City Council Regular Meeting

Star City Council Meeting Minutes September 5, 2006 The regular meeting of the Star City Council was held at 7:00 pm on September 5, 2006 at the Star Fire Station in Star, Idaho. Mayor Nathan Mitchell called the meeting to order and all stood for the Pledge of Allegiance. Roll Call: Councilmen Dustin Christopherson, Tom Erlebach and Chad Bell were all present. Councilwoman Tammy McDaniel was absent. Approve Agenda: Bell moved to approve the agenda, Christopherson seconded the motion. All aye: motion carried. The Mayor stated that applications for the Cranston and Campbell properties will be postponed for two weeks and will not be heard tonight. Consent Agenda: Christopherson moved to approve the Consent Agenda, Erlebach seconded the motion. Roll Call: all aye: motion carries. The Consent Agenda consisted of: Minutes of August 8th, 11thand 15thand July 24t\ Claims Against the City for July 2006; Findings of Fact & Conclusions of Law for Hope Ridge Estates Preliminary Plat, Tacoma Park Estates Preliminary Plat and Republic Storage Annexation & Zoning; Valley Regional Transit Annual Agreement; Resolution 2006-07 Coalition for Public Transportation Funding Recommendation and an appointment to the Economic Development Committee. Public Input: Mary Anne Saunders, 2230 Schriener Lane, Star, Idaho, stated that she had questions and observations. In reviewing the files for the land use decision on Pristine Meadows she found that the fees had been waived. She asked on what was that authority they were waived. The Mayor stated that he waived the fees as he believes they are benefiting the public by donating a school site. Saunders stated that the fee list on a plat amendment is the same as a preliminary plat. She observed that it is a difficult path to set. As she reviewed the files and totaled up the items it is imp01tant to see the total impact. There are 678 additional residential lots, with 497 additional students and 6,745 road trips. Vicki Miller, 11086 W. Frost Street, Star, Idaho stated that in a newspaper aiticle on August 16thBoise Mayor, Dave Beiter talk about the city budget with over 30,000 people. Star's budget increased 3% for personnel with an additional increase in staff positions, and we are spending $7,000 to Regional Transp01tation. She stated that no one showed up for the meeting. Not one person had voice in that meeting. Councilman Bell stated that the budget was published in the paper and was posted around town and no one showed up. 1  ., ' Mayor Mitchell stated that he was very disappointed that no one showed up and that we have been noticing our budgets the same way every year and this is the first time someone has complained. Heidi Skerratt, 12464 W. Lanktree Gulch, Star, Idaho stated that she would like to address the building that was torn down in town. She has found some information on ways to preserve historical buildings and asked if it could be put into an ordinance. The Mayor stated that he will review it. Skerratt asked about the buffer zone information that was presented previously and when it will be presented. The Mayor stated that it will be on the next agenda. Mary Anne Saunders, 2230 Schriener Lane, Star, Idaho stated that there needs to be open communications. Saunders stated that she spoke with Ms. Ward and asked her when the budget hearing would be and was not given an answer. The Mayor stated that he was not present during the conversation and would not speculate. The Mayor sta1ted that he would find it hard to believe the Clerk did not know the date of the budget hearing. Public Hearings: Martin Prope1ty Comprehensive Plan Map Amendment & Rezone - The Mayor declared the public hearing open and asked Council if they had any ex pa1te contact or conflicts of interest with this application. Hearing none the Mayor asked the applicant to speak. ) Larry Asin, 9282 Beaside, Boise, Idaho stated that he is representing Darla Ma1tin. He stated that the traffic is too busy on this road for Mattin. According to the Comprehensive Plan, most of the land on State Street is zoned light industrial or commercial. She would like to rezone this property from residential to commercial (Cl). Bell asked if Martin is selling the property. Asin stated that she will down the road. Staff - There is an addendum letter from Central District Health. Public - Darrel Gazzola, 1710 Willowglen, Star, Idaho stated that the Comp Plan Committee is planning to extend the Central Business District and maybe this could be done now instead of later. That would mean this prope1ty would be zoned CBD instead of Cl. Asin stated that this is the only prope1ty between Moxie Java and Center Street. The Mayor asked if Asin had looked at the CBD district zoning. Asin stated that he did not. The Mayor declared the public hearing closed and moved into deliberation. Bell stated that he does not have a problem with the commercial zoning designation, it is the only property left on that block. Regarding