Minutes - 1995 - City Council - 09/12/1995 - RegularEAGLE CITY COUNCIL MEETING
September 12, 1995
Pre Council:
Doug Colwell/Harris Dean Ins - Property Insurance Bid
Ron Marshall - Air Quality report
Lt. Bob Lockett ISP/LT. Dale Woodcook parking restrictions
Eagle Rd. Lt. Lockett recommends no signage as long as the
vendors are on private property. Lt. Woodcook agrees.
The Eagle City Council met in regular session on September 12,
1995. Mayor GUERBER presiding.
The following members were present: RICK YZAGUIRRE, STAN BASTIAN,
MORGAN MASNER. Absent: THOMAS EASON
Moved by YZAGUIRRE and seconded by MASNER to approve the minutes of
the August 22, 1995 meeting as presented. ALL AYE: MOTION
CARRIED.
CONSIDERATION OF RECORD: WINTRY RIVER: Mona Mack, City Attorney,
addressed this law suit. Mr. McCreedy will address the objections
to the transcript followed by Steve Bradbury, attorney for the
developer with their arguments on the matter.
John McCreedy: outlined his objections to the transcript of Wintry
River public hearing as a non transcribable document.
Steve Bradbury: Representing the applicant, Doug Jayo, stated that
he read the transcript, it is poor but the state statute does not
say you have to have a transcriber transcribe the document, only
that you keep a verbatim record. Mr. McCreedy is asking for a
higher standard than is required by law.
Mona Mack disagreed with Mr. McCreedy's characterization of the law
to the extent that all speakers have to be identified and every
word picked up by the microphone, carefully preserved so at a
subsequent date a transcriber could pick it up. The Mayor and
Council can address whether or not pertinent parts of the
transcript are omitted. The City Council must then make the
determination to open the hearing up to address those portions not
audible or to allow the matter to proceed to district court for
district court to determine if they are relevant.
John McCreedy: Rebuttal statement - pointed out major discrepancies
as follows:
May 24, Page 1: Steve Bradbury: I just want to make sure that
everybody (unaudible); line 20 to 21, He's an engineer who like to-
--Ms. Hable hears: who is an engineer with an expertise in the
flood plain. Also the open space was transcribed as 50.3%. Ms.
Hable identified it as 20.3%.
1 through 16 Dave Roylance:
saying.
Page 31 lines 10 to 11, and 38 line
there is no way to tell what he is
June 14, Page 5, Frank Stopello: another conversation was going on
and to prevent a verbatim transcript.
June 14, Page 23 Russ Buschert's: testimony was lost as the tape
ran out. He was allowed to continue to testify and testified for
some time. The tape was rewound so his testimony is erased and
then it is flipped over.
Ms. Hable interrupted at this point ....
May 24, Page 40, Morgan Masner: well, I just an opening comment for
discussion, I think once again, got a situation here that violates
the comprehensive plan and I find it very difficult to support.
Ms. Hable interprets this as "well, I just have an opening comment
for discussion, I'd think, we've once again got a situation here---
June 14, page 25, Line 8, Mayor GUERBER: transcribed as: an
approximate bond of three million dollars, should have read that
would cost somewhere around three million dollars.
September 13, Page 60, line 14: flood control vs. Over flow
Mayor GUERBER asked the question of Mr. Mc Creedy did he believe
the Council would have heard and understood when listening to
expert testimony and why the Council would need to rely on a
transcript when in fact testimony was given in person?. Mr.
McCreedy did not answer but shook his head, yes, then continued.
Linda C. Hable: Testified that she has not transcribed city
minutes.
Steve Bradbury: States that the two applications were not the same
plat. There was a difference in the two applications. One
withdrawn, one acted on by the Council. He gave a rebuttal to the
previous statements made by Mr. McCreedy.
After discussion it was moved by YZAGUIRRE and seconded by MASNER
to continue until the September 26, 1995 meeting. WITHDRAWN
Moved by MASNER and seconded by BASTIAN to have a special workshop
session where the matter can be collectively discussed and open to
the public. ALL AYE: MOTION CARRIED.
