City Council Regular Meeting

CITY OF STAR COUNCIL MEETING MINUTES MAY 21, 2001 A regular meeting of the Star City Council was held on May 21, 2001 at 7:00 p.m. at the Star Fire Station, Mayor Gussie O’Connor presiding. ROLL CALL: Benedict, Stegenga, Glasgow; Dias was absent. APPROVAL OF MINUTES: Glasgow moved to approve the minutes of May 1, 2001 as written, Stegenga seconded the motion. All aye: motion carried. NEW BUSINESS: Area of Impact – Ada County Commissioners – The Mayor introduced Grant Kingsford, Roger Simmons and Sharon Ulman, Ada County Commissioners. Landowners have requested that they be included in the City of Star’s Area of Impact. Simmons turned the meeting over to Trisha Nilsson. Nilsson stated that there are two things that need to happen on this change. The first is that the Comp Plan needs to be changed to the proper land use designation and the County will need the exact boundaries of the properties involved. Discussion was held on the public hearing that will need to be held and whether all the meetings can be combined to speed up the process. Nielson stated that the City can waive the 45 day limit on the meeting. Parks & Recreation Committee – New Member – The Clerk stated that Frank Cobb has been recommended to be a new member of the P&R Committee. Glasgow moved to confirm the nomination of Frank Cobb to the Parks & Recreation Committee, Stegenga seconded the motion. All aye: motion carried. PUBLIC HEARINGS: Rockbridge Subdivision – Annexation/Zone – The Mayor declared the public hearing open and asked Council if there was any conflict of interest. There was none. The Mayor asked for staff report. Berent stated that this application had been before the Council before. The reason it was back was due to a strip of land that was shown on the map but somehow not included in the legal description. There was no comment from the applicant or the public. Glasgow asked if the piece of property was included in the legal notice. Berent stated that it was. 1 The Mayor closed the public hearing. Meadowbrook Subdivision – Annexation/Zone – The Mayor opened the public hearing and asked if there was any conflict of interest – there was none. The Mayor asked for comment from the Applicant. Shawn Nickel, Hubble Engineers representing the applicant. The applicant is asking for annexation and zone of 14.68 acres from RUT to an R-3 designation. Lot sizes will be approximately 8,000 to 14,000 square feet with a 1.5 acre park. Nickel is working with neighboring owner, Oliver Cleaver on the roadways. The Mayor asked for staff report. Berent stated that the Council should realize that this application is for annexation and zoning not preliminary plat consideration. Berent read the Staff report. Glasgow asked if entities that had “No Comment” to this application had written letters or it was just considered “No Comment” if they had not responded. Berent stated that they had sent a letter. The Mayor asked if there was comment from the public. Christin Battey, 2420 N. Munger Road, Star, Idaho – asked where to go for information regarding all the information coming before the Council. She stated that she would like to be involved more, but doesn’t know how to get information. The Mayor stated that Battey should go to City Hall and ask the Clerk for information on upcoming meetings. Stegenga stated that the Council had talked about having developers meet with the public before the public hearings. Glasgow stated that the meetings are the first Tuesday and Third Mondays of the month, the public is encouraged to participate. The Mayor closed the public hearing and asked for comments from the Council. Glasgow asked the applicant if the park would be private or for anyone. Nickel stated that it would be private. Stegenga moved to have the Attorney draw up an Ordinance annexing and designating this application as an R-3 zone. Glasgow seconded the motion. All aye: motion carried. Stegenga moved to have the Findings of Facts & Conclusions of Law prepared for the next meeting, Glasgow seconded the motion. All aye: motion carried. 2 Mira Plaza – Conditional Use Permit - The Mayor opened the public hearing and asked Council if there was any conflict of interest – there was none. The Mayor asked to have the applicant speak. Denise VanDorn, 463 N. Nebula, Star, Idaho. VanDorn stated that she wanted to open a coffee shop and use the drive through window and would like to have it open from six in the morning until nine at night. There would be no outside speakers. The Mayor asked for staff report. Berent stated that the time frame is condition six of the original Conditional Use permit. Berent read the staff report and a letter received from Mr. Ken Olson. The Mayor asked for public input. Dana Borquest, 10683 W. 1st Court, Star, Idaho stated that Mira Plaza backs up to his property and he has seen kids on the roof and the neighbors fence. He is bothered by the noise of the street sweepers and