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1 City of Star Council Meeting Minutes July 17, 2018 The regular meeting of the Star City Council was called to order at 7:00 pm at the Star City Hall, 10769 W. State Street, Star, Idaho. Mayor Chad Bell called the meeting to order and asked all to stand 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, Keyes seconded the motion. All ayes: motion carried Consent Agenda: Chadwick moved to approve the Consent Agenda consisting of: Regular Meeting Minutes of June 19, 2018, Regular Meeting Minutes of July 3, 2018 and the Final Plat for Barrell Creek Subdivision, Hershey seconded the motion. Keyes stated that he would like to have his motion stricken on the minutes regarding coming out of the executive session. All ayes: motion carried. Old/New Business: Public Hearing: Medley Property Annexation and Zoning - The Mayor stated that the American Star Subdivision public hearing has been tabled to the 18th of September. The Mayor stated that this is an application request for annexation and zoning. The Mayor reviewed the public hearing procedure: the Applicant will be heard, then staff report, Council can ask questions and then the public testimony. The Mayor asked to keep the public comments to three minutes. The Applicant will then be allowed to rebut, then Council will deliberate and then we will close the public hearing. The Mayor asked Council if they had any ex parte contact or conflicts of interest, hearing none, the Mayor asked the Applicant to speak. Applicant: Terry Medley, is the Applicant and stated that he has worked for City of Star for many years and lived in the county. Then the Hoffman’s annexed into the City and he felt he should be in the City as well. Medley stated that he has no development plans at this time, and no plans for future development. It is his understanding that he is annexing and zoning to Residential (R2), which is two houses per acre maximum. Medley stated that there is potential in the future for development, but none right now. Council: Nielsen asked what side of the Hoffman’s property are you on. Medley stated he is on the west side of the Hoffman property. Staff: Ward stated there was an additional agency letter from the Idaho Transportation Department basically stating the Applicant’s property is not abutting the state highway system. Public: No public input was given. Chadwick moved to approve application, File #AZ-28-06 Annexation with a zoning designation of Residential (R2), Keyes seconded the motion. The Mayor stated that his density is what the Comp Plan calls for. All ayes: motion carried. ---PAGE BREAK--- 2 Public Hearing: Amending the Appropriations Ordinance – The Mayor stated that we had $500,000 to build our maintenance building in last year’s budget, but the timeline didn’t work, so we are taking the money out of our savings to put it in this year’s budget. The Mayor stated it was an accounting thing. We had hoped to get the building built sooner. The Mayor declared the public hearing open. The Mayor stated that we will take $500,000 out of our savings for the building this year. Public: No public testimony was given. The Mayor closed the public hearing. Chadwick moved to approve the Appropriations, an Ordinance for the fiscal year beginning October 1, 2017; appropriating additional monies that are to be received by the City of Star, Idaho, in the sum of $500,000; directing the City Clerk to file a certified copy of this Ordinance with the Idaho Secretary of State; and providing an effective date, Keyes seconded the motion. All ayes: motion carried. Public Hearing: American Star Subdivision Preliminary Plat - Nielsen moved to table Agenda - Item 5C, the American Star Subdivision to September 18, 2018, Chadwick seconded the motion. All ayes: motion carried. Resolution 2018-03 Records Custodian – Chadwick moved to approve Resolution 2018-03, a Resolution designating a records custodian and alternates for the City of Star, Idaho, Keyes seconded the motion. All ayes: motion carried. Ordinance No. 272 Silkwood Subdivision – Chadwick moved that pursuant to Idaho Code, Section 50-902 an Ordinance to be read on three different days, with one reading to be in full, be dispensed with and that Ordinance No. 272 be considered after reading once by title only, Keyes seconded the motion. Chadwick asked if we could get a different map. Roll Call: Hershey - aye, Keyes - aye, Chadwick - aye, Nielsen – aye: motion carried. Motion to approve Ordinance No. 272 – Chadwick moved to approve Ordinance No. 272, an Ordinance rezoning certain real property owned by TG Development, and located at 820 N. Can Ada Road, in Star, Idaho, (Ada County Parcel (S0407325600) from Residential (R2) to a Residential (R3) classification of 14. 