City Council Regular Meeting

Star City Council Meeting Minutes March 4, 2008 Pre Council Meeting – 6:30 pm Police Chief Ken Ramage made a presentation on Law Enforcement Needs Assessment, which was a request for an additional Patrol Deputy. Star has seen a 30% increase in population since 2004. Ramage reviewed the report with the Council and asked for an extra patrol deputy. This extra position would also require an extra vehicle. Council President Bell thanked Chief Ramage and informed him they would like to put another patrol deputy on staff, but that the City did not have the money currently to do so. Law Enforcement Report – Chief Ramage reported that the month of January was uneventful. Burglaries were none existent – they have come to a stand still. Traffic is still the biggest problem. Ramage reminded everyone that Thursday night is the Town Hall meeting at 7:00 pm. Regular Council Meeting – 7:00 pm The Regular Meeting of the Star City Council was held on March 4, 2008 at 7:00 pm at the Star City Hall. Council President, Chad Bell 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. Mayor Nathan Mitchell was absent. Approval of 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 February 5th and 19th, 2008, Claims Against the City for February 2008 and the Colina Vista Subdivision Time Extension Request. Christopherson moved to approve the Consent Agenda, McDaniel seconded the motion. All aye: motion carried. Presentations: Committee Reports - Parks & Recreation Committee – Chelse McClure talk about the top five P&R Committee items to be approved. McClure stated that they wanted the aquatic park and restrooms open by Mule Days. McClure stated that there was no lighting on the west side of the City Hall. They still want to be involved in acquiring land and want to work on the ordinances. The Committee would like to have the community donate or give land. 1 Christopherson asked when the activities are suppose to start. McClure stated they had several classes scheduled, but there were no lights. It will be Fall now before any classes can start and they will be published in the outdoor magazine. Economic Committee – Terry Malarky stated the committee had met the previous week. Last month, Paul Hiler from the Boise Chamber attended the meeting. They are working on a list of businesses and available land in Star. Copies of the entry signs have been distributed to everyone. EDC will be sending out bids for two large signs. They will need to send it to City Hall. Bell suggested coordinating this with the Mayor. Malarky stated the company looking for a manufacturing place, was very impressed with Star. Erlebach asked if the Committee has looked at some cheaper signs. Malarky stated that the EDC decided to stay with that sign. Erlebach asked if they were looking for grants. Malarky stated that they have. Education Committee – Christ Stokes stated there was a meeting schedule with the Meridian School District and they will present some alternative type schools to the District. Public Input: Joe Russell, 10569 W. Gloxinia, asked about the landscaping at Republic Storage. He remembers a wall and rocks being requested to hide the storage from the public. Russell asked if the developer has come back and lessened the requirements. Bell stated that the rocks were put on the front of the building and the fence is up. He will have staff find out and report back. Chris Stokes, 10166 Arrowleaf Court, stated that she was assured that the landscaping would be just great. Bell stated they will look at it. She can understand if it is because of the winter. Shaw-Taylor will review the file and will report back on the next agenda. Denise Van Doren, 1107 W. Frost stated that she is not sure what an aquatic park is. Bell stated that it is a spray park and the Mayor has asked the City Engineer to put it out to bid. Van Doren asked if the pool idea was dead in the water? Bell stated that it is probably is dead this year. Van Doren asked if we need a committee to look into it as there are several people that would donate money. Public Hearings: Stonebriar Glen Annexation & Zoning (continuation) - Bell explained the procedures for the public hearings. Bell asked Council if there was any ex parte contact or conflicts of interest, hearing none, Bell opened the public hearing. 2 Applicant - Becky McKay, Engineering Solutions, 1029 N. Rosario, Ste.100, Meridian, stated there was a letter given to Council at the last meeting and they have also received a copy of the letter from the public regarding the annexation – these are the two platted lots to the north. Council gave the applicant certain items and asked them to go back and address some issues and talk with the neighbors. One issue was the serviceability – they looked at several options. They have talked to the neighbors about an easement – they would only consider the option along the north boundary along the service road. There will be a lift station just across the bridge. Star Sewer and Water would take it under consideration, but they have made no commitment. The other route is down Star Road with two lift stations or a gravity line. Preliminary analysis shows it is feasible to run sewer and water this route. They also looked at running the lines along the state ground. They did contact the Dept. of Lands and they do grant easements. It will also have to be evaluated by the Corp of Engineers. The applicant agrees that the Sewer Package plant out there needs to be eliminated. It is not unusual for big developments to have to install great distances of sewer and water lines. The burden is on the developer. The longest distance is about one mile. They will comply