Document Star_doc_5efff121cb

Star City Council Meeting Minutes June 19, 2018 The regular meeting of the Star City Council was held on June 19, 2018 at 7:00 pm at Star City Hall, 10769 W. State Street, Star, Idaho. Mayor Chad Bell called the meeting to order at 7:00 pm 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 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 June 5, 2018 and Findings of Fact & Conclusions of Law for Silkwood Subdivision and Sumpter Cove Subdivision, Keyes seconded the motion. All ayes: motion carried. Presentations: Audit Report for 2016-2017 – Jared Zwygart – Jordan Zwygart, Millington Zwygart, stated their firm did the annual audit for the City’s 2017 fiscal year. The letter on top basically states they had no issues getting to files to review. Page one of the audit states that this is the City’s audit for the 2017 fiscal year. Page five is the Balance Sheet for the year end and he noted the cash amount is the cash in savings. Overall the City had $4,000,000 in assets. Page seven shows the revenue and expenses for the year and noted most of the revenue is from taxes and permits. Page thirteen shows the accounts where cash is reported. On page sixteen there is a note regarding the City’s employee retirement plan. Zwygart pointed out there was a balance due on the city credit card, which has subsequently been paid off. From page seventeen, Zwygart gave a general overview of what was budgeted and what was spent. Pages nineteen through twenty-one shows a breakdown in more detail of what was budgeted and what was spent. On page twenty-two it explains that Idaho government agencies must look at compliance and internal control. Zwygart stated their firm felt the City had good internal controls with multiple eyes looking at invoices and bank statements. Keyes asked how our city compared to other entities. Zwygart stated we looked good as we have 1.2 million in reserves. Nielsen asked if there was a timeframe as to when an audit needs to be done; he would like to see it done earlier if possible; if there were problems he would like to know sooner than later. Zwygart stated they could work with the Mayor and Ward on the timeframe. By state statute it has to be done by June to get to the State Auditor on time. Mayor Bell stated they will put approval of the audit on the next agenda. He explained they have a purpose for the money in reserve for some projects; the City tries to pay for projects with cash and to keep a year of expense money in reserve. Transportation Plan Presentation – Mark Butler – Mayor Bell asked Mark Butler, a contract planner for the City, to do a presentation for the transportation plan. Butler explained one of the first tasks assigned to him by the Mayor was to create an economic corridor access plan. Tonight he is presenting a plan to the Council, if they like what they see then the Mayor will schedule a public hearing, send out ---PAGE BREAK--- notice, take input from the public, and ultimately adopt the plan by Resolution. The next step is for himself, Dave Szplett, and a licensed traffic engineer to work together to submit the plan to ITD to request a signal at Hamlin and Highway 44 and a signal at Moyle Lane and Highway 44. He was asked to plan for accesses from Taurus to Palmer Lane in this first phase and will later plan from Taurus going west. Butler explained the process he went through gathering maps, talking with property owners, looking at aerial topography maps, driving to view some sites and laying out a grid system. They used the City's comp plan and his understanding of the market and came up with reasonable uses in the future for planning. Dave Szplett then looked at the roadway system and calculated the number of cars and compared this with COMPASS's numbers. They have met with ITD and ACHD representatives and with large property owners along this corridor and got their input. From this process, he is presenting the plan before them tonight. If they like the concept, the next step is to schedule a public hearing and approve by resolution. Chadwick asked that on the map he talked about signals at Hamlin and Moyle and on the map there are several other ones, was he also proposing them. Butler explained they are seeing two signals at the interchange that are in ITD's plans, and ITD is also planning for one at Palmer and at Plummer and possibly at Seneca Springs. We do not need to apply for signals ITD is already planning for. Butler pointed out that Hamlin is not at the half section, the half section is at Short Lane. If you go by IDAPA rules it calls for signals at half sections or half mile intervals. Therefore, ITD and ACHD are fairly adamant we have to have a signal at Short Lane. This doesn't work for our economic viability and he recommends we stick with Hamlin. He has talked to the property owners to the north and they are willing to work with the City to put Short to the north if that is needed and then cut across to Hamlin. Keyes noted they have been told they cannot have a light at Moyle and asked Butler to explain how we might be able to get this. Butler explained that the language in the IDAPA rules have changed to not only consider car movement, but also to work with cities on their economic corridors and plans. We can now apply for an exception based on economic plans. Nielsen thanked Keyes for asking this question and explained that