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STAR CITY COUNCIL REGULAR MEETING MINUTES City Hall - 10769 W State Street, Star, Idaho Tuesday, July 6, 2021 7:00 PM Page 1 of 9 mh Agenda Item 1: CALL TO ORDER – Mayor Chadwick opened the meeting at 7:00pm. Agenda Item 2) INVOCATION – Buckley Perks, Church of Jesus Christ of Latter-day Saints led the invocation. Agenda Item 3) ROLL CALL – Present were Mayor Trevor Chadwick, Council President David Hershey; Council Members; Michael Keyes, Jennifer Salmonsen and Kevin Nielsen. Staff present were, City Planner Shawn Nickel, City Clerk /Treasurer Jacob Qualls and Deputy City Clerk Meredith Hudson. City Attorney Chris Yorgason and Public Information Officer Dana Partridge attended via Zoom. Agenda Item 4A) Ada County Prosecutor Presentation: Deputy Prosecutor Robert Bleazard presented on the coming fiscal year and budget request, requesting the contract to be at the same rate as it’s been. He presented some highlights, including the number of cases. He sees a steady increase in cases for the City of Star attributed to growth. They are seeing cases in person now and things are going smoothly, with good relationships with Star Police. Agenda Item 4B) Valley Regional Transit Annual Report: Valley Regional Transit did not present. Agenda Item 5) CONSENT AGENDA Keyes moved to approve the Consent Agenda items: Approval of claims submitted, Findings of Fact for Stonebriar Subdivision Annexation (AZ-21-05) and Final Plat for Greiner’s Hope Springs Subdivision No 3 (FP-21-14). Hershey seconded the motion. Keyes suggested a change of language in conditions of approval for Stonebriar to read that “The HOA shall come to an agreement within 90 days.” Keyes amended the motion to include the changed language. Hershey seconded the amended motion. Voice vote indicated all Council Members signifying aye. Motion carried. Agenda Item 6A) PUBLIC HEARING - Cherished Estates Subdivision Mayor Chadwick opened the public hearing at 7:10. All Council Members reported they had no ex parte’ contact. Applicant Louis Parsons 1159 E Iron Eagle Dr, Eagle ID Parsons is a Project Manager/Planner with Sterling Homes. He introduced their team: Owner and Principal of Sterling Homes, Jim Zubillaga, President of Sterling Homes, Brian Sinderhoff, Vice President, Dennis Hudspeth, Land Use Council, Deborah Nelson, Sr Planner/Engineer, Bonnie Layton and Consulting Landscape Artist, John Roters. He proceeded with a presentation that included a rendered site plan, project location, project planning detailing the density and lot size, project attributes, lot size and open space, landscaping, parks and amenities, construction considerations, elevations, setbacks, buffering, floor plans, and park plans. The project would be developed in phases. The first phase of the project would be 50 units. They agree with all the conditions presented by Staff and all commenting agencies have agreed with the project. ---PAGE BREAK--- STAR CITY COUNCIL REGULAR MEETING MINUTES City Hall - 10769 W State Street, Star, Idaho Tuesday, July 6, 2021 7:00 PM Page 2 of 9 mh Hershey confirmed that they started at 180 units, pointed out that it was already zoned an R-2 and asked if they had considered making it an R-2. Parsons explained that they had increased the density to make homes that are more affordable. Hershey noted that a true transition would be no more than an R-3 and would like to see it more toward an R-2. Hershey inquired about the height of the berm in the front along Floating Feather. Parsons explained it would be a 5 ft berm but are willing to accommodate what staff asked. Nielsen asked additional questions regarding the berm/fence height and said his understanding was that it would be a combination of 5’ berm and 5’ fence. Nielsen also spoke about landscaping. Keyes asked about the ditch company and setback requirements. Parsons replied that they had discussions and input with all the agencies, including Middleton Mill, and understand the setback. Keyes asked staff if there was an existing development agreement from the original rezone and mentioned that the staff reports were a little confusing and needed clarification. He noted that he had read the Traffic Impact Study and that Ada County Highway District and Idaho Transportation District didn’t agree about what should happen, specifically at the intersection of Plummer and Highway 44, regarding the impact and asked what their thinking was regarding the impact. Parsons replied that they have a proportionate payment obligation and will make it regardless of the agreed upon final improvements are between the agencies and will defer to them. Keyes mentioned that there were some negative impacts and asked what was in it for the City of Star’s community. Parsons responded that they wanted to provide a variety of product that would provide homeowner opportunities to people who couldn’t afford the area but wanted to live in Star. Salmonsen asked for clarification about