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1 Star City Council Meeting Minutes August 6, 2013 The regular meeting of the Star City Council was held on August 6, 2013 at 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. Roll Call: Council persons Tom Erlebach, Tammy McDaniel and Chad Bell were present; Councilman Gary Smith was absent. Approval of the Agenda: Bell moved to approve the agenda, Erlebach seconded the motion. All aye: motion carried. Consent Agenda: Bell moved to approve the Consent Agenda, amending the Claims Against the City to include a Pro Care bill of $15,982.00 for sprinklers at Roselands Subdivision, approving the Regular Meeting Minutes of July 16, 2013, and the Findings of Fact and Conclusions of Law for Roselands Subdivision Amended Development Agreement, McDaniel seconded the motion and the amendment. All aye: motion carried. Public Input: No public spoke. Old/New Business: Parking Lot Bid Award - The Mayor explained that the City purchased the property next door and requested bids for a parking lot expansion for the City and Fire Department. The low bidder was Dave Allen Construction, with a bid of $158,000. Council needs to decide if they want to move forward with the project and award the bid. McDaniel moved to award the bid to Dave Allen Construction for $158,000 for the parking lot, Bell seconded the motion. Erlebach asked about the time frame for the project. The Mayor stated that the project will be approximately 90 days from notice to proceed. All aye: motion carried. Public Hearings: Knife River Conditional Use Permit – The Mayor reminded everyone about the process of the land use public hearing and how the meeting would flow. The Mayor explained that the public hearing was for a Conditional Use Permit for Knife River to mine gravel. The Mayor opened the public hearing and asked Council if they had any ex parte contact or conflicts of interest; hearing none the Mayor asked the Applicant to speak. Applicant: Denise Lauerman of The Land Group was introduced as the representative for Knife River. The Mayor started the slide show that was presented. (See printed copy of the slide show attached) Lauerman stated that the map showing the two gray areas are the gravel pits. Pit #1 is 80% complete. The closest distance to a resident to pond #2 is 536 feet and the farthest is just shy of a half a mile. Residents will not be that close and when they had the neighborhood meeting no one really knew the current operating pit was there. The statistics of the development regarding commercial gravel mining is shown ---PAGE BREAK--- 2 on the map. Lauerman stated that Short Road has been conditionally approved by Ada County Highway District for travel to Highway 16. The extraction will be intermittent depending on jobs available that will use the gravel. The proposed operation time is seven am to six pm for both crushing and mining. The mining of 281,000 cubic yards of gravel for pond #2 will equal about 372 days of hauling. Lauerman showed the conceptual plan after the gravel is extracted. The applicant agrees with the conditions of approval in the staff report. Council: Erlebach asked about operations continuing into the night, as there is more going on than just crushing and mining with this type of operation. Lauerman stated there will be no vehicles operating outside the hours. Erlebach asked about the time frame. The applicant is asking for a five year time frame. The Mayor stated that ACHD has asked for a three year approval and Council usually follows recommendations from outside agencies. Staff: Cathy Ward stated that two additional letters were received pertaining to the application: The Department of Environmental Quality and Ada County Highway District. Copies of both letters have been given to the Council. Public Comment: Dave Szplett, Development Services Manager for the Idaho Department of Transportation, 8150 Chinden, Garden City, stated that ITD does not have any problems with this application other than the use of Road. Szplett stated that ITD created as part of the mitigation of the Anderson property; it was not built to standards to withstand hauling trucks. It will not become an ACHD road for several years. The Idaho Department of Transportation cannot spend public money to maintain a road for a private entity. They have given Knife River four options: find an alternate route, construct an overlay for pay to maintain and repair the damage to the road, or purchase the road to become a private road. ITD is prepared to sign off on the road for public use with a weight limit. Szplett stated that the light at Highway 16 will be going away very shortly so that route is not an option. The only concern for ITD is for a decision by the applicant to choose one of the four options given. Larry Laraway, 8885 W. State Street, Star, Idaho, stated that his property boarders the Anderson property on the west side. The original plan called for four ponds and he wants to make sure that the new plan for two ponds is all that will be allowed. Laraway stated that the rock crusher