the concern with the CBD zoning he ) 2  believes we can expand the district when we get all of the changes. Bell sees no reason ) to hold off or do anything differently and we should approve the C-1 zoning. Christopherson agrees with Councilman Bell and agrees with Mr. Gazzolla regarding the CBD. Bell moved to approve the application CPA-RZ-06-08 Martin Property Comprehensive Plan Amendment and rezone to Commercial (C-1), Christopherson seconded the motion. Legal Counsel, Paul Fitzer stated that on this application and the third one they both have map changes and those can only be done once every six months. The Mayor stated that we could take care of that by approving the findings of fact on October 3rd. All aye: motion carries. Kastera Development - Amended Preliminary Plat for Pristine Meadows - The Mayor opened the public hearing and asked Council if they had any conflicts of interest or ex parte contact on this application. Councilman Bell stated that he did not have any conflicts of interest however he disclosed that he had talked with developers regarding the donation of a school site. There was no discussion regarding this application. Mayor Mitchell stated that all of the Council had discussed the school site as Kastera had made a presentation to the Council regarding that issue. The Mayor asked the applicant to speak. Wayne Forrey, Kastera Homes, 1952 Wildcreek Way, Boise, Idaho stated that this ) property originally had 314 home sites and the Flake Lateral was allowed to remain open. Then Kastera purchased the property. They changed name to Pavilion. They listened to the public and heard that a new school site was needed. The school site was acceptable to the school district. The ditch was tiled and it turned out to be a better designed project with a school site. The school district has an architect working on a design for the school now. Foney read into the record the cover letter. The City's ordinance encourages developers to work with the community. He believes they have accomplished this goal. This is an amended preliminary plat request. Phases 1 & 2 are already under construction and they are asking for approval. Christopherson asked when the school site will get donated. Forrey stated that it will be mid November of this year. There is no build out required. Christopherson asked what the school district's thoughts are on the school site being so close to other the other school. Forrey stated that Wendell Bingham believes it is a positive and it has never come back from the school board as a problem. Christopherson stated that it is a wonderful donation to the school district. Erlebach asked how much property was there to be donated previously. Forrey stated that it was six acres and is now ten. Erlebach asked if the water areas are swales or deep water. Forrey stated that they will be deep water lakes. ) 3  Staff - addendums added - Keller Associates and Central District Health. Staff suggested that another condition be added stating that if the school district does not use the site for a school that the property revert back to the City of Star.. Jason Rowley, 9075 Compton Court, Star, Idaho asked that his statement be made a part of the record. (See attached letter.) Oliver Cleaver, 767 N. Star Road, Star, Idaho stated that he was the original developer and made application in 2000. The project had lots of water and waterways, but at that time the Council wanted usable open space. Cleaver forfeited his fees and ended up paying them twice. Cleaver has retained 27 acres to the north of this development. It is less dense with about 40 home sites - less than two homes per acre. Regarding the school site, there are some people critical of the school site and they should be considering it a gift and accept that gift. Cleaver asked that the impact fees be waived on the northern portion of the project. He likes the layout. He is in favor of this application. Heidi Skerratt - didn't want to speak. Forrey addressed Rowley's comments. He stated that the City several years ago did approve 314 units and they have not increased the original density. Everything has been predicated on the density issue. Mr. Wendell Bingham (Meridian School District) was desperate for a school site and school didn't have the money to purchase it. This was a way for a win-win for the community. The City Park Impact Fee Ordinance has a section ) in it that developers can pay fees or donate land. He thanked Oliver Cleaver and stated that they want to be a good neighbor. Christopherson stated that he wasn't on the Council when the 314 lots were approved. The preliminary plat is stipulated and is an R3/R4 development. Erlebach stated that he has some concerns. Is this really a donation or is the City buying the property? Forrey stated that the agreement will state that if this property does not become a school site within a certain time, it will revert to the City of Star. The Mayor stated that they are receiving a reduction in fees