City Council Regular Meeting

STAR COUNCIL MEETING MINUTES November 18, 2002 A regular meeting of the Star City Council was held on November 18, 2002 at the Star Fire Station at 7:00 pm. Mayor Gail Glasgow called the meeting to order and all stood for the Pledge of Allegiance. Roll Call: Mitchell, Stegenga and Bell; Spence was absent due to illness. Approval of Agenda: Stegenga moved to amend the agenda adding 6-C Ordinance No. 75 and 6-D Ordinance No. 76, Mitchell seconded the motion. All aye: motion carried. Executive Session: Stegenga moved to go into Executive Session under ICS 67- 2345(1)(b) Complaints Against Public Officials, Bell seconded the motion. Roll Call: All aye; motion carried. The regular meeting was reconvened. Bell moved to draft a letter to address concerns against public officials, to the concerned parties and have it sent as quickly as possible after Council review, Stegenga seconded the motion. All aye: motion carried. Consent Agenda: Mitchell moved to approve the Consent Agenda, Stegenga seconded the motion. All aye: motion carried. Public Hearings: Salmon Point – Two lot Subdivision: The Mayor asked for any exparte contact or conflict of interest from the Council. Stegenga stated that he had a conversation with the Kuenzlis about the conditional use permit a month ago regarding the access. The Mayor opened the public hearing. There was no comment from the public. The Mayor asked the Developer to speak. Ron Bath, Salmon Point Developers, 1729 Whitby Lane, Eagle, Idaho – Council has seen the application before when it went through the conditional use process last month. We have the landscape plans. This is a six acre parcel, rezoned in June to C-1. The concept is to build mini warehouses on four acres on the northern most property. The reason for the subdivision is to plat back two acres to Ron Kuenzli. Need to discuss concept of access point. Access as shown on the map was an agreement worked out with Ron Kuenzli about two or three months ago. Last Monday we had a conversation in which he still approved this, then last Tuesday he sent a letter to myself and the City saying he had a different opinion. Ron Kuenzli, myself, Sue Hansen met out on the property Friday and attempted to resolve issues and methods of getting to the approach. Bath believes they came up with a solution. Will re-address issues after Staff report. 1 Staff Report: Hansen stated that the applicant is requesting approval of a preliminary plat for Salmon Point Subdivision consisting of two lots. The property is currently zoned C- 1, in August the Kuenzli’s and Mr. Bath applied for and received approval for a lot split. That lot split created two lots, the six acre lot and the lot that is the proposed Celestial Village Subdivision. Since they have already received one lot split any subsequent lot splits require subdivision approval. While it would have been simpler to bring the entire parcel in for one subdivision, the applicant was apparently under some time restraints and felt this was more convenient for them. In any event we are just looking at the six acre parcel today, the proposal is for four acres for the storage units and the two acre parcel for the Kuenzli’s. Her information is that Kuenzli’s intend to use that two acre parcel for a buffer and continue the farming operation. She has not seen anything in writing and has seen no development plans. There is an existing access on the northern property used by the Kuenzli’s for farming business. The findings and conclusions for the storage unit clearly states that only one access will be permitted for both of these parcels. If the Kuenzli’s wish to continue using their access, the southern lot will have to share the existing driveway. The access issue needs to be clearly addressed as part of the approval process. Keep in mind that the property is zoned C-1 and can be developed as such at a later time. So this is the appropriate time to make the access restriction a formal requirement. Although, she doesn’t believe we need to tell them how to do that, she thinks it’s up to the applicant to decide what to do with the access for Council approval. Hansen stated that the highway district will limit access to 35’. Hansen read her conditions of approval or denial. She recommended approval with the following conditions: 1) Resolution to the access issue; 2) Compliance with all the Standard Conditions of Approval; and 3) Compliance with Ada County Highway District requirements. Bell asked about the 35’ for access. Hansen stated that beyond the curb ACHD doesn’t care and stated that an ACHD representative was there to address this. Randy Lane, Right-of-Way Supervisor for ACHD stated that since it is a commercial zone, 35’ is required, industrial is 40’ with 15 feet radius on each corner. The Mayor asked Bath for comments on what he and Kuenzli’s have worked out. Bath stated that in response to staff’s report, which indicated