City Council Regular Meeting

Star City Council Meeting Minutes December 15, 2015 The regular meeting of the Star City Council was held at the Life Springs Church, 174 N. Star Road, Star, Idaho. Mayor Nathan Mitchell called the meeting to order at 7:00 pm and all stood for Pledge of Allegiance. Roll Call: Councilmen Chad Bell, Tom Erlebach, Richard Lockett and David Hershey were all present. Approval of the Agenda: Erlebach moved to approve the agenda, Bell seconded the motion. All ayes: motion carried. Consent Agenda: Bell moved to approve the Consent Agenda consisting of: Regular Meeting Minutes for December 1, 2015, Proclamation for William S. Kirtley, Proclamation for 2015 Volunteers of the Year and a $10,000 Request for Fireworks, Lockett seconded the motion. All ayes: motion carried. Presentations/Public Input: Proclamation for 2015 Volunteers of the Year – The Mayor gave a presentation to the 2015 Volunteers of the Year and read the Proclamation. The 2015 Volunteers of the Year are Theresa Tinsley and Terri Christoffersen. Public Input: The Mayor asked for public input not related to the public hearings. Marcy Reynolds – wanted to speak regarding the Multi-Family apartment public hearing. Eric Battey, 2420 N. Munger Road, Star, thanked the Mayor, Erlebach and Bell for their jobs as Council and Mayor. They have done an outstanding job and over the top job on parks and rec. David Ingersoll – wanted to speak at public hearing. Margaret Davies – wanted to speak at the public hearing. Gerard Cattin, 12097 W Caribee Inlet Drive, Star, thanked the Council and Mayor for taking the time to listen to the public; that quality is rare in a Mayor. Pam Leverett – wanted to speak at the public hearing. Old/New Business: Skate Park Bid Review – The Mayor stated that the bid packet is ready to go out for bid on the skate park. The only item that has changed since the original discussion is the inclusion of the drainage. The Mayor is looking for guidance and direction. Erlebach stated that the only change from the other plans is the drainage, we have to put in a grease trap. 1 Hershey asked if these are the documents to go out to bid. The Mayor stated that they are. The Ada County Highway District license agreement is the final document to go out. A set of construction drawings will go out to bid. The Mayor reviewed the bid process. Bell asked if the documents reflect any donations. The Mayor stated that Councilman Erlebach has been working hard to get donations and we will find out if the Contractor will work with the donations. We’ve had 100 yards of concrete donated. Bell just wants to make sure the donations are credited in the agreement. Bell moved to approve the bid documents for the Skate Park, Erlebach seconded the motion. All ayes: motion carried. Boat Ramp Plan Review – Doug Russell, The Land Group, 462 E. Shore Drive, Eagle, gave an update and asked Council for what direction they wanted to go. The have finished the survey and had preliminary meetings with the Corp of Engineers; they didn’t see any obstacles. There are three options before Council, one and two are similar; the preferred option is one. They feel it is the best. The biggest difference between them is access; three would require coming in directly, it will cross another property owner’s property. The ramp is similar to what the Forest Service uses. Once they get the Corps blessing then they can go to bid. Option one and two are similar, one is an angle to the river and better ramp angle. Option one and two are same access, option three is contrary to the river. The boat ramp is independently poured, a significant portion will be under water, about 10 to 15%; this is not an ADA ramp. No other designs have been considered. Erlebach would like to see the ramp be multi use – people to sit on, maybe fish off of as well as a boat launch. Discussion was held regarding a stair dropdown to the river, the current plan calls for one boat to be launched at a time. The ramp is 16 feet wide. Russell stated they need to be careful with the amount of fill they put in the river. The ramp is wide enough so that a person with a pickup truck could walk around it. Bell likes option one. The Canyon County Irrigation District owns the property to the west. The City’s property line is on the other side of the pond. The loop road starts on the Canyon County Irrigation District’s property and then goes to the City property. Russell stated the plan is not final and he can play with the options and get it back to the Council. Audience member asked if we had talked with local emergency providers and have they reviewed the plans. The Mayor stated that once we have a plan we will route the plans to sister agencies. Bell moved to approve concept number one with exploring the options of steps, Erlebach seconded the motion. All ayes: motion carried. Public Hearing - Star Middle School Conditional Use Permit (continued) – The Mayor recapped the previous meeting. The application was heard at the last meeting; it was tabled because Council did not receive the ACHD staff report. That was the last concern. The Mayor reviewed the procedures for the public hearing. Scott Henson, LCA Architects, 1221 Shoreline Lane, Boise, stated that concerns were focused on Pollard Road, traffic and improvements. The ACHD report was not in front of you then. Ada County Highway District did approve the school and their recommendations are that there is no widening of the road. They did indicate that there was some concerns about the safety along the east side of Pollard Road. They would like to work with emergency services on that. Henson brought the traffic engineer with him tonight. Henson is still good with the recommendations that were presented. They agree to the level 2 that ACHD has provided. The Master Street Map was amended showing future right-of-way improvements to Pollard on the west side. Erlebach