City Council Regular Meeting

CITY OF STAR  COUNCIL MEETING February 1, 2000 The Star City Council met in regular session on February 1, 2000. Mayor O’Connor presiding. Roll call: Benedict, Dias, Glasgow, Stegenga, present. Agenda: Moved by Glasgow and seconded by Stegenga to amend the agenda by adding item 5 E. US Post Office, 5 F Id-Ore, and 7 I Health Checkup. All aye: motion carried. Minutes: Moved by Glasgow and seconded by Dias to approve the January 11 Special Meeting minutes; the January 12 Special Meeting minutes with the following changes – page 2, second line, insert the word “Impact”, to read “…Eagle Impact Boundary as…”; and the January 17 special Meeting minutes. All aye: motion carried. Public Hearing: Stairway to Heaven Subdivision Adell Heneghan, AJ Associates, Inc. provided a staff report on the reconsideration of an application for annexation, rezone, zone, and preliminary plat. Wayne Forrey, Providence Development (applicant) provided information regarding the reconsideration request. Mr. Forrey thanked the Council for the reconsideration. He reported that the main issue revolved around the density of development; R4 was not economically feasible for the development. He indicated that the project actual home density is less than 4 units per acre. The request for R5 was to allow a greater latitude with the set backs required. He reported that this proposed development was actually less than some R4 subdivisions in the City. He requested three things: 1) Council provide findings to change item 8B of the Staff Report to read the application does meet the proposed comp plan. 2) Change condition 19 page 6 of the conditions to read zone change to R5. 3) Approve annexation into the City limits. Council discussion included their perspective that the City has a need for larger lots and larger homes. Councilman Glasgow indicated that he would like to see the subdivision name changed from Stairway to Heaven. Discussed the economics of the development: lot size 7000 to 8000 square feet – $22,500 to $24,5000, home size 1,350 to 1,650 sf – $80,000 - $120,000. Councilman Glasgow objects to Condition 21 page 6 regarding street light dedication. He would prefer the lights be dedicated to the Home Owners Association not the City. Public testimony: Chad Bell, expressed concern regarding the traffic at 3rd street. Mr. Bell submitted documents indicating that the 3rd Street Right of Way was vacated in 1937 and Mr. Bell legally owned the northern portion of the Right of Way. Mr. Bell indicated that he has been named in a lawsuit with the developer regarding the Right of Way. Also, he felt the density of the subdivision was too great for the local streets. Page 1 of 6 Bruce Borup, expressed his desire to see the City control the growth of lower end subdivisions. He reported that contrary to the testimony of Mr. Forrey, larger lots do bring more money. Brad Carlson, objected to the idea of more starter homes in the area, and he felt there should be more common space. Jerry Taylor, objected to the proposal because he doesn’t understand how an R5 zone could comply with the 4 units per acre land use designation. If the developer meets the 4 units per acres (88 lots) why doesn’t he just ask for R4? Heidi Carlson objects to the development because the elementary school is overcrowded despite the School District’s statement that there is adequate room. Also, as a realtor in the area she does not believe more starter level homes are wise. She questioned whether there would be any move up homes as stated by Mr. Forrey. Gail Heist provided testimony in favor of the development. He represented Cherry Land Homes. He felt there was a lack of understanding on what a starter home really is and what a move up home is. Rebuttal, Wayne Forrey referred the council to site specific condition #2 requiring clear, uncontested proof of Right of Way for 3rd street prior to final plat. Also, he reported that they have conducted economic analysis that indicates the development can not be done at less than R5 set backs. Also, he reported that the R4 zoning results in a smaller building envelop for two story homes than the R5. He reported that they would have lot and building size diversity that would not make the development a starter home development. Mayor O’Connor closed public testimony. Discussion by the Council ensued. It was moved by Stegenga and seconded by Dias to annex the property, zoning it at R3. Aye votes – Benedict, Dias, Stegenga. Nay vote – Glasgow. Motion carried Moved by Glasgow and seconded by Dias to table the plat application at this time. Unanimous approval. New Business: COMPASS – Ali Bondaker, discussed