City Council Regular Meeting

Star City Council Meeting Minutes September 1, 2009 The regular meeting of the Star City Council was held on September 1, 2009 at the Star City Hall. Mayor Nathan Mitchell called the meeting to order at 7:00 pm and all stood 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: Bell moved to approve the agenda, Christopherson seconded the motion. All aye: motion carried. Consent Agenda: McDaniel moved to approve the Consent Agenda consisting of: Claims Against the City for August 2009; Regular Meeting Minutes of August 4, 2009; the Hadley Property Time Extension Request and a Proclamation for Prostate Cancer, Bell seconded the motion. Christopherson stated that he did not make the statement on page eight, starting with “He believes this is too big of decision for the Council,” it was Councilman Bell. McDaniel amended her motion to state that Councilman Bell made the statement, Bell amended his second. All aye: motion carried. Presentations/Public Input: Law Enforcement Report – Chief Ken Ramage reviewed the July operations report. So far the crime rate has dropped in Star. Christopherson asked for a report on what the Chief learned during his schooling. Chief Ramage stated that it was too broad to go into detail, but would talk to the Council about some items later on. Presentation – April Lopas was asked to come to the podium by Mayor Mitchell. The Mayor read a letter from Sergeant Harris to Lopas (see attached). The Mayor presented April with a gift certificate from the Star Café and Merc. McDaniel stated that there were a lot of people wanting Ramage to come back to work. Committee Reports – Economic Development Chair, Gary Smith, 258 Langer Lake Way, Star, Idaho, reviewed the items that are on-going for the City and talked about the Star River Walk, Star Master Plan, and ESTech. Public Input: Comprehensive Plan Amendment - Star River Walk: Tim Breuer, 708 W. Franklin, Boise, Idaho, explained The Land Trust and who they work with. They are partners with the City of Star working on the Star River Walk. They started this project, Star’s finances got things going and other grants have completed some of the project. They looked at the Comp Plan and did some visioning and planning. Everyone brainstormed 1 for the future of the river. They have held an open house and received very good input. They looked from Star Road to Heron River – the desire was to take a bigger look as in Linder to Lansing Lane. Those are two areas are where you can get on the river. They ended up focused on specific area that the community could start with. The community wanted safe access to the trails with many options for using the river. Private property rights are supreme and access will be provided where there is legal access. The river is a working river and irrigators have a need to use the river. The plan recognizes that there are also working facilities on the river. The plan identifies Linder to Lansing, Highway 16 and Bent Lane. It illustrates what’s there now and what could be there - certainly access to the river. The other thing that is key; is working with other communities for designing the walk. The Star River Walk at Heron River is the open space along the river and the trail. It is the same scenario as in Boise. The comments from the citizens were “we are not Boise or Eagle”. Breuer pointed out that the starting point would be on property the City owns and will require a bridge. The path currently is a legal available path to the public. The dedicated open space of Heron River includes public trust land and fish and game land. Access to the south is in the future, but there are similar right- of-ways as in north of the river. Breuer talked about flood risks and about passive recreation; you can’t have permanent structures in this area. The plan shows a restroom on higher ground along with a park area and access to all the open space areas. The pond was by Heron River and it called for restoration. They are suggesting a beach area, a dock area and fishing. Farther up the river is a protective area, a Heron Rookery. They have talked to agencies about how to have people in the area and not cause disturbance to the birds. They are suggesting now that this area be set aside as a protected area. Breuer is thinking that we could have a web cam to follow the Heron’s life. They are talking to the elementary school about this. The Boise River is a working river and has been for many years. They are trying to bring back the black cottonwood trees as part of keeping this area natural. Breuer talked about getting some benches. Some of these areas will not be able to be used due to the river rising. It will be open to bicycles, walking and horses. There are areas that can be separated for walking and a bridle paths. Breuer department of lands easements – ownership of property and maintenance. There is a conservation easements held by the Fish and Game and the other is held by the City of Star. There are some problems with trading off conservation easements. There is some discussion about not handing over the sensitive area to homeowners to ensure long term protection. There is a facility to do this. If a developer could require a transfer fee for protecting and taking care of this area. Breuer feels that management and maintenance get over-looked. We have to follow-up with maintenance and management of these facilities. It’s better to figure it out ahead of the curve rather than trying to play catch up later. We need to figure out the cost to maintain the river walk. There could be other money to use for restoration. The trail may not need anything for years, but if it floods, maintenance will need to be done. Regarding prioritization, the first phase is focused on where the trail is located and marking space for the bridge. You can walk it now but we they are trying to make it 2 more accessible by leveling it out. There are opportunities for the City to own the BLM land and possibly the trust land, they have some value in making it part of the river walk. The Land Trust may be able to provide an interpretive sign for the Heron Rookery. Breuer talked about the banks eroding. There maybe some water quality grants to