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1 SPECIAL CITY COUNCIL MEETING MINUTES November 2, 2015 The Special Meeting of the Star City Council was held on November 2, 2015 at 6:00 pm at the Star City Hall, 10769 W. State Street, Star, Idaho 83669. Mayor Nathan Mitchell called the meeting to order and all stood for the Pledge of Allegiance. Roll Call: Councilmen Richard Lockett, Tom Erlebach and Chad Bell were all present. THE MEETING WAS MOVED TO THE LIFESPRINGS CHURCH, 174 N. STAR ROAD, STAR, IDAHO. Approval of the Agenda: Erlebach moved to approve the agenda, Lockett seconded the motion. All aye: motion carried. Consent Agenda: Bell moved to approve the Consent Agenda consisting of: Regular Meeting Minutes of October 20, 2015 and Claims Against the City for October 2015, Lockett seconded the motion. All ayes: motion carried. Public Hearing: Unified Development Code Amendment - The Mayor declared the public meeting open and asked Council if they had any conflicts of interest or any ex parte contacts; none were stated. The Mayor reviewed the proposed changes to the City Code. The changes that are proposed are: striking the building in apartment building, removing the designation of apartment in the zoning matrix, and changing multi-family dwelling to a non-permitted designation on the Commercial (C-1) zoning designations. Tonight Council will have the ability to change these things if they choose. The multi- family definition will be left as is, it is pretty clear that it is three units or more. Gerard Cattin, 12097 W. Caribee Inlet, Star, Idaho, asked if the multi-family designation would be taken out of all the commercial and does that include duplexes. The Mayor stated that anything with three or more units is designated as multi-family and has been taken out of the C-1 zoning matrix. The Mayor stated that this is a pretty simple text amendment. Staff - Chris Yorgason, City Legal Counsel, stated that two letters came in regarding the meeting tonight. One is from the law firm representing Moon Valley LP raising the question if the amendment tonight would be legal, including several legal decisions regarding the Fair Housing Act. The other eight page letter is from the Fair Housing Authority and they also raise the question as to whether or not the potential change to this Ordinance is legal. The letter from Fair Housing is more informative than threatening and references specific lawsuits that Boise City, Boise County and one for the City of Caldwell involving this type of housing. It is mainly educational and wants the City to understand the benefits of this type of housing. Yorgason stated that he has not had time to go through the letters in detail yet. Both letters came in late today. The Mayor asked if Council had any questions of staff. Hearing none, the Mayor explained the guidelines for the public hearing. The Mayor asked everyone to try and stay concise and not repeat what everyone else is saying. The Mayor will cut anyone off if they start talking about subjects other than the issue of the Ordinance; this public hearing is about the text amendment only. The Mayor has ---PAGE BREAK--- 2 to have a legal record focused on the agenda. Everyone wanting to speak will need to come to the podium and state their name and address for the record. Several audience members asked questions about public hearing procedures. The Mayor reviewed the text amendment again. Multi-family is a permitted use in the R-3 and up districts. Public - Mitch Herbert, 11738 W. Pinewood River Lane, Star, Idaho, stated that he checked the box in opposition to the project, but is in support of the text amendment. Gerard Cattin, 12097 W. Caribee Inlet, Star, Idaho, stated he is in favor of the Ordinance. His rational is that he would like to preserve the commercial as we have limited sites and he doesn’t mind waiting a couple more years for commercial building. He doesn’t want residential in commercial zones. Cattin stated that this is not about fair housing, we are talking about commercial zoning, not residential zoning. Michael Keyes, 338 S. Long Bay Way, Star, Idaho, thanked the Council and Mayor for the time and happy elections. He is here to support the Ordinance change. The commercial area is our only economic corridor, if we were in a large city there would be more commercial area. Regarding the Fair Housing Act, there are several areas in Star that could be developed without taking up our prime space in our one commercial corridor. Gary Smith, 258 S. Langer Lake Way, Star, Idaho, stated he is in favor of the Ordinance change. Smith stated that several years ago a master plan was put together; residents wanted to have more businesses and walkability. There was not one survey received that