was exactly what ITD has told them; that it was possible to apply for an exception. Butler will work with the Mayor to set a public hearing date. Old/New Business: Public Hearing – Amazon Falls Subdivision – Annexation/Zoning/Preliminary Plat - The Mayor reviewed the procedure for public hearing. We will have a presentation by the applicant, staff comments, Council questions, move to public input (limiting speaking to 3 minutes), hear applicant rebuttal, then close the public hearing and move to deliberations. The Mayor asked the Council for any ex parte contact or conflicts of interest, hearing none the Mayor declared the public hearing open and asked the Applicant to speak. Applicant – Chris Todd, 4222 W. Emerald Street, Boise, Idaho, stated he was representing the Miller Family, owners of the project, as well as the potential builders of the project. He explained they have divided the property into two applications, the first is for the annexation and zoning and preliminary plat for Amazon Falls subdivision consisting of 46 buildable units, and each is a four-plex similar to townhouses. The preliminary plat is for the northern portion of the plat only. They have been working on access from Hamlin and Highway 44. They have a cross access easement in place with Mark Bottles for the property to the west for access to the east of their property. They are coordinating for extension of services for sewer and water and public utilities. Water will come from the homestead across the street and sewer from Shultz Street and they have a development agreement in place with Eagle ---PAGE BREAK--- Crossroads to work together which states who is responsible for what and who will pay what costs. They have preliminary approval from the Star Sewer & Water District that they have capacity. Todd noted that the Northeast corner of State and Highway 16 is a big target for commercial and industrial economic growth and per the transportation plan from Butler, Hamlin will serve as a great connection to the frontage roads for businesses along Highway 16. A letter came in late from ACHD and they are in favor of the project. They do not have Hamlin dedicated to them yet, as there are some improvements that need to be done by ITD. Todd pointed out Pembridge will be an east/west collector street from Hamlin to presently a dead end on their east boundary. They will put in a temporary emergency turnaround for emergency vehicles. They have committed to building Pembridge but would like to wait to do curb, gutters, and sidewalk on the south side until they come in with phase two of the southern portion. On the northeast corner of the property is some low land and they will have to leave that wetland alone. On the northwest corner they are showing two drainage ponds but are not sure what the drainage ponds will be like until they get through the construction drawings and work with Middleton Mill. It will be the location for their pump station for pressurized irrigation. On the western boundary they show it as an open area with landscaping as a buffer along Hamlin. Some of the amenities for the subdivision include BBQ and gazebos areas, and the central part will include a clubhouse, gazebo, splash pad for kids, and a pool for the community. The clubhouse will have a manager’s office and bike storage. Per staff report they may consider attaching the mail room to the clubhouse though they usually have a separate building so residents can get mail from both sides and it is usually easier for mail delivery. The plan depicts a large playground to the north that will be fenced and have a gazebo in front of the habitat area on the northeast corner. Todd noted they have put in more parking than what is required. They would like the southern portion to be a separate application, as they’d like to work through some issues. They originally were asking for high density as it matches the Comp Plan but understand there are some changes going on and are looking at some different zoning. The owner/developer is open to discussion as to whether it will be commercial or mixed use and understands that can’t happen tonight and might need to be re-noticed. A lot of what can go on the southern portion depends on where the intersection will go. Council – Hershey stated he did not have the Fire Chief’s current letter and wanted to know if everything had been addressed. Todd stated yes they had, and passed out a copy of the updated letter from the Fire Chief. Keyes asked about the drainage ditch on the west side of the property and asked if their intention was to make it an amenity or maintaining it for irrigation; will they be doing any mediation to prevent kids from getting into trouble. Todd stated they would be fencing per Ward’s request as they plan to leave it open and will landscape it with natural plants and plants recommended by Fish and Game. Keyes asked about the six conditions the City Engineer recommended before approval. Todd stated that in the packet of information he gave the Council it addresses them and he had sent items one through six to the City the beginning of May updating some legal descriptions, and lots and block, and some common lots. He did not know the City engineer hadn't received them and contacted him today and sent them to the City engineer to review. If it needs to be checked, they are open to making it a condition of approval. Keyes