prevent some of this. The money from the Women’s Charitable Trust given to The Land Trust has not been spent. They won’t do anything with it until they see where we are with the bridge. The group has talkied about fencing (post and rail). As we move forward, The Land Trust will follow the lead of the City. They are setting the stage for something down the road. Public Comment: Heidi Prigge, 400 N. Star Road, Star, Idaho, stated the City hasn’t figured out the maintenance on the property. She’s picked up two bags of trash in the past two days, glass bottles and condoms. There needs to be some trash cans and the property markers on her property were taken down. Prigge stated that this is where everyone is hanging out and there needs to be some time frame for people as to when they can be down there. She would like a sign releasing Priggee and Carlson from any damage and a fence. People are using the path, there are also weird people using it. The glass bottles are being banged on the rocks and left. Prigge and Carlson own the pond in the middle of the property, they stock it with fish and people are fishing. She hopes that they can get a permanent sign with times on it. Prigge asked if The Land Trust is planning on planting the cottonwood trees along her property. She asked if the path would be paved. The Mayor stated that no one wants the path paved, but they may bring in some gravel to level it out. Regarding the maintenance, we have a contract employee that we can add additional duties too. Scott Buck, Star Fire Department, stated that he was there to discuss the access. He walked down there today and it looks good and people will use it. As the community builds the path out, we need to get together and figure out access for emergencies. If they go into Heron River and they could get there – they would cut fence now. We need to figure out emergency access points. We can put locks on the fences so that the wire fences don’t need to be cut; property owners can use Knox Locks. The Fire Department can get into those locks to ensure emergency services. Buck is concerned about the potential for a fire with all the debris that is piled up towards the west end of the property. Buck stated that by knowing that IDL and BLM are involved with this river walk, it will bring some better resources. Brad Carlson, 960 S. Main Street, Star, Idaho stated that he bought all the property at the river in 1993. He and Prigge had an option of going to court to decline access to the property; they did not go that route. They gave the access to IDL as the hunters and fisherman were good stewards and the Fish and Wildlife were also given an access. He has spoken to the Mayor and they will put a service agreement together. Carlson stated that the potential for problems at the river will come. The area will have to be patrolled; there have been problems at the river. Carlson and Prigge would like to see some signage 3 designating the opening and closing times of the river walk. If he has problems for lack of due diligence he will not be pleased. Gary Smith, 258 Langer Lake Way, Star, Idaho, stated that Prigge and Carlson’s concerns are good ones and it is an issue that everyone faces. They have a pool in Pinewood and they pull teenagers out of the pool all the time; they also have restrooms that are used for the wrong reasons. These are all concerns. The river walk is for the community and we want to have it opened up. He doesn’t believe it should be locked up. Smith stated that what happens at 2:00 am there are found in other areas as well. Let’s do this in a positive way with community efforts – it should be community project.. It’s a great thing and we don’t want to lock it down. The Mayor closed the public hearing and moved to deliberations. Bell loves this project, but has had the same concerns. We need to go in with our eyes wide open. We all know the potential for good and bad down there. If we handle it right, we can make it happen. He is impressed with the Master Plan and there are a lot of decisions to make, he would like to see us move forward and adopt it. Christopherson echoed Bell’s sentiment and believes the concerns are valid. We can put things in place to take care of some of the things. The more we make the area visible, it won’t be as an attractive of a place to have problems. He is excited to have the plan and it is good. Christopherson moved to approve the Star River Walk Comprehensive Plan Amendment, McDaniel seconded the motion. Mayor Mitchell asked legal counsel, Cliff Brown if it is logistical to enter into an agreement on how the trail can be handled. Brown stated that we can mitigate any concerns and move forward with the amendment. McDaniel doesn’t want to repeat all the comments, but by improving that area, people that go down there are going to realize they can’t get away with the things they are doing and it will get better. The benefits far outweigh the negative. The Mayor talked about the area down there and stated that we would have increased patrols. The more good people we get down there, the less the bad people will want to stay. The Mayor thanked Richard Tinsley and Ray Stokes for their work on the project. McDaniel echoed the sentiment and it believes it was a success. Erlebach asked if we could burn the pile of brush down there. The Mayor stated that we would need to haul out some stuff. The poison ivy has been sprayed. All aye: motion carried. 