Minutes - 1992 - City Council - 10/27/1992 - RegularEAGLE CITY COUNCIL MEETING
October 27, 1992
Pre Council: A report was given by Stan McHutchinson on the
downtown redevelopment schedule and problems with the easement with
Circle K. The City Attorney needs to talk to the Circle K
representative regarding a friendly condemnation, for easement
purposes only. The Crandlemire bills were discussed, upcoming
legislative dinners and Chevron Pipeline meeting of Nov 4, 7:30
p.m. at the Eagle Fire Dist were also discussed.
The Eagle City Council met in regular session on October 27, 1992.
Mayor GUERBER presiding.
The following members were present:
STAN BASTIAN, KELLI BLAIR.
RICK YZAGUIRRE, THOMAS EASON,
Moved by YZAGUIRRE and seconded by EASON to approve the minutes of
the September 22, 1992 meeting as presented. ALL AYE: MOTION
CARRIED.
Moved by BASTIAN and
the October 6, 1992
CARRIED.
seconded by EASON to approve the minutes of
meeting as presented. ALL AYE: MOTION
Moved by EASON and seconded by YZAGUIRRE to approve the minutes of
the October 13, 1992 meeting as presented. ALL AYE: MOTION
CARRIED.
Moved by BLAIR and seconded by BASTIAN to approve the minutes of
the October 19, 1992 meeting as presented. ALL AYE: MOTION
CARRIED.
UNFINISHED BUSINESS:
Water Test Vouchers: It was the general consensus of the Council
to instruct the City Clerk to send a letter to Roger Crandlemire
notifying him without Council consent the City declines paying the
voucher for water testing of his well.
1992 EAGLE COMPREHENSIVE PLAN AMENDMENTS: Moved by BASTIAN and
seconded by YZAGUIRRE to close the public hearing portion of the
amendments. ALL AYE: MOTION CARRIED. Moved by YZAGUIRRE and
seconded by BLAIR to establish a town meeting/workshop, Thursday,
October 29, 1992 at which time the public can give input in a town
meeting setting. ALL AYE: MOTION CARRIED.
SUBDIVISION CONDITIONS OF APPROVAL: Moved by EASON and seconded by
YZAGUIRRE to approve the additions to the conditions as presented
by the City Attorney, Mona Mack. ALL AYE: MOTION CARRIED.
WATER STATEMENT: Moved by BASTIAN and seconded by EASON to direct
the City Clerk to make the statement available to developers and
the public in general. ALL AYEs MOTION CARRIED.
BIDS: The bids on lights in OK Park have not been received in City
Hall. Moved by BLAIR and seconded by EASON to continue this
discussion until the November 10 Council meeting. ALL AYE: MOTION
CARRIED.
LEXINGTON HILLS SUBDIVISION, PHASE 3, FINAL PLAT APPROVAL: A
presentation was made by owner/developer, Bryce Peterson asking for
approval of phase 3 in order to record the plat. Moved by
YZAGUIRRE and seconded by EASON to approve the plat as presented
including the set backs as listed on the plat. (4 lots "D" areas)
NEW BUSINESS:
TRIPLE RIDGE ESTATES: Final plat approval of a subdivision in the
impact area. Becky Bowcott, Briggs Eng. planner presented the plat
to the Council. Ms. Bowcott indicated that the condition of
approval of Council, graveling the emergency access, would be done.
Moved by BASTIAN and seconded by BLAIR to approve the plat with
conditions presented tonight. ALL AYE: MOTION CARRIED.
PUBLIC HEARING/Kings Dept. Store-CUP
Mayor GUERBER announced that this was the time and place set for a
public hearing on Kings Dept. Store, a Mini Shopping Center,
conditional use permit and design review application.
Applicant:
Location:
Proposal:
Tom and M.L. King
NW of the eagle Post Office, W State St.,
rd.
Retail stores in a C2 district
N side of
Public Testimony: Douglas Tobin and Kim Dawson, Eagle Glen
Townhouse residents did not oppose the project, but questioned the
increase traffic and property values. They requested fencing
between the project and the townhouses and lights designed for
evening use without glare. They stressed maintenance of the King
property and asked for 2 entrances on State Street, rather than on
Eagle Glen Ln.
