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MINUTES 12-18-18 1 Star City Council Meeting Minutes December 18, 2018 The regular meeting of the Star City Council was held on December 18, 2018 at 7:00 pm at the Star City Hall, 10769 W. State Street in 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 and Trevor Chadwick were present; Councilman Kevin Nielsen was absent. Approval of the Agenda: Chadwick moved to approve the agenda, Keyes seconded the motion. All ayes: motion carried. Consent Agenda: Chadwick moved to approve the Consent Agenda consisting of: Regular Meeting Minutes of November 20, 2018, Workshop Minutes of November 29, 2018, Special Meeting Minutes of December 6, 2018, Claims Against the City for November 2018, Appointment of Tina Wilson to the Economic Development Committee, Resignation of Dave Hansen from the Transportation Department and Findings of Fact and Conclusions of Law for: Archway Subdivision, Sailing Hawks Subdivision and Amazon Falls II, Keyes seconded the motion. Keyes stated that line F should be corrected to state “Transportation Committee”, on the Minutes on page 2 of the November 20th under the RV Park – it should say “Star Sewer and Water District” not City and the letter should be put in place for the All ayes; motion carried. Old/New Business: Public Hearing: River Birch Golf Course Annexation and Zoning – The Mayor stated there were new people in the audience and explained the process of our public hearings. The Applicant’s Representative will present first, the Council will then be able to ask questions of the Applicant and staff, then we will have public testimony. If you want to speak, you must sign up and you have three minutes to testify, the Applicant will then address any rebuttal testimony, we will then close the public hearing and Council will move to deliberations. This is a quasi-judicial hearing, like being in a courtroom, if you want to speak you must be at the podium, clapping and talking are not permitted, we ask that you please be polite. The Mayor asked Council if they had any conflicts of interest or ex parte contact, hearing none, the Mayor opened the public hearing; and asked the Applicant to speak. Applicant: Kit Carney, Carney Reality, 225 N. 1250 Paul, Idaho, stated he would be representing this application. Their intention is to annex into Star. They have no development plans at the current time and are not planning to bulldoze the golf course. There are neighbors that want to annex into the City for further development to the east. They are asking for zoning of Residential (R2) and Mixed Use (MU). ---PAGE BREAK--- MINUTES 12-18-18 2 Chadwick asked Ward to clarify what the Comp Plan Map reflected. Ward stated that the Comp Plan Map shows Residential (R2) and Mixed Use. Chadwick stated the R2 is around the Trellis Subdivision and Mixed Use is along the highway. The Mayor stated they are asking for Residential (R2) and Mixed Use which follows our Comp Plan Map exactly. Public Testimony: Narcis Nitu, 3486 N. Rhone Place, Star, stated he is against the annexation, the landscaping is very small with small houses that are basically low-income houses. The R2 zoning is low density, but that can change. The Mayor stated that R2 is two units per acre. Nitu wants to be on the golf course and Council can take it away. The Council needs to look at what other cities do. Look at Nampa it has the highest tax base in the State of Idaho. He is against the annexation. The vision will get smaller and smaller. Developer will make the most of this land – 20 to 30 years down the road. Dale Binning, 3535 N. Verdant Place, Star, stated he recently purchased his home with the idea that it is fabulous on the golf course. He is opposed to any changes and also recognizes the owner has the right to apply for these applications. He had handled these types of applications and finds it unusual that you can annex and zone at the same time without a development plan. The R2 density can very easily be changed with a public hearing to high density. The mixed use could be considered for spot zoning. He believes that Beacon Light and Highway 16 are ready for convenience stores. He has not found out if this property is contiguous to the Trellis Subdivision, it is surrounded by this application. He doesn’t know what the access is to this property. He appreciates the owner wanting to take advantage of city services and annex into the City. It increases property value. Doesn’t know why it couldn’t stay in Ada County. Jim Kurtz, 3532 N. Rhone Place, Star, stated that he received a notification for public hearing in early November, it didn’t occur and then told December, there were six signs with different verbiage on the signs. Is this normal procedure, why the confusion? He is obviously against this. Carney mentioned property geography. The Mayor stated that it is the golf course and driving range. The Mayor stated there was a mix up with the signs and they were all fixed – the first time there was an inadequate number of signs; for the second meeting, all the signs were fixed in proper time. The Mayor stated there was a little confusion, but it was not normal procedure. It was noticed properly and in the right timeframe. Mark Rodeghiero, 3581 N. Verdant Place, Star, stated he wanted to address a point of clarification for himself. There was talk about the annexation wasn’t to change the golf course, but there was a property owner that wants to annex into Star. The Mayor stated there are several property owners that want to annex into Star. Rodeghiero stated that this doesn’t incorporate the subdivision into the City. The Mayor stated it did not. April Burton, 3086 N. Merlot Place, Star, asked if the developer is required to notify people in the adjacent area and next, she is a requesting that you delay your decision in granting the annexation and rezone as she feels