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1 Star City Council Meeting Minutes March 4, 2014 The regular meeting of the Star City Council was held on March 4, 2014 at the Star City Hall, 10769 W. State Street, Star, Idaho. Mayor Nathan Mitchell called the meeting to order at 7:00 pm and all stood for the Pledge of Allegiance. Boy Scout Troop #376 led the Pledge of Allegiance. Roll Call: Council persons Tammy McDaniel, Richard Lockett, Tom Erlebach and Chad Bell were all present. Approval of the Agenda: Erlebach moved to amend the Agenda, adding the Bills Addendum as 4a, moving 4c to 5a Paul Duschka Proclamation, Bell seconded the motion. All aye: motion carried. Consent Agenda: Bell moved to approve the Consent Agenda consisting of Claims Against the City for February 2014, the Bill Addendum for February 2014 and the Regular Meeting Minutes of February 4, 2014, McDaniel seconded the motion. All aye: motion carried. Public Input: Proclamation – March 4 Paul Duschka Day. The Mayor read the Proclamation declaring March 4th Paul Duschka Day. The Mayor presented the Proclamation to Cody Duschka, grandson of Paul Duschka. Public Input – No public input was given. Old/New Business: Public Hearing: Mills Vacation – The Mayor explained the procedure for the public hearing. The Mayor stated that this application involves a subdivision not located in the City limits. The Mayor asked Council for any ex parte contact or conflicts of interest, hearing none, the Mayor opened the public hearing and asked the applicant to speak. Applicant - Alan Mills, P.O. Box 206, Middleton, Idaho, thanked Ward for all the work on the application. The Mayor stated that the property is not within the city limits of Star, but due to Idaho Code it is required to come before the City Council. Mills read the requested vacations: 1. Vacation of the no build zones delineated on the Sage Canyon Estates Subdivision Plat as follows: Lots 3-8, Block 1, Lots 4, 6, 7, 9, 14, 16, 18, 20, 23, 29, 37, 40, 42, 43, 45, 46, 48, 50, and 56, Block 2 and Lot 2, Block 3. 2. Vacation of 8 feet of the 38 foot access easement across Lots 7 & 8, Block 1, leaving a 30 foot access easement. 3. Vacation of the thirty foot (30’) access easement on the lot line common to Lots 4 & 5, Block 1. 4. Vacation of a 30 foot easement on the eastern boundary of Lot 56, Block 2. 5. Between Lots 26 & 27, Block 2, property owners are requesting the common lot line ---PAGE BREAK--- 2 be vacated as to make one larger lot out of the two existing lots. A portion of the ten foot (10’) common public utilities, drainage and irrigation easement along said lot line is also vacated. The twenty-eight foot (28’) access easement on said lot line is also vacated. 6. Vacation of an inaccurate delineation of a drainage line shown on the recorded plat and running east to west on Lots 9 through 19, Block 2 and Lots 2 through 5, Block 1. 7. Vacation of the thirty-five foot (35’) wide flood conveyance easement as shown on the Plat of Sage Canyon Estates, Phase II. Erlebach asked what the size of lots are. Mills stated that they range from one acre to 3.49 acres. Staff – Ward stated that Canyon Highway District #4 had sent a letter; a copy has been given to Council. Ward stated that the City has not received any negative comments about these variances from residents or agencies. Trisha Nilsson, Director of Canyon County Development Services, thanked Ward for all her work. Nilsson reviewed the procedures the subdivision had gone through with the County. Nilsson stated that she sees no concerns. Trevar Mills & Spencer Kofoed are in support of the project, but chose not to speak. Bell stated that the way he reads this, if it was in our City it would be approved as there are no problems with it. The Mayor declared the public hearing closed and Council moved to deliberations. McDaniel stated that it appears there is no opposition, all agencies are not showing opposition and like Bell stated it complies with our Comprehensive Plan. McDaniel stated that it does not create any landlocked property; it does not restrict access to any parcel and does not reduce the quality of public services to any parcel of land. McDaniel stated that she has no objection to the approval. McDaniel moved to approve the vacations for Sage Canyon Estates, Phase II, File# VAC-14-01, with the two conditions, Bell seconded the motion. All aye: motion carried. Public Hearing: LifeSprings Church Conditional Use Permit – The Mayor explained the process of the public hearing. The Mayor stated that for public disclosure he does live within 300’ of the