City Council Regular Meeting

Star City Council Meeting Minutes September 18, 2007 The regular meeting of the Star City Council was held on September 18, 2007 at the Star Fire Station at 7:00 pm. 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 present. Approval of Agenda: Christopherson requested item 4-C Contract For New Web Page be removed from the Consent Agenda and moved to item 7-C; and moved to approve the agenda, McDaniel seconded the motion. All ayes: motion carried. Consent Agenda: Bell moved to approve the amended Consent Agenda, McDaniel seconded the motion. The Consent Agenda consisted of approval of August 29, 2007 Special Meeting Minutes, September 4, 2007 Regular Meeting Minutes, Time Extension Requests for Rockbridge Subdivision and Montelena Subdivision, and Findings of Fact & Conclusions of Law for Claymont Subdivision, Hadley Property, BM Star Property, and Taurus Village. All ayes: motion carried. Public Input / Presentations: Star Police Report – Sergeant Ramage gave the Mayor and each Council person a copy of the August Crime Report and noted there had been nothing out of the ordinary in August. The Department has implemented an increase in construction checks county-wide and they have noted a decrease in construction theft. Committee Reports – Economic Development Committee: Brian Dickens, 10984 W. Box Canyon Street, Star, spoke regarding the gateway entry signs to the City. He displayed a model of the proposed entry signs and gave a brief history of how this model was chosen. Dickens stated they sent drawings to several people and Bernie Hart, Sculptures by BJH, was the lone bidder on metal work, with a bid of $50,000.00 for four signs. Jim Hallenburg has submitted a bid for the stonework on the entry signs of $40,000.00 for all four signs. These bids did not include the foundation, landscaping or lighting. They are proposing to place the two large signs, 17 feet height with an eight foot star, at the east and west entrances into town. Smaller versions, eight feet in height with a four foot star, are being proposed for the entrances from the south and north. Dickens noted they had made one change to the signs from the draft approved by the majority of citizens, and it was the removal of the knobs. It was pointed out to them that the knobs made it look too much like a ship’s wheel. The star and lettering will be a brilliant gold, and the year will appear on the actual entry signs. It was noted there will be a shelf at the top of the stone work. Erlebach questioned if they would be using river rock or inlaid rock. Mullenberg stated it was their intent to use river rock. They used inlaid rock for the model due to the smaller size. 1 Hart noted the bid did not include the cost of purchasing river rock, as she understood the City already had it. Bell asked if the bid was for the upper tier of the sign in the picture only. Mullenberg stated it was. Dickens stated they were not planning on the lower tier as it would make the sign too high. Dickens pointed out they still need to get bids on the landscaping and lighting. The Committee needs to know how much the City is willing to put forth so they can pursue grants. The Committee is looking into a Gem Community grant. The Mayor asked Dickens if the EDC Committee had identified locations for the entry signs. Dickens stated that Corinthian Homes has a possible parcel at the west entrance of town. To the east they want to get as close to Palmer Lane as they can. They would like a location to the north near the golf course and to the south on the south side of the river. Erlebach asked if the signs could be made portable in case they would need to be moved. Dickens stated it could be possible if they left the grommets attached. Bell asked if the upper portion would be all metal. Hart stated it would be and any color would be powder coated. Mayor Mitchell stated they would pursue this further when the EDC Committee gives them more details regarding figures. Parks and Recreation Committee: Erika Bendickson Jones, 485 N. Hullen Place, Star, stated she wanted to share some of the ideas the Committee were working on. 1) They would like to have recreation based classes in the spring. 2) She asked if it would be possible to use the rooms upstairs in the new city hall. The Mayor explained the upstairs was just a shell, but they would make available what they have. 3) Jones asked if there were police available to monitor the park facilities. The Mayor explained they had budgeted for possibly an additional officer, a part-time park person and for more maintenance. 4) Jones stated they would like to work on land acquisition. Developers need to be made aware they may be asked for land and amenities when they submit plans. She wondered if this could possibly be done with an ordinance. 5) They are looking at an aquatic playground in Blake Haven Park and hope to have in place next summer. 6) They would like to see land ear marked in the core of town for a recreation center. 