Minutes - 1994 - City Council - 01/25/1994 - RegularEAGLE CITY COUNCIL MEETING
January 25, 1994
Pre Council: The Sheriff's report was given by Lt. Dale Woodcook,
Ada County sheriff's Office
The P&Z report was given by Mary Berent. The Mayor announced that
Bill Cohen would assume the duties of Eagle's representative on the
Ada Planning Association TAC. The Committee reports were given by
the Council. YZAGUIRRE reported that it has been established that
the Senior Citizens have been paying for the parking lot lights and
outdoor spot light. It has been determined the additional expense
is $20.75 a month. He asked the Council to consider paying the
seniors 25.00 a month rather than hiring an electrician for re-
wiring. The Council agreed this might be the better way to pay for
the rights and reimburse the seniors.
The Eagle City Council met in regular session on January 25, 1994.
Mayor GUERBER presiding.
The following members were present:
STAN BASTIAN, MORGAN MASNER.
RICK YZAGUIRRE, THOMAS EASON,
Moved by YZAGUIRRE and seconded by BASTIAN to approve the minutes
of the January 11, 1994 meeting with the following correction:
the conditions for Fall Creek, #5 and #7 are in conflict. The two
conditions should be combined to read, "A 25 ft setback along the
south side of the property line to the two westerly lots be
provided and preserved as a natural area."
ALL AYE: MOTION
PUBLIC HEARING/LaRue Acres: Rezone to R4 and Subdivision
Preliminary Plat
Mayor GUERBER announced that this was the time and place set for a
public hearing on LaRue Acres Subdivision.
Applicant:
Location:
Proposal:
Jim Reese,
Chuck Watts
E of Palmetto Ave, at Amanita St., Eagle
Rezone from A to R4, 13.4 acres, 49 single family
dwelling lots at 3.7 units per acre. 2 lots are common
area.
Project Engineer represented the applicant. Mr. Reese
outlined the development. He advised the Council that Idaho Street
would continue east at the request of P&Z. The pathway easement on
the 9r~inage ditch will include a walkway and be landscaped. The
park~ lots will be maintained by the homeowners association.
Public Testimony: Opposed: Roy Duggins, Veda Cooper
Concerns of the public: The traffic will be diverted to Palmetto,
the public requests a traffic signal or turning lane at Palmetto
and State St., and a traffic study. There was concern regarding
the safety of children and construction trucks using the streets.
Public hearing closed at 8:35 p.m.
Moved by BASTIAN and seconded by YZAGUIRRE to approve the
preliminary plat and rezone to R4 as presented tonight subject to
the following conditions:
1. the plat must include an extension of Palmetto Road to State
St., with a request for speed dips;
2. a pressurized irrigation system be installed;
3. the Eagle Subdivision Standard Conditions;
4. that the City of Eagle be approached upon completion of
the park for consideration as a public park.
AYE: YZAGUIRRE, EASON,BASTIAN. NAY: MASNER MOTION CARRIED.
Moved by BASTIAN and seconded by YZAGUIRRE for the City to write
ITD to request turning lanes be established at Stierman and
Palmetto to provide safety for those turning onto those streets.
ALL AYE: MOTION CARRIED.
ECHO CREEK #1 - Karen Jones represented homeowners in Echo Creek #1
with concerns regarding the upcoming installation of a pressurized
irrigation system in phase 1 of the subdivision. The homeowners
want standards adopted so that they have assurances the system will
be adequate for their needs.
Other speakers in attendance were: Richard Burley, Attorney for
Echo Creek, Todd Sharer, developer and Carlyle Briggs, Project
Engineer.
Moved by BASTIAN and seconded by MASNER to direct Stan
McHutchinson, the City Engineer, to meet with the Project Engineer,
Carlyle Briggs and the homeowners representative, Jim Moyer, to
determine the adequacy of water irrigation systems within
subdivisions and report back to the Council. ALL AYE: MOTION
CARRIED.
Moved by BASTIAN and seconded by YZAGUIRRE to proceed as quickly as
possible to develop irrigation standards and instruct the City
Engineer to look at the Nampa-Meridian Irrigation Standards with
the points of interconnection of potable and non potable systems,
and inspections of both systems when installed. There should be an
ordinance addressing the legality of cross connections which should
be forbidden. The City Engineer should look for standards that
separate the irrigation system from the potable system as an
addition to the Meridian-Nampa Standards.
ALL AYE: MOTION CARRIED.
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ECHO CREEK #4 - FINAL PLAT:
After considerable discussion a motion was made by BASTIAN, and
seconded by MASNER to continue the request for approval of the
final plat until the next regularly scheduled Council meeting at
which time the City Engineer will provide the Council with a report
as to the adequacy of the proposed irrigation system that is under
construction for Echo Creek Phase 1 and the other phases of Echo
Creek Subdivision. ALL AYE: MOTION CARRIED.
Stan McHutchinson, the City Engineer, noted that the report will
contain certain assumptions that have to be made when making
determinations such as water being used on a lot, etc. Both
parties point of view will be taken into consideration and a
recon~nendation to Council will be made as far as those negotiable
items.
The City Clerk asked that it be noted that any debt incurred by Jim
Moyer is the responsibility of the Echo Creek homeowners, not the
City of Eagle.
The City Attorney noted for the record that all subsequent phases
are subject to water availability. It must be established that
there is adequate water to support additional development or final
plats cannot be approved.
BIDS-PARKS AND CITY HALL MAINTENANCE:
Moved by MASNER and seconded by YZAGUIRRE to accept the Trautman
bid for maintenance of the parks and City Hall property for 2 years
with a 3% increase in 1995, as the lowest bid. ALL AYE: MOTION
CARRIED.