asked if they looked at putting up a guard rail. Henson stated ACHD wants to work with the service providers. The Mayor can’t speak for the Council but his primary concern is the safety regarding the east side of the road. Our planning documents and staff reports move that to the west. Council – Bell felt this doesn’t make sense to put 1,100 children next to the drain and he can’t okay this. He is all about schools and education, but doesn’t understand how we can put kids on a road with that drain. He would like to request the school board take a field trip and look at the road and then if they want to sign off on it he is willing. He is not willing to say that it is okay after someone is dead. He understands that ACHD is saying that it’s okay. He would like to see the school and highway district go look at the area around the school. He doesn’t understand why it can’t be done. He understands that there will be a light at Beacon Light and improvements, he doesn’t think that is enough. The Mayor asked what is enough, do you have an idea. Bell stated the ditch is eroding, there is no shoulder. The safety issues need to be addressed with maybe a guard rail or maybe a turn lane with more pavement. Erlebach agrees with Bell, he would like to see non breakaway guard rail along the distance of the canal. All it will take is a bus driver to swerve and it will be in the ditch. It would be wise for the school district to spend $150,000 to put the guard rail up – it’s cheaper than a law suit. Henson stated the suggestions are really a requirement to the school district to do something to land that is owned by another property owner. The Mayor stated that ACHD will not disagree to improvements to their right-of-way. Henson stated there is not enough right-of-way currently without purchasing property. He doesn’t know if they could put guard rail in all along the road. Erlebach doesn’t understand why they can’t do it. ACHD has stated that if the City wants this done they will do the work themselves. It is within the ACHD’s budget if the City requests it. The Army Corp of Engineers owns the canal. The Mayor stated the Army Corp’s permission is required to move the canal as it is a natural drain. None of the flood districts have any jurisdiction to do anything with the canal. The Mayor doesn’t know the cost of a guard rail running along all of Pollard Road. Erlebach is not saying the entire length, but a large percentage. Discussion was held on the direction of traffic. The Mayor stated that if we are worried about a bus running off the road, there are several other areas in the County that run the same way. That’s why the traffic study is the way it is. The Mayor is not opposed to any safety features, but trying to figure out the difference in what other busses currently drive on. Lockett stated that he believes Councilman Bell would like to have the school, the highway district and the Council meet at the site and discuss it. The Mayor asked Legal Counsel if this could be done. Yorgason stated that it would have to be a noticed meeting and leave the hearing open. Bell can’t imagine the district and the school would be okay with this. If he was on the board he would want to know what he was putting his stamp of approval on. Hershey stated that when he sees proposals like this he is concerned when they say may; we need to see shall. Need to revisit and sharpen up on the safety issues. He would like all to see the site. If there is a safety issue then let’s address it. The Mayor asked if Council has any further concerns. Hearing none, the Mayor asked if there was an additions from staff. Staff – No further additions were given. 3 John Joseph, 1134 W. Meadow River, Star, stated he agrees with Council regarding the safety issue. He doesn’t know how far out the bus route goes out. There needs to be some sort of safety measures. David Baumann, 232 Langer Lake Way, Star, asked if the Ada County Fire District has made comment. The Mayor stated that the Star Fire Protection District has made comment along with plan review. Baumann stated that the safety also applies to the Fire District as well; with no turn lane it would be impossible to get through. He thinks Council is doing the right thing. The Mayor stated that we don’t have a date specific, or whom the Council wants to attend the meeting. Yorgason stated that we could continue it to the next meeting and set up the meeting. Yorgason stated that if you close the public hearing, you will have to re-notice and that’s assuming you can get a meeting scheduled. Choices are meeting notice of 20 days or continue it to the next meeting because notice has been given. Bell moved to table the public hearing until the January 5, 2016 meeting so a joint meeting with ACHD and school district can meet at the school site, Lockett seconded the motion. All ayes: motion carried. Public Hearing – Ordinance No. 253 Flood Plain Ordinance Amendment – The Mayor reviewed the Flood Plain Ordinance Amendment. The Mayor stated that this results from a change the City made to the Flood Ordinance. Previously code would not allow a property owner to rebuild in the flood way. The City changed the ordinance allowing a house to be built in the same footprint; FEMA did not like the way we wrote it, so this ordinance clarifies for FEMA so property owners can still have flood insurance and they can rebuild their home on the same footprint. One of the big conflicts we had was that they need to build to FEMA requirements and that is the biggest clarification we are making. The Mayor declared the public hearing open for Ordinance No. 253, Flood Plain Ordinance Amendment. The Mayor asked Council if they had questions of staff. Erlebach asked if there are levels that show the elevations. The Mayor stated that a professional determines the level. Every land surveyor can come up with a different elevation. Staff – had nothing to