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.