stated he would like it to be a condition. Keyes mentioned the letter from Fish and Wildlife and they had mentioned some recommendations for remediation. Todd pointed to a northerly area on the map and stated they are planning to conserve and improve it. Currently it is a low muddy spot and in the summer it is a dry spot; they plan on improving it. As to the second part of the letter, the pond to the south is not a natural pond and was constructed by a property owner pulling out gravel. ---PAGE BREAK--- They are looking at making it larger, deeper and longer for an amenity south of Pembridge; but realize they will need an agreement with the drainage district. They have sent the plant list from Fish and Wildlife to their architect to incorporate into the landscape plans. Keyes stated he felt this all fits with the new corridor management plan and would like to hear Butler's comments on how this all fits with the proposed plan. The Mayor explained that when Butler said he talked with landowners this was who he talked with to make sure that in the event Hamlin does not become what we hope it will be, that if it moves to Short Lane they can work around it and they agreed to work with us if that becomes the case. Todd explained that when looking at the south piece, when you take out the natural features and drainage it sort of limits their options. In his opinion access off Hamlin is vital. They are willing to work with the City if access has to be moved further to the east. When you look at Short Road it has many issues including buried utilities that would need to be moved and the joining of two large drainage ditches with setbacks. Chadwick asked if Pembridge Drive couldn't be made 40 feet wide, curb-to-curb, so it could also accommodate a turn lane. He believed ACHD also addressed this in their letter. He believed it will need to be wider if this will be a corridor road and it leaves an option if they can't have Hamlin; it will leave a larger travel way for vehicles to get through there. Todd stated they possibly could add the four feet to the south side of Pembridge so it did not change the plat. He will talk with his team and address at rebuttal. Chadwick stated he appreciated all the amenities they are showing and asked Todd to explain the mail; on their drawing they are showing it on the outside and the staff report states it is inside the clubhouse. Todd noted in staff recommendations it states it is proposed for inside the clubhouse, but they are recommending placing mail boxes outside the clubhouse in a shelter. The postal service likes a one stop mail delivery site. Hershey commented he likes the idea of the BBQ picnic areas and the gazebo; it gives a sense of community. Chadwick asked if the ditch on the west side would be fenced on both sides; to which Todd stated they would only fence one side. Chadwick asked if it could be tiled. The Mayor asked if both sides of the ditch were on their property. Todd state there is a cross access easement with the neighbor to the west because they own a strip of land that is east of Hamlin that borders the ditch. It may be a possibility that when that property comes into the City they can look at having them fence the other side. Chadwick stated he felt tiling would be a more attractive option. Nielsen asked if the ditch company had an easement along the ditch; to which Todd stated they did on their side. Staff – Mark Butler noted he had found there is a spite strip, a strip of land, between Hamlin and Eagle Crossroads. He wanted to make the Council aware the City needs to be sure there is a public road across this strip to get to Hamlin; and Todd had noted there is a cross access agreement. Butler felt it was important they add a couple of condition to their approval of the subdivision. He recommended adding four additional conditions to the preliminary plat: 1) prior to final plat being submitted the public road extension of Pembridge Drive to Hamlin shall be obtained, 2) have a secondary connection to the north, 3) make sure Hamlin is accepted by ADHD, and 4) there is another spite strip which means Hamlin does not touch Highway 44. There is a piece of private property owned by Eagle Crossroads; there should be something that says "the private property - spite strip south of Hamlin shall be dedicated as a public right-of-way prior to submittal of final plat”. All are things that have been agreed to by the owner and needs to be in writing. Another item was Ward had put in the staff report Council would prefer commercial put in to the southeast; from a planning perspective that is really important. Both he and Todd think it is wise that the south piece be commercial. He stated he felt it would be wise ---PAGE BREAK--- to annex the northern portion of the property with an R-13 zoning and the conditions. On the south side there needs to be more discussion; does it get tabled or remanded back to staff to submit a new application (hopefully waiving the fees) and work through the details of what happens on the south side with maybe a development agreement to be assured if we don't get Hamlin there is some language in there that says the owner will work with us for a way north through their property. The development agreement will give you more authority when wanting a road through someone's property. Butler stood for questions. Public Input – Michael Traficante, 301 