City Council Regular Meeting

Star City Council Meeting Minutes July 17, 2007 The regular meeting of the Star City council was held on July 17, 2007 at the Star fire Station at 7:00 pm. 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 present. Approval of Agenda: Christopherson moved to approve the agenda, McDaniel seconded the motion. All ayes: motion carried. Consent Agenda: Christopherson moved to approve the Consent Agenda, Erlebach seconded the motion. The Consent Agenda consisted of Approval of July 3, 2007 Regular Meeting Minutes and the Duntisborne Time Extension. All ayes: motion carried. Public Input: Star Police Report – Sergeant Ramage gave the Mayor and each Council person a copy of the June Crime Report and The Law Enforcement Needs Assessment report for fiscal year 2008. The majority of complaints they receive are in regards to dogs harassing citizens and the swimming area on the river. Officers will be increasing patrols and per an arrangement they have worked out with the property owners, officers will be issuing a warning ticket at the first offense of illegal parking along the river and issue a ticket the second time. The department is also increasing efforts regarding curfew violations. Anyone out after curfew will be cited. The STEP team will be in Star to work on the problem regarding crosswalk violations. Erlebach asked what Sergeant Ramage thought about the use of red flags to cross streets. Sergeant Ramage stated he thought they were a good idea, but a lot of time the flags disappear. Mayor Mitchell stated he has talked with ACHD about looking at flashing signals at crosswalks. City Planner, Mary Shaw Taylor, stated they are looking at grants and ACHD is committed to looking at funding for us. Mayor Mitchell stated they are looking at posting signs along the river stating what violators will be cited for. McDaniel questioned if there were private property signs posted and the Mayor stated there have been, but citizens have taken it upon themselves to remove the signs. He will also be putting a notice in the paper asking citizens to call if they notice anything suspicious happening. There was discussion regarding putting up a rock barrier. Committee Reports - No committee reports were given. Public Input – Kevin Nielsen, 11877 W. Blake Drive, Star, stated he was present representing the Saddlebrook Home Owners Association to ask the City to put more TLC into Blake Haven Park; there needs to be some clover control. He noted they liked the new trees added to the park and his family has enjoyed using the park and amenities. Mayor Mitchell explained he had already met with the landscape maintenance crew and they will be addressing some of the HOA’s concerns. They should be seeing some improvements. 1 Nielsen informed the Council he was willing to work with the City regarding any future water issues. June Russell, 10569 Gloxinia, Star, felt the Fire Department and code enforcement should be aware that Heron River Subdivision on the west is very dry. She asked if code enforcement could look into it, as it is a fire hazard. The Mayor explained they had been told the property is being used for agriculture. If there are noxious weeds the City could require them to be taken down, but if it is field grass nothing could be done. The City Planner informed them it had been looked into and it was agreed they could disc a fire break. If it is not done by the end of the week they could be cited. Public Hearings: The Mayor reviewed the procedures for public hearings. SB/CH Land Company Annexation & Zoning – Mayor Mitchell explained the public hearing for the annexation and zoning and preliminary plat for Taurus Village would be heard at the same time. The Mayor opened the public hearing and asked the Council if they had any conflicts of interest or ex parte contact, hearing none, the Mayor asked the applicant to speak. Bell requested the Mayor explain the time limit rule the Council would like used during public hearings. The Mayor explained the applicant would have fifteen minutes to present their application and public input from the audience would be allowed three minutes. He asked that everyone stay within the allotted time. Applicant – Bonnie Harper, 391 W. State Street, Eagle, explained the property was located between CanAda Road and Munger Road. The property is approximately 56.85 acres, with 168 residential lots planned for a density of 2.96. There will be 9.95 acres or 17.5% open space, well above what is required. They are creating tree lined streets, micro paths throughout the development, and will enhance the landscaping with a gazebo and an area for possibly a volley ball court in the park. The project will be walkable and friendly. The entrance at CanAda Road has been designed to minimize the impact of lights on the neighbors. Lots will average 70 to 80 feet wide and 150 feet long, so as to provide as much rear yard as possible for citizen use. They are asking for a time extension from one year to four years for recording the first phase, as they will phase in the project after developing the adjacent property (Orion Park) which they also own. Christopherson asked why they were asking for an R-3 zoning designation. Harper explained it was comparable with the surrounding zoning designations. McDaniel asked Harper to explain the waiver request of five feet for side setbacks for multiple story structures. Harper explained that homeowners are looking at larger lots, and want more yard and house. This would allow them to maximize the rear yard and still provide a quality development with tree lined streets. Bell asked how large the main entrance