Minutes - 1996 - City Council - 08/29/1996 - RegularEAGLE CITY COUNCIL MEETING
SPECIAL BUDGET AND ZONING HEARING
Minutes
ust 29, 1996
COUNCIL: 7:00 P.M.
1. CALL TO ORDER:
On August 29, 1996, at 7:00 p.m., Mayor Bower called the meeting to order·
2. ROLL CALL:
The following members were present: RICK YZAGUIRRE, STAN BASTIAN, MORGAN
MASNER, NANCY MERRILL. A quorum being present.
3. PLEDGE OF ALLEGIANCE:
4. OLD BUSINESS:
4.A. Final Fiscal Year 1997 Budget -- Public Hearing.
Mayor: Introduction, open public hearing, now have two official public hearings·
Recommend the previous comments, to those items that have changed (see page 5,
Final Budget).
Gary West, 275 Harvey, Eagle, came forward and presented comments: Previously
offered testimony at the workshop. Additional items, exorbitantly high budget, written
comments submitted, has not received responses to his questions. One comment,
having spent 9 years on the school board one shoul~,~gy~s be attentive and
· . . ~;iY ~
responsive to the quesbons of the pubhc. Challenge{i~ourl}l t9 ad0ress his questions
His concerns are that he only received the final budg~iat nbgn t}5~da¢ ah~an i~creased
budget was tho result. Not the response he was Iookiffg for,:~e~cr ~ieh ~his ~:
H:\COUNCiL\MINUTES\1996\CC082996.MiN ~-
perception of increases. Personnel costs have not gone up anymore. What began at
33% went to 45% increase, It is this kind of management of public money and service
~ring ~bout the 1% initiative, Justify the capital outlay budget.
speaker to focus on new comments on these
changes as his comments were previously noted by Council.
West: Considers the temporary office space is unnecessary. The YMCA aquatic fee
cannot be rationalized. Compensation for this item is unnecessary. Capital
expenditures, downtown city parking, shown as an entry to balance the budget. Tree
City USA grant, suggests that this is not a high priority item. Since he is limited to
commenting only items added during the workshop, the $150,000 was a tax, the
municipal water people noted that this is not a tax. Thinks this budget is 2 -- 3 times the
amount it should be. He questions whether the city can accumulate a slush fund
without permission.
Merrill: Mr. West did write the questions out, and the Council may have fallen down on
the job of responding to the questions.
Yzaguirre: In response to the YMCA fee, this was approved last year, and is now a carry
through item. One time shot for allowing Eagle residents equal footing with Boise
residents.
Masner: The $150,000 was carried in the budget last year. Initially, the Mayor's plan this
year was to not include the amount. However, a United Water representative noted that
this money would be included this year.
Yzaguirre: The Tree City USA grant was a recommendation of Ms. West and members
of the audience.
Mayor: Expansion of City Hall, out of council came the considerat on and concern for
!!iii
temporary space in order to conduct business for the out of
the DTD Task Force, this item came forward real z ng ~her~ i~ ~n ig
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downtown. This item would contain the remaining balance necessary to balance the
budget. City Personnel, a task force produced a report that ma ,
th,~, ~,~. . . de the recommendabons
a~e~i~led the nee~and jusbfication for the current budget. This council reviewed
an~ted~n~ t~ s)~ue i~ open meet n s Descri i '
~ ~,~, ~ :~ g . pton ofprevlous em o ees
P y and
s~ap~ of ~gtLe~. N~dd~..o~LlgveI of staffing (FTE's), but a net increase of costs and
benefits.
Mayor: Is there anyone else wishing to speak at th s meeting?
Al Cortial, 309 Yellow pine, Eagle, came forward to present comments: Wishes to
address the budget from one perspective. However, the issue he will describe is a
difficult one. First, he thinks the staff did a good job in doing this budget.
NOTE: SEE SUBMI'I-FED TESTIMONY, MARKED "A"
The issue he is to discuss is the Usage Fee/Municipal Water (United Water) a one-time
fee of $150,000. Discussion of historical perspective, the 30-year agreement, ave.
