City Council Regular Meeting

Star City Council Regular Meeting Minutes March 1, 2016 The regular meeting of the Star City Council was held at the Star City Hall, 10769 W. State Street, Star, Idaho. Mayor Chad Bell called the meeting to order at 7:00 pm and all stood for the Pledge of Allegiance. Roll Call: Councilmen David Hershey, Richard Lockett, Trevor Chadwick and Kevin Nielsen were all present. Approval of the Agenda: Lockett moved to approve the agenda, Hershey seconded the motion. All ayes, motion carried. Consent Agenda: Lockett moved to approve the Consent Agenda consisting of: Regular Meeting Minutes of February 16, 2016, Claims Against the City for February 2016 and the Purple Heart City Proclamation, Chadwick seconded the motion. All ayes: motion carried. Presentations/Public Input: Presentations – Law Enforcement - Chief Laraway reviewed his report for the last couple months. There were 119 calls for service, 162 self-initiated calls, there were four crashes last month, 84 traffic stops, and 15 welfare checks. They have completed lockdown drills with the school. The drills are held twice a year. Deputy Cluff is helping with kids in need through the St. Luke’s Kids in Need program. They are having problems with traffic, people are not stopping for busses and a couple of kids almost got hit. The Chief talked about a prescription drug program. People are putting their drugs down their toilets and it is causing problems for testing at the sewer treatment plant. A suggestion would be to have a drop off spot for the drugs and then police would dispose of them. The Chief stated that they are still working on the logistics. The Chief stated that they are doing registered sex offender checks; they are scheduled four times a year in Star. Chadwick asked if there was an amnesty program as far as dropping off marijuana or other such drugs. The Chief stated that there are different requirements for different programs. Star Sewer and Water will put flyers in all monthly bills once the logistics are worked out. The Mayor stated that it would be a huge benefit to the community and a benefit to the Star Sewer and Water District. The Mayor asked about an update on Gambrell and the attempted kidnapping. The Chief had no update. The Chief stated they do have an idea of who robbed Sully’s. Public Input - Gary Smith, 258 S Langer Lake Way, Star, congratulated the Mayor and Council on the “In God We Trust” being put up on the wall. Smith has had an opportunity to read the minutes of the retreat, and he agrees with 95% of what was discussed and it looks like it was a productive meeting. His concern has to do with planning and zoning in the City. Just in the last 48 hours he’s found errors that have to do with the process; a copy of a neighborhood meeting 1 invitation is in front of you. A meeting cannot be held before 6 pm, the actual meeting starts at 5:30 pm. Code clearly states that. The reason Smith spotted this is that meetings have been held before at 5:30 pm. The invitation was mailed. Who is responsible for making sure the notice is correct. Smith notified the applicant and the City, the applicant talked with the City and the City said it was okay, that is a direct violation of the city code. He wants to work with the Council. We need to have a second set of eyes – it is a safety process. The City needs somebody that is overseeing what’s going on. Please take a look at the policy and procedures. He is concerned that if someone did say it was okay that’s not legal. The Council needs to put a citizens committee together. He is putting it out to the Council, but this one popped right up and it was an error. Nielsen stated that he and Smith had a meeting after the elections regarding who is responsible for watching over the Council – who is the watchdog. Nielsen thanked Gary for doing his job and he saw his emails and that worked perfectly. Michael Keys, 338 S. Long Bay Way, Star, stated he supports what Smith says, we are getting bigger. He has a hand out. He spoke with Mayor Mitchell about trailer parking issue. Now we have a new Council and a new Mayor and he wants to explain why this needs to be changed. It says that they can park on the street for 72 hours only if the trailers are 22 feet and shorter. The reason he wants to amend this ordinance is because travel trailer’s takes 48 hours to charge their batteries. It is a practical matter. He wants Council to consider a change to the rule and allow trailers to park for up to 72 hours with the provision that it be temporary. Sara Keys, 338 S. Long Bay Way, Star, stated that she registered her dog and had to get a form showing that the dog is