City Council Regular Meeting

City of Star Council Meeting Minutes April 7, 2015 The regular meeting of the Star City Council was held on April 7, 2015 at the Star City Hall, 10769 W. State Street, 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 Tammy McDaniel, Richard Lockett, Tom Erlebach and Chad Bell were all present. Approval of the Agenda: Bell moved to amend the Agenda and add 6C Agreement for Technology Services, 6D Ordinance Regulation for Fireworks, 6E Dave Allen pay request #5, 7 Executive Session per 67-2345(1)(b) Personnel, change Reports to 8, and Adjournment to 9, McDaniel seconded the motion. All aye: motion carried. Consent Agenda: McDaniel moved to approve the Consent Agenda consisting of: Regular Meeting Minutes of March 17, 2015, Claims Against the City for March 2015, Liquor License approval for: Maverik, Helena Marie’s, Star Merc, Star Café, and Sam’s Saloon, Lockett seconded the motion. All aye: motion carried. Public Input: Jack Givens, 9945 W. Wildbranch Drive, Star, Idaho, asked if the excavation at Heron River Subdivision (Parkstone Subdivision) was done, and wondered what the timeline was for developing the park in Heron River Subdivision and if there were plans to expand the River Walk. Mayor Mitchell explained they were done excavating the first lake and are now working on the second. The City is expecting a park plan for the park area from The Land Trust in the next 30 days for Council approval. Council should see some agreements regarding the park in the next two to three months and a transfer of deed by the end of the year. Currently there are no plans to extend the River Walk beyond the City’s boundarys. The Mayor noted that per the master plan most of the area will be undeveloped, left in its natural state. Givens stated that according to plats he had seen it looked like there would be some serious development with manicured lawns. Mayor Mitchell stated they would have some developed area but most will be left natural. The Mayor stated they would be happy to let Mr. Givens know when the plan for the park area would be on an agenda. Ulysses Mori, 10073 W. Preserve, Star, Idaho, asked if there would be any new roads connecting the Heron River Subdivision to Star Road. Mayor Mitchell explained there is a connection at Delphinium and a connection by the LDS Church to Main Street, but no connection to Star Road. There is also a plan to put a signal light at State and Plummer Road. 1 Old/New Business: Public Hearing (continued) Ordinance No. 246 Unified Development Code Amendments – The Mayor explained this public hearing was being continued from the last Council Meeting because the Council had requested some changes to Ordinance No. 246. The changes reflected from the discussion basically simplify the mural conditions and state all murals must be approved by the Council. The Mayor reviewed the ten conditions that must be met before a mural would be allowed. Public Testimony: David Hersey, questioned how they defined “any court of competent jurisdiction”. The City Attorney, Cliff Brown, explained this was common language and referred to District and Magistrate Courts. Richard Tinsley, 10459 W. Achillea Street, Star, Idaho, asked if there was any stipulation to having a mural repaired if it falls into disrepair. Mayor Mitchell stated that item 1 states they will keep mural in good repair for two years. Brown stated if it is in disrepair or tagged, then the mural would be in violation of code. Item 9 states the mural must be relevant to Star, and if it is tagged and no longer relevant it would be in violation. Mayor Mitchell noted there is nothing to force the issue after two years. Brown stated they could put in “original condition for two years and maintained thereafter”. Ulysses Mori, 10073 W. Preserve, Star, Idaho asked if they meant if they don’t renew then they must remove – what if they don’t renew for approval. He wondered how the City will deal with code enforcement. Brown stated he would prefer they only bring to issue if mural is in violation. Could use wording “maintained in good or original condition”. Mitchell stated that if tagged or in bad condition, then the City has an avenue to require it be repaired or removed; or the City will do it and charge the business for the cost. Mayor Mitchell pointed out that in Section 8-5-3-12 they are asking Churches holding activities outside normal church events to notify the City so they can let emergency sevices know when the events are. There will be no fee associated with the permit. Mayor Mitchell declared the public hearing closed. McDaniel moved that pursuant to Idaho Code, Section 50-502, 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. 