Minutes - 1980 - City Council - 10/29/1980 - RegularP.O. BOX 477
EAGLE, IDAHO 83616
208-939-6813
Mayor: Jerry Deckard
Council: Floyd Decker
Carol Haley
Orval Krasen
LeRoy Pearman
October 29, 1980
The regular meeting of the Eagle City Council was called to order by
Mayor Deckard on October 29, 1980 at 7:30 P. M. at the Eagle City
Hall. ~
DECKER, HALEY, KRASEN, PEARMAN were present.
The minutes of the meeting of October 14, 1980 were corrected as
follows: Page 1, paragraph 6, line 7 add "Mayor Deckard requested
com~nents from those present."
Moved by PEARMAN and seconded by DECKER to approve the minutes as
corrected. Motion resulted as follows: AYE: DECKER, HALEY, KRASEN,
PEARMAN. Motion carried.
Ellery Brown, architect for Esco Inc. presented the council with
a colored elevation of a office complex addition to existing dental
office located at 589 State Street.
Moved by KRASEN and seconded by DECKER that Design Review Application
#7-80 be approved. That this council used Ordinance #55 in consideration
of the application. That the applicant must comply with all the
particulars stated in their application #7-80. That the applicant
must agree to install a sprinkler system. That the applicant must
agree to construct some type of storage area for garbage to be used
by all the occupants of the building, and that the applicant submit
the sign and landscaping to the Design Review Board at a later date
for their action.
Motion resulted as follows: AYE: DECKER, HALEY, KRASEN, PEARMAN.
Motion carried.
Councilman KRASEN gave a report on the committee to review Ordinance #1.
They felt there were minor changes throughout the ordinance except for
the subdivision portion which needs to be rewritten. Mayor Deckard will
appoint a committee to write a subdivision ordinance.
Mayor Deckard announced that this was the time and the place for a
public hearing on the following annexation requests: C. R. Marshall,
Frank Marz, Nancy M. Kleng, Marc L. Marz, Marie Main, Quarter Circle
DJ, Verlan A. Mace, Leonard W. Mace, Elbert & Dolores Creed, Floyd
& Ina B. Chastain, Wilder's Valley Broiler and Michael J. and Marie
Burkhart.
October 29, 1980
Page 2
Ryan Armbruster, attorney representing Don Wilder submitted a letter
of protest of Donald E. Wilder and Audrey L. Wilder to the adoption
of an Eagle City Ordinance providing for the annexation of certain
properties into the City of Eagle.
Susan Keller, Route #3 Eagle, read testimony from Barry Watts stating
the Eagle Citizens Association Inc., and Board of Directors are
opposed to the annexation of certain agricultural parcels identified
as Verlan A. Mace, Leonard W. Mace, Marie Main and Quarter Circle
DJ and reasons for that decision.
Richard Boylan, 2665 South Channel Road read a letter to the Eagle
City Council stating his reasons for being opposed to annexation.
LaRue Bevington, Eagle spoke in favor of the proposed annexation.
Frank Stoppello, Route #3 Arlington spoke against the proposed annexation.
There being no further testimony to come before the council, the hearing
was declared closed.
Moved by KRASEN and seconded by PEARMAN that the next regularly scheduled
council meeting be held Wednesday, November 12, 1980 since November 11,
1980 is a holiday.
Motion resulted as follows: AYE: DECKER, HALEY, KRASEN, PEARMAN. Motion
carried.
Councilman PEARMAN told the council he would be out of town at that time.
There being no further business to come before the council, the meeting
was adjourned.
]~UHKE, ]~V~S, B03~ ~D KOONTZ
ATTORNEYS AND COUNSELORS AT LAW
POST OFFICE BOX 1559
October 28, 1980
Eagle City Council
Eagle City Hall
Eagle, Idaho 83616
Protest of Donald E. Wilder and Audrey L. Wilder
to the adoption of an Eagle City ordinance pro-
viding for the annexation of certain properties into
the City of Eagle.
Dear City Council:
This law firm represents Donald E. Wilder and Audrey L.