$5,000 per year. If extended, this would be about $2,500 per year. This item should be
struck from the budget. If this fee is left in the budget, this action shows lack of good
faith in negotiation by the Council. This issue is not about water, or who is the best
company, the issue is plain good business and management. Study this, think about it,
but don't leave it in the budget.
Mayor: Anyone else?
Steve Guerber, 699 Ranch drive, Eagle, came forward and presented comment: As past
Mayor of Eagle, he has been very confused with the budget process and when
testimony was allowed. In the past, there has been concern about availability of the
budget information. The copy he received, was obtained early this morning, and he is
concerned that enough time was not given for a thorough review. The mayor indicated
that the personnel that no additional staff was here, hg~eve~ this no additional costs
resulted in 45% more. Downtown parking, he has
expenditure, smacks of a subsidy for downtown bu~
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instead of funding through the General Fund. Does wish to compliment the mayor,
however his zero-based budgeting appears to have come together in the same way as
support the budget, deals with a large number of items that are
The only item that is missing appears to be an advocacy of
into the city. First, solving the critical problem of the
moratorium. Hopes that the city views this as a critical need also.
Mayor: Discussion of the parking issue, Councilman Masner?
Masher: The major change was the inclusion of the $150,000 which created some
additional revenue that was earmarked for an issue that the citizens were concerned.
Perhaps a revenue-producing facility such as with the City of Boise.
Merrill: Concerning the MOU with United Water, is Eagle not able to sell the water
company?
City Attorney: The MOU is essentially an agreement to agree sometime in the future.
This is not a binding agreement. Primarily for applying a charge for the ability to transfer
water through this system. Not constrained in the future.
Mayor: No other comments? None, the Mayor officially closes the public hearing portion
of this final budget hearing. Are there any comments from Council?
Merrill: A concern and question. The $88,000 YMCA fee, there is no contract, what
began as $40,000 jumped to $88,000, not sure this money should go out of the city of
Eagle. We don't know how many citizens use this facility.
Yzaguirre: Acted unanimously in the past. This has been acted upon. Former Mayor
Guerber offered the payment, Boise pulled the deal.
Bastian: To Yzaguirre, should we approve the money~!iwith~the idea of entering into a
possible agreement, with the idea that Boise will allo~ ~qua~status wth B~ise citizens.
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Yzaguirre: There are a number of issues that may fall through. This amount should be
included with the idea of going forward. Not saying it will happen, but the money needs
to there.
Ma~b,er:
get. This is a plan, it does not mean we are
obligated to spend unless the negotiations are successful. The details and decision will
come later.
Bastian: Sees some money that will enable citizens of Eagle to attend at a price
comparable with citizens of Boise. However, Merrill Park is coming (as a condition of
the donated property). Would be better to apply the money toward a recreation center
here in Eagle. Possibly reconsider this in the next year prior to actually spending. On
notice that he is not completely in agreement with this amount. Previously the Merrill
Park plan was not in the works, now it is. Expresses caution on giving away $88,000.
Merrill: Moves that we do not include the $88,000 into the budget, seconded by Bastian.
Vote tie, 2 NAY, 2 AYE, Mayor Vote NAY, Majority VOTED NAY, MOTION FAILS....Item
stays into the budget.
Masner: Moves to approve the FY 1997 Budget as presented in the Final Budget Report
and that the Annual Appropriation indicate the amount of $1,891,627, seconded by
Yzaguirre. Vote ALL AYE, MOTION CARRIES ....
Yzaguirre: Moves to move Item 6.B. after 4.A., ordinance number 677, seconded by
Bastian, Vote ALL AYE, MOTION CARRIES ....
Masner: Moves to waive third reading rule (See motion # 3), seconded by Bastian.
Discussion, none, Vote, ALL AYE, MOTION CARRIES ....
BASTIAN: In accordance with the provisions of 50-901, Idaho Code, hereby moves
that the rule requiring Ordinances to be read on three d fferent days, two read rigs of
which are to be by title only, and one of which is to be i~ fu; bed spensed with and that
Ordinance Number 277 be considered immediately., Sbcond~d ,. Vote ALL
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AYE, MOTION CARRIES .....
short recess at 8:00 p.m..
4.B. Zoning Ordinance Amendments -- Continued Public Hearing.
