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Minutes - 1993 - City Council - 04/27/1993 - RegularEAGLE CITY COUNCIL MEETING April 27, 1993 Pre Councllt The Planning and Zoning repor~ was given by Mary Berent. BLAIR presented pA~y Ann Wilcox to tho Council. Ms. Wilcox is seeking tho position of E&gleRocreetion Director for the summer program. She a18o told the Council she would be ay&liable to initiate ay ear-round program. Her suggestion to Council was to hire a director to develop a year round program and to do that in a very cost effective way. She would be willing to set tho program up without any taxpayer revenue going into it. What ever is left over fro~ the program would be tho recreation director salary. This way thiswould not havetobebudgeted. She wouldbedonating her time until the rocro&tion program makes enough revenue to pay for itself. If she could not help in the summer she would be willing to establish a winter program. Tho recent vandalism at Friendship Park was discussed. A motion will be initiated in tho regular agenda to designate funds for a reward for information leading to the arrest and conviction of the perpetrators of broken locke and the tarring of the tennis courts. BLAIR will see that the signs are put up. The Civil Defense Siren was discussed. Doug Hartman, Civil Defense representative, would like to have the City donate the siren for service in Washington County. The Council indicated this was probably a good ho~efor tho siren that h&sbeen behind the Library, in the w~eds for so long. Tho City Clerk informed tho Council that tho CMAQ grant documents have boon su~itted toAPA. The two projects applied for ere sidewalks on the West side of Eagle P~. to Ranch Dr. ($128,905.)and the pathway along dry Creek between State St. and the Boise River. ($137,500) It needs to be noted that the City local match is $25,780 for the Ranch Dr. project and $27,500 for the Dry Creek project. The City Clerk approached A~HD for s~ assistance but wes told it was not possible. Mayor Guerber indicated he would moot with ACHD representatives and discuss it. Tho C~m~ltteo reports wore given on the library, sewer district and seniors. The Eagle City Council met in regular session on April 27, 1993. Mayor GUERBER presiding. The following members were present: STAN BASTIAN, KELLI BLAIR. RICK YZAGUIRRE, THOMAS EASON, Moved by YZAGUIRRE and seconded by BLAIR to approve the minutes of the April 13, 1993 meeting as presented. ALL AYE: MOTION CARRIED. Moved by BASTIAN and seconded by YZAGUIRRE to approve the minutes of the April 20, 1993 meeting as presented. ALL AYE: MOTION CARRIED. PUBLIC HEARING/Eagle Wing Development-Variance Mayor GUERBER announced that this was the time and place set for a public hearing on the variance application submitted to the City by Bill Korby on Eagle Wing Development. Applicant: Bill 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 7:50 p.m. Mr. Korby asked for the Council to consider the variance based on the "barrack" appearance of the development without the variance. The variance would allow the buildings to be staggered. This way there would be 11 extra parking spaces also. He asked for consideration on the trash area question also. He would like to have individual trash containers instead of a central container system as the conditions of approval mandate. The City Attorney was asked about the intent of "variances". Can an aesthetic look, rather than a military row appearance be considered a hardship? She advised the Council that the question is not if it is a hardship but does it create a hardship to the public interest. The hardship question would be on a tenuous basis. Moved by YZAGUIRRE and seconded by BASTIAN to approve the Variance application with the more aesthetically pleasing plan and add 11 parking spaces. The rear set backs would be 20 ft., and to authorize the Mayor to execute the Development Agreement presented tonight and to approve the 10 ft. variances on units 5,10,11,14 and 15 only. To allow individual garbage containers instead of a central unit. ALL AYE: MOTION CARRIED. PUBLIC HEARING/Ashland Acres - Rezone and Subdivision Preliminary Plat Mayor GUERBER announced that this was the time and place set for a public hearing on Ashland Acres. Applicant: Location: Proposal: Kathryn McCallum approximately 2700 ft N and 600 ft E of the intersection of Floating Feather Rd. and Edgewood Rd. rezone from R1 to R4 and preliminary plat for a 24 lot subdivision for single family unit subdivision, 5% of proposed lots 8 and 9, and 15% of lot 11 within 100 year floodplain. Average lot size 0.9 acres. Steve Bradbury, the representative's attorney presented the project to the Council. The plat has been modified to comply with Eagle P&Z concerns. The road has been moved back from the rim and there was a park area added to the development. Also an access point has been added and there are now 22 lots rather than 24. He indicated there are 3 options for water, to negotiate an agreement with Lexington and the City to extend the system to this project, to construct an on-site system or from a public utility. The sewer would be central sewer furnished