Minutes - 1996 - City Council - 08/27/1996 - RegularEAGLE CITY COUNCIL MEETING
Minutes
August 27, 1996
Pre-Council:
The Eagle City Council met in regularly session on August 27, 1996, at 6:30 p.m.,
Mayor Bower presiding.
sheriff report: Apologized in advance for not being able to attend.
Council Report:
Merrill: Still waiting for the numbers to come in on park development. Troutman and
Nancy will walk the park for estimating the development costs for a park this size. Park,
picnic, ball parks, pathway, etc. Mixed use. Needs further input with the public in order
to develop good figures. Dept. Of Lands memorandum discussing a grant that requires
attendance. UCF grant. Recommends city sign up for it.
City Clerk: Will place on task list. (SEE A).
Masher: Sewer board meeting last night. Time crunches possible.
Yzaguirre: Treasure Valley Pathway Committee. Chaired and processed through the
State Parks and Rec Dept., Dave Operman?, folks impacted by Boise river. State trails
coordinator, stripper fund available, major oil companies created a huge chunk of
money ($400,000,000) pathways are about $1.500,000 for just Idaho. Commerce dept
block grant possibility. Urban trail issue, with three people from Eagle on the
committee, we might stand a good chance at a grant.
Mayor: Library board meeting. Architect who designedMeri:di~n iibra~ w~s in
attendance. Has his business card. Community room available in Meridian; ni~e
H:~COLrNCiL~MiNUTES~1996~CC082796.MiN
City Clerk Report:
Cit~C erk! Announced that new keys have been made for City Hall, handed out the
ke~ ~6 (h~ C~nciil T~e C~ncil were given keys for everything except for the Mayor's
offi~. Th~ Cier~ ~ai~ ~R~ t~ personnel records would be in the Mayor's office. The
Clerk said that the other resource materials and fax machine would be moved out of the
Mayor's office.
Zoning Administrator Report:
Butler: Current items held up due to Design/Review ordinance pressures.
City Engineer Report:
Vern Brewer from Holladay Engineering: Clarification needed, reference of special
conditions for City of Eagle. Interpretation is somewhat different, asking for some
direction. When a Plat comes in documented, final plat, the file should demonstrate that
the conditions are stated, Instead, developer will comply (rather than have already
complied). Uncomfortable with approval based on promises of others (uncontrollable
situation), unbondable for the engineering firm. Treated as an incomplete transmittal.
Approved subject to certain conditions.
Masher: Agrees, doesn't like third party promise.
Yzaguirre: Recommend direction of Council to staff level?
Brewer: Approved conditionally, withheld signature. Would rather have completed prior
to signature. If outstanding conditions exist, impossible for engineer to bond (quantify)
the amount. Might add an additional number of days to the process, but, in the end,
may save time. An example that comes to mind, may be one that will come up later.
Butler: Shamant (sp?) Subdivision.
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Brewer: Statement given "the developer will comply with this issue" regardless of
wl~e~ !~ is an applicable issue. Should be worked out prior to review. Not an
agr~ment to be reached at a later time during the time of f nal plat review.
City Attorney: Concurs completely. Focused on subdivision final plat permit, not so
critical on the other permits.
Mayor: Mark is working toward pro-active correction prior to filing. Will try to catch as
many of these issues as we can.
City Attorney Report:
City Attorney: Short memo prepared for later review. Possibly More appropriate for
executive session.
Close Pre-Council at 7:30 pm
COUNCIL:
1. CALL TO ORDER:
Mayor Bower called the Eagle City Council to order at 7:31 p.m., on August 27, 1996.
2. ROLL CALL:
The following members were present: RICK YZAGUIRRE, STAN BASTIAN, MORGAN
MASNER, NANCY MERRILL. A quorum is present.
3. PLEDGE OF ALLEGIANCE:
4. CONSENT AGENDA:
H:~COLiNCIL~MINUTES~1996~CC082796.MiN 4
Mayor: brief explanation of consent agenda: 4.A. Approval of Claims Against the City.
4.B. Findings of Fact and Conclusions of Law. Lexington Hills Elementary
City Attorney: Recommends removing item 4.B. "Findings of Fact and Conclusions of
Law -- Lexington Hills Elementary School" from consent agenda and then moved to the
next meeting.