S. Selwood Way, Star, Idaho, stated he felt the application was a start to solving some problems regarding housing shortage. He discussed the future of these building and the fact they may have separate ownership. He would like to see some sort of agreement in place that would transfer responsibility of the upkeep on buildings, roads, amenities, and landscaping to the owners and see that a reserve account is set up to pay for these cost of maintenance. Barbara Wilder, 7320 W. State Street, Eagle, Idaho, stated her property borders the property being talked about. She stated she wanted it on record that at the present time they are opposed to the multi-family units as the traffic on State Street is horrible. If they are approved she asked the Council to consider traffic, irrigation ditches, where is their water going to go, fencing as they have livestock, and dogs running loose. Unless these concerns are addressed, they oppose approval. Rebuttal - Todd stated Butler had already talked about the conditions for Pembridge and they're okay with that, and Hamlin being accepted by ACHD, and the spite strip. In regards to Traficante's comments they definitely want it to be a good development. CC&R's will be required prior to final plat for upkeep of exterior maintenance and parking. In the CC&R's there will be reference speaking to the parking of two spots per unit, as well as this going to the title company so when someone purchased a unit they understand they have one covered and one open parking spot. They were able to increase the parking above the minimum required, to 420 spots, so this should help alleviate some of the concerns other places get. Regarding Mrs. Wilder's comments, he knows there are plans to expand Highway 44 from Linder to Highway 16; though not sure when will happen. He felt the transportation plan the City is putting forward will help raise the profile that this is needed and is a necessity, not just a want. Mayor Bell asked Todd if he would address fencing along their property and Wilder's property. Todd noted Wilder's property is to the east and it looks like they control a lot of property for future growth. They can look at fencing along the eastern side. They had previously looked at fencing the eastern boundary but a deterrent was the possibility of roads along that edge for a north/south connection from the highway. For the northern boundary, Schultz from Highway 16 goes east and jogs down. In the future when properties develop Schultz will have to be extended to Palmer. Nielsen asked in regards to maintenance for long term of the units, would they consider putting something in the CC&R's that would require the maintenance of all of these be planned in advance and funded through regular HOA dues so that painting and road surfacing happens on a regular basis. Todd stated they are open to that. Something new for HOA's, and especially investment properties, is it is now a requirement that a minimum of ten percent of budget income must go into a capital reserve fund for upkeep or for bigger projects in order for anyone to ever lend on them. Keyes asked in reference to Wilder's concerns, Idaho is a right to farm state; would they be willing to go above and put in their CC&R's notifying owners, potential buyers and tenants that there is agricultural land around them? Todd replied they could do this. ---PAGE BREAK--- Mayor Bell stated he had questions between the north and south parcels. The plat presented is for the north portion. The City's desire is for a good portion of the south parcel to be commercial, especially the portion that fronts Highway 44. He stated he would like to table the parcel to the south and have them reapply, without fees as suggested by Butler. Todd stated they would be in agreement and meeting with Butler to talk about that area because they would need some collaboration so it wasn't just a guessing game. As they generally do residential, they would like to be able to put some in residential, possibly twenty to thirty percent. They realize it is in the City's best interest to have commercial along the highway and tying in with other businesses. He asked for a month or so to reapply. Keyes asked in regards to discussing the southern parcel, the City is looking to put in City monument signs. He asked if they would be open to granting an easement to placing a sign along the highway frontage on the eastern side of the parcel. Todd stated a possibility would be where Short Road terminated into the property. He stated yes, they would be open to placing a sign on the property and could put in as collaboration with the City in finding a location. They would be happy to welcome people to Star on their property. Hershey asked if he had stated they only needed about a month to figure out the southern parcels. Todd stated the leg work is there and with the support of Butler and getting comments in writing from agencies will be a key to this. As soon as they can get something on the access they can hit the ground running and could possibly do a good plan in a month or possibly have it tabled for two months. The Mayor stated he felt it was more realistic to look at sixty days when considering agency notices, so we’re probably looking at the second meeting in August. Chadwick asked if they had chatted about the road and tiling the ditch. Todd stated he had spoken with his colleagues