City Council Regular Meeting

Star City Council Meeting March 15, 2005 Pre-Council: Ada County Prosecuting Attorney – Ax Yewer – An update on prosecution costs was presented to the Mayor and Council. Estimated costs are $3,500 for the next budget year. Scott Bandy of the Prosecutor’s office stated that Star had about 840 citations last year. Bandy is working with the Ada County Sheriff’s office to ensure Stars’ ordinances are in compliance. Regular Council Meeting: Mayor Nathan Mitchell called the meeting to order at 7:00 pm and all stood for the Pledge of Allegiance. Roll Call: Councilpersons Tammy McDaniel, Dustin Christopherson, Tom Erlebach and Chad Bell were all present Approval of Agenda: Christopherson moved to approve the agenda, McDaniel seconded the motion. All aye: motion carried. Consent Agenda: The Consent Agenda consisted of the approval of March 1, 2005 Regular meeting minutes. Bell moved to approve the Consent Agenda, Christopherson seconded the motion. All aye: motion carried. Public Input: Public - Violet Blake, 612 N. Evelyn Place, Star asked Bell how we are going to level the park with so many rocks? Bell stated that the park is not fine graded yet. The park will be left as is for now, we will plant trees and then bring in a plane before seeding it. Kevin Neilson, 11877 W. Blake Drive, Star commented on high density housing. He would like to see the City look at mainly medium density housing. He suggested eight houses to an acre. Star is a nice place to live – he would like to stay away from the Eagle type housing. Law Enforcement – Rod Marshall: Officer Marshall handed out the monthly report for Star with statistics, analysis, graphics for the county and major categories of crime. In February property crimes increased from January. There were no residential, vehicle or construction thefts. Petty theft increased. We had one drug related crime this month. Thursday is the busiest day of the week. Public Hearing: 1 Preliminary Plat/PUD – Parkstone Subdivision – The Mayor opened the public hearing and asked Council if there was any ex parte contact or conflict of interest. Hearing none, the Mayor explained public hearing procedures to the public. Applicant: Becky McKay, Engineering Solutions, 150 East Aiken, Eagle stated that this property was annexed and zoned last year R-2DA. They have been working with agencies, neighbors and associations on this development. They believe this project to greatly benefit Star with its mixed diversity. This plan is close to the concept provided at annexation. There were 588 dwelling units, now there are 587 with 11 commercial lots. There is a residential collector. Idaho Transportation Department is now requesting that the signal be placed at Plummer. There will be retail and offices in between the collectors with detached sidewalks on the collectors and State Street. The multi-pod units are now single family dwelling units. The lower sq. footage lots will be brought up to 5,000 sq. ft. A pathway will be added to the Lawrence Kennedy. All paths will lead to the clubhouse and pool area. Paths will also link each pod. This subdivision will utilize water as amenities. The water in the ponds will be moving at all times and if it doesn’t it will be aerated. The storm drainage will follow the Ada County Highway District’s swale concept, there will be a ribbon curb which will included the swales in a 52 foot right-of-way. The Engineer comments indicated conditions, testing, and verifying storm drainage swales – applicant believes this should be modified – it is a duplication of what ACHD is requesting. Applicant would like to leave swales as required by ACHD. Storm water will be dispersed naturally. The project lot sizes match with the lots at Starlight Meadows. The Little Pioneer ditch will be piped along with a drain on State Street. A substantial pond will be created and spoils will be used to raise the lots. There is a $30,000 bond for a bridge by Starlight Meadows. The ACHD has asked that the road collect to Main Street. The lower stub street on the map, is just a stub if any lots were to open up at a later time for an extra access to the park. There will be paved pathways around the pond and natural pathways for the riparian area. The ACHD wants a pathway at the eastern end of the property in case there is ever a connecting pathway. In the break down of lot sizes there is a little deviation. The smaller lots are at 13.72%, the lots ranging from 6,000 to 7,999 are at 24%, the 8,000 to 11,999 are at 47%, and the large lots are at 15.67%. There is 41% of open space. Sixty acres of open space has been dispersed throughout the residential sections. The traffic study furnished by The Washington Group was reviewed by ACHD & ITD staff. The committee has reviewed the application and decided on 120-foot width entry at Plummer and they want the other State Street entry to be narrowed. They would like the Seneca Springs island removed. This project