Minutes - 1994 - City Council - 06/14/1994 - RegularEAGLE CITY COUNCIL MEETING
June 1%, 199%
Pre Council~ Debbie Ruggles and Charles Trainer approached the
Council regarding the possibility of establishing bus service in
Eagle through Boise Urban Stages. In order to accomplish this a
planned route would have to be established, citizen involvement
would be important and a fee schedule initiated. A survey would
probably be the best method to find the needs of the community.
They suggested the survey take place in the fall and establish the
bus line in April, 1995. The cost range would run $%3,000 gross
costs for maximum trips and $36,000, net cost, per year. It would
be advisable to put a task force committee together in order to
study the project.
The P&Z report was given by Mary Berent.
Stan Bastian and Morgan Masner are going to switch committees for
the months of June and July. Councilman Masner will attend the P&Z
meetings and Councilman Bastian will attend the Landscaping
Committee meetings.
The Eagle City Council met in regular session on June 14, 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 May 24, 1994 meeting as presented. ALL AYE: MOTION CARRIED.
PUBLIC HEARING/WINTRY RIVER CROSSING - Subdivision Preliminary Plat
Mayor GUERBER announced that this was the time and place set for a
public hearing on Wintry River Crossing preliminary plat.
Applicant:
Location:
Proposal:
Big Sky Construction Co. (Doug Jayo)
Southwest corner Floating Feather & Eagle Road
R5 (residential), 53.81 acres containing 89 lots,
open spaces (including Island lot), 1.65 dwelling
units per acre, 1.85 lots per acre gross density
The Project Engineer outlined the project for the Council. The
proposal includes a 200 ft. or greater to 400 ft or more in the
floodway. The plan has been changed to reflect that and other
changes.
Public Testimony: In favor: D.K. (Keith) Allen, Helen Allen
Opposed: Frank Stoppello, Russ Buschert, Glida Bothwell
Concerns of the public: violates Hazards section of the Eagle
Comprehensive Plan, building in the floodway which may effect other
properties, it establishes a precedence for floodway/floodplain
areas, density, violates the natural state that exists along Dry
Creek.
Public hearing closed at 8:20 p.m.
Moved by BASTIAN and seconded by MASNER to remand the new
preliminary plat presented tonight to Eagle Planning and Zoning for
public hearing and notice procedures and withdraw this application
from consideration by Council at this time. ALL AYE: MOTION
CARRIED.
BASTIAN suggested the Council re-visit the Comprehensive Plan
regarding the policy on floodplain/floodway. The other issue, the
parks and recreation question and the idea of perpetual enjoyment,
may have to be pursued by the City by purchasing such areas.
Special areas and sites must be designated as such.
PERIWINKLE SUBDIVISION-EAGLE APTS/DESIGN REVIEW-LANDSCAPING:
Moved by YZAGUIRRE and seconded by BASTIAN to approve the
application as presented. ALL AYE: MOTION CARRIED.
COMPUTER BIDS:
Moved by BASTIAN and seconded by YZAGUIRRE to approve the computer
bids for a lap-top computer for a 46 SL25, $1,425, and the Ethernet
hookup fee of $399. ALL AYE: MOTION CARRIED.
GREAT SKY SUBDIVISION - review of pathway plan: YZAGUIRRE
explained that the Pathway/Greenbelt Com~aittee recommended an
overlay easement for the pathway of 10 ft on the outside perimeter.
Moved by YZAGUIRRE to require the easement along the ditch bank
easement where appropriate.
The motion was withdrawn.
There are 2 common lots for pathways, set aside. One lot is taken
from SH 55 and is the current location of N. Dry Creek. The second
lot is the new location for New Dry Creek.
The City Attorney suggested the Council establish a policy
statement regarding overlaying easements in subdivisions for
pathway purposes.
Moved by YZAGUIRRE and seconded by BASTIAN to have the developer
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locate a pathway on the property and submit the plan to the
Pathway/Greenbelt Committee for approval. To overlay the north Dry
Creek easement with a City easement and require 10 ft. gravel path.
ALL AYE: MOTION CARRIED.
Moved by YZAGUIRRE and seconded by BASTIAN to reconsider the
previous motion. ALL AYE: MOTION CARRIED.
Moved by YZAGUIRRE and seconded by MASNER to continue this matter
until NLr. Evans has the opportunity to meet with the
Pathway/Greenbelt Committee and return with a recommendation from
the Committee at the next Council meeting, further, to direct the
City Clerk to sign the final plat for recording. ALL AYE: MOTION
CARRIED.