Yzaguirre: Move to approve consent agenda as amended, seconded by Bastian. ALL
AYE, MOTION CARRIES ....
BASTIAN: Moves to reconsider item 5.B. "Employee procedure manual and grievance
procedure." Seconded by Masner, ALL AYE, MOTION CARRIES ....
5. UNFINISHED BUSINESS:
5.A. lTD Cooperative Illumination Agreement.
Butler: Illumination Agreement, Asked by Council previously to meet with ACHD. He did,
the roadways in question are two state roads. Mr. Miles is here to comment if
necessary.
City Attorney: Had a chance to discuss with Susan Buxton, Found nothing in State
Code requiring entrance into the agreement. This case does not fit any typical cases,
not a legal obligation to enter into the agreement.
Bastian: In conversation with ACHD, what is the practice and policy of lighting
intersection.
Butler: Typically, the lighting is provided by ACHD for the mast arm. Cities are to pay
for power and maintenance within the city. This is the'intersect on of two state highways,
no particular benefit to the city.
M:~COUNCIL~MINUTES~199g\CC082796.MiN 5
Mayor: Wishes to reorder agenda, move 6b to 6a, in order to be heard first.
Me~lk Mbves to place Agenda Item 6B to Item 6A, seconded by Yzaguirre. ALL AYE,
MOTioN ~~ E~i..
New Item 6.A. Fuerte de la Aguila Subdivision (Formerly Item 6.B).
Mayor: Introduction of issue.
Butler: Provided staff report. Commenced by previous staff, had a chance to review it.
Noticed that this was not sent to the City Engineer, just received a copy of the letter.
What is here is an Abbreviated Plat. Discussion of procedure. Recommends approval
of preliminary plat, waiting for conditions completed before final plat. City Engineer
believes there are specific items that are uncompleted. Feels this generally meets the
intent of the code. Second item, existing residence on the site, divides site into three
parcels (description of parcels). In essence we have a nonconforming use. His
interpretation, this is meeting the intent of the statute. Recommends approving
preliminary plat and to review final at a future date.
Mayor: Are there any outstanding transmittals, reviews etc.? Acceptance of the utilities
is still unresolved?
Butler: Staff can only address items that have come in.
City Engineer: There are a number of unresolved issues, i.e., pressurized irrigation
installed, remaining record is incomplete.
Masner: Is it your recommendation to approve the preliminary plat (to Vern Brewer)?
Brewer: yes.
Mayor: Are there any members of the Council with exii~!~6~ontact? 1None. Any outside
financial conflict with this issue? None. Ask applicantii~0 c°ni~ fOrWard t6,~resent
H; ~COLrNCIL~MIN~3TES~1996~CC082796 .MIN 8
Mayor: Others? Mr. Miles
Mr. ~im Miles came forward: Section 4310, responsibility outlined and administered
stai~wid~: DiScuSSion ~f sa{ety features. If the city doesn't want the agreement, the
o~iigaie~to ~i~il t~e light of mast arm, one on each of the four corners of the
intersection.
Bastian: Are right turn lanes p armed?
Miles: No current plans.
Bastian: In such an intersection, in your estimation, is anything in your opinion a hazard
to pedestrians?
Brewer: Expects the design to be sound. No recommendation on taking the lights
down.
Yzaguirre: Is this a new concept?
Miles: The agreement is standard and has been used for 20 -- 30 years. Numerous
agreements available.
Merrill: Is this similar to the illumination on Chinden and Eagle roads? Fairview and
Eagle?
Miles: Yes, for intersection lighting only.
Masner: What is the cost responsibility for the City?
Brewer: The cost responsibility is for utilities, plus for replacement and repair.
Masher: Moves to deny request to enter into the agre~ent; seconded by Yzaguirre.
H: ~COUNCIL\MINUTES~1996~CC082796.MiN 6
Bastian: Discussion, agrees with denial, but wishes urge lTD to make this a safe
intersection, wishes to encourage to adequately light the intersection.
