City Council Regular Meeting

Star City Council Meeting Minutes February 3, 2009 The regular meeting of the Star City Council was held at 7:00 pm at the Star City Hall on February 3, 2009. Mayor Nathan Mitchell called the meeting to order and all stood for the Pledge of Allegiance. Roll Call: Council persons Tammy McDaniel, Dustin Christopherson, Tom Erlebach and Chad Bell were all present. The Mayor introduced and welcomed Cliff Brown as the new City Attorney. Approval of the Agenda: Christopherson moved to approve the agenda, McDaniel seconded the motion. All aye: motion carried. Consent Agenda: The Consent Agenda consisted of: Claims Against the City for January 2009, Regular Meeting Minutes of January 6, 2009, Special Meeting Minutes of January 13, 2009 and the Parkstone Subdivision, Phase 4 Time Extension Request. McDaniel moved to approve the Consent Agenda, Bell seconded the motion. All aye: motion carried. Public Input: Public - Bill Sargent, 10287 State Street, Star, Idaho – Sargent stated that he was there to talk to the Council about the front four acres of twelve acres laying near State Street that are undeveloped. Sargent has a vision to see it developed into a walking park, central meeting point; a joint development with property owner and City. He sees it as an area that has grass, where he can grow grapes, they can hold music events or other small events and all would be free things. He would like to offer the City a partnership at little or no cost to the City. He would benefit from having a nice place and it would be next to his house. Sargent would like the Council to assign a committee to review this. It would be a good deal for the City. Bell stated that this is obviously something that we would be interested in. With regard to the long term relationship, Bell asked what Sargent’s vision was. Sargent stated that it could be a forty to sixty year agreement. The Mayor stated that the public access is not now deed to the City. The Mayor asked Sargent if he would be willing to enter into long range agreement with City. Sargent stated that he would, but there would need to be a plan. The Mayor stated that it was a valid request and appears to fit into the efforts of the Economic Development Committee. We have a group looking into paths and parks currently. Committee Reports - Economic Development Committee – Gary Smith, 258 Langer Lake Way, Star, Idaho gave an update on the EDC and handed out an informational sheet to the Mayor and Council. Smith reviewed the Gem State Application which is being finalized. The theme for the grant is connectivity plan. The EDC has broken into three sub-committees. They plan to attend the trade shows that are coming up. 1 Public Hearing: Patriot Pawn Conditional Use Permit – The Mayor reviewed the process of the public hearing. The Mayor asked Council if they had any conflicts of interest or had any ex parte contact, hearing none, the Mayor asked the applicant to speak. Alex Joye, 1977 N. Willow Glen Place, and Gordon Dunow, 1936 N. Will Glen Place, Star, Idaho. Joye stated that both he and Dunow are residents of Star and have either owned or operated businesses. Dunow has worked for large corporations and has had prior law enforcement and military experience. They are before the Council to apply for a conditional use permit for Patriot Pawn. It is a 1,250 sq. foot building, formerly the Curves space. They want to utilize the building for retail space as a retail pawn and gun store, short term cash loans, the selling of guns, fishing and hunting licenses, jewelry, electronics, power sports equipment and a variety of retail items. There will be no noise, no glare and no fumes entering or leaving the store. They feel they are compatible and similar to other stores like the tobacco store and past Pay Day loan store. They believe the effects proposed for the use will be minimal and it will be positive. Joye stated that all cities have pawn shops except for Eagle and Star, they would be the only pawn within a nine mile area and will have the same customers that come to other retail stores. They don’t expect patrons from farther out. With the impact of the economy, they could be a much needed lending place for people affected by debt. Pawn rates have lower rates than overdraft bank fees or title loans. A typical rate is about $15 for thirty days, much lower than other agencies. As owners they will oversee the store, they will run clean store and will maintain close connections with local police. This will provide income to two local families. They will be selling fishing and hunting licenses and believe there will be no negative impact. Some of their memberships will be with Pawn Brokers, FFL, State and other Federal agencies. Joye stated that he would like to address concerns of residents that sent in a letter. Joye stated that it is still America and they should be able to support their families. Regarding the issue of reputability, it is due to pawn owners; Beverly Hills has a pawn and gun shop that rivals everything. Regarding the exploitation of people – this offers a legal way to get cash. Everything is recorded regarding the paperwork, stolen goods received statistics are less than one half of one percent. Regarding longevity, they have a business model that is guaranteed to be successful; they both have small business experience. Joye stated that the Payday Loan store probably did not succeed due to poor management and