FINDINGS OF FACT AND CONCLUSIONS OF LAW:
Moved by BASTIAN and seconded by EASON to approve the findings as
presented for Van Engelen Estates Subdivision, Swanson CUP and
rezone and Echohawk Subdivision. ALL AYE: MOTION CARRIED.
Eagle City Planner's Contract: Moved by EASON and seconded by
MASNER to accept the City Planner's Contract with the changes
recommended by legal Council regarding indemnification. ALL AYE:
MOTION CARRIED.
ORDINANCES-RESOLUTIONS:
Moved by BASTIAN and seconded by EASON to adopt Ordinance #237, an
annexation ordinance, annexing the Chinden bench properties with an
amendment to strike the section referencing Exhibit A&B and adding
the words "Section one above" ALL AYE: MOTION CARRIED.
Discussion regarding the annexation and zoning of the Chinden bench
properties resulted in the Council asking the City Clerk to
advertise said properties for R1 zoning pursuant to the notice and
procedures regulations.
Moved by BASTIAN and seconded by MASNER to dispense with the three
day ruling and to consider Ordinance 244, an ordinance establishing
criteria for berms and fencing, at this time. ALL AYE: MOTION
CARRIED.
Moved by BASTIAN and seconded by YZAGUIRRE to adopt Ordinance #244
as presented. ALL AYE: MOTION CARRIED.
Ordinance #247, Prohibiting Rubbish: Moved by BASTIAN and seconded
by YZAGUIRRE to go through the first reading only. The Ordinance
was read by title.
ATTORNEY'S REPORT: The Echo Creek Subdivision #1-Dept of Water
Resources letter regarding non-compliance was discussed. The
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developer maintains the system is in place. Those that are not
using the system do not have landscaping or are in the process of
landscaping and have no use for the water at this time. Only
surface irrigation water is being used at this time. The City
Attorney stated that the burden of proof is on the City to the
Dept. of Water Resources. The City would request of the court
specificate performance that regard and order the property owners
to connect or cease and desist or be in contempt of court. At this
time we cannot confirm that those that refuse the connection are
using the water. The letter mandates 24 hour compliance. The City
Engineer, Stan McHutchinson was asked to assess the situation and
report to the Dept. of Water Resources and back to Council. Moved
by EASON and seconded by MASNER to resolve the matter within 24
hours or take such action as necessary within 24 hours. The
Engineer will need to confirm findings and contact Dave Tuthill at
the Dept. of Water Resources. ALL AYE: MOTION CARRIED.
The Joint Parks agreement: The City Attorney will meet with Dave
Abo, Ada County Development Services, regarding a joint property
agreement. Amanda Horton intends to submit the proposal to the
Boise City Council and then will forward it to Eagle.
BRIGHTON SUIT: There has been no answer from Boise regarding the
litigation.
ENGINEER'S REPORT: Kestral Cove CC&R's were discussed.
Moved by EASON and seconded by bIASNER not to require Kestral Cove
Subdivision to return to Council regarding the final plat, but the
CC&R's are to include language that if the ditch does not function,
any injuries sustained by the lateral ditch users as a result of
the change in the ditch either as design problems or additional
maintenance costs, a "general harm and responsibility" clause to
protect the lateral ditch users, it is the responsibility of the
homeowners, at their expense to correct the problems. ALL AYE:
MOTION CARRIED.
Monuments: The City Engineer advised the Council that he believes
it is the responsibility of the City to replace the property corner
monument on the corner of the Kathy Roberts property. The cost
will be approximately $200. Moved by EASON and seconded by BASTIAN
to approve the cost to replace the monument on the Roberts
property.
The City Clerk asked for Council permission to write a letter to
the City of Boise requested by a property owner and Boise regarding
Eagle's endorsing sewer service through Boise to the Chinden bench
area. Moved by EASON and seconded by YZAGUIRRE to write a letter
conveying no objections to sewer service to the Chinden bench area
within the Eagle Impact Area. ALL AYE: MOTION CARRIED.
The Mayor announced Russ Mayer as his nomination for the Planning
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and Zoning Commission. The matter was continued until the next
regular Council session.
Moved by EASON and seconded by YZAGUIRRE to adjourn to executive
session regarding personnel and possible litigation. ALL AYE:
MOTION CARRIED. The time Was 10:42 p.m.
The City Council re-convened at 12:10 a.m.
Moved by YZAGUIRRE and seconded by BASTIAN to approve the claims as
presented. ALL AYE: MOTION CARRIED.
Moved by EASON and seconded by YZAGUIRRE to approve the recreation
claims as presented. ALL AYE: MOTION CARRIED.
There be~qg no furt
~BARA MON~-GOM~k~f:
~YOR STEVE GUERBE
!%~u.~ the meeting adjourned at 12:15 a.m.
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