The meeting was scheduled for Tuesday, Septe~er 19, 1995, 3:00
P.M.
PUBLIC HEARING/SPYGLASS SUBDIVISION ANNEXATION, ZONING AND
PRELIMINARY PLAT:
Mayor GUERBER announced that this was the time and place set for a
public hearing on Spyglass Subdivision.
Staff Report: Mary Berent
Applicant: Merit Homes
Location: W. of Banbury Subdivision, N. of Chinden Blvd.
Proposal: .74 units per acre, includes a community septic system.
Public Testimony: no oral or written testimony given.
Van Elg: Representative of Merit Homes addressed the proposal.
Public hearing closed at 9:10 p.m.
Moved by MASNER and seconded by BASTIAN to approve the annexation,
zoning and preliminary plat as presented subject to P&Z and
Standard Conditions of Approval. ALL AYE: MOTION CARRIED.
PUBLIC HEARING/RECONSIDERATION HOPKINS EVERGREEN/CUP:
Mayor GUERBER announced that this was the time and place set for a
public hearing on Hopkins Tree Farm-CUP
Applicant: Hopkins Evergreens
TYPE OF APPLICATION: Conditional Use Permit
LOCATION: Lot 32, Block 7, Phase 5, Lexington Hills, approx 1/8
mile north of Floating Feather on the west side of Seven Oaks.
PROPOSED LAND USE AND ZONING: Temporary tree farm
Proposal: Establish a temporary tree farm, grassed area and ball
fields.
Public Testimony:
Opposed:
Gena Sandwich
Mike Vance
Pete Cintorino
In Favor:
Kim Gorley
Bert Bradley
Kendall Hopkins: Representative - in favor.
Bert Bradley: in favor - is a PUD
Dave Roylance: spoke from the audience and asked to be heard.
He came to the microphone and spoke in favor of the project.
Georgia Mackley: Lexington Hills representative
Written testimony:
Opposed: Pete Cintorino, Mike Vance.
In favor: a petition has been submitted with over 127
5 opposed.
in favor and
Concerns of the public: Commercial in a residentially zoned
neighborhood sets the wrong precedent, is not in harmony with the
surroundings, no design review process or sewer, water or impact
fee charged as is with other commercial buildings, not a compatible
use.
Public hearing closed at 10:10 p.m.
Moved by BASTIAN and seconded by MASNER to approve the CUP subject
to the following conditions:
1. Annual review of the CUP be required (first meeting in March)
2. Hours of operation 9:00 a.m. to 5:00 p.m.
3. 6 acres used for storage of trees
4. 4 acres used as ball fields
5. No construction on site
6. No signage or marketing in the community
7. Must meet the U.B.C. requirements for all buildings
AYE: MASNER, BASTIAN. NAY: YZAGUIRRE. MAYOR GUERBER: AYE: MOTION
CARRIED.
NEW BUSINESS:
Lexington Mills - Cluster Mousing phase 7 and 8:
An application for a preliminary plat was received for cluster
housing in Lexington Hills, phase 7 and 8. We need to identify if
this is a correct application or if it should be in another form.
Dave Roylance: sees this as a continuation of the original PUD
subject to the same codes as was approved at that time. The
Council agreed that the application should be viewed based on the
interpretation and presentation at the time the PUD was approved in
1991.
Seedling Trees: MASNER advised the Council that the Design
Review/Landscaping Committee advised denial of this project. The
Council agreed.
Extension of time:
1. Island Woods #3 final plat
2. Edgewood Estates #3 final plat
3. Wintry River Crossing - preliminary plat
Moved by YZAGUIRRE and seconded by Bastian to approve all three
extension of time requests. ALL AYE: MOTION CARRIED.
DESIGN REVIEW
GORDON JONES:
Larry Sundell, representative of Gordon Jones spoke to the Council
regarding the project. This project will include office space and
shop areas on the same property as the Gordon Mini Storage units on
SH55. This project has been approved by the Design
Review/Landscaping Committee.
