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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 2 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 3 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 4 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. ~ ~ .... ~,, ,, 5