City Council Regular Meeting

Star City Council Meeting Minutes November 21, 2017 The regular meeting of the Star City Council was held on November 21, 2017 at 7:00 pm at the Star City Hall, 10769 W. State Street, Star, Idaho. Mayor Charlten Bell called the meeting to order and all stood for the Pledge of Allegiance. Roll Call: Councilmen David Hershey, Trevor Chadwick and Kevin Nielsen were present; Councilman Richard Lockett was absent. Approval of the Agenda: Chadwick moved to amend the agenda to include the Preliminary Plat for Retail West Findings to the Consent Agenda and approve the agenda as amended, Nielsen seconded the motion. All ayes: motion carried. Consent Agenda: The Consent Agenda consisted of: Regular Meeting Minutes of October 3, 2017, Claims Against the City for October 2017, Findings of Fact & Conclusions of Law for: McLeod Property Annexation and Zoning, Moyle Property Annexation, Zoning and Conditional Use Permit, Retail West Annexation, Zoning and Preliminary Plat, and the Alderbrook Subdivision Final Plat, Phase 4. Old/New Business: Acceptance of Canvassed Votes: The Mayor read the Canvass of the Vote (see attached). Chadwick moved to approve the abstract of votes, Nielsen seconded the motion. All ayes: motion carried. Nielson moved to approve the Consent Agenda, Chadwick seconded the motion. All ayes: motion carried. Public Hearing: River Ranch Subdivision – The Mayor reviewed the public hearing rules. We will start with the Applicant, followed by a report by staff, then public testimony which will be limited to three minutes per person, Applicant rebuttal and then the public hearing will be closed and Council will move to deliberations. During the hearing if you want to speak, you need to sign the input sheet. The Mayor asked that everyone not speak while others are speaking. The Mayor asked Council if they had any conflicts of interest or ex parte contact - hearing none, the Mayor opened the public hearing and asked the Applicant to speak. David Powell, RiveRiver Engineering Company, 2447 S. Vista Avenue, Boise. The Applicant had a video presentation. Powell stated he is the Project Engineer and would like to discuss annexation. He has been involved since project inception in 2004. In 2005, Canyon County approved a Conditional Use Permit for this development. Subsequent to the Conditional Use Permit, Canyon County approved a Comprehensive Plan Map Amendment which made the development an approved use. There were three ponds, landscaping and 188 lots in two phases. At the time of development, the property was not contiguous to the city limits of Star. In 2006- 2007, the City annexed the property to the north and this property became contiguous. It does 1 have existing roads, sanitary sewer and utilities from Star, so it only makes sense to annex into the City of Star. Powell is asking for approval of the annexation and zoning designation of Residential (R2). The Applicant has read the staff report and agrees with it and is asking Council for approval. Powell continued with the preliminary plat which was constructed in the 2004-2005 period. We went into a depression and there were no homes built. The current developer has purchased the property, all the lots in the first two phases are ready to build. With the annexation in place, the preliminary plat shows a drastic difference from the original plat. They are planning to finish out the public roads and finish out the lots in phase 3 with landscaping and irrigation. There are two smaller ponds in the first two phases. They will create six larger lots with a private road near the new lake. Canyon Highway District has approved the private road, but they must meet their standards. The remaining 80 lots in Phase 3 have been reduced to 30 lots and the lake will be expanded. The lake will be exclusive to the larger estate lots. The other element of the six lots and larger lake is that they will conformed better to the surrounding properties. There is a large equestrian property to the west and a large estate with a lake to the east which are all located in Canyon County. The large lake will be a huge amenity. They have reviewed the staff report and agree with the conditions, and now request approval. Nielsen asked if Powell can explain/elaborate on the larger lake being exclusive and how that would be an amenity to Star. Powell stated that they have reduced the lot counts for one, and the larger lake allows them to build more wealth into the development. There is a Sportsman Access along the river, a larger lake frontage and an access for Flood Control District along the river. It is basically the best fit for the surrounding area. Nielson stated the amenities will largely be visual. Powell stated that was correct. The Sportsman access is where – Powell showed the direction of the access along with access for Flood District #10 and stated it will be controlled with an automated gate which will close at dusk. Nielsen stated there are a lot of