City Council Regular Meeting

City of Star Council Meeting Minutes May 15, 2007 Pre-Council: 6:30 p.m. 1. Bailey & Company Audit Report – Jared Zwygart, representing Bailey & Company stated that there are three different types of audit reports: the Financial Statement Audit (ours), a Fraud Audit which is a more in depth audit and Performance Audits which are very costly. Bailey & Company make sure the City records are acceptable to general accounting practices. If there was a concern with the financials, Bailey & Company would have brought it to the Council’s attention immediately. Zwygart reviewed the balance sheet, budget detail, and revenue and expenditures. Zwygart stated that the Council can rely on the financial statements that they receive. 2. Boise Metro Chamber of Commerce Presentation – Paul Hiller gave out information packets to the Mayor and Council and gave an update on the program. The Boise Valley Economic Council started a program (BVEC) a year ago to get the economic development going in the valley. It was very successful. The thrust of their effort is to get more business into the state and get better paying jobs for our citizens. They have sent people out nationally for recruitment. Hiller stated that we don’t want the $9.00 or $10.00 jobs, we want higher paying jobs for our citizens. Hiller asked for the Council’s continued support of the program. Christopherson asked how they track their successes? Hiller stated that it is related to jobs and dollars coming into the community. McDaniel asked if the 5,000 employees is their goal for a year. Hiller stated that it is for a period of five year. Christopherson asked what the rationale was for the types of business. Hiller stated that it was developed by the Chamber, and they tried to pick what would match for the area and what we wanted to come to Idaho. 3. Ada County Assessor’s Office Presentation - Bob McQuade presented the annual assessments. He will send out 3,300 assessments to Star this year. There will be changes to the assessments this year and not all extensions have been given yet. The market value is not set by the assessor, it is based upon sales. McQuade stated that the percentage increases were unbelievable this year. The total market value is up 92%, county wide we are at 14%. The taxable value is up 82%, up a little more than last year. Parcel count is up 32%. There is an increase for existing property of 17%. Things are slowing down, but sale prices are about the same and land is driving it. The commercial is up 34 million or 48%. In new construction we are seeing an increase of 118 million over last year. County wide it is about 21%. On bare ground we are at 60 million or a 143% increase over last year. The tax burden is at 89%, still being paid by residential. The homeowner’s exemption will be going up 19% this year. A 15% increase is considered a breakeven point. The Mayor asked if the residential unit count included a lot without a house on it. McQuade stated that it does. Regular Meeting: 7:00 p.m. 1 The regular meeting of the Star City Council was called to order on May 15, 2007 at the Star Fire Station. Mayor Nathan Mitchell asked all to stand for the Pledge of Allegiance. Roll Call: Council persons Tammy McDaniel, Dustin Christopherson, Tom Erlebach and Chad Bell were all present. Approval of the Agenda: Christopherson moved to approve the Agenda, McDaniel seconded the motion. All aye: motion carried. Consent Agenda: The Consent Agenda consisted of the Regular Meeting minutes of May 1, 2007, Waterview Subdivision Phase #4 Final Plat Extension, Approval of the 2006 Audit Report, Approval of the Boise Metro Chamber of Commerce Monetary Request and Findings of Fact and Conclusions of Law for: Hidden Meadows Annexation/Zoning/Preliminary Plat and Mac Land Annexation and Zoning. McDaniel moved to approve the Consent Agenda, Christopherson seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell – all aye: motion carried. Public Input/Presentations: Star Police Report – Sergeant Ramage reviewed the April report. There have been a couple of construction burglaries this month. Our officers are doing more checks at night. Ada County Highway Presentation – Right-of-Way Obstruction Fee Ordinance – Brian Huey presented a proposed ordinance on the Right-of-Way Obstruction Fee regarding developers working in the right- of-ways for extended periods of time. Huey stated that they not only extend the time they are to be working in the right-of-way, but they also leave equipment out in the road. ACHD would like to put something in place to get these developers out of the right-of-ways as soon as possible. The fees from these violations will be put back into the road funds. The City of Denver has this in place now and they have seen a 45% decrease in problems like this. This is set to go before the ACHD Commission and is proposed to be in effect by the end of July. Christopherson asked what kind of City involvement they were looking for. Huey stated that they wanted to City to be aware of it, but involvement will be at a staff level. Committee Reports – Chris Stokes, Chair of our School Committee stated that they have held two meetings already. They are getting organized and educated now. This month’s meeting they will have Anne Ritter of the Meridian School District speak and in June, Eric Exline will be speaking. They are hoping for ten committee members; they need about three or four more members. Our representative, Anne Ritter will be here on Tuesday at the Senior Center, June 26th Eric Exline will attend. Public Input: Richard Hall, 1885 N. Waterbrook Way, Star, stated the City has annexed property in Canyon County and asked if they will share in taxes. The Mayor stated that they would. Hall asked if there was a bypass planned for downtown Star. The Mayor stated that there was not, the transportation district is looking at Highway 16 and a river crossing. Hall asked if there was an architectural review committee for building in Star. The Mayor stated there is an on going discussion about this. We do have some adopted standards now. Hall suggested a full time code enforcement officer. The Mayor stated that we have one. Hall believes that developers should pay for developer impact and transportation fees. 2 The Mayor stated that they do. Hall stated that he is not against growth, but believes it is time to implement a lot of these fees. He suggested a moratorium, so we don’t have just rampant growth. Gary Smith, 258 S. Langer Lake Way, Star, gave a power point presentation for the Council. He is concerned about the Idaho Statesman report. Houses are continuing to drop in price. Smith stated that there are nearly 8,000 homes in the valley right now for sale. That is an 80% increase. This will be pushing our home prices. The existing home prices are being driven down. California was the biggest factor in the rush for homes in Idaho. Smith asked why are we still building homes. He asked if there is a plan that the City is working on and do we know how many people will be here? The City should start issuing building permits on homes that are on contract and not speck. We have enough inventory now. The Mayor stated that he will address the building in Star in a letter to the public and stated that there are no specific numbers of building permits allowed. The City is not allowed to ask that if the houses are under contract or speck homes, it is illegal. We can issue permits or not issue permits. There is not a master plan designating the number of building permits. McDaniel asked if he has seen the media report regarding Idaho. Smith stated that he had and we do not want to be compared to or be like Fort Bragg. Public Hearings: Bell Conditional Use Permit – The Mayor explained the process of the public hearing and stated where the building for the conditional use permit was located. The Mayor asked Council for any ex parte contact or conflicts of interest, hearing none the Mayor opened the public hearing. Darin Taylor, Taylor Land Planning, representing Star residents David and Denalee Bell. They believe there is enough population to warrant this type of building. The northwest corner of State Street is zoned limited office. Taylor reviewed the items that are approved in the limited office zoning designation. This is sited north of State Street and Taurus Way and is zoned all limited office to Mira Plaza. South is residential and limited office. One of the uses is a convenience store along with retail stores. This comes before you as a conditional use permit. Conditions have been presented by staff. Taylor stated they have reviewed these proposed conditions 1-7. At this time they would like to withdraw the drive through window request and explained that the building has been moved. The rear driveway will stay for deliveries. There is a traffic engineer here tonight. Taylor presented extra conditions they are willing to make and reviewed them with the Council. The Idaho Transportation Department will defer to the City on the proposed accesses and approaches. There will be increase parcel frontage to the west with a lot line adjustment. Taylor stated that all structures above or below ground will be constructed more than 100 feet from the centerline of Highway 44. They will pipe any portion of the open ditch on west boundary of property. We can strike the language regarding the fast food service window. They will construct an eight foot wall or berm wall to the north. They are open to suggestions on the type of wall construction material. All solid waste will be stored in a sight obscured place. Solid waste will be removed three times a week. The exterior will be harmonious with surrounding buildings. The operation hours of the convenience store shall be open from 5:00 am to 11:00 pm. Site security shall include video monitors and a communication link to the local law enforcement agency. They had felt they could obtain an access on Taurus lane, but the developer of Shooting Comet left a spike strip, so they can control who accesses the road. Taylor has had conversations with the Board of the Shooting Comet Subdivision regarding if they were willing to give an access. They were not granted access. Taylor stated they felt it would take a lot of time to get approval from all the Shooting Comet homeowners, so they have proposed the approach onto State Street. 3 Erlebach asked about the conditions of approval and the question about the required 32 parking spaces and them requesting only 28 spaces. Taylor stated that they have changed it to what is required. Christopherson stated that in the narrative the gas tanks are discussed as being above or below ground on the concept plan and the site notes state it will be below ground. Taylor stated that the tanks will work better below ground, but if they run into problems they will come back to the Council and ask if they can be put above ground. They are aware of all requirements with regard to storage tanks. Erlebach asked if the property owners have considered purchasing other sites for this. Taylor stated that he doesn’t know. Christopherson asked about the different access points. If ITD requests the access go through to Cosmo how does it change the access point. The Mayor stated that ITD cannot request a different access point. Taylor stated they can develop an internal traffic flow pattern that meets the City’s requirements. McDaniel asked if the traffic impact study reveals if there will be more traffic increased by out of town traffic or just used by drive by traffic. Taylor stated that it is supposed to increase traffic and divert pass-by traffic. Dan Thompson, 181 E. 50th Street, Garden City, discussed talk trip generation. It is estimated that 70% of the traffic is pass-by traffic. There will be some new traffic, but it will be local traffic from 1.6 – 1.8 miles out from the convenience store. Thompson stated that by not having the access on Taurus the neighbors will not be able to access the store other than by State Street. There will more than enough roadway to access the center turn lane area. Staff – Mary Shaw Taylor stated that regarding the parking requirements, it does include the fuel pump parking as part of their parking numbers. Christopherson asked about the parking for the service bay and if it was for servicing. Mary Shaw Taylor stated that she counted it as each fuel island and each pump – so they are counted twice. Christopherson stated that Taylor discussed a letter from ACHD. Taylor stated that there is a letter from ACHD and two letters from ITD. Taylor stated there are six service bays and twelve pumps. Pump parking has not been included. They have excess parking spaces if you consider the pump parking. Jennifer Oppel, 10499 Highway 44, Star, reviewed her power point program. She is opposed to the conditional use permit for the convenience store or gas pumps. She believes the quality of the neighborhood would be reduced. The south area is residential. There will be intensive traffic and 18 wheelers and there is a danger of hazardous material, fuel leaks and shallow water, fire damage, fumes, and an impact on existing merchants. She is opposed to the fast food window and concerned about trash. With a convenience store there will be excessive traffic, and our zoning ordinance says a business shall not be labor intensive. The Mayor stated that the road is measured from center line and there is 130 feet already owned by the highway district. Oppel interested in the traffic study and the 25 mph sign as she has a sign in her front year and a part of her property is in the 35 mph speed zone. She is concerned about the hours of operation – the noise, the increased risk of crime and time frame of this 4 being open, there will be vandalism and Council should limit the hours of operation. The six foot wall would help with noise in the back. The exhaust fumes from deliver trucks and customer vehicles will have adverse affect on neighbors. Regarding the impact on established merchants, we don’t need to duplicate efforts. She is concerned with lights from cars shining onto other property. Regarding the sale of alcohol, there are other areas that do this. She wants an environmental impact study done. The Mayor stated that there has not been a full blown environmental study done, but there has been one done. Chris Stokes, 10166 Arrowleaf Court, Star, asked if there was an analysis done on who wants a convenience store. She doesn’t remember anyone asking her, she has not had a chance to cast a vote. This one seems to need so many changes it seems there would be something else that would fit better in this area. Stokes asked what supports this type of building. Gary Smith, 258 S. Langer Lake, Star, stated that he didn’t hear what benefits there are to citizens in Star. He believes there should be some kind of study done for the people wanting this. Smith stated that traffic is a concern and the Merc already causes enough traffic now. He believes this will create a bottle neck in the area. Bell asked if Smith is suggesting that we poll all citizens before we approve a business. Legal Counsel, Paul Fitzer, interceded and stated that we were not there to discuss this. The Mayor explained what the public hearing was for and it was not for any zoning changes. He explained that a conditional use permit is to add additional conditions to something already approved. There are no zone changes. Smith stated that is why notices are put up so the public can come to the Council and yes, he believes that all the citizens should be polled if a new business is coming to town. Kurt Hazard, 3168 Whitepost, Eagle, stated that he owns homes in Star and is concerned with esthetics of town and the entry to our community. He stated that without a master plan we will kill property values. Teri Silva, 104 W. First Court, Star, stated that she leaves for work at 7 am in the morning and cannot get onto State Street, and asked if there is any kind of plan for a street light. The Mayor stated that there was not at this time. Silva stated that no one goes 25 mph there. Karen Houton, 1035 W. First Court, Star, stated that her property is just north of this property. She stated that there is an access road between the properties which is an access to their gardens and is used for service. Houton stated that there are people sleeping every day and they will be affected by the lights and service trucks. The neighbors are directly affected by this. She stated that the property value went down at the last appraisal. The Mayor’s house is for sale – she is concerned about property values and would like to see light office or businesses located there. When they talked with Mr. Taylor, they did not tell him they wanted a building like the library. Taylor did not attend the first meeting, and he wanted residents to solve his problem. After they had the meeting, they found out that the city planner is his wife. Houton believes this is a conflict of interest. The Mayor stated that the staff person has no authority to make planning decisions, only the Council can make the decision. Houton believes that this is only a benefit of the Bell’s, not the citizens. 