is estimated to generate 9,000 cars at build out. Applicant is requesting lee- way in phasing. The first phase will start at State Street. The ACHD has requested that no construction traffic come through Starlight Meadows Subdivision. This project is compatible with surrounding area development. It is the intent of the developer to dedicate the park to the City. This will occur when the City has a Parks Department in place along with a park impact fee implemented to aid in care of the park. Applicant is requesting a waiver in setbacks permitted in a PUD development. One issue is the fifteen foot setback if you have a side entry garage. This gives diversity and promotes side entry development. The project meets the intent of what the Council wants. Some trees will be removed, but will be replaced and maintained. Comments from Idaho Fish & Game were 2 sent to staff. The wetlands delineation will be submitted to the Army Corp of Engineers. It will identify irrigated wetlands and natural wetlands. McKay stated that they plan to do a LOMR on this project. It will be on a phase-by-phase basis. There is a Blue Heron rookery and the subdivision has been designed with that in mind. Animal migration routes have been saved. This area is not critical to the Bald Eagle nesting area. Council questions – Bell asked about the partnership on the park? Bell asked applicant how much they are willing to do with the park before they give it to the City. McKay stated that they will construct the parking lots. They are concerned about improvements and who will maintain this? Developer would like to see park impact fees implemented. Craig Groves, Developer, 3920 East Shady Glen, Ada County discussed the possibility of a partnership regarding the park. A good example of public/private partnerships is the development of the park in Bear Creek in Meridian. They are not opposed to putting in their fair share of improvements, but want park impact fees in place. They would not be opposed to paying a landscaper for a master plan and enter into an agreement for it to be implemented if they would be assured it was paid for. Christopherson asked about having no comment from Meridian School District. McKay talked with Wendell Bingham of the Meridian School District and they are working on a large area north of Star and pursuing that. Erlebach asked about harvesting of topsoil – what will they do with it? We will need some topsoil for the park. McKay stated that they have sixteen test holes that they are monitoring. Topsoil is generally used in the subdivision. Adequate topsoil may be a problem. McDaniel asked how big the pool will be? McKay stated that they size it to the number of houses. Some projects split the pools, this one will not and will be very large. Christopherson asked about the flexibility with phasing and how McKay sees it going. McKay sees it beginning with the first pod to the west and some commercial area. Phase two will be the clubhouse, pool and the middle area. The quicker the infrastructure the better the marketing will be. Erlebach asked about the 133 lots not in floodway and asked if the data is current. McKay stated that the data is current. Erlebach asked if they will be filing a disclaimer. McKay is not sure. They will work closely with the Department of Lands. Justin Walker, City Engineer stated that within regard to roadside to swales – it was not their intent to duplicate the information. Use perk tests by ACHD to meet percolation requirements. McDaniel asked if the widening of Hwy 44 going into Eagle will be widened in the near future, especially with the increased 9000 vehicle count. McKay stated that they will be required to make roadway improvements to the ingress and egress, ITD will require a 3 signal light, but anticipates the 44 study will take a substantial amount of time, maybe years to complete. No time line has been given to McKay. The build out of this project is 2015 at which time they will be required to make required improvements. The developer may have to buy the signal light. Engineer, Justin Walker asked about the wetland delineation and what it will look like. They are shown on the map. Erlebach stated that there is a man-made dike on the property. He asked what the plan was, will they hide it or what. McKay stated that they don’t anticipate removing it. It may be improved and that will be a question for a landscaper. Staff received no other written comments other than that in the Council packets and nothing to add to the staff report. Public Testimony – The Mayor explained the public testimony process and asked all to limit their comments to three minutes. The Mayor asked that testimony not be repetitive. Bill Sargent, 10287 West State stated that he is concerned about the City not being prepared for the infrastructure requirements. He has two concerns – one is Main Street traffic and two are the amenities to handle this many people. He would encourage the developer