City Council Regular Meeting

( ................ ,,\ Star City Council Meeting Minutes October 16, 2007 The regular meeting of the Star City Council was held on October 16, 2007 at the Star Fire Station. Mayor Nathan Mitchell called the meeting to order at 7:00 pm and all stood for the Pledge of Allegiance. ROLL CALL: Councilpersons Tammy McDaniel, Dustin Christopherson, Tom Erlebach and Chad Bell were all present. APPROVAL OF THE AGENDA: McDaniel moved to approve the agenda, Christopherson seconded the motion. All aye: motion carried. CONSENT AGENDA: The Consent Agenda consisted of: Regular Meeting Minutes of September 18, 2007; Claims Against the City - September 2007; Findings of Facts and Conclusions of Law for the Lenzi Setback Waiver and Trails End Preliminary Plat; Amended Findings for Claymont Estates Subdivision; Kastera Development request for time extension on Phase 3 of Pristine Meadows; and the Annual Agreement with the Idaho Humane Society. Roll Call: McDaniel, Christopherson, Erlebach and Bell- all aye: motion carried. PRESENTATIONS & PUBLIC INPUT: ( Whitney Lloyd of St. Jude's Children's Hospital stated that her daughter is a St. Jude patient. She thanked the Council for waiving fees for the building of the St. Jude's Dream Home. The Mayor explained to the audience that the City has agreed to waive fees for building permits for this project. Law Enforcement Repo1i - Chief Ramage explained that the City had seven burglaries this month. He explained that they did have a juvenile in custody for these burglaries, but he was released. Ramage went to a home to talk about locking doors and security and they were burglarized that night. The Chief explained that other than the burglaries, it was an uneventful month for Police in Star. A juvenile has confessed to stealing items out of cars, but no one has rep01ied anything missing, so nothing can be done. COMPASS - Highway 44 Alternative Analysis - Don Matson presented a basic update on the project. Matson passed out an informational repo1i on the analysis. They may talk about a possible bypass for Star at a later time. Washington Group is the main lead on this project. Committee Reports - School Committee Chairperson, Chris Stokes stated that they have an understanding of their mission and want to refine the mission statement now. They are committed to having the Meridian School District purchase prope1iy for schools. The committee has been asked by the District to get prope1iy information. Stokes stated that \., we do not have enough children in Star to have a new school at this time. Stokes stated  that they have been working with the City to get information as needed. The Committee ) wants to go forward and create a model school for Star that may not fit the other cities model, but will fit Star. The Committee will bring the proposal to the Council and then to the District. Stokes asked about the open house. The Mayor stated the building will be open for walk through the morning of the Pheasant Hunter's Breakfast. There will be no formal open house as we do not want to interfere with the Fire Department's breakfast. Amend Agenda - Christopherson moved to amend the agenda, adding ITD Presentation as 7C, McDaniel seconded the motion. All aye: motion carried. PUBLIC HEARING: Whitener Prope1iy Annexation & Zoning - The Mayor explained the process for the public hearing and described the location of this application (10206 W. State Street). Mayor Mitchell opened the public hearing and asked Council for any ex parte contact or conflicts of interest, hearing none, the Mayor asked the applicant to speak. Applicant: Shawn Nickel, 148 N. Second Street, Eagle, Idaho stated that the request is for annexation and zoning of Mixed Use. There will be a 42,000 sq. foot pad for a grocery store and two 4,500 sq. foot pads for retail and office space. The request does meet the Comprehensive Plan. This location is central to the city and will provide pedestrian access and lessening of traffic. This is one of the enclaves left in the downtown area of Star that has not been annexed. The power point presentation reflected the pad for the store and parking along with two 4,500 sq. foot retail pads. The applicant has been working with neighbors on the accesses. There will be shared accesses to the east and west. Both prope1iy owners were pleased with the accesses. Parking, lighting and setbacks will be designed to meet city requirements. Landscape buffering will be compatible to meet buffering along the no1ihern boundaries. The hours of operations will be for a Ridley's Grocery Store which will be 7 am to 11 pm and deliveries from 7 am to 2 pm. There will be specific lighting and it will be shielded on the back side of the store. They will work with the neighbors on any