with the requirements of the Star Sewer & Water. The Star Sewer & Water District does plan to have a well in that area. This will be the first development to go south of the river. The second largest issue is the Highway 16 extension and they have met with the Idaho Transportation Department. The applicant has agreed to not submit any preliminaries until April 1, 2010 in the western area. McKay did receive an electronic version of the Highway 16 project – there are two options. The applicants may have to do some adjustments. They are still doing the environmental studies on the Highway 16 project. The third concern was the neighbors; McKay did not attend the neighborhood meeting. A memorandum of understanding was given to the neighbors to look at. This is unusual with the ten acre parcels, as they are difficult to sell. The Linds asked if the applicant could enlarge some of the lots east of them and near the Schidler’s. The applicant has eliminated nine lots which brought the surrounding lots up to about one acre. They are working on better transitions in the area. The Watkins asked for some reconfigurations and the applicant complied. McKay discussed different lot sizes and houses and stated they wanted a variety of home sizes. Lots go from 9,000 sq. feet up to two acres. The applicant looked at enclaves in the City limits of Star and they range in size. They don’t feel they are creating a problem for the City in the future. A transportation study was done and they made some recommendations. The development will generate a million dollar in fees. It will also create an east-west connection. The amenities include multi use pathways – they go along different waterways. There is about 20,000 linear feet of detached pathways. There is 85 acres of open space, some developed and some natural, 29% of the total property is open space. The ratio to streets is 11% as compared to a normal development which is 25%. The density is 1.01 units per acre. Two Rivers in Eagle is 1.45, Island Woods is 1.73 and Heron River 1.9. McKay feels they have made an honest effort and made sure the City is protected along with ITD’s corridor. This is an opportunity to protect that corridor. It complies with Comp Plan and McKay is asking the Council to approve it. 3 Council - Erlebach asked what the Sewer District wants to see. McKay stated that they have their own Master Plan and it is conceptual in nature and they have made no commitments. Hank Day has stated that one option would be to run a pressure line from Star Road. Erlebach stated that since the Highway 16 route is unknown as to the access, would the developer consider not developing the western part. McKay stated that it wouldn’t be a part of the development, but would be annexed. The developer does not want to create any problems for ITD with Highway 16. Christopherson asked to look at rendering of Highway 16. Option One is close to the project. McKay stated they would develop up to the red line – NO it would take place on the west side. Staff – Mary Shaw-Taylor reminded Council that this was only an application for annexation only – not preliminary plat. Public – Vicky Lind did not testify. Gary Rogers, 7353 Stonebriar Lane, Star, stated that he lives closest to the red line on the map. He stated that this application was a rezone. Shaw-Taylor corrected him and stated that it was for an annexation and zoning, as the property is not currently in the City of Star. Rogers stated that Stonebriar is an existing subdivision and there are provisions that state that these things can’t happen. Some of the property owners will testify as they want to participate and don’t mind being annexed. He believes Council should send this developer back and finish getting the neighbors together. This can’t be annexed or zoned. There is a solution to this and it is to go back and deal with these two people. Rogers stated that the developers don’t trust us. Homeowners want lower density to the east. They want as existing property owners, to have it done right. The serviceability should come from Star Road. It is premature to jump property and develop. It doesn’t protect the homeowners. Homeowners are being presented different information and it impacts them directly. He would love to have his property annexed into Star. He wants everything to move forward. John Garrett, 6235 Joplin Road, Meridian stated his concern is traffic. He can tell you the traffic count all day. The only acceptable thing to do is go to the east and west as Joplin Road won’t handle that amount of traffic. Darin Taylor, 509 S. Middleton Road, #105, Middleton, stated that he represents Scott and Vicki Lind and they do understand the City role. If this annexation is approved or his clients are injured they will take it up with Mr. Groves. They do not dispute with Ms. McKay there is still adequate reason not to approve this application. They do not want to delay this application. They want the application to comply with the Comprehensive Plan and the public interest. The annexation may make sense, the zoning of the east project does not make sense. The west side makes more sense then the east. 4 Taylor reviewed the questions he handed out. (See attached) Taylor asked if this meets the public need with thirty acre enclaves, this is not orderly development. Laurie Reynoldson, 251 E. Front Street, Boise, stated that she is also representing the applicant and has worked with Mr. Fitzer, the City Attorney on the development agreement. They can agree to the half acre changes and they will work with the additional information on the development agreement. Becky McKay, Engineering Solutions, stated that Mr. Rogers is