City Council Regular Meeting

City of Star Meeting Minutes February 6, 2007 The regular meeting of the Star City Council was called to order at 7:00 pm at the Star Fire Station. Mayor Nathan Mitchell called the meeting to order and all stood for the Pledge of Allegiance. Roll Call: Council persons Tammy McDaniel, Dustin Christopherson, Tom Erlebach and Chad Bell were all present. Approval of Agenda: Bell moved to approve the agenda, Erlebach seconded the motion. All ayes: motion carried. Consent Agenda: McDaniel moved to approve the Consent Agenda, Christopherson seconded the motion. The Consent Agenda consisted of Approval of January 2, 2007 Regular Meeting Minutes, Claims Against the City for January 2007, Findings of Fact and Conclusions of Law for Rockbridge Crossing Preliminary/Final Plat, Plummer Subdivision Condo Plat and Foothills Crossing Annexation/Zone/Preliminary Plat and Rockbridge Crossing Landscaping Plan. All ayes: motion carried. Public Input: Irene Wilson, 864 N. Star Road, stated there are kids looking for a place to skateboard. She asked if the City had anything planned. Councilman Erlebach, liaison for the Parks and Recreation Committee, stated there is nothing planned at present. He would be willing to talk to the Community Church about hosting a skateboard night. Mayor Mitchell reiterated they can make another attempt to have the Church open the community center back up for skateboarding. Morris Campbell, 3251 Wing Road, stated he wanted to talk about the development going on destroying his life style. Word is out that the Council will grant everything developers want. He asked if they will continue to allow developers to destroy the essence of Star, historical buildings, cutting of old trees, neighbor’s views, and wildlife habitat. The City wouldn’t need donated school sites if they didn’t allow development. Campbell asked if there was anything they wouldn’t allow; allowing all this development destroys what makes Star, Star. Public Hearings: The Mayor reviewed the procedures for public hearings. Collina Vista Park Review/Discussion – Mayor Mitchell explained this park review was before them as it was a requirement of Collina Vista’s Development Agreement. The Mayor opened the public hearing and asked the Council if they had any conflicts of interest or ex parte contact, hearing none the Mayor asked the applicant to speak. 1 Applicant – Warren Kirk, Peterson Development, Salt Lake City, Utah explained the park will be developed in two phases with phase 1 consisting of 3 ½ acres; which will go in with phase one of the development. The draft plan of phase one includes a tot lot with a protective border, a basketball court, a parking lot and an open area for field games. Cost breakdowns on different options were in council packets. He was before the Council requesting input on what they would like to see in the park. Kirk pointed out they also had a draft proposal for landscaping of the 7 ½ feet of trail on their western boundary. The cost estimate is for developing the complete 15 foot wide trail (with an additional 7 ½ feet dedicated from neighboring development). ACHD is requiring them to have two access points to the development to the west, so the trail will be crossed twice and could create a hazard for walkers and bike riders. Kirk asked the Council if based on this information, did they still want this path from New Hope Road to the foothills. Also, did they want to start with the path or the park? He is concerned as to whether the City wants to incur this kind of cost and the maintenance of the trail. Bell stated he knew the City had agreed to reimburse costs for park improvements, but asked if they had agreed to reimburse improvements to the trail. Mayor Mitchell explained one of the conditions in the development agreement was they would dedicate the trail to the City and be reimbursed for cost of improvements at cost. The City can either put in the improvements or reimburse the developer. Kirk read section 3.1.6 of the development agreement explaining reimbursement. Erlebach asked if they would be putting their half in separate from the neighboring development. Kirk explained they have been in discussions with the adjoining property and they will develop the trail together. Kirk again asked if there was a reason for this expense and was concerned with safety and maintenance now that ACHD wants two connections. Bell asked if the estimate for was for 7 ½ or 15 feet. Kirk stated for 15 feet. Bell questioned if ACHD was going to allow them access off of New Hope Road into the park parking lot. Kirk stated they would not be allowed access off New Hope; if the Council wanted more parking they could enlarge the northern parking lot. They envision the open field for soccer or baseball, with a basketball court at the top. The restroom indicated at the top would be built at a later date, although plumbing would be stubbed in with infrastructure. Grass and trees would be put in during the first phase. Christopherson asked how many would the play area accommodate; Kirk replied they are estimating 12 to 13 points of interest. Christopherson stated he felt two benches near the play area were not enough and felt it needs to have at least five benches as the play area is usually the focal point of a park. He questioned whether the east side of park was just an open area. Kirk stated that due to its natural contours they are looking at it being open with possibly a natural amphitheater and field game activity areas. For now it is left open to allow for later development; they are currently looking for what the Council wants in the first phase of the park. Christopherson stated he would like to see some trees planted around the pathway on the east side of park. Kirk stated he would make a note of this