Minutes - 2009 - City Council - 02/17/2009 - Regular
EAGLE CITY COUNCIL
Minutes
February 17,2009
PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m.
1. Public Works Director Report: Discussion of Park and Pathways.
Public Works Director Echeita discusses the formation ofthe Park and Pathway Committee and
the reorganization of the Park and Pathway Committee. General discussion.
Reports on the ITD Projects, the Merrill Park Bridge and the Underpass under Eagle Road.
General discussion.
2. Mayor and Council Reports:
Shoushtarian: No Report
Mayor: Reports on the meeting with John Franden, ACHD, in regards to the intersections within
the City of Eagle. General discussion.
Huffaker: Discussion on the procedure to fill the vacant City Council position. General
discussion. Council concurs to put out a notice that we have a City Council position to be filled.
Semanko: No report
3. City Clerk/Treasurer Report: No Report
4. Zoning Administrator's Report: No Report
5. City Attorney Report: No Report
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER: Mayor Bandy calls the meeting to order at 7:35 p.m.
2. ROLL CALL: HUFFAKER, SHOUSHTARIAN, SEMANKO. All present. A quorum is
present.
3. PLEDGE OF ALLEGIANCE: Troop #308 leads the Pledge of Allegiance.
4. PUBLIC COMMENT: None
5. UNFINISHED BUSINESS: NONE
6. PUBLIC HEARINGS:
A. A public hearing for consideration of an amendment to the 2008/2009 fiscal year budget by
appropriating additional monies received by the City of Eagle, General Fund: Proposed Revenue
- $500,000.00 Proposed Expenditures - $500,000.00. (SKB)
A I. Ordinance No. 620: An ordinance of the City of Eagle, amending the annual
appropriation ordinance no. 608 for the fiscal year beginning October 1, 2008 to
reflect the receipt of unscheduled revenues, increasing and establishing the
appropriations for expenditures in the general fund, providing that the tax levy upon
taxable property within the City of Eagle is not affected hereby providing that all
ordinances in conflict herewith are repealed to the extent of such conflict and
providing that the ordinance shall be in effect upon its publication date.
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Mayor introduces the issue.
City Clerk Bergmann: Provides Council an overview of proposed amendment to the
Appropriation Ordinance. General discussion.
Mayor opens the Public Hearing
Jack Stuart, 246 S. Neskowin Way, I must admit that I was confused about this situation and I
thought we were going into debt. I didn't know that this was not a debt. I wrote a letter
requesting a citizens committee be formed to address this but now I understand that this is not
necessary.
Janet Buschart, 235 W. Floating Feather, thanks for all of your comments tonight and you are
managing your cash flow. I didn't know what budget reductions you were doing but I would like
you to look at tough budget cuts.
John Lindberg, 1085 N. Beachwood Place, I was confused about what was going on. I think
most people were confused and are wondering if our taxes are going to be increased. Discussion
on the fact that the City cannot increase property taxes.
Dave Sakey, 317 E. Kite Drive, discussion on the interest being paid on the TAN. Discussion on
revenue, expenditures and budget cuts.
Ernesto Figueroa, 944 N. Caladonia Place, I travel to Meridian and unfortunately spend my
money there on dining and etc. I have noticed the Buy Eagle First signs and I am wondering if
there is a task force or some committee pursuing citizens spending their tax dollars in Eagle.
General discussion.
Jay Friday, the confusion lies for me, if we are $IM short at the end of the year what happens are
out taxes going to go up over the 3%. General discussion.
Earl Amidon, 1359 Oak Hampton Drive, discussion on market value assessments from County
Assessor. General discussion.
Meredith St.Clair, 1778 N. Eagle Creek Way, discussion on the Communication Task Force.
Concerned about the Council being uninformed. I attended one of the meetings and found it
lacking. Discussion on the budget cuts.
Dave Sakey, discussion on what City Revenue is fixed.
Shoushtarian, I want to thank everyone for expressing their opinion. This budget is going to be
very complicated. I did not approve the Budget we have right now. I presented a proposal for a
budget and it was not approved. I want to work as team with the Council on this matter.