add. Public Input - No one signed up to testify. The Mayor closed the public hearing. Bell moved that pursuant to Idaho Code Section 50-901 the rule requiring an Ordinance to be read on three separate occasions, be dispensed with and that Ordinance No. 253 be considered and be read once by title only, Erlebach seconded the motion. Roll Call: Hershey – aye; Lockett – aye; Erlebach – aye; Bell – aye: motion carried. Bell moved to approve Ordinance No. 235, an Ordinance of the City of Star, Idaho, a municipal corporation of the State of Idaho, amending Star City Code Title 10, “Flood Control”, Section 10-1-5: Rules and Definitions; Section 10-1-5 B. 3. Substantial Improvement, Section 10-1-10-5 C. 2. A Manufactured Homes and adding Section 10-1-10-5 Specific Standards – D. Recreational Vehicles; Removing “V” designations and clerical corrections for numbering; providing a repealer clause; providing 4 for severability; and providing an effective date, Lockett seconded the motion. Hershey, Lockett, Erlebach, Bell – all ayes. Motion carried. Public Hearing - Moon Valley Multi-Family Apartments Conditional Use – The Mayor declared the public hearing open and asked Council for any exparte contact or conflicts of interest. Councilman Lockett stated that they have all talked and heard from everyone. The Mayor reviewed the procedures; we will hear from the applicant, Council will ask questions, staff report and then public input. The Mayor stated everyone has asked about a time frame; there is no time clock and we don’t intend to stop anyone tonight. If you are speaking to things that are off track you will be asked to move on. We are here to speak to the application - not other things. If you are speaking about the same thing someone else is talking about, you will be asked to keep it on target. It will help us all get through this. The applicant will have an opportunity to rebut public comment. We can close the public hearing or continue the public hearing. The Council will then deliberate. Applicant – Bob Smith, Hutchison, Smith Architects, is speaking on behalf of the developers and owners. He would like to give a brief overview, and has slides. The first slide is of the proposed site plan off of State Street. The property 2+ acres. There is an existing access that was constructed as part of the previous development that they are required to use, it will provide primary entrance. The entrance road is straddling the other property. It will have three lanes, the drive continues throughout the facility and has an emergency access to the east. This will benefit both properties. The project is constructed as six separate buildings, a community building and an on-site managers building. They did get feedback from neighbors regarding the rear building and it has been moved away from the property line by 30 feet; they have added additional parking spaces, six more than required; they have added a berm on the south property line; put a six foot fence along the property line south; a half-court basketball court; enlarged the playground up front and added a berm and increased plantings along Highway 44; there are carports, one per unit. The front doors, patios and balconies all face the interior of the project and the rear area is usually the bedrooms. The berm with ten foot tree heights will provide for buffers from the neighbors. The plans of the units were reviewed by slide. The exteriors are constructed of high quality materials with stone veneer on fronts and sides of the buildings. Similar projects were reviewed by slides. Smith shared a letter from the Mayor of Rexburg saying that these projects provide a service to their community, have surpassed their expectations, and are assets to their communities. Doug Crother, 2901 N. Fry Street, Boise, stated he is working with Smith. VCD is fairly new, during the process they have listened to the discussions from the neighbors. They have mitigated anything that would affect the surrounding properties. He invited them to Garden City to talk with the Mayor about the project. He only had one person from Star that came out and toured the facility. The Garden City Mayor stated that this is changing their perspective on projects like this. These are people that are just starting out in life. We are talking about 36 units that go in here. The people are already here that would go into the units. They have reviewed the plan and a lot of people want only commercial, look at Chinden and Fairview those businesses shift, there are long areas where there are no business then residential come in. Those people have to live somewhere and you need that type of housing in the City. Some people will have disagreements, most cities will have these types of housing. Business will develop. They have listened and made changes and it will be an asset. They believe they’ve done a good job. 5 Jennifer Rogers, representing the housing company they have agreed to manage the property. Their business was formed in 1990. They are regularly audited by the State and in those reviews they have received above average ratings. They do comprehensive financial checks, if applicant owes money to collections or owes utility companies they decline the application; criminal background checks are also done. An on-site property manager walks the property every morning. They have house rules, vehicles are registered, vehicles are in good working order, and facilities are inspected twice a year. A typical family is working in this community right now. She would be happy to answer any other questions. Council - Erlebach asked about the verbal agreement with the property to the west regarding the entrance road. Chance Hobbs, 1224 Herrick Street, McCall, stated he has talked with John Stubblefield and he is working with him and getting something in writing. If they can’t get the easement agreement they can’t get the building permits. On