City Council Regular Meeting

STAR COUNCIL MEETING MINUTES December 16, 2002 A regular meeting of the Star City Council was held on December 16, 2002 at the Star Fire Station at 7:00 pm. Mayor Gail Glasgow called the meeting to order and all stood for the Pledge of Allegiance. Roll Call: Spence, Mitchell, Stegenga were present; Bell arrived later. Approval of Agenda: Spence asked to amend the agenda taking 5-A Lura Knudsen off the agenda. Stegenga moved to approve the agenda as amended, Mitchell seconded the motion. All aye; motion carried. Consent Agenda: Stegenga stated that he had called City Hall with corrections to minutes and Findings of Fact. Mitchell moved to approve the Consent Agenda as corrected, Stegenga seconded the motion. All aye; motion carried. Announcement: The Mayor explained that the Council had held an Executive Session and Councilwoman Spence was not in attendance. The information was put into letter form and will be read. Mitchell read the letter sent to Councilwoman Spence (see attached letter). Spence responded by stating that she cannot relate to the letter unless the Council has specific issues. Spence stated that she wanted the public to call her if they have questions, she wants everything to be done in public. Mitchell stated that he has been accused of not listening to the public and lying and he doesn’t appreciate it. Spence stated that she did not mean to imply that Mitchell was dishonest and she believes that the Council will continue to make mistakes if we act in haste. Public Hearings: Havencrest Preliminary Plat: The Mayor asked if there had been any exparte’ contact or conflicts of interest with regard to this development, hearing none he opened the public hearing. The Mayor asked to hear from the developer. Shawn Nickel, Land Consultants, 52 N. Second Street, Eagle, Idaho stated that this was a preliminary plat application which was submitted on September 16, 2002 for comprehensive map amendment. The property was annexed and zoned R-3 preliminary plat for 48.81 acres. The property belongs to the Quenzer family and will have 120 residential lots, 13 common lots and will comply with the zoning and subdivision ordinances. Lot sizes start at 10,000 square feet on up to 18,000 square feet. The development will meet requirements of Ada County Highway District, Star Sewer & 1 Water District , drainage and landscaping requirements. The development will include a 2.5 acre park which will be 5.2% of the subdivision. The developer has met with the Zoning Administrator and City Engineer. Nickel reviewed the response to the City Engineer’s letter.  Contour lines are shown on the revised plat  The road south of the ditch will be built during that phase – near a common lot and they will work with the Saddlebrook development  The ditch easement – they are working on it  Phases – there will be two phases to this development  The storm drainage hookup will go south to Saddlebrook  The street name will be changed  There will be a sewer connection  The cul-de-sac street name will be changed  They agree with final plat requirements  They agree with planning staff requirements  One issue is compliance with landscape – they don’t want to put trees in before construction Kevin Amar, 114 E. Idaho, Meridian, Idaho stated that they would like to provide a subdivision with large open space, a subdivision that the builders will need to be involved in. Amar stated that they will have yard lights, landscaping that exceeds the Cities requirements, fences and will provide amenities. The lot sizes are from a quarter acre on up, the entry way is landscaped, they will have a monument sign at the entry. Amar showed the Council examples of housing and mature trees. They have met with Star Sewer & Water and the Fire District and have requested approval. They have parties that are requesting access to their house and roadway and also to irrigation. Spence asked if the school had been contacted. Amar stated that he has talked with Wendell Bingham and he is aware of this project and others in Star and is working to mitigate that. The Mayor asked for staff report. Sue Hansen, City Planner reviewed the history of the application. She stated that the 2 ½ acre park will be maintained by the homeowner association. They do have one road that already complies with landscaping. They will have to comply with ACHD. The Deerhaven/Munger road will have to be to collector standards. She has received a letter from Idaho Power regarding this subdivision. One concern is the structure that straddles the lot line on five and two. This is an existing house which needs to be removed or the lot line adjusted. Hansen read the Council reasons to deny or approve the application. Other items of approval should be compliance with the City Engineer requirements, ACHD, removal of structure or lot line adjustment, landscape plans submitted, compliance with other agencies and City standard conditions. The Mayor asked for the Engineer Report. 