City Council Regular Meeting

CITY OF STAR CITY COUNCIL MINUTES March 20, 2007 Pre-Council – Mayor Mitchell called the Pre-Council meeting to order at 6:37 pm and introduced Keith Randall and Clayn Sonderegger from Benchmark Construction. The Mayor explained the costs from Benchmark Construction for the new city hall. The first floor will be completely built out and they are proposing to complete only the second floor restrooms and HVAC system; proposed cost $1,395,992.00. The Mayor explained he has taken the proposal to several contractors to review and the cost was within building standards. Sonderegger explained they went back to the original footprint and have done a basic standard type of construction. If the Council would like to create a cushion they could cut additional cost by not putting in the elevator or heating upstairs, but it may cost more to install later. Christopherson asked how much the building had changed from the first proposal. Randall stated they will be doing a shingle roof, have eliminated the outside stairs, it will be stucco and brick, took out some of the outriggers, it still has four outside awnings but with less steel, have changed to vinyl windows, inside will have a dropped ceiling instead of being open, and they have changed the heating and cooling system. Sonderegger pointed out they have paved over the tot lot and noted the cost of asphalt has gone up. The Mayor pointed out there is around 2,000 square feet of unfinished space upstairs. Christopherson asked if they had eliminated the advanced fire protection system; he was informed it had been changed out. Erlebach asked if there would be a door at the top to close the upstairs off and was informed there would be. Randall pointed out the Council could choose whether or not to install the elevator, but it will already be three-quarters complete with construction. The Mayor asked when they would be moving dirt if the Council approves the contract tonight. Randall stated they could start excavating the second week in April. They estimate completion six months from start. The Mayor pointed out the site work included street lights, landscaping, tree removal, asphalt and concrete. Randall stated all the mechanical will be done upstairs except for the duct work, which will be done with improvements. Christopherson asked about the HVAC system and was assured it would be sized for both floors, with different units designated for each floor. Mayor Mitchell stated it is estimated to cost an additional $40,000.00 for the noted excluded items; and they are still in discussion with ACHD regarding whether the City will need to pay impact fees which could amount to over $47,000.00. The City’s current phone system will transfer over and they have someone estimating the cost of a visual and sound system. The City is working on a shared access agreement with the neighboring property to the west as well as shared parking and irrigation. Pre-Council meeting adjourned at 6:57 pm. 1 Regular Meeting: The regular meeting of the Star City Council was held on March 20, 2007 at the Star Fire Station in Star, Idaho. Mayor Nathan Mitchell called the meeting to order at 7:04 pm and all stood for the Pledge of Allegiance. Roll Call: Councilmen Tom Erlebach, Dustin Christopherson, and Councilwoman Tammy McDaniel were all present. Councilman Chad Bell was absent. Approval of Agenda: Erlebach moved to approve the Agenda, Christopherson seconded the motion. All ayes: motion carried. Consent Agenda: Bell moved to approve the Consent Agenda, Erlebach seconded the motion. The Consent Agenda consisted of March 6, 2007 Regular Meeting Minutes. All ayes: motion carried. Public Input: Law Enforcement Report: Deputy Ramage was called away on an emergency. Mayor Mitchell informed everyone that the statistical report would be available at City Hall for review. Valley Regional Transit – Kelli Fairless: Fairless reviewed the progress being made on getting the Highway 44 route up and running with a target date of May 1, 2007. They are looking at park and ride lots in Middleton, Star, and Eagle and are working out the details on leasing some used equipment which have the capacity for 43 seats. They are looking to fill the 8 to 5 working time frame and have been doing some marketing. They are looking at charging $2.00 a trip (a trip is one way) with price increasing to $3.00 in September due to fuel costs. They will offer a monthly unlimited trip pass for $50.00. She thanked the Council for allowing her to meet with them. Public Input: No public input was given. The Mayor informed the audience that Idaho Power was holding a neighborhood meeting this evening at the elementary school regarding putting in an operations center off Highway 44 between Bent Lane and CanAda Road. Public Hearing: The Mayor reviewed the procedures for public hearings. Orion Park – Setback Waivers: Mayor Mitchell declared the public hearing for Orion Park open and asked the applicant to speak. Applicant – Bonnie Harper, representative for Corinthian Homes, stated they are requesting a waiver of the five foot additional setback for a second story to provide for flexibility and