garbage trucks. He stated that he asked the builder to turn off the lights in the back of the building, they were turned off for a week and then they spray painted the inside of the lights and turned them back on. Trees have not been replaced. The Mayor stated that Mr. Borquest needed to address the issue of time frame, not other issues. Borquist stated that there will be more people and more noise – he does not want the extended time frame granted. Borquist asked if Jack Kirtley signed the application for Pizza Hut. He stated that he opposed the hour changes, it would create more vehicle traffic and the Council should not grant the permit. Brian Flansburg – 10705 W. First Court, Star, Idaho – Flansburg stated that these hours were not correct – they were mentioned in the minutes of June 6, 2000 as 8:00 am to 5:00 pm. Attorney Moore stated that the 8:00 to 5:00 pm time frame was mentioned by the applicant during the hearing, but that was not what was granted in the conditional use permit. Flansburg believes that there will be a lot more traffic earlier in the day and he opposes that. Ken Olson – 10727 W. First Court, Star, Idaho – stated he is the one that wrote the letter and that he has the house behind the parking lot. The noise affects his livelihood and it will affect the resale of his house. Teresa Newkirk – 149 Mira Avenue, Star, Idaho – believes there needs to be a wall like the one on the other side of the road at the Post Office. She believes it would be noisier if people had to get out of their cars to get coffee, the shutting of car doors would bother her. She does not believe the applicant should be penalized but believes the developer should put up a wall. The Council, she believes, should grant the application. 3 Belinda Provancher – 444 N. Tauras, Star, Idaho – she is in favor of the application. She is a commuter and would use the establishment. She beliefves the developer should put up a wall and believes that once the mall is full the problems that are occurring now will go away. She believes the Council should grant the application. Pam Leveritt – 946 S. Main, Star, Idaho – she asked what the hours would be. It will be open Monday through Friday 6 am to 9 pm and 7 am to 9 pm on weekends. The Mayor closed the public hearing. Benedict asked if the neighbors would be in opposition of the application if a ten foot wall was put in place. They stated that they would not oppose it. The Mayor reopened the public hearing to allow for rebuttal testimony. VanDorn stated that she empathized with the other property owners regarding the noise, but everything is already in place it is just the hours that will be changed. Attorney Moore stated that the tenant can address the hours of operation, but the owner will have to address the question about the conditional use permit, and maybe the public hearing should be postponed. The Mayor closed the public hearing. Stegenga stated that the developer should have attended the meeting and asked if the buffer met code. Glasgow asked if they could withdraw the application if the Council wants a fence put in. Attorney Moore stated that they would not have to use the conditional use permit. Glasgow moved to table the Mira Plaza Conditional Use Permit until June 18, 2001 and send a letter to applicant asking to attend the meeting. Stegenga seconded the motion. Glasgow asked if a Certificate of Occupancy has been signed. The Clerk stated that it had not. Motion: All yes; motion carried. ORDINANCES & RESOLUTIONS: Ordinance No. 55 – Rockbridge Subdivision - It was moved by Stegenga and seconded by Benedict that pursuant to Idaho Code, Section 50-902 the rule requiring an ordinance to be read on three different days, with one reading to be in full, be dispensed with and the Ordinance No. 55 be considered after reading twice by title only. All aye: motion carried. 4 Glasgow moved to adopt Ordinance No. 55 an Ordinance annexing to the City of Star certain real property located in the unincorporated area of Ada County, Idaho, and contiguous to the City of Star; establishing the zoning classification of the annexed property as R-4 medium-density residential district; directing that certified copies of this Ordinance be filed as proved by law; providing for related matters; and providing for an effective date. Stegenga seconded the motion. Roll Call: Benedict – yes, Stegenga – yes, Glasgow – yes; motion carried Glasgow discussed Mira Plaza, the wall not meeting City requirements. The Mayor asked Berent to investigate. Glasgow would like the Occupancy permit to come before Council before it is signed. Benedict discussed the Resolution Attorney Moore would draw up after information was given to him. Benedict moved to adjourn the meeting, Glasgow seconded the motion. All aye: motion carried. Meeting was adjourned at 8:30 pm. Respectfully submitted: Approved: ____________________ ________________________ Cathy Lambert, Clerk Gussie O’Connor, Mayor 5