Minutes - 1994 - City Council - 05/10/1994 - RegularEAGLE CITY COUNCIL MEETING
May 10, 1994
Pre Council= The developers of Echohawk Subdivision asked for
reconsideration of the development in regular session. Moved by
YZAGUIRRE and seconded by BASTIAN to take the matter under
consideration in regular session and to add the matter under the
Findings of Fact and Conclusions of Law section of the agenda.
The Planning and Zoning report was givenbyMaryBerent. The Eagle
~unicipal Water System was discussed regarding the transfer of the
water system back to Lexington owners. Discussion included the
possibility of a lease system. Mona Mack still asked from the
Lexington legal counsel a legal opinion and ind~--%ification of the
City. The Council agreed to go into executive session to discuss
this matter further.
The Eagle City Council met in regular session on May 10, 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 April 26, 1994 meeting with the following correction:
Page 2: 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 .... .
ALL AYE: MOTION CARRIED.
PUBLIC HEARING/FRISON - VARIANCE
Mayor GUERBER announced that this was the time and place set for a
public hearing on the Frison application for a set back variance.
Applicant:
Location:
Proposal:
Daniel & Patricia Frison
1726 E. Stadler Ct./Melvin's Eagle Point Subdivision
Variance - set back requirements on an out building
from 7.5 side set back requirement to 3.
Public Testimony: Opposed/Sherry Jackson
Public hearing closed at 7:55 p.m.
Moved by EASON and seconded by BASTIAN to deny the application as
presented. ALL AYE: MOTION CARRIED.
PUBLIC HEARING/BERKSHIRE SUBDIVISION - Annexation, Zoning (R4) and
Preliminary Plat:
Mayor GUERBER announced that this was the time and place set for a
public hearing on an annexation, zoning and preliminary plat
application for Berkshire Subdivision.
Applicant:
Location:
Proposal:
Mike Gulff
S. side of Floating Feather Rd. approx. 2000 ft. W. of
intersection of Floating Feather and Highway 55.
RT to R4, contains 7.66 acres, contains one older
single dwelling w/detached garage), 29 lots, (28 lots
for single-family dwellings and 1 open space/drainage
lot, 3.65 dwelling units per acre.
Discussion took place regarding pressurized irrigation and water
issues.
Public Testimony: In favor: John Fulton. No opposition
Public hearing closed at 8:25 p.m.
Moved by BASTIAN and seconded by M ASNER to approve the annexation,
zoning (R4) and preliminary plat as presented tonight with the
following conditions:
1. The subdivision include pressurized irrigation system
2. The subdivision be included in an authorized water franchised
area
3. the City of Eagle Standard Subdivision Conditions of Approval
requirements
ALL AYE: MOTION CARRIED.
VAN ENGELEN ESTATES a preliminary plat and rezone from A to R2
(continued):
This matter was continued in order to give the developer enough
time to come to a written agreement with the adjacent property
owner, Fred Kunkler, on the fencing and ditch. The agreement has
been submitted into record.
Moved by MASNER and seconded by BASTIAN to approve the Van Engelen
Preliminary Plat and Rezone (R2) as submitted with the executed
written agreement, and the following conditions:
ii The subdivision include a pressurized irrigation system
2. The City of Eagle Standard Subdivision Conditions of Approval
requirements
ALL AYE: MOTION CARRIED.
FINDINGS OF FACT AND CONCLUSIONS OF LAW/ECHOFIAWK SUBDIVISION:
Moved by BASTIAN and seconded by YZAGUIRRE to reconsider the action
taken on April 26, 1994 on the Echohawk Subdivision proposal. ALL
AYE: MOTION CARRIED.
Moved BASTIAN and seconded by MASNER to approve the subdivision
plat originally presented on April 26, 1994 with the modifications
presented tonight and the following conditions:
1. The subdivision include a pressurized irrigation system
2. The City of Eagle Standard Subdivision Conditions of Approval
requirements
3. The subdivision be included in an authorized water franchised
area
COMMERCIAL CONDITIONS OF APPROVAL:
The City Clerk asked the matter to be continued until May 24, 1994.
