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Minutes - 1991 - City Council - 10/22/1991 - Regular EAGLE CITY COUNCIL MEETING October 22, 1991! The Eagle City Council met in regular session on October 22, 1991. Mayor GUERBER presiding. The following members were present: WALKER, RICK YZAGUIRRE, TOM MINOW. Moved by YZAGUIRRE and seconded by HAMMONS to approve the minutes of the October~, 1991 meeting as presented. ALL AYE: MOTION CARRIED. 'ï ~ STEVE HAMMONS, GARY PUBLIC HEARING/Ordinance #192, an amendment to Eagle City Code, Section 8-3-2. Mayor GUERBER announced that this was the time and place set for a public hearing on an amendment to the Eagle City Code. There was no public testimony and the public hearing closed at 7:35 p.m. Moved by MINOW and seconded by WALKER to dispense with the three day ruling and to consider Ordinance #192 at this time. ALL AYE: MOTION CARRIED. Moved by MINOW and seconded by YZAGUIRRE to adopt Ordinance #192 Amending Section 8-3-2, Eagle City code, to allow mobile homes occupied by a family member to be located upon a lot upon which a single family dwelling is located. ALL AYE: MOTION CARRIED. PUBLIC HEARING/Melvin's Eagle Point #3: Mayor GUERBER announced that this was the time and place set for a public hearing on Melvin's Eagle point # 3 Subdivision. Applicant: Location: Proposal: Max A. Boesinger, Inc. 966 N. Edgewood Ln. Eagle Preliminary plat approval There was no public testimony. Public hearing closed at 8:00 p.m. The developer, Richard Boesinger, advised Council that the land use intend is to plat, but not to build at the present time as the Department of Environmental Quality has stopped the future development to the project until the water situation is solved. It is their desire to go ahead and make the improvement and widen Edgewood to approve the appearance and present access. Also, they have asked DEQ for an exception on the existing Lindsay house, within the subdivision, in order to sell it. Moved by YZAGUIRRE and seconded by MTNOW to approve the proposed preliminary plat of phase #3 with the Eagle City standard conditions. ALL AYE: MOTION CARRIED. PUBLIC HEARING/Zoning Prime Earth/Dowding manufacturing property. Mayor GUERBER announced that this was the time and place set for a public hearing on the two properties that were improperly noticed and required to rezone to meet City and State Codes. Location: Proposal: Prime Earth-Eagle Land Co./Ray Dowding & Stahl-Idaho Sand and Gravel Hill Road and Highway 55 rezone, M3 zoning null and void Applicant: Public testimony: Opposed: Robert Beckworth Daryl Tague susan Gregory Presentation of a memorandum by Lyman Belnap, attorney for Prime Earth. (memorandum presented to City Hall prior to 5:00 p.m. today) Public hearing closed at 8:25 p.m. Concerns of the public: health and safety problems, inadequate bonding, decrease in property values, noise, inappropriate location. Moved by MINOW and seconded by WALKER to continue the public hearing for purposes of deliberation and decision only and to close the public portion of the hearing at this time. ALL AYE: MOTION CARRIED. Ada County Transmittals: 91-45-PDR/ a 10 lot PUD: Moved by YZAGUIRRE and seconded by WALKER to approve Ada County Transmittal as presented. ALL AYE: MOTION CARRIED. PRESENTATION by Tom Croslin for annexation for the 7 Mile Lounge, located at the corner of Chinden Blvd and the E side of Eagle Rd. Mr. Croslin asked for annexation and commercial zoning in order to secure a liquor license previously issued by the City of Eagle to a former bar owner. By Council directive the City Clerk is to begin the annexation process for the 7 Mile Lounge and contiguous land to the point of Fall Creek Subdivision, which has already applied for annexation. PRESENTATION by LaRue Bevington regarding Irrigation Districts. regarding incorporating a policy that irrigation within a subdivision in which ground water should be used for domestic purposes not irrigation which can be accomplished with drain water. There are specifications set up by other entities to implement this policy. The Mayor will contact Mr. Bevington within the next few days to discuss it further. PRESENTATION by the Eagle United Methodist Church for permission to occupy the building prior to obtaining a occupancy permit due to the parking lot and landscaping not being complete. The paving will be complete within a short time, the landscaping as time and weather permits. Moved by WALKER and seconded by MINOW to grant church activities with a temporary occupancy permit in order to utilize the church while the paving is in progress, and to complete the landscaping as soon as time and weather permits. ALL AYE: MOTION CARRIED. GEM STATE MEMORANDUM: Moved by MINOW and seconded by YZAGUIRRE to execute the Memorandum and to designate Barbara Montgomery, Eagle City Clerk to be the "contact person". CLAUETTE YOUNG-REZONE: Ms. Young requested withdrawal of the application for this meeting. Moved by WALKER and seconded by YZAGUIRRE to accept the withdrawal. AYE: WALKER, YZAGUIRRE. Abstain: MINOW. Findings of Fact and Conclusions of Law/ Martin. Moved by WALKER and seconded by MINOW to approve the findings and conclusions as presented. ALL AYE: MOTION CARRIED. MAYOR'S REPORT: CONSTRUCTION REPORT: construction on the corner of Eagle Rd. and State St. will proceed later this week. The biding procedures have been met by the State Transportation Dept. The cost will be approximately $12,500-$13,000 for the repair work, which will include sidewalk repair, underground irrigation and power. Those expenditures will be met with LID funds. Moved by MINOW and seconded by YZAGUIRRE to proceed with the contracted work at the intersection of Eagle Rd. and State Street included in the downtown rejuvenation project. ALL AYE: MOTION CARRIED. COMMITTEE REPORTS: Moved by MINOW and seconded by WALKER to purchase a gift certificate at a restaurant for Don Crawford in the amount of $50.00. the certificate will be our way of thanking Mr. Crawford for the snow removal and cutting of weeds he has done around the area. FAX: Moved by WALKER and seconded by MINOW to purchase the fax in the amount of $1,990. from Idaho Photo Copy Co., with a maintenance agreement. ALL AYE: MOTION CARRIED. Moved by WALKER and seconded by MINOW to purchase a maintenance agreement on the furnace from Protex Systems, Inc. The City Clerk was instructed to notify the Ada County Sheriff's office to monitor the streets sides and alleys off of State St., especially First Street and Aikens for traffic violations. CLAIMS AGAINST THE CITY: Moved by WALKER and seconded by MINOW to approve the claims as presented. ALL AYE: MOTION CARRIED. Moved by WALKER and seconded by MINOW to adjourn the regular meeting and to go into executive session regarding purchase of real property. ALL AYE: MOTION CARRIED. Regular session resumed at 10:05 p.m. Moved by MINOW and seconded by WALKER to condition the purchase of the Mendiola property on a favorable response to an environmental audit that will need to be completed prior to an agreement. There being no further business the meeting adjourned at 10:10 p.m.