City Council Regular Meeting

City of Star Meeting Minutes July 7, 2015 The regular meeting of the Star City Council was held on July 7, 2015 at the Star City Hall, 10769 W. State Street, Star, Idaho, at 7:00 pm. Mayor Nathan Mitchell called the meeting to order at 7:00 pm and all stood for the Pledge of Allegiance. Roll Call: Councilpersons Richard Lockett, Tom Erlebach and Chad Bell were all present. Approval of the Agenda: Bell moved to amend the agenda adding 7-D Boat Launch/Master Plan Discussion, Erlebach seconded the motion. All aye: motion carried. Consent Agenda: Bell moved to approve the Consent Agenda consisting of Regular Meeting Minutes of June 16, 2015, Claims Against the City for June 2015, Findings of Fact & Conclusions of Law for the Hofman Property Annexation/Zoning/Lot Split, Lockett seconded the motion. All aye: motion carried. Presentations/Public Input: The Mayor welcomed Chris Yorgason of Yorgason Law as our new City Attorney. Republic Services Presentation – Rachelle Klein, Republic Services, 11011 W. Executive, Boise, Idaho, stated that the legislature has increased the fuel tax in House Bills 132 and 312. Republic Services is asking Council to increase the cost of collections to residential and commercial customers by twelve cents. There is a clause in the contract with the City that states cost increase by outside sources may be collected as additional fees. The Mayor stated that we will present a resolution for the increase at the next meeting. Chamber of Commerce – Downtown Development Presentation – No one was present for this discussion. The Mayor introduced Jayson Buchholz. Jayson is taking Jim Buffington’s place with the Ada County Highway District and will be the Star representative. 2013-2014 Audit – Jared Zwygart of Zwygart & Associates reviewed the audit for the year ending September 30, 2014. Fund balances have decreased from last year. The City did over spend the budget for the year, but it was planned for in contingencies. Zwygart stated that he noticed the City receives a lot of money for citations. Over all, the audit was good. Public Input – No public input. Council Seat Selection: The Mayor stated that all twelve candidates were qualified to serve, but with such a large amount of interest he would like the Council to consent to leaving the seat vacant and let the voters decide who should have that position. 1 Yorgason stated that it is legal to not to fill the position immediately and wait until the upcoming general election. The Council concurred that we will not fill the empty Council seat. Old/New Business: Mural Decision – Steve Green did not bring the final rendering. Lockett moved to table the Mural Decision to the July 21, 2015, Bell seconded. All aye: motion carried. Resolution 15-06 Legal Services Contract – Bell moved to approve Resolution 15-06 Legal Services Contract, a Resolution of the City Council of the City of Star, Ada and Canyon Counties, Idaho, approving an agreement for legal services between the City of Star and Yorgason Law Offices PLLC; and providing an effective date, Lockett seconded the motion. All aye: motion carried. Ordinance No. 248 Hofman Property Annexation/Zoning/Lot Split – The Mayor explained that this was for the Hofman Property that came before the Council at the last meeting. Bell moved that pursuant to Idaho Code 50-902 the rule requiring an Ordinance to be read on three different days, with one reading to be in full, be dispensed with and that Ordinance No. 248 be considered after reading once by title only, Erlebach seconded the motion. Roll Call: Locket, Erlebach and Bell – motion carried. Erlebach moved to approve Ordinance No. 248, an Ordinance annexing to the City of Star certain real property located in the unincorporated area of Ada County, Idaho, and contiguous to the City of Star, establishing the zoning classification of the annexed property as Rural Transitional with a Development Agreement (RT-DA) of approximately 10.25 acres; directing that certified copies of this Ordinance be filed as provided by law; providing for related matters; and providing for an effective date, Lockett seconded the motion. Roll Call: Locket – aye, Erlebach – aye, Bell – aye: motion carried. Boat Launch-Master Plan Discussion – The Mayor explained that the discussion was regarding the southern part of the Heron River property and hiring The Land Group to engineer plans for design. The Mayor explained the three different pictures and what had been changed. Craig Groves and Jim Jewett were present for discussion as property owners of Heron River. Erlebach stated that he had two maps, one old and one new, on old one there was open area where there is now a lake. Groves stated that he is happy to be before the Council after the real estate market crashed and wants the property to benefit the citizens. Groves stated that they have eliminated twenty home sites, several little ponds have been combined into one large 20 acre pond, and are creating another 16 acre pond along with