City Council Regular Meeting

Star City Council Meeting Minutes October 7, 2008 A regular meeting of the Star City Council was held on October 7, 2008 at the Star Hall at 7:00 pm. Mayor Nathan Mitchell called the meeting to order and asked all to stand as Boy Scout, Garrett Cline, led the Pledge of Allegiance. Amend the Agenda: Christopherson moved to amend the agenda adding item 5A – Presentation from Farmers Insurance and to approve the Agenda, McDaniel seconded the motion. All aye: motion carried. Consent Agenda: McDaniel moved to approve the Consent Agenda consisting of: Regular Meeting Minutes of September 2, 2008, Claims Against the City for September 2008 and Time Extensions for the Handley Property and Rockbridge Subdivision, Erlebach seconded the motion. All aye: motion carried. Public Input/Presentations: Presentation by Farmers Insurance – Lynn Walker of Farmers Insurance stated they have done a study on the security of cities. The City of Star was found to be one of those secure Cities and he was there to present the Mayor with an award for having a secure city. The Mayor thanked Mr. Walker and stated that it was the second time the City has received this award. Law Enforcement Report - Chief Ken Ramage stated that there were no major issues this past month. There was one vehicle burglary, a domestic battery and some property damage but overall it was a very uneventful month. The calls for service remained the same. Christopherson asked about the open house at the school. Ramage stated that they had a gang presentation and let the school know they were there to help with anything they needed. Budget Presentation – Ramage stated that an additional deputy had been requested in the presentation made in July. This is not to put a person in the office. Ramage would like to be able to supervise and work with the deputies. The other benefit of another officer would be to assist other deputies that are in the area. Ramage stated that they want to be pro-active not reactive. The Mayor stated that the contract would be discussed later on the agenda. Allied Waste Presentation - Rachel Cline, representing Allied Waste stated that she was here to talk about the annual review. The CPI came in at 4.875 % which will be reflected in the rates. They additionally have to add the disposal dollar increase from Ada County 1 Commissioners for waste disposal. The County Commissioners increased this by 10%. Wheel carts will be increased by thirty three cents. Erlebach asked if this will generate the same amount of revenue. Cline stated that it will not rule out another increase possibly in six months. The County may not need the increase due to the land fill not filling up as fast as they expected. Christopherson asked if the rates are monthly. Cline stated that they are quarterly. Commercial is billed on a monthly basis. Another change is the demolition cost, it is a new fee. Fees are different due to the tax that has to be charged on the wheel cart rental. TLIP Presentation - Justin Lucas, Transportation Planner for Ada County Highway District stated that their goal is to work with the county and cities and have the land use and transportation working together. This grew out of Blue Print for Good Growth. A hand out was given to the Council. Lucas reviewed the presentation. Christopherson asked if the City is going to be responsible for any extras on projects where the City requests different items. Lucas stated the City would need to pay for it. Ada County Open Space Presentation - Tim Breuer, representing Ada County Executive Director of the Land Trust of Idaho, stated they work with communities on preserving open space. He has worked on the ridges to rivers in Boise. The new program is about kids and nature. The task force for Ada County Open Space was put together to look at county wide open space. Breuer gave a power point presentation. Public Input - John Tomkinson, residing north of Star stated that his wife would like to know the status of the riding area. The Mayor stated that the building is not suitable for public use and is cost prohibitive to re-erect. The Mayor stated that the Council has entertained the thought of making it surplus. Darren Hoevel, 11457 W. Creekrapids Drive, Star, Idaho, stated that he lives in the Lakeshore Subdivision and asked where the City is with the property. Hoevel requested a timeline of events and what has happened. The Mayor stated that there were two issues that needed to be addressed by the Council and will be talked about tonight, they are weeds and recourse. The suit that was brought before was about some unfinished improvements and weeds. Mayor Mitchell stated that the only way we have any control is through the entitlement process. Mayor Mitchell will have a timeline put together. We may be proceeding with a civil suit against the 2 Blazers. Hoevel would like to join in any suit to recover costs against the Blazers if that is possible. Public Hearing: Nuisance Determination – Lakeshore Subdivision: The Mayor opened the public hearing and reviewed the item. The Council will need to determine a nuisance is present, and then decide on the course of action it wants to take. Public - Darrin Hoevel, 11457 W. Creekside Drive, Star, Idaho, stated he hated to see the Blazers purchase the land back. Hoevel asked if the City was taking on paying for the weed clean up. They would like to see the City continue the process. The Mayor stated that we have about $80,000 dollars worth of weeds to clean up in the City. The Mayor has entertained buying goats to take care of the weeds. The Mayor asked if the residents would mind having the goats to take care of the weeds. Liz Owen, 11681 W. Streamview Drive, Star, Idaho, asked if the Blazers have put in for any building permits. The Mayor stated that they have not. The rest of the phases of the subdivision are not recorded or created yet, the Blazers will have to come back to the City to begin the process over. Judy Simpson, 1858 N. Waterheights Way, Star, Idaho, asked who would be liable if a fire were to occur, would it be the Blazers or the City; and what would be the recourse. The Mayor stated that he does not know the liability, but believes the City would not be liable and that it would probably be the responsibility of the property owners. The Mayor closed the public hearing. Bell stated that he assumes that we have been continually sending letters to Blazers. The Mayor stated that we were. Bell is frustrated with our law firm that told the Council that this would all be taken care of. McDaniel stated that it seems like the letter from the court didn’t do anything and the Blazers still don’t have to pay anything. The Mayor stated that we can take them to small claims court, but it still doesn’t mean they will pay. Christopherson asked what if we go with the civil suit what are the costs? The Mayor stated that it can go from $5,000 to unending dollars. The Mayor said we can also consider this a misdemeanor charge and it could be charged for every day it is not mowed. Erlebach stated that we will probably not see any other results. Nobody has money to mow it and believes the City is liable for mowing it once, but not to continually mow and go bankrupt doing it. 3 Bell asked how many acres are there in weeds. The Mayor stated roughly sixty acres and it is about $70 an acre to mow. Bell asked if we can do claims on each of these mowings? The Mayor stated that we can do two different claims and/or proceed to issue the citations. Christopherson asked what the difference was is now from the May 2007 meeting? The Mayor stated that the public hearing in May was for weeds and unimproved items. Erlebach asked if we have mowed it once this year? The Mayor stated that we have not. Christopherson agrees with Bell, we should pay for one more mowing, move forward with two small claims lawsuits and the criminal proceedings for the citation. The Mayor stated that each day of violation, by code it is a separate offense. We can declare a citation today. McDaniel moved to declare Lakeshore Subdivision weeds as a nuisance and for the Mayor to proceed with all three options, the two small claims, criminal citations and to mow the weeds, Bell seconded the motion. All aye: motion carried. Nuisance Determination – Saddlebrook Subdivision – The Mayor stated that this action has been withdrawn, as the mowing is being done now. The Mayor talked about the option of buying goats. They run about $35 to $80 a head. There is a gentleman locally that has several goats that he leases or rents at a negotiated price for weed clean up. New Business: Review of Professional Services Contracts – Legal Contract – Discussion was held on the Legal Services contract and the Council felt that service is not very good. They have talked with the principals and things seem to have gotten worse. They would like to look at different service providers. Bell moved to send notice to Moore, Smith, Buxton & Turcke terminating the contract, McDaniel seconded the motion. The Mayor stated that it will be a thirty day notice cancellation. All aye: motion carried. Law Enforcement – The Mayor stated that the contract is for $501,201.62 which will include another officer and a new car. Bell stated that he is fully behind the partnership between Ada County Sherriff’s office, the Prosecuting Attorney’s office and the City. He is in support of this but understands that it cannot happen until the City receives money. When the money comes in, then we add the fourth officer and the next car – we want to stay ahead of the curve. 4 Christopherson echoed Bell’s comments. They are doing a great job. We can start this in January or February. Erlebach stated that he is happy with the three officers and the two cars. The Mayor stated that they are doing a great job and it is a successful relationship. When he looks at crime reports and call reports and deputies having time to build relationships in the community, he doesn’t see our services being overwhelmed. The Mayor called the Chief regarding seeing our car in Eagle. The Mayor believes we are ahead of the curve. Points made tonight are valid, it is difficult to supervise, but believes we are covered. Christopherson appreciates what he is saying, but if there is one thing that government needs to spend money on it is law enforcement. He stated that we are not behind the curve, but he’d rather stay ahead of the curve. Christopherson moved to approve the contract with Ada County Sherriff’s office and the Prosecuting Attorney’s office, Bell seconded the motion. All aye: motion carried. Regarding the Building officials contract, the Mayor stated that he is looking for direction. Christopherson doesn’t know about the day to day activities and asked if the Mayor was happy with the services. The mechanical, plumbing and electrical inspectors all do their job. The building officials, we have two one for day to day inspections and then Whitman does the plan review, he is pretty pleased with services. Erlebach stated that he has dealt with different inspectors and been treated very fairly. He would like to review these contracts each year. Christopherson assumes that none of the fees have changed. The Mayor stated that they have not. It was general consensus that the Building Officials contracts would stay the same. Idaho Humane Society – The Mayor asked Mayor Evans to look at a joint agreement for animal control services. The Council are very frustrated with services. Direction was given not to pay the Humane Society. Green’s kennel is open. The Mayor will get an option. Engineering Services – The Council are extremely pleased with services provided. Bailey & Company – The Council are pleased with the services provided. Ordinances &Resolutions: 5 Agreement for Auditor Services – Christopherson stated that they are doing a fine job, and the Mayor is very pleased, he strongly recommends approving. Christopherson moved to approve Resolution #2008-13, a Resolution of the City of Star, Ada and Canyon Counties, Idaho approving the proposal of Bailey & Company, Chartered, Certified Public Accountants, of Nampa, Idaho, to provide Auditing Services to the City of Star for the Fiscal Year which ends on September 30, 2008; authorizing the Mayor to execute such approval on behalf of the City; and providing an effective date, Erlebach seconded the motion. All aye: motion carried. Reports: Staff – Ward stated the web site has been up for a week. Council - Bell stated that he had attended a board meeting for VRT and they will be doing the bus service for the Special Olympics. He stated the bus routes are full. Mayor – The Mayor stated that he is very pleased that the school district has purchased a 117 acre site for a high school campus, the property closed yesterday. He is unhappy however, that the announcement was made at the Eagle City Council meeting last week. The Mayor stated that there is an ACHD Joint meeting next week and a water users meeting this week. The Pheasant Hunters Breakfast is the 18th and the EDC meeting has been moved to the 16th. Tomorrow or the next day we will start on the renovation for the DMV. Executive Session: The executive session was not held. Adjournment: Bell moved to adjourn the meeting, McDaniel seconded the motion. All aye: motion carried. The meeting was adjourned at 10:05 pm. Respectfully submitted: Approved: ___________________ ____________________ Cathy Ward, City Clerk Nathan Mitchell, Mayor 6