livability to back alley loading. It will allow for larger homes on the lot which in turn can provide a statelier looking home viewed from the street. The request is for all homes on interior lots – not for the street side. 2 McDaniel asked when Corinthian Homes had purchased this property and were they aware of the setbacks at the time of purchase. Harper stated they were aware of the setbacks when they purchased the property in December of 2005, and had purchased it with the intention of obtaining this waiver. Staff had no additional comments. The Mayor asked for public testimony. Eric Battey stated he did not wish to speak at this time. Brenda Weaver stated she did not wish to speak. Chris Stokes, 10166 Arrowleaf Court, Star, stated she felt the original setbacks should stand; five feet on each side isn’t more than a hop between them. Applicant Rebuttal – Bonnie Harper reiterated they are targeting the second and third move up in housing and are trying to provide flexibility. The Mayor declared the public hearing closed and moved to deliberations. Christopherson stated he thought the ten foot setback for two stories needs to stand. He found nothing in the given testimony as to why it should be waived. McDaniel stated she agreed and didn’t feel there were any unique conditions to support a waiver. Erlebach stated he would be agreeable if the property were more in town, but as it is farther out he is in agreement with the others. Erlebach moved to deny File #WV 07-04, Orion Park waiver request, Christopherson seconded the motion. All ayes: motion carried. Pinewood Lakes – Preliminary/Final Short Plat: Mayor Mitchell declared the public hearing for Pinewood Lakes open and asked the applicant to speak. Applicant – Sandra Johnson, 11650 New Hope Road, Star, representative for Four Star Holding LLC, explained this parcel was originally approved as a planned unit development with four lots. The main entrance into the subdivision had been moved east which created a large parcel to the west. Due to the market they are bringing this back before the Council as purchasers are looking at smaller lots. Lot sizes will range from 1,200 to over 6,000 square feet. She noted that Four Star Holdings LLC and Pinewood Lakes, LLC are the same entity. They are planning to have screened service areas, down lighting and the entrances to the commercial property already exist. In reference to the map, the Mayor asked if the green lot on Highway 44 was the Sewer District’s lift station. Johnson stated it was. She pointed out this is a fully landscaped site from when they first started building and they plan to add to the landscaping. They did hold a neighborhood meeting at which four citizens attended and they have received two calls. 3 Only one person indicated they were against this application. The residents are in support of it and are asking for services, which are now viable. Matt Munger, Munger Engineering, 4090 W. State Street, Boise, is the engineer on this project and wished to address two concerns in regards to the Finding of Facts and Conclusion of Law for the PUD. He is concerned with meeting condition number four in the City Engineer’s conditions requiring ten foot easements along the lot lines, as interior lot lines are usually zero in commercial. He would like to request there be no utility easements along the lot lines. His second concern is with the review of roadways and utilities as some are already in and they would like to have leeway to design them as the tenants come in. McDaniel asked if they would be putting in a pathway along the highway. Munger stated not at this time but they do have paths within the subdivision. Erlebach questioned if they were planning on having different CC&R’s for the commercial areal. Munger stated they would because they’ll be addressing different issues, but will work together on the landscaping and irrigation. Erlebach asked whether the tenants or Four Star Holdings will own the buildings. Munger stated it would depend on the tenant’s wishes. The Mayor pointed out that the ten lots will give them flexibility as to whether they will keep or sell the lots. Staff, Mary Shaw Taylor, asked for the date of Keller Associates letter to Munger Engineering which Mr. Munger was referring to. The Mayor stated it was dated January 26, 2007 and is the engineer’s standard review checklist. Staff agreed with the interior lot line being zero. The Mayor asked for public testimony. Christina Flores, 12336 W. Bridger Bay Drive, Star, stated she was aware of the commercial area when she bought her house in Pinewood. But, she is concerned with traffic to the commercial affecting school children. Flores asked what type of commercial will be going in, to which the Mayor stated it would be general commercial retail and no heavy industry. Flores stated she was also concerned with the parking; would they be allowed to park on the street when inside parking is low. She expressed concern with uniformity of all the buildings, preferring there not be different looks within the complex. She asked if the homeowners would be allowed to give input regarding what can come in. The Mayor explained there may be certain business coming that will require a conditional use and at that time there would be a public hearing to take testimony from the public. Chris Stokes, 10166 Arrowleaf, Star, stated she would like to know what tenants will be moving in – what is planned. If developers do not know, than how can they decide it is market or tenant driven? Gary Smith, 258 S. Langer Lake Way, Star, stated he was in favor after attending the neighborhood meeting, but is concerned with the lighting. He would like them to consider dark sky lighting. The Mayor informed everyone that the City is working on a draft updating the streetlight ordinance and should have it ready within the next three meetings. 