has been running outside the hours; he can hear it from his bedroom window. Laraway won’t oppose the other two ponds, as they are still in their proposed area, but they will have to traverse his property and he has issues with that. Knife River has flooded his property before. Debi Warnick deferred to the end of the public input. Quentin Nesbitt deferred to the end of public input. July Obere, 7390 Moon Valley Road chose not to speak, but is against this application. Steve Hardey, 7390 Moon Valley Road, stated that some of the things that were stated are not true. He stated that he is confused about the information sent from The Land Group and what is presented tonight regarding the ponds. The residents and land owners have grave concerns; we are not trying to stop or halt people from making a living. There are several categories of concern; the main concern is the road and big trucks going through a residential area, this is a place where kids play baseball every weekend. The proposed road they are taking is a concern not only for safety, but it will be difficult for ---PAGE BREAK--- 3 the trucks to make a hard 90 degree turn onto Short Road. Any common sense says the route should go directly onto State Street. We don’t want heavy trucks in a residential area. The plat has over sixty home sites proposed which will also dump onto Moon Valley Road; they would like an expert opinion regarding the use of the road. The next concern is water; there have been years when the water has been high and there is concern about the artesian wells. They have been in contact with people, and there is a great concern over erosion, flooding, and also irrigation. They believe a study needs to be done to show the ramifications of mining and pressure from these pits. Finally, artesian wells are a concern; there is one resident already having problems; with two ponds being dug across from him, he would like to see a study from Water Resources. The crusher noise and dust, even with a small pond and if it goes on for a five year period, there is a problem; they can start and stop whenever they want. They are not against some form of mining, but would like it to be limited to a year with no renewal. They would like to see what can be done to mitigate the noise and ugliness. They need a lot more study to address concerns. If the City is granting digging rights for five years with an extension for two years, we have time now to do it right before it’s approved. Hardy asked that their quality of life not be deteriorated. They are not against someone making a profit. The Mayor clarified for the record Hardy’s main concerns, they are: crusher hours, tons versus yardage, traffic study, water concerns including flood, irrigation and domestic water. Dani Hardy, 7390 Moon Valley Road, Eagle, chose not to speak, but is against the route of the trucks. George Jaques, 8243 W. State Street, Eagle, stated that his home has fallen out of escrow five times. They knew they would have to put in private lines and move their leach lines and did so because all plans showed Moon Valley Road as becoming a dead end road. They would not have bought it if they had known it was going to be in an industrial area. Jaques stated that he walks his dog and has almost been hit by the trucks. This will impact his retirement. He doesn’t think the road can take it. He is not against getting the gravel. Charlene Jaques, 8243 W. State Street, Eagle, chose not to speak, but is against the application. Gail Glasgow, 259 N. Mira Avenue, Star, stated that he is the President of Little Pioneer Irrigation District and is in attendance to represent the district. Glasgow stated they had no problems with the current truck route unless the applicant changes routes and the trucks crossed their irrigation ditch. They would then have input at that point. Sharon & Dave Pearl, 7575 Moon Valley Road, Eagle, chose not speak, but are against the application. Fred Belay, 209 S. Palmer, Eagle, stated that he has an artesian well. He wants to know if the applicant digs and Belay’s water goes away will the applicant do something about it. Carol Jeannie Lenon, 8090 Moon Valley Road, Eagle, stated that she is concerned that if there are problems with artesian wells, she will have problems as everything she has runs from her well. When she asked at the neighborhood meeting about water problems, she was told to go onto City water. Rob Caldwell, 7490 Moon Valley, stated that his first concern is traffic. Trucks currently are using State, Palmer, Short Road and Moon Valley. The Mayor stated that all the roads belong to ACHD & ITD and they can use them for the construction for Highway 16. Caldwell asked if Knife River is proposing to use specific roads for their trucks and what will stop them from using other roads. The Mayor stated the City can control it with law enforcement. The Mayor stated that ACHD & ITD have stated that Short ---PAGE BREAK--- 4 Road is the safer road. Mr. Caldwell stated that he would have chosen a different road. One of his other concerns is that they have knocked down