for future development. Erlebach stated he understands they can add more at a later date. Mayor 2 Mitchell reiterated they need to concentrate on what they want in phase 1. Kirk pointed out the only thing required is the tot lot and they are looking at adding more. Erlebach asked if developer or the City would approve the tot lot design. Kirk stated they are willing to work with the City on what to put in. The Mayor stated the Council can decide how they want the process to be and reminded them that at this time the Council needs to decide if they want more than the tot lot put in and if they want the trail to the west included. Kirk recommended they provide, in addition to the tot lot, the basketball court, backstops and benches. The grass and trees should be allowed to develop before allow useage. He asked the Council to decide how much trail they wanted put in and what and how much they wanted them to put in. Erlebach asked what the budget constraints were. Kirk read section 3.1.5 and 3.1.6 from the Development Agreement, which explained the reimbursement process. The only cost not broken down is 50% of the irrigated area. He suggested there be no parking until they get more than the first phase. McDaniel asked if this was a rough estimate of the complete project. The Mayor stated yes, but they have agreed to pay off the invoices not necessarily the total amount presented. Erlebach asked if this cost estimate included grading. Kirk stated they didn’t think there would be a lot of grading on the west portion but there are more contours to the east. The Mayor pointed out they will have to show justification of the dollar amounts; legal counsel agreed. Bell asked how they planned to do turf irrigation without grading. Kirk stated grading is part of park preparation. Bell stated he had understood they would go 50/50 on the irrigation. The Mayor reiterated they agreed to full reimbursement. Bell asked Kirk if he believed these cost estimates included grading. Kirk replied no, not for the irrigated turf. There will be some grading done when putting in the basketball court. Erlebach wanted it noted he did not want to see any of the soil removed from the property. Kirk stated they did not plan on hauling any off the property. McDaniel stated she was concerned with the two roads crossing the walking path. The Mayor stated he didn’t feel it should be a major concern because they were not collector roads. The trail was originally created because there was talk about having it for equestrian use, but it could be used for other purposes. McDaniel asked if the development of the trail will be done with park impact fees. The Mayor stated that was correct. Erlebach questioned who would be maintaining the trail. The Mayor pointed out that after it was dedicated to the City, the City would be responsible for the maintenance. It should be planted with natural grasses and decomposed granite for low maintenance. The Mayor pointed out that if the Council wanted to entertain dropping the trail it would require amending the preliminary plat. They could have the trail developed as part of the second phase. Kirk asked if they were to eliminate the trail was it their intent to make the bordering lots 7 ½ feet deeper. The Mayor replied it was. 3 Bell stated he was fine with proceeding as is and didn’t feel they wanted to eliminate the 7 ½ feet of trail. Mayor Mitchell asked for Public Input. Morris Campbell, 3251 Wing Road, stated he felt the developer owed the community an apology. They brag about having many trees and the first thing they did was knock down existing trees and then burn them during a yellow alert. It seemed to him that some architect could have incorporated the old trees into the development. He would like an answer as to why they had to come down. Pam Slendorn, (from the audience), asked if the fence to the north would be open or a privacy fence. Randy Thompson, 11523 Streamview, pointed out most of the trees that came down were where they would be widening the road. The trees to the north were dead and had woodchuck eating their roots. They were a hazard. A citizen from the audience asked where this property being discussed was located. The Mayor explained its location. George Gillis, 3401 N. Pollard, pointed out that in a lot of cases the trees are cottonwood and usually when they are taken down they find center rot in them. He stated he felt if anything was to get this development it would be water reapportionment. Because there will be less agriculture, they may not get to keep the water they get now if the water gets reapportioned. He stated the trees needed replaced – they only a certain life span. Rebuttal – Warren Kirk stated he appreciated the people understanding the tree concerns. They had operated within government regulations while removing the trees and apologized for offending anyone. Mayor Mitchell declared the public hearing closed and moved to deliberations. He stated they can approve, approve with conditions, or table the plans for the park. It is their intent to start the development this spring. McDaniel stated that other than the parking to the south needing to be moved she liked the design and was in favor of approval. Bell stated he felt they should approve design with ball courts and benches. He is concerned with the play area and would like to condition approval that they maintain final authority over the design of the tot lot. He would like to move forward with phase 1. Christopherson agreed with Bell and stated he felt they should include the trail with phase 1. Bell stated he felt it was a separate issue and the Mayor pointed out it was up to them to decide. 