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1 Star City Council Meeting Minutes January 6, 2015 The regular meeting of the Star City Council was held on January 6, 2015 at Star City Hall, 10769 W. State Street, Star, Idaho. Mayor Mitchell called the meeting to order at 7:00 pm and Boy Scout Troop 678 led the Pledge of Allegiance. Roll Call: Council persons Chad Bell, Tom Erlebach, Richard Lockett and Tammy McDaniel were all present. Approval of the Agenda: Erlebach moved to approve the agenda, McDaniel seconded the motion. All aye: motion carried. Consent Agenda: Bell moved to approve the Consent Agenda consisting of Regular Meeting Minutes for December 16, 2014, Claims Against the City for December 2014, Findings of Fact & Conclusions of Law for Lionwood Properties (Alderbrook) Rezone and Hiddenbrook Rezone, and pay requests for final payment for parking lot for $25,046.90 and first payment for restroom/concession stand for $73,702.19, Lockett seconded the motion. All aye: motion carried. Public Input: Public Input – No one from the public spoke. Old/New Business: Donation Request – Rebecca Stanhill, 9767 W. Bray Creek St., Star, Idaho stated she was before the Council to ask for financial help from the City for the Mrs. Idaho America Pageant. She explained the various activities she was involved in, fundraising events, and her wish to raise awareness for curing cancer. Bell asked for clarification that Stanhill was before them requesting $2,000.00. Stanhill stated that was correct; that the $2,000.00 was to help cover the $750.00 entry fee and various items needed for participation. She is looking for a commitment by the end of January, though the pageant will not be held until October, so she will know if she has the funds to participate. Last year there were 39 participants and they only allow up to 50. McDaniel asked if she would be requesting donations from any other entities. Stanhill stated she would be approaching those who participated last year. McDaniel asked how she came to be so involved with the Leukemia Society. Stanhill stated her father-in-law had passed away from leukemia and she felt if they found a cure for blood cancers they will find a cure for other cancers. Mayor Mitchell asked Council if they wished to deliberate this request or table it. McDaniel stated she felt it was admirable what Mrs. Stanhill was doing entering into the pageant, but she was not sure if the City should get into donations for this type of activity. Questioned whether they wanted to set precedence. Erlabach agreed with McDaniel and felt this was a good cause, but unsure whether the City should give financial support. ---PAGE BREAK--- 2 Bell stated he was not sure if they could donate $2,000.00, but the City has donated for other things. He felt this request would not set precedence and felt $750.00 to cover the entry fee would be acceptable. Maybe the City could help Mrs. Stanhill with other fund raising activities. Lockett stated he agreed with donating $750.00 for the entry fee amount. Mayor Mitchell noted the donation could come from the Community Relations line item. McDaniel moved to approve a donation to Mrs. Stanhill of $750.00 to cover the entry fee to the Mrs. Idaho America Contest, Lockett seconded the motion. Bell, Lockett, McDaniel aye; Erlebach opposed: motion carried. Building Energy, Inc. Presentation – Ingo Stroup – Ingo Stroup, 200 N. Seneca Springs Way, Star, Idaho explained he was before the Council to ask them to adopt the Home Energy Rating System (HERS) as an option to the local energy code compliance. Stroup went on to give some background on himself and his company, Building Energy Inc. He reviewed the energy consumption chart and the components to energy reduction in home usage, explained what a home energy rating is, and reviewed the history of the energy code in Idaho, noting HERS would now become a third option. Stroup explained the HERS Company would need to review the plans, would do inspections and the builder/homeowner would receive two certificates. Stroup explained HERS would alleviate the need for multiple inspections and would be a valuable marketing tool for builders. Bell asked if he was asking the City to adopt this as a base standard. Stoup stated he was not, he was asking that it be an option. Mayor Mitchell stated we have a building inspector who was hesitate to accept HERS as verification of meeting code; but the inspector does accept Energy Star in place of doing an energy inspection. They are asking that the City accept HERS inspections same as Energy Star inspections. Stroup stated he is asking to level the field and it be recognized as better than code. Lockett asked if builders could build to three different options and this would be one of the options. The Mayor stated the City currently only accepts two options, building to code or Energy Star, and if builders are building to HERS the city still does energy inspection. Erlebach asked what the difference in price would be. Stroup stated most builders make this their base line home, so there would not necessarily be additional cost. Bell questioned the timeframe of inspections by using a third party contractor. Mayor Mitchell pointed out they were not forcing builders to build to HERS. Stroup stated there will be multiple inspections and there are 4-6 other companies besides his who do HERS inspections. Erlebach asked if builders were having problems in other Cities or only in ours. Stroup stated they were also having problems in