City Council Regular Meeting

STAR COUNCIL MEETING MINUTES December 16, 2003 A regular meeting of the Star City Council was held on December 16, 2003 at the Star Fire Station. Mayor Glasgow called the meeting to order at 7:00 pm. Roll Call: Councilmen Mitchell, Stegenga and Bell were present; Councilman Gordon was absent. Approval of Agenda: Mayor Glasgow stated that he would like to add a Police Report after the Consent Agenda. Councilman Bell moved to approve the agenda with the addition, Mitchell seconded the motion. All aye: motion carried. Consent Agenda: Mitchell moved to approve the Consent Agenda consisting of December 2, 2003 meeting minutes, Resolution 2003-14 Comprehensive Plan Map Change, and Extension request from Havencrest Subdivision, Bell seconded the motion. All aye: motion carried. Police Report: Officer Ramage presented the Council with a written report on Police activities for the month. The City did not have any burglaries for the month. Deputy Ramage is working on training items for the public which will be implemented in the next few months. About four to five Ada County Deputies and two Idaho State Police Officers have been to Star helping with the speeding problems. Stegenga asked to have the number of citations added to the report. Deputy Ramage stated he did not know how the statistics were put together, but would find out if it was possible. New Business: Saddlebrook Phase II Final Plat – Developer Bert Bradley, 274 Harvey Street, Eagle, Idaho, stated that there are 76 lots in phase two and the only change from final plat and preliminary plat are changes requested by Council. The lot numbers stayed the same. The other issue will be for the Ada County to change the street signs. An Ada County Engineer changed the names on the streets. Craig Eckles, City Staff stated that the only new information for Council was that Legal Counsel has approved the CC&R’s. The City has not received any public comment. Mitchell moved to approve Saddlebrook Phase II Final Plat, Stegenga seconded the motion. All aye: motion carried. Public Hearings: 1 Pinewood Lakes Conditional Use Permit (Sales Trailer) – The Mayor opened the public hearing and asked Council if there was any conflict of interest or ex parte contact, hearing none, the Mayor asked the applicant to speak. JoAnn Butler, 251 E. Front, Boise, Idaho stated that this application is for a sales trailer on the property. It has met all the criteria. The Mayor asked for staff report. Eckles stated that there is no oral or written testimony. The trailer is on site now – it is being used as a construction trailer. The sales trailer will be required to meet the Americans with Disabilities Act (ADA) requirements. Stegenga asked for a lot and block the trailer would be located on. Eckles stated that it is lot one block one. The Mayor closed the public hearing. Mitchell moved to approve the Pinewood Lakes Conditional Use Permit for a sales trailer, Stegenga seconded the motion. All aye: motion carried. Ordinance No. 96 Zoning Ordinance – Sign Section Repeal/Adoption – The Mayor opened the public hearing. Eckles stated that there is a section with lines through it, which is an error and there is an error on page 7, number 2 that states fifteen (20) feet – the wording should be twenty (20) feet. Stegenga stated that he is not comfortable with the maximum height on signs at twenty (20) feet, he would like it to be around twelve (12) feet. He also is not comfortable with the non-conforming sign section being lined out. Attorney Susan Buxton put that language in there specifically to get signs into compliance. The strike out section should be left in the document. Mitchell stated that he would like to address Mr. Russell’s written letter. Mitchell asked that the word “sidewalk” be taken out of the portable sign section. Mitchell will not address “A” frame signs on the sidewalks. There are several private sidewalks in Star and the City cannot regulate these. Mayor Glasgow asked about bringing the non conforming signs into compliance. Mitchell stated that these signs are not impacting the City. He has a problem making a new owner change the entire sign. Bell stated that he does not have a problem with the ordinance. We need to remove the strike out and add something regarding maintenance and repairs. Eckles asked for clarification. 