City Council Regular Meeting

Minutes ) Star City Council November 16, 2004 A regular meeting of the Star City Council was held on November 16, 2004 at the Star Fire Station, with Pre-Council meeting starting at 6:30 pm and the regular meeting starting at 7:00 pm. PRE-COUNCIL MEETING: Mayor Nathan Mitchell called the pre-council meeting to order. Zoning Administrator Craig Eckles reviewed the draft of the Noise Ordinance. The current Ordinance creates some enforcement issues. Deputy Ken Ramage stated he felt the hours between 10:00 pm and 7:00 am were reasonable and enforceable. These were the hours the County has and they have no problem enforcing. Discussion included the issue of noise so late or early disturbing neighbors and different hours for homeowner projects and new construction. It was decided hours must be consistent, same for homeowners as for contractors. Mayor instructed staff to publish ordinance as proposed and see what public's wish is regarding hours at the public hearing. Deputy Ken Ramage gave his report on the past month's law enforcement activities. Mayor asked how hours for Rod and Ken were working. Deputy Ramage stated they rotated hours and seemed to be working well. Mayor closed Pre-Council Meeting REGULAR MEETING: Mayor Nathan Mitchell called the meeting to order and all stood for the Pledge of Allegiance. Roll Call: Council persons McDaniel, Christopherson, Erlebach, and Bell were all present. Approval of Agenda: Motion by Bell to approve the agenda with the addition of 4A. Public Input to include Quest presentation, 6D. Discussion regarding bids for park sprinklers, and 7C. Idaho Humane Society Agreement. Motion seconded by Christopherson. All aye: motion carried. Consent Agenda: Christopherson moved to approve the Consent Agenda, McDaniel seconded the motion. All aye: motion carried. The Consent Agenda consisted of: Approval of October 19, 2004 Special Meeting Minutes and Claims Against the City October 2004 (final). ) 1 .' PUBLIC INPUT: Sherry Davis, DSL Sales Manager for Qwest announced Qwest has brought high speed internet service to the City of Star. Service is throughout the city limits and north of town into Hillsdale Estates. She left information brochures for citizens. Law Enforcement Report was presented during pre-council meeting as Deputy Ramage had calls to make. Mayor Mitchell made a presentation to Violet Blake of a framed photo for being Mule Days Grand Marshall in 2004. There were no comments from the public. PUBLIC HEARING: Flood Plain Zoning Ordinance Amendment - The Mayor reviewed procedures for the public hearing process, he then asked the Council for any ex parte communications or conflict of interest. Hearing none, the Mayor opened the public hearing. Katie Hackney and Dustin Hackney representing for Country Time Land Company requested an amendment removing the no net loss requirement from the Flood Plain Ordinance. The current no net loss requirement creates situations in which there is not enough land to build and meet the no net loss. The current ordinance allows them the use of only a portion of their ground which is stopping their chances for development. They are asking the Council to revisit the no net loss clause in the Flood Plain Ordinance. Staff - Eckles read into the record a letter from Paul Kunz, National flood Plain Engineer, regarding the massive amount of water it takes before rivers peak and flood. The no net loss provision would not prohibit a flood but only temporarily delay it. Eckles reminded the Council that Ada County is working on an Ordinance that will have a minimum requirement of four lots per acre. In Council packets are letters from Scott Vanhoff, IDWR, and Justin Walker, City Engineer, with comments regarding no net loss impact to the City. Mayor Mitchell stated the question before us is whether we want to enforce no net loss or remove it. Mayor Mitchell asked for public input. Dennis Stegenga, 290 S. Star Road, Star, stated he is neutral on the issue. Can build in the flood plain if they build up area with fill. Does not feel we should unilaterally remove no net loss so they are allowed to build into flood way. If subdivisions are allowed to bring in fill it will cause water to flood their neighbor downriver. 2  Ron Bath - 1729 Whitby Lane, Eagle, stated he has built around 280 lots in the flood plain and would never consider building in the flood way. Building in the flood plain is allowed by FEMA. The no net loss requirement creates prohitable situations for development and increased cost to builder. No Net loss forces water onto neighbor's property. (He drew an illustration to show his point.) Becky McKay with Engineering Solutions, 150 E. Aikens, Ste. B, Boise, is currently working with the City Engineer to meet no net loss on a development in the City. Due to the base level of water, ponds can only have so much depth for holding water and therefore it takes a lot of ground to meet no net loss requirement. Paul Kunz criticized the no net loss policy saying it hasn't worked well. No net loss might work if it was