the Transportation Improvement Program. All the projects in this program will be implemented within 5 years. They will prioritize any proposed projects to submit to Idaho Transportation Department for approval. After ITD approval, the projects will be submitted to US Department of Transportation. He requested Star provide COMPASS with projects. Discussion included: 1. Star Road to elementary school will be improved to a three lane road with curb, gutter and Page 2 of 6  sidewalk 2. Main Street will include curbs, gutters, and sidewalks 3. Traffic light at Star Road and State Street Audit report – Gary Merkle provided an overview of the audit. Moved by Glasgow and seconded by Dias to accept the audit. Unanimous approval. Speed limit – Council discussed the need for speed limits in the City. Councilman Stegenga reported there are only 29 speed limit signs in the city, the only subdivision that has any speed limit signs is Shooting Comet. Councilman Stegenga suggested that the City should adopt an ordinance that sets a maximum speed limit of 20 mph in the City unless otherwise posted. Further included the speed limit on south Star Road. Councilman Glasgow requested that the attending public be polled on the issue: Brad Carlson, discussed the “Wendy Law” that allows cities to set their own speed limits. Kathy Nelson, said she believes Star Road speed limit should be lower than 35 mph due to the large number of children on the road mornings and after school. Chad Bell, suggested that the speed limits may be good idea but, what is really needed is more enforcement. Stegenga moved that the Council direct the attorney to draft an ordinance setting the maximum speed limit in the City limits as 20 mph unless otherwise posted and reducing the speed limit on South Star road to 30 mph from Highway 44 to the City limits on South Star Road. The motion was seconded by Dias and passed unanimously. Post office – Adell Heneghan, AJ Associates, Inc. reported on the Post Office plans and read a letter from the US Postal Service suggesting a guarantee regarding the site entrances. Adell reported that Dave Smith, US Postal Service, will be available Monday to meet with Adell or any council member who may have questions regarding the facility. Bill Sickinger, C&H Construction, answered questions of the Council regarding the Post Office construction. Moved Dias and seconded by Stegenga that a decision regarding accepting the US Postal Service letter guaranteeing a change in the site ingress and egress if required at a later date. After discussion, the motion was withdrawn. Moved by Glasgow and seconded by Stegenga to request Adell meet with Dave Smith and discuss the ingress and egress. If a solution can be reached with the USPS, no further action would be needed; otherwise the issue will be brought back to the Council for addition discussion and decision. Motion passed unanimously. Ida-Ore – Councilman Glasgow reported on the services provided by Ida-Ore and requested that the City provided $100 dues to the association. Moved by Glasgow and seconded by Dias to approve the $100 dues. Unanimous approval. Ordinances and Resolutions Ordinance #34- Read by title only by Dias. Moved by Dias and seconded by Glasgow to adopt the ordinance providing the time and place of City of Star Council meetings. Roll call vote – all aye. Motion passed. Page 3 of 6 Ordinance #36- First reading of the ordinance regarding council compensation by Glasgow. Ordinance #37 – First reading regarding a noise ordinance for the City of Star by Stegenga. Resolution 2000-2 Regional Transportation Authority. Moved by Stegenga and seconded by Dias to approve the resolution. Motion passed unanimously. Reports Mayor – discussed P&Z commission; showed a potential City seal and asked for input; provided an update on the Area of Impact Committee of Nine – the meeting with the Ada County Commissioners to finalize the selection of the remaining three members will be February 4, 2000, 12 o’clock noon, in the Commissioners conference room; reported that Will Herrington, attorney for City handling the AOI negotiations wrote a letter regarding the committee of nine. Attorney – Mike Moore, requested that the City wait to accept P&Z commission applications until the City adopts an ordinance regarding a P&Z commission. City Clerk – reported that the codification project should produce a draft document in the next month and a final document in approximately three months. Also reported on the process for reimbursement of funds from the US Forest Service for the USDA RCA grant. Engineer – Adell Heneghan, reported that they had investigated citizen complaints