and they felt they would like to not have to tile at this time due to the road that is there and due to the sheer size of it and the embankment. For the four feet of right-of-way they would be happy to do along the south side of Pembridge and to fencing along the western boundary. Mayor Bell asked if they would be agreeable to wrought iron fencing. Todd stated they would on the west side. The Mayor closed the public hearing and moved to deliberations. Hershey stated that with all the discussion they had, all his objections have been answered and he would definitely like to table the southern portion to turn it more towards commercial. He believed they have addressed the concerns of the public with the CC&R's. He noted because of the road issues they have to work out, what happens is a little bit up in the air. He had no objection if they have all the extra conditions in place. He also noted he likes having the extra parking. Chadwick stated it is important that Pembridge Drive be forty feet from curb to curb. He is in agreement to have the southern portion put off and is okay with the conditions that have been brought up. Keyes thanked the applicant and felt he worked admirably with staff and the Council. He stated that ultimately this will be an asset to the City and is in favor of moving forward with this as discussed. Nielsen read the conditions discussed and he had made note of: 1) Before final plat public right-of-way extension of Pembridge to Hamlin needs to be put in place; 2) Secondary connection to the north needs to be identified and defined; 3) Hamlin Road is accepted by ACHD and brought up to their standards; ---PAGE BREAK--- 4) Private property between Hamlin and 44 shall be deeded as a public right-of-way to allow for the connection of Hamlin to Highway 44; 5) Language added to CC&R's to include collection of dues dedicated and held in reserve for the regular maintenance of streets, amenities, landscaping, paint and finishing of all buildings regardless of ownership; 6) Include language recognizing and alerting owners and tenants to the surrounding areas agricultural use and the right to farm; 7) Wrought iron fencing to be placed along the ditch at the west side of property; 8) Forty foot road width for East Pembridge Drive and the curb and gutter on the south side of Pembridge does not have to be installed until the second phase when the southern property is developed. Keyes asked if they wanted to add the six conditions from the engineers; and Nielsen asked if we wanted verification. The Mayor noted it was already a part of the staff recommendations, item number eleven. Chadwick asked who was responsible to make Hamlin ACHD approved. The Mayor explained that's the dilemma that's been going on; ITD should have built it to ACHD standards. Chadwick asked if we could make this a condition, what if Hamlin is never accepted by ACHD. He wants to look at the rights of the property owner. The Mayor explained someone has to bring it up to ACHD standards or ACHD will never accept is as a public road. Either ITD, the applicant or a conglomeration of applicants will have to do it or we can never have building going on there. Chadwick asked the City Attorney if they could make this a condition. Yorgason stated as the Mayor said it will have to be an acceptable road before you can use it. They will all have to work together to make it happen. The road has to be built to ACHD standards to be accepted as a public road. Nielsen moved to approve AZ-18-04 and PP-18-04 with the twelve conditions of approval as noted in staff report and adding the following conditions: 1) before the final plat is approved the public right-of- way is extended from Pembridge to Hamlin; 2) a secondary connection to the north of the property ; 3) Hamlin Road is accepted by ACHD ; 4) that the private property between Hamlin and 44 shall be deeded as a public right-of-way to allow for the connection of Hamlin to Highway 44; 5) language added to CC&R's to include collection of dues dedicated and held in reserve for the regular maintenance, repair or replacement of streets, amenities, landscaping, paint and finishing of all buildings regardless of ownership; 6) the CC&R's also include language recognizing and alerting owners and tenants to the surrounding areas agricultural use and the right to farm; 7) that wrought iron fencing is placed along the ditch of the west side of property; 8) East Pembridge Drive to be built to a forty foot width to allow for a turn lane and that the south side curbs and gutter is allowed to be delayed until the southern property is developed; and to table the decision on the south portion until the second meeting in August which is the 21st of August 2018, Hershey seconded the motion. Chadwick questioned the condition stating private property shall be deeded as part of right-of-way connecting from Hamlin to 44; as far as he can tell none of the property is theirs. The Mayor explained that was correct, they will have to enter into agreements to do that. Nielsen stated the applicant had stated they have already done that. All ayes: motion carried. Public Hearing – Dixon Property – Annexation & Zoning - The Mayor explained this application was for an annexation and zoning only, there is no preliminary plat or proposed development with this application. He stated the public hearing process will be the same as