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Minutes - 1991 - City Council - 10/08/1991 - Regular ~ EAGLE CITY COUNCIL MEETING October 8, 1991 The Eagle City Council met in regular session on October 8, 1991. Mayor GUERBER presiding. The following members were present: WALKER, RICK YZAGUIRRE, TOM MINOW. Moved by WALKER and seconded by YZAGUIRRE to approve the minutes of the September 24, 1991 meeting as presented. ALL AYE: MOTION CARRIED. STEVE HAMMONS, GARY PUBLIC HEARING/YOUNG REZONE Councilman TOM MINOW announced that he has a conflict of interest in regards to this application and will abstain from Council participation. Instead he will be presented the proposal for Ms. Young. Mayor GUERBER announced that this was the time and place set for a public hearing on Claudette Young, a rezone application. Applicant: Location: Proposal: Claudette Young S side of State St, W of Harlan Dr 1. Front portion zoned C2: restaurant, gift shop,office, owners apartment, 15 units for seniors 2. Back portion zoned R5:(request for C2) RV Park Presentation by Tom Minow included that the owner did not intend establishing a RV park, but instead would like to designate the back portion to senior citizen apartment complexes, compatible with the front portion. This would be built in phases, as the need arose. The front portion of the property is about 3 acres total. Drawings were presented to Council of the proposal. Public Testimony-Opposed: Francis Transtram, Richard Peterson, Julie Thompson, Dave Tweedy. Concerns of the public: objections to commercial in the area, property values, & traffic. Public hearing closed at 7:45 p.m. Moved by WALKER and seconded by YZAGUIRRE to continue the hearing in order to study the issue, and be provided with the following points of clarification: 1. how many of the other uses are essential, specifically the gift shop and restaurant for public use; 2. how many units would be in the completed project, giving us what density is needed; 3. how many vehicles in this project, what kind of traffic would it generate; 4. what would it look like, the landscaping, setbacks, burms, especially backing up to Harlan Place; 5. what assurance is there that this project would take place and not another project allowed in this commercial area. ALL AYE: MOTION CARRIED. PUBLIC HEARING/MARTIN VARIANCE Mayor GUERBER announced that this was the time and place set for a public hearing on Steve Martin, a Variance application. Applicant: Location: proposal: Steve Martin 60 S Eagle Rd. A setback variance from 7 1/2 ft. side setback to 2 ft side set back in order to enlarge an existing garage already built at 2 ft from the property line. Public Testimony-none Public hearing closed at 8:05 p.m. Moved by HAMMONS and seconded by YZAGUIRRE to approve the application as presented with the condition that any building will remain within the set back code (71/2 ft.) on the alley side (N) and comply with all building codes. Ada County Transmittal: 90-51-CU/Eberhardt Moved by HAMMONS and seconded by WALKER to approve Ada County Transmittal 91-51-CU as presented. ALL AYE: MOTION CARRIED. Ada County Transmittal: 91-49-CU/Jackson Moved by WALKER and seconded by HAMMONS to approve Ada County Transmittal 91-49-CU as presented. ALL AYE: MOTION CARRIED. APPOINTMENTS: Mayor GUERBER proposed the designation of Karma Herrick for election judge and Carol Deckard and Carol West for election clerks for the upcoming election for Council consideration. Moved by WALKER seconded by HAMMONS that approval be given to the appointments. ALL AYE: MOTION CARRIED. CONNOLLY SUBDIVISION-Application for final plat approval for Connolly Subdivision, a subdivision in the Eagle impact area. Moved by YZAGUIRRE and seconded by WALKER to approve the application of the final plat as presented. ALL AYE: MOTION CARRIED. Moved by WALKER and seconded by YZAGUIRRE to add item E of the agenda to be discussed at this time. ALL AYE: MOTION CARRIED. MCCLOSKEY COMPLAINT-regarding the operations of the rock crushing on the Idaho Transportation land, located on the corner of Dicky and Hill Rd. The nature of the complaint is the dust, noise and safety factors in the area. There is a concern that the owners recently obtained a permit from Ada County regarding this operation. The City Clerk has not been able to confirm this information. Moved by HAMMONS and seconded by YZAGUIRRE to find out who has jurisdiction and pole Council as to what direction to take regarding action on this matter. ORDINANCES: Moved by MINOW and seconded by HAMMONS to dispense with the three day ruling and to consider Ordinance 193 at this time. ALL AYE: MOTION CARRIED. Moved by MINOW and seconded by YZAGUIRRE to approve Ordinance #193 an Ordinance changing the zoning classification of real property from C3, Commercial Classification to R5, Residential. DEVELOPMENT AGREEMENT discussion regarding a new ordinance for the city in which an agreement on land use is enacted. Moved by MINOW and seconded by WALKER to study the proposed agreement and pool Council within the week to decide if the agreement should be put in proper form and go through the public hearing process. RANDALL ACRES: Report on the process given to Council by the City Clerk, Barbara Montgomery on the clean up efforts in the subdivision. MONA MACK introduced a new associate to the law firm, Buzz Grant, who will assist her with legal matters with the City of Eagle. HORIZONS: The Council agreed to meet with the Horizons Task Force and Eagle Planning and zoning at 2:00 p.m. on October 21, 1991. PARKS: WALKER informed the Council that he had selected Troutman Landscaping to work on the hillside problem at O.K. Park. WALKER was asked by the Council at the previous meeting to get bids and make a selection. MAYOR GUERBER asked Senior Citizen president, Earl Cohick to participate in the new APA Regional Transit Plan committee and asked for a motion on the nominee. Moved by WALKER and seconded by YZAGUIRRE to approve the appointment. ALL AYE: MOTION CARRIED. CLAIMS AGAINST THE CITY: Moved by WALKER and seconded by MINOW to approve the claims as presented including the re-striping of the City parking lot. ALL AYE: MOTION CARRIED. Moved by MINOW and seconded by HAMMONS to go into executive session to discuss land acquisition and possible litigation. ALL AYE: MOTION CARRIED. The time was 9:00 p.m. Regular Council session resumed at 10:20 p.m. Moved by HAMMONS and seconded by MINOW that the City of Eagle repudiation of the Agreements for the purchase of the Mendiola property, dated March 26 and March 28, 1991 and that all actions taken by the City Attorney on behalf of the City regarding the purchase of said property be ratified. ALL AYE: MOTION CARRIED. Moved by HAMMONS and seconded by WALKER to further move that the City seek grant monies with which to make an offer to purchase the Mendiola property and that such action not be deemed a ratification of the earlier repudiated agreements. ALL AYE: MOTION CARRIED. There being no further business the meeting adjourned at 10:25 p.m. AP<;t ~" MAYOR STEVE GUERBER