City Council Regular Meeting

Star City Council Meeting Minutes January 15, 2008 The regular meeting of the Star City Council was held on January 15, 2008 at the City Hall. Mayor Nathan Mitchell called the meeting to order at 7:10 pm 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 the Agenda: Christopherson moved to amend the agenda, moving 6-A to 6- C, adding 6-A – Law Enforcement Report and 6-B Committee Reports and adding 8-C Galena Agreement, McDaniel seconded the motion. All aye: motion carried. Consent Agenda: The Consent Agenda consisted of Regular Meeting Minutes of December, 18, 2007, Claims Against the City for December 2007, and Findings of Fact and Conclusions of Law for the Roberts Property and the Fontes Property. Bell moved to approve the Consent Agenda, Christopherson seconded the motion. All aye: motion carried. Swearing in of Mayor & Council: Oath of Office - City Clerk, Cathy Ward, executed the swearing in of Mayor Nathan Mitchell. Mayor Mitchell executed the swearing in of Council members Tom Erlebach and Chad Bell. Election of President – Erlebach nominated Chad Bell as Council President, Christopherson seconded the nomination. McDaniel moved to close nominations and have Bell continue as Council President, Christopherson seconded the motion. All aye: motion carried. Public Input: Law Enforcement Report – Chief Ken Ramage gave his monthly report. Car burglaries went to zero this month and it has been a quiet month. The speeders have slow down. There were no major events on New Years eve. Patrol was increased throughout the valley. Committee Reports - Heather Christopherson of the Parks and Rec. Committee. Discussed the water park at Blake Haven Park and wanted to make sure it was approved and a high priority. Restrooms will also be need along with possibly a storage shed for lawn mowers. The Mayor stated that it will need to go out to bid as the estimates are higher than $50,000. 1 Mary Shaw Taylor, Zoning Administrator, asked for approval to go ahead with the water park. Shaw Taylor asked for clarification on who will be responsible for getting the bids for the park. The Mayor asked Shaw Taylor to have Justin Walker, City Engineer, to put together the bid packets. H. Christopherson stated that the “Star Adventure” which is a parks and recreation publication, will have all the classes and that it will be coming out soon. H. Christopherson stated that the Parks & Rec. Committee will be hosting the Boise Trails Group here in Star on February 12th from one to four pm to discuss trail issues. H. Christopherson stated that the Parks and Rec. Committee wants to be involved in the ordinances for green space. The Mayor stated that there are no scheduled meetings at this time, but the committee would be involved. Shaw Taylor asked about the adoption of the Parks and Rec. priority list. The Mayor stated that it would be done at the first meeting in February. Councilman Christopherson stated that Gary Smith, Chair of the Economic Development Committee wanted to be here but could not tonight. Public Input – Denice VanDorn asked about the cost of the water park The Mayor stated that it was about $80,000. Public Hearings: Stonebriar Property Annexation & Zoning Continuance – The Mayor stated that this public hearing was a continuance from the November 20, 2007 Council meeting. The Mayor opened the public hearing and asked the applicant to speak. Applicant - Becky McKay, Engineering Solutions, 1029 N. Rosario Street, Meridian, Idaho, asked to defer their application tonight. They did get the development agreement over to the City Attorney and Ada County Highway District. The City Attorney had no problems with it, but ACHD had a few minor changes they wanted. The applicants have met with property owners and two of the residents have come to an agreement. Vicky Lind, one of the surrounding property owners, has asked for a deferral tonight as she would like additional time to review the agreement. The Mayor asked when they would like to be deferred, February 5th or 19th. McKay stated they are asking for the 19th of February. Christopherson is concerned about the way to get sewer and water to the site. McKay stated that they have met with the property owners to the west and she has put together two different plans and they are reviewing it now. They have also talked with the Star Sewer and Water along with the Corp of Engineers. 2 Erlebach asked if the property line goes all the way to the middle of the river. The Mayor stated that the State of Idaho owns that area. McKay stated that it is just like annexing to the middle of the road. Erlebach asked what they would do if the property owner denies access, would they go into the flood way to get access? The Mayor stated that the State owns the access. McKay stated that the developer is allowed to use the State’s access. Another option would be to run it down Joplin Road. Christopherson moved to continue the public hearing for Stonebriar to the 19th of February, McDaniel seconded the motion. All aye: motion carried. Snap Fitness Conditional Use Permit – The Mayor declared the public hearing open and asked the Council if they had any conflicts of interest or ex parte contact, hearing none, the Mayor asked the applicant to speak. Applicant – Braan Anderson, 6320 Grandview, Boise, Idaho, stated that he wants to open a 24 hour fitness center. The franchise is Snap Fitness and they have approximately 1,000 stores nationwide. Members receive an access card