concerns. The power point reflected the elevation of the store. Nickel stood for questions. Christopherson asked about the neighborhood meeting. Nickel stated that the neighbors were concerned with lighting and hours of operation, they seemed to be okay with this. Erlebach asked where the trash pickup will be. Nickel stated that it will be on the n01ih side of the building. Nickel does not have hours of trash pickup. Bell asked ifthere was anything on the prope1iy now. Nickel stated that there are horses and a rental house there now. Bell asked about the buffering of the back with something solid, are you considering a cinder block wall or what. Nickel stated that they have left that open for now. Bell asked if they would be willing to do a cinder block wall for noise abatement. Nickel stated that he has some reluctance on this as they could have a berm 2  and maybe a fence, which is why it was left open. Nickel stated that one of the neighbors ) wanted a cut through from their prope1ty, so he wants to leave it open. Erlebach asked about the fence. Nickel stated that the developer would pay for the wall. The Mayor stated that the zoning ordinances address this. The Mayor stated that if the Council wants something more than what the requirements are, it will need to be addressed in a development agreement. Christopherson asked staff if all of the proposed uses meet our Zoning Ordinance. Mary Shaw Taylor, Planning Administrator, stated that they do meet our requirements. Staff - Shaw Taylor stated that the original plan has been rescinded and the second plan does add more parking spaces, but does not reflect a garbage enclosure. Public - Wendy Krumm, 295 N. Hullen Place, stated that she is one of the prope1ties that backs up to this application. The original presentation to the neighbors was that there would be vinyl fencing and she is concerned as it does not hold up. Krumm asked who would be responsible for maintenance of a berm and the area between the berm and the homeowner's fence. The Mayor stated that there is an irrigation easement along that area and it will depend on whose prope1ty that sets on. Whoever owns the irrigation easement will be responsible for maintenance. Krumm stated that they want something a little more substantial for noise protection. ) Nickel stated that the applicant will be responsible for the maintenance on the berm. Erlebach asked if the store will be elevated. Nickel stated that it would not be elevated. Bell asked if the applicant would be willing to enter into a development agreement with regard to the solid wall - was he willing to say tonight that the wall would be block or concrete. Phil Whitener, 198 Rooster Drive, Eagle, Idaho, prope1ty owner stated that Ridley's have empowered him to work with the City to accomplish this project. Whitener stated that they will commit to a block wall or whatever the Council is comfo1table with. Regarding the maintenance questions, Ridley's will be responsible for all the maintenance. They will absolutely commit to a block wall and maintenance. Nickel stated that they would be willing to enter into a development agreement. Hours of operation could be part of the development agreement. Erlebach asked if the lighting will be on light poles or on the building. Nickel stated they will be on the building and will not drown out the neighbors; this can also be added to the development agreement. Erlebach would also like to add trees to the back of the landscape area for visual buffering of the building. Nickel asked for a height requirement for the wall be included in the development agreement. 3  McDaniel asked about the compactors on the plan, are they trash compactors at two sites. ) Mr. Whitener stated that they were for compacting cardboard and they are not typically noisy. Erlebach asked if they are going to have refrigeration truck/trailers running and left or will they come and go. The Mayor stated that they can come during delivery hours, our noise ordinance and set back standards would prohibit continuous noise. The Mayor declared the public hearing closed and opened the floor for Council deliberations. Christopherson stated that the mixed use fits with the surrounding areas and some kind of solid wall is waiwnted for that area and he would like to enter into a development agreement. McDaniel dittoed everything that Christopherson said. In their letter, they have committed to a six foot fence and she wonders if that is high enough. Can the development agreement address an eight foot fence? The Mayor stated that the zoning ordinance states that fencing goes up to eight feet. She is in favor of this. Bell agrees with the Council in requiring an eight foot block wall and a good landscape buffer for beautification. He is excited to bring this