for the benefit. The impact fees would be $600,000, they are essentially getting a school site for half the price of the property. The Mayor stated that regarding Mr. Rowley and his reading of the Comp Plan - the entire paragraph that was not read, it states that school sites are the sole responsibility of the Meridian School District. The statement also says the City "may" instead of "shall" find school sites. The meaning is very clear if it is read in context. Regarding the comment of "the City frantically playing catch up" it has been a five year process and the Mayor does not consider that frantic - we've looked at ten school sites. We've been in a growth process for seven or eight years. It is not the fault of the City that the school district focused on one site for 22 months and then didn't get it. Regarding the traffic ) 4  issues, N. Cruz was put in place to addresses the traffic. Why did the Mayor waive the fees - because it's the right thing to do. Bell pointed out that there is a nice tum around to the side of the school site and about eight tenths of an acre for a nice pavilion to be built in front of the school. Bell stated that they did an excellent job of designing and thanked Kastera again. Mayor stated that every document is public record and can be accessed- nothing we're doing is secret. Christopherson believes that as far as Erlebach's comment - it is truly a gift and it will benefit the school district. Gone above and beyond - it is as a donation. The Mayor closed the public hearing and moved to deliberations. Councilman Bell moved to approve file APP-06-02, the amended Preliminary Plat for Pristine Meadows, Christopherson seconded the motion. Bell added to the motion the 13 conditions of approval, with 14th condition being the property reverts back to the City if not used as a school site, Christopherson seconded the addition. Roll Call: All aye: motion carries. Christopherson moved to table 5-C Landmark Application to September 19, 2006, Bell seconded the motion. All aye: motion carried. ) Councilman Bell moved to table 5-D the Campbell application until September 19th at the Star Fire Station, Erlebach seconded the motion. All aye: motion carried. Wiegand Neglia Comprehensive Plan Map Amendment/Annexation/Zoning-The Mayor opened the public hearing and asked Council if they had any conflicts of interest or ex parate contact. Hearing none, the Mayor asked the applicant to speak. Ashley Ford, WRG Design, 453 S. Fitness Way, Eagle, Idaho stated that she was here representing Wiegand Neglia and the project sets on the western boundary of the Pinewood Lakes Subdivision. They are requesting annexation and zoning of R3 with a Preliminary Plat and Flood Plain application. They have 74 buildable lots at 1.46 units per acre. Due to some of the lots being under 14,000 sq. feet they were unable to zone it under that. It will be upscale Italian design. Each lot is touched by some type of water feature. There is a connection to Pinewood. It will have a large lake with beaches and a pier and docks and a plaza to fish or whatever. The community pool is for the homeowners - roadways are to ACHD standards and they will take Bridger Bay into this development. The Lawrence Kennedy runs through the property - they will maintain it on one side with water amenities and waterways. Very proud of project and believe it will provide a different market and she asked for approval. 5  .. The Mayor asked if they would need the R-3 zoning as we got rid oflot size minimums. ) The Mayor reviewed the set backs for R2. The Mayor wants the applicant to be okay with setbacks. Erlebach asked if there will be a security gate. Ford stated that it is not a gated community. Erlebach asked if the pond will be open to the public. Ford stated that it will. Staff stated there were addendum letters from ITD and Central District Health. Public- Mary Anne Saunders, 2230 Schriener Lane, Star, Idaho stated that the Council should not proceed with this designation and not change the density. She is adamant about this. Sandy Johnson, Pinewood Lake Developer, 11650 New Hope, Star, Idaho stated that she is the project manager for Pinewood Lakes and believes this is a good use of the land. Johnson reminded Council that the entrance to her subdivision was moved to line up with Munger and she would like that process continued. Mike Sager, 278 Selwood, Star, Idaho stated that he is concerned about the amount of cars on Bridger Bay. He is concerned about only one access and the impact of cars on the patio homes and young families with children. Dan Givens, 1150 E. Bannock, Boise, Idaho stated that he is not a resident of Star, but has hunted pheasants here. He's here to speak to the applicants level of professional and excellence. This was difficult to design and is a large step up. Given the flood way issue he is astounded by what they developed. He would like to congratulate the applicant - it is a great piece. He is in favor of. Heidi Skerratt, 