Ma~i A~AYE, iO~iON CARRIES
5.B. Reconsideration of Employee Procedure Manual and Grievance Procedure.
Mayor: Introduction of issue.
Bastian: Motion to reconsider motion made at last meeting, to direct the mayor and city
clerk to revise the city policy manual for employees and to develop a grievance
procedure, seconded by Yzaguirre. ALL AYE, MOTION CARRIES ....
Bastian: Employee Personnel Policy Manual, 1994 version. Moves to direct the city
council and city clerk to revise the employee personnel policy manual of 1994 and to
develop a grievance procedure, seconded by Yzaguirre.
Bastian: Discussion, believes the council is the policy-making branch and that this is a
good example of this responsibility. Expects the council president to direct the city
councils effort and include as many council members as need in working with the city
clerk.
Mayor: Any other discussion....City attorney, any other procedures for adoption?
City Attorney: To adopt this, the city council should have this brought before them, a
resolution, then adopt the resolution. If adopted by resolution, then future amendments
should also require resolution.
Bastian: This is exactly what was in his mind, developed, and presented before the city
council as the official policy of the city.
Mayor: ALL AYE, MOTION CARRIES .....
6. PUBLIC HEARINGS:
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testimony.
Mr. Larue Bevington 52 North Palmetto, Eagle Idaho, came forward and presented
tes[i~b~ H~ ~ec~ive~wor~ today that it is now south palmetto. Owner of the
property. ~ur6, g~e:r ~:d sidewalks installed. Description of history of property and
~rngation. No immediate sale, no problem to comply with exactly what is needed. Needs
a list, then he will push the developer to complete items.
Yzaguirre: Requests that applicant translate the name of the subdivision? (Fort of the
Eagle)
Mayor: Referring to sign-up sheet....Is there anyone in the audience wishing to address
this? None came forward. Officially closes the public hearing portion. Open questioning
from council and staff, to applicant.
Masher: Move to approve the preliminary plat on Fuerte de la Aguila (Fort of the Eagle)
Subdivision, seconded by Yzaguirre. ALL AYE, MOTION CARRIES .....
Mayor: Instructions to city staff to schedule this issue for the public hearing on the final
plat.
Masner: Move to amend previous motion, to approve the preliminary plat on Fuerte de
la Aguila subdivision with the standard conditions, seconded by Yzaguirre.
Mayor: Discussion.
Masner: Did not include the conditions of the staff report as they will be addressed
during the final plat.
Mayor: ALL AYE, MOTION CARRIES.....Special note ii~hat,~tbe Zoning Administrator
schedule this issue for final plat review at a future me~ii~g,oi~he~Ci~Co~ncil: ;~,
H: ~COUNCIL~MINUTES~1996 ~CC082796 .MiN 9
6.B. Zoning Ordinance Amendments
MaSr: Zdning, and design/review introduction. Asks for recess at 8:30 p.m., to make
co~ie~ 0f Zoni~'g o~din~ce for audience. Back on the record at 8:45 p.m.
Butler: Presented staff report, background of what is happening. December of 1994,
council put out a bid for the land group for a design and review guidelines booklet, what
do we want the signs to look like downtown. May 1995, Eagle P&Z appointed a group
to work on a downtown development plan. When these two items were submitted, City
Attorney cut out of each document into one document, the document is the ordinance
amendment that is the topic of discussion tonight. Mark noted strike through and
underscores for purposes of displaying the changes. Only administrative
recommendations. P&Z recommendations and Mr. Butlers changes are contained in the
staff report as a compilation of all comments and recommendations. Two documents
resulted, one from Mark, one from P&Z. Explains both.
Booklet was to have been a part of the ordinance. However, in order to get the
ordinance adopted, P&Z would come back later to make the booklet and the downtown
development plan fit the ordinance (e.g., to be dealt with in the future).
Mayor: First 20 pages of handout are the staff report. The remaining 35 pages follow
after page 20. Any questions from Council. None. Open up the public testimony portion
of hearing. Two persons identified from the sign-in roster. First, is there any ex parte
conflict from C ty Council?
Bastian: Had a conversation earlier today with Mr. Blaylock and outlined concerns.
Yzaguirre, Masner: all had conversations.