Moved by YZAGUIRRE and seconded by MASNER to amend the agenda to
move section 7 The Findings of Facts and Conclusions of Law to
item number 8 and to move section 8 - Ordinances, to be discussed
at this time. ALL AYE: MOTION CARRIED.
ORDINANCE #234 - LOCAL IMPROVEMENT DISTRICT #91-1:
Moved by BASTIAN and seconded by YZAGUIRRE to grant a 10% reduction
for the Chevron Station. AYE: BASTIAN, EASON. NAY: YZAGUIRRE,
MASNER. MAYOR GUERBER: AYE: MOTION CARRIED.
Moved by BASTIAN and seconded by YZAGUIRRE to dispense with the
three day ruling and to consider Ordinance 234, an Ordinance
approving and confirming the assessment roll of the Local
Improvement District NO. 91-1, with Exhibit A, the assessment roll,
as amended, be adopted at this time. ALL AYE: MOTION CARRIED.
Moved by BASTIAN and seconded by EASON to adopt Ordinance 234 at
this time. ALL AYE: MOTION CARRIED.
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ORDINANCE #235 - ANNEXATION, ZONING (R2) D_ND PRELIMINARY PLAT-Fall
Creek:
Moved by YZAGUIRRE and seconded by EASON to dispense with the three
day ruling and to consider Ordinance 235, 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 be adopted at this time. ALL
AYE: MOTION CARRIED.
Moved by YZAGUIRRE and seconded by EASON to adopt Ordinance 235 at
this time. ALL AYE: MOTION CARRIED.
ORDINANCE #236 - ANNEXATION, ZONING (Ri) AND PRELIMINARY PLAT-
Sugarberry Subdivision:
Moved by EASON and seconded by BASTIAN to dispense with the three
day ruling and to consider Ordinance 236, an ordinance annexing
certain real property situated in the unincorporated area of Ada
County, Idaho, and conti~uous to the corporate limits of the City
of Eagle, to the City of Eagle, Idaho; established the zoning
classification of said real property be adopted at this time.
ALL AYE: MOTION CARRIED.
Moved by EASON and seconded by YZAGUIRRE to adopt Ordinance 236 at
this time. ALL AYE: MOTION CARRIED.
ORDINANCE #237 - ANNEXATION OF THE BAKER/MACE PROPERTY:
Moved by MASNER and seconded by YZAGUIRRE to dispense with the
three day ruling and to consider Ordinance 237, 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. AYE: YZAGUIRRE, EASON,
MASNER. NAY: BASTIAR. MOTION CARRIED.
BASTIAN requested a discussion regarding the motion dispensing the
three day reading rule, and suggested a first reading only.
Moved by BASTIAN and seconded by YZAGUIRRE to reconsider the
previous motion waving the three day ruling. ALL AYE: MOTION
CARRIED.
A ruling was made that since BASTIAN was a descending vote in the
original motion it would require a party on the prevailing side
to initiate a motion to reconsider.
Moved by EASON and seconded by YZAGUIRRE to reconsider the previous
motion waving the three day ruling. AYE: YZAGUIRRE, EASON,
BASTIAN. NAY: MASNER. MOTION CARRIED.
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'Ordinance #237 was read for the first timel
PROCLAMATION BURN AWARENESS WEEK: Moved by YZAGUIRRE and
seconded by EASON to adopt the Proclamation as presented. ALL AYE:
MOTION CARRIED.
UNFINISHED BUSINESS:
Findings of Fact and Conclusions of Law/Fall Creek Annexation,
Zoning and Preliminary Plat: Moved by YZAGUIRRE and seconded by
BASTIAN to approve the Findings and Conclusions subject to the
correction incorporating conditions #5 and #7 as indicated in the
approval of the minutes of January 11, 1994, and including the
amendments provided by the City Attorney. ALL AYE: MOTION
CARRIED.
Findings of Fact and Conclusions of Law/Sugarberry Annexation,
Zoning and Preliminary Plat: Moved by BASTIAN and seconded by
MASNER to approve the Findings and Conclusions as presented. ALL
AYE: MOTION CARRIED.
Findings of Fact and Conclusions of Law/Pottenger - CUP: Moved by
EASON and seconded by MASNER to approve the Findings and
Conclusions as presented. ALL AYE: MOTION CARRIED.
Moved by MASNER and seconded by YZAGUIRRE to authorize the City
Hall staff to purchase a computer program "Calendar Greater Plus"
or a similar program in order to computerize calendar events during
the year. ALL AYE: MOTION CARRIED.
CLAIMS AGAINST THE CITY: Moved by EASON and seconded by MASNER to
approve the claims as presented. ALL AYE: M~TION CARRIED.
ADDITIONAL REPORTS:
Moved by MASNER and seconded by YZAGUIRRE to prepare an annexation
ordinance, without zoning, to annex the east side of Eagle Rd. from
Island Woods to Chinden Blvd. ALL AYE: MOTION CARRIED.
The City Attorney was asked to submit a cost proposal from her law
firm for additional meetings in order to attend Eagle Planning and
Zoning Corm~ission meetings. The City Engineer was asked for a
similar proposal.
There being no further business the meeting adjourned at 11:30 p.m.
Moved by EASON and seconded by MASNER to reconvene in order to
authorize the City Attorney to file a law suit against the City of
Boise challenging it's approval of Hobble Creek Subdivision, a
Brighton Corporation preliminary plat. ALL AYE: MOTION CARRIED.
There being no further business the meeting adjourned at 11:45 p.m.
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MAYOR STEVE GUERBER
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