4 Dan Frasier, 12219 W. Bridger Bay, Star, pointed out that his is the only home that faces into this commercial development. He is wondering why there was no consideration to having traffic pull in off the highway. The Mayor stated that the Idaho Transportation Department would not allow it. Frasier is also concerned with the lighting and the consistency of building design. Applicant Rebuttal – Sandra Johnson pointed out they did do a traffic study and they did build the road to accommodate the traffic accordingly. As recently as last year they again asked for another entrance and were again denied. The entrance is extra wide for this reason. The developers also want to have continuity in the development and will have design guidelines. They have no problem using dark sky lighting with photo cell lights and will buffer the houses as much as possible. They are currently looking at a daycare going in and the playground will be located away from the homes, not butting up against them. Their plan is market driven and they have had a number of inquires, including financial and medical institutions. The real estate market says many professionals want to own their buildings. Matt Munger addressed the parking concerns on the entrance road. He pointed out that different uses will drive the number of parking stalls needed. He remarked that parking will drive this complex and they look carefully at it. Munger stated they will use dark sky lighting with directional lamps and possibly shorter poles. They plan to maintain light on sight. The entrance road was designed for having commercial at the front; that is why the road is as large as it is. Christopherson asked if they had originally designed the project to have entrances on Highbrook and Bridger Bay and if any of the buildings will have doors facing the road or are they all interior. Munger stated they would all have doors looking to the inside. The Mayor pointed out they could have doors on both sides, for pedestrian traffic from the sidewalks and vehicular traffic from the interior. Johnson pointed out it is designed with an interior plaza. There should be no vehicle parking next to homes. They have already provided a six foot fence along the property. Mayor Mitchell informed the audience that any signs going in must get a permit and meet setbacks and the amount of light output allowed per the zoning ordinance. At the time of applying for a building permit the plans will be reviewed, and the review includes they meet parking requirements. The consistency of design can be met with their design standards. Any uses not permitted in the zoning ordinance will require a conditional use and public hearing. The Mayor declared the public hearing closed and moved to deliberations. Christopherson stated he feels the application makes a lot of sense and it complies with the zoning ordinance. He would like to have added a condition requiring any lighting be dark sky lighting. McDaniel stated she agreed with Christopherson and her questions had been answered. It looked like a well planned development and she felt they should approve it. 5 Christopherson moved to approve File #SP-PP-FP 07-01, Combined Revised Preliminary and Final Plat for Pinewood Lakes West Subdivision with conditions 1 thru 18 and adding condition #19 that lighting be dark sky lighting. Mayor Mitchell asked for clarification if he meant inside or street lighting. Christopherson stated his intent was everything. Erlebach seconded the motion. All ayes: motion carried. Hidden Meadows – Annexation, Zoning, Preliminary Plat: Mayor Mitchell explained that the annexation and zoning and preliminary plat are separate applications but will be heard together and decisions per applications will be heard separately. Mayor Mitchell declared the public hearing for Hidden Meadows open and asked the applicant to speak. Applicant – Darin Taylor, Taylor Land Planning, explained his background. He has spent time looking around Star and realized there was a need for diversity and has submitted a preliminary plat with different lot sizes, different types of housing and not the same earth tone color Star is seeing a lot of. This parcel is 23.77 acres and is not on the City’s current zoning map. This particular piece of property could be considered an infill type of property with the Corinthian property to the west, the property to the south being developed within Canyon County with 190 lots, and it being one and