and once inside it is monitored with security cameras and digitally recorded. There have been no incidents related to a 24 hour fitness facilities. They hope to have it staffed from 7:00 am to 9:00 pm and then members can use their pass cards to check in after hours. Along with security cameras, there are also panic buttons and panic necklaces. The concept is to bring these fitness centers to areas that are overlooked by bigger facilities. Bell asked about adequate parking. The parking has been addressed previously. Christopherson stated that our ordinance allows for joint agreements for parking. Bell asked if there would be additional outside lighting – like parking lot or any other kind of lighting? Chris Christensen, 4502 N. Maekenzie Lane, stated that they do not intend to have additional lighting. Anderson stated that there is no plan to add lighting. For the most part, studies say that a majority of people will come to use the facility after 10 pm at night. All the noise will be on the inside. The only people allowed access are the members. There are no power lifting machines, so there will be no noise. Bell asked what guarantees that the members don’t bring in other people. Anderson stated that there are none, but they will be monitoring the cameras heavily the first 90 days. The Mayor stated that we shouldn’t be concerned about stolen memberships – we have no authority, but we do have ordinances that officers can enforce if there are other problems. Anderson stated that music is regulated by the facility and doors cannot stay open for it to bother neighbors. 3 Erlebach asked if lights in the facility go down when not being used. Anderson stated that lights in the facility will dim down if no one is in the facility. The Mayor asked about the signs. Shaw Taylor stated that she does have a master sign plan for the entire complex. Shaw Taylor stated that the Council may want to add a condition regarding a joint agreement for this application. The City does not have a description of a fitness center and so another use was used to address the parking. However, if the restaurant were to go in they are an approved use with a designated number of parking spaces. A condition that requires Snap Fitness to enter into joint parking agreements would be appropriate. No public testified. The Mayor closed the public hearing and moved to deliberations. Christopherson stated that he believes the conditional use permit is fine. As far as lighting goes, as long as they don’t add any more it will be okay. He believes that the 24 hour access is pretty minimal and they won’t have a ton of people going all hours of the day and he is in favor of it. McDaniel concurs, and stated that it would be a great asset to Star. She does not believe with the caliber of people who would pay to join a fitness facility there would be a problem. It looks like the application complies with our ordinances as far a parking and district requirements. Christopherson stated that he does like Shaw Taylor’s suggestion of adding another parking condition as other tenants come in and review their shared uses. Discussion was held on the problems caused with permitted uses. Shaw Taylor stated that this tenant needs to do a joint agreement with other tenants. Stephanie Bonney, Legal Counsel, stated that there are only a limited amount of parking spaces. The Mayor stated that if someone comes in and has to have fifteen parking spaces and that brings Snap Fitness down two parking spaces, they will have to get an agreement with other tenants for the other two required parking spaces. Bonney stated that it is not restricting any ones use. Shaw Taylor read the code section. She stated that this would restrict Snap Fitness more than anyone else as it is a conditional use and not defined. Christopherson moved to approve Snap Fitness Conditional Use Permit and include the three recommended conditions of approval adding a fourth that if future permitted uses reduce parking availability, applicants use may be reduced or modified. McDaniel seconded the motion. All aye: motion carried. New Business: Parkstone Subdivision – Amended Final Plat – The Mayor asked the applicant to speak. 4 Becky McKay, Engineering Solutions, 1029 N. Rosario Street, Meridian, Idaho, stated that this is an amendment to Parkstone #4 allowing the phase to be broken down to a smaller increment. McKay stated that they already have the water and sewer installed. It is identical to the original plat, only broken out into smaller parts. Bell moved to approve the amended Final Plat of Parkstone Subdivision, Phase 4, Christopherson seconded the motion. All aye: motion carried. Rental Agreements – The Mayor explained that the Star Chamber of Commerce and the Water District #63 are asking to rent rooms in the old City Hall. Rent will cover the cost of the utilities. The City will pay for utilities. McDaniel moved to approve the rental agreements and have the Mayor sign the agreements, Bell seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach, Bell – all aye: motion carried. Galena Consulting Agreement – The Mayor stated that this study will tell us if development is paying for itself and what we need to do. The Star Fire Department and Canyon Highway are participating. The entire contract is $51,600. Canyon Highway District has offered $10,000 and the Fire Department has offered $5,000 so we will owe about $36,600. If an impact fee is set up we can recoup the cost of the study through impact fees. The Mayor stated that any agreement between Canyon Highway and the Star Fire District is between them and the City and not Galena Consulting. Christopherson moved to approve the Galena Agreement and directed the Mayor to sign the Galena Services Agreement, McDaniel seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell – all aye: motion carried. Ordinances & Resolutions: Ordinance No. 184 Ada County EMS Property – 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. 