Merrill: had conversation with Mr. Boar (sp?).
Mayor: Are there any clarifications needed among ea~ ot~e~to equalize ~he
information? None. Any conflict of a financial or othe~ish~ to ~bl~re~
H:kCOUNCIL~MINUTES\1996~CC082796.MIN 1 0
Yzaguirre: May be impacted by outcome, due to his two businesses in town.
Mayor T6the C ty Attorney Is there a conflict of nterest?
but he is not being treated any differently from any
other business in the community. If he believes that he could be biased (without an
open mind), he could recuse himself.
Yzaguirre: Does want to participate if no objection from Council.
Mayor: With a potential for conflict of interest, if the Council may preclude voting by the
member in question?
City Attorney: Not necessarily correct, once legal council states conflict does or does not
exist, not subject to penalties. Does not believe council members can exclude another.
Mayor: Proceeding with public comment.
Gary Blaylock, 4611 N. Marlybone PI. Boise, representing Evans Building Center, came
forward: (reading from a written statement) received a written copy only yesterday.
History of the Evan's Building Center store. Big commitment into Eagle. Spent several
days reviewing sign ordinances. Several general items that need to be kept in mind.
Signs are an important competitive need. Overly restrictive sign ordinance
objectionable. Concerns on many of the signage issues. Completely different from
downtown stores, within a 55 mph zone, with little to no foot traffic. #2, not exceed
surface area. Look at differences on signage between Eagle and Boise. On the dda
and tda, internally lit signs less maintenance and cost. External lit look better than
internal. Nonconforming signs, change in ownership, or buildings, amended to comply
with new ordinance, most disturbing and costly of the signs as they must be replaced
within a 10-year period. Value reduction of sign change-over, especially due to family-
owned businesses in the area. Evan's would not have~omp!eted the $500,000 remodel
had this been known before. Let the market dictate th~ needs: Wishes todefer voting
until review is completed.
H: ~COUNCIL~MINUTES~ 1996 ~CC082796. MiN 11
Mayor: Any questions from Council? None. Ron Marshal?
Ro~ MarShal, 380 W. State, Eagle came forward and presented comment: Brief history
of ~!gn issue ~ ~agle, ~eps! in big letters, name of business in small letters. Turn of
the ~entu~ th~m~ ~ Ciiy M~dea lot more headway at first than in the last few years.
Good example is the Circle K sign. Design review covering 13 pages, now 30 pages.
Described area of previous ordinance. Thinks this is too much, micro-manages the
local businesses. New zoning administrator put in countless hours along with many
committee meetings; it is very difficult to legislate people's taste. Would like a turn of
the century, but we have gotten away from that. Opinion, Evan's could have done less
sign with same impact. Subway is another example, printed five times. How did this
make it through review? Handed out a copy of the design review ordinance from 1982,
and a copy of a newspaper article on how to comply, and a report April 13, 1993,
reviewed the design review without any outcome. Didn t th'nk there was much of a
problem.
NOTE: Handout Marked as "B"
Feels we are saddling the merchants with too much. Comments on what the Task
Force proposes, $16 million to be redone? Pedestrian friendly? How to pay for this?
Reference to Hyde Park and comparison to Eagle. Wants to decrease regulations, not
increase. Create a utopia downtown, parking lots surrounding a few businesses, wiping
out houses. Worried that we would destroy what we already have.
Mayor: Any questions of Mr. Marshall?
Bastian: Page 2, under signs, document April 13, 1993, report on committee reviews,
presented by Mr. Marshall, recommended elimination of pylon signs, replace with
monument signs.
Marshall: These are included in the map.
Merrill: On Page 9 of the same report, that interior t ~i~ns W~u (
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Marshall: This was amended later to include some, but not large ones.
Ma~r: Next individual, Mr. Bevington.