246 be considered after reading once by title only, Erlebach seconded the motion. Roll Call: Bell, Erlebach, Lockett, and McDaniel – all aye: motion carried. Bell moved to approve Ordinance No. 246, with one addition, adding to Section 7 number 1. “and be maintained thereafter to its original quality”; an Ordinance of the City of Star, Idaho amending the Unified Development Code, Ordinance No. 215, adding “detailed information” to Section 8-1 A-6; adding Section 8-1 B-7 Lot Splits; adding a Church Activity Permit to Section 8-5-3-12; adding Section 8-6 C-4 Developer’s Responsibilities; adding Section 8-8 A-5 Mural definition; removing the words “Mural, Paintings and Commercial Logo” from Section 8-8 A- 2 10; and adding Section 8-8 A-11 D. Murals; providing for severability; repealing conflicting Ordinances; providing for publication and providing for an effective date, Erlebach seconded the motion. Roll Call: Bell, Erlebach, Lockett and McDaniel – all aye: motion carried. Resolution 2015-05 Concession Stand Use Regulations – Mayor Mitchell explained the changes the Council requested had been made and the Resolution was now before them for approval. He noted Section 4 D. was changed to Idaho Sellers Permit, in Section 5 D. (3) parking changed to the southeast section of parking lot, in Section 5 C. (1) “use of portable generators not permitted” was removed and portable generators will be allowed, and fees in Section 8 are the same. The Mayor noted the deposit for a concession facility key and cleaning deposit are refundable fees. McDaniel moved to approve Resolution 2015-03, a Resolution of the City of Star, Idaho adopting rules for use of the concession facility, concession stands and mobile concessionaires in specific city parks; providing for regulations; providing for fees; and providing for an effective date, Lockett seconded the motion. All aye: motion carried. Agreement for Technology Services – The Mayor explained the agreement was to hire Shawn Trent and Christopher Munoz to create a database program for the City. The contract services will be done in five phases. Lockett noted that on the agreement, Section 5 was missing, and wondered if the sections should be renumbered. It was decided the sections needed to be renumbered. McDaniel asked if the eight hours of dedicated support was for eight hours per month or for only eight hours total. Also, how will it be maintained in the future, especially if they choose not to maintain. Mayor Mitchell explained that once the contract was complete, they could ask them to do more or could find someone else. At this time the eight hours is only for eight hours, not eight hours monthly. Bell stated that for this amount of money this was what we would get. McDaniel pointed out there was nothing renewable in the contact. Jack Givens noted the Council may want to split the contract into time and materials. Richard Tinsley asked what would be done about file backup or restoration of files if needed. Mayor Mitchell explained they are working with a contractor who is already on contract to do maintenance for the City. McDaniel asked what would happen after the eight hours were used up. The Mayor stated it would be folded into Shawn Trent’s regular maintenance for the city. Bell moved to approve the Agreement for Technology Services as presented, McDaniel seconded the motion. All aye: motion carried. Ordinance Regulation for Fireworks – Mayor Mitchell read the proposed Ordinance and stated if they would like to approve the Ordinance tonight it would be Ordinance Number 247. 3 McDaniel moved that pursuant to Idaho Code, Section 50-502, 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. 247 be considered after reading once by title only, Lockett seconded the motion. Roll Call: Bell, Erlebach, Lockett, and McDaniel – all aye: motion carried. Erlebach moved to approve Ordinance No. 247, an Ordinance of the City of Star, Idaho, declaring the discharge of fireworks on city property to be unlawful except for permitted public displays; providing for penalties; and providing an effective date, Lockett seconded the motion. All aye: motion carried. Dave Allen Pay Request #5 – Mayor Mitchell explained this pay request had been received into City Hall late. Erlebach asked how long the City held the retainage amount. The Mayor explained it would be held until all construction is complete. Bell moved to approve payment to Dave Allen Construction for Pay Request #5 in the amount of $29,084.14, McDaniel seconded the motion. All aye: motion carried. Bell moved to go into Executive Session per 67-2345(1)(b) Personnel, Lockett seconded the motion. Roll Call: Bell, Erlebach, Lockett, and McDaniel – all aye: motion carried. The Executive Session concluded and the regular meeting was reconvened by Mayor Mitchell. Reports: Mayor – Mayor Mitchell informed the Council he had been researching pickups and has several estimates. He noted he would prefer they purchase a new pickup and is a proponent of two- wheel drive. He presented a proposal for a Ford with 25,000 miles for $18,000 and a new Chevy for $21,000. Council agreed they preferred spending the extra $3,000 and purchasing a new pickup. The Mayor noted that per the conversation at the workshop he has had conversations individually with staff and is looking at implementing staff meetings in the future. Adjournment: The Mayor adjourned the meeting at 8:47 pm. Approved: ____________________________ Respectfully submitted: Nathan Mitchell, Mayor ______________________________ Kathleen Hutton, Deputy City Clerk 4