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1 Star City Council Meeting Minutes November 19, 2013 The regular meeting of the Star City Council was held on November 19, 2013 at the Star City Hall, 10769 W. State Street, Star, at 7:10 pm. Mayor Nathan Mitchell called the meeting to order and all stood for the Pledge of Allegiance. Roll Call: Council persons Tom Erlebach, Gary Smith, Tammy McDaniel and Chad Bell were all present. Approval of Agenda: Smith moved to approve the Agenda, Erlebach seconded the motion. All aye: motion carried. Constant Agenda: McDaniel moved to approve the Consent Agenda consisting of: Claims Against the City for October 2013, Regular Meeting Minutes of October 15, 2013, Liquor License Approval for El Mariachi Loco, Change Order #4 – Asphalt Cut for Parking Lot and Second payment for Parking Lot, Bell seconded the motion. All aye: motion carried. Presentations & Public Input: The Land Trust - Memorandum of Understanding – The Mayor explained the memorandum. The program provides for maintenance and children’s projects at the River Walk. Bell stated that there is a dollar figure in the agreement, but costs are not spelled out; who is paying for what. The Mayor stated that Section B states what The Land Trust will do and the City will probably pay for some of the items. The dollar figure is $15,000. This is a one year agreement. Bell moved to approve the agreement with The Land Trust, Smith seconded the motion. All aye: motion carried. Law Enforcement Report – Chief Laraway stated that we have had some burglaries at the shopping center, east of town. Laraway stated that we believe we know who did it. We did lose two of our Police Officers due to promotions. Chief Laraway introduced our two new officers, Don Clough and Aaron Williams. The Mayor and Council welcomed the new officers. Public Input Barbara Pene, 9637 W. Pembridge, Star, stated that she is concerned about the Star River Walk and the hunting that is going on there. She and her family go down to the River Walk and they have heard shooting. She has called several agencies regarding the shooting. The Mayor stated that the discharge of a firearm is not illegal in the City, but reckless discharge is. Hunting is permitted by the State along the river. She is concerned because it is advertised as a family friendly place, but people are hunting. The Mayor stated that as long as you are not recklessly discharging a firearm you can legally shoot animals during hunting season along the river. Ed Schroeder, 10998 W. Crossbow, Star, stated that he is in attendance because he is concerned about something being built behind his house at Hunters Creek. When they built their house they were told nothing would be built there. His back yard backs up to vacant lots. His builder, Phil Schroeder told him it was suppose to be just a grassy area. He heard that there was a maintenance building going in there. The Mayor stated that plans we are about to review reflect nothing on that parcel. Bell stated that we are going to discuss it. The Mayor stated that a BMX bike area was discussed for that area. Schroeder ---PAGE BREAK--- 2 does not want anything but grass there. The Mayor stated that the HOA may want the property back. Discussion was held on what could happen with the property. Old/New Business: Public Hearing – Sanderson Rezone - The Mayor reviewed the process for the public hearing. The Mayor asked Council if there was any ex parte contact or conflicts of interest; hearing none the Mayor opened the public hearing. Applicant – Lori Sanderson stated that she is the primary purchaser and developer of this property. She is asking for an R3 zoning designation from an R2 zoning designation. Sanderson reviewed the zoning surrounding the current property. Sanderson stated that Ada County Highway District is now willing to make changes regarding the second stub road designation. Erlebach asked about the conceptual drawing and adding a stub road to the south. Sanderson stated that it would conflict with the cul de sac rules of the Unified Development Code. The Mayor stated that the block is 500 feet long, not lot counts. Sanderson stated that ACHD will be working it out at preliminary plat. The Mayor asked Sanderson if Council rezones the property would she be okay with a stub road to the south. Sanderson stated that she was okay with the addition. The Mayor stated that we are talking about a rezone from having 18 to 24 units. Ada County Highway District wants a stub road to the south. The Mayor stated the Highway District is asking that the property owner stub to the north and south. If the property stays the way it is now, Sanderson can come in tomorrow with a preliminary plat, if it’s rezoned she will need to do the stub streets. Sanderson stated that this will be a complimentary subdivision with 70 foot frontages. Erlebach stated that it will omit one of the lots to go south. The Mayor stated there would be one less lot. The common area is the entry way. Sanderson stated that this is common area and it will be improved with berms and landscaping. The Mayor stated that the question in front of you is two units or three units to an acre; if it meets the requirements, we have to approve it. Public - Joseph Moyle, 280 Plummer Road, Star, stated that he would like to see a nice development and wants to know if Council will make Streamview install the path they promised. He showed a map of the other property and the other plat and would like to see it developed well. Wants to see decent homes, doesn’t like the apartments across from his property. He wants to see something nice. There is no common ground. Moyle sees a significant difference from what is currently being proposed and what was platted before. Grays do not own the property to the south. The Mayor asked what if Moyle owned the other property and the City told him what to do; how would he feel. Moyle stated that he would be upset. Moyle wants continuity. The Mayor stated that the City cannot tell anyone what to do. Barbara Pene, 9637 W. Pembridge, Star, stated that she lives across the street from Mr. Moyle. She believes that