7) They feel the park at Westpointe could best be utilized as quiet space. They suggest having citizen donate trees and benches to develop it. The Mayor explained the Council had looked at concept plans presented from the Homeowners Association, but the land had not yet be deeded to the City. 8) Jones stated they would like to see the first thing going into the park at Collina be a sports field and basketball court. The Mayor noted the developer was in the process of constructing them now. 9) Jones stated they realized it could take twenty years to build up the trail system. They would like to see it developed between Highway 16 and CanAda Road, along Floating Feather and Plummer, and over State Street. 10) Jones stated their biggest concern was to get something in place so Developers became aware of what they are looking at. Mayor Mitchell stated they will 2 address this when they rewrite the zoning and subdivision ordinances. He stated he would get information to her regarding the availability of the building for classes. Allied Waste Presentation – Rachael Kline, Allied Waste, 1101 W. Executive, Boise, explained the increase in fees is a direct pass through fee from the landfill and would be effective October 1, 2007. She explained the costs of putting in the new landfill cell went over budget and so fees were being increased to cover the costs. Fees for the City will increase from $15.72 to $16.87; of the $1.15 increase $1.06 will go to Allied Waste and $.09 will go toward franchise fees. Currently all homeowners in Star pay at the cart rate; she would like to see the City consider different rates based on usage generated. Kline explained how the money collected will be distributed among costs. Erlebach asked what programs Allied Waste has implemented to help eliminate waste going to the landfill. Kline stated they are encouraging business recycling and there has been an increase in residential recycling. They are investing in green waste to compost by getting EPA certified and are looking for a compost site. Mayor Mitchell asked for questions from the public. Gary Smith asked what could be recycled. Kline listed all household paper, card board, plastics 1-7, tin cans, newspapers, magazines, and telephone books as items that could be recycled. Smith asked about Kline’s comment that Allied Waste hadn’t seen this coming. Kline stated they didn’t see the fee rate increase coming due to an increase two years ago, at which time it was thought it would cover the cost of the new cell. Terry Malarkey asked who would collect the waste in Canyon County on property that has been annexed into the City. Kline noted they are very county divided and waste generated in Canyon County goes to the Canyon County landfill. Mayor Mitchell asked when the fee increase would take effect. Kline stated it would be effective October 1, 2007. Gary Smith asked if there was an additional charge to recycle. Kline stated citizens were already paying for this service. Public Input – No one from the public chose to speak. Public Hearings: The Mayor reviewed the procedures for public hearings. Trails End Preliminary Plat – The Mayor explained this parcel was 1.27 acres and was already in the City limits. It is currently zoned R-4 and they are proposing to build five residential lots and one common lot. Mayor Mitchell opened the public hearing and asked the Council if they had any conflicts of interest or ex parte contact. Councilman Bell recused himself explaining he lives across the street from this property; that he had previously seen the plans and had discussed them with the owners and their engineer. 3 The Mayor asked the applicant to speak. Applicant – Jimmy and Erwin Markham, 11553 W. 3rd Street, Star, explained they are proposing to build five homes, each will be a quarter acre, and all will have access off a common driveway off Third Street. McDaniel asked regarding the landscaping, if they planned to comply with the zoning ordinance requiring trees to be planted every 35 feet. Markham stated they would do what is required of them. Erlebach asked about their existing source of water for irrigation. Markham stated they would be putting in a pressurized storage tank for irrigation water and homes would be connected to the city water. Erlebach asked if they had talked to the property owners south of them to see if they would like the road extended to their property. Markham stated they had and he could not decide, but the owner east of them would like to have access off their road. Erlebach asked if the owner to the south wanted access, will he be able to get it. Markham stated she believed the engineer is designing the road so they can. Markham noted the jag in the road was designed and approved by the fire department so they can turn around. The Mayor pointed out this will be a private road and the homeowners will own it. Erlebach questioned the application stating water will be supplied from United Water. The Mayor stated it had been corrected by a letter from the engineer and water will be supplied by the Star Sewer and Water District. Erlebach asked if the homes would be permanent or trailer homes. Markham stated they are planning