City Council Regular Meeting

STAR CITY COUNCIL MEETING. September 21, 2004 The regular meeting of the Star City Council was held on September 21, 2004 at the Star Fire Station. Councilman Bell called the meeting to order at 7:00 pm, and all stood for the Pledge of Allegiance. • Roll Call: Council Tammy McDaniel, Dustin Christopherson, Chad Bell and Tom Erlebach were all present. Mayor Nathan Mitchell was absent. Approval of Agenda: Christopherson moved to approve the agenda with the following changes: Changing Section 7 to City Speed Limit and adding subsection - A - Speed limit sign discussion; and deleting 4-C Communities in Motion from the agenda, and changing Adjournment to Section 8,McDaniel seconded the motion. All aye: motion carnes. Consent Agenda: Christopherson moved to approve the Consent Agenda, Erlebach seconded the motion. McDaniel, Christopherson, Bell and Erlebach - all aye: motion carried. The Consent Agenda consisted of: Approval of September 7, 2004 Minutes; Bailey & Company Audit Contract; and Resolution 2004-07 Auditors Contract Resolution. ) Special Reports: Police Report -Deputy Ramage handed out the monthly reports and stated there was a mistake in the report. There are two pages on crime listings - they are the same. Deputy Ramage will get the Council the correct second page. The Mule Days Celebration went well and people cooperated. The tum out was great. Five Year Transportation Improvement Program - Linda Ritter representing COMPASS handed out a map of the Star area. There are no projects within the City at the current time. Some of the other surrounding projects are: State Highway 44 corridor study, the signal at Beacon Light Road and Emmett Highway. Craig Eckles, Zoning Administrator has put the TIP packet together for Council review. COMPASS will need to have the information back by October 29, 2004. Kendall Cramer of the ACHD Planning Department stated that we need to prioritize projects for the future. We need to get a submittal list of new or old projects. Eckles discussed the map and the Star Road improvements were shown. In 2008 there is a project to widen Joplin Road eight feet adding guard rails. Erlebach asked about the purple lines on the map. Ritter stated that they were roadway projects, the purple stands for the year. Eckles stated that final action would need to be determined at the next Council meeting. Bell asked about prioritizing projects. The Floating Feather extension study will be done in 2005. The right tum lane project on Star Road is done. The Munger Road project will be development driven. 1  ) ACHD Community Enhancement Project, Eckles stated that the deadline for this is September 30, 2004. The packets do contain the application. Areas that have breaks or broken sidewalks were reviewed. This needs 80% of the residents to agree for this to happen - 100% preferred. This only pertains to parcel owners affected, as ACHD needs the right of way. It was moved by Christopherson to direct staff to start petitions for curb, gutter and sidewalk for improvements for the areas discussed, Erlebach seconded the motion. All aye: motion carries. Public Hearing: Animal Control - Bell opened the public hearing which also included the resolution for fees - Eckles stated that the Idaho Humane Society has joined with the City and we need to adopt our own ordinances. Notices were published. Eckles discussed conforming/non-conforming uses - Eckles read the definition. Grandfather rights need to be understood by the public. Use must be maintained for twelve months. The key is a full year to replace existing animals. Definitions of the Animal Control Ordinance were reviewed. The section on Cruelty was read. Confinement of animals was reviewed - if the animal is kept within a confined area, they may not be confined closer than 25 feet - they may graze - but not housed. Eckles read all section titles of the ordinance. A new section 29 has been added - All ordinances or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed, and shall have no further force or effect. The ) title should include "repealer" after enforcement. Public Input - Pam Leverett, 946 S. Main, Star, Idaho -The Humane Society came up with a figure for horses 1.2 acres, she has very lush grass and there is no problem with feeding horses. Need to use your head. An example is, two people have children, they want horses, but can't have them now as they are to young, then in ten years they can't have horses on the property. Fertilizer may be issue. Del Ireland, 245 S. Main, Star, Idaho believes it is a bad ordinance, it's covering to much territory. He has horses, which he takes off pasture in winter and then brings back for summer. If he can't have horses to eat the grass, is City going to cut grass. Can he have a milk goat. Dennis Stegenga, 290 S. Star Road, Star, Idaho stated that he is glad that legal counsel realized the conflicts with this ordinance and the zoning ordinance. The Zoning Ordinance requires a half acre of land and this is says 35,000 sq. feet. There is an inaccuracy- conditional use permits only required in the