4 Erlebach stated he felt they should develop the trail now and would like to see the City pursue purchasing the BLM ground above this development. He would also like to see the hardscape to the restrooms put in and the tot lot needs to be handicap accessible. Christopherson moved to approve the master plan for the Collina Vista Park, with plans as noted and to include the 15 foot walking trail. Bell asked if they could add they would review design of the tot lot and the type of fencing for the 15 foot trail. Christopherson amended his motion, McDaniel seconded the motion. Erlebach asked if they could condition that no earth could be removed from the location. The Mayor stated he hated to limit themselves in case they found something that needed to be removed. McDaniel asked if they were covered with the parking lot. The Mayor stated they were covered by ACHD not allowing them entrance to the park off of New Hope Road. They can either enlarge the top parking lot or create another one off one of the side streets. All ayes: motion carried. Comp Plan Map Amendment/Annexation/Zoning – Mac Land Company, LLC - The Mayor opened the public hearing and asked the Council if they had any conflicts of interest or exparte contact, hearing none the Mayor asked the applicant to speak. Applicant – Becky McKay, Engineering Solutions, came before the Council and stated she needed to leave to attend a meeting in Meridian. She would leave it up to the Council if they wanted her to give a quick review or if they would like to table this public hearing to the next council meeting. McDaniel stated she would prefer hearing everything on the same night. Christopherson moved to postpone the public hearing for Mac Land Company, LLC application for a comp plan map amendment, annexation, and zoning to February 20, 2007 at 7:00 pm at the Star Fire Station, McDaniel seconded the motion. Mayor Mitchell informed the public that the motion serves as notice of the public hearing and there would be no further notices sent or posted. All ayes: motion carried. Ordinance No. 171 Noise Ordinance Amendment - Mayor Mitchell declared the public hearing for the Noise Ordinance Amendment open. The Mayor explained this ordinance amendment is being proposed due to some citizens’ complaints and concerns with noises late at night. He read the proposed amendments being considered. He noted that the repetitive motor sounds discussed in Section 3- L dealt with noise in a residential area. This public hearing purpose was to get citizen input. Mayor Mitchell asked for public input. Hearing none Mayor Mitchell declared the public hearing closed. New Business: Mission/Goals Review for School Committee – Christopherson moved to approve the Mission and Goals guidelines before them, Bell seconded the motion. A citizen in the audience asked if it would be possible to have a spot or a webpage added to the City webpage for committee notes and minutes. The Mayor stated it could be possible, asked Christopherson to make note of it, and informed them he is planning on having each 5 committee make a report at the council meetings. All ayes: motion carried. A citizen in the audience asked how the committee will be activated. The Mayor stated a letter will be sent to each committee member. Ordinance No. 173 Amending Vendor, Solicitor, Merchant Permit – The Mayor explained Ordinance No. 173 was adding Section 8 Bond Requirements and Section 9 Investigation of Applicant and changes the following section numbering. Christopherson asked what the purpose for a bond was. Legal counsel stated it was like insurance in case of damages. It is a small amount of protection which can be collected from a bonds man to cover damages. Erlebach asked if it pertained only to City property or covered the City limits; and wondered if it included Mule Days. The Mayor stated it covered the City limits and all vendors, included vendors for Mule Days. Erlebach asked if they could exclude Mule Days vendors as it may discourage vendors from participating. Legal Counsel stated he wouldn’t recommend doing that. The Mayor pointed out the Council would retain authority to not require bonding for a special event. McDaniel asked if investigations would also be required for vendors at Mule Days. The Mayor informed her it would. Erlebach asked if there was a timeframe for the vendors to be applying for the permits. The Mayor pointed out the City has a process for vendor permits. If someone was to show up the day before the event they will be told no. Erlebach asked if the Mule Days Committee could apply for this as a group. Mayor Mitchell said he would talk to the Chamber of Commerce regarding this issue. Review/Approval of WRG Amended Contract Request – The Mayor informed them WRG is requesting an additional $6,000.00 for updating the Comprehensive Plan. Legal Council pointed out it looked like they are asking for $11,568, but when he added up the budget overage of $4,567.50 and the additional funding requested of $6,000.00 it added up to $10,567.50. The Mayor pointed out they have $4,800.00 remaining in another category that looks as if they may not be requesting, so it would technically be only $6,000.00 more. Christopherson stated he felt they were doing a good job and this amount was not out of line. Christopherson moved to approve an additional $10, 568.00 to WRG’s contract, McDaniel seconded the motion. Erlebach questioned what the additional funds were for. The Mayor stated it was to cover additional cost incurred as they have asked more of Jerome Mapp and the Committee is meeting twice a month instead of once as was originally planned. Erlebach asked if they could ask for additional funds a number of more times. The Mayor replied they could, but he felt this would be the total of the budget unless they were to request more changes from Mr. Mapp. All ayes: motion carried. Ordinances & Resolutions: 6 Ordinance No. 171 Amended Noise Ordinance – A citizen in the audience asked if the Mayor could reopen the public hearing for comments. After approval from legal counsel, Mayor Mitchell reopened the public hearing for Ordinance No. 17l for public comment. Frank Turner, 234 N. Devon, stated he felt this seemed like overkill to eliminate noise 24 hours a day and wondered how this affected businesses, such as the repair shops. The Mayor pointed out the ordinance specified residential areas not the business areas. Legal counsel pointed out it addresses noise defined as excessive. Mayor Mitchell stated that in laymen terms excessive would be when someone complains and then it would be a judgment call on by the responding officer. Legal counsel stated it follows the state standard. 