that until tonight she didn’t know what property was to be rezoned and she did not see anything prior to the meeting. It is important to people living in Trellis Subdivision and thinks it would be important to all of us if it can come in at a lower density and delay for people in the area. The Mayor stated that the City has a requirement that people within the 300’ of the application will be notified. For a great distance, beyond 300’ it is ---PAGE BREAK--- MINUTES 12-18-18 3 not a requirement. The Mayor stated that’s why we put signs up. Burton stated that there was nothing but the agenda on the website. The Mayor showed the parcels being discussed tonight. Chadwick showed where all the zoning designations are reflected. It is all the golf course and driving range. The Mayor stated that all documentation is on the website. Sara Keyes, 338 Long Bay Way, Star, stated her issue is the realtor wants to sell as Mixed Use, what does that look like, is that going to be a convenience store in your backyard, is that going to be a four-plex looking down into someone’s master bedroom? She thinks that before you guys vote on this you should see where we are going. Are we going to put R2 houses on this acre – but can’t they put R2 on ten acres and put twenty houses? So, she thinks that going forward with our little town, our community, that we want to grow responsibly. See what they are going to do – see what building they are going to put in what spot before we vote on it. Applicant Rebuttal – Carney stated that there were four people that talked about developers – there are no developers, not one and no development plans. Regarding the confusion with the date, it is his fault. He spoke with Ward and misread an email. There was some confusion on the number of signs that were posted. The signs were posted were corrected by the end of the week, he apologized. The zoning is as to what the City suggested and goes directly to their Comp Plan. They do not have plans to develop the golf course, it will stay the golf course. Homeowners, there were 78 homeowners listed within 300’, three came back. Those concerns of having the glory of living on a golf course, it is a business and owned by business people. There is nothing saying he can’t plow the golf course under and plant sugar beets, as that is what his family does. He represents his family, it is not his intention to come here and sell off lots to other people. His family loves the golf course and playing golf, and they have made lots of good friends doing it. There is property to the east that want to annex as well as to the north that want out of Eagle and want to annex into Star. That will be another town hall meeting that all of you will be able to attend. The Mayor said before anyone builds there will be more public hearings, they will have to come with plans and come back before Council and everyone will have a chance to comment. The Carneys are willing to annex and zone into the City of Star, surrounding properties want to be in Star and that is the basic reason for annexing into Star. The Mayor closed the public hearing and moved to deliberations. Chadwick stated annexation and zoning matches the Comp Plan and the annexation is appropriate for the orderly growth to the north and east. We don’t have any plans so can’t say what the Mixed Use will be. He is in favor of annexing and zoning as stated. Keyes stated he would like to address a couple questions. Mr. Binning stated he had never seen annexation with a rezone at the same time. The County has different ordinances than the City. We have to annex with a zone. Spot zoning is defined in state law and it is an illegal act and it is to the benefit of the land owner and would not be in compliance with the Comprehensive Plan. Keyes talked about a development plan, the application is already developed. If it was undeveloped he couldn’t agree more. He agrees with Chadwick, it is appropriate and benefits the City and provides for orderly growth. ---PAGE BREAK--- MINUTES 12-18-18 4 Hershey stated he honestly had the same questions that were asked when he started. The concerns of the density, he will call slippage, with the way we plan the City there is no way this property would ever be anything but a luxury subdivision. It can’t be anything but that with the zoning designation. The Mixed Use is strategically along the highways. On a personal note, it is a long stretch of land that is not a shooting range. If this was undeveloped property he would want to see a development plan. There are other property owners that want to annex into Star. He does support it. Chadwick moved to approve the annexation and zoning of the Golf Course, Keyes seconded the motion. All aye: motion carried. Public Hearing: Martial Arts Studio Conditional Use Permit - The Mayor reviewed the procedures and ask Council if they had any ex parte contact or conflicts of interest. Hearing none the Mayor opened the public hearing. Tom Steele, 24673 Blessinger Road, Star, stated he has been in Star for two years. He is a black belt and wants to have classes to teach martial arts. This will be especially for the kids and adults and will have discounts for emergency services. Classes will be for both adults and children, mornings, noon and evenings. There will be about twenty students, and none of the classes will be outside the building. The business will be located next to Any Time Fitness. Public Testimony – Adam Schroeder, 12123 W. Gambrell Street, Star, stated he has known Tom for two years, he has high moral character and a great leader for our kids. This will be a great opportunity for our kids and adults. He asks that Council approve the application. The Mayor closed the public hearing and moved to deliberations. Keyes stated that a business like this is welcome and great. Keyes moved to approve the Conditional Use Permit with the five conditions