City Council Regular Meeting

City of Star Council Meeting Minutes May 4, 2004 Pre Council Meeting: COMPASS Presentation regarding Transportation. Patricia Nilsson discussed the transportation improvement program. A study will be done on the State Highway 44 Corridor Plan. Call To Order: Mayor Nathan Mitchell called the meeting to order and all stood for the Pledge of Allegiance. Roll Call: Council Tammy McDaniel, Dustin Christopherson, Tom Erlebach and Chad Bell were all present. Approval of Agenda: The agenda was amended adding 3-E Special Meeting Minutes. Christopherson moved to approve the agenda as amended. Bell seconded the motion. All aye: motion carried. Consent Agenda: It was moved by Bell, and seconded by Christopherson to approve the Consent Agenda. Legal Counsel, Chris Yorgason stated that there were some corrections to the Findings of Fact for Meadowbrook application. The Meadowbrook representatives name is misspelled. In paragraph ten, Mr. Glasgow & Mr. Wheelock were neutral on public comments for Meadowbrook II, and Mr. Stegenga and Mr. Lymam were neutral on the Anita Fenix application. Mr. Joe Russell did testify in favor of the Asin/Moody application. All aye: motion carried. Public Input: Jeanine Nail, 1011 S. Star Road, Star, Idaho -The Business Development Group is coming together. Business Appreciation Day is June 5th. The group has held two meetings - 12 booths will be at the Community Center. Eighteen companies have advertised in the Valley Times and The Star. Old Business: Computer Update - Five proposals were presented to the Council. Christopherson stated that Willow Tree, which is the higher estimate received, is the only one that will allow us to make the updates. Requirements were all the same - to redesign the website with contact page, fact page, City page, business directory, events, items from City, and history. All are qualified to do the work. Erlebach asked if they all have a monthly fee. Christopherson stated that there are a couple that have a maintenance fee, we can post wherever we want. One has a monthly fee which is an update fee. Bell asked which one is the best proposal? Christopherson stated that he believes it would be Willow Tree. 1 McDaniel asked if the web developer would prevent us from putting information on the site. Christopherson stated that they will all do it. All these companies are ready to make presentations to the Council. Yorgason reminded Council that if we get past $5,000 in cost, we are required to get quotes. Bell moved to table this for consideration in next year's budget and fix the computers at City Hall this year, McDaniel seconded the motion. All aye: motion carried. Meadowbrook II Reconsideration: Staff Report- Eckles stated that the applicant would like to have the Council reconsider their decision. Eckles asked Yorgason to review procedure with Council for this. Yorgason stated that after the Council decision regarding this application, Mr. Boyle asked what the procedures were to have this reconsidered - our ordinances don't specify any procedures. Mr. Boyle submitted a letter and proposed three options. Council should determine if they will reconsider their decision only. If reconsidered, it will not have to be resubmitted but it will have to go through the regular public hearing process as if it were new, minus any fees. Normally, if you want to reconsider, the council member making the motion must have voted in favor of the motion being reconsidered. Yorgason stated that the applicant's request has met all the requirements for reconsideration. Christopherson asked if the applicant will be required to follow the R-3 zone. The Mayor stated that he has the choice to resubmit the preliminary plat or not. The Mayor stated that the decision is to either let it stand or make him go back through a public hearing process. Bell moved to reconsider the decision on Meadowbrook Subdivision Phase II, Christopherson seconded the motion. All aye: motion carried. Ordinances & Resolutions: Staff Report - Eckles stated that we were waiting for Area of Impact Ordinances: clarification on the legal description, we did receive the maps. The information on the Ordinances is in your packet. It was moved by Bell and seconded by McDaniel 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. 