City Council Regular Meeting

CITY OF STAR  COUNCIL MEETING February 21, 2000 The Star City Council met in regular session on February 21, 2000. Mayor O’Connor presiding. Roll call: Benedict, Dias, Glasgow, and Stegenga present. Agenda: Moved by Glasgow and seconded by Stegenga to amend the agenda by changing item 6E to budget Committee, adding item 6I – Comp Plan language, and 5E AJ Associates, Inc contract discussion. All aye: motion carried. Minutes: Moved by Glasgow and seconded by Dias to approve the February 1, 2000 meeting minutes with the following corrections - Page 4 Gem county should read Canyon County, page 5 should read “remove the Zoning Administration responsibilities..” and page 5 should read “…application received by March 1, 2000 and the position filled by April 1, 2000.” All aye: motion carried. Public Input No participation Unfinished Business Johnson Deannexation: Moved by Stegenga and seconded by Benedict to remove the issue from the table for discussion at this time. All aye: motion carried. Mr. Johnson, 875 S. Star Road, was present to answer questions of the Council. Mr. Glasgow explained to Mr. Johnson that the parcel was included in the City limits because he was zoned R1 while in Ada County and the County determined it was most appropriate to include the parcel in the City limits. Mr. Johnson reported that he was informed that he was included because it was believed that the Star Sewer and Water District serviced the parcel. Ada County informed Mr. Johnson that he was mistakenly taxed as though he was in the Sewer and Water District. Mr. Johnson felt that he should not have been included in the City limits since he was not in the Sewer and Water District. Further, Mr. Johnson felt Star Road was a natural divide. Mr. Stegenga reported that he had discussed the issue with Ada County and the reason Mr. Johnson was included in the City Limits was because Ada County zoning did not contemplate R1 zoning. Mayor O’Connor echoed this information. She spoke with Tricia Nilson , Ada County Development Services about the parcel. Ms. Nilson said the parcel was included in the City limits because it was zoned R1. Mr. Glasgow asked Mr. Johnson why it has taken two years to seek the deannexation. Mr. Johnson replied that it took a long time to get the letter about the mistake from Ada County. Mr. Stegenga asked what the County would do if the parcel were deannexed. Mr. Johnson replied that he did not know but would be happy to talk with them to find out. Mr. Stegenga stated that he believes the property around Mr. Johnson will develop in the near future and that it Page 1 of 7 would then be a part of the City limits. Mr. Benedict asked Mr. Johnson why he desired to be out of the City Limits. Mr. Johnson replied that he would like to keep it the way it was – rural with a wide-open feel. Mr. Johnson explained he is a musician on a limited income with no retirement plan and every saving was important to him. Mr. Benedict observed that the parcel might have a higher value inside the City limits than outside the City limits. Mr. Johnson said maybe that was true and he may need to move soon anyway. Mr. Dias indicated that he felt the parcel would soon be in the City anyway with the rate of growth. Mr. Benedict echoed Mr. Stegenga’s question about the action of Ada County if the parcel were deannexed. Mr. Johnson said he would meet with Ada County Development Services and the Assessor’s office. Moved by Glasgow and seconded by Stegenga to table action on the deannexation request until a letter is received from Ada county Development Services regarding the property. All aye: motion carried. Post Office: Mr. Glasgow reported that he, Mr. Stegenga, and Adell Heneghan (AJ Associates, Inc.) held a conference call with Mr. Dave Smith, USPS, regarding the post office access. The proposed plan for a one way entrance off State Street has been approved by ITD. The one way exit will be onto Mira Avenue. The Northern most drive off Mira Avenue will be restricted to USPS vehicles and employees. Mr. Glasgow and Mr. Stegenga told the USPS the project could proceed. TVRPTA: Mr. Glasgow reported that last time the council directed him to find out what other communities were doing regarding the TVRPTA seed money request. Mr. Glasgow noted that the issue is now in a committee with no certain date set. COMPASS/ITD projects list: Mr. Dias reported that the COMPASS representative mentioned a light at State and Star Road in the 5 year plan and that it is in the COMPASS Destination 2020 plan. Irv Olen, COMPASS deputy director, asked the council to provide COMPASS a priority listing for the projects the City desired. Moved by Dias and seconded by Glasgow to have the Mayor provide a letter to COMPASS reflecting the following prioritized items: 1. Improve Star Road North to elementary school to include