overhead. Regarding the population, they will be the only pawn and gun store within a nine mile area; this is a large area not being served. Council – Christopherson asked what the hours of operation will be. Dunow stated that it would be Monday through Saturday, nine am to six pm. Christopherson asked if they are they running the store. Joye stated that they would and possibly a couple other employees – one of which was a police captain. McDaniel asked if they had software for tracking firearms. Joye stated that they will acquire it through the Firearms organization. Joye stated that there are so many procedures pawn shops are bound by. McDaniel asked about the power sports equipment. Joye stated that they may possibly sell dirt bikes. McDaniel asked if they would apply for dealer’s license. Joye stated that they would. Erlebach stated that if they are going to sell motorcycles, how that would not create any fumes. Joye stated they wouldn’t sell them on site; it would be at a different location. Joye stated that they just wanted to list everything up front and if it doesn’t meet the criteria they have other areas they can sell them. If given the boundaries, Joye stated that they will comply. Erlebach asked if they are regulated 2 by ATF, like Sportsman warehouse. Joye stated that they are. Erlebach stated that they may want to consider some hunter safety classes. The applicant stated that they would consider that. Christopherson asked about condition #4 - the condition for reporting every purchase of firearms and ammunition to Star Police Dept on a daily basis, where did this regulation come from. Joye stated that the City provided that condition. They will do whatever is required. The Mayor asked Shaw Taylor to explain condition #4. Shaw Taylor stated that she did have a conversation with law enforcement - Sergeant Ramage. He asked for some type of reporting option, but she doesn’t know if it has to be every day. The Mayor stated that this is already covered, as they are required to report all sales of firearms to the FBI. Staff – Shaw Taylor stated that there was one late exhibit from some local citizens and she would like to read it into record. The Mayor read the letter into record. Public - Alan King, 672 N. Devon Place, Star, stated that he lived here for three years. He was there to speak against the pawn and gun store. King stated that given proper time there will be several names voting against this. He stated that these people are honorable, but their potential clients are not honorable, they will be drug dealers, users going in and out all day long. The Council needs to keep in mind that in front of the complex is a bus stop with children loading and unloading, on Plummer Lane there is a bus stop and within 100 yards is a child care center. King believes this is off base for our sleepy community. King stated that the Council would be supplied with hundreds of signatures added to the twenty-two they have already received. King stated that the Council should proceed with caution and he is for the Council not approving assault rifles that can be sold. He believes the gentlemen have good intentions in making money, but they are not supporting the community. King would like to know how close they live to pawn and gun shop. King came from the Stockton, California area and the pawn shops are bad business. We have too much going for us to be a hub for this type of activity. Jim Wilkey, Jr., 1999 N. Willow Glen Place, Star, stated that he understands Mr. King, but he is basing his comments out of fear and they are not based on fact. Wilkey stated that Stockton is overrun by gang members and different factions of gangs. Gangs don’t exist here. Wilkey has known Dunow for a long time and he is a great guy, a go to man that he would trust with anything he has; and would say the same thing about Joye. Wilkey stated that they have done a lot of research, they have done their due diligence and it will work for this area. Wilkey stated that these guys wouldn’t deal with unscrupulous people. Their business will be upscale, they are both neat freaks and their yards are kept up. He loves Star and doesn’t plan to leave; he has a vested interest in this business as well. If he didn’t like the business, he would tell them. If it’s not working they will adjust and if it doesn’t work - it doesn’t work. They are good people. Regarding the comment on signatures - if we took more time, the numbers might drop. Rex Marsh, 10148 W. Broadford, Star, stated that he lives directly behind the center and has questions and concerns. Marsh stated that the pawn business has challenges that come with it. If you look in the valley, some stores do a good job some have things out on the sidewalks, he hopes this has been addressed. There are safety issues; we rely on the police to keep us safe. His questions are will they 3 belong to the FTL; will their license include class three weapons. Marsh has concerns, he believes the applicants are honest, but he will be watching. The Mayor stated that the Council can enforce conditions, so if the public has specific concerns, they should express them now. Marsh stated that he is concerned about stuff on the sidewalk and the category of weapons – especially assault weapons. Janet Pollock, 10299 Capella Drive, Star, stated that she was part of the public that composed the letter. She didn’t look at the public hearing sign until later and that’s why there was limited time to