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Agenda - 2003 - City Council - 04/22/2003 - RegularTHE CITY OF EAGLE CITY COUNCIL AGENDA April 22, 2003 7:30 P.M. ORIGINAL PRE -COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m. 1. Mayor and Council's Report: 2. City Engineer Report: 3. City Clerk/Treasurer Report: 4. Zoning Administrator's Report: 5. City Attorney Report: REGULAR COUNCIL AGENDA: 7:30 p.m. 1. CALL TO ORDER: 2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. 3. PLEDGE OF ALLEGIANCE: 4. CONSENT AGENDA: • 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 Rules of Order. • Any item on the Consent Agenda which contains written Conditions of Approval from the City of Eagle City Staff, Planning & Zoning Conunission, or Design Review Board shall be adopted as part of the City Council's Consent Agenda approval motion unless specifically stated otherwise. • All design review applications will be appealed by the Zoning Administrator to the City Council for their review and approval. A. Claims Against the City. B. Minutes of April 8, 2003. C. Renewal approval of Liuuor. Beer and/or Wine Licenses for current license holders which have met all criteria established by the City. (SKM) D. Findings of Fact and Conclusions of Law for CU-01-03 — Conditional Use Permit for Wendv's Restaurant with Drive-Thru Service — Eagle River LLC: Eagle River LLC, represented by Billy Ray Strite with BRS Architects, is requesting conditional use approval to construct a Wendy's restaurant with drive thru service. The .95-acre site is generally located on the southeast corner of Eagle Road and Eagle River Street. (WEV) E. Appointment of Election Judges and Clerks and designation of fees: (SKM) F. Approval of Open Container Permit application submitted by the Eagle Fire Department for an event to be held on June 7. 2003, pending the receipt of a catering permit. The event will be held at Merrill Park. 5. PROCLAMATIONS & RESOLUTIONS: A. Motorcycle Awareness Proclamation: Proclaiming May as Motorcycle Awareness month in Eagle. 6. FINAL PLATS: None 7. UNFINISHED BUSINESS: A. Review and action on the bid for community park sig ge submitted by Classic Design Studio. Page 1 of 3 KACOUNCILIAGENDA\Temporary Agenda Work Area\CC-04-22-03AG.doc THE CITY OF EAGLE CITY COUNCIL AGENDA April 22, 2003 7:30 P.M. B. Discussion of status of Merrill Park project: C. Holladay Engineering will discuss flawed workmanship at the downtown narking lot site. (VB) D. Eagle Water & United Water Franchise Fees — P.U.C.:, (SEB) E. TZ Consulting Contract for municipal enforcement officer: (SEB) F. Atkins Tree Service contract for arborist. (SEB) G. Proposed Ordinance No. 448 regarding burn bans. 8. PUBLIC HEARINGS: A. Review of proposed changes to the solid waste contract with BFI. The changes include a pilot program to enhance recycling and trash service within corporate City limits. The usage of a BFI container would be mandatory, exceptions will be made on a case by case basis. New fees would be associated with these changes. This item was continued from the March 25, 2003 meeting. The public hearing remains open. Final Council action cannot take place prior to May 13, 2003.(SKM) B. PP-01-03 — Mixed Use Subdivision No. 5 (Eagle River Development) — Eagle River LLC: Eagle River, LLC, represented by Bill Clark with Clark Development, is requesting preliminary plat approval for Mixed Use Subdivision No. 5, a re -subdivision of portions of Mixed Use Subdivisions 1, 2, 3 and 4 (formally known as Eagle River Development). The 36.5-acre, 29-lot (23-commercial, 6-common) subdivision is located on the southeast comer of Eagle Road and State Highway 44. (WEV) C. CPA-4-02/A-3-02/RZ-5-02 — Comprehensive Plan Amendment from Residential Two to Mixed Use/Annexation and Rezone from RUT to MU-DA (Mixed Use with Development, Agreement and Rezone from R-2 to MU-DA (Mixed Use with Development Agreement): B.W. Eagle, Inc., represented by Dan Torfin, is requesting a Comprehensive Plan Amendment to change the land use designation on the Comprehensive Plan Land Use Map from Residential Two (up to two dwelling units per acre) to Mixed Use, an annexation and rezone from RUT (Rural Urban Transitional) to MU-DA (Mixed Use with Development Agreement) and a rezone from R-2 (Residential -up to two dwelling units per acre) to MU- DA (Mixed Use with Development Agreement). The site is located on the east side of Eagle Road approximately 1000-feet north of Chinden Boulevard. (WEV) 9. NEW BUSINESS: ' A. The Ea a Fun Days Rodeo Committee is requesting an exception to Eagle's Noise Ordinance (4-9-3), for an event to be held on June 6, 2003 scheduled to conclude at midnight. The event will be held in the open field west of Rocky Mountain Fitness Center. B. Paul Lindquist anneal of Building Official's decision to deny a building permit application for the residence located at 1846 Rush Rd. (M.M.) C. Proposed Ordinance No. 447: Ordinance Of The City Of Eagle, Ada County Idaho, Amending Eagle City Code Title 4 "Public Health And Safety", Chapter 5 "Animal Control", Section 2. "Nuisance", And Providing An Effective Date.(SKM( D. Review and action on bids for the installation of 2 drainage detention areas in Merrill Park and an irrigation water bib. (SKM) Page 2 of 3 K \COUNCIL\ AGENDA\Temporary Agenda Work Area\CC-04-22-03AG.doc THE CITY OF EAGLE CITY COUNCIL AGENDA April 22, 2003 7:30 P.M. E. Review of non -budgeted expenditures. (SKM) F. Action on contract between Fireworks 1 Stage FX America. Inc. and City of Eagle for fireworks display. (SKM) 10. EXECUTIVE SESSION: A. Personnel Issues: I.C. §67-2345 (a) or (b) 11. ADJOURNMENT: Page 3 of 3 KICOUNCIL\AGENDA\Ter orary Agenda Work Area\CC-04-22-03AG.dac