Minutes - 1993 - City Council - 06/08/1993 - RegularEAGLE CITY COUNCIL MEETING
June 8, 1993
Pre Councils Mary Berent reported on the Planning and Zoning
meeting of June 7.
Mary Ann wilcox
Recreation Dept.
the fall.
reported to Council on the activities of the
She suggested a community education program in
Lt. Dale Woodcook, Ada County Sheriff's Office reported on law
enforcement activities in Eagle. Lt. woodcook informed the Council
that the inmate teams are available for community service. They
will be available for cleanup as well as painting, etc. The
Sheriff's contract with the City was briefly discussed. Mona will
check on this matter further.
Reports were given by the Council on parks and Eagle Fun Days.
The City Attorney reported on the development agreement question.
It is acceptable to require a Development Agreement in connection
with a rezone, if the city has adopted a Development Agreement
Ordinance.
The Eagle City Council met in regular session on June 8, 1993.
Mayor GUERBER presiding.
The following members were presents RICK YZAGUIRRE, THOMAS EASON,
KELLI BLAIR. Absents STAN BASTIAN
Moved by YZAGUIRRE and seconded by BLAIR to approve the minutes of
the May 25, 1993 meeting as presented. ALL AYEs MOTION CARRIED.
PUBLIC HEARING/IRISH
Mayor GUERBER announced that this was the time and place set for a
public hearing on the Irish Day Care Center, an application for a
Conditional Use Permit.
Applicant:
Locations
Proposal=
Brett & Larry Irish
1750 E. State St., Eagle
Day Care Center
Jerri and Doris Irish presented the project to the Council. They
indicated the center would be a learning center not Just a day
care. They will incorporate field trips and the center will be
equipped with a TV room, library, TV monitors, and kitchen. There
would be a cook on staff after the center is established. The
playground will be equipped with playground equipment and a
tricycle track. The play area will be fenced off with a 8 ft
fence. The parking area will include a turn-around for 2 cars at
a time. There will be 16 parking spaces. There will be a fire
hydrant on the property. The number of teachers required will
depend on the number of children enrolled', the numbers are 1
teacher per 5 children for infants, toddlers 1 per 6, 2-3 year old
children, 1 per 10, ages on up 1 per 15.
Public Testimony: no opposing testimony received.
Public hearing closed at 7~55 p.m.
Moved by YZAGUIRRE and seconded by BLAIR to approve with the
conditions of approval presented tonight. ALL AYEs MOTION
CARRIED.
PUBLIC HEARING/Roberts Square
Mayor GUERBER announced that this was the time and place set for a
public hearing on Roberts Square a Conditional Use Permit for a
office and retail complex.
Applicant:
Location:
Proposal:
Cathy Roberts
SW corner of State St and Second St., Eagle
a office and retail commercial complex
Duane Johns, representative for the project outlined it for the
Commission. The parking lot will be paved and equipped with a fire
hydrant and street lights. There is an agreement with the Eagle
Foodtown for additional parking spaces in the store lot.
The design review portion has been approved by Council, along with
the recommendations of the Park/Tree Committee with the exception
of the sign, which will need Design Review approval.
Public Testimony: No opposing testimony received.
Public hearing closed at 8:10 p.m.
Moved by YZAGUIRRE and seconded by BLAIR to approve the Roberts
Square subject to the conditions of approval and the execution of
the parking agreement between Eagle Foodtown and Roberts Square for
extra parking dedicated to Roberts Square by the grocery store.
ALL AYE: MOTION CARRIED.
Public Hearing/Melvins Eagle Point #7
Mayor GUERBER announced that this was the time and place set for a
public hearing on Melvins Eagle Point #7, annexation, zoning, and
subdivision preliminary plat.
Applicant: MAX BOESIGER, INC., Richard Boesiger
Locations ANNEXATIONs South of Floating Feather,
Farmers Union canal and West of Lost Lane
NE side
Locations SUBDIVISION: E of Edgewood, South of Floating Feather,
adjacent to Melvins Eagle Point #6, West of Lost Lane.
Proposal~ R4 (RESIDENTIAL), SUBDIVISION PHASE 7, total of 71.90
acres into 186 single family lots. Gross density of 2.59 units per
acre. Lots are typically 80 to 90 ft wide and 105 to 110 ft deep.
There are 7 common areas (5 acres).
Don Hubble, Project Engineer for Hubble Engineering, presented the
project to the Council. He presented a traffic study, required by
ACHD and indicated that the road to the SE would be a cul de sac
instead of a through road.
