Minutes - 1994 - City Council - 01/04/1994 - SpecialEAGLE CITY COUNCIL MEETING
January 4, 1994
The Eagle City Council met in special session on January 4, 1994.
Mayor GUERBER presiding.
The following members were present:
STAN BASTIAN, KELLI BLAIR.
RICK YZAGUIRRE, THOMAS EASON,
The City Clerk announced there were no fiscal matters to conclude
at this time.
Mayor GUERBER gave recognition to KELLI BLAIR as she leaves office
and presented her with an Eagle Statue. There will be a placque
made "In appreciation of Service Councilwoman Kelli Blair 1992-94.
Moved by YZAGUIRRE and seconded by BLAIR to adjourn the meeting.
MAYOR GUERBER gave the Oath of Office to RICK YZAGUIRRE and MORGAN
MASNER.
Moved by BASTIAN and seconded by YZAGUIRRE to go into executive
session on Agenda item #8, Lexington Water System, for purposes of
possible litigation. ALL AYE: MOTION CARRIED.
MAYOR GUERBER presented the appointment of RICK YZAGUIRRE as
Council President for Council consideration. Moved by BASTIAN and
seconded by MASNER that approval be given to the appointment as
presented. AYE: BASTIAN, MASNER. ABSTAIN: YZAGUIRRE. MOTION
CARRIED.
MAYOR GUERBER presented the appointments of
the upcoming year for Council consideration.
are as follows:
Council liaisons for
Those appointments
RICK YZAGUIRRE:
Pathways Committee Coordinator
Senior Citizens Liaison
Eagle Quest Liaison
STAN BASTIAN:
Eagle Planning and Zoning Commission
Library Board liaison
TOM EASON:
Parks and Recreation Coordinator
ACHD/ITD Transportation Liaison
Street Lights Coordinator
MORGAN MASNER:
Ada Planning Association liaison
Sewer District liaison
Design Review/Landscaping Committee liaison
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MOVed bY BASTIAN and seconded by YZAGUIRRE to approve the
appointments as presented. AYE: YZAGUIRRE, BASTIAN, MASNER.
MOTION CARRIED.
PUBLIC HEARING/FALL CREEK SUBDIVISION, ANNEXATION, ZONING (R2), AND
PRELIMINARY PLAT:
Mayor GUERBER announced that this was the time and place set for a
public hearing on Fall Creek Subdivision.
Applicant: Dennis Baker
Location: E side of N Eagle Rd, approx 1/4 mile N of Chinden
Blvd.
Proposed Land Use and Zoning= The original plat contained 275
lots, this plat was modified to 233 lots, ~40.23 acres, 1.66
dwelling units per acre, landscaped areas and bike path and
pedestrian pathway proposed along the Chevron pipe line. Parks and
School site on the adjacent 82 acres. This subdivision includes 20
acres of open space
This application includes a Land Exchange Agreement with Boise for
Boise Sewer Property. This exchange is 82 acres owned by Dennis
Baker to be exchanged for 47 acres owned by Boise City. There has
been an agreement between Boise City and Dennis Baker in which
Boise City will make available a 7 acre elementary school site for
up to 3 years from the date of closing. Boise will use a 35 acre
parcel for a City park or a City park/school site. Boise will use
best efforts to complete the park in a timely manner, but the
development shall be contingent upon fund availability considering
constitutional limitations. Boise will represent this development
project as a high priority in each years budget development.
Public testimony in opposition=
Bill Martin, Dwayne Didricksen, Mel Smith, Phil Whitener, Beth
Grinstead, Gary Lyons, Dan Stout, Julie Masner, Lori S. Murray
Public testimony in favor:
Dan Torfin, Pat Dobie, Chuck Michelson, Steve Bradbury.
Concerns of the public: density, desire for less lots on the south
side of the project, request for performance bond, sensitive area
issue, wildlife, better protection for Eagle, impact on school and
highways, economic considerations, impact for future generations.
Public hearing closed at 8~45 p.m.
Moved by BASTIAN and seconded by YZAGUIRRE to approve the
annexation, zoning of R2, and preliminary plat approval for Fall
Creek Subdivision subject to the following conditions:
1. Ail the Eagle Standard Subdivision requirements be met
2. A berm be built along the southern portion of the property at
the 25 ft. line from Kidds Creek to prevent runoff of water
and at the same location a open fence be built similar to peel
pole fencing.
3. An agreement be entered into by the bench residents, all those
property owners adjacent'to the subdivision on the bench along
Chinden Blvd., entered into to allow them to participate in
the maintenance of the land that will be left open along Kidds
Creek.
4. The CC&R's include language that no wood burning fireplaces be
allowed. All wood burning stoves meet EPA requirements, that
would allow gas, and others that are non-polluting.
5. That an extra 25 ft setback along Kidds Creek for the 2
western lots be provided.
6. The CC&R's provide for 4 trees per lot and that they be 2 inch
to 3 inch caliper in size. Only one level homes be built
along Eagle Rd, and that the subdivision include installation
of a pressurized irrigation system throughout the subdivision.
7. 25 ft setback be required on the south side of the creek where
the 8 lots in question are involved.
8. A land swap agreement with the City of Boise be developed that
is acceptable to the City of Eagle as it pertains to the
following matters:
a. development of land to the west being traded as a park;
b. acceptance and development of proposed school site;
c. restrictions on spreading, processing, and storing sewage
on land in the Eagle Area of Impact; and
d. development of an extension of Joplin Road to the east side
of the proposed subdivision.
AYE: BASTIAN, YZAGUIRRE. ABSTAIN: MASNER. MOTION CARRIED.
MAYOR GUERBER announced that the Council will go into executive
session to discuss matters of possible litigation.
The Council reconvened to regular session at 10:35 p.m.
LEXINGTON WATER SYSTEM:
Discussion regarding the transfer of the Lexington Water System was
discussed. Jim Heath represented the Eagle Sewer District in the
discussion and Dwayne Stickle, an owner and developer of Lexington
and Forest Goodrum, attorney for Lexington Hills represented
Lexington Hills Subdivision and Treasure Valley Village, Inc. Mr.
Stickle introduced documents from the Eagle Sewer district into
record.
After lengthy discussion BASTIAN moved and YZAGUIRRE seconded a
motion to authorize transfer of the Eagle Municipal Water Co. to
Lexington Hills-Treasure Valley Village, Inc. through the
"Agreement for Re-Transfer of domestic Water System" with the
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following conditions:
1. The developers shall provide warranty coverage to the extent
provided under the original transfer agreement;
2. The developers shall provide insurance for the City, covering
the City to the same extent as the insurance procured by the
City during its operation of the water system;
3. The developers shall indemnify the City from any liability,
including attorneys fees, arising from the transfer of the
water system back to the Developers;
4. The developers legal counsel provide the City with a legal
opinion that the re-transfer is valid.
ALL AYE~ MOTION CARRIED.
There being no further business the meeting adjourned at 11~40 p.m.
Respeg~K~lly submitte~~=~.'~' ' -.
EAGLE CITY CLERI~ '~
MAYOR ~EV~CU~ER ~
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