City Council Regular Meeting

STAR COUNCIL MEETING MINUTES January 20, 2004 A regular meeting of the Star City Council was held on January 20, 2004 at the Star Fire Station at 7:00 pm. Call to Order: Mayor Mitchell called the meeting to order and all stood for the Pledge of Allegiance. Roll Call: Councilmen Christopherson, Erlebach and Bell were all present. The Mayor stated that he would like to amend the agenda, adding SA-Deputy's Report, 5B - Letter of Support for the Star Sewer & Water bond election, and 5C - The temporary appointment of Legal Counsel. Approval of Agenda: Bell moved to approve the agenda as amended, Christopherson seconded the motion. All aye: motion carried. Consent Agenda: Bell moved to approve the Consent Agenda, which includes Meeting Minutes of January 6, 2004 and Appointments to Committees, Erlebach seconded the motion. All aye: motion carried. ) Old Business: Ordinance No. 97 Steven Springs II Annexation & Zone - It was moved by Bell and seconded by Christopherson that pursuant to Idaho Code, Section 50-902 the rule requiring an ordinance be read on three different days, with one reading to be in full, be dispensed with and that Ordinance No. 97 be considered after reading once by title only. Roll Call: Christopherson, Erlebach, Bell - all aye: motion carried. Bell moved to adopt Ordinance No. 97 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-4) with a Development Agreement; directing that certified copies of this Ordinance be filed as provided by Law; providing for related matters; and providing for an effective date, Christopherson seconded the motion. Roll Call: Christopherson, Erlebach, Bell - all aye: motion carried. New Business: Deputy's Report - Deputy Ramage passed out his written report to the Council. Ramage thanked the Council for purchasing the new laser radar and explained that he has been in 1  training on it. Ramage reviewed the activities for the month and let the Council know that he was working on bike patrols for the summer months. Letter of Support - The Star Sewer & Water District has asked for a letter of support from the Council regarding the bond election. Christopherson moved to have the Mayor write a letter of support to the Star Sewer & Water District regarding the bond election, Bell seconded the motion. All aye: motion carried. Appointment of temporary Legal Counsel - Bell moved to appoint Moore, Smith, Buxton and Turcke as City Legal Counsel for 30 days (until the contract could be presented), Erlebach seconded the motion. Roll Call: Christopherson, Erlebach, Bell - all aye: motion carried. Public Hearings: Bubba's Burgers Conditional Use Permit - The Mayor asked the Council for any conflict of interest or ex parte contact, hearing none, the Mayor opened the public hearing and asked the applicant to speak. Patrick McKeegan, 810 Vista Ave., Boise, Idaho stated that the Conditional Use Permit is for a drive up window. The restaurant, which is a permitted use, is on the lot behind the Star Mercantile which used to be the old Post Office. The drive up window would be located on the East side of the building and there would ) be one-way traffic, with enough room to stack five vehicles. Fences would be installed on the east side and the landscaping to the north would be re-done. The Star Mercantile has agreed to allow Bubba's Burgers to use their garbage facilities. Councilman Bell asked about the business hours. McKeegan stated that he does not know. Councilman Erlebach asked about the four picnic tables and lighting. McKeegan stated that they can only have ambient light - no other lighting will be provided. Councilman Christopherson asked about the speaker and new equipment. McKeegan stated that the speaker inside the restaurant controls the loudness of the speaker and it can be calibrated to a certain level. The equipment will be new. The Mayor asked for Staff Report. Craig Eckles stated that he has received one letter of written comment. He stated that the hours of operation for this application are not mandatory, and the sign application is separate from this application. There was no public comment. The Council discussed concerns over trash. It was explained that this can be a specific part of the conditional use permit. 2 The Mayor closed the public hearing. Bell moved to approve the Conditional Use Permit for Bubba's Burgers, with a condition of a site specific plan for trash maintenance, adopting the standard conditions of approval - excluding the recommended condition for specific hours of operation, Erlebach seconded the motion. Roll Call: Christopherson, Erlebach, Bell - all aye: motion carried. Centennial Development - Annexation and Zoning - The Mayor asked the Council if there was any conflict of interest or ex parte contact. Hearing none, the Mayor opened the public hearing and asked the applicant to speak. Shawn Nickel, Land Consultants, 52 N. Second, Eagle, Idaho stated that the property is located on Brandon and Floating Feather, with Dry Creek running through it. They are asking for annexation and a combination zone ofR-3 & R-4 with a development agreement of 2.5 dwelling units per acre. The Mayor asked for Staff Report. Craig Eckles stated that the Development Agreement does stipulate that there will be 2.5 houses per acre. Eckles has not received any written comments. The Mayor asked for Public Input. Eric Battey, 2420 N. Munger Road, Star, Idaho stated that everything is driven off the Comprehensive Plan Map and feels we need to postpone this annexation. It is outside the area of impact. He is opposing this and citing Section 1-3D of the Subdivision Ordinance which is in regard to being able to serve the area with sewer and water. The sewer and water system is overcapacity for a system that hasn't been built yet. Richard Lockett, 209 S. Delphinium, Star, Idaho stated that we need to slow down development. Applicant Kevin Amar, 114 E. Idaho, Boise, Idaho stated that this will have larger homes, a lot of open space and amenities. The applicants understand that they are dependent on the sewer and water. The Mayor closed the public hearing. The Council discussed the zoning of the property. Bell moved to approve the annexation of 31.67 acres and R-3 zoning of 21.52 acres on the north side and R-4 zoning of 10.14 acres on the south side with a development agreement stating the maximum number of home to be 2.5 homes per acre, Erlebach seconded the motion. Roll Call: Christopherson, Erlebach, Bell - all aye: motion carried. 3 Eckles stated that the new maps will reflect Development Agreements with the number of units. Adjournment: Bell moved to adjourn the meeting, Christopherson seconded the motion. All aye: motion carried. The meeting was adjourned at 8:30 pm. Respectfully submitted: Approved: �AJffi Nathan Mitchell, Mayor 4