Loading...
Minutes - 1981 - City Council - 05/26/1981 - RegularP.O. BOX 477 EAGLE, IDAHO 83616 208-939-6813 Mayor:. Jerry Deckard Council: Floyd Decker Carol Haley Orval Krasen LeRoy Pearman May 26, 1981 The regular meeting of the Eagle City Council was called to order at 7:30 P. M. on May 26, 1981 by Mayor Deckard at the Eagle City Hall. Members present: DECKER, HALEY, KRASEN, PEARMAN. Moved by KRASEN and seconded by HALEY that the minutes of the previous meeting of May 12, 1981 be approved as printed. Motion resulted as follows: AYE: DECKER, HALEY, KRASEN, PEARMAN. Motion carried. Mayor Deckard announced that this was the time and the place for a public hearing on the following changes to the Comprehensive Plan~ "I~LETE" pages 61 and 62 of the Comprehensive Plan titled AMENDING THE COMPREHENSIVE PLAN "ADD" - AMENDING THE COMPREHENSIVE PLAN (A) Any person may petition the Planning and Zoning Commission for a plan amendment at any time. The applicant will submit a letter for a Comprehensive Plan amendment which will contain the following: 1. Specific definition of the change being requested. 2. Specific information on any property involved. 3. The condition or situation which warrants a change being made in the plan. 4. The public need for and benefit from such a change in the Plan. 5. Documentation that no other solutions to the problem presented by the current policy of the Plan are possible or reasonable. 6. Development intentions for any land involved. 7. Any other data and information needed by the Planning and Zoning Commission in evaluating the proposal. (B) No application will be considered until the required information is complete. (C) The City Council and the Planning and Zoning Commission shall comply with Title 67, Chapter 6509, Idaho Code in amending or repeal of the Comprehensive Plan. Susan McCall, Riverview, Eagle, submitted a petition to the council in opposition to the proposed changes. The petition was signed by a total of 57 residents Of Eagle or the Impact Area. A copy of the peitition will become a permanent part of the minutes of this meeting. Frank Stoppello, Arlington, Eagle, told the council he felt the action to amend the Comprehensive Plan was illegal. There being no further public testimony, the public hearing was declared closed. Mayor Deckard read Resolution No. 5-81 A RESOLUTION AMENDING THE EAGLE COMPREHENSIVE PLAN ADOPTED APRIL 18, 1978. Moved by KRASEN and seconded by PEARMAN to adopt Resolution 5-81, A RESOLUTION AMENDING THE EAGLE COMPREHENSIVE PLAN ADOPTED APRIL 18, 1978 for the following reasons: May 26, 1981 Page 2 Co Roll call on the motion resulted as follows: NAY: HALEY. Motion carried. a. The Eagle Planning and Zoning Commission complied with the provisions of 67-6509, I. C., gave public notice, held a public hearing and unanamously recommended on April 23, 1981 that the Eagle Comprehensive Plan be changed by deleting pages 61 and 62 and adding a new section entitled "AMENDING THE COMPREHENSIVE PLAN", the body of which is contained in Resolution 5-81. b. The Eagle City Council complied with the provisions of 67-6509, I. C., gave public notice and held a public hearing on the proposed change to the Eagle Comprehensive Plan, and Error in procedures sC forth on pages 61 and 62 of the Eagle Comprehensive Plan, and there is substantial change to warrant the proposed change. AYE: DECKER, KRASEN, PEARMAN. Ron Marshall, Chairman Design Review Board made a presentation on Design Review Application 2-81 for the Idaho First National Bank involving a drive-up window and landscaping. FLOODPLAIN ORDINANCE - AN ORDINANCE FOR THE CITY OF EAGLE, ADA COUNTY, IDAHO, REPEALING ARTICLE VIII, FLOOD PLAIN OVERLAY DISTRICT (FP) OF ORDINANCE NO. 40, ZONING ORDINANCE; AMBNDING ARTICLE I, SECTION B. MBANING OF TERMS OR WORDS, OF ORDINANCE 40; SETTING FORTH FINDINGS OF FACT, STATEMENT OF PUP-POSE, METHODS OF REDUCING FLOOD LOSSES, AND DEFINITIONS; SETTING FORTH GENERAL PROVISIONS; CREATING A FLOODWAY DISTRICT AND