a quarter miles east of Middleton city limits. They plan to do some infill and a letter of amendment for possible floodplain zoning that may be coming. The lots in the East Canyon project abutting them are 14 by 110 feet. They feel they are harmonious to the property to the south as they are putting the larger lots next to them and the higher density to the interior. They do comply with the requirements for common area; which will include a pool, cabana and park area. All four streets and the alleys will be public and there will be no parking on the alleys. Taylor stated the Star Fire Department is favorable to the plan. The landscape plan was left out, but they do plan on having trees and will comply with the City’s landscape ordinance. Taylor directed the Council’s attention to Exhibit C showing the breakdown of proposed number of lots and Exhibit D which shows the lots ranging from 3,000 to over 21,000 square feet. In the development agreement they are requesting different setbacks from the City’s Zoning Ordinance. In regards to the preliminary plat Taylor pointed out they have platted the larger lots around the outside and all the 35 foot lots face the common areas. At least one third of the lots face common areas. To allow for alternate housing style some of the interior lots are 25 feet wide and are alley loaded. The narrower lots require narrower setbacks. They feel the style is unique and there is a need for it. They have run the plat past the Fire District and the Highway District. Mayor Mitchell asked what conversations have they had with the Middleton School District. Taylor stated they have been working with the School District and they usually request a land or cash donation. There will be an elementary and middle school to the east of the project. The School District recognizes that smaller lots do not bring as many students. They are pursuing the creation of impact fees and if it doesn’t pass they may be required to make a cash donation to the District. McDaniel asked what the density to the south is. Taylor stated it is R-3, but the housing is clustered to the north due to the floodplain. 6 Mayor Mitchell pointed out a clerical error on page six; wherever it says “reversion to R-3” it should say “reversion to R-T”. Taylor stated it had been corrected in the copy delivered to the City Attorney today. Christopherson asked if the development agreement basically defines what they can build. Taylor stated that was correct; they had used the Corinthian Home’s development agreement as a template. The Mayor pointed out the reason for the development agreement and preliminary plat being combined with the annexation and zoning was because they are crossing county lines. This will legally protect the zoning to the property, and provide protection to the service providers. McDaniel asked for clarification regarding the ten percent open space, asking if the storm water collection only totaled forty percent. Taylor stated it did; the Zoning Ordinance limits storm water collection to forty per cent of the open space. It will be useful open space with grass and pressurized irrigation and will be maintained by the homeowner’s association. Erlebach stated he felt it looked like a glorified trailer park. There is 2.4 acres of open space and by the time you take out space for the pool, cabana, and parking it looks like there will be one acre of open space for kids to play in. He stated he didn’t consider irrigation swales as open space. Taylor stated they have homes looking out at half acres of open space that have pressurized irrigation and grass. He noted these were retention ponds, not swales, with a two to one slope for safety. One third of the houses will look at one of the two open spaces. Christopherson asked if it was their intention to have the lots on the outer rim significantly larger then the interior. Taylor stated they did this to offer something new and unique. They have created a buffer within themselves. He pointed out the alleys will be one way and the Highway District required them to stub a road to the west. Todd Armstrong, with Bent Lane LLC, stated they are looking at carving out a niche in the market. Since they began working on the project in 2005 they have added more acres. They consider this property to be upscale affordable, with prices in the low $200,000.00. The pattern across the valley is that there will be fewer homes under $200,000.00. The cost of land is driving up the cost of homes as well as the cost of building supplies. Because of the width and size of the ground they came up with a different concept and took it to the neighbors. It was not well received, so they revised the plan. They need some density to make the project profitable. They are looking at an eighteen month to two year life cycle. He asked the Council to look at page three of the handout which had photos of proposed homes with alleys. The alleys will be landscaped, will be an open corridor, and will have the minimum required trees. On page four of the handout there were pictures of housing that is utilized in Meridian on narrow lots and pictures of 15 foot wide homes built in Boise. Houses