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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. 2 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. 4 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 5