City Council Regular Meeting

Star City Council Meeting Minutes September 6, 2005 A regular meeting of the Star City Council was held on September 6, 2005 at the Star Fire Station. Mayor Nathan Mitchell called the meeting to order at 7:00 pm and all stood for the Pledge of Allegiance. Roll Call: Councilpersons Dustin Christopherson, Tom Erlebach and Chad Bell were present. Councilwoman Tammy McDaniel was absent. Approval of the Agenda: Bell moved to approve the agenda, Christopherson seconded the motion. All aye: motion carried. Consent Agenda: Christopherson moved to approve the Consent Agenda consisting of Regular Meeting Minutes of August 16, 2005 and Claims Against the City for August 2005, Erlebach seconded the motion. All aye: motion carried. Public Input: No public input was given. Public Hearing: A. Cleaver - Comprehensive Plan Map Amendment/Rezone: The Mayor explained the public hearing procedures to the public and asked Council if they had any ex parte contact or conflicts of interest. Hearing none, the Mayor opened the public hearing. Applicant: Oliver Cleaver, 767 N. Star Road stated that he was asking for a zone change and an amendment to the Comprehensive Plan Map. He is the developer of Pristine Meadows and plans on restoring the Blake house and grounds. There is a sales office for Saddlebrook Subdivision next to the house; a ditch between the house and Pristine Meadows, the school across the street and a park behind the sales office. He believes that this use will function well and be harmonious to the neighborhood. Council: Christopherson asked if the zone was multiple use one or two. The Mayor stated that it is mixed use. Bell asked if the parking would be brought in from the rear or leave it the way it is. Cleaver stated that the road by the school is narrow and Cleaver is concerned about safety. He is planning to have a one-way drive, with an entrance only on Star Road and an exit on Blake Drive, he believes this would be the safest. Erlebach asked if Cleaver would modify the house. Cleaver stated that he plans to renovate the structure now, he may use another building at a later time. The Mayor asked if Cleaver had made sure of the parking requirements. Cleaver stated that he had.  Staff: Cathy Ward, P&Z Administrator, stated that a letter had been received too late for Council packages and read the letter from Marianne Garrett into the record. } Public: Steve Morrow, 11240 W. Blake Drive, Star, Idaho stated that he has no problem with what Mr. Cleaver is doing, but is worried that his view of Bogus Basin will be blocked if the other building is built. Marianne Garrett, 11756 W. Blake Drive, Star, Idaho stated that she is very concerned about the traffic, there are children coming and going to school at all times of day. She is very concerned about the addition of this exit onto Blake. She believes the barrels that are currently blocking that exit detract from all the property values. Rebuttal - Applicant - Cleaver stated that he would be happy to meet with Morrow and discuss his plans for the other building. Regarding the ingress and egress - it works well and would not impede traffic. The police have been out there regarding speeding already. He believes the clientele will be different and is concerned about safety. The cones have been taken down. Beth Zahm 11761 W. Blake Drive, Star, Idaho stated that there are a lot of children on that road and is concerned for their safety with crossing roads - they are there at all times of day. Cleaver stated that the business would not start until 9:00 am and he understands the concerns, he is concerned with safety also. ) The Mayor closed the public hearing. Christopherson stated that he believes the change is a perfect fit and understands the safety concerns but thinks they can be dealt with. Erlebach agrees, he also understands the safety concerns, but does not see a problem with this. Bell believes the best solution to traffic is a one way in on Star and a one way out on Blake Drive and would like that to be a condition of the motion. Bell moved to amend the Comprehensive Plan Map for file #CPA/RZ-05-02 changing the property at 767 N. Star Road from a medium density to a multiple use one designation, Christopherson seconded the motion. All aye: motion carried. Christopherson moved to rezone the prope1ty at 767 N. Star Road, file #CPA/RZ-05-02 from residential (R-3) to mixed use (MU), and to add a condition of ingress to be on Star Road and egress on Blake Road, Bell seconded the motion. All aye: motion carried. The Mayor stated that the prope1ty must comply with the sign ordinance. B. Zoning Text Amendment: The Mayor opened the public hearing and explained that this hearing was to remove the required lot coverage and minimum lot sizes. The setbacks, densities and open space will remain the same. 2 Public: Dennis Stegenga, 290 S. Star Road, Star, Idaho stated that this type of look can be good and can be bad also. He asked whether the 35 foot wide streets would change. The Mayor stated that there were no other changes. Oliver Cleaver, 767 N. Star Road, Star, Idaho stated that he believes this is a good change. It allows for product flexibility and allows the developer to put in really nice amenities. Cleaver stated that Roth Homes has done this behind the Albertsons in Eagle and it is a very nice development. Council: Erlebach asked if the setbacks would remain the same. The Mayor stated they would. The Mayor closed the public hearing. Ordinances & Resolutions: A. Ordinance No. 131 Zoning Text Amendment - Christopherson moved 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. 131 be considered after reading once by title only, Bell seconded the motion. Roll Call: Christopherson, Erlebach and Bell - all aye: motion carried. Christopherson moved to approve Ordinance No. 131 an Ordinance of the City of Star, Idaho amending the Zoning Ordinance No. 49. Amending Section 2.4 Schedule of Building Height and Lot area Regulations, and providing an effective date, Bell seconded the motion. Roll Call: Christopherson, Erlebach and Bell - all aye: motion caITied. B. Ordinance No. 130 Mayor and Council Salary and Benefit Increase - Bell moved 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. 130 be considered after reading once by title only, Erlebach seconded the motion. Roll Call: Christopherson, Erlebach and Bell - all aye: motion cmTied Erlebach moved to approve Ordinance No. 130 an Ordinance of the City of Star, Idaho repealing Ordinance No. 89; increasing salaries and providing benefits for the Mayor and Council members of the City of Star, and providing for an effective date, Christopherson seconded the motion. Roll Call: Christopherson, Erlebach and Bell - all aye: motion carried. New Business: Pseudoephedrine Discussion: The Mayor stated that the other City Councils in the valley want to regulate pseudoephedrine. There is a resolution in front of you from Twin Falls regarding regulating pseudoephedrine. The State's Attorney stated that Cities do not have the authority to do this. Chris Yorgason, City Legal Counsel stated that his firm has discussed this with the Attorney General and he has stated that drafting an ordinance is not constitutional. There is also no way for Cities to enforce that type of ordinance in its current form. 3 The City Council expressed it willingness to support legislation at the state level, but decided to take no further action at the local level. Reports: Staff - nothing to report Legal Counsel - nothing to report Council - Bell - nothing to repmi Erlebach stated that he attended a school bond meeting. The bond election is September 20th. Christopherson stated that he attended an Economic Development meeting on Tuesday and the next meeting will be a workshop. Mayor Mitchell stated he will not be available for the first meeting in October (October 4), he will be out of town. The Mayor stated that we have a joint meeting with ACHD on the 15th and asked all Council members to get information that they want to discuss to himself or the City Clerk. The Mayor gave an update on the building permits for the year. We are at 410. You will see the Sheriffs work crew in back of City Hall doing some clean up. We received eight responses to our architect search. We are going to have the decision narrowed down to three choices by the next meeting. The Area oflmpact meeting will be on the 8th at 6:00 pm. Adjournment: Bell moved to adjourn the meeting, Christopherson seconded the motion. All aye: 11!.0tion carried. The meeting was adjourned at 8:15 pm. Approved: � Nathan Mitchell, Mayor 4