City Council Regular Meeting

CITY OF STAR COUNCIL MEETING April 17, 2000 The Star City Council met in regular session on April 17, 2000, Mayor O’Connor presiding. Roll Call: Benedict, Glasgow, Stegenga present; Dias absent. Minutes: Moved by Glasgow seconded by Stegenga to approve the minutes with the following corrections – Page 1 the owner of the proposed park is Dale not Dave, page 2 the subdivision should be 5 dwellings not R5, page 2 under Sittser the name of the subdivision should be West Meadows not Stairway to Heaven, page 3 negotiations are with Ada County not Ada County Highway District. All aye: motion carried. Public Comment: Comments: Vanice Hoffer, 12215 W. Band, Star Hoffer: Is before the Council to show and discuss the remodel of 1,000 sq. foot building behind the Star Library. The Council looked at the plans. Hoffers are looking for the City or Water & Sewer to lease the building. The building will match the look of the current Library building. The Council suggested that Hoffers set up a meeting with the City Engineer and they could assist in setting up the application process. Comments: Warren Eilers,11627 Hwy 44, Star Eilers: He has submitted a request for rezone on his property. It was decided that Eilers should discuss this issue under the Public Hearing for the Comprehensive Plan. Comments: Heidi Carlson, 960 S. Main, Star Carlson: Requesting help from the City with problems on her property by the river. She would like to have the City post signs that people cannot be there before dawn or after dusk. The Council explained that the City cannot put signs up on private property, but Carlson can. The Council can draft a letter to the police regarding the problem. Council suggested that Carlson contact the ditch company and/or Ada County Highway District about the problems. Comments: David Shakley, 754 S. Main, Star Shackley: Commented that he believes there is a problem in the same area as Carlson discussed and would like to see signs posted. Also, on Main Street there has been a trailer hauled in along with a lot of other things. He would like to know what could be done. The Council explained that other letters have been written and asked that Shackley put his complaint in writing to City Hall. Comments: Joe Bertone, 8315 Elk Ridge, Middleton 1 Bertone: Commented that there is a proposed gravel pit planned for Middleton and would like help from the citizens of Star to get this stopped. The pit has already been defeated in the Planning & Zoning phase. This pit would mean about 400 trucks a day through downtown Star plus any other trucks associated with the pit. The plan also calls for bringing in a crusher. Bertone asked citizens to please attend the next meeting on this pit. It will be held on April 24th at 6:30 pm at the Canyon County Courthouse. The proposed pit will be on the northside of State Street with intersection at Kingsbury and State. The owners of the pit are asking for a 15-year conditional use permit. The Council encouraged citizens to attend the meeting on April 24th. Comments: Joe Coburn, 8111 W. Kingsbury, Middleton Coburn: Commented that the Canyon County Highway District will only allow this pit operation to exit trucks on Kingsbury and this will cause a safety problem. They also intend to operate six days a week. If there are any questions please call 585-3855 and talk to Coburn or 880-7060 and talk with Bertone. Comments: Chad Bell, 11630 W. 3rd, Star Bell: Commented on the problem with people parking on the main road in the downtown area of Star. It is hard to see around these vehicles and wondered if the Council would be addressing this issue. The Mayor stated that they would be talking with Ada County Sheriff and would be addressing a safety ordinance. New Business Public Hearing Marcus Property Variance Jim Heneghan, AJ Associates, Inc. provided staff report regarding the application for a variance. Heneghan explained that the application was for lot side setbacks, zoning R1. This is on lot 21 S. Main in Dickerson subdivision, it was platted at the turn of 1900 and has been subject to Ada County zoning which called for a 10 foot setback, it would be consistent with the other buildings in that area. Public Testimony: Ruth Marcus, 2854 N. Stone Ave., Meridian Marcus stated that she would like to have the 10-foot setback to be consistent with the other buildings. David Shackley, 754 S. Main, Star Shackley would like the Council to look at these variances and to think about all the changes. He doesn’t want to see it become a habit of changing zoning all the time. Mayor O’Connor closed the public hearing. Stegenga stated that the ordinance does say 15 feet. He thinks the ordinance should be changed to 10 feet instead of 15 feet. Glasgow moved that the variance be granted from 15 feet to 10 feet, Stegenga seconded the motion, all aye: motion carried. 2 Road Abandonment – Highway 44 Mike Moore, City Attorney stated that he had researched this request and the Ada County Highway District is requesting a recommendation from the City. Two things to consider are: we are in a County which has a County-wide Highway District, and the City may not have the authority to vacate; and that Ada County Highway doesn’t believe the roadway is theirs, they believe it is owned by Idaho Transportation. Moore recommended not holding a public hearing, but sending a letter of recommendation to Ada County Highway District. Public Input: Cathy Smith, 1101 E. Idaho, Emmett Smith: Represents the sellers and stated that there was confusion on who owned this roadway. It is located on the north side of Highway 44. She would like to expedite things, and asked that the Council give their written consent. She stated that Idaho Transportation is doing further review of this roadway. Roger Bennie, Tri County Surveying Bennie: Showed the Council the area where the old roadway is located. Benedict asked what the reason was to clear this up now is. Smith stated that the buyer wants to know what he owns or has access to. Micki Butler, 1008 E. Main, Star Butler had no comment. Glasgow moved that the Council send a letter stating that we do not recommend this abandonment. Stegenga agreed that the Council shouldn’t abandon a