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Minutes - 1993 - City Council - 10/12/1993 - RegularEAGLE CITY COUNCIL MEETIN~ October 12, 1993 Pre Council: The Sheriff's report was given by Lt. Dale Woodcook. Mayor GUERBER gave the Council the status on the Drinking Water Act. The City Clerk ask for direction on Bob's Trolley at ITD's request and the Hiatt property. The sewer report was given by BASTIAN. The Eagle City Council met in regular session on October 12, 1993. Mayor GUERBER presiding. The following members were present: RICK YZAGUIRRE, THOMAS EASON, STAN BASTIAN. Absent: KELLI BLAIR.' Moved by EASON and seconded by YZAGUIRRE to approve the minutes of the September 21, 1993 meeting as presented. ALL AYE: MOTION Moved by EASON and seconded by YZAGUIRRE to approve the minutes of the September 28, 1993 meeting as presented. ALL AYE: MOTION CARRIED. PUBLIC HEARING/PERIWINKLE SUBDIVISION, REZONE AND CUP Mayor GUERBER announced that this was the time and place set for a public hearing on Periwinkle Subdivision application, rezone and CUP. Applicant: Wright Bros and CSHQA Location: CSHQA Type of application: CUP, Rezone, preliminary plat 13.5 acres Total: 6 lots 1. Commercial frontage lots:4 State St frontage lots currently zoned C2 are 1/2 acre each.(no rezone requested) 2. Residential Subdivision: One multifamily lot, 4.5 acres, 10 Apt 2 story buildings(88 apt units),138 parking spaces, 19.5 units per acre 3. Commercial Mini-Storage buildings: One Commercial (C3) lot 7.0 acres (expansion of the Wright Bros Mini Storage business). REZONE: State St frontage to remain C2 (4 commercial lots) Multifamily lot to C2 (mid-section) Southern portion rezone to C3 creating a southern and eastern lot, zoned C3,(Wright Bros. Mini Storage) LOCATION: S side of State St between Eagle Center (owned by Wright Bros., and Evans Building Center PROPOSED LAND USE AND ZONING: C2:4 State St Commercial lots, C2~ mu]ti family subdivision and C3: Mini Storage commercial use. Joe Rausch, representative, discussed the project. He said there would be no phasing, the playground will have a volleyball court. Parking areas will have covers on 88 spaces, one for each unit. There will be 2 or 3 enclosed trash areas. Public Testimony: no opposing testimony Public hearing closed at 7555 p.m. Moved by YZAGUIRRE and seconded by BASTIAN to approve the preliminary plat, CUP and rezone, as presented with the following conditions: 1. Ail City of Eagle Standard Conditions of Approval 2. All landscaping will be approved by the Landscaping Committee 3. Funds will be held in reserve for the curb, gutter, sidewalks, trees, and street lights by ACHD 4. All recommended conditions of the Planning and Zoning Commission a. sidewalks both sides of the drive entrance b. E entrance off State St to be eliminated, so there are 3 entrances to the subdivision Mr. Rausch was asked by Mayor GUERBER to submit to the City a letter of support for future legislation on impact fees. ALL AYE: MOTION CARRIED. CATHY ROBERTS EASEMENT: The use of the Cathy Roberts property (Roberts Square) was discussed. Stan McHutchinson has supporting letters about the use of the property in connection with the Downtown Revitalization project. Ms. Roberts alleged that the property was misused. Stan will make those letters available to Mona Mack in order to determine a response to the allegation. BEER AND WINE LICENSES: GLORIA'S RESTAURANT: Moved by YZAGUIRRE and seconded by EASON to approve the beer and wine licenses conditioned on receiving the County License. ALL AYE: MOTION CARRIED. CHICAGO CONNECTION: Moved by YZAGUIRRE and seconded by EASON to approve the beer and wine licenses conditioned on receiving the County license. ALL AYE: MOTION CARRIED. USCAMDEFERRED COMPENSATION PLAT: Moved by BASTIAN and seconded by EASON to accept the plan as presented for all City employees. ALL AYE: MOTION CARRIED. Moved by YZAGUIRRE and seconded by BASTIAN to move item C - Agreement for Delivery of Water and Stipulation to permit #63-11413 and 12017 and discuss that item at this time. ALL AYE.. MOTION CARRIED. Mona Mack outlined the Stipulation and Delivery of water to the Council. She suggested that on the Agreement for Delivery of Water, item 3 should include, along with DEQ, the Idaho Department of Water Resources. Moved by BASTIAN and seconded by YZAGUIRRE to execute the agreement and stipulation and to amend the Agreement to include IDWR. ALL AYE~ MOTION CARRIED. The meeting regarding the Lexington-Echo water system was discussed by Council. The question is whether the City should keep the system or return it to Lexington-Echo ownership. Moved by BASTIAN and seconded by YZAGUIRRE to convey the system back to the ownership of Lexington-Echo conditioned upon the owners taking the responsibility for paying all legal fees, and, other fees in the original setting up of the water company when it was dedicated to the City and again in conveying the system back to Lexington-Echo ownership. This is also conditioned on the assumption the City has the legal authority to convey the system back. AYE.. BASTIAN, YZAGUIRRE. NAY: EASON. MOTION CARRIED. ADA COUNTY SHERIFF'S CONTRACT.. Mona will call the Ada County Sheriff and discuss the contract and fine payments that are in arrears. Moved by EASON and seconded by BASTIAN to pay 2 months of the past due payments to show good faith. ALL AYE.. MOTION CARRIED. There was discussion regarding a security patrol to cover Eagle at night. YZAGUIRRE will approach Eagle Quest about this and report back to Council. The City Clerk reported that National Casualty Insurance Co, the City's insurance company will not cover the damage to the downtown street light. Mona requested the letter from them to that effect. She will write them a letter regarding the coverage. CLAIMS AGAINST ~Y.' Moved by YZAGUIRRE and seconded by BASTIAN to approve t.he'~]~-~ms~'~ presented. ALL AYE.. MOTION CARRIED. ~ ~_Ther g~?no f~rth~r/~,~.iness the meeting adjourned at 9.'05 p.m. MAYOR STEVE GUERBER