City Council Regular Meeting

City of Star Council Meeting Minutes May 1, 2007 The regular meeting of the Star City Council was held at 7:00 pm at the Star Fire Station. Mayor Nathan Mitchell called the meeting to order 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 Agenda: Christopherson moved to approve the agenda, McDaniel seconded the motion. All aye: motion carried. Consent Agenda: The Consent Agenda consisted of the Meeting Minutes from March 20, 2007 and April 17, 2007; Claims Against the City for April 2007; Liquor License for EZ Entrees and Findings of Fact and Conclusions of Law for the Milligan Conditional Use Permit and East Canyon Preliminary Plat. Bell moved to approve the Consent Agenda, Christopherson seconded the motion. All aye: motion carried. Public Input: A. Idaho Power Presentation - Mr. Layne Dodson with Idaho Power gave an update on the Idaho Power system. They are actively building a lot of lines to meet the current needs. Idaho Power is planning to build a substation at Beacon Light and Linder. Dodson stated that Highway 16 looks to be a very active power line location. They will need to import serious power into the valley via transmission lines. The 500 KVA lines will probably be seen in the next twenty years. The next project will be a station at Can- Ada and State Street for a new operation center in that area. Idaho Power held a neighborhood meeting and it went well. This station will eventually staff 60 people. They are projecting a service date for the Beacon Light project at 2012 and between 2012 and 2013 for the station in Star. They have distribution lines going on Plummer now to serve new homes. Regarding communications, the annexations are coming in and he just asked the City to remember to include the businesses or homes on the properties for franchise purposes. Income from franchise fees last year was around $12,000. Dodson stated all rate classes will be looking at rate increases of about 15%. New rates will be announced in June. Erlebach asked what will be at station. Dodson stated that there will be trucks, building service people, techs, and maybe some energy efficiency people. The building size will be around 10-12,000 square feet. Public – Joe Russell, 10569 Gloxinia, Star, talked about high density. He believes it breeds crime problems and neighbors that allow their dogs to bark, animals run free and there is little responsibility, children scream and have little or no discipline. He would like to the Council to prevent this and somewhat mitigate loud noises. Council should 1 put restrictions on pets or make walls foam rubber. These are things to think about. Council should be pro-active and don’t wait until it happens. Gary Smith, 258 S. Langer Lake Way, Star, gave a power point presentation regarding land use and growth. Smith asked that consideration be given to having another residential land use meeting as there were only 20 people in attendance out of 5500. He is requesting that the City Planning Committee provide a detailed report on the current housing inventory in the City and he is requesting that the City Council place a hold on growth plans until the Planning Committee can justify the need for additional growth that will not impact current property owners. The Mayor stated that he has two concerns regarding the meeting. All committee members were equally disappointed at the turn out – the meeting before had a better turn out. The Mayor questions having an additional meeting to commit more tax dollars, but he will put it before the Council at the next meeting. The Mayor asked what Smith considers high density. Smith stated that it should be no more than four to five units per acre. The Mayor stated that he believes the numbers are high on vacancies in Star – one third of houses are not houses – they are planned. Bell stated that the process has been going on for a year and a half and the six o’clock time frame might have been too early. Bell asked if the city should have to beg for people to come to meetings. We spend a lot of money to send notices out to more people than showed up. The Mayor stated that the last meeting is not an end-all meeting. The Comp Plan will be sent out again. Smith asked some citizens about the notice and most said it looks the same as junk mail. The Mayor stated that there will be another review and to expect a public hearing in late June. Public Hearing: Hidden Meadows Annexation/Zoning/Preliminary Plat – The Mayor stated that this application was continued from the April meeting. The Mayor reviewed the procedures for public hearings. The Mayor asked Council for any ex parte contact or conflicts of interest, hearing none the Mayor opened the public hearing. Todd Armstrong, Bent Lane Development, Eagle, reviewed the application. This is the first meeting with all the Council together. Armstrong stated that the Corinthian development has some smaller lots on their plat than Armstrong’s. He at first considered this property to be out in the country and then changed his mind when he found out about Corinthian and their annexation and that they had high density. This concept is a result of talking to a lot of people. Armstrong took the Council’s comments to heart and created a central community in the middle which is connected to all common areas. The bubble area at the end was mostly covered with drain water and this has been changed. The topography designated where the drain ponds would be in this area. There are now 108 lots with zoning of R-5. The actual density is 4.5 units per acre. They have added an 2 acre of open space. The lot sizes have been increased to 31 feet with 30% of drainage area. There will be a cabana, pool, and a