right-of-way. Glasgow stated that the intersection may become a major area and we don’t know how the abandonment will be effected. Bennie stated that the engineers don’t have the expertise to know what will happen. Glasgow moved, Stegenga seconded to send a “do not recommend abandonment” letter. Benedict is undecided. Glasgow, Stegenga – ayes, Benedict – abstained. Motion carried. Hubble Engineering Presentation on Open Space & Parks Wayne Forrey, 3045 Vance Place, Boise Flory: Is at the meeting representing Sean of Hubble Engineering, Sean could not attend the meeting. Flory has four ideas for the Council on ways to obtain a City park. The first way would be in zoning language with co-located parks – shared open space like the Eagle Knoll project; 2 – encourage developers fees in lieu of open space to create capitol fund to develop a park; 3 – the zoning ordinance would encourage developers to look at PUD for future park or fees in lieu of; and 4 – ask developers to donate property for a park with density transfer procedure like the Stoney meadow project. The Mayor thanked Flory for the ideas. 3 Public Hearing on Comprehensive Plan The Mayor asked if there was any conflict of interest, there was none. Public Input: Warren Eilers, 11627 Hwy 44 Eilers: He has approximately 5 acres, which is zoned R2 and would like it re-zoned commercial. It is for sale now. Glasgow asked if he should disclose that he lives within 300 feet of the property and asked if the property would need to be rezoned and a change made to the Comp. Plan. Moore stated that application will have to be made and Glasgow will need to disclose that he lives within 300 feet at that time. Discussion was held by Council on whether the Comp. Plan or just grant the zone change. The property borders high density and commercial. Eilers asked what the application fee would be for re-zoning. Stegenga stated that it would be $800.00. He mentioned that the Council will be reviewing the zoning ordinance and may make some changes on its own. Pam Leverett, 946 S. Main, Star No Comment Heidi Carlson, 960 S. Main, Star Carlson: Asked the Council to not change the wording on page 15 of the Comp. Plan in regard to uses “will not be permitted”. The Mayor explained that this type of language was put in to avoid future lawsuits. It was explained by Moore that the Comp. Plan is not regulatory, only a guide. Stegenga stated that the “will not be permitted” clause was added to the residential section. Warren Eilers, 11627 Hwy 44, Star No Comment Margaret Stenenger, 832 S. Main, Star No Comment Chad Bell, 11630 W. 3rd Street, Star Bell: Asked what are legal ability is for people who wanted annexed into City and to create a subdivision, and when turned down by Star went to the County. Moore stated that the property is outside City limits and we can’t stop development where it is not in the impact area, but the County has to make the final decision. Connie Spence, 486 S. Star Road, Star 4 Spence: She stated that she was the president of “SNAG” Star Neighborhood Alliance for Growth. She is against the gravel pit and airport, and stated that the group had gone before Ada County and had the gravel pit overturned. She asked the Council, why if the changes to the Comp. Plan were not critical, why they were changed so many times. Spence stated that the Council and Mayor should not look at one group but should look at all and she recommends staying with other Comp. Plan that was approved under Public Hearing. She stated that the judges wouldn’t have a copy of the Comp. Plan – it should be the zoning ordinance. Spence stated that it is very frustrating when so many changes are made. The Mayor closed the public hearing. The Mayor stated that there have not been back and forth changes to the Comp. Plan and we need to be flexible with the County. The City of Eagle does not have this type of paragraph and she doesn’t care if it is left in. Benedict stated that the plan is a draft and the more finalized the better. Stegenga stated that this was the first public hearing the other meeting was an open house. Discussion was held on whether the Comp. Plan needed to be passed as an ordinance or resolution. Moore recommended it be passed by resolution. Glasgow stated that half the time of writing the Comp. Plan was spent on this one paragraph, and 90% of the Comp. Plan applies to the impact area, which is not in the City limits. Stegenga moved to have Moore draw up a resolution to approve the Comprehensive Plan, Glasgow seconded the motion. All aye, motion carried. Resolution 2000-5 Engineering Contract Glasgow moved to approve Resolution 2000-5 a contract with AJ Associates, Inc. for Engineering and Zoning Administration, Benedict seconded the motion. Glasgow let the public know that they could pick up a copy of the contract at City Hall. All aye, motion carried. Mayor’s Report The Mayor stated that on April 10th she attended the Association of Idaho Cities seminar on planning strategies/juvenile crime/runaways and brought back information. She has copies of “Creating a Vision” for anyone wanting a copy. The City will be talking with the Sheriff’s department about getting a couple officers in Star and public safety programs. We will celebrate Arbor Day on April 28th from 1:30-2:00 pm at the Star Elementary School, we have picked out two trees to plant. 5 Clean Up Week for Star will be May 15-20. We will have flyers coming out in the Merc advertisement with more information. The Mayor asked for Council approval on contributing $100.00 to the Fire Department for the meeting table. It was decided to put this item on the next meeting agenda. The Mayor stated that the hours of City Hall are now 8:00 am to 4:00 pm and will close at 2:00 pm on meeting days to allow Lambert to leave and then come back. Glasgow asked if we could ask Lambert to work without a lunch break. Moore stated that Lambert would have to agree to it. It was decided to put this item on the next meeting agenda. Benedict moved to adjourn the meeting, Stegenga seconded the motion. All aye, motion carried. Meeting was adjourned at 9:20 pm. Respectfully submitted: Approved: ___________________ ____________________ Cathy Lambert Gussie O’Connor City Clerk Mayor 6