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Agenda - 2010 - City Council - 03/09/2010 - Regular THE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane March 9, 2010 6:30 P.M. The purpose of the agenda is to assist the Council and interested citizens in the conduct of the public meeting. Careful review of the agenda is encouraged. Testimony from the public will be solicited for any item or issue listed under the category of Public Hearings. Any individual who wishes to address the Council on any other subject not on the agenda should plan to Item 4: Public Comments speak when is identifiedby the Mayor. The Mayor will not normally allow audience participation at any other time. PRE-COUNCIL AGENDA: 5:30 p.m. - 6:30 p.m. 1. Charlie Baun Regional Recreation Plan Foundation for Ada and Canyon County Trails (FACT) 2. Mayor and Council Reports and Concerns: 3. City Clerk/Treasurer Report: 4. Zoning Administrator’s Report: 5. Public Works Director Report: 6. City Attorney Report: REGULAR COUNCIL AGENDA: 6:30 p.m. CALL TO ORDER: 1. ROLL CALL: 2. SHOUSHTARIAN, HUFFAKER, SEMANKO, GRASSER. PLEDGE OF ALLEGIANCE: 3. PUBLIC COMMENT: 4. CONSENT AGENDA 5. : ? Consent Agenda items are considered to be routine and are acted on with one motion. There will be no separate discussion on these items unless the Mayor, a Councilmember, member of City Staff, or a citizen requests an item to be removed from the Consent Agenda for discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda in a sequence determined by the City Council. ? Any item on the Consent Agenda which contains written Conditions of Approval from the City of Eagle City Staff, Planning & Zoning Commission, or Design Review Board shall be adopted as part of the City Council’s Consent Agenda approval motion unless specifically stated otherwise. Claims Against the City. A. Re-appointment to Planning and Zoning Commission: B. The Mayor is requesting Council confirmation of the re-appointment of Victor Villegas to the Commission. Mr. Villegas will serve a 3 year term. This item was continued from the February 23, 2010.(PB) Appointments to the Parks and Pathways Development Commission: C. The Mayor is requesting Council confirmation of the appointment of Mike Barton (term to expire March 2011), Mary McColl (term to expire March 2012) and Randy Zollinger (term to expire March 2011). This item was continued from the February 23, 2010. (PB) Appointment to the Historic Preservation Commission: D. The Mayor is requesting Council confirmation of the appointment of Pam Kelch to the Commission to fill a vacated position. Ms. Kelch’s term will expire in June 2012. This item was continued from the February 23, 2010. (PB) Re-appointment to Parks and Pathways Commission: E. Mayor Bandy is requesting Council confirmation of the re-appointment of Michael Hummel to the Commission. Mr. Hummel’s term will expire in 2013. This item was continued from the February 23, 2010. (PB) Open Container Permit: F. Coldwell Banker/Tomlinson Group is requesting an open container permit to be used on June 9, 2010 from 5:00 -9:00 p.m. at Merrill Park. (SKB) Minutes of February 23, 2010. G. (SKB) Page 1 of 3 K:\COUNCIL\AGENDA\Temporary Agenda Work Area\CC-03-09-10ag.doc CITY COUNCIL AGENDA March 9, 2010 6:30 P.M. Findings of Fact and Conclusions of Law for RZ-12-09 - Rezone from PS H. (Public/Semipublic) to R-1 (Residential – Up to One (1) Unit per Acre) - Christy Radcliffe: Christy Radcliffe, represented by Shawn Nickel, with YP, LLC, is requesting approval of a rezone from PS (Public/Semipublic) to R-1 (Residential up to one (1) unit per acre). The 0.87-acre (37,897 square foot) site is generally located at the northeast corner of the intersection of East Hill Road and Dicky Drive. (WEV) Findings of Fact and Conclusions of Law for CU-01-09 - Bank Facility with Drive Up I. Service - Capital Educators Credit Union: Capital Educators Credit Union, represented by Chad Slichter, with Slichter Architects, is requesting condition use approval for a bank with drive up service. The 0.92-acre site is generally located at the northeast corner of the intersection of South Eagle Road and East Riverside Drive, Lot 2, Block 1, Mixed Use Subdivision No. 2, at 80 East Riverside Drive. (WEV) PROCLAMATIONS & RESOLUTIONS: 6. Disability Awareness Week Proclamation: A. A proclamation declaring April 19-24, 2010 as Disability Awareness Week in the City of Eagle. (PB) UNFINISHED BUSINESS: 7. Contract with Allied Waste to offer “No-Sort” or “Comingling” Recycling to Eagle residents. A. A public hearing was held on January 12, 2010 seeking residents desire to add this service and willingness to pay for said service. The cost associated with the service will be determined by the length of time the recycling assets are depreciated. This item was continued from the February 23, 2010 meeting. A-04-09/RZ-04-09 – Annexation and Rezone from RUT (Rural-Urban Transition – Ada B. County designation) to MU-DA (Mixed Use with a development agreement) - Capital Development, Inc.: Capital Development, Inc., represented by Dave Yorgason, is requesting approval of an annexation and rezone from RUT (Rural-Urban Transition-Ada County designation) to MU-DA (Mixed Use with a development agreement). The 110.56-acre site is generally located on the west side of S. Meridian Road and the north side of W. Chinden Boulevard (Highway 20/26) approximately 835 feet west of S. Meridian Road. (WEV) This item was continued from the February 23, 2010, meeting. CPA-07-08/A-05-08/RZ-11-08 – Comprehensive Plan Map and Text Amendment from C. Public/Semi-Public and Transitional Residential to Mixed Use, Professional Office, and Transitional Residential and an Annexation and Rezone from RUT (Rural-Urban Transition-Ada County Designation) to MU-DA (Mixed Use with a development agreement) for Wilson Properties, L.P. and Wilson Holding, LLC: Wilson Properties L.P. and Wilson Holdings, LLC, represented by Gene Shaffer with CSHQA, is requesting a Comprehensive Plan Map and Text Amendment to change the land use designation on the Comprehensive Plan Future Land Use Map from Public/Semi-Public and Transitional Residential to Mixed Use, Professional Office, and Transitional Residential, and to amend the language in the Rim View Planning Area; an annexation and rezone from RUT (Rural-Urban Transition – Ada County designation) to MU- DA (Mixed Use with a development agreement). The +/- 83.79-acre site is generally located at the northwest corner of N. Fox Run Avenue and Chinden Boulevard (Highway 20/26) at 6479 N. Fox Run Avenue and 990 W. Chinden Boulevard. (WEV) This item was continued from the February 23, 2010 meeting. EXT-28-09 - Preliminary Plat Extension of Time for Millpark Village Subdivision – D. State/Park, LLC:. State/Park, LLC, represented by Shawn Nickel with SLN Planning is requesting a one (1) year extension of time for the preliminary plat approval for Millpark Village Subdivision, a five (5) lot (17-residential units and l2-commercial buildings contained on 5-lots) mixed use subdivision. The 11.25-acre site is located on the northeast corner of Park Lane and State Highway 44, on Lots 1, 4, and 9, Block 2, of the Amended Plat of Flint Estates, at 3950 W. State Street. (WEV) This item was continued from the February 23, 2010 meeting. Page 2 of 3 K:\COUNCIL\AGENDA\Temporary Agenda Work Area\CC-03-09-10ag.doc CITY COUNCIL AGENDA March 9, 2010 6:30 P.M. Status report from City Hall Task Force Committee: E. (Eric Jacky and Jeff Lutz) ? Discussion on current City Hall Lease options: This item was continued from the February 9, 2009 meeting. ? Discussion of RFP: PUBLIC HEARINGS: 8. A. The purpose of the hearing is to consider establishing a fee for returned checks, providing an effective date, and explain the reasons for such fees. Proposed fee: Returned check fee: $25.00. (SKB) Resolution 10- 13: A.1: A Resolution Of The City Council Of The City Of Eagle, Ada County, Idaho, Adopting Resolution No. 10-13 Which Establishes A Fee For Returned Checks And Providing For An Effective Date B. The purpose of the hearing is to consider increasing Saturday Market Vendor Booth fees, providing an effective date, and explain the reasons for such fees. The booth fee increase may exceed 105% of prior fees (original fee plus 5% or more). The proposed fees are set forth as follows: Saturday Market booth fees: Original Fee: $25.00/per week Proposed Fee: $30.00/per week Resolution 10-14: B.1. A Resolution Of The City Council Of The City Of Eagle, Ada County, Idaho, Adopting Resolution No. 10-14 Which Increases The Fee For Saturday Market Booths And Providing For An Effective Date NEW BUSINESS: 9. Discussion of Mayoral appointment process and to consider returning the Mayor’s position A. to part-time status and also consideration of limiting benefits accordingly: (CC) Draft Ordinance No. 640 – Amending the curfew ordinance: B. An Ordinance Amending Eagle City Code Title 5, Chapter 1, Section 1 “Curfew”; Prohibiting Persons Under The Age Of Eighteen Years To Be Or Remain In Any Public Place Or Place Open To The Public Within The City Between Certain Hours; Providing Exceptions; Providing For The Responsibility Of Parents And Legal Guardians; Requiring Persons Suspected Of Curfew Violations To Provide Name And Age To Lawful Requests From Police Officers Investigating Violations; Providing Penalties; And Providing An Effective Date For Adoption. (CC) EXECUTIVE SESSION: 10. A. Personnel Matters I.C. 6723 (a) ADJOURNMENT: 11. NOTE: The City will make reasonable accommodations for anyone attending this meeting who require special assistance for hearing, physical or other impairments. Please contact the City Clerk’s Office at (208) 939-6813 at least 24 hours in advance of the meeting date and time. Page 3 of 3 K:\COUNCIL\AGENDA\Temporary Agenda Work Area\CC-03-09-10ag.doc