Minutes - 1994 - City Council - 09/27/1994 - RegularEAGLE CITY COUNCIL MEETING
September 27, 1994
Pre Council= Edgewood Rd. ACHDrepresentative Kent Brown outlined
the road project to the Council. He reviewed the Ada County 2010
Plan. The Council will consider the proposal at the October 11
meeting.
Eyan Armbruster, attorney, spoke on the necessary steps for
formation of a Eagle Redevelopment Agency. Councilman BASTIAN and
Councilman MASNER were asked to meet with the property o~ners.
The Eagle City Council met in regular session on September 27,
1994. Mayor GUERBER presiding.
The following members were present:
STAN BASTIAN, MORGAN MASNER.
RICK YZAGUIRRE, THOMAS EASON,
Moved by YZAGUIRRE and seconded by MASNER to approve the minutes of
the September 13, 1994 meeting as presented with the clarification
that the motion made in regards to Wintry River Crossing was to
include the P&Z recommendations. ALL AYE: MOTION CARRIED.
Clarification was asked by Mary Berent, City Planner.
PUBLIC HEARING/ORDINANCE #248 A zoning Ordinance for the Bench
Chinden properties.
Mayor GUERBER announced that this was the time and place set for a
public hearing on Ordinance #248.
Public Testimony: Dolores Myers objects to the Ri zoning, wants
R2.
Public hearing closed at 8:10 p.m.
Moved by BASTIAN and seconded by MASNER to approve the rezone to
Ri. ALL AYE: MOTION CARRIED.
Moved by BASTIAN and seconded by YZAGUIRRE to dispense with the
three day ruling and to consider Ordinance #248 at this time. ALL
AYE: MOTION CARRIED.
Moved by BASTIAN and seconded by YZAGUIRRE to adopt Ordinance #248,
a zoning ordinance application following up Ordinance #237 annexing
the properties. ALL AYE: MOTION CARRIED.
PUBLIC HEARING/Custom Masonry - Rezone
Mayor GUERBER announced that this was the time and place set for a
public hearing on Custom Masonry rezone from R5 to C2.
Applicant: Steve Hiatt - Lonnie Clarkston
Location: 1022 W. State St. - 964 W. State St.
Proposal: continue and expand a masonry business, storage and
office facility for the business.
The application was presented by Mary Berent, City Planner,
including the most recent development agreement proposed.
Stanley Crow represented the applicants and outlined the project
and proposed rezone. Steve Hiatt rebutted some of the opposing
testimony.
Public Testimony:
In Favor:
Dean Graham
Larry Cupp
Wayne Swanson
Dick Stewart
Gordon Edwards
Opposed:
Bob Horting
Cathy Horting
Joey Cullen
Reba Cullen
Eiola Yucas
Boyd Young
Jerry Potter
Concerns of the public:
opposition to a development agreement,
dust, noise, residential considerations,
long business hours.
Written Testimony:
In Favor:
Peggy Irving
Ray Means
Wayne and Jane Crosby
Inis Cupp
Sani Lawson
Mary Ann Taylor
Wm. Russell
R. Kent Miller
Lonny Clarkson
Wayne Swanson
Cal D. Low
Opposed:
Cathy Horting
Petition 16 signatures
Boyd & Mary Young
Public hearing closed at 10:10 p.m.
Moved by BASTIAN and seconded by MASNER to deny the application as
presented. AYE: BASTIAN, MASNER. NAY: YZAGUIRRE, EASON.
Based on ECC, Section 8-7-5-F.b2 the recommendation of denial by
Planning and Zoning Commission on this project would have to be
rejected by Council by a vote of one-half (1/2) plus one of the
members, therefore, the application is denied.
The City Attorney asked for time to review the record. The vote
stands, as far as the interpretation of the vote the City Attorney
will come back to Council with a legal explanation on what the vote
means.
Findings of Fact and Conclusions of Law/Dowding - CUPI Moved by
YZAGUIRRE and seconded by MASNER to approve the findings and
conclusions as presented. ALL AYE: MOTION CARRIED.
Findings of Fact and Conclusions of Law/Wintry River Subdivision:
One of the conditions was addressed by Mary Berent. A letter from
Doug Jayo's attorney, Steve Bradbury, addressing the condition
requiring FEMA's approval was received. In the letter, a
consideration of an amendment to a condition of approval was read.
The amendment is as follows: "To provide certification by a
professional registered engineer that the project complies with the
flood control regulations of the City of Eagle found in Title 10,
Chapter 1 Eagle City Code the regulations of the federal emergency
management agency which certification shall be approved by the
Federal Emergency Agency". Moved by BASTIAN and seconded by MASNER
to approve the amendn~ent to the condition as read. ALL AYE: MOTION
CARRIED.