she understands what a rezone is and she is concerned about traffic. It is not the number of vehicles, but the speed on the road. She has been in contact with ACHD and the Ada County Sheriff’s office regarding speeding. The speed is excessive. They are going way over the 35 mph. She lives in Steven Springs. The Mayor asked if she is okay with more cars as long as long as they slow down. Maybe it could be dropped to 25 mph. The speed reader has been out there a couple times a week. She would prefer it to be 18 homes not 24. Applicant Rebuttal - Lori Sanderson stated that at the beginning of this property development, Greg Burkhart (property owner to the south) called her and she told him to call her in a couple weeks. The City received a call from the owner and she has not been able to contact him. She has no problem with putting the road to the south in, it will cost about $100,000, the lot itself would be about $70,000. ---PAGE BREAK--- 3 Sanderson had a neighborhood meeting; about twelve people attended. Sanderson stated that the size of the lot does not determine the cost of the property. The old plat had the two properties platted as one previously, but it expired. Sanderson stated she is flexible for the road location. If Council rezones to R3 with a development agreement and they get 24 lots. The Mayor stated that if it complies with the regulations it needs to be improved. Erlebach stated that ACHD is asking for one stub road and they want it to go to the south. The Mayor stated that the only decision tonight is to approve or disapprove the zoning. Staff – Staff had nothing to add to the staff report. The Mayor closed the public hearing and moved to deliberations. McDaniel does not see any reason to deny this application as long as they comply with ACHD and put the stub street into the south. To the north is R3 and to the west is R4. McDaniel does not have any problem with it and Plummer Road will be improved. McDaniel walks on that road on Saturday and Sunday. Bell agrees it is not the size of the lot that determines the quality of the house. It boils down to who builds and who develops; you can get cheap developments on large lots. When we entitle this property and before it gets built another buyer could purchase the property. We need to be comfortable with lot sizes. These lots are good size and he has no problem with this rezone. Smith stated we have no authority to say what kind of homes go on it. The Mayor stated that we could accept manufactured homes, we have no say. A home can be built on any of those lots. The Mayor reviewed the building code and we could put it in a development agreement. Erlebach stated that the property which has an R4 designation everyone seems to be happy with. He does think we need to put a limit on the number of lots. The Mayor stated it would be potentially 24 lots or 26 lots gross. If they are allowed 26 and you want to limit the number you have to state that in a condition or you need to put that in a development agreement. If it is something different than gross acreage you need to specify it in a development agreement. Bell moved to approve application RZ-13-01 Sanderson Rezone; rezoning the property from an R2 to an R3 with a development agreement; with two stub roads, one to the north and one to the south and total number of lots not to exceed 23 buildable lots and to comply with our ordinances, Erlebach seconded the motion. All aye: motion carried. Canvass of the Vote – The Mayor read the vote and he read the number of votes. Bell moved to canvass the vote, McDaniel seconded the motion. All aye: motion carried. The Mayor read Paula Park’s letter into the record. (see attached) The Mayor stated that we have issued 27 building permits in Star. Fiscal year is about 238 (roughly 20 per month). The Mayor stated that Council has a written report from the Recreation Department. Reports: Staff: Staff had nothing to report. ---PAGE BREAK--- 4 Council – Erlebach congratulated Richard Lockett as a new Councilman. Our Maintenance Supervisor has been doing a lot of work around City Hall and down at the parks. Erlebach attended the Fire Department meeting. Smith stated he attended the Senior Potato Bake. Star Outreach had their first event, they had a great turnout. Smith attended the Boise Economic Summit, they discussed residential and commercial growth. McDaniel also attended the Senior Potato Bake and Fire Department Meeting. McDaniel thanked everyone for voting for her and is grateful to be reelected. McDaniel’s Mother is turning 85 and McDaniel will not be at the next meeting. Bell attended the Senior Potato Bake. He had twelve cub scouts tour the City Hall and Officer Clough fingerprinted them, they had a great time. Bell stated that he has something that he wants to bring to the attention of the Council. He stated that Bruce Mills’ wife has a house full of quality clothing. She would like to donate all these clothes to the Star Outreach, but they need a place to store all of them. Jeannie Nail stated that she has room for them to store the clothing. There will also be a need to distribute them. Mayor – The stage cover at Blake Park is getting closer and closer to being complete. This weekend or next it will be finished. We have finished with the infield replacement material at Hunters Creek. The Mayor thanked Crockett publicly for taking care of the grounds; his hiring has been a great success. He is doing a great job. The parking lot next door is pretty much complete. Financially, the end of the year will reflect roughly $650,000 in the black. The Mayor has been somewhat absent, but he is back now and available. He will have plans for Hunters Creek next month. Bell suggested doing Council retreat in February or late January. Erlebach thanked the Mayor and Ward for doing a good job with the budget. The Mayor observed elections from a distance this year. The Mayor congratulated McDaniel. The Mayor addressed Smith and stated that six years was a great contribution. Adjourn: The Mayor declared the meeting adjourned at 9:05 pm. Respectfully submitted: Approved: Cathy Ward, City Clerk Nathan Mitchell, Mayor