City Council Regular Meeting

STAR COUNCIL MEETING MINUTES June 4, 2002 A regular meeting of the Star City Council was held on June 4, 2002 at the Star Fire Station at 7:00 pm. Mayor Gail Glasgow called the meeting to order and all stood for the Pledge of Allegiance. Roll Call: Spence, Mitchell, Stegenga, Bell Approval of the Agenda: Stegenga moved to remove Pristine Meadows Findings of Facts and Conclusions of Law from the Consent Agenda and place it under Unfinished Business as 8b, Mitchell seconded the motion. All aye: motion carried. Mitchell moved to approve the Agenda as amended, Stegenga seconded the motion. All aye: motion carried. Swearing in of New Councilman: Mayor Glasgow administered the Oath of Office to Chad Bell. Consent Agenda: Mitchell moved to adopt the Consent Agenda, Stegenga seconded the motion. Roll Call: Spence – aye, Mitchell – aye, Stegenga – aye, Bell – aye. Motion carries. Visitors/Public Input: Bob McQuade, Ada County Assessor’s Office – McQuade addressed the Council with numbers of the Star Primary Roll Assessment information. These are not the final numbers, but will be close. Final numbers are due in July. McQuade stated that the total City market value is about 92 million which is up about 16.5%, tax value is at 67.5 million which is up 18.5%. Star has 952 residential parcels which is an increase of 6.5%, and there are 62 commercial parcels which has not changed from last year. New construction in residential parcels is at 42, which was at 102 last year, a 52% decrease. Star had one commercial parcel, we had two last year. The tax burden in Star falls 88.8% on residential and 11.02% on commercial. Dave Shackley, 754 S. Main, Star, Idaho stated that he doesn’t want a gas franchise fee, he doesn’t like hidden taxes. If Star needs more money just put it in as a tax increase. Resolutions/Ordinances: Ordinance No. 66 Gas Franchise - It was moved by Stegenga and seconded by Mitchell 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. 66 be considered after reading once by title only. 1 Mitchell stated that the City has a process it is required to go through for collecting money per Idaho Code. We cannot get rid of all the franchise fees as they may pay for other utilities. Roll Call: Spence – nay, Mitchell – aye, Stegenga – aye, Bell – aye. Motion carries. Mitchell moved to adopt Ordinance No. 66 an Ordinance of the City of Star, Idaho, granting to Intermountain Gas Company a forty (40) year extension to its franchise to construct, maintain and operate a gas transmission and distribution system; providing for the use of streets and alleys, and rules governing the same, subjecting the grantee to all powers of the City; setting forth the rules of the franchise and grant; providing for the right of inspection by the City of grantee’s plans, accounts, and books; requiring grantee to furnish certain maps; setting forth the annual payment to the City, and the filing of annual reports with the City; requiring grantee to indemnify City, and file evidence of insurance; requiring compliance with safety regulations; setting forth an agreement not to compete, reserving power of eminent domain; providing for surrender of franchise; granting right to salvage; requiring written acceptance; providing for consent to sale, assignment or lease; providing for payment of publication cost; setting forth penalties and forfeitures, separability and repeal. Stegenga seconded the motion. Spence stated that she wasn’t comfortable with adopting this fee, as we don’t know where the money is going. Roll Call: Spence – nay, Mitchell – aye, Stegenga – aye, Bell – aye. Motion carries. Ordinance No. 65 Flood Plain - The Mayor stated that he believes that this Ordinance should be read by title only as he believes that people were misled at the public hearing and should get more information. Mitchell read by title only Ordinance No. 65. An ordinance of the City of Star, Idaho adopting the Flood Plain regulations within the corporate limits of Star; providing for statement of purpose, definitions, areas of special flood hazards, lands to which the Ordinance applies, providing for administration, permit requirements, application procedures, provisions for flood hazard reduction; and providing for an effective date. Ordinance No. 68 Zoning Changes - The Mayor explained that there were three items included in the zoning change. Spence discussed the Flood Ordinance. She believes it to be well established and that there doesn’t need to be anymore meetings to clarify it and we should not delay it. Mitchell stated that there was no delay, but by allowing the three readings, people affected could get more information and talk with the Council. Spence moved to reconsider Ordinance No. 65, Stegenga seconded the motion. Roll Call: Spence – aye, Mitchell – aye, Stegenga – aye, Bell – aye. Motion carries. 2 It was moved by Spence and seconded by Stegenga 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. 