before and asked the Council for ---PAGE BREAK--- any ex parte contact or conflicts of interest, hearing none the Mayor declared the public hearing open and asked the Applicant to speak. Applicant – Caleb LeClair, 332 N. Broadmore Way, Nampa, Idaho, stated his firm is acting as the engineers and surveyors for Michal and Carol Dixon, the applicants for this project. He thanked the staff for their assistance through the process and stated they agree with the findings and recommendations in the staff report. He explained they are asking to annex and zone approximately 57 acres of land and for a mixed use land designation. The proposed zoning is in conformance with the City’s land use plan. There are no development plans at this time, the annexation will just set the land up for future development. Access is currently from Feather Feather Road and any internal circulation will be better defined with future plans and traffic analysis. Applicant is aware there will most likely be no direct access from Highway 16 allowed. In discussions with the Star Sewer & Water District there is sufficient capacity and the water and sewer mains are in at North Pollard Lane to the west. Utilities will be extended from the west to the east at the time of property development. There were no objections voiced at the April 11, 2018 neighborhood meeting. Upon reviewing the agency letters they didn’t find any objections or comments of concerns. LeClair asked for approval of the application and stood for questions. Council - Keyes noted when he looks at the parcel there is a school to the West and realizes there can be a variety of uses. The Council is looking for a mixture of commercial or light industrial along the highway. He asked LaClair if they would be open to a concept of the western parcel to be residential and the eastern parcel to be something else. LaClair stated he believed they would be open to that. Keyes stated that since he was looking for locations to place city entry signs, would they be willing to grant the City an easement for a sign to the north of the property. LaClair stated he thought they might be willing to consider it, but he couldn’t speak for them at this time. Nielsen asked why the owners desired the mixed use zoning designation. LaClair stated it is compliant with the Comp Plan and is fairly open with as much variety as possible for future development. What’s nice about it is it does provide a variety of uses which require a conditional use and that will provide for additional public comments. Staff – No additional comments from staff. Public Input – No public testimony was given. The Mayor closed the public hearing and moved to deliberations. Chadwick stated he appreciated them coming into the City and believes mixed use was a good designation as its many uses will allow them the opportunity to review future applications. He is in favor of approving the application. Hershey stated he agreed with Chadwick, and likes the variety and control that mixed use will give them; and allows them and the pubic a second chance to review what comes in. Chadwick moved to approve file AZ-18-05 Annexation and Zoning for the Dixon Property with a Mixed Use land designation, with the five conditions as noted in the staff report, Keyes seconded the motion. All ayes: motion carried. ---PAGE BREAK--- Public Hearing – Seyedbagheri Properties - Rezone - The Mayor asked Council for any ex parte contact or conflicts of interest, hearing none the Mayor declared the public hearing open and asked the Applicant to speak. Applicant – Brittany Teodorescu, 2789 S. Liberty Street, Boise, Idaho, stated she was representing Amir Seyedbagheri and was requesting a rezone of the property on the corner of Union and State Street, across from the new Bi-Mart. At this time they have no plans for development and are looking to rezone from residential to commercial C-1. She didn't have any concerns in regards to the letters received. They held a neighborhood meeting in April and no one had any concerns; they just were wondering what would be going in there. She explained this was a small parcel, .485 acres, so they are limited as to what can go there. The owner felt it made more sense to change the zoning to commercial. Council - Keyes asked for clarification if they were rezoning because the owner is looking to sale. Teodorescu stated not at this time though there had been some discussion in regards to selling or possibly leasing out. Keyes questioned if the access off Highway 44 is not guaranteed is there any heartburn if the only access is off of Union Street. Teodorescu stated not really, though the medium recently put in there makes an interesting situation. The Mayor noted there has to be an access granted and it was something the potential business will have to work through. Staff – No additional comments from staff. Public Input – No public testimony was given. The Mayor closed the public hearing and moved to deliberations. Keyes stated he was in support of rezoning from R-8 to commercial Hershey stated he also supported the rezone. Chadwick moved to approve file RZ-18-02 rezoning the Seyedbagheri property from R-8 to Commercial (C1) with the six conditions of approval as noted in the staff report, Nielsen seconded the motion. All ayes: motion carried. Ordinance No. 269 Star River Ranch - Ada – The Mayor explained this Ordinance is for the Larson property they brought into the City a few weeks earlier. Chadwick 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. 