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Minutes - 1994 - City Council - 04/26/1994 - RegularEAGLE CITY COUNCIL MEETING April 26, 1994 Pre Council: Mary Berent presented the P&Z report to the Council. Don Brinton asked the Council for support on an Ada County development proposal north of Homer Rd. He would like the Council to pass a resolution opposing one acre lots in that particular area. The Council will act on the request in regular Council. Christie Hubble and Bernie O'Sullivan presented the Idaho Power plans in the Eagle area to Council. Richard Boesiger developer of Malvin's Eagle Point %6. The grade of the road leading to Edgewood from~Ielvin's Eagle Point %6. Mr. Boesiger explained that the ACHD requirement of 2% slope per 100 ft. could not be met at the location adjacent to the subdivision entrance on the west side of Edgewood. The Eagle City Council met in regular session on April 26, 1994. Mayor GUERBER presiding. The following members were present: STAN BASTIAN, MORGAN MASNER. RICK YZAGUIRRE, THOMAS EASON, Moved by YZAGUIRRE and seconded by EASON to approve the minutes of the April 12, 1994 meeting as presented. ALL AYE: MOTION CARRIED. PUBLIC HEARING/ECHOHAWK SUBDIVISION - Preliminary Plat: Mayor GUERBER announced that this was the time and place set for a public hearing on Echohawk Subdivision Preliminary Plat. Applicant: B.J. Land Co. of Mesa, Ariz. Location: S side of Floating Feather Rd., approx 1800 Ft W of intersection of Floating Feather Rd. and present SH 55. Echo/Trail Creek Subdivision lies N of this parcel. Proposed Land Use and Zoning: Zoned R5 - 35.16 acres, proposed 109 single family dwelling lots and 3 common lots (2 landscaping, 1 future right of way). Density 3.10. Intersected by Farmers Union Canal. The proposed re-location of SH 55 will form the E boundary. W/ be developed in 3 phases. Phase 1 - 39 lots, Phase 2 - 35 lots and Phase 3 38. Ted Hutchinson outlined the development to the Council. Public Testimony: In Fulton, Barbara Olson, Steve Bradbury. Favor: Bill Pardew, Elmer Carlock, John Mike Kauffman, Larry Olson, Garth Baldwin, Opposed: Lynn Sedlacek, Jim Arden. Concerns of the public: fencing and berming along the new SH, the irrigation and drainage design, open spaces (areas for recreation). Public hearing closed at 8~35 p.m. Moved by MASNER and seconded by BASTIAN to deny the preliminary plat as presented. This subdivision is too marginal, there is not an adequate barrier between it and SH55, there is an absence of a pressurized irrigation system, it violates the nature of open spaces, there are no amenities. It is a cookie cutter design. This subdivision does not meet the spirit of the Comprehensive Plan which calls for a rural nature of the community. The codes speak to adequate open space in accordance with ECC 9-1-3.C. The Parks and Recreation section of the Comprehensive Plan speaks to open space also. The open space in this subdivision is inadequate. There is a question regarding the ability of Eagle Water Co. to serve the subdivision. ALL AYE: MOTION CARRIED. PUBLIC HEARING/VAN ENGELEN ESTATES - Rezone and Preliminary Plat: Mayor GUERBER announced that this was the time and place set for a public hearing on Van Engelen Estates a rezone and preliminary plat. Applicant: Rick Roe & Craig Van Engelen Location: N. of State Highway 44, (W. State St.) Proposal: 25.76 Acres, 52 lots, 2 units per acre, areas, development includes landscaped pathways. Public 'Testimony: opposed: Kunkler, Tom Barrio. 7 lots as common Lynn Sedlacek, Rick Kunkler, Fred Public hearing closed at 9:15 p.m. Concerns were expressed regarding the fencing of the property since Mr. Kunkler has cattle on his property adjacent to the Van Engelen property. Mr. Kunkler is also concerned about the irrigation ditch in the area serving his property. Moved by EASON and seconded by MASNER to continue the matter until the May 10 Council meeting in order to give the developer and Fred Kunkler time to come to an agreement. At the time of the May 10 meeting the Council will expect to see a written agreement on the fencing and irrigation questions. ALL AYEs MOTION CARRIED. COMMERCIAL CONDITIONS OF APPROVAL: Moved by YZAGUIRRE and seconded MASNER to continue until May 10 at the request of the City Attorney, Mona Mack. ALL AYE: MOTION CARRIED. SUGARBERRY SUBDIVISION FINAL PLAT~ Moved by YZAGUIRRE and seconded by MASNER to approve the plat with the conditions presented by staff. ALL AYE: MOTION CARRIED. ADA COUNTY TRANSMITTAL 94-26-PDR/Sunny Brae Crandlemire Moved by MASNER and seconded by YZAGUIRRE to approve the Ada County Transmittal as presented. ALL AYE: MOTION CARRIED. ADA COUNTY TRANSMITTAL 93-02-PDR/GOLDRIDGE ESTATES: Moved by BASTIAN and seconded by MASNER to approve an extension of time for plat approval. ALL AYE: MOTION CARRIED. WINARD RIVER HEIGHTS: John Priester, Ada County Engineer requested consideration of