City Council Regular Meeting

. Star City Council Meeting Minutes May 18, 2004 Call To Order: Mayor Nathan Mitchell called the meeting to order at 7:00 pm and all stood for the Pledge of Allegiance. Roll Call: Councilpersons McDaniel, Erlebach, and Bell were all present. Christopherson was absent. Approval of Agenda: It was moved by Bell to approve the agenda, Erlebach seconded the motion. All aye: motion carried. Consent Agenda: Bell moved to approve the consent Agenda, McDaniel seconded the motion. All aye: motion carried. Presentations: Ada County Prosecutors Office - Ax Yewer, is asking for money to defray costs due to increased costs from increased fines in the Star area. They will be asking for $1200.00 for 2004-05 budget year. (Christopherson arrived) Yewer introduced Scott Bandy from the Magistrates office. Councilman Bell was under the impression that court fees went along with the cost of police enforcement. Both Kuna & Eagle have it separate and are paying separate fees to the Prosecutors Office. Bell stated that he has no problem with it but he believed that all services came with what we are getting. Yewer apologized. He was not notified about the Ada County Sheriff entering into an agreement with the City of Star. Mitchell asked if there were other entities wanting to charge the City of Star? Yewer stated that he doesn't think so. Mitchell doesn't have a problem paying for our fair share, we just don't want anymore surprises. McDaniel asked if this is reevaluated on an annual basis? Yewer stated that it is on a year-to-year basis. Next year we will come to you earlier in the year for budgeting. Yewer stated that this will include everything; investigators, fine enforcement, prosecutors, etc. The Mayor asked where the $1200 figure came from. Bandy, Ada County stated that they have kept records for past years. They have pulled 30 cases and totaled hours of attorneys in court - 18-20 hours at $95 per hour - not full time. He stated that $1200 is fairly conservative. The Mayor asked when payment would be due? Yewer stated that he can draw up contract either way, either direct pay or through the Ada County Sheriffs office. A question from the audience was - where does the fine money go? The distribution of fines is statutory. Erlebach asked where they got their money ifwe don't pay? Bandy stated that we get it from property taxes. Yewer, why did you contract with Sheriff - for enhanced service, this is an additional burden on Ada County. Is there a double taxation - yes. Bell we need to direct back the question to Ada County Sheriffs office the question of all these services and not court fees included in cost. The Mayor stated that it was presented that way and we need to direct back to 1  Under Sheriff Raney. Yewer stated that the Under Sheriff didn't tell them about contracting with Star at all. The Council would like to see a draft contract. Yewer can provide that and will get copies of Eagle and Kuna contracts. Deputy's Report- Deputy Ken Ramage gave his monthly presentation. Mainly speeding tickets were being issued - mainly Canyon and Gem County speeders. The new laser is a good enforcement tool especially for subdivisions. Ramage reviewed the criminal activity - two physical domestic problems, drug activity is for drug and drug warrant. Erlebach asked about speed bumps on Taurus? Ramage stated that it will be up to City Council. Bell asked if it would be advantageous to have a form ticket for speeding tickets? Ramage stated that it would not. Christopherson thanked Ramage, he stated that a lot of people have reported to him that they have been pulled over. The Mayor asked about the radio personality - a DJ received a speeding ticket. McDaniel asked to have Nebula added to speeding watch during the evening going home from work. Old Business: Pristine Meadows Final Plat: Dave McKinnon, Pinnacle Engineers stated that the applicant wants townhouses instead of duplex units. They are in agreement with the staff report and can meet with engineers requirements. Christopherson stated that town houses add the lot lines and believes it is a better product. Staff reported that it provides for home ownership. Ada County Highway District did calculate these as townhouses. No written comments have been submitted. The Engineer had nothing more to add. ) Bell moved to approve the final plat of Phase One of the Pristine Meadows Subdivision, Christopherson seconded the motion. All aye: motion carried. Area of Impact Update: Mitchell discussed the public hearing held at Ada County. The public hearing will be continued on May 2?1h at Ada County Courthouse. The discussion went well. Five of the seven that spoke against the Star application were Eagle City Council members. Public Hearings: The Mayor addressed the procedures of public hearings. The Mayor opened the Public Hearing and asked Council ifthere had been any ex parte contact or conflict of interest. Hearing none, the Mayor asked the applicant to speak. Ingles Preliminary Plat - Applicant, Doug Racine, BRS Architects representing Rick Ingles on preliminary plat application. This property is located south of State Street and west of Sunlight Avenue. Applicant is asking for three