Minutes - 1994 - City Council - 01/11/1994 - RegularEAGLE CITY COUNCIL M~ETIN~
January 11, 1994
The Eagle City Council met in regular session on January 11, 1994.
Council President YZAGUIRRE presiding in Mayor GUERBER'S absence.
The following members were present:
STAN BASTIAN, MORGAN MASNER.
RICK YZAGUIRRE, THOMAS EASON,
Council President YZAGUIRRE announced the Council would go into
executive session to discuss matters of possible litigation.
The Council reconvened to regular session at 9:32 p.m.
Moved by BASTIAN and seconded by EASON to approve the minutes of
the December 28, 1993 as presented. ALL AYE: MOTION
Moved by BASTIAN and seconded by MASNER to approve the minutes of
the January 4, 1994 meeting with corrections to the motion of
approval for the Fall Creek conditions. The motion should read as
follows:
"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 to be entered into by the bench residents, (all
those property owners adjacent to the subdivision on the bench
along Chinden Blvd.) allowing 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.
25 ft setback be required on the south side of the creek where
the 8 lots in question are involved.
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".
ALL AYE: MOTION CARRIED.
PUBLIC HEARING/SugarberryAnnexation, Zoning, (Ri) and Preliminary
Plat:
Council President YZAGUIRRE announced that this was the time and
place set for a public hearing on Sugarberry Subdivision
annexation, zoning and preliminary plat.
Applicant: Loren Saunders
Location: 1/4 to 1/2 M N of Chinden Blvd. on N. Meridian Rd.
Proposed land use and zoning: Ri zoning, 73.4 acres. 35 lots
ranging from 1.67 acres to over 2 acres. (Northern lots 2 acres or
more as a transition zone between Clearvue and Sugarberry). A 3
phase project from 1994-96. The subdivision will be an urban
forest-wooded look. In order to accomplish this each acre will be
required to provide 10,000 sq ft (1/4 acre) of wooded area. Lots
9, (3.2 acres), 24 (1 acre) and 26 (2 acres) of Block 1 have
existing homes. 3 lots will access off Meridian Rd· A 6 ft
walking path will be added to the width of the ACHD street.
The SW parcel is part of the annexation and zoning but not part of
the subdivision
Public Testimony: David Vail-in favor
Public hearing closed at 10.40 p.m.
Moved by BASTIAN and seconded by YZAGUIRRE to approve the
annexation, zoning of Ri and preliminary plat subject to the
following conditions:
1. The City of Eagle Standard Conditions of Approval
2. Incorporation of a pressurized irrigation system approved by
the City Engineer
3. Granting of a variance to ECC 9-4-1-6 and 9-4-1-3 in order to
provide for a pathway included at the side of the street
instead of sidewalks, curbs and gutters
4. To provide for street lights incorporated in the subdivision,
approved by the City Engineer
5. To annex into the Eagle Fire District.
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ALL AYE: MOTION CARRIED.
For the record Council President noted that Mayor GUERBER returned
to the meeting at T0:50 p.m. Mayor GUERBER announced he had been
to a Boise Council meeting where approval was given for the
Brighten Development at Chinden Blvd. and Eagle Rd. Approval was
given for residential and corm~ercial (18 acres of commercial). They
will be required to gain approval of design review and incorporate
a Development Agreement.
PUBLIC HEARING/POTTENGER - CUP
Mayor GUERBER announced that this was the time and place set for a
public hearing on the Pottenger application for a conditional use
permit to permit a double-wide mobile home be placed on property
where a single family dwelling exists for their daughter Velva
Jones.
Applicant: Ira F. and Doris M. Pottenger
Location: 2128 Dunyon St. Eagle, Id
Proposal: Conditional Use Permit for a
family dwelling lot
mobile home on a single
Public Testimony: Sandy Smith
Public hearing closed at 11:00 p.m.
Moved by EASON and seconded by BASTIAN to approve the CUP with the
condition that the CUP is granted for Velva Jones as long as there
is a need, when there is no longer a need, the mobile home will be
removed. ALL AYE: MOTION CARRIED.
