City Council Regular Meeting

Star City Council Meeting Minutes July 19, 2016 The regular meeting of the Star City Council was held on July 19, 2016 at the 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, Richard Lockett, Trevor Chadwick and Kevin Neilsen were all present. Approval of the Agenda: Chadwick moved to amend the agenda by removing the Waitley Park application per our City Code. Chadwick stated that we can hear the reconsideration now, but fees have to be paid and the notice has to be posted to hold a public hearing and it has to be held at a later date. Legal Counsel Yorgason reviewed the code, the code specifically states that the request for reconsideration may be considered, and then if approved, the party must pay for a new public hearing. If the request for reconsideration is denied, nothing will be done. It was published properly, but the fee was not paid. Council has two options if they approve the request for reconsideration, they could go ahead with the public hearing since it has been properly noticed, or the Council could table the public hearing to a future date certain. It is up to the Council, the fee has not been paid, but the reconsideration can be decided. The reconsideration and public hearing can stay on the agenda to table it to a date certain, fees could be paid and we then don’t need to re-publish in the paper. Yorgason stated the law allows for a reconsideration. The Mayor stated that it is not open for public consideration. The request for reconsideration is properly before the Council tonight, but since they have not paid for the hearing, it is up to the Council if they want to table the public hearing. Chadwick stated that if we table the reconsideration, then they can come back and pay for it. Chadwick moved to approve the agenda as it stands, Lockett seconded the motion. All ayes: motion carried. Consent Agenda: Lockett moved to approve the Consent Agenda consisting of Claims Against the City for June 2016 and the Rockbridge Final Plat, Phase 8, Chadwick seconded the motion. All ayes: motion carried. Public Input: Jack Gardner, 11346 W. Tempe Lane, Star, Idaho, is concerned about the Moon Valley Apartments on the empty lot west of the gas station. It was defeated when it was near the Pinewood Subdivision and needs to be denied now. He learned about the narrative and discovered that south of the subdivision is an RV storage area. They are important enough to be talked about. The six foot fence will have a view from two story apartments. They will serve low income residents. He is concerned about future property values. Since none of you or the city manager lives near there, he guesses that it doesn’t matter. It has been expressed by 1 previous citizens the need for not taking it out of the commercial areas of the City. Let’s get rid of the Comprehensive Plan. If you do something bad to someone it will eventually come back to you. Whether you know it or just don’t care, there is rapid discontent in the city management. We have a negative reputation. The Mayor stated there is a procedure we have to follow. Nielsen asked if Gardner was aware that Council has not seen this application and won’t see it. Gardner stated the City Manager says this is a foregone conclusion. Nielsen stated that the rule zoning law states that when a person owns a piece of property they have rights. Your assumption is that we are forcing this on you. Nielsen asked Gardner if he can point to me what I can do to stop it. Gardner stated you need to re-look at this. Nielsen asked him to point to me in the law; the Comp Plan is not a law anywhere in the USA. Gardner stated that you have the ability to change this. Nielsen stated that it won’t be on an agenda, all they need is a zoning permit, you are mis-informed. Gardner stated that one of the Councilmen running for Council stated that we have issues with ordinances and will need it to be fixed. Nielsen stated we are reviewing all of our codes. Property owners have rights under the constitution. Gardner stated that the Catholic Church owns the property. The Mayor stated that we don’t know who owns every piece of property. Nielsen would like to see people understand what the process is instead of coming to a meeting and lambasting everyone, there is a lot of misinformation that has been given out regarding the Comp Plan and legal procedures. Gardner stated there is divisiveness and anger with the way the applications are being treated. Nielsen stated that Gardner is not wrong and there are people coming to him afraid to come to the Council meeting due to the bullying tactics of some. Gardner asked if the Council is aware of the application. Nielsen stated that he is aware of the application but it is for a building permit only. It is not required to come before the City Council. Gardner believes there needs to be better communication between builders and the City Manager. The Mayor stated this body will not address this application, just like we don’t see every house permit. The zoning is Residential (R8) and that is law. We are working on fixing the discrepancies and we will be scheduling workshops and a hearing to do that. Chadwick stated that the application was submitted months ago, we can’t rezone it now. You can’t rezone property without the consent of the owner. The Mayor stated that it is his lawful right, we can propose a rezone and ask him, but he can say no, I want it to stay that way. It is his property rights. Stephen Sherer, 2090 Star Lane, Meridian, Idaho, stated he is an attorney retained by Tempe Lane community and has had communications with Yorgason. He appreciates Gardner toning down his remarks. Sherer stated that Council has addressed part of the issues, you have to follow the laws. Sherer stated that property owners do not have a right to the zone. A lot of money went into the Comp Plan at the time before this was filed and should have gone to rezone the property for future developments. This piece of property is now not going to be commercial development and is now going to be an apartment development. You can change the zone, the Catholic Diocese would prefer to sell it as commercial property. He would talk to people about rezoning the property. There is commercial property to the east of town. He would invite Council to rezone a lot of this property. 