City Council Regular Meeting

Star City Council Meeting Minutes March 7, 2006 Pre-Council: Comprehensive Plan Review-Jerome Mapp The Mayor introduced Jerome Mapp and stated that he has been a member of the professional planning community for some time and has been retained to help the City through the Comprehensive Plan, Zoning and Subdivision Ordinance review. Mapp stated that he works for WRG Design. He is here to help update the Comp Plan and ordinances and to try to put everything together. We will work on consolidating zoning and subdivision ordinance to a unified code. The time line will be by the end of the year for Comp Plan, the unified plan may take longer. He has spent time going through the Comp Plan, it does need to be updated. Mapp has been a planner for 33 years, beginning in Pocatello, and he has served on the Boise City Council and also worked in the public. We need to get the community involved and eight is a good number for the committee. In Twin Falls they had 25 people on a committee, with 20 people that usually were in attendance. The last one they did had 100 people - it didn't work well. Mapp wants community input. We need to put the nuts and bolts together. There are thirteen items in the Comp Plan that will be reviewed and then request public input, it will be reworked and then more public input at the public hearings. ) Christopherson asked what Mapp's relationship to the committee will be. Mapp stated that he has two positions - one as a facilitator and one as the writer of the document. Erlebach asked if there was anyway to speed up the process. Mapp stated that we will be in overdrive with the nine months timeframe. McDaniel asked about Mapp's overview of the Comp Plan and what are some of the changes. Mapp stated that it needs to be simple for everyone to follow. We need definitions and there are no objectives. Tables and graphs are needed and the property rights section will have to change due to the new law. The letters of interest will be before the Council on March 21, 2006. Christopherson asked where we would go from here. Mapp stated that he will do a plan with a cost not to exceed and a timeframe for the 21 st meeting Bell asked to have a meeting with Mapp. The Mayor will get it scheduled. Regular Meeting: Mayor Nathan Mitchell called the regular City Council Meeting to order at 7:00 pm and all stood for the Pledge of Allegiance. Roll Call: Council persons Tammy McDaniel, Dustin Christopherson, Tom Erlebach and Chad Bell were all present.  The Mayor stated that the room is over capacity. We will reschedule the public hearing to March 9, 2006 at 7:00 pm at the Star Elementary School. Approval of the Agenda: Bell moved to amend the agenda removing Item 5 (the public hearing for the annexation) and added 6-H under New Business - discussion of a moratorium, McDaniel seconded the motion. All aye: motion canied. Bell moved to approve the Consent Agenda consisting of the approval of the February 21, 2006 regular meeting minutes; the Claims Against the City for February 2006 and Findings of Fact and Conclusions of Law for - Estrella Village Amended Final Plat and the Greiner Property annexation and zoning, Christopherson seconded the motion. All aye: motion can-ied. Public Input: Heidi Skerret, 12464 W. Langtree Gulch, Star stated that she would like the Council to stop the annexation. She doesn't feel the Comp Plan/Zoning/Subdivision Ordinances are complete enough to allow all the development. She is requesting it slow down until the ordinances are in place before we continue annexation. She is requesting a moratorium on annexations. Eric Battey, 2420 Munger, stated that he feels the Council and Mayor have done a little more than listen this past month. He is truly appreciative of the hiring of Jerome Mapp. He believes this is great and it is appreciated. ) Brenda Weaver, 2620 Munger, asked about the removal of the public hearing signs and when they are to come down. John Priester, 262 N. Hullen Place, asked about the speed on Highway 44, especially at Seneca Springs. The Mayor stated that he has requested ITD to do a speed survey. The Mayor hasn't gotten a full report back yet. There is some disagreement - ITD says they have the right to set the speed limit within the City limits - the City is challenging that. New Business: Police Presentation - Deputy Ramage - Ramage is asking to purchase a blood alcohol testing machine for our patrol car. The City doesn't have one and this is the best one. It can be legally defended in court. Bell moved to approve the deputy's request for the purchase of an Alco Sensor Three - not to exceed $600, Christopherson seconded the motion. All aye: motion carried. Request for Colt Carson Subdivision Mediation - Chris Yorgason, legal counsel, stated that there is a letter in the packet from Ms. Elisa Massoth who is here tonight. Yorgason reviewed the process. The applicant, affected party or the City can request mediation on Colt Carson Subdivision. After the final decision and findings, one of the affected patties has requested mediation on the preliminary plat application. Council can order mediation or you can leave it up to the patties. If Council orders mediation the patties have to get ) 2  together - no agreement is required, if there is a change they have to come back before the Council and this has to happen within 28 days. The appeal period is 28 days. The decision of the Council will start 28 day appeal period if they chose to mediate. Until mediation occurs or is refused by the parties, the statute of limitations