City Council Regular Meeting

Star City Council Meeting Minutes August 5, 2008 The Regular Meeting of the Star City Council was called to order at 7:00 pm by Mayor Nathan Mitchell at the Star City Hall. All stood for the Pledge of Allegiance. Roll Call: Council persons Tammy McDaniel, Dustin Christopherson, Tom Erlebach were present. Councilman Chad Bell was absent. Approval of Agenda: Christopherson moved to approve the agenda, Erlebach seconded the motion. All aye: motion carried. Consent Agenda: The Consent Agenda consisted of Regular Meeting Minutes of July 15, 2008 and Claims Against the City for July 2008. McDaniel moved to approve the Consent Agenda, Christopherson seconded the motion. All aye: motion carried. Public Input/Presentations: A. Judy Kramer, 173 N. Poplar, Star, Idaho, stated that she wants to hear the minutes of the recording regarding the meeting of the church. She also wants a copy of the letter that was suppose to be sent to the property owners from Ada County Highway District. Mitchell asked Kramer what the date was on the minutes. Kramer stated she wants October 29, 2004 where she spoke on the agenda. The church told her that she could have the property that was to be vacated and she has spoken to the highway district. The Mayor stated that Bruce from ACHD will get her a copy of the ACHD letter. The Mayor stated that the City will provide Kramer with the other information. Erlebach stated that he talked to one of the elders of the church and they are planning to tear the building down. The Mayor stated that we can get the weeds abated, but the park and landscaping are a part of the condition of completing the building. Legal Council, Stephanie Bonney, stated that the agreement is, if you do x, y, and z, they can occupy the building – they have not done that so they cannot occupy the building. We can enforce other ordinances, but they are not occupying the building. Denice VanDoren, 11017 Frost, Star, Idaho, asked about the property and the process. The Mayor stated that the Church asked for the vacation of the right-of-way from ACHD, it then goes to a public hearing. In this case, no one showed up to testify. Chris Stokes, 10166 Arrowleaf Court, Star, Idaho, asked if the “Idaho Largest Flea Market” meets with the Comprehensive Plan. It is a temporary use and does meet the Comprehensive Plan. 1 Public Hearings: A. Wilson Conditional Use Permit: The Mayor reviewed the procedures for the public hearing. Applicant – Darin Taylor, Taylor Land Planning, 509 S. Middleton Road, St 105, Middleton, Idaho, stated that he was here on behalf of Irene Wilson. Taylor stated that Wilsons bought the ten acre parcel and have used the property for horse and petting zoo, and then continued with non-exotic animals. Wilson has in the last year, had other activities. This along with building a shed and barn has drawn the attention of the neighbors. Wilson would like to replace some of the dilapidated buildings and fence the property. They have coordinated with the neighbors and would like the Councils’ permission to build those improvements – it is considered a non conforming use. Wilson can currently maintain and repair buildings, but cannot expand and replace them with new ones. Wilson would like to have the new buildings in the back of the property and she would like to have the animals – she has always had animals there. They are asking for permission to build new structures because they are non conforming uses. Christopherson asked if the applicant wanted to move the barn, and if that is the half structure or is that staying. Taylor stated that they would like to tear down the building closest to the road. Christopherson is looking at the map and asked about off-street parking on the property. Taylor stated that there are three structures to move behind the big red barn - they are not on the map. Taylor stated the buildings would go into the pasture area. Taylor stated that there is an error on the map, the fence should be west of the barn. Christopherson asked if the round pen and the barn will be fenced. Taylor stated that the round pen will be fenced, but he does not know about the barn. Christopherson asked if they were proposing an eight foot fence around the entire property. Taylor stated that they were talking about an elk fence. The Mayor stated that it is a wire fence not a privacy fence that is eight foot tall. Erlebach asked if the pole barn is 250 feet away from any residential buildings. Taylor stated that it was not. The Mayor stated that you could not get 250 feet away from a residential structure on the property. Taylor stated that was correct unless there was a waiver. Erlebach asked if the parking area was going to have to be paved and have handicap parking spaces. Taylor stated that the spaces will be required to be paved for commercial uses. The Mayor stated that the parking is fine today for residential use, but if the applicant is approved for commercial uses it will be required to be paved. Christopherson asked if the applicant was prepared to pave the parking lot. Taylor stated that they were if it was a required condition. Christopherson asked what the current zoning was. The Mayor stated that it was rural transitional (RT). 