Minutes - 1980 - City Council - 11/12/1980 - RegularP.O. BOX 477
EAGLE, IDAHO 83616
208o939-6813
Mayor: Jerry Deckard
Council: Floyd Decker
Carol Haley
Orval Krasen
LeRoy Pearman
November 12, 1980
The regular meeting of the Eagle City Council was called to order by Mayor
Deckardat 7:30 P. M. on November 12, 1980 at the Eagle City Hall.
Members present: DECKER, HALEY, KRASEN. PEARMAN was excused.
Councilman KRASEN corrected the minutes of the previous meeting to
read October 28, 1980 rather than October 29, 1980.
Moved by KRASEN and seconded by DECKER that the minutes be approved as
corrected.
Motion resulted as follows: AYE: DECKER, HALEY KRASEN. Motion carried.
A public hearing will be held December 9, 1980 on the following: Planning
and Zoning Ordinance, Setback Ordinance, Amendment to the Zoning Ordinance
to allow septic tanks and dry line sewers in an R-5 zoning designation.
Moved by KRASEN and seconded by DECKER to approve the beer and wine licenses
for 1980 for the following:
A. Savway Dairy Farmer - bottled or canned beer (not on premise)
B. Jimbo's Cafe - draught or bottled or canned beer
C. EM5 - bottled or canned beer (not on premise) wine (not on premise)
D. Eagle Beverage - bottled or canned beer (not on premise) wine (not on premise)
Motion resulted as follows: AYE: DECKER, HALEY, KRASEN. Motion carried.
Moved by KRASEN and seconded by HALEY that this council review the application
of the Eagle Bank Club for a beer and wine license and that the owners
be invited for a discussion, or that the mayor discuss this with the owners
and schedule this matter at the next regular council meeting.
Motion resulted as follows: AYE: DECKER, HALEY, KRASEN. Motion carried.
Moved by KRASEN and seconded by HALEY that the Wilder property not be annexed
at this time and that Ordinance No. 68 not be adopted because the testimony
.presented on behalf of Donald E. and Audrey L. Wilder has been reviewed
and this council neither agrees nor disagrees with the testimony at this
time. The Eagle Comprehensive Plan shows this area to be used for
residential development. Again, it is unfortunate that the plan was not
complete when first written to reflect existing zoning in the city and
the entire impact area and that the city has been prevented to date from
amending the plan and making these corrections.
Roll call on the motion resulted as follows: AYE: DECKER, HALEY, KRASEN.
Motion carried.
November 12, 1980
Page 2
Moved by HALEY and seconded by DECKER that Ordinances No. 46, 49, 63, 64,
65, 66 and 67 be separated from the total annexation pacakge since the
council has not received any testimony in opposition of those proposed
annexations to the East of the city and that there could be financial
hardship to some of those individuals who have waited about a year and
a half for the council to take action, this council dispense with the
rule requiring three readings and one reading in full and adopt those
ordinances according to 50-902 of the Idaho Code.
Roll call on the motion resulted as follows: AYE: DECKER, HALEY, KRASEN.
Motion carried.
Moved by HALEY and seconded by DECKER that the south annexations are
very important that everyone have a chance to be heard and that no
premature action be taken that would deny anyone the opportunity to
express their op~inions, but that the rule requiring that an ordinance
be read in full be dispensed with according to 50-902 of the Idaho Code
and that these ordinances be read by title only.
Roll call on the motion resulted as follows: AYE: DECKER, HALEY, KRASEN.
Motion carried.
Ordinance
Ordinance
Ordinance
Ordinance
Ordinance
Ordinance
Ordinance
Ordinance
Ordinance
Ordinance
#44 - Leonard Mace was read by title only for the first reading.
#45 - Quarter Circle was read by title only for the first reading.
#46 - Burkhart was read by title only for the first reading.
#47 - Leonard Mace was read by title only for the first reading.
#48 - Marie Main was read by title only for the first reading.
#49 - Mark Marz was read by title only for the first reading.
#50 - Verlan Mace was read by title only for the first reading.
#63 - Frank Marz was read by title only for the first reading.
#64 - Chastain was read by title only for the first reading.
#65 - Creed was read by title only for the first reading.
~ance #67 - Kleng was read b~,~it~eAonly fpr ~he~fir~t read~mg.
~rasen stated that during ~he eo~rse of ±ts del±ber~tions ~oneerning ~a§le
City Ordinance Numbers 46, 49, 63, 64, 65, 66 and 67, the
Eagle City Council has considered, among other things, the following:
A. The Eagle Comprehensive Plan
B. Eagle City Zoning Ordinance #40 and its amendments
C. Idaho State Local Planning Act of 1975 (I.C. 67-650---)
D. Annexation section of I. C. 50-222 thru 50-233
E. Recommendations of the Eagle Planning and Zoning Commission
F. Public testimony
November 12, 1980
Page 3
Based on these deliberations, this council has reached the following
conclusions and makes the following recommendations and motions:
A. The requirements of continuity have been met.
B. The owners of the properties to be annexed have either
requested annexation in writing or the property has been
laid off into blocks containing not more than five (5)
acres of land each.
C. These annexations are not contrary to the Eagle Comprehensive
Plan.
D. Proper notification has been given and hearing procedures have
been followed as outlined in I.~ 67-6509 and 67-6511.
