City Council Regular Meeting

Star City Council Meeting Minutes April 7, 2009 Pre-Council Meeting – 6:00 pm A. Council Workshop – Central Business District The following items were discussed: Buildings set back with planters/planter space in front of the buildings. Sunset clauses – five year timeframes were discussed. Drainage and Irrigation – big issue Possible joint agreement for irrigation with Star Sewer and Water District License agreement with ITD for using their easement Planter boxes being watered by storm water/zero scape landscaping Two story building in CBD – residential on top/businesses on bottom Alley parking Conditional Use Permits for all CBD applicants The need for basic standards Setting minimum and maximum standards Parking – joint agreements or possible open lots for parking The next workshop meeting will be on April 21st, at 6:00 pm. Regular Council Meeting The regular meeting of the Star City Council was held on April 7th, 2009 at 7:00 pm at the Star City Hall. Council President Chad Bell 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. Mayor Nathan Mitchell was absent. Approval of the Agenda: Christopherson moved to approve the agenda, McDaniel seconded the motion. All aye: motion carried. Consent Agenda: McDaniel moved to approve the Consent Agenda consisting of: Claims Against the City for March 2009, Regular Meeting Minutes of March 17, 2009, Special Meeting Minutes of March 12, 2009, Time Extension Request for Hunter’s Creek Subdivision, Beer & Wine License Renewals for Helena Marie’s, Smoking Vine and Chapala’s Restaurant, and Alcohol/Beer/Wine License Renewal for Sam’s Saloon, Christopherson seconded the motion. All aye: motion carried. 1 Presentations/Public Input: Star Chamber of Commerce – Tina Jackson, Chamber President handed out information on Mule Days. The annual event has been shortened from three days to two. The Chamber has received a lot of responses from businesses interested in Mule Days. Advertising is in place with Fox 12 and Citidel and the Star newspaper. Moon Valley Landscaping is sponsoring the lawnmower drag races and there will be alot of entertainment on Saturday. Jackson stated that the Chamber is requesting an extension to the noise ordinance hours and asking for the City to sponsor security and porta potties. Chief Ramage has volunteered his help on Friday night. Erlebach asked how much of a donation they were requesting. Security will run $900 and an additional $500 for porta potties; a total of $1,400 – total five officers for parade and two for Saturday night. The Chamber request will be placed on the next agenda. Committee Reports – Beautification Committee – Betty Smith, 258 S. Langer Lake Way, stated that she was reporting on downtown revitalization. She was meeting regarding the Central Business District and met with Mary Taylor. Smith would like to clean up downtown and have the city pay for garbage bags and pay for a hotdog feed. The next item is City Flags, Smith would like to hold a contest for a Star flag design and then put these flags up when the Lions Club flags are not up. Cost to the City will be about $1,000 or $2,000. They want to impact the city as much as possible prior to Mule Days. Next on the list is plantings or planters along State Street; ITD will require a license to plant in their easement area. She would like to get city approval to apply for this. Smith stated that they are on the Sewer and Water Districts agenda next week to discuss water. They will need to go out to bid and work with the committee on where the water is located. Smith wants a letter sent to the property owner (Marony) to have the concrete pile moved before Mule Days. Smith wants the Council to consider the purchase of property next to City Hall. It will make an excellent park and has an artesian well on the property for a water feature. Christopherson stated that there is a Spring Clean Up already set up by Allied Waste. Erlebach asked about the planters along the State Highway, do they want to excavate dirt or add barrels? Smith stated that they wanted to excavate dirt. Bell stated that the City will need to talk with the Sewer and Water District about irrigation. Bell asked Smith when she gets the cost on the flags is she looking for the City to pay for them. Smith stated that she was. Ray Stokes, 10166 Arrowleaf Court, Star, stated the property next to city hall is two years in default of their property taxes. That would be an ideal place for a park. 2 Richard Tinsley, 10459 W. Achillea Street, Star, stated that he would like the Council to seriously think about two pieces of property – the one next to city hall and the parcels next to the river. The one next to the city hall would provide additional parking and the property has no way onto the main road, ITD has said no access and the homeowners association has said no to access through the subdivision. Gary Smith, 258 S. Langer Lake Way, Star, stated that he and his wife volunteered at Mule Days to take money and having a police car parked by the gate was a great help as far as the safety aspect. Bruce Mills, Ada County Highway District, stated that the crossing signal at Main and State is being installed. An Idaho Transportation Department