can be treated differently to look different. On page six of the handout there are several lots of homes in Heritage in Meridian on 35 foot lots. When you take the garages off the front you can become more creative with the front. At the top of page nine were examples of a variety of homes used successfully in Cobblestone with 40 foot wide footprints on 1,300 to 2,200 square foot lots. The outside lots will be 60 feet wide and will 7 accommodate a third garage bay. Armstrong stated that by the time they meet everyone’s requests regarding open space it becomes small, so they proposed having a pool with a cabana and changing room to provide a usable amenity. They had looked at the Heron River project but their lot prices are not for everyone; they will be providing a lower priced lot. Erlebach apologized to Taylor regarding the mix up in terms pond and swale, pointing out the blueprint before them said swales and the next page said ponds. He asked if he had said the alleys would be landscaped with irrigation, grass, and plantings. Armstrong stated yes and the planting could be address and they would go with what they are advised. Christopherson noted that the common lot to the west says the entire lot is 35,294 square feet and when you remove space for the pond there looks to be 6,000 square feet of useable space. Ponds generally are two to three feet deep to catch the water and dissipated it into the ground. Christopherson asked how the neighborhood meetings went and how many attended. Taylor stated they held three neighborhood meetings and a couple of the attendees were present tonight. Following the second meeting they changed the concept plan and at the third meeting held in December there were four or five in attendance. They plan to landscape the south boundary with berm and fencing and have kept the Bent Lane approach south per ACHD’s request. Erlebach asked if they had reviewed the letter from Canyon Highway District 4 dated March 16, 2007. Armstrong stated they had no problem with their comments. The Mayor asked for public testimony. Kristin Battey, 2420 N. Munger Road, Star, stated they own property adjacent to Bent Lane and wanted to point out there were five in attendance at the second meeting and four at the third meeting. All attendees were opposed to the density and the small lots. She felt like they are being threatened to accept this plan or they might create something worse. She doesn’t consider this an infill project as there is open ground surrounding it. She is concerned with 25 foot wide lots with 15 foot wide homes. She feels this will not be a high quality development as they are squeezing every little thing out of the development. Eric Battey, 2420 N. Munger Road, Star, asked what the proposed setbacks on the lots would be. The Mayor stated the living space would be the standard setbacks of five feet and garage would be three feet, which would be six feet between two garages. Battey asked if the developers of River Ranch had commented on this project. Mayor Mitchell asked Mr. Battey how long he had owned property off Bent Lane, to which Battey replied roughly 18 months. Thomas Moore, 21691 Bent Lane, Star, stated he had only attend the second and third neighborhood meetings and the developer had not attended any of them. The meetings were held for only an hour and not every one got to address their concerns. The original plan was for 90 houses with a park in the middle. The neighbors actually liked that plan. The concern with dark areas was actually Mr. Taylor’s concern, not the neighbors. He wondered how they can compare these 25’ lots with Corinthian’s lots, which are 40’ in width. Moore noted the large lot is already spoken for by the original owner. He questioned calling the small grassy areas common lots. He pointed out the River Ranch Development is 189 lots on roughly 135 acres. Christopherson questioned Moore regarding his mentioning the developer 8 was not at any of the meetings. Moore stated Mr. Taylor was at the second meeting and a lady, who is no longer with them, was at the last meeting to answer questions. Christina Flores, 12336 W. Bridger Bay Drive, Star, thanked the Council for listening to her concerns. She pointed out that two meetings back a project was denied and requested to have lower density. She feels this development should have the same consideration. She stated it would not be pleasant living in a project with this small of lots, having to listen to all the neighbors noises and there being no place for kids to play. She felt it would not be a good standard of living. Frank Turner, 234 N. Devon Way, Star, stated he has a history in law enforcement and law enforcement hates alleys. There are usually higher incidences of burglaries and other problems. Alleys usually become dark and cluttered. The Mayor pointed out Ada County has not commented specifically on the alleys and having a statistically higher crime rate in the valley does not necessarily coincide with alleys. Chris Stokes, 10166 Arrowleaf Court, Star, stated she moved from Bend, where higher density was created with alleys and there really is no place for kids to play. Their