FINDING OF FACT AND CONCLUSIONS OF LAW: Moved by YZAGUIRRE
seconded by EASON to approve the following:
A. Curlew Subdivision
B. Meridian School Dist-CUP
C. Ricks River Ridge Subdivision
and
ALL AYE: MOTION CARRIED.
FINDINGS OF FACTS ~ CONCLUSIONS OF LAW/EAGLE WING
Moved by YZAGUIRRE and seconded by EASON to approve the findings
with corrections submitted by the City Attorney. ALL AYE: MOTION
CARRIED.
LOCAL IMPROVEMENT DISTRICT (LID-91-1) continued:
The City Engineer addressed the concerns of Rick and Sandy Smith,
Vigil Anderson, Joan Lyons and Don Crawford.
Moved by YZAGUIRRE and seconded by BASTIAN to approve the
assessments for the LID with the following amendments:
Don Crawford: assessment $3,926.13, less 10% (393)=$3,529.13
Gil Simpson: assessment $1,268.45, less 10% (127)=$1,141.45
Joan Lyons: assessment $ 549.06, less $100 = $449.06
Virgil Anderson and Rick and Sandy Smith's requests are denied. All
monies from the City General Fund are to be considered capital
expenses. ALL AYE: MOTION CARRIED.
ORDINANCE 234 - LID-91-1: Moved by YZAGUIRRE and seconded by EASON
to continue the ordinance until the January 25, 1994 meeting. ALL
AYE: MOTION CARRIED.
RECREATION POLICY AND CONTP~ACT:
Moved by YZAGUIRRE and seconded by BASTIAN to approve the contract
as presented. ALL AYE: MOTION CARRIED.
Moved by YZAGUIRRE and seconded by BASTIAN to continue the policy
discussion until the next meeting. Mary Ann will condense the
policy and Mona will review it.
Ada County Transmittals:
Moved by BASTIAN and seconded by YZAGUIRRE to approve the following
Ada County Transmittals:
A. 93-60-PDR/93-83-CU Covington Place Subdivision
B. Ada County Amendments
C. 93-43-ZC Catherine Byrne
ALL AYE: MOTION CARRIED.
Moved by EASON and seconded by YZAGUIRRE to deny the Ada County
Transmittal 93-23-A Barbara Trammel. School funds should not build
roads, building of roads is an ACHD expense. ALL AYE: MOTION
CARRIED.
RESOLUTIONS:
FAIR HOUSING RESOLUTION-1994: Moved by YZAGUIRRE and seconded by
EASON to approve the resolution as presented. ALL AYE: MOTION
CARRIED.
POLICY regarding non-discrimination on the basis of disability:
Moved by YZAGUIRRE and seconded by EASON to approve the resolution
as presented. ALL AYE: MOTION CARRIED.
REPORTS: Barbara Montgomery, City Clerk, asked for a response from
Council on joining the Idaho Housing Coalition. Moved by YZAGUIRRE
and seconded by EASON to take the matter under advisement and to
re-visit the proposal to join the organization next summer in
preparation for the new budget. ALL AYE: MOTION CARRIED.
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The City Clerk asked for Council consideration for a member to join
the Boise P&Z to aid with Comprehensive Plan discussions. The
Council asked MASNER to attend the meetings.
The City Engineer presented the bids for street lights for Idaho
Street and the Eagle Golf Course. Moved by YZAGUIRRE and seconded
by EASON to accept the Alloway Electric bid as the lowest bid. ALL
AYE: MOTION CARRIED.
Reports included the suggestion that the Council consider the
annexation of the remainder of Dennis Baker's land, the portion in
the exchange agreement proposal. The City Clerk was asked to put
the item on the next agenda.
CLAIMS AGAINST THE CITY: Moved by YZAGUIRRE and seconded by EASON
to approve the claims as presented. ALL AYE: MOTION CARRIED.
There bein9 no further business the meetin9 adjourned at 12:05 p.m.
Respe~ly su~,t~.,d:
EAGLE CITy ~LEkK~' '.'~?~' ~
MAYOR STEVE GUERBER
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