people that hunt ducks down there and he is wondering if a sportsman shoots a duck and it falls in the lake will they be able to retrieve it. Powell stated that as long as it is an honest shoot they could probably retrieve it, as long as they are not shooting over the lake. Powell pointed out that there is a slight rise in the parking area. Chadwick asked about the gate for public access, will it allow people to leave the area. Powell stated that it would allow them to leave even after dusk. Chadwick stated that the staff report recommends safety stations for the ponds such as flotation devises in case someone falls in. Powell stated that this was not an issue. Hershey stated that there will be shotgun noise, and asked if this will be a problem. Hershey stated that if this is approved you obviously know there is a Sportsman Access there. Powell stated that it was not a problem. Powell moved on to the presentation for the Conditional Use Permit. Powell showed the current contours showing the limits of the existing pond and then the enlarged lake, which will be at a depth of up to 25 feet. The Conditional Use Permit is not required for gravel extraction, but is required for crushing operations. With the intent of the development to control the gravel extraction, they will not be selling to outside developments, but will use that gravel for their 2 other projects. To have that crusher within the development will make multiple products and will remove the gravel faster. With the original project all the aggregate was used to elevate the project out of the 100 year flood plain. There is a huge demand and material is available. As soon as we get the CUP and get permits, the excavation will begin. Once the extraction is complete, we will move right into development. The developer controls all the lots so there won’t be an issue of lots and extraction. The Canyon County Highway District has reviewed the CUP process and based on a thorough review of the report, Canyon County Highway District #4 points out that the original project included Bent Lane and a turn lane on Highway 44 which basically mitigated the gravel operation with the initial development. The Canyon County Highway District #4 does have certain conditions if we get approval of the project or if we don’t get the CUP approved and go with just gravel extraction, we will have to have Bent Lane monitored. In the event there is damage to Bent Lane the development will be required to return it back to its current condition. The building will happen quickly once the extraction is done. They already have two platted phases and again, they agree with the staff report and request approval of the CUP. Chadwick asked how long will the gravel extraction take. Powell stated that it will depend on the market and certain projects being approved. Powell stated that it won’t be sold to the public, so it could be three years. They understand that as required by the conditions of approval, they will have to modified the CUP if it takes too long. Powell is shooting for no more than three years to complete extraction. Staff: Ward stated there were four additional agency letters received. Letters from: Idaho Fish and Game, Canyon Highway District #4, the City of Middleton and Boise River Flood Control District #10. Public Testimony: Patricia Nilsson, Development Director, Canyon County, 111 N. 11th Street #140, Caldwell, Idaho, handed out a letter to each of the Council and read the letter into the record. (See attached copy) Mr. Powell is correct and this development has been approved through Canyon County and has since expired. They did request and received a Comprehensive Plan Map Amendment and Rezone. Bill Kinard, 12349 W. Seven Lakes Lane, Star, asked how does this development affect the water flow of the Boise River and what is the elevation of the lots in relation to the 100 flood plain. The Mayor stated that the Applicant will reply to his questions during rebuttal. Tyler Round, 6331 Bud Lane, Star, stated his grandparents live right on Bent Lane. Round stated that there were some legal issues raised by Canyon County, it makes sense they be included. Round stated that he has no main issues with the preliminary plat. His main concern is gravel trucks. Iupati’s property to the east has been taking gravel out and there have been people out there before; his main concern is that there is one school bus stop and so the kids are on the road and with trucks on the road it is a concern. Once the homes get rocking there will be another bus stop, the people that build the houses by the river will understand the concerns. The Sportsman Access needs to be locked down as no one is there. Round asked that the bus stop be moved into the subdivision. 