the access to the Palmer Natural Products, they are going to provide a lane to our property, it will benefit both of the properties. They will work to get one and it will be a condition of approval. All the improvements will be on the apartment property. The Mayor stated the Fire Department already has access to the Palmer property. Erlebach asked who will take care of the elevation issues. Hobbs stated that their access will be a benefit to both properties. The Mayor stated that if and when the Engineer reviews this he will require this property owner to build to the next door property. Erlebach asked where they are getting their irrigation from. Hobbs stated he does not have that information currently, they may have to drill a well. Staff – Ward stated there were nine additional letters that came in late today and they are in front of the Council. Public Testimony – Pam Leverett, 946 S. Main, Star, was not in attendance. The Mayor named the people writing the additional letters. Jadeen Bailey, 276 S. Discovery Bay, Star, purchased a house four years ago and was told the property near the entrance was to be commercial and was to be a benefit for the people in Pinewood Lakes. She was very happy about that rather than driving somewhere else and looked forward to that. She is against the apartments going forward and wants commercial use and enhance the services for Star. Gerard Cattin, 12097 W. Caribee Inlet Drive, Star, he is grateful for the public comment opportunity to voice their desires and concerns before a council vote is taken on the Moon Valley Apartment project. He asks that Council unequivocally reject the request to grant a derogation to the Moon Valley Apartment project to build residential on this C1 parcel along the Highway 44 corridor. (letter attached). Roger Gunn, 11784 W. Carlisle Bay Drive, Star, his property is adjacent to this property. (Asked to use the Developers slide showing the rear property line). When they built his house it was elevated so the backyard would slope due to drainage. So now the developers have bermed the back of the property which will create a lake behind his house. He is a business owner in Garden City so he can get 6 employees and pays more than minimum wage. He tries to get employees from Middleton and Star, but can’t because it is too far to drive. He has five employees and they are dedicated. If this application goes through, this berm has got to be moved for drainage. As far as the basketball court, if they could put that up front and picnic table in the back that would be wonderful. He thinks this project is not a good development. Jolene Gunn, 11784 W. Carlisle Bay Drive, Star, did not want to speak. Hyram Wilson, 316 S. Long Bay Way, Star, thanked Council for the opportunity to speak. He doesn’t know about new apartments, he is a Boise Firefighter and the insides of older ones have been trashed and are unlivable. He asked who will clean them up. The property management says they have rules, Wilson asked how do you enforcement the rules. Will you evict tenents? He is against these apartments, he moved here from Boise to get away from drugs and crime and come to a small town. Wayne Kidd, 471 Glen Aspen Way, Star, stated he moved here eight years ago. He will relinquish the rest of his time to Gary Smith. He has no objection to people who want to live up to his standards. Congratulated the Council on the keeping the property the way it is now. He rode with the Police. If we invite people that don’t have standards he will be disappointed. He asked for a show of hands for people against the apartments. Burt West, 876 N. Hannah Place, Star, wants to protect our economic corridor and is against the apartments. Donald Bishop, 11989 W. Caribee Inlet, Star, stated he is against the apartments and wants to protect the economic corridor. Gary Smith, 258 S. Langer Lake Way, Star, stated he would like to take the Council back to 2008. Residents got together and asked what we wanted in the community. They did this because the citizens wanted to make a plan. They got $50,000, held a business social which included over 60 businesses. They came up with a master plan as a blue print (see Gary’s plan). Palmer Natural Products was a key success for Star. Larry Leach wanted to build a business in Star. Smith stated that ESTEC - Eagle Star Technical Corridor is what we call the technical corridor, they created the downtown corridors. The Master Plan was for the future for businesses. After the study they needed team support from the State and County, this was the Department of Commerce, ITD, etc. This was two years in the works, a study about Star. The Mayor stated that for clarification this is called the Star Downtown Revitalization Plan. The Mayor stated that we are here to discuss the application for the apartments, we are aware of the master plans. Smith stated the reason that he is bringing this up is to justify why we don’t need these type of apartments. In the study of all the surveys we did, not one said high density apartments in Star. The plan created a vision for Star and it created a plan that we could look at for businesses not residential. He is opposed to this and he wants the residential to stay residential and commercial to stay commercial. Sara Keys, 338 S. Long Bay Way, Star, choose to speak at a later time. David Baumann, 232 Langer Lake Way, Star, believes the conditional use should be denied because it will have an ill effect on businesses. If you approve this you will take the commercial property away. There are other properties that this can be done on. The applicant states that adjacent property values will not be adversely affected. An article published by University of New York stated properties were 7 not affected, but the properties are distressed. The neighborhood properties values would go down. Baumann went to the State’s website and cannot find the Moon