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1 Star City Council Meeting Minutes January 17, 2017 The regular meeting of the Star City Council was held on January 17, 2017 at Star City Hall, 10769 W. State Street, Star, Idaho. Mayor Chad Bell called the meeting to order at 7:05 pm and all stood for the Pledge of Allegiance. Roll Call: Councilmen David Hershey, Richard Lockett, Trevor Chadwick and Kevin Nielson were all present. Approval of the Agenda: Lockett moved to approve the agenda, Hershey seconded the motion. All aye: motion carried. Consent Agenda: Lockett moved to approve the Consent Agenda consisting of: Regular Meeting Minutes of December 6, 2016, Workshop Notes of December 20, 2016 and Claims Against the City for December 2016, Chadwick seconded the motion. All aye: motion carried. Public Input: No public input was given. Old/New Business: Public Hearing: S. Springs Court – Rezone & 2 Development Agreements continued from Dec. 6, 2016. The Mayor reviewed the hearing procedures and explained the rules of conduct. The Mayor asked Council for any ex parte contact or conflicts of interest. Chadwick stated that he had driven to the site to look at it, Councilman Lockett stopped by and then they were joined by Jay Walker. Walker asked them about the property and then they talked about other subjects. Applicant - Bob Taunton, 2724 S. Palmatier Way, Boise, along with Joe Pacner with KM Engineering and Nick Foster with Kittleson were all present for any questions. Since the last meeting the traffic study was done and the staff report has been revised regarding changes to the development agreements. We are talking about the rezone of the 11.368 acres to C-1 with a DA and the rezone of 15.160 acres to R16 with a development agreement calling for a maximum of 240 units. Taunton reviewed his power point presentation. Taunton showed the map of the property which showed it as the previous surplus right-of-way from ITD. The right-of-way to the east of the property has no access to Highway 16 and no direct access onto State, only access is through Moyle Road. Taunton reviewed the property boundaries. The Comp Plan was discussed regarding Highway Commercial, it provides for a mix of housing types. The development is consistent with Communities in Motion from COMPASS with regard to jobs and households in this area. The development will support planned bus service, provide compact housing and they are outside prime farmland. Pictures were shown of the building type, they are resort type styles. The three story buildings are very typical. There is abundant parking spaces; Boise’s requirement for parking is 1.5 parking spaces as opposed to Star’s at 2 per dwelling unit. The transportation study shows analysis and findings. The findings are that the intersection ---PAGE BREAK--- 2 meets ITD standards for residential development. A traffic signal is not warranted at this time. Traffic generators vary from very low traffic like hotels to drive-thru businesses which have very high volumes. With regard to travel through Heron River, the volumes are below ACHD thresholds. The Applicant concurs with the listed conditions of approval. The residential DA is accepted at 45’ height for 3 story, parking meets the Unified Development Code, they are providing eight amenities, architectural and landscape standards are included. Additional secondary access has been provided, they believe the access would come in the middle of the property. There would be connections down to the river. The revised commercial DA will require an updated traffic study. The Applicant would like to work with the City to secure a signal at SH44/Moyle Road. Off premises signs are intended to promote local business and amenities in Star, not this project only. The city monument sign parcel will be dedicated. The Applicant will require approval of the off premise signs. There are two types of signs, the two smaller signs are along State and the two larger ones are along Highway 16. The reason for the larger signs is visibility, the larger signs will be easier to read and comprehend, and the smaller signs are on the future clover leaf ramp with slower traffic. Chadwick asked what the sign sizes are. Taunton stated that the large signs are 10’6’ x 30’ located by Highway 16 and are double faced. The smaller signs are 10’ 5” x 22’.8’. The height of the sign will be relevant to roadways and the elevations. The future interchange was shown. Written testimonials were given on the benefit of road signs. The IDAPA rules speak to how far apart the signs would be. The Applicant is proposing 500 feet. They are asking for Council approval on the project. Chadwick asked what the trouble would be if there was a traffic light at Moyle and one at Plummer. Taunton stated that it may be difficult due to the distance. The light at Plummer could eliminate a signal at Moyle. There could be changes made to change that. Lockett asked if it wouldn’t be safer to put a signal light in. Taunton stated it would not pass the test. Lockett asked where the testimonials came from on the billboard signs. Taunton stated that he did not know, only the person thought it was good for business. Lockett stated that they are from out of state, maybe we should get