L~ue Be~ing:tonl 52 Pa!~e~o, Eagle came forward and presented comment: Served
on Design Review in the past. He has reviewed the staff report and compared these
against the goals of the city. Agrees to the development of private land for commercial,
betterment of city. Agrees in creating market driven development to encourage 1870 --
1930 materials and architectural designs in future construction. Previously tried to install
telephones cables underground and was not successful. On Page 11 in the middle, all
buildings include storefront, 50% glass, above, 25% glass. Some need more, many,
office-type, need or want 50% glass. This would loose expensive wall space for
merchandise. Page 14, 3-a, building setbacks, 20 ft minimum, expensive property,
dependent upon the business with zero for commercial on the side, and now for
pedestrian amenities, e.g., public art, landscape, flowers, shrubs, outdoor, etc. Does
this require the property owners to build and maintain parks? Page 21, d, additional
requirements for signs, #2, not exceed 24X48, no internal light signs. Going back to
time period, internally lit signs available. Neon available as well during this time. 50 sq ft,
go with whatever the building is. Larger business should be allowed some discretion on
signage. Last item shown, east going west on Palmetto, needs to control what he can
put in. Should go to CED. Not intent to do whatever he wanted.
Mayor: Any questions from Council? None. John Morten?
John Morton, 703 Rishmond, Boise, Idaho came forward and presented comment: He
has over 24 years in the sign industry. Design and work (17 yrs) planning and zoning in
various communities on sign permits. Description of work history. Would like to
commend the City of Eagle, to adopt a usable sign code. In history of dealings, Eagle
never a format that could be agreed upon. Good faith attempt given, without a standard
response and guidance. This should save a lot of problems. One area of warning, be
very careful. Numbers like 5% on a big building, can create ~ problem. Shop front
smaller, very difficult to see. Be careful with formulas. ~Q0/o b~tter formula;for aC-2
store, like Evans. Regulate signage on the size of the~r°~y, ii~eage fr~lata~e ofl.5
~: ~COUNCIL~MINUTES~ 19 9 6 ~CC0 8 2 7 9 6 .MIN 13
sq ft of sign for each foot of lineage frontage. Any sign over 100 ft would require
additional review. Twelve years ago, historic district in the Old Boise District. All request
passed through a committee. Neon, added, example. Each permit requires an
~nd!wdual !~oo1~, ~0~ s0m~ quantitative formula. Notes examples taped to the wall
shOWing 5% ~f ~;ea ~g!~S ~r signage (percents) require expert advice from others
prior to implementation (like usages). Sign industry wants the best sign for the area.
Recommendation, rather than adopt the numbers tonight, take a step back and get
some expert advice from industry prior to moving forward. This is a positive move.
Mayor: Any questions from Council?
Bastian: Work to adopt something, anything other than a percentage?
Morton: Merchant-specific dependent upon the location.
Bastian: Are we looking for a variable?
Morton: By way of example, the City of Boise sign code, is good and bad. Examples of
specifics, provides an offer to help. His business is Golden West Sign.
Mayor: No others on the list, are there any others in the audience wishing to testify?
Don Brinton came forward and presented comment, P&Z vice-chair. Note some final
changes that were not included. He is here to update the document. History of process.
Changes to other portions of the city code. Makeup of the Design review committee,
lack of an Architect. Note that the downtown plan has been submitted, ordinance was
higher priority, however, they will forward it to council at a later date. Design review
booklet also coming later. In response to LaRue, applies to specific area, then another
for city then city entry area. Page 7, minor change "b" DTA, bolded, main topic only
should be bolded, not entire sentence. Page 9 of $5, talking about parking, "...off street
parking shall be behind buildings, or landscape buffen i~? ad,ed.
Yzaguirre: General discussion of context.
H:~COUNCIL~MINUTES~1996~CC082796.MIN 1~
Butler: Last paragraph on page 7 of staff report (7of20). Already there?
Br ~n: Yes, already there. P. 13 of 35, "CEDA" should also be bolded. P. 12 of 20, or
pa~ 17 °~ 3~i ~la~ifica~on ~eded if done elsewhere. The side of the building as the
leg~i address:. Ifi~e 6bii~ing does not face the street, add the legal address portion. P.
18, incidental sign, remain in as part of the code.
Butler: Up to this point, okay, however, his notes on the incidental signs differ. 6ft signs
allowed, Lyons plumbing, address.
Brinton: Like restroom signs, handicapped, etc.?
Butler: The definition doesn't apply to anything.