that it would have been nice to have brought this with the other project, he needed to clarify this. When he took this project through it was with Ron and Marie Kuenzli and he was buying 26 acres and Ron was keeping that six acres as he wasn’t going to do anything with it. Subsequently, after the purchase of the 26 acres, the six acres became available and as there was a need for public storage and as a result he determined to purchase the property separately from the Celestial project. There is no correlation of the projects at all, other than the fact that he is doing both projects. Currently ACHD is allowing one access, there seems to be a way to resolve this. Bath suggested moving the 35’ access which is in the middle of the property over to the property line. He will absorb the 35’ entirely on his property and restructure the parking for the customers. Kuenzli can access through Bath’s property. 2 Stegenga is concerned that there is an easement granted for Kuenzli to use or whoever owns that in the future and that easement will be part of the final plat. Bath stated that it would. The only other concern Stegenga has is about deliveries by semi-trucks, so the area needs to be designed such that a semi-truck can get through there. Bath stated that there is no problem due to more room. Stegenga asked if this was discussed at the meeting with Sue and Ron Kuenzli last Friday. Bath stated that yes it was, the only thing was that Ron wanted 75-100’ that he could use to get in and out. Bath’s concern is that Kuenzli is running large equipment over his property so he would want a maintenance agreement, so that if Kuenzli’s equipment tears his driveway up Kuenzli repairs it. Bath doesn’t mind granting the easement, but doesn’t want it torn up. Bell asked if Kuenzli was agreeable to this. Bell stated that the Council was assured that there would be one access and now there is a problem. Bell asked what assurances does the Council have that this is okay with Kuenzli’s. Bath stated that Kuenzli has agreed in concept, but they had not talked about 35’. Bath stated that Hansen wasn’t sure and Bath didn’t know what the footage on the access for commercial use was. Kuenzli wants as wide of entrance as possible. Bath stated that Kuenzli has six entrances off Star Road, he’s not losing an entrance by sharing the one that he would build for him to use. Bath hopes Kuenzli would be agreeable to that with the two acres being deeded back to Kuenzli. Hansen stated that five feet north of the property line is a telephone pole, it would need to be moved or the line buried. Bath stated that it would all be on his property. That way Ron could swing his vehicles around, Bath will make it 100’ deep so he can get onto the 35’ roadway. Hansen stated that Kuenzli agreed that 30’ was what he needed, but it didn’t sound like anyone was going to share that. Hansen stated that if they bring a final plat with ACHD approved access it would be the best. Bath doesn’t have a problem sharing the access his concern is the maintenance. The Mayor stated that the letter from Kuenzli stated that the entrance has been there since the 40’s and he’s not stating in his letter that he’s willing to abandon it. That’s where part of the Council’s concern comes from. Is Kuenzli still going to want two driveways side-by-side five years from now because it’s always been there? Mitchell stated that if we approve the plat, Kuenzli will not have that option. The property won’t have another access. Bath stated that there was an access that Kuenzli was willing to give up. Hansen stated that he indicated that he was willing to give up one if not two of the driveways. Bath asked for conditional approval so we don’t have to go back through the hearing process. It could be based on the agreement between Kuenzli and Bath and that he meet the other conditions. He would like to get this project underway. Mayor stated we need approval from Mr. Kuenzli that he approves of the plat and it should be one condition of approval. 3 Stegenga stated that this falls under the same circumstances as any other preliminary plat, we give them preliminary approval, they record all easements and meet conditions and then they come back for final approval. Until that happens they can’t do any building or anything on that property. The Mayor asked for any more comment, hearing none he closed the public hearing. Stegenga moved to approve the Salmon Point Preliminary Plat with conditions of approval that it complies with all our standard conditions of approval, complies with ACHD requirements and that at final approval we receive a signed agreement on the access agreed to by both parties with associated easements and maintenance agreements, Mitchell seconded the motion. All aye: motion carried. Pinewood Estates – PUD: The Mayor asked for any exparte contact or conflict of interest among the Council. Stegenga stated that he did meet with