Minutes - 1981 - City Council - 01/28/1981 - RegularP.O. BOX 477
EAGLE, IDAHO 83616
208-939-6813
Mayor: Jerry Deckard
Council: Floyd Decker
Carol Haley
Orval Krasen
LeRoy Pearman
January 28, 1981
The regular meeting of the Eagle City Council was called to order on
Wednesday, January 28, 1981 at 7:30 P. M. at the Eagle City
Hall by Mayor Deckard.
DECKER, HALEY, KRASEN, PEARMAN were present.
Moved by KRASEN and seconded by PEARMAN that the minutes of the previous
meeting of January 13, 1981 be approved as written. Motion resulted
as follows: AYE: DECKER, HALEY, KRASEN, PEARMAN. Motion carried.
Moved by KRASEN and seconded by ?EARMAN to adopt Resolution 2-81
"A RESOLUTION RECOMMENDING THE ADOPTION OF THE FACILITY AND TREATMENT
ALTERNATIVE OF THE EAGLE SEWER DISTRICT, RECOMMENDING THE M~THOD OF
PAYMENT, RECOMMENDING DISPATCH PROCEEDINGS, AND COOPERATIVE AGP, EEMENTS
BETWEEN THE CITY OF EAGLE AND THE EAGLE SEWER DISTRICT."
Roll call on the motion resulted as follows: AYE: DECKER, HALEY,
KRASEN, PEARMAN. Motion carried.
Moved by PEARMAN and seconded by DECKER to adopt Resolution 3-81
"A RESOLUTION RECOMMENDING A PUBLIC HEARING BE HELD BY THE HOUSE
APPROPRIATIONS COMMITTEE ON HOUSE BILL 72 DECLARING THAT A 543
ACRE STATE-OWNED LAND SOUTH OF EAGLE IS SURPLUS AND CALLS FOR ITS
TRANSFER TO THE STATE DEPARTMENT OF PUBLIC LANDS, WITH INSTRUCTION
THAT IT BE SOLD, AND THAT THIS BILL BE DEFEATED BY THE HOUSE AND
SENATE.
Roll call on the motion resulted as follows: AYE: DECKER, RALEY,
R_RASEN, PEARMAN. Motion carried.
Frank Stoppello, representing Eagle Citizens Association, presented
the council with a similar resolution passed by their association.
Ron Marshall, chairman of the Design Review Board and Charlie
Hartman representing Provident Federal Savings, presented a drawing
of the proposed sign to be installed at their new location on
Highway 44 and Stierman Way.
Moved by KRASEN and seconded by HALEY that this council has reviewed
the application from Provident Federal for their standing outdoor
sign, we have reviewed it in using Ordinance #55 and find that it
complies with Ordinance #55 and that the Design Review Board has
approved this sign, therefore the city council also approves the
sign.
Motion resulted as follows: AYE: DECKER, HALEY, KRASEN, PEARMAN.
Motion carried.
Page 2
January 28, 1981
Vern Schoen, Eagle Building Inspector informed the council that a metal
type pole building had been constructed in an Industrial Zone in
Eagle without issuance of a building permit. The building is not
in conformance with the Uniform Building Code.
Roger Wilkerson of Boise Construction Agency presented the council
with a letter from Kenneth E. Freeze, D & K Associates,and plans
for a firewall to be constructed on the building.
A decision was made that this was an administrative decision to be
made by the zoning administrator.
An administrative decision was made during the meeting that a swimming
pool is not considered a structure.
Mayor Deckard declared a five minute recess at 8:15 P. M.
Mayor Deckard called the meeting back to order at 8:20 P. M.
Mayor Deckard informed the council that Ordinance #45 as previously
passed must be revoked because the annexation was not contiguous to
the City of Eagle because of acretian land.
Moved by KRASEN and seconded by DECKER to revoke Ordinance #45 which
annexes the Quarter Circle Property since that property is not
contiguous to the city due to acretian land.
Roll call on the motion resulted as follows: AYE: DECKSR, HALEY,
KRASEN, PEARMAN. Motion carried.
Councilman KRASEN presented the council with a written report from the
comprehensive plan committee.