toys overflow into others lawns. The lower density begins to look like lower income homes. She asked they make sure this amenity is the type of housing everyone wants to see in Star. Tia Frisk, 10114 Arrowleaf Court, Star, stated she mirrored what Stokes has to say. They own the largest lot in their subdivision and still feel like they live in a fishbowl. There appears to be no place for kids to play. She would like to see the City work on sidewalks and making the streets accessible for bikes between neighborhoods. She felt if you have lower medium houses then investors will purchase them for rentals. Tracy Richter, 21691 Bent Lane, Star, stated he lives just south of this property. He is concerned with the alley homes. There is no parking so the overflow parking will be on Bent Lane. He is concerned with safety with the additional cars. He felt the small houses could be a potential fire hazard, and stated he agreed with others comments and concerns. The Mayor stated that in regards to smaller houses becoming a fire hazard they will have a different standard of construction for fire protection. In regards to parking, per the City ordinances they are required to have a certain amount of parking. Applicant Rebuttal – Todd Armstrong apologized to the neighbors, he was given bad advice when told not to attend the meetings. He will attend in the future. He stated they are planning on building a nice product and are not planning to build a slum. He was unaware that $200,000.00 homes were considered low income. Idaho Power is holding a meeting regarding building an office and substation with 50 employees at Bent Lane and State Street. No one will be willing to live on one acre lots behind a substation. He stated they listened to the neighbors comments and took them into consideration. The homes at River Ranch start at $400,000.00. There will be transition commercial to low density. There will be 10 feet back of the houses to the alley, a 20 foot alley, and 10 feet to the next house, creating 40 feet between houses. It would be possible to have photo cell lighting. McDaniel questioned Armstrong regarding where these types of homes have been built. Armstrong stated in Meridian there are four to an acre with 40 to 50 foot widths that are 9 doing well. Twenty-five foot lots are selling for $250,000 to $290,000 all over Boise. They consider themselves to be upscale affordable builders; they plan to build houses that sell, not shacks. McDaniel asked what type of people they projected would be buying these houses. Armstrong stated they expected retirees, people on fixed income, and new families; not entry level home buyers. Erlebach stated he felt the City would be left holding the bag if the homes don’t sell, not the developer as Armstrong stated. Armstrong stated that for what he paid for the ground one house to the acre doesn’t pencil. McDaniel asked what their motivation was in asking for R-5 zoning. Armstrong stated they are asking for R-5 due to feedback they had received. Mr. Mammone at City Hall asked them to put in the two ponds. Mayor Mitchell asked if Hidden Meadow Street stubbed to the west is in alignment with the Corinthian property. Armstrong stated they haven’t addressed it directly with them, but they are being required to provide a sewer stub to them. The Mayor stated he was looking at connectivity for pedestrian traffic and asked if they had discussed walking paths with Corinthian. Armstrong state they had not, but there is a canal that may get orphaned and could become one. Mr. Taylor stated the concept plan presented tonight was at the last neighborhood meeting for view. The eight lots indicated at the second meeting was only a concept and wan never intended to stay eight lots. They will be providing curb, gutter, and sidewalks throughout the project. They have tried to make the project walkable, parkable, and aesthetically pleasing. There is 1 ½ acres divided that is intended for play. Taylor noted he had encouraged the owner not to attend neighborhood meetings because usually there is miscommunication. In regards to comments from citizens regarding not seeing the plan he pointed out the application had been on file with the City for anyone to view. He noted the three foot side setbacks would only apply to garages, otherwise there are no deviation from setbacks. The Mayor declared the public hearing closed and moved to deliberations. Christopherson stated he felt the density was appropriate as it is close to commercial and is not far from downtown, but he had concerns with the preliminary plat. He could see only one acre of useable open space and would like to see more. He appreciated that one-third of the homes butted against open space, but only they would benefit from the open space. There was testimony of people overflowing into others yards and he could see it was possible. He understands there is a need for higher density with upscale affordability. He doesn’t mind the density but felt they can crate a better plan with more open space. McDaniel stated she had no problem with alley lots or small narrow lots; they can be appealing to some. She felt the center area is too dense and lot sizes to narrow; felt 35 feet widths would be more reasonable. She stated she was not in favor of granting a waiver on setbacks at the front. She would be open to approval if the center area was redrawn with wider lots and there was more useable open space. Taylor asked if 31 foot widths would be acceptable. 