to appeal the City Council's decision will be tolled. Christopherson asked if the the two parties are the Slaters and the applicant and asked what is the reason for the mediation. Yorgason stated that it was between the Slaters and the applicant, he has no additional information. Elisa Massoth, 910 E. Cleveland Blvd., Caldwell, stated that this is a new statute and believes the root of problem can be resolved in a less expensive manner. Issues are the same as at the public hearing. Erlebach asked if we are at this point because the developer doesn't want to get together. Massoth stated that she doesn't know. This is an interim request for mediation. Erlebach asked if there are specific requests of the developer. Massoth stated that there are several questions. She believes it is possible that the issues could be addressed and resolved in mediation. Christopherson asked who would mediate and who chooses the mediator. Yorgason stated that the Code is not specific. Yorgason stated that the Code does not give guidance, ) but usually in a mediation there are professionals around that will do it. We need someone in land use. We want someone who understands the issues. Costs are split by both parties. Massoth stated that usually Moore Smith would mediate the issue. Yorgason stated that it is usually the attorney for the City. Becky McKay, representing the applicant is not prepared and had not been notified about this. Ms. Slater has never notified anyone with regard to this. McKay has been working on phases and has identified four lots. McDaniel asked if McKay was aware of any issues. McKay stated that no one has sent anything. She is working on first phase near Floating Feather Road. Bell asked if the 28 days would start over if we don't order mediation. The Mayor stated that assuming we choose not to mediate - what's the questions being asked of the Court. Yorgason stated that it's a question of the City's decision based in law and fact. It is just an appeal to raise issues and then we file a response, file briefs and arguments to the Judge and that can be appealed also. McDaniel asked if it goes to court, can the person request that the development stays the same. Yorgason stated that they can ask that the development not be developed until the ) 3  decision is made. Normally, the party seeking that the development be halted must post a ) bond with the court. The Mayor asked McKay if they would be averse to meeting with the Slaters. McKay stated that she cannot speak for the developers but doesn't believe there will be a problem. McKay can show them some of the roughed out plans. McKay would meet with them. The Mayor asked if the Slaters could meet with McKay. Massoth stated that her clients reside in California are but they may be available to meet next week after the 20 th. Bell stated that the applicant did everything the Council asked for. He does not see any specific reason for mediation. Mediation is not necessarily a bad thing, but Bell doesn't think we need to order mediation. Christopherson stated that it bothers him that we don't know the reasons. He has a hard time ordering mediation when there has been no communication or effort on the Slaters part to communicate. The Mayor asked if the process is outlined in Code and is it required to come through Council first. Yorgason stated that it was not, but is coming to the Council because of the time frame. ) Erlebach stated that it seem that both applicant and developer are willing to talk outside intervention. Erlebach moved to deny this request, Bell seconded the motion to deny the request for mediation. Yorgason stated that procedurally we need a letter from them on their own or with someone (developer) stating this is to start the twenty eight day process. We need to send a letter to both parties stating we are not ordering the mediation and that we would like them to talk. This will trigger the 28 days. Mediation will need to happen within 28 days of tonight. All aye: motion carried. Saddlebrook Subdivision Final Plat, Phases 5 & 6 - Staff stated the final plat complies with preliminary plat. The Engineer's letter and an ITD letter are enclosed in Council packets. Bell asked if traffic would be coming out onto Can-Ada. Staff stated that there is no traffic out onto CanAda from development presently. Bell moved to approve Saddlebrook Phases 5 & 6 final plats with the fomieen stated conditions, McDaniel seconded the motion. All aye: motion carried. Parkstone Subdivision, Phase I Final Plat - Staff stated that there is a correction on setbacks. The front setbacks should be 15 feet. The Engineer's letter has been enclosed in your packet. McKay is in agreement with staff rep01i. Bell moved to approve Parkstone Final Plat Phase 1 with 15 conditions of approval, Christopherson seconded the motion. All aye: motion carried. ) 4  Mooncreek Cove Subdivsion, Final Plat - Staff rep01ied that the final plat is identical to the preliminary plat. The Engineer's letter and streetlight approval have been received.. Erlebach moved to approve the Mooncreek Cove Subdivison Final Plat with the thirteen conditions of approval, McDaniel seconded the motion. Bell explained the process of the process of plats to the citizens. All aye: motion carried. Neighborhood Meeting Discussion - Copies of different city ordinances have been given to the Council. Bell stated that he wished they didn't have to put this in place, but we almost have to. It really throws a cog in the process when the development hasn't been discussed. Bell thinks it should be written into