City Council Regular Meeting

CITY OF STAR COUNCIL MEETING JUNE 6, 2000 The Star City Council met in regular session on June 6, 2000, Mayor Gussie O’Connor presiding. ROLL CALL: Benedict, Glasgow, Dias; Stegenga arrived late. MINUTES: Glasgow moved to approve the minutes as presented, seconded by Dias. All aye, motion carried. NEW BUSINESS: Ada County Assessor Presentation: Mayor O’Connor welcomed Robert McQuade, Ada County Assessor to the meeting. McQuade discussed the assessment notices that have been sent out to residents in Star. He discussed the difference between market value and tax value and the different values of residential and commercial properties. The new construction roll for Star is $6.9 million. McQuade then introduced Sheldon Bluestein, Records Supervisor. Bluestein stated that he is responsible for all land mapping and that they would help Star with any mapping they needed. Bluestein has left maps and a CD with mapping information for the city. Public Hearing – Cluff Conditional Use Permit: The Mayor opened the Public Hearing and asked for conflict of interest among Councilors – there were none. Mayor O’Connor asked for staff report. Adell Heneghan, AJ Associates stated that the Conditional Use Permit was for a private feline kennel operated by Chris Knaus & Ilene Cluff. Heneghan reviewed the permit and the response from public agencies. Heneghan stated that the Cluff’s had not posted the site as required. Heneghan stated that the City had received one letter in opposition to the kennel and read the letter sent by Chris Smith (property owner within 300 feet of proposed kennel site). Another letter received from an officer of the Humane Society was read regarding a visit to the kennel site. Heneghan then read the conditions recommended by staff to grant the permit. Discussion was held on the request from the City to the Cluff’s to clean up the site. Heneghan stated that some of the vehicles have been removed, but there are still more vehicles in disrepair at the site. The Mayor asked for the applicant to speak. They were not in attendance. The Mayor asked for public input. Lynn Holmes, 300 S. Main, Star 1 Stated that she has requested that the dilapidated trailer be removed and is concerned about her property value. The owners are not following the current ordinances and the City has had to enforce the abandoned vehicle ordinance. She does not believe this is an appropriate place for a kennel. She presented pictures to the Council of the area and trailer. Debbie Amsden, 341 S. Main, Star Stated that she doesn’t want this kennel allowed. Her property value is in jeopardy and she can’t sell her property now. The cats are out and have come under the fence at the neighbors. Bill Sargent, 10287 W. State, Star Opposed to kennel, but not present for testimony. Ann Sargent, 10287 W. State, Star Opposed to kennel, but not present for testimony. Heidi Carlson, 960 S. Main, Star Stated that she is a Real Estate Agent and agrees with views previously testified too. Kristine Battey, 2420 N. Munger, Star Stated that she is in agreement with testimony and opposes the kennel. The Mayor closed the public hearing. Benedict asked for legal opinion. Moore recommended that the Council accept the testimony and take no final action. He stated that the Council could give the Cluff’s until the first meeting in July to comply with ordinance requiring the posting the site. If at that time no posting is made, this will be grounds for denying the permit. Moore also was of the opinion that the Council would not have to wait until the property was posted in order to deny the conditional use. Glasgow asked if any of the neighbors that had given testimony had seen a sign posted. They all stated that they hadn’t. Dias moved to deny the Conditional Use Permit for a feline kennel. Stegenga seconded the motion. All aye, motion carried. Glasgow moved to have legal council send notice to Cluffs regarding legal proceedings regarding cars, cats and clean up. Stegenga seconded the motion. All aye, motion carried. Public Hearing – Mira Retail: The Mayor opened the Public Hearing and asked the Council for any conflict of interest. There were none. The Mayor asked for staff report. 2 Jim Heneghan, AJ Associates stated that the Commercial Planned Unit Development for an 11,050 square foot retail complex owned by Jerry Frank and represented by Patrick McKeegan. Heneghan reviewed the application and public agency input and conditions. Heneghan read into record a letter received from Brian & Tracy Flansburg in opposition. Mayor O’Connor asked for the applicant to speak. Patrick McKeegan, 218 S. Cole Road, Boise. McKeegan stated that there were no problems with meeting the conditions from public agencies and staff. He stated that the complex had been put together in support of the community requests. They have two options on the building for flexibility. If approved, they would purchase building permits as soon as possible. The types of businesses they are looking for are office use, dry cleaning, food service; they are not targeting any one type of business. The Mayor asked for public input. Brian Flansburg, 10705 W. First Court, Star Stated that he submitted the letter to the City and had several concerns. He is concerned about the extra traffic and the kids that play in that area; there is a school bus stop there and all the homes in that area have kids. He is concerned about the noise, fumes and decrease in property value. He would like to see a better buffer zone with more trees and asked if there would be an alley behind the building. Glasgow asked if Flansburg knew this area had