Moved by KRASEN and seconded by DECKER to adopt Ordinance No. 46 (burkhart)
with the assigned zoning of (R-l) Residential.
Roll call on the motion resulted as follows: AYE: DECKER, HALEY, KRASEN.
Motion carried.
Moved by KRASEN and seconded by HALEY To adopt Ordinance No. 49 (Mark Marz)
with the assigned zoning of (R-i) Residential.
Roll call on the motion resulted as follows: AYE: DECKER, HALEY, KRASEN.
Motion carried.
Moved by KRASEN and seconded by DECKER to adopt Ordinance No. 63 (Marz)
with the assigned zoning of (R-i) Residential.
Roll call on the motion resulted as follows: AYE: DECKER, HALEY, KRASEN.
Motion carried.
Moved by
with the
resulted
KRASEN and seconded by DECKER to adopt Ordinance No. 65 (Creed)
assigned zoning of (R-i) Residential. Roll call on the motion
as follows: AYE: DECKER, HALEY, KRASEN. Motion carried.
Moved by KRASEN and seconded by HALEY to adopt Ordinance No. 66 (Marshall)
with the assigned zoning of Light Manufacturing (M-i).
Roll call on the motion resulted as follows: AYE: DECKER, HALEY, KRASEN.
Motion carried.
Moved by KRASEN and seconded by DECKER to adopt Ordinance No. 67 (Kleng)
with the assigned zoning of Light Manufacturing (M-I).
Roll call on the motion resulted as follows: AYE: DECKER, HALEY, KRASEN.
Motion carried.
Moved by KRASEN and seconded by HALEY to adopt Ordinance No. 64 (Chastain)
with the assigned zoning of (R-I) Residential. Roll call on the motion
resulted as follows: AYE: DECKER, HALEY, KRASEN. Motion carried..7 ~,~ ~
Moved by KRASEN and seconded by HALEYthaf~the officf~l Zoni/ng Map for Eagle
be amended to include all of the annexed areas and to show the zoning
applied and that this zoning map and amending ordinance be brought before
this council for adoption,a~;--gha naxt ra~la~l~ ~chcduled macring.
Roll call on the motion resulted as follows: AYE: DECKER, HALEY, KRASEN.
Motion carried.
November 12, 1980
Page 4
Mayor Deckard read a letter from the Eagle Business Association petitioning
the council to approve an L.I.D. to construct a water main from 2nd Street
in the alley immediately north of State Street, west to the proposed new
post office building, and from 2nd Street in the alley immediately south
of Sate Street, west to the Eagle Fire Station.
Dick Pieser, commissioner~of the Eagle Fire Department spoke with the
council.
Moved by KRASEN and seconded by HALEY that the mayor appoint an ad hoc
committee to look into this matter with the idea of going forward and
forming a~ L. I. D.
Motion resulted as follows: AYE: DECKER, HALEY, KRASEN. Motion carried.
Mayor Deckard appointed the following people to the L.I.D. Committee:
Stan Welsh, Orval Krasen, Dick Pieser and Floyd Decker. A meeting of
this committee will be held Wednesday, November 19, 1980 at 7:30 P. M.
and will report back to the council at the next regularly scheduled
meeting.
A letter was read from Robert DeShazo requesting a one year extension
of the Conditional Use Permit and Rezone granted on November 13, 1979
to Marcus/Marcus/DeShazo to construct an elderly housing unit at the
south end of 2nd Street and to renew the mobile home zoning classification
on property adjacent to the aforementioned property at the south end of
2nd street.
~M~-d-)by KRASEN and seconded by HALEY to grant a one year
extension
to this request.
Motion resulted as follows: AYE: HALEY, KRASEN. ABSTAIN: DECKER.
Motion carried.
A letter was read from Clifford Stephenson requesting an extension of the
conditional use permit for mobile home zoning on his property on
Highway 44, Eagle.
~ KRASEN and seconded by HALEY to grant a one year extension
to this request.
~Motion resulted as follows. · AYE: DECKER, HALEY, KRASEN. Motion
carried.
Pastor Ball from the Nazarene Church spoke with the council on difficulty
in installing a septic tank system at their new location.
Mayor Deckard will write a letter to the Central Health District stating
that the City of Eagle issued a conditional use permit for this property
and that it did meet the requirements of the Eagle Zoning Ordinance.
Moved by KRASEN and seconded by DECKER to approve the bills for October.
Roll call on the motion resulted as follows: AYE: DECKER, HALEY, KRASEN.
Motion carried.
November 12, 1980
Page 5
Mayor Deckard relinquished his chair to the president of the council,
Krasen. Ron Marshall presented Design Review Application #8-80 for
Deckard to the council.
Moved by HALEY and seconded by DECKER that the council approve application
#8-80 and that Ordinance #55 was used in the consideration and that the
application conforms with Ordinance #55 and the items contained in the
Design Review Board's recommendation.
Mayor Deckard was called back to the chair to poll the council.
Roll call on the motion resulted as follows: AYE: DECKER, HALEY,
KRASEN. Motion carried.
Frank Stopello, Route #3, Arlington Drive presented a referendum and
initiative petition to the city clerk.
There being no further business to come before the council, the meeting
test:
~ity Clerk