10 The Mayor explained that before them was an annexation and zoning with a development agreement; they could approve it and not approve the preliminary plat and have it come back or they could deny all three and start over. It would be smoother if suggestions could be incorporated with the development agreement. Christopherson asked if because the development agreement came in with the application they must approve it with the development agreement. The Mayor stated no, but they must be careful because a portion of the agreement needs to be attached to protect providers. Taylor asked if the entire project could be postponed. The Mayor stated it could be tabled to a date certain. Erlebach thanked the developer for proposing something different and stated R-5 might be doable. He stated he personally did not like alleys, felt they needed more than one acre of useable open space and it should be more accessible and have amenities. He felt the application should be tabled and they should start over. Christopherson asked the developer how much time they would need if the Council tabled their application. Armstrong stated they could be ready by the next meeting and needed some guidance on what the Council would like. The Mayor recommended if they table the application, the Council give specific recommendations so developer knows what they want. Christopherson stated he felt R-5 was fine and if they were to make the other lots smaller to add open space it would be okay. He suggested they make the 25 foot lots wider and there be at least 15 per cent of useable open space McDaniel stated she agreed with Christopherson and would like to see 35 foot lots and more useable open space. Erlebach stated he would like to see R-4 zoning, as he didn’t see how they could get more open space without eliminating lots. Christopherson moved to table Annexation and Zoning File #AZ 07-01 and Preliminary Plat File #PP 07-01 to the April 3, 2007 Council Meeting, recommend the density be no greater than R-5, and the plat be required to have at least 15 percent of open space. The Mayor stated it would be best to state the open space be in something other than in ponds and that the open space for drainage not to exceed what is shown on the plat in front of them. McDaniel seconded the motion. Christopherson amended his motion to state minimum lot to be 30 feet not 25 feet. McDaniel amended her second. The Mayor clarified the motion – table to April 3, 2007 meeting, to have 15 percent open space with none being added into drainage, density a maximum of 5 per acre and minimum lot width of 30 feet. Legal Counsel, Paul Fitzer, clarified that if there are significant changes then the public hearing would be reopened. Ayes – McDaniel and Christopherson, Opposed – Erlebach. Motion carried. A citizen from the audience asked if the date were to change would they be notified. The Mayor stated the dated could only be changed at that meeting. The Mayor called for a break and called the Council Meeting back to order at 10:10 pm. 11 New Business: Law Enforcement Memorandum of Understanding – Star Canyon: Mayor Mitchell read the list of parties involved in this agreement and explained this agreement deals with how law enforcement will be handled in the City limits in Canyon County. Citations written and warrants served in the Star Canyon area will be at the City level. All incidents occurring in Star Canyon area will be prosecuted in Canyon County. Our sheriff deputies will be available to the Canyon County attorney. McDaniel moved to approve the Law Enforcement/Emergency Medical Services Memorandum of Understanding RE: Star Canyon, Erlebach seconded the motion. In Section 6, Christopherson recommended striking out “Star Canyon” and changing it to “City of Star” and the last sentence should start with “City of Star”. All ayes: motion carried. Agreement for Prosecuting Attorney Services – Star Canyon: The Mayor explained the agreement is between the City of Star and the Canyon County Prosecuting Attorney’s Office regarding how they will prosecute cases. This original agreement is that Canyon County will prosecute all incidences occurring in Star Canyon area and they will keep the fees. They will not charge the City for prosecuting services. Erlebach asked if the fines were the same in both counties. The Mayor explained the fines within the City are the same, if cited in Canyon County out of City limits it would be whatever the County charged, and all State fines are the same across the board. Christopherson moved to approve the Agreement Providing for Prosecuting Services for the City of Star with the Canyon County Prosecuting Attorney’s office, Erlebach seconded the motion. All ayes: motion carried. Highway District Memorandum of Understanding: The Mayor explained this agreement outlines the maintenance of