2 The Mayor stated the Comprehensive Plan Map is not the Comprehensive Plan, it is a part only and if you read the actual plan text it does call out for multi-family housing. The front part of the property is looking for commercial. The map is only a small part of the Comp Plan. The text spells out the actual goals and guides. It also says the infill for the highways in the Comp Plan should be multi-family. There is more to the Comp Plan than just the map. Devon Jadeen Bailey, 276 S. Discovery Bay Avenue, Star, Idaho, stated that she would like to remind the Mayor and Council that they serve at the pleasure of the residents of Star and you shouldn’t forget that. In the Idaho Statesman, she read that VCD is wanting to building in Meridian and Meridian doesn’t want them. Meridian has the jobs, transportation and shopping that can support the low income people; we don’t have and won’t have that here in Star. One bus won’t get them to services or social services. It is not the right place for high density housing, we as a City of Star cannot support them, we don’t have the facilities to do that. She doesn’t know how many people want to pad their pockets or are we a haven for low income properties. John Turnipseed, 11725 W. Caribee Inlet, Star, Idaho, stated that it is a travesty with all the murdering of Police Officers. He would like to request the Council to provide accolades/citations to our Police from the Council for the tough job they do. The Mayor stated he too appreciates the Police. We will do something for them. Ryan Henson, 191 S. Spring Lake Way, Star, Idaho, stated he is concerned in reviewing the letters sent to Council. He doesn’t know about bullying. Singling out people because they voted against something. These are those bullying tactics, he is a lawyer. The case that was citied, the recusal has to do with facts. What he has been told is there is a Councilmen being asked to be recused, but he does not own property and therefore does not have any conflicts. He is concerned as this is a do-over, you don’t have to recuse yourself as having self-interest. Gerrard Cattin, ___________W. Caribee Inlet, Star, Idaho stated he has two statements. Regarding the Moon Valley Apartments, he sat on a bench for a decade, the same rules apply, you get to vote on policy, once you put policy in place, you don’t get to change things when people don’t like it. We are asking for Council to review the policies. You are wearing a hat of a judge and zoning is the law. Review the planning and zoning and Comprehensive Plan. You are entitled to build according to zoning. When it comes to policy making you cannot ask yourself to be recused, just on the rule making and policy changing zoning you cannot be asked to recuse yourself. If it became law, no work would get done. It is first and foremost a policy making decision. John Tomkinson, Homedale, Idaho, stated he was on the Ada County Planning and Zoning Commission for six years and he had a lot of words with Nate Mitchell. We’ve grown up, but we aren’t grown up. These people are here because they expect you to protect their interests – you’re not. Tomkinson stated that Ward is part of the problem as she won’t come out to the counter and is not doing her job. The Mayor stated that staff was doing what they were told. Nielsen asked Tomkinson what he believes is due process and that it is his opinion; we are here because of due process. Tomkinson stated that Nielsen wasn’t convincing him. The City Council is not forcing the applicant to come here. Nielsen stated that it is afforded by the 3 constitution. Nielsen stated that to say that the City keeps forcing this on you is inaccurate and unfair. David Bauman, 232 Langer Lake Way, Star, Idaho, stated he is addressing the letter the attorney’s sent to bully their way into reconsideration. The reconsideration had to be filed within seven days and that is the only thing the Council can hear. The letter sent this week doesn’t enter into the process. The public hearing was put on the agenda, but cannot be heard whether it saves the money or not to table it. Regarding due process, if the reconsideration is approved, then there would be notice given of a public hearing so citizens can prepare for it. Old/New Business: Request for Reconsideration of the Waitley Park Application – The Mayor asked Yorgason to explain the process. The City received a request for reconsideration due to a couple of Council members that live in the subdivision. If the Council denies the reconsideration, the applicant can go to court and the same thing if it is approved, when we have the public hearing that decision can be heard. This is not an appeal. If the court finds the Council members have an economic interest, those people are prohibited from participating. You can’t participate on part of it, you do it all or nothing. A whole other hearing can be done cleanly as there was no disclosure. For the Council’s decision to reconsider the application, then the entire application gets heard. Council may want to continue the public hearing until the fees are paid. Nielsen moved to approve the request for reconsideration. Hershey stated he lives is Pinewood Lakes and his interest is his home. Hershey stated he does have to recuse himself from all applications of Waitley Park and apologized for this. He was elected for the City by the City. He won’t second a motion. He does not want to cause legal problems. No second was given: motion dies. Chadwick stated he is a renter in Pinewood Lakes and has been there since 2009, there is still confusion as to if he should recuse himself, he doesn’t think it is the right thing to do. He is the second person mentioned in the letter. Chadwick moved to deny