City Council Regular Meeting

Star City Council Meeting Minutes January 21, 2014 The regular meeting of the Star City Council was held on January 21, 2014 at 7:00 pm at the Star City Hall, 10769 W. State Street, Star, Idaho. Mayor Nathan Mitchell called the meeting to order and all stood for the Pledge of Allegiance. Roll Call: Councilmen Chad Bell, Tom Erlebach and Richard Lockett were present. Councilwoman Tammy McDaniel was absent. Approval of the Agenda: Bell moved to approve the Agenda, Erlebach seconded the motion. All aye: motion carried. Approval of Regular Meeting Minutes: Bell moved to approve the Regular Meeting Minutes of January 7, 2014, Lockett seconded the motion. All aye: motion carried. Public Input/Presentations: Law Enforcement Presentation/Report - Chief Laraway - Chief Laraway introduced his new supervisor, Lt. Carlos DeLeon. He updated the Council regarding a citizen complaint on Plummer Road and noted a traffic study did not support any additional traffic slowing items. However, they will monitor Plummer Road more frequently. There have been no new vehicle burglaries in the last three months, due to increased surveillance; and they have solved two burglaries within the City. Public Input – No one from the public spoke. Public Hearings: Mayor Mitchell reviewed the process for the following three applications, explaining the order in which the hearing would proceed. Munger Meadows Preliminary Plat – The Mayor opened the public hearing and asked Council if they had any conflicts of interest or exparte contact, hearing none, the Mayor asked the applicant to speak. Applicant – Tamara Thompson, The Land Group, 462 E. Shore Drive, Boise, Idaho, explained the location of the property; it consists of approximately 53.5 acres and is zoned R-3. The property will be developed the same as originally platted under the Lakeshore Preliminary Plat. Thompson explained the current owner has purchased the property from a bank and was not a part of the original development. The development consists of 122 residential lots and has 20% of open space. They have read the staff report and agree with the conditions of approval. They are asking to re-obtain approval under the original plat. Erlebach asked if the canals were a part of the 20% open space to which Thompson stated they were. Erlebach stated there didn’t appear to be a walking path on lot 15 and asked if there would 1 be a sidewalk. Thompson stated the lot would be left in a natural state. Don Newell, property owner, noted there would be a regional lift on the lot, so it would not be developed. Thompson noted a majority of the lot is a canal and it will be the responsibility of the Homeowners Association to maintain the lot. Mayor Mitchell asked for public input. Matthew Taylor, Taylor Law Office, 802 W. Bannock, Boise, Idaho, stated he was representing the existing Lakeshore Homeowners Association. He wished to ask about phasing and access to this property. The Mayor noted there were two access points from Munger Road and several connecting into Lakeshore. Taylor stated the CC&R's had not been discussed with the current owner yet but there were plans to. Taylor asked who would be maintaining the corner the lot. The Mayor explained the maintenance would be addressed with a condition. Erlebach asked if they had resolved anything regarding the water rights. Taylor stated they haven't had that discussion yet, but did not foresee any issues. They hope to have agreements in place early on. Erlebach questioned if the current pump system was designed to service both projects. Mayor Mitchell explained the previous plat was approved with the current property included. But if the current owner of this property can provide services on his own, the City would not require him to connect to the current system at Lakeshore. Randy Thompson, 11523 W Streamview, Star, Idaho, asked if anyone can view Munger Meadows CC&R's and if they will comply with Lakeshores. The Mayor stated they will be available for review at Final Plat. Thompson asked where the entrance and exists would be located; the Mayor explained they would be off Floating Feather and Munger Road. He reiterated they would be using the current accesses through Lakeshore and will have to take care of mud on the roads. The applicant had no rebuttal. Erlebach asked for clarification regarding the ownership of the southwest corner when the Star Sewer and Water District puts in the lift station. Mayor Mitchell explained the current owner currently owns the corner but the Star Sewer and Water District will probably take ownership when they install the lift station. 2020 Munger, LLC is currently responsible for maintaining the lot. Lockett asked if the lot would remain empty until the lift station was put in. Tamara Thompson explained the lot is smaller than it appears pictured, it is not a wide open space, and a canal runs through it. The lot would be maintained. Mayor Mitchell declared the public hearing closed, and moved to Council deliberation. Bell stated he didn't see any issues with the preliminary plat and felt it complies with everything they require. Bell moved to approve File #PP-13-02, Preliminary Plat for Munger Meadows Subdivision, with the twelve stated conditions, Lockett seconded the motion. All aye: motion carried. 2 "The Lakes" Pristine Meadows (Pavilion Commons) Amended Preliminary Plat - Mayor Mitchell explained the project is joined with the next public hearing for “The Lakes” Preliminary Plat and would be presented together. He explained the first application was to take a small portion out of the first plat and add it to the second application. Mayor Mitchell declared the public hearing open for both applications, “The Lakes” Pristine Meadows Amended Preliminary Plat and “The Lakes II” Pristine Meadows Preliminary Plat, and asked Council if they had any conflicts of interest or exparte contact, hearing none, the Mayor asked the applicant to speak. Applicant - Corinne Haase, TO Engineering, 332 N. Broadmore Way, Nampa, Idaho, stated they are asking for approval to amend the northern portion of Pristine Meadows to revise the boundary to accommodate the Phase 2 layout. The revision will remove the north/south collector road, which Ada County Highway District has approved, and shifting the entrance west, which will hook into Munger Road and eliminate having to cross the canal. The preliminary plat for phase 2 consists of ten residential lots and three common lots, having the same density as phase 1. They will be removing the existing house and dairy buildings. They would like to modify two of the conditions on the Staff Report - condition #4 changing the wording "with each subsequent Final Plat(s) application" to read "prior to signing of the Final Plat" and