signs. Caldwell moved his folks here from eastern Idaho and they are scared to go out on State Street. The crusher is not running on specified times, he can hear it at 7:30. They have also run seven days a week. He is the resident that has the artesian well problems; within the last 30 days it has started blowing air. Another concern is the five to eight year timeframe. He has been told that pond two could be dug out further and could go all the way out to Moon Valley Road. Another question is regarding noise and the pumps. When they start digging and the hole fills up with water, they will have to run pumps 24 hours a day to keep the water out, they will run all night and they are noisy. When he retires he doesn’t want to have to fight a gravel pit. He is not trying to stop it. Also, what happens to geese, birds and deer? They use to have deer in their yard; they don’t have any animals now. Debi Warnick, 7273 Moon Valley Road, stated that she has lived there for about 15 years. Knife River also has a gravel pit at Eagle Island, but they aren’t pulling gravel out of there. She is aware of a lot of gravel pits in the area and knows that a lot of jurisdictions are involved. She is concerned that Knife River is now getting an open approval for another site. She is concerned about the stopping and starting of the mining. She wants rules put in place and Knife River to abide by their commitments. She stated that when the Phillips tried to get their gravel pits approved, Roger Anderson went against it. She doesn’t know the logistics, but does the permit ever belong to the land owner. The Mayor stated that the permit goes with the property which is owned by Sundance. Warnick doesn’t want to be stuck with an eye sore. Quentin Nesbitt, 7435 Moon Valley Road, stated he has lived in the area for 21 years and moved to the neighborhood because of the quiet road. Nesbitt reiterated what Steve Hardy and others had to say. Traffic is a problem and the well issue is a problem when they are extracting. Nesbitt agrees there should be additional information from Knife River for mitigation. He is not trying to stop any one; he just wants to get more information and more scientific answers. Nesbitt believes the conditions of approval should be a one year approval and require landscaping first. The Mayor stated that there are State laws for reclamation of the ponds. Nesbitt would like them to put in the residential landscaping now with berms and trees. The Mayor stated there is no approval for housing right now. Nesbitt has also heard the noise. Nesbitt asked that one condition be the narrowing of the time frame. In the math on the presentation, 372 days and the two and a half months is confusing. How long will it take to get the gravel out; if it can be done in two and a half months then a one year time frame should be considered. Jerry Arbiter stated that he and his wife reside at 351 Springs Lane, and they endorse what everyone has said tonight. They purchased their home two years ago. At the time, his well was pumping 50 gallons a minute at 50 psi, the well now pumps 25 gallons per minute. Arbiter strongly urges the Council to get some hard science on the ponds due to the domestic wells and make it a condition of approval. Arbiter endorses the hours of operation as well. Arbiter also endorses Larry Laraway’s request that only two ponds be permitted. Heidi Prigge, 208 S. Main Street, Star, asked if this is in the flood way. The Mayor stated that some of the land is in the floodway and some is not. Prigge asked if it will offset the situation for those in the floodway. The Mayor stated it will help with the water storage situation. Prigge asked if FEMA would then change the maps. The Mayor stated it will change when FEMA says it will change, but it does not hurt the work she is doing. ---PAGE BREAK--- 5 Lloyd Aikens, 10390 W. Beacon Light, Star, has property at 8153 Moon Valley Road and he is concerned about traffic safety. Aikens stated that safety cannot be addressed enough. It is his understanding that Short Road is going to be closed in the near future and is not going be a thoroughfare. His issue is that it is not suitable for heavy truck traffic. It is a farm road and was only paved by accident; the road wasn’t paved until 1959 and was not manufactured for use as a heavy haul road. There will be problems and it doesn’t matter how many loads are on the road; the first dead kid is one too many. There will have to be reconstruction to get the trucks out there. He has small kids that will be living at 8153 Moon Valley and he is concerned about their safety with the trucks. Currently, the trucks are going too fast coming and going past his house. He is really concerned about it. He believes there are better ways to move the gravel. Aikens said the light at Highway 16 is going to be removed. It would be better putting the trucks directly onto Palmer Lane; Short Road is not a good direction. Rob Caldwell, 7490 Moon Valley, stated that on the corner of Short Road we have two baseball fields and children could run out onto the road. The