Minutes - 1981 - City Council - 01/13/1981 - RegularP.O. BOX 477
EAGLE, IDAHO 83616
208-939.6813
Mayor: Jerry Deckard
Council: Floyd Decker
Carol Heley
Orval Krasen
LeRoy Pearman
January 13, 1981
The regular meeting of the Eagle City Council was called to order on
January 13, 1981 at 5:00 P. M. at the Eagle City Hall.
DECKER, KRASEN, PEARMAN were present. HALEY was excused.
The minutes of the previous meeting of December 9, 1981 were corrected
as follows: Page 1, line 1 ~ 9.
Page 1, line 3 - ~ 9.
Page 1, paragraph 4, line 3 - ~ues~ed questioned.
Moved by KRASEN and seconded by PEARMAN that the minutes of the previous
meeting be approved as corrected.
Motion resulted as follows: AYE: DECKER, KRASEN, PEARMAN. Motion carried.
Mayor Deckard informed the council of initiative and referendum petitions
that were submitted to the city clerk by Frank Stoppello.
INITIATIVE PETITION - "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."
REFERENDUM PETITION - "We, the undersigned citizens and registered electors
of the City of Eagle, Idaho, respectfully demand that Ordinance No. 62
of the City of Eagle, Idaho, be submitted to the legal voters of the City
of Eagle, Idaho, for their approval or rejection; that a special election
therefore be called; that we, each for himself say; I am a registered
elector of the City of Eagle, Idaho, my residence, Post Office Address,
County, Election Precinct and the date I signed this petition are
correctly written after my name."
A letter was read to the council from the city clerk stating the
petitions have the required number of signatures and are in the
required form.
Mayor Deckard announced that authorization for holding Executive
Session on this matter is identified in Idaho Code 67-2345 Section F.
Moved by KRASEN and seconded by PEARMAN that in accordance with
67-2345 (f) I. C. that this council go into executive session for the
purpose of eliciting legal opinions concerning the Referendum and
Initiative Petitions awaiting action by this council.
Roll call on the motion resulted as follows: AYE: DECKER, PF~kRMAN.
KRASEN. Motion carried.
Mayor Deckard declared the regular session of this meeting closed.
Mayor Deckard declared the executive session of this meeting open.
January 13, 1981
Page 2
The executive session was declared closed at 6:30 P. M. and the regular
session reconvened at 6:40 P. M.
minutes
Mayor Deckard informed the audience that~during the executive sessioninclude
legal ramifications surrounding the Referendum and Initiative Petitions
that were submitted to the council by the city clerk were discussed
with the results from our legal council and others.
Moved by KRASEN and seconded by DECKER concerning the Referendum Petition
which demands that Ordinance No. 62 of the City of Eagle, Idaho, be
submitted to the legal voters of the City of Eagle, Idaho, for their
approval or rejection and that a special election therefore be called, I move
that the Eagle City Clerk be instructed to notify the person or organization
under whose authority the petition was circulated that the Referendum
Petition is defective and is rejected because an ordinance defining or
amending an agreed-upon Area of City Impact pursuant to Idaho Code
67-6526 is not subject to initiative or referendum.
Roll call on the motion resulted as follows: AYE: DECKER, KRASEN, PEARMAN.
Motion carried.
Moved by KRASEN and seconded by PEARMAN concerning the initiative petition
which demands that an ordinance limiting future areas of annexation
of the City of Eagle, Idaho, I move that the Eagle City Clerk be
instructed to call a special election for this Initiative Petition
said election to take place not more than 90 days following the
certification of the petition.
Roll call on the motion resulted as follows: AYE: DECKER, KRASEN, PEARMAN.
Motion carried.
Ordinance #60 was introduced to the council. AN ORDINANCE FOR THE CITY
OF EAGLE, IDAHO, AMENDING ORDIANCE NO. 40, ZONING ORDINANCE, BY REPEALING
ARTICLE VII, AND ADDING A NEW ARTICLE VII TO INCLUDE THE ADOP~NG OF A
MAP OR AN OVERLAY DISTRICT WHEREIN THE INTERIOR SIDE YARD MINIMUM
REQUIREMENTS ARE CHANGED.
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. 60 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, PEARMAN.
Motion carried.
Mayor Deckard read Ordinance #60 by title only.
Moved by KRASEN and seconded by DECKER to adopt Ordinance No. 60 for
the following reasons:
1. These changes to the Eagle Zoning Ordinance were recommended by
a citizens committee appointed by the Mayor.
2. The Eagle Planning and Zoning Commission held a public hearing on
these changes and on November 4, 1980 recommended these changes to
this council.
3. This council held a public hearing on these changes on December 9,
1980. There was no testimony.
4. These changes alleviate some of the problems for the older part of
Eagle posed by the current language in the Zoning Ordinance and these
changes should help in the rehabilitation and revitalization of the
area involved.
January 13, 1981
Page 3
Roll call on the motion resulted as follows: AYE: DECKER, KRASEN,
PEARMAN. Motion carried.