Moved by YZAGUIRRE and seconded by BASTIAN to approve subject to
the stipulations of Design Review/Landscaping. ALL AYe: MOTION
CARRIED.
GUMO COMMERCIAL COMPLEX:
Moved by BASTIAN and seconded by MASNER to approve the proposal as
presented. ALL AYE: MOTION CARRIED.
ADA COUNTY TRANSMITTAL 95-05-ZOA/Ordinance amendment:
Moved by MASNER and seconded by BASTIAN to approve the transmittal.
ALL AYE: MOTION CARRIED.
ADA COUNTY TRANSMITTAL 95-24-PDR: WHITE HORSE SUBDIVISION:
The City received a request by the developer to continue the matter
until the September 26, 1995 meeting.
Moved by YZAGUIRRE and seconded by BASTIAN to continue the matter
until the September 26 agenda. ALL AYE: MOTION CARRIED.
CONSIDERATION OF PROPERTY ACQUISITION AGREEMENT: Moved by BASTIAN
~and seconded by MASNER to go into executive session to discuss this
item, and to defer this decision until the adjournment of the
executive session.
DISCUSSION - BUILDING MORATORIUM: Discussion took place regarding
the sewer permit process. The sewer district will meet in one week
to discuss the issue of sewer permits. The sewer district will
need to ask the city to take a new direction.
UNFINISHED BUSINESS:
NOTICE TO CLEAN PREMISES: LARUE BEVINGTON: Moved by MASNER and
seconded by YZAGUIRRE to direct the City Attorney to write LaRue
Bevington that he has not met the representations he made to the
City Council in terms of cleaning up of the property. Mr.
Bevington has not completed the landscaping or clean up of
"memorabilia". ALL AYE: MOTION CARRIED.
The Council asked the City Clerk to review the properties discussed
before and designated clean up areas and return the matter to the
Council.
ORDINANCES-RESOLUTIONS:
Moved by YZAGUIRRE and seconded by BASTIAN to dispense with the
three day ruling and to consider Ordinance 266 Air Quality
Amendment at this time. MOTION CARRIED.
Moved by YZAGUIRRE and seconded by BASTIAN to adopt Ordinance 266
Amending Title 4-4-12 of the Eagle City Code. ALL AYE: MOTION
CARRIED.
REPORTS:
P&Z report: Mary Berent
Senior report: The seniors will be receiving a new Van and have
agreed to use the Van 10 hours more a week if the City will finance
the hours. The van is owned by the Seniors, but was given to them
by the County. This is used for doctors appointments, etc. Some of
the Senior's area is out of the City Limits.
Mayor's Report: He will not be at the September 19 meeting. He
received a letter from the County outlining design work bids on the
park at Floating Feather and SH55. The County wants an answer from
the City of Eagle regarding an agreement for financial support for
development of the park. The maximum amount for the design bid for
the City of Eagle would be $10,600. Moved by BASTIAN and seconded
by YZAGUIRRE to authorize the expenditure up to $10,600 toward
investment of development of a park in the impact area. ALL AYE:
MOTION CARRIED.
The subject of weeds resulted in a suggestion that at the next
Council meeting the Eagle Fire Chief appear before Council. Mona
Mack will invite a Boise City official to discuss weeds also.
Moved by MASNER and seconded by YZAGUIRRE to go into executive
session regarding acquisition of property. ALL AYE: MOTION
CARRIED.
Moved by BASTIAN and seconded by YZAGUIRRE to authorize the Mayor
to negotiate exclusively with the Oppenheimer Assoc. ALL AYE:
MOTION CARRIED.
CLAIMS AGAINST THE CITY: Moved by YZAGUIRRE and seconded by BASTIAN
to approve the claims as presented. ALL AYE: MOTION CARRIED.
There being no further business the meeting adjourned at 12:35 p.m.
MAYOR STEVE GUERBER