Brinton: Recommends to leave out. P. 13 of 20, from page 21., confused with readability
with d.1., for clarification purposes, personal opinion. Examples shown in the design
review booklet. Struggle with illumination agreement. P&Z DTA provides for no internal.
The real key was brightness of the signage, recommends limiting this. Council issue
now.
Bastian: Back lit, interior same thing? Answer yes.
Brinton: 15 of 20, brightness, opaque to non-transparent Struck paragraph D,
controlling brightness.
Butler: No recollection on this issue.
Brinton: Okays, no more changes. 430 milliamp limit. Not control brightness by power,
but by bulb. Not an easy way to measure brightness. Needs to be additional review.
Difference in 800 v. 430? Hard to identify.
Bastian: Lumens are the measurement of Light?
H;~COUNCIL/MINUTES/1996/CC082796.MIN 15
Brinton: great if done consistently at a fixed period of time, otherwise not feasible.
Ma~br Other comments from audience?
Sa~y srnith, 35 ~. Sta(~ street, Eagle Chevron, came forward and presented
comment: Came here to hide and watch. Comment on Pepsi signs. History of
business. Wooden sign run over, converted to metal pole sign. Previous
inconsistencies in the sign ordinance and enforcement. Trying to do the right thing, not
able to get the right information. Asks Council to look at the type of business, type of
traffic to business, speed zones, measurement of lighting (day or night business), 60%
of the signage should target the market audience, on the building and out front, look at
all the issues. Lots of good points, implore Council to look at this from all sides. Review
history of local cities for how they solved this issue.
Bastian: Do you have a recommendation?
Smith: There has got to be a measurement.
Bastian: Willing to accept a "soft" light for signs.
Smith: This depends upon size and type. Maybe a ratio exists to add to percentage of
signage?
Mayor: No more questions. Any other persons wishing to testify?
Alan Bailey, 300 W. State, Eagle came forward and presented comments: represents
general office and another company. Extend public comments or at least extension of
submission of written comments. Thanks to local newspaper, quoted saying he very
much likes Eagle. Has not had the chance to go over the proposal. Comments from a
passionate perspective. Profits up, sales up, yet customers enter the store, not seen
Kings Dept. Store, because of placement, only there ~?au~ of their sign. Signs are
advertisements. Look at new proposals, Kings Ioose~ ir)te~al li~ sign for an e~ernal,
but Albertsons gets an internal lit just down the road. ~mCe~ti~ ~cuit ~,d ~nfair
H:~COUNCIL~MINUTES~1996~CC082796.MIN 1 6
without true fairness in implementation. Kings considered small business, don't kill the
sm~!! guy, in an attempt to implement a new policy. Western motif? If this is it, may
ha~b to rebuild. Don't take this out on the small businessman. Would like to see more
pe~tri~ a~iVitY do~htoW~i Willing to loose business because of diminished lighting?
Asking to ~hang~ ~o~i~ ~ig~age
Mayor: Any questions from council? None. Any other members in the audience, none
seen. Closes official public hearing portion of the meeting, upon concurrence of city
clerk.
Butler: Written testimony received, brought up. By ordinance, we are required to read
written testimony, for or against. 1 letter, 2 petitions. 257 names on 1 petition (read into
the record for the ordinance).
Another petition, 25 more names, a few on each are not residents of Eagle. The letter,
7 paragraphs long, Wayne Crosby, Eagle Citizen and Business Owner, Letter read into
the record in opposition.
Mayor: Recommends closing the pubic record portion, would like to recess to review.
Recess at 10:30 p.m., back on the record at 10:45 p.m.
City Clerk: ORDINANCE NO. 276, number assigned to this ordinance.
Bastian: Are the changes shown in the staff report (20 pages) also included in the
proposed ordinance with 35 pages.
Butler: Items double underlined in staff report are recommendations, not included into
the draft ordinance. Should approve recommendations for future inclusion into the draft.
Merrill: To clarify, are we prepared to go through this document tonight?
