City Council Regular Meeting

. ,/ ' Star City Council Meeting Minutes December 6, 2005 Pre-Council: JJDS Architects designing the new City Hall presented information on the plan. The Council will need to figure out what uses are needed and how much square footage is needed. How many floors - basement or upstairs? Plan for upstairs in the future - elevators and stairs to be on the outside. The number of rooms required along with types of building materials were discussed. Budgeting for the building was discussed. Council wants to break ground in March 2006 - it is a goal. Regular Meeting: Mayor Nathan Mitchell called the regular meeting to order at 7:00 pm and all stood for the Pledge of Allegiance. Call To Order: Councilpersons Tammy McDaniel, Dustin Christopherson, Tom Erlebach and Chad Bell were all present. Approval of Agenda: Bell moved to approve the agenda, seconded by Erlebach. All aye: motion carried. Consent Agenda: Christopherson moved to remove the Claims Against the City from ) the Consent Agenda and approve the Consent Agenda, McDaniel seconded the motion. All aye: motion carried. The Consent Agenda consisted of: Approval of November 14, 2005 Special Meeting Minutes; November 15, 2005 Regular Meeting Minutes; Findings of Fact & Conclusions of Law for: Lawrenz Property Rezone, Taylor/Hicks Comp Plan Amendment/Rezone, and Pinewood Lakes East Annexation/Comp Map Amendment/Zoning. Claims Against the City for November 2005: Christopherson moved to approve the Claims Against the City for November 2005 removing the Willowtree Software bill, Erlebach seconded the motion. Christopherson explained the reason for removing the bill and believes the City was over billed. All aye: motion can-ied. Public Input: Sandi Johnson, 11650 New Hope, Star, Idaho congratulated the City and Fire Depaiiment on a nice turn out for the Christmas Tree lighting. Public Hearing: Annexation & Zoning Conner/Carson Property - The Mayor reviewed the public hearing procedures. The Mayor asked for any conflicts of interest or ex parte contact from the Council, hearing none, the Mayor opened the public hearing. l  Applicant: Becky McKay, Engineering Solutions, 150 W. Aiken, Eagle, Idaho stated that her clients were asking for annexation and a zoning designation of R-3 which meets the Comp Plan Map. McKay reviewed the preliminary plat. Irrigation ditches were reviewed. To the west of this development is R-3 and R-4 DA and R-4 zoning to the south. Nine acres above the Foot Hills Ditch will hold seven lots. McKay submitted pictures of an open drain on the east. The next picture is looking south. Next picture is topography with Foot Hills Ditch changing to sagebrush and cheat grass. There is no disruption of a floodplain, this property is not in the floodway or floodplain per FEMA's map. There is one existing home on the property. It is not on the historical register, but it is on the index. This alone does not necessarily meet the qualifications. There is also dead vegetation and trees laying down, there is a lot of cheat grass. McKay stated that they can improve the look of the area. She believes they can compliment this area and take in natural features. There will be play equipment in the center lot and sizes of lots will vary up to 12,000 sq. feet then to 7,000 sq. feet. A traffic study is being performed. Staff: Cathy Ward stated that she had received two new letters after Council packets had been sent out. A letter from Ted Simmerman & Carol Ward and a letter from Milton & Maxine Klein. Public - Katy Slater, 2091 Sunny Lane, Star, Idaho lives above development. She has worked in municipal agencies and is not opposed to development but believes a blanket R-3 is wrong. She purchased her property in 2004 at Star Acres. In February of 2005 staking began on the property. At that time she dropped off a letter to the owner and ) offered to buy the property. Connor said he would like her to work with his engineer. The City staff report and engineer's report are both misleading. There is significant wildlife and more than 75 feet of horizontal grade in various areas. There are seasonal wetlands and technically if an R-3 is allowed 21 houses would be possible. Star Acres have several water areas coming out of it. Slater sent the Council pictures of her house - and the native habitat, she reviewed the pictures given in packets. There is a path though the proposed area and Council can see the grade of the Foothill ditch. There is a fox den on lots 38 and 39 and the deer also graze there. She is from California and this property is imp01iant to her family, her husband is a cancer survivor. The Foothill Ditch between the open space and wildlife area - these areas are not subjective. Slater invited Council to her home to see the potential impact. Slater requests the Council deny this request or modify it to only develop below Foothill Ditch. Ted Simmerman, 2090 Sunny Lane, Star, Idaho stated that he and his wife Carol Ward have been residents over 18 years and totally concurred and thanked Council for hearing him tonight. Simmerman asked that the Council look at paragraphs four and five of his letter - he is at the end of seven water users and they are required to dispose of water per Idaho Code. Simmerman handed out photos: picture one is of a 36 inch corrugated pipe, the southern inigators send water to him; picture two shows one pipe that goes east which is to an evaporation pond for all the water; picture three is spillage when the water has to be split. These ditches were constructed twenty years ago. This ditch wraps around behind Slater's house to another evaporation pond. He wants to know what will happen when