City Council Regular Meeting

Star City Council Meeting Minutes September 2, 2008 The regular meeting of the Star City Council was held on September 2, 2008 at the Star City Hall. Mayor Nathan Mitchell called the meeting to order at 7:00 pm and all stood for the Pledge of Allegiance. ROLL CALL: Councilpersons Tammy McDaniel, Dustin Christopherson, Tom Erlebach and Chad Bell were all present. APPROVAL OF THE AGENDA: Christopherson moved to approve the agenda; McDaniel seconded the motion. All ayes: motion carried. CONSENT AGENDA: The Consent Agenda consisted of approval of Claims Against the City and August 19, 2008 Regular Meeting Minutes. Bell moved to amend the Consent Agenda by moving Claims Against the City to be item 6-C and approve August 19, 2008 Regular Meeting Minutes, Erlebach seconded the motion. All ayes: motion carried. PUBLIC INPUT/PRESENTATIONS: Boise Trails Presentation – John Caywood with Boise River Trails Coalition, reviewed the coalition list of members, subcommittees, vision, and goals. They are currently looking at creating a path from Garden City to Eagle; and showed a possible path route extending to the bridge in Star. They are planning to incorporate interpretive sites into the trail system, as well as expanding opportunities by including the Boise River Water Trail. They are asking the City to help them fulfill their vision. Nathan Bentley with Ada County GIS, stated they are looking at land ownership for future land acquisition. He showed a slide of lands the state has set aside for pathways. Bentley stated it was great to see the City is already having a planned park along a possible pathway route. Staff, Mary Shaw Taylor stated she had attended the Boise Trails Coalition Meeting and had met with them separately. She had found out the river is currently being mapped to document the current state of the river and looking for possible sites for pedestrian walking and water paths. She noted that at the Council’s retreat in 2007 they considered creating a park master plan a priority. She would like to look at incorporating some of this information into the master plan and adding wording into the Comp Plan. The City could start with unpaved paths and work towards paving them later. Shaw Taylor stated she would put some language into the Council’s packets for the upcoming workshop. Caywood stated he could come and look at where easements are and get some visionaries or groups to take this on. The Mayor stated they would gather some people and see about taking it on. 1 Public Input – Gary Smith, 258 S. Langer Lake, Star, updated the Council on the Star- Eagle Tech Corridor Committee. They are looking at creating an area between the two cities to draw new and start up companies. They have broken into subcommittees and he has volunteered to work on the Site Committee. He asked the Council to let the Economic Development Committee know if there was any way they could be of support regarding the trail proposals. Tim Nay, 12264 W. Havencrest Drive, Star, was introduced by Gary Smith and stated he was a new resident of Star and looking to start a new Christian Church. Tim Brewer with Land Trust of the Treasure Valley stated he has been working with the Trail Coalition. He would like to come back and talk with the Council on how they may be able to help with acquisitioning land. NEW BUSINESS: Roseland Park Development Agreement Discussion – Warren Kirk, representing the applicants, stated the draft development agreement had some minor changes and he would like to address six concerns. The concerns included: 1) timing of improvements, 2) reimbursement of trail and park expenses, 3) clarification of process; they understand they would not be issued building permits unless site improvements are in, 4) clarify terms, 5) the mention that the City shall approve water feature, and 6) clarification of expectations. Kirk noted that in Section 3.1.4 it states developer shall dedicate park and pedestrian trail to the City. He clarified the difference between the pedestrian trail and trail area as the trail area being the seven and a half foot trail on the westerly border. The pedestrian trail is the trail within the park area. Kirk noted they had previously talked about putting in the bare essentials (trees, plantings, seeding grass, and sprinklers) in the park. He asked if the Council wanted the trail put in now or developed later. Erlebach pointed out they may have to move sprinklers to add trails later. Kirk stated he thought they would want to put in concrete trails now. Mayor Mitchell noted they would be putting in a path to no where. Kirk noted that was correct, but to put in later would incur more cost. He also noted it is apparent they need to add top soil to the park – possibly up to 5,000 yards – which will increase expenses. Mayor Mitchell pointed out the question before them is whether they want concrete paths now or first put in grass and do concrete later. He feels pedestrian traffic will tell where to place sidewalks. Bell stated he didn’t see the need to put them in now, as long as they plan for them later. The Mayor stated they will add soil and grading to the paragraph. Shaw Taylor asked it be clarified if the trail area refers to the pedestrian trail or the walking trail. Kirk noted it was the seven and a half foot trail area. 2 Kirk questioned the wording regarding the accent water feature. The Mayor stated it should read “for public access to be determined by City”. Kirk explained they have built the wet well for the pressurized irrigation system. Water will be drawn from the canal either through the ditch being piped or left open. The open water feature to the west will hold discharge water for irrigation and should be lined with cobble rock. The agreement states the water feature shall be approved; Kirk is letting the Council know the City Engineer approved it and it has been built. Bell noted the Council had previously discussed this issue. Mayor Mitchell stated they would change “shall be” to “to be” in Section 3.1.4.1. Erlebach asked if the ditch with the cobble stone flowing south was the water feature and did it cut into the 15 foot trail. Mayor Mitchell stated that was correct. Kirk stated the water feature is four to five feet wide. Bell noted he had an issue with weeds; where there’s water there’s weeds. It will become the City’s issue when they accept and maintain the 15 foot trail area. The Mayor stated if the overflow is not screened in some manner there will be an issue with weeds. The feature could possibly be kept fairly sterile to help with weed control. Bell reiterated that if they want