City Council Regular Meeting

Star City Council Meeting Minutes May 19, 2009 Pre-Council Meeting – 6:30 pm Central Business District Standards Workshop - Mary Shaw Taylor stated that she had spoken with Councilwoman McDaniel regarding the information on the Central Business District. McDaniel felt it was just the right amount of restrictions and what we needed for the CBD. Erlebach asked if we would regulate inside lighting. Mayor Mitchell stated that it was regulated by the Electrical Code. Ray Stokes showed the Council a grid of the Central Business District. He stated that all the agencies that the Economic Development Committee requests grants from ask to see the City’s grid. Shaw Taylor stated the grid could be adopted as an overlay to the Master Plan. Christopherson stated that he would like to see building consistency in the CBD. Shaw Taylor asked Council if they wanted design review on all CBD applications. The other issue is that this document assumes that we have water for irrigation. The Council discussed the need for a sunset clause. Discussion was held on water rights and the possibilities. There is no sunset clause, but it can be put in the unified code. Discussion was held on all applications coming before the Council. The Mayor stated that there were two basic decision making tools – one at staff level and the other is Council. It was decided that the information presented was what the Council wanted. The decision on applications coming before the Council will be decided at a later date. Regular Council Meeting: The regular meeting of the Star City Council was held on May 19, 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: Councilpersons Dustin Christopherson, Tom Erlebach and Chad Bell were all present. Councilwoman Tammy McDaniels was absent. Approval of the Agenda: Christopherson moved to approve the agenda, Erlebach seconded the motion. All aye: motion carried. Page 1 of 7 Consent Agenda: Bell moved to approve the Consent Agenda, Christopherson seconded the motion. Discussion: Christopherson asked that the Special Meeting Minutes reflect that the meeting was over at 8:35 pm and not 8:35 am. All aye: motion carried. The Consent Agenda consisted of: Regular Meeting Minutes of April 21, 2009, Special Meeting Minutes of May 5, 2009, Claims Against the City for April 2009 and Findings of Fact and Conclusions of Law for Coehlo-Cunningham CPA/Rezone. Presentations/Public Input: Police Report – Chief Ramage – Chief Ramage reviewed the April Police Report. The number one problem in April were dog calls. Traffic stops were down. Bicycle patrols have started again. We are losing an officer and will be having a new officer to replace him. Committee Reports - Gary Smith, 258 S. Langer Lake Way, (EDC Chair) reported that we will know the outcome of the Gem Grant on June 1. We have applied for a USDA Grant for $12,000. The Women’s Foundation gave The Land Trust $20,000 for the Star River Walk. Smith asked all to attend the open house tomorrow for the River Walk. There will be an EDC Business Social in June possibly the 24th. Public Input - No public input was given. Public Hearing: Roseland Park Development Agreement – The Mayor reviewed the application and stated that this was a continuing public hearing. The Mayor asked Council if they had any conflicts of interest or ex parte contact; hearing none the Mayor opened the public hearing. Warren Kirk, Peterson Development, stated they are a willing developer and want to work with the City. Kirk stated that the original development agreement is in place; with this one he believes the City’s best interest is protected. They have cleaned up the agreement. The changes boil down to finalizing the fence regarding wrought iron/vinyl and the second is a trigger for the park development. Kirk stated that should the Council and the developer not be able to come to consensus, they would withdraw this amended development agreement and just go with the first one. The first change is triggered as construction of phase one begins. The paragraph is 3.1.4.1 the vinyl fence. Kirk wants to come to a decision on the fence. Vandalism and soil erosion cause the vinyl fence to come down. Christopherson stated that the middle part of section 3.1.4, the second paragraph starting with “one or both are met” he believes the wording is wrong. The Mayor stated that you could strike developers and insert owners “as described”. Christopherson asked if we aren’t saying the same thing in 3.1.5.3. The Mayor stated that 3.1.5.3 defines reimbursement. Erlebach asked if the developer was going to make 3.1.4 public, so buyers know that the park won’t be fully installed up front. Kirk stated that it is public information. Page 2 of 7 The Mayor stated that we have collected enough park impact fees to reimburse the developer now. The Mayor discussed how the impact fees will work. The Mayor stated that this agreement says the vinyl fence stays if this is signed. Erlebach wants the wrought iron fence. Bell stated that he is not a fan of the vinyl fence and it is not something he wants to live with. Christopherson doesn’t care and believes the development agreement as it stands should be approved. The Mayor asked if the dislike of the vinyl fence was from a security or esthetics point. Erlebach stated