City Council Regular Meeting

STAR COUNCIL MEETING MINUTES March 18, 2003 A regular meeting of the Star City Council was held on March 18, 2003 at the Star Fire Station, with pre-Council meeting starting at 6:30 pm and regular meeting starting at 7:00 pm. Mayor Gail Glasgow called the meeting to order. PRE COUNCIL MEETING: Havencrest Presentation - Kevin Amar & Scott Sherill, developer and engineer of Havencrest Subdivision presented to the Council three different options for management of the storm drainage problem they are facing. o Garden Walk/Planter Section o Storm Water Pond Facilities o Storm Water Pump Station (mechanical system) All three items were explained and drawings were shown. REGULAR COUNCIL MEETING: The Mayor called the regular meeting to order and all stood for the Pledge of Allegiance. Roll Call: Mitchell, Stegenga and Bell; Councilwoman Spence was absent. Approval of Agenda: Bell moved to approve the agenda, Mitchell seconded the motion. All aye: motion carried. The Mayor reminded Council of the joint meeting with Ada County Highway District on Thursday at noon at the Fire Station. The old audit reports are to be returned to the Clerk and new ones have been issued. There will be a Star clean up on April 26th from 8:00 am until noon with a barbeque to follow. Citizens unable to clear their yards are encouraged to call City Hall and assistance will be given. The Star Sewer & Water has annexed Rockbridge Subdivision into its district. Consent Agenda: Mitchell moved to approve the consent agenda, Stegenga seconded the motion. All aye: motion carried. Public Hearings: 1 Estrella Subdivision – The Mayor stated that this public hearing was for a conditional use permit and preliminary plat for Estrella Subdivision and asked the Council if there was any conflict of interest or ex parte contact. Hearing none the Mayor asked the applicant to speak. John Moody, 500 W. State Street, Ste. 240, Boise, Idaho stated that the conditional use permit is for the storage units and the preliminary plat is for three commercial lots in front which will be used for office and warehouse space. Moody explained that his engineer had not arrived and he has presentation panels to present. The Mayor continued this public hearing to allow time for the applicant’s engineer to arrive and moved to the next hearing. Rivendell – The Mayor stated that this public hearing was for a Comprehensive Plan Map change, rezone and conditional use permit and asked the Council if there was any conflict of interest or exparte contact. Councilman Stegenga recused himself stating that he has had discussions regarding this development and it was next to his property. Mayor Glasgow stated that he had been advised of this development, but did not believe he had a conflict of interest. The Mayor asked the applicant to speak. Shawn Nickel, 1442 E. Prohaska Court, Eagle, Idaho stated that this application was for an amendment to the Comp Plan Map from a medium and low density residential to Central Business District, a rezone to reflect the same and a conditional use permit for the school. The application includes 8.5 acres. The property will consist of a 1900 sq ft music academy, 5,500 sq ft conservatory, 4,400 sq ft jazz school which could be used as a restaurant, cottages, outdoor amphitheatre, floral shop, caretaker and kitchen units. The landscaping exceeds the City requirements, there will be no plain concrete showing at this facility. There will be a rock and iron fence, four to six feet high and an Ada County Highway District drainage pond will be incorporated in this property’s landscaping. Public services will be provided and 133 parking spaces will be provided. There is a floodway issue and the engineer will be working on it. The time frame on this project will take several years, but they would like to begin immediately. The project will be done in phases. There will be several employment opportunities and about ten different uses for this property. Nickel stated that he hoped the Council will approve the request. The Mayor asked for Staff Report. Sue Hansen, Zoning Administrator read the general discussion portion of her report. The Mayor asked if there was any report from the Engineer. There was no report. The Mayor asked for Public input. Four people signed up in favor of the application. Bill Sargent, 10287 W. State Street, Star, Idaho spoke in favor of the application. 2 Ken & Mary Cenell, 3605 Merlene, Boise, Idaho are in favor of the application, but did not want to speak. Dennis Stegenga, 290 S. Star Road, Star, Idaho spoke in favor of the application. The Mayor asked Nickel to respond to any comments. Nickel thanked the public for their input and read letters from Connie Spence and Heidi Carlson into record. Councilman Bell asked about Delwin Ireland’s property. The property will have a living trust and Mr. Ireland will be allowed to live there until he leaves. There will be a gate for his access. Discussion was held on the possibility of leasing the jazz center to a restaurant. Hansen stated that this information should be included in the conditions. The Mayor stated that they needed to get with Kevin Courtney (Star Fire Department) regarding fire regulations and asked if Sewer and Water can provide services. Nickel has talked with Chief Courtney regarding the fire hydrants and they may pursue another exit. The Sewer & Water District stated that they want the applicants to hurry and get the permits. The Mayor stated that there could be concern over noise, smoke and traffic. Nickel stated that the music would be classical or jazz, there would be no rock type concerts. Regarding the traffic, the response from ACHD was included in the packet regarding traffic. The Mayor asked that Randy Lane of ACHD to amend the ACHD report and change the information on speed limits in Star to: Star Road 35 mph; Main Street 20 mph; State Street 25 mph and correct the road width. The Mayor asked about sidewalks along Star Road. Nickel stated that ACHD had given the applicant three options as stated in the report. The third option will probably be the one implemented. Chris Yorgason, City Attorney asked about a target date. They would like to start in 90 days and start in phases with June 2004 being the target date to open the school. The Mayor closed the public hearing and asked if the Council had any other questions or comments. Mitchell moved to approve the application for Comp Plan Map amendment, Conditional Use Permit and Rezone as presented, to include the eight recommendations from staff, ACHD, Star Sewer & Water District, Star Fire District, City Engineer recommendations and the possibility of a restaurant in the jazz center be included in the narrative, Bell seconded the motion. 