staff, the engineer and developer on September 20th regarding the flood plain ordinance as it applied to the plat. The plot plan was brought out on the table and there was some discussion on parts of it as it related to flood plain issues. The Mayor disclosed that he does live within 300’ of the development, but does not feel he has a conflict of interest. The Mayor opened the public hearing and asked the Developer to speak. Sandi Johnson, 11650 W. New Hope Road, Star, Idaho.She is here as the project planner and manager for Pinewood Lake Estates. The project applicant is Sitzler Real Estate and there are several consults that have been retained and they are here. Ashley Ford the Entitlement Officer, Matt Munger is the Engineer, JoAnn Butler who handles the legal matters, CC& Rs and sets up the homeowner association. Also here are the developers, Kelly Fulfer, Keith Cope and Ron Sitzlar. Johnson showed the rendering of the project. Johnson stated that she is a resident of Star and she does care about what happens here. She has been a residential project manager in the valley for the past 25 years and has had the opportunity to work with planned unit developments. Believes that the PUD will provide our City with the best possible type of growth. In the mid 70’s she worked on Boise’s first PUD, which was Lakewood and almost 20 years later, Lakewood is still cited as an outstanding PUD. She has worked as project manager of Wood Duck Island, which was built in the flood plain and they extended the greenbelt and conducted a major wetland enhancement plan. She is currently project manager of Carriage Hills in Nampa and tends to get emotionally attached to projects. In a development such as Pinewood, the organization of the homeowner association, the enforcement of convenants and design review process are essential elements. The 4 developers for Pinewood have this type of commitment. They held a neighborhood meeting and asked for input and answered questions. Invitations were mailed to all the surrounding landowners and they had prepared a small handout to address questions they might have. Johnson gave the Council and staff copies of the booklet along with other information flyers. There are 258 residential units planned for Pinewood on 119 acres, property has been annexed and zoned R-2 and R-4 with an entrance off of Highway 44. The R-2 zoned property will have 1.95 units per acre. The R-4 property will have 162 homes with a density of 2.19 units per acre. There is a pump station at the top of the property. There will be eight acres for neighborhood commercial complex and the property will be a themed subdivision. The PUD allows for ten percent commercial which Johnson believes should be required. There will be 61 traditional type homes, 39 larger park side homes and a two acre park. There will be interconnectivity with pathways. The irrigation company has approved a pathway/greenbelt along the irrigation ditch. There will be 18 town homes as a buffer from State Street. There is a triangle piece of property owned by Mr. Waterman that is not a part of this development. However, this may be negotiated in a trade later. There are 43 acres in common area or 36%. The main entrance is a split road access. There are 55 homes that surround the pond that are to be in a gated community with a private street access. There is a series of lakes for natural conservation, 31 estate homes boarding ponds, 23 homes by the ditch, 18 patio style homes and four-pod designs. There will be RV storage bordering the sewer plant. This will be bermed, fenced, locked and have surveillance. The ditches will be maintained and they are working very closely with the ditch company. They have talked to the school district and they are aware of the growth in this area. There will be a new school at Linder and Park. They have also talked with Water & Sewer, the Gas Company and Idaho Power. They have design guidelines, homeowner covenants, and guidelines for the landscaping which will meet or exceed the City’s standards. JoAnn Butler, 251 Front Street, Boise is representing the applicant. She stated that this is a concept plan and they will need to come back to the Council for each phase. The comments from other agencies have met have been met. The proposed conditions of approval are to insure they are minimizing impact, it will have a controlled phasing development, the development will be maintained properly and covenants will be sent to the City Attorney for review. Butler thanked the staff for meeting with them. The staff met in October to talk about the Flood Plain Ordinance, it was not published and final until after the application was in. The applicants will raise the property out of the flood plain and seek a LOMAR. One condition of approval was for storing 25% of the water, the City asked to meet a no net loss, they can meet 50% of the storage. The City goes further than FEMA. They don’t come under the City’s rule and the State Code is very clear on the cut off time of applications. There was an indication from staff that the application was incomplete. The application was complete. Staff had asked for the type of commercial that would go in, there is no way to know and Star’s rules say that no commercial can be built until 50% of the project is complete. 