curb, gutter, and sidewalks 2. Install a traffic control light at the intersection of State Street and Star Road 3. Improve south Main Street with sidewalks, curb and gutter 4. Improve south Star Road with sidewalks, curb and gutter All aye: motion carried. AJ Associates, Inc. contract extension: Mayor O’Connor read a letter from AJ Associates, Inc. offering to extend engineering services to a mutually acceptable date allowing the City time to appoint a City Clerk/Treasurer. Moved by Mr. Glasgow and seconded by Stegenga to extend the contract with AJ Associates, Inc, to April 3, 2000. Roll call vote: Benedict – aye, Dias- aye, Page 2 of 7 Glasgow – aye, Stegenga – aye. Motion carried. New Business: Lot line adjustment – Doug Phelps: Adell Heneghan, AJ Associates, Inc. provided a staff report on the application. The lot is located at 508 N Cygnus Place. The lot line adjustment was requested to ensure adequate side yard set back. Originally Stetson Homes made this request in 1998. The lot line adjustment was approved by the City Council in December 1998 with no net gain or loss to either Lot 4 (the property) or Lot 5 (common lot). The homeowner is now applying for the same adjustment because the original adjustment was not recorded with Ada County. Moved by Glasgow and seconded by Dias to approve the lot line adjustment. All aye: motion carried. Sittser/Stairway to Heaven: Mayor O’Connor requested the Sittsers approach the podium to answer questions of the Council. David and Levi Sittser appeared before the Council. The Sittser’s indicated they had worked with Providence Development on a development but due to the result of that endeavor now did not wish to be annexed into the City. Mr. Dias asked the Sittsers what they would now do with the property if it were not annexed. Mr. Sittser replied that the land would continue to be used for farming. Ms. Sittser indicated they family wished to keep the property agricultural at this time. Mr. Benedict removed himself from further discussion or voting on the issue. Mr. Stegenga asked legal counsel what effect is there from the City not having an Area of Impact approved? Mr. Moore replied that the City can only annex with written consent of the property owner. The City had a written request for annexation. The Statute does not state specifically what is needed to stop an annexation after a request. However, the applicant has a right to withdraw consent up to the time of ordinance adoption. Since the ordinance has not been adopted, it would be appropriate for the applicant to withdraw their request. Moved by Mr. Stegenga to accept the letter requesting withdrawal the request for annexation from the Sittsers and to accept the withdrawal of preliminary plat application by Providence Development. Motion seconded by Mr. Glasgow. Three ayes, one abstain: motion carried. Walker temporary occupancy permit: Adell Heneghan, AJ Associates, Inc. provided a staff summary of the application for a temporary occupancy permit at 322 S. Main Street. The history of the application started with a citizen complaint regarding the use of a travel trailer as a dwelling unit at the property. The complaint was investigated and the owner notified that the use of the travel trailer as a dwelling unit was a violation of the zoning ordinance. Mr. Walker responded to the letter requesting a copy of the appropriate sections of the zoning ordinance. The City Zoning Administrator determined the owner could apply for a temporary occupancy permit as temporary living quarters. Mr. Walker apply for the permit for his uncle. The permit application came before the Council because it was not certain an uncle qualified as an immediate family member and the reason was not for health, property care, or employment. The application indicated the trailer was hooked to sewer and water. However, the Star Sewer and Water District does not have record of a legal connection for the trailer. Mr. Walker address the Council indicating that the trailer was not hooked up to the sewer but to a septic system used by his shop. The connection is similar to an RV dump connection. Page 3 of 7 Mr. Dias asked how long request was for. Mr. Walker indicated that his uncle would be moved by July 1,2000. Mr. Dias asked legal counsel for his direction. Mr. Moore indicated that a travel trailer was a “stretch” since Conditional Use permits do not allow travel trailers as permitted uses. Also, he advised the Council to limit the time to a date certain. Moved by Mr. Glasgow and seconded by Dias to grant a permit for one person for temporary living quarter until July 1, 2000. All aye: motion carried. Liaison to Meridian School District: Mayor O’Connor reported that Mr. Benedict volunteered to be the liaison to the Meridian School District. Moved by Glasgow and seconded by Dias to appoint Mr. Benedict as liaison to