City Council Regular Meeting

Star City Council Meeting Minutes June 7, 2005 Mayor Nathan Mitchell called the regular meeting of the Star City Council meeting to order at 7:00 pm and all stood for the Pledge of Allegiance. Roll Call: Councilpersons Tammy McDaniel, Dustin Christopherson, Tom Erlebach and Chad Bell were all present. Approval of Agenda: Christopherson moved to approve the agenda, McDaniel seconded the motion. All aye: motion carried. Consent Agenda: Christopherson moved to approve the Consent Agenda, Bell seconded the motion. All aye: motion carried. The Consent Agenda consisted of: Regular Meeting Minutes of May 17, 2005, Claims Against the City for May 2005, Resolution No. 2005-07 Valley Regional Transportation Appointment and a Waiver Request. Public Input: Dave Aspitarte from ACHD Neighborhood Advisory Committee introduced himself and handed out brochures. No one spoke from the public. Public Hearings: Estrella Village Conditional Use Permit & Preliminary Plat - The Mayor opened the public hearing and asked Council for any ex parte contact or conflicts of interest. Hearing none the Mayor opened the public hearing. Applicant: Pat Tealey, Tealey Land Surveying, 2501Bogus Basin Road, Boise, Idaho showed Council a colored rendition of the four-plex units. The emergency fire access has been changed to an adjoining property, this was acceptable to the Star Fire Department. Parking spaces were moved to accommodate a more centrally located open space. The open space was enlarged by an extra ten feet. A fence is shown on the plans which will line up with the Steven Springs fence. The area around the pond will be fenced, this fence will not line up with the Steven Springs fence. Staff: Ward stated that one letter had been received from a Mr. & Mrs. Parfit. Copies were given to the Council. McDaniel asked about the lot sizes being larger. The lot sizes changed due to the change in fire access. Erlebach asked if the fire access is just for fire access and not public. The access is for fire only. 1 Public Testimony: Marj Dougherty, 9734 W. Compton Court, Star, Idaho has met with staff and they answered some of her questions. She now has questions for the developer. What conditions have been made for additional parking for teens? What are the esthetics of the pond area? She does not want apartment buildings behind her home. She would like everyone to think about high density with the overcrowding at the school now. Jan Parfit, 9646 W. Compton Court, Star, Idaho, she is a new resident and has moved here from an apartment building. She has a major retirement investment in her home. She believes her property values will go down with the apartments in the neighborhood. She stated that there are 54 lots, valued up to $290,000 in Steven Springs. Twenty homes are one story and only three are two story houses. She would like these four plexes not be rentals, not be two story and not this dense. She would like some other use. Parfit stated that is better not to have two-story housing. Mike Moyle, 980 N. Plummer, Star, Idaho stated that this does not fit with existing uses. They are building nice homes next to it and this will lower everyone’s home values. Star should be moving up. The pond can go anywhere, the irrigation district did not require the pond to go in where it’s at now. Open space and safety was discussed and you have not done any of that. There is no access back to Star, the sidewalks could be curved to match Steven Springs and the fire access should be open to everyone. This is a taking by lowering everyone’s land values. There are 52 single-family houses in Steven Springs and now you’re putting these eight four plexes on less than 1.99 acres. The developers are pushing it to the limit. We will end up with lower end units. The berms and sidewalks need to at least match. Developers put the pond out by road to get more open space inside. This is not necessarily something that Star needs. Applicant Rebuttal: Tealey stated that there is no plan for three to four cars per unit – City code requires two per apartment. The fencing will be consistent with other fencing on Plummer Road. No comments have been received from the school district regarding over crowding. Nothing has been presented tonight to show that these will be low income units. The community has to provide more than single-family dwellings. This model is a good progression. There has been no testimony from any appraisers that it will be low income - it is unsubstantiated. The pond is placed there for the entire Estrella Development – it cannot be moved. The pond was not built overnight – it happened way before the meeting. If curved sidewalks work, we will put in curved sidewalks. The fire access is a fire access – we do not want it to be a public access, there is no inconvenience at all – this is a solution for a fire problem. Regarding the project not being approved anywhere else, most are at a higher density – this is a good example of multi-family. John Moody, 8285 W. Equest Lane, Eagle, Idaho purchased the property two years ago with this zoning in mind. It has gone from retail office to multi-family. When buyers came into purchase the two acres for multi-family we did not sell. We wanted it to be a good project. The units will have stucco fronts – no vinyl siding and nice landscaping. Moody does not like curving sidewalks. They have created 32 businesses in Star and now the multi-family projects. This is good planning. 