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Minutes - 1994 - City Council - 09/13/1994 - RegularEAGLE CITY COUNCIL MEETING September 13, 1994 Pre Council: Peggy Zurcher asked for consideration in releasing Bill Narver, developer of Kestral Cove, from landscaping requirements made by the Landscape Committee on what will be the Zurcher Plaza portion of the project. Peggy would like to design the landscaping on her portion of the development. The Council agreed, but wants to see the landscape design after approval of the landscape committee. Mr. Schaal asked to speak to Council regarding a sign in the Agricultural area. This is an area outside the design review area where signs are normally not approved. The Council agreed to allow the sign as it advertises an orchard, which is appropriate in an Agricultural area. Reports were given by Council on the Library and Sewer District. Kestral Cove: Stan McHutchinson reported that the original 6 concerns mentioned in his letter of September 9, 1994, were resolved. He also indicated that the additional 4 items initiated by the ditch users as indicated in a letter from Stan McHutchinson and answered by Bill Narver on September 7, 1994, have been addressed. The first 2 have been done, 3 and 4 have been bonded for in the amount of $500. Mr. Narver will complete #3 and Intermountain Gas #4. MASNER recommended that Mr. Cohen, as president of the ditch users, sign off on condition #18 of the Standard Conditions of Approval outlined in the preliminary plat That should be a condition of releasing the plat for recording. BASTIAN agreed with the recommendation and added that if Mr. Cohen will not sign off a special meeting of the Council will be scheduled in which the homeowners will need to address the Council of their concerns. The Eagle City Council met in regular session on September 13, 1994. Mayor GUERBER presiding. The following members were present: RICK YZAGUIRRE, STAN BASTIAN, MORGAN MASNER. Absent: THOMAS EASON Moved by YZAGUIRRE and seconded by MASNER to approve the minutes of the August 23, 1994 meeting as presented. ALL AYE: MOTION CARRIED. Moved by MASNER and seconded by BASTIAN to approve the minutes of the August 30, 1994 meeting as presented. ALL AYE: MOTION CARRIED. ISLAND WOODS WATER SYSTEM: Does the City intend to initiate an integrated water system? We still have an ordinance in place for dedication of water systems. Moved by BASTIAN and seconded by YZAGUIRRE to add for consideration Resolution 92-5 and the dedication of water systems to the agenda. ALL AYE: MOTION CARRIED. BASTIAN recommended that the City stay out of the water business and turn water over to private entities. Moved by BASTIAN and seconded by MASNER to rescind Resolution 92-5. And, to direct the attorney to rescind that portion of the ordinance speaking to the dedication of water systems. ALL AYE: MOTION CARRIED. PUBLIC HEARING/Wintry River Crossing - Subdivision Preliminary Plat APPLICANT: Big Sky Construction Co. (Doug Jayo) TYPE OF APPLICATION: Subdivision Preliminary Plat (flood plain) LOCATION: Southwest corner Floating Feather & Eagle Road PROPOSED LAND USE AND ZONING: R5 (residential), 53.81 acres containing 89 lots, 17 open spaces (including Island lot), 1.63 dwelling units per acre, 1.85 lots per acre gross density Mayor GUERBER announced that this was the time and place set for a public hearing on Wintry River Crossing a subdivision preliminary plat. Steve Bradbury, project attorney representing the owner of the development, presented the development concept to the Council. Open space is 14 1/2 acres or roughly 25% of the project. The Comprehensive Plan calls for 4 units per acre in this area. Central water will be delivered by a central service, whichever is in place. The Dry Creek common area will be enhanced with a wildlife area with natural or native planting, designed by Joyce Gebhardt and approved by the Eagle Landscape Committee. The Dry Creek common area will also be open to the public with a gravel path for the public. If the City chooses, the pathway will be dedicated to the City. There are 2 lots in the floodway. Providing FEMA will remove them from the FEMA map they will be building lots, if not, they will be common lots. Public Testimony: D.K. Allen: in favor Cliff Stephenson: pressurized irrigation system should include the wildlife/pathway area. (submitted a letter from Katie Fite on wildlife) Frank Stopello: opposed. It effects the open areas, and effects property values of the general population of Eagle. Should have special studies on this development. No study has been done as suggested by the Comprehensive Plan. Eleanor Chase: in favor if elevated should not have a flooding problem. Russ Breashers: opposed - not given enough information or studies done on flooding, dry creek and wildlife. Still does not meet the intent of the Comprehensive Plan. The meeting was temporarily interrupted due to tape failure. Moved by YZAGUIRRE and seconded by BASTIAN to consider the Seven Mile Lounge Clarification of Development Agreement at this time. ALL AYE: MOTION CARRIED. Moved by BASTIAN and seconded by MASNER to continue the issue for 2 weeks. ALL AYE: MOTION CARRIED. Due to tape failure the public hearing regarding Wintry River began again with the opening of the public hearing and presentation by Mr. Bradbury outlining the project. Public testimony given is indicated above, and continued as follows: Dave Corniola Pictures were previously submitted. Wants to be assured as part of the record. Dave Roylance: would like to speak in rebuttal Glida Bothwell opposed - supports testimony of Frank Stoppello. Concerned about traffic, water supply, irrigation, the ACHD 3 acre requirement and the effect on the entrance. Concerned about flooding, loss of farmland Written Testimony: a petition in opposition was presented with 23 signatures. Public hearing closed at 11:20 p.m. Moved by YZAGUIRRE and seconded by BASTIAN to approve the preliminary plat with the Standard Conditions of Approval, P&Z recommendations and the following additional items: Will be a review before final plat approval in a public hearing format and provide to the Council and public hydrological and biologic studies supporting the project. Professional landscape plan speaking to wildlife areas and irrigation of the landscaped areas, to be reviewed by Eagle Landscape Committee. Provide certification by FEMA that there will be no danger to public health due to flooding. Public access to all open spaces throughout subdivision. Property must be in franchise service area prior to final plat approval. Pressurized irrigation system is required throughout the development. o Hydrological study to determine height, depth & flow of Dry Creek for this development & adjoining properties. Biological evaluation to be done & reviewed by Dept. of Fish & Game for comment. AYE: YZAGUIRRE, BASTIAN. NAY: MASNER. MOTION CARRIED. PUBLIC HEARING/Ordinance #248 - zoning Chinden Bench properties. Mayor GUERBER announced that this was the time and place set for a public hearing on zoning, after annexation, of the Chinden Bench properties to R1. Public Testimony: Jean Lujak, opposed to Ri zoning Dolores Myers: opposed to R1 Moved by MASNER and seconded by BASTIAN to continue the public hearing in two weeks. ALL AYE: MOTION CARRIED. Moved by MASNER and seconded by BASTIAN to continue the remainder of the agenda with the exceptions as follows. ALL AYE: MOTION CARRIED. EDGEWOOD: YZAGUIRRE requested Council meet with the Marvin family to address the ACHD plans for Edgewood. The Council agreed to meet them at 6:00 p.m. at the next pre council meeting. CLAIMS AGAINST THE CITY: Moved by BASTIAN and seconded by YZAGUIRRE to pay 1/2 of the $126.00 recreation bill for the cleaning of mats and mops; to charge water users for the DEQ annual assessment dues. ALL AYE: MOTION CARRIED. Moved by YZAGUIRRE and seconded by BASTIAN to pay the remainder of claims as presented. ALL AYE: MOTION CARRIED. BRIGHTON DISCUSSION: A meeting should be established between the Eagle City Council, Brighton representatives and Boise officials to discuss the issue. There being no further business the meeting adjourned at 12:10 p.m.