Valley Apartments. Jon Turnipseed, 11725 W Caribee Inlet, Star, supports keeping commercial as commercial. There is an adverse impact. He will challenge the studies, it is interesting that VCD and Fair Housing think these studies are positive. It is not all positive and most of the studies are done by the people referencing the comments. The main thing from the studies are not applicable as they relate to distressed properties and it is hard to follow. John read references. (See attached) The statements were highlighted. To sum it up studies show there is very little correlation to what they talk about here in Star or this area. This is a big government project they are trying to shove down our throat. This should give the Council sufficient evidence to decline this application. Michael Keyes, 338 S. Long Bay Way, Star, handed the Mayor solicited votes and stated that they are ad- hoc votes; 196 against and two for the project. He has read the master plan and comprehensive plan, it is a lot of reading. In the staff report it states that Council shall find the project to be harmonious, the staff report says it is harmonious. He doesn’t know how this can be correct. There is no use for multi- family, it is not harmonious or in accord with the Unified Development Code. In this case the proposed use not being harmonious is a clear way to deny this application. We had an election a month ago, 43% voter turn-out, the county was 21%, those are unheard of numbers. We know what the passion was regarding that vote. He thinks that voters rightly and fairly have given you a mandate to overturn this project. Councilman Bell you mentioned about common sense. He believes that commercial is commercial and residential is residential and he thinks the intent is clear. He thinks Council has tools to keep that. This decision will set a precedence with this decision. Michael Traficate, 301 Sellwood, Star, stated this is residential and apartments are not in this master plan. There is an error in the staff report regarding timeframes of the dates. There are code violations that set precedent and this is an issue that has polarized the community. The public does not want this project. Leyle Lockhart, 10158 Wyatt Earp Drive, Star, was not present. Frank Bruneel, 7704 Foothill Drive, Middleton, stated that whatever Council decides, he took notes and done a lot of homework, sometimes you get what you want. Logic is one of the things to keep in mind. Some of you are business people and know location, location, location. He questions the vote on an endorsement of the particular zoning change. We need to get the emotion out of it. If you think somebody is going to build a Walmart they won’t and if it was at the entrance of Pinewood that would be different. It only backs to three properties. He would like to see the property sell; if Pinewood would like to buy the property he would make them a good deal. Council needs to look beyond and at the big picture. He appreciates what Council does and hopes Council approves the application. Marcy Reynolds, 11723 W Bridgetown Street, Star, stated she is against building the apartments in the commercial area – it is not harmonious, it is not compatible and will adversely impact the nearby properties. That the proposed use will be served adequately by services - it won’t. The City of Star City leaders and residents put in two years on the plan and the proposed apartments do not fit with the plan. This will be a change to the area. These are two story buildings. They did their homework and were told behind them there would be businesses; one owner would rather sell than have the apartments go in. There will be noise and lights from the project and it will affect their property and resale values. They have uncompensated common areas which may temp the residents of the 8 apartments to use Pinewood’s areas. The apartments will have an adverse impact and will drive up taxes, use of roads, she doesn’t want apartments to affect the city negatively. In the near future Highway 44 will get expanded to five lanes affecting their quality of life. Someone has asked people to raise their hands on support. There was discrimination. A recent newspaper reported the projects were awarded a large sum of money. It should be noted that other projects are close to downtown and close to amenities, this will only benefit the tenants as it will be a long time before we have these amenities. She stated that Hobbs said if apartments are built businesses will follow. For multiple reasons, Mr. Hobbs has penciled it out, and stated you don’t know how hard it is to build this project. She doesn’t believe this project is good and it is the wrong zone for the property. This is not economically right for Star and asks Council to vote no on this project. Robert Jennings, 12152 W Seven Lakes Lane, Star, votes no on the project. David Hall, 343 S. Long Bay Way, Star, stated that this is not Multi-family or condominium, it is an apartment building and everyone would classify it as such. Apartments are not permitted in this zoning, based on the more restrictive designation. Eric Battey, 2420 N. Munger, Star, said he agrees with Mr. Bruneel, this is a conditional use permit that was permitted under the prior zoning designation. That is the second type of housing, this is not a voucher housing, it is a low income property, all small properties have these developments. The renters are people that are just starting out, they are senior citizens, they are single parents and plan to move up - each an important part of our community. They can get a boost. These developers go through a very tough vetting process. Once these projects are finished, safe and efficient apartments, they have waiting lists, they have zero evictions, and they are well maintained even after 10 to 15 years. It will always strike a chord, it depends on the eight conditions and