City Council Regular Meeting

Star City Council June 6, 2006 The regular meeting of the Star City Council was held on June 6, 2006 at the Star Fire Station. Mayor Nathan Mitchell called the regular meeting to order at 7:00 pm and all stood for the Pledge of Allegiance. Roll Call: Council persons Tammy McDaniel, Dustin Christopherson and Tom Erlebach were all present. Councilman Chad Bell was absent. He was attending a School District Meeting that was being held at the same time as the Council meeting. Approval of the Agenda: McDaniel moved to amend the agenda by adding 7-G Chapala Beer & Wine License, Erlebach seconded the motion. All aye: motion carried. Consent Agenda: Christopherson moved to approve the Consent Agenda consisting of minutes of May 2 and May 16, 2006 and Claims. Against the City for May 2006, McDaniel seconded the motion. All aye: motion carried. Public Input: Ken Firmage - Economic Development Committee: Rep01ted on the voting for the City entry signs. There were three examples and they were taken to the Star Mule Days Celebration. The example with the star won the most votes with 189. It was suggested that we lose the knobs on top of the Star and Firmage has spoken with the designer and he is will to remove them. The Committee will get the design finished and go out for bid as pait two of the project, they will also be looking to secure funds. Mary Anne Saunders, 2230 Schreiner Lane, Star, stated that she wanted her letter put in the public record. Saunders then proceeded to read her letter. See attached letter. Heidi Skerrat, 12464 W. Lanktree Gulch Road asked how it happened that the school meting was scheduled on the same night as the Council meeting. The Mayor stated that tonight is the Council's normally scheduled meeting night and Eric Exline of the School District was running out of dates to hold a meeting. Steve Lehan, 640 N. Saddlebrook Way, Star, asked if there was a way to work with the City to get speed bumps or gutter bumps in Saddlebrook, the traffic flows very quickly. The Mayor stated that Lehan could contact GianPaolo Mammone and he will make a request to the highway district. We will also contact our officers for more patrols. Lehan has spoken with Officer Ramage. 1  Presentations: } Ax Yewer, Ada County Prosecutors - Yewer stated that with law enforcement and increased growth we are seeing an increase in fees. Star is getting a lot of extras such as the Sheriffs office having 24 -7 access to Prosecutors and Saturday morning probable cause meetings. The Mayor asked if the City receives all citation fees or just those from the City code. The City receives 99% and it does encompass City and State Code. Ada County Assessor - The tax rolls for Star were reviewed. This is not just about growth, it is also increases in market value. In the primary roll the homeowners exemption goes to 75% and includes the land. A handout was given to the Council. Market value increased 67%. Residential is at 67% - parcel count increased 17%. Commercial market has jumped 78%. New construction has increased 163% more houses and more expensive homes. Residential - new homes is the bulk of new construction. Commercial is up 191%. Value for new subs is at 74%. Increase in existing prope1iies res 12% healthy growth. Commercial is 10%. Tax burden for 2005 - residential property is at 89% and commercial at 10%. The Mayor asked where the highest increase in assessed values were. It is in Meridian with 12.4%. The County number as a whole is 18%. Christopherson asked what the timeframe is for these assessments. These go by the calendar year. J Public Hearings: Dalton Property Annexation & Zoning - The Mayor reviewed procedures for the public hearing and explained where the prope1iy was located. The Mayor asked Council for any ex parte contact or conflicts of interest, hearing none the Mayor opened the public hearing. Applicant, Kent Brown of Bailey Engineering stated that he had recently annexed the prope1iy next to this property and the zoning of this prope1iy will be consistent with the surrounding properties. Staff - GianPaolo Mammone, stated that the map that was submitted to the Council was an older map. The adjacent prope1iy has been rezoned to an R-4, but it is not reflected on the map. The Mayor stated that a letter has been received from Craig Borchardt regarding this application. Public - Carol Chenowith, 11763 W. Darkwood Comi, Star, stated her prope1iy is right behind this one and wanted to know if they are going to leave the trees. The Mayor stated they would be required to provide a landscape plan. Chenowith stated that she would like the trees to stay. There