Minutes - 1995 - City Council - 06/13/1995 - RegularEAGLE CITY COUNCIL MEETING
June 13, 1995
Pre Council: P&Z report: Mary Berent
Senior Citizens: Carl Hiaring - Chester Car~enter~ approached the
Council regarding donations to the Senior Citizen Center through
the budget. It was pointed out that the existing contract would
have to be renegotiated. Carl asked if it would be possible to
place the name "Senior Citizens Center" on the building in order to
identify which part of the building is the Senior Citizens Center.
It was determined it would be best to identify both the
Senior/Community Center and City Hall. The Council endorsed the
idea and authorized Carl to proceed.
Committee reports: Eagle Fun Days: Revenues Golf $1,500 after
ex~enses (revenues to the Ch-~her of Commerce). Breakfasts $3,600
net. 2 coke booths: generated $600 net. The fun run generated 501
runners. They estimate the spectators were up from last year, the
attraction and emphasis being the "water fighting" during the
parade. There were 88 registered booths. The feed estimated
approximately 4100 people and generated $48,000. There were 86 kegs
of beer. These figures do not count the amount generated in
booths, or the chili cook off.
Hazardous wastes EASON attended the Ada County Commissioners
meeting on hazardous waste. Ten cities were investigated for costs
of waste. They varied in price for hazardous waste disposal. The
results appeared they are more interested in it being operated by
a private enterprise.
Sewer Board: Concerned about the position the County has taken for
the infiltration beds in the impact area. They appreciated the
letter from the Mayor in support of this project. They would like
to use BLM land and asked the City support there also.
The Eagle City Council met in regular session on June 13, 1995.
Mayor GUERBER presiding.
The following members were present: RICK YZAGUIRRE, THOMAS EASON,
MORGAN MASNER. ABSENT: STAN BASTIAN
Moved by YZAGUIRRE and seconded by MASNER to approve the minutes of
the May 23, 1995 meeting as presented. ALL AYE: MOTION CARRIED.
PUBLIC HEARING/Hodges rezone (continued)
Mayor GUERBER announced that this was the time and place set for a
public hearing on the application to rezone from R1 to C2
Applicant: Bill Hodges
Location: SE corner of Chinden Blvd. and Eagle Rd
Proposal: Rezone for the purpose of establishing a retail market
place and development agreement with the City.
Bill Hodges addressed the Council and asked for some changes to the
development agreement. The changes he asked for are as follows:
1. page 2, paragraph 2: should read consenting to C1 zoning on the
current application for rezone only;
2. page 2: 3.2.1 landscaping will include grass covered berms
along Eagle and Chinden Roads as recommended by the Eagle
Landscaping/Design Review Committee;
3. page 3: Lighting - 15 ft. pole around the perimeter and 20 ft.
poles in the parking lot area, shoebox or decorative style not
offensive to any neighbor;
4. signage - 3.2.3:
city code
lighting on signs
indirect lighting per
5. page 3: C. since the site plan is conceptual not factual the
site plan will be required to return to Council for approval.
6. if there is a sale of the property the obligation is on the
property not the seller.
Public Testimony: none
Public hearing closed at 8:00 p.m.
Moved by MASNER and seconded by YZAGUIRRE to approve the
application for a rezone from Ri to C1, rather than C2, subject to
the execution of a development agreement, subject to the changes
presented tonight. ALL AYE: MOTION CARRIED.
NEW BUSINESS:
Ada County Transmittals:
95-48-CU - Campbell: Moved by MASNER and seconded by YZAGUIRRE to
approve the transmittal as presented. ALL AYE: MOTION CARRIED.
95-44-CU - Fease/Ellensohn:
Moved by MASNER and seconded by YZAGUIRRE to approve Ada County
Transmittal as presented. ALL AYE: MOTION CARRIED.
Design Review:
Robnette/Tire Alignment - Presented by Ray Robnette, the owner of
the property, and Dave Williams, representative. Mr. Robnette
advised Council that ACHD made access requirements that ultimately
cut down the number of parking spaces and asked Council to make a
determination regarding the number of spaces needed.
After considerable discussion it was concluded that with the multi-
use of the property, offices, warehousing and storage that 1 space
per 400 sq. ft. met the code requirements and that 11 spaces would
be required.
Moved by YZAGUIRRE and seconded by MASNER to require 1 parking
space per 400 sq. ft. and to accept the application subject to the
requirements and conditions placed on the project by the Eagle City
Landscaping/Design Review Committee and staff conditions of
approval. ALL AYE: MOTION CARRIED.
