City Council Regular Meeting

CITY OF STAR COUNCIL MEETING October 3, 2000 The Star City Council met in regular session on October 3, 2000 at 7:10 pm. Mayor Gussie O’Connor presiding. Roll Call: Benedict, Dias, Glasgow, and Stegenga present. Stegenga moved to amend the agenda, by changing adjournment to #9 and adding Engineers Report to #8. Glasgow seconded the motion. All aye: motion carried. Approval of Minutes: Moved by Glasgow, seconded by Dias to approve the minutes of September 18, 2000 as written. All aye: motion carried. Unfinished Business: West Meadows Subdivision - Shawn Nickel, Hubble Engineers, 701 Allan Street, Ste. 102, Meridian, Idaho. Nickel stated that he was there to discuss specific issues from the first meeting. They have modified the plat due to the incomplete block length. They did meet with Mr. Sample and they have worked out where the roadway will go. It still meets with Ada County Highway District’s requirements. They have met with Mr. Cleaver, the property owner to the North and will work with him. A packet was sent out to the Council regarding other subdivisions, with names, house types, square footage and renderings. This subdivision will contain 900 to 1700 square foot – one and two story houses. The Mayor asked about buffering and or fencing to the East. Nickel stated that there would be a six-foot high fence to be installed and that it would be put in writing. Glasgow asked about the entry road. Nickel stated that they had met with Knudsons but were unable to come to an agreement; their price was too high. Nickel stated that the Council had received two separate approvals from the Highway District for this entrance. Stegenga asked if Hubble owned the entrance property, Nickel stated that they did. Dias pointed out that another block of the subdivision did not meet the 500 feet. Nickel stated that is due to the other property owner not wanting a road down the middle of his field so the road was moved. Nickel stated that the Sewer & Water District wouldn’t make a decision until this is final. Discussion was held on the safety issues with the entrance road, and ordinances stating that there shall be parking on both sides of the street. Discussion was also held on whether ACHD really understood what they were approving. Adell Heneghan read Section 3-2-2A from the Subdivision Ordinance. 1 Discussion was held on placement of houses. Nickel introduced Barry Tippila from Providence Group, 701 Allen Street, Meridian, Idaho. Tippila explained that houses would be built by Cherry Lane Homes and that the same house won’t sit by another. There will be three to four elevations, there will be CC&R requirements. Landscaping was discussed. It was again asked who would decide on homes not being adjacent to each other and what percent of the homes would go where. Tippila stated that they strive to put single story houses on the corners. Glasgow asked what would happen if he wanted a house in that subdivision and he wanted his own builder. Tippila stated that the building in the subdivision is exclusive to Cherry Lane only. Stegenga discussed the issue the Council had discussed of separating approval of annexation/rezone and preliminary plat. Moore commented that he believed the Council could approve them at one meeting, but they needed to be in the proper sequence – annexation and zoning first, then plat approval. Nickel stated that if the main concern is the access road and liability the developer would provide an agreement and work with the attorney. Moore asked if it would be an insurance policy for the City. Nickel stated that it would keep the City out of liability. Moore will research the liability issue. Nickel stated that they could provide curbing to separate pedestrians from traffic. Discussion was held on annexation, rezone and preliminary plat. Councilman Benedict asked about the average size home. Nickel stated the house size is market driven. It was agreed to by Hubble that the average home size would be 1300 square feet. Councilman Glasgow stated that if he were to vote now it would be no. He would like to see the R3 zoning, the entryway corrected and is not in favor of having just one builder. Councilman Stegenga asked Nickel what Hubble would do if the Council zoned this R3. Nickel stated that if it were zone R3 they would withdraw the application again. Discussion was held on the report from ACHD. Stegenga would like to discuss the entry way with ACHD. Nickel read the ACHD report to the Council. Dias moved to postpone the discussion on West Meadows to October 16th until the liability on the entryway can be researched and then determine annexation and rezone. Benedict seconded the motion. Roll Call Vote: Stegenga – no, Glasgow – no, Benedict – yes, Dias – yes, O’Connor – yes; motion carried. Discussion was held on house sizes. Stegenga asked AJ Associates for a new evaluation on additional information. Public Hearing – Preliminary Plat for Rockbridge – Mayor O’Connor asked the Council if there had been any ex-parte communication or if there was any conflict of interest. There was none. The Mayor asked for staff report. Adell Heneghan, AJ Associates read the staff report regarding an unplatted section of the Rockbridge subdivision. 2 The Mayor asked the applicant to speak. Mike Liimaka, The Land Group, 128 S Eagle Road, Eagle, Idaho introduced himself. Liimaka showed the Council the area that was before them on maps. Discussion was held on the area previously talked about being multi-family dwellings. Liimaka stated that according to market study, Star is not ready for this density yet. They have some of these facilities in Eagle and they are not doing well. The Mayor asked for public input. There was none. The Mayor closed the Public Hearing. Discussion was held on the change in multifamily dwellings and the size of lots. The houses will be smaller then move into larger home going into the development. The owner, Franz Witte asked to talk. He stated that there would be different builders in this development. He also explained that in the development some lots are larger than a half acre and there is commercial property included. Stegenga asked about the strip of land that follows the canal. Heneghan stated that it was not included