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Minutes - 1993 - City Council - 07/13/1993 - RegularKxa'r.w CT~ C~CI~. X~'rNG July 13~ 1993 pre Councils The City Clerk requested th~ budget workshop be scheduled.~eTht~ council agreed thatAugest 3, ~t 7~0~wouldbeagoodtt~eto The budget report will be sent pr~o to the mting. by Bamp~ representative~ The reoreation report and presentation They ar sun able to attend will b e given at pre-council on July 27. tonight. The light in OK Park was discus~ed.t caused so~e people problems Mona Mack, the City Attozn~y, addresse~.~heu.p??~g~_P~_~a~_wa~: ~,d ~l~tion wi~ the Co~ll. ~lon viii Water Co. ~d the e~sLon of ~ne IyB~ Ln and associat~costs of Issu~e. T~On OU= O~ ~no pro]oc= Cr~dl~ wll ~ich Is ~t a~priato to ii~o the ac~lsition of ~ ~11 with ~nuo ~ p~o. T~ p~sod to~ of tho debt Is 20 ~s, off~tl~ly it Is 15 ~ars with a Nest ~e ft~lai laY/Bet ~b Hlla~ nB ~n ~ne ~ _.. nm~ wlll~ .ent to all. 83~16~sid~nt.. ~.~e~g w~li ~ call~ to~ ~st 5 In o~o~ ~o ~p t~ ~l~G ~n~o~. Bert Bradley addressed the Cou~ll. Mr. Bradley asked for consideration of l~posinganimpact fee for the purpose of creating a city-wide park. The City Atto~ suggested since the park is for existing residents as wall as new c~rs to Eagle that an LID or Revenue Bend might be more appropriate. Planning and Zoning will discuss the possibilities. The Eagle City Council met in regular session on July 13, 1993. Mayor GUERBER presiding. STAN The following members were present: RICK YZAGUIRRE, BASTIAN, KELLI BLAIR. Absent: THOMAS EASON Moved by YZAGUIRRE and seconded by BLAIR to approve the minutes of the June 22, 1993 meeting as presented. ALL AYE: MOTION CARRIED. YZAGUIRRE addressed the audience concerning the OK Park light. The City Engineer will confer with Casper's Electric about toning down the brightness of the light by a shield or replace the light. The audience was assured the light will go back on. The light is important for the safety factor of the residents. PUBLIC HEARING/CREIGHTON HEIGHTS-Annexation, Zoning and Subdivision Preliminary Plat Mayor GUERBER announced that this was the time and place set for a public hearing on Creighton Heights annexation, zoning and preliminary plat. Applicant~ Mark & Carlene Canfield Location~ Approx. 1/2 Mile East of N. Meridian Rd. & 1/2 Mile North of Hwy. 20-26 Proposal~ Annexation, Zoning R1, Subdivision, 68.73 acres, 10 lots on 24.41 acres, (remaining 44.32 acres will remain in agricultural production), .41 lots per acre with an average lot size of 2.44 acres, individual wells and septic tanks, no ponds, parks or playgrounds are planned. ACHD has agreed to rural requirements, no curb, gutter or sidewalk. They would like to have a waiver on street lights or bonding of street lights for future use. There will be a 30 ft. strip of land adjacent to the eastern border of the property by ACHD request. There will be a 6 ft stripped bike pathway along the 30 ft. public road (one side). Public Testimony= Opposed: Dick Shehan Written testimony in opposition received from, Judith Erdman, Dana Erdman and petition from residents of Clearvue Estates and River Heights Subdivision. Concerns of the public~ objects to the density, should be 5 acre lots, there is no reason to annex. Public hearing closed at 8:00 p.m. Moved by YZAGUIRRE and seconded by BLAIR to approve the annexation, zoning of Ri and preliminary and final plat conditioned on the Standard Subdivision Conditions of Approval, submittal of a letter speaking to the river frontage to have a 25 ft pathway easement at the 6500 cfs mark, waiver the length of the cul de sac, no building along the rim, and funds deposited for the street lights with the City of Eagle, with a rural type of roadway with no curb, gutter or sidewalk, but is to have a 6 ft striped bike path on one side and a 30 ft public road. ALL AYE= MOTION CARRIED. The developer was asked to submit a letter to the City in support of