to expand clubhouse for entire community. There may be grants available. He would encourage the developer to consider making sidewalk through this entire development. We need more businesses. Richard Tinsley, 10459 W. Achillea stated that he is on the board of the Starlight Home Owners Association and would like to go on record regarding Little Pioneer Ditch, we would like to make sure water is available. They are concerned about the buffer area along the Lawrence Kennedy, they are worried about the weed area. They are concerned about traffic and would like construction traffic kept to minimum. On a personal note, he believes this a good opportunity to pick up the park area. He asked if the water rights come with the park. The Mayor stated that water rights go with the property. Brad Carlson, 960 S Main Street, he has two concerns. He is on the board of the Little Pioneer Canal and has never been notified of this development. Look forward to plans of the culverts. Traffic is a concern, this one subdivision will double the amount of people in Star along with traffic – it will bring taxes and commerce. He is concerned that a parking lot will be in his backyard. The ACHD has been contacted, but they have not been down there to see the conditions of Main Street. Bill Sargent offered to sell his property so the road didn’t need to go through the Starlight Subdivision. Carlson suggested bringing traffic out on Chrystal Springs instead of State Street. The filtering system does not work on Main Street. He would urge Council to remember their jobs are to facilitate for the entire community, be open to other options, this will impact this entire community. 4 Heidi Carlson, 960 S. Main stated that she is concerned about other lots and how they will back into acre lots on Main Street. The Meridian School District is a concern. She asked how the Main Street access will be affected? Who will improve Main Street? She asked if they would be developing the wetlands and why do we need the parking lot in our backyards? Carlson stated that the dike is beautiful, it doesn’t need work. Joe Russell, 10569 W. Gloxinia suggested that they cut a road through to Star Road and then add no turns and no traffic on Main Street. He asked why the east road can’t go to Hwy 16. He asked about the Lawrence Kennedy canal maintenance. There is not enough room for a road. Russell stated that there are three patio houses in Pinewood Lakes that aren’t sold now. There is a culvert that runs underground across the creek, what is the plan to improve it. Russell stated that the City has an ordinance that noise can only happen from 7:00 am to 10:00 pm. He hopes that contractors will have some consideration for evening times. Larry Hezeltine, 894 Main Street, stated that he has no complaints, but would like to know what will happen in back of the properties. Will there be a berm or something with trees so he’s not looking at a parking lot. He is concerned about the irrigation ditch and how they will get water. Sherri Link, 437 S. Main, – reiterate – not opposed to housing project – opposed to outlet on Main – no sidewalks and no drains – already have traffic from church. Main street has an acre or more lots – don’t want 10,000 people on Main Street. Ronald Frietag, 624 S. Main Street, stated that the roadway onto Main Street is a concern, he would like not to have it there. He asked if the developer is going to put berms up to protect current property owners. Michelle Flerence, 10096 W. Aguila, stated that she is having a hard time now getting out of Rockbridge, there are traffic problems now and she wants traffic signal. Another issue is the school district. She lived in Meridian and was driven out by developers building so much it is extremely stressful. She is a teacher in Meridian and the impact is huge from a subdivision. Legislators are not giving money to the school district. It costs two million dollars to open a school. Meridian School District will be building eleven new schools in the area from Chinden to Eagle. She encourages the developers to go slowly to help the Meridian School District. She stated that Eagle won’t allow portables at the school. Cheryl Cronk, 1015 S Main Street, stated that traffic had been diverted before to Main Street and there were problems. There is no protection for kids on streets, animals – they need to do some amendments to Main Street. She is on the corner and traffic runs through her fence at least twice a year. She suggested making the access on Main an emergency access only. Jennifer Ray, 10537 Gloxinia, stated that she is concerned about traffic and schools. The classes are packed and teachers are being overtaxed. She asked where all the kids from this development will go to school. 