City Council Regular Meeting

Meeting Minutes March 17, 2009 A regular meeting of the Star City Council was held on March 17, 2009 at Star City Hall 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 all present. Approval of Agenda: Bell moved to approve the agenda, Christopherson seconded the motion. All ayes: motion carried. Consent Agenda: McDaniel moved to approve the Consent Agenda, Christopherson seconded the motion. The Consent Agenda consisted of: Approval of March 3, 2009 Regular Meeting Minutes, Roseland Subdivision Time Extension Request, Hope Ridge Subdivision Time Extension Request, 2010 Census Proclamation, Star Mercantile Beer/Wine License Renewal, El Mariachi Loco Restaurant Beer/Wine License. All ayes: motion carried. Public Input Presentations: Star Police Report: Chief Ramage reviewed the monthly report and noted nothing had changed from last month. They had taken a total of 13 criminal reports; citations were the same as last month and had two DUI arrests. Ramage asked about Mule Days and the parade route. Erlebach stated he understood the committee was still looking for a parade coordinator and the Mayor stated they would let him know as soon as the City had a name. Committee Reports: Gary Smith, 258 S. Langer Lake Way, Star, passed out and reviewed the written update regarding the committees for the Economic Development Committee. He noted the Mayor, John Tomkinson and Ray Stokes had met with the Highway Districts and they will be installing a flashing pedestrian light at Highway 44 and Main Street as well as making the four corners ADA compliant. Smith explained he had been photographing all the business signs in Star; they were looking to get them on the Boise Valley Prospector website as a step to promote businesses. Mayor Mitchell thanked John Tomkinson for his efforts for road improvements and informed everyone that the Highway District was looking to put asphalt curbing down Main Street to separate the walking path from the street. Public Input: Chris Stokes, 10166 Arrowleaf Court, Star, spoke regarding the Sunshine Week Webcast being broadcast at City Hall on Friday, March 20, 2009 at 11:00 am. It is being presented by the League of Women Voters and Idahoans for Open Government. She commended the City for extending the use of their meeting room and allowing them to work with the City’s IT man; and for the Council’s forward thinking in having web access in their meeting room. Mayor Mitchell reiterated the City’s philosophy of having 1 an open door policy, of the Council and staff being available to public for questions, making information available to the public. John Tomkinson, 2393 N. Sunny Lane, Star, stated he had concerns regarding stimulus money. He would like to recommend the Council and the Economic Development Committee think about some projects they would like, so if stimulus money is available the City would be ready to present some ideas. Mayor Mitchell stated they had made known the City’s priorities to the transportation Department for their consideration. Public Hearings: Coehlo/Cunningham Comprehensive Plan Amendment/Rezone: Mayor Mitchell reviewed the procedures for public hearings. The Mayor declared the public hearing for File CPA-RZ 09-01 for Coehlo/Cunningham Comprehensive Plan Amendment and Rezone 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 – Larry Coehlo, 1800 W. Wood Gulch, Eagle, stated he was there representing Gary and Martha Cunningham. The property has been vacant for several years and when the Cunningham’s purchased the property they had understood it was commercial property. Upon listing it to re-sell, it was discovered it was residential. They have decided that the highest and best use of the property would be commercial with offices. Following discussions with the City Planner, they were before the Council asking for a Comprehensive Map Amendment to multiple use with a rezone designation request to multiple use. They are proposing to construct a 12,000 square foot office building with parking. Christopherson asked Coehlo to share the comments from the neighborhood meeting they held. Coehlo stated the president of the Middle Creek Homeowners Association and a couple from across the street attended and their main concern was ambient lighting. Coehlo stated his client realized he would be back before the Council with any definite plans and was aware he would have to address any lighting concerns. Bell asked if the client was looking to keep the property and build or to sell. Coehlo noted his firm has the property listed to sell but the client is talking about building a building and leasing out office space. He stated he was not sure what direction they would go. Bell questioned the size of the parcel to which the Mayor explained it was 1.066 acres, 195 feet by 238 feet. Erlebach questioned if the Middle Creek Subdivision were willing to sell the strip of property they own next to this parcel. Coehlo stated the subdivision parcel has several easements on it, including a sewer easement and water well. In order for them to do anything with that parcel they would have to re-plat the Middle Creek Subdivision, and to lease the property it would require a super majority vote of the subdivision property owners. Erlebach asked if there was access to the subdivision parcel or if their access was through Coehlo’s clients’ property. Coehlo clarified they have a separate access. 