City Council Regular Meeting

Star City Council Meeting Minutes June 17, 2008 Pre-Council Meeting: Mayor Nathan Mitchell called the pre-council meeting to order at 6:40 pm. Boise River Trail Coalition-John Caywood, Ada County Trail Coordinator, gave a presentation on a proposed trail route from Lucky Peak to the Snake River. They are looking at designing a trail system for connecting pathways for walking, biking, horse riding, bird watching, river paddling, fishing and other outdoor activities. They are looking at including the Boise River Water Trail System and working with the Ridge to River Trail System. Caywood stated they have experts to give guidance in developing trails, sample ordinances that can be used and were willing to assist the City in any way possible. They would like to incorporate the City's plan for trails into their plans. Nathan Bentley, GIS Manager Ada County Computerized Mapping, explained how GIS mapping could be used as a tool to assist in developing different trail systems and in creating models for different scenarios. They would like input from the City on where they would like to see trails placed. Caywood invited the City to participate in the Boise River Trail System and asked for a ) contact with the City. Mayor Mitchell stated they would like to have Mary Shaw Taylor as the main contact person for the City. Regular Meeting: The regular meeting of the Star City Council was called to order by Mayor Nathan Mitchell at 7:07 pm at the Star City Hall. 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: McDaniel moved to approve the agenda, Erlebach seconded the motion. All ayes: motion carried. Consent Agenda: Christopherson moved to approve the Consent Agenda, McDaniel seconded the motion. The Consent Agenda consisted of Approval of June 3, 2008 Regular Meeting Minutes, June 10, 2008 Special Meeting Minutes, Findings of Fact and Conclusions of Law for Kirtley/Drinkall Rezone & Conditional Use and Rockbridge Crossing Landscaping Plan, and Connor/Carson - Colt Carson Subdivision Time Extension Request. All ayes: motion carried. 1 of 8  Public Input Presentations: ) Star Police Report - Sergeant Ramage reviewed the monthly report for May. The crime rate is down with a slight increase in traffic citations and DUI arrests. Sergeant Ramage discussed the ordinance for "Failure to Supervise a Child" from Nampa, and noted the City already has part of it in place with the City's Curfew Ordinance. He would like to see a similar ordinance adopted to use as a tool to get parents to control their children. Erlebach asked if a minor child was under 16 as indicated in Nampa's ordinance or 18. Sergeant Ramage stated minors were under 18. Mayor Mitchell asked if the Council would like an ordinance drafted and go to a public hearing. The Council indicated they would. Committee Reports: Parks and Recreation Committee - Chelsea McClure: McClure stated the committee would be willing to work with the Boise River Trail Coalition. She noted they are looking for a new committee member as Heather Christopherson had to step down. She stated the priority list the Council approved were still the priorities they were working on, as well as they were working on communication. McClure stated they had hoped to have summer classes but it didn't work out due to needing additional lighting upstairs and a key issue to opening the building. The Mayor stated additional lighting had been added after it had first been brought to their attention. McClure stated that obtaining green space was a big priority with the committee. City Planner, Mary ) Shaw Taylor, stated this was the first she had heard about the lighting being inadequate and asked if they had talked to the elementary school and Senior Center for available classroom space. McClure stated the school was not available due to liability. They will look into possible space the Eagle Christian Church has in a building in Star. Mayor Mitchell stated keys and lights should not be issues to hold up holding classes. They will make arrangements to have the building open. Public Input: No public input was given. Public Hearings: Mayor Mitchell reviewed the procedures for public hearings. Kuenzli Rezone & Conditional Use Permit-The Mayor declared the public hearing for File RZ 08-02 and CU 08-09 for Kuenzli Rezone & Conditional Use Permit 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- Gail Glasgow, 259 N. Mira Avenue, Star, stated he was representing Ron and Marie Kuenzli regarding their property at 201 and 189 S. Star Road. They feel a rezone will bring the property into compliance with the City's new comprehensive plan. The conditional use application is to allow for bus parking, part sales, and farm machine sales 2 of 8  that are currently taking place on the propetiy. Glasgow stated these activities had been in use for 