City Council Regular Meeting

Star City Council Meeting Minutes October 21, 2008 The regular meeting of the Star City Council was held at 7:00 pm on October 21, 2008 at the Star City Hall. Mayor Nathan Mitchell called the meeting to order 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: McDaniel moved to approve the Consent Agenda consisting of: Regular Meeting Minutes of October 7, 2008; Findings of Facts and Conclusions of Law for Lakeshore Subdivision Nuisance Determination; Time Extension for Trails End Subdivision and License to sell Beer & Wine on Premises for the Smoking Vine, Bell seconded the motion. All ayes: motion carried. Public Input: Star Police Monthly Report – No monthly report was given. Committee Reports – Economic Development Committee - Gary Smith, 258 S. Langer Lake Way, Star, Idaho, stated the Committee has reviewed the master plan and discussed raising funds. The business meeting was very successful and the top priorities on the wish list for the City are: a theme for the City, more sidewalks, community events, to develop recreation and businesses at the river, a banner for promoting the businesses in Star, a community center and extending the speed limit in Star. There will be another meeting for more brain storming. Smith stated that the big concern was the speed limit down at Heron River. Smith discussed extending the 35 mph speed limit to the end of the City limits. The Mayor reviewed the history of the speed limit in that area and stated that we have had recent conversations with the Governor on this subject. John Tomkinson stated that we need to restart the process. The Mayor asked the City Clerk to write a letter to start this process again. Smith asked the Council for the top three industries they would like to see in Star. Smith asked the City Clerk to forward the information to him by email. The committee for the tech corridor has grown to 35 people. Also, the Ada County Highway fees are coming up for vote, and Smith suggested a yes vote to help get sidewalks in Star. Public Hearing: The Comprehensive Plan and Area of Impact Applications – Mayor Mitchell stated that the reason for the public hearing was to clean up areas of impact and Comprehensive 1 Plans with regard to clearer boundaries and solving some conflicts on the maps. The Mayor asked Pete Friedman from the City of Meridian to explain in more detail. The Mayor opened the meeting and asked the Council for any conflicts of interest or ex parte contacts. Hearing none the Mayor opened the public hearing. The Mayor asked Friedman to speak to the application. Pete Friedman, City of Meridian, 660 Water Tower Street, Meridian, Idaho, stated that he has spent time cleaning up areas of impacts between the City of Eagle, the City of Meridian and the City of Star. Eagle has orphaned properties that are also in Star’s area of impact. There are three parcels that are currently being worked on. They received a letter from Eagle and they aren’t sure how it will work out, but the City of Meridian and County are moving ahead. When they are finished, the County will set the line. Meridian’s hearing will be the 15th of next month and Eagle’s will be in January. The Mayor stated that the Anderson and Sundance property owners want to annex into Star. Friedman stated that Meridian is not interested in these two parcels and are not covered by Meridian at this point. The Mayor stated that we do have an application for the Sundance property. Freedman stated that even with an adjustment in areas of impact or comprehensive plans, it still does not change anything for land owners. They are still in the county. Christopherson stated the two properties on the north are not contiguous to each other or the rest of the area of impact. Friedman stated that was true, Meridian’s area of impact goes to Chinden. The Mayor stated that the property owner wants to be in Meridian. Friedman showed the properties that Meridian would like Star to exclude. The Mayor stated that the property owners south of the Phyllis canal have already testified that they would like to be in Meridian and infrastructure is already planned. Friedman stated that there is long term infrastructure planned for these areas by Meridian. Friedman stated that there are overlapped areas. The Sundance property is also in the Eagle area of impact and Orem property is not. Bell asked if the land owners on the lower property on Chinden want to go to Meridian? The Mayor stated that he is assuming that they do want to go to Meridian and no one is here to testify. Freedman stated that all parties were notified by Star and the County. McDaniel asked about the letter from the Hayes. The Mayor stated that their intent is to go to the City of Meridian. Christopherson stated that according to what Friedman says, the property to the east of the middle property is going to be an enclave. Freedman stated that it does move to the east, but it is based on the desires of the property owners. If you look at the map and take that property in the middle, the property to the east is not included in this request. Freedman stated that it is not within Meridian or Star’s area of impact, but it is in Eagles. 