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Minutes - 1979 - City Council - 07/11/1979 - RegularRO. BOX 477 EAGLE, IDAHO 83616 208-939-6813 September 11, 1979 Mayor: Jerry Deckard Council: Ted Arnold Orval Krasen Le Roy Pearman Andy Pollard The regular meeting of the Eagle City Council was called to order by Mayor Deckard on September 11, 1979 at 7:30 P. M. at the Eagle City Hall. ARNOLD, KRASEN, PEARMAN, STURR were present. Moved by KRASEN and seconded by ARNOLD that approval of the minutes of August 14, 1979 be tabled until the next regular meeting. Motion resulted as follows: AYE: ARNOLD, KRASEN, PEARMAN, STURR. Motion carried. VACATION OF PLAT - SHERWOOD WEST, INC. Moved by KRASEN and seconded by ARNOLD to adopt Resolution 5-79, a request to vacate a portion of a public utility easement located at the rear of Lots 48 and 49 of Eagle Hills West No. 4 Subdivision as petitioned by Sherwood West, Inc. Roll call on the motion resulted as follows: AYE: ARNOLD, KRASEN, PEARMAN, STURR. Motion carried. OFFICIAL ZONING MAP Moved by KRASEN and seconded by PEARMAN that an ordinance be prepared for first reading at the next regular scheduled city council meeting on the official zoning map for the City of Eagle, making it part of Ordinance ~40, an ordinance for Eagle, Idaho; further, that the three property owners be granted a Conditional Use Permit without cost to them, authorizing mobile home parks. Moved by KRASEN and seconded by ARNOLD to amend the original motion by adding the names of Marcus, DeShazo, Stephenson & Coon after the word owners. Voting on the amendment resulted as follows: AYE: ARNOLD, KRASEN, PEARMAN, STURR. Motion carried. Roll call on the original motion resulted as follows: AYE: ARNOLD, KRASEN, PEARMAN, STURR. Motion carried. SIGN APPLICATION AND PERMIT - CHURCHES OF EAGLE, IDAHO Dick Cowman representing the Community Churches Sign Committee of Eagle addressed the council requesting approval of signs to be placed in Eagle and that the City of Eagle become the sign owner as well as the Lessee on the Lease Agreement with the private property owners. September 11, 1979 Page 2 Moved by ARNOLD and seconded by PEARMAN that the City of Eagle approve the signs as they have been presented. Motion resulted as follows: AYE: ARNOLD, KRASEN, PEARMAN, STURR. Motion carried. Moved by ARNOLD and seconded by KRASEN that the City of Eagle enter into a lease agreement with the private property owners and become the owners of the sign. Motion resulted as follows: AYE: ARNOLD, KRASEN, PEARMAN, STURR. Motion carried. FARMERS & MERCHANTS STATE BANK - CONDITIONAL USE PERMIT Mayor Deckard read a letter from Mr. Bernard F. Gratton president of the Farmers & Merchants State Bank requesting an extension of the Conditional Use Permit for a term of one year for a mobile banking facility located at 498 E. State Street, Eagle. Moved by KRASEN and seconded by PEARMAN that the Conditional Use Permit be extended for a one year term. Roll call on the motion resulted as follows: AYE: ARNOLD, KRASEN, PEARMAN, STURR. Motion carried. MERIDIAN SCHOOL DISTRICT - CONDITIONAL USE PERMIT Mr. Hein from the Meridian School District reported that the temporary classroom in Eagle has been moved and they do not wish to extend their conditional use permit. A discussion was held on the zoning for the Fidelity Holding Annexation Application. Ordinance #44 was read for the first time by title only. Ordinance #45 was read for the first time by title only. Ordinance #46 was read for the first time by title only. DESIGN REVIEW COMMITTEE Mayor Deckard made the following appointments to a Design Review Committee: Jim Gipson, Wayne Crosby, Ron Marshall, Mike Irvan and Orval Krasen. RESOLUTION NO. 6-79 Moved by KRASEN and seconded by STURR to adopt Resolution No. 6-79 "A resolution proclaiming a general city election, to be held on November 6, 1979, designating the polling places, designating the registrar and deputy registrar, and ordering the city clerk to give notice of such election." Roll call on the motion resulted as follows: AYE: ARNOLD, KRASEN, PEARMAN, STURR. Motion carried. September 11, 1979 Page 3 DESIGN IMPROVEMENTS OF CITY HALL The council asked that cost factors and architectural drawings be completed, and that the owners of the Eagle Grill be notified of the city's intention of improvements to see if they would be interested in doing their building at the same time. WILDER VS. CITY OF EAGLE Mayor Deckard reported to the council that the city was in receipt of a notice of hearing on petition of Donald E. Wilder and Audrey L. Wilder, husband and wife, vs. the City of Eagle, a municipal corporation., requesting their property be detached from the corporate limits of the City of Eagle. A hearing will be held on October 11, 1979 at 2:00 P. M. in the City Hall-Library, Main Street, Eagle, Idaho. RESOLUTION 7-79 Moved by KRASEN and seconded by ARNOLD to adopt Resolution 7-79 amending Resolution