lots. Accesses were discussed. ACHD has approved the preliminary plat and they have met with ITD for easements and rights-of-way. They are moving ahead with construction drawings. The Engineer has recommend approval with one condition of working with the irrigation district for drainage. ITD requested nothing be built in the twelve foot right-of-way. They will put in sod and put street trees back. 2  Staff received no written comments. Applicant will be required to submit a more detailed landscape and easement map. The applicant has complied with everything. The Engineer had nothing further to present. Public Testimony- no one signed up. The Mayor closed the public hearing. Deliberation - Christopherson stated that this application is pretty straight forward and complies with our Subdivision Ordinance, he believes it is a great asset and recommends approval. Bell moved to approve the preliminary plat for Ingles Subdivision, with the nine conditions of approval, Erlebach seconded the motion. All aye: motion carried. Ingles Conditional Use Permit-The Mayor declared public hearing open and asked for ex parte contact or conflict of interest from the Council. Hearing none, he asked the applicant to speak. Doug Racine, BRS Engineers, representing Ingles stated that this is an application for a Conditional Use Permit for light manufacturing for production of bath and body products. The area will have a buffer and screen fence surrounding the project. The project will be in two phases. Each phase will be 7200 square feet of building; there will be service drive into property with a landscape buffer. Future developments will be up front. ) Racine showed pictures of buildings. The property is currently zoned RUT and in comp plan it is listed industrial. This seemed compatible to C-1 zone. The Mayor asked how many people will be employed? Ingles stated to start with it will employ fifteen people, and twenty people a year from now. We will need people from Star, the company name is Ingles, Selgni, LLC. Staff - town hall meeting held around 10 people attended - good response. Nice facility - same as Camille Beckman. Low impact for the city - Selgngi, LLC. Everything complies with the ordinance. Bell asked if this is all part of the Conditional Use Permit. The Mayor asked about the reasoning for phasing. Racine stated that as the business builds up then the other half will be built. Christopherson stated that he was confused at how a conditional use permit was required - manufacturing is permitted use. Staff stated that our ordinances do not deal with light industrial. To protect City, we chose to go through this process. No public testimony was given. Linda DiGiorgio, 5085 High Prairie, Star, stated that this was compared to the Camille Beckman building, it is a nice upscale building. Like to see standards raised on this building, what about landscaping? Racine stated that this development will be like the development at Black Eagle - tilled up concrete, it is quite attractive and a lot of landscaping will be done. This building will be set to back of the lot with other types of buildings up front with individual designs. A metal building was suggested but discouraged. 3 Tia Chapman, 4589 High Prairie, Star, asked about the building being concrete, how do they do the colored finished? Racine stated that it was tilled up concrete, cast on ground and finish painted and then stucco was applied. The stucco is colored, it will be earth tone colors. The public hearing was closed and deliberations began. McDaniel stated that this is going to be a great asset and appears to comply with all ordinances and recommended approval. Christopherson moved to approve the requested conditional use permit for light manufacturing for the property located on 11627 Highway 44, in Star with the recommended conditions of 1-2, Bell seconded the motion. Bell stated that Ingles has done a great job, he likes that it is in-house, with a nice looking building, it is a great addition, thank you. You did a very good job and would like to compliment you. All aye: motion carried. Streamview Subdivision Preliminary Plat - The Mayor opened the public hearing and asked the Council if there was any ex parte contact or conflict of interest. Hearing none the applicant was asked to speak. Clint Boyle, Landmark Engineering, 104 9 th Ave. South, stated that there were 47 buildable lots, illustrated, with several common areas, 2/3 of an acre at the front of subdivision and recreational areas and paths for walking. This property was annexed several months back at an R-4 with DA;. The average lot size is 8,900 square feet. The lots adjacent to Franz Witte will be a minimum of 10,000 square feet and a buffer, six lots exceed 10,000 sq. feet. There will be landscaping on both sides of street with an island- it will be a nice project. Applicant has gone through the staff report and agrees with conditions of approval. They have also reviewed the Engineer comments and didn't find any of those adverse. They will address irrigation as construction begins. Christopherson confused on the common lot adjacent to Franz Witte and another one, where is that going off too? Boyle stated that the Middleton