write letters. Pollock stated that there are owners and operators that are reputable pawn shops, there also seems to be stereo type with pawn shops. People driving through town will see it and it will have, negative connotations. She doesn’t have an issue with buying or selling guns, fishing licenses, but ask if they could do it and leave the pawn shop out. She likes consignment shops with no lending of money with interest; it brings in a different type of clientele. She spoke with the Middleton Pawn owner, he said the pawn brings in people that don’t have a lot of money and people with life issues, which he tries to work with. It is not the best part of his business. How necessary is the pawn part of this. Taking the pawn off the sign goes a long way. Michele Wilkey, 1999 Willow Glen Place, Star, stated that she has known Dunow for sixteen years, she’s worked with him, watched him raise his kids and followed him to Idaho. She has known Joye a shorter amount of time. They have to call it pawn and gun they are selling guns. They making it like an ebay business and or Craig’s list, where she can go buy an x-box cheaper than retail. It will be an upscale type of business; she wants to be able to go into the business with her son. Dunow and Joye won’t allow shady things or people to start hanging out there. Dunow and Joye care, they won’t sell it down the road to make a buck. Gary Smith,258 S. Langer Lake Way, Star, stated that he met with Dunow and Joye two weeks ago. They called him to discuss their business plan. He saw their business plan and it is an interesting business plan. Both owners have strong business backgrounds. Smith called his cousin in North Carolina regarding the business. He told Smith that there is a stereotype from Hollywood that comes along with the business. They need to make the shop well lit, make it modern and make it a retail place the other force will not want to be in. They have a good business model and the used gun market is where they will make their money. Applicant rebuttal – Joye and Dunow thanked the public for the input and civility. Joye stated that not everyone will agree on everything, they will consider all information. Joye stated that he came from California and didn’t have a good concept of pawn shops. In reference to that type of people; we don’t have them here. He wouldn’t want to own a liquor store or gun shop in Stockton. Middleton is a great example, people there are great people. There are people that will need money, rather than robbing the guy next door, they provide that service. They can’t fix all the ills of the world. They are seeking to accumulate items to re-sell to the community at a fair rate of return on a short term basis. They will run it in a responsible and clean matter. Joye stated that as an analogy – you can’t ban a store from selling food to fat people or alcohol to people that drink – it is a free country. They are open to input, they just want to support their family. 4 They have met with Sergeant Ramage and listened to his concerns; he felt comfortable with them. They want him to come to them to report any thefts and they would have enough information to track down the missing items. Mayor Mitchell asked about the class three firearms. Dunow stated that the FFL allows them to deal with Class Three weapons. Most of the time people won’t release them, they do have that capability. They won’t have anything out on the sidewalks and guns will be inside. There won’t be anything outside. The Mayor asked Attorney, Cliff Brown about class three firearms. Brown stated that he doesn’t know if the City can regulate class three firearms. The class three weapons have to be run through FBI database. Erlebach asked if there would be bars on the windows on inside or outside. Joye stated that they will have a product that is like invisible bars. When the glass is broken there is like a spider web in the glass. There maybe a cage on the front door so it covers, it is like a partition. They will have surveillance and connections with the police. The police will do a walk through for additional safety measures. Chief Ramage was comfortable and was positive about the store. Erlebach asked if there would be security cameras on the outside with regard to the concerns about certain types of people. Joye stated they would consider it. It will be lit up well at night. McDaniel asked about the neighborhood meeting. Only two people showed up at the meeting. The Mayor declared the public meeting closed and moved to deliberations. Christopherson thinks that a lot of concerns have been addressed and would like to add a few more conditions. One would be that all items for sale are kept within the store and not outside at any time; that there a walk-through be done with Chief Ramage before the store opens. Christopherson believes that the negative stereotype boils down to how the business is run; he would hate to tell someone they can’t run a business due to a stereotype. He thinks you can have that type of problem with any business. Christopherson stated that based on information and testimony he is in favor of the conditional use permit with the stated conditions of approval and added conditions. Bell stated that he can’t see a reason for condition number four regarding the daily report and we need to change the language. The Mayor stated that their license will require them to report it to the FTL and FBI and we don’t need a report on a