zoning ordinance for commercial districts. We need to add definition for private kennel in all areas. Commercial kennel should be more strict. There are conflicts in 1 and 2 definitions. In domestic and non domestic animals we need to add on 4 similar to 5 to exclude animals as conflicting. On pages eight and ten we have non-domestic with restrictions this should be stricken. Additional definitions - private kennel, vicious dog - dangerous needs to be ) defined and tied together with vicious. On page 9 - 12 - a description is needed for 2  permit for non domestic animal. On liability, page 12 appropriate - lost license fee, non- , ) domestic animal. There are changes on B-6. Fenced area - pasture and property area have been discussed. Agricultural animals on 4d - farm animals, horses, mules, cattle, llamas change to get them together. He doesn't understand sheep not being able to be on property. The amount of land per animal, the numbers of acres are to much. He suggests the Council not pass this ordinance. Jeannie Nail- 1011 S. Star Road, Star, Idaho goes along with Stegenga, we are moving to fast. Nail is not in the City limits. She is in the business ofraising horses and she can't do it if this is enforced. She believes we are limiting country people and should put horses and mules together. She keeps horses in a fence adjacent to Mr. Giles property, does she have to move her fence. No you do not have to change fences. Nail believes we need to re-write this section. Christopherson - regard to 1.2 acres per horse - what would you suggest? Nail stated that the Ordinance should address animal owners that don't take care of their animals. She can't answer how many animals to an acre. Tina Johnson, 652 S Star Road, Star, Idaho stated that she moved to Star so she could have two horses. Her horses are taken care of. Would hate to think she couldn't live here. Larri Hazeltin, 894 S. Star Road, Star, Idaho stated that he has sometimes up to six horses on two acres. This needs to change. It is a lot better to help people. If you have animals it doesn't mean you don't take care of them. ) . Ronald Freitag, 624 S. Main Street, Star, Idaho. Believes that a lot of the ordinance is good, but the number of animals per acreage is way out of line. He has ducks and geese and books that recommend more of these type of animals per acre. The Humane Society is crazy. He believes we are going to fast, we need to consider what we're doing. Trina Neu, 754 S. Star Road, Star, Idaho asked about the City limits, referring to the area of impact and its effects. She agrees with everyone, the number of animals per acreage is a concern. The Humane Society monitors people who don't take care of their animals and needs to make reasonable accommodations. She is in the business of training horses and may have up to four horses on her property, there are also 4-H concerns. We also have mini animals coming into play. The language in the Ordinance should be clear and should accommodate residents as long as we maintain animals. The City of Boise has four horses per acre. Jason Williamson, 788 S. Star Road, Star, Idaho stated that he agrees with everyone. This is about quality of life - he bought his property with the thought of getting a horse. Zachary Bruneel, 10308 State Street, Star, Idaho stated that he has the veterinarian clinic and is here tonight for the opportunity to listen and give insight. He believes that the Ordinance should not be an opportunity to eliminate, but to ensure a business of horse raising in the city limits. Horses can be kept in confined stalls - cows cannot, cows have to have pasture space. He stated that he has been thinking of developing a plan for 3  boarding or grooming. This should be closely watched should apply to all businesses, we ) need some kind of control, but we shouldn't limit the number of animals. Pam Leverett, 946 S. Main, Star, Idaho asked how they would sell their land-the only way will be if you have a horse on the property. Bell stated that no one will be affected right now due to grandfather rights. If you have animals now, you don't have to change things. Irene Wilson, 864 Star Road, Star, Idaho believes it's a shame that kids in a subdivision are not allowed to keep small animal. Wilson has 25 horses on 10 acres plus other animals, it should depend on how you take care of them. Jason Williamson, 788 S. Star, Star, Idaho also believes it is a quality oflife issue. With all this property disappearing into subdivisions - things are changing. These properties are the last few properties visible. The land is wasted if can't have animals. Bell closed the public comment. Christopherson has read the ordinance and he had similar concerns on the limitations, but he has no experience in this. Think that for the most part this ordinance is good, he would like to take another look at farm animals in the city limits. Instead of legislating numbers of animals - legislate how people take care of their animals. He would deny this ordinance as it stands. ) McDaniel agrees with Christopherson on the Section 4 of this Ordinance, we