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Minutes - 1991 - City Council - 11/12/1991 - Regular EAGLE CITY COUNCIL MEETING November 12 ,1991 Pre-Council convened at 6:30. Moved by YZAGUIRRE and seconded by WALKER to move into executive session for the discussion of land acquisition. ALL AYE: MOTION CARRIED. Executive session adjourned at 7:15 p.m. The Eagle City Council met in regular session on November 12, 1991. Mayor GUERBER presiding. The following members were present: YZAGUIRRE, TOM MINOW. GARY WALKER, RICK Moved by MINOW and seconded by WALKER to approve the minutes of the October 22, 1991 meeting as presented. ALL AYE: MOTION CARRIED. EAGLE HORIZON TASK FORCE PRESENTATION: Phil Whitener representative of the Eagle Horizon Task force presented council with a report consisting of Recomendations for the City of Eagle, Policy Plan and Statement for Comprehensive Plan, and a Land Use Map. PHIL WHITENER made a request for personal reimbursement in the amount of $2816.41 for funds that he spent to expedite the Eagle Horizon to Task Force. Moved by YZAGUIRRE seconded by MINOW to dissolve the Eagle Horizon Task Force ALL AYE: MOTION CARRIED PRIME EARTH/DOWDING Zoning deliberation and decision: Letter received from Lyman Belnap, attorney for Prime Earth addressing notice requirements and grandfather rights (Was delivered to City Hall prior to 5:00 p.m. today). Moved by MINOW seconded by WALKER to rezone both parcels (Prime Earth & Idaho Sand & Gravel/Dowding) to M-2 with additional stipulations to be set down through negotiations presented at the November 26, 1991 Council meeting. ALL AYE: MOTION CARRIED --- -~'--"-------~- ,- FINDINGS OF FACT & CONCLUSIONS OF LAW/MELVINS EAGLE POINTE SUBDIVISION #3: Moved by WALKER seconded by YZAGUIRRE to approve the Findings of Fact & Conclusions of Law of Melvins Eagle pointe # 3 as presented. ALL AYE: MOTION CARRIED EMPIRE ESTATES FINAL PLAT: Moved by MINOW seconded by WALKER to approve the final plat of Empire Estates as presented. ALL AYE: MOTION CARRIED CAMERON ESTATES FINAL PLAT: Moved by MINOW seconded by YZAGUIRRE to approve the final plat of Cameron Estates as recommended by Planning and Zoning Commission ALL AYE: MOTION CARRIED MELVINS EAGLE POINTE SUBDIVISION #3 FINAL PLAT: Moved by MINOW and seconded by YZAGUIRRE to approve Melvins Eagle pointe Subdivision #3 final plat conditional on water & sewer hook-up, and subdivision requirements set forth by the City of Eagle. ALL AYE: MOTION CARRIED AYE: TRANSPORTATION MITIGATION TASK FORCE: Draft Report on the Eagle Alternate Route mitigation has been completed. Areas of concern were: Wet Lands Greenbelt River habitat and disturbance of water fowl River Access Parking Wildlife protection Natural preservation Noise factor that the highway is going to create and the wildlife that will be effected by the alternate route. Moved by WALKER seconded by YZAGUIRRE to endorse the draft report on the Eagle Mitigation. ALL AYE: MOTION CARRIED City will write letter endorsing the draft report on the Eagle Alternate Route to be delivered on friday to the Idaho Department of Transportation District III Mitigation Committee. APPOINTMENTS: CITY COUNCIL/PLANNING & ZONING Mayor GUERBER presented the appointment of Tom Eason to serve out the remaining term of Steve Hammons who resigned from the council effective November 12, 1991. Moved by MINOW seconded by YZAGUIRRE that approval be given to the appointment of Tom Eason for City Council. ALL AYE: MOTION CARRIED Mayor GUERBER presented the appointment of a replacement for Tom Eason on Planning & Zoning and add two additional members for a total of seven members of Planning & Zoning Commission. Bert Bradley, Ken Smith and Lee Mitchell. Moved by MINOW seconded by WALKER that approval be given to Bert Bradley, Ken Smith and Lee Mitchell for Planning and Zoning. ALL AYE: MOTION CARRIED. PUBLIC HEARING/MARVINS SUBDIVISION PRELIMINARY PLAT: Mayor GUERBER announced that this was the time and place set for a public hearing on Marvin's Subidivision Preliminary Plat Applicant: Frank C. and Alma N. Marvin Location: 820 N. Edgewood Road Proposal: 5 lots on 2.73 acres Public Testimony: No public testimony Representative: Dave Roylance Eagle water will provide water, the subdivision will have to be annexed into the Sewer District, (sewer