Minutes - 1995 - City Council - 07/11/1995 - RegularEAGLE CITY COUNCIL M~ETING
July 11, 1995
PRE COUNCIL: Co~n~nity Youth Connection - Charlotte Combe~ asked
for a contribution from the city in the amount of $1,000 toward the
organization. The Council agreed to consider the request.
~erit Homes ~--ex (W. of Banbury): Peter Weringa, representing
Spyglass Subdivision located west of BanBury, would like to ennex
the property. The issue before the Council is the question of
sewer availability. This subdivision will be served by a septic
system not central sewer. The Eagle Com~rehensive Plan states that
more than $ lots per 5 acres is to be serviced by a central sewer
service.) The Council indicated the developers should follow the
~uidelines of the co~rehensive plan.
Co.~.~Lttee Reports:
Library: The proposed budget was presented to the Library Board,
there are now 1,300 resident cards and increasing. Because of the
increase in development in Eagle there is pressure to extend the
hours of the library.
Trash: Ada County proposal for solid waste was given to Mona for
review.
Sewer: The sewer may be forced to enforce a moratorium after about
150 more permits unless Ada County approves the CUP permit for
sewer on Beacon Light Rd.
Engineer's report: The fence issue in Van Engelen #1 was
discussed. There is an agreement between property owners, Kunklers
and the developer, for fencing on the east and west side, however,
there is no agreement to fence the north side. Greg Holmes would
like Council input on replacing the fence the developer took down
on the north side. He believes it should be a 6 ft. fence.
The Eagle City Council met in regular session on July 11, 1995.
Council President YZAGUIRRE presiding in Mayor GUERBER'S absence.
The following members were present:
STAN BASTIAN, MORGAN MASNER.
RICK YZAGUIRRE, THOMAS EASON,
Moved by EASON and seconded by MASNER to move the approval of the
minutes to item 8, "Hiatt (Custom Masonry) - Development Agreement"
in order to discuss the minutes when the city attorney is present.
ALL AYE: MOTION CARRIED.
PUBLIC HEARING/Hopkins Evergreens - CUP
Councilman YZAGUIRRE announced that this was the time and place set
for a public hearing on Hopkins Evergreens, an application for a
Conditional Use Permit.
Applicant: Hopkins Evergreens AGENT/REP: Georgia Mackley
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 Landscape Nursery (R4)
Representative of the project, Georgia Mackley, addressed the
issue.
Public Testimony:
Mike Vance objects as presented, should be obligated to go through
design review process the same as any other business.
Pete Centerino: objects
and be adequately zoned.
Hopkins: in favor
needs
to go through proper procedures
Louis DeWitt: in favor, presented a petition of property owners in
favor of the project.
Written Testimony: Pete Centerino, Eagle Nursery
Public hearing closed at 7:55 p.m.
Moved by MASNER and seconded by EASON to deny the CUP. AYE:
YZAGUIRRE, BASTIAN. NAY: BASTIAN. MOTION CARRIED.
PUBLIC HEARING/Covey Glen Subdivision - Rezone, Preliminary Plat
and Floodplain:
Councilman YZAGUIRRE announced that this was the time and place set
for a public hearing on the Covey Glen Subdivision application.
Applicant: Barry Peters
Type of application: Preliminary plat, rezone and floodplain
Location: Approx. 3/4 mile west of Eagle Road south of and along
Mace Road.
Proposed land use and zoning: Proposed zoning of AR, a 4 lot
subdivision on 28.12 acres with approx. 7 acres per unit (.142
dwellings per acre). The proposed project is partially in the
floodway and partially in the floodplain.
Barry Peters developer of the property outlined the project to the
Council.
Public Testimony: Glida Bothwell - concerned about special areas as
defined in the comprehensive plan.
Written testimony: Donald Knickram - in favor
Public hearing closed at 8:25 p.m.
Moved by BASTIAN and seconded by YZAGUIRRE to approve the
preliminary plat with the standard conditions and conditions placed
on the project by P&Z with exception of condition #6, and waive the
fee. AYE: YZAGUIRRE, BASTIAN, EASON. NAY: MORGAN. MOTION
CARRIED.
Moved by BASTIAN and seconded by YZAGUIRRE to reconsider the
motion. ALL AYE: M~TION CARRIED.
