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Minutes - 1995 - City Council - 02/07/1995 - SpecialEAGLE CITY COUNCIL MEETING February 7, 1995 Pre Council: The esteblishment of an Urban Renewal Agency (URA). Present were Eric Davis, Roger Cantlon, Earlan Mann, and Rob Moore. After considerable discussion between the property owners interested in selling their property and the developers, the Council instructed the developer to start with what has been considered step one, which will be the proposals with the mediator in Coeur d' Alene, buyers and sellers. The P&Z report was given by Mary Berent. The Eagle City Council met in special session on February 7, 1995. Mayor GUERBER presiding. The following members were present: RICK YZAGUIRRE, STANBASTIAN, MORGAN MASNER, Absent: THOMAS EASON Moved by YZAGUIRRE and seconded by MASNER to approve the minutes of the January 24, 1995 meeting as presented. ALL AYE: MOTION CARRIED. NEW BUSINESS: Boyd Yee property: The City Attorney, Mona Mack addressed the property issue with the Council. Mr. Yee believes his property to be 2 parcels separated by Mace Rd. Mona will write Mr. Yee and advise him that'he has 2 parcels, but will also advise him regarding limitations on lot splits on non-conforming lots and floodplain issues. Findings of Fact and Conclusions of Law/ Custom Masonry - Moved by BASTIAN and seconded by YZAGUIRRE to approve the findings and conclusions as presented here tonight. ALL AYE: MOTION CARRIED. Ada County Animal Contract: The contract was presented by Barbara Montgomery, City Clerk. Since the City began issuing dog licenses we have received many inquiries and requests from people in the impact area to issue for the county also. It is more convenient to come to Eagle than go into Boise. To accommodate those requests we contacted Ada County with a request to be able to issue Ada County Licenses in Eagle. They appreciated the interest and sent us the contract. There are 2 minor changes to the contract, first #5 should read #6 and on page 2 "Eagle" should not be included as a county license. Moved by YZAGUIRRE and seconded by MASNER to approve the contract with the changes suggested by the City Clerk. ALL AYE: MOTION CARRIED. OLD BUSINESS: Eagle Standard Conditions of Approval (continued): The City Attorney presented an amendment to #18 as follows: 18. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer should certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to signing of the final plat by the City Engineer. The City Clerk presented amendments to #19 and #28 as follows: 19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the Council or Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved by the Eagle City Pathway/Greenbelt Committee prior to approval of the final plat by the Eagle City Council. 28. The City Parks/Landscaping Committee shall review and approve or reject all landscaping applications- Moved by MASNER and seconded by YZAGUIRRE to approve the amendments to the Eagle Standard Subdivision Conditions of Approval as presented. ALL AYE: MOTION CARRIED. Ada County Transmittal 94-74-CU/Cellular Tower (reconsideration) The Transmittal was presented by MASNER. MASNER requests additional landscaping to be added to the project and that it return to Eagle for review by the Eagle Landscaping Committee. Homeowners object to the appearance of the tower; landscaping would help. Moved by MASNER and seconded by BASTIAN to return it to the City of Eagle for landscape review by the Eagle Landscaping Committee. ALL AYE: MOTION CARRIED. ORDINANCES-RESOLUTIONS: Moved by BASTIAN and seconded by YZAGUIRRE to dispense with the three day ruling and to consider Ordinance 256 at this time. ALL AYE: MOTION CARRIED. Moved by BASTIAN and seconded by YZAGUIRRE to adopt Ordinance 256, An Ordinance of the City of Eagle,Ada County, Idaho,amending Title 8 of the Eagle City Code to remove the requirement that the Council shall accept the recorm~endation of the Commission unless rejected by a vote of one-half (1/2) plus one of the members. ALL AYE: MOTION CARRIED. Moved by MASNER and seconded by YZAGUIRRE to dispense with the three day ruling and to consider Ordinance 257 at this time. ALL AYE: MOTION CARRIED. Moved by MASNER and seconded by YZAGUIRRE to adopt Ordinance 257, An Ordinance changing the zoning classification of the Custom Masonry/Hiatt property from R-5 (RESIDENTIAL DISTRICT) To C-2 (GENERAL BUSINESS DISTRICT) and amending the zoning map of the City of Eagle pursuant to an executed Development Agreement. ALL AYE: MOTION CARRIED. APPOINTMENTS: Mayor GUERBER asked the issue to be continued. ATTORNEY'S REPORT: The City Attorney reported that the non- development agreement proposed for Canterbury Estates, in the impact area will not happen, with consent of the developer's attorney and Mona. The Wintry River Subdivision has been "taken under advisement" by the Judge. COMMITTEE REPORTS: The City Clerk was asked to contact EASON and ask him to investigate fees and recycling costs for the City of Eagle with Boise-Ada and BFI. CLAIMS AGAINST THE CITY: Moved by YZAGUIRRE and seconded by BASTIAN to approve the claims as presented. ALL AYE: MOTION CARRIED. There being no'"furt~.~.e~'~:~%9~s.s the meeting adjourned at 8:50 p.m. Respectfully sUb~fted: ' EAGLE CITY C ~ ~: . ~