property being discussed. The Mayor asked Council for any ex parte contact or conflicts of interest. Hearing none, he asked the applicant to speak. Applicant – Jesse Ferrer, 9909 W. Lanktree Gulch Road, Star, Idaho and Tim Nay, 12264 W. Havencrest Drive, Star, Pastor of the Church. Nay stated that they are asking for much of the parking requirements to be deferred so they can finish the inside of the church. This project began seven or eight years ago and the LifeSpring Church is starting brand new. They have spent five years building a congregation and collecting funds. They are just asking to defer the project. Ferrer stated that they would basically bring in utilities and will put in the landscaping, lights, and parking at a later time. ---PAGE BREAK--- 3 Erlebach stated that they wanted to defer the project for two years after certificate of occupancy. Ferrer stated that they are expecting the C of O (certificate of occupancy) in three months. They don’t have a problem agreeing with getting permits for phase two. Phase two will be extending out two levels, phase 1 is finishing the inside. The gym will stay the same size. Erlebach asked about the landscape plan and the handicapped spot on the west corner. The Mayor stated that one of the original approvals for the church was the handicap access. Erlebach asked if Valley Regional Transit will be able to use the park and ride. No answer was given. Erlebach asked again about the handicapped access. Ferrer stated that it was never addressed. Erlebach stated that it needs to be considered. The ingress and egress are on the northwest corner of Star Road and on First Street. Erlebach suggested putting bushes in to block the headlights. Erlebach has not seen a drainage problem in the last five years. McDaniel asked if Council grants a deferment, will they have to provide life safety issues. The Mayor stated that they have to have paved handicapped parking spaces. Bell asked if the parking lot will be improved over what it is now. Ferrer stated that they will bring in pit run and oil it, it is to the church’s advantage to do this. Bell asked what they will do for dust. Ferrer stated that he thought they would do what Sully’s did. Bell stated that Sully’s is a recycled asphalt. The Fire Department wants a knox box. Ferrer stated that they are not asking to defer the knox box. They will comply with all the life safety issues. Erlebach asked what they are doing on the inside right now. Ferrer stated that they are constructing the inside. The Mayor stated that they have been issued a building permit and they can complete requirements for the building; they are asking for the deferment of the permit. We are altering the conditions of the building permits. Erlebach asked what recourse we have if they don’t follow through. The Mayor stated that we have legal authority to revoke occupancy. Only a temporary occupancy would be issued now and if they didn’t comply with conditions, we would revoke zoning compliance and have the legal authority to remove them from the building. If the Council revokes the permit we have plenty of legal authority. Erlebach stated that he doesn’t want to get into the habit of deferring things. It’s been sitting for eight years and doesn’t want to see it sit for another year. Ferrer stated that the church has been broken into. Erlebach asked when they are planning to build the front area. Ferrer stated that they have plans ready to go now. Staff – Staff had nothing to add. Public - Denice VanDoren, 4071 W. Frost Street, Star, Idaho, stated that she is the northeast neighbor and has no objection to what the church is doing. What she is concerned about is the shaded area; along the north side of the church. The Mayor stated that it was not a part of the application. It is a vacated alley way deeded to the church from the highway district. It was on the original plat as part of phase 2. VanDoren stated she did attend the neighborhood meeting and understood there would be 13 parking spaces there with the end being the egress onto ---PAGE BREAK--- 4 Poplar. It ends at VanDoren’s driveway. She understands it is not part of this phase, but wants to know if there is anyway the City would look at not allowing the parking spaces and putting a road through. The Mayor stated the applicant can address whether it accesses to Poplar. VanDoren called Ada County Highway District and it is not a requirement from them to have the road go through. The Mayor stated the access to the church is on Star Road and First Street and they meet the requirements. VanDoren doesn’t want to hinder