City Council Regular Meeting

Star City Council Meeting Minutes August 1, 2006 The regular meeting of the Star City Council was held on August 1, 2006 with the Pre Council meeting beginning at 6:30 pm at the Star Fire Station. Pre Council Meeting- Review of the new City Hall furnishings. JJDS Architects and ZID Design (Gina Wagner) presented the interior design and furnishings of the new city hall. Colors are neutral in the City Hall. Floors are aggregate and concrete floor. Everything has been kept pretty neutral - there will be large historic pictures on the walls. The plans will be left - there is a legend for furnishings of the rooms. Regular Meeting - Mayor Nathan Mitchell called the regular meeting to order at 7:00 pm and all stood for the Pledge of Allegiance. Roll Call: Council persons Tammy McDaniel, Dustin Christopherson, Tom Erlebach and Chad Bell were all present. Approval of the Agenda: Bell moved to approve the agenda, Erleb_ach seconded the motion. All aye: motion carried Consent Agenda: The Consent Agenda consisted of: Approval of July 18, 2006 Regular ) Meeting Minutes; Claims against the City- July 2006; and Findings of Fact and Conclusions of Law for: Colina Vista Preliminary Plat and Duntisborne Preliminary Plat. McDaniel moved to approve the Consent Agenda, Christopherson seconded the motion. All aye: motion carried. Public Input: Mary Anne Saunders, 2230 Schriener, Star, Idaho asked that her letter be made a part of the record. (See attached) The Mayor stated that regarding historic preservation, our Comp Plan has not had ordinances codified behind them to support what they are asking. A master plan for parks and different zoning districts is what the new Comp Plan Review Committee is about. Regarding the building that was torn down, the Mayor asked the developer to wait, but there are no laws to back up his request. Carla Montrose, 1895 N. Spring Hollow, Star, Idaho asked how the City of Star reinforces that a development is done when things are stated to the City but not done. Montrose asked about the 5.2 acres in front of West Pointe that came before the Council, it is now weeds. The Mayor stated that the Developer wanted to keep it natural. Enforcement of this area is the same as other property. The property is now owned by the Homeowners Association. Montrose asked why the Council left this area like this. ) The Mayor stated that the previous Council made that decision. 1  Old Business: Planning & Zoning Commission Discussion and Design Review Committee Discussion - The Mayor asked how the Council wants to proceed? Bell stated that he can see both sides of having a P&Z Commission. He doesn't think it needs to be a large committee, maybe five people at the most and would like to see the Design Review Committee be the same as the P&Z Committee. He believes it is a good thing to continue to go down that road and find qualified people. Christopherson stated that he is at a disadvantage as he was not at the workshop. He does not feel the need for P&Z Commission, but we do need a Design Review Committee. He agrees if we have a P&Z Commission, we need to combine the committees. Erlebach stated that he thinks it needs to be a combined committee. McDaniel feels that a Design Review Committee is more important and should be combined ifwe have a P&Z Commission. The Mayor asked if Council wants an action item put in front of them regarding these two committees? As previously discussed this will extended timeframes of applications, which is not a bad thing. Bell stated that we need to turn this into an action item as there are a lot of items to be ironed out. He has seen good design review committees and bad ones. ) The Mayor will have legal counsel draft an ordinance for a Design Review and P&Z Committee. Public Hearings: Ordinance No. 153 Schram/Johnson Annex/Zone/Development Agreement- The Mayor outlined the public hearing procedures. The Mayor declared the public hearing open and asked for ex parte contact or conflicts of interest. Hearing none the Mayor asked the applicant to speak. Applicant- Kerry Winn, Stewart Land Group, 133 N. Old Park, Eagle, stated that they have met all the requirements and had a number of neighborhood meetings to consider the neighbors input. They have met the 20% requirement of open space and have 162 lots. Staff - Mammone stated that the development agreement has been signed. Public - Candy Odiorne, 12175 W. Band, Star, Idaho stated that she went to a neighborhood meeting and was pleased that they have taken houses out of the pond area. They stated that there will be no sprinklers and the area will be left natural. She thanked the Council. ) 2  Heidi Sken-att - chose not to speak. Rebuttal - Winn stated that they did take away three lots by the pond. The Mayor closed the public hearing and moved into deliberations. Christopherson stated that he looked over the development agreement and he does not have a problem with it. Christopherson 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. 