City Council Regular Meeting

CITY OF STAR COUNCIL MEETING MINUTES JUNE 18, 2001 A regular meeting of the Star City Council was held on June 18, 2001 at 7:00 pm at the Star Fire Department, Mayor Gussie O’Connor presiding. ROLL CALL: Benedict, Dias, Glasgow and Stegenga; all were present. AMEND AGENDA: Glasgow moved to amend the agenda and add item #7 – Street Lights and item #8 – Airport Issue, Dias seconded the motion. All aye: motion carried. MINUTES: Dias moved to approve the minutes of June 5, 2001, Stegenga seconded the motion. All aye: motion carried. UNFINISHED BUSINESS: Mira Plaza Conditional Use Permit – The requested permit change is for the hours of 6 am to 9 pm instead of 8 am to 9 pm. The Mayor asked for the applicant to speak. Sean Nickel, representing Jack Kirtley stated that he has reviewed the previous public hearing minutes of both meetings and understands that the only change to this is for the two extra hours and that all other conditions have been met. Berent stated that the set backs, berm and fence are exactly as the plan shows. Glasgow stated that the Council had heard a lot of comments at the public hearing that did not pertain to the issue and that things got out of hand and he would like to apology to Mr. Jack Kirtley for getting off the subject and causing any delays. Glasgow moved to approve the hours of the Conditional Use Permit from 6 am to 9 pm, Dias seconded the motion. All aye: motion carried. PUBLIC HEARING: Annexation/Zone – Strickland property: The Mayor opened the public hearing and asked for staff report. Berent stated that there were two parcels with a strip along side that was not included. The property is contiguous with the Witte property. Applicant has asked for C2 zone. Entities responding were Idaho Power, Central District Health and Star Fire Department – they either had no comment or no objection. No development plans have been submitted. Berent stated that the applicant is using the property now to sell rock. The Council could enter into a development plan if they wanted. 1 The Mayor asked for the applicant to speak. Gary Strickland, 1040 N. Linder Road, Eagle, Idaho – stated that he was not operating illegally, that the County had assessed him as a commercial zoning. Strickland offered to let the Council see his assessment notice. Strickland informed the City Clerk of this change. The Mayor stated that we will need a copy for records in City Hall. Strickland has talked with Idaho Dept. of Transportation and Ada County Highway District regarding egress and ingress. This rock is strictly for wholesale not retail, Strickland only sells to landscapers and developers, it is only a storage site. Benedict asked why Strickland wanted to be in Star. Strickland stated that he had been in the area for 25 years and would like to see Star grow. He would like to see some economic development and bring employees and businesses to Star. Discussion was held on whether a landscaping business was permitted in a C2 zone. Stegenga stated that the Comprehensive Plan currently calls for a mixed use zoning. If we modify and change the Comp Plan and the ordinance isn’t passed yet, will it be covered under the new ordinance. Moore stated that the Council could make a motion to direct him to prepare an annexation ordinance and zoning designation in accordance with the new zoning ordinance and then not adopt this ordinance until the new zoning ordinance is adopted. We should have the new Zoning Ordinance by the end of the week. Stegenga stated he is concerned with zoning the two parcels C2 due to the residential area behind the Strickland property. Strickland stated that he was told by City Clerk that the area was zoned C2 and will be used for commercial/retail business. Stegenga stated that it was not zoned C2. He is concerned with the residential neighbors. Strickland stated that his plan would be compatible with his neighbors. Discussion was held on which is more intense zoning – C2 or MU. Moore and Berent both believe that the C2 is probably the more intense zoning designation. Council discussed splitting the zoning designation on the two parcels or putting both parcels under the Mixed Use zoning. The Mayor stated that Strickland was given misinformation regarding the C2 zoning. The Mayor asked for Public Input: Mr. Marv West, 10714 State Street, Star, Idaho – stated that he owns the property next to Mr. Strickland and has talked with him regarding his concerns over noise and time of operation. Mr. Strickland has informed him it will be 2 regular hours of operation and won’t be excessive noise on Saturday and Sunday. Mr. West has no objection what-so-ever to the application. Discussion was held on being able to protect the public regarding hours of operation if there is no conditional use issued. Strickland stated that the intent in the future is to come in and apply for an office building. He wants to be in the City Limits, but he can run his operation now through the County. Stegenga asked if Strickland would be okay with the front (south) parcel being zoned C2 and the back (north) parcel being zoned MU. Strickland stated that he could not answer that now as he has not seen the definitions of the two zoning designations. The Mayor closed the Public Hearing. Benedict moved to table the motion until after the new Zoning Ordinance was passed and Strickland had a chance to look at zoning