269 be considered after reading once by title only, Keyes seconded the motion. Roll Call: Hershey, Keyes, Chadwick, and Nielsen all ayes: motion carried. Chadwick moved to approve Ordinance No. 269, an Ordinance annexing to the City of Star certain real properties located in the unincorporated area of Ada County, Idaho, and contiguous to the City of Star, specifically located by Ada County Parcel Numbers, S0416244220, S0416212620, S0416212640, S0416212660 and R8079960013, establishing the zoning classification of the annexed properties as Commercial (C1) of approximately 9.431 acres and Residential (R8) for 24.02 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. ---PAGE BREAK--- Agreement With Fish & Game, Tim Eck and the City - The Mayor explained this agreement is what they agreed to enter into for an easement for a pathway for public access to the river for fishing and recreation. In the agreement the City is agreeing to maintain it, though we will not own it. He asked the City Attorney, Chris Yorgason, as to what their liability might be if we enter into this agreement; for instance if our police end up doing something down there, obviously as part of our city, what is our liability in the sense it is a public easement we agree to maintain but do not own. Yorgason stated under the agreement the City is not required to improve, but to provide maintenance services. It is not City property and any liability will be if the City creates a situation or is negligent in maintaining the trail; probably no more liability than that on other City properties. Chief Vogt asked to address the situation as the Sheriff's Department provides insurance for officers’ activities in Ada County and is self-insured. They have questions and concerns in regards to the City land within Canyon County; if they were sued for actions on City property in Canyon County they would not be covered by their current insurance. They need to know where they stand for coverage for law enforcement in Canyon County, will the City’s insurance provide coverage. Yorgason stated Chief Vogt has valid concerns and the City needs to have a conversation with ICRMP and Canyon County, sooner than later. The Council could move forward with this agreement or wait until the issue is resolved. Mayor Bell noted they have already brought the property into the City and the issue before them is whether they want to enter into the agreement to maintain it. The liability issue is there no matter what they do. Yorgason stated if there are calls out there he’s sure the Chief will send someone out; and whether they sign the agreement or not, they will still need to address the liability issue. Nielsen stated he was concerned with some of the language in it as it mentions it is for hunting and fishing and then goes on to describe other activities like trails and the use of greenbelt type areas. He asked if this agreement was solely for hunting and fishing or for a City park similar to Star Riverwalk and easement granted for use along those lines as well. Yorgason stated the purpose is to accommodate an access easement only for an ingress/egress to get to public lands, not for motorized use. Motorized vehicles will only be allowed in the vehicle area. The agreement is only for ingress/egress to get to the Boise River for hunting and fishing. Chadwick pointed out the signature page has signature lines for the entire Council to sign. Yorgason noted there was no legal reason why the entire Council needed to sign; it only requires the Mayor's signature. They could make an amendment removing requiring Council signatures. Nielsen moved to approve the easement agreement between the Idaho Fish and Game Commission, Tim Eck with E34 Partners, LLLP, and the City of Star and amending the signature page to remove the signatures of the Council and having only Mayor Bell sign the agreement, Chadwick seconded the motion. All ayes: motion approved. Reports: Chief Vogt noted that Chris was coming July 13th and they are hosting a bike rodeo along with the bike race event. They are looking at possibly passing out bike helmets and doing a raffle. Nielsen stated he had nothing to report as he has been out of town. ---PAGE BREAK--- Chadwick invited everyone to attend the ACHD open house regarding sidewalks and bike projects on June 25 at Hunters Creek Park. The goal is to have a plan to present in August. He stated the Transportation & Pathways meeting will be tomorrow evening. Keyes noted the Beautification and Community Relations Committee recently acquired bike racks and have already installed four. Tomorrow they will begin painting two Purple Heart parking spots. He also attended the Council retreat. Hershey encouraged all to attend the Hometown Celebration. Mayor Bell thanked the Council for attending the retreat and thanked Mark Butler and Dave Szplett for their help with the transportation plan. He feels good about having a plan to take to ITD and having them see all the stakeholders who were involved. The Mayor attended the Compass Board meeting and they have moved the Highway 16 to the Freeway plan up the list. Adjournment: Mayor Bell adjourned the meeting at 7:45 pm. Approved: Respectfully submitted: Charlten Bell, Mayor Kathleen Hutton, Deputy City Clerk