2 McDaniel asked if Taylor was aware of the response from the school district. Taylor has read the letters, there were three letters sent, the first two letters were opposed as the district believed Wilson was expanding. After Taylor talked with the district and explained that this was not an expansion only a cleanup of the property, there was no opposition. Christopherson asked for an explanation of the type of activities that would be happening on the property. Taylor stated that there would be hay rides, viewing animals, some animal feeding, but there would be no interaction with animals and no one will be in the pens. There could also be an astro-jump and Christmas theme activities, and possibly pony rides. Christopherson asked about employees and supervision. Taylor stated that there were no employees. They lock the gates at dusk and open when they are ready to open. Erlebach asked if they had to have someone there 24 – 7. The Mayor stated that there is a single-family residence on the property and someone will be there. Staff Report – Mary Shaw Taylor read the last letter from the school district that Mr. Taylor submitted. Shaw Taylor stated that there seems to be some discrepancies in the non conforming uses. It has been represented that the exotic animals have been on the property prior to the zoning ordinance. Shaw Taylor’s problem is that Mrs. Wilson’s son came in for an Ag exemption to build the pole barn. It was expressed to him that he needed a building permit. They later came in and stated that it was going to be a fence. Erlebach asked if this was the area with the big poles sticking up. He doesn’t want a fence that big. Shaw Taylor stated that we do have a fence ordinance. Her interpretation was that he came in to find out if he needed a building permit and was told yes, so then it was changed to a fence which didn’t require a building permit. The Mayor clarified that this was what generated this procedure. It is proposed as a pole barn and would require a building permit. Bonney stated that if they fail to comply, the City can force it to be torn down by placing conditions on the application. The Mayor stated that it will depend on the actual conditions placed on the application. Julie Stallings, 11121 W. Box Canyon, Star, Idaho, stated that she and her husband are in support of Wilson and that their property backs up to Wilsons. She can’t say enough good things about the place and it is a joy to them. As far as replacing the barns or structures – she doesn’t think the animals need to suffer because of surrounding houses. Both her kids have helped Wilson with the animals and they think the world of Wilson. They are in support of the application. Regarding the fence or pole barn, she believes 3 they do need to take the proper steps. She was concerned that the eight foot fence was not going to be backed up to her six foot fence. She has heard no complaints, and is there in support. Phyllis Barroetabena, 23420 N. Blessinger Road, Star, Idaho, stated that she is in support of Irene Wilson. Terry Malarkey, 23418 N. Blessinger, Star, Idaho, stated that he has known Wilson for a long time. He found himself whispering to a young camel at Wilsons. Malarkey stated that what Wilson has is tradition, and Star has a long tradition of the western life style, and she is actively pursuing it to keep that legacy alive. When he was campaigning he rode his horse through the subdivision and everyone was surprised. Her concern for the safety of children and safety for animals is admirable. When neighbors come up and speak it says a lot and he appreciates it and is all for it. He thinks it would be a great tragedy if it was turned down. Vote yes. Jeannie Nail, 1011 S. Star Road, Star, Idaho, stated that she is very fortunate to know Wilson. Everyone knows what a giving person she is and has put more into those animals than anyone else has in this City, and to educate children that chickens lay eggs and cows produce milk. Wilson just wants to educate these children and take care of these animals. And this should not be taken away from her. Lois Cant, 106 Barbara Drive, Middleton, Idaho, stated that she has known Wilson for thirty years and has actively helped with the animals, the kids and tours. She is in support of the Star Treasures Adventure Ranch. Wilson has lived there for about the last fifty years and animals should not be pushed aside. These farm animals are ideal for teaching and she