Minutes - 1994 - City Council - 07/26/1994 - RegularEAGLE CITY COUNCIL MEETING
July 26, 1994
DUDLEY PROPERTY: Presentation by Mike Miller. The property is
located at Beacon Light Rd. and Park Lane in the Eagle Impact Area.
The developer would like to build lots with less density than the
Eagle Comprehensive Plan designates. Council members indicated
they would need to comply with 2 acre lots or perhaps consider a
PUD. The Council members related they were not interested in
amending the Comprehensive Plan.
KEN SMITH, Chairman for the Eagle P&Z Commission, proposed an
expansion of the impact area. The area being considered is
approximately one mile north of Homer Rd and east of SH55. The
Council asked for a formal proposal and recommendation from P&Z.
Public hearings would probably be held before any formal
application before the County Commissioners.
FIRST SECURITY PROPOSAL: A temporary mobile office for bank use.
The bank officials outlined the proposal and use. The City
Attorney indicated they could apply for a CUP. The City Clerk told
them of the need to apply for landscaping and design review. They
need to explore the access and egress and sewer and water
questions.
The P&Z report was given by Ken Smith.
The City Clerk asked Council consideration to seek professional aid
in amending the design review code. The Council would like to see
a bid from The Land Group on professional services to amend the
design review code. The City of Boise is attempting annexation of
the property located south of Chinden Blvd. and west of Eagle Rd.
A portion of Chinden Blvd., on the south side, has been annexed by
Eagle at the time of the BanBury annexation. The City Clerk would
like Council direction in determining whether the City has an
objection to that portion of Chinden being annexed by Boise. The
City Engineer talked to the State Tax Commission and they will make
a determination on the legality of the previous annexation by
Eagle.
The Eagle City Council met in regular session on July 26, 1994.
Council President YZAGUIRRE presided in Mayor GUERBER's absence.
The following members were present: RICK YZAGUIRRE, STAN BASTIAN,
MORGAN MASNER. Absent: THOMAS EASON.
Moved by MASNER and seconded by BASTIAN to approve the minutes of
the July 14, 1994, meeting as presented. ALL AYE: MOTION
CARRIED.
JOHN BROWNING/DEV AGREEMENT: The rezone application and the
lots, canal will occupy 35 ft east of the access road and the
pathway should be placed on the 5 ft on the eastern side. The City
can enter into an easement agreement whereby he would grant an
easement to the City for lot 2 Block 9, the entire parcel, and that
the provisions would read that City would use only the easterly 5
ft. for public access, so long as the New Dry Creek uses the canal
and is in the water delivery business which would provide the
easterly 5 ft for access so that the New Dry Creek was protected,
however, if the ditch is not used in the future the easement of 60
ft is provided to the city. The construction of the pathway should
be delayed, but money put into an escrow account, until the
improvement of the SH55 is made, and a place to put the path. The
pathway committee supports this concept, but without a paved path.
Mr. Evans said there is a disagreement that this is an exclusive
easement with New Dry Creek. A determination must be made before
a pathway is constructed. He would be interested in some
protection if the ditch company decides to take action against a
pathway in that area. Mr. Evans requests discussion with the city
attorney on a proposal he would like to bring to the city granting
an easement, triggered by taking of the land. The proposal would
ask the City to agree to using only 5 ft on the east side, and the
possibility of a 60 ft dedication to the city in the future when
the ditch is no longer in use. He will bring the agreement back to
the Council for approval.
Moved by YZAGUIRRE and seconded by BASTIAN to have the City
Attorney and RICK YZAGUIRRE meet with John Evans to formalize a
proposal to bring back to Council. ALL AYE: MOTION CARRIED.
RECREATION CONTRACT: Moved by YZAGUIRRE and seconded by BASTIAN to
continue the line item regarding the contract until a later date.
ALL AYE: MOTION CARRIED.
MELVIN'S EAGLE POINT/FINAL PLAT #9: Moved by BASTIAN and seconded
by MASNER to approve the final plat with the conditions of
approval. ALL AYE: MOTION CARRIED.
ADA COUNTY TRANSMITTAL 94-38-PDR/94-17~PR HIDDEN ACRES:
Moved by YZAGUIRRE and seconded by BASTIAN to approve
transmittal as presented. ALL AYE: MOTION CARRIED.
the
ADA COUNTY TRANSMITTAL 94-27-ZC STILWELL: (REZONE) Scott Stilwell
presented the concept to the council. He will meet the Eagle
Comprehensive Plan density, but the county has no zoning that is
appropriate° He will submit a preliminary plat to support the
rezone. Moved by BASTIAN and seconded by MASNER to approve the
transmittal as presented. ALL AYE: MOTION CARRIED.
