City Council Regular Meeting

STAR COUNCIL MEETING MINUTES May 20, 2002 A regular meeting of the Star City Council was held on May 20, 2002 at the Star Fire Station at 7:00 pm. Mayor Gail Glasgow called the meeting to order and all stood for the Pledge of Allegiance. Roll Call: Spence, Mitchell, Stegenga – all were present. Approval of Agenda: Stegenga moved to remove 6c-Waterview Final Plat and 6d- Meadowbrook Final Plat, Mitchell seconded the motion. All aye: motion carried. Consent Agenda: Stegenga moved to approve the Consent Agenda, Mitchell seconded the motion. All aye: motion carried. Public Hearings: Ordinance No. 66 Gas Franchise - The Mayor opened the public hearing stating that it was for a gas franchise agreement which would be for a 40 year term at 3%. The Mayor asked for public input, hearing none the public hearing was closed. Ordinance No. 67 Flood Plain - The Mayor opened the public hearing and asked for public input. Pam Leverett, 946 S. Main, Star, Idaho asked if this ordinance was one that meant you could not build on your land. Mayor Glasgow stated that you could still build on the land. Devin Dodd, 979 S. Main, Star, Idaho asked about the stipulations on building. Stegenga stated that an additional building permit would be required, the elevation of the house would need to be two feet above the base flood level, manufactured homes would need to be anchored, any build up on the property would require some type of water storage. The Flood Ordinance is available at City Hall from 8 am to 5 pm and at the library. The Mayor asked for a staff report. City Zoning Administrator, Carla Olson stated that there is a lot of misunderstanding about building in a flood zone. If the property is located in the flood way you won’t be able to build on the property. Olson showed the Council a map she has drawn to show the different flood levels. Olson has five concerns regarding the flood ordinance: - the City’s policy on under built property – these owners won’t be able to get a building permit, 1  - mailed notices were sent to the people in the flood way, but many of them have been returned, - on page 6 of the flood ordinance the blank space is for adoption of a map, Olson suggests adopting a working map or best available map, - also on the discussion of the 100 year flood plain blanks she also suggests best available maps, - - the fifty foot setbacks will require more property Mayor Glasgow stated that if you live South of 780 S. Main you are in the flood way and cannot build according to Olson’s map. Spence stated that pages 11-16 explain about the flood ways and that you can have a flood study done to build. Scott VanHoff, State Coordinator for FEMA stated that property in the flood way will require an “Engineering No Rise Certificate” to be built on and they are expensive. Building in the flood way is discouraged, you cannot endanger your neighbors by building on your property. Pam Leverett, 946 S. Main, Star, Idaho asked if a 2,500 square foot house would cause flooding. VanHoff stated that it could. VanHoff stated that insurance is made available to citizens, but not until an Ordinance is adopted by the City. This insurance is only available through FEMA or Lloyds of London. This insurance is important, as you will not be able to get a conventional loan without the insurance. The City’s ordinance must meet minimum standards. The City and FEMA work together on the ordinances. Heidi Carlson, 960 S. Main, Star, Idaho stated that she is a realtor and has several listings in the flood plain and they can’t get insurance. VanHoff stated that the City will need to make application to FEMA with a compliant ordinance, this can be done fairly quickly. Carlson asked for an estimate on the “No Rise” certification. VanHoff estimated that it could be between $5,000 to $50,000. Mark Ross, 252 S. Main, Star, Idaho asked that if when the insurance is available will the lender require it to be purchased. VanHoff stated that if there is a difference in the maps, the insurance companies may come back and audit and require that insurance be purchased, there won’t be any back charges. The Mayor closed the public hearing. Spence stated that Star looked at Middleton’s and Eagle’s flood ordinance and in the rating system we should be able to get better rates. 2 Kuenzli/Sorenson Zoning – The Mayor opened the public hearing and asked if there was any ex parte’ contacts or conflicts of interest among the Council. Spence stated that she may have a conflict of interest, but the Idaho Code stated that she does not have a conflict due to no financial gain. She does not want the newspapers to write about her not having a conflict of interest. She did buy her property from the Kuenzlis. Mayor Glasgow stated that he lives within 300 feet and has no conflict of interest. He did receive a call from Mr. Kuenzli asking him to come over and discuss the property, but he declined. Stegenga stated that he lives within 300 feet of the Kuenzli property. He also stated that he had a discussion with Mr. Kuenzli, but discussion was about how the developer was picked. The Mayor stated that applicant was to speak and was given ten minutes. Dean Sorenson, 1423 Tyrel Lane, Boise, Idaho thanked the Council for their reconsideration of the zoning. He sated that the application began with the Comprehensive Map Change from Ron Bath for Ron Kuenzli which requested a designation of about 3.6 houses