said they wanted low income housing or additional apartments. We need to keep our business districts strictly commercial. He is asking Council to vote to keep business in our commercial areas. Bob Smith, 270 N. 27th, Boise, Idaho, stated he is in favor of the first two changes to the Ordinance as it will make it much clearer and makes perfect sense. Smith stated that there are really only two zones in Star that his client’s multi-family is allowed to build. This change doesn’t allow the city staff and council to review projects and decide on their merits. Council has the ability to request design review and conditions and to deny the application if they think that is what it should be. If you reduce the C-1 zoning then you reduce the area of multi-family areas. Neighborhood commercial with multi-family is less intense. In his opinion, multi-family being removed does not make sense. He recommends changing the first two items and keep multi-family as a conditional use. Julie Kingsbury stated that she does not live within Star City limits, but in the impact area. Star is a wonderful community and she moved here because it was more rural. She supports the ordinance change; Star needs the commercial area to support the area. We have few commercial areas and need more. We need to preserve that for citizens of Star and the people in the impact area and to have services closer and not farther. David Baumann, 232 Langer Lake Way, Star, Idaho, thanked the Mayor and Council for holding the special meeting. He wants Council to vote in favor of the changes and wants to keep the corridor for commercial. We have other places for R-3 development. ---PAGE BREAK--- 3 Eric Battey, 2420 N. Munger, Star, Idaho, stated he was here to support the first two items of the ordinance, and is in opposition to the last. The developer choose this parcel for a reason. Multi-family is an allowed use and it fits the parcel. The Ordinance has stood the test of time for years and years and to change it for a small group of special interest is not in the best interest of Star. Doug Gochnour, 9915 W. Patmore Court, Star, Idaho, told Council a story about a City Council from eastern Oregon that met with threats over a development that the citizens did not want. They did the right for the citizens of the City and they prevailed. He would suggest that’s what we should do here. Melissa Anderson, 151 S. Langer Lake, Star, Idaho, stated she agrees with several people and support the Ordinance changes; commercial is for commercial to benefit the City. We do have a day care and that benefits the community. She doesn’t know if the fair housing conversation is pertinent. Frank Bruneel, 7704 Foothill Road, Middleton, Idaho, stated he is the owner of the property that is causing problems and apologized for the hassle. Bruneel believes the first two changes are appropriate and not the third. When you acquire property you are aware of the property as to what changes are needed. This type of change has an impact on property owners. You can always review this. He suggests when you have a conditional use permit, you have the authority to restrict it; and when you make these kinds of changes it not be a knee jerk change that has significant change to properties. He believes commercial is vital to any community. Business is best if there are people and all people contribute to the community. There are other properties that precipitate change. There has been only one inquiry in five years to purchase the property. The businesses are locating to the east side more than the west side of Star. Council has the right to make a decision, but maybe they need to slow down and consider the impact. Council will get different input with different people. He respects Council and thanked everyone for their decision and service. John Turnipseed, 11725 W. Caribee Inlet Drive, Star, Idaho, stated he is in favor of the Ordinance and preservation of the commercial area. Turnipseed stated most of us bought homes in Star because it was rural, he would have moved to a high density area if that’s where he wanted to live. Earlier discussion, the intent for that area was for private town homes. Mike Bixby, 161 Long Bay Way, Star, Idaho, does approve of the code amendment and he appreciates everyone’s comment. His concern is that the road will be four lanes at some point and should remain commercial. There are other builders who haven’t finished the job. For the Code Change, Not wanting to speak Tammy Higgins Glen Higgins Sandy Faw Monty Weeks Fred Phillips Gary Marsall Corrine Bush Cheryl Haggard Marcy Reynolds, 11723 Bridge Town, Star, Idaho, does support all three amendments to the code. She does not believe it will affect the fair housing. We have plenty of