approval of this final plat. This subdivision is located in the impact area. Apparently there were errors made in the preparation of the plat. The replat corrected the errors but must be made a matter of record. Moved by BASTIAN and seconded by MASNER to approve the plat as requested. ALL AYE: MOTION CARRIED. APPOINTMENTS: Mayor GUERBER presented the appointment of Mary Berent as City Planner for Council consideration. Moved by M3kSNER and seconded by BASTIAN to approve the appointment. ALL AYE: MOTION CARRIED. The City Attorney was asked to prepare a contract for Council approval. ORDINANCE #245 - Air Quality Moved by YZAGUIRRE and seconded by BASTIAN to dispense with the three day ruling and to consider Ordinance #245 at this time. ALL AYE: MOTION CARRIED. Moved by YZAGUIRRE and seconded by BASTIAN to adopt Ordinance #245, an Ordinance Amending Title 4 of the Eagle City Code to establish requirements limiting the burning of solid fuel and/or refuse during declared air pollution alerts. ALL AYE: MOTION CARRIED. UNFINISHED BUSINESS: Findings of Fact and Conclusions of Law/ Graham - CUP. Moved by BASTIAN and seconded by MASNER to approve the findings and conclusions as presented. ALL AYE: MOTION CARRIED. Moved by MASNER and seconded by EASON to regarding the recreation contract to item 12, agenda. ALL AYE: MOTION CARRIED. move the discussion the last item on the ATTORNEY'S REPORT: BRIGHTON CORP: Boise is proceeding with only a part of the application, that part, is the rezoning of the property that is within the City limits. The balance of the property is not before the Boise City Council, therefore, is unresolved. FALL CREEK: After discussion the Mayor agreed to meet with Mr. Carrico regarding the property in order to determine their desire toward annexation. UTILITY FRANCHISE: week. The paperwork on this issue will go out this TRANSFER OF THE WATER COMI~ANY: Mona Mack asked for the issue to be placed on the next pre-council agenda. CITY ENGINEER REPORT: Kestral Cove: The City Engineer, Stan McHutchinson reported to Council that he is in the process of resolving the irrigation ditch problem. He will draft a letter to the developer advising him it will not be possible to sign off on the final plat until this issue is resolved. It is confirmed that the street light and tree at the entrance location of Kestral Cove will have to be moved. The tree will be moved to another downtown site. It will be made clear the developer will be responsible for the expenses. The City Engineer also reported that he will have the final report on the Pressurized Irrigation System for the May 10 meeting. EDGEWOOD SUBDIVISION: YZAGUIRRE asked for consideration for a change in the policy determined for the sidewalks in Edgewood Subdivision which has a 15 ft. strip along between the curb and sidewalk. The appearance is not as pleasing as a 5 ft strip. The Council agreed that a 5 ft strip would be sufficient. EAGLE QUEST: They will be applying for a SBA Grant for $10,000o the request will include plans for the parks and arboretum. The application must be submitted by May 15. There will be a special meeting of the Council on May 11 in order to hold a public hearing and comply with the guidelines of the grant. Moved by YZAGUIRRE and seconded by BASTIAN to approve the request made by Don Brinton in the pre-council session for a resolution to be submitted to Ada County asking for appropriate zoning between the City Impact Area and Ada County. ALL AYE: MOTION CARRIED. CLAIMS AGAINST THE CITY: Moved by YZAGUIRRE and seconded by MASNER to approve the claims as presented. ALL AYE: MOTION CARRIED. RECREATION CONTRACT: The employment agreement was presented to Council by Mona Mack. The recreation director asked for additional changes in the agreement. After discussion the only changes agreed upon by the Council are as follows: 1. #2, DUTIES: to designate a specified time frame within which the City Council would be required to take action for approval or denial of recreation programs. The recreation director would be responsible to supply the Council with such information 2 weeks in advance of any Council meeting. 2. #3, WORKING HOURS: week during which the public. The schedule of at least 4 hours each work Employee may readily be contacted by the #8, EMPLOYEE AT WILL: Will be given 2 weeks notice. The collection of fees, as provided by Jo Bolen, the City Auditor, should be incorporated in the policies rather than the contract. EASON and Mary Ann will work on the creation of the Recreation Policies. Moved by EASON and seconded by MASNER to approve the recreation programs presented tonight. ALL AYE: MOTION CARRIED. Moved by EASON and seconded by MASNER to approve the recreation contract with the changes made tonight and authorize the Mayor to execute the contract. ALL AYE: MOTION CARRIED. There beihg no further business the meeting adjourned at 10:55 p.m. bmitted: ,,,