Wilder, owners of the Wilder Valley Broiler Restaurant
property, located on the corner of Edgewood Lane and Highway
44, east of the City of Eagle. By this letter, Donald E.
Wilder protests the annexation of his property to the City
of Eagle. Donald Wilder reaffirms his objections made to
the Eagle City Council by letter dated March 26, 1980 which
is attached hereto as Exhibit "A".
The Wilders' parcel under consideration for annexation by
the City of Eagle is approximately four (4) acres at the northwest
corner of the intersection of State Highway 44 and Edgewood
Lane. This parcel was purchased by the Wilders in the summer
of 1975. Later that year Ada County rezoned the property
from R-4 to C-2. The Eagle City Council recommended approval
of that rezone to the Ada County Commissioners. This parcel
was part of an annexation by the City of Eagle in December,
1976. For specific reasons not known to Wilder at this time,
the parcel was de-annexed by the City of Eagle in January,
1977. The annexation ordinance that was passed in December,
1976, included additional Wilder property adjacent and con-
tiguous to the four acre parcel, now under consideration.
This eleven (11) acre parcel was subsequently de-annexed
by court judgment on February 4, 1980. The four acre
parcel now under consideration, was part of an earlier annexation
process undertaken by the City of Eagle in the spring of 1980.
This annexation process was set aside by court proceedings and
the Wilder parcel is now once again under consideration by the
City of Eagle for annexation.
Eagle City Council
Page two
October 28, 1980
This four acre parcel under consideration should not
be annexed by the City of Eagle for several reasons. This
four acre parcel which is the site of the Wilder's Valley
Broiler, is part of a larger parcel under Wilders' ownership which
includes the additional eleven acre parcel that has recently
been de-annexed. The total parcel under one ownership
is approximately fifteen acres. Under the ownership of Mr.
Wilder, no parcel has been layed off or set off in blocks in
less than five (5) acre parcels. Consequently, this parcel is
not annexable pursuant to Idaho Code S 50-222.
Additionally, without the annexation of the larger
eleven acre parcel owned by the Wilders, the only way
this four acre parcel becomes adjacent to the City of Eagle
is if the City of Eagle annexes a very small parcel immediately
west of the Wilders' property. This adjacent property is a
very narrow parcel which borders Highway 44. To annex the
Wilder parcel by the property that borders Highway 44, violates
Idaho Code ~ 50-222. The City Council does not have the
power to annex such properties if the property is connected
to the City only by a shoestring or strip of land upon a
public highway. Further, even if the property is
annexable, the annexation of Wilder's property, will give
the City of Eagle a very bizarre, convoluted City boundary.
There is also question whether the property identified as the
"Marz" parcel was requested for annexation by the legal owner
at the time the annexation proceedings began. Finally, annexing
the four acre parcel owned by Mr. Wilder, will divide his property
in an untenable manner, leaving part of his property within the
City of Eagle and part of his property outside the City of
Eagle. Consequently, the annexation of the four acre parcel
should not be considered.
The overwhelming reason for objecting to this annexation
is that the Wilder property cannot reasonably be assumed to be
used for the orderly development of the City of Eagle. The
annexation of this property violates several provisions of
Eagle's own Comprehensive Plan. The annexation violates one of
the purposes of the City of Eagle's Comprehensive Plan; to
protect the property rights and value of an individual's holdings.
This annexation with the recommended zoning of R-1 will devalue
the owner's property. Additionally, the recommended zoning R-1
will be incompatible with the surrounding land uses. As you
know, the adjacent property south of Highway 44 is designated
as industrial use. An industrial use which is divided by
Eagle City Council
Page three
October 28, 1980
residential use merely by the width of a highway, does not pro-
vide for a buffer zone between two incompatible uses. The
annexation of this parcel violates a goal of the City of Eagle
to develop property already within the City limits through
infilling, before then annexing lands outside the city limits.
Finally, and most importantly, no city services are available
for this site.