other R-3 properties for multi-family and we need the services to go with it. She is very much in favor of what we are doing. ---PAGE BREAK--- 4 Michael Ferrigno, 1225 N. Main, Boise, Idaho, stated that he was the Pinewood Lakes Subdivision Attorney. He stated that they support the amendment to the Ordinance, and it is unfair to receive letters at the last minute. If it is going to be residential it should be residential. Why allow the mixture – need to base the decision on clarity. He would like to submit a letter from a C-1 owner; a letter for the record from Michael Barth, 11525 W. State Street. It does seem unfair that this change is coming now, as it has been scheduled for a month. He doesn’t want Council to be afraid. Table 8 2-3a states that residential is permitted in the R3 and up zoning. Let residential be residential and commercial be commercial. For the Code Change, Not wanting to speak Debbie Bixby Cheryl & Jerry Monet Kyle Ericksen Jolene Gunn Roger Gunn Sheryl Phillips Art Bush Pat Shippy Elizabeth Campbell Linda Wichowski David Wichowski Sara Keyes, 338 Long Bay Way, Star, Idaho, stated she is in support of the amendment. There is a very small area that multi-family is being allowed. She stated we have a great City Council. If we need to rezone, we know that we can talk to the Council. Regarding the third change, she believes Council will do the right thing for the citizens. Let residential be residential and commercial be commercial. For the Code Change, Not wanting to speak Don Bishop Doug Kat McMillen Krich Juli Page Fred Conyers Johnny Jones Penny Jones Carolyn Bishop Carl Warmouth Barry Campbell Hague Family Paula Wiser, 511 S. Main Street, Star, Idaho, stated that she is concerned that when a Burger King or McDonalds comes in and teenagers are hanging out we will be right back here. Thank you keep the last. Steve Plesche, Union Street, Star, Idaho, thanked Council for their service as some may not be here tomorrow. Regarding the comments on fair housing law suits, it got his attention, he hopes it got the City Council’s attention as well. When the law is about to be made and we become legally liable, that deserves some attention. The Mayor stated that every decision has the potential to be a lawsuit. ---PAGE BREAK--- 5 Skip Banach, 9851 Golden Rain, Star, Idaho, stated that the will of the people should prevail. He doesn’t want to violate anyone rights and believes this should be passed as is. Doug Crowder, 2901 Fry Street, Boise, Idaho, stated he was here as a private citizen. He thinks we are making a mistake in changing this. The Comprehensive Plan does not go with the change. We need to have more discussion with information and not emotion. It is our Comp Plan and would like the City to review it. Paul Kaybee, 289 S. Hullen Way, Star, Idaho, supports the amendments the way it’s proposed. He loves Star and sees a need for more commercial. He would like to see the land put aside for businesses. He supports the amendment. Nate Parks, 11760 W Carlisle Bay, Star, Idaho, stated that from a perspective of a home that backs up to that property, he supports the amendment. He also understands there is a time and place for everything. He feels everyone should do what’s best for Star. We should ask what will add to the community rather than the passive aggressive letters you received this afternoon. John Tomkinson, 2393 N Sunny Lane, Star, Idaho, state he lives in the impact area and thanked the Council and hopes the time frame works. He supports the three amendments. He also challenges the Council to provide businesses for the City. We need services in this town. You know how many hours that we spent developing the master plan. Let’s get this thing going. Sasameto, Idaho Fair Housing Council, lives in Middleton and represents local people. Mike Norwood, 11905 Caribee Inlet, Star, Idaho, stated it is appropriate that he gets a commitment to vote on this tonight. The Mayor stated that the decision would be made after the public input. Wayne Kidd, 471 Glen Aspen Way, Star, Idaho, stated he has a really good feeling about this and thinks the Council will do the right thing. With that being said, when the service station went in, it was a crap shoot and now he has found out it is the fourth largest in all of Idaho and Utah; the support came from Star and Middleton and other areas. The area that everyone is concerned about, the man’s investment is a good one. Let’s get something that will serve this community. Heidi Prigge, 208 S. Main Street, Star, Idaho, stated she thinks it’s a little radical to change 2.7 acres and its affects. Housing is contingent on people and if commercial is going to work. We did buy property on Highway 44 and would hate to change multi-family for