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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. ~ ~ ~