3 Tom Moore, 21961 Bent Lane, Star, stated he lives just off of Bent Lane, he has been involved since the beginning of the development. He is not against the development and not against the pond, he is concerned about trucks. He has had a dog hit and his wife almost got hit. His daughter walks the entire length of the road and that is a major concern with gravel trucks. Another concern is the noise from the rock crusher, it will affect everyone’s quality of life. Even if the crusher is down in the pit – he will still hear it. He showed Council where he lives and he is sure everyone will be affected. He is concerned about his quality of life while crusher is engaged, he would hope there are hours of operation put in place. Tom Erlebach, 1130 Second Street, Star, asked who owned the Sportsman Access. Right now Erlebach has access all the time. Erlebach stated that homeowners don’t want to hear shotguns and he believes the City should control the gate. Mike Iupati’s Father-in-Law, 21831 Castagnola Lane, Star, stated his biggest concern is the annexation, where does that leave us. Can they have hunting and will they have to annex. They want to be able to target shoot. Target shooting was part of the reason the kids bought the property. The Mayor stated that you will not be affected; you can still do what you want to with your property. The City of Star does not prohibit shooting in the city limits as long as it’s done safely. No issues whatsoever. David Bauman, 232 Langer Lake Way, Star, asked about the concerns that Maureen O’Shea brought up. The City should be cautious about the FEMA letters. The Mayor stated that if they are required to do something, they will have to comply. Rebuttal: Tim Eck, 6152 W. Half Moon Lane, Eagle, stated the river channel will not be affected in any way, there were subsurface weirs installed. All the approved lots have LOMR- Fs, they have surveyed for flood certs, the entire subdivision was built above the flood plain. Every lot developed will have a LOMR-F. They have had a lot of issues with kids burning sofas and generally causing problems. Fish and Game is supporting everything Eck wants to do. Flood District 10 is also in support of it as well. The lots will be developed in the phase 3 as the gravel is being extracted. Crushing is faster and gravel can be used for other items. We’ve reduced density by 50 lots. Vehicle traffic would be higher with the addition of 50 lots. Their gravel truck drivers will be responsible. If there is a time restriction for bus stops we can limit trucks going in and out of the development. They have had a decibel reading at a similar crushing site. At the houses, it will be at 50 decibels and will be like a quiet urban daytime. A lawn mower for instance is 100 decibels. If you are outside you will hear something, but won’t notice it if you are inside. The Sportsman Access was not a recorded easement on the plat – it ends at 100 feet past the first two phases. Outside of that area people are trespassing. Eck asked if the City wants to have the Sportsman Access easement. Eck will work with F&G and the City regarding the easement. Chadwick stated we need to negotiate the timing of the gravel extraction. If we can find out the movement of the busses, maybe we can make a condition of approval to stop gravel movement two different time of days, especially with truck drivers. We don’t have a say with the school district and moving their busses. He is all for the Sportsman Access being controlled by Fish and Game. Eck stated they do intend to start building in there with trucks coming in and out. The 4 only access is at the entrance of the subdivision, if we build homes next year there will be half a dozen homes that will control the gravel extraction. Nielsen asked for clarification on Boise River Flood District 10 regarding the access gate operation and maintenance. Are you planning to put Fish and Game or the HOA in control of the easement. Eck stated that Fish and Game wants to grant an easement that is perpetual on the plat note. Flood District #10 does have an easement, but they do not want to maintain the area. Eck does not have a problem working with the City or Fish and Game on an easement. They will make it a part of the CC&Rs that it needs to be maintained. The area will be open from dawn to dusk. Nielson stated that he appreciates that, as the HOA would like control and it could become a contention; he is open for the City or Fish and Game to have the easement. There will be foot traffic up and down the easement. The City of Middleton has asked for the pathway. Eck stated that the site is already being built to FCD #10 standards; people will be able to walk down it. The pathway is 25 feet wide. Yorgason addressed the first testimony from Canyon County regarding annexation. The City has received two letters from Canyon County specifically regarding the Area of City Impact and we have reviewed those letters. Idaho Code Section 67-6526 does talk about County and City working together to annex property. Title 50 however describes a Category A annexation, when you read Title 50, it states that an annexation may extend beyond the area of impact, it also talks about procedures for Category