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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 1 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 3 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 ~ 4