county wide, but does not for just a small city alone. She also stated she would never encroach building in the flood way. Heidi Carlson, 960 S. Main, Star, esthetically wondering about all the open ponds. Wonders if little ponds really defer water during a flood. Lloyd Gerber, 3420 Shadow Hill Dr., Eagle, can see problems this has created: hazardous to children and increased mosquitoes. During a flood ponds will fill up and it will not affect much. It is a long time for a hole not being productive. We can not be the only ones controlling water- it must be done regionally. Sandy Johnson, 11650 New Hope Road, Star, is here to support the change in the flood ) plain ordinance, it is difficult to build under. A lot of agencies don't like holes in the ground. The river can be the heart of a city - tend to build along rivers. Has seen the Council waffling on enforcing the current ordinance. If the Council will clean up the ordinance it will be able to stick by it. Staff-Eckles touched on the affects downriver. In Blaine County they found out no net loss only caused a delay in flooding. The City currently does not participate in the FEMA CSR program; would like to see the City do so in the future. City Hall deals daily with no net loss criteria, developers wanting to know how much land they will use up with no net loss. Would be willing to prepare an ordinance for next meeting if Council so directs. The Mayor closed the public hearing. Bell questioned whether are we looking at removing no net loss clause for the flood way and not the flood plain. Mayor stated we are looking at removing from everything. Bell feels storage not very effective due to our water level. Has no problem removing no net loss portion from the ordinance for the flood plain. 3 Christopherson stated after reviewing both engineers' letters he felt the pond only delays the flooding and feels Council should remove no net loss from the flood plain ordinance. Christopherson moved to approve FL.P-ZOA-05-07 requesting flood plain zoning ordinance amendment, McDaniel seconded the motion. Bell stated motion should direct staff to write an ordinance. Christopherson amended his motion to direct staff to write an ordinance for the next Council meeting, McDaniel seconded the amended motion. All aye: motion carried. Annexation & Zoning - Landmark Engineering - The Mayor reviewed procedure for the public hearing process, he then asked the Council for any ex parte communications or conflict of interest. Hearing none, the Mayor opened the public hearing. Clint Boyle, Landmark Engineering, 104 9 th Avenue S., Nampa- is requesting annexation of approximately 50 acres north of town and requesting it be zoned R-4. Property is outside the City's existing Area oflmpact and has no current designation; property is surrounded by medium density. Feels this project will be beneficial to the City. Star Sewer & Water District is striving for higher density to fund lines. He requests approval for proposed annexation and zoning. Staff-Eckles stated he has received no written correspondence, posting of property was done and all fees are paid. Ordinance 45 did not include the land; oversight was attempted to be cleaned up with Ordinance 63 but not accepted by the County due to a meets and bounds description glitch; County not worried as most of the property is now annexed and will be included in the City's next area of impact map amendment. Mayor asked for public input. John Stubblefield stated he felt Clint Boyle had said everything that needed to be said. John Gray, 158 N. CanAda, Star, is opposed to R-4 zoning. R-4 does not give the area a rural environment; believes other developments surrounding are R-3. CanAda Road can not handle the increase traffic. He feels lower the density the better. Clint Boyle stated the City recently adopted a new Comp Plan designating the area north of this development as medium density. More density within the City limits allows lower density outside the limits. Feels the density makes sense as the City is projecting medium density for the area in the proposed Comp Plan. Applicant requests approval for annexation with R-4 density. Mayor asked if there were any more questions for the applicant or staff. Hearing none the Mayor closed the public hearing and opened for discussion. Bell stated he would like to see R-3 density as the subdivisions around it are R-3 and R-2. He has no problem with annexation. 