2 Christopherson asked if the parking was reduced. Moody stated that it was not reduced – the parking spaces comply with Star’s requirements. The Mayor closed the public hearing. Christopherson believes that the developer has met Council’s concerns. Parking requirements have been met. The school district is a concern, unfortunately we are always behind the ball. They will not build schools until we are at a 150% of capacity. We do not know if it is going to be low income or not. He believes that moving the pond is asking too much of the developer and it was part of another project. More open space has been presented. He likes the way the fire lane goes. Maybe at a later time a walking path could lead into that. Comments on room to play, this is a high-density development – you are not going to play football. This project is not too high of density - it is a good buffer zone. He likes the project and recommends approval. Bell stated the development is an R-16. He believes the improvements are better, but not significantly better, there is more open space. Bell is nervous about our ability to guide how this project will be in the next five to ten years. He has been into many of these places in Boise and Meridian – some deteriorate quite fast. We need to figure out how we are going to regulate that and figure out what we are going to do about controlling them. He was hoping for one less unit and more open space. He wants Council to have design and landscape review. He is not sure of the process. Property values are a concern on both sides – we need to have checks in place. He does understand planning – we do not need to rush into this process. Bell not ready to say yes or no until we know how to control this. Erlebach does not approve of this project. He believes that maybe we can make some of these single-story. Erlebach is not in favor of approving this application at this time. McDaniel stated that she has mixed feelings. In her subdivision there are people that do not take care of their property. She does not believe that this is a developer problem. Some apartment complexes do get run down - as do houses. Apartments in Eagle next to Hobble Creek did not lower property values. She does not want to deny this because certain people do not want to live next to apartments. If they are built right they can be kept up. The choices are up to homeowners, just as they are for single-family dwellings. Bell stated that this is a conditional use permit - it has more flexibility. A conditional use permit is give and take. He asked Chris Yorgason, legal counsel if the Council could stipulate maintenance standards. Yorgason stated that Council has flexibility with design review, landscape plan, and CC&R’s. These are legitimate concerns to mandate. You can require a maintenance plan in the CC&R’s to come back to the Council. Christopherson appreciates the whole point of bringing down property values, but even with CC&R’s, people can still do what they want and not necessarily follow the CC&R’s. It can happen. He does not believe Council needs to put restrictions on developers for 3 this. Not good for our city, the restrictions are in our ordinances. If you put further restrictions it will not be good for the community. Yorgason stated we can improve the City’s ordinances, but any improvements to our ordinances will not apply to this application. The Mayor understands the property value concern. A couple ways you prevent projects from becoming run down is you mix it in with businesses and residents who own their own property – it is called peer pressure. We need zoning transitions – property values will not go down. We have zoning ordinances in effect for regulating building heights. They apply to everyone. He believes we are off base to judge people regarding low income. People buying these units are in the higher end and more secure. We’re safer with this than some of the single-family homes going in. Why did we write the ordinance to conditionally permit this? Concerns of keeping property up can be taken up in our ordinances. Bell stated that he would not want this in his backyard, but we need to put some in. He is uncomfortable with location and we should have design review as a condition along with CC&R review as a condition. That way we have a say