is one dead tree and it is leaning now and she would like this taken down. Robin Jara, 11779 Darkwood Comi, Star stated that she is concerned with the traffic on Third Street and that it will be quite a bit of traffic. She wanted to know about stop signs, lights etc. The Mayor stated that the developer will be required to improve the road and explained that this 2  was an annexation to bring the property into the City. At the preliminary plat hearing } improvements to the roads will be discussed. Applicant - Brown stated that they are aware of some trees at the west end of the prope1iy. They do have to run a pressure irrigation line back there so he doesn't know if all the trees will stay. Traffic will be addressed at the preliminary plat. They will have a neighborhood meeting and many of these concerns can be addressed. The Mayor declared the public hearing closed and moved into deliberations. Christopherson believes this is straightforward. The Comp Plan talks about it being medium density as are the surrounding prope1iies. He thinks this application should be approved. Erlebach moved to approve File #AZ-RZ-06-04 the Dalton Prope1iy Annexation/Zone Change and Rezone to Residential (R-4), Christopherson seconded the motion. All aye: motion carried. Ordinance No. 154 Zoning Text Amendment - The Mayor explained the text amendment regarding buffer zones and declared the public hearing open. The Mayor read the amended addition to the Ordinance. Public - Marianne Saunders, 2230 Schriener stated that she wanted her paper to be part of record and, on behalf of the citizens who proposed the amendment, wanted a sentence included in the amendment. "There shall be a minimum placement every 10 linear feet and varying no more than ) 2 feet from the top of the berm, two trees, four shrubs and ground cover." See attached letter. The Mayor declared the public hearing closed. Erlebach asked who requested this and what was requested. The Mayor stated that Pam Slendorn and Kristin Battey made the request and the ordinance was what they requested. Christopherson thinks that it doesn't make sense to buffer two areas like this. It makes sense to buffer commercial and highways, especially when the larger prope1iies are outside the City. When those properties develop, you have a lot oflarge buffers and it doesn't create a community feel. Christopherson is not for this amendment. McDaniel stated that she can see both sides of this. She stated that if property does become developed there could be a large expense in accommodating those areas. She is opposed to this amendment. Erlebach agrees, this needs to be researched, he agrees there needs to be buffers between commercial. Erlebach moved to table this Ordinance until a later date. Christopherson is not in favor of leaving this open, we should not table, but not pass it. The Mayor stated that the motion should be to deny it if it's not coming back. The Mayor restated the motion to table the ordinance. McDaniel seconded the motion. McDaniel, Erlebach - aye: ) Christopherson - nay. Motion carried. 3 ) Pinewood Lakes Final Plats, Phases 7. Staff stated that the Council has an extra letter from Keller Associations, it is an updated checklist. The applicant did not have any comments. Christopherson stated that Phases 7 & 8 are substantially the same as the preliminary plat. Christopherson moved to approve the final plat of Pinewood Lakes Phase 7 (File #FP-06-09) with the 1-14 conditions, McDaniel seconded the motion. All aye: motion carried. Christopherson moved to approve the final plat of Pinewood Lakes Phase 8 (File #FP-06-10) with the same conditions 1-14, McDaniel seconded the motion. All aye: motion carried. Colt Carson Subdivision Phase 1 Final Plat - Staff stated that the Council has extra letters received from Keller Associates, Greg Tatko and Robert Johnson and Katy Slater. Chris Yorgason, legal counsel stated that this is not a public hearing and there are letters from the public. The question is, does final plat meet preliminary plat. Ellisa Masoth, representing Katy Slater stated that it was stated that public input would be taken at the January 3 meeting regarding this. She also submitted a letter for the record. Applicant - Becky McKay, Engineering Solutions, 150 E. Aiken, Eagle, stated that they are continuing to monitor ground water. They have 13 months worth of monitoring. This land was in hay last year. They have met with ACHD and their civil engineer to find the best way to handle storm drainage. There is one corner outside this phase next to drain that has the highest ) ground water reading but it is in a later phase. The phase before