5 Harry Harrison, 174 Taurus Way, Star, stated that he brought his family here because of the country feel, he is from Georgia. The Star Elementary School is the best in the valley and they have access to the library. He is concerned that his son and other kids will be safe walking by the convenience store. The Mayor asked if Harrison would feel safer with a side walk or walking along the borrow pit. Harrison stated he would feel safer with sidewalks except for the accesses. The gas fumes are a concern, they will make his wife sick. He does not believe this is a good idea. If he knew this was going to happen, he wouldn’t have moved. Patti Tomas, 10683 W. First Court, Star, stated that she is opposed to this due to the increased traffic. It is hard enough to get out on State Street and she has sat and waited for 15 minutes to get out onto State Street. Belinda ________, 444 N. Taurus, Star, stated she concurs with a lot of people. She stated that even the regular traffic impedes her in getting out on State Street and now we will have east bound traffic and they will back up and they won’t be able to get out at all. She doesn’t want a convenience store at the opening of her subdivision. Kerry Brown, 11638 Creek Rapids, Star, stated that he moved here a year ago and thought Star would have an appearance like Eagle. We are having a hodge-podge of subdivisions, and what he thought was a great investment seems to be a poor decision. He believes another store will make the city look trashy. The Mayor asked if he believes the town looks trashier now than when he arrived in town. Brown stated that there have been some improvements and some old buildings have been removed, then there is the restaurant that is in limbo and he doesn’t believe toon town is attractive. Darin Habor, __________ West Creek Rapids, Star, stated that the Mayor says that the Planner does not make these decisions, but she is the one making the parking space decisions and thinks this is a major conflict of interest. Applicant – Darin Taylor stated that citizens would like to have a lot of say on what type of businesses come into town, the design and want relief from existing traffic. The Bell’s have made an application to the City of Star and they are residents. If anyone would like to invest in another type of business than the one they have chosen, they would be interested. The limited office area does allow for this type of development. The design elements such as lighting and signs, the crime, the fumes, the fire hazard have been addressed and they have tried to mitigate them. The Fire Department will be inspecting along their conditions. They are giving the City some say on what the exterior elements of the building. Taylor believes that every business helps and would add the condition to have the city approve the landscaping and signs. Vendor deliveries will be happening in the morning and the type of fuel is determined by the franchise. They are only asking for a conditional use permit, they are not asking for any waivers of conditions. They will comply with everything. As far as the analysis for a convenience store, he does not know, the owners may speak to it. People that use the convenience stores are from 1.6 miles away. Other types of uses like restaurants can be opened and closed whenever they want. There are several things that can have the same hours. They are willing to accommodate what the City wants for hours. Someone spoke about a traffic signal at Taurus, Taylor has asked about that and they said traffic is not even close to needing a light. Regarding the people sleeping – there is a road, a ditch and then the people’s backyard that is why they proposed the wall and have located fueling bays to the front of the property. The lights are shielded. Taylor stated that 6 he was not at the first meeting. The concept drawing was presented to these people. He did ask for suggestions on locations. If moved out far enough there is a concern about fire suppression. They will have curb, gutter and sidewalk for better access to the library. Taylor stated that chemical fuels are under strict requirements. The improvements to State Street can reduce the time waiting to get out onto the highway. Taylor stated that regarding the conflict of interest, the Bell’s were his clients before Mrs. Taylor went to work for the City and Idaho Code says that there is no conflict of interest as there is no financial impact. It is not an issue. He is very proud of Mrs. Taylor’s professionalism. Dan Thompson, Traffic Engineer, stated that regarding the comments about traffic, bad news - traffic will not go away and this is not the first traffic study he has done around Star. There is a lot of development and the traffic will go somewhere. It is a large chunk of traffic and there will be some delays. The traffic will not come in one year, but traffic for all the developments has been included in this traffic study. They can bring the delays back down to 36 seconds. They are mitigating the affects of this development. Erlebach asked where the sign is located for the service station. The Mayor pointed out that it is centered in front of the parking stalls in front. McDaniel asked if any thought was given to the fuel brand/franchise you will be selling if approved. Taylor stated they have been in discussions with franchisors and have not made final decisions. The Mayor closed the public hearing. The Mayor answered Hazard’s question about this application complying and what the determining factors are. The Mayor stated that the application has to comply with all agencies. The Council will need to put enough conditions on the application to mitigate all concerns. Public opinion is a part of this. If they find a condition to mitigate, they can mitigate and then approve. It is a discussion on conditions on a piece of property. First and foremost the applicant must comply with the law. The Mayor addressed the gentleman from Lakeshore and his comment about the interest to the City and mentioned that Eagle has a good development. He would like to take everyone to Eagle, the development is the same as Star. There is a convenience store and a storage center and they are identical and he is not saying it was done right or wrong; he hopes we have done it right. There are a lot of problems, this is our downtown area. The Mayor believes we need to do a better job of communicating. Christopherson stated that he has listened to all the comments and understands the concerns and are the same concerns at every meeting. There are other entities involved in this development. We can request the developer put in a sidewalk in front of the development to add lights to increase the safety and he thinks the developer has written out a list of conditions that they are willing to comply with. The applicant has addressed the concerns. He is in favor of this application. The Mayor would ask that a note be made to add the standard conditions of approval and all other conditions proposed by applicant and look at lighting issues along with a conditional use permit for architectural control to go beyond what is given in the zoning ordinance and take that design review and deal with sound mitigation. Bell stated that after listening to the public concern of people living around it, the main concerns being safety and traffic. He believes that with the ITD improvements traffic will be improved. He believes waiting time will be cut and that this application will not worsen the problem. He would like to address 7 the noise and light pollution to the surrounding people and also have design review. He has been asked several times when we will get another gas station. We need to buffer the area and have down lighting. Bell is also concerned about the look as it is the entrance to the City. He would be in favor of the application. Erlebach sympathizes with people along State Street, but the property has been zoned for a long time. He would like to see a berm on the south side of the property and control over design review. He thinks competition is good. McDaniel’s stated that her first thought was that the road was going to be improved, she waits 3 or 5 minutes now and she has contributed to the traffic problem as she lives in the subdivision. She likes the conveniences. She moved here six years ago and thought it was a small city – but everyone has a right to open a building and have free enterprise just like everyone else. She wants architectural review of the elevation and all other items. She is in favor of this application. McDaniel moved to approve File #CU-07-03 Conditional Use Permit for the Bell application with all four staff conditions of approval, adding number five, the developer proposed conditions proposed tonight and number six providing a light plan, a berm with a landscape in front and number seven - design review by the council, Erlebach seconded the motion.. Bell stated that he believes the fuel tanks should be below grade. McDaniel amend her motion to include the requirement that fuel tanks be below grade, Erlebach amended his second. Christopherson asked about stipulating hours of operation. Bell believes it should stay as stated, 5 am to 11 pm. All aye: motion carried. Lakeshore Subdivision Development Discussion – The Mayor explain that the question in front of the Council is whether or not to take this to court or not and will we open up the building permits again. The Mayor stated that Lakeshore Park was approved and that the bond expired. A new letter of credit is still not done and we have shut down building permits. In an effort to stop punishing the builders we are making it a civil penalty. Legal Counsel, Paul Fitzer, stated that the purpose is required by city code for an abatement, the owner has the right to rebut the claims of the abatement of the nuisances. Nuisances are for noxious weeds and the Star City Code does require a public hearing. The City can fine for civil damages. Fitzer has spoken with B&B, the record owner. They are now in court for disillusion of the LLC and the owners are in a law suit right now with the