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1 Star City Council Meeting Minutes November 16, 2010 The regular meeting of the Star City Council was held on November 16, 2010 at 7:00 pm. Mayor Nathan Mitchell called the meeting to order and all stood for the Pledge of Allegiance. Roll Call: Council persons Tammy McDaniel, Gary Smith, Tom Erlebach and Chad Bell were all present. Approval of the Agenda: Bell moved to approve the agenda, McDaniel seconded the motion. Smith amended the motion to add 7-D Approval to apply for the Idaho Community Block Grant, Erlebach seconded the amended motion. All aye: motion carried. Consent Agenda: McDaniel moved to approve the Consent Agenda consisting of Regular Meeting Minutes of October 19, 2010 and Claims Against the City for October 2010, Smith seconded the motion. All aye: motion carried. Presentations/Public Input: Star Chamber of Commerce Donation Request – Tammy Sullivan Watson, 4958 High Prairie Place, Star, stated the Chamber is looking for a donation from the City for advertising. Watson read a letter to the Council. She stated the Chamber is seeking $370 from the City. Erlebach asked if they were looking for only $370. Ulysses Mori introduced himself as a volunteer for the Chamber and stated the Chamber has been holding meetings and he would like the Council to consider a larger donation. It was noted that there were more requests from Steve Green. Watson did not know about the other requests. The Mayor asked what the Chamber membership cost was. Watson stated that it is $75. Erlebach asked if any of the bazaars has ever made money. Watson stated that last year they did make money, and part of it was donated. Profit last year was about $800 to $900. There are approximately 48 vendors currently; applications are open until the end of the week. There was concern that the Chamber would be back for money if they did not meet their budget. McDaniel asked if the Chamber would be asking for donations annually. Watson does not see herself asking, she sees the Chamber as self perpetuating. Mori stated that they ---PAGE BREAK--- 2 will be back to ask for more money – he sees this as a partnership between the Chamber and City. Bell moved to approve the donation request of $370, McDaniel seconded the motion. Erlebach asked about the other donation requests. The Mayor stated that this request was the only one to be addressed right now. All aye: motion carried. Ada County Highway District – Main Street Presentation - Adam Zaragoza, Project Manager with ACHD, stated that they will hold an open house on December 9th. The open house will be to show the cross sections plans for Main Street. There is a public right-of-way of 60 feet. They plan to have this ready to go by September. Discussion was held on the specific request to have the sidewalk go all the way to the river. Zaragoza stated that currently the plan is just to go to the church; this can be adjusted. There will be discussions on drainage and where it will end up at a later time. Public Input: No public input was given. Public Hearings: Qwest Communications - Conditional Use Permit – The Mayor reviewed the procedures for the public hearing. The Mayor declared the public hearing open and asked Council if there were any conflicts of interest or ex parte contact; hearing none the Mayor asked the applicant to speak. Bob Smith, Hutchinson, Smith Architects, 270 N. 27th Street, Boise, Idaho, stated that he was there representing Qwest Communications to construct a building addition. The existing building is in an R4 zone. In 1995, another building addition was done under a conditional use permit under Ada County. Smith stated that growth has resulted in the need for the addition to the building. The addition will be a one story addition to the north side of the building. The outside will be stucco and will have a metal roof to blend in with the current building, the outside appearance won’t change. Regarding the staff report and concerns regarding the existing gravel; there are no street improvements there, both neighbors have gravel driveways. Because of the gravel, the drainage percolates into the ground. To come in and pave the area, Smith doesn’t believe it is appropriate right now to put it into a swale that would pool water at the end of the driveway. The building is unoccupied; there are no permanent or part-time employees that stay in the building. Employees go in only to fix the equipment. Travel to this property is minimal, only a few times a week. Employees were parking in the back of the building, but that will stop. The original design application was to have an air conditioning unit close to the rear property line, enclosed by a masonry wall. It was decided that it will take less tooling and two air conditioner units will do the job. They will be placed on the building and will be twenty feet away from the property line. They are rated at 20 decibels, significantly less than the current unit on the wall. Total sound with two air conditioners will be 73 decibels. The noise level will be the same at the property line. They did hold their neighborhood meeting and no one attended. Smith handed out additional pictures of ---PAGE BREAK--- 3 the building. Smith talked about the decibels of the old machine, and the new units will definitely be less than what is currently there. Erlebach asked if there were three units currently. Smith stated that all total, there would be four, if approved. Councilman Smith drove by and looked at the building and stated that it blends in well with the neighborhood. He asked if the air conditioner was the same type as a residential unit. Smith stated that it was. Erlebach asked about the total square footage. Smith stated that it was 2047 sq. feet. Bell asked if the addition was for more capacity, or better service for Star? Smith stated that it will be for both. Bell stated that he’s asked for more services and they couldn’t do it. Smith stated services are not his area of expertise. Bell asked if there was any drainage facility. Bell believes a catch basin would work for drainage. The Mayor stated that we won’t get water across the road as it is crowned and the ditches are privately owned. The Mayor stated that the drainage currently percolates into the driveway. Erlebach stated that we would require paving if it were anyone