ARBORETUM BIDS: The bid to approve $4,770 for approval of final
plans for the arboretum was proposed. Moved by YZAGUIRRE seconded
by MASNER to continue the issue until more information can be
obtained regarding the grant. ALL AYE: MOTION CARRIED.
provisions of the development agreement, presented tonight by Mr.
Browning would satisfy the provisions of the development agreement.
There was no termination date given
on the application by CoUncil On the original application and
approval, given in 1993, but not executed. The Development
Agreement is now before Council and a determination by the City
Attorney is that it is appropriate to be before the Council for
consideration. The City Clerk outlined the project and the
history. Moved by YZAGUIRRE and seconded by MASNER to approve the
development agreement with the conditions of approval previously
set by Council. ALL AYE: MOTION CARRIED.
Mr. Browning agrees to submit the landscaping plan to the Eagle
City Landscaping Committee for approval.
KESTRAL COVE/IRRIGATION: The concerns of property owners regarding
the ditch problems were expressed by the City Engineer. He
indicated that those concerned with the water in the ditch are
present tonight. Hopefully, with all present, a resolution can be
made. A general discussion needs to take place with the ditch
users.
Jerry Hedrick the water has been cut back. The users want it
restored to the way it was. You can't take vested water rights
away. (same volume and same way.) Now it's whenever you can get
it.
Bill Cohen - The problem is not just east of the project. The
problem is upstream as well as downstream. They only have 50% of
the water flow that used to be. They need to install in the riser
box a valve in order to open and shut it.
Carl Winecott- First they put a 4 inch main, and received no
water. Then they put in a 8 inch and all was working well, but the
plastic broke and now there is a lack of water again. They asked
for a 12 inch main and got a 8 inch main.
Norm Revels - The whole thing has been incorrectly done in the
beginning. There was no notification given the ditch users. If
any alteration is done there will be notification to the ditch
users. There was none. The way it is being handled is wrong.
There is no input. The concerns of the ditch users are not
addressed.
Bill Narver the developer of the project indicated he went
through all the city processes, P&Z and Council..
Dave Roylance - Project Engineer. It is the responsibility of the
developer to see that the ditch users have the same amount of
water. They believe they can solve the problems. The system can
carry more water than before.
The developer needs to meet with the City Engineer and a person the
ditch users appoint and negotiate and agreement. This should have
guidelines by the City Engineer. This needs to be initiated at
once, and no final approval for building in this subdivision should
be given.
Randall Fredricks, attorney - The owner of the land must take care
of future problems. Since there will be a homeowners association
they will be responsible.
Mark Guho what will be d~e-'~o '~h~ W~S~? Bosanka developer
installed a 15 inch pipe, so it has gone from 15 inch pipe to 12
and then to 8, a 75% reduction. With the reduction in pipe we have
extensive flooding, including Eagle Wing Development and Bosanka.
Rick Roe - Met with Stan and will work with him. The ditch users
need to work with the developers, everyone needs to work together.
Sheri Sharp - would like a response to her letters or inquiries,
cannot water the field anymore since the Kestral irrigation
problem.
David Mallory - There is no water pressure or enough water to
water his property.
Moved by Masner and seconded by Bastian to withdraw final approval
and determine the conditions of approval have not been met. MOTION
WITHDRAWN.
Moved by MASNER and seconded by BASTIAN to remove the City
Engineer's signature. The signature will not be provided on the
final plat until condition #18 has been met and satisfied. MOTION
CARRIED.
Moved by MASNER to have the City Engineer design the size (plan)
and method of executing the plan for the pipe for all the
developments in the area. The motion died for lack of a second.
Moved by Bastian and seconded YZAGUIRRE to withhold approval of
all final plats and the City Engineer's signature on final sign off
of plats until condition #18 is satisfied by coming to the City
Council for approval. ALL AYE: MOTION CARRIED.
The City Attorney will write a letter to the County Engineer
pulling the City Engineer's signature from the final plat for the
subdivisions in question.
COMMERCIAL CONDITIONS: Moved by YZAGUIRRE and seconded by BASTIAN
to continued the issue. ALL AYE: MOTION CARRIED.
GREAT SKY PATHWAY: John Evans addressed the pathway to council.
The State of Idaho Dept. of Transportation will be taking a strip
along the eastern side of this subdivision for SH55 relocation.
New Dry Creek will move to the west. The canal will be
approximately 700 ft. long and 60 ft. wide. His proposal to the
City would be the access road be on the west side, adjacent to the
YZAGUIRRE advised the Council that Mary Ann wilcox will no longer
be the recreation director as of August 31.
CLAIMS AGAINST THE CITY~ Moved YZAGUIRRE and seconded by BASTIAN to
approve the claims as presented. ALL AYE: MOTION CARRIED.
There being no further business the meeting adjourned at 10:30 p.m.
~spec,~ ~ubmitted.'
EAGS~ ~C ITY CLERK~ ~
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