Public hearing closed at 8:05 p.m.
Discussion by Council included the desire for more trees in the
parking lot area and a desire to tone-down the yellow in the name
"Kings" in the sign. There was concern that the criteria of ECC 8-
2A, the Design Review Code be met, especially with an internally
lit sign and metal roof proposal.
Moved by BASTIAN and seconded by YZAGUIRRE to approve the
Conditional Use Permit for the Kings project with the following
conditions.
1. The conditions presented on the staff report, with the exception
of the development agreement, which will be omitted
2. The conditions placed on the project as recon%mended by the Eagle
Planning and Zoning Commission, with the exception of the
Development Agreement, which include:
a. a written agreement regarding the easement on Eagle Glen
Rd;
b. that Eagle Glen Rd. be brought up to ACHD standards with
curb, gutter and sidewalk;
c. approval of water from DEQ.
3. an agreement on access on Eagle Glen Rd.
4. 2 entrances/exits on State St. and up to 3 on Eagle Glen Ln.,
one entrance will be temporarily blocked
5. Compliance with ECC 8-2A, Design Review Codes
ALL AYE: MOTION CARRIED.
With Council consent, the City Attorney will assist the City Clerk
in preparing a final document incorporating all the conditions and
return it to the Council as findings of facts and conclusions of
law associated with the Conditional Use Permit.
PUBLIC HEARING/Great Sky Estates
Mayor GUERBER announced that this was the time and place set for a
public hearing on Great Sky Estates, a rezone and preliminary
subdivision plat.
Applicant:Trevor Roberts
Location:
Proposal:
dba Shannon's Fine Food & Spirits,a
California Corporation
E State St, N side (property E of Randall Acres)
rezone from C2 to R4 for a 246 lot single family
residential subdivision w/manufactured homes on permanent
concrete foundations, on 67.59 acres, density 3.91 units
per acre, 18 common lots.
Representative for the project, Gary Lee of JUB Engineering,
explained the proposal to the Council.
Public Testimony:
Opposed:
In Favor:
Roger Carrington
Dick Critser,
Idaho State Transportation Dept.
Judy Paine,
Ada County Housing
Authority Director
Concerns of the Public: the density, entrances and exits, ITD's
designs for the 55 alternative. The plat is likely to change
substantially.
Public hearing closed at 9:00 p.m.
Moved by EASON and seconded by BASTIAN to deny the project because
of the defect in access points on State St. This plat when
redesigned will need to go back through the public hearing process
at the Eagle Planning and Zoning level. ALL AYE: MOTION CARRIED.
Moved by EASON and seconded by BLAIR to authorize the Mayor to
begin a City sponsored grant by initiating a letter to the Dept. of
Commerce in an effort toward a pre application for a Community
Block Grant for affordable housing through the Ada County Housing
Authority in the event the developers of this project can bring
back a viable subdivision acceptable to the City. ALL AYE: MOTION
CARRIED.
DICK CRITSER, ITD representative reviewed the State of Idaho
Transportation realignment of Highway 55 with the Council. Mr.
Critser advised the Council they would be using the State Gravel
Pit again one more time. They will get in and out, he stated, then
will compact it all and it can be developed. He agreed to contact
City Hall prior to the gravel extraction.
PUBLIC HEARING/Eagle Wing Development-rezone
Mayor GUERBER announced that this was the time and place set for a
public hearing on Eagle Wing Development, a rezone from R5 to R16
Applicant: William J. Korby
Location: W HIGHWAY 44-SE 1/4 of S8,T4N,R1E
Proposal: 15 4 plexes on 4 acres, density 3.75 lots per acre (15
dwelling units per acre). Multi-family units-4 Plex-60 units, 30 2
bdrm & 30 1 bdrm, 60 covered parking and 60 uncovered parking
Public Testimony: None
Public hearing closed at 10:05 p.m.