to town and believes it is a benefit to Star. It will also have good job opportunities and believes Council should pass this with a development agreement. ) Christopherson moved to approve the annexation of File #AZ-07-08 Whitener property with a Mixed Use zoning designation and development agreement and if this application is a grocery store, that it will have a block wall at the north end of the property of a height of eight feet, Erlebach seconded the motion. Bell asked about having the landscape buffer along the back meet with City Council approval prior to installation, and adding the hours of operation along with delivery hours to the development agreement. Legal Counsel, Paul Fitzer asked that the hours be clarified as to 7 am to 11 pm seven days of week. Christopherson stated that they will have an eight foot fence - what kind of landscaping are you looking for. Bell stated that he would like to see trees. He would like Council approval on the landscape plans. Christopherson amended his motion to include the Council approval of the landscape plan prior to installation and the designation of hours of operation, Erlebach amended his second. The Mayor stated that staff will write up the development agreement. All aye: motion carried. NEW BUSINESS: Chamber of Commerce Request - The Chamber has requested to rent a room in the old City Hall building. It was the consensus of the Council to have the Mayor negotiate a price for the space in the old City Hall building with the Chamber. J 4  Ordinance No. 182 Wing Road Prope1ty - McDaniel moved that pursuant to Idaho Code, ) Section 50-902 the rule requiring an Ordinance to be read on three different days, with one reading to be in full, be dispensed with and that Ordinance No. 182 be considered after reading once by title only, Christopherson seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell - all aye: motion carried. Bell moved to approve Ordinance No.182 an Ordinance annexing to the City of Star certain real prope1ty located in the unincorporated area of Ada County, Idaho, and contiguous to the City of Star, establishing the zoning classification of the annexed prope1ty as Residential (R-1) of approximately 95.03 acres and (R-3) of approximately 146.61 acres; directing that cettified copies of this Ordinance be filed as provided by law; providing for related matters; and providing for an effective date, Erlebach seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell - all aye: motion carried. Transportation Rep01t - Members from COMPASS (Toni Teasdale and Don Matson), Idaho Transpottation (Mark Wasdall) and Ada County Highway District (Sabrina Bowman) presented the Council with information on the Highway 44 Alternative Analysis project. Discussion was held on the rising costs of materials to build roadways, the need for more matching dollars from cities, the local option tax bill that died in the legislature and the need for the City to get the transportation priorities to Ada County Highway District. ) The Mayor stated that the City will have the list on Thursday of this week. REPORTS: Staff - Shaw Taylor stated that Legal Counsel is still trying to get a cross access agreement from the property owner next door. The Mayor stated that he does have a phone call into the owner. Shaw Taylor stated that they are still waiting for landscape bids for Lakeshore. Council - Bell stated that he attended a Valley Regional Transit meeting and they are talking about combining eff01ts with COMPASS. Erlebach thanked the local Youth Group for planting replacement plants at Blake Haven Parle Erlebach also noted that the swings have been installed. Christopherson stated that he attended an Economic Development Committee meeting and Mr. Dickens is going to have to step down from the Chair position. Christopherson will be sending out letters of interest. Christopherson will not be at the Joint meeting withACHD. 5  McDaniel will be attending the ACCEM meeting and will attend the ACHD meeting. Mayor - The Mayor stated that they will amend the agenda at the Joint meeting to prioritize transportation issues. This Saturday is the Pheasant Hunter's Breakfast at the Fire Station, the new City Hall building will be open during that time for people to walk through. The City Clerk gave the Council an update on where we are with the move into the new building. The Mayor stated that the Harvest Festival will be held on Thursday night at the School and the Chamber's Candidates Night Forum will be held on November 1, at 7:00 pm at the School. ADJOURNMENT: Bell moved to adjourn the meeting, Christopherson seconded the motion. All aye: motion carried. The meeting was adjourned at 9:20 pm. Res,;1fully submitted: Approved: { &di ,,," � Cathy War&ity Clerk Nathan Mitchell, Mayor ) 6