City Council Regular Meeting

Star City Council Meeting Minutes September 20, 2005 A regular meeting of the Star City Council was held on September 20, 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 Tammy McDaniel, Dustin Christopherson, Tom Erlebach and Chad Bell were all present. Approval of Agenda: Bell moved to approve the agenda, McDaniel seconded the motion. All aye: motion carried. Consent Agenda: Christopherson moved to approve the Consent Agenda consisting of the Regular Meeting Minutes of September 6, 2005, Findings of Fact & Conclusions of Law – Cleaver Comprehensive Map Amendment/Rezone, and partial Claims Against the City for September 2005, Erlebach seconded the motion. All aye: motion carried. Public Input: A. Law Enforcement Report: Deputy Ramage passed out the Sheriff’s report for the month of August. The biggest problem area is with property crimes. Homeowners need to make their homes and vehicles more secure to deter these types of crimes. B. Public Input: No public input was given. New Business: A. Lakeshore Subdivision Phase II, Final Plat: Mayor Mitchell asked Council if there were any questions regarding the staff report. Bell stated he noticed some minor lot line changes and asked if this was the subdivision we were having problems with the landscaping being completed. The Mayor replied that this is the subdivision, and although progress has been made, landscaping is still is not complete. The City has renegotiated bonding with them for completion. A condition could be added to this final plat stating no building permits will be issued until landscaping is complete, unless weather interferes. They could be allowed to bond to get their plat to the County prior to issuance of building permits. Bell stated he would like to add condition number thirteen to the conditions, requiring landscaping be complete before any building permits are issued. Erlebach asked if other conditions have been met. 1 Justin Walker, City Engineer, informed the Mayor and Council that Landmark Engineering had submitted more information at 3:00 today but he had not had a chance to review it. He assumes some issues on the engineers report have been met, but they will withhold signature on the mylar until all conditions are met. Applicant: Jed Wyatt, Landmark Engineering, 104 9th Avenue South, Nampa, briefly reviewed the final plat application and stated the landscaping for phase one was taken care of with bonding. The Mayor informed Mr. Wyatt that the City would not allow them to build in phase two without landscaping completed, unless the weather interferes. This condition is based on Lakeshore’s past track record. Wyatt stated conditions were found acceptable and asked for approval. The City Engineer informed the Council that Cathy Ward and he have developed a final walk- thru checklist. Bell moved to approve File FP-05-10, Lakeshore Subdivision Phase II Final Plat with the recommended twelve conditions of approval and adding condition number thirteen, that no building permits will be issued until landscaping is complete, unless weather interferes, Christopherson seconded the motion. All aye: motion carried. B. Estrella, Phase III Condo Plat: The Mayor stated the application in front of the Council is to approve condominium units, which will provide for individual ownership. Applicant: Kent Brown, 1800 Overland Road, Boise, stated they have found conditions to be acceptable. Christopherson moved to approve File CO-05-01, Estrella Subdivision III Condominium Plat with conditions one through seven, McDaniel seconded the motion. All aye: motion carried. C. Transportation Improvement Projects – Review/Approval of Transportation Committee List: The Mayor informed the Council that the Transportation Committee has prioritized the TIP list. Christopherson stated he agrees with the list, but questioned whether we are considering a bypass. The Mayor stated there are no bypass plans at this time, although Highway 44 and 20/26 are under study. Dennis Stegenga informed the Council there were no plans for a bypass, but there are partial plans from Highway 16 to the freeway. 2 Erlebach questioned whether request number two and number nine were the same. Dennis Stegenga stated that the difference is that request number two is to the east and number nine is to the west of town. The Transportation Committee felt to the east was a higher priority. McDaniel moved to approve the Transportation Committee’s recommended Transportation Improvement Project list and forward it to the appropriate agencies, Christopherson seconded the motion. All aye: motion carried. D. Discussion – Streetlight Resolution: The Mayor informed the Council that the resolution in front of them was for discussion only, not approval. The resolution suggests streetlight plans be submitted to the Transportation Committee for review. He stated he is okay with them setting the standards, but feels approval should stay in house with staff; the reason being, it was hard for a citizen’s committee to meet consistently and there was usually a turnover of committee members Dennis Stegenga stated the Committee had no problem taking language out regarding committee review. They put in language stating that along the two main corridors the City’s decorative lighting would be required. The Mayor stated that the resolution would be modified to take out “for committee review”. The City Engineer pointed out that nothing dictates the spacing of streetlights. He has done some research on this and could provide information for the Council to review. The Mayor stated that the Committee would put in spacing specifications from the engineer. E. Discussion – Amending Firearms Ordinance: The Mayor informed the Council the draft for amending the firearms ordinance is in front of them at the request of some landowners who are willing to annex, but have concerns regarding the discharge of firearms. McDaniel asked if a BB gun would be considered a firearm. The Mayor replied yes – anything that propels a projectile would be considered a firearm. The current ordinance does not allow anyone to use firearms on their property. This amendment would allow larger land owners to shoot within the City limits. Christopherson stated he feels the definition is open to interpretation. The Mayor replied the definition is subjective, but legal counsel feels they would have no problem defending it in court. 