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Minutes - 1997 - City Council - 03/05/1997 - SpecialORIGINAL EAGLE CITY COUNCIL SPECIAL MEETING MINUTES MARCH 5, 1997 7:00 P.M. COUNCIL: 7:00 P.M. 1. CALL TO ORDER: 2: ROLL CALL: MASNER, MERRILL, YZAGUIRRE, BASTIAN. (Bastian arrived after roll call at 7:10 p.m.) 3. PLEDGE OF ALLEGIANCE: Masher: I move that we move that we hearing Items 4C and 4D under Public Hearings first. Seconded by Merrill. ALL AYE: MOTION CARRIES ...... 4. PUBLIC HEARINGS: A. CU-9-96-Lakeland Estates Gravel Extraction - Ron Bath. Mayor introduces the issue and asks for a Staff Report from Mark Butler. Butler: Requests that this matter be continued to the April 8, 1997, City Council Meeting. The applicant is not present. General discussion. Mayor: The applicant is not present so it would be appropriate for a Council Motion to continue this to a date specific, April 8th being recommended. Masner: So moved. Seconded by Yzaguirre. ALL AYE: MOTION CARRIES ...... B. CU-10-96-Telecommunications Facility-Western PCS: Mayor introduces the issue. Mayor inquires of the Council if any Member has had ex parte contact with the applicant. Merrill discloses that she had ex parte contact with the applicant some time after the application was submitted, she can't remember the exact date. Mayor inquires of Council whether or not a Council Member has a conflict of interest. Hearing none. David Wiltsee, Western PCS, Provides some background information from the time the application was submitted to date. Phil Barber provides some background information as to both applications, AT&T and Western PCS. Wiltsee describes the Western PCS project and the Cc030597.min I location of the site. Wiltsee displays pictures of the site at Republic Storage. General discussion. Masner is concerned about whether something will be built in the fall zone. Bastian inquires about a light on the tower. Yzaguirre mentions that the Council is out of order for a Public Hearing. Butler presents his StaffReport. Staff recommends approval with a condition to provide a co- location which is not in the Staff Report. Reads the findings from the Planning and Zoning Commission. General discussion. Mayor informs the audience that there are sign up sheets if any one wishes to speak on this issue. The Mayor now opens the Public Heating. No one has signed up to speak and no one comes forward. Mayor requests comments and question from the Council. General discussion. Masner feels that the City Engineer should be involved in these issues. Wiltsee answers questions from the Council. Mayor closes the Public Hearing. Masher: I move that we approve this site with the following conditions: That the Conditional Use permit be renewable in five (5) years, that a co-location agreement follow the Conditional Use Permit allowing others to use the tower, that the fall zone be clear of all buildings and that the City Engineer approve the structure for safety and soundness of construction. Seconded by Merrill. Discussion. Yzaguirre: I move to amend the Motion and drop the condition of the fall zone and in its place put a condition that the tower be contained in a zone recommended by an engineer in the field dealing with cellular towers. The City Engineer to consult with Mr. Wiitsee's engineer. Seconded by Merrill. ALL AYE: MOTION TO AMEND CARRIES... Masner: I move to add the Standard Conditions in the Staff Report be included in the Motion. Seconded by Merrill. ALL AYE: MOTION TO AMEND CARRIES....AI1 in favor of the Conditional Use Permit with the conditions: ALL AYE: MOTION CARRIES ...... C. CU-11-96-ITD Gravel Operations The Mayor introduces the issue. Doug Chase, Idaho Transportation Department. Chase explains the project to the Council. Butler presents his Staff Report. Staff recommends approval with conditions and the Planning and Zoning Commission also recommended approval with conditions. Discussion. Chase explains the crushing and hot plant operation. Site map is displayed and Chase provides information. Cc030597.min 2 Mayor asks the audience if anyone wishes to testify. Mayor opens the Public Hearing. No one comes forward to testify. Mayor asks Butler if there has been written testimony received. Butler states that a letter has been received from legal counsel for Mr. Patterson. Butler provides an over view of the letter. This letter will be received into the record. Bastian inquires of Planning and Zoning recommendations from Staff. Discussion. Chase responds to questions from Council. Mayor closes the oral testimony and the Public Hearing. Masner: I move that we approve CU-11-96 subject to the conditions stated in the Staff Report and P&Z and Standard Conditions of approval. Seconded by Yzaguirre. Discussion. Merrill: I would ask the motion maker to include limits on the time, extraction activities to begin at dawn or 6 am which ever is later and extraction activities to end at dusk or 9:00 p.m. whichever is the earlier time. Masner: I would so amend my motion. Seconded by Yzaguirre. ALL AYE: AMENDMENT TO MOTION CARRIES ....... ALL AYE: MOTION TO APPROVE CONDITIONAL USE PERMIT CARRIES .......... Mayor calls a 3 minute recess. Mayor calls the meeting back to order 8:44 P.M. D. CU-8-96-Telecommunications Facility-Boise City Cellular. Mayor introduces the issue. Mayor inquires of Council if they have had any ex parte contact. Hearing none. Mayor inquires of Council if they have a conflict of interest. Merrill recluses herself because of a potential conflict of interest. Klm Garrick, 1483 Greenfield, Salt Lake City, Boise City Cellular Garrick explains the project and provides background information. Butler presents his Staff Report. Staff recommends denial. Presents overview of previous Public Heatings before the Planning and Zoning Commission. The Planning and Zoning recommend approval of this item. Discussion. Legal Counsel provides legal opinion as to ordinances covering or not covering this application. Mayor opens the Public Heating. Delores Creed, 1337 E. State Street, Eagle. She is opposed to this location and the City Council needs to adhere to the City Code as to height. Research needs to be done on an ordinance to cover these poles. Jim McCauley, Frustrated over the procedure that has happened tonight. Discusses previous heating on Metal Buildings. Objects to the discussion of the fall zone that happened after the Public Hearing was closed and a motion was made. Proceeds to discuss the fall zone issue. Cc030597.min 3 Does not feel that the fall zone restriction is fair to the property owners. McCauley presents 14 pictures to the Council. Arlene McCauley, 2611 W. State Street. Inquires of the Council if they have read the report from the Planning and Zoning Commission. Discusses the Planning and Zoning meetings held on this application. Frustrating that both poles were not presented at the same time tonight. Hopes for approval of the application. Mayor inquires if anyone else wishes to testify. Hearing none, inquires of Staff if there has been any further written testimony that has been received; Butler has received none. General discussion. Bastian inquires of the applicant why the site previously approved tonight is unsuitable for AT&T. Garrick responds. Mayor and Bastian comment about the Conditional Use. Legal opinion in regard to conditional use and the Telecommunications Act. Bastian inquires of Applicant if the proposed site is suitable; Garrick responds yes. Masner reads from the Telecommunication Act. Further questions for the applicant. Applicant displays plots and explains them to the Council. General discussion. Garrick responds to the comments made by Staff and the public. Mayor closes the Public Hearing. Masner: I would move to deny. Seconded by Yzaguirre. Discussion. ALL AYE: MOTION CARRIES ..... Masner: I make a motion that we adjourn no later than 10:40 p.m. Seconded by Merrill. 5. NEW BUSINESS: A. Ada County CU Transmittal 97-03-CU-Cellular Pole-David Wiltsee. Mayor introduces the issue. Butler presents his Staff Report. Planning and Zoning recommended approval with conditions. Staff recommended approval with conditions. Butler states that the applicant might want to delay this issues. Dave Wiltsee, Representing Western PCS. Discusses the whole project and explains where their additional sites could be located. Would like to continue to look at both sites in Ada County. Masner suggests that the Council ask Ada County for a delay. Mayor inquires of Wiltsee as to whether or not he wants to continue or what he would like to do. Discussion. Wiltsee would like to proceed tonight. Further discussion. Council is in agreement that this matter should be continued and that the public have an opportunity to be heard.. Butler states that the Council has 45 days to respond back to Ada County and that the County would not accept a request for postponement from the City, would only accept a request from the Applicant. Yzaguirre is concerned about setting a precedent on how transmittals are handled. Discussion. Legal opinion Cc030597.min 4 on a Public Hearing and public comment. Merrill: I make a motion that we do an amended agenda and place this item on the next council meeting on March 11, 1997, to allow for public comment. Seconded by Bastian. ALL AYE: MOTION CARRIES... B. Building Regulations Ordinance Amendment, Ordinance #289. Yzaguirre: I move that pursuant to Idaho Code 50-902, that the rule requiring ordinances to be read on three different days with one reading to be in full be dispensed with, and that Ordinance #289 be considered after being read onee by title only. Seconded by Merrill. ALL AYE: MOTION CARRIES ........... Yzagnirre: I move that Ordinance #289 be adopted. Seconded by Bastian. Bastian Aye, Masher Aye, Merrill Aye, Yzaguirre Aye. ALL AYE: MOTION CARRIES ...... Butler requests that Item 5C, Appeal DR-16-96 Telecommunications Facility-Boise City Cellular be withdrawn. By unanimous consent of Council this matter has been withdrawn. Masner: I withdraw my motion on adjourmnent, Merrill agrees. 6. ADJOURNMENT: Mayor: Do I have a motion to Adjourn? Yzaguirre: So moved. Seconded by Bastian. ALL AYE: MOTION CARRIES ........ ADJOURNMENT AT 10:45 p.m. Respectfully submitted: CITY CLERK APPROVED: MAYO~ H~ Cc030597.min 5