4 Christopherson felt because the property is not on the Comp Plan Map or in the City's area of impact it should be zoned R-3. McDaniel felt it should be consistent with the surrounding area and be zoned R-3. Erlebach agrees that we need to stay with a rural feel with an R-3 zoning and we need to be consistent. Christopherson asked if it is legal to change designation from what applicant requests. Chris Yorgason, Attorney for the City, pointed out there are two different issues before the Council - annexation and zoning. Without the applicants consent they can not approve with a lesser density then requested. The Council can approve the application as presented, approve with a reduced density if applicant agrees or can postpone for renegotiating. Eckles stated applicant is asking for R-4 due to some of the conditions surrounding the area. City Hall was notified there is a 180 home development going in west of CanAda Road with a higher density. Due to low ground along CanAda Road sewer lines become an issue, causing considerable ground to become unusable. Applicant would concede to an R-4 zone, not to exceed 3 units with a Development Agreement. Mayor pointed out we are seeing R-4 because of lot sizes, usually develop having 3 units but with smaller lots. With a PUD he gets more density. Eckles pointed out the Freilick Study wants more density. McDaniel asked if she was correct in understanding that with an R-4 usually see 3.2 to 3.5 units and with R-3 approximately 2.8. Mayor Mitchell stated yes and pointed out there is less common lot space in an R-3 than an R-4. Developers have more options with a zoning ofR-4 than R-3. Christopherson noted with an R-4 there is more open space outside of the lot whereas R-3 has more space on the lot. Christopherson moved to approve the annexation request, McDaniel seconded the motion. All aye; motion carried. Christopherson moved to approve zoning to R-4 with a Development Agreement of up to 3 dwelling units and allowing the option for a PUD request, Bell seconded the motion. Bell clarified he feels density further out should be less; maybe look at changing lot sizes since we are always dealing with this issue. 5 Mayor Mitchell stated because of the complexity of the R-4 and R-3 we need to address the lot sizes in the Zoning Ordinance. Asked applicant if he is consenting to the motion; Clint Boyle stated yes. All aye; motion carried. Vacation - Unopened p01iion of 2nd Street - Mayor stated the process for public hearing same as before and declared public hearing open for file #VAC-04-24. He asked the Council if there was any ex parte communications or conflict of interest. Hearing none, the Mayor asked the applicant to speak. Claude Schubert, 435 Moon Valley Road, Eagle, representing the Star Christian Church stated he is asking for a vacation of a portion of an ACHD right-of-way on 2nd Street. As a condition for their conditional use the City required the Church to obtain a vacation or a license agreement from ACHD prior to occupancy. One of the conditions of a license agreement with ACHD requires the City to approve the vacation. The Church has entered into an agreement with ACHD for a perpetual park and ride lot in exchange for the vacated right-of-way. There were no questions of the applicant. Staff- Eckles received a letter of approval to the vacating from William Kirtley, Jr. Had received back the City's notice for pubic hearing mailed to Judy Kramer. The Council has approved a conditional use permit for the building of a new Church building with this condition prior to issuing a certificate of occupancy. ACHD has moved forward and recorded the license agreement and needs the City's approval for vacation. Mayor asked for public input. Phil McCune, 221 N. Union, Star stated he was familiar with the easement. Wished to state he is in favor of the abandonment because it will be beneficial as it will allow a park spot for kids. The easement will not be built on. The east corridor will allow easy traffic flow. Judy Kramer, 173 N. Popular, Star, stated she doesn't want easement for the Church to have access to their property. The easement is not currently being used and she is using it for storage. Feels part of it should go to her, not all of the property to the Church. Mayor pointed out the property being vacated is ACHD's and has not been abandoned. Judy Kramer stated she feels this is an alley and has always gotten alleys added to her property when abandoned. Thought was already vacated because was never used. Forty- five feet by fifty-five feet of easement butts up against her. Hearing no further questions for applicant or staff Mayor declared public hearing closed. 6  Bell stated ACHD has already agreed to the easement agreement. ) Bell moved to approve file #VAC-04-24 to vacate a portion of ACHD right-of-way, Erlebach seconded the motion. All aye; motion carried. Variance - Sign Lighting - Mayor stated the process for public hearing same as before and declared public hearing open for file #Var.