Meridian, but not in the County. He stated they will work with the inspectors and builders to get information to the City inspector. The Mayor explained he felt it seems we were punishing the builders who try to go above code by requiring City inspectors to also inspect. Approving this program gives the builder another option and the City inspector will not be required to do an inspection. No Certificate of Occupancy will be issued by the City until the City receives a certificate for the HERS Index. McDaniel asked if this program was only for single family homes or also for multi-family. Stroup stated it was for any type of residential home. McDaniel stated as long as it was an option she felt it was a good option for our builders to build a better product and they should adopt it. ---PAGE BREAK--- 3 Erlebach asked if it would cost the City more. The Mayor stated no, there would be no additional cost to the City. McDaniel moved to adopt the HERS Index compliance option for the City of Star, Erlebach seconded the motion. All aye: motion passed. Public Hearing – Alderbrook Revised Preliminary Plat (public hearing continued) – Mayor Mitchell reviewed the process for the public hearing. The Mayor asked Council if there was any ex parte contact or conflicts of interest; hearing none the Mayor opened the public hearing. Applicant – Bob Taunton, 2724 South Palmatier Way, Boise, Idaho stated he was representing the applicant and the revision in front of them will show they have tried to accommodate the revisions the Council requested. He explained the plat revision’s which included expanding total open space, creating a grassy playfield, creating a central landscaped picnic area and active playground, adding landscaping and benches, reducing width of ditch easement for additional open space, enhanced Can-Ada landscape buffer, realigned entry off Can-Ada and improved streetscape along Can-Ada. The entry was moved so it now faces the driveway of the homeowner across the road. The playfield off Can-Ada is equal to six lots and will be a multi use green area able to be used for large numbers. The drainage retention basin is moved to the lower southwest corner. The small playground will be landscaped looking conceptually at possible benches, BBQs, picnic table and play equipment – aimed at children 5 – 12 years old. Open space is increased to 24%, not including drainage ponds. The HOA will be responsible for maintaining the gravel road/pathway along ditch and developer will share cost of ditch improvements. They are requesting two variances; the first to allow W. Hollow Tree Ct. to exceed code cul-de-sac length and the second to allow W. Hidden Point Dr. block length to exceed code of 500 feet to 658 feet. Taunton reviewed the various subdivision design constraints. Staff – Staff had nothing to add. The Zoning Administrator was not present. Public – Anthony Kelley, 1086 N. Starbright Lane, Star, Idaho stated he still sees a good chunk of open space along the canal and was concerned for children's safety. Applicant Rebuttal – Taunton noted they are talking about a drainage ditch, not a canal along the property, and it would have a variation of water levels. They anticipate smaller children playing in the smaller playpark and should be under parental supervision. Older kids most likely will play in the large open park. Erlebach asked for clarification between a ditch and a canal. Mayor Mitchell explained the ditch is a collector ditch and doesn't deliver water; while a canal delivers water to various ditches. Taunton pointed out the ditch is there and they must work around it; possibly they could do some fencing. He noted the large playing field does not include the buffer area. Erlebach asked if the developer would be putting in the small park area amenities or would they wait for the Home Owners Association to install. Taunton stated the developer would put them in and noted they were not looking at putting picnic items in large park area as it would be open for large activities. Erlebach noted they might look at a gate with a safety latch. Mayor Mitchell closed the public hearing and moved to deliberations. Council – Erlebach stated he felt the amended plat looked a lot better. Lockett stated he also felt it was a good plan. ---PAGE BREAK--- 4 Bell stated he felt they had come back with a good plan for land that has various restrictions. They came back with better open space and amenities. Bell moved to approve File PP-15-01, Preliminary Plat for Alderbrook Subdivision with the thirteen stated conditions of approval, Lockett seconded the motion. All aye: motion carried. Roseland/Pavilion Commons Agreement for Land Exchange - Cliff Brown, City Attorney, explained the agreement had not yet been approved by the DBSI Group and therefore was not ready for review. Mayor Mitchell removed the item from the agenda and stated it would be placed on a future agenda. Public Hearing – Hope Ridge Subdivision Development Agreement Termination/Rezone – Mayor Mitchell reviewed the process for the public hearing. The Mayor asked Council if there was any ex parte contact or conflicts of interest; hearing none the Mayor opened the public hearing. Applicant – Mayor Mitchell explained the City was the applicant for this public hearing and reviewed the history regarding the development agreement for the Hope Ridge Subdivision. He stated it was before the Council to declare the property owners in default of the agreement and to rezone the property back to rural transitional (RT). The plat was now expired, as of March 2014, and was therefore in default. It was being rezoned to RT as is stated in the development agreement and per the City's Unified Development Code. He stated the purpose tonight was to declare voiding the development agreement and rezoning to RT, one unit per two acres, and recognizing that either of the current two property owners could come back and rezone their property. Erlebach asked if the property could be farmed and if there was any infrastructure on the property. Mayor Mitchell explained the property is currently being farmed and there was no infrastructure. There are now two separate owners; and the development agreement binds the property not the property owners. The RT zoning will allow each owner to start over. Public – No input from the public. Mayor Mitchell closed the public hearing and moved to deliberations. Bell moved to approve File DA-15-01 and RZ-15-03, Termination of the Development Agreement for Hope Ridge Estates Subdivision and rezoning the property to Rural Transitional (RT), Lockett seconded the motion. All aye: motion carried. Ordinance No. 243 Hiddenbrook Rezone – The Mayor explained this Ordinance was to codify the rezone the Council had previously approved. McDaniel moved that pursuant to Idaho Code, Section 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. 243 be considered after reading once by title only, Bell seconded the motion. Roll Call: Bell, Erlebach, Lockett, and McDaniel – all aye: motion carried. Bell moved to approve Ordinance No. 243, an Ordinance of the City of Star, Idaho, rezoning certain real property located in the City of Star, generally located south of Floating Feather Road and east of Munger Road (Ada County Parcel #S0407120610) from a Neighborhood Commercial (C-1) classification to a Residential (R-2) classification; amending the Zoning Map of the City of Star to reflect such changes; and providing an effective date, Lockett seconded the motion. Roll Call: Bell, Erlebach, Lockett, and McDaniel – all aye: motion carried. ---PAGE BREAK--- 5 Ordinance No. 244 Use of Weapons in City Parks – The Mayor explained the State had passed code that prevents the City from allowing firearms on public property. At this time the City has an ordinance that allows firearms and this Ordinance will correct City code. Erlebach asked if when they incorporate the 58 acres at Heron River, would they be allowed to hunt. The Mayor and Bell explained they would not, as the property would become City owned. Erlebach asked about the River Walk. The Mayor explained the City did not own the River Walk, only the park area. Mayor Mitchell explained that by passing this Ordinance it would make the City compliant with State law. Bell moved that pursuant to Idaho Code, Section 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. 244 be considered after reading once by title only, Erlebach seconded the motion. Roll Call: Bell, Erlebach, Lockett, and McDaniel – all aye: motion carried. McDaniel moved to approve Ordinance No. 244, an Ordinance of the City of Star, Idaho, providing for regulations for all publicly owned parks in the incorporated boundaries of the City of Star, repealing specific sections of Ordinance No. 113; and providing an effective date, Erlebach seconded the motion. Roll Call: Bell, Erlebach, Lockett, and McDaniel – all aye: motion carried. Resolution 15-01 Amending the Personnel Policy - McDaniel stated she felt the Resolution is in line with what the City is looking for. McDaniel moved to approve Resolution 15-02, a Resolution of the City of Star, Idaho, amending the City of Star Personnel Handbook; amending Section IV Employee Classification, Compensation, and Benefits for Travel Expense Reimbursement; adding a new section for credit card reimbursement; adding a new section for cell phone reimbursement and providing for an effective date, Lockett seconded the motion. Erlebach questioned the Mayor as to what he felt about all this. Mayor Mitchell stated he felt it was all appropriate. Bell noted the only thing it says on the phone bill is one-half but doesn't define the data plan amount. The Mayor stated it was subjective and varies. Bell asked the Mayor if he felt ten gigabytes would be appropriate. Mayor Mitchell stated ten gigabytes would be ample and since their last discussion the plan has been reduced and the second line removed. The phone may become his private line again and not be used for City business. At that time his phone number would not become public record. He stated he had no issue with the policy, but would have to make a personal decision as to what to do with his phone. All aye: motion carried. Reports: Staff – Staff had nothing to report. Council – Bell informed the Council he had met with Kelly Fairless with Valley Regional Transit and received an update as to where they are going. He had expressed the City’s concern regarding the City’s money being equitably used. Fairless stated they may look at other options, possibly a van instead of the bus. Erlebach informed them the Christmas tree would be coming down tomorrow. ---PAGE BREAK--- 6 Lockett had nothing to report. McDaniel informed the Council she will be going to Las Vegas again to help with her parents. Mayor – Mayor Mitchell noted the weather has slowed down the construction of the concession stand. Adjournment: Mayor Mitchell declared the meeting adjourned at 9:03 pm. Approved: Respectfully submitted: Nathan Mitchell, Mayor Kathleen Hutton, Deputy City Clerk