City Council Regular Meeting

STAR CITY COUNCIL MEETING MINUTES May 1, 2012 The regular meeting of the Star City Council was held on May 1, 2012 at the Star City Hall, Star, Idaho. Mayor Nathan Mitchell called the meeting to order at 7:00 pm and all stood for the Pledge of Allegiance. Roll Call: Council persons Tom Erlebach, Gary Smith, Tammy McDaniel and Chad Bell were all present. Approval of the Agenda: Bell 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 April 2012, Regular Meeting Minutes of April 2012, West Valley Agreement, Liquor/Beer/Wine Permit Renewals for: El Mariachi Loco, Sulleys’s Pub & Grill, Helina Marie’s, Sam’s Saloon, Star Merc, and Star Country Café, Bell seconded the motion. Smith made a substitute motion to approve the consent agenda, removing the West Valley Agreement. Moving the West Valley Agreement to item #7 – West Valley Agreement; Reports to item #8 and Adjournment to item #9, Bell seconded the substitute motion. All aye: motion carried. Presentations/Public Input: Law Enforcement Report – Chief Laraway: The Chief stated that the Idaho State Police have done compliance checks in Star on alcohol establishments. They were checking for establishments not checking ID’s, serving underage minors, etc. All four establishments in Star passed. Chief Laraway reviewed the March and April Police Reports. Web Page Update – Dustin Christopherson, 675 Aspen Lakes Way, Star, Idaho, showed the Council the web page work he’s done and what he has updated. Public Input: Donna and Paul Meredith, 10608 W. Stonecrop, Star, Idaho, asked what is happening with the street that goes from Heron River to Main Street. The Mayor stated that the road will be developed when Heron River subdivision develops that phase. Public Hearing: The Mayor explained the public hearing procedures. The Mayor declared the public meeting open and ask the Council if they had any ex parte contact or conflicts of interest. Hearing none the Mayor asked the applicant to speak. TNT Fireworks – Conditional Use Permit –Wade White, TNT Fireworks, explained that he wants to locate a fireworks stand on a temporary site for selling fireworks. White asked that the conditional use time frame be waived on the permit and the extension be for five years. The stand will be located at Star Auto Parts. Bell asked about the Unified Development Code requirement regarding the time extension. Smith asked what happens when the applicant has 1 only a one year lease on the property if an extension is granted. The Mayor stated the Conditional Use goes to the property, not the applicant. Erlebach asked if the City would be giving up something. The Mayor stated that we are giving up the fees. The applicant will be required to purchase a vendor’s permit every year. Staff – Ward stated that two agency letters were received. One from Central District Health and one from Ada County Highway District. Public Input – Denice Vandoren, 11071 W. Frost Street, Star, Idaho, stated that there would be a lot of fireworks stands in Star. She asked the time frame of the stand on the corner of Star Road and State Street. The Mayor stated that it was unlimited. The Mayor closed the public hearing and Council began deliberations. Bell does not have a problem with the business. He does have a problem with the time frame of five years; he is okay with two years with a one year extension. Everything is in order and he is in favor of approving it, but not for five years. Bell moved to approve the Conditional Use Permit for TNT Fireworks with conditions as written and timeframe to be twenty four months and a one year extension, Erlebach seconded the motion. All aye: motion carried. Outlet Fireworks – Conditional Use Permit – The Mayor declared the public hearing open and asked Council if they had any ex parte contact or conflicts of interest. Hearing none the Mayor asked the applicant to speak. Scott Thompson, Outlet Fireworks, 3205 Hamilton Street, Boise, Idaho, stated he has applied for a conditional use permit to operate a fireworks operation. He will be located on the property next to City Hall; he will not be using the entire area. The tent he will be using is a 40’ x 20’ tent. He has held a neighborhood meeting and only his competition showed up. In regards to the comment about to many fireworks stands; he doesn’t know the criteria for each city, but there are a ton in Boise. Middleton has a limit of five. He is also asking for an open end contract, because it’s hard to find a place to locate. He did a lot of leg work and it was expensive. He suggested that maybe we could go through three years and then if nothing has changed maybe it could be extended. McDaniel stated that this is only for selling fireworks. Smith stated that this stand is located next to City Hall, we have a lot of people coming in and out. The Mayor stated that Star Auto Parts has a lot of people coming in and out, we are not a protected place. The Mayor stated the stands will be inspected by the Fire Department. McDaniel stated they are not lighting fireworks there. Smith stated that there have been fires. Erlebach asked if he was selling fireworks at Christmas time. Thompson stated that he did not know, but would like too. The Mayor stated that they could with an approved Conditional Use Permit. Gretchen Cowden, 10731 