City Council Regular Meeting

STAR COUNCIL MEETING MINUTES January 21, 2003 PRE-COUNCIL MEETING A pre-council meeting of the Star City Council was held on January 21, 2003 at the Star Fire Station at 6:30 p.m. Mayor Gail Glasgow called the meeting to order. Present: Mitchell, Stegenga, Bell present. Spence arrived later. Council held interviews with Sunrise Engineering, Inc., Keller Associates, Inc., and Earl, Mason & Stanfield, Inc for the position of City Engineer. REGULAR COUNCIL MEETING A regular meeting of the Star City Council was held on January 21, 2003 at the Star Fire Station at 7:30 pm. Mayor Gail Glasgow called the meeting to order and all stood for the Pledge of Allegiance. Roll Call: Spence, Mitchell, Stegenga, Bell – all were present. Approval of Agenda: Bell moved to approve the agenda as presented. Mitchell seconded the motion. All aye: motion carried. CONSENT AGENDA: Mitchell moved to approve the consent agenda with the correction passed out to Council by Councilwoman Spence changing statement on page 4 of “Spence is soliciting funds for commuter Bus” to read “Spence is supporting the grant writing efforts of ValleyRide. Both the Commuter Bus and Treasure Valley Transit will benefit from the grant. All funds will go directly through ValleyRide.” Bell seconded the motion. Stegenga stated this statement is not what was in Councilwomen Spence’s report; nothing was mentioned about grant writing. Spence wants a clarification of what she is doing. Spence, Mitchell, Bell – aye, Stegenga – nay: motion carried. Public Hearings: Friends Church – Conditional Use Permit: The Mayor asked if there had been any exparte’ contact or conflicts of interest with regard to this property. Hearing none he opened the public hearing. The Mayor asked to hear from the applicant. Orville Winters, 11286 W. 3rd Street, Star, Idaho stated the Church plans to develop the property into a park and use existing building to expand Church programs and will make it available to the community. For now the grounds will be cleaned up, existing mobile home will become an office and as funds become available the park will be developed. The Mayor asked for staff report. Sue Hansen, City Planner stated that the conditional use permit application is for an expansion of an existing church. The property is 2.9 acres with an existing revival center to be used for gatherings, and existing mobile home to be used for offices with the rest of property to be developed into a park with a walking path, play area, and possible amphitheater. Parking could be accessory to church parking. Hansen read Council reasons to deny or approve the application. She recommended approval with the following conditions: 1) Eliminate or relocate the amphitheater and walking path from the plan, unless a license agreement is provided by Ada County Highway District; 2) A landscaping plan shall be approved prior to construction; 3) Compliance with ACHD recommendations and policies; 4) Any other conditions that the Council deems appropriate; and 5) Parking plan submitted for approval by Council. The Mayor asked for public testimony. Doug Willis, 11228 2nd Street, Star, Idaho stated the Church property borders his parent’s property and he is the executor. He feels the Church will need high insurance in case someone is hurt, there will be a need for a noise ordinance, and a six to eight foot fence needs to be erected to block his property. Darcy Atkinson, 285 N. Union, Star, Idaho stated she lives across from this property and thinks the idea of a park is awesome, and the landscaping will improve the area. Mitchell asked about a license agreement with ACHD for an amphitheater or will they do away with it. Mr. Winters stated that other projects will take priority and they may reverse the location of the amphitheater and wedding gazebo. Bell asked what type of walking path will go in and again would they get an agreement with ACHD as it is located in their right-of-way. Mr. Winters indicated that the plat is an idea not a finished project. The walking path will at first be gravel and based on usage, feedback and availability of funds may later be paved. Stegenga questioned what provisions are there for restrooms in the facility. Mr. Winters stated there would be public restrooms in the building. Mayor asked if there would be another access onto Star Road. Bruce Mills from ACHD stated he could not comment on road access as he hasn’t reviewed the plan. Mr. Winters stated that as part of the settlement with ACHD on widening Star Road they were allowed an entrance off Star Road. The Mayor stated they would need a letter from ACHD stating they would allow an access to this property off of Star Road. Bruce Mills said it was possible the Church had negotiated a curb cut with ACHD but will have to get a permit for access. Mitchell asked Mr. Winters if he was aware that a conditional use permit expires in a year – are they ready to start. Mr. Winters explained if the conditional use is approved, the existing building would be utilized immediately and there was no timetable for the landscaping or rest of project. Future improvements will be done as funds become available. Stegenga is concerned with paved parking. Mr. Winters explained the Church lot is paved. Mitchell questioned the need for a conditional use permit for this property. Hansen explained Churches require a Conditional Use Permit and this would bring them into compliance with our ordinances. The Mayor added that the proposed park is a non-conforming use and would require a conditional use permit. The Mayor closed the public hearing. The Mayor stated he feels this is a great improvement to the property, he realizes the funding constraints and asked the Council to view it positively, and consider waiving time constraints. Spence agrees this is a good plan and maybe she could point them in a direction of getting funds. Jana Willis, 11228 2nd Street, Star, Idaho expressed concerns about liability, traffic, and how do they as neighbors get to have input into plans. It was explained that this is private property, this public hearing was the time for public input, and the Council could only require what is required in the City Ordinances of the property owners. Bell moved to approve the Conditional Use Permit for the Friends Church, to include staff recommended conditions, plus restroom facilities need to be provided. Stegenga asked if motion included review of parking plan as Hansen indicated. Bell said yes, condition #2 would include landscaping and parking with approval by staff prior to construction. Stegenga seconded motion. Spence asked to amend motion to include it having them present a final master plan to the