this complies. The Comprehensive Plan is a guide, we look at it like a guide. The land use is a narrow commercial corridor, there is room for dozens of businesses. The design and construction on 2.7 acre parcel abuts an R4 zoning designation, it is no different than what is there. Battey stated they spoke about other developers, when we came with zoning, density and we had rules, we never excluded classes of people that included everyone with a 286 prefix, we are always in a state of flux. Idaho is too great to hate. Michael Ferrigno, 1225 N. Main Street, Meridian, Pinewood Lakes Attorney, stated he wanted to make it clear that Pinewood does not base their wishes on race, etc. He has prepared a letter electronically and included declarations. The entire project does not comply with the Comp Plan, the Supreme Court has stated that it serves as a guide. First, walkability this project is un-walkable; none of the amenities are walkable; communities should be designed so that they are in walking distance; it references wanting a mix of commercial and residential and walkable corridor for citizens. The plan lacks efficiently; the Comp Plan is very consistent of commercial to commercial and residential to residential; it does not allow for small Star based businesses taking commercial to residential. The use is commercial. A local star business owner would not go through these hoops. COMPASS has stated there will be no job balance with this project. The current setback and berm code requires ten feet and they need to take into account patios and impact of adjacent properties. There has been no engineering that would direct the water; they have talked with an engineer and the water will be a problem. The engineering should review the berm we don’t want to create a pond, it needs to be addressed. For the purpose of the record, the neighborhood hearing should come before the application. There was a second meeting. Code is clear. This is for the record. The access road easement is not in writing. Requiring a written requirement to set forth the terms of the easement. The other issue is the fence, it shouldn’t be on 9 someone else’s property. Lastly he has a declaration from Brenda Keebaugh, her property abuts the project. (See attached letter). Sabrina Durtschi, Briggs Engineering, 1800 Overland, Meridian, representing the Pinewood Lakes HOA. She is a land use planner and has reviewed the application and staff report. She is very surprised that the application was being accepted before the neighborhood meeting was held. The second analysis was this application is pretty dense next to Pinewood Lakes. Pinewood is quarter acre lots next to this project. One of the units should be removed south of the property. It increases the buffer. This will buffer the project in between and will push density to the highway and increase the open space and have more useable space. If density was decreased and it will increase amenities. If you would like to take in to consideration any of her suggestions, density should be reduced, a building next to the south should be removed, she would like vinyl fencing all around, no lighting at the basketball court and engineer of the berm. This is not an enviable project. Michael Barth, 12275 W. Seven Lakes, Star, stated he was the HOA president and business owner and he opposes this conditional use. Pinewood residents voted 90 to 12 to support the initiative to pay an attorney for the legal issues. He feels the best use of the property will be commercial and we need property along the corridor. He bought his home wanting to walk. He is in support of the C1 zoning change. He asked Council to deny this project. Holly Adelphonsen, 1765 Sellwood Way, Star, choose not to speak. Sara Keyes, 338 Long Bay Way stated she thinks she is very smart, she is not a dummy. She doesn’t understand how this got this far. Her vision for Star, Amercians made the country great . She stated that Bell wants people to let them know what they think. Keyes presented a slide show that was not left with the City. This is her vision of Star, it is in a vital place. People that can afford to shop and spend money. She stated that she would love to talk to Mr. Bruneel about purchasing the property. Book stores, don’t have one. She could hang out there and provide something for them to do. She showed pictures of a book store, if we take away the commercial we can’t have a bookstore. What about a bakery, again something we don’t have. A deli shop – don’t have one, fresh meat, locally owned. If we take away commercial we can’t do this. What about a café, go somewhere to have a salad, she is not LDS and she could have wine or the deli or butcher. These are not here. The Mayor stated that if you want commercial uses, we got it. Her hope is that Council will deny the application. Bell ran that he wanted to have community input. They didn’t play by the rules. Walt Disney died and the magic continued for years. Play by the rules. Unknown audience member, 507 N. Cardigan Avenue, Star, stated that if for some reason you approve this, we will need to pay for more police. Adam Lagrow, 1255 Caribee Inlet, Star, stated that it’s 30 feet to the median line, if it’s not 35. Does that make you a liar or what? Gordon Madsen, 433 Jakes Landing, Star, stated he is not objecting to low income property just the location; he wants the project rejected. Mike Holbrook 12128 Pinewood River Lane, Star, stated that Mr. Bruneel said that if we expect a big box on the property that it won’t happen. There are big box stores that are coming this way. He is hoping they will come. 10 Michael Castner, 11471 Streamview, Star, stated that he has experience with these type of apartments. He spent five years in the police department and low income housing is not good for communities, it takes extensive police resources and he feels horribly for the people that live next to