A annexations. We have discussed with the Attorney General’s office and the Tax Commission stated that annexations are discretionary, but both offices did not have any problems with the City moving forward with the annexation. We also looked at annexation history, the statute was amended back in 2008. The purpose was to fix the conflict in code. It clarified the Category A annexations and states that they may extend past an Area of Impact and in addition it was a little unfair to the land owner to say they have to wait until the government figures out the procedures. The City of Middleton, Mayor Taylor states the law does not prohibit annexation into another City’s Area of Impact. Middleton is not contesting the annexation. This is in Middleton’s Area of Impact and also in Canyon County, we believe it is allowed and appropriate to move forward. The Mayor closed the public hearing and moved into deliberations. The Mayor stated that the application is for Annexation, Zoning, Preliminary Plat and a Conditional Use Permit. Hershey likes this and likes the great questions. He is glad to hear about the decibels. However, he doesn’t want to hear lawnmowers. He wants hours of operation and days even if the noise is less than a lawnmower. Discussion was held on the hours of operation, maybe end around 5 pm at night. The noise is not a white noise, it’s a crushing noise. Chadwick suggested adding timeframes of bus loading times, and asked if we need to condition the easement. Yorgason stated the Applicant does not have a preference. You can add there will be a perpetual easement of the Sportsman’s Access, but we need to think about it. The Applicant will have the 5 HOA take care of maintenance of the access. You can make a condition of approval to dedicate it to the City or to Fish and Game with City approval. Nielsen stated that with regard to previous comments regarding hunting and retrieval and public cannot go on private property to retrieve game if property is posted no hunting, then we have an irresponsible way to collect game – he has a problem with that. Nielsen suggested putting language in the CC&Rs for retrieval of game as only a posted right. Chadwick teaches Hunters Ed and it is the responsibility of the shooter to know where it lands and to go to the property owner to get permission. If the owner says no then the police get involved. Chadwick stated our legal counsel has done work with AG’s office and the annexation is legitimate. Hershey discussed hours of use being seven to five for the crusher hours, Monday through Friday. Chadwick suggested nine to five, not on Saturday and Sunday with hours for kids 15 minutes before the bus comes to 15 minutes after it goes. Eck stated that the buses are fairly on time, we can have a limitation of a half hour centered around the stopping time. Nielsen stated his concern is the walking to and from Highway 44. Maybe have 15 minute before and 15 minute after the bus leaves. Kids are going to school in the dark right now. Eck asked if this is limited to school season, yes, everyone agreed. Eck will lobby the school district to move bus stop into the subdivision. Time to be seven to five on weekdays, nine to five on Saturdays and no operations on Sunday. Hershey moved to approve River Ranch File #AZ-17-03, PP-17-03 and CU-17-04 as stated. Zoning to become Residential (R2) and approve the Preliminary Plat with stated conditions with the quite time for busses to be seven am to five pm Monday through Friday and nine am to five pm on Saturdays and no extraction on Sundays. Perpetual easement of Sportsman Access to control the gate to be Fish and Game or City of Star, quiet time for gravel trucks to be 15 minute before and after posted bus stop hours while school is in session. If the school district moves the bus stop this is to be revisited by the City; and approval of the conditional use permit, Chadwick seconded the motion. All aye: motion carried. Public Hearing – Lark Subdivision Short Plat: The Mayor stated that this is a Short Plat Application for a two lot subdivision. The Mayor reviewed the public hearing process. The Mayor asked Council if they had any conflicts of interest or ex parte contact, hearing none the Mayor asked the Applicant to speak. Applicant – Caleb Kenyon, ABCO Engineering, #16 12th Avenue Ste. 112, Nampa, stated they are requesting a Short Plat for two lots. They will be developing each with a parking lot, storm water will be retained on site, there will be no new roads, there are driveways, and they are not proposing to change zoning or make lots smaller. David Moorhouse, McCarter Moorhouse, 3536 W. Ryder Cup, Meridian, owner of the property stated he was really just there to answer questions if Council has any. 6 The Mayor reviewed the application and that they are looking at splitting the parcel into two properties. There will be a dentist and possibly a pharmacy. The Dentist was in the audience. Public Testimony - The Mayor asked if there