park would be. Harper stated it would be 1.68 acres with a gazebo, walking path and room for parking. There would also be a walking path 2 along Dry Creek canal to the north and to the south with fencing along the lots. There will be streets connecting to the adjacent project and paths that would have access to the clubhouse and pool facility in Orion Park. Christopherson asked for the reason for annexation when Corinthian has a lot of property in title that is only minimally started. Harper stated they had bought this property to fill in some of the pieces. This project will help with some of the improvements to the other developments, as well as compliment them. Erlebach questioned the building material that will be used to build the paths. Harper stated they will be enhancing the sidewalks and are willing to look at various path materials. Erlebach stated he would prefer seeing solid surface instead of rocks. Harper stated they would not be adverse to this. Erlebach asked what type of solid fencing they were planning along CanAda Road. Harper explained they are looking at a berm with vinyl fencing to compliment the property and the adjacent property. Staff had no additional comments. The Mayor asked for public testimony. Gary Smith, 258 S. Langer Lake Way, Star, had questions he directed to the developer. He asked what the price of the homes would be; had they done a demographic study; when would they be ready for sale; had a market study been done; and what sets this project apart from others. Applicant Rebuttal – Bonnie Harper stated they had done a demographic study and the Treasure Valley was still feeling an influx for housing. As this was only a preliminary plat, they were not ready to say what the market price for the homes would be, but they did have a price range they were considering. The market could be different when the product becomes available. Christopherson asked for clarification, his understanding was that nothing would be done with the land until 2012, as they would be developing Orion Park prior. Harper stated it came to down to having the infrastructure into Orion Park first. Kent Brown, Bailey Engineers, 1500 East Iron Eagle Drive, Eagle, stated a major factor holding this project up was putting in the sewer and water lines. It will involve lines going to two different lift stations. This project will help to keep cost down. Christopherson stated they were asking for annexation and automatically wanting a time extension. He questioned what was causing them to do a preliminary plat at the same time and not waiting. Brown stated that part of having it approved now was so when they go to build Orion Park they know where the streets are to connect. They have tried to make lots as large as possible to go with other projects coming on line. Harper pointed out that by them providing trails along Dry Creek they could conceivably connect to other trails. This project fits into adjacent pieces. 3 Erlebach asked where the runoff will go. Harper stated they had preliminary areas planned and they possibly will be allowed to drain into Dry Creek. They had forfeited two lots for drainage. Legal Counsel, Susan Buxton, noted she didn’t believe they could discharge into a ditch. Harper stated they would comply by possibly treating before discharging. Erlebach asked if they would be willing to proceed without the five foot setback waiver. Harper asked if the Council would be willing to compromise and go with five feet on one side and ten feet on the other side. They are looking at efficiency of what they can provide to the customer. Erlebach asked where the water feature in Orion Park was located in regards to this project. Harper stated it was on the northeast portion of the property roughly a fourth mile. She noted the waiver was not fatal to the application, but they would like the Council to consider it. Bell noted that when the path hits the edge that borders Orion Park it doesn’t go anywhere and doesn’t connect with Orion Park. Harper noted they would provide the opportunity for pathways to the south. They will be providing a nice walkable area for the homeowners. Brown pointed out it provides a lineal park to the south of the project. Mayor Mitchell asked what they planned to do with the Middleton Mill Canal. Harper stated they were not sure what was happening across the canal. They were platting a common lot along it with no enhancements to meet their requirements. All the lots are platted to stay out of the canal easement and the area will be common space with amenities. Erlebach asked what playground equipment they were proposing for the park area. Harper stated they were looking at play structures similar to what’s pictured and the homeowners will have use of the clubhouse and pool located in Orion Park. The Mayor pointed out the Council could retain control of what went into the park by making it a condition of approval that they bring back proposed park amenities to the Council for approval. Christopherson pointed out the Council is trying to have development with mixed uses. He didn’t see anything but residential use in this project and would like to see open space at 20%. Harper stated they felt they had provided ample space above the 5% required and have put the open space up front and made it useable. Christopherson reiterated they are looking for something more than just residential. Bell asked if they were counting the easement along the Dry Creek canal as part of the open space. Harper stated they were; they have dry open space at 1.98 acres and half the retention ponds and Dry Creek at four and a half acres or 8%. They are planning on having five foot detached sidewalks and tree lined streets. Bell stated that more than 50% of the open space was not useable and the ordinance states that at least 50% must be useable open space. He understood some of it was due to demographics, but he would like to see more useable open space. Harper stated they would take a look at the numbers and would make sure they comply. Bell stated they are looking at having 15% more of the gross acres be useable open space and not in housing. 