on building 1,400 square foot stick homes that will be affordable. Christopherson noted the staff report said they had one neighborhood meeting and only one neighbor attended, whom he assumed was Bell. Markham stated that was correct. Markham stated she has run the assisted living home in Star for 25 years and wondered if they were having a problem with it. The Mayor assured her he had not received any complaints regarding the assisted living home. Staff – Mary Shaw Taylor pointed out the letter of intent did not address the items called out by Keller Associates. As the engineer was not present the owners may not have had a chance to review the letter. Taylor recommended the Council may want to table the application until the items can be addressed. Mayor Mitchell noted the items are technical items and the Council could choose to table the application or approve it with conditions. Markham stated she felt most of the items had already been addressed. The Mayor stated all but item number eight, regarding elevations, had been. Markham stated she felt the engineers had addressed this. Jeremy Fielding, engineer representing the Markhams, stated he had not seen the letter from Keller Associates. In regards to the irrigation water the property has water service for six hours on Saturday. They plan on creating a sump to collect the water and pump it out for irrigating. Fielding stated they will do what is required of them for landscaping. He pointed out the road will be a public road. ACHD will allow it to be 42 feet wide, so they are planning on a 50 foot entrance that will become a 42 foot road. They are planning to have two foot curbs with swells. It is their intent to stay with the current elevations. He stated the neighbor has stated he did not want a road joining this property with his. 4 Mayor Mitchell asked Fielding if he had talked with ACHD regarding swells. Fielding stated he had not as they are in preliminary phase. The Mayor recommended he discuss this with them as ACHD is getting away from putting in swells. Mayor Mitchell asked for Public Input. No public testimony was given. Mayor Mitchell declared the public hearing closed and moved to deliberations. Christopherson stated he felt the preliminary plat was straight forward and they could approval with condition stating they’ll comply with the engineer’s conditions. Christopherson moved to approve File PP 07-06 Trails End Preliminary Plat with conditions 1-13, McDaniel seconded the motion. All ayes: motion carried. Lenzi Waiver Request – Mayor Mitchell recused himself, noting this property is next to his property and asked Council President Bell to take over this portion of the meeting. Council President Bell opened the public hearing and asked the Council if they had any conflicts of interest or ex parte contact, hearing none, Bell asked the applicant to speak. Applicant – Mike Lenzi, 500 N. Star Road, Star, stated he planned to build a three bedroom, two bath, 1,900 square foot two-story home with a garage on his property on Main Street. The lot is 45.6 feet wide and the house will be 35 feet wide: therefore, he is asking for five foot setbacks to accommodate the house. He stated he had held a neighborhood meeting and five people attended. He has talked with his neighbors and has submitted affidavits from his neighbors, stating they agree with the setback request, for the Council’s information. Bell asked if the picture submitted was the house he intended to build. Lenzi stated it was, except it will have a two car garage instead of three. Staff – Mary Shaw Taylor had nothing to add. Council President Bell asked for public input. No public testimony was given. Council President Bell declared the public hearing closed and moved to deliberations. Christopherson stated the reason for setbacks is to make sure they don’t impose on their neighbors. He felt they should approve the application. Christopherson moved to approve File WV 07-06 Lenzi Waiver Request, Erlebach seconded the motion. All ayes: motion carried. Comprehensive Plan & Map – Mayor Mitchell declared the public hearing re-opened. Mayor Mitchell asked for public input. Mayor Mitchell clarified for the record that preliminary plats are for one year not two, as he had stated at the previous hearing. 5 John Moody, 3382 N. Verdant Place, Star, explained that at the last hearing he had spoken regarding the proposed zoning of mixed use along Highway 16 at Beacon Light. He did not feel there was enough room between the Trellis Subdivision and Highway 16 for development or that there was any way they would get access off of Highway 16. The only access would be through the subdivision, which might create a fire hazard. Moody presented maps showing the current low density, what ITD’s plan for the area are with regards to a frontage road, and showing possible buffers for the existing homes. He explained if they were to put a 200 foot buffer around the subdivision it would only leave 110 to 180 feet of buildable space, and if the access was through the subdivision it would not readily be doable. He felt there