giving more ground to the community to help finish the River Walk. 2 Erlebach reiterated that they gave up a couple ponds on the west side and made one big one and eliminated home sites. Erlebach stated that he appreciates what Groves is doing. Erlebach stated that a lot of this property is in flood plain. He also sees that there is no common area in the subdivision, no playgrounds or open space. They have given the city a lot of land and we will have to invest a lot of money and it will be an advantage to Groves as the city is paying for it. Groves stated that it is not easy work in the land development; he is not taking advantage of the community or the city. The original site was 314 acres with 575 home sites and now they are down to barely over 500. Within the community there is open space of approximately 75 acres and the open space dedicated to the City is 68 acres and it is in a flood way but they will work with the city so that it is a benefit to the community. Erlebach asked if they had any open space to the west. Groves stated that they did not have any concrete plans for parks or playground areas, but do have open space. There will be a parking lot off of Main Street for the community to enjoy the park area. Erlebach stated that the City will be paying for the parking lot. Erlebach stated that he heard that Groves wants impact fees forgiven. The Mayor said that we are in negotiations and if the parking lot costs $40,000, then maybe we take the next twenty houses and not charge the impact fees on them. Groves stated that the subdivision is contiguous to the River Walk and they want to work in partnership with the City to develop the park or the City can improve it themselves. Erlebach stated that there was a tree area where the homes are bordering it, so now we have another pond, can people walk around the entire pond. Groves stated that citizens cannot walk around the ponds because of the homes. Groves stated that there is not intended to be any open space between the homes and the lake. Erlebach stated that we are confused by all the pictures. Groves stated that during the development of Highway 16, they came to the City and got a permit to mine gravel to help support their project and the Highway 16 project. They submitted a modification to the City and looked at it from an administration approval point and it did not come back before the Council. The Mayor said it did comply and it did not need to come back before the Council. The revisions were submitted at a staff level and did not come to the Council. Bell stated that his biggest question as we start to move forward is will the City ultimately be responsible for this; up to this point we have not participated in the ponds/lakes and they have to make the area useable. Do you have any plans for any of the HOA dues to go for maintenance, as it will be a great amenity to the homeowners? 3 Groves stated that there will be some shared costs all the way through this process. The Mayor reviewed the different discussions about the costs for this program. We need a development agreement. Bell wants both parties to pay their fair share and does not have specifics. Bell is concerned about properties backing up to the lakes. Groves believes that the lakes are better than pasture land. There will be more investment not only capital, but maintenance costs as well in development. Groves stated that he believes he is hearing that the concern is that the City doesn’t have a solid maintenance department and adding 68 acres we are not prepared for. Bell stated that this needs to be equitable. It is an incredible opportunity for the City and he doesn’t want to find out we have an albatross we can’t support. He wants it to be a good thing for both parties, both now and in the future. Groves stated that it would not be his intention to create a burden for the City and it would hopefully encourage people to come to the city. Groves stated that the first step is to get the phase one plan done which includes a boat launch and the area that Groves owns. Groves stated that we can subcontract the maintenance part. Groves and Jewett are fully vested in this project. Erlebach stated that another issue is the dike on the east end and the water; hopefully you are building that area up so it doesn’t flood. Erlebach doesn’t want to put $4 million into a park and have it washed out. Groves stated that they are creating some natural wetlands and will breach the dike again and then let it go back to the river. The channel area is part of the property being donated to the city. It will be built before the last pond is finished. It is part of the Idaho Sand and Gravel project. Jewett stated that their plan does not allow for flooding. Jewett stated that it won’t flood any of the area. It needs to grow back as a riparian area. Discussion was held regarding the drain. Jewett stated that the path will be at a new elevation. Jewett has worked with The Land Group. Locket stated that there is 68 acres of which 30 acres is lake and 30 acres of land. Who is responsible for the lakes, the City or the HOA? The Mayor stated that it will be written in an agreement of who owns what property. Lockett sees it as a huge liability. Lockett asked how big is the property as the Mayor told us last time it was 100 acres. Lockett stated that the first plan had nice baseball fields and that’s how it was sold to the City at the time. Jewett stated that he was not there for the original design. 