plant life, then weeds will be an issue. If it was lined and they use cobble stone it would be easier to maintain. Erlebach asked how long the water feature would be. Kirk stated the boundary is 11,000 to 12,000 feet, so it is about two-thirds that distance. Mayor Mitchell stated the “shall be” needs to be changed to “as approved by the City” in Section 3.1.4.1. Bell questioned if they were talking of not moving forward this Fall. Kirk stated Section 3.1.4 states Spring of 2009. The original agreement said 2007, so they are two years off. Kirk clarified that in section 3.1.4.9 the $27,680 is the City’s pro-rated share. Mayor Mitchell stated they needed to change wording to “pressurized irrigation water system”. Kirk noted the change of “water shares” to “water rights”. He asked the Council if they wanted them to deed water rights to the City for the park; to which the Mayor and Council stated they did. Erlebach questioned what “improved 50%” in Section 3.1.4.2 referred to. The Mayor explained it meant the recordation date of the final plat. Legal Counsel, Jill Holinka, noted the original agreement stated “or within five years”. Mayor Mitchell and Kirk explained they had discussed not having a time limit due to market. Mayor Mitchell asked that the same language be used throughout the document for the trail. In Section 3.1.5 (i) the Mayor stated he felt $863.00 didn’t work. Kirk stated he was uncomfortable with the entire wording of this section. The Mayor felt it should reflect 50% of building permit fees – the sum of the two not to exceed $3,000.00. Kirk stated that last June they had ran some numbers and had the figure of $55,000 for improvements. That figure was now at $80,000 and reflects the cost of fencing along the 3 trail and adding top soil to the park. The $80,000 does not cover the cost of the pump station. Section 3.1.5.2 clearly defines what is to be reimbursed. Kirk explained there is a fence along the trial system to the west to separate the homeowners from the public. Bell noted that as the City will have to maintain the fence they were concerned with the kind and quality of the fence. Kirk stated they had put white vinyl fencing to the east of the property and they may propose it be the standard for fencing in the CC&R’s. Mayor Mitchell felt they had two options, vinyl or powder coated wrought iron, both being about the same in cost. Bell stated he leaned toward the wrought iron due to the amount of fencing. Wind tended to blow vinyl fencing down, especially with that much fencing. Kirk explained the fencing was up, but it would be no problem changing it, at a cost to the City. He recommended letting it stand for now and possibly changing the language. Mayor Mitchell asked the Council to drive by and check out the vinyl fence and then decide if they want it changed. Kirk explained they have not wanted to do more concept plans, but suggested a concept plan does need to be drawn up showing the 52 parking spaces in the park. City Planner, Mary Shaw Taylor, noted that she understood the curb and gutter is poured and there was no curb cut into the park. Kirk stated that was true; they will need to stake it out and later pour a curb cut. Kirk asked what was meant by Section 3.1.6.1 “as part of Phase 1”. Mayor Mitchell stated it meant Phase 1. Erlebach questioned why the homeowners couldn’t be responsible for the fence once it was in. Bell state homeowners couldn’t be held responsible because the City owns the fence and it is not on their property. Bell asked if anyone wanted to view 2000 feet of vinyl in a row. Kirk pointed out they want to consider the view into the homeowner’s property when considering the fencing. McDaniel stated she felt wrought iron might be more secure. Kirk noted that when the park was complete the City would assume maintenance. At some point they are to dedicate the seven and a half feet of trail and asked for clarification on when. The Mayor noted they need to add a sentence saying “exclude capital improvement from the trail area”. Shaw Taylor asked if the irrigation pump was included in the seven and a half feet. The Mayor stated it was not included. Kirk asked if he would be able to get permits before all the improvement were in. The Mayor stated they shouldn’t be held up for reimbursements for the improvements, but could be for open space improvements, which could be bonded for. Mayor Mitchell asked when they were looking to get building permits. Kirk stated as soon as possible; they were looking to record the plat. They do not want to put in the irrigation pump in order to pull building permits. The Mayor indicated he should wait and ask after October 2, when there was no irrigation water. Kirk asked if they could get on the October 6th Council Meeting with the final draft. 4 Mayor Mitchell pointed out the developer will be required to have a surety bond of 120% of the cost of improvements – not a letter of credit. Bell asked that they do not put anything else in that the City will have to pay for before getting Council approval. Kirk stated it had not been their intention to bypass the Council. They are willing to take down the fence and replace it with what the Council wants. McDaniel and Bell stated they were leaning for wrought iron fencing. The Mayor again asked them to go look at the fence and then decide what they would like. Mayor Mitchell asked staff to put this document into proper form for a public hearing. Trail Ordinance Discussion – Shaw Taylor stated this had been covered during the presentation. Claims Against The City – Bell moved to approve the claims against the City, including the addendum, for a total of $76,813.73, McDaniel seconded the motion. All ayes: motion carried. REPORTS: Council – Bell reported he had attended the Board of Directors Meeting for Regional Transit and they approved next year’s budget. Mayor – Mayor Mitchell noted he will be attending the Treasure Valley Partnership Retreat next week in Cascade. He updated the Council regarding the funding of a special prosecuting attorney for gang related crimes. They are showing a 1.7 million dollar savings to the state for gang related issues. Bell asked if there was money available in the current year’s budget to take care of the culverts at the entries to City Hall. Mayor Mitchell stated there was, and they will be stuccoed. Adjournment: McDaniel moved to adjourn the meeting, Christopherson seconded the motion. All ayes: motion carried. The meeting adjourned at 8:50 pm. Approved: Respectfully submitted: ________________________ Nathan Mitchell, Mayor __________________________ Kathleen Hutton, Deputy Clerk 5