Council when they have one, but not requiring a public hearing. Bell amended his motion to include condition #5 requiring the applicant to provide a final plan to Council before construction. Stegenga amended his second. Stegenga asked to have in condition #5 “final” changed to a revised plan. Bell amended his motion to change final plan to revised plan before construction in condition #5. Stegenga amended his second. All aye: motion passed. Star Sewer & Water – Conditional Use Permit: There was no representative from the Star Sewer & Water District to give comment. The Mayor asked for staff report. Hansen stated sewer pump stations are listed as a public facility in our Zoning Ordinance and as such requires a Conditional Use Permit. This property is .14 acres and located within the proposed Pinewood Lakes Subdivision. Council was informed the property was posted for only four days, not ten as is required by our Zoning Ordinance or seven days as required by state law. Following discussion on the situation, Chris Yorgason noted no action could be taken on the application without proper posting. Notice was put in the newspaper, notices were mailed to residents within 300 feet, and a sign was posted for four days, if the public wants to testify it would be okay to allow them. The Mayor opened the public hearing and asked for public input. Robert Moore, 4241 N. Cowboy Lane, Star, Idaho stated he felt the Sewer and Water District have flaunted themselves by having no representative present or following proper procedure, but doesn’t feel they should have to incur more expense for a public facility as it is taxpayers money. The Mayor left the public hearing open. Mitchell moved to continue the public hearing to the February 18th Council Meeting and have the Star Sewer and Water District instructed to post signage properly. Bell seconded the motion. All aye – motion passed. New Business: Rockbridge Phase 2 – Final Plat: The Mayor asked the applicant to speak. Jason Densmere, 391 W. State St. Ste E, Eagle, Idaho, representing Olympic Development asked the Council to read a letter that was distributed to the Council regarding clarification of setbacks of revised preliminary plat and PUD for Rockbridge Subdivision. He requested these development standards be for the entire subdivision superceding the city’s development standards at time of phase development. Stegenga and Mitchell stated they felt the Finding of Facts and Conclusion of Law did reflect their intent and they did not want individual subdivision setbacks. Stegenga questioned final plat note 5 stating ten-foot easements when the zoning ordinance requires twelve-foot easements for utilities, and he has concerns regarding the property not yet annexed into the Star Sewer & Water District per standard conditions of approval. Densmer stated he understood the property was in the Sewer & Water District. Stegenga moved to table final plat application for Rockbridge phase two until the City receives confirmation in the form of a judge’s decree that property is in the Star Sewer & Water District. Mitchell seconded motion. Densmer asked if they could secure approval pending court degree of annexation and clarification of setback issues. Mayor stated there is a motion before us and called for roll call. Spence and Mitchell – nay, Stegenga and Bell – aye. Mayor broke tie with nay vote – motion failed. Mitchell moved to approve final plat application with revision of note 5 on plat reflecting a twelve-foot easement on all rear property line and a twelve-foot easement on common interior property lines where utilities are located shall be reserved for utility installation and maintenance. Revision of Note 2 reflecting fifteen-foot rear setbacks and all other setbacks to comply with setback standards of the City of Star at the time of issuing a building permit with condition that all standard conditions shall be met and applicant shall provide legal verification that the property has been annexed into the Star Sewer & Water District prior to the City Engineer signing final plat. Bell seconded motion. Spence – nay, Mitchell, Stegenga, Bell – aye; motion passed. Mitchell requested that a joint meeting with the Star Sewer & Water District be scheduled as soon as possible to settle issues. Star Road Streetlight Discussion: Mayor reviewed letter from Ada County Highway District dated January 2, 2003 regarding streetlights. Stegenga moved to have the Mayor write a letter to Ada County Highway District and Idaho Power letting them know the City is willing to assume responsibility for the monthly power bill for the streetlights ACHD will be installing at the intersections on Star Road from State Street to Floating Feather Road and to request them to remove from the power bill the lights being removed. Mitchell seconded the motion. Roll Call: All aye – motion passed. Land Use Fee Review: Following discussion regarding the updates to the Land Use Fee Schedule it was decided the floodplain development review fee should be $100, the amount of acres made no difference in cost of review. Council approved the new fee schedule to go to public hearing. Street Naming & Addressing Discussion: Discussion was held on the responsibility of address assignment and street naming within the City limits. Assigning street names will stay with County. Stegenga feels our staff can handle assigning address numbers. Mayor recommended having the fire chief and postmistress included in process. Stegenga moved to have the City take over assigning address numbers within the City limits and having the zoning administrator, fire chief and postmistress on committee. Bell seconded motion. All aye – motion passed. Executive Session: Mitchell moved to go into Executive Session under ICS 67-2345(1)(a) Engineer Hiring Consideration. Bell seconded the motion. Roll call: All aye - motion passed. The regular meeting was reconvened. Engineering Decision: Mitchell moved to have the Mayor enter into a contract with Holladay Engineering to have them complete work on Waterview Subdivision, Rockbridge Phase 2, and Saddlebrook Phase 1. Spence seconded the motion. Roll call: All aye – motion passed. Mitchell moved to the table decision on hiring a new City Engineer and schedule a Special Council Meeting for January 27, 2003 at 6:00 p.m., agenda to include executive session and engineering decision. Bell seconded the motion. All aye – motion passed. Adjournment: Mitchell moved to adjourn the meeting. Bell seconded the motion. All aye – motion carried. The meeting was adjourned at 11:40 p.m. Respectfully submitted: Approved: __________________________ _____________________________ Kathleen Hutton, Deputy Clerk Gail Glasgow, Mayor