Mayor stated that Council is aware of what happens at the church and it’s not just children that run out into the road. The Mayor asked the applicant for rebuttal of the testimony. Applicant: Denise Lauerman, The Land Group, stated that this application is for two gravel pits and there are a lot of comments on Highway 16 regarding hauling and crushing. The discussion regarding the subdivision is not a part of this application. Lauerman stated that they will not be crossing the irrigation canals. Mark Standerfer, Knife River, 1605 Black Canyon Highway, stated that regarding the hours of operation comments; the gravel pit operating now is authorized for operations 7 days of week. The Mayor stated that the seven day operation will not be allowed in the City. Standerfer explained the breakdown of the time frame to mine the gravel. The Mayor stated that they could achieve the mining in a total of 372 days. Standerfer stated that there is a limited amount of gravel there. The entire property will not be totally mined. It is not a commercial pit in that the owner wants ponds and aesthetics and the gravel is a byproduct. Standerfer stated that they did go down into the pit when it was dewatered, and dug a pit 15 to 18 feet deep, past the clay level to find out where water was coming from. The water is coming through the gravel. Regarding the roads, ACHD requires them to pay fees (impact fees) to repair the roads due to the heavier truck traffic use. The route shown has been endorsed by both ACHD and ITD. With any rural road there is pedestrian traffic and there could be a concern. Knife River views safety very highly. If trucks are using Moon Valley Road currently, it was not authorized by us. If they had gotten truck numbers or license plate numbers those could have been used to remedy the problem. They did have that issue on the other side of the river. They cannot address items outside of their knowledge and there are multiple other companies using the roads. Standerfer understands the concerns; he just doesn’t know how to address all of them. If all the gravel would have gone to the Highway 16 project, this would be easier. Lauerman stated the reclamation plan will be amended for pond The Idaho Department of Transportation and the owner are in negotiations for one of the four options on the road. The Mayor asked if there was a conclusion and when it would happen. Lauerman stated those are the only two ponds and those are the correct sizes. Standerfer stated that we removed two ponds from the proposal and those were removed by the owner at his request and he is aware that he cannot dig anymore without approval. ---PAGE BREAK--- 6 The Mayor asked why Short Road is the best exit. The Mayor asked the Applicant if they would be opposed to using the light at the highway. Standerfer stated that if it were allowable they would use it. That is a shorter and safer route. The Mayor asked Szplett why they chose that route. Szplett stated it is because of the left turn lane onto State Street to Short Lane, plus there is a ninety degree turn on the approach from Short Lane to State Street. The signal has not been considered, as Moon Valley Road will close at the end of this month, they can still use it until then. The Mayor stated he didn’t think it would be closed then. Szplett stated we needed it for construction. Szplett stated he can complain and keep it open possibly for a while longer. It could possibly be open for another month, but not much more as they have contracts already. Szplett stated that Knife River is working with ITD, but they are stuck. An audience member is concerned about the amount of gravel being mined. The Mayor stated that the gravel being mined now was approved for use on the Highway 16 project at time of annexation. The applicant is now coming back to ask Council to approve the gravel being used off site. Standerfer stated they have exhausted all avenues on using any more gravel on Highway 16. The Mayor asked why Eagle Island gravel isn’t being used. No answer was given. The Mayor stated that it was not a requirement. The Mayor stated that everyone has concerns about operating outside the hours and days of operation. To clarify, the applicant has asked for operations to be five days a week, seven am to six pm and if someone starts prior to seven am or they are crushing on a Sunday the City will address this. Standerfer stated this is not the only gravel pit that has regulations. The Mayor asked about the water issues. Standerfer stated that no formal studies have been done. They heard at the neighborhood meeting about concerns and they did go into the pit into the clay layer for about 15 to 18 feet to find where the water is coming from and there was a band of sand, but it was dry; they were about forty feet from the top of the pit. The amount of gravel shrank going that direction; it is going uphill in the pits. The Mayor asked staff if the Idaho Department of Water Resources was on our distribution list and if we received comment on this project. Staff stated they were notified but did not respond. The