City Council Regular Meeting

Star City Council Meeting Minutes November 20, 2007 The regular meeting of the Star City Council was held on November 20, 2007 at Star City Hall. Mayor Nathan Mitchell called the meeting to order at 7:00 pm and all stood for the Pledge of Allegiance. Roll Call: Councilpersons Tammy McDaniel, Dustin Christopherson, and Chad Bell were present. Council Tom Erlebach arrived at 7:05 pm. Approval of the Agenda: Mayor Mitchell noted that the presentation of item 5A Star Police Monthly Report and 5B Beacon Light/Purple Sage Alignment Letter would be reversed; and 6A public hearing for Stonebriar Glen Annexation and Zoning and 6C public hearing for Ada County Annexation/Zoning/Conditional Use Permit would be reversed. Christopherson moved to approve the agenda with the noted changes, McDaniel seconded the motion. All ayes: motion carried. Consent Agenda: Bell moved to approve the Consent Agenda, McDaniel seconded the motion. The Consent Agenda consisted of: Special Meeting Minutes of November 7, 2007 and a letter to Ada County Highway District. All ayes: motion carried. Public Input/Presentations: Beacon Light/Purple Sage Alignment Letter – Mayor Mitchell thanked everyone who had sent letters to ACHD and stated he felt this had been a positive process. He read the letter the City would be sending to ACHD stating the City prefers Alignment A. He noted to the public they were recommending Alignment A due to the overwhelming opinion from the public in support of it and the fact it would capture the most traffic. Star Police Monthly Report – Chief Ramage – Chief Ramage noted there had been an increase in vehicle burglaries; to which eight were attributed to juveniles. He announced the Ada County Sheriff’s Department would be holding a meeting December 3, 2007 for the residents to talk about how to prevent crime. Ramage stated he had received a lot of positive comments regarding the new street crossing signs and noted they have seen a reduction in speeders since their placement. Christopherson publicly thanked Deputy Babbitt for responding to a theft call at his home and reiterated the public’s need to close their garage doors to deter theft. Committee Reports – Christopherson reported the Economic Development Committee met the second Thursday of November and they had a good conversation regarding the city entry signs. He informed the Council that Brian Dickens had stepped down as chairperson, but would still be a participant on the committee. He extended an invitation to the public to attend the next meeting on December 13, 2007 at City Hall. 1 Public – Jim Burch presented a petition in support of the Council decision of the Beacon Light/Purple Sage alignment, with 429 signatures, to the Mayor and Council. Public Hearings: Ada County Annexation/Zoning/Conditional Use Permit – Mayor Mitchell reviewed the procedures for public hearings. The Mayor declared the public hearing open and asked the Council for any conflicts of interest or exparte contact, hearing none, the Mayor asked the applicant to speak. Applicant – Dave Logan, Ada County Operations Department, explained the subject property is approximately three-fourths of an acre located east of Republic Storage. The property will have a 4,500 square foot building to house an emergency response station and ambulance facility. The building will be a high efficiency building similar the new station in Meridian. Access will be down a new roadway off of State Street. The ambulance will park in the back. There will be rest areas inside and outside for staff; and property will be well landscaped. Mayor Mitchell asked what the man hours would be. Troy Hagen, EMS Services, stated the facility would have a two person staff and be a 24 hour station. Erlebach questioned if they had talked to the highway district regarding a stop light. Hagen stated they had and they are concerned with it being so close to the intersection. Erlebach asked what they had planned for the look of the outside of the building. Scott Wendell, Lombard Conrad Architects, stated it would be finished block with decorative accents, and the stucco would be two colors. Christopherson asked what area the station would service. Wendell stated the Star area, Highway 16 to the City limits, and east to Linder Road. They are looking at an eight minute response time. Mayor Mitchell asked if they had a mutual agreement with Canyon County. Wendell stated they were in the discussion process with them. Bell noted they have shown two bays, but plan on having only one ambulance. Hagen stated they are planning two bays for future growth and they may store an extra ambulance on site. Staff had nothing to add. Mayor Mitchell asked for public input. Robert Moore, 4241 N. Cowboy Lane, Star, asked when the station would be open. He was informed mid to late summer; six to eight months from now. 2 Terry Malarkey, 23418 