else. The Mayor stated that we would. The Mayor stated that the end of the fence is the property line. Bell is concerned that this is not a residence and he understands that there are no occupants, but believes Qwest could at least pave a couple parking spaces. It wouldn’t need to come to the end of the street, but they could pave a couple parking spaces. The Mayor stated that we are not changing the use, only expanding it. Bell stated that he believes they need to have a couple paved parking spaces and it is not that huge of a cost. Erlebach would like to see some screening on the air conditioning units in front of the building. Smith stated that regarding the paving, the expense of a 20 x 20 is not that great. It was his recommendation to Qwest not to pave it because it blends in more with the neighborhood. If it is paved, it will need to slope away from the building to the road and it will make a big mud hole. It will also generate more heat for this building and the surrounding buildings. Smith stated they are trying to blend in with the neighborhood. If the Council wants it to be paved, they will do so. Erlebach asked if they couldn’t crown it and run it into the gravel and put in a French drain. Smith stated they would make it work. Erlebach suggested the screening for the a/c units be a couple of posts with some slats to cover them up. Smith stated that it can be done. ---PAGE BREAK--- 4 The Mayor asked for any additional staff information. No additional information was provided. The Mayor asked for public input. There was no public testimony given. The Mayor declared the public hearing closed and Council moved into deliberations. Bell thinks there should be a couple paved parking spaces. He does not believe it will create a big drainage issue and the water can go a different way. It won’t make the building look worse and believes it will improve the looks, and the air conditioning units could be screened. The Mayor asked if a motion would include hard surface paving. Bell stated that he would rather see it as concrete paving spaces. Councilman Smith stated that he heard what Bell said, but he thinks the paved driveway would look out of place. The Mayor stated there have been no issues with parking there. McDaniel stated that she sees concrete or asphalt pads as something that will attract kids to it. She is not 100% in favor of it being paved. Bell stated that this is our only chance to fix this problem in the next thirty years. We need to think through the process, we’re looking at improvements in the old part of town – this is our chance to do that. McDaniel stated that her thoughts are that there will be another use there in the future, maybe something totally different. Bell stated that this is the only time that we will affect this property. Bell moved to approve the Qwest Conditional Use Permit, File #CU-10-02, with the following conditions: 1) a hard surface parking space be installed wide enough for two vehicles in the front of the building; 2) to include the written condition in the staff report; 3) the air conditioner units to be screened, Smith seconded the motion. Smith, Erlebach, and Bell - all aye: McDaniel no: motion carried. Kuehn Rezone - The Mayor stated that the application was for the Kuehn Rezone asking for a rezone from Residential (R-2) to a Mixed Use (MU) designation. The Mayor asked for any conflicts of interest or ex parte contact, hearing none, the Mayor opened the public hearing and asked the applicant to speak. Mary Kuehn explained that she would like the property rezoned to Mixed Use, as she wants to put a beauty shop in the building. Bell asked if it was just the parcel with the building that was being rezoned or the entire piece. Kuehn stated that she would like the entire parcel rezoned, but the application was for the small parcel only. ---PAGE BREAK--- 5 Erlebach asked if Kuehn has looked at the Central District Health letter as it states that the property is served by septic system. The Mayor stated that they will require a permit. Kuehn stated that the house is served by the Star Sewer and Water District. Kuehn stated that the driveway is gravel currently. She is aware that Ada County Highway District will require the first thirty feet of the drive to be paved. Erlebach asked about the parking spots being paved. The Mayor stated that was one of the conditions. The Mayor asked for any additional staff comments. Ward stated that an additional agency response had been received from the Department of Environmental Quality and they had no concerns with the application. The Mayor asked for public input. John Tomkinson, 2393 N. Sunny Lane, Star, stated that there were a couple businesses in town that don’t have paved parking spaces. The Mayor stated that there are different requirements in different districts. The Central Business District does not require paving. Tomkinson stated that it doesn’t match. The Mayor stated that the new code is fixing the problem. Kuehn stated that she will be paving, as she wants it done for her clientele. She is concerned about the timeframe of getting it done. The Mayor stated that there are ways to work with the City to secure interest and postpone the work. The Mayor closed the public hearing and Council moved to deliberations. Bell moved to approve the Kuehn Rezone, File #RZ 10-01 with the three recommended conditions of approval, McDaniel seconded the motion. All aye: motion carried. Old Business: Resolution No. 2010-04 Department of Motor Vehicles Agreement - The Mayor stated that there was financial information included in the packet. McDaniel recused herself due to working for the DMV and possible conflicts of interests. The Mayor stated the agreement asks for another year of using the facility and the monetary assistance of $1200 per month for an employee. The Mayor stated that the spread sheet states that they are making $12,000 and the agreement was that when they did make a profit, we would stop paying. Bell stated that it was also his recollection that we are providing heating, utilities and the space. Bell believes it is time to renegotiate this agreement. Erlebach asked if the profit is accurate. The Mayor stated that the revenues and expenses for September are not included. ---PAGE BREAK--- 6 It was agreed that this agreement should be renegotiate. The Mayor will talk with