tot lot. Bell believes that the small lots on the Corinthian development are different than the small lots on this application – they have more acreage. Bell asked if they are granted the longer skinnier lots with back loaded lots are they willing to give the City design review for this project. The Mayor asked if that is for each building permit or included in the covenants? Bell stated that he’s looking for conceptual and is concerned that if someone else owns the plat and it looks different than what was proposed he would like some control. Armstrong asked if approval of conceptual plans prior to final plat would be okay. The Mayor stated that Armstrong stated that he was planning to hire someone to draw the elevations for the houses; they could be submitted prior to final plat and any variations on building permits would have to be approved by the Council. Armstrong stated that he does plan to hire an out of state architect to design the houses and is agreeable to something along that line with it attached to final plat or a condition like that. Bell asked about drainage issues and if we could get more open space on one lot and not three? Armstrong stated that was where they started. Mayor Mitchell stated that it was a usability concern, the Council pushed for the way it looks now. Armstrong stated that they had a bad plat to begin with and pulled it. That plat would contribute to the same look as in Star now and they don’t sell. Bell stated that he doesn’t want it to look like stacked up houses and feels we need something in writing that says what it will look like – and agrees we need some more affordable housing and there will be people looking for less maintenance homes. Bell’s concern is the final product. Armstrong stated that he too shares that concern – it is every bit as important to him as it is to Bell. Armstrong stated that when they look at 65 foot wide building envelopes with 24 feet in garage space – it is cleaner to put the garage behind the home. The Mayor asked Bell if we have designs prior to final plat and control in the covenants, will that satisfy the need. Bell asked how we would enforce it? The Mayor stated that if it doesn’t comply it will be back before the Council. Bell wants approval at Council level. Bell understands density of an R-5 and believes this is a good location for this type of project. He is concerned about this look and design. Bell will only consider this application with the design review condition. McDaniel asked about the pictures presented on March 20th, are they the ones that will be built. Armstrong stated that those houses were on the 30 foot lots. He does not have absolute final plans for the new buildings. McDaniel asked if those would be a design example. Armstrong stated that they would be. Erlebach asked if we are asking the applicant to come back with specific designs. The Mayor stated that we were. The applicant will have many designs and anything above that will have to come back to the Council. Armstrong stated that he hopes to have about 3 16 to 18 different elevations. Armstrong stated that a back-loaded garage lends itself to many different home designs. Bell stated that this could look very good, but doesn’t want it to look like stack housing. Armstrong stated that we need to embrace a different look. Erlebach asked about the pocket parks. He believes we need to put more into them like basketball courts, baseball fields and more tot lots. The Mayor asked why the swimming pool was located at the front entrance? Armstrong stated that it was for convenience and provides parking for pool. The Mayor stated that it is not as convenient as having the pool in the middle of the subdivision. The Mayor would like to see a walking path to the north. The Corinthian development has a lot of walking space along that area. Armstrong thought it was a great idea and there would be no problem putting a path in. Staff, Mary Shaw Taylor, reminded Council of the alley way discussion in Corinthian’s development was approved as alley ways being primary access – Hidden Meadows shows them as secondary accesses. Public – Ron Weston, 228 S. Vernon Lake Way, Star asked about schools. The Mayor stated that the Middleton School District has already discussed the school and Corinthian has donated a site. Gary Smith, 258 S. Langer Lake, Star, asked what kind of traffic would be put on Highway 44. He is concerned that at 7:30 am on Highway 44 is starting to look like Eagle Road. The Mayor stated that Canyon Co. Highway District has done their studies and they will handle all the side roads. The Idaho Transportation Department is the controlling entity on State Street and they have talked about traffic lights at Can-Ada and Blessinger Roads. Armstrong stated that regarding schools, the Middleton School District has discussed bussing and it is adequate. Armstrong agrees with ITD requiring River Ranch and Corinthian developments to make improvements to the roads. Erlebach stated that the last page of the preliminary plat section states that the buffer will be an open space planted in grass, we require street trees every 35 feet. The Mayor stated that it will be covered in the conditions. The Mayor declared the public hearing closed. Christopherson thinks this application is appropriate for the area and is near the Corinthian development with high density and commercial. The applicant has increased open space and likes Councilman Bell’s condition for design review and adding the pathway to the northwest corner of the plat. He is in favor of this plat. Armstrong stated that the pathway is on lot 28, block one. 4 McDaniel stated that the applicant has taken into consideration Council’s concerns and