N. Blessinger Lane, Star, asked for clarification of their talks with Canyon County. Hagen stated they must have an agreement of mutual aid in order to cross county lines and serve Canyon County. They are in discussions with them. The Mayor declared the public hearing closed and moved to deliberations. Bell stated he felt the service is very much needed, it was being proposed in a good location, and the facility design was good. Bell moved to approve File AZ 08-02 Annexation and Zoning and File CU 08-02 Conditional Use Permit with six conditions of approval, Erlebach seconded the motion. Christopherson stated the motion should state it will be zoned multiple use (MU). Bell amended his motion to include the zoning be multiple use (MU), Erlebach amended his second. All ayes: motion carried. Parkstone Condo Plat – Phase 1 Commercial – Mayor Mitchell explained the application was to create four commercial condo units in the Parkstone Subdivision commercial area. The Mayor declared the public hearing open and asked the Council for any conflicts of interest or exparte contact, hearing none, the Mayor asked the applicant to speak. Applicant – Becky McKay, Engineering Solutions, 1029 N. Rosario Street, Meridian, stated they are requesting approval to create a four unit condo plat that is currently under construction in phase 1 of Parkstone Subdivision. She noted the condo units will be professional offices. Erlebach asked if she was aware the fire district wanted audible devices in each building unit. McKay stated she was not, and asked if they could meet with the fire department to discuss. The Mayor replied that would be acceptable. Bell inquired as to whether any of the units were already sold. McKay stated none were sold, but one unit is spoken for, but not closed on. Mayor Mitchell explained that by creating condo units it would allow for individual ownership of each unit, instead of one owner with renters. Public Testimony – No one from the public signed up to speak. Erlebach asked if the other commercial buildings would also be condos. The Mayor explained the request was for this one building only – not all nine. The Mayor declared the public hearing closed and moved to deliberations. Christopherson stated he did not see any problems with the applications and felt it was straight forward. 3 Christopherson moved to approve File CO 08-01 Condominium Plat for Parkstone Subdivision Phase 1 – Office Condominiums with seven conditions of approval, McDaniel seconded the motions. All ayes: motion carried. Stonebriar Glen Annexation & Zoning – Mayor Mitchell showed slides of the proposed project and explained they are requesting annexation of approximately 300 acres south of the river with an R-2 zoning designation. The Mayor declared the public hearing open and asked the Council for any conflicts of interest or exparte contact, hearing none, the Mayor asked the applicant to speak. Applicant – Becky McKay, Engineering Solutions, 1029 N. Rosario Street, Meridian, stated they had been working on this project for some time and had done a wetland delineation study. They held a couple of neighborhood meeting and have held 14 individual meetings. She explained it had been the desire of the original developer of Stonebriar to sell to the current owner, who also purchased some additional neighboring property. They realized they have floodway issues and have designed the project taking into consideration the existing ponds and waterways. They have incorporated the wetlands and enhanced the waterways. They have tried to be sensitive to the larger lots in the center area. Proposed lot sized will range from approximately one (9,500 square feet) to three point seven (3.7) acres. Overall density will be 1.05, with a 1.5 density to the west, a 1.29 density to the east and a .36 density in the center. They have been meeting with the highway district regarding a river crossing and their proposed alignment of Highway 16. McKay noted they are proposing a development agreement that would impede development in the area Idaho Transportation Department is proposing for alignment. She noted Phil Choate, ITD, stated they should have a decision on alignment by 2009. Based on this information, no preliminary plat would be submitted until 2010, after ITD makes a decision on alignment, for this area. McKay stated they are proposing a 15” sewer line on Star Road with a lift station at the bridge, as there is a gravity line down Star Road to the sewer area. She noted they do not yet have any easements to the west for sewer and water services, but are in discussions to acquire. McKay reiterated that the application before the Council is for annexation and zoning only. The project is looking at having 84 acres of open space which is 28.62% of the project. They are proposing pathways along the waterway and the existing network of ponds for pedestrian linkage throughout. Per