should be R-1 around the subdivision except where the City is proposing mixed use and it should be R-1 to R-2. Chris Danley, 2303 W. Gloxcester, Eagle, stated he was here representing Ada County Highway District, and read into the record a letter from ACHD dated September 11, 2007. ACHD’s comments dealt with the formula for forecasting growth, the roadway map needing to reflect all roadways throughout the area, and the possibility of a bridge crossing for CanAda Road not being feasible. Mayor Mitchell noted that the bridge at CanAda was from an ACHD proposal; if they do not want the bridge the City would be happy to take it out. The graph forecasting growth uses COMPASS figures. The Mayor stated they would take into account their roadway map comments. Danley stated the comments were simply for the record; and they realized the Committee was comfortable with numbers in the middle. Bell commented it was never the Council’s idea to put a bridge at CanAda Road, but the concept came from information brought to them. He would like to see the crossing of Highway 16 in the near future. Danley noted the signal crossing on State Street was being worked out between ITD and ACHD. Van Elg, 462 E. Shore, Eagle, stated he is representing The Land Group, who are representing the owners of the golf course. He stated he disagreed with Moody’s comments and felt there are other options that exist for access on the side. He felt medium density did not make sense along a major highway. Elg stated this was prime ground for development and he would like to see the Council keep the proposed mix use designation. Mayor Mitchell noted they had also received comment letters from COMPASS dated September 4, 2007 addressing document text and from Nelson Properties dated September 5, 2007 stating they felt mixed use was an appropriate designation along Highway 16. Bell stated he was comfortable with the actual document and felt they were getting down to refining the map. He stated he would like to see the mixed use designation stay along Highway 16 as it would allow for more flexibility; otherwise, he was comfortable with the rest of the map. Mayor Mitchell explained the map in front of the Council is updated from the last public hearing except for along Highway 16 as there were still concerns. 6 Christopherson stated he had found some minor corrections to be made to the draft. 1) Table 13 should be moved to under Section 3.2.10. 2) Second paragraph under Section 3.2.10 reads “As shown in Table 17” should be changed to “As shown in Table 13”. 3) Under Section 5.5.5 a period should be added after “Commercial, retail,….zoning classification.” 4) Remove extra space in front of Section 7.1.10, Policies 1.a. 5) Section 10.1.2 should read “Existing Facilities” instead of “Exiting Facilities”. He also would like to see commercial along State Street instead of ten units per acre density; liked the higher density in town; liked the mix use designation along Highway 16; and liked the lower density farther out of town. McDaniel stated she also would like to see Highway 16 designated mixed use to allow for more flexibility and believed there are ways to accommodate the infrastructure. Otherwise, she felt the map looked good, but was concerned with the items in COMPASS’s letter. She asked what could be done regarding impact fees in Canyon County. Mayor Mitchell explained the Council had discussed this item at their workshop in Cascade. They are looking at exploring their options. He noted Canyon County has adopted Ada County’s standard for the areas in Canyon County annexed into the City. Bell noted he agreed with having changed Star Road to the river to a mixed use designation. Mayor Mitchell noted Charles Trainer’s comment regarding page 0-14 of the draft document stating the City’s base economy was agriculture when our numbers state differently. He stated there had been some excellent comments and they obviously need to do some rewriting. He noted he felt a mix use designation east of Highway 16 was justified due to the State Street and Highway 16 corridor, rather then the medium-high density indicated on the map. He like the neighborhood commercial pockets and felt they were good planning; and would like to see City encourage more commercial pockets versus strip malls. Mayor Mitchell thanked the Comprehensive Plan Committee for their time and energy in creating this document and recommended adopting it. McDaniel stated the Middleton School District should be included under schools. The Mayor stated he would mention it to Mapp. Bell state every City should plan for some high density and felt it made sense along major road corridors. He agreed they needed to approve the document and move onto rewriting the ordinances and creating a master park plan. Christopherson moved to approve the Comprehensive Plan dated August 2, 2007 with the appropriate clerical corrections and the Comprehensive Plan Map dated September 12, 2007, Erlebach seconded the motion. All ayes: motion carried. 