4 New/Old Business: Life Spring Sign Waiver Request – Andy Luedtke, 932 Cottage Cove, Star, Idaho, stated that he was a family coach with the Life Church, he was hired this last month. Luedtke stated that they don’t have a church right now. They have grown in membership and are having a kickoff event community (BBQ) and want to put a couple signs. The ordinance says that signs need to be placed on their own property, but they don’t have property. They are here asking for a waiver. They would like to put up banners for about fifteen days and to be able to put up some portable signs. Erlebach asked about the banner they already have on South Star Road - did you get permission for those or permits? Luedtke is asking for input on all three locations. McDaniel asked if the intent is to use these banners whenever they want? Luedtke stated that there are two different types of signs. The banner being used four or five times a year. They don’t have a public face right now, so they are looking for creative ways to have that. Erlebach asked about the empty shell on First Street. Luedtke stated that it is being managed by a management company. Erlebach stated that he was told that Life Spring and Star Christian Churches would be connected. Luedtke stated that they are not currently connected, but combining the two is being researched. Bell doesn’t have a problem with the temporary signs for the fourteen fifteen days; he does have a problem with the permanent signs because of no building. It’s pretty hard for the Council to approve the signs when it doesn’t follow the code. Luedtke described the A frame signs and that it would be taken down each day. Planning & Zoning Administrator , Mary Shaw Taylor stated that it is not per code as it is not their property. Christopherson has problem with the first part, but does have with the second. Is there a possibility for a sunset with this application. The Mayor stated that there is property involved in this application; it’s a question of the signs. Shaw Taylor stated that a temporary sign is defined as a sign that can be up for fourteen days, but does not define it within a consecutive time frame. If you approve the banners, it will need a time frame. The Mayor stated that our sign ordinance is not good. We have to change it all the time. We are in worst economic times and things are growing. The unified code is coming before the Council soon – it was placed in front of the Council with no sign ordinance. 5 Bell stated that he was not willing to grant permanent signs, but would give a waiver for the upcoming couple events and lets fix the process. McDaniel suggested granting the waiver for a year with signs being put up not more than four times a year. Christopherson agrees with Bell, approve this on the short term and approve the first request and define the parameters. Christopherson suggested the signs are up for two events September 13 and 19th. Banners three by five feet. Christopherson moved to approve the sign waiver for Life Spring Church with the following conditions: this waiver will sunset September of 2009 and the signs will only go up for two events – September 13th and 19th, McDaniel seconded the motion. Christopherson thanked Luedtke for coming to the City. All aye: motion carried. Resolutions & Ordinances: Resolution 09-06 Pedestrian Bridge (Keller Agreement) –The Mayor reviewed the contract and stated if needed $900 could be cut out for permitting. There is money that can be saved, but it is not on the big items. Christopherson thinks that it is a good thing and something we need to do. We want to have a good bridge and have an engineer that knows what he’s doing. Christopherson moved to approve Resolution 09-06, A Resolution of the City of Star, Ada and Canyon Counties, Idaho, approving and adopting the professional services contract between the City of Star and Keller Associates, Inc., to provide for engineering services for the construction of the Star River Walk pedestrian bridge; authorizing the mayor to execute such approval on behalf of the City; and providing an effective date, McDaniel seconded the motion. Bell stated that he does not have any heartache in the engineering of it, but does have some heartache over the construction. There may be a way to build this a whole lot cheaper by going out to some engineering schools. All aye: motion carried. Resolution 09-07 Bailey & Company Auditing Services – McDaniel moved to approve Resolution 09-07, a Resolution of the City of Star, Ada and Canyon Counties, Idaho approving the proposal of Bailey and company7, 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, 2009; authorizing the Mayor to execute such approval on behalf of the City; and providing an effective date, Bell seconded the motion. All aye: motion carried. The Mayor stated that our relationship with Bailey and Company have been very positive throughout the years. All aye: motion carried. 6 Resolution 09-08 Hawley Troxell Bond Contract – Christopherson likes the agreement and is in favor of the it. Christopherson moved to approve Resolution 09-08, a Resolution of the city of Star, Ada and Canyon Counties, Idaho, approving the professional services agreement between the City of Star and Hawley Troxell Ennis & Hawley LLP, to provide bond and disclosure counsel for the proposed financing of general obligation bonds; authorizing the Mayor to execute such approval on behalf of the City; and providing an effective date, Bell seconded the motion, all aye: motion carried. Ordinance No. 204 2009-2010 Appropriations Ordinance – McDaniel moved that pursuant to Idaho Code, Section 50-902 the rule requiring an Ordinance to bread on three different days, with one reading to be in full be dispensed with and that Ordinance No. 204 be considered after reading once by title only, Bell seconded the motion. Roll Call: All ayes: motion carried. Bell moved to approve Ordinance No. 204, an Ordinance, to be termed the Annual Appropriation Ordinance of the city of Star, Idaho for the fiscal year commencing October 1, 2009, and ending on September 30, 2010, appropriating sums of money in the aggregate amount of $1,297,727.00 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 $811,261.00 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 the State as provided for by law; providing for publication; and providing for an effective date, McDaniel seconded the motion. Roll Call: All ayes: motion carried. Reports – The Mayor stated that he is hosting the First Annual September Golf Tournament on September 17th. Money will go towards scholarships for students graduating from Star. The Mayor talked about the Alliance for Growth Management with regard to planning and zoning boards and funding priorities. Adjournment: Bell moved to adjourn the meeting, Erlebach seconded the motion. All aye: motion carried. The meeting was adjourned at 9:15 pm. Respectfully submitted: Approved: ___________________ ____________________ Cathy Ward, City Clerk Nathan Mitchell, Mayor 7