4 McDaniel asked it if couldn’t be address through a development agreement. The Mayor pointed out they need to look at the annexation question. They could say they will not annex unless they provide 20% of open space. Bell reiterated he is looking at wanting 20% open space. Legal Counsel pointed out they would have to enter into a development agreement. Harper asked to confer with her clients. She stated they could enhance the park and peel back four lots to create 20% of open space. They would ask the right to reserve zoning at R- 3, allowed 170 lots, and create 20% open space. Mayor Mitchell suggested they could entertain the annexation and zoning tonight and have them bring back the preliminary plat for hearing and look at a development agreement. Harper stated they were agreeable to that; they then could put some real concepts together. Bell stated he had no problem with R-3 zoning, but wanted genuine useable open space. He was comfortable with bringing back the preliminary plat with a development agreement. Legal Counsel asked for understanding from the Council; that they ask for 20% open space for developments of 100 or more and 50% of that is to be useable open space. The Mayor clarified that the 20% can be for other uses, but if all of it is for open space than 50% of it must be useable. Christopherson asked the applicant how much time they felt they would need to redo the preliminary plat. Harper stated she felt they could have it in two weeks. Mayor Mitchell suggested tabling to the August 21, 2007 meeting to allow time for review. There would be no need to re-notice if tabled to a date specific. Legal Counsel stated there was no need to re-notice because there was not an increase in use, there would be less intense usage. The Mayor declared the public hearing closed and moved to deliberations. Christopherson stated he felt they should annex and zone the property R-3 with a development agreement with the conditions requiring them to have 20% open space and the Council have design review of amenities in the park as part of the landscape plan. McDaniel stated she felt the overall plan fits in with Orion Park and agreed with R-3 zoning contingent on a development agreement. Christopherson moved to approve File #AZ-07-06 for Corinthian Land Investments, SB/CH Land Company with an R-3 zoning designation contingent on a development agreement with condition one being 20% minimum open space and condition two being the Council retains approval of landscaping and amenities in the park, McDaniel seconded the motion. All ayes: motion carried. Bell moved to table File #PP-07-05, Preliminary Plat for Taurus Village Subdivision to the August 21, 2007 Council meeting at 7:00 pm held at the Star Fire Department, Christopherson seconded the motion. All ayes: motion carried. 5 New Business: Tucana Sky Final Plat – Mayor Mitchell explained this property entailed five acres located off CanAda Road and asked the applicant to speak. Applicant – John Wyman, 6151 Fountain Lane, Boise, stated he felt they had complied with all the conditions and the engineers have signed off. The only item left is the lighting on CanAda Road. Christopherson noted the final plat appears the same as the preliminary plat. Bell pointed out there was one additional common lot. Christopherson moved to approve File #FP-07-09, Final Plat for Tucana Sky Subdivision, McDaniel seconded the motion. Christopherson amended his motion to include conditions 1-13, McDaniel amended her second. All ayes: motion carried. Reports: Staff – Legal Council, Susan Buxton, asked that the agenda be amended for discussion regarding litigation for Lakeshore Park breach of conditions under Executive Session under Idaho Code Statute 67-2345(1)(f) Pending Litigation. Council - Bell stated the School Advisory Committee were excited and are in contact with the school board. They have had several personnel from the school district attend their meetings and speak to them. He will be attending a board meeting for Valley Regional Transit. Mayor – Mayor Mitchell asked for Council approval to respond to Mayor Dave Bieter’s appointment of Chuck Winder to the Regional Government Alliance. Next Monday he will be attending a Mayor’s retreat with other Mayor’s in the valley. Blue Print for Good Growth would like feed back by this Friday on their proposed document. Bell moved to go into Executive Session under Idaho Statue 67-2345 (1)(B) Personnel and 67-2345(1)(f) Pending Litigation regarding Lakeshore Park, McDaniel seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell – all ayes: motion carried. Council moved out of Executive Session and resumed the Regular Council meeting. Christopherson moved to direct Legal Council to negotiate a reaffirmation on Lakeshore Park Subdivision for improvements and nuisance abatement costs, McDaniel seconded the motion. All ayes: motion carried. Adjournment: McDaniel moved to adjourn the meeting, Bell seconded the motion. All ayes: motion carried. The meeting adjourned at 9:08 pm. Respectfully submitted: Approved: __________________________ ________________________ Kathleen Hutton, Deputy Clerk Nathan Mitchell, Mayor 6