City Council Regular Meeting

City of Star Meeting Minutes July 7, 2009 The regular meeting of the Star City Council was held on July 7, 2009 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 Mitchell was absent. Approval of the Agenda: Christopherson moved to approve the agenda, McDaniel seconded the motion. All aye: motion carried. Consent Agenda: McDaniel moved to approve the Consent Agenda consisting of Claims Against the City for June 2009, Regular Meeting Minutes of June 16, 2009 and a Time Extension Request for Colt Place Subdivision. Erlebach seconded the motion. All aye: motion carried. Presentations/Public Input: Police Report – Chief Ramage – Chief Ramage introduced Deputy Robert Trejo as the new Deputy taking Zack Walls place. Deputy Trejo stated that he had been in law enforcement for four years. He has worked in the jail and been on patrol. The Council welcomed Deputy Trejo to Star. Chief Ramage reviewed the 2009-2010 Law Enforcement Budget. He stated that Star has the lowest crime rate in Ada County by seven percent. Council President Bell asked if the budget included new vehicles. Chief Ramage stated that we would be rotating out two vehicles this year. Bell asked why the difference in the costs as compared to last year. Captain Folwell stated that they cut more operational costs this year. Erlebach asked how the fourth of July went with regard to fireworks. Sergeant Harris stated that there was only one complaint about fireworks. Harris stated that it is very hard for law enforcement to prohibit the aerial fireworks when the State allows for it. Harris stated that the fireworks stopped at about 11:45 pm. Appreciation Presentation – Council President asked Zack Harris, Star Boy Scout, to stand and be recognized for his outstanding work on the River Walk project. Harris has been working very hard on the River Walk project for his Eagle Scout project. The City and Committee members appreciate Zack’s hard work. Christopherson stated that he has seen many Eagle Scout projects and Zack has an excellent project and thanked Harris for his effort. Committee Reports - No reports were given. Boise Trails Coalition – John Caywood, the Ada County Open Space Coordinator talked about the Boise River Trail Plan and that Star is off to a good start with the River Walk project. Caywood asked the Council to approve and have Mayor Mitchell sign a resolution supporting the Boise River Trails Plan. Planning & Zoning Administrator, Mary Shaw Taylor, stated that in the hand out given to the Council, each City has its own statement regarding the river. She asked if the Council was okay with this statement. It was the consensus of the Council that the statement was acceptable. Star River Paths – each jurisdiction has their own statement. The resolution will be on the August agenda for approval. Public Input - Jeremy Bingham, 767 E. 1200 N, Shelly, Idaho – stated that he owns a small sno- shack and wanted to locate it on the church property off Star Road. He later found out that the church property is zoned Residential and that the sno-shack is not an allowed use. Bingham does not want to violate any ordinances and came to the Council looking for input. Bingham wants to know if there is something the Council can do. Taylor stated that the property in question went through a conditional use permit process in 2002 to operate as a church and associated activities. Bingham made application and the church supported it. Taylor’s interpretation of this application is that it was a food stand and or retail stand, and neither is accepted in residential zones. Taylor stated that they want to be in a residential area; she suggested they look for an enclave in the county for this type of sno-shack. There are other zones that allow this type of operation. Christopherson stated that he believed that we recently modified the Zoning Ordinance to allow these types of temporary uses. Taylor stated that we have not changed this use, it will be in the new unified code. The fireworks stand required a conditional use permit and a rezone. Bell stated that we don’t have a way to allow this in a residential district, but we could suggest other areas where it might be located. Public Hearings: Sundance LLC – Annexation and Zoning - Council President Bell explained that this application was a continued public hearing and reviewed the public hearing process. Bell asked Council if they had any conflicts of interest or ex parte contact, hearing none, Bell opened the public hearing. Bell asked the applicant to speak. Becky McKay, Engineering Solutions, 1029 N. Rosario, Eagle, Idaho – McKay stated that at the hearing on December 2, 2008, the Council had questions and concerns regarding the Highway 16 project. Her clients were asked to provide a draft development agreement to protect that corridor, which they have done. Another concern was the City did not have legal counsel and felt it wouldn’t be prudent to make a decision at that time, and it would give the Idaho Transportation Department (ITD) time to hold its public hearings to narrow their choices down. The meeting was then