Blazers. One of the items of the suit is the completion of the items that have not been completed. The Homeowners Association can file a civil action. You can still fine on the corporate level and seek damages. The Court knows that there are a number of lots not developed and that is an asset. The owner wants to enter into another agreement and letter of credit which will come from the sale of the lots. We have sent a certified letter and provided legal notice to B&B, LLC to be present to address the abatement against them. The Mayor stated that we can abate the nuisance of trash and the weeds. We have a list of ten items that have not been complied with. The question in front of Council is to proceed with civil proceedings – to enforce what we can enforce and to allow building permits and allow certificates of occupancy. The Mayor declared the public hearing open. 8 Richard Hall, 1885 N. Waterbrook Way, Star, stated that the homeowners got together and reviewed the list of maintenance items. They would like to have some answers in ten days and he does have photographs. He reviewed the hand out. When the property was purchased there was the promise of a clubhouse and a swimming pool. The area is now a fire hazard. The weed abatement issue came about when we had grass fires when the grass was five feet tall last year. We are coming up on fire season and no one is responding and he believes this should be rectified by the City. The canals have standing water. These are the swales within the subdivision. They have not been completed. They want repairs to the drainage and have wrought iron fencing that is rotted. They agree that the buildings should be built and not left with weeds. The Mayor stated that we don’t have the authority to determine who gets building permits. Letters have gone out to do the weed abatement. The Mayor stated that the homeowners were advertised that they would be getting a pool, this was never a condition of approval of the plat. As far as the pool goes, we cannot mitigate something we didn’t approve. The Mayor stated that we are responding. Hall asked when the City will have someone there to clean up the weeds. The Mayor stated that the City will take them to court. Hall asked if the other property is owned by B&B? The Mayor stated that he does not know, it is not part of the process. The Mayor stated that the homeowners should not accept responsibility of the homeowners association. Kurt Hazard, 3168 Whitepost Way, Eagle, stated that he has lost a lot sale and the buyer has offered $37,000 less on a property. The Mayor stated that he is asking to allow building permits to be issued and to take B&B to court. Doug Attwood, 1780 Waterbrook Way, Star, stated that if someone comes onto his property – they can sue them. Attwood asked about the landscaping, swimming pool, and if they don’t do it, why shouldn’t he take the City to court. The Mayor stated that they are trying to do the work. Mr. Attwood is welcome to sue the City. There are ten items, all legitimate items and the Council can vote to pay for these items. Attwood wants to put it on the agenda to have the City pay. The Mayor stated that there are other ways to do this, but you always have the right to sue the City, but he has never seen a court agree to a lawsuit due to a letter of credit. Elise Baker, 11765 W. Hiddenlake, Star, asked how sanctions are taken if the LLC is dissolved. Fitzer stated that when it’s dissolved it will fall short. There are two lots in the first phase and the second phase can be attached. Fitzer won’t speak to specifics. You can go after all the assets. Baker asked if you as a Council decide to start this when will it begin. The Mayor stated that we will start immediately. Fitzer stated that as part of dissolution, the court is already aware of the conditions of approval. Jerry Baker, 11765 W. Hiddenlake, Star, stated that since we are not a homeowners association and B&B still owns that property. If the work is done where will the bill go. The Mayor asked Fitzer where the lien goes if we clean and clear the open space. It is a dedicated area for the Homeowners Association. Fitzer will have an answer tomorrow. 9 Kelly Ferness, 11613 W. Bent Creek, Star, asked if Council is going to vote tonight and if that vote is a yea, is it possible as homeowners they would have some time to take a part in it. The conversation would take place with the City and then relay it to the Council. Cindy Maliwauki, 11891 W. Wetland Park Drive, Star, asked regarding the original letter of credit, how it would have it been dispersed. If the City is allowed to have $240,000 to slip through their fingers, the pathways are opened by B&B and now they can’t access sidewalks. If she had the money we could have had it dispersed. Maliwauki asked if the City can’t access the work and do the required improvements of the subdivision. As homeowners they have paid into a homeowners association and the money is gone. They have no recourse on the weed abatement. She is talking about the common lots. The City can lien the property. Erlebach asked about the area that needs to be abated. The Mayor stated that it is maybe two or three acres. Maliwauki asked if the City doesn’t have maintenance people that could do the work. The Mayor stated that the City contracts for maintenance. Randy Tomsen, 11523 W. Stream View, Star, asked what would happen if you file charges and Burgess and Blazer appeal it, what then. Fitzer stated