testimonials from Idaho. Chadwick asked about the entrance and the road running down the side of the property. Taunton stated they would pave the west side of the property for access. People would access the units through a road through the middle of the property. Nielsen asked to have Foster explain the traffic study and comment on the height of the apartments. Taunton stated that the difference in the height is one story. There would be the same number of units but the building design would be different, there would be more open space. These buildings will be a sound buffer and a visual buffer. The Mayor asked what the amenities are. Taunton stated the number was up to the discretion of the Council. There is a clubhouse, pond or water feature, pool, children’s play area and access to the river. Taunton stated that bicycle storage might be another suggested amenity. ---PAGE BREAK--- 3 Nick Foster, Kittleson & Associates, 101 Capitol Blvd., Boise, stated that traffic for the 240 apartment units were studied both at the peaks at am and pm traffic flow. This road has the benefit that people make a right turn when they go to work and a left when they come home. In the future the movement does have potential for increased traffic, it has 60% capacity left and could add more. They look at warrants with traffic signals. The additional delay of the light is offset by stopping traffic. With an estimated delay with a traffic signal, warrants are not met right now, when more traffic comes it will. Nielsen asked what the warrants would be for commercial development, would a light be warranted. With the clover leaf are we causing a problem with commercial development. Foster stated that it will depend on the type of commercial use. At that time there would need to be a conversation with ITD and another study. Nielsen asked if they have any idea of how far away the commercial is and what the threshold is. Foster stated that there is plenty of traffic on Highway 44, it is adding traffic coming out of Moyle to make a left turn. Foster stated that it was at 40% capacity now, it would get triggered by doubling that number. Nielsen asked what kind of commercial the Applicant is looking for. Taunton stated they were looking for something that benefits the community. Retail and maybe something the City does not have would work. Taunton stated that they will build out the residential and determine implications of commercial, it is a ways down the road and will be tied to the traffic. A hotel is low impact and ideal for that area. They are looking to fill in the gaps. Chadwick asked about the cul-de-sac, what kind of relationship do you have with the property owner. Taunton stated there are two lanes currently, one lane is on the other property owners land and one is on their property to the cul-de-sac. The roads have not been accepted by ACHD. Emergency access for the development will be entirely on their property. Staff - Ward stated that there was a correction on the Residential DA – line 2.1 should state 240 units total, not 240 units per acre. Council can negotiate any part of the DA with the Applicant, some items for negotiations have been included on the summery sheet. Yorgason stated that he has no legal issues. The agreements are negotiated agreements, they are not take-it or leave-it negotiations. If you ask for more, the Applicant may want more. It is not intended to be a one-way street. The better DA’s meet in the middle with give and take. DA’s are contract is established by Idaho Code. Public Input - Tom Haigh, 9257 Wildbranch Drive, Star, stated he talked with many people in Heron River and this will impact them in a negative way. They have problems turning left on Moyle now during commute hours and additional units will add more traffic. There will be a lot of services taken up and ITD has not permitted a light there. A lot of things haven’t been considered. If something happens to Moyle they will have to come through his subdivision. We all live in this town. He is against it and he lives here. Council needs to think about that. Single family homes are fine, that’s progress. He has lived in or around apartments and they are problems. They have had many wrecks in that area. Statistically it is a bottleneck and there will be more accidents. ---PAGE BREAK--- 4 Jay Walker, 849 E. State Street, Ste., 104, Middleton, he is in support of the project, he represent the eastern properties owners Anderson and Larson. He has worked with the applicant to provide some buffering and to accommodate the infrastructure needs as was the case with Heron River. He does not represent the applicant and as far as ex parte contact, he was passing his owners property and was concerned about seeing people on the property when the owner was away. He and the Councilmen spoke about other things. He would hate to cause ex parte. Today there is focus on infrastructure and a signal, there are others services, power, sewer and water in capacity for this area. They don’t have the luxury of a big development like Heron River. A traffic study will be required to accommodate the traffic. Kathy Holcomb, 198 S. Wildgrass Way, Star – against the development (she did not want to speak). Jeff Holcomb, 198 S. Wildgrass Way, Star – against the development (he did not want to speak). Carol A. Fleischer, 226 S. Rivermist Ave., Star, stated that 240 units would be 480 vehicles pulling out on State Street. This will be difficult because Moyle is a very small street. We will have a light at Plummer and can only turn left on Plummer because of the turning lane. Is there guest parking for these apartments and where is the public going to park at the river? Traffic is a huge issue. Why are we putting signs along State Street - money for the developer? We want to keep our neighborhood nice. Moyle Road will start backing up and vehicles will start going through Heron River. A light at Plummer will draw everyone. She doesn’t want to have an apartment complex with all that traffic. She has worked with traffic and planning before. She is a resident of Star and doesn’t necessarily want it to grow. Ridley’s will also bring traffic. She doesn’t want that traffic through her subdivision. Carol M. Fleischer, 183 S. Rivermist, Star, as a resident of Heron River she wants to echo what has already been said. Her house looks out at Highway 16, she sees lights all the time and if you add the traffic it will add to that and be a drain on emergency services. She has small kids and how will this impact schools with more kids. The elementary school is already at capacity. Council should think about that. Traffic will be driving through Heron River. There are kids out playing and she is concerned about safety. Mark Westling, 224 S. Barkvine Way, Star, stated that in God he does trust; there should be alarms with this application regarding high density. This is not the place for it. He would like everyone to come up and speak from their heart. He can just see the traffic. This is not good for Star or the children of Star. There is no way this is going to work. Try and drive down Moyle, it is too tight. He had to speak from his heart. Put it someplace else. Tanna Crance, 9389 W. Wildbranch Drive, Star – against the development (he did not want to speak). Arna Day, 9433 W. Wildbranch Drive, Star – against the development (she did not want to speak). ---PAGE BREAK--- 5 Mark Crance, 9389 W. Wildbranch Drive, Star – against the development (he did not want to speak). Vern Day, 9433 W. Wildbranch Drive – against the development (he did not want to speak). John Tomkinson, 9903 W. Wildbranch, Star, stated there are three points - do you have a master plan for the area or will you piece meal it. There needs to be a master plan; there is a lot of prime development for single family. A piece meal is going to get the City in trouble. The State of Idaho spent 35 million dollars removing billboards along state highways. The State of Idaho had to buy those. Those locations are extremely expensive and great revenue collectors. Separate the billboards out of the application. He has worked for ITD. Think about the lighting on a huge billboard and people having it outside their window. Separate the billboards out. Reiterate look at the whole area – look at a master plan. He lives in Heron River. Will Star be the rental capitol of the state? Consider a master plan for that area and the signage. Gary Smith, 258 S. Langer Lake Way, Star, stated he is celebrating his 11th year in Star. Two things he is concerned with, welfare and safety. 80% of our residents commute, if this is allowed it will be another Eagle Road with all the road cuts. The road backs all the way up to Star Road now. Council isn’t just making decisions for Star, we are talking about Middleton and Caldwell. He goes to the capitol three times a day, State Street is at max capacity now. He doesn’t think this is an ideal place for this development. Council needs to think of the citizens west of Moyles they all commute, it is the main east-west corridor. Applicant rebuttal – Taunton asked if Foster could speak about the traffic numbers and when the signal light is installed at Plummer. Taunton stated that having a commercial user in hand will be an aid for signalization. Nielsen asked what that meant - to have a user in hand. Taunton stated that if you have a retailer by a community there is more need to get essentials. Foster stated that they did recognize that when you add a signal at Plummer they did calculate what percentage would go through Heron River, it is on page 11 of the traffic report. There is a traffic count on Wildbranch of traffic today and with future projects came up with 550 vehicles a day, it is significantly less than the ITD requirement. Nielson asked if that was the total. Foster stated that it was. Table four has more traffic generation numbers and the math. Foster stated that if there is a signal at Plummer there will be a delay for traffic getting onto State Street. When they look at warrants regarding safety, when there is higher demand, when you add the signal there is a net reduction of accidents, below that threshold it is unknown. Nielsen asked if they know how much of a break there would be with the signal. Does traffic back up if you put a light there? Foster stated there is a yellow time and then there is a time when approaches are red, it depends on the amount of traffic, and then it goes to green. Foster believes there is a number of seconds to get traffic