you does not touch the Foothills Ditch. McKay showed the plat overlaid on an aerial map. This phase is approximately 600 feet from Slater's south boundary. They have been working with the irrigation district. McKay met with Sam Rosti, who is on Board of Directors of Foothill Ditch and they met and walked the ditch. They talked about soils and the problems with Lobo Creek, they did not want that duplicated. McKay is working with all of the agencies. As far as wetland delineation, Phase 1 is a field, there are no wetlands. McKay has contacted Carl Gephmi regarding when he can staii a wetland delineation study. He is under a huge demand due to the flows of the Boise River. She is asking for a site meeting. All delineation reports will go to the Army Corp. His report for Heron River was accepted by Army Corp. McKay has talked with Ted Simmerman and they have dropped some lots and made others larger. Regarding Ellisa Masoth's letter the Army Corp review is not applicable to this phase; her concern is addressing the n01ihern nine acres. Regarding the drainage coming out of Star Acres, none of the drainage can pass Foothills Ditch to this phase. They followed all the rules and did everything that was required. McKay has read their market studies and doesn't think that it should be considered. McDaniel stated that there are concerns are about irrigation. McKay has met with the irrigation people regarding water coming out of Star acres. They have water that comes out and discharges on this property and all water is no1ih of Foothills Ditch. It will be discussed when the other prope1iy is brought before the Council. ) 4  McKay stated that the preliminary plat reflects three phases, but there could be four. The first ) phase delineated matches almost identically to the preliminary plat with the exception of a couple lots and they are wider. Erlebach asked about lot 5. McKay stated that it is a park with a play area, there are also pedestrian paths and a contiguous path to the north. The park has changed shape due to drainage. They will be using swales along Floating Feather. The Mayor asked if there were additional conditions from the Army Corp. McKay stated that there were none - it was a field and cultivated for years and years. McDaniel stated that they have an agreement with the irrigation district; the engineer has made a checklist of items to come into compliance with. She can't see anything that would hinder anything from going forward on this final plat. Christopherson agreed with McDaniel, it has not varied significantly other than being reduced from 53 to 49 lots. Christopherson moved to approve File #FP-06-01 the Colt Carson Final Plat - Phase One with the conditions of approval 1-15, Erlebach seconded the motion. All aye: motion carried. Discussion on Planning & Zoning Commission & Design Review Committee - The Mayor stated that 7D and 7E go hand in hand and we have information before you on these items. Christopherson stated that he can't come up with a reason to have a Planning and Zoning ) Commission. This is pretty much what this Council does now. He is not in favor or just adding more bureaucracy. McDaniel believes a Design Review Committee would be a good idea and maybe a P&Z Commission as the City grows. The Mayor stated that he doesn't have a problem with either one and can facilitate both. He suggested maybe one committee for both. The benefits for a P&Z Commission are additional eyes on projects and outside input, it also frees Council time. The drawbacks are debates on private property rights. It's a good check and balance system - like at the voting booths. It is an • added layer and adds time to the process. Christopherson looked over both Middleton's and Eagle's design review ordinances. He is against design review. He is concerned about people's prope1iy rights. Middleton segregates zones. The Mayor stated that everyone's perception is that we want it to be like Eagle's design review. Middleton's is new. Two years ago this was not wanted in the City. The Mayor asked Council if they want ordinances drafted to be in front of you or are you still in the mode that we are not ready for this. Erlebach stated that we need to have design review, but P&Z is taken care of. There are examples of why we need one. He is in favor of design review committee. 