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Minutes - 1993 - City Council - 05/11/1993 - RegularEAGLE CITY COUNCIL MEETING May 11, 1993 Pre Council: Mary Berent reported on the P&Z meeting of May 3, 1993. Mary Ann Wilcox presented the proposal for recreation for the summer of 1993. She presented 4 options to the Council. After discussion option #3 appeared to be the best for this season. She will begin working for the City as the summer recreation director this season. Reports were given by Council on the Sewer District meeting, Eagle Recreation Facilities Task Force meeting, Seniors, P&Z and the Parks Con%mittee. The Eagle City Council met in regular session on May 11, 1993. Mayor GUERBER presiding. The following members were present: RICK YZAGUIRRE, THOMAS EASON, STA/q BASTIAN, KELLI BLAIR. Moved by BLAIR and seconded by BASTIAN to approve the minutes of the April 27, 1993 meeting with an amendment that the motion regarding the Eagle Comprehensive Plan should include "written presentation will be accepted until 5:00 p.m., May 11, 1993. ALL AYE: MOTION CARRIED. PUBLIC HEARING/CRANDLEMIRE-REZONE TO R3 Mayor GUERBER announced that this was the time and place set for a public hearing on the Crandlemire rezone from A-R to R3. Applicant: ADDRESS: Location: Roger C. Crandlemire-Quail Ridge Farm 1400 Floating Feather Rd.,Eagle, Idaho N side of Floating Feather Rd., between Eagle Rd. Proposal: and Ballantyne. Rezone A-R to R3, 95.18 acres. Rezone for future site of a subdivision. This application does not include the school site. Presentation made by Ed Thomas for the rezone and an outline of a conceptual plan for a future subdivision which would include a school site. Public Testimony: Opposed: Dennis Peer Russ Buschert Lois Chattin Patrick Moore Jan Castaneda Opposed: Delmar D. Vail Josie Inskeep Colleen Maile Patricia Brubaker Bill Korby Diane Schuckaway Arlie Kalokami Alex Hocksteader, Jane Fulkerson Dana Hofsteader Jr. Phil Whitener Teresa Shakelf0rd Faith Young Peterson In Favor: Kathie Nahas Jerry Iverson Carol Hoff Mike Bowen Floyd Calhoun Concerns of the public: proposed Comprehensive increase school needs, not orderly growth, is in conflict with ECC 8-7-5.A, and State Code 67-6511. Is not in compliance with the present or Plan, R3 to dense for the area, will diminishes the life style in the area, is Public hearing closed at 9:00 p.m. City Attorney, Mona Mack asked for Council consideration to give time to study which comprehensive plan should be applicable, since the 1993 plan is pending approval. She also questioned the validity in the application citing ECC 8-7-8.H, Resubmission of Application, since this came before Council in August, 1992. Moved by BLAIR and seconded by YZAGUIRRE to continue the matter until the City has a legal opinion as to which Comprehensive Plan to consider and other matters. To reschedule this issue until May 25, 1993. ALL AYE: MOTION CARRIED. UNFINISHED BUSINESS: Findings of Fact and Conclusions of Law/EAGLE WING - Variance. Moved by YZAGUIRRE and seconded by BLAIR to approve the findings and conclusions as presented. ALL AYE: MOTION CARRIED. ASHLAND ACRES (Continued from April 27, 1993) Stan McHutchinson, City Engineer, outlined his letter of May 5, 1993 to the Council in which he inspected the site. The majority of the site has ground slopes of less than 1% to over 10% closer to the Farmers Union Canal. There is room to construct homes on these lots, but recommends that no construction, including landscaping, occur on the north and west of the top slope without prior approval. No runoff should be allowed to drain towards the Canal. He concluded that it may be better control to require additional setbacks to the ridged area. Discussion included considering less lots in the subdivision, or more restrictive setbacks and only single story houses. The Engineer for the developer advised the Council that they would accept more restrictive setback requirements, and single story homes. Moved by EASON and seconded by BASTIAN to require minimum setbacks for those lots by the rim to be a minimum of 30 ft and to require lots 8, 9, 10, and 11 to be single story homes only and City of Eagle Standard Conditions for subdivision approval. There will be no pathway on the rim. ALL AYE: MOTION CARRIED. ECC 9-5-3, Hillside Subdivisions is applicable and the City can impose greater requirements. 1993 Eagle Comprehensive Plan (Continued from April 27, 1993) A presentation about the proposed Comprehensive Plan was given by MAYOR STEVE GUERBER, and a proposal for amendments to the Plan and the Land Use Designation Map was presented to Council. (attached) Moved by BASTIAN and seconded by YZAGUIRRE to approve the proposed changes, presented tonight, for the Plan and the Map. ALL AYE: MOTION CARRIED. MUNICIPAL BOND ELECTION: Discussion took place regarding the appraisal for Eagle Water Co. in order to set an election date. At this time there is no basis for an appraisal as a report from Bob DeShazo which was to be received by PUC in April has not been received by PUC. We need to wait until we can adjust figures based on that report. The appraisal needs to include an income stream report and replacement cost to build new all existing systems, less depreciation. Some improvements have not been contributed by DeShazo. $700,000 to $900,000 is preliminarily a conservative figure without the latest report. Mona will speak to the appraiser and see what comfort level he has without the report. It is understood that the Council's desire is to set a date for the bond election. Not filing the report is a violation of the law and the City cannot continue to wait to set a value on the Company. If there is any way to get assurances from the appraiser she will try, but he may not release the information. Moved by EASON and seconded by BLAIR to continue this item until May 25, 1993. TRASH LICENSE RENEWAL: Moved by BLAIR and seconded by YZAGUIRRE to approve the BFI Trash License and Boise-Ada Trash License as presented. ALL AYE: MOTION CARRIED. ORDINANCES-RESOLUTIONS: Moved by BASTIAN and seconded by YZAGUIRRE to adopt Ordinance 218, a rezone ordinance for the First Service Group-Browning with an amendment conditioned on the development agreement being executed. ALL AYE: MOTION CARRIED. ANIMAL CONTROL CONTRACT: After discussion on the proposal from the Idaho Humane Society, Inc., the Council that negotiations for animal control in Eagle should begin. A motion was made by EASON and seconded by BLAIR to order the City Clerk to outline a proposal to be forwarded to the Idaho Humane Society as guidelines and bring it back for Council review. ALL AYE: MOTION CARRIED. Attorney report: Mona reported on the remanding of Redwood Creek back to Council. She will get the court documents to the City. She discussed the "pending" Comprehensive Plan in relationship to the events of tonight and discussion took place regarding a proposed code dealing with roads being built prior to the building process beginning. Mona will review this issue and bring it back for Council consideration. Stan McHutchinson discussed the moving of the Eagle Statue to the new Flag Plaza for the June 12 events. He also reviewed a proposal to amend the conditions of subdivision approval for the location of fire hydrants. He will talk to Dan Friend about it. CLAIMS AGAINST THE CITY.. Moved by BLAIR and seconded by EASON to approve the claims as presented. ALL AYE: MOTION CARRIED. There being no further business the meeting adjourned at 11.'30 p.m. EAGLE CITY CLERK ~O~EV~Ug~BE~