what they want to do. Dustin Christopherson, 503 N. Pringlewood, Star, Idaho, stated that he can understand the need for the church to be able to do this. Christopherson stated that he is against this. We have a lot of properties in Star that have conditional use permits that don’t comply as far as parking lot requirements and a lot that do comply. To do a deferment, there is a possibility of it not being in compliance and the City will have a mess on their hands. Cody Duschka, Australia, stated that his grandfather’s house is across the way and the building is an eye sore and apparently is not a priority to them. They need plans, it is an ugly building that looks like a tin shed and traffic will impact neighbors. Minnie Victory, 937 Blue Heron Drive, Middleton, Idaho, stated that she does not live in Star, but she is for the project. The reason for her support is the local organizations such as the Lions Club and Chamber don’t have a large enough building to hold events. It was an eye sore, but it is improved. She is looking forward to a place where people can come together. She knows they have a plan and they will finish it. Nay wanted to show Council the inside of the building on his cell phone. The Mayor stated that we could not do that; we need to keep a clean record. Nay stated there would need to be a lot of improvements. It was the engineer’s idea of using Poplar as an exit. Ferrer stated that if they don’t get the approval tonight, the building can sit forever. This summer the building will look finished. If they don’t get the conditional use permit it will get done, it will just take longer. Nay stated the deferment will allow them to use it as a school. Nay stated that he has been involved with Outreach and the school and they will have a place to hold meetings. Open to have events in the church. There is no place in the City for the community to come together. Ferrer drives by it every day. There needs to be a church. McDaniel asked if they have an estimate of the money they will need to raise for the parking. The total project is $203,000 for the parking lot. Construction costs have gone up in the last six months. Erlebach stated that they need to figure out the square footage and then get your parking lot installed. Ferrer stated that the problems with churches are not enough parking or money. Ferrer asked how the parking on the side of the building got there. The Mayor stated that it was part of the original conversation of the church, but doesn’t mean it needs to stay. Ferrer stated he was never told or seen a set of plans calling for the parking on the side of the building. The Mayor believes it showed as a driveway not parking. The conditions apply to your property as is. The Mayor stated that it doesn’t matter what church it is, the conditions are on the property. They could sell the property tonight and the conditions the Council put on the property would ---PAGE BREAK--- 5 stay. The Mayor stated that improving the road to Poplar would require major upgrades. The highway district approved that access in the beginning and then the applicant will need to improve it to the highway district standards. Ferrer stated that it will be part of the phase 2 permit process. Lockett asked if it would it be better to set a date. The Mayor stated that we could. The worst case scenario is the building permit was issued valid for six months and extended for six months. There is a deadline. The permit will expire a year from the date it is issued. The worst case scenario will be a three year period. The Mayor stated that Council has the authority to put conditions on this application. Lady in the audience asked how it was allowed to be built as an eye sore. The Mayor stated that our code does not consider it to be an eye sore. It meets the conditions of the code. The lady asked who the staff was that approved it. The Mayor stated that whoever was on the board approved it. The church there was not deemed historical and had several issues. It was allowed to be torn down. The Mayor stated that we all would have liked the building to be completed at that time. Erlebach stated that they would need to put up some lighting. The Mayor stated there are two options: require lighting or a condition that they can only use the building in the day light. It is not being used currently so there is no issue now. It has been asked for it to be waived. Ferrer stated that it won’t be an issue in the summer time. Nay stated that he understands everything that Council is saying. Lockett asked about weed abatement and what will be used for the parking