Moved by BASTIAN and seconded by YZAGUIRRE to approve the
applications conditioned on the City of Eagle Standard Conditions
of Subdivision Approval, the Eagle Planning and Zoning conditions
of approval with a note on the face of the plat that flood
insurance must be obtained, waiving of the fees with the exception
of the direct costs (mailing, publication etc.)
AYE: YZAGUIRRE, BASTIAN, EASON. NAY: MASNER. MOTION CARRIED.
PUBLIC HEARING/COMPREHENSIVE PLAN AMENDMENTS 1995
Councilman YZAGUIRRE announced that this was the time and place set
for a public hearing on proposed amendments to the 1995 Eagle
Comprehensive Plan.
The City Clerk announced that the applicants Wanner and Ricks have
withdrawn their applications for map revisions and that the only
issue before the Council tonight is the Hazards Area of the
Comprehensive Plan which addresses Corp of Eng. Maps, which should
read FEMA Maps.
Public Testimony: none
Written Testimony: Mike McKinniss, Lori Murry,
Public hearing closed at 8:45 p.m.
Moved by EASON and seconded by MASNER to approve the 1995 amendment
to the Hazard section of the Eagle Comprehensive Plan as proposed.
ALL AYE: MOTION CARRIED.
UNFINISHED BUSINESS:
NOTICE TO CLEAN PREMISES (Continued)
1. Summers: Lillian Sur~ners, one of the property owners, is
present. The City Attorney suggested since the Summers attorney
needed some time to explore the codes that a 2 weeks extension of
time be granted. Moved by MASNER and seconded by EASON to grant a
2 weeks extension of time. ALL AYE: MOTION CARRIED.
2. Weaver: Bob Weaver was present. He feels that the site is now
adequately taken care of and nothing else needs to be done.
BASTIAN called attention to those things on the side next to the
Merrill Egg Farm site, and addressed them as Refuse, defined in ECC
4-7-5-1. Mr. Weaver agrees to take care of the "waste debris"
(tree stumps, scrape iron) that are in that area and store them
behind the back of the fenced in area.
3. Bass: The City Clerk received a call from Mike Marks regarding
the property. Mr. Marks, the son of the owner Glen Bass, will be
out of town and unable to attend the meeting. He agreed to cut the
weeds and put equipment behind the fence he constructed. The
Council rescheduled the issue for 30 days.
The Council wants an ORDER TO CLEAN PREMISES sent to Bob DeShazo
and Tom King for an order to appear. Moved by YZAGUIRRE and
seconded by BASTIAN to issue an Order to Clean Premises. ALL AYE:
MOTION CARRIED.
POLICY STATEMENT - MONA MACK, CITY ATTORNEY (continued):
NEW BUSINESS:
ARBORETUM - PROPOSED DRAINAGE DITCH CONTRACT: The City Attorney
will contact Mr. Gaas to discuss a compromise to the contract.
Moved by YZAGUIRRE and seconded by BASTIAN to grant a 2 weeks
extension of time on this issue. ALL AYE: MOTION CARRIED.
DESIGN REVIEW - BRUCE PROPERTY: The Design Review application was
outlined by the City Clerk. There is cause for concern regarding
the entrance to and exit from the parking lot in the rear of the
building. The City Clerk outlined a plan to MASNER, as a member of
the Design Review Committee, regarding an alternative to a parking
problem. A possible solution is to use the rear of Jensen Realty
and Priest Hat Co., both are owned by Jim Bruce, as parking areas
in conjunction with the Senior/City Hall parking area and use the
Senior/City Hall access as well. Mr. Bruce would be responsible
for the preparation of the site and the City responsible for
paving. There would be an agreement between the City and Jim Bruce
in order to do that. The Council suggested a feasibility study
initiated by the Engineer and Mr. Bruce for costs of pavement and
loss of parking spaces, etc, to be brought back before the Council
for further determination. Mr. Bruce noted that he has an
encroachment permit from ITD in order to make additional curb cuts
in the front of the building to the ITD required 25 ft. which he
will do if he needs to use that entrance. He is willing to
lighting, in cooperation with the City for 4 parking spaces for the
Jensen Realty site~k~_ ~ ~
Mike Vance, a member of the Design Review/Landscaping Com~aittee
spoke regarding the project. The Committee denied the application
because certain portions of the application were not in conformance
with Eagle City Code. Specifically, the dust free surface
requirement and irrigation requirement are not being met and are in
conflict with code.