was anyone that wanted to testify. Hearing no response the Mayor closed the public hearing. Chadwick moved to approve the Lark Subdivision Short Plat with the thirteen conditions of approval, Hershey seconded the motion. All ayes: motion carried. Public Hearing – Trident Ridge Subdivision: The Mayor stated this application was for a Preliminary Plat for the Trident Ridge Subdivision. The Mayor reviewed the procedures and asked Council if they had any conflicts of interest or any ex parte contact, hearing none the Mayor asked the Applicant to speak. Applicant - Tim Mokwa, Hayden Homes, 1406 N. Main Street, Ste. 109, Meridian, stated he is requesting Preliminary Plat approval of the Trident Ridge Subdivision. The development consists of four parcels and goes north of Beacon Light Road, up Wing Road which ends in a cul-de-sac. There is a 50 plus acre parcel north of Farmers Union Ditch. They are proposing to retain the 50 acres as natural path and parkway. They are proposing 324 residential lots. The property was previously annexed and zoned; the area above the canal is zoned Residential (R1) and below the canal is Residential (R3), there are some constraints on the R3 zones. Mokwa showed the Preliminary Plat and stated the Ada County Highway District has made some changes and they had to refine the layout to meet concerns and conditions. There will be eight phases and they will be starting on the south to coincide with utilities. The intention of the layout was to create different housing products. Mokwa showed a map of the different areas with different lot sizes. As you can see the tan area is conservation area, the brighter green is open area, the orange lots are larger lots, tanish orange is the smaller lots and the smallest are the yellow lots. They will extend Star Sewer and Water as required. The ACHD staff report modified the plan with sidewalks and Wing Road improvements to a thirty foot width and ACHD improvements to intersection of Wing Road and Beacon Light. Wing Road will be improved to a 30 foot width with a right hand turn lane at Beacon Light as proposed by the traffic study. Ada County Highway District is requiring a collector street with sidewalk on both sides. On the south end they will be stubbing roads to the neighboring properties. With the reconstruction of Scenic View Road, it will have four lots taking access. Mokwa stated they have been through the staff report and have met with staff. Regarding the 50 plus acre parcel, the original intention was to dedicate it to the City as a natural buffer, they are flexible on the mechanics. If it is a perpetual easement, they are flexible. Their thoughts were on dedicating the property or keeping it within the HOA and not having a public access. It is the intent to construct a parking lot at the end of Wing Road. The neighbors liked it for providing separation and buffer of their lower density lots and Mokwa’s higher density lots. Mokwa asked what the City wants to do. Mokwa stated they disagree with staff’s recommendation of building a bridge across the ditch. There is a fifty foot easement at the end of Wing Road. There is a crossing there and any 7 emergency vehicles responding could park in the parking lot. Mokwa is open to working with the neighbor to rebuild the existing bridge. With regards to Conditions 3 and 4; they have met with Ward on the revisions of the roads. They have made the changes for both Ward and ACHD. There is a condition regarding several easements and they agree. The irrigation agreements for those that are now identified, they will maintain their water rights. Mokwa has met with Star Sewer and Water and will comply with their conditions and agree with their two conditions. They did hold a neighborhood meeting, and concerns were loss of farm land and urban crashing into rural. One of the other comments was about low income housing or tract housing. The Comp Plan states there needs to be a mixture of housing types. Mokwa showed the models of housing. Their top home is shown on two acre with RV garage, they have two story and one story homes, homes with three car and single car garages were shown. The neighbors were also concerned about light pollution. Mokwa stated the lights will meet UDC and they will minimize the light. As far as irrigation, it’s hard to know where the ditches are. They will follow Idaho Code. The common areas will be irrigated, and neighbors will be put on a rotating irrigation schedule. There is adequate sewer and water. Regarding the traffic generated, they did a TIS study and submitted it to the City and ACHD. The ACHD staff report was driven by the study. Mokwa asked if they can address any further information. Mokwa stated he would stand for any questions. Chadwick asked to confirm on page 13 of the ACHD staff report, they approved Kosma Road intersection and cul-de-sac at Allysia Road. Mokwa stated that there was one condition for connection. Both ACHD and staff expressed concern over safety, Mokwa