Mayor: Introduction of this continued issue. The public hearing was not continued, but
the discussion was, a correction in procedure.
Butler: Brief discussion of items. Roadway discussion of speedway and sign size.
Future of roadway, reduction to $5mph. Next, utilities being underground and
expandibility. Place resources in conduit that allow for the flexibility.
Bastian: Not a problem to put underground because of the conduit?
Butler: Yes, continuing...50% glass, does not apply to area where Evan's is, only for
TDA areas. Item on page 21 of the ordinance. Review ordinance for possible
modification, D.I., which references examples of signage, rather, write in description of
signage. He would feel uncomfortable without a description of the styles, rather than a
picture. 7, 8, -- 12.
Mayor: Clarification of items discussed.
Butler: Last two issues are fairly significant. Mr. Morden from the sign company allows
for percent of building coverage. Comment was made that 5% signage for Albertsons,
actually, AIbertsons calculated out at 4%.
Bastian: Believes the comment involved the smaller businesses, not the larger
businesses.
Butler: 35% industrial zones, neighborhood 15%, office
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Mayor: Any other questions. Mr. Vance is a member of the Design Review Committee,
and is considered a member of the technical support staff, may comment later.
eal with two issues, the staff report and then the ordinance #276.
Di.~ es I - 5?
Bastian: Would like a bit of general comment, to question staff and council, before
speaking to the specific. With regard to the sign ordinance, will the ordinance be
applied uniformly, or will the ordinance be applied different in the different areas.
Merrill: two major areas of change (zoning areas).
Mayor: General discussion of zoning areas.
Merrill: Page 2 of 2, compliance with the city code, may be conflicting ordinance to be
presented at a future date. If adopted, the Design Review Booklet will also be brought
up to date and standards as the ordinance.
Butler: Staff intent of the booklet. May strike now and can be added later.
City Attorney: Landscaping is 100% in the booklet, for review by Design Review
Committee, may direct staff to update at a later time.
Mayor: Recommendation that Design Review be brought up to acceptable standards as
soon as possible.
Butler: Ordinancedoesn't cover landscaping,' the booklet does. Important to adopt
booklet.
Mayor: Page 3 of 20, any comment? None, page 4 of 20? 5 of 20? 6 of 20?
Yzaguirre: Page 3 of 35 in the ordinance, defining the~hree different areas, his opinion
that this is not required. IDA CEDA are not necessar
zones or differentiated enough. ~)
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Bastian: Further comment, each district should be treated the same, uniformly applied
throu( hour the city. Boundary line on one city block that extends to another city block.
~r of Kings noted that he could not fairly compete through restrictions in his
~edto those outside.
Bastian: Moves to have only one zoning district, seconded by Yzaguirre, discussion
ensued.
Merrill: If this council wishes to have the more restrictive applications apply to all? In the
central business district, the business are right on the sidewalk with parking on the side
and rear. More strict, moving this out to the bypass, it would not meet the requirements.
Bastian: The Design Review overlay district applies with regard to signs and not so
much with structures.
Bastian: Moves to amend motion to allow for a single overlay district applying only to
signs and signage, seconded by Yzaguirre. Discussion ensued.
Butler allowed to speak: Equally applied to overlay, think what needs to be done, when
we deal with the sign portion do it then, don't change the overlay district.
Mayor: Where? Page 16 of ordinance. Under sign regulations. General discussion on
possible modifications included in the final draft.
Masner: Before the minutia is examined, the map needs to be examined (the different
districts). Won't include anything south of the bypass, needs to be consistent.
Bastian: Extend to the boundaries of the city?
Mayor: Subject on signs, effect of amended motion will result in application on entire
city, meeting Mr. Masner's concerns.
General discussion on this issues of city limits, si In~;, and
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impact on businesses.
Ba~ian: ~rigi?al, ~.ne ~istrict~.limit that to entire design review overlay district., second
conl~lnt~es; Furmer~ ~rll;lcaugn of his motion, revisit ilium hated si ns and correct those
oveday ~stdct app~y~9 o~y to s~gas a~d s~9~age, Akk AYe, MOT~O~ CA~S ......
