City Council Regular Meeting

Star City Council Meeting Minutes April 21, 2009 Pre-Council Meeting – 6:00 pm Council Workshop had been cancelled and rescheduled for May 5, 2009, at 6:00 pm. Regular Council Meeting: A regular meeting of the Star City Council was held on April 21, 2009 at Star City Hall 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, Tom Erlebach, and Chad Bell were present. Councilman Dustin Christopherson was absent. Approval of Agenda: Bell moved to approve the agenda, Erlebach seconded the motion. All ayes: motion carried. Consent Agenda: McDaniel moved to approve the Consent Agenda, Bell seconded the motion. The Consent Agenda consisted of: Approval of April 7, 2009 Regular Meeting Minutes; Findings of Fact & Conclusions of Law – Cable One Conditional Use Permit; Gem Grant Approval; and Beer/Wine License Renewal - El Mariachi Loco Restaurant. All ayes: motion carried. Public Input Presentations: Star Police Report: Chief Ramage reviewed the monthly report and noted police calls for the first quarter was down five percent from last year. Citations were about the same and there had been no accidents in Star in the last two months. He noted the second most common calls pertained to dogs. Mayor Mitchell explained that they are talking with Eagle and Garden City, and possibly looking at a full time position for animal control and using the Garden City facility. Committee Reports: Mayor Mitchell gave an update for the Economic Development Committee, informing everyone that the grant application for the viticulture centers in Eagle and Star had been awarded $300,000.00 to go toward infrastructure. The grant application for the River Walk, submitted to the Idaho Women’s Council, was one of two and looking good. The State had contacted the Mayor regarding the Idaho Gem Community Grant and its status for submittal. He explained the approval for the grant was on this agenda. 1 Public Input: Cal Joski, 1421 N. Meadowhills Avenue, Star, stated he wished to thank the City Planner for her help in getting the lot next to them cleaned up. He also wanted to bring to their attention that last Saturday they had issues in their neighborhood and when they called the Sheriff’s Department around 12:30 am they were told the officers were too busy to come at that time. The officers finally responded at 2:45 am. The Mayor stated he would follow up on Joski’s concern regarding the response time. Public Hearings: Coehlo/Cunningham Comprehensive Plan Amendment/Rezone: Mayor Mitchell explained this public hearing was continued from a previous date regarding a Comprehensive Plan Amendment and Rezone and coming back with a development agreement addressing concerns with possible uses. The Mayor declared the public hearing for File CPA-RZ 09-01 for Coehlo/Cunningham Comprehensive Plan Amendment and Rezone open, and asked the Council if they had any conflicts of interest or ex parte contact, hearing none the Mayor asked the applicant to speak. Applicant – Larry Coehlo, 1800 W. Wood Gulch, Eagle, stated there had been concerns with the possible uses allowed within the multiple use zoning. He had worked with the City Planner, Mary Shaw Taylor, and they had worked up the list of possible uses to be allowed on this property, which were in the document before the Council. Shaw Taylor explained that laboratories had been on the list of approved uses and they had deleted it from this list as there was no definition for laboratories and they didn’t feel it fit this piece of property. Mayor Mitchell noted that residential was not a permitted use on this list. Coehlo stated they had felt it was not an appropriate use for the property. Mayor Mitchell read the list of proposed uses for the public’s information. Coehlo stated he wished to make note for the record of the expeditious manner of dealing with the City Planner and the Council. It had been a pleasure working with them on this application. Mayor Mitchell asked for public input. No one from the public offered testimony. Mayor Mitchell declared the public hearing closed and moved to deliberations. Bell stated he felt this was a good application. Bell moved to approve the Comprehensive Plan Amendment Rezone File CPA-RZ 09-01 with the attached development agreement, zoning the property multiple use from R-4, Erlebach seconded the motion. All ayes: motion carried. 