highways in the Star Canyon area. The agreement is between the City of Star and Canyon Highway District No. 4. Christopherson pointed out Section 1.8.1 doesn’t cover maintenance of sidewalks and questioned Section 2.1 which talks about not maintaining because population is less than 5,000. Legal Counsel stated it is by statute how the District maintains it jurisdiction. The Mayor pointed out that Section 2.3 discusses funding. Legal Counsel noted that he has revamped this agreement, forwarded it to the Canyon County Highway District, and has not yet received their comments back. McDaniel moved to table the Maintenance of Highways Agreement to the April 3, 2007 meeting pending Canyon County Highway District’s comments, Christopherson seconded the motion. All ayes: motion carried. City Hall Contract Review/Approval: The Mayor stated that before them is whether to approve the proposed bid from Benchmark Construction and approval for the Mayor to sign the contract. 12 McDaniel moved to approve the proposed construction bid for the new City Hall of $1,395,992.00 from Benchmark Construction, Erlebach seconded the motion. Christopherson stated he felt they needed to approve the bid because the cost is reasonable. They have previously done the pre-qualification process. The Mayor informed the Council he had taken the proposed bid to three other contractors to review and all were similar with their rough estimates. He did this to verify it was a reasonable fair market value Christopherson asked if the City had the 1.4 million dollars available. The Mayor stated he would verify the amount available, but they had put 1.4 million in the budget. Christopherson asked how much control would the City have from here on out. The Mayor stated they will bring an interior color pallet back to the Council for approval. Erlebach asked if the contract with JJDS Architects was compete. The Mayor stated it was. The Mayor restated the motion before them was to approve the proposed construction bid and to allow the Mayor to sign the contact. Roll Call: McDaniel, Christopherson, Erlebach – all ayes: motion carried. Reports: Staff had nothing to report. Council: - Erlebach stated he had previously given the Council a proposal for Wi-Fi internet access and wondered if they would like to consider it for the City. Mayor Mitchell informed the Council there will be a proposal coming before them to create a wireless building and this may be able to include Wi-Fi internet access. Erlebach stated the LDS third ward contacted him looking for a community project they could do around April 21st. He recommended cleaning up the open field at the end of Star Road and Westpointe’s HOA approved it. They also talked with Mrs. Phillip’s regarding cleaning up the lot at the river and she also agreed. He has been in contact with the Star Community Church Pastor regarding skateboarding and they are receptive to the idea. One issue needing addressed first is the installation of quick release doors and exit signs that the Fire Department is requiring. He asked if the City would consider helping with the costs. The Mayor asked him to get a dollar amount to City Hall by Wednesday to have it put on the April 3rd agenda for consideration. Erlebach stated he has met with several contactors to get bids on installing the gazebo and swings at Blake Haven Park. - Christopherson stated he had nothing to report. - McDaniel asked if the Community Center would need to install sprinklers. Erlebach stated they would like to but they do not have to. McDaniel informed the Council she would be out of town April 15 – 29. Mayor Mitchell pointed out everyone has a copy of Committee rosters and he will be meeting with each committee to discuss with them what the Council expects from them, answer any questions they may have, and at this first meeting they will be electing officers. Anyone wishing to attend the meeting is welcome to and can get dates at City Hall. He attended a Blue Print for Good Growth meeting at which there was a presentation on having 13 a regional standard for roads. These standards would be used in making land use decisions and would have cities deny applications if roads could not handle the traffic. The main problem with this concept is thinking all cities will participate. He stated he felt it would be faster if the City works directly with ACHD versus thru Blue Print, and has asked ACHD to start the process using Star as a format. Richard Tinsley asked what was happening with obtaining a high school and middle school site. The Mayor stated they were still negotiating and the City has let them know we are very concerned about it. A citizen asked about the swimming pool proposed. The Mayor stated neither the pool nor the YMCA were a dead deal. We are working toward having a regional YMCA on Highway 16 and it would include an aquatic center. Adjournment: Christopherson moved to adjourn the meeting, McDaniel seconded the motion. All ayes: motions carried. The meeting was adjourned at 10:45 pm. Respectfully submitted: Approved: ______________________________ _____________________________ Kathleen Hutton, Deputy Clerk Nathan Mitchell, Mayor 14