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Council Minutes June 17, 2014 Page 1 Star City Council Meeting Minutes June 17, 2014 The regular Star City Council meeting was held on Tuesday, June 17, 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. Roll Call: Council persons Tammy McDaniel, Richard Lockett, Tom Erlebach and Chad Bell were all present. Approval of the Agenda: Erlebach moved to approve the agenda, Lockett seconded the motion. All aye: motion carried. Consent Agenda: Bell moved to approve the Consent Agenda consisting of: Regular Meeting Minutes of June 3, 2014, Waterview Estates Subdivision, Final Plat, Phase 5 and Colt Place Subdivision, Final Plat, Phase 3, McDaniel seconded the motion. All aye: motion carried. Presentations/Public Input: Public Input - No public input was given. Public Hearings: Witte Properties - Annexation, Zoning & Preliminary Plat – The Mayor explained the public hearing process. The Applicant will speak, and then staff, then public input, then the Applicant may rebut any testimony. The Mayor asked Council if they had any conflicts of interest or ex parte contact, hearing none, the Mayor opened the public hearing. Applicant - Tamara Thompson from The Land Group, representing the Witte Properties – Thompson presented a power point presentation. Thompson reviewed the north parcel; the north parcel contains twelve building lots. The Mill Creek Road is the crossroad and it is a private road right now. They are proposing to annex 4.6 acres with a zoning of R-4. The Preliminary Plat has twelve residential lots and three common lots. The owner lives south of this parcel. Services are readily available and it is in compliance with the Unified Development Code and Comprehensive Plan. The southern parcel cannot be accessed by the Mill Creek Road; it is accessed by Broadford Court from Rockbridge Subdivision. They are requesting annexation of this 4.6 acres and a zoning of R-4. The parcel contains 14 building lots and two common lots and utilities are readily available. This property has the Flake Lateral to the south and Middleton Mill Irrigation District to the north. They are asking for a waiver from the conditions of the 450’ requirement for cul- de-sacs. The Fire Department’s requirement is 700’ for a cul-de-sac length. Thompson stated that other than the cul-de-sac length, the south parcel is in compliance with the Unified Development Code and Comprehensive Plan. ---PAGE BREAK--- Council Minutes June 17, 2014 Page 2 Erlebach asked why the road in the south parcel can’t be stubbed as a future road. Thompson stated that it would be conflicting. Erlebach stated that there is a road going to the north in the Steven Springs subdivision and it could go to the east. Thompson stated that it makes it an awkward turn and the bridge crossing is cost prohibitive. Erlebach asked where Witte will access if his property is ever developed. Thompson stated that there is a small bridge crossing from the north property. Witte’s property boundary is the canal. The Mayor stated that the road would have to go through Del Steven’s property. Erlebach stated that it would be nice for the road to continue through. Lockett asked if they had thought about making the south cul-de-sac shorter. Thompson stated that they did look at it, but it is not efficient. Open space is not a requirement because of the parcel size. Staff – No additional material was presented. Public Input - Alan King, 672 N. Devon Street, Star, Idaho stated that he lives right across the street from the south section; he lives south of the Flake. He is not here to protest growth or the subdivision and wishes Witte success on his development. King doesn’t believe that it makes sense not to annexing all of the property. The main property will remain in the county, but they will enjoy city services and it’s not fair to everyone else. King would like Council to give serious consideration to annex all the property. Annexation is inevitable and wants to get it on the tax rolls and make it fair to everyone. The cul-de-sac is too long and there is no connectivity to the Witte property. Tom Evans, 673 N. Tresa Place, Star, Idaho stated that he is not opposed to development, but believes that the Witte property should all be annexed. The development is fine with him. Donn Stoutenburg, 10912 W. Broadford Drive, Star, Idaho stated that he lives in Rockbridge and has no objections to this. He wants the street extended to Plummer. He does understand the problems with private property. Stoutenburg asked about finishing the Mill Creek Lane. The Mayor stated that no development could occur without the road being complete. Bebe Evans, 673 N. Tresa, Star, Idaho stated that