they fill this alluvial plain. The cottonwoods propagate in water areas. ) 2 - They have bald eagles and all types of riparian habitat. According to Idaho Code, Section ) 18-310 that he is legally disposing water and they cannot prevent the normal flow of water. He doesn't want to be faced with a misdemeanor times seven. He has a scientific background to support what he says. Does not want to be responsible for houses sliding down that plain. The development should be R-3 below the ditch and no houses above the ditch. Mitchell asked if they have shares or association ownerships in the irrigation ditch. Simmerman stated that they have responsibility up to Farmers Union which starts at the weir. They maintain that ditch and the ditch on the Connor property. This needs to be resolved. Ellisa Massoth, 910 E. Cleveland Boulevard, Caldwell, Idaho, attorney for Katy Slater stated the Council has to adopt findings of fact and conclusions of law. This project does not meet the Comprehensive Plan and stated that there are twenty-five ways it does not meet with the Comp Plan. She stated that there is vegetation, wildlife and habitat above the Foothills Ditch. This does not request special zoning, this project doesn't meet the public interest. It may be argued that it will bring tax base, but doesn't benefit her client's viewing and takes away wildlife. People are not in opposition to this development. The Council can either deny or modify it so that the area below the foothills ditch is R-1 and above the ditch is left alone. Lee Pearson, 2050 Brandon, Star, Idaho lives northwest of the proposed land ) development and has 21 acres. He moved from Boise in 1991. He has kept his prope1ty in its natural state. He moved there to enjoy quality of life, which he still enjoys. He has walked along the prope1ty and looked at it and envisioned the proposed development. Seven to nine acres above the ditch has considerable contour to the tenain. He can't imagine putting houses there without bulldozing the land. The bordering property has a den of foxes and seven deer, a lot of quail and pheasant. As the prope1ties below are platted, he sees more and more animals coming to his prope1ty. The view and esthetics need to be considered. He doesn't oppose the project, but believes the seven to nine acres need to be looked at and he opposes development on it. Larry Westberg, 6274 Fair Oaks, Boise, Idaho stated that he sold the Slater's the prope1ty in 1979 and she wanted him to come and give the history. The pheasants, quail, deer, woodpeckers, raccoons and a fox den live near the irrigation ditch. The ditch has failed and would drain south. Eventually the small ditch was abandoned - there is considerable water in ditch in Spring. The fox den goes underneath the property line to the Connor prope1ty. There is a serious water problem. Applicant: McKay showed the distance from the Slater prope1ty to the subdivision. She has no problem if the Council wants to zone the prope1ty above the ditch to an R-1 zoning designation. They will work with the Council and have no intentions of just grading this prope1ty off. The density of the property is 2.62 acres - Lobo Creek is at a higher density. This is not a special treatment and not leapfrog development. They feel ) the request is reasonable. State statutes regulating water state that there shall be a 3  continuation of the drainage. Developers have a greater responsibility to make sure water ) flows the same and she does not want to be liable as engineering firm and developer. McKay stated that Mr. Simmerman stated that he is coming from an educated background - they have used several engineers on this project. It is also their priority to work with sunounding property owners. The Comprehensive Plan calls for reasonable growth, diversity, lot sizes and densities - this project meets the criteria. Views are not an inherent right in the State of Idaho. With regard to wildlife up in that area, she has only seen quail - not deer. There is limited habitat and she hopes to retain some of that wildlife, they are talking about shared driveways. These will be very nice homes and would like the Council to supp01i this for annexation and zoning. Erlebach asked if the creek had always been there or were they caused by subdivision. McKay stated that there are some natural swale areas, but no year round water in that area. Erlebach asked if the ditch would be covered. McKay stated that the Foothills Ditch will not, some of the smaller ones wiil be. They will leave the Foothills Ditch in its natural state but fence it off. Christopherson asked if there has been an environmental study done. McKay stated that they are testing ground water and soils. McKay stated that Star doesn't require an environmental study nor does any other jurisdiction. The geotechnical study shows several types of loams. The ground water on this prope1iy shows that water is at six or eight feet and they have been monitoring it since April. ) The Mayor stated that there is a concern regarding the property n01th of the Foothill Ditch and asked McKay if they are willing to enter into a development agreement limiting it to the number of houses per map and have the Fish and Wildlife review the property above the ditch. McKay stated that have no problem with this. Erlebach asked if anyone had looked at the problem with prope1iy above ditch regarding kids going up there and playing and maybe setting a fire. McKay stated that they haven't thought about it. The Mayor stated that these are private laterals and Farmers Union is dropping water on this prope1iy. Water is coming out of Star Acres. The Mayor asked if McKay had looked at the amount of water that's coming to the property and asked what they will do with it. Simmerman stated that there is a lot of drainage by the cottonwoods, but varies from season to season. Each lot at Star Acres has a ½ share of water. McKay stated that they would work with Simmerman and Slater to figure out the problem. Star Acres does not have a homeowners association. The Mayor would like to have an agreement with the Star Acres and the Connor-Carson group regarding water in the development. McKay stated that they usually ask the irrigation companies for input on how to create an agreement. The Mayor stated that there would be a four-minute break, so that the Applicant may read the letter from the attorney for Slater. 