103 be considered after reading once by title only. Roll Call: McDaniel, Christopherson, Erlebach, Bell all aye: motion carried. Bell moved to approve an Ordinance amending Ordinance No. 46 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, amended Star Area of City Impact and Star Referral Area; providing for annexation of property outside the amended Star Area of City Impact as provided by Section 50-222, Idaho Code, providing for the processing of land use applications within the Star Area of City Impact, amended Star Area of City Impact and the Star Referral Area; providing for related matters; and providing for an effective 2  date. Christopherson seconded the motion. Yorgason stated that in Section 2, subparagraph - Area of Star's Impact, paragraph three should state review not approval. Bell and Christopherson amended their motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell - all aye: motion carried. Bell moved 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. 103 be considered after reading once by title only, Christopherson seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach, Bell all aye: motion carried. McDaniel moved to approve an Ordinance amending Ordinance No. 63 of the City of Star, Idaho, adopting, pursuant to Section 67-6526, Idaho Code, an amended map identifying the Star Area of city Impact, amended Star Area of city Impact and Star Referral Area within the unincorporated Area of Ada County, Idaho; and providing for an effective date, Bell seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach, Bell all aye: motion carried. Public Hearings: Rick Williams/Don Giles - Annex & Zone: Christopherson moved to defer the annexation of property on Corriander to the May 18, 2004 meeting, McDaniel seconded the motion. All aye: motion carried. Jan Gold, 1007 S. Star Road, Star, Idaho asked how this annexation would affect ) surrounding properties. The Council stated that there would be no affect. Rockbridge Rezone & Comp Plan Map Amendment: McDaniel moved to defer this application to the July 6, 2004 meeting, Erlebach seconded the motion. Meloni Miles, Star, Idaho asked if the meeting date could be moved due to the holiday. We cannot move the meeting due to a holiday. Yorgason stated that the City does not have any legal means to force the applicant show to make his presentation. Rose Ault 247 N Baldy, Star, Idaho asked ifwe can we defer the meeting. If not, why is the applicant allowed to defer the presentation. Eckles stated that the last meeting was deferred as Mr. Roylance could not attend the meeting. This deferment is so that Mr. Roylance can hold a meeting with the Rockbridge Homeowners Association regarding the application. Motion - all aye: motion carried. Parking Ordinance 101/ Fee Resolution 2004-04 -The Mayor opened the public hearing for the Parking Ordinance and Fee Resolution. No comments were received for this public hearing. The Mayor stated that it was a pretty standard Ordinance. Fees range from $15 to $35.00. 3 Jeanine Nail, 1011 S. Star Road, Star, Idaho asked which property it covers. The Mayor stated that it covers all property in the City Limits of Star. The Mayor closed the public hearing. Christopherson stated the ordinance has everything we talked about and think we should approve this. The Mayor stated that Section 7 the "No parking on public property" is the only addition. Erlebach asked about moving a vehicle regarding 72 hours. This means the vehicle will have to be moved and once it is moved the clock starts over. Christopherson moved 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. 101 Parking Ordinance be considered after reading once by title only, Bell seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach, Bell all aye: motion carried. Bell moved to approve Ordinance 101 an Ordinance of the City of Star, Idaho providing for parking regulations within the corporate limits of Star; providing definitions; providing for manner of parking; regulating parking for disabled persons; prohibiting parking in specified places; prohibiting extended parking; regulating unattended vehicles; regulating parking of trucks; providing for enforcement of violations; providing for penalties; and providing for an effective date, McDaniel seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell - all aye: motion carries. Christopherson moved to approve Resolution 2004-04, a Resolution of the City of Star, Idaho, establishing a schedule of fees for parking violations; and providing for an effective date, McDaniel seconded the motion. Erlebach asked when this goes into effect. It will be in effect upon publication. Roll Call: McDaniel, Christopherson, Erlebach and Bell - all aye: motion carries. Subdivision Ordinance Amendment: The amendments to the Subdivision Ordinance are clean up items and to have all ordinances comply with each other. Eckles stated that he and the Engineer made the corrections. The following are the changes made: page 12 - subdivision minor, definition change 10 lots or less; page 14 refers to Preliminary Plat #2 street dedication; page 15 technical changes; same 16 labels; 19 copies, clarification; page 20 same type of correction; same change on page 22 more pages; page 31 easements A - ten foot easement and 11.5; same change on page 32; page 33 open space - drainage fields cannot be more than 50% of open space; page 35 sidewalks gives Council some more choices, alternate walkways; page 39 guarantee of improvements handled in house and bonding at 120% instead of 150%. Easement widths, open space and bonding requirements are only technical changes. Yorgason made recommendations for minor changes for clarification purposes. 