Meridian School District. All aye: motion carried. Budget committee: Mr. Glasgow informed the public that the City Council wishes to have public participation in the Budget process for FY’00-01. The City will be forming a budget committee and any interested parties can contact the City Clerk to be considered for the committee. Mr. Stegenga asked the City Clerk to post the information on the Window at City Hall. New chairs: Mayor O’Connor reported that new City chairs had been purchased from Fred Meyer for $262.24. City Hall telephone bill: Mr. Glasgow reviewed the January US West telephone bill. 3 lines cost $126.78 2 maintenance plans cost $7.90 Monthly service cost for three lines was $43.87 Voice messaging service cost $12.75 A monthly service expense to have the lines roll over is $23.22 Mr. Glasgow wondered why the City needed two voice lines when there is only one phone at City Hall and why are we paying maintenance on new wiring? Mayor O’Connor asked AJ Associates, Inc. to comment since they have been answering phones for the last three weeks. Jim Heneghan reported that he felt two lines was more customer friendly. Also, he commented that the second voice line could be used for the City Internet connection when that is finalized. Mayor O’Connor commented that this bill seemed appropriate for a business but agreed the maintenance plans were not needed. Moved by Glasgow and seconded by Benedict to delete the maintenance plan. All aye: motion carried. Mr. Glasgow will contact US West to cancel the plans. Confirmation of AJ Associates, Inc. as Interim City Clerk: Mayor O’Connor reported that AJ Associates, Inc. have been providing the City Clerk services on an emergency basis. Also, AJ Associate, Inc. proposed to continue to provide interim City Clerk services at the same compensation rate as was paid the City Clerk previously. Moved by Stegenga and seconded by Dias to accept the proposal of AJ Associates, Inc. as interim Clerk, assigning Jim Heneghan as Clerk and Adell Heneghan as deputy clerk. All aye: motion carried. Water and Sewer Discussion: Mr. Stegenga reported that right now the City doesn’t have Page 4 of 7 anything to do with the sewer and water for the City. He requested that the City approach the Sewer and Water District to discuss the City assuming the water and sewer assets and services. Mr. Glasgow indicated that he felt it was in the best interest of the City to pursue the water and sewer activities because of the current AOI negotiations. Mr. Moore reported that there is no particular procedure for one government to assume another governing body. However. in Idaho Code one governing body can convey assets to another governing body. The process has to be a mutually cooperative process. Mr. Moore also disclosed that his firm represents the Star Sewer and Water District and may therefore, have a conflict if the City and District proceed. Moved by Glasgow and seconded by Benedict that the Mayor draft a letter to the Water and Sewer District for consideration of City assuming the District assets and operations. All aye: motion carried. Comprehensive plan language: Mr. Glasgow requested that pg. 15 of the comprehensive plan as drafted December 1999 be changed from: “the following uses will not be permitted: aircraft landing fields or airports (public or private), go-cart tracks, gravel pits, rock quarries, clay pits (including rock crushers, cement batch plants and asphalt hot plants), race tracks (animal or vehicle), and sanitary or hazardous waste landfills.” To: “ The following uses will be considered under a conditional use permit application process: aircraft landing fields or airports (public or private), go-cart tracks, gravel pits, rock quarries, clay pits (including rock crushers, cement batch plants and asphalt hot plants), race tracks (animal or vehicle), and sanitary or hazardous waste landfills.” Mayor O’Connor suggested that this language change should be included in the formal proposal to the County saying this language change will occur IF a joint P&Z commission is formed. Mr. Stegenga said he would like to make sure that the City has some strength in the decision process for any of these conditional uses. He recommended that the original language prohibiting uses be moved to the residential section and that the language change to RT be made as requested by Mr. Glasgow. Moved by Glasgow and seconded by Dias to change the draft Comprehensive Plan language to prohibit specified uses in residential areas and consider the uses by conditional use permit process in RT areas. All aye: motion carried. Ordinances and Resolutions Ordinance #36: Second reading, by title only, of the ordinance regarding council compensation by Glasgow. Ordinance #37: Second reading, by title only, regarding a noise ordinance for the City of Star by Glasgow. Ordinance #38: Annexation