2 Mark Lovejoy, Holladay Engineers, stated that he had just received the letter from the developer today and there were several issues to address. The main concern is the storm drainage and sewer. Mitchell stated that the sewer would be connected to the interceptor line. Lovejoy stated that it would not be a concern then. The Mayor asked about storm drainage. Amar stated that they are retaining the drainage on site. The Mayor asked about tree requirements. Hansen stated that our requirements are one street tree every 35 feet per right-of-way frontage on all streets. The developer is requiring two trees per house. Hansen stated that it would meet the City’s requirements. The Mayor asked about the street-side fencing. Amar stated that the fencing would be set off the sidewalk. Spence asked about connectivity, keeping the speeds down and bike paths. Amar stated that there is connectivity to the park. Regarding the bike paths and pathways, the police have concerns about safety issues, so they were not added. The subdivision is designed for bends in the roads, so motorists cannot see straight down the roads – they see housing. Mitchell asked about the City’s streetlight requirements. Amar stated that the houses will have lights in their front yards and the development will comply with the City’s streetlight requirements. Stegenga requested that the main road be called Munger and the northern part of the road be moved towards the connection line about 200 feet to the east. Spence asked Bruce Mills of ACHD about the priority of the connectivity of Floating Feather Road. Mills stated that it is on the five-year plan and development will drive the project being moved up on the priority list. At this time there is no defined date on connections. Mitchell asked about design project dates. Mills stated that of the five-year project, the first two years are firm dates for projects. Spence asked about stoplights. Mills stated that there is only one planned now for Star at the corner of Star Road and State Street. Currently there is not enough development on CanAda to warrant a light. The Mayor closed the public hearing. Yorgason, City Attorney stated that we should leave the public hearing open for letters from agencies. 3 Mitchell asked Hansen if a follow up call had been made to other agencies. Hansen stated that she had and received no response. Nickels stated that they had met with Sewer & Water and they had no issues or concerns and they have met with the school district and they are well aware of the project. Regarding the road realignment, there is no problem and they will agree to it. Amar stated that they had also talked to the Star Fire District regarding the subdivision. The Mayor closed the public hearing. Spence stated that she met with Wendell Bingham of the Meridian School District and showed him a map of the development. She stated that he told her that Star needs a new school and may be able to provide temporary trailers. They are proposing a school in the Emmett Highway area. Spence feels that the developers need to keep open communications with the schools regarding impact on the schools. Mitchell moved to approve Havencrest Subdivision with the following conditions:  Meets with the City Engineer’s requirements  Meets with ACHD requirements  Removal of the structure or lot line adjustment  Meets landscaping requirements  The developers conditions be included  Meets standard conditions of approval  Realign Munger road to north 150 feet Bell seconded the motion. Stegenga asked about the developers conditions. Mitchell amended his motion to include the developers conditions in the CC&R’s at the time of final plat, Bell amended his second. Roll Call: Spence – nay; Mitchell, Stegenga, Bell – aye; motion carries. New Business: Waiver of Fees for Conditional Use Permit for Friends Church - The conditional use permit is for improvements of property. Orville Winters, 11286 W. 3rd, Star, Idaho of the Friends Church asked to waive the fees for conditional use permit. The Mayor stated that he supports this as the facility is to be used by the community. Bell moved to waive the fee for the Friends Church, Stegenga seconded the motion. Spence stated that the City only waived part of the fee for the Senior Center. Mitchell stated that he does not want to see the City set