4  McKay reviewed the attorney's letter suggesting a development agreement. She stated ) that the letter states they want only three lots, they have asked for seven. They asked for bonding, McKay already does this with ACHD and the City. They believe McKay is not taking into account the prope1iy and stated the environmental features are not being protected. They will protect the inigation, fish and wildlife and will have the Fish & Wildlife out to determine if there are special animals and will not be interrupting any drainage features. The letter talks about private prope1iy rights - they are equal to this property and will meet the criteria of Comp Plan. Residential is compatible with residential. Regarding the vegetation and animals - they have walked and looked at it and planned for it. They have located density away from critical areas and will preserve trees. They will retain the natural trees on the site. She has addressed all the issues and believes this application meets the intent and criteria and is okay with a development agreement with an R-1 zone above the ditch. We will have more information when the preliminary plat is brought back before you. The public hearing was closed and the Council moved into deliberations. Bell believes that the issues are covered and is satisfied with what the developer is willing to do with the development agreement north of the ditch with seven houses and R-3 zoning below the ditch along with the conditions that are placed on this. He believes the City should approve this. Christopherson stated that he appreciates all the testimony it is good information. He ) concurs with Councilman Bell on the development agreement with the maximum seven lots and R-3 zoning. McDaniel concmTed with the other Councilpersons and believes there should be a review from Idaho Fish & Game. They are the expe1is and will provide Council with the required information. She feels we need to approve the annexation and zoning with those stipulations. Christopherson asked if conditioning the annexation would be more appropriate at preliminary plat. The Mayor stated that the development agreement will cover this. Christopherson moved to approve File #AZ-06-01 Connor-Carson prope1iy annexing the prope1iy into the City of Star and zoning the entire parcel Residential (R-3) with a development agreement limiting the number of lots to the north of the Foothill Ditch to seven lots and that a review by the Idaho Depaiiment of Fish and Game and satisfy the continuation of the historic path of irrigation through Star Acres, Erlebach seconded the motion. All aye: motion carries. The development agreement will go through a public hearing process. Annexation/Zoning - Gray-Small Property - The Mayor reviewed the public hearing procedures. The Mayor asked for any conflicts of interest or ex parte contact from the Council, hearing none, the Mayor opened the public hearing ) 5 , ' Wendy Kirkpatrick, Landmark Engineering, 104 9th Avenue South, Nampa, Idaho stated that this request is for 13 acres east of Plummer Road. Applicant is asking for an R-2 zoning designation which is the same as the Comprehensive Plan. They are asking for approval. Public - The Mayor stated that this project is near the Streamview Subdivision on Plummer Road. No public testified. The Mayor closed the public hearing. Christopherson stated that the application seems pretty straight forward. They are asking for R-2 and Comp Plan designates that. Erlebach moved to approve File #AZ-06-02 Gray-Small property annexing the property into the City of Star and zoning the property Residential (R-2), McDaniel seconded the motion. All aye: motion carried. Rezone - Rhoades Prope1iy - The Mayor stated that we would go through the same public hearing process and asked the Council for any conflicts of interest or ex parte contact, hearing none the Mayor opened the public hearing. Applicant: Kent Brown, Bailey Engineering, 1500 Iron Eagle, Eagle, Idaho stated that ) the prope1iy is approximately 5.26 acres. They are requesting a rezone from RUT and R- 2 to an R-4 designation. Public - No public testified. The Mayor closed the public hearing. Christopherson moved to approve File #RZ-06-01 Rhoades prope1iy rezoning the prope1iy from Rural Transitional (RT) and Residential (R-2) to Residential (R-4), McDaniel seconded the motion. All aye: motion carried. Preliminary Plat - Lawrence Kennedy Plaza - The Mayor stated that the applicant asked to have this application moved to the January 3, 2006 meeting. McDaniel moved to table the Lawrence Kennedy Plaza Preliminary Plat public hearing to January 3, 2006, Bell seconded the emotion. All aye: motion carried. Ordinance No. 137 Sexually Oriented Businesses -The Mayor opened the public hearing and summarized the Ordinance. This is an Ordinance giving directions as to where Adult Businesses can be located in Star. This also brings the City into compliance with State Code. Public - No public testified. 