70 acres; amending the zoning map of the City of Star to reflect such changes; and providing for an effective date, Keyes seconded the motion. All ayes: motion carried. Ordinance No. 271 Seyedbagheri Rezone – Nielson moved that pursuant to Idaho Code, Section 50-902 an Ordinance to be read on three different days, with one reading to be in full, be dispensed with and that Ordinance No. 271 be considered after reading once by title only, Keyes seconded the motion. Roll Call: Hershey – aye, Keyes – aye, Chadwick – aye, Nielsen – aye: motion carried. Motion to approve Ordinance No. 271 – Nielsen moved to approve Ordinance No. 271, an Ordinance rezoning certain real property located in the City of Star, Idaho, commonly describes as 11398 & 11420 W. State Street, owned by Amir Seyedbagheri, from a Residential (R8) classification to a Commercial (C1) classification; amending the Zoning Map of the City of Star to reflect such changes; and providing an effective date, Keyes seconded the motion. All ayes: motion carried. ---PAGE BREAK--- 3 Ordinance No. 273 Dixon Subdivision – Hershey moved that pursuant to Idaho Code, Section 50-902 an Ordinance to be read on three different days, with one reading to be in full, be dispensed with and that Ordinance No. 270 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 asked that the acreage be consistent with the legal. Motion to approve Ordinance No. 273 – Hershey moved to approve Ordinance No. 273, an Ordinance annexing to the City of Star certain real property owned by Michal & Carol Dixon, located at 8542 W. Floating Feather 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 Mixed Use (MU) of approximately 59.840 acres; directing that the certified copies of this Ordinance be filed as provided by law; providing for related matters; and providing an effective date, Keyes seconded the motion. All ayes: motion carried. Executive Session – Keyes moved to go into Executive Session under Idaho Code Statute 74- 206 Pending Litigation, Nielsen seconded the motion. Roll Call: Hershey – aye, Keyes – aye, Chadwick – aye, Nielsen – aye: motion carried. The Mayor reconvened the regular Council meeting. The Mayor stated that we are onto item #7 and turned the meeting over to Cherese McLain. Cherese McLain stated that she is Special Counsel for the City. On June 19, the City received a reconsideration request. It basically stated there were three items that were not in compliance – the comp plan change, the zoning and the development agreement for the Willowbrook application. Nielson asked what was invalid. McLain stated there were four items which the Planner will provide for review. She is happy to work with staff to provide information. Keyes moved to grant the request for reconsideration, Chadwick seconded the motion. We will then schedule a public hearing within the 60 days, identify a time and hold the public hearing for the reconsideration. It will be publicly noticed within the next few weeks. Nielsen asked if Council feels informed and why they feel it is warranted. Hershey stated he feels it is warranted because we have counsel stating that we need to grant this. Keyes stated he agrees with Councilman Hershey. Chadwick stated that if you go to Findings, Ms. Butler outlines deficiencies she believes we have and that is something we need to take a look at. Mark Butler stated that two of the deficiencies are transmission of electricity and implementation. The Mayor stated that the motion is to grant the reconsideration. All ayes: motion carried. Reports: Staff – Staff had nothing to report. Council – Hershey stated he did a ride along on Saturday and ended up going up and down the river looking for a man. They did find him. Hershey has met with his committee. ---PAGE BREAK--- 4 Keyes stated there have been two big events, the Hometown Celebration was awesome and the bike race is the only qualifying event for Olympics this year. There were dozens of volunteers. His committee is moving forward with signs and bike racks. He thanked the volunteers. Chadwick doesn’t meet with his committee until later this month. Someone sent pictures of the bike racks. Chadwick thanked volunteers. Chadwick stated that one of his baseball teams may go to the regionals and invited everyone to come out and watch. Nielsen stated the bike racks are much smaller than he thought. The EDC has not met, but is excited about getting the plan together. Mayor – The Mayor thanked everyone for their efforts on the Hometown Celebration, we had a great group of people this year, biggest parade we’ve ever had. They raised about $2,500 for the scholarship fund. They had a bike rodeo at the bike race, and gave away six bicycles. Adjournment: The Mayor adjourned the meeting at 8:34 pm. Approved: Respectfully submitted: Charlten Bell, Mayor Cathy Ward, City Clerk