Discussion took place between the Council, Attorney, City Clerk and
developer regarding the possibility of this project being, in fact,
a subdivision, a PUD. The developer advised the Council that his
intent is to sell the units to individual owners. In the event he
wants to create lots there is a requirement for a subdivision to be
platted and the street and set back issues resolved. As proposed
this will not meet the subdivision requirements.
Moved by EASON and seconded by BASTIAN to continue this proposal
until the November 10, 1992 Council meeting in order to study the
situation and in order to give the developer time to approach City
Hall regarding some of the issues addressed tonight. ALL AYE:
MOTION CARRIED.
APPOINTMENTS: Mayor GUERBER presented the appointment of members
of the 504/ADA Committee: Linda Kioukis, Jerome Mapp, J. Kent
Miller, and Stephanie Seamons to the Council for consideration.
Moved by YZAGUIRRE and seconded by BLAIR to approve the
appointments as presented. ALL AYE: MOTION CARRIED.
APPOINTMENTS: Mayor GUERBER presented the appointment of the Mary
Berent to Eagle Planning and Zoning Commission to complete the term
of Logan Bennett for Council consideration. Moved by EASON and
seconded by YZAGUIRRE to approve the appointment as presented. ALL
AYE: MOTION CARRIED.
CONTRACTS: Law Enforcement Contract with the Ada County Sheriff's
Office. Mona Mack, City Attorney, Jim Dickinson, Ada county
Prosecutor, Mayor Guerber, and the Ada County Sheriff need to meet
in order to come to an agreement for contractual services. Moved
by BASTIAN and seconded by EASON to authorize Mayor Guerber to act
on the City's behalf in contract negotiations and present the
information to Council. ALL AYE: MOTION CARRIED.
ORDINANCES-RESOLUTIONS:
Resolution 15-92 - Policy Regarding Non-Discrimination on the Basis
of Disability. Moved by EASON and seconded by BLAIR to adopt the
Resolution as presented. ALL AYE: MOTION CARRIED.
Moved by EASON and seconded by BASTIAN to dispense with the three
day ruling and to consider Ordinance 211 at this time. ALL AYE:
MOTION CARRIED.
Moved by EASON and seconded by BLAIR to adopt Ordinance 211, an
Ordinance prohibiting malicious injury to public property. ALL
AYE: MOTION CARRIED.
Moved by YZAGUIRRE and seconded by EASON to dispense with the three
day ruling and to consider Ordinance 212 at this time. ALL AYE:
MOTION CARRIED.
Moved by YZAGUIRRE and seconded by EASON to adopt Ordinance 212, an
Ordinance prohibiting the operation of skateboards, roller skates
or in-line skates of any kind. ALL AYE: MOTION CARRIED.
Ordinance #213, an ordinance regarding lot splits will go through
the public hearing process as amendments to title 8 and 9.
MAYOR'S REPORT: The Mayor reminded the Council of the Chamber of
Commerce Meeting. The Council President Yzaguirre a~d Mayor will
give presentations at the upcoming Chamber of Commerce meeting.
ATTORNEY'S REPORT: Mona will be responding to the Mendiola matter
on October 29. Based on an incomplete recording in the Redwood
Creek Estates public hearing the Council may find it necessary to
go through the process again. The Court may overturn any decision
made.
SEWER: The district reviewed Hi Valley RV Park and reduced the
fees to 70% of regular hook up fees.
LIBRARY: The Library Board will transfer the checking account to
Eagle within the month. They are working with the Ada County Free
Library Dist.
PATHWAY: The Committee has been working with Ron Leslie on the
paths through Edgewood Subdivision.
DOWNTOWN REDEVELOPMENT: The Circle K Easement was discussed.
CLAIMS AGAINST THE CITY: Moved by EASON and seconded by YZAGUIRRE
te-~pprove .~ claims as presented. ALL AYE: MOTION CARRIED.
There business the meeting adjourned at 11:15 p.m.
Res~'e~ f~l~t,y ~sub~ed:
EA~LE Ct~,~f' V
APPR : ~,~ ~
~YO~' sTYE GUERBER