made the change and put a connection road in the center of the blocks. Council is looking at the old composite. Nielsen asked in regards to the upper area toward Farmers Union how are you controlling run off for irrigation. Mokwa stated the layout of top roads is following the slopes of the road, there is a slope easement of 40 feet to preserve views for the lower lots on the upper and toe of slope that would capture any runoff. Nielsen asked if they will drain. If we have a water main break maybe have some pipe to carry excess water away. Mokwa stated that the lots there drain toward streets – it will go down side lot lines instead of street. Nielsen didn’t know about the halogen lights and it would be better with LED. Nielsen asked where the bridge is. Mokwa stated that only one home is taking access from the bridge, the crossing is not the best. Mokwa is willing to work with the property owner on the bridge. The slopes will prevent any emergency vehicle from going on the park area. They can cross on foot and there is a platted right-of-way and can walk across bridge and parking will be at the cul-de-sac. Mokwa does not see the need to cross the ditch again. Hershey asked how many homes of the 324 homes are R1 and R3 or are they all R3. Mokwa stated that the 50 plus acres of Residential (R1) could have one house per acre and they have transferred that number down to the Residential (R3) area. Hershey asked if they are counting 8 the 50 plus acre in the total count. The Mayor stated that he was counting all the property and pulling the lot counts to the Residential (R3). Nielsen asked how they went above the zoning requirement. The Mayor stated that it is the property combined, the City includes clustering, you could require them to put the extra 50 home up above. Nielsen asked if that was in a City ordinance. It is a standard development. He is six lots short of having the maximum amount. Mokwa stated they are at 46% open space. Chadwick asked what the amenities are. Mokwa stated they are exceeding the open space requirement, the drainage area is common area with fitness stations, two tot lots, a natural wetland, picnic shelter, gazebo, an open air picnic shelter, natural trails, and pioneered trails. Public Testimony - Sam Rosti, 1460 N. Pollard Lane, Star, stated he farms to the south and is a member of the Farmers Union Ditch Company and has met with John Carpenter and Tim Mokwa. He questions if there is enough water to irrigate this property. It is 5.25 shares which equals 11 inches to the share, the parcel to the east is right at that acreage. He has enough experience to know it takes an inch of water per acre, that’s what food takes. Housing projects take a lot of water especially with the lawns; when there is not ample ditch water after land owners leave, there will be problems. Farmers Union is deficient on some of their shares, he is concerned when residents don’t have enough water and on the east side of the road it doesn’t leave enough water. He doesn’t down play the development, but he is farming down by the Roselands and they have issues now. Rosti is trying to address the issue with Peterson. Rosti stated that if there is a fire the bridge is not adequate to handle the firetruck, everything is going to stop at the cul-de-sac and will cause a problem for the property owner and ditch company. Irrigation water is short and bridge issue and in lieu this is steep terrain and the drainage is a very major concern if there is snow melt, the water needs to be piped. Terry Hutton, 10824 W. New Hope, Star, stated they have an eight inch irrigation pipe coming down the west side of the property that was put in thirty to forty years ago. Hutton would like a written and recorded agreement for maintenance. He agrees with Rosti, a big pipe coming down – all the water coming down Farmers Union and they also need access for cleaning the ditch. Lloyd Akins, 10390 W. Beacon Light Road, Star, pointed out where he lives. He has two problems with what is being proposed. He is not against development, he does have a problem with traffic coming down Wing Road to Beacon Light, he is concerned about a wider road coming through their subdivision and a smaller road on Beacon Light. Police have had half a dozen accidents; Akins has had five accidents last year. Traffic is an issue with 324 houses up there, it won’t be the same traffic and won’t make much difference coming off of Wing. The second issue is the canal lateral on the east side, a quarter of a mile through the first property and runs down and crosses the road twice, that’s not a good idea it is not his decision. He needs a 30 foot right-of-way and what they are proposing is to have sidewalks on top of pipe – he needs right-of-way, the City has received a letter on that. Chris Todd, 10467 Deep Canyon Drive, Star, stated he moved to Hillsdale two years ago from Eagle. He loves Star, friends have businesses here, the conservation area is a great area for the north area of Star to connect the City of Star. There are not a lot of routes for connecting on bicycles or schools when they go in. He wants a multi-use trail, maybe walk and bike to school. 