The Eagle Comprehensive Plan makes it very clear that
annexation and development of properties will only be authorized
when sewer and water facilities are available to the site. A
study done by the Eagle Sewer and Water District, states
that this parcel will not be ready for sewer and water facilities
for a minimum of two more years. The Eagle City Comprehensive
Plan requires that development be temporarily disallowed
when facilties are inadequate to serve the new development
area. This lack of sewer and water facilities makes neither a
commercial or residential development feasible at this time
and consequently, the annexation should not be considered.
This reasoning was accepted by your Planning and Zoning
Commission when they recommended that the Wilder parcel not
be annexed to the City of Eagle. Finally, the City of Eagle
can provide no city services to the property owner. As
mentioned, sewer and water facilities are not available,
neither will the property owner benefit from any additional
municipal facilities or services.
Of an even more disturbing nature, should the City of Eagle
consider annexation, which the property owner vehemently opposes,
is the recommended zoning for the Wilder parcel. The
recommended zoning which was considered by the Planning and
Zoning Commission, (though annexation was rejected), is R-1.
As indicated earlier, residential development could not be
undertaken for at least another two years because of lack of
water and sewer facilities. Because of the small nature of
this parcel, less than four acres, there could only be a maximum
of three family dwellings built on this site, if the existing
restaurant were demolished. Because of the industrial zone
designations to the south, it would appear unlikely that any
development for such a small number of residential dwellings
would be conceiveable. Under the Eagle zoning ordinance, multi-
family dwellings would not be possible on this site, as well.
Eagle City Council
Page four
October 28, 1980
The other factor to consider, is that if a residential zone
is adopted, a non-conforming use will be on the property for
sometime to come. Non-conforming uses, are causes of difficulty
and should be avoided if possible. Because of the recent
commercial development on this parcel, the restaurant will
remain on this site for quite some time. The non-conforming
use will continue regardless of the sale of this property by
Wilder.
Any consideration of zoning should be made to classify
this property as commercial. A commercial use on this parcel
does comply with the overall intent of the Eagle City Comprehensive
Plan. The commercial nature would serve as a proper buffer
zone between the incompatible zoning uses of industrial to the
south and residential to the north. The commercial site sits
at the intersection of two major arterials, and does serve
residents of the City of Eagle and the surrounding area.
As such, the use of this property at the present time
corresponds and complies with the zoning of "highway business"
pursuant to the City of Eagle zoning ordinances. Though
the Comprehensive Plan is somewhat ambiguous as to the
particular treatment of the parcel, because of the ability of
this council to amend the Comprehensive Plan at this time,
the Council could if it deemed, change the Comprehensive Plan
and designate this area as commercial. Finally, the
City should proceed with definite caution in down-zoning
any property and particularly this property. A down-zone
will devalue this property greatly. The City should have
sufficient facts and justification before down-zoning any
property. Nothing that appears on the record at this time,
justifies the designation of residential use.
In conclusion, the Wilder's do not wish to have their
restaurant property annexed in the City of Eagle. Annexation
of this property violates certain provisions of Idaho Code
~ 50-222 and provisions of Eagle's own Comprehensive Plan.
For these reasons, the Wilders' reaffirm their objection to
inclusion of their property into the City of Eagle and request
that this Council accept the recommendations of its own Planning
and Zoning Commission and not annex this subject property.
Very truly yours,
ELAM, BURKE, EVANS, BOYD & KOONTZ
Armbruster
RPA:vlt
Enclosure
' ~ - noticed. Since World War II farmer~ have
w^ 35 CENTS
Crop Squeeze
As World Needs Food,
U.S. Keeps Losing Soil
To Land Developers
Eased Gains in Productivity,
Temptations to Sell Out
Make for a Bleak Outlook
The 'Hole in t. he Doughnut'
HOMESTEAD. Fla.- Tearing around
southern Dade County in his pickup, tomato
,,rower Rooie Strano points out pared after
mroel of land. sweetened by natural hms-
Now it is growing shopping centers and cou-
dominiurns instead.
Mr. gtrano himself recently lest a sect~ea
of 640 acres that he had been leasing. The
uss than crops, subdivided it. "All gone." la-
"Urbanization is going to tome us all out
semeday-and you just can't replace tins
[and.-
Over the past 15 years Dads County has
mem. Blocked off by salt marshes to the
south and Everglades National Park to the
west. growers are slowly being squeemd
onto rear,nat land. or what's ldt of it: al-
most all the unused agricultural acreage,
once plentiful, is gone.
