City Council Special Meeting

Star City Council Special Meeting Minutes June 23, 2008 A special meeting of the Star City Council was held on June 23, 2008 at Star City Hall, Council President Chad Bell called the meeting to order at 7:00 pm and all stood for the Pledge of Allegiance. Roll Call: Council persons Tammy McDaniel, Dustin Christopherson, Tom Erlebach and Chad Bell were all present. Mayor Nathan Mitchell was absent. Approval of the Agenda: Councilman Christopherson moved to amend the agenda adding Claims Against the City for June 2008, an estimate to the Consent Agenda and adding an Executive Session to the agenda as item seven and moving adjournment to item eight, Erlebach seconded the motion. All aye: motion carried. Consent Agenda: The Consent Agenda consisted of: Findings of Facts and Conclusions of Law for the Kuenzli Rezone & Conditional Use Permit and the Anytime Fitness Conditional Use Permit. McDaniel moved to approve the Consent Agenda, Christopherson seconded the motion. All aye: motion carried. Public Hearings: Council President Bell explained the procedures for public hearings. Ordinance No. 190 City of Star Zoning Text Amendment - Bell explained that Ordinance No. 190 was for a City of Star Zoning Text Amendment changing fireworks from a non-permitted use to a conditional use permit. Bell opened the public hearing, and asked the Council if they had any ex parte contact or conflicts of interest, hearing none, Bell asked if any public would like to speak. Public Input – Darren Drinkall, 4145 W. Moon Lake Drive, stated that the land owner was not present at the last meeting. Drinkall spoke with the Mayor and stated that he thought this was the best way to go. Council President Bell closed the public hearing and moved to deliberations. Christopherson thinks this is a good idea and believes it should be conditionally approved and not just a permitted use. He does not have a problem with it. McDaniel concurred with Councilman Christopherson, she likes the idea of putting conditions on it. Kirtley/Drinkall Conditional Use Permit – Bell asked the Council if they had any ex parte contact or conflicts of interest, hearing none, Bell opened the public hearing. 1 Applicant, Darren Drinkall, 4145 W. Moon Creek Drive, discussed the access onto Highway 44. Drinkall did speak to the Idaho Transportation Department and they sent a second letter on June 11, 2008, it basically states that since this is a temporary use, the setbacks don’t apply. They would like no one to access Highway 44, Drinkall stated that in thinking about that, people might park on 44 if it were blocked off, we might want to open it up to prevent that. McDaniel stated that “no parking” signs could be put up. She asked if there is ample egress and ingress to the Star Road entrance. Drinkall stated that there was. No public signed up to speak. Bell closed the public hearing and moved to deliberations. He stated that now was the time to place additional conditions on the application. Christopherson asked if we could approve the Conditional Use Permit without approving the Ordinance first. Ordinance No. 190 Zoning Text Amendment - 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.190 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. 190 City of Star Zoning Text Amendment, an Ordinance of the City of Star, Idaho amending Ordinance No. 59, the zoning Ordinance; amending Section 2.3 Schedule of District Use Regulations; and providing for an effective date, McDaniel seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell – all aye: motion carried. Christopherson stated that he likes the idea of “no parking” signs and ribbon or rope adjacent to State Street. McDaniel stated that there was some dust abatement discussions before, do we need to condition it. Drinkall talked about magnesium chloride which has been applied along with water and the weeds have been mowed down. Erlebach is concerned about people driving North, the area could be very congested. Bell is concerned about a lot of traffic in the area, it is not that deep for vehicles between the lot and alley. Staff - Mary Shaw-Taylor suggested placing a condition of approval of requiring the Applicant to come into the Zoning Administrator with a traffic plan, she could then get with ITD and get an approval. Shaw-Taylor stated that it could be a quick response and he could have it tomorrow. McDaniel moved to approve the Conditional Use Permit with the four stated conditions, adding a fifth condition of requiring the applicant to draw up an egress and ingress plan and 2 present it to the Zoning Administrator for approval and to add “no parking” signs and roping off of State Street and Star Road, Christopherson seconded the motion. Erlebach asked about dust mitigation in the alley. Bell stated that we could not require it on private property. Roll Call: McDaniel, Christopherson, Erlebach and Bell – all aye: motion carried. Ordinances & Resolutions: Resolution No. 2008-09 BLM Property – Staff explained that the Resolution was for procurement of 80 acres of BLM land that would tie into the park at Roselands. McDaniel moved to approve Resolution 2008-09 BLM Property, a Resolution of the City of Star, Ada and Canyon Counties, Idaho, approving and authorizing the filing of an application with the Bureau of Land Management for the acquisition of public lands under the recreation and public purposes act; authorizing the Mayor to execute the same; and providing an effective date, Erlebach seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell – all aye: motion carried. Ordinance No. 189 2008 National Electrical Code – Bell stated that this is to bring the City into compliance with the National Code. Christopherson asked about exceptions and inclusions. Staff stated that these are normal exceptions and inclusions. Examples of exclusions are – the City does not have an Electrical Board. 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.189 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. 189 2008 National Electrical Code, an Ordinance of the City of Star, a municipality of the State of Idaho, adopting the NEC 2008 National Electrical Code with the Provisions; adopting Annex H; exceptions; inclusions; providing for general wiring methods; providing for fees; providing for severability; repealing Ordinance No. 125 and any conflicting Ordinances and providing an effective date, Erlebach seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell – all aye: motion carried. Executive Session: Christopherson moved to go into Executive Session pursuant to Idaho Code 67-2345 (d)(f), pending litigation, McDaniel seconded the motion. All aye: motion carried. McDaniel moved to adjourn the Executive Session and go back into the regular meeting, Erlebach seconded the motion. All aye: motion carried. 3 Adjournment: Christopherson moved to adjourn the meeting, Erlebach seconded the motion. The meeting was adjourned at 8:45 pm. Respectfully submitted: Approved: ______________________ ________________________ Cathy Ward, City Clerk Nathan Mitchell, Mayor 4