a precedence and is opposed to waiving fees, he feels that there is a cost to the application and we have to pay for it. 4 Bell stated that the Church supports City functions, they had the dance and potluck at the revival center and is available to the community. Spence agrees with Bell, the Senior Center has provided their facility for meetings and feels that the fees should be waived for non-profit. Mitchell stated that there will come a time when we have a non-profit organization in front of us asking for waivers that we don’t want and we won’t be able to deny it. Stegenga stated that he wants to approve these on a case-by-case basis. He feels that the Senior Center was different, the City waived the fee that was asked. Spence feels that these are two non-profit organizations and should be treated equitably, both can be waived and urged the Council to be fair. The Mayor stated that Spence was off base with the Senior Center, we are talking about the Friends Church. Roll Call: Spence and Mitchell – nay, Stegenga and Bell – aye; the Mayor voted aye to break the tie, motion carries. Waiver of Fees for Conditional Use Permit for Star Sewer & Water – This request is to waive fees for building the pump station building. The Mayor stated that this fee would be like one taxing district taxing another district. Mitchell stated that he does not support waiving this fee. The lift station costs will be reimbursed to the Sewer & Water District. Stegenga stated that he agrees, they still charge the City for sewer. Spence stated that the Sewer & Water District has increased their fees by $5.00 and feels that the City shouldn’t foot the bill. Hansen stated that the Sewer and Water District is out of compliance and asked the Council about waiving the deadline to hold a public hearing at the first meeting of the month. The publication costs would be cheaper to do both of these at the same time. The Council did not want the meeting moved to the first meeting. Bell moved to deny the request for waiver of the conditional use fee of $500.00, Spence seconded the motion. Roll Call: All aye, motion carried. Saddlebrook Final Plat Phase One – The Mayor asked for staff report. Hansen stated that there has been a revision to the final plat – instead of 68 lots there are 65 with six common lots, a four acre park which are identical to the preliminary plat. 5 Items that are not yet done are the CC&R’s, the “Right to Farm Act” statement is missing from plat and the proof of compliance with the Middleton Mill Irrigation District needs to be received. Hansen read her staff report. Further conditions of approval should include: Engineer and ACHD requirements and the City standard conditions of approval. Hansen showed the Council the lots that were lost and explained that they lost three lots due to drainage. Spence asked about the CC&R’s. Hansen stated that they have not been submitted yet. Bradley stated that he had been told they were sent two months ago. Stegenga discussed changes to two of the cul-de-sacs to lessen traffic on 3rd street. Bell asked about phase one and the west property and what was proposed. Bradley stated that it would be a common area. Bert Bradley, owner of the property stated that he is still negotiating with Middleton Mill and a possible change in water rights. They want to bring water to one place. A copy of the CC&R’s will be sent to the attorney. Bradley does not have a problem with changing the entrance on the two cul-de-sacs if it is okay with ACHD. Spence asked Bruce Mills of ACHD how long the changes would take. Mills stated that if it is a minor change the staff can handle it in a couple of days, if not it will have to go through the Commissioners. Spence moved to table the final plat with conditions of the planner to be met and discussions with the developer and ACHD to occur, Stegenga seconded the motion. Stegenga asked Bradley if the delay would hurt the project. Bradley stated that they need to get it before DEQ as soon as they can, as DEQ will take about six weeks to review. Mitchell is opposed to tabling this project. Roll Call: Spence – aye, Mitchell, Stegenga, Bell – nay; motion fails. Stegenga moved to approve the final plat of Saddlebrook phase one with the following conditions:  CC&R’s to the attorney  “Right to Farm Act” printed on the plat map  Proof of agreement with Middleton Mill Irrigation Company  Road modifications as discussed with concurrence of ACHD Mitchell seconded the motion. Mitchell would like the motion amended to reflect “building setbacks at issuance of building permits”. Stegenga amended his motion, Mitchell amended his second. 