Much the same thing is happening acrass
the coant~-y, from New England~ where
crumbling, empty barns are the ealy rem-
nants of the farms about to be replaced by
development, to the coastal valleys of Call-
torrd~, now tilling up with tract heeaes.
The Land Squeeze
plow.
Developers have heea chewing up three
million acres of farmland a year, according
moot food and fiber at the lowest cost. The
moro than covered them with an explosion
of productivity that has pushed total farm
on,put steadily higher. Aisc, many farmers
displaced by urbanization have been able to
develop other land frcra the onilon's re-
But now the squeeze is starting to hurt.
The U.S. has M)ont 230 million prime acres
tn cropa but the losses of past deeedas have
cut to just 22 million acres the available ro-
serve of the bast land still unexploited. And
there is evidence that the rovolution in farm
technology is rapidly slowing down.
Productivity Gains Easing
The nation still has sizable unused sincks
of fairly productive soil. although farming
costs on most of it would be high. But die
long-form outlook is increasingly bleak. "If
we bank on technology and it doesn't come
through, if we can't control urbanization and
eresiou, we will lose our options," says Rob-
eft Gray, executive diroctor of NAL~.
Don't count on a quick fix from new tech-
nology, warns Anson Bertrand, director of
the Agriculture Dq)ar~ment's ~cience and
Education Administration. "We have used
up most of our storohnuse of knowledge and
applied it widdy," he says. "But it simply
isn't being ropluced fast enough, and our
crop yields are topping out,"
The land is getting tired. Average gains
in output per aero have drifted down from a
sparkling 3% a year in the '50s to barely
over 1% in recant years; ylalds for some
crops m some regions have actually de-
clined, despite iucroa.~d dousings with fec-
tilise~: and pesticides. At the same time for-
elgn demand for U.S. food has been increas-
Ing rapidly. U.S. agricultural exports have
shot fi'om aco~md S~ billion a year t~ more
than /32 billion a year over the last decade,
and are running 10 years absad of earlier
pro]ectmns.
Wti~ world population
expected to rise
50% to more than slx b/Ilion in the next 20
yeats, and with much of this increase ~-
pect~d in areas already sugfering chronic
food shortages, demands on the U.S. farmer
can only increase. Even a tiny shift in global
weather patterns could tip an already deli-
cate balance, turning endemic malnonrish-
merit into the death of millions by famine,
us is the case now to East Africa. Climatolo-
gists believe the weather through most of
this century has been unusually favorable to
agriculinre.
Tempting to Sell
"We arc going to have East Afri~ in
many moro places than we have it now,"
says Mr. Bertrand. "Thero will be starva-
uorr there will be many moro rofugeea.
Countries that now have surpluses with
which ~o ease the prossure may not have
them. We'll need ail the land we have."
Perhaps so, but to individual farmers
thero am many temptations to cash in and
get out. Like money. Much of the nahnn's
richest land ia near its 242 largest cities, as
well us around rural towns, and as urban
sprawl approaches neighboring farmlands
their value begioo to sour. I~ald subdivided
develoument can soil for 10 times its
Please Turn to Page l& Column 1
18
THE WALL STREET JOURNAL, Friday, October 24, 1980
Crop Squeeze: As the World Demand for U.S. Food
Grows, the U.S. Keeps Losing Soil to the Developers
To The Eagle City Council:
Each year, in the United States, three million acres of farmland
are being lost to development. The consequences of this loss are
nov readily apparent. With world population rising, erosion and
desertification intensifying, and world crops periodically failing,
the demand for food and fiber has never been greater and will con-
tinue to grow. Add to this demand the pressures on agriculture to
produce alcohol to counter the effects of a rapidly decreasing
fossil fuel supply and only the slowest of minds cannot see the
crisis we face. In a few years American agriculture may produce
only enough food and fiber to supply the needs of U.S. citizens.