7 New Business: East Canyon Final Plat – Christopherson moved that pursuant to applicant’s request, to table East Canyon Final Plat to November 20, 2007 at 7:00 pm at the designated City of Star meeting location, Bell seconded the motion. All ayes: motion carried. Valley Regional Transit Agreement – The Mayor explained this was an annual agreement with Valley Regional Transit for bus service. He stated he has asked them to change the payment date to November 1, as October 1, was the first day of the new fiscal year. Christopherson asked what the increase in dues were. Bell explained the dues actually had reduced this year while there had been an increase in routes. Erlebach asked what the ridership number currently was. The Mayor stated he knew of three locals who were riding and he has been hearing positive comments. He asked Bell to get the numbers of the actual ridership. Bell stated he would, and noted that they are getting the word out regarding services. He had heard there they were having five citizens from Star continually. McDaniel asked what other methods, besides putting ads in the paper, were they using to get the word out. The Mayor state they were doing paper and radio ads and putting ads on the bus. He suggested we do a direct mailer to the Star citizens to help promote useage. Bell stated he had some flyers from which information could be gleaned. McDaniel moved to authorize the Mayor to sign the contract between Valley Regional Transit and the City of Star for annual dues and service contribution, Christopherson seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell – all ayes: motion carried. Contract For New Web Page – Christopherson wondered if the new web page would be eliminating everything on the City’s current web page. The Mayor stated they would use the framework already there and would be creating a more useful tool. Legal Counsel stated there were some sections of the contract he had issues with: Section 6 – He objected to sacrificing the deposit if certain information is not available within 30 days. He would recommend removing the sentence regarding thirty day time limit and replacing it with exercising due diligence. Section 10 – The deposit and contract price appear to be the same. Usually a deposit is a lesser figure. Section 8 – Need to add to the waiver of liability “other than for the negligence on the part of STICK AD.” Section 11 – The City cannot waive sovereign immunity, thus this sentence must be removed. Contract could stipulate the contract shall be governed by Idaho law. Section 12 – This section states they are not liable for anything if their work is faulty. Recommends having a standard sentence that “STICK AD shall perform all services in a professional and workmanlike manner….” 8 Mayor Mitchell asked Legal Counsel to make his corrections to the agreement. Christopherson stated it sounded like they had created a standard contract with no modification. He feels they should approve it as long as they keep the infrastructure the City currently has. Christopherson moved to approve $500.00 for the Stick Ad contract with the condition the contract be changed per recommendations of legal counsel and to authorize the Mayor to sign the contract, McDaniel seconded the motion. All ayes: motion carried. Reports: Staff – Taylor noted Legal Counsel has asked to have landscape bids back by October 1, 2007 for Lakeshore Subdivision. Legal Counsel – Fitzer informed the Council that BBLC and BBLC membership are going into a mediation discussion regarding Lakeshore. The receiver is now suggesting they not execute a security agreement until after discussion. Fitzer has asked to be a part of the mediation to represent the City, but he does not expect to be allowed to. He noted he needs the landscape bids for the mediation on October 5, 1007. Council – Bell stated he will be attending the Valley Regional Transit Board Meeting Wednesday. - Christopherson stated he met with the Economic Development Committee last Thursday and they discussed the entry signs. They also discussed what the next step will be and how to boost membership. Mayor – Mayor Mitchell informed the Council the interior of City Hall should be done next week. The concrete around the swings has been poured at Blake Park and they will be putting down the chips. He noted the Chamber is hosting the Northwest BBQ Association BBQ Cookoff and farmers market this weekend. They will be having Saturday’s movie night on Friday due to the cookoff. The City has received several letters of appreciation for the efforts of our City firemen in fighting the fires in Yellow Pine and Ketchum. The City is working on having city hall’s grand opening in conjunction with the Firemen’s Pheasant Hunter’s Breakfast. In regards to the Blue Print For Good Growth, Boise City, ACHD, and Ada County are financing them. The City of Star is participating but not financially. Adjournment: Bell moved to adjourn the meeting, Erlebach seconded the motion. All ayes: motion carried. The meeting adjourned at 9:45 pm. Respectfully submitted: Approved: __________________________ ________________________ Kathleen Hutton, Deputy Clerk Nathan Mitchell, Mayor 9