2 Old/New Business: Star Chamber of Commerce Funding Request: Mayor Mitchell explained the Star Chamber of Commerce requested $1,400.00 to cover the cost of security and porta potties for Mule Days. Bell asked what they had given the Chamber in previous years. The Mayor stated two years ago the Chamber received $12,000.00 and last year they operated in the red because several sponsors did not come through with funds. Bell stated he had no problem with the request and felt it was appropriate for the City to take care of the security and sanitation. McDaniel stated she was in agreement and felt this was a reasonable request. Bell moved to approve the expenditure of $1,400.00 for Mules Days for security and sanitation services, McDaniel seconded the motion. All ayes: motion carried. Roseland Park Development Agreement (continued): Bell questioned Peterson Development asking to be rescheduled to May 19th and was concerned they would be asking for another continuance on the 19th. Mayor Mitchell stated they could force the issue and require them to be present on the 19th or have them withdraw the application. He noted their letter has valid issues for requesting a postponement. Bell asked for clarification as to why they were requesting a date specific. The Mayor explained it was to avoid having to republish the public hearing notice and having to post the property. Bell stated he did not mind postponing the hearing one more time to a date specific, but would not consider it again. The City Planner noted Peterson Development had fixed the fence that had fallen down. McDaniel moved to continue the public hearing for the Roseland Subdivision Amended Development Agreement to May 19, 2009 at 7:00 p.m. at City Hall with the understanding there would be no more continuations, Bell seconded the motion. All ayes: motion carried. Ordinances & Resolutions: Resolution 2009-03 Surplus Property: Mayor Mitchell explained this Resolution was to declare some items surplus. It included the iron for the proposed horse arena which they will try and sale. McDaniel moved to approve Resolution 2009-03 Surplus Property, a Resolution of the City Council of the City of Star, Idaho relating to surplus personal property; declaring certain personal property of the City to be surplus; authorizing and directing the disposal of the surplus property; providing for related matters; and providing an effective date, Bell seconded the motion. Erlebach asked if they would be getting estimates of bids, and if it would be sold for scrap if that would be the highest bid. The Mayor explained they 3 would have to post the items up for sale, and as noted in the resolution, would sale them to the highest bidder. It could be to a scrap yard if that is the highest bid. All ayes: motion carried. Ordinance No. 198 Amend Animal Control – Leash Control: Mayor Mitchell explained this Ordinance was taking out vocal command and requiring dogs to be on a lease when out in the public or they can be cited. 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. 198 be considered after reading once by title only, Bell seconded the motion. Roll Call: McDaniel, Erlebach and Bell – all ayes: motion carried. Bell moved to approve Ordinance No. 198, an Ordinance of the City of Star, Idaho, amending Ordinance No. 114 Animal Control, Section – 1 Definitions; Section 8 – Running At Large Prohibited; and providing for an effective date, McDaniel seconded the motion. Roll Call: McDaniel, Erlebach and Bell – all ayes: motion carried. Reports: Council – Erlebach noted he was glad to see the City parks being mowed. This past week he had fixed a swing at the park and the park fence. He was in the process of removing some graffiti carved into the inside of the slide. Mayor – Mayor Mitchell noted he had met with the cities of Garden City and Eagle to discuss animal control services. Bell asked if a maintenance person had been hired. Mayor Mitchell explained he had Kathy Olson currently doing the lawn maintenance and had asked her to keep track of her hours. Taylor asked when they would finish covering the culvert in front of City Hall. The Mayor stated they were having trouble getting more brick; it would be covered when they got more brick. McDaniel asked if there would be a possibility of having panic buttons installed in the offices. Mayor Mitchell stated he would check into it. Adjournment: Bell moved to adjourn the meeting, Erlebach seconded the motion. The meeting adjourned at 7:45 pm. Approved: Respectfully submitted: ________________________ Nathan Mitchell, Mayor __________________________ Kathleen Hutton, Deputy Clerk 4