2 Mayor Mitchell asked if they had considered C-1 or LO zoning. Coehlo stated they had discussed it with the City Planner and those zoning designations didn’t seem appropriate. Staff – City Planner, Mary Shaw Taylor, stated she had discussed the various zoning options with them and they had compared this parcel to the Cleaver property across the road. Mayor Mitchell asked for Public Input. John Tomkinson, 2393 N. Sunny Lane, Star, noted that one thing the City has is a comprehensive plan, and that that committee had decided that the best usage for this property was residential. He felt that rezoning to mixed use was not appropriate; they are asking for this rezone only to add value, but when you drive down Star Road you can see it is a residential area. Tomkinson pointed out that they are trying to create a commercial core in the downtown Star area. Rebuttal – Coehlo stated he could not speak to the intent of the comprehensive plan when it was created, but the fact was things change. He noted they had met the statutory requirements. He did not feel this was necessarily a residential area as the Ada County Highway District once proposed making Star Road five lanes and the Council granted the mansion across the street a mixed use designation and it is now offices. Erlebach asked if their only access was off Star Road. Coehlo stated it was, although they once had access off Elizabeth, property owners have encroached on the easement. Mayor Mitchell stated he had been looking at the schedule of uses for mixed use designation and had some concerns with some of the allowed uses being next to an elementary school; although he felt putting service uses closer to houses was a way to lessen traffic on the roads. He explained that if a permitted use wanted to go in then the developer would not have to come back before the Council, they only had to come before the Council if they wanted a non-allowed use. The Mayor encouraged the Council to review and possibly limit what would be allowed if they approved the application. He asked the applicant if he would be willing to table the application and sit down and work out a list of permitted uses. Coehlo stated he felt it was a reasonable request and felt his client would be willing to table the application and create a development agreement. The Mayor stated he felt they should be able to come back with a list they feel is appropriate, for the Council to review, for the second meeting in April. McDaniel asked for clarification as to whether something had changed, as the narrative dated December 10, 2008 stated it was the desire of the client to build a professional/medical office building. Coehlo replied that nothing had changed. They had discussed building an office building, but not certain uses. Mayor Mitchell declared the public hearing closed and moved to deliberations. 3 Christopherson moved to continue the Coehlo/Cunningham Comprehensive Plan Amendment/Rezone application to April 21, 2009 at 7:00 p.m. at City Hall with the condition applicant bring a development agreement with proposed approved uses for the property, McDaniel seconded the motion. All ayes: motion carried. Old/New Business: Star Chamber of Commerce Lease Agreement: Bell stated he was concerned that the current rent payment was not covering costs. He asked if this had been discussed with the Chamber. Mayor Mitchell explained that under the proposed lease the Chamber would be paying $75.00 for the building and per Section 3.2 would be required to pay for utilities. They are currently using all of the building except for the one room the City is using for storage. Erlebach asked if a wall could be put down the middle of the building, allowing them to lease out another office space. Mayor Mitchell stated they could look at that, but he was concerned with having an ADA entrance in back and usage of restroom. The Mayor stated he likes the idea the City is leasing to public entities, not private, and was concerned with mixing the two. Christopherson asked if the Chamber had looked at this agreement. The Mayor stated they had and they had no changes. Chris Stokes (from the audience) asked about rodent control – was the City or the Chamber responsible to take care of it? The City Attorney noted that is was covered under Section 8.02, if not the lessee than it was the lessor’s responsibility. Mayor Mitchell stated they were aware of the situation and pointed out there will be a day when they will have to decide what to do with the building. Bell stated he was good with the lease, and felt it was a service to the City. Bell moved to authorize the Mayor to sign the lease agreement with the conditions indicated, Christopherson seconded the motion. All ayes: motion carried. Roseland Park Development Agreement: Mayor Mitchell pointed out that the development world and economy has changed and Peterson Development is in negotiations with their bank and has asked to be tabled until negotiations are complete. McDaniel moved to table File #ADA 09-01 Roseland Subdivision Amended Development Agreement to April 21, 2009 at 7:00 p.m. at City Hall, Christopherson seconded the motion. All ayes: motion carried. Reports: Council - McDaniel reported she had attended the Impact Fee Committee meeting and they had come up with some recommendations to present to the Council. 4 Mayor – Mayor Mitchell noted to the City Attorney that he would like special assessments on certain properties done as they are going to foreclosure. He pointed out that there are 715 approved lots currently in the City. Based on permits issued last year this would equal almost 35 years of building. The City is looking at preliminary plats expiring and being redone under the new codes. Many of the properties were going back to farming, which he considered a good deal. There have been letters going back and forth regarding the tire store on Star Road illegally doing business. For the public benefit the Council held a two day workshop in Cascade and worked through the new codes, which they hope to have out in several months. The cost of the workshop was roughly $1,200.00. He let the audience know the ESTech Corridor Committee was meeting at City Hall this coming Friday and encourage anyone to attend. The City, Canyon Highway District, and Star Fire District have participated in a fiscal impact study for which the proposed fees will need to be published before being enacted. John Tomkinson noted he was glad to see the City had streamlined their processes. Randy Thomson asked what had happened regarding the “Welcome to Star” signs. Mayor Mitchell stated they had been put on a back burner due to costs and the acquisition of land. Gary Smith noted they were being rolled into the master plan. Adjournment: Christopherson moved to adjourn the meeting, Erlebach seconded the motion. The meeting adjourned at 8:30 pm. Approved: Respectfully submitted: ________________________ Nathan Mitchell, Mayor __________________________ Kathleen Hutton, Deputy Clerk 5