the other option is to get a preliminary injunction. Erlebach stated that there are five lots to lien. Richard Hall, 1885 N. Waterbrook, Star, stated that they have five lots. The have weed abatement and mosquito problems. The Mayor will call mosquito abatement tomorrow. It was asked if the City was covered by liability from this. McDaniel stated that since the duration has been ongoing and there have been no good faith efforts on the part of the developer, she thinks we should act and issue building permits. Christopherson asked if we have an estimated cost of these improvements. The Mayor stated that we do not have costs. Attwood stated that he got estimates on the fencing and to complete it is about $8,000. Erlebach asked if there is some type of lawn or maintenance going on now. Yes, they are paying for it with dues. The Homeowners Association has not been turned over to the homeowners yet. Bell is in favor of starting legal action and taking B&B to court and at least jumping in and paying for weed abatement and for any homeowners that won’t weed abate, we can lien their lots and spray area. We can get a contractor to mow it down and spray for the weeds. We need to step in and help and work together. McDaniel asked if we do something like that will it affect the court case. Fitzer stated that it won’t, it normally happens just like that. The only problem would be with the dissolution of the LLC. 10 The Mayor stated that by not paying homeowners dues it does not have anything to do with conditions of the City. Christopherson does not want to keep this going and going. He agrees with Bell, we need to get the ball rolling. The Mayor stated that if you choose, we will weed abate with a 15 day turnaround. The Mayor will meet with the homeowners and explain what were conditions of approval and what were conditions for the homeowners. Bell moved to move forward with litigation against B&B and release building permits and occupancy permits for phase 1 and to immediately seek a contract for weed abate where owners will not, including the common areas at the City’s expense and the Mayor will hold a meeting with homeowners, Christopherson seconded the motion. Erlebach asked about the 15 days to abate the nuisance. Fitzer stated that we are required to send notice 15 days prior to abatement. All aye: motion carried. The Mayor will meet with the Lakeshore Subdivision Home Owners on Friday at 6 pm at the pond. NEW BUSINESS: Hunter’s Creek Final Plat Phase 1 – Dave Yorgason, Capital Development, stated that they agreed with all the points of staff report. He wanted to make a point of clarification and wanted to make sure that the special setbacks are referenced. Yorgason handed out information on the set backs. The front is 20 feet, rear is 15 feet, side is 5 feet and street side is 20 feet. The Mayor asked that the setbacks be a plat note. Erlebach moved to approve Final Plat for Hunters Creek, Phase 1with the eleven conditions of approval, Bell seconded the motion. All aye: motion carried. Ordinances & Resolutions: Ordinance No. 176 – Hidden Meadows Subdivision - 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. 176 be considered after reading once by title only, Erlebach seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell – all aye: motion carried. McDaniel moved to approve Ordinance No. 176 an Ordinance annexing to the City of Star certain real property located in the unincorporated area of Canyon County, Idaho, and contiguous to the City of Star, establishing the zoning classification of the annexed property as Residential (R-5) of approximately 23.77 acres; directing that certified copies of this Ordinance be filed as provided by law; providing for related matters; and providing for an effective date, Bell seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell – all aye: motion carried. Ordinance No. 177 – Mac Land Annexation & Zoning - Christopherson moved that pursuant to Idaho Code, Section 50-902 the rule requiring an ordinance to be read on three different days, with one 11 reading to be in full, be dispensed with and that Ordinance No. 177, be considered after reading once by title only, Erlebach seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell – all aye: motion carried. Bell moved to approve Ordinance No. 177 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 classifications of the annexed property as residential (R-2) of approximately 40.39 acres; (R-3) of approximately 61.51 acres; and (R-4) of approximately 40.17 acres; directing that certified copies of this Ordinance be filed as provided by law; providing for related matters; and providing for an effective date, McDaniel seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell – all aye: motion carried. Resolution 2007-02 Comprehensive Map Change – Christopherson moved to approve Resolution 2007-02 of the City Council of the City of Star, Idaho, approving and adopting, pursuant to Section 67- 6509, Idaho Code, an amended Comprehensive Plan land use designation map for the City of Star; and providing an effective date, Erlebach seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell – all aye: motion carried. Reports: No reports were given. Adjournment: McDaniel moved to adjourn the meeting, Bell seconded the motion. The meeting was adjourned at 11:10 pm. Respectfully submitted: Approved: __________________________ ___________________________ Cathy Ward, City Clerk Nathan Mitchell, Mayor 12