Our great agriculture export business will either cease or other
nations will bid up prices so that the cost of food in America will
be prohibitive.
The details of this scenario are well known (see attached Wall Street
Journal article). There is little disagreement among experts. What
is needed now is the realization on the part of local governments
that the acres they covet for expansion is the root of the problem.
Three million acres are not appropriated in one big chunk. He
destroy those acres each year in small allotments. Three hundred acres
here, three acres there, three thousand acres somewhere else. Each
councilman sees the world from his point of view with little or no
recognition that he himself is the problem. But it all adds up to
three million acres a year.
The parcels of land you intend to annex are beautiful pieces of
productive farmland. From them could spring the alcohol to fuel our
cars, the food and fiber to feed us and our children, the exports to
other countries to lower our balance of payments. With your plans
of expansion you become the core of our crisis. Not only are you
making the three million acres a year a reality, you set the stage
for the exponential magnification of all the attendant problems that
come with the destruction of farmland, i.e., water and air degradation,
rapid social change, increased costs for basic living, and, perhaps
most important, the perpetuation of agricultural acreage declinucycle.
The United States has a critical problem. The problem is that munici-
palities like Eagle are permitting our farmlands to be altere~ ir-
retrievably.
Problems are based on individual acts. The members of the Eagle city
government who are so eager to expand are the problem.
If you argue that it is not your intention to rezone these lands to
other uses, then why annex? If it is not your intention to use these
lands in expansionistic plans, then why annex? Your efforts should
be in the direction of preserving agriculture for your very survival.
If that is your goal, then why annex? Have you studied the consequences
of your acts? What are the benefits? We have to become aware of the
i nterconnection of things. Your decisions affe~~~~
~ichard Fi BoyYan
Rural Eagle
October 28,1980.
Mr.~Jerry Deckard, Mayor
Eagle City Council members
City of Eagle
Eagle, Idaho 83616
Dear Mr. Deckard and Eagle City Council,
Having polled the membership of the Eagle Citizens Association
Inc., the Board of Directors wish to state for the reoord that we
are opposed to the annexation of certain agricultural parcels
identified as Verlan A. Mace, Leonard W. Mace, Marie Main, and
Quarter Cicle DJ for the following reasons~
Annexation of these areas serves no useful purpose to the
goals of the community as stated in the Comprehensive Plan,
and we fail to see a need for such annexation.. Community
Design Map XII indicates that development is to proceed
primarily to the north and west of the Eagle core area.
Annexing agricultural ground to the south of the Clty of
Eagle in no way coincides with that plan of development.
The City of Eagle cannot provide any benefits to the area,
such as police protection, sewer and water, fire protection,
etc. other than the same services that are now available to
the area. Likewise, the proposed annexation of the agricul-
tural ground provides no reasonable benefit to the City of
Eagle.
The real hidden purpose for such annexation appears to be
improvement of the chances for the annexation of the devel-
opment known as Middlebrook.o The City Council must legally
find some Justification for an annexation other than the
request of the developers or would-be developers, to carry
out an annexation since its decision affects each and every
citizen of the City. The Council must base its decision
upon the planning goals of the Comprehensive Plan instead
of the monetary dreams of persons who claim to be interested
merely because they own the land. Idaho Code 50-222,
,,Annexation of Adjacent Territory" states, in part," .... the
city may annex only those areas which can be reasonably
assumed to be used for orderly development of the city."
Since Community Design Map XII supposedly anticipated "order-
ly development" to exclude the agricultural lands presently
being considered for annexation, this Council, in fulfilling
its charge to conscientiously guide the development of Eagle,
should recognize that these lands do not conform to Idaho
Code 50-222, and should deny this annexation.
0
ge
There must be some comprehensive policy for determining
which lands are to be annexed other than to merely add
areas to the city which presently offers little or no
services and annexes land as if it were the city' s Man-
ifest Destiny to expand its territory. At the present
rate of annexation, within a few years the City of Eagle
will encompass a gigantic land area while not providing
for sewer, fire protection, police protection, street
lights and other obvious city benefits which traditionally
and legally Justify annexation. Such planning, or lack of
plauningt results in a city of massive size, with a large
population, but little or no traditional services.