in that process and design. Erlebach where will water run – storm drainage in the corner. Justin Walker, City Engineer stated that it will sheet flow to the detention facility – an infiltration pond. Christopherson disagrees with Bell’s request for design review and CC&R’s review. The Mayor stated that there are four options for the Council – to approve this project as submitted, approve it with conditions, table it or deny it. The Mayor recessed for five minutes. The meeting was reconvened. Erlebach discussed the need to deny the application until we have a CC&R review requirements – may have eight different owners and they should comply like a subdivision. Need uniformity. Some will be richer than others and put stipulations on it. Erlebach moved to table this to a later meeting until CC&R’s are written up and reviewed. This is to be tabled until July 5, 2005, Bell seconded the motion. Discussion: Motion requiring us to present proposed CC&R’s to developer. McDaniel asked what advantage there would be for review of CC&R’s – what can we add to make it better. Erlebach asked if CC&R’s are they required by State law? No, not all subdivisions have CC&R’s. A maintenance plan can be added. Christopherson stated that the CC&R’s are meant to be agreement between developer and buyer. Motion is to table to July 5th in order to review CC&R’S. Bell, Erlebach – aye: Christopherson, McDaniel – nay; Mayor – nay. Motion failed. 4 McDaniel moved to approve the conditional use multi family units and preliminary plat with recommended conditions of approval 1-11 and an additional condition that the CC&R’s be reviewed by City Council prior to final plat, Christopherson seconded motion. Yorgason suggested other conditions previously discussed: 1- design review, 2- landscape plan and 3- screening to protect agricultural uses. McDaniel amended her motion to include these three conditions, Christopherson seconded the motion. Christopherson opposes the condition of design review, because we have no standards for design review. The decision is based on opinion – it needs to be a developer decision. Bell stated that he will only consider this application if design review is granted. Christopherson believes that design review is going to far and the CC&R’s are already being reviewed. Erlebach concerned with design review – we have to have design review – some type of control. The Mayor stated that we can have a professional architect review for design. McDaniel asked where we will go with it. The Mayor stated that this condition only applies to this application and we will get an informed opinion. Roll Call: McDaniel – aye, Christopherson – nay, Erlebach – aye, Bell – abstained. Motion carried, 2-1. Kuenzli Comp Plan Map Amendment and Rezone: The Mayor asked the Council if there was any ex parte contact or conflict of interest, hearing none, the Mayor opened the public hearing. Applicant: Marie Kuenzli ,451 S. Star Road, Star, Idaho stated that the property was missed when the commercial zoning occurred – it is currently zoned residential. Bell asked if Kuenzli owned the property to the west that was zoned commercial. Kuenzli stated that she did. Staff: No more correspondence was received. Public Testimony: No public spoke. Public Hearing was closed. Bell moved to approve the Comp Plan Map Amendment, Christopherson seconded the motion. All aye: motion carries. Bell moved to approve the rezone application, rezoning the property from residential to Commercial, McDaniel seconded the motion. All aye: motion carried. 5 Rockbridge Crossing Preliminary and Final Plat - The Mayor asked Council if there was any conflict of interest or ex parte contact, hearing none, the Mayor opened the public hearing. Applicant: Jason Densmir, Roylance & Associates, 391 W. State Street, Eagle, Idaho, stated that the proposed subdivision was originally platted with the Rockbridge Subdivision. This application consists of three lots on 3.86 acres. The property is located at the west entrance of Rockbridge Subdivision. Densmir stated that he has reviewed the Staff Report and the Engineers Report. They have met all the engineering requirements. Staff recommends approval and ACHD recommends approval. The Mayor reviewed the history of this application, it was a planned unit development and was residential, and then changed to commercial. Staff: City Engineer, Justin Walker had nothing further to add. Ward stated that there were three additional letters of comments received. Public – Craig Delagardelle, 1438 N. Ellington Place, Eagle, Idaho, stated that he owns the commercial property next to the application. He would like to see this as a planned unit. In general he believes the Council has done a good job in setting standards for commercial and residential. If it was put into apartments there would be no place for the kids to play and no access for parking. He believes