2 Mitchell stated that making the signs conform does not facilitate the local business by making changes. Eckles discussed the five foot minimum setback. Stegenga asked why we wouldn’t want to bring signs into compliance. Mitchell asked how the City would know if the property changed ownership and didn’t think we would want to monitor it. Stegenga stated that we need to take some time and figure this ordinance out we have other matters to deal with. Bell stated that he is comfortable with the current ordinance, the five foot setback and the twenty (20) foot sign height. Stegenga stated that he was not comfortable with the twenty (20) foot signs. The Mayor closed the public hearing. Stegenga moved to approve Ordinance 96 with the following corrections: page 7, number 2 – the word fifteen removed and twenty be put in it’s place before the number (20); page 8, Section J under Non-Conforming Signs – the strike outs need to be removed; page 7, number F.b.1 – the sign height needs to be changed to twelve (12) feet and omit twenty (20) feet; and page 7, section G – the word “sidewalk” needs to be omitted from the sentence “Only “A” frame portable signs are permitted. The motion died for lack of a second. Mitchell moved to approve Ordinance 96 with the following corrections: page 7, number 2 – the word fifteen removed and twenty be put in it’s place before the number (20); page 8, Section J under Non-Conforming Signs – the strike outs need to be removed; and page 7, section G – the word “sidewalk” needs to be omitted from the sentence “Only “A” frame portable signs are permitted”, Bell seconded the motion. Stegenga – nay; Bell and Mitchell – aye; motion carries. Old Business: Pinewood Lakes – Addendum to PUD – JoAnn Butler, 251 E. Front, Boise, Idaho stated this application is a PUD. The applicant asked for flexibility in the setbacks in all the zoning standards. The main topic that was discussed was the flood issue, they are asking for clarification on setbacks, and are asking for no more that 50% lot coverage. Eckles read from the PUD application regarding the flexibility in the setbacks and it is obvious that the Council made concessions for larger lot coverage. 3 Stegenga stated that he does not want all the building to have 50% lot coverage and asked if after this phase, we can be notified of how many homes will be under the 50% lot coverage. Butler stated that it could come back on the plats for future phases. Butler stated that the applicant wants flexibility and setting a certain number per phase may not work due to the market. Discussion was held on setbacks, lot coverage and minimum lot size. Mitchell asked if we need a public hearing to change this. Ransom Bailey, Legal Counsel stated that we do not need a public hearing for this, it is only for clarification. Stegenga moved to approve the request of 50% lot coverage for Pinewood Lakes, Bell seconded the motion. All aye: motion carried. Dog Ordinance Discussion - The consensus of the Council was to set up a workshop and prepare an ordinance for Animal Control patterned after Ada County. Ordinances & Resolutions: Ordinance No. 94 Fenix Property Annexation & Zone – 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. 94 be considered after reading once by title only. Roll Call: Mitchell, Stegenga and Bell – all aye: motion carries. Bell moved and read Ordinance 94 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 Residential – (R-2); directing that certified copies of this Ordinance be filed as provided by law; providing for related matters; and providing for an effective date, Stegenga seconded the motion. Roll Call: Mitchell, Stegenga and Bell – all aye: motion carried. Ordinance No. 95 Strickland Property 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. 94 be considered after reading once by title only. Roll Call: Mitchell, Stegenga and Bell – all aye: motion carries. Mitchell moved and read Ordinance No. 95 an Ordinance amending sections three (3) and four (4) of Ordinance No. 61 of the City of Star, Idaho adopted on September 4, 2001, to correct zoning designations of the annexed properties; and providing for an effective date, Stegenga seconded the motion. Roll Call: Mitchell, Stegenga and Bell – all aye: motion carried. 4 Mitchell thanked Eckles and the Mayor for all the work done on the weed clean up in town, it looks great. Bell thanked the Mayor and Stegenga for their leadership. Adjournment: Mitchell moved to adjourn the meeting, Bell seconded. All aye: motion carried. The meeting was adjourned at 8:35 pm. Respectfully submitted: Approved: _________________________ ___________________________ Cathy Ward, City Clerk Gail Glasgow, Mayor 5