made favorable changes and she believes there is a market for this type of housing, as she would like to have this type of home. She believes the applicant has done an excellent job in listening to our concerns and she is in favor of the application. Bell wants the design review added to the conditions of approval and also have the amenities and open space shown on the final plat. Have it depicted and amenities shown before final plat. The Mayor asked if Bell was setting a minimum standard and not the standard. Bell stated that he just wants to know what is going into the amenity areas. Christopherson moved to approve the Bent Lane Development annexation and zoning to R-5, McDaniel seconded the motion. All aye: motion carried. Christopherson moved to approve the Preliminary Plat for Hidden Meadows with the stated conditions of approval 1-14, adding 15 – to have a pathway on lot 28/block 1 connecting to the Corinthian development; condition 16 – that City Council shall have design review prior to final plat of this application; and condition 17 – a final review of amenities that will be placed in the open spaces will be shown on this plat, McDaniel seconded the motion. All aye: motion carried. Mac Land Annexation & Zoning – The Mayor reviewed the application requests and the procedures for the public hearing. This application has zoning designations of R-2, R-3 and R-4, as complies with our Comprehensive Plan. The Mayor reviewed the conceptual plan. The Mayor asked Council if they had any conflicts of interest or ex parte contacts, hearing none, the Mayor opened the public hearing. Becky McKay, Engineering Solutions, 1029 Rosario, Meridian, stated that at the previous public hearing she had asked for an overall R-4 zoning designation for this property. A new revised map has been done. McKay stated that they went back to the drawing board and went through the plans again. They listened to the neighbors and came back with the three different zoning designations. McKay showed a drawing of the different zoning areas. McKay discussed Highway 16 and the future plans. When the City’s land use plan was looked at, multiple use zoning was planned for the area along Highway 16. The changes made to the development are: where the low density is located, lot sizes have increased, they have moved the open space, they still have more open space and pathways are the same. They have 80 dwelling units at a density of 1.8 units per acre now. The area now complies with the Comprehensive Plan. The 60 acres in the medium density, streets were rotated, they added additional open space with pathways, they will have play equipment and a pool. McKay stated that the number one comment from homeowners was they want more amenities in the open areas. The medium density (R-3) area contains sixty acres and has density of 2.8 units per acre. The forty acres (R-4) area adjoins the multiple use designation near Highway 15. The higher density there made sense and does comply with the Comprehensive Plan with a density of 3.8 units per acre. The overall density of the development is 2.93 units to the acre. The other thing they looked at was the City core – when they looked at proximity to the City core, the 5 development is approximately a mile and a half from the City core, it is not very far. The original development had 435 lots, they now have 416 lots – it has been reduced by 19 lots. When the Council asked why the development didn’t comply with Comp Plan, it was hard for McKay to make an argument. Developers generally try to avoid Comp Plan changes. The City’s Comp Plan encourages mixed uses, rural areas, it encourages pathways, parks and greenways. Regarding impacts on the neighbors, they tried to keep larger lots on the eastern side. McKay stated they did have another neighborhood meeting and did provide them with the revised map. McKay is here tonight asking for annexation and zoning only. They have met the Council’s concern about densities and are asking for approval. Christopherson asked why McKay did not bring the preliminary plat as was done in the first meeting. McKay stated that it wasn’t a preliminary plat the Council saw, but a Comprehensive Plan Amendment. McKay stated that the open space on this development is almost 14%, consistent with previous plan and is located more in one area. McDaniel asked about the build out time. McKay stated that typically in a standard market, developers would build a phase to two phases a year, about 40 to 50 lots. When we hit abnormal years they do 100 lots per year. Now, everyone is going back to the 40 to 50 lots and adjusting to the market. Right now everyone is very conservative. The Mayor asked what the anticipated start date was. McKay stated that there will probably be nothing started until the spring of 2008. Some of these are high end houses and builders are concerned, but that is the market right now. Erlebach asked how wide the lots are in the R-4 zoning. McKay stated that they are 80 foot lots, for attached townhouses now. McKay stated that one of the things they are seeing now, is that attached homes are better than detached products, they have better elevations. Staff had nothing to add. Public – Lori Ballard, 2361 N. Pollard, Star, submitted a letter for the record. She is in opposition to this development as it completely surrounds her property. Ballard read her letter. (See attached) She is concerned about too much density. She believes there will be about 20,000 trips generated from this development. Christopherson asked Ballard if an R-3 designation would be okay. Ballard stated that she would like to see an R-2, but realizes she will have to compromise. The Mayor stated that Highway 16 is a