-04-08. He asked the Council ifthere was any ex parte communications or conflict of interest. Hearing none, the Mayor asked the applicant to speak. Claude Schubert, 4312 Moon Valley Road, Eagle, asked that the Star Christian Church be granted a variance allowing them to reinstall a sign that has long needed to be redone. The sign would be lighted and City guidelines require a variance for lighted signs in a residential district. The sign will enhance the property and would indicate ACHD's Park & Ride Lot at night. Bell asked if sign is lit from the interior and was it florescent. Mr. Schubert stated yes. Staff - Eckles reiterated the sign has a florescent lamp and after the new Church building is built and the old building removed the sign would stay in place. Tom asked ifwe could control the wattage. Eckles stated yes they could stipulate the wattage and it must meet ACHD Highway vision standards. There was no input from the public Hearing no further questions for applicant or staff Mayor declared public hearing closed. Christopherson stated he had a problem with this being a variance- under Section 9.4.2 of the zoning ordinance a variance should not be granted as a condition of convenience, it must be for a hardship. Mayor stated there was nothing in place when the Church was built; if built today sign would be addressed then and not need a variance. Bell stated there is a hardship situation because the only way they can get the sign is with a variance - residential built up around them. Mayor pointed out lighted signs can be for public safety. The guideline is not intended to prevent light in residential district but to try and separate residential from commercial. 7  Chris Yorgason, City Attorney, pointed out the Council must decide if they meet the four ) standards listed in staff report in determining a hardship to grant the variance. They can also find other reasons. Christopherson stated he doesn't see a financial hardship relationship. Yorgason replied a hardship does not have to be financial. Mayor stated the hardship was created when we became a City and have our ordinances forced on them. McDaniel feels because they had to take their sign down for ACHD road improvements and the Church parking lot will be an ACHD Park and Ride Lot that the sign will be a benefit to all. McDaniel moved to approve File #Var.-04-06 the allowance of an internally lighted sign in an R-4 residential district with staff recommended conditions 1-3, Bell seconded the motion. All aye: motion carried. OLD BUSINESS: Adoption of Community Enhancement Projects - Mayor stated ACHD needed an official adoption of the ranking for the community enhancement project. ) Bell clarified this is for curb, gutter and sidewalk improvements. Eckles informed the Council that project 2 had 100% approval from the community and project 1 had 90% approval. Mayor Mitchell asked Dennis Stegenga how the Transportation Committee did the ranking. Stegenga stated they ranked based what they felt was the best need from their general discussions. Bell stated he knew Third Street was getting a lot of foot traffic due to Saddlebrook Subdivision. Feels Third Street should have top priority. Erlebeck asked if sidewalk will connect at the Church. Bell replied yes and will connect to the sidewalk in front of his house. Bell moved to approve recommended ranking of the Transportation Committee for the Community Enhancement Projects, Christopherson seconded the motion. All aye: motion carried. Eckles congratulated the City on being approved for its first project since it incorporated. 8  Area of Impact Update - Mayor informed the Council he attended the town hall meeting in Eagle put on by the Ada County Commissioner on November 15th. No one spoke against the Star proposal. The only comments supporting Eagle's proposal came from the Eagle Mayor and Council and several City residents. No one from the proposed impacted area supported Eagle. The County's line for delaying a decision is they want to treat both sides equally, but their meeting was handled differently from the one held in Star. Future meetings scheduled: December 14 - County Commissioners to meet with Star Council at the Senior Center, December 16 - County Commissioners to meet with Eagle Council, December 20 - County Commissioners will meet to discuss both proposals. Informed the Council the Quarter Circle Ranch is being annexed into the City of Eagle, and feels the AOI line could be drawn around it. Ada County staff mistakenly told Eagle Staff the City of Star had withdrawn their application. Ada County is sending out an apology letter stating what happened. The Mayor commented that he saw someone from Moore, Smith, Buxton and Turcke at the Eagle meeting and felt it was inappropriate and he was frnstrated as they had stated they would not be representing either city regarding the Area of Impact. Chris Yorgason stated staff was present only to answer water issue questions; they were not there representing the firm to give advice on the Area of Impact. Bob Moore stated he had been at the meeting and appreciated Mary Taylor's comments "the only ones speaking in favor of Eagle were Eagle city staff and city residents. Those speaking favorably for Star were from the area affected." \ Animal Control Fee Resolution - Christopherson moved to approve Resolution 2004-11 A resolution of the City of Star, Idaho, establishing a schedule of fees for licensing of dogs; fees for kennels and catteries; fines for enforcement of the animal control ordinance; and providing for an effective date; Bell seconded the motion. Roll call: McDaniel, Christopherson, Erlebach and Bell - all aye: motion carried. Bids For Sprinklers- Mayor stated we had received two bids from contractors with public works licenses: Olson & Sons and Landscape Innovations. We can either accept the low bid or reject all bids and go out for more bids. Erlebach feels due to time constraints we should approve one of these bids. Bell informed the Council he had worked out the specs with the City engineer and bids are based on these specs. Landscape Innovation is the low bid. Contract needs to be awarded as funding was allocated out of last year's budget and weather may soon be an issue. Bell announced to the Council the City had been notified it was being awarded a $15,000.00 grant from Community Forestry, Idaho Department of Lands for trees for Blake Haven Park. A written notification will be forthcoming. He expressed his appreciation to City Clerk, Cathy Ward, for her efforts on the grant. 