been zoned commercial before buying his home. Flansburg stated that he knew it, but was told it would be a quiet Monday through Friday business. Sean Reilly, 10706 W. First Court, Star Stated that he would like to see offices for business go in just not high traffic business. He would like to have the types of business more defined. Glasgow asked if Reilly knew that this area was zoned commercial. Reilly stated that he did but was told it would be office space. Kimberly Aulenbacher, 640 N. Nebula, Star Stated that she was not aware that this area would be a commercial area. She is concerned about the kids and bus stop area and the traffic. We need something to compliment the other businesses in town. We don’t need this area to be a teen hangout. She would like to see specific types of business go into the complex. Sherie Borgquist, 10683 W. First Court, Star Stated that she is in favor of new business in Star, but not in favor of having a drive up window at that location. She believes it would cause a decrease in property value. She is opposed to a food service type business and wants a thicker barrier put up between residents and business. 3 Glasgow asked if Borgquist knew that this would be a commercial area. Borgquist stated that she did. She would like to keep the building as a buffer as opposed to parking behind the building. Ken Olsen, 10727 W/ First Court, Star Stated that he was told this area would be office space only. He doesn’t believe a dry cleaners or carry out pizza place require a drive-up window. The Council needs to consider the bottleneck in traffic that this will cause due to the two lanes going down to one and the extra traffic from the Post Office. Benedict asked Olsen if he would like to see a stoplight installed there. Olsen stated that it was a traffic hazard but did not warrant a stop light now. The Mayor asked for the Applicant to speak again. McKeegan stated that there would not be an alley, all users will come through the front door. The drive-up window would only operate from 8:00 am to 5:00 pm, and he did not believe Star would be the first place for early morning deliveries. McKeegan stated that they have no control over transportation issues and where exits and entrances go. He suggested that maybe the bus stop could be moved farther into the subdivision if it a safety concern. In regards to the types of business, he stated that the Zoning Ordinance states the types of businesses, they are looking to put in quality businesses and it may not be viable for some businesses. Glasgow asked for lighting in the parking lot. McKeegan stated that was no problem. Benedict asked who the Management Company would be. McKeegan stated that it would be Petra, Inc. Dias stated that the signage needs to comply with requirements and asked about the dumpster. McKeegan stated that the dumpster would be enclosed in a masonry enclosure. Glasgow moved to accept the Commercial Planned Unit Development for the Mira Retail Complex including the findings and conclusions. Dias seconded the motion. All aye, motion carried. Public Hearing for Waterview Estates (Blue Heron Subdivision): The Mayor opened the Public Hearing and asked Council if there was any conflict of interest. There was none. The Mayor asked for staff report. Adell Heneghan, AJ Associates stated that the application for zoning, conditional use for planned unit development and preliminary plat consisted of 205 residential lots and 7.43 acres of open space. The owner is Star Mercantile, Inc. and is represented by Shawn Nickel of Hubble Engineering, Inc. Heneghan reviewed the permit, responses received from public agencies and recommendations. 4 The Mayor asked the Representative to speak. Shawn Nickel, Hubble Engineering, Inc., 9550 Bethel court, Boise showed a map of the proposed subdivision, stating that there were over 205 lots and over 10 percent open space. Discussion was held on location of tot lot, stub streets and the cul-de-sac not being tied into a road, ponds and safety concerns regarding the canal. They will complete a phase a year with homes ranging from 1,100-1,200 to 3,000 square feet. Glasgow asked if there was a street light plan. Nickel stated that he would work with staff on the plan. Discussion was held on pathway for kids to go to school. The Mayor asked for public input. Bill Sargent, 10287 W. State, Star Opposed to subdivision, not in attendance to testify. Ann Sargent, 10287 W. State, Star Opposed to subdivision, not in attendance to testify. Heidi Carlson, 960 S. Main, Star Opposed to subdivision, not in attendance to testify. Kristin Battey, 2420 S. Munger Road, Star Opposed to subdivision, not in attendance to testify. Hank Veldhouse, 11600 W. Floating Feather, Star Stated that he questioned when they were going to widen North Star Road, that there would be a problem with traffic. He also stated that he has a problem with the common area and wanted to know what percentage of the subdivision would be entry-level homes. Pam Leverett, 946 S. Main Street, Star Asked who would be paying for the sewer lines. The Mayor asked the Applicant to respond. Nickel stated that the developer would be paying for the sewer lines. He stated that the ratio of entry-level homes is about 35% (70 lots), phase one and two have entry level housing. Nickel stated that they propose to possibly circulate water from the canal to the pond to keep water circulating and prevent mosquitoes. The Mayor closed the Public Hearing. 