65 be considered after reading once by title only. Roll Call: Spence – aye, Mitchell – nay, Stegenga – aye, Bell – nay. Mitchell stated that he does not believe its right to dispense with the ordinance, people need to have an opportunity to get educated about the insurance. Stegenga understands the concerns and we did have a public hearing, but he is concerned about the timing urgency for people to get insurance. Bell stated that if the maps have not changed much we can wait, but if it is a significant change we need to proceed. The Mayor stated that there are 28 parcels in the Flood Way. Spence stated that the public was informed and it was not a real issue. We can have Carla Olson write to the homeowners effected. Roll Call: Spence – aye, Mitchell – nay, Stegenga – aye, Bell – aye. Motion carries. Spence moved to adopt Ordinance No. 65 an ordinance of the City of Star, Idaho adopting the Flood Plain regulations within the Corporate limits of Star; providing for statement of purpose, definitions, areas of special flood hazards, lands to which the Ordinance applies, providing for administration, permit requirements, application procedures, provisions for flood hazard reduction; and providing for an effective date. Stegenga seconded the motion. Roll Call: Spence – aye, Mitchell – aye, Stegenga – aye, Bell – aye. Motion carries. Ordinance No. 68 Zoning Ordinance Changes - It was moved by Stegenga and seconded by Bell 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. 66 be considered after reading once by title only. Mitchell stated that he does not believe it to be detrimental to wait for three readings of this ordinance. There are public concerns. Spence agreed with Mitchell and stated that we need to revisit the ordinance and asked Legal Counsel if the changes could be broken out. Susan Buxton, City Attorney, stated that sections can’t be broken out without rewriting the ordinance. 3 Roll Call: Spence – nay, Mitchell – nay, Stegenga – nay, Bell – nay. Motion dies. Mitchell read by title only, Ordinance No. 68. An Ordinance of the City of Star, Idaho, amending the Zoning Ordinance, to amend Section 2.4 to replace the schedule of building height and lot area regulations; amending Section 9.8D to providing new sign requirements; amending Section 11.7.22 adding Home Occupation and renumbering Sections 11.7.22 through 11.7.30; and providing an effective date. New Business: Valley Times – Geneva Trent - Trent stated that she was there to ask the Council that they consider the Valley Times as the official paper of Star, and stood for any questions. Buxton stated that she received a call from The Idaho Statesman regarding the second class mailing permit. She is concerned that this change needs to meet the Idaho Code. She has questions about circulation covering enough area and suggested that the Council put information in both papers. Spence asked how many subscribers there were in Star. Trent stated that there are 12 and all else want them free. The Valley Times is currently publishing for Eagle and is to be on the agenda for Meridian. Mitchell stated that we have a timeframe problem with publishing legal notices. Spence stated that it was best to publish in both papers. Spence moved to deny the request by Valley Times to be the official paper for the City of Star, Mitchell seconded the motion. Roll Call: Spence – aye, Mitchell – aye, Stegenga – aye, Bell – aye. Motion carries. Unfinished Business: City Hall Sign - The Mayor showed all the picture of the proposed sign and stated that it would be similar to the Mira Plaza sign. Spence stated that she believes the City should hold off on the sign until it finds a permanent building. Stegenga wants to have four lines instead of three. Mitchell stated that the sign is a good idea, but believes that the price is not competitive. Bell stated that he likes the basic design, but believes we should acquire more bids. Stegenga moved to proceed with the sign design and acquire more bids, Bell seconded the motion. 4 Spence stated that the City needs to save it’s pennies to purchase a permanent building – we need to be frugal. Roll Call: Spence – nay, Mitchell – aye, Stegenga – aye, Bell – aye. Motion carries. Pristine Meadows Findings of Facts and Conclusions of Law - Stegenga moved to approve the Findings of Facts and Conclusions of Law with the addition of the City’s 34 Standard Requirements, Mitchell seconded the motion. Roll Call: Spence – aye, Mitchell – aye, Stegenga – aye, Bell – aye. Motion carries. Reports: Mayor – The Mayor stated that the street lights are proceeding, and we are waiting on the lights themselves. The parking lot walk through will occur on Thursday with the start of construction on Monday. Spence asked the outcome of the meeting with Alloway regarding the change order. The Mayor stated that we will need to pay the change order. Council - Spence discussed the news media and SNAG (see attached speech). Stegenga handed out his typed report. Attorney – Buxton had nothing to report. Adjournment: Mitchell moved to adjourn the meeting, Stegenga seconded the motion. All aye: motion carried. The meeting was adjourned at 8:20 pm. Respectfully submitted: Approved: ____________________ ________________________ Cathy Lambert, Clerk Gail Glasgow, Mayor 5