this. He has worked hard his entire life and moved to a small town and if he leaves his door open, he doesn’t care. Rebecca Smith, 1121 Crossbow, Star, stated she lives in Hunters Creek Subdivision. She is opposed to the project, she has seen these projects and yes, they are beautiful, but that doesn’t make a difference. People that don’t live in Pinewood don’t want this project. The Applicant is not listening. Chandra Sour, 188 Fernon Lake Way, Star, stated she works with low income and middle income people, a lot don’t have cars. She brought up the tent people that are on waiting list for housing. There are still 120 people still living there because they want to live near services. Art Bush, 12174 S. Seven Lakes, Star, stated he has listened to it all and has lived next door to low income and has been a firefighter. There are too many good points that have been brought to the Council. When you vote on this it is your legacy. For all the good you’ve done, what you do tonight will determine your legacy. It is up to you. Applicant Rebuttal - Bob Smith stated he would like to clarify a few things. The City’s own legal review states the application and the neighborhood meeting is timely and he doesn’t believe that is something to consider. The Code says the City allows the use. There was talk of other zones, the other multi-family residential zones front on State Street. These guys are in the business of low income properties. Technical issues include a written easement for the road and it can be a condition. The emergency access drive can be conditioned. The berm that we put on the drawings was an attempt to provide a better buffer after they listened to neighbors, it will be engineered. Chance Hobbs, 1224 Herrick Street, McCall, stated he would like to address comments. He has been working on this since early August. Last three months he has engaged the public, but has been censored on Gary Smith’s site. Regarding the Comprehensive Plan, if we were building in the Central Business District, Smith’s hand out would apply. It will define the look of Star, Star’s core area – designing the downtown core – talking about a downtown core – walkability, it is an old question what came first residential housing or commercial. Residential precedes commercial. In talking about keeping commercial zoning, there’s no walkability now, why didn’t Pinewood develop the sidewalks. How are Pinewood Lakes and developments in the farms areas creating walkability? You are developing farther out distances and creating more infrastructure costs. Regarding taxes, these type of property owners and developers don’t get homeowners exemption, he doesn’t get that benefit. They pay real estate tax and they are higher. In 2009, taxes were $49,000 next door, which will create two jobs. This will be $192,000 in taxes in the same time period. What it comes down to is to provide development. Meridian is sprawled out, amenities are going away from their central business area; Boise is the same way, now they are trying to come back. Is there a time that Star may grow and incorporate walkability? You can change zoning with plenty of dirt to do so, the business will be there and you need to have the work force. He has spent a lot of time and energy, for a non-profit and a group that is overlooked, they keep the community growing. As in the Comp Plan we have mobile homes. They have created an anchor for people living in trailers to move up. They are not cheap to heat or cool. There is a group of people specifically who are interested in development and have voiced their opinion and he appreciates it. There is increasing intelligence and views change for the better. They understand it is a conditional 11 use and there is a long way to go before a permit is issued. A conditional use application is needed to move forward and get a building permit. Council - Bell stated he heard some ask about the low income types and ask if it can be explained. Hobbs stated there are two types, in the 80’s Reagan went through several processes for housing. One is Section 8, it is a voucher made for very low income; Section 42 is a tax credit housing, applied to IFHA and a specific plan they compete. If successful they sell the tax credits to businesses; American Express will be investing. Section 42 type people will be in this facility, their pay will range from $9 to $13.00 per hour. Roughly 25% of population need this type of housing, 30% of their income is supposed to go towards a house payment. This housing can help people move up. Erlebach asked what they will offer. Hobbs stated that all tenants will be Section 42. Typically early on the program targeted low income people in low income areas, but it did not help the situation. With the new guidelines you can get into better areas. They give preference to people that are on the waiting list. The people with Section 8 vouchers can move in. They do take everyone and anyone. Those that are 55 or older, handicapped, families, caretakers. Erlebach asked if there is a waiting list and many of Star residents qualify, if they aren’t on the waiting list how do they qualify. Hobbs stated that it goes by rules. It is on a first come basis. If someone is on the waiting list. Erlebach asked if people in Star qualify will they go in. Will there be people going in that don’t live in Star? Hobbs stated that initially we do get applicants that are from the local areas. There is also possibilities that there will be some from other cities. Erelbach asked how does this affect single families. Hobbs stated that they would pay more than 30%, it couldn’t go toward your house payment, it would be individuals living above their income. It causes a little bit of a trickle down, like adding additional uses and will reduce demand. Lockett is aware of the Garden City project and they did clean it up. That particular property is larger and it did clean