Mill canal runs south by Rockbridge then extends to west side and comes in on North side. The pathways are for the cul-de-sacs and odd piece is on the wrong side of canal so it was thrown in as a separate open area. There may be an opportunity in the future for the potential to sell it later on. The project still exceeds open space by 10% without this odd piece, it's running at about 15%. Bell asked if the applicant is proposing the pathways along the canal? Boyle can provide pathways, the irrigation company won't allow it to be asphalt, but it can be graveled. There are no other pathways other than by the canals. Erlebach asked about the pathways? Boyle stated that they could enter into common areas. Erlebach asked who will be maintaining the ditch? Boyle stated that the homeowners will maintain it, they own to the top of the canal. 4  Staff Report - Craig Eckles, Zoning Administrator stated that the Engineer had submitted comments, lot 36 connectivity was discussed. Connectivity comes from cul-de-sacs. Everything complies with our ordinances and ACHD has submitted comments. Engineer, Ross Erickson stated that everything looks good and will be sorting out any bugs as construction begins. Tony ONeil, 1910 Mt. Vista Lane, Star, he believes there is a need to decrease density on smaller parcels of land. He had great visions of grandeur and wanted to develop the property himself. He had people meeting at his house and they wanted larger lots. He believes there will be lots of traffic and be crowded with only one entrance off Plummer with stub to north. Linda DiGiorgio, 5085 N. High Prairie, Star, moved from metropolitan area. You can drive around Star and houses are close together, she is concerned, we can do a little more and keep it beautiful - need to slow down and think about what we're doing. Tia Chapman, 4589 N. High Prairie, Star, she found subdivisions interesting, there is process of age - regarding developments - we need a really good mix and be careful to be compatible. Down the road smaller developments become nothing more than cars and toys. Are there sidewalks? She stated that 10,000 square feet isn't a quarter of an acre, it's to bad they are not at least 1/3 of an acre. Boyle stated that he appreciated comments. Council does need to look at how the City grows. This piece of property has been annexed and zoned and meets the requirement of an R-4 with a DA. Smaller lot sizes allow 7,500 square foot lots and could have ten more lots if it was a straight R4 zoning development. It will be a benefit to Star with several different sizes of lots scattered throughout the subdivision. We have provided large open space and it meets the requirements for approval. We are seeing some larger lots with Fenix Ranchettes. The Mayor closed the public hearing. Christopherson stated that he has read the staff report and heard public testimony and this project goes beyond the requirements of zoning and comply with ordinances and recommends approval. Bell would like to add a condition of approval - to have the pathway connected between the two cul-de-sacs and pathway constructed. Bell moved to approve the Preliminary Plat for Streamview Subdivision with nine conditions of approval, McDaniel seconded the motion. The Mayor explained annexing and zoning and what the agreement states regarding the R4 zoning with a development agreement. Christopherson stated that people are busy and if you can't come to the meeting, submit information to the City Clerk. Everything is available at City Hall. Bell stated we do have people concerned about larger lots. All aye: motion carried. ) 5 Pristine Meadows Conditional Use Permit - The Mayor opened the public hearing and asked the Council for any ex parte contact or conflict of interest. Hearing none, he asked the applicant to speak. Dave McKinnon, Pinnacle Engineers, 12252 Executive Drive, talked about the proposed park, it is about six acres to be developed with grass and irrigation and later dedicated to the City. With the large demand on irrigation, it makes sense to put in an irrigation pond. The new ponds require conditional use permits. The ponds will be responsibility of the homeowners association and will be 1.3 acre in size. There is a new park at McMillan and Eagle has that is the same size pond. Meridian has a similar size pond which has been approved. There are concerns with liability to the City. Section 36 of Idaho Code encourages providing open space and immunity from prosecution as long as no fees are charged. The developer would put in a soft path around pond and the pump station will be located just off site of the park in a small housed area. It will provide water out of the pond for the rest of the park and subdivision. They are looking for approval of a pond 18 feet deep, with gradual slope - 2 to 1 ratio. The area excavated will be put in and used as fill. There is a concern in the conditions of approval regarding the Fire Department would like to have drills. McKinnon reminded the Council that there is no parking at the park, but ample off street parking, it is a concern. Bell stated that the pond is 1.4 acres, obviously the pump station is only for park or other lots for pressurized