per acre. The Council changed the zoning according to the application and no concerns were mentioned. On March 2nd Stegenga moved to zone the property commercial and R2 and didn’t consider the application as commercial, R2 and R4 and the applicant does not want to be annexed if they cannot have the requested zoning. The applicant moved to disqualify Councilwoman Spence, both parties believe it inappropriate. She lives across the street which was bought from the Kuenzli’s, she was angry with Marie Kuenzli when Spence solicited money for the Senior Center and was turned down and also was turned down when she tried to solicit a signature for a recall petition for Mayor Glasgow, she is or was once the President of the SNAG organization, she filed a letter with Ada County against the air strip (a copy of the letter was given to Council). Councilwoman Spence should not participate as she cannot pass the test against IC Statute 67-6506. Sorenson asked that the Council approve the commercial, R-2 and R-4 zoning and believes there is no reasonable reason to not approve it. Ron Bath, 1729 Whitney, Eagle, Idaho stated that there is no intent to build a large commercial development on Star Road – there will be no mall. Bath discussed a survey of elementary kids and how they saw growth in the area, they believe there will be a lot of growth. 3 Prices of the areas were discussed, there will be homes from $150,000 to $250,000. There will be about 350 homes but they won’t be built overnight. They are estimating between seven and ten years. There will be about 40 homes in the R-4 zone and 20 lots in the R-2 zone. Stegenga asked about the access from the sewer plant to Highway 44. Sorenson stated that there was a deeded access point and will follow the sewer lines. Stegenga stated that the commercial had been changed to C-1 instead of C-2. Bath stated that the C-1 was previously approved. Spence stated that they are requesting two thirds of the property be zoned R-4, does Bath realize that medium density is R4 to R1. They want this changed from R-1. Also the Limited Office is being changed to C-1. The Findings of Facts and Conclusions of Law have not been done on this property. The Mayor asked for a staff report. Olson read her staff report. The zoning request was in conjunction with the comprehensive map change. On March 18 the Council annexed the property at R-2 and C-1, this hearing is for a reconsideration of the R-2 zoning. Olson stated that the City had received two letters from the public one in favor and one against. Stegenga asked Council about the consideration of disqualifying Spence. Chris Yorgason, City Attorney, stated that there are legal issues with Council and conflicts of interest. These statutes refer to economic issues and these would need to be disclosed. The statute that Mr. Sorenson referred to is a conflict of interest due to economic interest. Yorgason cited a case, which interprets economic interests broadly, and stated that people need to be impartial when making decisions and cannot be biased or will be barred from participation. The Council and Mayor do not have the authority to bar another Councilperson. It is the Councilpersons decision whether to recuse herself, however, if she is wrong she could be subject to both civil and criminal penalties. Spence stated that she talked to an attorney in Boise and he stated that she had no conflict of interest. She merely asked Marie Kuenzli if she wanted to participate in the recall and Senior Center and that was all. She does not have an issue and is not affected. The Mayor asked for comments from the public. Trina Neu, 754 S. Star Road, Star, Idaho stated that she lives within 300 feet of the project and did not receive a notice. She is concerned about the proposed access road and how we will handle traffic. She would like to see growth detailed and detailed information on the commercial location. Jimmy Markham – not available 4 Heidi Carlson, 960 S. Main, Star, Idaho asked about the signs that were posted, they blew down. She stated since incorporation in 1997 and two Mayors there were only 643 homes. There have been 1059 homes approved since Glasgow was elected. Chad Bell, 11630 W. 3rd Street, Star, Idaho asked that the Council consider the impact of the property and know what is going to happen. They need to be specific and need to comply and provide a layout and timeline. Kristen Battey, 2420 N. Munger, Star, Idaho stated that the Comp Plan was a vision with many people involved and we need to quit making changes at the whim of developers. She believes that this parcel deserves better than an R-4, Star doesn’t have a lot of land and we don’t need to be a tiny town of R-4 zoning. We need to put the brakes on development and represent the community and not the developers. Jack Warner, 567 Syringa, Star, Idaho stated that there was a lot being said about R-4, he does not believe it is enough. We’ve got to bring the people in or we won’t have schools. Developers can make a lot of money, he is in favor of R-4 zoning. Dave Salaets, 584 S. Star, Star, Idaho stated that he lives across from the development and wonders about the wisdom of the commercial zoning. He doesn’t believe it is for the people of Star, it will ruin the character of Star, it will add traffic, we don’t have schools and no infrastructure is in place. Is it necessary, it will effect future generations and there is no reason for