the original neighborhood concept and the irregular lots. She also asked about the internal pathway system and if they had talked with the neighbors about joining with their pathways for a city-wide pathway plan. Parsons explained their pathways and agreed to connecting and accommodating. Nielsen talked about the single-story setbacks and suggested that 10 ft setbacks would help get closer to an R-3. He asked what reduction it would take to get to an R-3 and Parsons replied that it would be 16 units, taking it down to 130 units. Nielsen talked about the importance of a balance of density to create a good community. Hershey talked about the difficulty of anything being “affordable” these days but would like to see the density at least an R-3 or lower with 10 ft setbacks. Chadwick agreed that affordable housing is not affordable at this time. He mentioned density and a concern that agencies weren’t being completely honest regarding the capacity of schools and the ability to accommodate the increasing number of students without having to ship them to neighboring cities. Chadwick also asked if the traffic impact study was done on the current Floating Feather or the new alignment of Floating Feather. He was concerned about the increased density affecting traffic, fire safety, school children, etc. because the current plan is based off an R-2. Chadwick expressed concern regarding the agencies and mentioned the need to make things work between the development community, cities and agencies before a problem is created that will be hard to get out of. Parsons acknowledge the agencies doing their analysis and that Sterling Homes has also done their current analysis, they trust their consultants and have agreed to pay their proportionate share and do all that ---PAGE BREAK--- STAR CITY COUNCIL REGULAR MEETING MINUTES City Hall - 10769 W State Street, Star, Idaho Tuesday, July 6, 2021 7:00 PM Page 3 of 9 mh they are required to do. Chadwick asked again about the Floating Feather traffic study and if it was based off the current or revised alignment. Bonnie Layton explained the process and how they look at future development and improvements in their scope, and it was determined that the study was based off the revised alignment. Keyes asked if they took actual traffic counts and Layton answered that they take the actual counts and also make predictions, looking at the existing and future plans. Keyes clarified that in the Integrated 5-year work plan, they are putting sidewalks in, not widening, and it won’t be until the 2036-40 timeframe. Nielsen wouldn’t categorize partner agencies as not being honest but rather that they don’t have all the information. He recently met with ACHD and the population numbers they had were not correct. It was sobering to hear their projections and knowing that the decisions the Council makes will affect generations to come. Chadwick referenced the traffic study and traffic volume and expressed concern about an increase in traffic without a real solution. Parsons agreed that traffic is an issue and future development will further impact it, but it comes down to what the regional transportation authority will allow. Public Testimony: Katelin Bartles, with Bryan Webb Legal – 3509 W Bavaria Ste 102, Eagle ID Bartles represents 3 homeowners. Believes the application has legal deficiencies. The group she represents is not against growth but want to see it done thoughtfully. The code and requirements for a preliminary plat encourages land use to be in harmony with surrounding areas and minimize the impact on adjacent properties. She believes this application exceeds the surrounding housing density. Bartles also expressed concern with traffic, pedestrians and making sure that agencies like Star Sewer & Water, Police and Fire have adequate services available to support the increased population. She thinks agencies might be undercounting and not considering growth. Bartles stated the application safety impact was deficient in four out of five areas: pedestrian level stress, housing to job ratio, Police and Fire, length of subdivision roads and traffic calming. The location of the lakes was also a concern because most of the houses are placed in the middle and would cause traffic to exit through the neighborhood. Bartles illustrated the differing densities of surrounding areas, and expressed concern regarding the proportionate share agreement, lack of phases of development and analysis. Deanna Johnson 1345 N Glen Aspen Ave, Star ID Johnson asked the council to deny the application with its current zoning. She is fine with development and happy to accept it with the current R-2 zoning. She feels this application is out of scale with surrounding communities and exceeds land use density. She is concerned about traffic and busing to schools, too many vehicles for the current road’s level of service, and infrastructure not keeping up with growth. Johnson also had a question regarding Block 6, Lots 3 10 19, and