153 be considered after reading once by title only, McDaniel seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell all aye: motion carried. McDaniel moved to approve Ordinance No. 153 an ordinance annexing to the City of Star certain real property located in the unincorporated area of Ada County, Idaho, and contiguous to the City of Star; establishing the zoning classification of the annexed property as Residential R-3 with a Development Agreement; directing that certified copies of this Ordinance be filed as provided by law; providing for related matters; and providing for an effective date, Bell seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell all aye: motion carried. Hope Ridge Estates Preliminary Plat - The Mayor opened the public hearing and asked the Council for any ex parte contact or conflicts of interest. Hearing none, the Mayor ) asked the applicant to speak. Applicant - Kerry Winn, Stewart Land Group, representing the applicant. Winn reviewed the picture of the layout. The subdivision is 66 acres and located at the corner of Munger and New Hope Roads. It is zoned R-3 with a development agreement and has 162 lots, with 20% open space. They have tried for a less urban feel, and have met the open space requirements of the City. This has been designed for three phases with smaller lots near New Hope Road. There will be a fence along the canal and they have increased the buffer to 70 feet and fencing along the east side. There is a seven and a half foot trail matching the Colina Vista Subdivision. There are internal trails. The entrance features will be similar to the picture shown. There will be a berm along the front. New Hope Road is being reclassified as a collector road and the subdivision will accommodate a larger berm. The pond will be left natural and the trees will be maintained. There will be two pavilions put up near the pond. The pavilions will have one or two picnic areas with bbqs. There will be very little landscaping in the natural area. They are trying to preserve the natural area. The subdivision is at 2.3 houses per acre. The styles of the homes were shown. Prices will range from $400-600,000. Winn has met with ACHD and they do want one more stub road above the current one (where the Johnson house is now), there will be a reversed cul-de-sac, it will be moved to along a one acre parcel and will meet with the New Hope Road. They have followed the Council's advice, they have worked with everyone and would like approval of this subdivision. ) 3  McDaniel asked if they plan on putting the 35' buffer along New Hope. Winn stated that they did. Staff - Mammone received letter from the City Engineer at Keller Associates. Mammone stated that the Council should think about future developments to create a mechanism for curbs, sidewalks and drainage. The Mayor stated that the improvements for curb, gutter and sidewalk are a condition from Ada County Highway District. It is run different that in Canyon County. Unless ACHD requires this, we cannot. Christopherson asked what kind of trail system it will be. Winn stated that he wants to see a compactable trail that people can walk and bike on. Bell asked if they anticipate putting the north/south trail into a horse trail. Winn stated that they did not. Christopherson asked if the trail will be maintained by the Homeowners Association. Winn stated that the internal trails will. Erlebach asked how many people line the property to the north and how will people have access to the BLM property. Winn stated that they only have a little area ofBLM land touching their property. The Mayor stated that there was 180 acres in the BLM property. This will be ) inaccessible to the public. The majority of the BLM land abuts the Colina Vista Subdivision. Public - Candy Odiorne, 12175 W. Band, Star, Idaho asked if there is going to be a fence on their side of the easement, she is concerned about weeds and junk. Heidi Skenatt, 12464 W. Lanktree Gulch, Star, Idaho stated that she understood this is not an annexation, but a preliminary plat and believes the area is supposed to be two acre parcels. Skerratt read sections from page 22 of the Comp Plan regarding the natural resources, the natural area of the foothills and waterways. Skenatt feels it should be two acre lots. Winn stated that they plan to make the fence a part of the CC&Rs, so that homeowners can only put in matching fence with or without a gate. There has been no discussion regarding the maintenance of the horse path. Bell asked if there will be fences between the yards and the ditch. Winn stated that they can make that mandatory per the CC&Rs, either mandatory or voluntary per the Council's request. The maintenance of the trail is tied to the development agreement with Colina Vista. 4  Erlebach asked if the trail will be installed per the agreement. The Mayor stated that it will all come back to the Council at a future date. Winn stated that the HOA will maintain the inner trails. The Mayor closed the public hearing and moved into deliberations. Bell believes the Developer has done an admirable job and taken care of the concerns of the Council and neighbors. The areas have been buffered nicely. The canal has an ample buffer. He likes the trail, open space and everything complies with what we asked. We need to move forward and approve this. Bell moved to approve the Hope Ride Estates Preliminary Plat with the 13 stated conditions of approval, McDaniel seconded the motion. All aye: motion carried. Tacoma Park Estates Preliminary Plat - The Mayor declared the public hearing open and asked the Council for any ex parte contact or conflicts of interest. Hearing none, he asked the applicant to speak. Wendy Kirkpatrick, Landmark Engineers, Nampa, Idaho is representing the applicant. She stated this is a preliminary plat application. They are zoned R-2 and are 13.2 acres in size, with 26 residential lots and one lot that is nearly an acre. This is a low density subdivision. The open space is approximately 1.20 acres which equals 7.06% in open ) space. Plummer Road has been deemed a collector road. By ACHD estimates this subdivision will create 260 trips a day. It is located east of Steven Springs. It will be a higher end subdivision and will be landscaped heavily. Christopherson asked if the southern road aligns. Kirkpatrick stated that it will align. The