that from a safety point we’ve created a corridor with no out. Bell stated that the fence is on that corridor and the City is paying for it. There are maintenance problems number one, wrought iron will last longer. Bell stated the Council was not consulted about the decision on the fence. He is willing to leave the fence, but not pay for it. The Mayor stated that we have Blake Haven Park with a vinyl fence and City Hall has a cedar fence, we’ve never had a problem with vinyl before. Kirk stated that he thinks that the original agreement was a vinyl fence. He believes he is being made an example of. They will have lack of residents due to lack of a backyard fence. The vinyl fence is sterile, but other fence products have problems as well. It is there and will remain there and the reality is it will be there for at least five years. The developer is giving up seven and a half feet of property and he won’t sell property. Kirk wants it to stay. Erlebach stated that Kirk is making an example of the Council – you were to come to us for approval of the fence before it was put up. Erlebach stated that he works on other subdivisions and they have wrought iron fences and they enjoy it. We are going to have to maintain the vinyl fence. Homeowners can look through a wrought iron fence to the trail. Christopherson stated that it is clear that Erlebach and Bell would like a wrought iron fence; Christopherson wants vinyl. The Mayor stated that they need to refocus on the application. There were no staff comments. The Mayor closed the public hearing. Christopherson asked if the fence a sticking point or does the whole agreement go away if we don’t agree. The Mayor stated that we have a development agreement in place, which says we immediately install a park; the fence could be changed. If we don’t agree with this development agreement Page 3 of 7 we build the park immediately. If we do approve the changed development agreement then we move into a different timeframe for park development. Bell stated that he feels like we’re being held hostage with this fence or we have to go back to the other agreement and have to put in a park immediately. The Mayor stated that is what a negotiation is, and where we are. Bell stated so we take it the way it is or fall back on the original agreement whether we want it or not. The Mayor discussed the requirements of the development of the park. The Mayor doesn’t get to vote, but if he did - he is not as passionate on the fence decision. Kirk stated that he never wanted to back the Council into a corner. The idea is to negotiate through this, they as developers came to the City because it made more sense on the timeframe. Kirk stated that when the Council can’t see the fence as the development grows – it will seem insignificant. Look twenty years from now. Erlebach asked how many lots back up to the fence. Kirk stated about twenty. Erlebach asked if they would put 10% of the fence in wrought iron. Kirk would like to work that out. The entire length is 1348 feet of fence. Kirk stated that there are 16 houses. Bell stated that he feels like we are backed into a corner and we have learned a lesson. He would rather see this amended agreement than the original agreement. Bell is willing to accept this document, but won’t feel good about it. The City is paying for something we didn’t have any say in. The vinyl fence was not approved. The Mayor stated that we can leave the fence and let the homeowners pay for it. Kirk wants to go with Erlebach’s suggestion of a percentage of wrought iron. He stated that we could try it on a trial basis. The Mayor stated that the Council needs to agree to the agreement or send an offer back to the developer. Christopherson wants to maintain maintenance of the fence and he wants it to be vinyl. He does not want to go back to the original agreement. Kirk stated that he is willing to work with the Council and likes Erlebach’s idea. Bell asked when the City would take over ownership. The Mayor stated that ownership will be when they do final plat for phase one – or at the issuance of the twenty-seventh building permit. Christopherson moved to approve the first amended and restated development agreement for the Roseland’s Subdivision, Bell seconded the motion. Bell believes it is in the City’s best interest and hopes it holds true. Christopherson – aye, Erlebach – nay, Bell – aye: motion carried. Old/New Business: Page 4 of 7 Trailer length discussion – The Mayor stated that our current ordinance states that trailers up to twenty-two feet can be parked. Richard Tinsley, 10459 W. Achillea, Starlight Meadows Subdivision, stated that there is a tenant in Starlight that has a large trailer and long truck. He is not asking for preferential treatment. Tinsley gets several complaints and he calls the Ada County Sheriff’s office. Chief Ramage stated that he understands Tinsley’s problems. He doesn’t know how the length of trailers came into being. Ramage stated that the law is not black and white. The Police are not going to cite citizens all the time. Tinsley would like to have the length changed to sixteen feet. The covenants for Starlight Meadows are more restrictive than the City’s ordinance, but it is easier to contact the Police Department to enforce the law. Ramage explained that covenants are no laws. Discussion was held on covenants. The Mayor asked if Council wanted to change the length of trailers in the ordinance. Christopherson stated that he doesn’t believe we need to change it. Erlebach would like the trailer length to be twenty foot and move it every 24 hours. Bell asked how do you come up with trailer lengths, it’s hard to answer if someone doesn’t comply they won’t comply. The consensus was that the trailer length would not change. Ordinances & Resolutions: Ordinance No. 196 Idaho Power Franchise Agreement – 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. 