Mayor stated that we are not experts and there could be several things that could make the water levels fluctuate. The causes for wells not pumping water is hard to identify. The problem seems to happen when water is taken out of the pit as opposed to static water in the ponds; it seems to stabilize the water around it. The Mayor has no really good way to address the dewatering process. The irrigation issues have been addressed by the irrigation district. The size and scope of the project have been addressed. Anything not on the site plan will have to come back through this process and state agencies will be monitoring the project. Council: McDaniel stated that the Applicant has addressed the issue and integrity of the road. She asked the Applicant if they could tell us which way you are leaning and the pros and cons. Standerfer can’t speak to it right now as it is the property owner’s decision. The property owner is in negotiations right now. McDaniel stated she wondered what the pros and cons were and if it were an easy fix. Erlebach asked where the water is going. Standerfer stated it is being land farmed on about two acres. Elrebach asked if they will continue to do this. Standerfer stated they would. ---PAGE BREAK--- 7 Erlebach asked if it was in the floodway and if they could build homes around it or will they dig the ponds and never be able to build houses. The Mayor stated there are several processes that would allow homes to be built. They can build in the flood plain, they can’t build in the floodway without a no rise certification from FEMA. The Mayor stated that all of that goes away with a Letter of Map Amendment-F from FEMA. If they want to use gravel on the property, they would need FEMA approval. The Mayor stated that most of the ponds are in 100 year flood plain. There needs to be a significant amount of engineering if homes are going to be built. Erlebach stated he use to live off of Moon Valley Road and went through some of the same concerns regarding artesian wells. He was told about a study that calculated the water was coming from the Emmett Foothills and not Bogus Basin to his place. Erlebach asked if Knife River has always hauled gravel out of this area. The Mayor stated that it started with the Highway 16 project. Knife River is the company doing the hauling. Erlebach asked if they were still under contract with Eagle Island. Jess Rhoades, Knife River, 5450 Gowen Road, Boise, stated they have a five year lease; they can extract gravel anytime within the five years. They have decided not to use that gravel because of market price and value. Erlebach asked where this gravel will be hauled. Rhodes stated they are in the construction business, there are no specific projects. Erlebach asked the Mayor if the five years comes up and they want to renew the permit, how much more time can they have. The Mayor stated that they will have an additional two one-year extensions. The Mayor looked for clarification on the time frame. Erlebach knows ACHD & ITD are leaning towards Short Road, but it may be that they have the trucks go all the way down Moon Valley road. Erlebach stated that this property is about 209 acres and the ponds are about 28 acres. McDaniel stated the Applicant said if they had a truck number on the trucks violating the rules, the problem could be addressed. McDaniel asked if Knife River has offered a phone number to the residents so they may call. Standerfer stated that they have not. The Mayor stated that the Applicant asked for a five year approval and they will have to come back for any extensions. Bell stated that ACHD has asked for a three year time frame. The Mayor stated that ACHD is not asking for a specific time frame for hauling; they are addressing the time frame of paying impact fees. The Mayor stated we can look at time frames or we can do administrative approval of time extensions. You can approve fully at two years with three one-year administrative approvals; but if Ordinances change they will have to comply with the rules at that time. Typically things that change are noise and dust. If you approve it today for five years, they are going to comply with conditions that are in place today; or you can outright approve it for a shorter time. Erlebach asked if we can approve this tonight without an agreement between the parties. The Mayor stated that we can postpone this until an agreement is reached between the parties or condition it upon the applicant meeting one of the four conditions of ITD. The Mayor stated that if you make a decision tonight, and condition it, then no one comes back, or not approve it tonight and everyone comes back before the Council. The Mayor would not hold up the agreement regarding the four conditions, he would make it a condition to move forward. Erlebach stated becomes Moon Valley Road, but if they can’t use how do they get on Moon Valley. The Mayor stated the light at Highway 16 is going away and moving the access ---PAGE BREAK--- 8 point would be a benefit. There is still the same problem accessing Moon Valley Road and getting