or annexed in the preliminary plat. Glasgow moved to approve the Rockbridge preliminary plat, Dias seconded the motion. All aye; motion carried. Public Hearing – Comprehensive Plan – The Mayor asked whether there were any conflicts of interest. There was none. The Mayor opened the Public Hearing. Mike Moore stated that the text of the Plan is the same as was approved in May, the difference is that the Land Use Map has been added. The notice has been published. The Mayor opened the hearing to the public. Connie Spence, 486 S. Star Road, Star, Idaho – Spence stated that she was the President of Star Neighborhood Alliance for Growth (SNAG). Spence discussed the seriousness of the Comp Plan and that information for it was reliable. She could not attend the Area of Impact meetings in Ada County, but listened to the tapes. She doesn’t understand why more citizens weren’t involved, why there were Boise Judges, why meetings weren’t held in Star. She commended the Committee of Nine, Council and Mayor. The approximate cost to Star was $28,000 spent on negotiations along with everyone’s time. She is disappointed at the lack of communication Ada County has and that she believes they don’t have Star’s best interest at heart. Kim Cherry, 22345 Can-Ada Road, Star, Idaho – Cherry is looking into a manufacturing development in Star, but doesn’t see light industry on the map. He will however, be back before the Council to make a presentation. The Mayor closed the public hearing. Public Hearing – Area of Impact – The Mayor asked whether there were any conflicts of interest. There was none. The Mayor opened and closed the public hearing, as there was no public requesting to speak. 3 Discussion was held on the time frame for approving the Area of Impact. Moore stated that the statute says it should be approved within 60 days, but that failure to meet the timeline would not invalidate the agreement. The City of Star is at the 60-day limit and Ada County will not hold their hearing until much later. Resolution No. 2000-8 Adopting Comprehensive Plan with Land Use Map – Glasgow moved to approve Resolution No. 2000-8 A Resolution of the City Council of the City of Star, Idaho, approving and adopting, pursuant to Section 67-6509, Idaho Code, a Comprehensive Plan for the City of Star; repealing Resolution No. 2000-6, adopted on May 2, 2000; and providing an effective date. Dias seconded the motion. All aye; motion carried. Resolution No. 2000-9 AT&T Franchise – Benedict moved to approve Resolution No. 2000-9 A Resolution of the City of Star, Idaho, approving the transfer and assignment of the existing franchise for the construction, maintenance and operation of a cable television system within the City of Star from chambers Cable of Payette, Inc., to Cable One, Inc., and providing an effective date. Glasgow seconded the motion. All aye; motion carried. Resolution No. 2000-10 Bailey & Company Audit Agreement – Stegenga moved to approve Resolution No. 2000-10 a Resolution of the City of Star, Ada County, Idaho, approving the proposal of Bailey and Company, Chartered, Certified Public Accountants, of Nampa, Idaho, to provide auditing services to the City of Star for the fiscal year ended on September 30, 2000 and for the report to be presented on or before January 2nd, 2001; authorizing the Mayor to execute such approval on behalf of the City; and providing an effective date. Dias seconded the motion. Roll Call: Benedict – yes, Glasgow – yes, Dias – yes, Stegenga – yes; motion carried. Ordinance No. 45 – Adopting Area of Impact Map – The Mayor suggested holding off approving this until Ada County has held their public hearing. Jeff Patlovich of Ada County Development Services was asked to speak. Patlovich stated that the reason Ada County was unable to hold their public hearing earlier is due to the time frame of sending the rezone to planning and then back to the Board. Other cities have approved their Areas of Impact before Ada County – this is not uncommon. Glasgow read Ordinance No. 45 by title only – First reading: An Ordinance of the City of Star, Idaho, adopting, pursuant to Section 67-6526, Idaho Code, a map identifying the Star Area of City Impact within the unincorporated area of Ada County, Idaho; and providing an effective date. Ordinance No. 46 – Providing Plans for Area of Impact - Stegenga read Ordinance #46 by title only – First reading: An Ordinance of the City of Star, Idaho providing, pursuant to Section 67-6526, Idaho Code, for the application of plans and ordinances for the Star Area of City Impact; providing for annexation of property outside the City of Star Impact area as provided by Section 50-222, Idaho Code, providing for the processing Land Use Applications within the Star Area of City Impact and the Star Referral area; providing for related matters; and providing an effective date. Claims Against the City – September 2000 – Discussion was held on the bill for Lynd, Meridian Print and the credit card. The Lynd bill is for six months of plumbing inspections, Meridian Print is for stationary and business cards. The Council would like to see an itemized bill for the credit card and final budget. 4 Dias moved to accept the claims against the City for September 2000, Stegenga seconded the motion. Glasgow stated that he has a problem with the AT&T bill. Vote: Benedict, Dias, Stegenga – yes; Glasgow – no. Motion carried. Engineer Report – Jim Heneghan, AJ Associates discussed an issue that had come before him regarding a problem with zoning on a house that is zoned in R4. The property is not a conforming lot and with setbacks it leaves very little room for building a home and asked if the Council would be open for a variance. It was the consensus of the Council that they would take these on a case-by-case basis and would be willing to consider a waiver of fees. AJ Associates was also contacted by Idaho Power regarding regulations of running the power down State Street to Star Road. The Council had no problem with this. Dias moved to adjourn the meeting, Benedict seconded the motion. All aye; motion carried. Meeting was adjourned at 9:45 pm. Respectfully submitted: Approved: ___________________________ __________________________ Cathy Lambert, Clerk Gussie O’Connor, Mayor 5