School impact fees. Mr. Canfield agreed to submit the letter to the City. PUBLIC HEARING/BOSANKAVILLAGE - Rezone to Ri~, PUD/CUP Subdivision Preliminary Plat Mayor GUERBER announced that this was the time and place set for a public hearing on Bosanka Village, a rezone from R5 to R15 and preliminary plat for a PUD/CUP. Applicants Mark N. and Nick J. Guho Locations 385 W. State St. Eagle, 1500 ft W of Eagle Rd on State St. Proposals Rezone from R5 to R15, PUD/CUP preliminary plat for a four lot subdivision (apartment type complex) consisting of residential and commercial. Lot 1 is the commercial development and is 1.85 acres. 7.5 acres to be rezoned to R15. Lot 2s 1.47 acres, 22 units, 36 unit parking spaces and 8 visitor parking spaces. Lot 3s 2.21 acres, 34 units, 51 unit parking spaces, 11 visitor spaces. Lot 4s 3.7 acres, 56 units, 84 unit parking spaces and 19 visitor spaces. The street is in alignment with Cobblestone and is a public street. There will be curb, gutter and sidewalk. The signs will identify the buildings. Amenitiess 2 children play areas, tennis court, gazebos, arbors, club house and childrens bus stop and RV storage. Public Testimonys Opposed: Francis Transtrum, Erika Peterson, william Cohen, Bill Cullen, Carol Stiburek. Concerns of the publics protection of public traffic impact, no plan for the commercial. Written testimony in opposition Transtrum and Carol Stiburek. Richard Peterson rights, density, was received froms Francis Public hearing closed at 9s25 p.m. Moved by BASTIAN and seconded by YZAGUIRRE to continue the matter until the next Council meeting in order to speak to the traffic issues and impacts and other matters of public concern in a written form. The developer needs to speak to the berming, a transition in zoning in that area, a buffer for Harlan, perhaps one level on the Harlan side. ALL AYEs MOTION CARRIED. The Mayor announced he is going to reopen the public hearing in order to receive additional information and written public testimony for the next meeting. PUBLIC HEARING/KESTRAL COVE Mayor GUERBER announced that this was the time and place set for a public hearing on Kestral Cove Subdivision. Applicants Mon-Tayne, Inc. % Bill Narver Locations Proposal= S side of W State St, aprox 600 ft W of Eagle Rd. to rezone the front portion of the property, which is now C2, to extend the C2 to the W line of the residential lots 50 ft X 292 ft. Total depth from 200 ft to 280 ft. Create 49 single family dwelling lots and 1 commercial lot. This is considered an affordable housing subdivision. Public Testimony: Opposed, Mel Byrns Concerns of the public: protection of property values, density, traffic impact. Written testimony in opposition was received from~ Shari Sharp, Merle and Carol Stiburek, Rick and Sandy Smith. Public hearing closed at 10:45 p.m. Moved by BASTIAN and seconded by BLAIR to continue the matter until the next Council meeting for further discussion. ALL AYE: MOTION CARRIED. UNFINISHED BUSINESS= Findings of Fact and Conclusions of Law/Crandlemire rezone. Moved by YZAGUIRRE and seconded by BLAIR to approve the findings and conclusions as presented. ALL AYE~ MOTION CARRIED. Findings of Fact and Conclusions of Law/Redwood Creek Annexation, zoning to Ri and Preliminary Plat. Moved by BLAIR and seconded by YZAGUIRRE to approve the findings and conclusions as presented. ALL AYE: MOTION CARRIED. ROBERTS SQUARE: Cathy Roberts approached the Council regarding the parking lot agreement with Paul Johnson on behalf of Eagle Foodtown. Since Mr. Johnson is not the owner of the market there is a question about the agreement. Mrs. Roberts advised the Council she was not aware the owner of the market was not Paul Johnson. Mrs. Roberts believes the lease is effective for another 2 1/2 years. Mona addressed the issue by informing Mrs. Roberts and Council that if Mrs. Roberts wants to build the retail portion of the building, along with the office portion