deferred from January to February as the ITD hearing was not complete. There has been a new development in that ITD has submitted an offer to Mr. Laraway and Mr. Anderson (the property owners) and a complete appraisal report has been done. The property owners have reviewed it and the assumptions have been sent to ITD. At this time McKay does not know if ITD has provided answers. An alternative value has been made. The access will be a type five, which will be an access like interchanges on freeways. It will be an expressway according to ITD. The draft development agreement is in the packet. One key protection for the property owner’s is the construction of wetlands. There is wording for no activities to occur for a period of two years in the corridor. There is a provision for the application to apply for a subdivision, future uses and zoning. It is a concept plan only. McKay is hesitant to use the legal description for ITD right-of-way. The land uses are from the Zoning Ordinance; the only item out of the ordinary is the wetland bank. McKay sees this as a starting point. Taylor met with ITD and a representative of property owners and ITD’s main concern is that nothing happen in the corridor. The environmental impact study shows six alternatives and there is no significant change in the corridor and they do have a preferable route. McKay stated that the property owners have allowed six months for ITD to come up with a plan. McKay believes that this annexation should be approved. McKay discussed some condemnation cases she has worked on including three new ones; the properties are always valued by the highest and best uses. McKay talked about property that does not develop naturally. Her clients are just asking for annexation, they want to be a part of the City of Star. The map reflects mixed use, estate residential, Neighborhood Business District and limited office zoning designations. McKay showed Council the latest drawing of the corridor, ITD wants some backage roads as well. They have presented this to Ada County Highway District and they have not endorsed the backage roads as of yet. McKay hopes the Council is more comfortable with the decision. Council – Christopherson stated the staff report shows two different maps and he cannot tell what property is what. McKay stated that it is the map with property on both sides of the river and the development agreement covers the entire property. Christopherson asked if the property can be serviced and how can you get the services to it. McKay stated that the property north of the river has services to it through Heron River and south of the river has no services yet. Bell stated that at this point there is no legal reason for the property to have services and that this is an annexation and zoning hearing. Erlebach asked about a stop light on the expressway. McKay stated that there will be an interim signal at 44 and sixteen and then at two mile intervals. The signal that shows on the map was to the benefit the property – ITD is not looking at that site for the signal. McDaniel asked if ITD is aware of the two year clause. McKay stated, ITD has not commented on the two year clause, but ITD may buy right-of-ways ahead of time. They cannot condemn property until the EIS study can be done. Erlebach is concerned about the condition of the gravel pit. Legal Counsel, Cliff Brown stated that we need to rework these conditions. Taylor stated that this development agreement is only a draft. It needs to include all property owners, we need to add another land use and look at the permitted uses. The gravel pit is permitted in the County RUT zone with a conditional use permit. If the development agreement can be worded to where both the applicant and City are agreeable, the City can conditionally approve the annexation. One of the conditions can be the approval of the development agreement by both parties. Christopherson asked about the zoning designation of R-2 – the Comp Plan says medium to high density. Bell stated that is a maximum amount, if they want to go less they can. McKay stated the thought was that down by the river they would be estate lots. Taylor has communicated with ITD requesting more information. She asked about access and ITD stated that it was irrelevant at this point. ITD has given Taylor a legal description of the property. Public - Nathan Berlier, 10983 W. Wild Iris, Star, Idaho, asked what does condemning mean? Legal Counsel, Cliff Brown stated that basically is a right to take property. Bell closed the public hearing and moved to deliberations. Erlebach asked about the Development Agreement. Brown stated that it is too early for the DA and it can be conditionally approval. McDaniel stated that based on what they heard at the first public hearing this DA has a lot of flaws and may not be a good basis to start with. She believes there is good cause to go ahead and annex the property into the City. She is in favor of annexation the properties and the DA be part of the conditions. Bell stated the applicant has been more than willing to give ITD more time than they asked for and they still