5 The subdivision is part of the Star Sewer & Water District. Property owners will be responsible for maintaining their portion of the canal not the Canal Company. Benedict moved to table the decision for two weeks until Hubble Engineering could address the following: - what other uses could be made of the area by Block 9 lot 2; designate a pathway for school children to go to school and – re-designate the Tot Lot. Dias seconded the motion. All aye, motion carried. Sign Permit – Signs, Etc.: The Mayor asked for staff report. Adell Heneghan, AJ Associates stated that this permit was for an interior lit marquee monument sign to be located at Star Elementary School. Staff recommended approving sign with conditions. Deborah Tisher, 480 N. Mira asked the City to waive the permit fee for this sign. Glasgow moved to approve the sign and waive the sign fee. Stegenga seconded the motion. All aye, motion carried. Shooting Comet Subdivision Extension: Jim Heneghan, AJ Associates stated that this request was for a time extension on phase #7 of Shooting Comet Subdivision as they are having problems with drainage. It was recommended to grant this extension. Glasgow moved, Dias seconded to grant the extension to Shooting Comet Subdivision. All aye, motion carried. UNFINISHED BUSINESS: Blake Park – Dale Blake, 767 Star Road, Star asked to postpone the final signing of this contract until he could have the property surveyed. Glasgow moved to postpone the signing until Mr. Blake asked the City Clerk to be on the Agenda. Dias seconded the motion. All aye, motion carried. Investment of Funds – Stegenga stated that we currently have $182,000 in the bank but 82,000 is not insured. We need to transfer this money into a CD. Moore suggested looking into the State Treasurer’s Investment Pool. The Mayor directed the City Clerk to call and get information regarding what is available. Glasgow moved to table this item until the next meeting. Stegenga seconded the motion. All aye, motion carried. 6 Comp Plan Discussion – The Mayor would like to get the Comp Plan Committee back together. Glasgow stated that this would be covered as the Planning & Zoning Commission is formed. Committee of Nine – The Mayor showed a map of the Star area and what is now proposed as the area of impact. The Mayor read the Memorandum of Understanding. We have received a letter of support from the City of Kuna. The City of Meridian will not be writing a letter and Eagle has already sent a letter. There is no date for the next meeting of the Committee of Nine. MAYOR’S REPORT: The Mayor stated that Star received an award from Ada County Solid Waste for teamwork in hazardous household waste clean up. The Spring Clean Up was a big success. Thank you letters have been sent to BFI, the Star Merc and Ada County Landfill. We hope to do this annually. The Sheriff’s office would like the Council’s input on sending out a questionnaire regarding public safety to the public. A representative will be at the next meeting. The Mayor handed out business cards to the Council and showed the public the new letterhead and envelopes with the new logo. The Mayor reported that the City of Star has been a victim of bank fraud. Someone has forged the Mayor and Clerk’s names on checks in Utah. The proper authorities have been notified and the account has been changed. ATTORNEY’S REPORT: Glasgow asked Moore to check on using irrigation water to fill a pond. Cluff’s were sent a letter by mail regarding the car issue. Moore will send a letter regarding the cats and trailer. We have received payment from the Cable Company for franchise payment. Moore will be writing a letter to the Cable Company regarding one month that was not paid for. ENGINEER’S REPORT: Adell Heneghan stated that the lot splits and lot line adjustments for Marcus/Stenenger were now null and void. It has now reverted back to the set back variance. Heneghan stated that they are currently investigating two properties that do not have building permits. CLERK’S REPORT: Lambert stated that the Mayor and Council would need to decide on another meeting date for their first meeting in July as it falls on a holiday. 7 Dias moved to have only one meeting in July (17th), Glasgow seconded the motion. All aye, motion carried. Lambert stated that the second phase of the RCA grant had been denied and that Mr. Spence would be at the next meeting to discuss this issue. Jim Heneghan stated that we did get the first phase approved and the copies of the Community Action Plan had been passed out. Heneghan stated that we could only apply for this grant once a year. A copy of the plan is available at City Hall for $2.22. There will be a Press Conference on Tuesday the 13th for this award at 1:30 pm at Emerald and Orchard. Lambert stated that we have received a notice of penalty from the IRS regarding late payments of payroll taxes in the amount of $131.61, she would like to add that to the claims against the City. CLAIMS AGAINST THE CITY: Stegenga asked that the $38,000 in carry over be moved to the appropriate revenue column. Glasgow moved to approve the claims against the City including the $5,000 to AJ Associates for the Community Action Plan and the $131.61 to the IRS. Benedict seconded the motion. All aye, motion carried. BUDGET WORKSHOP: Dias stated that there would be no workshop tonight, but another meeting would be scheduled. Dias moved to appoint Gene Veldhouse to the Budget Committee, Stegenga seconded the motion. All aye, motion carried. Lambert was asked to post notice of no meeting on July 4th. ADJOURNMENT: Stegenga moved, seconded by Dias to adjourn the meeting. All aye, motion carried. Meeting adjourned at 11:24 pm. Respectfully submitted: Approved: ______________________ _____________________ Cathy Lambert Gussie O’Connor City Clerk Mayor 8