by way of a approval of a CUP, that the parking requirements would be effectively met for 2 1/2 years, but then she would be out of compliance. When the lease lapses she would be out of compliance, so build at your own risk. She needs to know if Jerry Johnson has the power to sublease for the 2 1/2 years. Mrs. Roberts needs to consult her own attorney. LEXINGTON HILLS #65 seconded by BASTIAN MOTION CARRIED. The Mayor suggested the issue be continued an.6ther 2 weeks in order to get some answers. She will get a copy of the lease agreement for the market and may consult an attorney. Mrs. Roberts is concerned about the current use of her property as a unauthorized parking lot and believes the lot is being abused. Findings of Fact and Conclusions of Law/Roberts Square: Moved by BASTIAN and seconded by YZAGUIRRE to continue the findings for two weeks. BIG SKY CABLEVISION5 Presentation were made by the representative of Big Sky and by Wayne Watson. The City Attorney pointed out differences in the TCI Franchise Ordinance with the City and the proposed Franchise Ordinance of Big Sky. The question of equability (universal service) came up. Mayor Guerber recommended that the City Attorney be in contact with Big Sky outlining what the concerns are, and ask TCI and Big Sky to respond to the issue of universal service to the City. The City Attorney will speak to the issue at the next meeting. Moved by YZAGUIRRE and seconded by BLAIR to continue the matter until the next Council meeting. ALL AYE5 MOTION CARRIED. The City Clerk was asked to contact AIC for additional information on franchises. VANDALISM PROCLAMATION~ Moved by YZAGUIRRE and seconded by BASTIAN to adopt the proclamation with a $250.00 reward. LEXINGTON HILLS #55 Appeal to Council. The discussion was on a change on the final plat from what was shown on the preliminary plat. The question was if the change was substantial. Moved by BASTIAN and seconded by YZAGUIRRE to accept the change as a minor change to the preliminary plat and to place the final plat on the next Council agenda. ALL AYE~ MOTION CARRIED. Final Plat approval. Moved by YZAGUIRRE and to approve the plat as presented. ALL AYE~ WARRANTY DEEDS, LEXINGTON HILLS #2 AND #35 Moved by BASTIAN and seconded by YZAGUIRRE to accept the deeds as presented and authorize the Mayor to execute them. ALL AYE~ MOTION CARRIED. ORDINANCES-RESOLUTIONS5 Moved by YZAGUIRRE and seconded by BASTIAN to dispense with the three day ruling and to consider Ordinance 220 at this time. ALL AYE: MOTION CARRIED. Moved by YZAGUIRRE and seconded by BASTIAN to adopt Ordinance 220 Title~ An Ordinance providing for the acquisition and purchase of a domestic water system and for the construction and installation of water system improvements for the City of Eagle, of Ada County, Idaho; calling a special election for the submission to the qualified electors of the city the question of the issuance of revenue bonds in an amount not to exceed $2,000,000 to pay the cost thereof; establishing the date, time and place of said election; providing for public notice of said election, and providing other matters relating thereto. ALL AYE* MOTION CARRIED. Moved by BASTIAN and seconded by BLAIR to dispense with the three day ruling and to consider Ordinance 224 at this time. ALL AYE* MOTION CARRIED. Moved by YZAGUIRRE and seconded by BASTIAN to adopt Ordinance 224 Title, An Ordinance changing the zoning classification of the real property described herein from the AR (AGRICULTURAL-RESIDENTIAL DISTRICT) classification to the R1 (RESIDENTIAL DISTRICT) classification; amending the zoning map of the City of Eagle to reflect said change. (Crandlemire) ALL AYE* MOTION CARRIED. CLAIMS AGAINST THE CITY, Moved by BASTIAN and seconded by BLAIR to approve the claims as presented. ALL AYE, MOTION CARRIED. There being no furt. he~..business the meeting adjourned at 11:15 p.m. B~6~BARA MONT~ME~Y ~ \ ; EAGL~-,.CITY CLSRK ~- ~"