5 Marvin Heiser, 10761 Gloxinia, discussed the flood plain and housing. He is concerned about how much the developer will have to elevate housing and flooding. The Mayor explained the flood insurance issue. Any house not paid for with cash is required to have flood insurance. Tom Maronhy, 947 Main, stated that ACHD got a count on Main at 780 cars per day. They want to add another 250 a day. He would urge the City to do a traffic count on Main Street. Traffic will significantly impact the residents of Star. He stated that there is a problem in both directions, you can’t get onto Star or State. With improvements on Main Street with the development they will require sidewalks. Allen Funkhouser, 23229 Blessinger, representing Drainage District #2 - they have never been contacted. There are easements for the drain and they would like to be contacted and know what’s going on. Richard Locket, 209 S. Delphinium – you’re in trouble and good luck again. Pam Leverett, 946 S. Main, she does not want sidewalks and she likes it the way it is, they want fewer cars. June Russell, 10569 Gloxinia, there is not enough soil and plenty of rock in and around the property. Ron White, 10728 W. Gloxinia, stated that Main Street was a concern brought up during the annexation process, he asked what we will do as a City regarding Main Street? He wants to be proactive as community. He discussed budgeting and the park impact fee we need to look down the road. The Mayor stated that the budgeting process is where the park impact fees for building park will come from. Growth creates day-to-day cost paid for by tax revenue – building dollars are being put in a savings account. An impact fee for roads is being collected by ACHD impact fees now from each builder. Reeta Huyser, 10761 W. Gloxinia, stated that the schools are projecting 10,000 new students next year. She is concerned about how many new homes are empty and how many subdivisions are finished. Applicant – McKay addressed Mr. Sargent’s concern about Main Street. They did discuss that he would be open to selling an area for a road, but ACHD/ITD won’t go for it. The ITD wants a signaled exit at Plummer. Regarding irrigation - we don’t design gravity irrigation until the preliminary plat is approved. Gene Muller of the Drainage District 2 has met with McKay several times. His instructions were to get approval and then bring specific designs to the board. Regarding the maintenance of the Kennedy Lateral, this is easily maintainable with landscaping. The other 50 feet of this lateral belongs to the homeowners of Starlight Meadows and their responsibility to maintain. The traffic on Main Street was not up to McKay – ACHD is requiring the exit to Main Street. Later phases are near Main Street. Signalized access will draw the majority of 6 traffic. The parking lot is a rough concept. Park should be based on community input. Chrystal Springs is a private roadway – not public. If it ever does become public we do have a stub street there. The transition of lots sizes has not changed. They match up with lot lines to Main Street. The same number to the east. Regarding the Lawrence Kennedy, we will provide access and a license agreement for improvements in the easements. The construction hours are the normal hours for builders. Regarding the west boundary buffering, the developer will work with adjoining neighbors to fence the area. Regarding improvements along Main Street, the developer is not required to improve Main Street, that is what the impact fees are for and with this development they could reach one million dollars. Regarding the signal light, ITD will not allow installation until it meets the warrant. Regarding the School District, developers work with schools on a lot of projects. The Developer can’t solve the school problems. With diversity in the subdivision you will find different levels of school age students, not one specific age. Groves stated that the school district issue is a concern. They work closely with the schools by providing school sites, they have provided infrastructure, and they donate lands. They met with the school district to see if they were interested in any areas of the property and the district wanted schools on north side of 44. They just finished a new junior high school. Schools are a statewide community issue. The Meridian School District is the largest in the state. Erlebach stated that the water rights should be transferred with the park property. The Mayor stated that they haven’t figured out where pump station will be yet. Erlebach asked if we can fill the park with dirt. The Mayor stated that it is in the flood way and will have to be developed by the flood ordinance – we can’t build any structures. McKay stated that $750,000 will be spent on pool and clubhouse. The Mayor stated that there were a few concerns that can be addressed regarding the berm to the west. The Zoning Ordinance requires berms and or fencing. The Mayor asked the audience if the Main Street access were granted how many were interested in improvements. There was a mixed reaction. McDaniel asked if Main could be an emergency access. The Mayor stated that there was an ACHD meeting and everyone was notified, but no one showed up. The Mayor declared the public hearing closed. Bell stated that we don’t control roads and we need to deal with the access on Main Street. He understands the concerns about traffic and schools. He believes that the applicant has demonstrated a good plan and done a really good job. He likes what has been presented. He would like to recommend approval with conditions to address the other concerns. This is a great addition to the community and we should proceed. 