Estrella needs to hook into Rockbridge and be planned as a whole unit. Council’s job is to make it look like one. He would like to see how driveways are accessed, they need to have a planned access. Cheryl Henley, 10318 W. Vega, Star, Idaho stated that she lives in the Rockbridge Subdivision and asked if they are putting in putting in apartments. Yorgason stated that this is zoned commercial, there will be no apartments. Densmir stated that this is only an application to divide the parcel into three lots. At this time there is no specific end user or anyone to a building yet. He cannot answer any questions regarding connectivity yet. The Mayor stated that one condition of the City will be that we retain design and landscaping review. The Mayor declared the public hearing closed. Christopherson moved to approve Rockbridge Crossing Preliminary Plat with recommendations 1-7, Erlebach seconded the motion. All aye: motion carried. Christopherson moved to approve the Final Plat, including recommendations, Erlebach seconded the motion. All aye: motion carried. 6 Ordinances & Resolutions: Ordinance No. 125 National Electrical Code: McDaniel moved that pursuant to Idaho code, Section 50-902 the rule requiring an ordinance to be read on three different days, with one reading to be in full, be dispensed with and that Ordinance No. 125 be considered after reading once by title only., Christopherson seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach, Bell – all aye: motion carries. Bell moved to approve Ordinance No. 125 an Ordinance of the City of Star, a municipality of the State of Idaho, adopting the 2005 NFPA 70 National Electrical Code; adopting annex G, administration and enforcement; providing for general wiring methods; providing for fees; providing for severability; repealing Ordinance No. 17 and any conflicting Ordinances and providing an effective date, Christopherson seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell – all aye: motion carries. New Business: Condition Modification Request – Estrella #2 – Yorgason reviewed this request – Estrella #2 Note 9 grant lot access specifically approved by ITD. A recent Supreme Court of Idaho case has held that the City has final approval authority over access, not ITD or ACHD. Therefore the City could be liable for any damages related to access, suffered by the developer, even though the City does not have authority over the streets. Yorgason stated that the condition should read, “Direct lot access to State Street shall be constructed as proposed pursuant to current roadway engineering standards.” Bell moved to approve the changes as noted, Christopherson seconded the motion. All aye: motion carried. Impact Fee Advisory Committee Members – the Mayor reviewed those named. Erlebach moved to approve names for Impact Fee Advisory Committee, Christopherson seconded the motion. All aye: motion carried. The committee shall consist of: Jim Keller, Sandy Johnson, Beth Zahn, Chad Bell and Nathan Mitchell. Disposition of Abandoned house on North Main Street – The Mayor has found someone to remove the house. The cost estimate is time and material staring at about $2,500 on up if asbestos is found, this should not exceed $4,000. Burning may not be a good idea – trailer is between two trees. Bell stated that the City may not re-coup any money due to liens on the property. Bell moved to approve the expenditure not to exceed $4,000 for removal of the abandon house on North Main, Christopherson seconded the motion. All aye: motion carried. 7 Reports: Christopherson stated that he attended an Economic Development meeting. The City needs to review long-range plan. We will have a web site soon. Erlebach stated that the Mule Days celebration went over great, there were twice as many people. Bell stated that he is putting together an official opening for Blake Haven Park for the ribbon cutting. Mayor Mitchell stated that the City newsletter will be out on June 21st. Keller Associates and Moore, Smith, Buxton and Turcke will be putting together a step- by-step process for new City Hall. The Mayor testified at an ITD hearing regarding roadway classification for Star. He believes Mule Days went well and thanked Dennis Stegenga for all the time and energy he has put into the celebration over the past seven years. The Mayor is working on a plan to use the church grounds year round. A meeting with Blue Print for Good Growth is scheduled for the Council on June 22 at 3:00 pm. We are starting the budget cycle. The Mayor asked Council to email him with any items they would like included. To date we have sold 268 building permits. Adjournment: Christopherson moved to adjourn the meeting, Erlebach seconded the motion: all aye. The meeting adjourned at 9:30 pm. Respectfully submitted: Approved: __________________________ ___________________________ Cathy Ward, City Clerk Nathan Mitchell, Mayor 8