9 An example would be to look at what Eagle is proposing to keep it native - look at Eagle’s meledrone area. They have neat trails and good vistas in the valley that a lot of citizen use, people are looking to be active. It would be another amenity to the City of Star as there is not a lot of conservation open area. John Pickens, 10200 W. Scenic View Lane, Star, stated he is the one that has the bridge. The traffic is estimated at 2.5 cars per household, this creates about 800 cars. Its one that you wish the developer lived there. That’s a lot of cars to come out on a dangerous corner. The bridge there is an easement that is used by a private property owner. He is not keen on having people use the bridge and walk up and leave garbage. John Boyd, 11387 Waterbirch, Star, stated he has the same concerns. For a thousand people is one road adequate to get people out? The Police Chief cannot speak to this. Someone has already brought up that this is a bad section of road. He doesn’t understand why it is wider in the subdivision and narrower coming out. What is proposed does not make any logical sense at all. Very much a safety problem. Pat Thacker, 4564 Willowcreek Road, he represents the Moyle Family Trust. They have a 60 foot easement and this is not the plat that they agreed to; they do not want to give up that easement. Applicant Rebuttal – Mokwa stated there is a 60 foot egress and ingress to the property on the lower end of the smaller parcel, the road was extended north. They have been back and forth on the design, there may be double frontage lots. This revised version meets exactly where the easements meets their property. Mokwa is open to sit down and work on the access if they get a development. They don’t have a dedicated right-of-way and is open to future discussion with phases 3, 4 and 5. They still have the right to use the access. He met with Sam Rosti regarding water easements, he is now aware of the pipe noted by and Terry Hutton, he has no objections to the Farmers Union. Both letters were similar and easements dedicated and maintenance noted in the final plat, Mokwa is fine with that. Sometimes it’s hard to find underground water. There is no problem with Wing Road. The traffic engineer can speak to traffic safety. Regarding the bridge, they were told that it is an ACHD dedicated right-of-way. John Carpenter, TO Engineers, stated the irrigation lateral runs on the east side of the property and there will be new piping on the west boundary and they will keep that open and maintain it as they want. There were a certain amount of shares, 11 inches of water for the property on the south side where there is 53 acres, there is adequate water. Dan Thompson, Thompson Engineers, did the traffic study. The big issue is Beacon Light and Highway 16, it will be signaled next year. Wing and Beacon Light they are making improvements by putting in an additional stop sign and he has looked at the data, they did have five accidents. He understands the narrowness of Wing Road, they are developing roads to ACHD standards. They don’t own any additional right-of-way. The Mayor closed the public hearing. 10 Chadwick stated that the roadways are different internally compared to the outside. The Mayor stated they can widen it in their development. Chadwick asked to see the intersection. Chadwick asked if we know what the Fire Department does if there is a fire. How do we mitigate the access? Also, how do pedestrians access the area? The ACHD staff report on page 5, second paragraph talks about right-of-way. Page 7 shows it close to the property line. Nielsen personally doesn’t like the access in the application and feels we need to give more consideration to that access. It should be located more centrally to the application with a defined public access. Concerns remain over the water coming off the hill due to the slope. The Ada County Highway District requires lots to retain the water and they have control over grading. Depending on where you put the main line and if it has a break, there will be a problem. Nielsen asked Legal Counsel if he could clarify something with the engineer. Yorgason stated that he could ask the Engineer for clarification. Carpenter stated they have spent a lot of time on the grading plan, it is very important to us. Nielsen stated that he is familiar with TO Engineering, he found 14 french drains on his property and speaks from experience on water drainage. Carpenter stated that Star has a lot of ground water, this property does not. The lots drain front to back, there is a drain on the slope and is hard drained. They did look at specific ground conditions. Regarding the bridge, per the irrigation ditch company the fewer crossings the better. Regardless, they will have to work it out with the property owner. They