7 Christopherson stated that he believes that concerns about traffic on Main Street are warranted, but unfortunately, at this point ACHD has approved it. He agrees with Bell, the developer has gone above and beyond to take care of concerns of residents and he would recommend approval. The Mayor asked if we could make this a conditional approval and let us work with ACHD. Ransom Bailey, legal counsel discussed with the Council the pros and cons of how this condition would work. McDaniel stated that the Main Street area is the last phase and won’t be done for about ten years down the road. The Mayor reviewed the conditions of approval. Bruce Mills, ACHD representative stated that prior to opening Delphinium and Mira roads all other roads need to be built out to State Street. Bell stated that he believed that the applicant would agree to any changes to Main Street if we are able to work that out with ACHD. Bailey stated that we can tie this to final plat of phase one. Mayor’s additional conditions: 14. park design authority retained at the City 15. water rights transferred to the City 16. Final plat approval of phase containing Main Street access contingent upon Council approval of a solution to address the current infrastructure deficiency of Main Street. 17. Park dedicated to City contingent on Impact Fee Ordinance and operable Park and Recreation maintenance. 18. Bell moved to approve the preliminary plat/pud with the seventeen conditions of approval and that Condition # 10 of Engineers report follow ACHD requirements, Erlebach seconded the motion. All aye: motion carried. Amended Area of Impact Ordinance No. 121 – The Mayor opened the public hearing and asked for comment from Council, Public or staff, hearing none the public hearing was closed. Amended Area of Impact Map Ordinance No. 122 Public Hearing – The Mayor opened the public hearing and asked for comment from Council, Public or staff, hearing none the public hearing was closed. 8 Dennis Stegenga explained why this will need to go to the Ada County Planning and Zoning. Ordinances & Resolutions: Ordinance No. 121 – 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 Ordinance No. 121 be considered after reading once by title only, Christopherson seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell all aye: motion carried. Christopherson moved to approve Ordinance No. 121 an Ordinance amending Ordinance No. 103 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; providing for annexation of property outside the 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; providing for related matters; and providing an effective date, Bell seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell – all aye: motion carried. Ordinance No. 122 – 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 Ordinance No. 122 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 Ordinance No. 122 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 within the unincorporated area of Ada County, Idaho, and providing an effective date, Christopherson seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell – all aye: motion carried. Reports: Dennis Stegenga stated that he is on the Demographics Committee and they are recommending approval of the new estimated population numbers for Star - it is 3028. The other item from RTAC is the traffic information from Communities in Motion – they will incorporate the Blue Print for Good Growth. Bell stated that they have had problems at the park – they have removed eleven loads of rock. We need to get trees for park. McDaniel state that she will attend the State of the County Address tomorrow and Thursday she will attend an Executive Committee meeting for Emergency Services. 9 Christopherson stated that he attended a Blueprint for Good Growth meeting. He stated that Julia Fenwick has got several things going on with Mule Days. Mayor Mitchell stated that there will be a new employee in City Hall on Monday. We are using a temp agency right now. The Mayor discussed the tier of the Blueprint for Good Growth. Regarding the YMCA discussion, they will be forming a committee to continue the process. Adjournment: Christopherson moved to adjourn the meeting, McDaniel seconded the motion. All aye: motion carried. The meeting was adjourned at 10:35 pm. Respectfully submitted: Approved: ______________________ _________________________ Cathy Ward, City Clerk Nathan Mitchell, Mayor 10