don’t have the answers – there has been a lot of progress made. The Council made it clear to ITD that they wanted to protect them and the property owners at the first meeting. The applicants have given ITD seven months instead of two and a half; that is plenty of time. The applicants are willing to negotiate with ITD for this corridor. Bell believes Council needs to act on this. We need to condition the DA as consensus. The zoning is a great idea and great for an expressway. Christopherson stated that he is in favor of the annexation, but not in favor of the zoning due to so much limited office, he wants more residential and it be a lot higher in residential area. Erlebach believes this will be an asset to the City of Star. We do have to modify the DA. Erlebach moved to approve File #09-01, the annexation of the Sundance LLC. application with modification of the DA and approve the zoning, McDaniel seconded the motion. The condition on the DA should be that it is satisfactory to the City and applicant. McDaniel, Erlebach, Bell - all aye, Christopherson – nay. Motion carried. F&S Construction – Annexation and Zoning – Bell explained the application and that this public hearing had been continued due to the connectivity of the property. Bell asked Council for any conflicts of interest or ex parte contact, hearing none, Bell opened the public hearing and asked the applicant to speak. John Wood, 3390 Flint Drive, Eagle, Idaho, stated that he received a call that the application would be on the agenda tonight. Mr. Wood and property owner Chuck Schlekeway want to be annexed into the City of Star. Wood stated the State has $2.8 million to purchase the property accesses. The properties are contiguous to the Sundance property, previously heard. Mr. Schlekeway owns 6.7 acres along with Mr. Wood’s 20.5 acres and their goal is to annex into the City. Wood stated that ITD said they would be done in 2010, so they would like to be annexed into the City and would meet all the city requirements. Woods worked on getting the right-of- way for ITD where the Eagle music school is located. He does not have a plan for the property right now. ITD will take four or five acres of his property and they have gotten the highest and best price for the property. Council - McDaniel stated that they asking for annexation and zoning of the area, do they have any idea for the mixed use section yet? Wood stated that ITD has several routes and they don’t know which they will take yet. Christopherson asked which parcel is the 5.7 acres. Wood showed Council on a map which property was the 5.7 acres and which was the 20.5 acre parcel. Public - No public input was given. Bell closed the public hearing and moved to deliberations. Christopherson stated that he does not have a problem with this application and it fits with the Comp Plan and zoning designations fit in with the intended surrounding uses. He is in favor of this application. McDaniel is in favor of this application and believes the zoning fits well. Erlebach has no problem with the application. Christopherson moved to approve File #09-02, F&S Construction property annexation and zoning. McDaniel seconded the motion. All aye: motion carried. Colberg Property Annexation and Zoning – Bell asked if there was anyone to represent this application. No one appeared to represent this application. Christopherson moved to deny the annexation and zoning application for File #09-03, the Colberg annexation and zoning, Erlebach seconded the motion. Christopherson stated he did not believe the applicant would meet the conditions of the Zoning Ordinance as stated in the previous meeting. Taylor spoke with Mr. Colberg on Friday, he stated they were going to seek additional information from the engineer and they were prepared to be here. They had not spoken to the engineer as of today. Motion – All aye: motion carried. Old/New Business: Turn Bay at State Highway 44 & Plummer Road – John Tomkinson was not in attendance to report on any new information. Bruce Mills, ACHD, stated that ACHD is willing to be a part of this. Approval of 2007-2008 Audit Report – McDaniel moved to approve the 2008 Audit Report, Christopherson seconded the motion. All aye: motion carried. Resolution 2009-04 Agreement for Services with Sage Community Resources - McDaniel moved to approve Resolution 2009-04, a Resolution of the City of Star, Ada and Canyon Counties, Idaho approving and adopting the professional services contract between the City of Star and Sage Community Resources DBA IDA-ORE Planning and Development Association, to provide the services of developing a downtown master plan for the City of Star; authorizing the Mayor to execute such approval on behalf of the City; and providing an effective date, Erlebach seconded the motion. All aye: motion carried. Reports: No reports were given. Adjournment: Christopherson moved to adjourn the meeting, Erlebach seconded the motion. All aye: motion carried. The meeting was adjourned at 9:45 pm. Respectfully submitted: Approved: _____________________ ______________________ Cathy Ward, City Clerk Chad Bell, Council President