want access, but only want four-wheelers to go across the bridge for emergencies. ACHD is planning to vacate the road because of topography, they can’t drive up it. Chadwick is willing to condition small vehicles across the bridge. His concern is that it is the worst fire area, how do you protect the neighbors. No one knows which way the Fire Department will come in. Chadwick is concerned about safety. Hershey is concerned about access for firetrucks, especially the type 6 engine. As dry as it gets, there are 50 to 70,000 acres burned each year. There will be something of size that needs to get through. Chadwick stated that we need to consider whether it’s working with the existing property owner or building/repairing the bridge; it needs to happen. The Mayor stated that if this will be used, the bridge needs to be open for pedestrian traffic across it. If it’s a nature trail, if we are going to have the property, there’s got to be a good bridge. Pickens does not want a large fire engine to go across the bridge. Chadwick stated the other concern is irrigation, Mr. Akins has been there forever and he is worried it has been leaking. Mokwa stated they will replace it and move it away from the street. They did not know about the Hutton lateral. They will make sure it is not a problem. Hershey stated there are two different opinions on water and irrigation. The drainage needs addressed and easements before anything is built and safety for traffic. The easement is there and it has to be maintained. 11 The Mayor stated that if we take on the park, we need to make sure we have conditions and make sure everything is in place. Nielsen stated there is nothing in place to take that on. The Mayor stated if the City takes this on we need to make sure it is in place. Chadwick asked how many parking spaces would be installed. Mokwa stated about eight. Hershey asked what the park would cost. Do we have to make the decision tonight? Chadwick stated that if the City isn’t ready to take the park, we need to table it. Ward suggested Council go up and look at the site for themselves. Hershey wants to see exactly what the City is taking on. Mokwa stated that just to clarify, they are open to turning it over to the City, pending negotiations, if not, they will keep it for HOA. Nielsen thinks there are a couple of questions that won’t be answered tonight and would like to make the site visit and then come back and talk about conditions. Yorgason stated that Council needs to table this to a date certain and part of the motion needs to re-open the public hearing for the purpose of the site visit for comments on the property. Nielsen moved to re-open the public hearing to take in additional information and to do a site visit tomorrow morning, November 22nd at 9 am at the property and table the decision on the public hearing to December 19, 2017. Yorgason stated that they will need a summary of site visit. Chadwick seconded the motion. All ayes: motion carried. Resolution 17-06 Valley Regional Transit System – Hershey stated that we were supposed to get additional information, have they ever gotten back to us? The Mayor stated that we have had no answers. Hershey explained that we have asked for them to come back to us with proposals. Nielsen moved to not go into agreement with VRT for service provided. Motion dies for lack of a second. Chadwick asked if we can deny signing the agreement until we get the information. Chadwick moved to table Resolution 17-06 until such time we receive the information requested, Hershey seconded the motion. Nielsen stated he is not in favor of tabling this as it does not send a signal to address a business model. It is a failed business model. All in favor of tabling, Chadwick, Hershey - ayes – Nielsen nay. Motion carried. Agreement with Neurilink Systems for audio installation in the meeting room - Chadwick moved to authorize the Mayor to sign the contract with Neurilink, Nielsen seconded the motion. All aye: motion carried. Reports: 12 Staff – No reports were given. Council – Hershey thanked everyone that reached out when his brother died. Mayor –The Mayor stated the December 5 meeting has been cancelled as won’t have a quorum. The Christmas tree lighting, gingerbread display will be on December 1. We will have a choir from Star Elementary. The Mayor thanked all that participated in the Steering Committee. Executive Session: Hershey moved, Chadwick seconded, to go into Executive Session under Idaho Code Statute 74-206 (1)(f) Pending Litigation. Roll Call: Hershey, Chadwick, and Nielsen – all ayes: motion carried. Hershey moved to come out of Executive Session to the regular meeting, Chadwick seconded the motion. All ayes: motion carried. Adjournment: Hershey moved, Nielson seconded to adjourn the meeting. All ayes: motion carried. The meeting was adjourned at 11:15 pm. Approved: _________________________ Charlten Bell, Mayor Respectfully submitted: __________________________ Cathy Ward, City Clerk 13