2 Friedman stated that both pieces should come out of their comprehensive plan. The only parcels that are affected by this request are the discussion areas. Christopherson asked what the future land use zoning was? Friedman stated that it is mixed use. Meridian is low density residential, mirroring Eagle’s plan. Friedman stated that the legend covers their designations. The Mayor stated that there are three sections coming out of our area of impact and comprehensive plan. There has been no conversation regarding the bench area because of the infrastructure. Friedman stated that Meridian has figured this into this area. They are planning to have sewer stubbed to the edge of the bench. Erlebach asked about the Sundance property. The Mayor stated that the landowner has the discretion to annex into any city they are contiguous to. Scott Buck, Star Fire Department, wrote a letter asking this change not to occur. The Fire District is concerned over the diminished tax base if this property is moved to another city. The Mayor stated that we do not have any recourse with an application to annex into another city. We know the desires of the property owners. The largest property is owned by the Brandt’s. If you put it into another area of impact, there is nothing stating that it belongs to a certain fire district. The Mayor fully recognizes the Fire District’s concern and he would like to get this cleaned up for land use reasons. He believes the Fire District’s concern should be addressed at the legislative level and will help in that process. He doesn’t think we can change these people’s minds. Having no one signed up for public testimony, the Mayor closed the public hearing and moved to deliberations. McDaniel asked if there was testimony from the middle property owners. The Mayor stated that we did not receive any; they were in favor of Star’s Area of Impact, but then they changed their minds due to the other city’s conversations. He doesn’t believe they care about city’s area of impacts. Bell stated that since the property owners have requested to be in Meridian, he doesn’t have a problem with them. He is not in favor of giving any property out of area of impact below the bench. From a common sense point, we will be able to service that area best. He wants to keep the areas below the bench and give the Chinden piece to Meridian for their area of impact. Erlebach agrees with Councilman Bell, he would like the boundary at the bench. 3 Christopherson stated that the request was for all three properties, how do we do that? The Mayor stated that the motion needs to be specific and we can do it. McDaniel is in agreement that the one property south that butts up to Chinden should be removed from our comp plan and area of impact and the other two properties should stay. McDaniel moved to approve the application File CPA08-04 Comprehensive Plan Amendment, to exclude the two properties north of the Phyllis Canal from the request and remove the property south of the Phyllis Canal on Chinden from our area of impact and comp plan, Christopherson seconded the motion. All ayes: motion carried. Friedman asked if we would have someone present Thursday. The Mayor stated that we would not. Freedman will convey the message. The Mayor will have the Planner write a letter. Old/New Business: Roseland’s Subdivision Development Agreement Review – Warren Kirk, representing Peterson Development, presented a picture of the park. Kirk stated that he wanted to make sure the Council is aware of a typo and there is still a question regarding the fence. Bell stated that he doesn’t like the fence, it won’t last and it needs to be something more open. He has a problem with the aggregate waterway as well. McDaniel would like to see wrought iron fence due to safety concerns. Erlebach stated he would like to see some type of see-through or varied fence. The wind will blow over the plastic fence. Kirk stated that he was sad that the Hadley parcel has gone back to bank. Kirk stated that he believes there needs to be a barrier between residential backyards and the trail and a decision shouldn’t be made based on today thoughts. He believes that residents will want something more. The trail system was a great idea, but he doesn’t believe that it will develop. The Mayor stated that the development agreement is mechanically sound. Erlebach asked if we were approving this tonight. The Mayor stated