permit was required before work could begin. Public Hearings: Cable One Conditional Use Permit – Council President Bell reviewed the process for the public hearing. Bell asked the Council if they had any conflicts of interest or ex parte contact, hearing none, the public hearing was opened. The applicant was asked to speak. Applicant - Brian Wilkinson, 1173 E. Winding Creek Drive, Eagle, stated that the building will be put on a lot within the Pinewood Lakes RV storage area. The building will be for Cable One for fiber optics communications. Jay Presher is a representative of Cable One and is present for any questions. Christopherson asked if the building was a temporary structure. Wilkinson stated that it was a permanent building and an easement has been granted from the Pinewood HOA to Cable One. Christopherson asked if the land is purchased by Cable One. Wilkinson stated that it was not, it is an easement. McDaniel asked about noise issues. Wilkinson stated that there will be a natural gas generator inside for backup and will turn on for period testing or when the power goes down, but the noise level is that of a lawnmower. Staff – Mary Shaw Taylor stated that the Star Sewer and Water District had given a verbal comment that they do not see any problems with this application. No testimony from the public was given. Bell closed the public hearing and moved to deliberations. Christopherson stated that the application seemed pretty straightforward and a benign application. He has no problem with the application as it stands. Christopherson moved to approve CU Permit #09-03 for Cable One with the three stated conditions of approval, McDaniel seconded the motion. Erlebach asked if we are approving the condition on the property and not a zone change. Shaw Taylor stated that there was not zone change. All aye: motion carried. 3 Ordinance No. 196 Idaho Power Franchise Agreement – The City Clerk, Cathy Ward, explained that there was a specific process for approving franchise agreements and this public hearing would be to make any changes, but could only be read by title only and not finally approved. Council President Bell declared the public hearing open. No public testimony was given. Christopherson asked about the readings. Ward stated that it could be approved at the second reading. McDaniel read Ordinance No. 196 by title only. An Ordinance in accordance with Idaho Code 50-238, 50-239 and 50-329A granting a franchise to Idaho Power Company, a corporation, and to its successors and assigns, to construct, maintain and operate in and upon the present and future streets, highways and other public places within the corporate limits of the City of Star, Idaho, electric utility property and facilities for supplying electricity and electric service to the City, the inhabitants thereof, and others for a term of 35 years, including the nonexclusive right to physically locate and maintain telephone, cable, fiber optics or other communications facilities; setting forth an agreement not to compete, reserving power of eminent domain; providing for the payment of franchise fees; and specifying other limitations, terms and conditions governing the exercise of said franchise. Bell closed the public hearing. Ordinances & Resolutions: Resolution 2009-02 ESTech Corridor Support – Christopherson moved to approve Resolution 2009-02 ESTech Corridor a Resolution of the City of Star recognizing and supporting the establishment and goals of the “Eagle Star Technology (ESTech) corridor; and providing a severability clause; and providing an effective date, McDaniel seconded the motion. All aye: motion carried. Ordinance No. 197 Amendment to Animal Control Ordinance – 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. 197 be considered after reading once by title only, Christopherson seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell – all aye: motion carried. McDaniel moved to approve Ordinance No. 197, an Ordinance of the City of Star, Idaho, amending Ordinance No. 114, the Animal Control Ordinance; providing time limitations in which to pay citations; providing for penalties if citations are not paid; and providing for an effective date, Christopherson seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell – all aye: motion carried. Reports: 4 Staff – Legal Counsel, Cliff Brown, stated that the attorney for the Al Hall/Kuenzli’s has drafted up an agreement for the property and Brown will be reviewing it with the Mayor. He believes the problem will be resolved. Ward stated that she and Brown had certified letters to the Blazers regarding the cleanup of Lakeshore. Council - No Council reports were given. Council President - Bell stated that he was approached by a citizen regarding the $18,000 that the City had spent on the Council retreat. Council assured everyone that in no way did they spend $18,000, it was closer to $1,200. Councilwomen McDaniel stated that she would be on vacation from May 8 to the 25. Adjournment: Christopherson moved to adjourn the meeting, Erlebach seconded the motion. The meeting was adjourned at 8:00 pm. Respectfully submitted: Approved: _______________________ ___________________________ Cathy Ward, City Clerk Chad Bell, Council President 5