Call for the question on adopting the amended motion that regarding signage, that all
the sections on signage apply to the entire design review overlay district., ALL AYE,
MOTION CARRIES .....
Bastian: Moves to accept the editorial recommendations of Don Brinton, seconded by
Masner, Vote, ALL AYE, MOTION CARRIES ......
Mayor: Additional general discussion of specifics within the ordinance, architectural
character, deals with the height of the building, tower and poles, antennae. Wanted in
this code?
Butler: if council wants to restrict this, this is a good place to put it in.
Mayor: Deals only with the transitional development area, if this is a larger issue to be
enforced in all areas, then it requires a larger change.
Butler: Page 7 of 25 is a good place, add an item 7, subheading, site design objectives,
height of spires, towers, poles and non-building structures.
City Attorney: clarifications of what is being enforced, three specifics
Bastian: Moves to include a new item 7 on page 7 of 35, titled, "Additional Height
Restrictions," text to read, "All spires, poles, antennas, and other such structures, shall
not exceed..." Motion was then withdrawn.
Mayor: General discuss of the height issue.
H:\COU NC[L'dVllN UTES\I996\CC082996.MIN ~
Bastian: Moves to include an item 7 on page 7 of 35, titled "Additional Height
Restrictions," with the text to read, "All spires, poles, antennas, steeples, towers, and
an btheri'~uch structures, shall be limited to a maximum of 35 feet. Additional height
D i~approved by Council." Seconded by Yzaguirre. Vote ALL
Mayor: Continuing on the top of page 8, 9, and 10.
Bastian: Page 9, parking number 4A, behind the building or landscape buffer. Should
include in this ordinance as requested by Mr. Brinton.
"Item 4, Parking
A. Off-street parking shall be behind buildings or landscape barrier."
General discussion of landscaping, urban streetscapes, and co-op signage.
Yzaguirre: Wishes to go farther and disallow all co-op signs.
City Attorney: Cannot due to 1st amendment concerns, difficult to implement. Unsure on
the extent of the regulation. Identification v. Advertising for content.
Yzaguirre: Would like to define the term, then regulate.
Merrill: Wishes to keep the existing language, then ask Mark to define a Co-op sign.
General discussion on content and layout of co-op signage, and sign illumination.
Yzaguirre: Moves to ban all signs advertising specific products within the city overlay
district, seconded by Bastian. Vote, ALL AYE, MOTION CARRIES .....
Mayor: Next item needs to address the page 22 of 35, f 2 c. In order to be less
confusing, no reader board signage may be interior illuminated. General discussion on
specific changes made as a result of the motion.
.
Bastian: Clarify that all discussion items noted for cha~ge ~r~d c6n~utred ~y C~bnc~l wdl
H:\COUNCIL'~iNUTES\1996\CC082996.MIN ]- 0
be covered in the final motion.
'~ ;~ ~ . .
Yz~§ulrre:. General d~scuss~on on monument s gns 6 feet n he ght s this high enough?
Wi~aI~ ~he~iandsca~g i~ is difficult to see Look at the relat,onshlp of the
laQ~scapiDg ~ith ~ t~lle~ ~.ol~s~ns...should be h~gher than 6 feet.
Bastian: Concerned, cars parked and traffic in front of the business, most of the sign is
covered by the cars. Discussion of the monument sign examples in other cities, and the
changes necessary in the landscaping. Moves to allow maximum eight foot heights for
signs (C.3., page 20 of 35). Seconded by Yzaguirre.
Merrill: Discussion, on the wall a description using masking tape on the wall denoting
the signage sizes.
Mayor: Any further discussion? Vote ensued, ALL AYE, MOTION CARRIES ....
Yzaguirre: Would like to see the next item C.4., dealing with the percentage of surface,
would like it a higher percentage, page 20 of 35, C4.
Mike Vance came forward and provided an exercise to enable clarification of the
signage issue, Marked as Exhibit "B" into the record.
Recess: at 10:35 p.m.
Back on the record at 10:50 p.m.
Mayor: Continuing the discussion, from item C4, Page 13 of 20.
Bastian: From page 21.D.1, discussion of recommended language changes.
Yzaguirre: Should be made of materials of plexiglass or ,what is the base of the
monument sign? What can they make it out of? Woo~ii?cement? Too general.