irrigation, he asked if this will be the only irrigation. McKinnon, sated that it is for the entire park. Bell asked where the irrigation came from originally? McKinnon stated that it was coming from the west side. Bell asked if it will be gravity flow and if it will be stocked with fish? The Mayor stated that there will be an irrigation problem if not owned by City. This is the same system as Blake Park and he has a problem with it being tied to Homeowners Association. Bell stated that if we're going to irrigate entire property there is a problem with the City owning it. McKennon stated that the pump station can be separated off the park. Maybe a separate pump station rather than single pump which could be housed in the same pump house. Erlebach asked about the other ponds, are they water amenities for subdivision and are they permanent. Pond water will drop in winter. The Mayor asked about the water source being the Flake Ditch - there still needs to be some engineering. Oliver Cleaver, 1790 W Spanish Drive Bay, Eagle, this is ground water and there will be fluctuation. There have been issues with the Crews' regarding the property. The way the process is worked out is he will buy property from them for the next four years. The Mayor is concerned if irrigation is from the Flake, he doesn't think we can use pressurized irrigation. 6 Chris Yorgason, Legal Counsel stated that the City will need to know where water is coming from for park and it will require a permit-whether it's ground water or irrigation. The Engineer stated that they will have to mitigate and recharge ground water - it is a long process. Christopherson asked at what phase does the park get dedicated - no sooner than five years or at build out - year 2007. Staff has received no written comments, ponds are approved through platting process. The previous Engineer - Holladay address approved ACHD original standards for parking on both sides of the streets - no parking at the park was required. Actually the landscaping is limited. The Mayor stated that the park is to be sodded or seeded, and irrigation installed. Development beyond grass would be City's responsibility. Parking on streets, the well house is different and can be lotted out. An agreement can be made to do this irrigation. The Engineer nothing to add. Eckles explained the Fire Drill and the larger ponds. The Fire Department would like to work with the homeowners association regarding ponds and drills. Dennis Stegenga, 290 S. Star Road, Star stated that the Water Resources Board require permits if a pond is put in. The Council should put a condition on before proceeding or table until we can find out if he can proceed due the pond permit. Look into it. Recommend the City get the water rights when the park comes to the City. The applicant has no objections to the condition of approval or with the condition of water rights being transferred to City. Obtaining water rights can be difficult - cart before the horse. They have to be secured. They have no problem with participating in the fire drills. The Mayor asked to clarify the Conditions of approval - 8 is the transfer of park to City at build out or no sooner than build out. Staff stated that regarding the water rights as a condition of approval, notice was sent to IDWR and Fish and Game on this application. The Mayor closed the public hearing. Bell has no problem ifwe get the conditions in there with regard to water rights and shares and have our own pump in the pumping station - somehow we need to separate that. Great amenity for City and subdivision. Additional conditions should be transfer the park to City along with water rights and a separate pumping facility. Property rights with regard to water rights - through IDWR permits. It can be done, but time consuming. Pump - separate controls - staff can bring something back to us. Bell moved that we approve the Conditional Use Permit for a pond for Pristine Meadows with the addition of the three conditions. The total conditions be six: four - water rights 7  , obtained, five - water rights be transferred from irrigation to ground, and six - pump ) station be mutually agreed to. Yorgason stated that number four deals with property water rights, five is when park is dedicated that proportional water rights come to the City and six mechanics of pump be mutually agreed to, Christopherson seconded the motion. All aye: motion carried. Don Giles Annexation & Zoning deferred to July 6th. Christopherson moved to defer Giles application to July 61\ McDaniel seconded the motion. Staff reported that Mr. Giles is in the process of a LOMR with Ada County and would like to finish it with Ada County first. All aye: motion carried. New Business: Transportation Committee request for $100 to paint curbs. Christopherson moved to approve, Bell seconded. The Mayor discussed seeing it go out to a professional service. Additional curbs are to be done. Bell stated that the Committee should handle it. All aye: motion carries. Adjournment: Bell moved to adjourn the meeting, McDaniel seconded the motion. All aye: motion carried. The meeting was adjourned at 9:14 pm. Respectfully submitted: Approved: Jditnl Nathan Mitchell, Mayor 8