by Eagle Sewer District. Public Testimony: opposed: Richard Meirs Norm Waugh in favor: Jerry Iverson Concerns of the public: The area should be an area of critical concern, questions to access to dry creek, loss of privacy and loss of land value. There is a safety factor for children in the area too, as the canal goes underground. Public hearing closed at 8:30 p.m. Moved by EASON and seconded by YZAGUIRRE to continue the hearing until May 11, 1993 and have the City Engineer look at the ridges and advise the Council what the erosion problem is and what the set backs should be. ALL AYE: MOTION CARRIED. PUBLIC HEARING/1993 Eagle Comprehensive Plan amendments Mayor GUERBER announced that this was the time and place set for a public hearing on the Comprehensive Plan. Public Testimony: Rich Butterfield Bill Selvage Jerry Iverson Roger C. Crandlemire Arlee Kawakami Bessie Marshall Colleen Maile Keith Cutter Floyd Calhoun Phil Whitner Rancy Candadeli Diane Anderson Chuck Mickelson Rich Phillips Ed Thomas John MacEnroe Mitch Caldwell Thomas Ricks Faith Peterson Eleanor Chase Bill Korby Bob Rown Barbara Tramell Additional written comments received at the Eagle Planning and Zoning Commission hearing were submitted to Council. Concerns of the public: The industrial portion of the map should be designated residential. Indication of support of the gross density concept rather than net. Some of the public wanted the lot size to designate zoning. High density was a concern, however, overall the Plan was endorsed by the majority of the public. The public hearing closed at 10:05 p.m. Moved by BLAIR and seconded by YZAGUIRRE to continue the until May 11, 1993 for decision.xALL AYE: MOTION CARRIED. The City Attorney was asked to provide the Council with definitions of gross, net and minimum lot size. PARKS AND RECREATION: BLAIR introduced the Boise proposal an~ recommended the Council consider the City hiring a recreation director for the summer. The Boise proposal limited the program to children and was designed to Boise standards not Eagle. The Council took the recommendation under advisement, suggested a recreation director be hired this summer but to keep in mind a winter program that may be initiated by Mary Ann Wilcox. Moved by BLAIR and seconded by EASON to authorize release of funds to secure an appropriate vehicle for Eagle Fun Days in the amount of $100. ALL AYE: MOTION CARRIED. PRIME EARTH PROPERITES: The results of the investigation of violations in Prime Earth was presented to Council. The Dept of Lands indicated there was no violation as did the Eagle Building Inspector. There was a question about access to the property. The City Clerk was asked to check into the access and report back to Council. DESIGN REVIEW-EAGLE BEVERAGE: Moved by EASON and seconded by BLAIR to approve the Design Review application submitted by Rick Yzaguirre for a sign with exterior lighting. ALL AYE~ MOTION CARRIED. DESIGN REVIEW-JUSTO'S GROCERY: Moved by EASON and seconded by BLAIR to approve the Design Review application submitted by Rick Yzaguirre for a sign with exterior lighting. ALL AYE~ MOTION CARRIED. ORDINANCE #218~ Second reading: The following Ordinance was read by title: An Ordinance changing the zoning classification of the real property described herein from the R-16 (Residential District) Classification to the R-21 (Residential District) Classification; amending the zoning map of the City of Eagle to reflect said change (First Service Group-Browning). RESOLUTION 2-93: Adopting the Section 504 Grievance Procedures for Idaho Community Block Grant Recipients. Moved by BASTIAN and seconded by BLAIR to adopt the resolution as presented. ALL AYE: MOTION CARRIED. RESOLUTION 3-93: A policy regarding non-discrimination on the basis of disability. Moved by BASTIAN and seconded by BLAIR to adopt the resolution as presented. ALL AYE~ MOTION CARRIED. Additional reports were given on Eagle Fun Days and the Flag Plaza ceremony planned for 10:00 a.m., that day. The Mayor informed the Council about the proposal of a plan for a new City Hall facility in a combination with the Sewer District and County licensing being available at the same location. Moved by EASON and seconded by BASTIAN to offer a reward of $250.00 for information leading to the arrest and conviction of those persons vandalizing the parks in Eagle. ALL AYE: MOTION CARRIED. The City Attorney report included the decision on Redwood Creek. The development will be remanded back to the Council for public hearing. Mona will check and see if the proposal needs to go to Eagle Planning and Zoning, or just to Council. Mona suggested to Council that the City Clerk should read the staff reports to the Council as a matter of record. The City Attorney asked about the McFadden letter. Bob Hildeman is to prepare a schedule for the upcoming bond election. The downtown redevelopment report was given by the City Engineer Stan McHutchinson. CLAIMS AGAINST THE CITY: Moved by EASON and seconded by BLAIR to approve the claims as presented. ALL AYE: MOTION CARRIED. There being no furth~ business the meeting adjourned at 11:05 p.m. R~pect~y ,4~Ubmltted. ~ ~ EAGLE CITY CL~,~ ; ' ~/