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Minutes - 1979 - City Council - 11/13/1979 - RegularP.O. BOX 477 EAGLE, IDAHO 83616 208-939-6813 Mayor: Jerry Deckard Council: Ted Arnold Orval Krasen Le Roy Pearman Andy Pollard November 13, 1979 The regular meeting of the Eagle City Council was called to order by Mayor Deckard at 7:30 P. M. on November 13, 1979 at the Eagle City Hall. Members present: ARNOLD, KRASEN, PEARMAN. Moved by KRASEN and seconded by ARNOLD that the minutes of the regular meeting of October 9, 1979 and the special meetings of November 7, 1979 and November 8, 1979 be approved as printed. Motion resulted as follows: AYE: ARNOLD, KRASEN, PEARMAN. Motion carried. Mayor Deckard announced that this was the time and the place for a public hearing to be held on a Conditional Use Application submitted by Marcus/Marcus/DeShazo to construct an elderly housing unit. Mr. Marcus made a presentation on the unit. Gary Machacek, Director of Multifamily Development with the Idaho Housing Agency spoke on the agency's position on this matter. Archie Nihill spoke on traffic design and flow. There being no further testimony to come before the council, the hearing was declared closed. Moved by KRASEN and seconded by PEARMAN that the Conditional Use Permit be granted to applicants Marcus/Marcus/DeShazo to construct an elderly housing unit. Further, that this council has reviewed the particular facts and circumstances of this proposed conditional use request in terms of the following standards and a finding has been reached that this conditional use: 1. Will, in fact constitute a conditional use as established on the Official Schedule of District Regulations for the zoning district involved; Will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or the Zoning Ordinance; November 13, 1979 Page 2 Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 4. Will not be hazardous or disturbing to existing or future neighboring uses; Will be served adequately by essential public facilities and services such as highways, streets, police and fire pro- tection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services; will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares; and Will not result in the destruction, loss or damage of a nat'rual, scenic or historic feature of major importance. Roi1 call on the motion resulted as follows: AYE: ARNOLD, KRASEN, PEARMAN. Motion carried. Mayor Deckard announced that this was the time and the place for a public hearing on a rezone application by Marcus/Marcus/ DeShazo from R-5 to R-25 for a piece of property located on 2nd Street South of Highway 44. Mr. Marcus asked that his remarks that were presented on the Conditional Use Application be incorporated in the Rezone Application. There being no further testimony the hearing was declared closed. Moved by KRASEN and seconded by PEARMAN that the rezone application of Marcus/Marcus/DeShazo for a rezone from R-5 to R-25 for the property located on 2nd Street South of Highway 44 be approved providing the applicants agree in writing that this zoning applies solely for an elderly housing unit. Roll call on the motion resulted as follows: AYE: ARNOLD, KRASEN, PEARMAN. Motion carried. November 13, 1979 Page 3 Ordinances 47, 48, 49, and 50 were read by title only for the second time. Ordinances 44, 45, 46 were read by title only for the third time. Moved by KRASEN and seconded by ARNOLD to dispense with the rule requiring the reading in full of ordinances, as pertains to ordinances number 44, 45, 46, and that they be read by title only. (I. C. 50-902) Roll call on the motion resulted as follows: AYE: ARNOLD, KRASEN, PEARMAN. Motion carried. Sue Keller, Steepleview Drive, Eagle requested the council to postpone or table all changes to the Eagle Comprehensive Plan for one month. She s~bmitted letters from Michael Nutt, Edgewood Lane, Eagle ID; Glida Bothwell, Route #3, Eagle, ID; Betsy Langley, Route #3, Eagle, ID; Mike Addy, Edgewood Lane containing the same request. Judith Hung, Meridian, Idaho wrote a letter of the same request to the council. Ed Chaney, Eagle, Idaho asked the council when the changes to the comprehensive plan would be heard. Rhonda Heins, Eagle Ranch requested that notices and agendas be posted in the city hall so they could be seen from the outside. Roy Glen representing Boise Ada Cable TV made a presentation to the council requesting a non-exclusive franchise. Moved by KRASEN and seconded by ARNOLD that a copy of the franchise be submitted to our attorney for his comment and review and the expense be absorbed by the applicant. Motion resulted as follows: AYE: ARNOLD, KRASEN, PEARMAN. Motion carried. Moved by KRASEN and seconded by PEARMAN that the applicant absorb the cost and responsibility of placing a public hearing notice in the Valley News Times advertising a public hearing on cable tv franchise to be held December 11, 1979 at 7:30 P. M. at the Eagle City Hall. Motion resulted as follows: AYE: KRASEN, PEARMAN. NAY: ARNOLD. Motion carried. Dave Reynolds, a representative of United Cable TV spoke to the council. A report was given on the following items that had been registered in previous minutes: Campbell cars - LeRoy Pearman visited with the Campbell's and several cars have been removed from their property. Pulver weeds are now planted in grass. Eagle Village Mail Boxes have not yet been removed from the sidewalk. November 13, 1979 Page 4 Mayor Deckard reported that a new proposed agreement on the area of impact is now in the hands of the county commissioners for their review and a meeting will be scheduled after time has been given them to review the agreement. Councilman Krasen asked the council to review the annual appointment and oath of office procedure. His recommendation would be to have 2 year appointments for the clerk/treasurer and zoning administrator, 6 year for planning and zoning members, and 1 year for the rest. A representative from Savin made a presentation on copy machines. Moved by PEARMAN and seconded by ARNOLD to pay the October bills. Motion resulted as follows: AYE: ARNOLD, KRASEN, PEARMAN. Motion carried. Ted Arnold gave a report on street lights in Eagle Village Subdivision. Mr. Bevington asked the council if the City of Eagle would adopt the energy conservation code on new buildings. Mayor Deckard said he would have the building inspector investigate the new code. There being no further business to c_q~me~efore the council, the meeting was adjourned. F~, _ty~st: