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1 Star City Council Meeting Minutes August 20, 2013 The regular meeting of the Star City Council was called to order at 7:00 pm at the Star City Hall, 10769 W. State Street, Star, Idaho. Mayor Nathan Mitchell called the meeting to order and all stood for the Pledge of Allegiance. Mason Cobert led everyone in the Pledge of Allegiance. Roll Call: Council persons Tom Erlebach, Gary Smith, and Chad Bell were present, Tammy McDaniel was absent. Approval of Agenda: The Mayor asked that we add 5F be added to the agenda for License Agreement with Ada County Highway District for the parking lot. Bell moved to amend the agenda adding 6F License Agreement with Ada County Highway District and approve the agenda, Smith seconded the motion. All aye: motion carried. Public Input/Presentations: Larry Maneely, Ada County Chief of Staff, Ada County Commissioners, introduced himself and asked that Council contact him if they needed anything from the County. Maneely stated the Ada County Commissioners created the position to create a closer work relationship between the Cities and County. Maneely discussed a program called “City for a Day”, and stated that if the City is interested the County would be happy to institute it again. Maneely stated that a press conference will happen tomorrow morning regarding the alarming increase in mosquitos testing positive for the West Nile virus. Brian Wilbur of the Pest Division has crews out every night spraying, but it isn’t enough. They will announce the aerial spraying that will take place Thursday or Friday. Public Input: Pat Hales, 1242 Little Camas, is concerned about the new design for the road going out through their area at Hunters Creek. He bought his house thinking that this was a dead end road as he has several children. He would like the Council to reconsider this decision. The Mayor stated that they would discuss this more further down the agenda. Old/New Business: Ordinance No. 230 Elected Officials Compensation – The Mayor explained the budget was amended two weeks ago to add additional compensation to the Mayor and Council’s salaries. The Mayor explained that the process for increasing compensation of elected officials. Erlebach asked if both increases needed to be added. The Mayor stated that they did not. The Mayor stated that these wages have not been increased since 2006. The Mayor asked Councilman Bell to review his comments from the last meeting. Smith agreed two years ago that the time wasn’t right to increase wages; today raises are based on merit and he believes the timing is right to look at increase. Erlebach asked what the population was in 2006. The Mayor stated that he didnt’t know, but it was not 5,000. The Mayor asked for public input. ---PAGE BREAK--- 2 Pat Hales, 1242 Little Camas, stated that it doesn’t sound like the Mayor and Council make a lot of money. The Mayor stated that these jobs may be viewed as part time jobs, but they are full time jobs; but everyone knew that going in. Bell 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. 230 be considered after reading once by title only, Erlebach seconded the motion. Roll Call: Erlebach – aye, Smith – aye, Bell – aye: motion carried. Bell moved to approve Ordinance No. 230, an Ordinance establishing the compensation for the Mayor and Council members of the City of Star, repealing conflicting Ordinances and providing an effective date, Erlebach seconded the motion. Erlebach – aye, Smith – aye, Bell – aye: motion carried. Ordinance No. 231 Annual Appropriations for 2013-2014 - Smith asked if this Ordinance reflects the salary increases. The Mayor stated that it did. Bell 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. 230 be considered after reading once by title only, Erlebach seconded the motion. Roll Call: Erlebach – aye, Smith – aye, Bell – aye: motion carried. Bell moved to approve Ordinance No. 231, an Ordinance to be termed the annual appropriation ordinance of the City of Star, Idaho, for the fiscal year commencing October 1, 2013, and ending on September 30, 2014, appropriating sums of money in the aggregate amount of $2,769,877.00 to defray all necessary expenses and liabilities of the City of Star for said fiscal year; specifying the object and purposes for which such appropriations are made and the amount appropriated for each object and purpose; authorizing the certification to the County Commissioners of Ada & Canyon Counties, Idaho, the amount of $849,602.00 property taxes to be levied and assessed upon the taxable property in the City; providing for the filing a copy of this Ordinance with the office of the Idaho Secretary of State as provided by law; providing for publication; and providing an effective date, Erlebach seconded the motion. Roll Call: Erlebach – aye, Smith – aye, Bell – aye: motion carried. Discussion on Vendor Permits – The Mayor explained that we had a local business go door to door without a vendors permit and is unhappy as they are required to have a permit. We require a permit because we do background checks on people that go door-to-door. The Mayor said we do not require business permits. The Mayor stated that we would not have any control over who comes to your door without vendor permits. Smith stated that a local business contacted him. Smith stated that he believes we are profiling as we provide exceptions to getting a vendors permit. Legal Counsel, Cliff Brown, stated that we are not profiling against classes. The Mayor reviewed the exemptions and asked Council to let us know which of the exemptions they would like to remove. Bell believes that it is the Council’s job to make the hard decisions to keep the public safe. We may need to update this Ordinance as we have this grown. The Mayor asked for Council to give exemptions and we would review this again. ---PAGE BREAK--- 3 Smith stated that this is the first time he has read the vendor permit section. Smith would like Legal Counsel to take this to the Attorney General to find out if it is legal. Brown stated that these are municipal rules not federal. Brown stated that this code is defensible. The Mayor stated we could get rid of all the exemptions; let him know. Jeannie Nail stated that she was approached by someone who said they had been doing asphalt jobs in the City, but they didn’t have a permit. The Mayor stated that if we have specific exclusions, we need to write them up and get them changed. Bell believes it is fine. The Mayor asked if Council has exemptions to get them to us. Discussion on Hunter’s Creek building pad – Phase 2 Design – The Mayor reviewed the plan and is looking for direction. The large building is not going to work in this location. We either need to downsize the building or move it to the Pavilion Park. The Mayor discussed the road connection issues with not putting in the road to Little Camas. The Mayor will get the engineer started on drawings and then have a work session with Council and the Hunters Creek Homeowners. Flood Ordinance Discussion – The Mayor reviewed the conversation with the South Main residents regarding the flood ordinance and the need to change it. There are approximately fourteen residents that live in the flood way. The City requires a no rise certificate to rebuild their homes if something destroys the house. They pay flood insurance, but mortgage companies will not loan against a home for rebuild when it is destroyed if it is in the floodway. The Mayor is looking to change that in letting the homeowner rebuild on the same footprint as the home was prior to the destruction. Keller Associates has put together a couple options to fix this. The Mayor believes Option 2 is the wording that will work. If you want to rebuild it exactly like it is today a no rise certificate is waved. The Council agreed to move forward with the Ordinance change. Reports: Police Report - Chief Laraway stated that we had National Night Out on the 6th and it went very well. The Pinewood Lakes Subdivision was the only participant this year. The Chief is going to work on getting more subdivisions involved next year. The Chief reviewed numbers of incidents in Star. Ada County Highway District License Agreement – The Mayor stated that this was required for the parking lot next door. Smith moved to approve the license agreement with ACHD, Erlebach seconded the motion. All aye: motion carried. Council Reports – ---PAGE BREAK--- 4 Erlebach asked if we are out of water at the River Walk as it is getting dry. The Mayor stated that we are not; we are just having problems getting water. Smith stated that he attended the National Night Out and a BCA meeting. Mayor’s Report - The Mayor stated that we had a preconstruction meeting on the parking lot and he has spoken with the Fire Department. We will draw up a joint parking agreement with them. Adjournment: The Mayor adjourned the meeting at 9:15 pm. Approved: Respectfully submitted: Nathan Mitchell, Mayor Cathy Ward, City Clerk