it. He moved to Star because it was small. Dan Samples, 12080 W. State Street, Star, Idaho stated that he is located north of the development. He doesn’t believe that it needs to be R-1, but doesn’t see it all being R-4 either, R-2 and R-3 makes sense to him. He is confused about the business district with this commercial zoning, he believed it to be in the downtown area and we shouldn’t mix residential with commercial. He stated that Munger Road will come through and sewer lines will match roadways and would like to see the roadways match from his to Sorensens. Nancy Merrill, City of Eagle, Eagle, Idaho stated that subdivisions are hard to swallow and it’s much better to responsibly develop larger tracts than smaller parcels. Developers and builders get bad raps, but they bring roads and sewers and schools. Ron Bath is a favorite developer in Eagle and will sit down with neighbors and plan and get involved with the development. Merrill stated that Eagle would like to work together with Star. Mary Ann Johnson, 875 S. Star, Star, Idaho stated that she lives adjacent to the property and wants R-2 and R-1 zoning. Robin Gillespie, 1179 N. Star, Star, Idaho stated that she had lived in Star all of her life, close to 40 years and hears all these new people in Star that want to be the last person to move out to Star. She stated that her Mother sold out to a developer. We need to get qualified developers and responsible subdivisions. She stated that Fire Chief Courtney 5 won’t allow things in Star without it being safe. Growth is coming and we need to let the qualified developers in. Ron Bath (applicant) thanked Nancy Merrill for coming to the meeting. Bath stated that he understood the Comprehensive Plan, he stated that low density was rural character with two dwellings per acre, medium density was four dwellings as they exist on the Comprehensive Map and about 80% of the light industrial would include commercial shopping centers and malls. Bath stated that this development was thought out and the commercial would be to rural character with a minimum depth of 150 feet. He sees doctors, dentists, veterinary offices, something to benefit Star. There are presently six, one-half acre parcels on the frontage to R-4. A lake divides R-2 from R-4 and there are buffers and one Star Road access and two Highway 44 accesses all with nice entries. The canal through the property will prevent a lot of growth. Mayor Glasgow stated that the letters from the public were from Trina Nau against the development and Martha Sexton in favor of the development. The Mayor closed the public hearing. Spence moved that the prior decision be upheld and the property be zoned R-2 and Commercial One. Motion dies. Mitchell moved to approve the zoning as submitted and presented on the map, Stegenga seconded the motion. Discussion – Spence called an attorney and he told her that there was not enough information to change the Comprehensive Map and we don’t want to approve. She also talked with Pat McKeegan, an architect, about the development on Star Road – he is not in favor of a Comp Map change. She believes that the airstrip should never be considered in this application. The Comprehensive Plan has just been updated and she has attended several meetings when Mayor O’Connor was in office. There was a lot of input and a lot of hard work that went into the updating the Comprehensive Plan. Mitchell stated that he is not changing his stance due to the lawsuit – 80% of the property was zoned light industrial. He believes R-2 and R-4 can be a good development. They want into the City and can make Star a better place. He believes it’s a good development. Stegenga stated that the Comp Plan was worked on for two years and can assure everyone that the area designated light industrial was done with no vision it was just a matter of we need the area and a place to zone it. It is time to revisit the Comprehensive Plan. We won’t get amenities if we don’t have development – we need to control growth. We need more commercial streets than just one. Spence disagrees with Stegenga. 6 Mayor Glasgow stated that the Plan that Spence was referring to was not the Comp Plan but the Zoning Ordinance, the Comp Plan has not ever been updated. Vote – Spence – nay, Mitchell and Stegenga – aye. Motion carries. Zoning Ordinance Changes - The Mayor opened the public hearing and stated that this ordinance is to change the setbacks, signs, and add home occupancy to definitions. The Mayor asked for staff report. Olson stated there were no letters from the public or from entities. Spence asked if the ordinance was exactly like Eagle’s and asked if the certification to City Hall shouldn’t be ten days instead of seven. Oliver Cleaver, 1790 W Spanish Bay, Eagle stated that it was difficult for developers to deal with the setbacks on an R-4 zone with a 80x100 feet deep property and a two story house with side setbacks at 12.5 feet, most loose their three car garage. He is in favor of changing the setbacks. Jim Eagen, 11577 3rd Street, Star, Idaho stated that he complained about the old signs and is pleased to see a visible sign on the Bradley property. The Mayor closed the public hearing. Stegenga moved to have the Clerk make the necessary changes to the Zoning Ordinance, Mitchell seconded the motion. Discussion. Spence asked if she didn’t agree with all the changes did she have to agree to the entire motion. Yorgason stated that