has had firsthand experience in touching the animals. Wilson has been trying to improve the farm. They have classes that come every week. The ranch is of much more use to Star than another subdivision. Irene Wilson, 864 N. Star Road, Star, Idaho, stated that she does not hear well. She came here in 1902 and owned the subdivision north and south of her. In 1979, they moved the mobile home in there for her son and he is the one that started the petting zoo. Wilson started in 1990 with ponies ride. After her husband died, Wilson started helping her son more and more. At one time he had the largest petting zoo. They had armadillos and little tiny deer. They have tours for day cares, adults and handicapped. Susie Sword, 11015 W. Box Canyon, Star, Idaho, stated that their property backs up to Wilson’s pasture. They love the animals and love having her behind them. They are in full support of what Wilson is trying to do. Her daughter has taken tour groups there and they are in support. Gary Smith, 258 S. Langer Lake, Star, Idaho, stated that he is in favor of Wilson’s application. He has had an opportunity to work with Wilson when they were starting their Christmas program. Smith’s granddaughter loves the two reindeer. They have worked very hard to make the place a place for children to attend. It is an opportunity for 4 kids to go and see animals. This is a joy for Wilson, it is not about money - it is the passion of her life. Smith recommends it be approved. Randy Thomsen, 11523 W. Streamview, Star, Idaho, stated that for Tom’s benefit, the thirty foot building will be real nice to back hay wagons into. Thomsen thinks Ms. Wilson deserves this. Del Stevens, 797 N. Plummer, Star, Idaho, stated that he has known Wilson all his life and rode with her children. He believes she deserves this barn. Stevens stated that it is not just for her, it’s for the kids, they’ve got to learn. There has to be somewhere they learn responsibility. There are a lot of kids that go to her place and all this has to do with is the kids. If kids don’t have this, they will be out on the street. This town has changed a lot in the last fifty years. Let her have her barn. He asked if the building permit was different if it has a foundation. The Mayor stated that it would be different if it was under the County zoning, but it is under the City and we have different rules and it does not apply. Stevens stated that the Council needs to give her the barn, she needs it and so do the kids and you won’t be sorry. Mayor Mitchell stated that he wants to clarify the reason why we are here. There were rules written and the Council must uphold them. They are not there to punish Irene Wilson. This is a legal process, as with some of you, the Mayor would rather Wilson not have to go through this. Again, it is not meant to punish Wilson, it is to protect her. This was started with complaints from neighboring properties. The Mayor takes a little issue with property owners not coming to their neighbors and stating their concerns, where he is from you go to your neighbors and talk to them first. Rebuttal – Darin Taylor stated that he would answer any questions. He would like to add that they just want some new structures and to improve the property. They recognize that there are some codes that will be challenging to meet. At this time, he would be happy to answer any questions or discuss any concerns. Christopherson stated that he had three questions. Regarding the two neighborhood meetings, how did the meetings go and were there any concerns. Taylor stated that the meetings went well. Concerns had to do with appearance, wondered how they were going to use the electrical poles for fencing on the property – the poles have been relocated to another property they were not to be used as fencing. Concrete was brought in and used for elevations for the riding trails, other concerns were fencing - an eight foot fence and a six foot fence, neighbors didn’t want them matching up, the elk fence will be approximately the same height on the south boundary. Christopherson asked how many parking spots there would be. Taylor does not know. He is not aware of the number of spaces that are required. Christopherson asked how big the area is. Taylor stated that he could only guess. Christopherson asked for a point of clarification on the pole barn. Is this the unfinished structure and will it be finished as a pole barn. Taylor stated yes, it will be finished as a pole barn and the poles are twenty-two feet tall. It meets the cities height requirements, they have also been cut. 5 Erlebach asked Taylor if the applicant is aware of the ditch companies right-of-way and since there is no way you can meet the 250 feet setback, what is the plan. Mayor Mitchell stated that we have 20 foot setbacks in the RT zoning and the canal companies are larger, the