Recommendation to continue issue to Thursday, Aug~ 29 9fte~he budget hearing
after Council has had time to review the information r~eiv~d ~o~i~ht. MU~h research
H: ~COLrNCIL~MIN~3TES~ 19 9 6 ~CC0 8 2 7 9 6 .MIN 17
was assembled from many other cities to gather information. A lot of thought, a lot of
discussion, and direction. With all of these recommendation, the result is this
do~menf Moves to continue this issue to the special meeting on August 29, 1996,
Merrill: Discussion: Continues to describe diagram of tape outline posted on the wall
describing the signage portion of the ordinance.
Bastian: Assuming cars parked or other obstructions in front of building, he can't see
much of the sign. Believe the base to be included in the square footage in the current
language, however, he believes it should not include the base.
Merrill: Bring up to the sidewalks, combination that fits.
Bastian: Wishes Council to think about a few items prior to the next meeting. Agree with
businessman from Kings, same standard applied to all, three zones equal three different
requirements. Signage all should be the same. Business district will grow and shift
over the years, standards adopted for specific areas. Second, after listening, Ron
Marshall getting rid of the Pepsi signs as a motivation for the ordinance. All types of
signs if esthetically pleasing should be considered. Adopt the proposal as they are, but
he is worried about the future and fairness.
Merrill: Reminder of the signatures from the petition in favor of this ordinance, 96
business non-interior, 13 that are.
Mayor: The question was called for to continue this issue to the next special city council
meeting on Thursday.
Merrill: Clarification? Continue the rest of the agenda as well?
Mayor: Continue the rest of the items or all but 7B.
Yzaguirre: continue item 7A, okay.
~: ~COUNCIL~MINUTES~1996 ~CC082796. MIN 18
Mayor: Issue on 7B should not take to long, keep this one. Amend motion?
Me~ll: MOve to continue zoning ordinance discussion and item 7A until August 29.
Sec0fid~ ~y ~asfian, ALL ~YE, MOTION CARRIES .....
NEW BUSINESS:
7B. Ordinance #1-11
City Clerk: introduction
City Attorney: Perhaps created some confusion, Section 50-213 and well as Title 60, his
opinion, cannot have a 2nd official newspaper. In other cases where this happens, the
legal publication requirement is not met by this other paper. Difficult to predict from the
public standpoint. One other provision, Section 60-106, lists the largest paid circulation
within the boundary, 2 alternatives for designation. Largest newspaper in the County, or
largest published in the city. Recommend asking Eagle Express newspaper for official
document filed with the post office, then select from these alternatives. Largest
circulation = Idaho Statesman, Eagle Express is published in Eagle.
Merrill: if published int he city, that takes precedence.
Yzaguirre: Mr. Casey is here and was asked to come forward and present comments on
this issue.
Pat Casey, 322 w. State Street, Eagle, came forward and presented comments:
Operated paper over 2 years. 78 consecutive weeks of publication, 2nd class
publication certification with post office. Brought in previously a document from the
attorney general's office. Once received 2nd class permit, the requirements were met.
Discussion of headline in paper last week, not appreciated. Listed entire story from
budget meeting. Feelings of dismissal to Siberia afte~ ~onversation with Mayor. if the
Eagle Express is thrust down there throats. D scuss o~ O~ histo~ and thepr deaf his
paper for the citizens of Eagle. Proud of what is done, Wan~ to ~h~ ~,/01~e o~eagle.
H:~COUNCIL/MINUTES/1996/CC082796.MIN 1 9
Offers to publish counterpoints of council and mayor.
Ma~or: When can we expect to submit the paperwork to the city clerk? Will this list the
requirements :: H~v~ ad ~rdi~nce that requires amendment. Then will submit to the City
CI~. NO~E: Adalta'~d~ when documents are received.
Bastian: Requires 3 readings of the change, and public notice. Suggest we begin this
process with the next regular meeting. Commence with public notice as soon as
documents are received.
City Atty: Provides general guidance on the requirements of the certification.
Mayor: The best way to do that should be to submit again all documents to the City
Attorney.
Bastian: Moves to adjourn meeting, seconded by Yzaguirre. ALL AYE, MOTION
CARRIES .....
Having no further business the Council meeting adjourned at 11:10 p.m.
^..OWE.
H:~COU~CIL~MINUTES~1996~CC082796.MIN 2 0