lot. The Mayor stated that we have plenty of laws in place that we can enforce. Ferrer stated that the parking lot will be to finished grade. Erlebach doesn’t like it, but is okay with it. He wants lighting and believes it will be beneficial. The Mayor asked if Nay would like to be more restrictive on hours of use or install lights. Ferrer stated that only two or three lights are required. They want to put the lights in instead of hour restrictions. The Mayor declared the public hearing closed and Council moved to deliberations. McDaniel thinks the benefits of having them occupy the church outweigh the drawback of not having it black topped right away. It offers a meeting room. She is in favor of granting a deferment with light fixtures installed. McDaniel stated that it is an improvement over what it is now. She does not want to see an extension in the two years. Bell stated that it is never comfortable to veer off of conditions or defer ordinances. It is a balancing act by setting precedence, we write these ordinances for purpose and there are always exceptions. The property has had a history. We have new ownership and doing the best with what they have. We are giving them a conditional use to defer. He does not believe there is a solution and believes it is in the interest of the community. He is looking at granting the conditional use permit for two years with required lighting to be installed now. He wants the ---PAGE BREAK--- 6 lighting ordinance implemented now. He is in favor. He doesn’t like it but will grant the deferment for two years. Erlebach moved to approve the conditional use permit, with the one stated condition and lighting installed as a requirement, Lockett seconded the motion. McDaniel asked if the lighting is temporary lighting or will it comply with our ordinance. The Mayor stated that it will comply with our ordinance. Motion carried. Resolution 14-02 Keller Associates Fee Schedule – The Mayor explained that this resolution is for a rate increase. The sheet shows increases and decreases in hourly rates. McDaniel moved to approve Resolution 14-02, a Resolution of the City of Star, approving a fee schedule provided by Keller Associates for Engineering services for the City of Star; authorizing the Mayor to sign said agreement and providing an effective date, Bell seconded. All aye: motion carried. Resolution 14-03 Saddlebrook HOA Irrigation Agreement – The Mayor stated that this Resolution is for an agreement between the City and the Saddlebrook HOA to supply irrigation water to Blake Haven Park. McDaniel moved to approve Resolution 14-03, a Resolution of the City of Star, Idaho approving the agreement between the Saddlebrook Subdivison Homeowners Association, Inc. and the City of Star, Idaho to provide pressurized irrigation to Blake Haven Park; providing for fees; authorizing the Mayor to execute such approval on behalf of the City; and providing for an effective date, Lockett seconded the motion. All aye: motion carried. Reports: Staff – Chief Laraway stated the department has been trying to reach out more to the school and have more lock down drills with the kids. They did a safe trip home program on cross walk safety. We had deputies reading to the classes yesterday. They did arrest the man that was burglarizing the LifeSpring Church. The Chief stated that Justin Elliot was promoted to a detective position for North Ada County; he will now have an office here in Star. The Chief has not received the annual report yet. Council – McDaniel stated she attended the Fire District meeting last month. She also went to the Retreat and thought it went well and is excited about the next year. Erlebach took down future park sign at Hunter Creek. Erlebach was asked to find out about fencing at Hunters Creek and Westpointe Park. Mayor – The Mayor stated the Council spent three days at Ashley Inn in Cascade for the Council Retreat. He believes it was very productive, we have priorities and will have a budget amendment in April. The Mayor will get the contract to Olson’s. The Mayor stated that with regard to the baseball field, we are putting a mound on one field but not the other, West Valley is comfortable with this. We will start projects once we get the budget opened and we will get Bob Hall’s sprinkler system fixed. The Mayor stated that if we don’t get a response on the rent that is due from the 960 S. Main property Legal Counsel will start the paperwork. ---PAGE BREAK--- 7 Adjournment: The meeting was adjourned at 8:45 pm. Approved: Respectfully submitted: Nathan Mitchell, Mayor Cathy Ward, City Clerk/Treas.