out. Taunton stated there were comments on the numbers of commuters. Foster stated that on table 4 on page 6, we expect at peak hours 50 cars from the apartments, based on actual surveys – not every unit is double occupied. The number of cars is not two cars per unit. They project 150 vehicles in the pm and 120 in the am. ---PAGE BREAK--- 6 Taunton stated that with the location of the property there is the tendency to continue with single family homes – it is conducive to apartments. These will be visual and noise buffering and not ideal for single family development. Chadwick asked if they would be willing to put a signal light in. Taunton stated that they would, but it does not meet the warrant of ITD. It would make a more robust commercial area. They are willing to pay for their fair share. The Mayor stated that the current roadway going in and out it is not fully developed to ACHD standards. Moyle is 30 feet wide. It is the appropriate width. Taunton stated there may be plans to widen the roadway. The Mayor stated that it is a full 30 foot roadway, Taunton stated that it was. Lockett stated that the road on the other side of Highway 16 is subpar and ACHD would not accept that road. Taunton stated they are not sure what ITD will be doing, if ITD transfer the roads they will need to meet ACHD standards. There could be required improvements. Taunton stated that there has been an effort to speak with Representative Moyle to develop a strategy to talk about adding the signal light. Taunton stated the change to IDAPA standards would be allowing cities to control the roads in their cities. It would have to be carried to the legislators. ITD is responsible for speed limits on State Street and Highway 16 and they are doing speed studies. Local communities should have a voice. The Mayor stated that it is a struggle with roads, things only change when other changes come. They don’t build schools until they are so over capacity. We are very much aware and we talk with all the entities, we send out letters to all agencies for input on development. We do get responses from the agencies. Do we have a master plan, we are working on the Comp Plan and changes. Our Comp Plan calls out for high density on the highway corridors. There are always challenges. We have to pick out where the high density will fit. The Mayor closed the public hearing and moved to deliberations. Lockett stated he looked at the property and realized the problem with both Hwy. 16 and State Street getting traffic on and off the roads. When ITD doesn’t want to have a light at Moyle Avenue it throws things in limbo. We need to figure out what it will be in 20 or 40 years from now. Heron River was not planned to have more traffic. There are a lot of things in the City that need to be planned and it comes down to common sense and safety. Hershey stated that his questions got answered and the developer has made significant changes to his requests. The one thing he is concerned about besides to many billboards, is he does not want to incentify traffic through Heron River. He is totally for apartments, but if ITD won’t give a signal then what are we doing. He likes everything on the development but the traffic. He has a hard time getting out of Heron River and Toon Town. He likes the idea but doesn’t like more ---PAGE BREAK--- 7 traffic, he has lost a child at an intersection. He is concerned about the traffic, he wants children to be able to play in streets because that’s what they do. He believes there could be a signal there – it is only a thought process now. He doesn’t have an answer and he didn’t hear a solution. Chadwick likes the concept for a buffer zone and he has a safety concern. It only takes one person getting hurt. He understands traffic studies, but it doesn’t take into consideration safety. If we could get the signal, we could move forward. Traffic does back up. Think about teenagers driving. If we can figure out the signal, he is all for it. Nielsen stated he is looking at it a little differently. When the overpass gets built out, the light at 16 goes away and then it probably makes sense for ITD to put a signal in. He is not concerned in that regard, he is concerned about safety. He would like better guarantees as to what a signal would look like. He is okay with signs, but he doesn’t want welcome to Star. The other thing he likes is the idea of a taller building and asked if they would put elevators in. Taunton stated they would not be required, but it does make sense. This makes a good sound buffer. Hershey would be okay if they let it go to 55 feet but still only had 240 units. Nielson does like the apartments. Previous sentiment has been to put multi-family at Highway 16. He likes the location. Chadwick asked about a condition of approval by adding a signal. Yorgason stated that in general you can put conditions on the applicant. The testimony is pretty definitive that it won’t go in, and the applicant can’t control that condition. Yorgason struggles with putting that condition on the applicant, but Council could send them to talk with ITD or Rep. Moyle to get the signal light put in. The applicant cannot control putting the light in. The Mayor stated that Council has a decision to make; you can deny, table, or