ESTABLISHING BOUNDARIES THEREOF; PROVIDING FOR OFFICIAL MAPS; PROVIDING FOR COMPLIANCE AND FOR ABROGATION AND GREATER RESTRICTIONS, INTERPRETATIONS, AND WARNING AND DISCLAIMER OF LIABILITY; ESTABLISHING A DEVELOPMENT PERMIT; DESIGNATING A ZONING ADMINISTRATOR AND HIS DUTIES; PROVIDNG FOR AN APPF~kLS BOARD; PROVIDING FOR VARIANCES; ESTABLISHING PROVISIONS FOR ENFORCEMBNT AND PENALTIES, CONTENT OF APPLICATIONS, APPROVAL OF AND EXPIRATION OF DEVELOPMENT PERMITS; AND PROVIDING FOR A SCHEDULE OF FEES. This ordinance received its first reading by title only by Mayor Deckard. Councilman Krasen presented the Mayor and Council with a letter from himself reguarding the Eagle Sewer District. The council gave confirmation to the attorney to investigate the following steps. 1. If the City can legally acquire control of the Eagle Sewer District. ~2. If it is no~ legally possible to acquire control of the Sewer District, an opinion on whether or not the City of Eagle can start its own sewer system. Councilperson HALEY spoke to the council concerning the progress at HILLSIDE PARK and also suggested the lease for Lions Park with the Sewer District be broken. Moved by PEARMAN to return the Lions Park to the original owner and dispose of it at the end of the mowing season of 1981. PEARMAN rescinded his motion. Moved by PEARMAN and seconded by HALEY that we return the Lions Park to the original owner and give up its use on September, 1981. Motion resulted as follows: AYE: DECKER, KRASEN, HALEY, PEARMAN. Motion carried. Mayor Deckard declared a 5 minute recess. Mayor Deckard called the meeting back to order. May 26, 1981 Page 3 Moved by KRASEN and seconded by DECKER that the Design Review Application of the Idaho First National Bank be approved with the conditions outlined in the Design Review Board minutes of April 9, 1981 and May 19, 1981. This council has used Eagle City Ordinance #55 in considering this application and recognizes that this is a minor addition to the bank only. The Idaho First National Bank is to be congratulated on their proposed landscape plan. Motion resulted as follows: Aye: DECKER, KRASEN, HALEY, PEARMAN. Motion carried. Moved by DECKER and seconded by PEARMAN to amend a motion made May 12, 1981 concerning the annexation presented by Terry Klein amending the previous action to be one of simply tabling the application. Mayor Deckard asked Klein if he would agree to the motion. Klein accepted. Roll call on the motion resulted as follows: AYE: DECKER, PEARMAN. NAY: HALEY, KRASEN. Mayor Deckard voted AYE. Motion carried. Moved by DECKER and seconded by PEARMAN that the Klein application for annexation be taken off the table and put before the council for consideration. Roll call on the motion resulted as follows: AYE: DECKER, HALEY, PEARMAN. NAY: KRASEN. Motion carried. Terry Klein, Harris Klein and Associates presented the council with a rendering of what could happen on the 85 acres in question of annexation. Moved by DECKER and seconded by PEARMAN to waive the requirement that ordinances be read on three different days and dispense with the full reading of the ordinance and that it be read by title only. Roll call on the motion resulted as follows: AYE: DECKER, PEARMAN. NAY: KRASEN, HALEY. Mayor Deckard voted AYE. Motion carries. Attorney Welsh brought out that the motion failed because one-half plus 1 of the members of the full council did not vote to dispense with the rules. Mayor Deckard read Ordinance No. 71 AN ORDINANCE ANNEXING CERTAIN LANDS AND TERRITORY, SITUATE IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF EAGLE CITY, ESTABLISHING AND DETERMINING THE LAND USE CLASSIFICATION OF SAID LANDS AS M-IA; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY AUDITOR, THE ADA COUNTY TREASURER, THE ADA COUNTY ASSESSOR, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; This constituted the second reading of this ordinance by title only. There being no further business toc~ef~or the council~ meeting was adjourned.~/~ ~~f ?