50 years. He noted the tire shop would be an amenity to the community. Christopherson asked if the tire company was for new tires or to fix tires. Glasgow stated both. Christopherson asked what improvements they were planning. Glasgow stated none. Bell pointed out that these commercial uses had not been going on for a long time; but it was true that they have been running AG uses out of the site. He stated he didn't feel that it set precedence for the current uses. He did agree that there was car repair being done two years ago and a cabinet shop prior to that. He was aware that Mr. Kuenzli's dad had a machine shop there when he was alive. Erlebach asked for clarification if the two propetiies were next to each other. Glasgow stated they were and they were asking for C-1 zoning for both properties. Mayor Mitchell explained that both were originally zoned R-8 and that the nmih lot had been changed to CBD. He stated they are asking for C-1 zoning to allow for some of the uses currently going on. If they approve the conditional use it will allow the other uses. The fact is that today's cmTent zoning allows for certain uses and they are requesting to be allowed to continue their present uses, which requires a rezone. Bell asked Glasgow if his clients, the Kuenzli's, understood the requirements they are going to be under with a zone of C-1. If zoned commercially were they agreeable to ) complying with the requirements of the new zoning. Glasgow stated he had discussed this with them and they said they will do what is just and prudent. They questioned if nobody else is required to have paved parking why they should. Mayor Mitchell explained others had come and asked for what they have. He asked if the Kuenzli's will come and ask for certain conditions. Glasgow replied that they will. Mayor Mitchell asked for Public Input. Ray Stokes, 10166 W. Arrowleaf Comi, Star, stated the place is an abomination and felt they need to bring it up to code as it is on a main street into Star. He stated it is time to staii improving the look of the community. Chelsea McClure, 10161 W. Arrowleaf Comi, Star, asked where the propetiy was located and were they asking to build a shop. Mayor Mitchell explained its location and how this application came to be. Linda Burch, 9695 W. Bray Creek Street, Star, asked how the process worked. Did she understand that people who are grandfathered in aren't being required to meet the codes. The Mayor replied yes and no and explained this particular building has had several different businesses run out of it. If they existed when the City incorporated then they are allowed. If the uses change then they need to be in compliance with our ordinances unless the Council allows certain conditions. 3 of 8  Chuck??, 795 S. Star Road, Star, asked if the issue is with the tire shop; it would seem ) the Council would not grant them the C-1 or whatever they are asking for until they came to them with a plan that would meet the City's comp plan. The Mayor explained that by their request, they were requesting the Council to grant them the right to continue as they are. Rebuttal - There was no rebuttal testimony given. Mayor Mitchell declared the public hearing closed and moved to deliberations. McDaniel asked if they were being asked to make one or two decisions. The Mayor explained they must make separate decisions for the zoning as there are two parcels. Shaw Taylor noted to the Council that the Kuenzli's have been responding to her contact with them and have been trying to comply with requests made of them. They have given her a timeline of previous uses of the property, which Shaw Taylor reviewed. Mayor Mitchell asked that Shaw Taylor's comments be included in the public hearing and again declared the public hearing closed. Bell stated he had no problem with anything except that they opened the tire business without going through the appropriate process. He had no problem with rezoning the prope1iy to C-1 as he felt it was a proper zoning for the site and fits with the Comp Plan. ) Bell stated he felt they need to comply with requirements for a tire business, which does include paving the parking lot. The tire business has not been an existing business and should not have been allowed without having to comply with all code requirements. He stated he is okay with the business but felt they must comply just as any other business would. He felt they are asking to be allowed to continue without having to comply. He stated he felt if they zoned the prope1iy C-1 it becomes an allowed use. Mayor Mitchell stated that was correct; and then they would have no mechanism to enforce any conditions. The selling of paiis and parking buses would require a conditional use, but the tire repair and retail sales would be allowed. With a conditional use permit they can make requirements only