W. Stonecrop, Star, Idaho, asked what the hours would be. Thompson stated they are up and down; the first few days are early, ten am to seven or eight pm, and then some nights will be until midnight. The Mayor stated that per code, noise would not be allowed between 10 pm and 7 am. 2 Donna Meredith, 10608 Stonecrop, Star, Idaho, stated that she is concerned about the fireworks stand (Fat City) and its proximity to the new Maverik. What if there is arson at Fat City and the fire could go to Maverick. The Mayor explained that the Fire Marshall has setbacks for fireworks stands from different businesses; if they meet them, then that is doing what we can practically do. If someone wants to set everything off, they will. Mr. Thompson stated that they don’t have a lot of incidents happening. The Mayor stated that we cannot condition this application because of any other applications. The Mayor discussed the requirements of applications. Dustin Christopherson, 675 N. Aspen Lakes Way, Star, Idaho, stated that he likes fireworks and he likes competition and felt the Council should not regulate competition. As far as the property next door being a special issue, he doesn’t see that and he recommends approval of the application. Rebuttal – Thompson stated that he understands the comments and feelings; it’s kind of a catch 22. We do obey the laws and we get good people to run our operations. The Mayor closed the public hearing and Council moved to deliberations. Elrebach stated that we should put the same conditions as the other application on this one. Erlebach moved to approve the Conditional Use Permit for Outlet Fireworks, to include the conditions of approval and for the permit timeframe to be two years with a one year extension, Bell seconded the motion. All aye: motion carried. West Valley Agreement – The Mayor explained the agreement was for the return of bonding of money. Smith stated the agreement in front of us is blank as far as names. The Mayor stated that the name has been formally sent into the Secretary of State. Smith wants to know who will guarantee the money. Cliff stated that it will come from the bank. The Mayor stated they could issue a letter of credit from West Valley or one from an individual. The bank is the one on the line for the $15,000. Smith asked if West Valley will be incorporated. Smith cannot find RinkSports in California. He wants more substance on these people, because he can’t find any information on the company. The Mayor stated that we will wait until we get the information and bring it back to the Council. Reports: Council – Erlebach stated that he attended the Mayor’s Award to Youth program at BSU. Erlebach stated that these are kids that have overcome hard times and are moving forward. Nadia Earhart at Galileo from Star was our student from Star. Erlebach stated that we went and retrieved the ice rink boards and they have been moved to storage. Smith stated that he attended the Boise Valley Economic Development meeting. The Collier Report is saying the inventory of available lots is disappearing, there is becoming a shortage. Central Valley will have shovel ground breaking. Smith will copy the Chief on the event. It will be May 24 at 2:16 pm. ESTech is holding a candidates forum. The River Walk is cleaned up. 3 The Mayor stated a new mower was purchased; it was budgeted for last year. Trees are still leaning in Hunter’s Creek. The Mayor stated the walk through was stopped due to many issues. The trees are warranty issues. They are working on sprinklers. By the end of May we will have full acceptance. Smith asked if there were any concerns about low spots and flooding. The Mayor is not concerned. The Mayor discussed the river and rising water. The two inches of rain has caused quite a problem with different agencies. Water levels were at 7300 cfs today. They were at 8500 cfs in 2006 when Eagle flooded. McDaniel stated that she was interviewed by two Star Elementary students. Then on Thursday night she participated in the Lions Club patriotism contest. McDaniel got to present the awards. McDaniel visited with Chief Courtney regarding the flooding. They had 60 plus calls and most were medical. They are gearing up for wild land fires. McDaniel will be in Salmon the first week of June and won’t be at that meeting. Chief Courtney and McDaniel will meet prior to council meetings for all updates. Bell stated that he has three more boy scouts looking for projects. Bell asked about handicap access to the stage. The Mayor will ask the building inspector if it is required. Bell was interviewed by third graders. The Mayor stated the Hometown Celebration meeting will be held this week or next. The Golf Tournament is the 18th at River Birch; the scholarship dinner is the night before. The Highway 16 ground breaking will be May 26. The Mayor attended the Boise Metro Chamber Leadership Conference in Sun Valley; most of the discussion was surrounding power and the different forms that are coming into Idaho Power. There are trip counters out, they are for Linder and Hwy 44. Adjournment: Bell moved to adjourn the meeting, Erlebach seconded the motion. All aye: motion carried. The meeting was adjourned at 9:50 pm. Approved: ______________________________ Nathan Mitchell, Mayor Respectfully submitted: __________________________ Cathy Ward, City Clerk 4