runs along the backside of the lots on the golf course). Average lot size is 1/2 an acre. Public hearing closed at 8:30 p.m. Moved by WALKER and seconded by YZAGUIRRE to approve the Preliminary Plat of Marvins Subdivision with the standard subdivision conditions of the City of Eagle. ALL AYE: MOTION CARRIED. PUBLIC HEARING/MINNIE BLANCHE SMITH-CUP: Applicant: Location: Proposal: lot (R-5) Public Testimony: No Public Testimony Representative: Von C. Smith(son) Temporary living quarters to take care of 90 year old mother. Minnie Blanche Smith 64 N 1st Street temporary mobile home for relative on a residential Public hearing closed at 8:33 p.m. Moved by MINOW and seconded by WALKER to approve the Conditional Use Permit as presented. ALL AYE: MOTION CARRIED. '~--- '---,---- -- PUBLIC HEARING/BEAVER MOBILE HOME PARK-CUP: Applicant: Rex and Jolene Beaver Location: 2238 Elliot Proposal: 8 Unit Mobile Home Park on 1.6 acres (zoned R-5) Representative: Jim Glance,architect, Rex and Jo1ene Beaver Two Proposed wells for the property. Will be different than what exists as far as the appearance of the mobile home park, property around mobile homes will be landscaped, privacy fence and burms. Public Testimony: Kip Prud'homme-opposed Sandra Smith -neither Concerns: children play on the street, additional traffic Public hearing closed at 9:00 p.m. Moved by MINOW seconded by EASON to deny the application based on the violation of section 8-3-5 Eagle City Code. ALL AYE: MOTION CARRIED. Moved by MINOW seconded by YZAGUIRRE to reconsider the previous motion. ALL AYE: MOTION CARRIED. Moved by MINOW seconded by YZAGUIRRE rescind the initial motion. ALL AYE: MOTION CARRIED. Moved by MINOW seconded by YZAGUIRRE that the application be held for 90 days to review section 8-3-5 with the Eagle City Code. ALL AYE: MOTION CARRIED. NEW BUSINESS: Ada County Transmittal 91-60-CU/TAYLOR: Conditional Use Permit to construct a 528 sq. ft. addition to an existing 900 sq. ft. storage building. Moved by WALKER seconded by YZAGUIRRE to approve Ada County Transmittal 91-60-CU/TAYLOR as presented. ALL AYE: MOTION CARRIED. Professional Center-Design Review/Sign: Presentation: Tom Maile Moved by MINOW seconded by WALKER to approve the Design Review Application as presented. ALL AYE: MOTION CARRIED. Swiss Village Chees-Design Review/Sign: Moved by YZAGUIRRE seconded by WALKER to deny the Design Review Application as presented. ALL AYE: MOTION CARRIED. ~,-- ~,- - --- --- MAYOR'S REPORT: MAYOR GUERBER appointed Glida Bothwell to attend the APA Transit Meeting on November 19, 1991. LIBRARY: will make appointment at the next council meeting to the Library Board. SENIOR CITIZENS: Bessie Clark was terminated as the Coordinator for the Senior Citizens Center by the Board of Directors. Senior Citizens would like to present Bessie Clark with a plaque or gift. Moved by MINOW seconded by YZAGUIRRE to participate with the Senior Citizens and pay up to $50.00 for a plaque for Bessie Clark. ALL AYE: MOTION CARRIED: ATTORNEY'S REPORT: RIVER ORDINANCE: The City of Boise has not taken any action and may not do anything at all with the River Ordinance according to the City Attorney's office. Mona Mack will submit a formal cost estimate to the City Council for drafting a River Ordinance of our own. There will also be an Urban Renewal Agency Report for review at the next council meeting. COMMITTEE REPORTS: Sheriff Report: Mayor Guerber said the Sheriff's Department has staked out Aiken Street and issued one citation for speeding. Was recommended that Sheriff's department continue monitoring the problem and ask to have the NO THRU STREET signs moved back. MINOW was approached by the Chamber of Commerce regarding encampment by the homeless people along the Boise River. WALKER indicated there were two new organizations assisting the homeless. He will get the information to Eagle City and City will contact the agencies to see if they can provide assistance. CLAIMS AGAINST THE CITY: Moved by MINOW and seconded by WALKER to approve the claims as presented, including reimbursement to Phil Whitener for expenses incurred by the Eagle Horizon Task Force. ALL AYE: MOTION CARRIED. There being no further business the meeting adjourned at 9:30 p.m. Respectfully submitted: iMOL ~~ URA MARKHAM ~:QJL" MAYOR STEVE GUERBER