City Council Regular Meeting

Star City Council Meeting Minutes December 15, 2009 The regular meeting of the Star City Council was held at 7:00 pm at the Star City Hall. 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 the Agenda: Christopherson moved to amend the agenda removing 8A and 8B, McDaniel seconded the motion. Mayor Mitchell explained we would be reviewing the matrix at a later date. The Mayor suggested the second week in January for a review. All aye: motion carried. Approval of the Regular Meeting Minutes of December 1, 2009: Bell moved to approve the Regular Meeting Minutes of December 1, 2009, Erlebach seconded the motion. All aye: motion carried. Presentations/Public Input: Star Police Department – Chief Ramage: Chief Ramage stated that the City had a lot of vehicle burglaries in the City, all are due to unlocked vehicles in town. We had two residential burglaries due to unlocked doors. Committee Reports – There were none. Public Input - No public input was given. Public Hearing: Parkstone Subdivision Comprehensive Plan Amendment/Amended Preliminary Plat and Amended Development Agreement – The Mayor reviewed the procedures for the public hearing and declared the public hearing open. The Mayor asked Council if they had any ex parte contact or conflicts of interest; hearing none the Mayor asked the applicant to speak. Applicant - Becky McKay, Engineering Solutions, 1029 N. Rosario Street, Meridian, Idaho, stated that there were actually four applications: an Amended Preliminary Plat, a Comp Plan Amendment, consent to vacate a right-of-way and an Amended Development Agreement. McKay reviewed their request, showing Council on the map. They want to incorporate a larger area for a future Ridley’s grocery store, removing some residential area. They want to vacate a portion of a right-of-way for the grocery store lot. They have all the approvals from required entities regarding this vacation as long as the utilities are relocated. A vacation request has been submitted to ACHD and they require an 1 approval from the Council first. The DA was submitted due to the resizing of lots. When the Comp Plan was revised last year it followed the plat line and it is the 1.55 acres of residential that requires the amendment. The Idaho Transportation letter discussed submittal of a new traffic survey. McKay stated that based on the engineer, the grocery store will meet all the requirements, per ITD standards. They have agreements with ACHD and ITD regarding this. McKay believes it would be premature to do this prior to the construction of the store. They will do an addendum when the store is ready to be built and it will comply when the traffic light is ready to be done. All utilities will be reviewed with the appropriate entities. Christopherson asked how soon the utilities would be taken out once the vacation of the right–of-way is approved. McKay stated that the time frame instructions are to get the final plat done and the utilities would have to be done by then. Christopherson asked about the orange and yellow colors on the map. McKay stated that the orange lots are the re-platting lots and the yellow are staying the same as on the original plat. Christopherson asked if there were any houses at all on that street now. McKay stated that there were no buildings there. Erlebach asked about the common area between the residential area and the store. McKay stated that it will be part of the commercial development, as it is the most intense use. The distance of the common area has not been measured yet. The City’s code calls for a ten foot buffer. Their recommendation would be twenty feet. Erlebach asked if the store will pay dues to the Home Owners Association. McKay stated that they would and would be responsible for their common area. Erlebach stated that in the information it states that the park they will donate will be 38.1 acres. Erlebach stated that he believed the original park was 68 acres. McKay stated that there is approximately 67 to 68 acres in that area, part is in the flood way. What they committed to is a park of 38 acres. Discussion was held on the original DA not having the right number of lots. The correct count is 576 and the correct number has been added to the amended DA. Bell stated the he assumed that Ridley’s has brought their application from across the street to this location. Mayor Mitchell stated that this application is not dependent on a specific building. McKay stated there were access issues on the other side of State Street with ITD. Staff – City Planner, Mary Shaw Taylor, reminded Council to look over the late exhibits that were in front of them. She had nothing further to add. Public - Richard Tinsley, 10459 W. Achillea Street, Star, Idaho, stated that he has no discussion on the review of this application, he is here because citizens are having trouble getting water. Tinsley is on the board of the Little Pioneer Ditch District and some residents on South Main are having problems getting water through this development. 2 Prior to the development there were no problems with water delivery, but six property owners are not getting water, yet they are still paying for their shares. He would like collectively to remedy this problem for these citizens. Six members had water and they don’t have water now. Tinsley asked for help from Council to rectify this problem. Erlebach asked if all six properties are consecutive or random. Tinsley stated that they are all in line on the east side of street. The problem area is north of Brad Carlson’s property. Erlebach asked if they have talked with the ditch company. Tinsley stated that the ditch company is not responsible for the water once it leaves the spill way. Erlebach asked if Tinsley had a recommendation. Tinsley stated that he just wants water restored to equivalent or better to property owners like it was before the development. He believes it should be addressed because the residents are paying for it. Ronald Freitag, 624 S. Main Street, Star, Idaho, stated he can’t say that subdivision is denying water to the homeowners. Freitag stated the construction company ripped the concrete ditch out and it was never put back. They have not had water for some time now. The church repaired their ditch. Erlebach asked how the