196 be considered after reading once by title only, Bell seconded the motion. Roll Call: Christopherson, Erlebach, Bell – all aye: motion carried. Ordinance No. 196 Idaho Power Franchise Agreement – Christopherson moved to approve Ordinance No. 196, an Ordinance in accordance with Idaho Code 50-328, 50-329 and 50-329A granting a franchise to Idaho Power Company, a corporation, and to its successors and assigns, to construct, maintain and operate in and upon the present and future streets, highways and other public places within the corporate limits of the City of Star, Idaho, electric utility property and facilities for supplying electricity and electric service to the City, the inhabitants thereof, and others for a term of 35 years, including the nonexclusive right to physically locate and maintain telephone, cable, fiber optics or other communications facilities; setting forth an agreement not to compete, reserving power of eminent domain; providing for the payment of franchise fees; Page 5 of 7 and specifying other limitations, terms and conditions governing the exercise of said franchise, Bell seconded the motion. Roll Call – all aye: motion carried. Ordinance No. 199 Pedestrian Crossing – 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. 199 be considered after reading once by title only, Bell seconded the motion. Roll Call: Christopherson, Erlebach, Bell – all aye: motion carried. Ordinance No. 199 Pedestrian Crossing - Bell moved to approve Ordinance No. 199, an Ordinance of the City of Star, Idaho adopting pedestrians’ right-of-way in crosswalks, providing for penalties; and providing for an effective date, Christopherson seconded the motion. Roll Call – all aye: motion carried. Ordinance No. 200 Coehlo/Cunningham 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. 200 be considered after reading once by title only, Erlebach seconded the motion. Roll Call: Christopherson, Erlebach, Bell – all aye: motion carried. Ordinance No. 200 Coehlo Rezone - Erlebach moved to approve Ordinance No. 200, an Ordinance of the City of Star, Idaho rezoning certain real property located in the City of Star, commonly described as 594 N. Star Road, a residential (R-4) classification to a multiple use zoning designation with a development agreement (MU-DA); amending the zoning map of the City of Star to reflect such changes; and providing for an effective date, Bell seconded the motion. Roll Call – all aye: motion carried. Ordinance No. 201 Kuenzli Rezone/Settlement Agreement – 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. 201 be considered after reading once by title only, Bell seconded the motion. Roll Call: Christopherson, Erlebach, Bell – all aye: motion carried. Ordinance No. 201 Kuenzli Rezone - Bell moved to approve Ordinance No. 201, an Ordinance of the City of Star, Idaho rezoning certain real property located in the City of Star, commonly described as 189 and 201 S. Star Road, a residential (R-8) and Central Business District (CBD) classification to a neighborhood business district with a settlement agreement (C-1/SA); amending the zoning map of the City of Star to reflect such changes; and providing an effective date, Erlebach seconded the motion. Christopherson stated that he is opposed, he believes that we need to hold a public hearing and does not agree with the rezoning of the property. Roll Call: Christopherson – nay; Erlebach and Bell – aye – motion carried. Reports: Staff – Shaw Taylor stated that letters are going out for code enforcement violations. The City is having signage problems along Star Road and State Street. The State Tax Commission is saying there is a discrepancy in a legal description as it does not include Highway 44. Page 6 of 7 Council – Christopherson stated that he attended the EDC meeting. Erlebach thanked the Mayor for finding someone to mow lawns. Mayor – Stated that he will be hosting a meeting June 3 regarding property along 16 – he wants to put together a general land plan. He will be coming before the Council for discussion on a request for property. Christopherson stated that the EDC has requested a meeting with the Council and EDC. Gary Smith stated they would like to wait until the Gem Grant decision before having a meeting. The Mayor suggested a mid June work session. Christopherson stated that the EDC would also be coming before the Council for money for a deceleration lane at Plummer Road. Adjournment: Christopherson moved to adjourn the meeting, Erlebach seconded the motion. All aye: motion carried. The meeting was adjourned at 9:10 pm. Respectfully submitted: Approved: ________________________ __________________________ Cathy Ward, City Clerk Nathan Mitchell, Mayor Page 7 of 7