applicant will be required to meet that and it will be a condition. Mayor Mitchell stated that another consideration of the setback is that anyone opposed to the location of the barn has been notified and received notice. They could have been here to ask for it be located somewhere else. Taylor stated that all neighbors were contacted. McDaniel asked what landscaping were they thinking about. Taylor stated that it has not been talked about. Mayor Mitchell closed the public hearing and moved to deliberations and decision. Christopherson believes the conditional use permit is a good opportunity for Star. It is definitely a place that we have for education and a lot of people don’t have exposure to these animals, his son has been over there. Christopherson is happy that the applicant is willing to go through the process. He is in favor of the application with the conditions of approval and with the eight foot fence and that the parking area be paved. McDaniel concurs with Christopherson and the mere fact that it will be improved and educate our children. They need to get the building permit for the pole barn and she is in favor of it. Christopherson stated it has been stated in the public testimony that the applicant will finish the pole barn, he would like to add that it needs to either be finished or taken down and would make that the third condition. Erlebach stated that obviously everyone would like to see this approved and it is an asset. He wants to make sure it is a clean and well taken care of place and does not turn into an eye sore. It would be a great place for a Star Zoo for generations to enjoy. It would be a great thing for Star and something we have over Eagle. Erlebach moved to approve File number CU-08-12 the conditional use application for animal tourism business with the eight recommended conditions of approval. The Mayor stated that he has eleven conditions and three additional for approval. The Mayor asked for a second to the motion, hearing none the motion dies. Christopherson moved to approve the Wilson Conditional Use Permit with the eleven stated conditions of approval and the three additional conditions of: an eight foot fence; parking lot to be paved and the pole barn to be finished or taken down. The Mayor asked for a time period on finishing the barn - obtain a building permit within a certain time period. Christopherson asked how long it would be before they apply for the permit. Taylor stated it would be within thirty days. Christopherson added condition number fourteen, the applicant will apply for a building permit within thirty days of the approval of the findings of fact and conclusions of law, McDaniel seconded the motion. All aye: motion carried. 6 Sanderson – Code Violation – The Mayor stated that the Hadley property is now owned by Sandy Sanderson and this hearing is for the Council to determine if the property is in violation of City Code. The Mayor declared the public hearing open. Staff Report – Shaw Taylor stated the Zoning Administrator is requesting a code violation. The nuisance that exists depicts two manufactured homes that have been annexed into the city. The City has received several complaints about this, along with vagrancy, undesirable behavior, juveniles and insulation blowing into the irrigation canal. The area has pieces and parts just sitting around, there are no doors or windows on the structures. Sanderson has talked with Shaw Taylor and agreed to have them removed by the end of May. Then the Ada County Sherriff’s office was contacted and Mr. Sanderson stated he wasn’t able to remove the buildings. The other property owner Mr. Ricky, attempted to make representations that he would attempt to have the homes removed and nothing has been done today. Mr. Hadley was contacted by Mr. Sanderson and he is willing to clean up the property. The Mayor stated that he received a call from Sanderson ten days ago pleading for more time and that he was broke and unable to remove them. Sam Rosti got a call from Sanderson as well as Warren Hadley to remove the buildings. The previous representations have failed to come through. The Mayor did get Hadley and Rosti’s word that the property would be cleaned up. The other option is to determine it to be a nuisance against Sanderson and Ricky. Our Ordinance requires that we give additional time once the nuisance has been declared, the Council can determine it a time frame. Shaw Taylor has talked to the Ada County Prosecutor and he recommends that we clean it up and then serve them a bill as opposed to criminal proceedings. The intent is to declare the nuisance and the direction to mediate the nuisance. Christopherson asked if we would need another public hearing if they did not comply. Bonney stated that we would not, we need to give them a specific amount of time and then proceed directly