Furthermore, because such an area and population has been
withdra~n from the County, it then becomes a burden on
the City to maintain and improve the services lost by
that population area being withdrawn from the County.
This then beoomes a Justifioation for increasing the tax
base to duplicate the lost county services.
The proposed annexation is contrary to the original and
continuing Justification for the City of Eagle, which was
to prevent the City of Boise from expanding its control
over the oitizens of the Eagle area. Now it appears the
City of Eagle has begun the same uncontrolled, unplanned
acqusitlon of territory.
The minutes of the September 2, 1980 meeting of the Eagle
Planning and Zoning Commission state that annexation of this
land meets the Co~orehensive plan goal for "zoning A,
Agriculture ". It does not, however, answer the following
important questions:
W~Z should this agricultural land become
a part of the City of Eagle?
What benefit will the City derive from
adding agricultural land to its tax polls?
What benefit will the landowners derive
from being in the City of Eagle?
If the hidden purpose behind this annex-
ation is not to build a land bridge to
the Middlebrook property, thereby satis-
fying the requirement of ,,contiguity"
placed upon the City of Eagle by Idaho
Code 50-222, what is the purpose of the
proposed annexa--~on--~-
In Hendricks vs. City of Nampa, the court
held thatt "While annexation may be auth-
orized under section 55-222, it must also
pass the test of reasonableness." At their
September 2, 1980 meeting, the Planning
and Zoning members addressed only the issue
of how the parcels should be zoned. They
stated it was not their responsibility to
provide recommendations on whether or not
the parcels should, in fact, be annexed.
Therefore, we request that the Eagle City Council deny these above
mentioned parcels annexation.
Barry Watts
President
Eagle Citizens Assoc.,Inc.
The following Eagle area residents have reviewed this testimony
and want to indicate their support. They wish it to be considered
as their testimony for this public hearing also.
Bennie Watts
Peggy J. Holmquist
Susan Kell,er
Diana Dowdy
E Glenn C. Bothwell
Charlotte Chaney
Brian McColl
Susan D. McColl
Florence Morris
Jim Trent
Francis Transtrum
Roger Myers
Pat Wickman
Thelma Hancock
David G. Mathias
Elaine Gowan
E.A. Haroldson
Don Roberts
John E. Smith
Michell Dowdy
Donna Eley
James L. Burton
Jean Otto
Jay Holm
Leslie M. Stiburek
~Betsy Langley
Gabe Holmquist'
· Frank Stoppello
Jim Dowdy
Judy Prltchard
Shirley Knight
Barbara Boylan
Dean G. Pritchar~
Rich Howard
Suzette Trent
Gary Caballero-
Lila ~ers
Alan Tisdale
Barry Pharoah
Marlene Mathias
Jerri Clark
Janrra L. Nemelka
Carol Roberts
Richard Cowdery
Kathleen Dowdy
Bill Roberts
Judy S. Burton
John Hendrikse
Ed Van Dusen
Carol Stiburek
~James Langley
Warren Keller
Vickie M. Stoppello
Glida Bothwell
Gayle McKee
Sandi Fisher
Richard F. Boylan
Robert Morris
Tom Sorge
Kathie Kynaston
Candy Lee Caballero
Glenn Wickman
Mary Tisdale
Wylene Pharoah
Stuart Gowan
James Clark
Joseph N. Nemelka
Sharon Smith
Lee Cowdery
Bill Eley
Karen Roberts
Roger Otto
Jay Holm
Catherine Sorge
Jay Transtrum
George Traustrom
W.B. Rainey
Ora Winn
John Wilson
Sandi Alter
Lyn Burlile
Ron Hibbard
Ray Stovall
Susan Jack
Hazel Rainey
Reed Teusoher
Betty Wilson
Ronald W. Alter
S. Case
Debbi Hibhard
Janice A. Crawford
L.D. Jack
Eber E. Winn
Judy Teuscher
Donita Stephensen
Mark L. Stephensen
Beulah Walker
Carolyn Stovall
Rustin Crawford
17 ,_ , /- ----