Richard Boesiger was asked to speak on the subject to transfer
fees. Mr. Boesiger said he was in favor of transfer fees and
thought most of the development community was also. He was asked
if he would support the fee for this particular subdivision, if the
transfer fee became a reality, even though for this project it was
after the fact. He answered he would be willing to initiate that
fee for this subdivision at that time.
TESTIMONY~
In favor Opposed
Helen Pardew
Bill Pardew
Dwayne Glubay
Brent Combe
Colleen Maile
Roger Warren
Dana Hofsteder
Concerns of the public~ Not enough open space, parks, no safety
features along the canal, elimination of agricultural land,
overcrowded schools, the need for transfer fees, and objections to
fencing of the perimeter of the development.
Moved by EASON and seconded by YZAGUIRRE to approve the annexation,
zoning to R4 and subdivision preliminary plat subject to the
standard Conditions of Subdivision approval and to remain flexible
to the entrance road to Lost Lane in future development phases.
ALL AYE~ MOTION CARRIED.
Public Hearing/Redwood Creek Subdivision, annexation, zoning and
subdivision preliminary plat.
Mayor GUERBER announced that this was the time and place set for a
public hearing on Redwood Creek Subdivision, annexation, zoning
(R1), and subdivision preliminary plat.
Applicant:
Location:
Proposal:
1.
2.
3.
Gary Madenford
NW corner of State & Ballantyne
140 acres total to be zoned Ri,
80 acres subdivided, 60 acres remain in agricultural use
Subdivision will include:
a. 65 single family dwelling lots, Gross density 1.23
units per acre.
b. 2 well lots
c. 3 landscaping lots
phase 1-20 acres (State St)
phase 2-60 acres ANNEXATIONz
NE side Farmers Union canal
South of Floating Feather,
and West of Lost Lane
JoAnne Butler, attorney for Redwood Creek outlined the proposal to
the Council and concluded her testimony with findings she presented
to Council. (attached)
It was noted that although the proposal is for 140 acres to be
zoned R1, that 80 acres are needed for the subdivision and 60 will
remain in agricultural use.
Public Testimonyz
Opposed: In favors
Patrick Miller
Jane Fulkerson
Matt Siron
Tom Ricks
Mike Plunket
Written testimony opposing the project was received by Elbert E.
Gass. He believes there is a difference in the plat submitted and
advertised and that plat being considered tonight. Further, he
opposes the Ri zoning as the plat does not disclose that the
drainage ditch maintained and operated by Drainage District #2 has
an easement of 100 ft across the northerly portion of the project,
also the development violates the Local Planning Act of 1975.
Concerns of the public~ Those opposing this development were
concerned about the density of the project. If a R1 is allowed now
later developments between Redwood Creek and the city will likely
become R1 too. There were drainage district concerns, the
atmosphere of the area and compatibility with the surrounding land
use (5 acre parcels) would be effected.
Those in favor of the project object to 5 and 10 acre lots. They
would like to see smaller lots in the area.
The public hearing closed at 9530 p.m.
After Council discussion YZAGUIRRE stated he would like to make a
motion, based on the findings submitted here tonight by JoAnne
Butler, attorney for Redwood Creek Subdivision. Moved by YZAGUIRRE
and seconded by BLAIR to approve the Redwood Creek annexation,
zoning to R1 for the 80 acre subdivision, AR for the remaining 60
in agricultural use, and preliminary plat as presented. In regards
to the annexation= this property is contiguous with municipal
boundaries, complies with ECC 1-10-2 and is appropriate, in regards
to the zoning= because of the proximity to highway 44 and the
proposed realignment, also, because it is the main east, west
roadway in and out of Eagle, it makes sense to zone it R1. It
follows the orderly development of the city and protects the
health, safety and welfare discussed in the new comprehensive plan.
The development will increase the value of p~operties in the area
because of the fact there will be central sewer and water brought
to the area because of this project. Other amentities, pathways,
berming and landscaping will also increase the value of property in
the area. The preliminary plat: is in compliance with the ECC 9-
3-1 through 9-3-8, the Design Standards and 9-4-1 and 9-4-2 the
required improvements and 9-5-4 controls during the development.
Based on those facts I move to approve this application, subject to
the Standard Conditions of Approval of the City and conditioned on
compliance of drainage district requirements which need to be
addressed by the developer. ALL AYE: MOTION CARRIED.
UNFINISHED BUSINESS:
Findings of Facts and Conclusions of Law on the 1993 Eagle
Comprehensive Plan. Moved by BLAIR and seconded by EASON to
continue the findings until the next regularly scheduled City
Council meeting. ALL AYE~ MOTION CARRIED.