condition the application. We don’t have a problem with the project, it is the transportation issues and it does comply with the UDC and Comp Plan. The only thing out of compliance are the signs. If you want to table this and sit down with ITD or ACHD and see if we can solve the transportation issue we can. If the application has merit, except the safety part of it, then we can table it and continue to try and solve the issues. There are three options if there is enough merit. Hershey wants to come together with the entities regarding the safety and see if we can hash it out or not. This will continue to affect other property owners in the whole area. Yorgason stated there are two items if you table the application. Table it to a date certain and he recommends if it is tabled, to leave the public hearing open for the public to speak to the transportation issue only. You can also have a small number of Council meet with the applicant and agencies and bring back a proposal to the full Council. Nielsen stated that we are not going to prevent people from driving through Heron River, if Ridley’s is there they will use Heron River roads. ---PAGE BREAK--- 8 Nielsen moved to open the public hearing for the public to comment on the transportation issues only, table the application to March 7, 2017 and meet with all transportation agencies and applicant, Hershey seconded the motion. Chadwick, Nielsen, Hershey – ayes; Lockett – nay: Motion carried three to one. Resolution No. 17-01 Idaho State Police Background Check Agreement – The Mayor stated this was an agreement for the Idaho State Police to do background checks for our vendor’s licenses. Chadwick moved to approve Resolution No. 17-01, a Resolution of the City of Star, Idaho approving the agreement between the City of Star and the Idaho State Police (ISP) to provide background checks and criminal history information on all out-of-state vendors; authorizing the Mayor to execute such approval on behalf of the City; and providing an effective date, Lockett seconded the motion. All ayes: motion carried. Surface Pro 4 Computer Bids Discussion/Decision – The Mayor stated that this is not a necessity right now, but we are having problems with the IPADs Lockett stated that his is working fine. He doesn’t think we need to spend $10,000 on these fancy gadgets right now, we could spend it on snow removal. Chadwick doesn’t think these are fancy gadgets. The Mayor stated we do have a couple IPADs, we can continue to work as we are. We can meet with Shawn and have him show us what’s going on with the IPADS. Nielsen stated that it is not a problem with the IPADs – he would like to take a step forward and put $10,000 into the main system. Chadwick asked what other communities do. Ward will find out. Nielsen stated that it is an infrastructure problem and until we address it there will always be a problem. Lockett asked why is it that he is the least IT person, but his IPAD works and no one else’s does. Nielsen’s problem is an account problem not an IT problem. The Mayor stated that Ward will get with Shawn and schedule him to meet with Council & Mayor. Reports: Staff – Chief Vogt stated last month has been taxing on emergency services. They did have several calls to assist citizens due to the snow. ---PAGE BREAK--- 9 Ward stated she has received several phone calls thanking the Mayor and all that helped remove the snow on State and Star Roads. Yorgason had nothing to report. Council – Hershey would like to commend the Mayor on snow removal in the City. The Activities Committee is moving along. Lockett stated he attended the workshop two weeks ago. He helped work on snow removal on State Street and around the school. Hopefully, ACHD will do more work in Star. He did not make it to the VRT meeting. Neilson did not have anything to report. Chadwick thanked Michael Keys for opening drains in his subdivision. We all need to do our part. The Beautification Committee is meeting this week. Mayor - The Mayor attend the COMPASS board meeting and TVP meeting. Everyone is having the same problems we are having with regard to snow. The Mayor thanked Chief Vogt and the two officers, Fire Chief, Councilman Lockett, and former Councilman Erlebach for help with the snow removal. It was a productive day. A little flooding at the Senior Center but it was sandbagged. We do have issues and problem spots. Please let us know and we will pass it on to ACHD. The Mayor would like to schedule a workshop prior to the retreat on the 24th of February. Look at your calendars, Ward will send out dates. Nielsen asked that they stay away from the second Tuesday. Chadwick stated that there have been issues regarding snow and flooding. The Mayor has been in contact with Ada County Emergency Management and the Council – we are aware of the problems. The Fire Chief runs point for emergency management in Star. With the resources we have it is a challenge. We are doing what we can to help people. For localized flooding, there is a pile of sand behind the Fire Department and sand bags at the Fire Station and City Hall. Resources are available. Adjournment: The meeting was adjourned at 9:21 pm. Approved: Respectfully submitted: Charlten Bell, Mayor Cathy Ward, City Clerk ---PAGE BREAK--- 10