the State’s request they will have a stub road to their property. McKay stated they had met with ACHD and they had stated they did not object to the annexation and zoning and stated their one priority in the long term is a connection of Star Road to Blackcat Road. McKay noted they had submitted a traffic study to City staff. Bell questioned McKay’s statement that they did not anticipated submitting a preliminary plat for the property to the east till 2010, and asked if they were planning to start from the west. McKay stated that was correct as services would come from the west. She noted they are leaving the integrity of Stonebriar Lane so it could stay a private lane. McKay stated Hank Day, Star Sewer and Water District, indicated there needed to be a well located somewhere to the south of the river. Christopherson noted there was no development agreement in front of them and it had been mentioned. McKay stated the original request was for R-2 DA zoning designation. 4 The Mayor pointed out a development agreement would be drafted through the ordinance. Christopherson asked McKay to explain the comments from the neighborhood meeting and the concession they had made. McKay stated they had asked the lots to the east be 30,000 square feet or larger, and they have done this. They have put the collector road away from the current property owners. Mr. Lind was concerned with the density around him, so they put larger lots next to him. There were concerns with the highway alignment. Mr. Wickstrom had concerns regarding the ponds depth and circulation. There were concerns with improvements to Joplin Road and ACHD wants it upgraded. Christopherson asked why they were coming to the City now for annexation and zoning when they do not plan on coming for preliminary plat until 2010. McKay stated the 2010 date only affects the area to the east due to the road alignment. The remainder of the property will be on a quicker timeline than 2010. Christopherson asked about the easement to cross the river for sewer and water and what their plan was if they could not get. McKay explained there was sewer on Star Road. If they could not obtain easements from the west to this property they would continue services up Star Road and along Joplin Road. Mayor Mitchell asked what their preference was on the existing sewer system. McKay stated there was an existing system, but it was not in use. Even if they expanded it, it would not be capable of servicing this development. The Mayor clarified that the City would want the development to have city services. Erlebach asked if there were artesian wells already on the property and what they plan to do with them. McKay stated Idaho Water Resource will evaluate them and decide what to do. They usually do not like to cap them. Erlebach had concerns with the high value property to the east being for sale for the road alignment. McKay stated that when the Highway District evaluates property to buy, they appraise it looking at the Comp Plan and evaluate it at its highest and best use. Erlebach asked if they could put an elevated walkway along the waterways. McKay stated she had seen them and they could consider it. A conservation easement is already filed on some of the property. They would have to get permission to build, if in the floodway the elevated walkways were considered structures. Erlebach questioned McKay about the letter from Mr. Choate. McKay explained ITD didn’t realize the application was for annexation and zoning only. Choate stated they had no problem with this application as long as they are protected at platting. City Planner, Mary Shaw Taylor, commented that Choate stated ITD did not have an objection to annexation and zoning but recommends tabling an application for preliminary platting. Mayor Mitchell asked why would the City want to create three conclaves – existing homeowners not being annexed and would not be in the city limits, but would be surrounded by development which would be in the city limits. McKay noted that at the last neighborhood meeting they had asked the existing homeowners if they wanted to be included in the annexation and they said no. Mr. Shideler asked what advantages would there be to annexation and indicated he may be interested. The others made no such indication. They tried to convince them and were not successful 5 Erlebach asked if the property to the north indicated in green was a part of the project. McKay stated it was, and it bordered the river. McDaniel asked what percentage of fill would be needed due to floodway ground water. McKay pointed out that in Heron River when they stopped irrigating they saw up to a five foot drop in the water table. Water tables will usually drop when flood irrigating is stopped. They have been studying the water for the past five years and hope to not irrigate this year to get a true reading. McKay stated they realized they will have