Mayor asked if everything had been worked out with the neighbors. Kirkpatrick stated that it is being worked out, but is not a part of this application. McDaniel asked about fencing. Kirkpatrick stated that there will be a standard fence, six foot or four foot with lattice. There are no definite plans now. Christopherson asked if they held a neighborhood meeting. Kirkpatrick stated that they did and they liked the larger lots. They also met with Mike Moyle, the land owner next to the property and Wayne Forrey of Kastera Homes. Bell would like to see something stated as to what type of fence will be put in. He wants some kind of commitment as to type and height. Kirkpatrick stated that it could be vinyl or wrought iron. Garrett Stevenson, the developer of the project, 2075 W. Spilada Court, Meridian stated that he likes fencing. The type does not matter to him. He does likes vinyl. Kirkpatrick ) 5  stated they could do a six foot fence and leave options. Kirkpatrick stated that there is ) really not a theme to the subdivision yet to know what type of fencing will be installed. Staff- Mammone stated that a letter from the City Engineer, Keller Associates has been received. Public - Katy Slater, 2091 Sunny Lane, Star, stated that she wants clarification on what ditch this is and the lot line adjustment. Heidi Skerratt, 12364 Lanktree Gulch, Star asked ifthere is a trail system going through the property. If not, why - she would like to see a trail system in the new subdivisions. Bruce Weaver, 2620 Munger, Star, Idaho stated that he is happy to see larger lot sizes, he likes to see R-2. Rebuttal - Kirkpatrick stated that they do not want a trail project and the subdivision is not big enough and it doesn't make sense to have one. Bell asked about the large lot. Kirkpatrick stated that there would be a lot line adjustment to the Moyle property to encompass the property on the corner. She does not know if that is what will happen or not. The Mayor explained that lot five goes across the canal and the property owner will own ) it and will have to maintain it. Kirkpatrick stated that there is a 15 and 25 foot easement along the canal. If this is not sold, the property owner would need to get a vehicular crossing across the canal to be able to build a home on the prope1iy. Erlebach asked if lot 13 is a residential lot. Kirkpatrick stated that it is and it meets all the requirements. It has 51 feet of frontage. The Mayor closed the public hearing and moved into deliberations. Christopherson stated that this is a small project and pretty straight forward. It goes beyond our requirements on open space and we should approve it tonight. McDaniel believes it is a good project, it is a small R-2 project and she doesn't see the need for a trail. She is concerned about the fence. Erlebach believes this is a step in the right direction and likes the layout of the subdivision. Erlebach moved to approve the Preliminary Plat for Tacoma Park Estates with 13 conditions of approval and to include a 14 th condition of a fence around the parameter of the prope1iy, options on the fence will be a six foot vinyl fence, a vinyl with lattice on top or a wrought iron would be okay, Christopherson seconded the motion. All aye: motion carried. \ 6  Republic Storage Annexation and Zoning - The Mayor stated that there is no Comp Plan Map Amendment. The Mayor declared the public hearing open and asked for any ex parte contact or conflicts of interest. Hearing none the Mayor asked the applicant to speak. Dick Phillips, 210 Murray Street, Meridian, representative of Republic Storage. The property is contiguous and meets the zoning from the Comp Plan. They will only access State Street and won't be a major impact on the City. They are located by the Idaho Power Sub Station and the mink raising facility. The prope1iy facing State Street will be lined wrought iron with masonry block with landscaping. There will be a 15 foot landscape buffer and chain link fence at the rear with slates. The storage facility causes little impact on services, they are good quiet neighbors. They will have a frontage road along the front of the property. Christopherson is confused about not needing the Comp Plan Amendment. The Mayor stated that a majority of the property is commercial and there is case law that supports not having to do a Comp Plan change. There is room for interpretation. 70% is zoned commercial. Christopherson asked if there will be no access to State Street, how will they access it now. Phillips stated that they have access through the sub station. Bell asked about the solid block walls and our requirement of an eight foot wall going against a residential district. The Mayor stated that there are alternatives. Phillips stated that no building will be on the property lines, they will be metal buildings. The Mayor ) stated that Mammone will review the building permit to make sure it meets the criteria. Erlebach asked if there would be an onsite person. Philips stated that there will be a house on the facility. There will be stucco board siding or stone on the front of the house. Christopherson asked about the tiny piece across the front which is about 70 feet by 90 feet. Phillips stated that it is a piece making the storage contiguous to Star, it is Mr. Moyle's prope1iy and they will share a road. Staff - Mammone stated that there is an addendum letter from the public. Public - Joe Russell, 10659 Gloxinia, Star, Idaho asked ifthere will be boats, vehicles, etc., stored there. He does not want any of that visible to the public. He wants it to look mce. Andrew Sarkany - was not in attendance. Nicole Sarkany - was not in attendance. Heidi Skerratt chose not to speak. 