motions must be voted on as a whole, and not in parts. A vote is cast in favor of or in opposition to the entire motion. It was determined that Spence did not agree with the set back portion of the changes. Spence stated that Mitchell and Stegenga made the changes to the Zoning Ordinance. Mitchell stated that there were too many odd size lots. Spence stated that she went to Brad Carlson and Pat McKeegan and they believe by eliminating the middle zone the developers add about $400,000 profit, an estimate would be per every acre add 6.2 houses and Spence is not comfortable with that. Stegenga stated that an R-4 zone means four houses per acre. Mitchell stated that the changes work with lot sizes and setbacks will help with potentially different types of housing. If the public doesn’t want the change they should testify. 7 Spence asked why the changes now, this was never an issue before. Mitchell stated that it never applied to any other subdivisions, he agreed with McKeegan they use our zoning ordinance to plan. Spence wants posted notice no later than ten days to City Hall. Stegenga stated that it is ten days to post, and requiring certification ten days in advance would mean that the posting requirement is actually 11 days, the issue is bringing to the Clerk notice of the sign posting and this is not an issue. Spence stated that there was an issue with the 8x11 signs being up one day and down the next. Mitchell stated that the size of the sign and seven days is okay. Stegenga amended his motion to add the Home Occupancy and Sign requirement sections and direct Staff to make the necessary changes and bring the ordinance to the next meeting, Mitchell seconded the amended motion. Roll Call: Spence-yes, Mitchell-yes, Stegenga-yes; motion carries. Stegenga moved to modify the Zoning Ordinance to add the proposed setback changes and direct staff to make the necessary changes and bring the ordinance to the next meeting, Mitchell seconded the motion. Roll Call: Spence-yes, Mitchell-yes, Stegenga- yes; motion carries. School District Parking Lot Conditional Use – The Mayor opened the public hearing and asked the applicant to speak. Daren Fluke, JUB Engineers, Boise, Idaho stated that the application was to reconfigure the parking lot as part of the Star Road improvement. There will be a drive isle and cars will face school and Star Road. A landscape parking plan is being prepared. Mayor Glasgow asked if it was the part to the North by the basketball court. It is. Spence asked if there was parking on both sides and if the school owned the property. Yes to both questions. The Mayor asked for a staff report. Olson stated that the new parking lot would be on the West side and there would be nineteen parking spots with two handicap and loading zone and seven spots on the North. There are a number of items that are not in compliance. We need a landscape plan and we have not received letters from entities or from public. Olson stated that the Council should see the landscape plan. The Mayor closed the public hearing. Stegenga is concerned and would like to see the landscape plan and agrees with the Engineer regarding questions about drainage. 8 Spence stated that she would like to continue it to next meeting and all work together. Mitchell asked do we need to keep public hearing open for comment from engineer and JUB. The Mayor reopened the public hearing. Fluke stated that the drainage will be going into the right of way and the landscaping is not in compliance but needs one five foot strip put in; there will be buffering on the front side of the property and they fully intend to landscape. Mitchell moved to approve the School District Parking Lot Conditional Use permit with the follow to be approved before building: 1- landscape plan approval, 2- drainage plan approval, Spence seconded the motion. Roll Call: Spence-yes, Mitchell-yes, Stegenga- yes; motion carries. The Mayor closed the public hearing. Unfinished Business: Council Person Appointment – The Mayor stated that John Dias had withdrawn his name as an appointment. The Mayor would like to appoint Chad Bell to the open Council position. Bell stated that he was committed and concerned about the future of Star, he has no personal agenda and hopes to be a stabilizing element. Mitchell moved to approve the nomination of Chad Bell, Spence seconded the motion. Roll Call: Spence-yes, Mitchell-yes, Stegenga-yes; motion carries. Swearing in of Council Appointment – The Mayor will swear in Chad Bell at the June 4th meeting. Pristine Meadows Findings of Fact and Conclusions of Law - Stegenga moved to approve the Findings of Fact and Conclusions of Law including the condition that the park be developed with lawn and sprinklers, Mitchell seconded the motion. Spence- abstained, Mitchell and Stegenga-aye; motion carried. New Business: Pristine Meadows Park Name Request – Mitchell moved to approve the park name request to be deeded to the City as Crews Park, Stegenga seconded the motion. All aye; motion carried. 9 Rockbridge Waiver of Fees - Stegenga moved to grant the fee variance of $744 for the amended plat, Spence seconded the motion. All aye: motion carried. Adjournment: Mitchell moved to adjourn the meeting, Stegenga seconded the motion. All aye: motion carried. Meeting was adjourned at 10:30 pm. Respectfully submitted: Approved: _______________________ ________________________ Cathy Lambert, Clerk Gail Glasgow, Mayor 10