some fill. The City Planner reminded the Council they were considering annexation and zoning only at this time. She noted that ACHD has stated Joplin Road will be improved to collector status with curb, gutter, and sidewalks along their property line. Mayor Mitchell asked legal counsel if they would be able to get building permits for the ten acre lots already platted through the county. Legal counsel stated they would be allowed permits following annexation into the City; however, it is understood they would be for the nine existing lots only. Mayor Mitchell asked for public input. Roger Lewis, PO Box 623, Idaho City, stated he has owned property along the river for 40 years. Lewis stated he is within 300 feet of this development and did not receive any notice, but noted he was on the mailing list. He informed the Council he delivered a letter to City Hall today at 5:00 pm. He is concerned with the annexation as there was no proposed stub road to his property, which would mean his property would be landlocked. He also pointed out the proposed road alignment would go through his property. He stated no one from this development had contacted him; other than two years ago when they were trying to buy his property. Lewis stated he has existing septic permits for his property, so he knows this area is buildable. He again noted his concern that this development will not put a stub road to his property. Mayor Mitchell stated that they usually handle stub roads at preliminary plat, and that ACHD and the City would require stub roads to all properties. The Mayor asked Lewis how he had access to his property now. Lewis stated from across the river, and acknowledged the land is currently landlocked. Robin Hayes, 7100 N. Pollard Lane, Meridian, stated they have lived on their property for 25 years, own a vet business on Star Road, have supported the Star community, and consider themselves part of the Star community. She stated they are against this annexation. She feels it is unnatural for the city to cross the river and that this project is not compatible with neighboring properties. She is also concerned with traffic. Hayes stated she felt the proposed zoning was too dense, especially to the east, and would destroy wetlands and farm ground. She felt the project needed to stay off the wetlands. In regards to the ponds, nature would deal with them appropriately. 6 Mathew Restucci, 7000 N. Pollard Lane, Meridian, noted that when looking at the Highway 16 extension all three plans affect his property. He stated he was actually for this project and felt the neighboring acres should be included. Mayor Mitchell explained the City did not annex without property owners permission. Restucci reiterated he was for the project at this time. Terry Malarkey, 23418 N. Blessinger, Star, stated he thought this was a great project, a nice proposal, and well thought out. He approved upgrading the ponds to support wildlife. With easements along Star Road he would like to see them allow an entry sign for the City. John Garrett, 6235 Joplin Road, Meridian, presented a letter to the Council. Garrett stated he was concerned with only one entrance/exit to project and concerned with traffic on Joplin Road and Chinden. He was also concerned that there was no direct road to the City. Gary Rogers, 7353 N. Stonebriar Lane, Meridian, stated he lived in the farthest conclave and had submitted a letter to the City. Rogers contends the application is flawed due to the affidavit of legal interest. Legal counsel for the City stated if the affidavit correctly identifies the owner, the application would not be flawed. He noted the City can not rule or interpret CC& R’s for a subdivision. Rogers state the applicant owns nine of the fourteen lots in Stonebriar and holds substantial voting power with the homeowners association, but even their vote doesn’t allow them to make amendments to their CC&R’s; and the CC&R’s do not allow subdivision of the property. This can only be done with a 100% vote of the homeowners. With this backdrop, Rogers felt the developer was wasting everyone’s time. He stated if this application is approved he will seek legal ramifications. Rogers stated he could not imagine annexing property with a potential for future problems. In regards to the sewer plant, Rogers stated it was designed to handle the currently platted lots and he realized there were problems with it. Mayor Mitchell reiterated the City was not interest in the sewer plant on this property; the development would be required to have city services. Rogers pointed out the streets belong to Stonebriar and they have not approved the use or incorporation of them into the development. He noted there were legal issues with this development and asked it not be approved till they were addressed. He stated they have the right to annex into Stonebriar and must maintain the same zoning. Rogers stated