3 Bell stated that the Fish and Game Department and the State already have rules and regulations in place regarding the discharge of firearms within so many feet of a residential area. He has no problem with this Ordinance. McDaniel asked for clarification; if someone is on their own property and they have enough ground this ordinance allows them to target practice? The Mayor reiterated that with our current ordinance today it would be illegal. This amended ordinance will allow them to do as they wish as long as it’s not reckless. He then asked the Council if they wished him to take this ordinance to a public hearing to adopt. Bell stated that he didn’t feel it needed to go to a public hearing, but would like the definition for reckless tightened up. The Mayor stated he will bring the ordinance back before the Council. F. Discussion – Architects for City Hall Building: The Mayor stated he would have the Council’s top four choices for architectural firms for City Hall scheduled for interviews at the October 20th meeting. The firms include Lombard Conrad, Design West, BRS Architects, and JJDS Architects. He will request a fee schedule from each for Council review beforehand. Ordinances & Resolutions: A. Ordinance No. 132 Cleaver Rezone: McDaniel 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. 132 be considered after reading once by title only, Christopherson seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell – all aye: motion carried. Christopherson moved to approve Ordinance No. 132 an ordinance rezoning certain real property located in the City of Star, Ada County, Idaho, at 767 N. Star Road, from a residential (R-3) classification to a mixed use (MU) classification; amending the zoning map of the City of Star to reflect such changes; and providing an effective date, Bell seconded the motion. Roll call: McDaniel, Christopherson, Erlebach and Bell – all aye: motion carried. B. Resolution No. 2005-11 Idaho Gem Community Program: The Mayor explained to the Council the resolution in front of them is required by the Idaho Department of Commerce in order for the City to be active in Gem projects. Bell moved to approve Resolution No. 2005-11 a resolution of the City Council of the City of Star, Ada County, Idaho, endorsing participation in the Idaho Gem Community Program; and providing for an effective date, Christopherson seconded the motion. All aye: motion carried. Reports: 4 Engineer - Justin Walker stated that the City of Eagle is continuing their protest of the Area of Impact boundaries. Their hearing is scheduled for the first week in December. Council – McDaniel informed the Council that there is an Emergency Management Executive Meeting on October 31. Idaho did contribute to emergency relief from the hurricane by bringing some evacuees to Idaho. Christopherson stated there was an Economic Development Committee Meeting last Tuesday at the Senior Center. Headway was made in determining what direction they are setting for long and short term goals. Erlebach – Nothing to report. Bell stated there is a Valley Regional Directors meeting tomorrow he hopes to attend. The Parks and Rec Committee is basically non-existent; he plans to put the word out that we need volunteers for a new committee. The goal will be to get recommendations on playground equipment. The Mayor Mitchell informed the audience that petition’s for candidacy for two council positions are available at City Hall and must be turned in by 5:00 Friday, September 30th. He will be meeting this month to discuss implementation of strategies for Blue Print For Good Growth. He reminded the public that there is a school bond election going on today. The Mayor informed the Council that he will be gone September 29 through October 7. He informed the Council that Denice VanDoren with the Star Independent will be publishing a summary of the City’s budget in the next issue. The Mayor asked Mary Overstreet from the Transportation Committee to have the committee look at putting the light at Blake’s Trailers at a different location – if it gets hit again the City is looking at not replacing it. Mary suggested putting up a sign stating no parking of any vehicles over six feet and adding striping might help. The Mayor informed the Council that no park impact fees will be adopted before October. In regards to the Area of Impact – the County Planning and Zoning unanimously approved our application as approved last year. We are scheduled before the County Commissioners on October 26, 2005. Bell requested that the building inspector’s contract be rewritten in the new budget timeframe. Adjournment: Bell moved to adjourn the meeting, Christopherson seconded the motion. All aye: motion carried. Meeting adjourned at 8:10 pm. Respectfully submitted: Approved: _______________________ ___________________________ Kathleen Hutton Nathan Mitchell, Mayor 5