City Council Regular Meeting

Star City Council Meeting December 7, 2004 Pre-Council Meeting: 6:3 pm Land Use - Discussion was held on zoning amendments regarding housing densities. Bell does not want to see cookie-cutter subdivisions, he wants some open space areas with plenty of amenities. We should encourage this type of development. Mayor Mitchell stated that we need to fix the zoning ordinance. Density is not an issue as long as subdivisions have amenities and some open space. Christopherson would like to see a mix of densities. Our ordinance does not allow developers to be creative without going to PUDS - he believes there is not enough flexibility. We need to be less restrictive - builders will get more competitive. Bell stated that our definition of open space needs to be revised. The general consensus was that we need to be less restrictive for lot sizes and densities; for anything more than a duplex - we need a conditional use. Take conditional use out of four-plex and adopt some standards for those. Freilich's report looks at higher densities along corridors (six units per acre) within a quarter mile of a corridor. The report wants us to require Ada County Highway District (ACHD) to comment on zoning applications within the City. Regular Meeting: 7:00 pm ) Mayor Nathan Mitchell called the regular meeting to order and all stood for the Pledge of Allegiance. Roll Call: Council members Tammy McDaniel, Dustin Christopherson, Tom Erlebach and Chad Bell were all present. Approval of Agenda: Bell moved to approve the Agenda, Christopherson seconded the motion. All aye: motion carries. Consent Agenda: Christopherson moved to approve the Consent Agenda, McDaniel seconded the motion. The Consent Agenda consisted of: Regular Meeting Minutes of November 16, 2004, Claims against the City for November 2004, Findings of Fact and Conclusions of Law for - Annexation & Zone of Stubblefield Property, Vacation of unopened portion of 2nd Street and a variance of sign lighting, and Resolution for Willow Tree Agreement. Roll Call: McDaniel, Christopherson, Erlebach and Bell - all aye: motion caiTied. Public Input: Shirl Boyce of Boise Metro Chamber of Commerce Economic Partnership Mr. Boyce handed out information to the Council and explained what his organization did. He would like to have Star join the Economic Partnership. They would like to have the ) 1  Mayor, a business person and another representative, whomever the Council would ) choose to be on the BMEP board. Public - Dennis Stegenga, 290 S. Star Road, Star discussed the new substation in Star. A meeting was held on September 9 th between the City of Eagle and Idaho Power. An alternative route was suggested which will run through town above ground, it will be a lower voltage. The alternate route was approved. Public Hearings: The Mayor reviewed the proceedings and asked the Council for any ex parte or conflict of interest, hearing none the Mayor opened the public hearing. Amended Conditional Use Permit - Country Time: Dustin and Katie Hackney from Country Time Assisted Living stated that they built an eight-person assisted living building and have expanded to a fifteen-person building. They would now like to construct a two-family dwelling at the rear of the property consisting of one unit for administration and the other for a senior citizen in transition. Staff Report - Craig Eckles stated that he had received no written comment. Correction to the staff report: the property is in the Central Business District. Applicants have met all requirements of the City. ) Public: Dennis Stegenga, 290 S. Star, Idaho handed out his written testimony to the Council. Stegenga lives west of property and is in favor of this development. He would like to have a clean out on the 12" pipe and the pipe be aligned in a straight line. He would also like to relocate the inlet to his property approximately 20 feet south of the existing entrance. The bottom of the pipe inlet to his property should be a minimum of3' lower than the bottom of the north outlet of the concrete box on the west side of Main Street. It is a private lateral. Wes Edwards, Architect for Country Time stated that they would be happy to make the lateral into a straight line. They will make sure it flows correctly. Bell moved to approve the amended conditional use permit for Country Time Assisted Living with the four recommended conditions of approval, Erlebach seconded the motion. All aye: motion carries. Noise Ordinance - The Mayor opened the public hearing and stated that the ordinance has been revised as per previous discussions. Eckles reviewed the changed areas and stated that no written comments were received. Ken Ramage. Star Deputy stated that the County ordinance covers seven days a week with no problems with no noise before 7:00 am or after 10:00 pm. ) 2  Bell asked if it would be hard to separate the contractors versus residents in their garages ) - it is a disturbance. Legal Counsel, Chris Yorgason stated that there may be a way to try and figure out a difference but it would be difficult to craft language that was not vague. Jeannie Nail, 1011 S. Star Road, stated that she holds weddings on her property and she is held to a certain decibel level. Nail is regulated under the County Code. The Mayor stated that decibel levels for construction equipment can't be adjusted. June Russell, 10569 Gloxinia, Star agrees with Mr. Bell. Her property backs up to Dudley Ranch where there will be construction. She feels that ten o'clock is too late for construction. Kids can't get their rest and on weekends we need a rest. Mary Ann Garrett, 11756 W. Blake Drive, Star suggested tying the times to daylight savings time. Summer time is not as bad, we need to take a seasonal approach. The Mayor closed the public hearing. Christopherson stated that the amended ordinance is very reasonable. He understands the testimony but enforcement is the issue. We don't do ourselves any good ifwe can't enforce our ordinances. Erlebach agrees with Christopherson. Construction is temporary. ) McDaniel has mixed feeling on this issue. She suggests maybe a compromise for weekends. 