he appreciated them realigning the road so traffic would bypass his property. Dave Jones, District Engineer, Idaho Transportation Department, stated that first and foremost regarding the real estate issue, whatever the property is zoned today, the change in zoning will affect property value. He noted it will be the end of 2009 before they will be able to purchase property. Denser property creates an increase in cost with bridge, retaining walls, and noise mitigation. Jones pointed out to the Council that they have the power to preserve a north/south route. He does not want to see a repeat of the mess they have with Eagle Road. He noted this is the only choice in crossing the river. Vicki Lind, 7768 N. Stonebriar Lane, Meridian, stated she lives in the middle of the project. She stated she didn’t feel it followed a natural progression of Star; it was not fiscally sound to do; and there was no easy access to bring in fire, water and sewer services. She stated they all own a part of Stonebriar Lane and have abided by their CC&R’s. They don’t feel they 7 have a right to change things. She doesn’t feel the wetland can be mitigated with ponds. Lind stated she doesn’t feel the developer has put enough thought into the project. She stated they walked away from the bargaining table when the property owners said no. Rebuttal – Applicant, Becky McKay, pointed out this was only a concept plan. She pointed out that as for as Lewis not being on the list, they had pulled the names from the assessor’s office twice and they added Hayes after she requested her name be added. She noted this project is the lowest density they can have. When the ten acre lots were developed it wasn’t successful as not all the lots sold. McKay stated that as for as ponds in the wetland being for the wildlife, they were not natural ponds and were added when Stonebriar was first developed. She stated they will work with all agencies to address the agencies concerns in sensitive areas, and will be submitting information to the Army Corp of Engineering. She noted they have tried to mitigate as much as they can. McKay stated that in regards to Rogers’s legal issue, her client’s attorney was present to answer any questions. She pointed out that CC & R’s are a private issue and usually resolved in court if need be. She stated they tried to work with Mr. Rogers and made some modifications. In regards to ITD, they do not want to do anything to hamper what they want to do. That was why they do not want to develop to the east till ITD decides on the realignment route. They are proposing conditioning the project to accommodate ITD. They have stayed involved in the process and want to cooperate with them. McKay reiterated that in condemnation issues they always use the highest and best use value. She noted that in regards to the concerns with a logical path of annexation, there is never a clean path. In regards to fire services, there is an agreement between the cities and the nearest service will respond. McKay stated that in regards to Mrs. Lind’s comments about not being happy with how negotiations dragged out, they had met with them and tried to incorporate any concerns they could. McKay reiterated this was only a concept plat and they are asking only to be annexed and zoned with specific conditions. She pointed out this project will move along with small phases due to the size of the lots and costs. Bell pointed out they had put a mixed use designation along the road and asked if they thought residential through the whole project, with an expressway, is the proper use. McKay stated that with the expressway there would be no chance for commercial access. Commercial access was more likely to happen along Star Road. She pointed out noise abatement falls upon the development. They are asking for approval with condition to protect this corridor for noise impact. McDaniel asked if they were willing to preserve the right-a-way indefinitely until ITD makes a commitment. Craig Groves, 6223 Discovery Way, Boise, stated they were willing to work with ITD to preserve the corridor, but do not want the project held up. They would not submit any preliminary plat to the Council that encompassed the road corridor. They were not willing to enter into an agreement that would not allow them to do anything. Mayor Mitchell asked why they were annexing the property to the east if they were willing to not do anything until 2010; asked what benefit was it to them. Groves’ stated it moved them further down the path to where they want to be. They had held the project for three years and felt now was the time to move forward. 