CRANDLEMIRE REZONE (continued)
Ed Thomas, representative for the Crandlemire proposal, made the
following proposal to Council: "that the original request for
zoning of R3 on the property be granted as an R1, with an
additional stipulation that we enter into a development agreement
as part of that zoning which will also require first, a PUD
proposed be presented to the city for its approval at the time the
plans are finalized by the land owner for development of this
property; that a 5% allowance be made on the PUD in recognition of
the landowners utilization of the common areas and pathways to the
school site; that a 15% allowance be made in recognition of the
landowners response to a request by the Meridian School District to
sell 35 acre parcel from the original 130 acres for a site for a
middle school and in doing so the residential lots to be developed
total no more than 114; that no connection take place to Washum
Rd, but that a common area be included in the PUD which might allow
future connection to that road should it be deemed necessary by
ACHD and that the PUD include appropriate transition to the south
which speaks to the density in Dow~ing Downs subdivision and to the
north which speaks to the density of property on Rush Road through
the use of berms, landscaping and where possible larger lot sizes.
We believe these changes would allow a density, 1.3, of that
originally proposed; and would set down guidelines for the
preparation of a PUD that deals with many of the concerns expressed
by the public. It would allow the Crandlemires to continue to seek
a developer who would fulfill the unique requirements of this
property's geography and location.
Discussion by the Council included a proposal from YZAGUIRRE to
rezone 80 acres of this property, with 2 acre lots to the north and
north-west and to execute a development agreement.
The City Attorney advised the Council that a development agreement
can be entered into by the city and applican%, but it does contain
commitment. A specific development is not needed at this time.
Moved by EASON and seconded by BLAIR to rezone the 95 acres to Ri
with a development agreement, to eliminate Washam Road and make
larger parcels to the south and north and to look at a development
in the future by the future developer, not to restrict Eagle
Planning and Zoning to a concept, which is really not a plan. AYEs
EASON, BLAIR. NAYs YZAGUIRRE.
The City attorney quoted ECC 8-7-5.B which states that is necessary
to have a vote of one-half (1/2) plus one of the members. THE
MOTION DIES.
The applicant can come back with a significantly different proposal
than this application and submit that, but the request as stands it
cannot be brought back for a period of one year.
RESOLUTION 4-93 THE 1993 EAGLE COMPREHENSIVE PLANs Moved by BLAIR
and seconded by EASON to continue to the next regularly scheduled
Council meeting. ALL AYEs MOTION CARRIED.
BOND ELECTION ORDINANCEs The upcoming bond election was discussed.
Moved by EASON and seconded by BLAIR to set August 17, 1993 as the
bond election date. ALL AYEs MOTION CARRIED.
It will be necessary to arrange to meet with the financial advisor,
Bob Hildeman. It was established there should be a conference call
between Mayor Guerber, Yzaguirre, Bob Hildeman and Mona Mack.
APPOINTMENTSs Mayor GUERBER presented the appointment of Roger
Warren to the Air Quality Board for Council consideration. Moved
by YZAGUIRRE and seconded by BLAIR that approval be given to the
appointment. ALL AYE: MOTION CARRIED.
COMMITTEE REPORTS:
PLANNING AND ZONING - PUBLIC HEARING POLICYs BLAIR asked for
consideration for passage of a policy on the procedures of a public
hearing. Moved by EASON and seconded by YZAGUIRRE to request a 4
minute time limit, but not to require it, also to allow a rebuttal
by all parties, but can be restricted to one party representing
opposition, it should be noted that a rebuttal statement is only to
address what has been stated, a response, not to give additional
testimony. ALL AYEs MOTION CARRIED.
CLAIMS AGAINST THE CITY: Moved by YZAGUIRRE and seconded by EASON
to approve the claims as presented. ALL AYE: MOTION CARRIED.
William Hines, attorney for the Crandlemire's asked to approach the
Council. Mr. Hines responded to the motion made on the Crandlemire
rezone application and asked if the Mayor has the power to vote
when there is not a majority plus one to vote or should the
Crandlemire matter been postponed until there is a full Council
present in order to comply with the code.
Mona Mack, City Attorney, advised that the Mayor votes only upon a
tie. We have 1/2 plus one present but had e dissenting vote. In
order to resurrect the vote the dissenting member can move to
reconsider tabling the matter until a full member Council is
present.
Moved by YZAGUIRRE to reconsider the previous motion on the
Crandlemire rezone application. ALL AYE: MOTION CARRIED.
Moved by EASON and seconded by BLAIR to withdraw the motion on the
Crandlemire rezone and table the matter until a full member Council
is present. ALL AYE~ MOTION CARRIED.
There being no further business the meeting adjourned at 11,00 p.m.