it up. Lockett asked if the siding was Masonite, it looks like it is staring to wave. Hobbs stated that Garden City was discussing the same issue regarding the older homes and mobile homes. What you saw in Garden City, there is now a housing option, it is a better option and they have an opportunity to clean up the area. Hershey doesn’t have any questions. The Mayor stated that we are not going to get into a discussion. All comments need to stop. Hershey has a question for Rogers. When you vet everyone, is there ever a recertification. Rogers stated they do have the tax program recertifying annually before the move in date. This helps to create move on for when they outgrow their unit. If you earn more income it increases your rent. It’s on a scale, you can stay if you want to but you will pay higher rent. In the formal credit for the applicant, there are clauses in the house rules, if you’ve been convicted, those are grounds for being evicted and it does happen on a regular basis. Hershey asked if they can cancel their lease and is there an eviction rate. Rogers stated that they do not have an eviction rate. Most people choose to leave on their own. They have an opt-out. Hershey asked what kind of training does the Manger have to help people with issues like child neglect, drugs, other? Hobbs stated they look for social services, the property 12 manager’s job becomes two fold – what is required from the community and then legal requirements. If renter has specific needs there is someplace to go. Hershey asked what kind of credentials you have to have. Hobbs stated there is a formal background check, fair housing training, and offer tax credit certification training and knowing the eligibility of the tenant. Property managers do provide resources sometimes, but they are not law enforcement or counselors. There is more training if needed. The enforcement is eviction. The Mayor declared the public hearing closed. Council will deliberate. Erlebach thanked everyone for staying here until 11:15 pm. First, when our Comp Plan started there were three officials that took part, Star City Staff was involved and a Comp Plan Committee, between all of us we came up with zoning to tell people where they can live. In the Comp Plan, it states a number of things but starts with property rights. If you are Frank Bruneel and had the opportunity to sell it, you would have taken the opportunity. A developer has come into town to purchase the property and the City Council comes along to change something from allowed to non-allowed. These developers are grandfathered in, they have paid money for the land and we changed rules and we will probably get sued. Property rights are number one. Based on the local land use act, it is to promote safety and general welfare and protect rights; to make accommodations for low income and mobile home parks. Some of the comments about this being our legacy, Erlebach hope it’s not. This is defined by the Comp Plan. A lot of people say it will affect police and services, he believes 100 homes will probably create just as much problem. He’s heard we need walkability and to build a bakery, currently there is no sidewalk out there now. Bell stated that he has listened to everyone and thinks he understands their concerns and things that are proposed. He is trying to understand both sides and understands property rights. Those are extremely important and what this comes down to is what is the best for Star. He sees very soon the need for housing like this in our City and we need to provide this type of housing for people. People have listened to reterick that wasn’t true and as a governing body it is our duty to do what is right for everyone is our community. He doesn’t believe that this is the best place for this facility. Hershey stated that he got out of the US Marine Corp and lived in these type of apartments for three years. Questions specifically regarding the management. His apartment was in California and it’s nothing you don’t see when you gather a group of people it’s about income not a moral factor. One thing that did help, as Star has grown 20% in the last year. He is concerned about the walkability in Pinewood Lakes, it is low traffic area, on a highway it is a little different. He is concerned about verbal agreements, they won’t get you anywhere. The real concern is the location. Lockett stated that he heard concerns and realizes they are major concerns and they do appreciate people voicing their concerns, that’s what they are here for. He is thankful to sit up here and understand the concept. A lot of things don’t make sense, he doesn’t think today is the day for this type of project. The Mayor stated Council can approve the application with conditions or deny the application. In moving forward, he would entertain a motion. Bell moved to deny the application, File #CU-15-03, the Conditional Use Permit for Multi-Family apartments, Lockett seconded the motion. Bell stated he believes the applicant put a lot of work into this and he likes the design, but it needs to be put someplace else. He is denying the application due to 13 the location. Lockett stated that Section 3C regarding the difference between apartment and multi- family, he doesn’t understand how this got this far. Bell, Lockett, Hershey – ayes; Elrebach – nay. Motion carried. Reports: Staff had nothing to report. Council – Erlebach stated that Gary Bates, a Community Forrester looked at the dying trees on the River Walk. He didn’t bring a core sampler but will come back and do that and let us know why they are dying. Mayor – The Mayor encouraged the next Council to continue with the current projects. He thanked Theresa and Terri for work on the Christmas Tree. Adjournment: The meeting was adjourned at 11:34 pm. Approved: ____________________________ Respectfully submitted: Chad Bell, Mayor _________________________ Cathy Ward, City Clerk 14