8 The Mayor declared the public hearing closed and moved to deliberations. Christopherson stated he was okay with the concept and felt the density was alright. He had concerns with the three onclaves and felt it would be irresponsible of the City to create them. He was concerned there was not a sure way of getting sewer and water services as they were still in negotiations. Christopherson stated he didn’t feel this was a natural course of annexation and would feel better about it if they had access onto Star Road. He stated he was inclined to reject this application due to these concerns. Erlebach stated he questioned if this would be an asset to the City. There are no parks, no public access, and no walkways. He stated he wasn’t sure they have a legal right to annex due to the homeowner’s. If the City develops a bike path it would go south and there’s no access in development. He was not in favor of approving. Christopherson move to deny File AZ 08-01 Annexation of the Heron River Development, Erlebach seconded the motion. Bell stated his main concern was preserving the highway corridor. He noted they were looking at an annexation and zoning and not looking at parks or legal issues. He stated he felt they could preserve the corridor with a good development agreement, which could address what they want in the development. Bell stated he felt it made sense to approve if they want development with lower density. He was in disagreement with denying and felt they could work through these issues at preliminary plat. Mayor Mitchell agreed they could work out concerns with the preliminary plat. He noted the Council holds the strongest stick at this point. He pointed out that onclaves are a nightmare to a city. He stated legal opinions of the CC& R’s could be worked out with legal counsels and the City did not need to get involved. With regards to the wetlands, the Idaho Fish and Game Department and US Army Corp of Engineers are the experts and the City would back up their decisions. The Mayor stated he was concerned with road access and protecting the highway corridor. Bell stated he was not sure he was ready to approve or deny and suggested they should table this application. The Mayor stated there was a motion before them to deny this application. Christopherson and Erlebach – aye; McDaniel and Bell – opposed. Mayor Mitchell voted to deny the motion and stated he felt they could work through the issues before approving. Motion failed. Christopherson stated he would like to see the property to the east addressed and if it was not being preliminarily platted why annex it. He would like to know where the water and sewer services will be coming from and is concerned with the onclaves. Bell moved to table File AZ 08-01 Annexation and Zoning of Heron River Development, LLC to the second meeting in January, 2008 at 7:00 pm at Star City Hall, with information for the questions presented, addressing the preservation of Highway 16 corridor and what the zoning on the corridor would be, answer regarding only one access to the development, and 9 addressing the onclaves, McDaniel seconded the motion. Bell amended his motion to include continuing the public hearing, McDaniel amended her second to the motion. Mayor Mitchell stated they would like to see specific language to the preservation of the highway corridor, stating the limitation on specific ground, and address the orderly development of sewer and water. Legal counsel asked if they wanted them to create a development agreement to come back before the Council. The Mayor stated that was correct. Hayes asked how they could get information regarding Fish and Game and the Corp of Engineers comments. Mayor Mitchell informed the audience the agencies will comment at the preliminary plat, not at annexation and zoning. The Mayor restated the motion was to table the hearing to January with a development agreement prepared. Bell, Christopherson, McDaniel – aye; Erlebach – opposed: motion carried. New Business: Entry Sign Discussion – Christopherson explained the Economic Development Committee asked him to address the Council. The Committee is in the process of getting land to place the entry signs on. They would like to know how much money the City is willing to put up for obtaining a grant. They are looking at a $50,000 grant and believe it is a 50% matching grant. Bell stated he believed they were looking at $75,000 to put up all four entry signs. Mayor Mitchell noted he was not willing to spend any money if they didn’t know where they were spending it. Christopherson explained they want to start the process of writing a grant and need to know how much the City can put up. The Mayor stated they were willing to place matching funds for the grant, but needed to know specifics before committing an amount. He suggested they could review the grant application before it was submitted. He also suggested having a project manager to communicate through the City Clerk with Sage. Christopherson stated he believed they need to have agreements with the property owners in place before they could submit the grant application. The Mayor agreed they probably would for the grant, but the