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. 171 be considered after reading once by title only, Christopherson seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell – all ayes: motion carried. Christopherson moved to approve Ordinance No. 171 an Ordinance of the City of Star, Idaho amending Ordinance No. 115 by providing for additional noise abatement of motor vehicles within the City of Star, Idaho; providing time limitations on certain specific noises; 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 and Bell – all ayes: motion carries. Ordinances No. 172 Foothills Crossing Annexation & Zone – 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. 172 be considered after reading once by title only, Erlebach seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell – all ayes: motion carried. McDaniel moved to approve Ordinance No. 172 an Ordinance annexing to the City of Star certain real property located in the unincorporated area of Canyon County, Idaho, and contiguous to the City of Star; establishing the zoning classification of the annexed property as Residential (R-3) of approximately 178.81 acres; directing that certified copies of this Ordinance be filed as provided by law; providing for related matters; and providing for an effective date, Bell seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell – all ayes: motion carries. Ordinances No. 173 Amended Vendor, Solicitor, Merchant Permit – 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. 173 be considered after reading once by title only, Christopherson seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell – all ayes: motion carried. 7 Bell moved to approve Ordinance No. 173 an Ordinance of the City of Star, Idaho, amending Ordinance No. 136, Vendor, Solicitor, Merchant Permit, adding Section 8 Bonding Requirements; adding Section 9 Investigation of Applicant; providing for appeal timeline; providing for related matters; and providing for an effective date, Erlebach seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell – all ayes: motion carries. Mayor Mitchell asked Legal Counsel if they could pass the dispensing rule, Idaho Code, section 50-02, one time for multiple ordinances and then pass each ordinance individually. Legal counsel stated he saw no reason why it could not be done. Mayor Mitchell introduced the new City Planner, Mary Shaw Taylor. Reports: Staff – Nothing to report. Council - McDaniel stated she had nothing to report. - Christopherson reported the Economic Development Committee meeting went well and they had given feedback to Jerome Mapp on the Economic Development section of the Comp Plan. He informed them the Economic Committee is changing their meeting times from the 2nd Tuesday of the month to the 2nd Thursday at the Senior Center. - Erlebach reported he had spent the last two days in a seminar on national playground safety. The City will need to keep a record of playground inspections and maintenance. - Bell reported he has been meeting with parties in negotiation for a school site for a high school and middle school. Things have gone south and he is upset with the school district for changing negotiations. He will be staying involved. He has been invited to teach the government classes at Eagle High School this Friday. Mayor – Mayor Mitchell informed the Council that this Friday, February 9th at 1:30 there is a meeting at Canyon County for a discussion of Star annexing into Canyon County. One issue to be discussed is who will do the addressing for this area. He reminded the Council of the retreat next week. He attended the Star Volunteer Firefighters Banquet at which they honored Vi Blake and Blake Trailers for providing shotguns for the Pheasant Hunters Breakfast raffle for the past 29 years. They also honored Jane Raynor and Marie Willis for their years of assistance. The association has been growing stronger in the last six months and now has 28 volunteers. The Mayor recommended everyone to pay attention to some of the legislative items coming up. Erlebach questioned what was going on with the River Birch Golf Course. The Mayor explained he has held a discussion with the developers regarding taking out the golf course 8 and changing it to residential. Concerns discussed were the developers needing to talk extensively with the Trellis homeowners, they have a non farm agreement with the County which has a 15 year restriction from development, and the subdivision has a private sewer system that is experiencing problems. When the Mac Land property is annexed the golf course will become contiguous to the City. Erlebach asked if sewer and water can jump across without the City annexing them in. The Mayor informed them they could. He has also met with some of the homeowners asking to discuss the process involved. Adjournment: McDaniel moved to adjourn the meeting, Erlebach seconded the motion. The meeting adjourned at 9:00 pm. Respectfully submitted: Approved: __________________________ ________________________ Kathleen Hutton, Deputy Clerk Nathan Mitchell, Mayor 9