4 Bell stated that this was decided a long time ago and we decided to put the ball fields in other places. The Mayor stated that Lockett was available for the discussion; it’s been an ongoing project. Lockett stated that he believes there is a lot more discussion that needs to be had. Erlebach stated that we can’t have hard-scaped items because of the floodway. Lockett stated that we want a nice park area and believes there needs to be more discussion. The Mayor stated that we need to get away from cartoon drawings and you can discuss it with the engineers and make changes. The Council and Groves and Jewett won’t get the technical stuff right. Erlebach stated that the City has been asked to spend $120,000 to come up with the plan. Lockett stated that the safety shelves for the lakes should be the developers to pay for, not the City. The Mayor said it is a specific item. The developers want to see a finished project sooner than later, we need to figure it out. Erlebach asked about the contract saying that we will pay for surveying shelves and benches in the lakes when Jewett is doing it. Groves stated that Erlebach maybe confusing it with the boat launch. Erlebach stated that it was itemized out. Lockett stated that we need to see both visions of the property. Jewett stated that it was his brainchild to have the houses coming to the water’s edge as it will eliminate conflicts. Erlebach stated that there are no trees on the south side of the lakes, its barren. Jewett thinks The Land Group would tell the City where to put trees. Jewett wants a plan so they can decide what to do. Erlebach asked if they would pay for half the plan. Jewett asked why would they pay for the impact fees and give the land. 5 The Mayor asked if Council wants them to have half the decisions on what we want in the plan. The Mayor stated that we are going to fail if this turns into an us-versus-them. So we can design something and tell them to go build it. The question before the Council is getting professionals involved so all parties can get a plan. Bell stated that we need to have someone tell us where things can go. The Mayor said it was a 75/25 contract for the boat ramp and design and construction oversight of the property. Jewett stated that is why we want to do it now; if there is a change that needs to be made then they can accommodate while equipment is out there now. The Mayor stated that there was a lot of public input on this project. Jewett suggested a limited project of final cartoon drawing. Jewett wants offset for work done in impact fees. Lockett would like to see some different proposals from different engineers. Erlebach asked what the developers would like to see. Jewett stated that he sees both side. The Land Group has been involved with the property already. Bell stated that our engineer said they could not compete with The Land Group. Discussion was held on the trail to the east; Jewett stated that it will be raised. Jewett suggested a restricted component for a cartoon drawing where everything can be changed. The Mayor asked if Council was finished with questions. They will look at the proposal from The Land Group at another meeting. Erlebach asked if the City is willing to spend $80,000 and it will benefit both parties, why are the developers not willing to put money into it. Jewett stated that it is not fair to say that they are not contributing; the tax revenue and they are paying for it 100%. If we’ve closed on 100 plus homes the city has collected impact fees. Bell stated we are not into specifics now, he just wanted the conversation to move forward and work together. Obviously we want the same thing, benefits to both of us. Bell stated that we need to get a design and get moving. Bell thinks we need to use The Land Group as they have already been involved. Reports: 6 Staff - Chief Laraway stated that the Home Town Celebration was well managed and they ladies did an excellent job. Yorgason thanked the Council and Mayor for allowing him to work with the City again. Council – Lockett stated that the Home Town Celebration was great. Erlebach stated that he attended the Recreation party. Bell stated that the seniors ended up making money and the pies were great. Mayor – The Mayor stated that the budget will be presented at the first meeting in August. Staff was asked to email a copy of the budget to Council. Adjournment: The Mayor adjourned the meeting at 9:06 pm. Approved: Respectfully submitted: _________________________ Nathan Mitchell, Mayor ____________________ Cathy Ward, City Clerk 7