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Minutes - 1983 - City Council - 05/10/1983 - RegularCITY OF EAGLE COUNCIL MINUTES MAY 10, 1983 The Council met in regular session at 7:30 P.M. on Tuesday, May 10, 1983, at Eagle City Hall. Mayor Deckard presiding. Roll call showed the following members present: HALEY, STOPPELLO, DECKER, WALKER. Moved by HALEY and seconded by DECKER to approve the minutes of the council meeting of April 26, 1983 as printed. Motion resulted as follows: AYE: HALEY, STOPPELLO, WALKER, DECKER. Motion carried. Councilman DECKER made a report on the APA. He had three points for consideration: 1. An appointment from the Eagle City Council to the APA Air Quality Board. 2. A meeting with Vern Emery on the Joint Powers Agreement with Ada County. 3. New figures on the population census and residential devel- opment capacity. Harvey Gross and Dale Rosebrock of the APA staff presented the new population figures to the council. Mayor Deckard announced that this was the time and the place for a public hearing on a rezone and change to the Comprehensive Plan submitted by Leslie Cullen for property located on North Eagle Road, south Of Highway 44 and north of the Boise Valley Packing Company. James Gipson, 82 E State Street, spoke in favor of the rezone and comprehensive plan change. There being no further testimony to come before the council, the Mayor declared the public hearing closed. Moved by HALEY and seconded by Walker to approve the application for an amendment to the zoning ordinance of the City of Eagle filed by Leslie Cullen subject to the preparation by the City attorney and approval by the City Council of the appropriate ordinance amending the zoning map presently contained in Ordinance #72. Councilman STOPPELLO said he was in favor of the rezone because it was not in conflict with the following policies of the Comprehensive Plan (a) The employment center for the Eagle Impact Area will include the town center and the area south of Highway 44 which generally lies within the 1982 Sewer and Water Planning Limits (b) Proposed industrial devel- opment shall not detract from the natural qualities of the Eagle environment (c) That the opportunity does exist for Eagle to create its own independent tax base through a moderate program of economic decelopment and (d) The primary location for in- dustrial development will be south of Highway 44 within less severe areas of the flood plain. Motion resulted as follows: AYE: STOPPELLO, WALKER, HALEY, DECKER. Motion carried. Moved by MALEY and seconded by WALKER to approve the amendment to the Eagle Comprehensive Plan requested by Leslie Cullen, subject to the preparation by the CSty attorney and submission to the City Council of a proposed resolution for approval by the City Council of the proposed Comprehensive Plan amendment. 15 Motion resulted as follows: AYE: DECKER. Motion carried. HALEY, STOPPELLO, WALKER, Mayor Deckard announced that this was the time and the place for the public hearing to consider the request from the Eagle Sewer District to grant a Development Permit and Condi- tional Use Permit to build a Sewer Treatment Plant on property located South of Highway 44 and within Section 18T, 4N, RIE in Ada County lying North of the North channel of the Boise River. Kirby Vickers, project engineer for the Eagle Sewer Treatment Plant, spoke in favor of the Development Permit and Conditional Use Permit. Wayne Crosby, P. O. Box 398, Eagle, spoke in favor of the Permits. Susan McCall, Riverview St., Eagle, expressed concern for the affected landowners. Fred Kunkler, Highway 44, Eagle, spoke against the Permits. There being no further test- imony to come before the council, the Mayor declared the public hearing closed. Moved by HALEY and seconded by STOPPELLO to approve the Conditional Use Permit application of the Eagle Sewer District subject only to the preparation by the City attorney and approval of the City Council of proposed Findings of Facts and Conclusions of Law in accordance with section 67-6535, Idaho Code. Motion resulted as follows: AYE: HALEY, DECKER, WALKER, STOPPELLO. Motion carried. Moved by HALEY and seconded by WALKER to grant approval of the Development Permit application of the Eagle Sewer District subject only to the preparation of proposed Findings of Fact and Conclusions of Law by the City attorney that explain the criteria and standards considered relevant, stating the facts relied upon and explaining the justification for approval based upon those criteria, standards and facts and submission of the proposed Find- ings of Fact and Conclusions of Law to the City Council at its next regularly scheduled meeting. Motion resulted as follows: AYE: HALEY, WALKER, DECKER, STOPPELLO. Motion carried. Moved by HALEY and seconded by DECKER to adopt RESOLUTION 2-83 "A RESOLUTION ESTABLISHING A FLOODPLAIN DEVELOPMENT PERMIT APPLICATION FEE, AND A VARIANCE TO THE FLOODPLAIN DEVELOPMENT PERMIT FEE:. Roll call on the motion resulted as follows: AYE: HALEY, DECKER, WALKER, STOPPELLO. Motion carried. Dave Slagel of Auto Enterprises asked the councils per- mission to open his business at 200 E. State Street, Eagle, with- out remodeling the building and only putting a sign out in front of the business. He was told to make an application to the Design Review Board for his sign. The City attorney was asked to make a legal determination concerning the question as to weather a business falls under the Design Review Ordinance simply by occupy- ing a previously unoccupied building. He was asked to have this opinion for the next meeting on May 24th. Moved by DECKER and seconded by WALKER to approve the claims against the CITY. Motion resulted as foll~YE: HALEY, DECKER. WALKER. Motion carri~>/~ STOPP~