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Minutes - 1994 - City Council - 03/22/1994 - RegularEAGLE CITY COUNCIL MEETING March 22, 1994 PRE COUNCIL: The recreation report was given by Mary Ann Wilcox. Mrs. wilcox asked the Council to consider a budget line item change adjusting $520.00 from the salary line item to the contract-other category. She presented a proposal for purchase of softball equipment for the summer program in the amount of $4,620. The Council will address these requests in regular session. Mary Berent presented the P&Z report to Council. A citizen request was heard regarding supplying Friendship Park with similar playground equipment as O.K. Park. The Eagle City Council met in regular session on March 22, 1994. Mayor GUERBER presiding. The following members were present~ RICK YZAGUIRRE, STAN BASTIAN, MORGAN MASNER. Absent: THOMAS EASON Moved by YZAGUIRRE ~nd seconded by BASTI .AN to approve the minutes of the March 22, 1994 meeting as presented. ALL AYE: MOTION CARRIED. PUBLIC HEARING/Public Storage of Eagle - CUP Mayor GUERBER announced that this was the time and place set for a public hearing on the Public Storage Mini Storage Units, a Conditional Use Permit application. Design Review will be included at this time. Applicant: Shirley Zakovics and City Development Location: SH 55 between State St. and Hill Rd. Proposal: C2 zoning, 13.58 acres, 13 public storage facility buildings (covered) and 4 RV open Storage Units. Project includes an office residence, 6 ft. fencing of the entire property. Public Testimony: none Public hearing closed at 7:55 p.m. Moved by YZAGUIRRE and seconded by MASNER to approve the Conditional Use application and Design Review. The following conditions are a requirement of approval: 1. Ail conditions of approval submitted by staff must be met. 2. Submittal of a letter from Eagle Fire District eliminating their concerns about fire flow output. 3. The agreement signed by the developer and neighbor will be honored, with a chain link fence complete with slats, arborvitae and a 200 ft. block wall. 4. The landscaping requirements and recommendation of P&Z must be met. ALL AYE: MOTION CARRIED. PUBLIC HEARING/TATES RENTS - REZONE AND DESIGN REVIEW Mayor GUERBER announced that this was the time and place set for a public hearing on Tates rezone from CBD to C3 in order to establish an equipment rental store. Design Review will be reviewed at this time. Applicant: Location: Proposal: Eric and Clint Tate W side of N Eagle Rd., 1 block N of State St. Equipment rental business Public testimony: None The Public hearing closed at 8:15 Moved by MASNER and seconded by YZAGUIRRE to rezone the property as requested from CBD to C3 for the purpose of establishing an equipment rental store and to approve the Design Review application subject to the following conditions: 1. That a letter is received from the fire chief and neighbor to the N regarding a variance on the location of the propane tank. 2. A development agreement will be entered into between the City and Tates Rents, as condition of the approval to the rezone, for the location of the propane tank. 3. All conditions received by staff will be met. ALL AYE: MOTION CARRIED. The development agreement will be submitted by the City Attorney. PUBLIC HEARING/PATTERSON - ANNEXATION, ZONING R5 Mayor GUERBER announced that this was the time and place set for a public hearing on the Patterson application for annexation to the City of Eagle and zoning of R5. Applicant: Bruce, Kimberly, and Sharon Patterson Location: Hill Rd. W. of Highway 55 Proposal: Annexation and zoning William Belnap represented the applicants and introduced the proposal to the Council. He advised the Council that the applicants have amended the application to seek R4 zoning. Public testimony: opposed - Rich Butterfield, Garth Baldwin, Terry Smith, Bob Beckwith, E. Gene Yundt, Daryl Tague, Diane Butterfield. In Favor: John Evans Written testimony received from Gary and Beth Olson in opposition. Concerns of the public: Oppose the zoning, density The Public hearing closed at 8:35 Moved by BASTIAN and seconded by MASNER to approve the annexation and zoning of R4. ALL AYE: MOTION CARRIED. HOPE LUTHERAN CHURCH - Extension of time on a CUP. Moved by YZAGUIRRE and seconded by MASNER to approve the extension of time for one year. ALL AYE: MOTION CARRIED. LYONS PLUMBING - DESIGN REVIEW APPLICATION Moved by YZAGUIRRE and seconded by MASNER to approve the design review application as presented with staff recommendations. ALL AYE: MOTION CARRIED. PERIWINKLE SUBDIVISION - Final Plat Moved by YZAGUIRRE and seconded by BASTIAN to approve the final plat with the City Standard Conditions of Approval. ALL AYE: MOTION CARRIED. ORDINANCES: ORDINANCE #237: An annexation ordinance incorporating the bench properties on Chinden Blvd., in the Eagle Impact Area, into the City boundaries. After considerable discussion a motion was made by BASTIAN and seconded by MASNER to table this ordinance until we receive a report back from the City Attorney regarding the piece of property, owned by Boise, separating the properties requesting annexation. ALL AYE: MOTION CARRIED. EMERGENCY ORDINANCE #240: Upon a finding of eminent peril, the public health, safety and welfare, a community can adopt an emergency ordinance that impacts different land uses activities such as zoning ordinance provisions, the lot size provisions are part of the zoning ordinance, until such time as an ordinance can be adopted in an ordinary course. The finding needs to be made that there is eminent peril. This ordinance will not be in effect longer than 120 days. The City will provide such hearing as is appropriate to the emergency ordinance. This ordinance will be in effect a short period of time. Any development application will be required to comply with this ordinance until and a subsequent ordinance, through the public hearing process, amendes it once again. Public testimony: Garth Baldwin opposed the ordinance. Beth Grinstead, Harold West, Bill Cohen, and Jack Warner were in favor of the amending ordinance. Moved by YZAGUIRRE and seconded by BASTIAN to dispense with the three day ruling and to consider Ordinance 240 at this time. ALL AYE: MOTION CARRIED. Moved by YZAGUIRRE and seconded by BASTIAN to adopt Ordinance #240, an Ordinance amending Titles 8 and 9 of the Eagle City Code to establish lot sizes in conformance with the Eagle Comprehensive Plan. ALL AYE: MOTION CARRIED. REPORTS: Parks: A letter was submitted to the Mayor tonight from the Eagle Scout group that erected the park playground equipment in O.K. Park. The request of additional equipment for Friendship Park will be referred to EASON to pursue. The lengthy Council meetings lately prompted a motion by MASNER, seconded by YZAGUIRRE to complete any item in process at 10:30 p.m., and defer any other items until the next meeting. AYE: YZAGUIRRE, MASNER. NAY: BASTIAN. MOTION CARRIED. Moved by BASTIAN and seconded by MASNER to approve the Recreation Director's request for $520.00 budget line item change. ALL AYE: MOTION CARRIED. CLAIMS AGAINST THE CITY: Moved by BASTIAN and seconded by YZAGUIRRE to approve the claims as presented. ALL AYE: MOTION CARRIED. There being no further business the meeting adjourned at 11:20 p.m. Respectfully submitted: EAGLE CITY C.~.R? '' .......