3 Bell would like to commend the applicants for a wonderful plan and hope they move forward quickly. All aye: motion carried. Public Hearing continued: The Mayor continued the Public Hearing for Estrella Subdivision. Kent Brown, 1800 W. Overland, Boise, Idaho showed the Council a map of the proposed landscaping all around the facility, the garage doors to the storage sheds will all face inward, they have a request from the property owner to the west to not put fence up dividing their property. The development will have a Western Theme/Look. There will be offices in front with warehouse in back and storage facilities at the back of the property. The storage facilities will have the look of houses. A survey shows that houses that abut storage facilities have a higher market value and ACHD has found that storage facilities are not high traffic generators. Bell asked about the fence and the neighbors. Brown stated that the neighbors to the west asked that the chain link fence not be put up between the development and their property, they would like to add to the landscaping. The developer will maintain the landscaping. Stegenga asked if ITD has a problem with access to Highway 44. Brown stated that they did not. Bell asked if the existing structures would be removed. Brown stated that they would. The Mayor asked for Staff Report. Hansen read her staff report. The Mayor asked for the Engineers Report. Two concerns were expressed: -(1) access easement to lots one and three and –(2) drainage being kept on site. This site is not in the flood plain and an application won’t be required. Bell asked about the fence versus a block wall to the north. Hansen stated that the property to the north will be coming before the Council as residential. The property to the east is mixed use. Stegenga stated that the buildings have to be twenty feet from the back property line or a block wall is required. The other option in lieu of the block wall is to move the building in ten more feet. Mitchell stated that it was needed for soundproofing. Moody stated that they would put up block wall on the north of the storage facility. The Mayor asked for public input. Leslie Tangles, 546 N. Knox, Star, Idaho asked about sidewalks. Stegenga stated that we have requested sidewalks from Idaho Transportation Department. 4 The Mayor asked if the Sewer & Water District is included in the standards. Hansen stated that they were. The Mayor asked about drainage. They are providing a infiltration system. The Mayor closed the public hearing. The sidewalk issue was discussed. Sidewalks won’t be allowed in the ITD right-of-way. The Mayor asked if streetlights were addressed. They are in the standard requirements. Stegenga moved to approve the three lot preliminary plan and conditional use permit for the storage units, with the following conditions: the staff recommendations be followed, the Sewer and Water recommendations be followed, placement of block wall on the north boundary (can be the back wall of facility), Bell seconded the motion. All aye: motion carried. Old Business: Star Sewer & Water District Landscape Plan – Stegenga moved to accept the landscape plan for the conditional use for the lift station, Mitchell seconded the motion. All aye: motion carried. Audit Report - It was moved by Stegenga and seconded by Mitchell to accept the audit report. All aye: motion carried. New Business: Commuters Bus – Gary Sprague, owner of Commuters Bus stated that he was at the meeting with Kelli Fairless of ValleyRide to answer any questions the Council might have. The Mayor stated that this was a tough decision. There are four riders in the City limits that ride the bus. He believes that public transportation is important and encourages the Council to vote yes. Bell asked about better marketing. Fairless stated that ValleyRide is looking at coordinating efforts. Stegenga stated that he is for public transportation, but has a problem funding a private company. Mitchell stated that he agreed with Stegenga and doesn’t believe there is enough support right now for this, with only four riders within the City limits. Bell is not against public transportation, but feels there is a dilemma with finding the money in the budget – he is torn. 5 Stegenga moved to approve the matching funds request for Commuters Bus for the six month period, Bell seconded the motion. Roll Call: Mitchell – nay, Stegenga, Bell – aye; motion carried. Final Plat – Ron Bath - The Mayor stated that this is a final plat for Ron Bath. The Mayor asked Hansen for her staff report. Hansen read the conditions of approval in her staff report. Stegenga asked if a flood plain permit had been acquired. Hansen stated that it had not. The Mayor asked the engineer for his report. Ross Erickson, Keller Associates stated that there were three issues that need to be addressed. - lack of owners signature on the final plat - the written approval of the name of the subdivision had been an issue, but was not now - the flood plain development permit Bath stated that the time the request was filed, Ordinance No. 65 (Flood Plain Ordinance) was not in effect and they were not subject to this Ordinance. Stegenga stated that this subdivision application came in after the Ordinance had been published by three days. Stegenga moved to approve the final plat as amended and stated with the following conditions: - prior to the City Clerk signing the mylar, the “Right to Farm Act” be placed on the mylar - prior to the City Clerk signing the mylar, all requirements of the Star Sewer & Water District be met - all the requirements and recommendations of the City Engineer be met - “in the Flood Plain” to appear on the final plat Mitchell seconded the motion. Mitchell asked if Bath had seen the letter from the Engineer. Bath stated that he received it today. This is the letter addressing the Flood Plain issue dated March 13. Adjournment: Stegenga moved to adjourn the meeting, Bell seconded the motion. All aye: motion carried. The meeting was adjourned at 9:35 pm. Respectfully submitted: Approved: ____________________ ________________________ Cathy Ward, City Clerk Gail Glasgow, Mayor 6 7