9 Erlebach moved to award sprinkler bid to Landscape Innovations in the amount of $15,295.00, McDaniel seconded the motion. All aye: motion carried. NEW BUSINESS: Waiver of Variance Fee-Christopherson moved to approve the waiver of $500.00 variance application fee for the Star Christian Church, Bell seconded the motion. All aye: motion carried. Dog Licensing Fee/Draft Agreement - Chris Yorgason stated the ordinance has provisions for licensing dogs. The question is who we want to be doing the licensing; The Idaho Humane Society, the City and/or local veterinarians. The first decision needing to be made is whether they want local veterinarians to be allowed to do the licensing. Along that line he had drafted a proposed agreement that explained duties, they would not be a City employee, this is a one year contract, and records become City property. The Mayor asked if the Council wants to give local veterinarians the opportunity to participate. All indicated yes. The Mayor asked do we want to compensate them. All indicated yes. The Mayor and Bell both feel the 20% of revenue generated from sale of licenses indicated in draft agreement is sufficient. Erlebach asked if the Humane Society is the same. Mayor explained there is a separate agreement with the veterinarians and the Humane Society. Chris Yorgason explained the Humane Society does not get more for licensing; it is part of their annual contract fee. McDaniel asked about licensing dangerous dogs. Yorgason explained all dangerous dogs would be licensed through the Humane Society according to the Ordinance. McDaniel felt a flat fee for issuance of license best, with other Councilmen agreeing. Mayor Mitchell gave legal Council direction to redraft fee to veterinarians at a $3.00 flat fee for each license issued. Mayor Mitchell asked attorney why a one year contract and not a 30 day termination notice. Yorgason stated he could add a sentence stating contract automatically renewed unless terminated within 30 days. The Mayor instructed him to add the clause. Idaho Humane Society Agreement - The Mayor pointed out they have the contract for the Idaho Humane Society in front of them and he is asking permission to sign it. We will be paying them $6,000.00 this year for animal control, paying in twelve monthly installments and contract lays out what authority they have. Motion by Bell to approve the contract between The Idaho Humane Society and the City of Star and authorizing the Mayor to sign, Erlebach seconded the motion. Roll call: McDaniel, Christopherson, Erlebach and Bell - all aye: motion carried. 10  SPECIAL REPORTS: Christopherson asked for approval to spend $4,950.00 to revamp the City web page. The Clerk has reviewed the Willowtree Software and approves. He sees this as a long term solution. The Mayor pointed out we are getting comments from the public about the lack of information on the web site. Yorgason asked if we had a contract proposal from Willowtree Software. Mayor said we can direct Christopherson to get a proposal from them for a contract. McDaniel moved to approve going with Willowtree Software for web design and to have a proposal for a contract drawn up for the next meeting, Christopherson seconded the motion. All aye: motion carried. City Logo Pin - The Mayor would like to have a city logo pin made up to identify us and to give out. There is a cost estimate sheet in front of Council from three different companies. Bell wanted to know if soft enamel is the same as an epoxy covering. The Mayor stated yes. The Mayor would prefer a 3/4" pin but all three companies have recommended the 1" pin. Following discussion the Mayor instructed staff to order 100 pins of each size if the¾" pin is the same price. At 9:45 pm the Mayor called a recess. At 9:50 pm the Mayor called the council meeting back to order. ) EXECUTIVE SESSION: Bell moved to go into Executive session under Idaho Code Statute 67-2345 (l)(b) Personnel, Christopherson seconded the motion. Roll call: McDaniel, Christopherson, Erlebach and Bell - all aye: motion carried. Council moved out of Executive Session into Regular session. ADJOURNMENT: Christopherson moved to adjourn meeting, McDaniel seconded motion. Meeting was adjourned at 10:15 pm. Respectfully Submitted: Approved: 2&�QQ� Kathleen Hutton, Office Administrator Na�ill, Mayor 11