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 the Noise Ordinance be considered after reading once by title only, Erlebach seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell - all aye: motion carries. Christopherson moved to approve the Noise Ordinance an Ordinance of the City of Star, Idaho providing for abatement of loud or offensive noises within the City of Star, Idaho; providing for specific violations; providing for exceptions; providing for enforcement; repealing conflicting ordinances; and providing for an effective date, Erlebach seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach - aye, Bell - nay - Motion carried. Old Business: Final Plat - Streamview: Clint Boyle, Landmark Engineering agrees with the Staff report. There is one item on the conditions from City Engineer that is still outstanding- the pressurized irrigation licenses and they are no problem. The Star Sewer and Water District wants a blanket utility easement for future well and piping, the developer is ) presently in negotiations with the District. The blanket easement will be provided (#11 of 3  the City Engineer's report) if they come to agreement, if they don't come to an agreement ) there will be no blanket easement. The Mayor stated that there would be no problem with this. Staff Report, Eckles stated that there were no changes. The information is correct, the Star Sewer and Water District has not finally determined that Streamview will be the site for well and piping - they are in negotiations. Bell asked if this plat was the same as the preliminary plat. Eckles stated that it was. Bell moved to approve final plat for Streamview Subdivision with the eight recommended conditions, McDaniel seconded the motion. All aye: motion carried. Flood Plain Ordinance Amendment - Eckles stated that there are no changes from the public hearing and both engineers have reviewed this with wording for the no net loss. 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 Flood Plain Ordinance Amendments be considered after reading once by title only, Christopherson seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell all aye: motion carried. Bell moved to approve the Flood Plain Ordinance Amendment, Christopherson seconded ) the �otion. Roll Call: McDaniel, Christopherson, Erlebach and Bell - all aye: motion carries. New Business: Ordinance/Development Agreement - Landmark Engineering: 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 the Development Agreement for the Stubblefield Property Ordinance be considered after reading once by title only, Christopherson seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell - all aye: motion carries. Bell moved to approve the Stubblefield Ordinance, an Ordinance annexing to the City of Star certain real property located in the unincorporated area of Ada County, Idaho, and contiguous to the city of Star, establishing the zoning classification of the annexed property as residential (R-4DA) with development agreement of approximately 54.29 acres; directing that certified copies of this Ordinance be filed as provided by laws; providing for related matters; and providing for an effective date and allowing the Mayor to sign the Development Agreement, Christopherson seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell - all aye: motion carries. City Hall Modular Office Discussion - The modulars were reviewed. The Council decided to table the discussion on modulars until needed. It was agreed that the City 4  should move ahead with new building. Christopherson moved to table the modular ) building decision until needed and to move ahead with a new building, McDaniel seconded the motion. All aye: motion carried. Reports: Eckles stated that the Idaho Transportation District's legal staff is saying that the Council does not have authority to change classification on its roadways. Eckles stated that entries to the highways has caused problems for Star. Blueprint for good growth - cities are looking at ordinances. McDaniel stated that she attended the AIC Legislative Session. The session focused on the Fair Labor Standards Act and Economic Development. Christopherson had nothing to report. Erlebach had nothing to report. Bell stated that the irrigation bid was awarded to Landscaping Innovations, but we need to get the park rough graded. It was suggested to have they provide an estimate to rough grade the park (time and material). ) Alloway Electric has installed the street lights and electrical box for the sprinklers in the park. The Mayor stated that we are having computer work done in the office and a new up-to- date web page. Christopherson will be in charge of overseeing the web page. The City of Star hosted Treasure Valley Partners for a luncheon meeting at the Saddlebrook Club House, everyone enjoyed it. The second meeting in December has been cancelled, the next meeting will be in January. The Star Chamber of Commerce has expressed interest in running Mule Days. The Mayor proposes letting them manage it. We will have a proposal the first meeting in January. Blue print for good growth - agriculture not well represented at meeting. The City is scheduled next week with Ada County Commissioners and the area of impact may be resolved on the 22 nd. Discussion on Ada County EMS and how they will be funding the program was held. Adjournment: 5 ) Erlebach moved to adjourn the meeting, Bell seconded the motion. All aye: motion carried. The meeting was adjourned at 8:40 pm Respectfully submitted: Approved: [; Nafu�� ) ) 6