need to regroup and keep the rural atmosphere - we need to revise this. Erlebach agrees. Bell stated that we need to look at this section, we definitely need to state a certain number. He had neighbors moved in next door and they had way to many animals. We need to look at this. Recommend we table this until we can re-write this section and put more effort into it, we need a more realistic number. The Ordinance was tabled to October 191\ 2004. At which time the public hearing will be opened. We will need to re-notice this as a public hearing. Changes will need to be re-noticed. Fees may change. Bring back another time. Christopherson stated that we will need to discussion this when the City enters into a contract with the Idaho Humane Society. Christopherson moved to have the animal ordinance tabled until October 19, 2004 and including the fees resolution, McDaniel seconded the motion. All aye: motion can-ied. Public Hearing: ) 4  Park Regulation Ordinance - Bell opened public hearing. ) Eckles read all the headings for the Park Regulations Ordinance. We are hoping to provide some regulations. Bell pointed out that park hours are a half hour before and a half hour after sunrise. Rollerblades are to be used in designated areas only. Permits are required for park use. Public Comment: Dennis Stegenga, 290 S. Star Road, Star, Idaho stated that he had read ordinance, it is well written for park and agrees with fee schedule. This is needed for growing community. Stegenga strongly supports this ordinance. Bell closed public comment and then closed the public hearing. Public Hearing: Parade & Public Assembly Ordinance - Councilman Bell opened the public hearing. Eckles reviewed the Parade & Public Assembly Ordinance. Eckles listed the titles. Public Input: Dennis Stegenga, 290 S. Star Road, Star, Idaho stated that he has one change. The definition of parade should not include public assembly - we need to strike that. This is something that's needed as the community grows and we will have more and more requests for. He believes it is a good ordinance and is in support of the ) ordinance and fee schedule. It was agreed that we need to strike public assembly from the parade definition. Bell closed the public hearing. Christopherson stated that the ordinance needs the purpose defined and believes we need to add this in future ordinances. Chris Yorgason, Legal Counsel stated that we try not to add a purpose as it tends to improperly restrict the ordinance. RESOLUTIONS & ORDINANCES: - Parade & Public Assembly Ordinance: It was moved by Christopherson and seconded by Erlebach 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 the Parade & Public Assembly Ordinance be considered after reading once by title only. All aye: motion carries. Christopherson moved to approve the Parade & Public Assemblies Ordinance an Ordinance of the City of Star, Idaho designating rules and regulations for parades and assemblies in the incorporated boundaries of the City of Star, providing for definitions, standards for issuing permits, restrictions, penalties, and providing for an effective date, 5 ' McDaniel seconded the motion. Roll Call: McDaniel, Christopherson, Bell and Erlebach ) - all aye: motion carries. Park Regulation Ordinance: It was moved by McDaniel and seconded by Erlebach 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 the Park Regulation Ordinance be considered after reading once by title All aye: motion carried. McDaniel moved to approve the Park Regulations Ordinance, an Ordinance of the City of Star, Idaho, designating rules and regulations for all publicly owned parks in the incorporated boundaries of the City of Star, providing for definitions, reservations, standards for issuing permits, restrictions, penalties, and providing for an effective date, Christopherson seconded the motion. Roll Call: McDaniel, Christopherson, Bell and Erlebach - all aye: motion carries. Park, Parade and Assembly Resolution: Christopherson moved to approve the Park, Parade and Assembly Fee Resolution, a Resolution of the City of Star, Idaho, establishing a schedule of fees for park facilities, parade and assemblies; and providing an effective date, McDaniel seconded the motion. Roll Call: McDaniel, Christopherson, Bell and Erlebach - all aye: motion carries. Discussion on City speed limits inside City limits: Ordinance No. 39 addresses the speed limits in the City limits. Christopherson believes we should tie the 35 mph zone to ) contruction on Hwy 44. McDaniel asked how developed area is defined. Yorgason read the Idaho Code regarding the 35 mph speed in city limits. Our ordinance complies with Idaho Code. Stegenga stated that other signs need posted like "No Jake brakes and 20 mph unless otherwise posted" signs. It was the consensus of the Council to comply with our own ordinances. Bell instructed staff to call and have the speed limit signs moved. Adjournment: Christopherson moved to adjourn the meeting, Erlebach seconded the motion. All aye: motion carried. The meeting adjourned at 9:32 pm. Respectfully submitted: Approved: 0� Nathan Mitchell, Mayor ) 6