Minutes - 1995 - City Council - 01/10/1995 - RegularEAGLE CITY COUNCIL MEETING
January 10, 1995
Pre Council~ BanBury~eadows= Dick Phillips presented the concept
of the plan to the Council. The patio home lots and the townhomes
are designed with 0 lot lines. The Council asked them to proceed
with the plans in order to go to public hearing.
Clair Bowman, APA-County Wide Drainage= Came to seek an endorsement
for the legislation regarding drainage bill now in the senate.
Senator Cecil Engram will be carrying the bill. Mr. Bowman asked
for a resolution of support. The Council agreed to support the
bill.
The Eagle City Council met in regular session on January 10, 1995.
Mayor GUERBER presiding.
The following members were present:
STAN BASTIAN, MORGAN MASNER.
RICK YZAGUIRRE, THOMAS EASON,
Moved by BASTIAN and seconded by YZAGUIRRE to approve the minutes
of the December 20, 1994 meeting as presented. ALL AYE: MOTION
CARRIED.
PUBLIC HEARING/Van
Preliminary Plat
Engelen Estates
#2 Rezone/Subdivision
Mayor GUERBER announced that this was the time and place set for a
public hearing on the Van Engelen Rezone and Preliminary Plat.
Applicant: Rick Roe & Craig Van Engelen
Type of application: Zoning R4 & Subdivision Preliminary Plat
(annexation completed in Dec. 94)
Location: Approx. 1 mile West of downtown Eagle on South Side of
State Hwy. 44
Proposed land use and zoning: 25.87 acres, 59 residential lots, 10
common lots & 1 well lot, 2.28 units per gross acre. Covered ditch
concept for Ballantyne running east to west through the
subdivision. The Chevron pipeline will become a public pathway.
Public Testimony:
Fred Kunkler not opposed, concerned about water and irrigation
rights. Also concerned about the driveway access to his property.
Gary Wagner - not opposed, concerned about water conditions also.
Tom Ricks - wants the ditch covered (Ballantyne).
Public hearing closed at 8:00 p.m.
Moved by EASON and seconded by MASNER to approve the rezone and
preliminary plat subject to the standard conditions of approval,
Eagle Planning and Zoning recorm~endations and:
1. An agreement to pipe Ballantyne Ditch through the subdivision;
2. A pathway on the Chevron pipeline
3. Fencing on the exterior of the subdivision and maintenance of
the fences are to be included in the CC&R's.
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 a rezone application for Custom Masonry.
Applicant: Steve and Linda Hiatt and Lonnie Clarkston
Type of application: Rezone from R5 to C2
Location: 1022 W. State St. & 964 W. State St. Eagle
Proposed land use and zoning: An office facility,
business and storage for same and parking area.
masonry
Stanley Crow represented the applicant and addressed the Council.
He asked for Council consideration for a development agreement with
a 5 year limitation to phase out the business.
Public testimony:
Kathy Horting-reviewed history of the business, opposes the rezone
Bob Horting-siting the floodplain and comprehensive plan, opposes
the rezone.
Ruth Shaw-in favor of the business remaining at that location.
Public hearing closed at 8:25 p.m.
Moved by MASNER and seconded by BASTIAN to approve the rezone with
a one year development agreement and provision with an option to
appear before Council for a year extension; removal of the berm is
required. AYE: BASTIAN, MASNER. NAY: YZAGUIRRE, EASON. The
recommendations and provisions of the Eagle Planning and Zoning
Commission are effectively approved. (required super majority
failed)
Ada County Transmittal: 94-70-PDR/94-32-PR Teal Lake Estates
Moved by MASNER and seconded by BASTIAN to approve the Ada County
Transmittal with the conditions recommended by P&Z subject to yard
lights required on each lot. ALL AYE: MOTION CARRIED.
Moved by YZAGUIRRE and seconded by EASON to reconsider the previous
motion on the Hiatt application. ALL AYE: MOTION CARRIED.
Moved by MASNER for a development agreement for a 2 year period
with an additional 6 months if the applicant comes before the
Council and is granted approval. Motion failed for lack of a
second.
Moved by BASTIAN to modify the previous motion to a 2 year period
with a year extension if necessary rather than 6 months. MOTION
WITHDRAWN.
Moved by BASTIAN and seconded by MASNER to continue the matter
until the next Council session, with notification to the applicant,
for further discussion and consideration of the issue. ALL AYE:
MOTION CARRIED.
(NOTICE TO APPLICANT AND THOSE GIVING TESTIMONY)
The Mayor asked that the City Clerk instruct the building inspector
is inspect the Hiatt business site to alert Mr. Hiatt to any
potential problems involving hazardous material that are not in
compliance with the provisions of the flood code.
La Rue Acres Subdivision-Final Plat:
Moved by BASTIAN and seconded by YZAGUIRRE to approve the final
plat with the standard conditions and including a requirement for
bonding for development of the park. ALL AYE: MOTION CARRIED.
APPOINTMENTS: Mayor GUERBER presented the appointment of Kayle
Safely-Gebert to the Eagle Planning and Zoning Commission for
Council consideration. Moved by BASTIAN and seconded by MASNER
that approval be given to the appointment Kayle Safely-Gebert to
the Planning and Zoning Commission. ALL AYE: MOTION CARRIED.
Mayor GUERBER asked for a letter to be circulated at the next
Council meeting for Council signature regarding the long standing
dedication of Ken Smith who retired from the Planning and Zoning
Commission in December. Mr. Smith was the Planning and Zoning
Chairman for 2 years.
APPOINTMENTS: Proposed 1995 Council assignments presented by Mayor
GUERBER:
Council President: Rick Yzaguirre
Council Liaisons:
Rick Yzaguirre: Senior Citizens,
Quest
Pathways Com~aittee Chair, Eagle
Stan Bastian: Library, School Board, Law Enforcement
Tom Eason: Parks and Recreation Coordinator, Transportation
Committee Chair, City Government Complex Coordinator
Morgan Masner: APA Representative,
Landscaping/Design Review Committee
Sewer District,
Moved by BASTIAN and seconded by MASNER to ratify the appointments
as recommended. ALL AYE: MOTION CARRIED.
MAYOR'S REPORT: The figures on the Community Fund Tracking was
presented to Council. The Mayor, F~asner and ~4ary Berent will be
part of the 2015 Plan Task Force.
COM~4ITTEE REPORTS were given on the Library. Transportation: ITD
requests a letter of support for the Eagle Rd. widening. They also
ask for legislative support for a transportation amendment to be
able to purchase the right of way ahead of time.
Sewer:
project.
Discussion: Hoff annexation, Seminary hook-up, and Baker
Senior: Jerome Mapp will present a grant proposal to Council.
ACRID: enhancement project was discussed: The Council prioritized
the projects. Stan McHutchinson will send the recommendations to
ACHD.
Attorney: An update was given on Wintry River and Brighton (Jan 24
summary judgement motion).
CLAIMS AGAINST THE CITY: Moved by EASON and seconded by YZAGUIRRE
to approve the claims as presented. ALL AYE: MOTION CARRIED.
There being no further business the meeting adjourned at 9:35 p.m.
Respect f~ su~mi
EAGLE CITY CLERK
APPROVED: ~ ',~2
MAYOR STEVE GUERBER