to abatement. McDaniel believes we should declare it a nuisance, clean up the property and send the bill to the property owners and if they don’t pay then we could lien the property. The Mayor stated that it would be a mechanics lien and it would only be good for six months. The Mayor asked if there was anyone there representing the accused. No one spoke. Eric Battey, 2420 N. Munger, Star, Idaho, stated that he was there to listen to the procedure. There are a lot of areas that are like the Handley property and Battey’s hat is off to the Council in getting it taken care of. Rosti and Hadley will clean it up for the City. Battey asked if they would be reimbursed. The Mayor stated that there was no discussion of money. Alex Joye, 1977 N. Willow Glen Place, Star, Idaho, stated that his property is adjacent to this property. He is in support of declaring the property a nuisance and he appreciates the quick attention to this matter. He also appreciates the quick response from the Police 7 Department when they were called about juveniles around the trailers. The property is a nuisance, and he believes a mechanics lien is appropriate. The Mayor explained that with the Mechanics lien we would have to hire someone to remove all the stuff, the bill then goes to the owner and if it goes unpaid we can then file a lien. Other than foreclosure, we could not recoup the money unless they paid. Joye does not want the City/tax payers to get stuck with the bill. Randy Thomsen, 11523 W. Streamview, Star, Idaho, stated that he is in favor of the City cleaning it up. He reminded Council that Lakeshore problems went to small claims court and is still there. He believes that the City needs to clean it up. Michele Wilkey, 1999 N. Willow Glen, Star, Idaho, thanked Shaw Taylor for putting up with all her phone calls. She stated that when the Hadley’s lived there the trailers were well maintained. Her property backs up to this property. The insulation from the trailers flies into her backyard, it’s a nuisance and it is harmful for the canal. She thanked the Council and the City for taking this on so quickly, and appreciates the Police Department for their quick response. Wilkey has also called the Police on some farmers that were working late. She does want to see this taken care and believes it should be declared a nuisance. She asked how soon it will start. The Mayor stated that the nuisance is declared today and the first time they got called was in April. The Hadley’s did start tearing it down in April, but then it stopped. The Mayor stated that it was started as a salvage process. The Mayor closed the public hearing and moved to a decision. Erlebach would be the first one to make them comply. He believes we should grant the prior owner and Mr. Rosti the time to clean it up, within 30 day. The Mayor stated that in the past it has cost us about $4,000 to clean up an area. The Mayor believes it would be appropriate to give Rosti and Hadley time to correct this. He would suggest it happen in two phases: one would be to have the loose debris cleaned up within 48 hours and then thirty days for the trailers to be removed. Then the Building Inspector or Zoning Administrator could inspect it. The Mayor stated that we first need a motion to declare the nuisance. McDaniel moved to declare a nuisance of the Hadley property and that within 48 hours the property be cleaned of loose debris with an inspection to follow; and that the mobiles homes be removed within 30 days and there after the City should take such action to remove the buildings and debris; then bill the property owner, Christopherson seconded the motion. All aye: motion carried. Point of clarification – the City will pay to have the work done if it is not taken care of. Budget 2008-09 – The Mayor reviewed procedures for the budget appropriations. The Mayor reviewed the revenue line items. The property tax amount is exactly the same as last year with no three percent increase. The building part of the budget has been based on 150 building permits. Total income is budgeted for $2, 601,023. The Mayor 8 reviewed the expense line items. Staff salary increases are based on 3%. There are only four positions. We have budgeted for a part time Parks & Rec. Coordinator to get classes going. We have reduced legal fees; professional services have been adjusted for studies; professional dues have increased; utilities increased due to the new building; maintenance and repair increased; and miscellaneous is directly related to bond reimbursement. The inspectors wages are all growth related. Animal control increased to $18,528 this year. The Police budget increase will be $501,000. This years expenses will be $371,000, we have budgeted again for an extra officer, but have not hired one. Capital - buildings and community will be dependent on building revenue. The