spayed. It costs $22 to get that paper. She wants some common sense. She asked why dogs need to be licensed. Nielsen asked if it was supposed to be spayed and why that is the rule. The Mayor stated that it’s a higher price if they are not. Keys is suggesting that we just take the money without the notice for spaying. The Mayor stated that we will be talking about fees tonight at the workshop. She is asking for us to believe people when they say their dog is spayed. The Mayor stated that we don’t live it in a society that works that way. It costs $16 for your dog if it is spayed or neutered. You can choose not to license your dog, but when it is picked up it will euthanized within three days if no one knows who owns the dog. Larry Clucus, 364 Long Bay Way, Star, stated that he appreciates the Purple Heart Proclamation. He respectfully disagrees with Smith - there is no need for a planning and zoning committee. He agrees with M. Keys on the trailers, but it needs to be watched. Most people do pretty well. There is a car that is tagged in the subdivision now and there are construction trailers that have been there awhile. People leave cords and they are a hazard, they are dangerous. Smith stated he wanted to let Council know there is a District 14 meeting this week. Smith talked about an Insurance bill in the legislature currently. Tom Elrebach, 1130 2nd Street, Star, stated that a person has talked to him about walking his dog on a leash on the gravel path in the park. A couple ladies yelled at this person and he would like permission. The Mayor stated that we would take it into consideration. 2 Old/New Business: Skate Park – Erlebach handed out the donations collected to-date for the skate park. The last three weeks he has been out collecting donations. They still have donations coming in and will try and hit the $100,000. S. Keys asked why they need a grease trap. Erlebach stated that because there is water run-off. If there is hazardous material spilt, the grease trap will catch it before it goes in the ditch. Cattin asked if there was a material that can be put down that is impervious. Erlebach stated that there was not and it wouldn’t make a flat surface. Chadwick asked how much more Erlebach needed in donations. Erlebach stated it was about $20,000. Michael Traficante, Sr. asked if there was a maintenance budget for it. The Mayor stated that it will fall under the maintenance budget. M. Keys asked if there will be charges for the skate park. There will not be. Keys asked about kids in the park all night. The Mayor stated all parks are closed at dusk. Cattin suggested a board where the skaters paint the board – a tag board. Erlebach stated that there is not one currently. Erlebach explained about the colored concrete. The area is also very visible for tagging. Someone in the audience stated he had two issues: what about liability insurance and the need for trash cans. The City has not addressed the garbage cans, but we have addressed the insurance. Legal Counsel, Chris Yorgason, stated that there is a state statute that says if you provide recreation equipment for people you have no insurance requirements. ICRMP is very familiar with these – they have never lost a liability case due to state statute. Concession Stand – Yorgason stated he is reviewing the agreement. Brian Dickens is in the audience to answer questions. Yorgason stated it is pretty straight forward. They would pay rent for the seasonal section and the optional months they would rent, they would either pay or not. They are asking the City to waive the first month’s rent due to high capital costs for the concession stand. Yorgason’s only concern is the City can renew from one to two years – we do have the ability to renew each year. Discussion was held about the day or two when they cannot operate – Home Town Celebration is the only one everyone knows about. These are basic terms, they can’t store flammable items, they have asked to sell alcohol with appropriate licenses, and maybe set up their own activities. There is a provision for sub-leasing, they will maintain the building, there will be no alterations without prior approval and it will be put back to original when they leave. The City can make improvements as long as it doesn’t interfere with their work. Insurance is covered, the City will cover the building and they will cover the interior items. There are utility provisions – an agreement between the parties as to who will pay for them. Trash may be split. They want to be able to put up signs. Section 11 is incomplete. Parking will comply with city rules. There is a default clause which is a regular provision and 3 the