Semanko: This has been a great discussion and I hope you stay for the Budget Review. The
question right now is the amendment to the Budget.
General discussion on the Budget and Budget cuts.
Huffaker moves, pursuant to Idaho Code, Section 50-902, that the rule requiring
Ordinances to be read on three different days with one reading to be in full be dispensed
with, and that Ordinance #620 be considered after being read once by title only. Huffaker
reads Ordinance #620 by title only. Seconded by Semanko. Discussion.
Semanko I move that we table this Motion until after we have the budget discussion.
Huffaker I will withdraw my motion and second Semanko's motion. Discussion
Huffaker withdraws his motion. Second concurs.
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7. NEW BUSINESS:
A. Reauest of reduction or waiver of water consumption bill bv Lexinl!ton Hills
Homeowners Association. (ME)
Mayor introduces the issue.
Public Works Director Echeita distributes an e-mail from Brent Arte dated February 17,2008
and provides Council information regarding the water usage for Lexington Hills Pond. General
discussion.
Darrel Marsh, I am on the Homeowner's Association Board, distributes a handout to the Council
and discusses the same. General discussion.
Discussion on a proposed water credit for Lexington Hills Homeowners Association.
Public Works Director Echeita discusses the meter reading schedule and the electrical control
valve which is a sealed unit.
General discussion.
Darrel Marsh, a fix would be to install a timer so that it would run six hours a day. General
discussion.
Huffaker moves to amend the Lexington Hills Homeowner's Association Bill from
$10,974.13 to $6, 663.21, essentially splitting the cost of the water between the Lexington
Hills Homeowner's Association and the City. Seconded by Shoushtarian. Huffaker: AYE;
Shoushtarian: AYE; Semanko: AYE: ALL AYES: MOTION
CARRIES................................ ...
Further discussion.
C. Budl!et Review: (PB & SKB)
Mayor introduces the issue.
Council discusses putting a time limit on the amount of time allotted tonight.
General discussion and review of the proposed Budget reductions.
B. Ordinance No. 618: An Ordinance Of The City Of Eagle, Ada County Idaho Amending
Certain Sections Of Eagle City Code Title 8 "Zoning", Chapter 2A "Design Review Overlay
District"; Providing A Severability Clause; And Providing An Effective Date. (WEV)
Mayor introduces the issue.
Huffaker moves, pursuant to Idaho Code, Section 50-902, that the rule requiring
Ordinances to be read on three different days with one reading to be in full be dispensed
with, and that Ordinance #618 be considered after being read once by title only. Huffaker.
Huffaker reads Ordinance #618 by title only. Seconded by Semanko. ALL AYES:
MOTION CARRIES.................
Huffaker moves that Ordinance #618 be adopted. Seconded by Semanko. Huffaker: AYE;
Shoushtarian: AYE; Semanko: AYE: ALL AYES: MOTION
CARRIES................................ ...
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6A. A public hearinl! for consideration of an amendment to the 2008/2009 fiscal year
budl!et by appropriatinl! additional monies received by the City of Eal!le. General Fund:
Proposed Revenue - $500.000.00 Proposed Expenditures - $500.000.00. (SKB)
AI. Ordinance No. 620: An ordinance of the City of Eagle, amending the annual
appropriation ordinance no. 608 for the fiscal year beginning October 1, 2008 to
reflect the receipt of unscheduled revenues, increasing and establishing the
appropriations for expenditures in the general fund, providing that the tax levy upon
taxable property within the City of Eagle is not affected hereby providing that all
ordinances in conflict herewith are repealed to the extent of such conflict and
providing that the ordinance shall be in effect upon its publication date.
Mayor introduces the issue.
Semanko moves to continue Item 6A to the next meeting. Seconded by Huffaker. ALL
AYES: MOTION CARRIES.....................
City Attorney: I am requesting that you amend the agenda to add an Executive Session for
the discussion according to Idaho Code 2345(f) pending litigation in the Charney matter.