City wouldn’t require it. Christopherson asked how the Council wanted the Committee to work out the agreements with the property owners. Mayor Mitchell suggested they either ask the owners to donate the land or give the City useage easements. He noted it would make sense for him to meet with the Committee person to work out the process before any promises were made to the owners, and he would be willing to meet with the property owners to discuss the agreements. Terry Malarkey asked about the land East Canyon indicated they would be willing to donate. Mayor Mitchell noted the preliminary plat is approved and they have an extension on the final plat. The condition is still on the property. Discussion/Decision On Metering The Decorative Streetlights – The Mayor thanked Minnie Victory and the Idaho Independent Bank for their donation of $5,000.00 to the Star/Eagle YMCA fundraiser. 10 The Mayor pointed out they have a proposal before them from Alloway Electric of approximately $10,500.00 to provide electrical service to each decorative pole so each pole can be metered by Idaho Power for power useage. He has asked Idaho Power to simply add $100.00 or more to the bill for December but they were not willing. He informed the Council they did not have $10,000.00 appropriated for this expense and they would have to reopen the budget to find the money. Bell asked if there was any chance Idaho Power would negotiate. The Mayor stated that so far he had not gotten any response. Terry Malarkey offered to contact a couple of his contacts at Idaho Power to try and get this moved forward for this one time only. Erlebach asked if there were outlets already on the poles. The Mayor stated we have power to the poles, but they want separate lines at each pole. Idaho Power will also be charging a new hook-up fee for each pole. Bell stated that at least for this season he did not see this as an option, but he would like to see something happen and would be willing to cooperate with the Lions Club in some way to have decorations on the pole. He asked the Lion Club representative if they were just considering having lights at Christmas or would they be using the 12 poles with flag holders throughout the year. It was indicted they would like to hang flags throughout the year and were just considering having lights at Christmas. Bell stated he would like to help possibly with adding more flag holders and looking at doing lighting at a later date. He did not feel they could spend up to $20,000.00 at this time. Minnie Victory stated they would look at other options and other hardware and come back before the Council. Ordinance No. 183 Whitener Property Annexation/Zoning/Development Agreement – McDaniel 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. 183 be considered after reading once by title only, Bell seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell – all ayes: motion carried. Christopherson moved to approve Ordinance No. 183 an ordinance annexing to the City of Star certain real property located 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-DA) with a development agreement; directing that certified copies of this ordinance be filed as provided by law; providing for related matters; and providing an effective date, Erlebach seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach, and Bell – all ayes: motion carried. Reports: Council – Erlebach noted that Erica with the Parks and Recreation Committee was going forward with bids for a kid’s splash park and the first bid came in at $45,000.00 for park and $45,000.00 to install. 11 Staff – City Planner, Mary Shaw Taylor, noted she had reiterated to Erika with the Parks and Recreation Committee that they needed to have a park master plan in place before they could go forward on any projects. Mayor – Mayor Mitchell asked legal counsel about the Al Hall Tire Store incident. Legal Counsel informed him they had not heard back from them regarding them applying for a rezone. The Mayor instructed him to press the issue. Mayor Mitchell asked legal counsel if Irene Wilson’s accessory structure was a conforming use in an RT zone. Legal Counsel stated if it was in a valid non-conforming use it was valid as stands. If it is an enlargement or an expansion it must come for a CUP. Mayor asked if she was a non-conforming use and legal counsel stated she was. The Mayor instructed staff to have Wilson come in with a CUP application. The Mayor informed the Council discussions to having a motor vehicle office in City Hall have taken a positive turn. Bob McQuade stated he was looking forward to providing a satellite office here. McDaniel moved to adjourn, Christopherson seconded the motion. All ayes: motion carried. The meeting was adjourned at 10:30 pm. Respectfully submitted: Approved: ____________________________ _____________________________ Kathleen Hutton, Deputy Clerk Nathan Mitchell, Mayor 12