the Assessor. Emergency Operation Center Discussion – The Mayor stated that he has gone through one round of bid estimates to build basics for the upstairs for this center. The bottom line to finish the 1,500+ sq. feet upstairs, will be at a cost less than $25,000. Bell stated that he believed the Fire Department had stated that they would foot the bill. The Mayor suggested that we build it and recoop the money through rent, as then any improvements will be ours. The Fire Department is very interested in the three office rooms as well. Smith asked if the Fire Department has received the grant. The Mayor stated that it is a combined request from the City and Fire Department. The grant money is for equipment only. Bell moved to have the Mayor get the renovation done upstairs for the Emergency Operations Center; cost not to exceed $25,000, Erlebach seconded the motion. All aye: motion carried. Personnel Policy Changes – The Mayor stated that Councilman Smith wishes to have a continued discussion on policy. Smith stated that he felt he needed to learn more about City policies and procedures so he contacted Idaho Risk Management (the City Insurance provider) and asked for their advice. Smith went out and asked the public if the City should have job descriptions – it was overwhelming yes – and it was also an overwhelming response that they wanted it posted. He is aware that legally we are not required to do this. Smith reviewed the proposed procedure changes to current policy and procedures manual. Each employee would have a detailed job description and everyone would know the requirements. Smith stated that when a new Council is here they would know what is expected. The second change would be for all new positions or replacement position openings be placed on the web site and local newspapers. Smith stated that he came from the corporate world and that is the way it is handled. Smith moved to create job descriptions for all employees and have all new positions be posted, Erlebach seconded the motion. Erlebach asked if there was an effective date. The Mayor stated that we can do it effective now or in the future. McDaniel asked if there has been something that has alerted or motivated Councilman Smith that would make him believe that our employees don’t know their job. Smith stated that he assumed that we had job descriptions. In talking to AIC and ICRMP, it is a right to work state, but employees can come back up to two years and cause problems for the City. Smith stated that you want to cover the risk. Having come from the corporate world this would happen. There is a possibility of risk here and what you don’t know is what to expect of them. It is an issue that needs to be addressed. He believes we need to post the jobs and set it in policy even though legally we are not required to do it. Smith ---PAGE BREAK--- 7 stated that as stewards of the citizen’s money – we need to do the right thing. So he is, based on the change. If he raised the question to the citizens they would say create job descriptions and post openings. Bell understands Smith’s concern, but he doesn’t see going into this with tunnel vision and blinders. Bell stated that if he presented a question just right to the public they would agree with him right now. Bottom line is, we have a system that works extremely well. The Mayor is the executive branch along with the legislative part of the Council. Any smart business man will go after who they need to go after first; if it’s Carla (Elementary School Principal) or anyone else they will go after the person they want. We can argue all day long. We are not a great big corporation, we want to operate efficiently and we want to make smart money decisions. We are 100% open and up front. We may ask our staff to assist in other areas, but we don’t need set job descriptions. The Mayor stated that the City of Star has policies, just like numerous cities require policies. The Mayor stated that if we don’t know who will fit a position, we will post it. There have been two or three positions that we haven’t posted for in the nine years, but there are eight other planner positions that we have posted. All are costs in staff time, mailing, etc. He does not want to create a false impression to the outside world that we are heading in one direction and we aren’t. The Mayor stated that we have talked about it publicly before and asked if anyone had changed their minds. Smith stated that we should look to the future; we should have things in place. The Mayor stated that he doesn’t disagree, but he cannot know what the next Mayor would want. All this can be done in the future. The Mayor stated that the motion is to direct personnel policy changes to have all employees have job descriptions and all open positions be posted. Smith, Erlebach – aye; McDaniel, Bell, Mayor – nay. Motion denied. Community Development Block Grant – The Mayor stated that he would like to have information on this prior to discussion and suggested another agenda. Smith stated the planning of the master plan would go along with this grant, and we could apply for a half a million dollars. Smith will give the information to the Clerk to disperse. Reports: Staff – Staff had nothing to report. Council – Smith reviewed the meetings he attended and new upcoming meeting dates. Erlebach asked if horses were allowed on the River Walk. The Mayor stated that he would check into it and have it for an agenda item. Erlebach asked to have thank you letters sent to people picking up garbage. ---PAGE BREAK--- 8 Mayor – The Mayor stated that the purchase of Hunter’s Creek and one residential lot has be completed. He will be meeting with a landscape architect and civil engineer to try and put together a scope of what it would take to start it. We’ve got about $1.3 in savings. The Mayor reminded Council of the email that was sent out regarding staff. If Council has something they need done, they need to request it of the Mayor, not staff. He also reminded Council that they should be careful when they are representing the City that they are not to represent something that is not the position of the City. Adjournment: Bell moved to adjourn the meeting, Erlebach seconded the motion. All aye: motion carried. The meeting adjourned at 9:25 pm. Approved: Respectfully submitted: Mayor Nathan Mitchell Cathy Ward, City Clerk