No. 1-79 to include Vacation of Plat - $100.00 in the fee schedule for the City of Eagle. Roll call on the motion resulted as follows: AYE: ARNOLD, KRASEN, PEARMAN, STURR. Motion carried. APA MEMBERSHIP Mayor Deckard read a letter from Robert Hilgenberg, Executive Director of the Ada Planning Association regarding membership. Moved by KRASEN and seconded by ARNOLD that a letter be written to the Ada Planning Association strongly emphasizing that the City of Eagle has not been included in the past in items even though it has been a member of the Ada Planning Association and that we wish to be included in all items that pertain to Eagle or its Impact Area. PARK STATUS Mayor Deckard reported that he has once again visited with Mr. Barnes concerning his desire to convey a park in Eagle Ranch to the City of Eagle and that no further word has been received from Mr. Barnes concerning this proposal. Mayor Deckard reported that the Eagle Park Project has been approved for funding by the Heritage Conservation & Recreation Service. As soon as the deed is received for the land donation by Myron Tucker in Eagle Village Subdivision the city may proceed with its project. September 11, 1979 Page 4 Moved by PEARMAN and seconded by KRASEN that the August bills be paid. Motion resulted as follows: AYE: ARNOLD, KRASEN, PEARMN, STURR. Motion carried. Moved by KRASEN and seconded by STURR that the Mayor inform, in writing, each owner, by name, residing in or owning property in Eagle Village 91, who has failed to properly locate his mailbox, that he/she/they is (are) in violation of Chapter XIV, OBSTRUCTION OF STREETS AND SIDEWALKS, Section 14-101, Eagle City Ordinance Number 1. Motion resulted as follows: AYE: ARNOLD, KRASEN, PEARMAN, STURR. Motion carried. Moved by KRASEN and seconded by PEARMAN that the Mayor inform, in writing, Mr. Lyle A. Campbell, 1235 Downing Drive (Route 3), Eagle, Idaho that he is in violation of Paragraph 3, SECTION C. SUPPLEMENTAL GENERAL PROVISION, ARTICLE X PERFORMANCE STANDARDS, of Eagle City Ordinance Number 40, and that Mr. Campbell be informed of the provisions of SECTION K. PENALTIES, ARTICLE XVI ENFORCEMENT of Ordinance No. 40. Moved by STURR and seconded by KRASEN to amend the motion by appointing Council Pearman to visit with Mr. Campbell concerning this problem and that if he is not successful the mayor shall then proceed with a letter. Vote on the amendment resulted as follows: AYE: ARNOLD, KRASEN, PEARMAN, STURR. Motion carried. Vote on the original motion resulted as follows: AYE: ARNOLD, KRASEN, PEARMAN, STURR. Motion carried. Moved by KRASEN and seconded by PEARMAN that under the provisions of Chapter XII, ABATEMENT OF PUBLIC NUISANCES, SECTION 12-101, Eagle City Ordinance Number 1, the Mayor inform Mr. Lee J. Pulver, owner of the duplex at 233 Palmetto, Eagle, Idaho that the weeds surrounding his property constitute a nuisance; that he has a maximum of seven (7) days to remedy the situation or the City of Eagle will take appropriate action and charge all costs and fees to Mr. Pulver. Motion resulted as follows: AYE: ARNOLD, KRASEN, PEARMAN, STURR. Motion carried. Mr. Ron Marshall asked the council to consider removal of the ONE-WAY STREET SIGN on First Street. Mr. Marshall was asked to make the request in writing. Moved by KRASEN and seconded by ARNOLD that the council go into executive session to discuss the pending litigation of Wilder vs. City of Eagle. Roll call on the motion resulted as follows: AYE: ARNOLD, KRASEN, PEARMAN, STURR. Motion carried. September 11, 1979 Page 5 Th~Mayor declared the council in exec% P. M~ Mayor~)eckard declared the executive 9:20 P. ~..~ and reconveined the re~ Eagle City'C0uncil. session at 9:00 adjourned at session of the Moved by KRASEN and seconded by other action on the pending liti the attorney to take care of work and file an objection to Motion resulted as follows: STURR. Motion carried. that we take no than to instruct necessary preparatory suit. ARNOLD, KRASEN, PEARMAN, There being no further the meeting was adjourned. to come before the council, ATTEST: City / / / / / / / / / / September 11, 1979 Page 5 - Corrected The Executive session of the Eagle City Council was called to order at 9:00 P. M. at the Eagle City Hall. ARNOLD, KRASEN, PEARMAN, STURR were present. Attorney WELSH spoke with the council on a pending suit of Wilder vs. the City of Eagle concerning disannexation. Mayor Deckard declared the executive session adjourned at 9:20 P. M. Mayor Deckard reconvened the regular meeting of the Eagle City Council. Moved by KRASEN and seconded by PEARMAN that we take no other action on the pending litigation than to instruct the attorney to take care of the necessary preparatory work and file an objection to the suit. Motion resulted as follows: AYE: ARNOLD, KRASEN, PEARMAN, STURR. Motion carried. There being no further business to come before the council, the meeting was adjourned.~~/ z'~~ ~At~test: ~ · U