4 June Russell, 1056 Gloxinia, Star, Idaho, stated that she went and saw a subdivision with the new swales. It is not possible to get a lawn mower in the swale. Randy Lane, ACHD Representative worked with Star on the swale issues. The problem Russell is talking about is in Sedona Creek. The Mayor closed the public hearing. Bell stated that he is concerned with drainage and open space. He would like to address open space and drainage, he'd like to see open space become a bigger percentage. We just can't call drainage swales open space. McDaniel asked if open space is alternative to swales. Mayor stated that right now 100% of drainage swale is calculated as open space - this amendment would change that. Christopherson bonding is great at 120%, he believes that 150% is to high. Preliminary Plat on page 16 - 3-D clarification. Does the applicant come up with the labels? He believes that the City should be responsible. Yorgason stated that if something is amiss with the labels, it could be liable. If the burden to provide adequate notice is on the applicant, the City is not liable. We don't have liability now. Christopherson appreciates open space 50% minimum. Maybe we can expand to include a section on drainage at a later date. McDaniel moved 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 the Subdivision Ordinance Amendment be considered after reading once by title only, Christopherson seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell - all aye: motion carries. Christopherson moved to approve the Subdivision Ordinance Amendment, an Ordinance of the City of Star, Idaho, amending the City's Subdivision Ordinance as follows: amending Ordinance No. 40, amending section 1-6 rules and definitions; amending section 2-3 preliminary plat; amending section 2-4 final plat; section 3-5 easements; amending section 4-1-6 sidewalks and pedestrian walkways; amending 4-2-2 guarantee of improvements; to make technical corrections; providing for other amendments and corrections; and providing an effective date, Bell seconded the motion. Christopherson withdrew his motion, Bell withdrew his second. McDaniel moved 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 Subdivision Ordinance Amendment be considered after reading once by title only, Bell seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell - all aye; motion carried. Christopherson moved to approve the Subdivision Ordinance Amendment, an Ordinance of the City of Star, Idaho, amending the City's Subdivision Ordinance as follows: amending Ordinance No. 40, amending section 1-6 rules and definitions; amending section 2-3 preliminary plat; amending section 2-4 final plat; section 3-5 easements; amending section 4-1-6 sidewalks and pedestrian walkways; amending 4-2-2 guarantee of improvements; to make technical corrections; providing for other amendments and 5 corrections; and providing an effective date, Bell seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach, Bell - all aye: motion carried. Reports - Legal Counsel/Clerk/Zoning Administrator Bell - Park is at a halt due to irrigation problems, fence bid awarded, and they are getting ready to install, they are still working on grading problems, curb installation has started, meetings will start regarding irrigation. The City needs to sign the agreement with the Developer. Bell thanked staff for work on the Subdivision Ordinance. Erlebach - nothing to report. Christopherson - Attended AIC workshop regarding land use. McDaniel - nothing to report, just reading and reading. Mayor - update on computers. Shawn Trent has been working on the computers. The Mayor read the items accomplished. The Mayor updated everyone on the Area of Impact, we were rescheduled for the May 13th meeting with Planning & Zoning. Meeting set for May 10th at 6:00 pm. Regarding parks, the Church property may be leased to the City, we are working on an agreement. The Mayor attended the Boise Metro Chamber Conference in Sun Valley. The Mayors and ACHD have signed an agreement to deal with land use and transportation issues. Work being done - thank you to staff. Adjournment: It was moved by Bell and seconded by Erlebach to adjourn the meeting. The meeting was adjourned at 8:45 pm. Respectfully submitted: Approved: :JJL'4ti( Nathan Mitchell, Mayor 6