Semanko moves to amend the agenda to add an Executive Session according to Idaho
Code 2345(t) pending litigation in the Charney matter. Seconded by Huffaker. ALL
AYES: MOTION CARRIES.................
Semanko moves to go into Executive Executive Session according to Idaho Code 2345(t)
pending litigation in the Charney matter. Seconded by Huffaker. Huffaker: AYE;
Shoushtarian: AYE; Semanko: AYE: ALL AYES: MOTION CARRIES............
Council goes into Executive Session at 11: 15 p.m.
Council discusses pending litigation in regards to the Charney litigation.
Council leaves Executive Session at
8. ADJOURNMENT:
Semanko moves to adjourn. Seconded by Huffaker.
CARRIES...
ALL AYES: MOTION
Hearing no further business, the Council meeting adjourned at 12:00 a.m.
Respectfully submitted:
jJIj--v~ K~~
.... SHARON K. BERGMANN
CITY CLERK/TREASURER
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APPROVED:
PHI LIP J. BANDY
MAYOR
A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE
CITY HALL
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Michael Echeita
From: Brent Arte
Sent: Tuesday, February 17, 2009 4:28 PM
To: Michael Echeita
Subject: FW: Lexington hills Pond
From: Brent Arte
Sent: Tuesday, February 17, 2009 4:17 PM
To: Michael Echeita
Cc: Kellie McCombs
Subject: Lexington hills Pond
Page 1 of 2
Mike, I went back into my daily logs and got the following information about the process with the Lexington pond.
The city of Eagle officially took over the system at midnight October 17th. My trips to the Lexington pond are as
follows:
October 20—met Joe with United water to turn on main line valve to Lexington hills pond. Joe explained that in the fall
the HOA requests the valve on to fill their Ponds and they will request them off in the spring when the ditch has water—
Turned main line valve in our pit on
November 21 ---Routine meter read
December 19—Routine meter read
December 23—got a call from Kellie in the office about high consumption at the pond meter. I went out to re -read the
meter and at that time noticed that the pond was using 600-700 GPM. The pond seemed full; I gave this information to
Kellie this morning. We contacted Dot at development services and told her about the issue, we were instructed to turn
the main valve off by Dot at this time. Main valve shut off at 3:15pm
January 20-1 received a call from Hopkins Landscape that they needed the valve turned on to diagnose the problem. I
called Dot to ok this move and she agreed. I turned on the valve at 10:00AM---At 1:30pm Tony from Hopkins met me out
there to look in the meter pit at how the pond actually worked. He said his float was calling for water, but now he is not
getting any. Tim and I checked the pit for possible freezing and tried to get the cla Val to open manually. It opened
sending water through the meter like it should. When we tried to get it to open using the signal from Lexington's pump
house, it would not work. We left Tony telling him that the valve is receiving the signal to open manually but not from his
float. Our equipment is working properly.
January 22—Met Tony again at the pit at 10:OOam, he wanted us to see if any adjustments could be made to the valve
because he felt that the float was now working properly. We flipped the switch to make the valve call for water, it worked,
the cla Val opened and sent water to the pond at a rate of 500gpm.
January 29—Tony called today and said the valve wont open again, I again tried the switch and was getting signal for the
valve to open. Upon trying it manually again it opened as it should. I left Tony a message telling him that the valve is
working both manually and with the switch, there appears to be no problem and I left it running as it was working properly.
I did adjust the flow from 600gpm to 300gpm so that when the pond was running it would not take too much water away
2/1 7/2009
Page 2 of 2
from the normal system demand.
February 2-1 drove by at 8:30am to see if the valves had shut off on its own, it did and seemed to be operating normally
In the many trips to the pond Tim and I never had to make a major adjustment to the electronic cla val. It worked every
time we were there. The float or signal that Hopkins had in the pump house was not asking for water, when it did it
worked properly. The main problem was that the pond was asking for water continuously, that was in December. Once
we went out to tum it on again it seemed to be that the new problem was that it never asked for water.