6 Bradley stated that there could be problems with developers if they have to change setbacks in the middle of a phase. Mitchell stated that the zoning ordinance does not change that often to cause problems. Discussion was held on the road change and ACHD. Mitchell stated that the motion is if changes aren’t made the final plat approval isn’t approved. Hansen stated that the engineer’s comments and concerns were not addressed. Mitchell reviewed the engineering comments. Stegenga clarified the road modifications. The two cul-de-sacs at the Southeast corner entrance from the south property entrance to be from the north. Stegenga amended his motion to include “where easements are required it needs to be twelve feet”. Roll Call: Spence – nay; Mitchell, Stegenga, Bell – aye; motion carries. Town Hall Meeting – Mitchell stated that he would like to schedule a Town Hall meeting on January 8th as an open forum and have better communication. Stegenga stated that there is a Mule Days meeting scheduled for that night. Mitchell moved, Stegenga seconded the motion to spend the necessary funds to send out flyers for the Town Hall meeting. Spence does not want to spend the money on flyers, she suggested putting in the Star Merc flyer. Roll Call: Spence – nay; Mitchell, Stegenga, Bell – aye; motion carried. Lakeshore Park Subdivision Road Appeal – The Mayor asked Anita Fenix the property owner affected to speak. Anita Fenix, 11535 W. Floating Feather Road, Star, Idaho stated that she wanted to develop the property to the east, and the road as it is is okay with her. If it was changed to be put 50 feet on the east side of her property she could not subdivide. Discussion was held on the road as it is proposed would be running through her barn. Stegenga stated that there would not be a lot of different entrances on to Floating Feather. The Mayor asked the applicant to speak. Clint Boyle, Pinnacle Engineers, 12552 Executive Drive, Boise, Idaho stated that the roadway out of Lakeshore Park is a residential collector street onto Floating Feather and there could be serious problems with a straight shot onto a non-residential collector street. The developer would like the entrance to go in by the water amentities. 7 Discussion was held on collector roads and local roads. Mitchell moved to remove the realignment of North Fountain Park Way, Bell seconded the motion. Spence asked about the protocol for changing, Mitchell stated that they were not impacting. Fenix stated that she has five acres to the east, with the ACHD additions to Floating Feather she has one more access. Stegenga is concerned about the road extension and the expense. Mitchell stated that we are getting to deep into planning peoples property. The motion is to remove the realignment on Lakeshore. Roll Call: Spence, Mitchell, Bell – aye; Stegenga – nay; motion carries. Ordinances & Resolutions: Ordinance No. 81 International Building Code - It was moved by Mitchell and seconded by Bell 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. 81 be considered after reading once by title only. Roll Call: All aye – motion carried. Mitchell moved to adopt and read Ordinance No.81 an ordinance of the City of Star, a municipal corporation of the State of Idaho, adopting the latest version of the International Building Code, the International Residential Code, Parts I-IV and IX, and the International Energy Conservation Code; providing for exceptions; providing for severability; repealing conflicting ordinances and providing an effective date, Bell seconded the motion. Roll Call: All aye: motion carried. Ordinance No. 80 Council Meeting Dates, Times and Place - It was moved by Mitchell and seconded by Bell 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. 80 be considered after reading once by title only. Roll Call: All aye – motion carried. Bell moved to adopt and read Ordinance No. 80 an ordinance of the City of Star, Idaho designating the time and place of the regular meetings of the Star City Council; repealing Ordinance No. 34, adopted on February 1, 2000; and providing an effective date, Stegenga seconded the motion. Spence asked if it was required to attend the 6:30 pm pre-Council meeting. Yorgason stated that it was not. 8 Roll Call: All aye; motion carried. Resolution 02-15 Non Discrimination – Mitchell moved to adopt Resolution No. 02-15, Stegenga seconded the motion. Roll Call: All aye; motion carries. Adjournment: Mitchell moved to adjourn the meeting, Bell seconded the motion. All aye: motion carried. The meeting was adjourned at 10:05 pm. Respectfully Submitted: Approved: _____________________ ________________________ Cathy Ward, City Clerk Gail Glasgow, Mayor 9