5 Butler reiterated, this project can provide half of what Star wants for water storage. Butler asked for conditional approval. Matt Munger, Munger Engineers, 4090 State Street, Boise, stated that there was an initial 25% storage for flood waters, but found that by connecting ponds and by creating habitat south of the canal they can create added storage and get to the 50% storage. The no net loss works with natural streams which spike and run off naturally and quickly. We have one month of flood time, the no net loss isn’t applicable to the Boise River. The Mayor asked for staff report. Hansen stated that the property is owned by the Sorensons and they are asking for a PUD instead of a preliminary plat for the commercial. The total project is about 2.3 houses per acre and the majority is in the flood plain. The Star Subdivision Ordinance states that there will be no structures built in the flood plain. If the LOMAR is granted the property will be deemed out of the flood plain. This will effect property downstream. The Star Flood Plain Ordinance has a no net loss requirement. She feels this is drastic and we need to negotiate with the developer. When she wrote her staff report she had no idea how much water they would hold. The PUD says they can have 10% commercial. The applicant has submitted a list of possible commercial uses and the list should be basis for discussion. Hansen has not seen a landscape plan yet. After writing the staff report, Hansen received a response from Hubble Engineering in response to the Engineer report.  Condition 3 – the revised preliminary plat of R-2 & R-4 shows density – they exceed requirements of the Zoning Ordinance.  Condition 7 - Hansen doesn’t know what the parallel lines are  Condition 10 – the commercial site is unknown and the PUD doesn’t require further review after plat approval unless you make it a condition  Condition 14 – the townhouse lots and final plat could be reviewed  Condition 18 – the flood plain issue – the developer is not willing to negotiate. Hansen addressed “hammerhead” road endings, they may be approved by Council – it does comply and the highway district has approved it. Hansen stated that there is a specific recommendation by ACHD for a connect to the west, Hansen agrees. Hansen recommended tabling this application for more information. Mark Lovejoy, City Engineer stated that on October 15 a letter was sent to the developer and the reply was reviewed on November 14. The major concern on this application is the flood plain and asked the Council for direction. The Mayor asked for public testimony. 6 Dan Sample, 12080 Highway 44, Star, Idaho stated that he only had one issue and that’s with the access to Highway 44. He believed that the Council wanted the road to align with Munger and the sewer line. They may need to be aligned for maybe another street light. Heidi Carlson, 960 S. Main, Star, Idaho stated that she has attended some planning and zoning meetings in Kuna and some of the items that come up are:  What are the developers giving to Star  In regard to architectural design, we don’t want all the same houses  They have a disclaimer for surrounding properties regarding right to farm The Mayor asked for rebuttal from the Developer. JoAnn Butler accused staff of giving false statements. The project will not hurt residents downstream, there is no foundation for this and she takes exception to this. They have gone above and beyond the FEMA requirements. The present owner is a lawyer and doesn’t know the impact of the flood ordinance. His statement is not binding. The application was complete. Asking that it not be tabled. The Idaho Transportation Department is okay with the road. We have stipulated to any ITD requirements, deviations, lot sizes and setbacks. The “Right to Farm” act will be stamped on the plat. Johnson stated that they want to work with the Council and if we can get more storage than 50% we will. The final designs will be brought in with each final plat. The ACHD request for extension to the west is no problem. ITD selected the placement for the access on Highway 44. They are giving things back with the six foot wide, paved walkway by the Lawrence Kennedy ditch for public use. Johnson stated that the “Right to Farm” act will be in the CC&R’s. Stegenga stated that the access to State Highway 44 is a type four access and will be allowed at half-mile marks. There is no connection now due to a house being across from the road. Stegenga feels that we need to move the road more towards the east. Johnson stated that there