Up to this point this is the only correspondence with the pond and its meter that I have had, according to our well
monitoring systems we have not noticed and abnormal flow since.
Brent Arte
Water Operator
2/17/2009
LEXINGTON HILLS HOMEOWNERS
WATER BILL APPEAL
In late December of last year one of our ponds was
overfilled with Eagle city water, sending the
excess to the inactive irrigation canal.
• The Lexington Hills Homeowners Association
did nothing to cause this waste of water.
• There is nothing that they could have done to
prevent it.
• There was nothing that they could do to stop it.
POND REFILL SCHEMATIC
•
1
is
R
Lexington Hill HOA 0
l•
Float Switch
A\
t
eter
Electric
Control
Valve
b
Manual Control Valve
u
Eagle Water Source
Locked Eagle Vault
POND WATER USE HISTORY
11/09/07 1,890,600 11/07/08 1,821,400
12/13/07 1,975,500 11/24/08 909,800
12/19/08 4,350,100
12/23/08 2,494,500
1/11/08 1,314,800 6,844,600
Average Daily Use during Nov & Dec 2007 = 50,965 gallons
Average Daily Use 11/07/08 to 11/24/08 = 50,594 gallons
Average 11/24 to 12/23 should be (50,594)29 = 1,467,226 gallons
6,844,600 - 1,467,226 = 5,377,374 Gallons
From: tonybonz@cableone.net
To: isaachenry100@hotmail.com; dot@dev-services.com; hopkinsevergreens@hotmail.com
CC: cbgear@msn.com
Subject: RE: Lexington Hills water issue
Date: Tue, 3 Feb 2009 23:37:21 -0700
s the sc,_:•c
City has a pocked vault. located at the west end of the pond with two different types of v=elves and a flow
c_I _.n.e s a manual urn .oniof valve csame as our irrigation valves on the corners thatt we tir, 1 w„ th _"
: aive Is npened and c!csed in the fall and spring respectively The other 'salve 's a C a -v, Ove
3i1a Noses .vhen .re float sends an electrical signal to a solenoid to do so. This float is located in the pump
-;e down in the vaunt where the irrigation pump is located at the east erd of the cond. The wire from the float
through n l ' f re / �h e e f�' sot 1 e C ! i
th�. � i.l.�h ,=, c.. _!r e ���� e nt s�r, it� .. s efcr onr _ _ ,r 0 to ;h o�err�:.d
'Jour 7._;!.. -?,,:tion on r. hat happened :n December. I'm rot ready sure :t sounas as '.hough the water
:las :hut off before .an /one cold `.est the float to see ,f 't 'au,`_y if t "."as sonTethino relse
most recsr tly s Hs ,r, a , .jt :hell.
s .gc
r', 7 .. .�
r.�
Excerpt From 3 Feb Email: Water Issue, Email.ppt
Jan. 15th, I called Dot to let her know the pond level was very low.
She told me it had been shut off because of the high water level in
December. She asked me to call Brent and ask him to turn it back
on. I did and he turned it on the next day. When I checked the level
on the 20th it was still low, I met Brent and looked at the valve, at
this point we determined the float was working and there was
another issue not allowing the valve to open. I personally got it
opened manually and let it run until the next day, when Brent came
back out. Bottom line; the valve wasn't opening and I'm not sure
what they did to fix it, but it is working now. I tested the float this
morning and the valve opened to fill the pond. I'll call Brent
tomorrow and ask him what they did. I know at one point they
took some fittings apart and cleaned them all out. This worked for
a bit but when I returned it didn't open.
RESOLUTLION
We request a credit for the excess useage, which we believe was
caused by the malfunctioning of the electric control valve, and the
future monitoring and repair of that valve, as necessary.
This credit should be
5,377,374gallons / 748 gallons per hundred cubic feet
at $1.19 per hundred cubic feet = $8554.91
Using the slightly greater average daily use figure for 2007
This credit would amount to $8537.80
I believe our homeowners would appreciate whatever
adjustment you can make to the existing bill of $10,974.13