City Council Regular Meeting

Star City Council Meeting Minutes August 7, 2007 Budget Public Hearing: Mayor Mitchell called the Budget Public Hearing to order at 6:38 pm and explained the purpose of the hearing was to receive public testimony. It was noted that on the proposed budget posted on the web page, the second column, the “Total Income General Fund” should read “Total Expense General Fund”. The Mayor explained the budget was based on 250 building permits being issued and that the budget is actually is two parts – tax income/tax expense and building income/building expense. The salary line item reflects money being budgeted for the possible hiring of an additional planner, code enforcement, part-time park person, and a fifth police officer. The expense for utilities is a best estimate for the new City Hall. On the income side, the park and recreation fund shows the kind of money that could be generated if 250 permits were issued. If revenue is not generated, then park improvements will be cut back. The Mayor pointed out this budget is roughly 2.9 million less than last year with no carryover for the building fund. Richard Tinsley, 10459 W. Achillea, Star, asked if they felt 250 building permits would be issued. The Mayor stated he felt the market was soft and didn’t foresee issuing 250 permits. Tinsley asked what the police line item entailed. The Mayor explained it included costs for four patrol officers, one sergeant, and three patrol cars. Tinsley asked what line item included the cost for the code enforcement officer. The Mayor stated it was included with the salary. Erlebach asked about the interest income. The Mayor explained that currently the City was receiving around $7,000.00 in interest monthly from money invested in the government investment pool. This income will be less once the money is removed to pay for the new city hall. They are projecting earning interest from the revolving account at the bank and some from money remaining in the government investment pool. Liquor revenue is generated from City fees and State funds. A citizen from the audience asked what line item 348.00 unrestricted funds were for. The May explained this was carryover to be used to cover bills from October to December. Terry Malarkey, 22418 N. Blessinger, Star, asked if the City had shopped around for health insurance. The Mayor explained they had last year, but not this year. Malarkey stated he would recommend they do. Malarkey asked, with the new city hall and the residential market coming to a halt, why the City didn’t keep the inspectors in-house. The Mayor explained the inspectors are paid a percentage of the fees collected; if the City were to create their own department they would have a constant salary cost. Marlarkey questioned whether it wouldn’t be less expensive for the City to have their own police department and a lesser police car. The Mayor explained the contract with the County also included additional services as well as the officers. It included the SWAT Team, bomb squad, and prosecuting services when needed. Malarkey stated he felt the City could have more departmentalization at the new city hall. 1 Mayor Mitchell declared the public hearing closed. It was noted they would be approving the budget with agenda item 7B. Regular Meeting: The regular meeting of the Star City Council was held on August 7, 2007 at the Star Fire Station. Mayor Nathan Mitchell called the meeting to order at 7:07 p.m. and all stood for the Pledge of Allegiance. Roll Call: Council persons Tammy McDaniel, Tom Erlebach and Chad Bell were present. Councilman Dustin Christopherson was absent. Approval of Agenda: Bell moved to approve the agenda, Erlebach seconded the motion. All ayes: motion carried. Consent Agenda: McDaniel moved to approve the Consent Agenda, Bell seconded the motion. The Consent Agenda consisted of approval of July 16, 2007 Budget Workshop Minutes, July 17, 2007 Regular Meeting Minutes, Claims Against the City, and Findings of Fact and Conclusions of Law for SB/CH Land Development – Taurus Village. The Mayor clarified the findings for Taurus Village was for annexation and zoning only, the preliminary plat had been tabled. All ayes: motion carried. Public Input: Committee Reports - No committee reports were given. Public Input – No public input was given. Public Hearings: The Mayor reviewed the procedures for public hearings. Claymont Subdivision – Setback Waiver Request – Mayor Mitchell opened the public hearing and asked the Council if they had any conflicts of interest or ex parte contact, hearing none, the Mayor asked the applicant to speak. Applicant – Robert Hartley, Yellowstone LLC, 3697 N. Legacy Woods, Meridian, stated they had bought the property after it had already been through preliminary and final platting. The subdivision is zoned R-2 and they are finding they are having trouble fitting houses on some of the lots. They are asking for the setback waiver to allow them more flexibility in building. Erlebach asked why they were asking for a waiver for all the lots when they were having trouble with only some of the lots. Hartley stated he was informed the waiver request had to be for all the lots in the project. The Mayor pointed out they could ask for either specific lots 2 or all the lots. Although, a waiver for specific lots can create administrative problems in keeping track of which lots the waiver entail. Legal Counsel, Paul Fitzer, pointed out designating special conditions on specific