a 2.7 acre property. Bolinski, asked Council to consider the type of housing. He is retired law enforcement and has seen the effect; please consider that it will affect our schools and police. The Mayor stated that we are not talking about any other applications tonight, just the code change. Kevin Nielsen, 11877 W. Blake, Star, Idaho, stated he is in support of the change and to make our City a better place. Regarding the attorney letters, the courts are in favor of people’s private property rights and we need to be aware of this. The timing of what’s going on is really important, if you pass this it won’t have any effect on the applications in front of you now. The Mayor closed the public testimony at 7:33 pm. ---PAGE BREAK--- 6 Council Deliberations – Erlebach stated he has a business called Moon Valley Landscaping and there are a couple individuals that are trying to tie him to the multi-family development – he is not a part of it. Erlebach talked about the reasons he moved to Star. He represents the whole community, not just a neighborhood. He stated that about 600 people have signed a petition (regarding the multi-family housing development) and 1500 have not said a whole lot about it. We have put the changes out to all the C-1 property owners and we have only heard from a couple. He is glad everyone came forward tonight, there are more positive things in Star. Bell stated he would like to thank everyone for their genuine concern and that it is impressive to see this many people involved. He has to take into consideration property owners rights as there are certain rights that go along with property rights. They are serious. He is also concerned with people that bought property and thought they could do something with it. It will affect the people around it and our quality of life, we need to balance these decisions. We need to keep commercial – commercial, and there are some zones that should be mixed. He is very much in favor of low income properties. He has no problem with low income people living in our city. It is a good time for a change. Lockett stated that he has heard from a lot of people and they want to preserve our commercial area. We aren’t in Boise, he has lived in apartments. We don’t have the type of access larger cities do and we need to preserve the commercial area. The city will grow, we’ve only been here for a few years. He is not running for elections. He wants to keep commercial - commercial and residential – residential. We need to have everyone to get out and get commercial businesses into Star. Bell 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. 252 be considered after reading once by title only, to dispense with the rules waiving the three meeting rule and the ordinance be read by title only, Erlebach seconded the motion. Roll Call: Lockett - aye, Erlebach – aye, Bell – aye: motion carried. Bell moved to approve Ordinance No. 252, an Ordinance of the City of Star, Idaho, amending Title 8, Chapters 2 and 3 of the Star City Code amending the definition of apartment building, deleting apartment building from the zoning schedules of uses and amending multi-family dwelling in the zoning schedules of uses; and providing for an effective date, Lockett seconded the motion. Roll Call: Lockett – aye, Erlebach – aye, Bell – aye: motion carried. The Mayor will sign the Ordinance tonight and it will be sent to the newspaper. The Mayor encouraged everyone to stay involved in the process and encouraged cordial and intelligent conversation. He stated that it does neither of us any good to do it any other way. People are coming here to make Star a better place. Gary Smith ask the City to advise the developers the same message. The Mayor stated that he is advising both sides now. The Mayor clarified that applications cannot be completed until their five day window after the neighborhood meeting. The Ordinance may or may not affect the application. It is their legal right to come before Council and Council still has full authority to approve or deny the application. There is a legal process that they have to follow. The Ordinance won’t publish tomorrow. The Ordinance has changed and we will move forward. This is the code that will apply to C-1 districts. ---PAGE BREAK--- 7 A comment from the audience was that the City has known about this since the third week in August, it has been in process for a long time. Gary Smith stated he sent an email today expressing the October 29th meeting was not a proper neighborhood meeting. The Mayor will be talking with Legal Counsel. The Ordinance has to be published in the paper to be legal. Adjournment: The Mayor adjourned the meeting at 7:40 pm. Approved: Respectfully submitted: Nathan Mitchell, Mayor Cathy Ward, City Clerk