daily basis. Bell stated that he doesn’t know how often to provide a report, but it is of no use or benefit on a daily basis. The Mayor stated that we will retain the ability to obtain reports on periodic basis and will leave it up to Chief Ramage. The Mayor stated that the condition should be that the City shall have access to inventory records of purchase and sale. McDaniel stated that she is from California and raised there and there were shady characters there. It was the Hayward and Oakland area; she believes the whole basis of where the shop is and how it is run is important. She believes this would be a good business for the Star area and believes the applicants are honorable are upstanding citizens and will take the utmost steps to make their business successful. She is in favor of approving the conditional use permit with additional conditions. Erlebach is in favor of it and appreciates comments on both sides. They have done their homework. 5 The Mayor has the same concerns about unsavory characters, but we don’t see those kinds of people here. He would like to see this business form a partnership with our Police department. We don’t have the unsavory characters because we catch them as soon as they come to Star. They are identified immediately within any of our businesses. He has experienced those concerns and we need to be progressively addressing those type of people. We have identified things early and those people pack up and leave the area. Nuisances, zoning, noise ordinances address other issues. Another condition would be no on-site sales of ATV’s or motorcycles. The Mayor does not have a problem having the on-site business of selling there, just not the storage. The Mayor stated that any off-site for selling in Star will have to comply with our Zoning Ordinance. McDaniel stated that they should check with ITD and dealer services, as there are conditions as to where the sale of the merchandize can happen. Erlebach asked if they would sell boats, RV’s, trailers. The Mayor stated there would be no vehicle sales. Christopherson stated that that could be covered by the condition of not having any items outside for sale. The Mayor stated that the running of motorized vehicles is not a good thing in neighborhoods. The applicant can find a place on Hwy 44 if they choose to do it. Joye stated that they will honor the conditions and can direct people to another place. The Mayor stated that there is a condition that specifically states that they must meet all conditions of other agencies. McDaniel moved to approve the Conditional Use Permit, File #CU 09-02 for Patriot Pawn and Gun with the recommend conditions one through seven; changing condition four to: all merchandise must be kept inside the store; #6 - the City shall have access to inventory logs of firearms and ammunition; # 7 – no on-site sales of vehicles excepting bicycles; and #8 – Chief Ramage will do a walk through prior to the opening of the business, Bell seconded the motion. All aye: motion carried. Old/New Business: Roseland Park Development Agreement – The Mayor stated that the applicant has asked to be moved to March 17, 2009. Christopherson moved to table the agreement to March 17, 2009, Erlebach seconded the motion. All aye: motion carried. Contract for Legal Services – Christopherson moved to approve the Legal Services Contract with Cliff Brown and have the Mayor sign the contract, McDaniel seconded the motion. The Mayor stated that he appreciated Brown for his timely response and better information on the Lakeshore project than we’ve received before. All aye: motion carried. Reports: 6 Staff – Shaw Taylor stated that she has been working with Keller to produce a flood map for the web site. The Boise Trails coalition will be meeting at the end of the month. She thanked Gary Smith for all his hard work. Council – Christopherson asked about changing the Council retreat dates. Mayor – The Mayor stated that we can move the Retreat to March 19/20/21 as the other dates are not available. Council was asked to let Ward know if they could make the change. The Mayor stated that he has authorized Gates to abate Lakeshore. We sent Phil McCune to request the Blazers let him graze some cattle on the weed area and the Blazers stated they will have someone put it in corn again this year. We will mow the weeds again, it’s about a sixty acre parcel and will cost about $6,000 total. We can file a special assessment that takes a senior lien over any other. Blazers were cited criminally and the Mayor has talked to the DA. They thanked the City for the great paperwork. The DA will have it in February and will ask for restitution. The Mayor stated that the speed limit signs have been moved. We have received one complaint, they wrote they would never shop in Star again. McDaniel asked if they deliberately moved the signs and made them perpendicular. The Mayor stated that Ramage is still discussing options on the signs. The Mayor thanked Gary Smith publicly for all his work. He thanked Ray Stokes for his work on the River Walk. The Mayor stated that it is encouraging to have constituents donating time and effort to make the City a better place. Adjournment: Christopherson moved to adjourn the meeting, Erlebach seconded the motion. All aye: motion carried. The meeting was adjourned at 9:00 pm. Respectfully submitted Approved: ________________________ ___________________________ Cathy Ward, City Clerk Nathan Mitchell, Mayor 7