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1 Star City Council Meeting Minutes August 21, 2018 The regular meeting of the Star City Council was held on August 21, 2018 at 7:00 pm at the Star City Hall, 10769 W. State Street, Star, Idaho. Mayor Chad Bell called the meeting to order and all stood for the Pledge of Allegiance. Roll Call: Councilmen David Hershey, Michael Keyes, Trevor Chadwick and Kevin Nielsen were all present. Approval of the Agenda: Chadwick moved to approve the agenda, Hershey seconded the motion. All ayes, motion carried. Consent Agenda: Chadwick moved to approve the Consent Agenda consisting of: Special Meeting Minutes of July 24, 2018 and Findings of Fact & Conclusions of Law for Amazon Falls Annexation, Zoning and Preliminary Plat, Keyes seconded the motion. Discussion - Nielsen stated there was a correction on the last page on the minutes. The second to last paragraph, Nielsen stated that in the sentence regarding the Comp Plan Map – his comment was “he felt we were not nearly far enough along to include”. All ayes: motion carried. Old/New Business: Public Hearing: Amazon Falls II – The Mayor stated this application is to be tabled to September 18, 2018. Keyes moved to table the Amazon Falls II public hearing to September 18, 2018, Chadwick seconded the motion. All ayes: motion carried. Public Hearing: Eagle Christian Church – The Mayor stated that this application is for annexation and zoning and a conditional use for the Eagle Christian Church. The Mayor explained the public hearing process: we will have the applicant speak, Council may ask questions, staff will speak with any additional comments and then the public will testify and to please sign in on the sheet. The public will be limited to three minutes. The applicant will then provide rebuttal of the testimony. Council may then ask any further questions. The public hearing will close, and Council will deliberate. The Mayor reminded all that this is a quasi-judicial hearing and the person at the podium has the right to speak and be heard, there will be no clapping. The Mayor asked if the Council has had any ex parte contact or conflicts of interest. Keyes stated that he does attend this church. Chadwick stated that he works for the people that are bidding construction of the building but turned it over to another person to avoid conflict. Yorgason stated that Chadwick does have ex parte contact, so it was appropriate to declare it. The Mayor declared the public hearing open and asked the applicant to speak. Applicant: John Rennison, representing the Eagle Christian Church, stated the project is straightforward. Rennison stated that Ward has done a great job of putting the staff report together and they agree with it. He gave a brief overview of the project. Eagle Christian Church is south of State Street and east of Short Road. The Church has purchased additional property with a plan to build a business building. The plan did include a grander plan, but ACHD requested a substantial amount of improvements along Moon ---PAGE BREAK--- 2 Valley Road and Short Lane. They have worked with ACHD and decided to remove the youth center from the project right now along with the ball fields. Currently it will just be the addition of the office building. The zoning is for residential R10 which permits everything with the exception of the Church and it requires a conditional use permit. That constitutes the request. Rennison would like to revisit the staff report regarding the sidewalk along State Street. The State is planning for improvements for Linder to Highway 16 and they do have the funding for it. They are planning to construct it in 2021 and that timeframe could be accelerated. They do tie into the pathway plan. The federal highway funding includes a pathway to be included in the plan. It does not have to be constructed with the widening but is required with the funding. As this area continues to expand, there are lots of things going on, they would like to let that plan evolve and then fill in what is needed. We do have some images of the administration building. The architectural theme is the same as the church will be about 9,000 sq. feet and they will overbuild the parking lot to accommodate spill over from Church on Sunday. Keyes appreciates the Church being willing to agree to the site-specific conditions of approval, and asked if they are they okay with the ACHD requirements. Rennison stated they were. Staff – Ward stated that there is a new letter from ACHD regarding the Conditional Use and the Commission has waived the conditions for curb, gutter and sidewalk until further development. Public Testimony – Michael Traficante, 301 N. Selwood, Star, stated this parcel is a very important part of the pathway plan being considered by his committee and would ask Council to consider this. He believes the project is beautiful. This is a large connectivity piece. He likes the youth center and baseball fields all in good time. Would like the pathway to be considered. Dr. Crane, 1688 W. Covenent Hill Court, Eagle, stated he is in favor of a pathway, but doesn’t want a pathway to nowhere. The sooner the better. Applicant rebuttal - No rebuttal was provided. Council questions – Council did not have any questions of the applicant. The Mayor declared the public hearing closed. Chadwick stated he had attended a COMPASS meeting regarding this corridor. They talked pathway; he indicated that the pathway would be put in as the second phase. He doesn’t feel that the Church should have to put in a pathway to nowhere. The pathway will connect from Stillwater by the sewer and water in Eagle to Can Ada and will happen in 2023. It will be an asphalt pathway coming all the way down the 44 corridor. We have talked about this in the committees but will be discussing it later. Nielsen asked how this fits in with the City’s plan. Chadwick stated it will connect and go toward the river walk. Nielsen asked if the design is of a concrete, curb and gutter and will it be extended to 16. Chadwick stated that it goes from concrete, curb and gutter to concrete, there is no sidewalk on the other side. Chadwick stated that it will be an asphalt path. Nielsen is concerned with the design element and continuity with what we have downtowns look and feel. Chadwick stated he gets that you are asking if we want concrete down to 16. Nielsen is talking about what we have currently, and will it be extended toward Highway 16. Chadwick stated that it is entirely up to ITD on how they design it. The Mayor stated that he was sure they would do whatever we want. Chadwick stated that part of what we are talking about is running this down and under our bridge to the river walk and they are talking to ITD about that now. Nielsen is not really in favor of asphalt, he would rather see the continuity and ---PAGE BREAK--- 