Minutes - 1980 - City Council - 09/23/1980 - Regular (2)P.O. BOX 477
EAGLE, IDAHO 83616
208.939.6813
Mayor:. Jerry Deckard
Council: Floyd Decker
Carol Haley
Orval Krasen
LeRoy Pearman
September 23, 1980
After having given careful consideration to all of the testimony
received concerning the impact area agreement, after study of the
Planning Act of 1975, and other portions of the Idaho Code, I find
that the area defined in the impact area map is proper.
One salient factor which I considered is the numerous subdivisions
which were zoned and/or platted and/or built on within this
unincorporated area by permission of the Board of County Commissioners.
These areas will become eventual problems for the City of Eagle,
and it is my desire that any future development in the unincorporated
areas be controlled by both the Board of Ada County Commissioners
and the Eagle City Council. The agreement fulfills this requirement.
It is therefore my request, should I not be present to vote on final
approval of the Impact Area Agreement, that my report on the testimony
be entered into the record, and also that I would vote to approve
the Resolution, the Ordinance establishing the boundary of the
Eagle Area of Impact, and Ordinance #62.
Sincerely,
Orval T. Krasen
Council President
REPORT ON TESTIMONY OF IMPACT AREA AGREEMTN
ORVAL T. KRASEN
Charlotte Chaney -- I consider the testimony of Charlotte Chaney
as being irrelevant because it speaks to the Middlebrook Development
and not to the impact area which was the subject of the public
hearing.
Sandra P. Fisher -- Mrs. Fisher's testimony that the southern~;po~lon
of the impact area falls under the purview of Idaho Code 67-6502 (e)
is in error. Idaho Code 67-6502 (e) pertains to "prime agricultural"
land. A check with the Soil Conservation Service will show that this
flood plain area is not prime agricultural land. Further, she ignores
the lands located to the east, west and north of the current city
limits which have some of the best available soils in Ada County.
Her argument concerning paragraph 1.6 is answered in the rebuttal of
the testimony given by the Eagle Citizens Association, Inc. It is my
opinion that this testimony is nothing more than an attempt to preclude
any consideration of the pending Fidelity Holding Company request for
annexation by the City of Eagle.
Eagle Citizens Association Inc. -- Since a membership list was not
submitted and there is disagreement between Mr. Stopello and Mr. Watts
on the number of members, I am crediting the testimony given by Mr.
Stopello as coming from 21 people.
The first argument is that the impact area is improper in that it
should be confined to natural geographic boundaries and then lists
three boundaries. This is in error. The testimony lists "the flood
plain between the north and south channel of the Boise River" as a
geographic boundary. If the flood plain is to be considered as a
boundary, it must be considered in its entirety which is north of
State Street in the downtown area of Eagle to the bench south of the
south fork of the Boise River. In addition, there are other natural
geographic boundaries which are not considered:
1. The bench south of the south fork of the Boise River.
2. The bench north of State Street.
3. The Boise Front Foothills in the north
4. Dry Creek and its flood plain area.
This makes at least seven geographic areas.
The testimony that "The City of Eagle has no business in proposing
such an impact area" is also totally wrong. First, a citizen's
connnittee of Eagle residents, excluding any of Eagle's elected
officials, recommended the boundaries of the impact area to the
Eagle City Council. Secondly, in accordance with Idaho Code 67-6526(b),
Impact Area Report
Page 2
a committee of nine persons was appointed in July 1978 and met over
a period of several years and made the recommendation to the city
and county governing boards on the area and text of the agreement.
The testimony's ambivalence on the southern boundary (either the
north channel ~ the south channel of the Boise River) is a thinly
desguised attempt to exclude the Fidelity Holding property from the
impact area.
The testimony recommends as an impact area the Eagle Water and Sewer
District planning area. Since this area is still not defined, using
it as a point of reference at this time is illogical and I therefore
reject this argument.
Paragraph 2 of the testimony states that the Eagle Comprehensive Plan
projects a population of 11,000 for the year 2000. Page 36 of the Plan
projects a population of 12,77B~, Also, the presumption made in the
testimony is that all vacant land will be developed by the year 2000,
which is a ridiculous presumption as is any belief that there will be
total in-fill before the city boundary is extended.
Paragraph 3 of the testimony states that Section 1.6 of the agreement
is unlawful. This statement is patently untrue and without foundation
in law. No where in the planning act of 1975 does it grant the county
any authority over annexation. Idaho Code 67-6525 deals with a city's
action upon annexation. Idaho Code 67-6526 deals with the content of
the impact area agreement which is the "application of plans and
ordinances for the area of city impact." Idaho Code 50-222 grants
annexation authority and it speaks so~y to cities. However, if one
turns to Idaho Code 50-1306, the intent of the legislature becomes
evident and that is that the cities be given some authority over county
decisions in the lands surrounding the cities. 50-1306 grants authority,
through agreement between the county and the city, for the city to
approve all plats within the impact area. It is my conclusion that this
part of the testimony is a statement to the effect that we, the testifiers,
do not trust our elected city officials and want the Board of County
Commissioners to exercise some control over them. Such an argument is
not only offensive but demeanin~ to the citizens of Eagle.
Reference the proposed impact area agreement terms on page 4 of this
testimony, paragraph 1 thereof selects the sewer planning area as the
all confining area in which Eagle can grow. This area is still not
defined; however, if the area that this Association proposes to use
were to be used, it would mean that there could be almost no expansion
beyond the current city limits since the two areas are almost synonymous.
Since there are nine (9) traditional urban services used in planning,
why not use the "school" planning area, or the "fire protection" area to
arrive at the boundaries of the impact area?
Impact Area Report
Page 3
It is obvious to me that this testimony attempts by innuendo and
partial truths to sway the readers to the cause of the testimony.
It should be applauded as excellent propaganda and the author(s)
is (are) to be congratulated. However, after having carefully
analyzed and weighed this testimony I find it fraught with error
and irresolute in argument. I therefore reject any change to the
impact area boundaries or changes to the proposed agreements.