if they are labeled to be developed at a future time. ---PAGE BREAK--- STAR CITY COUNCIL REGULAR MEETING MINUTES City Hall - 10769 W State Street, Star, Idaho Tuesday, July 6, 2021 7:00 PM Page 4 of 9 mh Greg Lively 10232 W Shummard Dr, Star ID Lively was against this application and if a development does not minimize its impact on adjacent properties, the Council should say no. He feels the higher density adversely affects traffic and child safety and does not fit with the surrounding properties with lower density. Nielsen stated that the Council are elected to apply law and minimize impacts, but they need the facts. Lively believes the way the road connects, will cause traffic to flow out Shummard. Nielsen asked if it was a public road and could be extended in the future and mentioned that ACHD designs roads to handle capacity. He asked for specific impacts and if it would be exceeding the limit of the road. It was determined that the design of the roadway network within the subdivision going out that was the concern and Lively suggested if they moved the park to the South and homes to the North, they would have their own access. Mell Fleener 10374 W Floating Feather, Star ID Fleener thanked the City Council for the incredible fireworks. He opposes this application, comparing it to a “trailer park, less wheels” and said he already has trouble getting out of his driveway with all the current traffic, and adding more will horribly impact him. There is no right turn and cars are already backed up on Floating Feather. He moved to Star for its unique atmosphere and allowing densities like this will make the community like Boise. Gina Mulhern 10189 W Shummard Dr, Star ID Mulhern talked about the 40 acres and how the decisions will affect current residents and homeowners regarding water, sewer, power, schools, roads and infrastructure and everyday life. She feels the Cherished Estates proposal is not in harmony with the surrounding neighborhoods both on density and build. The higher density traffic should not be permitted to flow through the connecting lower density neighborhoods. In a recent meeting with Sterling Builders they said they could build larger homes with larger lots and still come out ahead. She sees this as a win- win. She asked what assurances the City has that everything will be as depicted, and what recourse the City has if they don’t perform as promised. Rick and Sue Anderson 10205 W Golden Rain St, Star ID Anderson presented seven pages of signatures from citizens of Star asking not to approve the changes requested by the developer. They understand and support the R-2 density and have no problem with the development as long as it reflects the density of neighborhoods around them. Anderson noted that this project is being built right next to the skatepark and schools that already have traffic issues and safety concerns for students. Nielsen asked Anderson to elaborate on the difficulties in getting students to school safely and students are all given an option to be bused. Anderson stated it was difficult for children to go on foot or bicycle without going through Floating Feather traffic, which is not bad now, but he is concerned about what will happen in future with increased traffic. Robert Trott 1388 N Glen Aspen Ave, Star ID Trott presented concerns with the density of housing and the increase of people on their walking paths if it is ---PAGE BREAK--- STAR CITY COUNCIL REGULAR MEETING MINUTES City Hall - 10769 W State Street, Star, Idaho Tuesday, July 6, 2021 7:00 PM Page 5 of 9 mh connected into their pathway system. He stated that Floating Feather is already a planning issue and mentioned the safety concern for kids on bikes and scooters and suggested the need for two roads exiting on Floating Feather so people aren’t going through the existing communities. Lynn Phillips 1510 N Rook Way, Star ID Phillips mentioned that an R-2 zoning was one of the reasons she bought into Lakepointe and would like to see the new development remain as R-2 and asked the Council to stay with the long growth plan. She mentioned drainage problems and asked if the applicant could address maintaining water drainage, so it didn’t impact her subdivision. Steve Phillips 1510 N Rook Way, Star ID Phillips wants the zoning to remain R-2. Traffic is an issue and he does not want to see two stories go in where the beautiful cornfield is presently. It was zoned R-2 when he moved in and he would like to see it remain as an R-2. Liz Brucks 10190 W Shummard Dr, Star ID Brucks and her husband Jerry are opposed to the large amount of proposed homes in Cherished Estates, and if it is approved, it will set a precedence for others to come in with high density projects. They love Star and the way it feels, and hope the Council holds the vision to keep star the wonderful place it is. Kevin Mulhern 10189 Shummard Dr, Star ID Mulhern is against the development of Cherished Estates and thanked the Council for the fireworks, letting them