of approval. Hershey seconded the motion. All aye: motion carried. Public Hearing: Star Elementary School Conditional Use Permit – The Mayor stated this is for the grade school which is due to be remodeled as the school bond has been passed. The Mayor reviewed the public hearing procedures and asked Council if they had any ex parte contact or conflicts of interest; hearing none, the Mayor opened the public hearing. The Mayor asked the Applicant to speak. Applicant – Don Hutchison, Hutchison Architects stated the application is in compliance with all items and there is no reason for denying this addition. The addition is 27,000 sq. feet and will house the gymnasium and additional classrooms. The old gymnasium will be removed. Chadwick asked about the sixty-seven parking spaces shown. Hutchison stated the gym will be posted to meet the requirements for parking. Chadwick asked if there was a way to move the garbage dumpsters closer to Star Road? He would prefer to have it away from houses. Chadwick asked if the road was expanded per Chief Timinsky. Hutchison stated the road ---PAGE BREAK--- MINUTES 12-18-18 5 extension was already done. Hutchison will look at the garbage dumpsters but is wondering why Chadwick wants it closer to Star Road. Nielsen asked if the legal description had been solved. Hutchison stated that it had. The cornerstone for the gym will be saved. Keyes stated given the odd times we live in, have you had a chance to consult with our Police Chief regarding safety. Hutchison stated that had nothing to do with them. The Mayor stated that the Fire and Police Chiefs have met with the school and covered all the designs for safety and have included all of it after the bond was approved. Chadwick asked about the time frame. Hutchison stated that it will go out to bid in January and then about 14-months for construction. The Mayor stated they will be adding 27,000 sq. feet which will include the gym and six classrooms. It will remove the old gym and modulars. Public Testimony – Tammy Dickerson, 583 N. Star Road, Star, stated she is exuberant about the project. On another note there are two sources of water in the parking lot and one is drinking water and she asked what they would be doing with it. Applicant Rebuttal – Hutchison stated that he would like to say he knows all about the water lines, but we don’t. They will find out before we change things. Dickerson is concerned about irrigation. The Mayor declared the public hearing closed. Council moved to deliberations. Chadwick stated he approves of this project and it is much needed and a welcomed addition. He would like Hutchison to rethink the garbage location so as to not disturb the neighbors and require the occupancy of the gym to match the parking requirement. Keyes stated this is a great project for City and awesome for the kids in City of Star. It will be an asset to the City. He supports the project. Nielsen moved to approve File CU-18-08 for the elementary school. Hershey seconded the motion. Nielsen amended his motion to add the seven conditions of approval and added to the motion to include the review and possibly relocation of the garbage dumpster. Hershey amended his seconded. All ayes: motion carried. Resolution No. 2018-10 Authorizing Destruction of Records – Yorgason explained the statute of what we do with records. Keyes stated that one of the items in the list of records was discussion on Mule Days, are they records of historical value. Ward stated they were not. Keyes moved to approve Resolution No. 2018-10, Chadwick seconded the motion. All ayes: motion carried. Reports: ---PAGE BREAK--- MINUTES 12-18-18 6 Staff - Chief Vogt stated the Shop with the Sheriff was a big hit, they had 104 kids with eight from Star. It was a nice event with a great turnout. Ward stated she sent out several emails for items Council wanted and apologized for them not being in one email. Yorgason is working on the property being declared, Council has determined the price, then we will hold a public hearing and then hire auctioneer and move forward. Council – Hershey stated this Friday the Star Outreach will be at LifeSprings Church handing out gifts, they always need volunteers. He was at the Fire meeting and everyone is in support of the new firehouse. Keyes stated this is the last meeting of the year. The Welcome to Star signs continue to progress, they may be painted, they have a couple spots to locate them. The AIC Legislative summit was an overview of the state tax budget, a discussion on revenue sharing. The Chiefs are proposing fireworks laws. AIC City Officials at the Capitol is coming up and all are invited. He asked the Mayor for an update of the $15,000. Chadwick stated he sat in on the fire meeting and helped Keyes to measure out the signs. The Mayor and Chadwick are working on corridor stuff – plans with ITD approval the $90 million dollars project. Committee will be getting back together after the first of year. Nielsen stated the EDC has proposals for an upcoming meeting. Tina is a member of the community. The Committee has renewed fire. Mayor – The Mayor stated he did attend the COMPASS board meeting yesterday and they did approve the $90 million for the highway. Also, Governor Otter has asked that Star be his last stop for “Capital for A Day”, it will be Thursday from 9 am to 3 pm – it is opened to the public. Council did approve the join acquisition of a building for the Fire District. The Fire District will over time purchase the building. It will save the taxpayers millions of dollars and signing will transpire on the 26th. The Mayor and Chief will meet at the bank to take care of the money. The Mayor handed out gift cards from the City. We have not received a response from the hockey rink. Adjournment: The Mayor adjourned the meeting at 8:11 pm. Approved: Respectfully submitted: Charlton Bell, Mayor Cathy Ward, City Clerk