6  The Mayor declared public hearing closed. ) New Business: Final Plat Pinewood Lakes Subdivision, Phase Five - The Mayor asked the applicant and staff if they had anything further to add to the report. Hearing none, the Mayor entertained a motion. Bell moved to approve File #FP-06-01 Pinewood Lakes Estates Final Plat, Phase Five with ten recommended conditions of approval, Christopherson seconded the motion. All aye: motion carried. Building Inspector - Daunt Whitman - Bell stated that the Council is happy with the work Whitman' company is doing but feels we need to restructure the contract. The City needs to look at what it is spending. Council has looked at the current contracts with Meridian and Middleton. The Mayor stated that this is a contract business. The City knows we're doing higher volume in permits and it either needs to hire staff people or renegotiate Whitman's contract. The Mayor asked if there were things the City could do to assist Whitman. Whitman stated that the computer program will reduce paperwork for him. Contracts with Middleton is complicated and Meridian's contract is at 40%. Bell asked if the Meridian contract numbers work for him. Whitman stated that he was ) okay with it. Christopherson asked about dollar comparisons. Whitman stated that Middleton has just hit 30 permits a month. This contract is basically up for renewal now. Yorgason, City Legal Counsel will draft new contract. Streetlight Discussion/Decision - Discussion was held on the intent of the original resolution and the changes. Yorgason will redraft the Ordinance. Ordinances & Resolutions: Ordinances No. 137 Sexually Oriented Businesses - 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. 137 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. 137 an Ordinance of the City of Star, Ada County, Idaho, providing definitions for sexually oriented businesses; providing a purpose; establishing prohibitions; and providing an effective date, Bell seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell - all aye: motion carried. ) 7  Resolution 2005-12 JJDS Architects Contract - Christopherson asked that the 30 days be changed to 45 days on the interest. Bell moved to approve Resolution 2005-12 a Resolution of the City Council of the City of Star, Ada County, Idaho, approving an agreement for architectural services between the City of Star and JJDS Architects, PLLC; and providing an effective date, Christopherson seconded the motion. All aye: motion canied. Ordinance No. 140 Pinewood Lakes East Subdivision - 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. 140 be considered after reading once by title only, McDaniel seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell - all aye: motion carried. Bell moved to approve Ordinance No. 140 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-4) and Commercial (C-2) of approximately 31.6 acres; directing that certified copies of this Ordinance be filed as provided by law; providing for related matters; and providing an effective date, Erlebach seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell - all aye: motion canied. Ordinance No. 141 Taylor/Hicks Rezone - 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. 141 be considered after reading once by title only, Christopherson seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell - all aye: motion carried. Erlebach moved to approve Ordinance 141 an Ordinance rezoning certain real property located in the City of Star, Ada County, Idaho, at 10412 Highway 44, from a Limited Office (LO) classification to a Commercial (C-2) classification; amending the zoning map of the City of Star to reflect such changes; and providing an effective date, Bell seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell - all aye: motion canied. Reports: Engineer - Justin Walker stated that the wastewater plant will increase capacity by 2300 homes. It is 95% complete and the machinery is here. The plant should be in operation by the end of the month and they are two months ahead of schedule. The Department of Environmental Quality has verbally agreed to the concept of release. Ward stated that everyone has been moved into the trailer. ) _,. 8  Bell - stated that he attended a Treasure Valley Regional Transit meeting. All the upcoming projects are in Boise and Nampa. There will be new federal funding coming for buses for areas like Star. Bell stated that the City applied for a matching grant for playground equipment and received it. We were awarded $12,519 and we will have to match it along with paying for shipping costs. We have sent in the funds and we will receive the equipment by years end. The playground equipment will need to be assembled and installed. Erlebach had nothing to report. Christopherson had nothing to report. McDaniel stated that there will be an ACCEM meeting on Wednesday, December 14th from 1:00 to I:30 - she will not be able to attend. Mayor's Report- The tree lighting went well. There will be an AOI meeting with the Ada County Commissioners on the 28th of December. The City did 55 residential permits in November. There will be an Impact Fee Committee meeting on December 21, at 7:00 pm at the Fire Station. ) The Council Retreat will be on the 20th & 21st of January at the Ashley Inn. Transportation Report - Overstreet stated that she attended a neighborhood advisory meeting and the ACHD work plan was reviewed, Star has one project - Main and Knox. Adjournment: Erlebach moved to adjourn the meeting, Christopherson seconded the motion. All aye: motion caiTied. The meeting was adjourned at I 0:IO pm. Respectfully submitted: Approved: � 9