inter-fund transfer is start up money for the year. The Mayor stated that for clarification, we did discuss at the workshop the Idaho Humane Society contract. We are going to look at different options. The Mayor stated that there was a checking accounting line item typo – it has been corrected. Denice VanDoren asked about a year end recap on where the City ended up – do we have debts. The Mayor stated that there was no debt. The total income budgeted for was $3,197,203 and so far we collected $1,416,552.32; total expenses are $1,375,687, so net income is around $40,000, and again there is no debt. If we stripped out growth related line items our budget would be about one million dollars. VanDoren asked if the Assessor’s having an office here would provided revenue for the City. The Mayor stated that it would not. The Mayor stated that we will have a DMV office in City Hall on October first. The Mayor stated that the Assessor has agreed to have a DMV here like Meridian and Garden City – they will not be issuing driver’s licenses. They have asked that we pay for a part time person, which has been added to professional services. We believe everyone will use the DMV. The Mayor stated that just for clarification purposes, the City is not taking the 3% increase allowed by the State. Chris Stokes would like a copy of the budget. Old Business: Allied Waste Request - Mandatory Garbage Pickup – Christopherson stated that he was torn on this issue. He believes the average person will be paying less. He does not like citizens to be forced to have garbage pickup, but thinks it will benefit the residents. Erlebach agreed with Christopherson and believes it will save the garbage companies some fuel and will look pleasant for the streets of Star. McDaniel stated that she is not in favor of this. People don’t want to pay the extra money and want to put out their own garbage can. Mayor Mitchell agreed with Councilwoman McDaniel, stating that he can get rid of his trash and pay less at the dump than to Allied. He understands safety, but that is the 9 business Allied Waste is in and they don’t need our police power. The last flyers that went out stated that the service was mandatory and there were several unhappy people. He believes that mandatory service is basically another tax. McDaniel moved to deny the Allied Waste request, Christopherson seconded the motion. All aye: motion carried. Approval of Economic Development Committee Request – The Mayor stated this is to formalize the request for matching grant funds. Erlebach moved to approve the EDC request, Christopherson seconded the motion. All aye: motion carried. Ordinances & Resolutions: Ordinance No. 192 2008-2009 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. 192 be considered after reading once by title only, Christopherson seconded the motion. Roll Call: McDanie, Christopherson and Erlebach – all aye: motion carried. Christopherson moved to approve Ordinance 192 2008-2009 Appropriations an Ordinance, to be termed the annual Appropriation Ordinance of the City of Star, Idaho for the fiscal year commencing October, 1, 2008 and ending on September 30, 2009, appropriating sums of money in the aggregate amount of $2,601,023.00 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 & Canyon Counties, 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, Elrebach seconded the motion. Roll Call: McDaniel, Christopherson and Erlebach – all aye: motion carried. Reports: Staff – Shaw Taylor stated that ACHD delivered a draft report on the TLIP design guide. They want to meet with the Mayor and a couple Council people on Friday at 1 pm at City Hall to answer questions. Shaw Taylor stated that the Federal Highway has a $25,000 to $75,000 public information campaign opportunity for roadway safety. The application is due within a couple weeks. The Mayor stated that since we do not own any roadways there is nothing to do. Shaw Taylor met with COMPASS regarding the GIS. They will be putting together an RFP to be done in January of 09. 10 Mayor – The Mayor stated that we have made improvements to the area in front of Westpointe. It has been graded, cleaned up and drill seeded. He is working with highway district on making paths through the park. More improvements to that will be happening as money allows. This park is available to canines. The Mayor stated that there are flyers on increased fees from ACHD available. The Mayor will be attending the Treasure Valley Partners Retreat on the 11th and 12th. The Mayor has been appointed to the Surface Water Summit Committee. Adjournment: Christopherson moved to adjourn the meeting, Erlebach seconded the motion. All aye: motion carried. The meeting was adjourned at 9:45 pm. Respectfully submitted: Approved: ___________________ _______________________ Cathy Ward, City Clerk Nathan Mitchell, Mayor 11