lots can create constitutional conflict. He would advise against setting different setbacks for different lots. Hartley stated they were mainly concerned with the setbacks in regards to the cul-de-sac lots. The City Planner noted that almost half of the lots in the subdivision abutted a cul-de-sac. The Mayor pointed out they are asking to change rear setbacks from 30 feet to 15 feet, front setbacks from 30 feet to 20 feet and side setbacks from 10 feet to 5 feet; depth wise they are picking up 20 feet. Erlebach asked how big the lots are and the Mayor stated they were between 13,000 and 22,000 square feet, roughly 105 feet by 150 feet. McDaniel asked Hartley if they were aware of the setback requirement at the time of purchase. Hartley stated they were not, but acknowledged they could have obtained the information. Bell stated he didn’t see a reason for the waiver request. Although, he was willing to acknowledge there may be some side or rear issues. Hartley stated they were not as worried with the side setback as with the front and rear. Mayor Mitchell noted the front setbacks were set before ACHD wanting 12 foot right-of-ways for drainage swells. The City has never adjusted the setback for the additional footage, therefore creating setbacks deeper than originally required. The City Planner noted there could be an issue with the eastside rear, along Dry Creek Canal, and was not sure what the irrigation easement is. The waiver is acceptable in the cul-de-sacs. Mayor Mitchell explained the easement is 50 feet from the center of the canal; in which they would not be allowed to build anything. Mayor Mitchell asked for Public Input. Cheryl Moriarty, 404 W. Main, Suite 420, Boise, stated she was with the original developer and wished to give some background information. She noted there was an error with the CC & R’s when it was originally recorded; the intent was to have an R-3 setback of 20 feet in an R-2 zone. There was concern with the canal easement and it was their intent to put larger footprint homes on a larger lot. Terry Malarkey, 23418 N. Blessinger, Star, said shame on the parties for not doing their homework. The subdivision was platted and they should be required to stick with it. By increasing the size of the home they are decreasing lot open space. He did not feel that in today’s market a large home is a marketable product. He recommended the City leave the setbacks as is and the developer/builder should build a product according to the lot. Brian Watts, 1199 N. Plummer Road, Star, stated they had no problem with the front and rear setbacks, but was not in favor of side setback waiver. They were flexible with the issue and had no intention of swaying the Council in their decision. Barbara Landry, 10211 W. Capella Drive, Star, stated she didn’t understand why they were requesting to change the setbacks. Mayor Mitchell explained the differences in open space 3 and setbacks in the different zones. There were larger setbacks created for larger lots, with zero open space required, to create larger lot open space. Rebuttal – Robert Hartley explained the property does have common areas and open areas in the subdivision. Bell asked if they were drainage lots or open space. Hartley stated lot 18 is for drainage. Brian Watts, from the audience, pointed out that lot 22 is a grassy area with mailboxes and the two lots in front were the drain ditch, which has been landscaped. Hartley stated they are not looking to fill all of the lot up with the home, but are looking for flexibility and leeway in their ability to build. Erlebach asked if all the utilities were in. Mayor Mitchell stated they were, and they would have to re-plat in order to move the utilities. Bell stated he did not see any advantages to changing the front setbacks but did for the rear. The Mayor stated it would increase the depth envelope of the overall house. The only problem he saw was having a shorter driveway for large pickups. Hartley pointed out they were asking for a 20 foot front setback for the house and 25 foot front garage setback Erlebach asked what size of structure could they build and have to meet the setbacks. The Mayor stated anything over 200 square feet is required to meet setbacks. Mayor Mitchell declared the public hearing closed and moved to deliberations. Bell stated at first he didn’t see a need for the waiver. He does see a couple of odd shaped lots where a waiver would be an advantage, especially for the rear. He definitely did not see a need for a side setback change. On the advice of the attorney he felt they needed to consider setbacks for the entire subdivision. Legal Counsel pointed out that if they could truly find a special circumstance for certain lots, then they could consider the waiver for just certain lots. Bell stated he would consider a waiver of the rear setbacks, but saw no need for the others. McDaniel stated she understood from legal counsel there needed to be unique conditions to consider a waiver for individual lots. She agreed with Bell and felt a waiver of the rear setback was appropriate due to the canal. She was not in favor of a waiver for the front and side setbacks. Erlebach stated he didn’t feel there was a need for a change in the setbacks. Erlebach moved to deny the request for a waiver for File WV 07-05 for Claymont Estates Subdivision, Bell seconded the motion. Bell stated he would like to see the setbacks stay like they are, but if there is a need for specific lots, then have them come back with the specific lots and state why. The Mayor stated they could give direction to the developer to identify specific lots needing the setback waiver and them coming back for one hearing for all the identified lots. The easiest process would be to table to a time specific. Erlebach moved to remove his motion for File #WV 07-05 waiver request for Claymont Estates, Bell consented to amend his second. 