they live to the south. She asked if it has been determined what type of fence will go on the south side of the subdivision. The Mayor stated that our code does not require fencing, but if there is one it will come with a landscape plan at final plat. Matt Millensifer, 10016 W. Broadford Drive, Star, Idaho stated that he is interested in the type of fence as well and would like it to match his. The Mayor stated that this information would come with construction drawings and is not required to come back for public hearing. If anyone has suggestions, tonight is the time to talk about it. Millensifer would like to recommend wooden fencing like Rockbridge Dawn Cardwell, 962 Glen Aspen Way, Star, Idaho stated that she lives south of property. Cardwell asked if the CC&R’s will align with the CC&R’s of Rockbridge. The Mayor stated that our code does not require the same CC&R’s. Cardwell asked if there was anyway they ---PAGE BREAK--- Council Minutes June 17, 2014 Page 3 could include specific items. The Mayor stated that the specifics need to be discussed tonight. Cardwell stated that she would like to see the same maintenance as Rockbridge included in the Witte properties. Alan King, 672 N. Devon Place, Star, Idaho asked where a fire truck would enter into the Witte property. King stated that it is a huge problem right now due weeds and fire. This is a real concern, there is not enough access into the Witte property. Applicant rebuttal – Tamara Thompson stated that the CC&R’s are too far ahead of the project. The Fire Department access is the same as it has been and there is ample area to turn around. The Comp Plan calls for medium density. Witte stated that he is keeping his property in the county right now and doesn’t want to pick a zoning designation for down the road. Thompson stated that they have every intention of matching the fence next to Rockbridge. The fence along Mill Creek will be an open fence. The CC&R’s and the look of the property will be good or better than surrounding areas and they will be consistent with Rockbridge. Things will be defined better at final plat. Council - Erlebach asked about killing the grass in the south pasture; is there an access to get into it for a fire. The Mayor stated that there is no road, the road stops at Rockbridge. Witte stated that there is a canal road they could use. There is a little bridge on the Flake if you come in by Plummer there is a road along the canal. The Mayor stated that we have a nuisance ordinance and one condition of annexation will be to get the property mowed. Witte would like the north property mowed. Erlebach asked about the road to the north and it being developed. The road belongs to Rockbridge and Witte can’t do any construction until it is built. Lockett asked if the bridge on the north parcel going to Witte’s property is okay for fire trucks. Witte stated that it okay and they have been over it before. Creating enclaves was discussed. The Mayor stated that if Del Stevens doesn’t annex his property there would be no access other than to the north for any development of the main property and it would create an enclave. Witte stated that the City could just annex the property. The Mayor stated that this City does not force annexation. Witte doesn’t know what the future holds, he platted Rockbridge and he will be a neighbor as well. The Mayor stated that Witte is enjoying city services right now by developing through our process. Witte wants to stay in the county. Evans asked why it would be that Witte doesn’t want to annex the main property. Cardwell asked what the advantages would be to not annex. The Mayor stated that the public input portion has been completed. Erlebach asked when we adopted the 450’ cul-de-sac requirement. The Mayor stated that we have had it for two years. Bell asked what the alternative is. The Mayor stated that it would make the lots smaller and they would have to make a turn around. The Mayor stated that in hindsight Steven Springs should have connected on their north side. Anything other than that would require a dead end. ---PAGE BREAK--- Council Minutes June 17, 2014 Page 4 Prior applications would not have the requirement. The 450’ requirement versus the 700’ fire department length is because we wanted a different look to subdivision. Streets in Rockbridge were discussed. A traffic light will be installed at Plummer. McDaniel asked if a fire truck could go along the canal. The Mayor stated that they could. There is a preserved right-of-way. McDaniel stated that other than the obvious reason not to be annexed, why doesn’t Witte want to be annexed. Witte stated that it will be a surprise. Witte was just at a meeting in Boise where they don’t want Witte