5  The Mayor asked whether the Council wanted an Ordinance creating a P&Z Commission and } separating it from the Council. Yorgason stated that the public hearings can be in front of P&Z Commission and then in front of Council or the public hearings can be waived in front of the Council. We will need to follow Idaho Code. We can have a Design Review Committee without it being a P&Z Commission - it could be the Council. Yorgason stated that the P&Z Commission can be made up of between 5-12 members and is proportionate to city limits and area of impact - population proportionate. McDaniel is in favor of this. Christopherson stated that he was not in favor of it, but if we do go towards this then lets go towards Middleton. McDaniel likes Middleton. Erlebach is okay as long as split between rural and city property. The Mayor asked staff and legal counsel to create an ordinance. John Tomkinson, 2393 Sunny Lane, Star, stated that the City contracts with the Police and the County has the library and we have a separate Sewer & Water District. Tomkinson stated that the Mayor stated that the only thing the City provides is planning. We do need a design review committee; we don't need a P & Z Commission. He stated that Christopherson was right. He has been on the Ada County P & Z Commission for four years. The Council needs to be accountable - we don't need the insulation. Ted Irregi, 9860 Pembridge, Star, stated that he feels like nobody wants to let loose of the control of what's going on. The assessor numbers are amazing and that should scare you at how fast this is going on and how fast it's taking place. Why are you afraid of this? It could include developers. If it's all developers it is a problem. We could have it taken care of and no one is run out of town. Better planning is nothing to be afraid of. What are you afraid of - utilize these people. Why does Middleton have committees and why does Eagle. The Mayor stated that Middleton has other issues as a jurisdiction. The Mayor stated that one of struggles is the City has not had the procedures in place for this type of participation. Jill Hettinger, 6177 Summerset Lane, Star, stated that the design review committee is the priority. The P&Z committee would help the frustrations. The Mayor stated that this will go through public hearings. Discussion on Initiative and Referendum - Yorgason explained that he did not know why this was never adopted as an ordinance before now. We need to make this happen. Yorgason explained that an initiative is citizens enacting legislation through the election process and a referendum is the repealing of legislation through an election process. Land use issues are not allowed through initiative process. Idaho Code has specific requirements for land use. Land use ordinances - subdivision, comp plan, moratorium - are not appropriate for the initiative process, but the process can be used for any other ordinance, like: curfew, noise etc. The Mayor asked to have it drafted by the next meeting. This will not require a public hearing. 6  Chappala Restaurant Beer and Wine License - Christopherson moved to approve the Beer & , ) Wine license for the Chapala Restaurant, Erlebach seconded the motion. All aye: motion carried. Reports: The Mayor introduces GianPaolo Mammone as the new Planning Director. The Mayor stated that this will be Chris Yorgason's last meeting with the City as legal counsel. Tammy Zokan will now be covering for him. The Mayor thanked Yorgason for his years of service. The Mayor stated that they hope to have construction documents by next week for the new City Hall. They will schedule pre-qualifications and let the bid at end of month. They are shooting for a ground breaking at the end of July or first of August. The YMCA will be moving in this Spring. The Mayor met with the YMCA board and they are very excited. Erlebach has talked to property owners to the east and they will improve the property. Star Mule Dar was a success. They will begin putting playground equipment in Blakehaven Park on June 181 along with the gazebo. Christopherson stated that the Economic Development Committee is working on the entry signs along with other items. Once they are finalized they will be presented to the Council. He attended an open house for the Highway 44 study and it went very well. McDaniel stated that she wanted to announce that the flows will increase again on the river. She \ stated that she wished she could have attended school board meeting tonight. Mayor read a letter from Grant and Joyce Lee about the donation of a building. It will be donated with everything as it now exists. The deadline for removal is July 1st. The Lees will get a charitable contribution letter. This is a $3-400,000 donation to the City. Adjournment: McDaniel moved to adjourn the meeting, Erlebach seconded the motion. All aye: motion carried. The meeting was adjourned at 9:05 pm. ,, Res,pe�tfully submitted: Approved: � Nathan Mitchell, Mayor ) 7