for items that require a conditional use, but not on uses allowed. The Mayor asked legal counsel if they approve the rezone and conditional use, and the applicant withdraws the conditional use before findings are approved, can they condition the rezone. Legal counsel, Jill Holinka, stated they could not, they are two separate issues. McDaniel asked if they do not approve the rezone, then did she understand the existing uses going on now will need to go away. The Mayor stated that was correct as they are currently in violation of code. Christopherson stated he had no problem with the rezone, but his concern is that if they change the zoning they wouldn't make any improvements, so they would still be in 4 of8  violation of code. He is okay with the rezone but feels there needs to be some requirements added to the conditional use. Erlebach stated they want a nice entrance to the City and past experience shows they will not comply and he feels they need to be made to comply; prior experience says they won't. Therefore, he would be against approving. Mayor Mitchell pointed out that if denied, any prior uses prior to 2001 when they first adopted the zoning ordinance would be allowed. Bell asked for clarification that anything prior to 50 years or so taking place when the ordinance was approved would be allowed. The Mayor clarified any uses in place at the time of ordinance approval would be allowed. Legal counsel stated she was not sure the applicant knows the uses at the time and stated the applicant needs to clarify. Shaw Taylor shared the timeline of uses from the Kuenzli's with legal counsel. Bell stated he was not willing to go with what is there; Al Holl is a new business without any permits. They need to be treated like any other new business and need to comply. He is not willing to rezone, because it would let them off the hook to comply and they can not condition rezones. McDaniel noted they have a unique and unusual situation. They want the property to come up to standard and yet they have other non-conforming uses in place. The Mayor pointed out that anytime you have change you have an opp01iunity to make it comply or ) you leave it stuck in time at 2001. McDaniel stated she was in favor of the rezone to allow things to move forward. Erlebach stated he had no problem moving forward, but it takes dollars and planning by the property owners and they haven't seen that happen. Bell moved to deny File RZ 08-02 Rezone of the Kuenzli property at 201 and 189 S. Star Road, Erlebach seconded the motion. Roll Call: Christopherson, Erlebach and Bell - ayes, McDaniel - nay: motion carried. Anytime Fitness Conditional Use Permit - The Mayor declared the public hearing for File CU 08-11 Anytime Fitness Conditional Use Permit 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 - Cyndi Berlier, 10983 W. Wild Iris Street, Star, said they are asking to open a fitness facility that will be open 24 hours to its members. The facility will include a classroom for the community as well as exercise equipment. Berlier introduced her husband, Nathan Berlier, and explained he has 15 years of experience installing security, and the facility will have state of the art security with members having card access. Christopherson noted that in the staff rep01i they are asking for two exterior signs. \ Berlier stated they wanted a sign on the building facing Star Road and one at the entry 5 of 8  door which is on the opposite side of the building. She pointed out that neither sign will be lit. The Mayor pointed out there were pictures of the proposed signs in the Council packets. Christopherson asked if the application of waiver needed to come at a different time or if it was a paii of this application. The Mayor stated he felt they are asking for approval tonight. Our ordinance did not have the forethought to address a situation like this. Berlier pointed out that Silverhawk Realty has two signs on their building. Shaw Taylor noted that Silverhawk Realty faces two roads, with each sign facing a road. Christopherson asked the applicant to explain the security for the facility. Mr. Berlier explained members will receive a key fob to gain entry and the doors will have anti- tailgate systems installed which will allow only one person to enter at a time. There will be security phones in the restrooms, panic buttons for members to wear, and cameras throughout the facility with two cameras being outside. Erlebach asked if they were aware of their competition and what would make them different from their competition. Berlier stated they are a paii of the community and live here. There isn't a place to meet and mingle with other adults, and they are incorporating a classroom for fun activities and to do some kids events. Their equipment is top of the line and they will have two tanning rooms and possibly a