7  Mary Anne Saunders, 2230 Schriener, Star, Idaho is not clear to what will happen to the residential area. The chain link causes her concern and what will be behind the chain link, will they see boats? Tia Frisk, 10114 Arrowleaf Comi, Star, Idaho is concerned about another storage place and she doesn't know where this is. They have a nice building that is brown near her subdivision. She would like this to be nice. Will it be set off the road. We have one storage facility off of State Street and one off of Star Road. She doesn't know why. Katy Slater, 2091 Sunny Lane, Star, Idaho stated that these people are good people for the design review committee - a joke. Some developers have visuals regarding their development - and others have no drawings, but there is no information on this project. She wants the Council to require more information of the applicant. Applicant - Phillips showed the public the plans for the storage units and discussed where the building would be placed. This will be a highly landscaped area with parking and a residential building. There will be retail offices built. They are proposing a fence on the outside of the landscaping. Mr. Moyle is involved with this property and the smrnunding prope1iies. They have projects all over the valley - and will not be sold off. Bell asked if the front will be brick, stone or block. He wants to eliminate the block on the buildings facing State Street. Phillips stated that he is thinking river rock or brick- he has no problem with that. ) McDaniel asked if there will be open space for vehicles that can be seen. Phillips stated that the house will block the view of any vehicles. There will be a camera security system. Phillips stated that there will be taped security with a security gate and it goes on a computer tape and same thing to go out and the time frame when they are in the facility, along with single door alarms. The Mayor closed the public hearing and moved into deliberations. Bell stated that he would like to add the nice frontage of the buildings facing State Street. McDaniel works close to a facility like this one and it is well run. If they are going to screen the back part of the property this will add great revenue to the City and we should approve it. The Mayor stated that all the storage units in Star are already rented - there are no open units. Erlebach does not want the chain link fence that can be seen from State Street. Christopherson stated that he doesn't have a problem with the annexation. We are talking about a lot of site specific stuff. The storage area is a C2 zone. The conversation is site specific stuff and doesn't know if we can make this specific. The Mayor stated 8  that there will be a conditional use permit that will come back before the Council. The only decision is annexation and zoning of C2. Christopherson wants to move forward with this. Christopherson moved to approve the annexation and zoning to C2 of the Republic Storage, McDaniel seconded the motion. All aye: motion carried. Ordinances & Resolutions: Ordinance No. 162 City Code Codification - 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. 162 be considered after reading once by title only, Christopherson seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell - all aye: motion canied. Christopherson moved to approve Ordinance No. 162, an Ordinance for compiling, codifying, and revising, the general Ordinances of the City of Star; providing for the adoption of the Star City Code as prepared by Sterling Codifiers, Inc.; providing for a method of perpetual codification; providing for the effectiveness of existing City Ordinances; providing that ce1iain types of Ordinances shall not be included in the City Code; declaring it unlawful to change or amend by addition or deletions any pati or portion of the code to cause the law of the City of be misrepresented thereby, and providing for an effective date, Bell seconded the motion. Roll Call: McDaniel, ) Christopherson, Erlebach and Bell - all aye: motion carried. Resolution 2006-06 Sterling Codifiers Agreement - Christopherson moved to approve Resolution 2006-06, Erlebach seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell - all aye: motion carried. Reports: Staff - Mammone stated that he will be discussing a potential Memorandum of Understanding with the City of Eagle regarding the Area of Impact. Paul Fitzer stated that we need to clarify the question on open space. We need to put this on the agenda for discussion it needs to apply for all or if it is for a specific size, it needs to be stated. The Mayor stated that Mammone will produce clarifying language. This will bwe scheduled for the August 15, agenda. Council - Bell stated that he attended a Valley Regional Transit meeting and the real thrust is mass transit. Plans are put together but there is no funding. They need an avenue for funding. Bus routes will be discussed. Erlebach stated that the play area is ready to play in. Christopherson had nothing to rep01i. McDaniel will be absent at the September meeting. 9 Mayor- Our building permits are at 382, we've budgeted 400. We are fairly close to what was projected. An email will be sent regarding another jurisdiction - an amicus brief to the Council asking for a thumbs up or down. They are asking for our opinion. Next agenda - amicus brief. There will be a meeting tomorrow night and it is not a business meeting. It is for the overlap area for the Area of Impact at 6 pm at the Star Fire Department. Adjournment: McDaniel moved to adjourn, Erlebach seconded the motion. All aye: motion canied. The meeting was adjourned at 9: l 5pm. Approved: �J;OJJ Nathan Mitchell, Mayor 10