Moved by KRASEN and seconded by HALEY that a letter be written to
planning consultants to obtain approximate bids from them and the
time involved to complete that portion of the plan which will be
redone for them to give us data on the four elements that we
require and for them to give us the same like data on redoing the
entire comprehensive plan to comply with the Local Planning Act.
Motion resulted as follows: AYE: DECKER, HALEY, KRASEN, PEAtLMAN.
Motion carried.
Ordinance #69 was introduced to the council. AN ORDINANCE FOR THE
CITY OF EAGLE, IDAHO, REPEALING ORDINANCE NO. 51 OFFICIAL ZONING
MAP AND AMENDING ORDINANCE NO. 40, ZONING ORDINANCE ARTICLE IV, TO
INCLUDE THE ADOPTING OF A MAP OF SAID LAND USE ZONES.
Moved by KRASEN and seconded by DECKER that in accordance with 50-902
Idaho Code, this Council dispense with the rule requiring that Ordinance
No. 69 be read on three (3) different days and the rule that
one (1) reading shall be in full.
Roll call on the motion resulted as follows: AYE: DECKER, KRASEN,
HALEY, PEARMAN. Motion carried.
Mayor Deckard read Ordinance #69 by title only.
January 28, 1981
Page 3
Moved by HALEY and seconded by PEARMAN to adopt Ordinance #69.
Roll call on the motion resulted as follows: AYE: DECKER, HALEY,
PEARMAIN, KRASEN. Motion carried.
Moved by KRASEN and seconded by HALEY that the application from Mel
Lawrence to change the Eagle Zoning Ordinance to allow septic tanks
and dry lines in densities greater than R-1 be denied for the
following reasons:
The Eagle Planning and Zoning Commission held a public hearing on this
application and on November 4, 1980, recommended to this council that
the requested change be denied.
Paragraph 3.1 of Eagle Ordinance No. 62, Impact Area Agreement,
states that any rezone of land in the impact area to other than
D-1 or G-1 will require an amendment to the Eagle Comprehensive Plan.
Paragraph 67-6508 (C), I.C., Local Planning Act of 1975, states that
a map shall be prepared indicating suitable projected land uses for
the jurisdiction. The current Eagle Comprehensive Plan does not
comply with this requirement in that it fails to recognize currently
platted and built on areas and assigns a general land use of
combined agricultural/rural residential, with a density of 3 du/acre.
It has been the policy of this council as expressed in many meetings and
in the current Comprehensive Plan, that development should take place
within the city limits only and that generally development will take
place from the central city outward.
5. The Eagle Sewer District passed a motion on October 13, 1980,that they
do not approve dry line septic tank systems.
While allowing for septic tanks and dry line sewers is not necessarily
in conflict per se with the Impact Area Agreement, or the Eagle
Comprehensive Plan, the integration of this concept is not a simple
matter. In order to ensure proper growth control, rewrite of
Eagle ordinances and the Comprehensive Plan would be required. Since
the sewer plan has not yet been adopted, the impact area is being
challenged, and a rewrite of the plan is being studied, it is
considered premature to approve this application at this time.
Motion resulted as follows: AYE: DECKER, HALEY, KRASEN, PEARMAN.
Motion carried.
Councilmansalaries were discussed and Mayor Deckard will appoint a
cormmittee to study this matter.
January 28, 1981
Page 4
Mayor Deckard appointed counci~ DECKER as chairman of an adhoc committee
on annexations.
Moved by PEAiLMAN and seconded by DECKER to confirm the clerk's
selection of a special election date to be held March 24, 19817
from 12:00 P. M. - 8:00 P. M. at the Eagle City Hall for an
initiative "The City of Eagle, Idaho, shall not annex any areas
located south of the South Channel of the Boise River, Township
4 North, Range 1 East, and Township 4 North, Range 1 West,
Boise, Meridian, Ada County, Idaho, for a period of five years
following adoption of this ordinance", and that Ann Gallinger be
appointed Deputy Registrar.
Motion resulted as follows: AYE: DECKER, HALEY, KRASEN, PEARMAN.
Motion carried.
Moved by KRASEN and seconded by DECKER to authorize the mayor to
sign a pledge roster with water committee to pay up to $20.00 a
foot for a water line running past city property.
Roll call on the motion resulted as follows: AYE: DECKER, HALEY,
KRASEN, PEARMAN. Motion carried.
~te~st:
City Clerk