condition #5 to add language to read "or a stand-alone pressurized irrigation system and pump station is to be installed." Haase pointed out there will be a 3.6 acre private pond, which will be aerated, with a water feature. They will provide fill to residential lots to provide adequate separation between the pond and residences. There will be adequate street parking so no off street parking will be necessary. Erlebach asked if the pond will be dug and what will be done with the gravel. Haase stated the pond will be 18 feet deep and the gravel will be used on the road; the pond will be fed by groundwater. Mayor Mitchell asked for public input and no one from the public chose to speak. The Mayor stated they are asking for two approvals, the first for approval to change the boundary to the original plat and second to approve the six acre preliminary plat. The Mayor declared the public hearing closed and Council moved into deliberations. Bell stated he felt this was good a good thing and cleans things up. Bell moved to approve File #APP-13-01 Amended Preliminary Plat for The Lakes portions of the Pristine Meadows (Pavilion Commons) Subdivision with the proposed language changes to conditions #4 and #5, Lockett seconded the motion. All aye: motion carried. Lockett asked about the parcel on the north/east corner. The Mayor explained the parcel is still part of the original preliminary plat and has a separate owner. "The Lakes II" Pristine Meadows Preliminary Plat - Bell moved to approve File PP-13-01 Preliminary Plat for The Lakes II Subdivision with the eleven stated conditions of approval, but adjusting the wording for conditions #3 and #4 the same as approved for previous application, Locket seconded the motion. All aye: motion carried. 3 New/Old Business: Review of Carlson Property Lease – The Mayor stated in reviewing the Carlson property lease the Ross's had a couple of items they would like addressed, the first dealing with the maintenance and irrigation around the property. The Mayor has asked the Ross's for a list of hours he felt it would take to maintain the property and has not yet received anything. The Ross's have asked to have the $500.00 deposit waived as they had already paid the Carlson's the deposit. At this time, the City has received proof the Ross's have been refunded their deposit from the Carlson's. It was the Mayor's recommendation that they present the lease to the Ross's including a $500.00 deposit. Bell stated he agreed with the Mayor's assessment and the City should require a deposit. The Mayor noted he and Todd Crockett had done a walk through and there were four items that need to be addressed. They included kitchen appliance repairs, a cracked shower pan in master bath, sewer blockage in the master bath, and the sliding back door needs replaced. As of today, they have been in the house rent free the past two months. Erlebach agreed they should go forward with the lease. He asked if they have domestic water. The Mayor stated they are connected to the Star Sewer and Water for sewer services but have domestic water. Erlebach questioned if a $500.00 deposit was sufficient. The Mayor asked the City Attorney, Cliff Brown, to address and Brown stated the amount was up to the Council. Lockett asked if they would be collecting the past two months rent and who would be maintaining the hay field. The Mayor state the way the lease is currently written the Ross's will maintain the property. The Mayor informed the Council they are proposing $1750.00 for rent per month. Bell stated he didn't feel they should be there rent free. It was agreed the City should collect the rent for December and January and there should be a cleaning deposit. The Attorney noted the agreement is to be through May 31st. The Mayor noted they would be going month to month after May 31st with a way to terminate quickly. Brown pointed out they want to have chickens, and the Mayor stated our ordinances allows them to have chickens. Brown questioned the punch list and it was agreed the City would fix the items. The Attorney noted the Ross's are asking if they breach the lease for a 30 day notice instead of the three days that is currently in the lease. The Mayor recommended they stay with the three days. Bell moved to approve authorizing the Mayor to sign the lease agreement with the items discussed, Erlebach seconded the motion. All aye: motion carried. Veterinary Request for Increase in Payments - Mayor Mitchell explained Zach Bruneel was requesting an increase for animal impounding services from $1000.00 to $1400.00 per month. Bell stated he realized there had been an increase in animals, but felt Bruneel was being compensated pretty well currently. He does not have to pick them up, only houses them. When owners pick them up they also pay compensation for housing and shots. He felt Bruneel is being compensated twice for most animals housed. The Mayor stated he is euthanizing a quantity of animals and not being compensated by citizens for housing. He noted the City had paid the Idaho Humane Society $26,000.00 in 2008 and in 2009 they were requesting $56,000.000. Bell would 4 like to see a report of the number of animals destroyed and number picked up by owners. He would like to see additional accountability. The Mayor noted the City is paying for Bruneel to respond to dog calls and housing for up to five days; then our contract ends. Bruneel is seeing a 40% increase in animals and is asking for a 40% increase in pay. Lockett asked if they would need to open the budget to approve the increase. The Mayor stated the veterinary services were a separate line item, so they may have to open the budget. Erlebach stated he had no problem with the increase but would like more feedback. Bell stated he didn't have a problem; there had been no increase in five years. Mayor Mitchell stated he will ask Bruneel to provide more statistical information and ask him to come to the next council meeting. Reports: Council – Lockett stated he had attended an ACHD meeting and the AIC workshop for newly elected officials. Erlebach informed everyone the Chamber was holding officer installation on January 31st. Bell stated he attended a Valley Regional Transit meeting. They are going forward with a multi mobile station in downtown Boise. They have new plans and a new location for the underground facility. Mayor – Mayor Mitchell reminded everyone the Council Retreat is scheduled for February and they are gearing up for park projects. Adjournment: Erlebach moved to adjourn the meeting, Bell seconded the motion. All aye: motion carried. The meeting was adjourned at 8:30 pm. Approved: _________________________ Respectfully submitted: Nathan Mitchell, Mayor ______________________________ Kathleen Hutton, Deputy City Clerk 5