UNFINISHED BUSINESS:
Banbury Meadows Dillard Agreement: Dick Phillips presented a
site plan signed by the Dillards, Harvey Hoff and Richard Phillips,
as the document by which the conditions of approval placed on the
application by the Eagle City Council will be satisfied.
Moved by YZAGUIRRE and seconded by MASNER to accept the site plan
presented tonight, as the agreement between the Dillards and the
developers of the Banbury Meadows development with the signatures
of both the Dillards and the developers of Banbury Meadows,
further, that the condition placed on the project by the Eagle City
Council, to come to an agreement, has been satisfied. ALL AYE:
MOTION CARRIED.
Findings of Fact and Conclusions of Law/ Streamside Subdivision
Floodplain/Rezone/Preliminary Plat. Moved by MASNER and seconded
by YZAGUIRRE to approve the findings and conclusions subject to the
amendment that the section regarding the wood fireplaces be
included in the findings. ALL AYE: MOTION CARRIED.
ORDINANCES-RESOLUTIONS:
Moved by YZAGUIRRE and seconded by MASNER to dispense with the
three day ruling and to consider Ordinance 260, a rezone from A to
R2 for Streamside Subdivision at this time. ALL AYE: MOTION
CARRIED.
Moved by YZAGUIRRE and seconded by EASON to adopt Ordinance 260 as
presented. ALL AYE: MOTION CARRIED.
REPORTS:
MAYOR'S REPORT: Horting: A letter was received from the Hortings
asking for consideration of fencing and inquiring about a violation
of the development agreement. The Council asked the City Clerk to
review the minutes of the public hearings of the Hiatt/Horting
issue and see what the tapes reveal as far as what the Hortings'
conversations were regarding the berms and fences. The Youth
Connection: The Youth Connection wants a county wide curfew and
suggest using the Ada County ordinance. The City Attorney will
investigate this and submit an amendment to the ordinance.
Committee report: The subject of an exclusive trash provider and
recycle service was discussed. Mona advised the Council that the
City would not re-issue the trash licenses, and in the meantime
establish a franchise and recycling ordinance. The city should
solicit requests for proposals in providing that service, then make
a determination as to who is the most adequate server. EASON said
he has the Ada County ordinance which he will provide to Mona.
Moved by MASNER and seconded by YZAGUIRRE to proceed with the
implementation of new trash guidelines, advertisement and
requirements for franchising. ALL AYE: MOTION CARRIED.
EASON suggested that within the recycle program that newspaper
sells well and proposes that the bidder does a mixed paper program,
anything that tears, is not contaminated by food but leave the
glass and plastic to go to the landfill.
Moved by MASNER and seconded by EASON to add that criteria to the
proposal. ALL AYE: MOTION CARRIED.
CITY CLERK: The City Clerk, Barbara Montgomery, ask for a budget
line item change, $3,000 from Capital Expenditures/Other (01-
415.73) to Contract/Other (01-415.62) in order to add the
expenditure of the Design Review Ordinance by the Land Group
approved by the City Council. Moved by YZAGUIRRE and seconded by
MASNER to approve the line item change as requested. ALL AYE:
MOTION CARRIED.
Kestrel Cove: Stan needs to provide the attorney the
documentation, a letter and pictures, parties involved, etc. in
order to initiate action.
Moved by EASON and seconded by MASNER to authorize the city
attorney to contact Bill Narver regarding the problems.
Van Engelen: the Engineer will request a letter from MTC as to an
agreement. The City Clerk will contact the Kunklers.
Com~aittees: Eason will write a letter to APA disclaiming any
transportation con~aittee authorized by the City. Any further
references are to be submitted to the Mayor or Eason by APA.
ATTORNEY'S REPORT: Lost River Estates, a subdivision in the Eagle
Impact Area. After discussion the Council issued the statement
that the decision and findings remain the same and asked the City
Clerk to notify Jo Ann Butler, the attorney for the developers of
Lost River Estates.
A Policy statement regarding the position of the city regarding
public inquiries was discussed. Mona will issue a policy statement
at the next Council meeting.
CLAIMS AGAINST THE CITY: Moved by YZAGUIRRE and seconded by MASNER
to approve the claims as presented. ALL AYE: MOTION CARRIED.
There being no further business the meeting adjourned at 10:35 p.m.
ec~sibmitted
~:~. ~ ~R~ 'MONT~OM~R~
EAGLE CITY CLERK
APPROVED:
MAYOR STEVE GUERBER