the request for reconsideration for the Waitley Park Application, Lockett seconded the motion. Lockett and Chadwick – ayes; Nielsen – nay. Hershey recused. Motion carried to deny the reconsideration. The Mayor stated we will take a five minute recess. Fallbrook Preliminary Plat (continued public hearing) - The Mayor asked the applicant to speak and reminded Council that this was continued to consider the removal of the 500’ block lengths. Kevin McCarthy, KM Engineering, stated they did move the block lengths and adjusted them, the overall layout still has the 282 residential lots. Nielsen stated that it appears that you 4 removed the request for variances and those driveways only serve two lots now. McCarthy stated that Nielsen, was correct the variances were removed and block lengths were shortened with the exception of one. The Mayor stated we also discussed some landscape barriers to the north of the property. There are some issues with the ditch. The Mayor asked if they contacted the landowner. McCarthy stated they have a 50 foot common lot there, they cannot put anything beyond the ditch. Kirsti Grabo, KM Engineering, stated that their client has reviewed the property boundaries. There are several mature trees along the area, neighbors won’t have a full on view of the subdivision. We do have photos if you’d like to see them. Chadwick asked if the trees are on their property or the Battey’s property. The trees appear to be on the Battey’s property. Pictures were passed out. The Mayor asked if there will be any buffering at all. Tim Eck, Developer, stated that he did have a conversation with staff about mitigating the view, the prior subdivision had a street and now they have a 50-foot buffer. He doesn’t know where there could be a buffer, 70% of the subdivision is currently blocked, there is a fence there now and most of the trees are on Battey’s property, it appears that it is obstructed already. Kristin and Eric Battey stated that the trees are not on their property. The trees are in the ditch easement except for a willow tree. Eck stated the property has not been surveyed and it does appear to be north of the 50 foot easement, we don’t plan to do anything with it. The irrigation district can do something with it. The previous plat had a road going through there. McCarthy stated it will be the lot 13, there will be a 50 foot buffer and the fence will be on the property line. It is a 50 foot common lot. Nielsen asked if that would be considered part of your green space. McCarthy stated that it would be as we have been restricted by easement. Lockett asked about blocks 14 and 4, are they big open spaces, and are they going to be manicured or part of the drainage. McCarthy stated there will be grass there, it will have sprinklers. Block 14 will be more of a natural area. We will use the area as drainage and as an open space and it needs to go on a common lot. We are going to put pathways around it and they will be useable. Chadwick asked if the pathways will be paved. McCarthy stated that they would be. Lockett doesn’t want this to turn into weed patches that need to be maintained. McCarthy stated that they would be maintained. Lockett stated they have met the changes that we requested. Nielsen is of the opinion regarding the landscaping buffer and the Batteys may not agree, but maybe talk outside this meeting about buffering the property. Lockett stated that the developer may not put anything up there. Nielsen stated they can discuss it outside the meeting. Nielsen stated he would like to address the use of drainage and unfinished lots in City Code. Nielsen moved to approve the Fallbrook Subdivision Preliminary Plat, File #PP-16-02 with the 14 conditions of approval, Lockett seconded the motion. All ayes – motion carried. 5 Reports: Staff - Ward stated that apparently she is not doing her job, so she has nothing to report. City Attorney – Nothing to report. Council – Hershey stated it was a privilege to go on a ride-along with the Ada County Sheriff’s. He radared Nielsen. He has done this before and they answer all kinds of calls. He rode with Deputy Speaks and job well done. Lockett stated he attended the Hometown Celebration and it was a very good afternoon, morning and evening. Lockett stated he attended the Fire Department meeting and they are in the black and doing a good job. Chadwick stated he did meet with Sewer and Water to see their building; it is a great building and a great price. We have available 1500 water and sewer hookups. The Beautification Committee is meeting tomorrow. The State Baseball Tournament is this weekend at Duck Alley, Chadwick invited all to attend. Nielsen attended an event hosted by AIC regarding the legislative session. We need to define our definitions of nuisance dog and define them more down to the breed we allow. There are more changes coming for homeowners associations. The EDC will meet tomorrow, been proactive taking on the Comp Plan and reshaping it to encourage economic development and provide buffer zones. Nielsen is very pleased with progress. They will have several workshops. He is working on a video for Star, the many positive things in the City. The Mayor thanked everyone for participating in the Hometown Celebration. It was great, the parade was bigger and better, breakfast served about 450-500 people. The Youth Committee did concessions and raised $2500 for the scholarship fund. He appreciated all the effort that everyone put in. We do have a new Chief of Police. Chief Laraway will retire the 16th of August. We did get our permit issued for the boat launch and we have a year to start it, but will need to start it this fall. This Saturday there will be a lot of dirt moving at Pavilion Park, Lurre Construction will be moving dirt for the BMX track. The skate park is moving. Adjournment: The Mayor adjourned the meeting. The meeting was adjourned at 8:30 pm. Approved: ___________________________ Respectfully submitted: Charlton Bell, Mayor ___________________________ Cathy Ward, City Clerk 6