water is flowing. The water is flowing north to south and there is a pressurized system but a few people were left out. Pat Freitag, 624 S. Main, Star, Idaho, stated that she was just verifying what her husband had said and appreciated the help of the Council. Gail Glasgow, 259 N. Mira Ave, Star, Idaho, stated that he was notified that this meeting was occurring on Sunday and he spent the last two days reviewing records at city hall. This lateral has been a problem. The ditch company’s responsibility ends when the water leaves the canal. Their attorney stated that there is nothing more than they can say. There was a water users group that entered into an agreement with the development company to use the water for ponds and then it would be pumped back into the ditch. Glasgow has a copy of this agreement, but does not know if it has been recorded. It does state the responsibilities of the development company. Applicant – McKay stated that the Little Pioneer Ditch ran parallel with State Street and was distributed out to the Laurence Kennedy and other ditches. McKay did talk to the property owner and foreman about where the water went and who it served. Brad Carlson had said that they never got their allotted amount of water and when they did the ditches would overflow. McKay stated that the development company built concrete boxes on the west side of the property which pressurizes and distributes the water. The west boundary ditch went south and then to Carlson’s. McKay stated that they were told the ditch was abandoned. They then received a call that the LDS church had cut the water off. McKay stated that the owners have agreed to put in whatever it takes to bridge the gap and repair the source for people needing water. McKay has been authorized to go in prior to April and have the ditch fixed. McKay will coordinate that with Tinsley. Christopherson stated that looking at DA, it pretty much states that it is commercial on the north property. He would like to know the types of commercial. The new DA is just 3 pages of the things that are being changed. McKay stated that there is no list in the original development – there were no specifics. It is zoned R2-DA under a Planned Unit Development. Christopherson stated there are several uses in the C-1 and C-2 districts that we may not want included there. He believes we should have those uses included in the DA. It was suggested to have the DA include specific zoning, or McKay could clarify the matrix which would apply to all the commercial districts. Erlebach asked if McKay was aware of the request for the developer to pay for the Opticom system. McKay stated that yes she was and they accept it as a requirement. Bell asked if we need to add the water issue to the conditions of approval. McKay stated that it would be more appropriate to add it to the development agreement. Bell agreed. He believes the water should be remedied before the irrigation water is put in the canal. The Mayor declared the public hearing closed, and informed the Council that they could approve, deny or approve with conditions these applications. Christopherson stated that he sees no problems with the CPA or Amended Preliminary Plat, but he would like to amend the DA. He would like to see a full DA with all the additions, and have the matrix of the uses. This will give the applicant some time, but limit the uses to Limited Office and Commercial 2 and Commercial 1 and then bring it back for review. He also thinks we need the irrigation water problem resolved. Erlebach asked if we were tabling these applications. The Mayor stated that if we don’t make a decision on the DA, we can’t do the other two. The Mayor asked Staff for clarification. Shaw Taylor stated that the DA is the application that comes first. The Mayor stated that he would like to see it left at C-1 and LO districts and make sure the grocery store is legal. Bell agrees with that; we just need to assign zoning for this development and believes it should be included. The Mayor stated that retail sales are permitted in the C-1 and LO districts. Bell moved to approve the Amended Development Agreement, with the stipulation that the zoning will be assigned as C-1 and LO; that the irrigation problem is addressed and fixed for the 2010 irrigation season. Christopherson seconded the motion. A point of clarification – the Mayor stated that if the developer fails to fix the water situation, then they would be in default with the City and everything else will come to a stop. All aye: motion carried. Christopherson moved to approve the Comprehensive Plan Amendment, changing from residential to commercial on this application, McDaniel seconded the motion. All aye; motion carried. 4 Bell moved to approve the Amended Preliminary Plat changes for Parkstone Subdivision with the twelve recommended conditions of approval, Christopherson seconded the motion. All aye: motion carried. Christopherson moved to consent to the vacation of the right-of-way for the requested roadway, Bell seconded the motion. All aye; motion carried. Shaw Taylor will draft a letter to the highway district regarding this vacation. Reports: Staff - Legal Counsel, Cliff Brown reviewed the process for dealing with nuisances (mainly weeds) in the City. We need to give written notice to the land owner if we can’t find the owner, then we post the property, we give them fifteen days to respond then they have to come to Council; then they have fourteen days to abate. At that time the Council can do nothing or abate and hold them civilly liable. State Statute says we can levy this against the property. Then they have thirty days to pay. The City Clerk can certify the levy. Council – nothing was reported. Mayor – There is an ESTech open house tomorrow night. The first meeting of the month will be the swearing in of council members and there will be no general business meeting. Part of the meeting will be committee assignments. Tim Breuer will be at the second meeting with an update on River Walk. Adjournment: Christopherson moved to adjourn the meeting, Bell seconded the motion. All aye: motion carried. The meeting was adjourned at 8:30 pm. Respectfully submitted: Approved: _____________________ ___________________________ Cathy Ward, City Clerk Nathan Mitchell, Mayor 5