Seven Mile Lounge - Development Plan: Moved by BASTIAI~and seconded
by MASNER to accept the development plan as submitted. ALL AYE:
MOTION CARRIED.
I~lr. Hodges asked for Council consideration for his property to be
served by Boise Sewer. Boise asked for written approval by the
City of Eagle. Moved by BASTIAN and seconded by YZAGUIRRE to
authorize the Mayor to write the City of Boise a letter allowing
Boise Sewer to serve the Seven Mile property. ALL AYE: MOTION
CARRIED.
APPOINTMENTS: Urban Stages Task Force Moved by YZAGUIRRE and
seconded by I~ASNER to continue until the next Council meeting. ALL
AYE: MOTION CARRIED.
ARBORETUM: Moved by YZAGUIRRE and seconded by MASNER to continue
the matter until the next meeting. ALL AYE: MOTION CARRIED.
BASS PROPERTY UPDATE: Moved by BASTIANand seconded by YZAGUIRRE to
continue the matter but to advise the property owners the City will
continue to monitor and watch the process of cleanup. ALL AYE:
MOTION CARRIED.
LAW ENFORCEbIENT/SERVICES JOINT POWERS AGREEMENT: The City
Attorney, Mona Mack, reviewed the 1992 and 93 Agreements. She
indicated that the wording "Ada County, its officers, agents, and
employees shall not be deemed to be an officer, agent, or employee
of the City of Eagle for purposes of the indemnification provisions
in the Agreement", should be included in the current Agreement.
She also recommended an inclusion that the City would not be
required to pay additional compensation to the County, or officer,
for court appearances.
Moved by EASON and seconded by BASTIAN to include paragraph 9 of
the 1992 Agreement, which speaks to the indemnification. ALL AYE:
MOTION CARRIED.
ORDER TO SHOW CAUSE:
Treasure Valley Feed & Seed Store: Moved by EASON and seconded by
MASNER to continue the matter with the stipulation that the
conditions of approval of this project will be completed by October
30. ALL AYE: MOTION CARRIED.
Golf Magic: Moved by BASTIAN and seconded by EASON to continue the
matter until the owners can be present. ALL AYE: MOTION CARRIED.
ISLAND WOODS - FINAL PLAT APPROVAL PHASE 3
Moved by MASNER and seconded by YZAGUIRRE to approve the final plat
as presented. ALL AYE: MOTION CARRIED.
EXPANSION OF THE EAGLE IMPACT AREA:
Mary Berent addressed the issue. She received a letter from the
Eagle Sewer Dist. advising the City the District will not serve the
impact area as proposed. The District does not intend to
incorporate sewer service in the planning area.
CITY LIABILITY AND PROPERTY INSURANCE:
Moved by EASON and seconded by YZAGUIRRE to continue the current
insurance through Stein McMurray in the amount of $6.722. ALL AYE:
MOTION CARRIED.
REPORTS: Attorney: Jo Ann Butler wants reaffirmation from the City
of Eagle regarding dedication of well lot #2. Stan will check the
legal description attached to the Memorandum Of Understanding and
make sure the second well is included in the agreement.
Mona advised the Council to submit a position statement before the
PUC only if they are seeking consent the operation and expansion of
a water system. If the PUC is seeking a service area for franchise
purposes the City of Eagle should not speak to it. The City of
Eagle needs to hire an expert to address the water rates base
issue. She suggested Don Reading.
Moved by YZAGUIRRE and seconded by BASTIAN to research the PUC
rates and see if the intent is to rate the same as Boise and report
back to the Mayor. Mona will make a determination on whether or
not to approach the PUC prior to September 30. ALL AYE: MOTION
CARRIED.
REPORTS:
BRIGHTON: Moved by MASNER and seconded by YZAGUIRRE to authorize
Mona to write to the attorney for Brighton Inc., as well as the
attorney for Boise and advise them that Eagle will file a Motion
for Surmmary Judgement on Oct 13. ALL AYE: MOTION CARRIED.
RECREATION: Playground equipment - EASON has received one quote.
He will seek 2 more bids, under $6,000 and return the bids to
Council. We will continue to negotiate with Boise.
LIBRARY: The Eagle Public Library Building Program Outline Study
has been completed. They believe that a new library would need
13,000 sq. ft.
SEWER: The Sewer Board will have an election of officers in
November.
CLAIMS AGAINST THE CITY: Moved by BASTIAN and seconded by MASNER to
pay the claims as presented including the final payroll of Mary Ann
Wilcox the former recreation director. ALL AYE: MOTION CARRIED.
There being no further business the meeting adjourned at 11:40 p.m.
Re s~eCk~ly~
MAYOR STEVE GUERBER