topic of discussion and is being studied. The Highway District has discussed getting rid of the corner at Rosti’s. The Highway District and the city are working on an agreement for this corner. Transportation has addressed all those roads looking at access improvements. Ballard asked about light at Beacon Light. The Mayor stated that ITD is looking at off ramps and no access between the two. It will 6 depend on funding from GARVEE. The Mayor stated that they are also looking at Beacon Light and Purple Sage Roads. Ron Winegar, 8998 W. Floating Feather Road, Star, voiced his opposition to the R-4 designation. Winegar stated that he Comp Plan says we need to take into consideration the surrounding area. He believes an R-2 would be pushing it in that area. He understands compromise, his primary objection is the R4 status. We need to take into consideration the commercial development around that area. Winegar stated that R-4 zoning and patio homes don’t fit into the area. Winegar spoke with surrounding property owners Mr. O’Neil and Mr. Sessions and they are not in approval of this development. The Mayor asked what was between this development and Winegar’s property. Winegar stated that it was a junk car lot and sage brush – which he preferred to development. Dave Fenwick, 6344 Foothill Road, stated that this application doesn’t directly affect his property and he expects Beacon Light to have a stop light. He likes open space for kids for play areas and feels good about something like this. He feels it will appreciate his property value – this kind of subdivision can only help Star. Fenwick is in favor of this development. McKay stated that there will be an estimated 4,000 trips per day generated, a traffic study was done prior to submitting the application. The study estimates 55% of the drivers are going to go east to Highway 16. Pollard Road is substandard is designated only as a local road and will eventually be a collector, which McKay will have to contribute to. This will help this area. Regarding Floating Feather, ACHD will have a decision by the end of the month. The question about the R-4 versus the R-3 and R-2. The R-4 is consistent with the Comp Plan. The thought is that the area is appropriate to be next to the mixed use areas. They have a balancing act with these different neighborhoods. The whole corridor along Highway 16 is going to change along with the areas surrounding it. We all need to think about the big picture. McKay has come back with what the Council asked. They have created more pathways and open space around Mrs. Ballard. This does comply with the land use plan and the Comp Plan and is less than three units per acre. Christopherson asked about the R-4 area and why they chose to put it there and not closer to the City. McKay stated that they anticipate Highway 16 to be a higher use area. The low density was due to the five acre lots adjacent to Star Acres. The R-2 was to match that area. McKay stated that theses are transitioning areas. Erlebach asked where the run off is going to go in the north corner. McKay stated that they do not have a groundwater problem in this area and any run off they have can be piped. The open area will have French drains and will be subsurface so that there are not mosquito problem in the area. Erlebach asked if ACHD will be requiring them to deal with draining water. The Mayor stated that there was no letter from the Corp in the packet - are you keeping the large drain areas. McKay stated that they were. The Corp wants it left in it’s 7 historical location. The developer can beautify the area, but it cannot be moved. Erlebach asked about the flood areas. Ballard stated that her front yard is in the flood way. The Mayor stated that we have requirements that the developer will have to follow regarding flood areas. McKay stated that they do not have any development in the flood way. The Mayor asked if McKay had seen the letter from ITD. McKay stated that she had not seen the letter from ITD regarding an agreement to the City. The Mayor stated that one of the standards is that the developer comply with ITD. The Mayor explained the ITD letter to the public. The Mayor declared the public hearing closed and moved to deliberations. McDaniel believes the applicant has come back with what Council requested and it complies with the Comp Plan with an overall density of R-3. McDaniel agrees that higher density needs to be near Highway 16. That’s why the mixed use is next to Highway 16. McDaniel believes the development is planned well and has good amenities and she is in favor of the application as presented. Erlebach asked if the City would be liable if we approve this application. The Mayor stated that we will make sure that ITD gets a copy of this application. The answer to your question is one the courts will be answering. The Mayor asked the Attorney about the liability and how much can trickle down to municipalities. Legal Counsel, Paul Fitzer stated that at this point we are fine, but can’t tell us later. Erlebach asked when the traffic study will be done. The Mayor stated that it was done, ITD is the only one that hasn’t seen it but we will get them a copy. This is an annexation and we can condition the preliminary plat. The Mayor explained that we send $3500 per building permit to ACHD and we charge nothing for State Highways. Christopherson stated that we have denied this application once due to the Comp Plan change of an area being designated as R-3 which they have now changed to R-2. He is having difficulty deciding where the R-3 and R-4 should be. He thinks it meets our Comp Plan and he is in favor of the application. Erlebach stated that he hates to put R-4 in anyone’s