Exterior lit signs can be plastic?
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General discussion on including specific materials for signage.
Manner: Moves, on Page 21.D.1. to place a period at the end of design review booklet
at I 'iking the remaining text, seconded by Merrill. Vote ALL
Bastian: Move to change Item D.1, with a period after styles, striking words in the
second lines and third lines as "shown as examples of each", replacing with words
"examples are" with a period after booklet. Masner seconded, Vote, ALL AYE, MOTION
CARRIES ....
Masner: Moves that on page 21 D.3., interior illuminated signage shall not be permitted
in the city limits of Eagle, seconded by Merrill.
Yzaguirre: Discussion, throw out D.3., general guidelines
Masher: Withdraws motion, concurred by Merrill.
Butler: General discussion of previous Council motions. With reference to Alberstons
sign being okay, 22, item 4, currently in violation.
Merrill: General discussion of separate shopping center businesses, are these individual
businesses or a shopping center?
Masner: Discussion of trends in supermarkets is to put in extension businesses, e.g.
Pizza Hut in an AIbertsons.
General discussion on allowableness of additional signs for internal businesses within
the same building. Shopping center definition covers problem, maybe some clarification.
Merrill: Identify these types of stores as shopping center?'
City ^ttomey: Recommends amendin§ Page 14 of 20 4 st~ko freestanding and
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additional qualifier to limit.
'Is a~en~?g Page 14 of 20, 22 of 35, E.4, Strike the entire
su~
Discussion on sign and monument sign comparison on 5% limit.
Merrill: Discussion to leave as is currently (2 signs, one of which is a monument sign),
include a definition to deal with the issue of a business within a business.
Bastian: Moves to, on page 22 of 35, preceding section F, new section 5, each business
within a single building shall be allowed one sign and the building complex allowed one
monument sign, and move to a more appropriate place in the ordinance. Seconded by
Merrill. Withdrawn with concurrence by Merrill.
Mayor/Butler: Discussion of additional concerns and where to place the amendment,
page 21 of 35, #9.
Bastian: Move to add an additional number to General Guidelines on P. 21 of 35, item
9, to read "Each business within a single building shall be allowed one wall sign and the
building allowed one monument sign." Seconded by Masner.
Call for question by Bastian: Vote ALL AYE, MOTION CARRIES...
Mayor: Next issue relates to Page 14 of 20. F.1, no interior illuminated signs.
Butler: Recommends some clean up, change 6 feet to 8 feet. Okay by unanimous
consent of Council. Discussion on uniform signage and interior illumination signs.
Yzaguirre: Would like to now address the interior illumination signs. Wishes to clarify his
dislikes for such signage.
Bastian: Look more at the amount of hght generated ra[her t~ian
H:\COUNCIL\MINUTES\I996\CC082996.M[N 13
Externally lit signs. Rather reduce lumens and increase esthetics rather than the other.
Me~ill: MOve, on item ~. 13 of 20 of the staff report, and page 22 of 3,5.F. "Sign
Illul t~at interior limited signs not be permitted. Seconded by
M ~er
Mayor: Discussion; Vote 2 AYE, 2 NAY, Mayor Vote NAY. Discussion on possible
reconsideration of motion since the limit was originally discussed for just the downtown
area.
Bastian: Would be willing to change his vote contingent upon commitment to revisit the
issue at a later time if the idea of controlling the lumens can be addressed at a later
time.
Yzaguirre: Concurs.
Mayor: Reconsideration discussion, procedure.
Masher: Moves to reconsider the issue of internally illuminated signage. Dies without a
second.
Bastian: Point of order, prevailing side or other motions for reconsideration.
Bastian: Move to accept the language in p. 22 of 35, item F.1, "Interior illuminated signs
are not permitted." Seconded by Masner.
Yzaguirre: Discussion: Suggests that the Council deal with this issue soon, finally and
firmly out of consideration of the merchants impacted by this ordinance.
Bastian: Wishes to make a firm direction for the City.
Mayor: Vote: 3 AYE, 1 NAY, MOTION CARRIES ....
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Mayor: Suggests review of item F.2.