to annex. Lockett asked if Witte has water and sewer now. Witte stated that he did not. Cardwell asked if the benefit outweighs the not annexing all of it. That is a question to the Council, why is it a benefit to annex part of the property as opposed to not annexing it all. The Mayor stated that the questions are valid. The Mayor stated that the City does not have to annex the property as presented by Idaho Code. Erlebach asked Witte if he becomes land locked, is your only access to the north parcel? The Mayor stated that one of the conditions is to leave room for the right-of-way. The Mayor closed the public hearing. The Mayor stated that in making a motion, all applications need to be stated. Erlebach respects Mr. Witte’s right to stay in the county and we don’t have to annex him, but the City also has the right to have conditions. Lockett stated that he would like to see the road extended through on the southern parcel. The Mayor stated that we can’t include specifics on tying it to Ramey Creek. We could require a stub street to that parcel. It will require Delbert Stevens to tie in as well. Erlebach asked if we did make a stub out and Stevens developed who would pay to go across the canal. The Mayor stated that Stevens would not be able to develop until the road is completed. Erlebach asked if that road comes out north, will it be to Steven’s property. The Mayor stated that it we could propose to bring the road out to Plummer. The Council has no control on the parcel to the east because it is not annexed. Lockett stated we need to look to the future and ask what if. McDaniel asked how far it is from the cul-de-sac to Plummer road. The Mayor stated that it would be 600 feet, less than a thousand feet. McDaniel stated that if we require a stub street on the parcel to the canal that would eliminate the waiver from the cul-de-sac. It would be recognized as future connectivity. ---PAGE BREAK--- Council Minutes June 17, 2014 Page 5 Bell stated that he would not be in favor of the cul-de-sac and the way things are with the subdivisions around it, but the connectivity is not as big of issue as he thought. It could connect to anything in the future. Since it meets fire codes, he doesn’t have an issue with it. There is good connectivity through the north property. He doesn’t see any problem. He doesn’t think we need that connectivity. Bell understands Mr. Witte not wanting to annex, Bell would be on his side and would not want to be in the City. It is a little negative impact, 27 new lots will be paying city taxes, and Witte won’t be in Star. Bell thinks we should move forward. The Mayor asked that two separate motions be made, one for annexations and zoning and one for the preliminary plats. McDaniel moved to approve file number AZ 14-02 and AZ 14-03 the annexation and zoning of the north and south Witte parcels, with a zoning designation of R-4, Erlebach seconded the motion. Roll Call: all aye: motion carried. McDaniel moved to approve File number PP 14-02 and PP 14-03, the Witte Court North and South Preliminary Plats with the recommended conditions of approval, Bell seconded the motion. All aye: motion carried. Old/New Business: MTI Agreement – The Mayor stated that this is the agreement for professional services for the parking lot. Erlebach asked why it wasn’t included in the bid. The Mayor stated that we want them working for us, not the contractor. They charge an hourly rate. Bell moved to authorize the Mayor to sign the MTI contract, McDaniel seconded the motion. All aye: motion carried. Reports: Staff – The Chief stated that as a follow up, they would request lighting at Hunters Creek, back by the parking lot and one at 1000 S. Main. Council - McDaniel asked the Chief to have patrol watch Nebula Avenue as there is a going up and down the road that is very noisy and goes too fast through the neighborhood. Lockett stated that he attended the Fire meeting last week. The new City welcome signs are up and ITD will be fixing the hole in front of Estrella the first week of July. Erlebach thanked the Chief for checking on the lights and asked if we can get a light at the River Walk. Bell nothing to report. Bell encouraged anybody interested to participate in the parade. Mayor – The Mayor stated that the fireworks will be a little bit bigger this year. Everyone needs to come out. ---PAGE BREAK--- Council Minutes June 17, 2014 Page 6 Erlebach asked the Mayor to talk to Lange’s about covering their haystack. The Mayor stated that he would. Erlebach asked to have a police office by Safari so no one is walking into the fireworks. Adjournment: The mayor adjourned the meeting at 8:34 pm. APPROVED: ATTEST: Nathan Mitchell, Mayor Cathy Ward, City Clerk