would be no problem with that. Stegenga stated that there needs to be a road between the development and CanAda, he is glad that ACHD asked for the connection. Stegenga wants a residential connection from Star Road to CanAda. Matt Munger discussed the access being a type four roadway and limited access. We can look at a frontage or backage road, ITD does not have a policy on this yet. Stegenga doesn’t like frontage roads and feels we need another road that connects Star to CanAda and we would be remiss in not having one. Butler stated that they can provide those conditions: add to conditions of approval that they work with ITD and the City to modify access at Hwy 44 further east and explore connectivity between neighborhoods with the first phase of the development. She 7 doesn’t believe it is appropriate to table this. If it is tabled or denied she will want to know why and what it would take to gain acceptance. Stegenga stated that his understanding is that we can make changes now but at final plat no changes can be made from concept. Butler stated that they could make it a condition of approval to explore this and come in with modifications. Bell stated that we have been down the “explore” road before and we need it in concrete that it will be there or the application will need to be tabled. Johnson stated that if the west connection is put down to far it will be in the flood way and can’t be built. It was suggested that the west connection be placed by the green way at the northwest corner. Butler suggested tabling this until they could talk to ITD and ACHD. Hansen stated that Mr. Waterman is opposed to the townhouses. Johnson stated that there maybe a possible land trade, and that there is no problem with the west connection. Butler asked to set a date for continuing the application. The Mayor stated that flood plain fees were paid at the time of the application and the attorney knew the development was in the flood plain. Butler stated that the attorney did not know the implications of the flood plain ordinance. The Mayor closed the public hearing. Stegenga is uncomfortable with not knowing the impact of the flood plain. They will have to have the LOMAR or they can’t build. Hansen stated that the LOMAR will remove the fill, the application process is convoluted and the Council needs to decide how they want to proceed. The Council recessed for a five-minute break. Stegenga stated that the Council agreed that the application was put in before the flood plain ordinance was published. He is concerned with the status road that goes off north/south entrance going west can’t have direct housing access and entrance moved to east property line. Stegenga stated that collector roads are in two-mile sections. Mitchell stated that he is concerned about the collector road. He would like to see Bridger Bay Drive to go east and west to the property lines and Pinewood River Way running North and South to be moved closer to the property line. 8 Mitchell moved to approve the Conditional Use Permit, Planned Unit Development for Pinewood Estates with the following conditions:  Conditions of ACHD are met  City Engineering Conditions are met  City Standard Conditions of Approval are met  Bridger Bay Drive running East/West is extended to property line  Pinewood River Way running North/South entrance is moved to the property line Stegenga seconded the motion. Bell asked about the matching of the road to Munger. It was discussed that when Munger comes down it will be moved over. Yorgason, City Legal Council stated that the 50% storage should be included in the motion. Mitchell amended his motion to add a sixth condition of approval – the applicant needs to reach 50% of replacement of storage loss with loss of fill. Stegenga amended his second. All aye: motion carried. Lake Shore – Preliminary Plat – The Mayor asked the Council if there was any exparte contact or conflict of interest. Stegenga stated that he has been involved with putting a map together for the City of all subdivisions to discuss with ACHD and has seen the map of this plat. The Mayor opened the public hearing and asked the Applicant to speak. Clint Boyle, Pinnacle Engineers, 12552 Executive Drive, Boise, Idaho stated that he was representing the Applicant. The project is 83.7 acres and was annexed and zoned R-3 on November of 2001. The density of the project is 2.29 units per acre. The smallest is at 10,000 to half acre lots. There will be 192 family units and 16 common lots on 16 acres. The R-3 zoning would allow 251 units, this development has 23% less. Open space per the zoning would allow for 5% open space, and this development is 20% open space. There is an existing drainage that will have a ten foot wide paved pathway and landscaping buffers. Houses have been backed up to Munger for a collector road. This development has sewer water features that will be the main theme. This will be a Lexington Hills type development. There will be water amenities near the entrances, a mile and a half of pathways crossing on one main road. The application has been through ACHD and received approval. Boyle has worked with Hansen in the pre-application meeting along with the engineer. They have worked with the school district, there will be a new elementary school under construction in 2005. The engineering staff is recommending parking on both sides of the road – there is one street with no parking on either side as they wanted separated walkways. 