4 Bell moved to table File #WV 07-05 Claymont Estates Subdivision waiver request to September 4, 2007 at 7:00 p.m. at the Star Fire Station with the condition the applicant provide information regarding specific lots for waiver of setbacks, Erlebach seconded the motion. All ayes: motion carried. Resolutions & Ordinances: Resolution No. 2007-03 Mayor & Council Retirement Benefits – Mayor Mitchell explained the resolution was to provide retirement benefits for the Mayor and Council, in the amount of $3600.00, to be paid monthly. Benefits would not take effect until after the next election. Legal Council noted that pursuant to Title 50 this must be done at least 75 days prior to an election and passed by ordinance. Because there is an ordinance for appropriation of funds following, it is appropriate to pass by a resolution. McDaniel moved to approve Resolution No. 2007-03, a Resolution of the City of Star, Idaho, providing for retirement benefits for the Mayor and Councilmembers of the City of Star; and providing for an effective date, Bell seconded the motion. Roll Call: McDaniel, Erlebach, and Bell – all ayes: motion carries. Ordinances No. 179 2007-2008 Annual Appropriations – 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. 179 be considered after reading once by title only, Erlebach seconded the motion. Roll Call: McDaniel, Erlebach and Bell – all ayes: motion carried. McDaniel moved to approve Ordinance No. 179 an Ordinance, to be termed the Annual Appropriation Ordinance of the City of Star, Idaho, for the fiscal year commencing October 1, 2007, and ending on September 30, 2008, appropriating sums of money in the aggregate amount of $3,275,042.00 to defray all necessary expenses and liabilities of the City of Star for said fiscal year; specifying the object and purposes for which such appropriations are made and the amount appropriated for each object and purpose; authorizing the certification to the County Commissioners of Ada County, Idaho, the amount of $811,262.00 property taxes to be levied and assessed upon the taxable property in the city; providing for the filing of a copy of this Ordinance with the Office of the Idaho Secretary of State as provided by law; providing for publication; and providing for an effective date, Bell seconded the motion. Roll Call: McDaniel, Erlebach and Bell – all ayes: motion carries. Reports: Staff - Mary Shaw Taylor informed the Council Jerome Mapp had submitted two map options to the Comprehensive Plan Review Committee. They have scheduled a public hearing for adopting the updated Comprehensive Plan for the City and Comprehensive Plan Land Use map for Wednesday, August 29, 2007 at 6:00 pm at the Star Elementary. - Legal Counsel, Paul Fitzer, updated the Council regarding litigation against 5  the Lakeshore Subdivision. B & B, LLC has consented to grant to the City a security interest to the remaining lots. The receiver, Chuck Winder, would like to see more detailed bids for the cost of improvements. Council - McDaniel stated she had nothing to report. - Erlebach noted the Chamber of Commerce had held a movie under the Stars night and estimated 200 people attended. They are looking at holding additional movie nights for the community. - Bell reported he had attended the Valley Regional Transit Board of Director’s meeting. The World Wide Special Olympics will be held in the valley in 2009 and they discussed their transportation needs. He, along with First Lady Otter, participated in the Star Branch Library’s end of the summer reading program. Mayor – Mayor Mitchell informed the group the YMCA Blue Ribbon Steering Committee for the NW Ada City YMCA on Highway 55 has started a founder campaign to raise funds to pay for marketing and viability studies. The City Planner and Enforcement Officer are pursuing aggressively a weed abatement campaign. The Mayor and City Planner had met with Michael Lowry with Blue Print for Good Growth to discuss establishing acceptable levels of service. Completion of the new City Hall looks to be around September 8 to 15, 2007. Chief Courtney with the Fire Department has approached the City about the possibility of combining the New City Hall openhouse with their Pheasant Hunters Breakfast. The Mayor will pursue this with the City Clerk. The City has paid for mosquito abatement for property in the city limits in Canyon County between Blessinger Lane and the county line at CanAda Road. This is a budget item they will need to consider in future budgeting processes. McDaniel asked what the decision was regarding the spruce tree at City Hall and were there plans to repaint the old City Hall. The Mayor stated the spruce tree will stay and it was up to the Council in regards to repainting. Bell stated he felt they should wait to see if the old City Hall would need to be repainted. Adjournment: McDaniel moved to adjourn the meeting, Erlebach seconded the motion. The meeting adjourned at 8:15 pm. Respectfully submitted: Approved: __________________________ ________________________ Kathleen Hutton, Deputy Clerk Nathan Mitchell, Mayor 6