on and off the Highway. Bell stated he has heartburn with this application due to transporting gravel out of the pit; the other concerns are valid but they can be mitigated. He is not convinced this is the best way to get it to the highway. He is in favor of tabling the application until the owner and ITD can find a better way out to the highway and not use Moon Valley Road, maybe another access point right onto Short Road. If we grant a three or five year time frame, he is concerned about the stopping and starting of the mining. In the interest of the neighbors, he would like to see the traffic taken off Moon Valley Road. Bell moved to table this until the land owner and Highway Districts finish their negotiations and jurisdictions come up with a different route to haul the gravel out, Erlebach seconded the motion. The Mayor stated that he did not want to table this for thirty days without a specific plan. Erlebach stated he would like to see them go all the way to the east end and not go by the church. Bell’s thought is direct route toward Short Road. It makes the most sense and is a more direct route. They would still be using Short Road, but wouldn’t be using Moon Valley Road as much. The Mayor asked the Applicant if they have looked at any alternative routes other than Lane. Standerfer stated they were directed to use Short Road as the best route by ACHD & ITD. The Mayor asked if they would have concerns with a more direct route to Short Road. Standerfer stated that a change like that would impact the irrigation canal. Erlebach stated that currently they would have to drive west and then back east to get out of pond two. Bell asked if there wasn’t already a crossing there. The Mayor stated that the property was not owned by the Applicant. An audience member asked why didn’t the hauling end with the Highway 16 project and at a time when they had access off of Moon Valley; now the rest of the residents are being impacted. The Mayor stated that the property is still in mitigation and it is irrelevant to whether we would or would not approve gravel extraction. Steve Hardy asked why the west end of Moon Valley Road couldn’t stay open. The Mayor stated that it is because of the long list of regulations to do with the classification of Highway 16. This is not about why or why not a road is being closed. We have to use alternate roads to haul gravel. Hardy asked why we can’t amend the rules as a better way to get to the highway. The Mayor asked Dave Szplett if he wanted to comment on this. Dave Szplett, ITD, stated that this is a complicated issue. The bottom line is that the intersection where the signal is now has to be closed to build Highway 16, and because of the distance between the two roads. This area is within the Federal constraints called the intersection influence area. We need a certain distance between lights for a stopping distance in the influence area. An audience member asked how long until the new Highway 16 is finished. Szplett stated that it will be one year before you are driving on it. Szplett stated that they have purchased the rights-of-ways and the land cost more than the road and bridges. Kathy Arbiter, Springs Lane, asked why the road along the river, Miller Road could not be used. The Mayor stated that neither ACHD or ITD owned that road and they couldn’t allow access. ---PAGE BREAK--- 9 The Mayor restated the motion to table the application until ITD and ACHD can negotiate with Applicant for a solution and the City would like a more direct route to the highway. Erlebach seconded the motion. It was decided to table the decision to the first meeting in September (3rd). All aye: motion carried. Budget Hearing - The Mayor reviewed the 2013-2014 budget line items. The Mayor opened the public hearing. Public: No public input was given. Council: The Council had no questions. Bell stated that he is not worried about Council, but thinks the Mayor’s salary should be increased. It has been a long time since there has been an increase. Bell believes it should be $30 to $35,000. Bell proposed to increase the Mayors salary to $35,000 and the very outside the Council salaries not go over $12,000 per year. The Mayor stated that he supervises twice the amount of employees and acts as the Planner. Richard Lockett, 290 Delphinium, Star, stated the Mayor does need to be compensated. Bell moved to amend the budget, changing the Mayors salary to $35,000 per year and changing the Council salaries to $12,000 each per year, Erlebach seconded the motion. Roll Call: Erlebach, McDaniel, Bell – all aye: motion carried. Reports: Council - McDaniel stated that she attended the Town Hall meeting. Mayor – The Mayor stated that the Star Fire Department is still in negotiations with the Eagle Fire Department. The Mayor was a member of the committee regarding the vote to consolidate and he was the only one to vote no. The Joint Meeting last night was a little heated due to expenses. Adjournment: The Mayor adjourned the meeting at 10:00 pm. Approved: Respectfully submitted: Nathan Mitchell, Mayor Cathy Ward, City Clerk