backyard, but the city will change in the next few years. He has no problem with the zoning designations. Bell stated that he understands the concerns of R-3 and R-4, he was concerned when it went around his property. He sits on the board for Valley Regional Transit. The planners say we should have nothing less than R-8 near major roadways. He doesn’t think that works for Star. We need to put higher density a half a mile from a major road. He doesn’t think R-4 is that drastic to be that close to Highway 16. Our city is changing and roads will change. We will have growing pains, he agrees with the other Council members and it does comply with the Comp Plan. 8 Bell moved to approve the Mac Land Company annexation and zoning of R-2 for 40.39 acres, R-3 on 61.51acres and R-4 on 44.07 acres as depicted, it was seconded by Erlebach. All aye: motion carried. New Business: Parkstone Subdivision Final Plat Phase 4 – Becky McKay, Engineering Solutions, stated that this is phase 4 and is the commercial phase. Her client has asked to meet with City Staff and change phase 4 to be phase 3 and phase 3 to be phase 4 as there is a lot of interest in the commercial lots. Erlebach stated that the map looks like six lots and then another has parking lots. Does each lot have a building pad. McKay stated that they do and the parking is interconnected, with shared accesses. Bell moved to approve phase 4 final plat of Parkstone Subdivision with the 13 conditions of approval, Erlebach seconded the motion. All aye: motion carried. Chamber of Commerce – Chamber President, Julia Fenwick passed out Mule Days information. Julia discussed the events and timeframes. Julia is asking for $6,500 from the City for promotional material – it is not for Mule Days. Christopherson stated that the Chamber has contributed $7,500 and asked if this was just in commercials or was it in print media also? Fenwick stated that they were 30 second spot ads and they ran 90 spots for an eight to ten week period. Erlebach asked if they are doing more advertising. Fenwick wants more input from the City. Spring is a good time to advertise, along with major events and then towards winter. Bell doesn’t want to sound ungrateful, he thinks the chamber and city need to talk more often. The City needs to understand what’s happening. Bell understands that the $6,500 request isn’t for Mule Days, but it always comes right before Mule Days. We need to separate things out. He doesn’t know if we should spend money to promote our city. We need to make sure that Mule Days is for Star. There are a lot of local people leave town because of all the outside people coming in. We need more benefit for the local people. We need to make sure that it is a Star event and not a huge event that is held in Star - but not for Star people. Bell stated that it was hard for him to write a check when it’s this close to Mule Days. He is uncomfortable being asked at this time for this money. Erlebach stated that Bell came up with good ideas and we need to get locals more involved. He thinks we should maybe have a quarterly report on what is going. 9 McDaniel, Mrs. Fenwick mentioned that it is poor timing, but also stated that it is not money for Mule Days. She thinks the overall goal is for people to find out about Star. Appropriation of $6,500 is appropriate. She is in favor of it. Christopherson agreed with Bell we do need to promote our City with more benefit for City people to be involved. It would be nicer to hear this request at the end of year. He believes we are spending too much for this campaign. Bell stated that $6,500 is not a bad price. Council has never had the conversation on how we want to promote the City and we need to. The Mayor stated that we had that discussion at budget time. Timing is wonderful. If this is about Mule Days, Council said no more. Council needs to decide if it is appropriate to spend money on advertising to promote growth on an area that is already growing. Fenwick wants a liaison to the Chamber and agrees, there needs to be better communication. The Mayor will be that liaison. Erlebach stated that he thinks the City is stagnate and not growing. Erlebach stated that the Council has dropped the ball by not researching it earlier knowing it was coming. McDaniel stated that the City is growing. The City is a business in and of itself and if you don’t promote a business a business will die. She thinks we need to promote this. Erlebach moved to approve the $6,500 for advertising to the Star Chamber of Commerce, during and before Mule Days, McDaniel seconded the motion. Bell stated that we need to fix this as he will vote no next year. Bell praised Fenwick for her efforts, but he won’t approve it again. McDaniel, Erlebach, Bell – all aye: Christopherson nay – motion carried three to one. Approval of expenditure for installation of Swings/Pavilion – The Mayor will get two bids together tomorrow. No decision was made. Reports: Staff had nothing to report. Council – Bell stated that he met with the School District and they have two other possible school sites. Christopherson stated that he held a web page training session for committee chairs went very well. The Mayor stated that he attended the Boise Chamber Leadership Conference in Sun Valley. 10 The Mayor reminded everyone of the Council retreat on June 14 and 15. The Mayor will attend one day of the AIC Conference in Coeur d’Alene to discuss funding for transportation. ADJOURNMENT: McDaniel moved to adjourn, Erlebach seconded the motion. All aye: motion carried. The meeting was adjourned at 11:00 pm. Respectfully submitted: Approved: _______________________ ___________________________ Cathy Ward, City Clerk Nathan Mitchell, Mayor 11