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Minutes - 1995 - City Council - 06/27/1995 - RegularEAGLE CITY COUNCIL MEETING June 27, 1995 Pre Council~ Sheriff's report given by Lt. Dale Woodcook FALL CREEK~ A report on the progress of Fall Creek was given by Dennis Baker. Mr. Baker would like to re-submit Fall Creek plat, a revised plat for City consideration through P&Z as a PUD, using the park area as county ground. He would work with Boise on a land exchange of 47 acres to the east for 47 acres on Eagle Rd. to the north. He has contacted Harvey Hoff regarding a possible 9 hole golf course on Baker's site and an 18 hole golf course on the Hoff site. This development would be in conjunction with the Joplin property. They will get figures together and return to Council. They will invite Kevin Joplin to attend the meeting also. COM~UTERLAND-comH)uter report= Steve Allen presented a written report to the Council. This will continue until the next meeting. The Eagle City Council met in regular session on June 27, 1995. Mayor GUERBER presiding. The following members were present: STAN BASTIAN, MORGAN MASNER. RICK YZAGUIRRE, THOMAS EASON, Moved by YZAGUIRRE and seconded by EASON to approve the minutes of the June 13, 1995 meeting as presented. ALL AYE: MOTION CARRIED. UNFINISHED BUSINESS: MAYOR'S COMMENTARY: The Mayor announced he will not seek a third term to office of Mayor in 1995. Mayor GUERBER indicated he may seek a Council position. Moved by MASNER and seconded by YZAGUIRRE to delay the Notice to Clean Premises until the representatives arrive and to consider the findings at this time. ALL AYE: MOTION CARRIED. Findings of Fact and Conclusions of Law/Hodges Rezone and Development Agreement. Moved by EASON and seconded by YZAGUIRRE to approve the findings and conclusions as presented. ALL AYE: MOTION CARRIED. NOTICE TO CLEAN PREMISES: WEAVER: Testified that he has continued the same kind of operation since his father started it in 1949, and that it is operated the same now as then. After discussion Councilmen MASNER and BASTIAN agreed to meet with Mr. Weaver to view the site and come up with an action plan for clean up. This matter is to be rescheduled at the next meeting for a report from the designated Council members. BASS: Moved by YZAGUIRRE and seconded by BASTIAN to continue this issue because of observations that there have been some clean up efforts taken in that the weeds were cut. This matter will be concluded at the next meeting. The representative needs to be present. The City Clerk will notify the property owners that the Council will take final action at the next meeting. ALL AYE: MOTION CARRIED. BEVINGTON: A letter was received from Mr. Bevington, and disbursed to Council. He addressed the letter in his testimony. Moved by MASNER and seconded by YZAGUIRRE to give Mr. Bevington until July 31 to clean up the property. The City Clerk was instructed to reschedule this matter for the first meeting in August at which time Mr. Bevington to report back to Council. Design Review: Mr. Bevington complained about the conduct and the city code regarding the landscaping and design review application he submitted. The Council instructed the City Clerk to take the message back to the Committee to schedule this, make a decision, so he can appeal to Council. S~RS: The property owner did not appear before Council. The City Clerk has not been given the certification back to prove the serving took place. This matter is continued until the next meeting, at which time the Council will take action. BACUS Lot Split: Moved by YZAGUIRRE and seconded by EASON to approve the lot split but that no building permit will be issued in the floodway and that portion of the land in the floodplain is elevated. ALL AYE: MOTION CARRIED. OLD BUSINESS: HIATT - CUSTOM MASONRY: The Development Agreement was discussed by Council. Testimony was given by Mr. and Mrs. Horting, Stanley Crow, attorney for the Hiatt family, and Steve Hiatt. Issues: The Hortings believe that fencing to the north, 99 ft. (to finish the entire length of the property) and to the south 23 ft.to the property line, and along Clarksons property to the north, should be complete. The discussion was to clarify the intent of the Development Agreement between the City and Hiatt's. Other topics of discussion were: 1. days of the operation_ ~.~~X\ ~ ~ 2. dust issue 3 effectual date of development agreement 4 the building materials on Clarkson property 6. conditions will be final It was suggested that the revised Development Agreement should be dispersed to Hiatts and Hortings only after Council approval. The Attorney will draft an agreement for Council review at the next scheduled meeting. ORDINANCES-RESOLUTIONS: Moved by MASNER and seconded by YZAGUIRRE to dispense with the three day ruling and to consider Ordinance 261 at this time. ALL AYE: MOTION CARRIED. Moved by MASNER and seconded by EASON to adopt Ordinance 261, amending Curfew. ALL AYE: MOTION CARRIED. Moved by MASNER and seconded by EASON to dispense with the three day ruling and to consider Ordinance 262, a rezone from Ri to C1 for Hodges at this time. ALL AYE: MOTION CARRIED. Moved by MASNER and seconded by YZAGUIRRE to adopt Ordinance 262 Tire: ALL AYE: MOTION CARRIED. Policy Statement next meeting) Mona /~ack, City Attorney (continued until the ATTORNEY'S REPORT - Brighton: received a scheduling order from the court. Wintry River: there is discussion regarding a transcribable tape. The attorney will submit the revised Boise River Ordinance in 2 weeks. COMMITTEE REPORTS State St. restriping plans as submitted by ITD were submitted. Moved by EASON and seconded by MASNER to contact ITD and advise them the plans are acceptable as submitted. ALL AYE: MOTION CARRIED. ENGINEER: The Engineer discussed the street lights on N. Eagle Rd. Library: budget for the library was discussed regarding the design of a new library. The design should be the responsibility of the city to budget not the library. BLM meeting: Sewer percolation beds on BLM land, trails were discussed on BLM land. 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 p.m. MAYOR STEVE GUERBER