Moved by BASTIAN and seconded by YZAGUIRRE to continue the matter
as requested. ALL AYE: MOTION CARRIED.
RECREATION - POLICY STANDARDS
EASON presented the Policy Standards to Council and recommended
additions he and the Recreation Director discussed.
Moved by EASON and seconded by BASTIAN to accept the Recreation
Policy and Procedures Standards with the corrections presented
tonight. ALL AYE: MOTION CARRIED.
Agreement for Use of School Facilities: changes to the agreement
were discussed by Council. EASON will negotiate with the Church
officials and present the Agreement to the Council on May 24, 1994.
Moved by EASON and seconded by BASTIAN to approve recreation
expenditure for line markers and chalk for the softball league in
the amount of $190.00 ALL AYE: MOTION CARRIED.
CITY OF EAGLE PLANNER CONTRACT: The City Attorney will re-submit
the contract for execution at the May 24, 1994 Council meeting.
The City Clerk will secure bids on a lap-top computer that will
inter-act with the City system for use by the City Planner, and
bring the bid to the Council.
ASHLAND ACRES SUBDIVISION Request for extension of time on a
preliminary plat: Moved by YZAGUIRRE and seconded by EASON to
continue the matter for one year. ALL AYE: MOTION CARRIED.
TRASH LICENSES: Moved by YZAGUIRRE and seconded by EASON to
approve the applications for renewal as presented. ALL AYE:
MOTION CARRIED.
The City Clerk asked to review the Trash License Ordinance in order
to update the ordinance. The possibility of using Boise's
ordinance was discussed.
RICKS RIVER RIDGE - Final Plat:
Moved by BASTIAN and seconded by YZAGUIRRE to continue the matter
until we can secure a report from the City Engineer on the
feasibility of including a pressurized irrigation system for this
subdivision. ALL AYE: MOTION CARRIED.
The City Engineer will be asked to report on each subdivision
submittal on the adequacy for inclusion of a pressurized irrigation
system.
ORDINANCES-RESOLUTIONS:
ORDINANCE #244 - Establishing Design Criteria for Berms and Fencing
along Arterial and Collector Streets. After review of the
Ordinance the City Attorney was asked to re-write and return the
Ordinance to Council for review.
MAYOR'S REPORT: URBAN STAGES - The Mayor wanted to know if the
Council has interest in inviting a representative to a pre council
meeting to discuss a bus route. This would be a budget item. The
Council suggested a survey. The Mayor will invite a representative
to address the Council at a future date.
The Mayor asked the City Clerk to report back to Council on the
number of subdivisions and number of 10ts within the subdivisions
that Eagle Water Co., Bob DeShazo, has committed water too. Mona
indicated that she will have a report from Lori, from the Public
Utilities Commission on the water company capability and will
report to the Council. MASNER reported that the Sewer District
will make a decision on the possibility of buying Eagle Water Co.
on May 20.
The Mayor asked that staff send LaRue Bevington a note commending
him on the improvements made on his property. The Mayor also asked
staff to begin the necessary measures to clean up the following
properties:
1. Highway 44, East of Monroc
2. The Eagle Water Co. site (Riverstone Townhouses property)
Moved by MASNER and seconded by YZAGUIRRE to declare the Highway 44
property a "Nuisance". ALL AYE: MOTION CARRIED.
Mona will bring a "Notice To Show Cause" before Council for
approval for both The Water Co. property and the Highway 44
property. The City Clerk asked that other properties,
specifically, those on State St. be included in this proposal.
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CLAIMS AGAINST THE CITY: Moved by YZAGUIRRE and seconded by EASON
to approve the claims as presented. ALL AYE: MOTION CARRIED.
Moved by EASON and seconded by YZAGUIRRE to enter into executive
session to discuss possible litigation. ALL AYE: MOTION CARRIED.
Moved by YZAGUIRRE and seconded by BASTIAN to continue the
executive session discussion until the next meeting.
There being no further business the meeting adjourned at 10:30 p.m.
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