9 The Mayor asked for staff report. Hansen stated that the minimum lot size required is met, the smallest exceeding 8,500 square feet – there are two lots in block fifteen that don’t meet the minimum lot width; the lots can be redrawn. ACHD has sent a response, the entrance on Floating Feather has a house directly across from it, and the school district did send a letter that was read into record. Hansen recommended approval of the subdivision. Lovejoy stated that they have received responses from the developer regarding their concerns. Parking on both sides of the streets was one concern, along with pedestrian crossing the canal. The Mayor asked for public input. John Wolfkiel owns the property to the west of Munger. He is concerned about the effect this development will have on irrigation water. He is concerned about safety and the ditch and would like the “right to farm” explained to surrounding property owners. He is not opposed to the development, but wants to protect interests. Erik Battey, 2420 Munger Road, Star, Idaho, stated that he thinks this is one of the nicest developments to date. Battey stated that our ordinances state that we need to provide adequate transportation, adequate sewer systems, adequate school systems and to protect our way of life. Right now we have 1,711 homes approved. We will increase traffic down Star Road by 9.6 car trips by home, he is concerned about all the traffic on Star Road. The Munger extension is not even on the ACHD list and the extension of Floating Feather to State Street is number 37 on the list. The Sewer & Water District can only service 1,320 and we already have 850 connections in use. He sees some real problems with approving this application. Kristin Battey, 2420 Munger Road, Star, Idaho, stated that she is opposed to this due to the impact on the schools. Citizens don’t want to bus their kids and there are no plans to build a Middle or High School in the area. She is concerned with the “Right to Farm” act, people out there spray things and fertilize things. She doesn’t want her lifestyle to change. She stated that she is nervous sharing opinions and doesn’t feel like the Council is listening to concerns. Warren Hadley, 2204 N. Munger, Star, Idaho, stated that he is concerned about moving drainage ditches and what will happen to the Sewer & Water District’s water line. He raises hogs and is concerned that people don’t want that happening next to them and asked if the Council would support him if there were problems with that. He is concerned about the irrigation. Sam Rosti, representing the ditch company stated there are major water issues with this development when it comes to water amenities and routing of irrigation water. There are five ditches and other laterals involved with this property and State law states that irrigation water cannot feed amenities. Rosti stated that no ditch companies were 10 involved with the application and the developer was invited to meet on site for discussion. Boyle stated that the irrigation companies were notified and there was an irrigation company representative there. The waterways were reviewed in the preliminary plat stage and there is no problem with leaving the foothill lateral open. They are willing to comply with the irrigation companies. The owner of the property owns a pump company and wants water to run year round. The “Right To Farm” act will be stamped on the plans. Regarding the schools they have no plans for any type of school for Star. We received a standard form letter from the Meridian School District. Regarding the McHenry Ditch, it will be tiled. The Sewer and Water District indicated that they could add an additional 1500 houses with their expansion. The flag lots can be redesigned with no problem. He had a question about street trees being every 35 feet. Boyle stated that ACHD did look at the streets. Bell asked which ditch will provide the main water. Boyle stated that it could come from the Foothill, McHenry and possibly the artesian well. Stegenga discussed the connection dead-ending into a house and residential collectors. The Mayor does not have a problem with lots three and four. He asked about parking for the area with no parking on the street. Boyle stated that there were other areas close by to park. The Mayor closed the public hearing. Mitchell stated that the public comments are taken serious, but there are