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Minutes - 1993 - City Council - 07/27/1993 - RegularEAGLE CITY COUNCIL MEETING July 27, 1993 Pre Council: Mary Berent reported on the Planning & Zoning meeting of July 19, 1993. Representatives from Nampa were not present for recreation report. The Eagle City Council met in regular session on July 27, 1993. Mayor GUERBER presiding. The following members were present: RICK YZAGUIRRE, THOMAS EASON, KELLI BLAIR. Absent: STAN BASTIAN Moved by YZAGUIRRE and seconded by BLAIR to approve the minutes of the July 13, 1993 meeting as presented. ALL AYE: MOTION CARRIED. UNFINISHED BUSINESS: Findings of Fact and Conclusions of Law/Creighton Heights Annexation, zoning to RI and Preliminary and Final Plat. Moved by BLAIR and seconded by YZAGUIRRE to approve the findings and conclusions as presented. ALL AYE: MOTION CARRIED. REZONE/PUD/CUP SUBDIVISION PUBLIC HEARING/BOSANKA VILLAGE PRELIMINARY PLAT: (continued) Mayor GUERBER announced that the public hearing was a continuation for writtten testimony only, however, a sign up sheet was put out for verbal testimony. He asked for council approval to reopen the public hearing for additional verbal testimony with the stipulation that if individuals have testified before and have nothing new to add that they would pass on testifing again. Council approved and the public hearing was reopened for verbal testimony. Mark Guho, applicant for Bosanka village, outlined the numerous changes and modifications made since the July 13, 1993 meeting and Pat Dobie, of Dobie Engineering, presented the traffic study to council. Public Testimony: Opposed: Francis Moss, Erma Fuller, Gary Alvis. Transtrum, Helen House, L. J. Pearman, Hal W. Erika Peterson, Richard Peterson, Wes Owen and In Favorl Jack Warner, Bill Cohen, Mark Guho, Nick Guho, Bill Cohen and Jerrie Wolfe. Written Testimony in opposition was received froms Mrs. Rees, Helen House, Bertha Miller, Sandra Lawson, Mary Lawson, Richard Peterson, Ericka Peterson and a petition with 175 signatures. Concerns of the public: traffic, density and overcrowded schools. Public Hearing Closed at 8s45 p.m. The City Attorney advised council they do not have a quorum and that Planning and Zoning recommended approval of the Bosanka/Rezone/PUD/CUP/Subdivision Preliminary Plat. It is necessary to have a vote of one-half (1/2) plus one of members to overturn Planning and Zonings recommendation. After council discussion moved by YZAGUIRRE and seconded by EASON to deny the Bosanka/Rezone/CUP/PUD/Subdivision Preliminary Plat as it does not enhance property value, protect property owners rights and traffic problem needs to be looked at further. NAYI BLAIR. AYE~ YZAGUIRRE, EASON. After further council discussion BLAIR asked for reconsideration to reconsider the previous motion on the Bosanka-Rezone/PUD/CUP/ Subdivision Preliminary Plat. Moved by BLAIR and seconded by YZAGUIRRE to withdraw the motion on the Bosanka/Rezone/PUD/CUP/Subdivision Preliminary Plat and continue the matter to the next council meeting. ALL AYEs MOTION CARRIED. CREIGHTON HEIGHTS: Findings of Facts and Conclusions of Law Moved by EASON and seconded by YZAGUIRRE to reopen the Creighton Heights Findings of Fact to change approval Item #3, no building along the rim, to have a 40 ft. setback requirement. ALL AYEs MOTION CARRIED. Moved by EASON and seconded by BLAIR to amend the Findings of Facts & Conclusions of Law on Creighton Heights. ALL AYE~ MOTION CARRIED. UNFINISHED BUSINESS: Kestral Cove-Rezone/Subdivision Preliminary Plat (continued) Dave Roylance, the Project Engineer presented the project to Council. They have reduced the number of lots 38, 3.2 lots per acre. Average lot size would be from 6400 to 8500 sq. ft. Homes will range in price from $100,000 to $125,000. They have no plans at this time for the commercial lot. Moved by YZAGUIRRE and seconded by BLAIR to approve the rezone to C2, as requested, and conditioned approval of the preliminary plat on the standard conditions of the City Eagle, sidewalk on both sides of street, building a 6 ft. fence and no park will be required. Roberts Square - CUP Findingsz (continued) Duane Johns, representative