water massage room. Staff had nothing to add. Mayor Mitchell asked for Public Input. No public input was offered. ) The Mayor closed the public hearing and moved to deliberations. Christopherson stated he saw no problem approving this application. Christopherson moved to approve File CU 08-11 Conditional Use for Anytime Fitness with the three stated conditions of approval, McDaniel seconded the motion. Erlebach asked if they should add a condition allowing two signs and that they not be illuminated. Mayor Mitchell stated they are already a part of the application, so it is paii of the approval. All ayes: motion canied. New Business: Draft Fee Increases for Mechanical/Electrical/Plumbing - The Mayor explained the draft fee increase before them is from the mechanical, electrical, and plumbing inspectors. It would bring our fees to match the new state codes. The inspectors had gone through a lot of review of these fees and feel they are justified per code. The question before them is whether they would like this scheduled for public hearing, at which the inspectors could be available for questions. McDaniel noted it appeared they were changing from amps to a square foot base for the fees. The Mayor stated that was correct and explained it will balance the fee per size of the home. McDaniel recommended the fees should be scheduled for a public hearing. 6 of 8  Christopherson asked if the fees could be in a different format for the public hearing. Mayor Mitchell stated they could and he would have them scheduled for a public hearing. Ordinances & Resolutions: Ordinance No. 188 Covered Loads -The Mayor explained that at the Treasure Valley paitnership meeting Commissioner Woods asked the cities to ente1tain adopting a uniform covered load ordinance so there would be uniformity in enforcement. The ordinance is aimed at addressing life safety concerns as well as being motivated to clean up the roads and air quality; although they are aware there are concerns it may create additional costs to services. He noted this is a legislative ordinance so it does not require a public hearing for passage. McDaniel stated she felt the penalty should be a misdemeanor instead of an infraction. The Mayor explained the degree of injury would allow for an increase in the citation. Bell stated he would like to see this ordinance go to public hearing to allow for public comment. Erlebach noted this comes back to public funding as well as air quality concerns. Less dust in the air would allow for generating more revenue for our roads. Mayor Mitchell pointed out the Right to Farm Act will exempt farm vehicles from having , to comply with this ordinance. The Mayor will have Ordinance 188 scheduled for public hearing per Council's request. Resolution No. 2008-07 Communities In Motion - McDaniel moved to adopt Resolution No. 2008-07 Communities In Motion, a Resolution of the City of Star, Idaho adopting Communities in Motion, a community planning association guide for transportation and land use decisions in cooperation with local governments, and Ada and Canyon Counties, Christopherson seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell - all ayes: motion carries. Resolution No. 2008-08 2030 Functional Classification Map - Christopherson moved to adopt Resolution No. 2008-08 2030 Functional Classification Map, a Resolution of the City of Star, Idaho adopting the Community Planning Associations functional classification map as a guide for transpo1tation and land use decisions in cooperation with local governments, and Ada and Canyon Counties, Erlebach seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell - all ayes: motion carries. Reports: Council Christopherson reported he had attended the Economic Development Committee meeting and they had discussed a master plan and would like to ) meet with the Council to see what they would like to see in the plan. They 7 of8  also discussed the progress of the Palmer Natural Product Company locating ) in Star; and Christopherson noted the Committee has received inquiry surveys for economic development throughout the valley. - Erlebach reported he had met with the Park and Rec Committee and he encouraged everyone to get involved. He noted that Mule Days went off without a hitch, although he didn't feel it was as profitable as last year. Mayor - Mayor Mitchell gave an update on the modular homes going into Saddlebrook Subdivision. He has been in contact with Kevin Nielsen, HOA President, and Jan Rose, prope1ty manager, answering many of their questions. He asked anyone receiving questions regarding this situation, to direct them to him. Adjournment: Christopherson moved to adjourn the meeting, McDaniel seconded the motion. The meeting adjourned at 8:30 pm. Approved: Respectfully submitted: wlt Nathan Mitchell, Mayor Kathleen Hutton, Deputy Clerk 8 of 8