rest of contract is pretty boiler plate – condemnation, no brokers, etc. Other than the two items with lease renewal and the dates, Yorgason doesn’t have any problem. Lockett asked if it would be open the same hours as the park. Yorgason stated that it should be. Lockett asked if we can terminate the agreement. Yorgason stated we could terminate the agreement if wanted. Yorgason stated that we cannot commit to the three year term. Dickens did not have a problem with the amended parts. Nielsen stated he did not see anything about a deposit. Yorgason stated it can be added. The Mayor stated that he is concerned about alcohol in the park. Dickens asked to strike the entire section on alcohol. The Mayor is looking to have a motion to have him approve this with changes. Hershey asked about how we would break out the garbage costs. The Mayor explained if they exceed the garbage use then they will be responsible for another weekly pick up. The term will run to the end of September and we will have a way to look at this agreement again. Cost will be $600 per month. We know what our costs are for the restroom operations, they can pay the overage. Changes to the agreement were reviewed: Revise paragraph 2D – one year term renewal; add under new F under 2 list the days they cannot operate Home Town Celebration – July 4th; deleting 4c alcohol and add exhibit rules – operation time is dawn to dusk, and utilities need to clarify the tenant responsibilities in section 9, and add deposit to section 3d. Nielsen asked if Dickens is having a fryer. Dickens stated that he cannot right now due to the cost of the hood – it is right around $50,000. They can’t afford it now, maybe later. He can’t have grease or gases in the building, but will have a barbeque on the back patio and it has been approved by CDC. He will have potatoes, but won’t have them done in the building. Chadwick suggested a $500 deposit. Nielsen asked if they are drilling a hole in the building. Dickens stated they may if there is nothing to hang signs on and a part that would be hooked to the hood, but they are not adding it right now. Dickens is okay with a refundable deposit of $500. Chadwick moved to approve the lease agreement with Dickens, LLC with the revisions discussed, Hershey seconded the motion. Nielsen asked if we can add rules. Yorgason stated they need to add the hours of operation. If you add to the agreement, you will need to renegotiate the agreement with the tenant. Doesn’t need to be decided tonight. Chadwick amended his motion to add that the Mayor will work with tenant, Hershey amended his second. All ayes: motion carried. 4 Skate Park Bid Decision – We either need to accept the bid, to be decreased with the amount of donations received in cash or in-kind or deny it. Yorgason stated that we need to approve total amount and that total amount is paid through the City with any cash or in-kind donations or deny it. Chadwick moved to approve the entire bid with all donations prior to completion, Lockett seconded the motion. All aye: motion carried. Chadwick commended Erlebach on all his work on this project. There is a huge calling for skate parks. Reports: Staff: Chief Laraway had nothing more to report. Ward had nothing to report. Yorgason had nothing to report. Council: Hershey’s daughter gave birth to his granddaughter. Lockett had nothing to report. Chadwick stated there were quarterly ACHD meetings. He got the shooting trailer for the Home Town Celebration. He is also working on a Youth Hunting Foundation. Nielsen stated he reached out and has spoken to community members regarding the committees. Mayor: The Mayor stated he is working on the park property at pavilion. There is a person in town that built Eagle’s pump track and he wants to help us build one and we are looking for cheap dirt. We will have it built in the next 60 days. Several years ago we paid for a feasibility study to bring an ice rink to town that is now back on track. People involved want to move forward. The City will be in the partnership, we will purchase or have the property donated to us and then lease it to the ice rink people. They want it to be built in Star. We are going to work hard on it. If anyone knows of property, please let us know. The property needs to be on Hwy 14 or State Street. The feasibility study that the City paid for has come back to say that it is extremely feasible in Star. The boat launch plans will be sent to everyone. We will look at in the future. The Mayor declared the meeting adjourned at 8:31 pm. Approved: Respectfully submitted: ________________________ _________________________ Charlten Bell, Mayor Cathy Ward, City Clerk 5