of Sittser property – removed. Ordinance # 39: First reading of the ordinance setting a maximum speed limit of 20 mph in the City of Star unless other wise posted, and establishing a maximum speed limit for Idaho Page 5 of 7 Highway 44 (State Street) and Star Road within the City limits of Star by Benedict. Resolution 2000-4: Resolution for a joint powers agreement with COMPASS. Mr. Irv Olen, deputy director for COMPASS addressed the Council on the agreement. Mr. Glasgow read a portion of a letter from the City of Kuna regarding the selection of small city representatives to the executive board. The process allows the other members of the board to vote to accept or reject the small cities (<25,000 population) representatives. No other board memberships require a vote. Mr. Glasgow felt this was not a fair process. Mr. Olen responded that the COMPASS board at the last meeting decided this process and he did not know why the board decided it was the best way to proceed. He indicated that it could be revisited by the Board at the next meeting. Mr. Glasgow asked who the other board members were. Mr. Olen indicated that the mayors of cities over 25,000 were members, County representatives, County highway district, 3 at large, and 2 from the smaller towns. Mr. Glasgow asked how the Canyon County Highway Districts are represented. Mr. Olen responded that they are not represented on the Board. Mr. Benedict asked why the city had to enter into this agreement. Mr. Olen explained that the joint powers agreement allows the COMPASS organization to exist. He was not sure what would happen to the City’s membership if they decided not to enter into the agreement. Mayor O’Connor asked how the fees were established. Mr. Olen explained that the fees are set at 75¢ per population count. Mayor O’Connor then asked how the population count was established. Mr. Olen said the population is based upon the latest census with adjustments made due to building permits in the area. Mr. Benedict commented that the fees are prorated based upon population but the representation was not. Moved by Glasgow and seconded by Benedict to table the decision on the resolution until the city can find out why small town representation is determined by executive board vote. All aye: motion carried. Reports Mayor: Provided an update on the Area of Impact Committee of Nine February 4, 2000 meeting with the Ada County Commissioners. Ms. O’Connor read a summary of the meeting into the record. Ms. O’Connor indicated that four retired district court judges have responded favorably to serving on the committee. The next meeting will be February 24, 2000 at 3:00 County Building. The printer is still working on other City seal examples. Ms. O’Connor will bring the examples to a later Council meeting. City Clerk: Adell Heneghan informed the Council that a budget hearing date had to be set and the date reported to Ada County by April 30, 2000. Also, the ACHD director and commissioners can meet with the City at the March 20 meeting in a pre-council session (6:00 pm) in a Q&A get acquainted session. Page 6 of 7 Grant: Mike Spence, was not available to report. Workshop Subdivision Ordinance: Glasgow and Stegenga reviewed the Subdivision ordinance to page 30. Comments were: Page 9 change APA to COMPASS Page 10 Combine STREET section a and section h. Page 10 remove comas around “or creation of” Page 10 Section 1-4(A) should read 1-4(B). Page 10 add “of Idaho” to Surveyor definition to read licensed in the State of Idaho. Page 13 C 2 a. insert the word “sets” Pg 14 C 2 d change indication to indicating and add the word “the” before maintenance Pg 14 C 3 d add a comma after public right of way Pg 18C 2 strike the s from Administrators Pg 19 2-8 A. change “submitted to the City Clerk” to “submitted to the Zoning Administrator.” Pg 21 3-2-1 C. Stub Street remove the requirement for a cul-de-sac or temporary cul-de- sac. Add a definition of reserve street to the definitions and compare to reserve strip. Pg 22 3-2-2 Add a section C. All streets must provide adequate width to accommodate parking on both sides of the street. Pg 25 C 1 clarify this paragraph to pertain to drainage Pg 27 B 2 check on the one foot reserve per ACHD comments Pg 28 D Review other open space requirements and definitions and compare to this one Pg 29 3 delete Generally Pg 30 4-1-5 Look at way to word streetlight dedications Pg 30 4-1-6 A delete everything after “both sides of the street”. It was recommended that the remainder of the subdivision ordinance be reviewed at the next council meeting. Council consensus was to continue the review at a later date. Moved by Glasgow and seconded by Dias to adjourn. All aye: motion carried. Respectfully submitted: Approved: _____________________ _______________________ Adell K. Heneghan Gussie O’Connor Acting City Clerk Mayor Page 7 of 7