Moved by MASNER and seconded by BASTIAN to approve the application
with a provision that the gravel in the rear of the building is
only temporarily approved and will only be acceptable until the
study on pavement and lights is available. A decision regarding a
parking area will be made at that time. Also, to allow Mr. Bruce
one year to install the sprinkler system. The sign portion of the
application is acceptable as presented. The feasibility study is
to include lighting. ALL AYE: MOTION CARRIED. This issue will be
rescheduled for the next Council meeting.
APPEAL - HOME OCCUPATION/ZONE VIOLATION: A letter of enforcement
action, based on the building permit was sent to the occupant by
the Zoning Administrator. It was discovered that the proposed use
of the property was residential and raising birds for sale. The
commercial use aspect raised issues as to whether it would qualify
for home use or it would constitute a kennel or agricultural use.
A CUP is required for kennel use. The appeal before the Council is
based on a protest that raising birds would be a home occupancy
issue not a zoning violation.
Robert Aldridge, attorney for the Loewen's, spoke in favor of a
home occupancy use. He believes it will meet the Eagle City Code
regarding the home occupancy issue.
Marjorie Loewen: Testified that there would be a total of 10 pairs
of birds and no more. They installed triple insulation to take
care of any noise, the dwelling will be cleaned daily.
Victor Loewen: Told the Council that they intend to be a good
neighbor.
Moved by BASTIAN and seconded by EASON to recognize this as a home
occupation and ask the Loewen's to report back to Council in a year
to report the progress of the operation. ALL AYE: MOTION CARRIED.
Moved by YZAGUIRRE and seconded by EASON to work with Mr.
to devise a Home Occupancy Permit process. ALL AYE:
CARRIED.
Alridge
MOTION
OLD BUSINESS:
HIATT (CUSTOM MASONRY) DEVELOPMENT AGREEMENT:
The attorney outlined the addendum to the agreement. The date is
clearly specified beginning February 16, 1995. In order to apply
for an extension of time, 30 days prior to the end of the agreement
the Hiatt's will have to notify the Council, in writing, of their
intentions to extend, appear before Council and establish they have
satisfied the terms of the development agreement for the 2 year
period, (the use, site and sound, hours). The Council wanted as a
term and condition the Hiatt's shall use their best efforts to
obtain other property. The Council was concerned about the 15 day
provision termination after purchase other property, the Council
does not believe this is reasonable. There should be a 60 day
provision. The attorney suggested a diagram to outline where the
fence should be erected. The dust free surface was brought up by
MASNER. Hiatt was going to bring road mix in, however, road mix is
not dust free, it is about 30% clay. Therefore, Hiatt has not
complied with the dust free provision. There are specific remedies
outlined in the agreement regarding dust free according to the City
Attorney. There are oil substitutes or daily watering to keep the
dust down from the road mix. The attorney will make the changes
discussed here tonight and submit them to the Council at the next
meeting. This will be circulated only after Council review.
Moved by BASTIAN and seconded by MASNER to amend the minutes of
June 27, 1995, Old Business, A. Hiatt (Custom Masonry - Development
Agreement, date of operation was discussed. /w_r. Hiatt represented
he only operated half days on Saturday and never operated on
Sunday. Given Mr. Hiatt's representation, the Council believed
that the days of operation was not an issue. ALL AYE: MOTION
CARRIED.
ENGINEER REPORTS: Van Engelen Estates: The fencing issue was
discussed once again. The Van Engelen Engineer, Ron Scott
committed to a fence on the north side of project. The Council
would like to see a 6 ft. fence on the north side as well as the
east and west side. Other issues brought up were ACHD projects for
the neighborhood enhancement project. The Engineer addressed the
Guho denial from ITD for curb, gutter and sidewalk on the Bosanka
State St. frontage.
ATTORNEY'S REPORT: Mona Mack told the Council that the Boise River
Ordinance will have to be continued. She has revieved the Design
Review Ordinance and it has been submitted to P&Z. The fight
continues with Wintry River over the transcript. They believe the
first application is part of the second application and believe it
is not transcribable. If they win this argument the Council will
be obligated to open new hearings. Brighton: They intend to
appear in front of Boise City Council for a stay of development.
CLAIMS AGAINST THE CITY: Moved by MASNER and seconded by EASON to
approve the claims as presented. ALL AYE: MOTION CARRIED.
There being no further business the meeting adjourned at 11:00 p.m.
Respectfully submitte~d:
~ARBARA MON~Gbiv/kR~ ! ~,,
EAGLE CITY CLERK
APPROVED:
MAYOR STEVE GUERBER