3 design. Chadwick stated that is something we can discuss with ITD later. Chadwick doesn’t think this is something that we can require of the Church right now. Nielsen stated that we require it of every other applicant along Highway 44. Chadwick doesn’t know of anyone we required it on. He believes that area is a different aspect. Chadwick asked if we are sending people down to cross over 16 on a sidewalk. Nielsen stated that we are not talking about sending people anywhere, he is talking about design continuity and downtown look and feel. Chadwick asked what the downtown look and feel is to you, and how far. Nielsen stated that it is consistency. Chadwick stated that if we were to do a path from Highway 16 to the river you would want that concrete. Nielsen stated that he would not. Chadwick asked what the difference was. Nielsen stated Highway 44. Chadwick does not agree with that. He thinks if its federal funds we leave it in ITD’s hands, they must buy the right-of-ways to put the paths in, that’s entirely up to them, it is not our design. What happens if we have the Church put a concrete sidewalk in and ITD puts an asphalt path in. Nielsen is not trying to argue, he is done. Keyes asked Councilman Nielsen if he is suggesting that we should condition this that if any pathway or sidewalk goes in front of the Church that it match whatever ITD does on either side of it. Nielsen stated that is what he would like to see. Keyes asked if that sounded unreasonable to anybody. Chadwick stated that we are talking three years before we are going to get a conceptual design of what that is going to look like. Nielsen stated that one of the biggest criticisms that the City of Star has is the lack of quality in our downtown, it is jumbled, there is no look and feel, no actual downtown. If we are going to consider Highway 44 as our downtown corridor why wouldn’t we want to have a consistent design element all the way up and down. Chadwick stated that is something that we take up with ITD. Nielsen stated we can condition this application like we do with every other applicant to match our design code. Chadwick disagrees. Hershey stated that the language that matches the ITD stipulation is fine. We are talking 2023, a lot of things are going to change, development is going to happen, roads are going to widen. He doesn’t want to set too much of a course as to what those paths are going to look like right now if they will match the design. Nielsen stated that we have a current design standard why can’t we have them match that. Chadwick stated that when you’re talking design standard your talking concrete. Design standard of curb, gutter and sidewalk. Hershey stated that ITD has a stipulation and if they match that Hershey is fine with that. Legal Counsel, Chris Yorgason, stated that he wants to make sure the comments stay relevant to this application, sometimes we are straying, we need to make sure we stay relevant to conditions you are placing on this application. How it looks or how it’s going to look may not be relevant to this application. What he is saying is – stay on topic. The Mayor stated that he feels it is very appropriate to condition an application, as they are asking to come into our City. He is sure there will be an appropriate time when the pathway is built that it will be built to our design. Nielsen stated that it is a beautiful building and will only be enhanced by following our design standards. The Mayor stated that the condition doesn’t have to say concrete or asphalt, it is whatever we require, the Applicant will be required to follow. Nielsen moved to approve the application AZ-18-02 annexation and zoning and CU-18-01 conditional use permit with the conditions of approval adding that the Applicant complies with the City’s requirements for pathway and streetlights when the time comes on Highway 44, Keyes seconded the ---PAGE BREAK--- 4 motion. Chadwick asked if we have to approve the applications in a specific order. Is the motion in the right order? Yorgason stated that it was. The Mayor asked if there was any further discussion. Keyes stated he is greatly surprised that no one asked to rename of the church. All ayes: motion carried. Ordinance No. 274 Medley Property Annexation & Zoning: Hershey 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, to be dispensed with and that Ordinance No. 274 be considered after reading once by title only, Keyes seconded the motion. Roll Call: Hershey – aye, Keyes – aye, Chadwick – aye, Nielsen – aye: motion carried. Chadwick moved to approve Ordinance No. 274, an Ordinance annexing to the City of Star certain real property owned by Terry & Kimberly Medley, located at 12160 W. New Hope Road, in the unincorporated area of Ada County, Idaho, and contiguous to the City of Star establishing the zoning classification of the annexed property as Residential (R2) of approximately 10.25 acres; directing that certified copies of this Ordinance be filed as provided by law; providing for related matters; and providing an effective date, Hershey seconded the motion. All ayes: motion carried. Executive Session: Nielsen moved to go into Executive Session under Idaho Code Statute 704-206 Pending Litigation, Chadwick seconded the motion. Hershey – aye, Keyes – aye, Chadwick – aye, Nielsen – aye: motion carried. Reports: Council – Hershey stated that he missed the Fire meeting due to city workshop. Keyes stated he attended the grand opening of Star Middle School. They have a team, the “Council Critters”, which are entered in the Chili Cook off. He is going on vacation until September 3. Chadwick attended the COMPASS meeting last week, they talked about the 44 corridor. He will write something up and to put on the Facebook page. They talked about seven lanes for Linder Road. Chadwick asked if Brook from ACHD is on schedule for the September 4th meeting. Ward stated she was and VRT will also be at that meeting. Chadwick’s committee meeting is working on a pathway for the Middle School. Ward has secured part of the pathway and is working on additional parts. We will need to provide legal details. Nielsen stated he is trying to get the EDC put back together, they may need more members. Now that we have a plan in place we can get back to it. He asked when the Blake Park parking lot will it be fixed. The Mayor stated we will get it fixed. Mayor – The Master Plan for the school site is very nice. They don’t plan on putting buildings on the property across the road but want to partner with the City on developing the property. The City’s part would be installing the big sports lights. Keyes asked about the two lots at Hunter’s Creek. The Mayor stated we need to schedule a public hearing. ---PAGE BREAK--- 5 Adjournment: The Mayor adjourned the meeting at 8:01 pm. Approved: Respectfully submitted: Charlten Bell, Mayor Cathy Ward, City Clerk