designations, Stegenga seconded the motion. Glasgow questioned that if the Comp Plan currently says MU zoning and doesn’t allow the rock operation in the area, does Strickland need to come in and apply for a variance. Moore stated that if this is lawfully zoned Commercial under County zoning, then this is a pre-existing use, and the City can annex but Strickland has a right to continue his operation but cannot exceed what he is currently doing without coming before the Council to apply for a zone change or conditional use permit. Moore stated that at the present time that if it is zoned C2, whatever is permitted under that zoning under either Zoning Ordinance would be lawful and he can operate without a conditional use permit. Moore asked that a date certain be added to the motion. Benedict amended his motion to add that the Strickland annexation and zone be tabled until July 23, 2001, giving Strickland time to look at the zoning ordinances differences, Dias seconded the motion. Vote: Dias – yes, Stegenga – yes, Benedict – no, Glasgow – no; tie vote – Mayor – no: motion denied. Stegenga moved to direct the attorney to draw up annexation papers and zone property in front (south) C2 and property behind (north) MU, Glasgow seconded the motion. Strickland stated that it will allow service station. He doesn’t understand why the Council thinks it won’t be compatible with neighbors when the parcel close to him is zoned commercial and it adjoins the residential area. Berent stated that we can change the new Zoning Ordinance, as it is only a minor change. 3 Vote: Dennis – yes, Benedict – no, Dias – no, Glasgow – yes; tie vote – Mayor – no; motion denied. Strickland stated that the County has already zoned this property commercial and he is not wanting to be in Mixed Use zoning. Glasgow asked if the County must follow the City’s Comp Plan if it’s in the area of impact. Moore stated that the County does have to follow the City’s Comp Plan and we haven’t received any notice that they have changed any zoning designations. Stegenga moved to annex the property into the City and to follow the Comp Plan zoning the entire area as Mixed Use, Glasgow seconded the motion. Vote: Benedict – no, Dias – no, Stegenga – yes, Glasgow – yes; tie vote – Mayor – no: motion denied. Benedict moved to postpone the Strickland annexation and zone until the July 23, 2001 meeting, Dias seconded the motion. All aye: motion carried. Strickland stated that the C2 zoning may have been a misunderstanding with the City Clerk. Annexation/Zone – Lange Property – The Mayor explained that this piece of property had come before the Council before, but a piece of the property had been omitted. The Mayor opened the Public Hearing and asked for any member of the public to speak. No person spoke. The Mayor asked for staff report. Berent stated that the original legal description had been incorrect and this public hearing was to correct the error. The new legal description is correct. The Mayor asked if the applicant wanted to speak. The applicant was not in attendance. The Mayor closed the public hearing. Glasgow moved to have the Attorney draw up papers annexing the property and zoning the property R2, Dias seconded the motion. All aye: motion carried. ORDINANCES & RESOLUTIONS: Ordinance No. 56 – Lange Property: Stegenga moved to have the Findings of Facts & Conclusions of Law brought before the Council before this ordinance is adopted, Dias seconded the motion. All aye: motion carried. First reading: Stegenga read Ordinance No. 56 by title only. 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-2 residential district; directing that certified copies of this 4 ordinance be filed as provided by law; providing for related matters; and providing an effective date. Ordinance No. 54 Keller Property: Moore stated that without annexing the Lange property this property is not contiguous and cannot be adopted tonight. We can have the second reading. Second reading: Stegenga read Ordinance No. 54 by title only. An ordinance amending Section 2 of Ordinance No. 51, adopted by the Mayor and Council of the City of Star on February 19, 2001, to correct the legal description of property annexed to the City of Star; excluding from the boundaries of the City of Star; excluding from the boundaries of the City certain territory not included in the corrected legal description; and providing an effective date. STREET LIGHTS: Councilman Glasgow stated that he had met a consultant that set up and designed street lighting and would be happy to come and visit with the Council if the City would pay for the travel from Salt Lake City, Utah. The Mayor stated that she would have the City Clerk find out if that would fall under the grant from the Department of Commerce. AIRPORT ISSUES: Discussion was held on whether or not to appeal the airport issue in the Star Area of Impact. Glasgow moved to continue with efforts and to appeal to the Supreme Court on the airport issue, Stegenga seconded the motion. Moore estimated a ball park figure on the cost of proceeding with this at around $2,500. Vote - All aye: motion carried. ADJOURNMENT: Dias moved to adjourn the meeting, Stegenga seconded the motion. All aye: motion carried. Meeting was adjourned at 8:30 pm Respectfully submitted: Approved: _________________________ _________________________ Cathy Lambert, City Clerk Gussie O’Connor, Mayor 5