Ba: an: 'move to strike F.2. and all subcategories under this, seconded by Merrill.
MOT ON CARRIES ....
Clerk: Transcdption computer system shut down in 5 minutes due to system backups.
Masher: Move to adjourn. Dies without a second.
Bastian: No other changes are notable.
Merrill: Move that on the top page of 15 of 20 is struck. Dies without a second.
Mayor: Final part of ordinance discussion. Discussion of miscellaneous provisions for
possible inclusion.
Mayor and Yzaguirre: Discussion of issue on ten-year provision for compliance with new
ordinance (non-conforming signs), page 16 of 20 in the staff report. Grand fathering
issue?
City Attorney: No grandfather issue, nor is this considered a "taking issue."
Butler: Will provide future legal opinion in conjunction with City Attorney and report back
to the Council.
Yzaguirre: Wishes to speak to the design review committee, makeup, membership,
process, administrative procedures, and other. Perhaps deal with this at a later time?
Merrill: Move to place the makeup of the design review committee and Title 2 on the
next available meeting (September 24, 1996), seconded by Masner. Vote: ALt_ AYE,
MOTION PASSES .....
Yzaguirre: In accordance with the provisions of 50-91 · hat
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the rule requiring Ordinances to be read on three different days, two readings of which
are to be by title only, and one of which is to be in full, be dispensed with and that
Ordlihance Number 276 be considered immediately. Seconded by Masher. Vote, ALL
Yzaguirre: I MOVE to approve Ordinance Number 276, "AN ORDINANCE OF THE
CITY OF EAGLE, ADA COUNTY IDAHO, REPEALING CHAPTER 7, TITLE 6 OF THE
EAGLE CITY CODE, PARKS COMMITTEE, REPEALING CHAPTER 2, TITLE 7 OF
THE EAGLE CITY CODE, SIGN REGULATIONS, REPEALING CHAPTER 2A OF
TITLE 8 OF THE EAGLE CITY CODE, DR DESIGN REVIEW OVERLAY DISTRICT
AND ENACTING A NEW CHAPTER 2A OF TITLE 8 OF THE EAGLE CITY CODE
DESIGN REVIEW OVERLAY, PROVIDING FOR THE FOLLOWING SECTIONS:
SECTION 8-2A-1 GENERAL APPLICABILITY, SECTION 8-2A-2 PURPOSE AND
GOALS, SECTION 8-2A-3 EFFECT OF OTHER PROVISIONS, SECTION 8-2A-4
DEFINITIONS, 8-2A-5 DESIGN REVIEW OVERLAY DISTRICTS AND MAP, 8-2A-6
DESIGN GUIDELINES, OBJECTIVES AND CONSIDERATIONS, 8-2A-7 LANDSCAPE
GUIDELINES, 8-2A-8 SIGN REGULATIONS, 8-2A-9 PROCEDURES, 8-2A-10
APPLICATION REQUIREMENTS, 8-2A-11 NOTIFICATION, 8-2A-13 PROCEDURE
FOR APPROVAL, 8-2A-14 APPEALS, 8-2A-15 TERM OF APPROVAL, 8-2A-16
MODIFICATIONS, 8-2A-17 RESTRICTIONS ON OTHER REQUIRED DOCUMENTS, 8-
2A-18 BONDING, 8-2A-19 INSPECTION; AMENDING SECTION 2-2-4 OF THE EAGLE
CITY CODE TO CLARIFY THE DESIGN REVIEW BOARD'S DUTIES; PROVIDING A
SEVERANCE CLAUSE; AND PROVIDING AN EFFECTIVE DATE," with the changes
recommended by City Staff and Eagle Planning & Zoning, as amended and approved
by the Eagle City Council as of this date. Seconded by Masner.
Merrill: Discussion, okay on booklet.
Mayor: Vote, ALL AYE, MOTION PASSES .....
Yzaguirre: Move to adjourn, seconded by Bastian.
Mayor: Vote, ALL AYE, MOTION PASSES .....
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ADJOURNMENT:
Havigg n9 f~rther business the Council meeting adjourned at 12:20 p.m.
Res
D. KOREY LOWDER
EAGLE CITY CLERK/TREASURER
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