that we are discussing the development agreement tonight so it will go to public hearing at the end of November. Section 3.1.4.1 - States that “Landscape will be installed along the trail as all adjacent development occurs”. The next sentence should say “Materials will be determined by the City, and materials and labor will be paid for by the Developer and reimbursed to the Developer by the City”. McDaniel stated that it will come out of the park impact fees. 4 Section 3.1.5.2 - The word “approved” on the second line needs to be removed. The Mayor stated that it could come out. Section 3.1.5.3 – The not to exceed total reimbursement at the bottom of the paragraph needs to have the dollar figure removed. Section 3.1.6.1 – Kirk stated that he needs to get his engineer to write up the legal on the trail dedication. The Mayor stated that it makes sense for us to create that parcel before the plat is recorded and administratively approve it. The City Engineer will write the legal description. Kirk stated that his engineer would check it. Erlebach asked whose property the fence was on. Kirk stated that it was on the city’s property. Erlebach stated that if it blows over then it’s the city’s liability. Kirk likes the staggering the fence idea. Erlebach asked who is going to pay for damages to the fence? Kirk stated that he would like to work with the City on that. The agreement says that the City is paying for any damages. Erlebach is concerned as the fence was to be determined by the City, but the developer put it up instead. The Mayor stated that all concerns are valid. Erlebach stated that first we didn’t get to approve the fence and most of us are opposed to it. It will be a mess to clean up if tagging goes on. We aren’t liable for other fences but we are this one; and feels our toes have been stepped on. Kirk appreciates how the Council feels. Erlebach asked if they are trying to make it as nice as they can or block out everything else. Erlebach feels we need to have what we want. The Mayor stated that this sounds like it is in spite. The Council needs to ask yourselves if it would have been approved if you didn’t have the choice. Erlebach stated that it is not in spite, there is no anger not being included, it is simply a future responsibility. Kirk asked if it would make a difference ten years down the road? Kirk stated that it does look out of place, but the residents will be in a rural area. McDaniel stated that we have received several residents that want to see the natural things going on – not have their view blocked. The Mayor stated that we can’t say what people will want. The fence discussion can be an extra item on the next agenda. Christopherson thought we made this decision at the last meeting and that’s why it’s in the development agreement. He stated that anybody can put up a fence on their own property – if they want privacy they can have it. He is truly baffled by the discussion. The Mayor asked for any other questions, hearing none, the agreement will be scheduled for public hearing. 5 Reports: Staff – Staff had nothing to report. Council – McDaniel stated that she attended joint meeting with ACHD. Christopherson stated that he attended the EDC meeting on Thursday. Erlebach stated that the Parks and Rec Committee are hosting four different skate dates in the barn at the church; it will be one Saturday a month. Bell had nothing to report. Mayor - The Mayor stated that he is working on code enforcement. Phase seven of Saddlebrook has been mowed and the bank has been contacted to pay for it. Other properties are being mowed. The Mayor has contacted a sheep rancher – we may have several thousand sheep in town. Regarding Lakeshore, we have filed a small claim and they have been served a criminal citation. They have until this Friday, and we will cite again if not taken care of. The City will mow the weeds after the second violation. Legal Council has been made aware they have been let go. The Mayor attended the alliance meeting with ACHD and the joint meeting with ACHD. He also attended an all day conference of Mayors on transportation. There were 25-27 Mayors discussing legislative priorities on transportation, they represented about 85% of the states area. The Mayor stated that he talked with the school district with regard to the property off of Pollard, they will make arrangements to be at the November 18 meeting. The DMV is now open. Next Wednesday is the formal ribbon cutting. The Mayor showed the winning pictures of the Halloween contest. Adjournment: Christopherson moved to adjourn the meeting, McDaniel seconded the motion. All aye: motion carried. The meeting was adjourned at 8:25 pm. Respectfully submitted: Approved: ___________________ _____________________ Cathy Ward, City Clerk Nathan Mitchell, Mayor 6