code for any annexation and zoning changes. No other City requires meetings on annexations. Yorgason stated that public hearings are held on zoning applications. Neighbors can comment on the zoning applications, but annexations are not subject to the public hearing process. Christopherson likes the City of Meridians, we need a definition of neighborhood meeting. Yorgason stated that if you want it to happen, we need to put a "shall" in the ordinance. ) The Mayor stated that it needs to be specific - who to notify and where you hold meetings. Christopherson moved to have an Ordinance drafted for neighborhood meetings, McDaniel seconded the motion. All aye: motion carried. Streetlight Discussion - The Mayor stated that the City has been getting questions about streetlights and we need to address them. The first is how far will decorative streetlights will go out on State Street. Mary Overstreet would like them to continue indefinitely on State and Star Roads. A discussion was held on streetlights for different developments - Bell stated that the city's style light will be out on State Street. The City does not pay for electric bill on lights in subdivisions or the older parts of town. Land use applications submitted to City Hall will not be processed without streetlight applications. Moratorium Discussion - Yorgason explained what we are allowed to do and not allowed to do with moratoriums. Yorgason reviewed the two types of moratoriums - State Statute J Emergency and Interim Moratoriums with both you have to find imminent peril and 5  adopt of ordinances. The emergency ordinance require no public hearing but we must ) find imminent peril to health, safety and welfare and only lasts for six months, it can extend for one additional year through the adoption of an iterim ordinance. The interim ordinance requires a normal public hearing done by ordinance with public comment, we City must have findings of imminent peril for health safey and welfare of the City. There are different conditions for different requirements. Yorgason stated that a sample showing how the moratorium is done is in front of the Council. The interim moratorium lasts for one up to year. It is unclear if we are in the emergency stage. It makes more sense to do the interim moratorium. This will not affect anything we have received now. Erlebach asked if we do a moratorium, can we designate it in certain parts of town. Yorgason stated that we can be specific. It needs to be very specific. Erlebach asked if we could go go by streets? Yorgason stated that we could. McDaniel asked if we need to determine if there is peril to public health safety and welfare. Yorgason stated that we don't need to make that determination now - the public hearing will determine this. The Mayor will have a public hearing scheduled. Ordinances & Resolutions: Ordinance No. 147 Lawrenz Property - Dustin 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. 147 be considered after reading once by title only, McDaniels seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell- all aye: motion canied. McDaniel moved to approve Ordinance No. 147 an Ordinance rezoning certain real prope1iy located in the City of Star, Ada County, Idaho, at 962 N. Can-Ada Road, to a residential (R4/DA) with a Development Agreement from a Residential (R-3) classification; amending the Zoning Map of the City of Star to reflect such changes; and providing for an effective date, Bell seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell - all aye: motion carried. Reports: Staff- Ward stated that the Town Hall meeting is scheduled for March 29th at 7:00 pm at the Star Elementary School. There will be a Joint ACHD meeting scheduled for March 16 at ACHD at noon. Yorgason stated that he will have the Impact Fee Ordinance read for review at the next meeting. He will be gone the first meeting in April. Bell - stated that he had nothing to rep01i on outside meetings. A proposal for a gazebo J at Blakehaven Park is in front of the Council - it is a kit. We have budgeted for this. We 6  ' are getting information from the Meridian Parks and Rec to get the playground ) equipment installed. Erlebach stated that he hasn't attended any outside meetings. Erlebach stated that another individual has donated a sweet gum tree and we will plant it for Arbor Day. Christopherson stated he has nothing to report. McDaniel will be gone from March 24th to April 9th. Mayor- Town Hall meeting March 29 th at 7:00 pm will be to discuss the new City Hall and open discussion on land use process. The Mayor stated that he and Councilman Christopherson attended a meeting at Canyon County. Middleton has requested an increase in their area of impact over to CanAda. The Canyon County P&Z recommended denial as it was too far to fast. The joint meeting with ACHD will be on the Purple Sage and Beacon Light connection; the alignment of Floating Feather, Highway 20/26 and Highway 44 and how the roads get classified. We have received letters regarding the Comphensive Plan Review. We have eleven letters and one requesting not to be on the committee. The Mayor met with the school district, they have identified sites for a middle school and an elementary school. We will present the new City Hall plans at the Town Hall meeting. The Mayor announced that the YMCA will be holding youth and adult programs in the new City Hall as well. Adjournment: Christopherson moved to adjourn the meeting, Erlebach seconded the motion. All aye: motion carried. The meeting was adjourned at 9:30 pm. Respectfully submitted: Approved: 7