regarding potential zoning violations, worked with US Postal Service on new Post Office, attended the Ada County Subdivision workshop, and worked with BFI to get a trash container and service donated for the area near the river at South Main. Grant writer – Mike Spence, reported that the second survey was completed and a community open house was held to discuss the results. He reported that the largest interest for community improvements was for parks, recreation centers, and improvements to the Central Business District. The committee will provide the City with a summary of the survey results and a prioritized project list. He informed the Council that March 31, 2000 is the deadline for applying for the 2nd phase of the USDA RCA grant. TVRTPA – Councilman Glasgow reported that the authority is ready to start applying for grants to projects in a 2 County area (Canyon and Ada). The authority is in need of funds for the grant process and is requesting members assist in establishing an account. Glasgow requested the City consider donating $1000 to the TVRPTA for this start up funding. Stegenga moved that the City table Councilman Glasgow’s request until it can be determined what other TVRTPA members are contributing. Dias seconded the motion. Councilman Glasgow said he would report back to the Council at the next regular meeting. The motion passed unanimously. COMPASS – Councilman Dias submitted the agenda from the last two COMPASS Board meetings. He briefly discussed what COMPASS does. Page 4 of 6 Water and Sewer District – Councilman Stegenga reported that he was unable to attend the last meeting because the original meeting was rescheduled at a time he was unavailable. Further, he reported that 8 of the last 13 district meetings have been canceled. Five of the meetings held were rescheduled 2 to 5 days after the original date, usually at 4:00 instead of 6:00. He reported that election of directors was not held because there were two vacant seats and only two applicants for the seats. The new directors are Bruce Borup and Mike Winkle. GEM Community – Councilman Benedict reported that at the January 5, 2000 meeting the committee elected Mike Spence as the Chairman. The committee decided that election of a vice chair was not needed at this time. The committee organized subcommittees for the USDA RCA grant and Star Mule Days. Health Check Exam – Councilman Glasgow reported that he spoke with Dick Gardner with Idaho Rural Partnership. Mr. Gardner reported that this is the first time the partnership has done this particular exam. The Partnership will be having a February 10, 2000 meeting. Speakers from Texas will be attending to explain the Health Check Exam. Councilman Glasgow indicated to Mr. Gardner that the City of Star would not participate in the program at this time. Executive Session-Personnel: Moved by Stegenga and seconded by Glasgow to go into executive session. Roll call on the motion resulted as follows: Aye: Benedict, Dias, Glasgow, Stegenga. Motion carried. Regular session resumed at 11:00. Moved by Dias and seconded by Glasgow to remove the Zoning Administration responsibilities from the City Clerk. Motion was passed unanimously. Moved by Stegenga and seconded by Dias to post the position of City Clerk/Treasurer and have applications received by March 1, 2000 and the position filled by April 1, 2000. Motion passed unanimously. Moved by Dias and seconded by Benedict to change the City Hall hours, beginning April 1, 2000, to 9:00 am – 5:00 pm. Aye votes – Dias, Benedict. Nay votes – Glasgow, Stegenga. Mayor O’Connor was required to vote on the matter. Mayor O’Connor voted nay. Motion was defeated. Moved by Glasgow and seconded by Stegenga to change the City Hall hours, beginning April 1, 2000 t 8:00 am – 5:00 pm. Aye votes – Glasgow, Stegenga. Nay votes – Dias, Benedict. Mayor O’Connor was required to vote on the matter. Mayor O’Connor voted aye. Motion passed. Moved by Stegenga and seconded by Glasgow to apply zoning administration duties to AJ Associates, effective March 1, 2000. Motion passed unanimously. Moved by Dias and seconded by Stegenga to approve the Claims against the City. Motion passed unanimously. Page 5 of 6 Moved by Glasgow and seconded by Stegenga to enter into executive session to discuss personnel matters. Roll call on the motion resulted as follows: Aye: Benedict, Dias, Glasgow, Stegenga. Motion carried. Regular session resumed. Moved by Benedict and seconded by Glasgow to adjourn the meeting. All aye: motion carried. Respectfully submitted: Approved: _____________________ _______________________ Adell K. Heneghan Gussie O’Connor Acting City Clerk Mayor Page 6 of 6