Ordinance No. 68 was introduced to the council. AN ORDINANCE FOR THE
CITY OF EAGLE, ADA COUNTY, IDAHO REPEALING ORDINANCE NO. 20, ESTABLISHING
AN EAGLE PLANNING AND ZONING COMMISSION, AND ESTABLISHING AN ORDINANCE
DEFINING AND CREATING THE EAGLE PLANNING AND ZONING COMMISSION: PROVIDING
FOR QUALIFICATIONS OF SAID COMMISSION: PROVIDING FOR THE TERM OF OFFICE,
RULES AND ORGANIZATION: PRESCRIBING THE DUTIES OF SAID COMMISSION:
PROVIDING FOR MAPS, PLATS AND REPLATS FOR EMPLOYEES AND EXPENDITURES:
SEVERABILITY AND AN EFFECTIVE DATE. PURSUANT TO CHAPTER 65, TITLE
67, IDAHO CODE.
Moved by KRASEN and seconded by PEARMAN that in accordance with
50-902, Idaho Code, this Council dispense with the rule requiring
that Ordinance No. 68 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,
PEARMAN. Motion carried.
me
Roll call on the motion resulted as follows:
PEARMAN. Motion carried.
Mayor Deckard read Ordinance No. 68 by title only.
Moved by KRASEN and seconded by DECKER to adopt Ordinance No. 68 for
the following reasons:
1. The Eagle Planning and Zoning Commission held a public hearing on
this Ordinance. On October 7, 1980 the commission recommended
approval of this Ordinance to this council.
This Ordinance complies with Chapter 65, Title 67, Idaho Code,
whereas the ordinance it replaces, Ordinance No. 20 does not.
This Council held a public hearing on this Ordinance on December
9, 1980 and there was no testimony.
AYE: DECKER, KRASEN,
Mayor Deckard announced that the Bank Club had complied with the
parking requirements and he had issued a license to them for beer
and wine.
Moved by KRASEN and seconded by DECKER that we confirm the mayors
action in issuing a beer and wine license to the Bank Club.
Motion resulted as follows: AYE: DECKER, KRASEN, PEARMAN. Motion
carried.
An annexation request was received from Terry Klein representing
First Renegade Adventure to annex a parcel of property located north
of the Boise River and east of Eagle Road.
Moved by KRASEN and seconded by PEARMAN that the annexation request
from First Renegade Adventure be forwarded to the Eagle Planning and
Zoning Commission for their recommendation to this council in
compliance with 67-6525, Idaho Code, on changes to the Comprehensive
Plan, if any, and changes to the Zoning Ordinance, for the unincorporated
area being considered for annexation; Further, that in accord with
67-6511A, Idaho Code, the Commission evaluate these requests for
amendment to the Zoning Ordinance, specifically the Zoning Map, to
evaluate them and to determine the extent and nature of the
amendments required; Further, that in accord with 67-6511B, Idaho
Code, if the commission determines these requests are in accord with the
January 13, 1981
Page 4
Eagle Comprehensive Plan, the commission is to follow the notice and
hearing procedures outlined in 67-6509, Idaho Code and provide notice
by mail to property owners and residents within 300 feet of the
property being considered for annexation and any additional area that
may be impacted by the proposed changes as determined by the Commission;
AND, upon conclusion of hearings the commission is to recommend to this
governing board to either adopt or reject the zoning ordinance
amendments necessary to annex this unincorporated area and recommend
the zoning to be assigned.
Motion resulted as follows: AYE: DECKER, KRASEN, PEARMAN. Motion
carried.
Moved by DECKER and seconded by PEARMAN to nominate Krasen for a
second outstanding term as council president.
Motion resulted as follows: AYE: PEARMAN, DECKER, KRASEN didn't know what to do.
Motion carried.
Mayor Deckard made the following council appointments for 1981:
HALEY - Parks and Recreation
DECKER - Finance
KRASEN - Planning and Zoning
PEARMA_N - Library
Moved by KRASEN and seconded by PEARMAN to confirm the mayors
appointments.
Motion resulted as follows: AYE: PEARMAN, DECKER, KRASEN.
Motion carried.
Resolution 1-81 - Update of Capital Improvements program was introduced
to the council.
Moved by KRASEN and seconded by DECKER to adopt Resolution 1-81
"A RESOLUTION TO UPDATE TABLE VI-l, VI-2, VI-3 AND VI-4 OF THE
CAPITAL IMPROVEMENTS PROGRAM, EAGLE, IDAHO, DATED NOVEMBER
28, 1978."
Roll call on the motion resulted as follows: AYE: DECKER, KRASEN,
PEARMAN. Motion carried.
Moved by KRASEN and seconded by DECKER to approve payments of the claims
against the city.
Roll call on the motion resulted as follows: AYE: DECKER, KRASEN, PEARMAN.
Motion carried.
The next regular meeting of the Eagle City Council will be held
Wednesday, January 28th 1981 rather than Tuesday, January 27, 1981.
There being no further business to coj~ the council, t~ meeting
was adjourned. ~ ~ ~