opposed to high density, but one unit per acre is not high density. Regarding the traffic and transportation they went to great pains to create the collectors based on the neighbors comments. As far as jumping over land to develop, if you look at the old maps this is an usual process to jump across the river. The deviation comes just like the roads when they are annexed. Regarding the ponds – they are still there they made the applicant just made the common lots green on the map. They still plan on the ponds. Joplin Road is public right-of-way – for the future and Ada County Highway District is working on the question now. It will be a signalized intersection. The applicant has met with the neighbors and did agree that the CC&R’s will be honored as they exist. McKay did talk with the School District and they wanted a site further north – they want to be on the bench. The mixed use designation will not be acceptable to the neighbors as higher density or industrial. This is an umbrella zone of R-2DA, they feel it is appropriate. They believe that it does make sense. Councilman Christopherson read into the record the letter that was distributed. Bell closed the public hearing and reminded the Council that they are looking at annexation and zoning only. Christopherson stated that McKay gave out a lot of information and gave viable options for sewer and water. He has the same problem, this is not close to the road and also does not understand why the applicant wants to develop this. McDaniel understands that only a portion of this development would not be considered as it would be delayed. She thinks they have considered and have mitigated all factors. If we didn’t annex south of the river Boise and Eagle would not have developed. All issues have been addressed – she is in favor of the annexation and zoning. Erlebach thanked both sides of the debate and stated that they presented their sides very well. His concern is the tax payers of the City of Star – he doesn’t want to see a huge cost to them with the highway right-of-way and the value of the property – the developers need to resolve issues with the current homeowners and they do need a say in this. Another big concern is that do we really need to have this – he doesn’t see how the public will benefit. He is opposed to it and moved to deny the application of the Stonebriar, Christopherson seconded the motion. 5 Bell stated that he does need to weigh in on this – he does not have a problem with crossing the road and the developer does have the burden of cost. It is our decision as to if this meets our comprehensive plan. He doesn’t feel comfortable with where the highway comes through. Other issues need to be worked out outside this room. Bell stated that as long as the development agreement takes care of the problems he has no problem approving the annexation – the road needs to be very specific – he is supportive as long as the development agreement is specific. Erlebach and Christopherson – aye: Bell and McDaniels – nay: the vote is a tie. Bell stated that this decision will be continued to the next regular Council meeting and tabled it to March 18th at 7:00 pm. Nielson/Young Day Spa Conditional Use Permit – Sandra Nielson & Delana Young, 6020 N. Hill Point Way, Star talked about the spa – they are asking for a conditional use permit. It would be a service that is beneficial to Star. They have met with Chrystal that has a similar service and they will compliment each other. Bell asked for a description of what they do. They would be doing facials and makeup and detoxing treatments and have an area for classes. Bell stated that our current code does not have a definition for this and that is why it is a conditional use. Bell closed the public hearing. McDaniel moved to approve the conditional use permit for the Nielson/Young Day Spa with the three recommended conditions of approval, Christopherson seconded the motion. All aye: motion carried. Comprehensive Plan & Map – This application adds language from the Fire Department and Canyon Highway. Bell opened the public hearing. There were no comments from the public. Bell closed the public hearing. Christopherson stated that the application is pretty straight forward and moved to approve Resolution 2008-5 Adopting the Comprehensive Plan and Map for the City of Star and read by title only, McDaniel seconded the motion. All aye: motion carried. Resolution 2008-04 – Amending Fees - Bell opened the public hearing. No public testimony was given. Bell closed the public hearing. Christopherson stated that the fees make a lot of sense and they are pretty reasonable. Christopherson moved to approve Resolution 2008-04 and read by title only. McDaniel seconded the motion. All aye: motion carried. Adoption of the Parks & Recreation Committee Priority List – McDaniel moved to adopt the Parks and Rec priority list as so stated, Erlebach seconded the motion. Christopherson asked if they wanted to notate the water park/pool just to keep it in mind when planning. All aye: motion carried. Reports: 6 Staff had nothing to report. Bell asked about the Idaho Humane Society and licensing. His dog stayed at the pound for five days as they did not have information to contact him. Bell reminded everyone of the Town Hall meeting at 7:00 pm at Elementary School regarding gang activity. Bell attended school meeting, but had nothing additional to report. Adjournment: McDaniel moved to adjourn the meeting, Erlebach seconded the motion. All aye: motion carried. The meeting adjourned at 9:25 pm. Respectfully submitted: Approved: _________________________ ______________________________ Cathy Ward, City Clerk Nathan Mitchell, Mayor 7