certain things the Council has to do by State Law when dealing with private property rights. Regarding the sewer connections, there will be no building permits issued without the Sewer & Water permit and no construction can happen without first having the ditch companies okay. The transportation infrastructure will be in place. The Mayor stated that when schools are at capacity, that is when new schools will be built. Bell sated that the Council tries to represent everyone, but they have certain legal guidelines they have to follow. If a developer is willing to comply with the law, we can’t turn them down. Stegenga moved to approve the preliminary plat for Lake Shore with the following conditions: Lots three and four in block 15 be redesigned to minimum lot width, comply with ACHD requirements, comply with the Star Fire Department requirements, comply with the City of Star Standard Conditions of Approval, agreement letters of approval from all the drainage and ditch companies submitted with final plat and Fountain Park Way moved fifty feet east of the existing house, located south of that streets original location on the preliminary plat. Mitchell seconded the motion. 11 Bell stated that he is concerned with the traffic on Star Road. The council may want to push ACHD with respects to Floating Feather and Munger. Question. All aye: motion carried. Celestial Village – Preliminary Plat: Ron Bath, 1729 Whitby, Eagle, Idaho stated that the development has gone from 76 to 74 lots, the ponds into the entry was shortened, the drainage has been addressed, the ponds will be year round. Stegenga asked about the access roads. Bath stated that they will come in at an angle. Bath stated that there will be more trees in this development. Bath will be filing for a LOMAR. Stegenga stated that he has a problem with the sidewalk. Bell moved to approve the preliminary plat for Celestial Village with the following conditions: The City standard conditions of approval are followed, ACHD requirements with the exclusion of the five foot sidewalk on Star Road are followed and all requirements of the Star Fire District are followed and accept the amount of flood storage shown on the preliminary plat, Mitchell seconded the motion. All aye: motion carries. Zoning Ordinance Amendment – The Mayor read the title of the Amendment and opened the public hearing. Public – Joan Giles, 11161 W. First Street read a letter from her husband addressing the ordinance change. Giles does not want the ordinance changed and wants property to be in the Central Business District. Melissa Marcum, First Street, Star, Idaho stated that she doesn’t understand why she wasn’t notified about being zoned in the Central Business District. The amendment was explained to the public. The amendment is to allow people in the Central Business District with residences to rebuild upon approval of a conditional use application. The Mayor asked for names of the people speaking. Gil & Ellie Miller – 11147 First Street James Marcum – First Street Peter 81 First Street Jim Rutledge – 11137 First Street Jean Woods – 3518 Cataline Road The Mayor closed the public hearing. 12 Flood Plain Ordinance Amendment – The Mayor opened the public hearing and read the amendment by title. The Mayor asked for public input, hearing none, he closed the public hearing. Resolutions & Ordinances: Mitchell moved to reschedule 6A & 6B to another meeting, Bell seconded the motion. All aye: motion carried. Ordinance No. 75 Zoning Amendment - It was moved by Mitchell and seconded by Stegenga 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 that Ordinance No. 75 be considered after reading once by title only. Roll Call: All aye: motion carried. Mitchell moved to adopt Ordinance No. 75 an Ordinance of the City of Star, Idaho, amending the Zoning Ordinance, to amend Section 2.3 “Official Schedule District Regulations” matrix changing single family dwelling units and two family dwelling units from “N” (Not Allowed) to “C” (Conditional Use) in the Central Business District (CBD); and providing an effective date, Stegenga seconded the motion. Roll Call: All aye: motion carried. Ordinance No. 76 Flood Plain Amendment - It was moved by Stegenga and seconded by Bell 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 that Ordinance No. 76 be considered after reading once by title only. Roll Call: All aye: motion carried. Stegenga read Ordinance No. 76 an Ordinance of the City of Star, Idaho amending the Flood Plain Ordinance, to amend Section 8.3 Water and Sewer Systems deleting subsection 8.3.B; and providing an effective date, Bell seconded the motion. Roll Call: all aye: motion carried. Adjournment: Mitchell moved to adjourn the meeting, Stegenga seconded the motion. All aye: motion carried. The meeting was adjourned at 12:30 am. Respectfully submitted: Approved: ________________________ _________________________ Cathy Ward, Clerk Gail Glasgow, Mayor 13