12464 W. Lanktree Gulch, Star, Idaho has a question for the attorney and Ashley Ford of WRG. The facilitator of the Comp Plan also works for WRG and now they are developing this property. It that normal or wise to have a facilitator who works for this company working on the Comp Plan in your city. The Mayor stated that it is legal and the Council felt that Mapp was the one who they wanted to lead the project. Ford stated that Mapp is not actively involved in any development. It is separate - WRG felt it wasn't a conflict as did the Council. Skerratt stated that this development is very low density and the remaining low density seems to be getting divided down smaller. She is opposed to this. Bruce Mills, ACHD, 3775 Adams Street, Boise, Idaho, stated that he wanted to clarify that this has not come before the ACHD yet and please consider tabling it. His understanding is that on the western boundary, everything lines up at Can-Ada Road. The Mayor stated that ACHD has sent a repo1i and this is a site specific item which shows it has been addressed. Mills will find out and repo1i back. 6 Katy Slater, 2091 Sunny Lane, Star, Idaho stated that she doesn't know much about this development, but is concerned about the removal of any large trees by the river and is curious about the lake and has the mosquito problem been addressed. Ford stated that regarding the comment on Mapp, WRG is a multi disciplinary company. Ford is the planning director. Mapp does not see anything in development. Ford stated that they would like to keep the R3 zoning due to property lines backing up to water. They have talked with ITD and the light concern. The ACHD condition was a surprise to them. ITD discussed the potential new high school site, and stated that a light at Can-Ada would not meet the ITD requirements. ITD has recanted and said yes, the light will be at Can-Ada. Regarding Slater's concern trees won't be removed and the water will be aerated. Bell stated that he is not opposed to a development agreement, but by approval we are limiting this to the number of sites·shown. Ford stated that she is okay with conditionally approving the 74 lots. If it came back different it would have to come back for an amendment. The Mayor declared the public hearing closed. Christopherson stated that as far as the zone change, to medium density from low density - he has a problem with that. This development does go under 2 units per acre. A more appropriate zone would be low density and he understands the setbacks - it is tough. He asked if you can have a Comp Plan Map approving low density and then zone it R3. The Mayor stated that it is a zoning change and can't be done. He would like to see a development agreement included. The Mayor explained that the Council is the only one that can change the preliminary plat, if you approve that, you have an agreement. The Mayor stated that by requiring a development agreement you're adding a step. Bell stated that was correct - no matter what the paperwork says it is that many lots. It is no more dense than R2. Is it what we want, it will have the same amount of lots. Setback difference the will add 20 feet of setback. The average lot is 13,000, the maximum lots are in the mid 20,000 square feet. Erlebach asked if there is a buffer zone between the residential and commercial. Ford stated that there is a drain ditch across the north border and two residential lots. The Mayor stated that the commercial should buffer itself - there are buffer requirements in place for that. Bell stated that this is a very well designed community subdivision and likes the amenities. He does not have a problem going ahead. Bell moved to approve file CPA- AX-RZ06-05 & PP-06-10, the Wiegand Neglia Comprehensive Plan Map Amendment/ Annexation/Zoning of the Fiore Springs and Preliminary Plat with a zoning density ofR-3 with the 13 conditions of approval and 14 th being lots not to exceed 74 7 .,, residential lots on the preliminary plat. Christopherson seconded the motion. All aye; motion carried. Reports: Staff - had nothing to repmi. Council - Christopherson had nothing to report. Erlebach stated talked about the park. Bell suggested that we talk to Kastera about the construction on the pavilion. Mayor-There will be an ACHD joint meeting on the 14 th of September. Some of the items to discuss is coordination between ITD/ACHD/City, Floating Feather projects, review of projects - alignments, south Main Street regarding Parkstone and the Purple Light connection. The Mayor will be at TVP meeting on Thursday and Friday in Cascade. TVP have essentially hired an additional US Attorney to get prisoners out of the state and be put away 30-40% longer. The State chipped in and some other funding sources in dues and grants. The amicus brief was filed week before last. Adjournment: Christopherson moved to adjourn the meeting, Bell seconded the motion. All aye: motion carried. The meeting was adjourned at 9:00 pm. �pectfully iu),rnittJ Approved: 8