know he appreciated them. Dennis Wells 10355 W Shummard Dr, Star ID When Wells first moved to Star, he and his wife were selected to be on the transition committee and had an issue with a developer and the previous administration. He said the Council has an opportunity with this development to make things right and correct that previous error. He would like the Council to stop development that would be bring so much extra traffic down their street. Jim Cheney 106664 W Wild Iris St, Star, ID 83669 Cheney was born and raised in Nampa on an acre of land, that his parents taught him how to work in the yard and the value a yard can bring to a family. Keeping this development at an R-2 would give people the opportunity to have a yard and to keep the kinds of things Idaho represents. The master plan states that residents need to have a diverse choice of housing, and there are many developments with higher density but few at an R-2, he asked for it to be kept at an R-2. Cheney also mentioned that developments should not be materially detrimental to the public welfare and have an adverse impact. He noted that the irrigation would shut off soon and the water should be saved for drinking and farmlands. He said this is a good opportunity to look in the future and better prepare for what is going to happen. Council Member Keyes mentioned a concern from Cheney’s letter regarding censorship with a neighborhood meeting. Cheney felt that his questions were not addressed or were made to be ---PAGE BREAK--- STAR CITY COUNCIL REGULAR MEETING MINUTES City Hall - 10769 W State Street, Star, Idaho Tuesday, July 6, 2021 7:00 PM Page 6 of 9 mh controversial. He feels that they are now reaching out to the community and listening. Cheney suggested cutting out one lot to get to Floating Feather and not have to cut through the subdivision. Jeffrey Busby 300 S Streamleaf Ave, Star ID Busby expressed concern about an increase in traffic. He quoted from the traffic impact study that was submitted, noting that traffic conditions analyzed with existing intersection controls at the intersections of State Highway 44 and Plummer, and Floating Feather and Highway 16 do not meet minimum operational thresholds. One recommendation was to put a traffic signal at Floating Feather and State Highway 16, which the State won’t agree to. The other challenge is how to physically change the intersection at Highway 44 and Plummer. Busby expressed disappointment that the State seems to prioritize intersections based on fatalities. He doesn’t want to wait until there is a fatality to make changes. Busby was also concerned that the City has a master plan and asked why it was even in place, if the developers could come in and change the zoning from the plan that was already developed. James Barnet 10146 W Shummard Dr. Star, ID Barnet believes that to mitigate traffic, you needed to either build up or build out and said he would like to see the city build out. He also brought up property rights, crimes and believes if all pathways are interconnected, it causes people from outside neighborhoods to access private pathways and ponds, which will only get worse if the density increases. He asked the Council to not stack the houses, but to keep it zoned at an R-2. Mark Roark 10254 W Golden Rain St, Star ID Roark stated the area was zoned at an R-2 and the reason his family purchased here. He urged the Council to remember what it took for many to be able to purchase in the area, and for them to keep it zoned at an R-2. Erin Timinsky 7097 Southern Vista Ct, Star ID Timinsky echoed what Nielsen said; the Council does have the power and ability to consider how Star is being developed, and it’s really in its infancy. As a lifetime Idahoan and realtor, she has a great passion for developers and property rights but is also passionate about space and thinks the power is in the setbacks. She loves the development, the walking paths, the community space but feels that 5 ft setbacks are not desirable or even give adequate access to emergency vehicles. She would like to see Star do what they can to preserve their rural roots. Keyes asked to follow up with Jeffrey Busby’s statement that we violated our comprehensive plan. Busby clarified he meant it was zoned R-2, and he didn’t understand why it couldn’t stay R-2. Keyes explained there was a difference between the zoning plan and comprehensive plan, and the land use map showed the parcel to be a R3-5. ---PAGE BREAK--- STAR CITY COUNCIL REGULAR MEETING MINUTES City Hall - 10769 W State Street, Star, Idaho Tuesday, July 6, 2021 7:00 PM Page 7 of 9 mh Mayor Chadwick called for a break at 9:07pm Mayor Chadwick called the meeting back to order 9:13pm Applicant Rebuttal: Deborah Nelson 601 W Bannock St, Boise, ID Nelson went through the comments and questions from the public testimonies, addressed some of the concerns and presented some facts. She spoke regarding transportation growth and gave assurance that the capacity met the levels of service on Floating Feather and Plummer. She believes the traffic impact study had been done on the current alignment of Floating Feather, and not the proposed new alignment. She confirmed it still had the level of service and same constraints with safety, capacity and functionality. She addressed concerns regarding the preliminary plat requirements, single access, connectivity, ITD report and conditions of approval, transition of lots, zoning and master plan, and density. Louis Parsons addressed some questions and concerns regarding common lots, setbacks, density and reducing unit count and having single story homes, and connectivity. He expressed appreciation regarding the hard work of community and staff. Council Deliberation Mayor Chadwick closed the public hearing and moved to council deliberation. The councilmembers discussed the zoning, conditions of approval, what parts of the application met the comprehensive plan, interpretations of the comprehensive plan, discretions of the council, public feedback and engagement. City Attorney, Chris Yorgason addressed a question regarding what constitutes material harm, detriment and welfare, standards that need to be met, complying with regulations, public services, and impacts. The council discussed options regarding tabling the application. Neilsen moved to table the application to September 7, 2021, to give the applicant the opportunity to consider the testimonies and deliberations and come back with a new plan. Guidance was given to stay between an R-2 and R2.5, single story matching, berm and fence height, setbacks, connectivity and a fire report. Salmonsen seconded the motion. Voice vote indicated all council members signifying aye. Motion carried. Agenda Item 6B) TENTATIVE ADOPTION OF FY 2021/2022 BUDGET The budget was tentatively set at $12,627,273.04 and there was discussion whether this was an accurate number or if it should be increased to be on the safe side. It was decided to make the number an even 13 million. ---PAGE BREAK--- STAR CITY COUNCIL REGULAR MEETING MINUTES City Hall - 10769 W State Street, Star, Idaho Tuesday, July 6, 2021 7:00 PM Page 8 of 9 mh Keyes moved to adopt the tentative budget. Nielsen seconded the motion. Voice vote indicated all council members signifying aye. Agenda Item 8) REPORTS Nielsen – Met with ACHD and there were discussions regarding a master plan and what could be done to make more of a live-work city and mitigating long-term traffic. Nielsen expressed appreciation for the Hometown Celebration activities and liked having it over the span of two days. Gave special thanks to Dana Partridge and the volunteers. He emphasized the importance of kindness and watching out for each other in the community no matter how much it grows. Salmonsen – Agreed with Nielsen regarding the Hometown Celebration and also enjoyed having it over two-day period. The Parks, Arts & Beautification Committee participated in the parade with a float, and they will be having a workshop on July 11 regarding the Parks Chapter in the Comprehensive Plan, reviewing it for possible changes. Salmonsen added how much she enjoyed participating in the July 3rd parade and raising money for the Senior Center by getting a pie in her face and being in the dunk tank. Keyes – Echoed the previous comments about the Hometown Celebration and thanked Dana Partridge specifically for all her time and hard work. The Transportation Committee selected a new member of the Pedestrian’s Advisory Group to ACHD. Keyes mentioned the adoption of the impact fee ordinance and he attended a meeting with COMPASS to discuss their Fiscal Impact Tool. Hershey – Attended a Fire meeting and participated in the city softball game. He also expressed appreciation for the Hometown Celebration and said he believes it is our volunteers who keep us going and added that no matter where you serve or when you moved to Star, we are all family. Chadwick – Met with Carl Miller of COMPASS to talk about the Fiscal Impact Tool and also met with Miller regarding the demographics and discovered that the numbers are not correct and approval will have to be pushed back. He also thanked Dana Partridge and crew for the fantastic job they did with the Hometown Celebration. Vogt – He mentioned that the City had contracted with Northwest Traffic Safety for traffic control at the Hometown Celebration so the police could be dedicated to public safety. The traffic outflow after the fireworks went well and they plan to use them again next year. The new Sheriff Matt Clifford, former chief of Eagle Police, was sworn in this morning and Vogt mentioned he will be making rounds to introduce him soon. ---PAGE BREAK--- STAR CITY COUNCIL REGULAR MEETING MINUTES City Hall - 10769 W State Street, Star, Idaho Tuesday, July 6, 2021 7:00 PM Page 9 of 9 mh Agenda Item 9) ADJOURNMENT Mayor Chadwick adjourned the meeting at 10:26 pm. Trevor A. Chadwick Jacob M Qualls ATTEST: Trevor A Chadwick, Mayor Jacob M Qualls, City Clerk / Treasurer