184 be considered after reading once by title only, Bell seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell – all aye: motion carried. McDaniel moved to approve Ordinance No. 184 an Ordinance annexing to the City of Star certain real property located in the unincorporated area of Ada County, Idaho and contiguous to the City of Star; establishing the zoning classification of the annexed property as Multiple Use (MU); directing that certified copies of this Ordinance be filed as provided by law; providing for related matters; and providing an effective date, Christopherson seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell – all aye: motion carried. 5 Ordinance No. 185 Fontes Rezone - Christopherson 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.185 be considered after reading once by title only, Bell seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell – all aye: motion carried. Christopherson moved to approve Ordinance No. 185, an Ordinance rezoning certain real property located in the City of Star, Ada County, Idaho, at 575 Main Street, from Residential (R-1) classification to a Mixed Use (MU) classification; amending the Zoning Map of the City of Star to reflect such changes; providing an effective date, Bell seconded the motion. Erlebach asked if this was South Main. The Mayor stated that it was. Roll Call: McDaniel, Christopherson, Erlebach and Bell – all aye: motion carried. Resolution 2008-01 Regional Transportation Authority & Local Option Sales Tax – The Mayor asked Matt Stall, COMPASS Executive Director, to explain the request for the resolution. The Mayor stated that COMPASS is hosting a legislative reception at the Plaza One Building and encouraged all to attend. McDaniel moved to approve Resolution 2008-01, a Resolution of the City of Star, Idaho, supporting legislation for local Governments to establish a Regional Transportation Authority and seek voter approval of an associated local option sales tax authority, Bell seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell – all aye: motion carried. Resolution 2008-02 Rental Agreements. The Mayor stated that the resolution justifies the contracts for renting to the Chamber and Water District. McDaniel moved to approve Resolution 2008-02, a Resolution of the City Council of the City of Star, Idaho, authorizing the execution and delivery of a Star City Hall Office Lease Agreement with respect to the lease of one room within the old Star City Hall Office building to be used by the Water District #63; authorizing the execution and delivery of documents required in connection therewith; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this Resolution; and providing for an effective date, Christopherson seconded the motion. McDaniel amended her motion to add Resolution 2008-03 for the Chamber Rental, Christopherson amended his second. . Roll Call: McDaniel, Christopherson, Erlebach and Bell – all aye: motion carried. Reports: Staff – Shaw Taylor stated that Jack Davis, chair of the Transportation Committee could not be here tonight to give a report. Ward stated that the web page information had been sent to the person putting it all together and there was no indication of a time frame right now. 6 Bonney stated that the lease agreements have been corrected. Bonney will be attending the Council meetings from now on. Council – Christopherson stated he attended an EDC meeting on Thursday and SAGE made a presentation to the committee. They are getting their priorities in line and working on land for the entry signs. Christopherson asked if the Committees would be able to update their web pages. The Mayor stated that they would not, all information will be routed to the City Clerk. Mayor – The City will be hosting Treasure Valley Partners o the 23rd of the month. Paul Hiller of BVEP will be here at 6:30 on February 5 to make a presentation. The Star Economic Development Committee should be there. COMPASS is hosting the legislative reception. The Mayor is meeting with Norm Semanko, Eagle City Council member. The Mayor asked Bruce Mills of ACHD if he had something he wanted to address with the Council. Mills stated that their bonds for Saddlebrook Phases 5 & 6 were allowed to expire without having the swales completed and asked for Council’s help. The Mayor stated that the City would not issue occupancy permits until the bonding was in place for ACHD. The Mayor will be meeting with Bob McQuade next Wednesday at 9:30 to discuss the DMV office. The Mayor stated that the Parks and Rec. will use the west wing upstairs for their classes. Council Retreat - The Mayor asked Ward to provide a couple options to the Council for retreat dates. It will be held on a Friday and Saturday. Adjournment: McDaniel moved to adjourn the meeting, Bell seconded the motion. All aye: motion carried. The meeting was adjourned at 9:20 pm. Respectfully submitted: Approved: _________________________ ______________________________ Cathy Ward, City Clerk Nathan Mitchell, Mayor 7