for the project told council the electrical room has been taken out and by reducing the square footage of the building only 20 parking spaces will be required. The twenty parking spaces will all be on site. Stan McHutchinson, the City Engineer reviewed the parking changes and agreed with the revised number of parking spaces required. Moved by YZAGUIRRE and seconded by EASON to approve the Roberts Square CUP - Findings of Facts and Conclusions of Law. ALL AYEz MOTION CARRIED. Big Sky Franchise~ (continued) Motion was made by EASON and seconded by BLAIR to continue the Big Sky Franchise until the next regularly scheduled council meeting. ALL AYE~ MOTION CARRIED. NEW BUSINESS~ Lot Split-Design Review - Grossman (U-Do-It-Car Wash) Jerrie Wolfe, architect for the project presented the project to council. Larry Sale from ACHD indicated they did not have time to respond to the City and asked that council condition upon applicants meeting with ACHD. Moved by YZAGUIRRE and seconded by BLAIR to approve the Lot Split - Design Review with conditions of approval as presented and adding condition that applicant must meet with the Ada County Highway District. ALL AYE: MOTION CARRIED. Echo Creek Phase 3 Final Plat Approval~ Moved by YZAGUIRRE and seconded by EASON to continue until the next council meeting. Lexington Hills Phase 5 - Final Plat Approval* Moved by YZAGUIRRE and seconded by EASON to approve the plat as presented. ALL AYE: MOTION CARRIED. Redwood Creek Estates - Final Plat Approval: Moved by EASON and seconded by BLAIR to approve the plat as presented. ALL AYEs MOTION CARRIED. Ada County Transmittal-93-40-CU - Hudson: Moved by EASON and seconded by YZAGUIRRE to recommend approval to Ada County. ALL AYE: MOTION CARRIED. Ada County Transmittal-93-38-PDR/93-22-ZC-Bighorn Subdivision: The project was presented by Steve Sweet, Project Engineer. Discussion took place regarding the density, septics and grades of the road. Moved by YZAGUIRRE and seconded by EASON to deny based on density to high under the 1993 Comprehensive Plan. ORDINANCES-RESOLUTIONS: Moved by EASON and seconded by BLAIR to dispense with the three day ruling and to consider Ordinance 225 at this time. ALL AYE: MOTION CARRIED. Moved by EASON and seconded by YZAGUIRRE to adopt Ordinance 225 an Ordinance annexing certain real property situated in the unincorporated area of Ada County, Idaho, and contiguous to the corporate limits of the City of Eagle, to the City of Eagle, Idaho; established the zoning classification of said real property; directing that copies of this ordinance be filed as provided by law; and providing an effective date. (Creighton Heights) ALL AYEs MOTION CARRIED. Resolution 5-93 State Street Policy between the City of Eagle, Idaho State Dept. of Transportation & Ada County Highway District: Moved by BLAIR and seconded by EASON to continue the matter until the next council meeting. ALL AYE: MOTION CARRIED. APPOINTMENTS: Library Board: Mayor Guerber presented the appointment of Donna Abbott and Shara Dene Stephenson to the Library Board for Council consideration. Moved by BLAIR and seconded by EASON that approval be given to the appointments. ALL AYE: MOTION CARRIED. Election Officials~ Mayor Guerber presented the appointment of Carol West, Laura Markham and Phyllis George as election officials for the special municipal bond election on August 17, 1993 for Council consideration. Moved by EASON and seconded by YZAGUIRRE that approval be given to the appointments. ~JuL AYE: MOTION CARRIED. Moved by EASON and seconded by BLAIR to approve the pay rate of $5.00 per hour for the election officials for the special municipal bond election on August 17, 1993. Mayor Guerber asked the City Attorney to write a letter to the contractor regarding roof on City Hall. CLAIMS AGAINST THE CITY~ Moved by YZAGUIRRE and seconded by BLAIR to approve the claims as presented. ALL AYE: MOTION CARRIED Moved by EASON and seconded by BLAIR to approve the ICDBG Drawdown Request for Funds #10 - Wright Bros. $24,823.00. ALL AYE: MOTION CARRIED. There being no further business the meeting adjourned at 10~00 p.m. Respectfully submltted~' ~gINbA KIOUKIS OEPUTY CITY CLER MAYOR STEVE GUERBER