City Council Regular Meeting

CITY OF STAR, IDAHO CITY COUNCIL REGULAR MEETING MINUTES City Hall - 10769 W State Street, Star, Idaho Tuesday, March 1, 2022 at 7:00 PM 1. CALL TO ORDER – Welcome/Pledge of Allegiance Mayor Chadwick opened the City Council Meeting at 7:00pm. 2. INVOCATION – Pastor Larry Osborn, Life Springs Church Pastor Osborn offered the invocation. 3. ROLL CALL Elected Officials: Council President David Hershey; Council Member Kevan Wheelock; Mayor Trevor Chadwick; Council Member Jennifer Salmonsen. Council Member Nielsen was excused. Staff: City Clerk Jacob Qualls; City Attorney Chris Yorgason; Star Police Chief Zach Hessing; Public Information Officer Dana Partridge 4. PUBLIC INPUT Jerry Arbiter – 351 South Crystal Springs Lane, Star, ID Mr. Arbiter was there seeking information on city traffic issues and what steps were being taken to resolve them. Mayor Chadwick gave an overview: Idaho Transportation Department (ITD) will begin widening Highway 44 from Linder Road to Highway 16 on May 2, 2022. The construction will continue into summer with the result being a five-lane road. On April 20, 2020, the City of Star entered into a Proportionate Share Agreement with ITD, which requires developments to pay a proportionate share for highway improvements within the city limits of Star. The widening of Star Road to Can-Ada into a five-lane road is currently in the design phase and is expected to be constructed this year and in 2023. Additionally, ITD has the funding to widen Highway 16 to Star Road. Eventually there will be a five-lane road from Can-Ada Road all the way into Boise, with the hope it will be completed by 2023 and alleviate the traffic. There also plans with Ada County Highway District (ACHD) for part of the integrated five-year work plans for bridges. The City has been trying to get them to move up the City of Star Road improvements scheduled for 2035, which will require a new bridge section and will cause more traffic issues temporarily. This year Highway 16 improvements will begin and go all the way to Interstate 84, with a goal for completion by 2025. This will include four total overpasses, including one on Highway 16 going over Highway 44, eliminating the intersection there. There is also funding for Highway 20-26 for widening from Middleton Road to Interstate 84 into a five-lane road. This will widen it all the way from Caldwell to Boise. DS/dlp Page 1 of 6  CITY OF STAR, IDAHO CITY COUNCIL REGULAR MEETING MINUTES City Hall - 10769 W State Street, Star, Idaho Tuesday, March 1, 2022 at 7:00 PM Todd Lovell – 11371 West Hercules Drive, Star, ID Mr. Lovell spoke on the Covenants, Conditions & Restrictions (CC&Rs) of subdivisions, expressing frustration over the percentage of residents required at a meeting for there to be a quorum. He wanted it to be changed to make it the same as any public entity so a majority of those in attendance would allow for things to be passed. City Attorney Chris Yorgason informed Mr. Lovell the city has no control over CC&Rs, as they are contracts created by developers each neighbor agrees to when they buy a lot in the neighborhood. The city does not review nor approve the CC&Rs at a city level, so each subdivision sets the level at whatever percentage they want. There was a brief discussion about how to get neighbors to attend meetings, with Mr. Lovell expressing frustration due to his having tried those methods with no results. This has meant there can be no elections for the Homeowners’ Association (HOA) and the same board gets re-elected. Additionally, he noted it is hard to buy a home without an HOA unless you have a lot of money. 5. PRESENTATIONS A. New Deputy Introductions – Chief Zach Hessing Chief Hessing introduced Deputy Robert Denny, who will be filling the second position with the City of Star Police Department. This will enable them to have two officers on shift for almost a full twenty-four hours. Deputy Denny has nearly eleven years of experience working with law enforcement, with eight and a half of those in Orange County, California where he had several special assignments. One of those assignments was with the Mounted Enforcement Unit. In Idaho, Deputy Denny worked with the Boise Police Department for almost two years, then made a lateral transfer to the Ada County Sheriff’s Office in December before being assigned to Star. B. Mayor’s Youth Council Scholarship Announcement – Mayor Chadwick Mayor Chadwick spoke briefly on the Mayor’s Youth Council Scholarship. Any senior graduating in the City of Star or nearby areas could apply for the Star Mayor’s Youth Scholarship, which was due March 15, 2022. Interested parties could apply via staridaho.org/myc. Those selected would earn up to $1,500 for a trade school or college. 6. CONSENT AGENDA (ACTION ITEM)  Council Member Salmonsen moved to approve the Consent Agenda consisting of 5A. Approval of Claims: Provided and Previously Approved, and 5B. Findings of Fact & Conclusion of Law: Josh Kinney Annexation / Zoning / Planned Unit Development (AZ-21-19, DA-21-27 & PUD-21-002); Council President Hershey seconded the motion. ROLL CALL VOTE: Hershey – aye; Wheelock – aye; Salmonsen – aye. Motion carried. DS/dlp Page 2 of 6  CITY OF STAR, IDAHO CITY COUNCIL REGULAR MEETING MINUTES City Hall - 10769 W State Street, Star, Idaho Tuesday, March 1, 2022 at 7:00 PM 7. ACTION ITEMS: Item 5G Ordinance 347-2021: East Star River Ranch Rezone & Development Agreement (RZ-20-12 & DA-20- 28) was removed. A. Stair Replacement Bid Award Mayor Chadwick explained Bill’s Machine Stop will be replacing the current deteriorating concrete stairs with ones with galvanized stair treads. This was not in the budget this year, so it will need to be added in.  Council President Hershey moved to approve the Stair Replacement Bid Award; Council Member Salmonsen seconded the motion. ROLL CALL VOTE: Hershey – aye; Wheelock – aye; Salmonsen – aye. Motion carried. B. Hunter’s Creek Park Playground Equipment Purchase Mayor Chadwick explained this purchase of playground equipment was part of the City of Star’s Capital Improvement Plan. City Attorney Chris Yorgason clarified this purchase was being made through an organization called Source Well. Source Well is a cooperative purchasing agreement for the State of Idaho under Idaho Code 67-2807 for City Councils to use instead of going through a formal bidding process if the total does not exceed $50,000. Mayor Chadwick added this purchase was just for the playground equipment and there will need to be another purchase for site work and concrete work. The purchase was coming out of Park Impact Fees and would not be Taxpayer-Funded.  Council President Hershey moved to approve the Hunter’s Creek Park Playground Equipment Purchase using the Cooperative Agreement through Source Well with any additional work need not exceed $50,000; Council Member Salmonsen seconded the motion. ROLL CALL VOTE: Hershey – aye; Wheelock – aye; Salmonsen – aye. Motion carried. C. Riverbarn HVAC Bid Mayor Chadwick explained this was to place an HVAC system in the Riverbarn as it has been utilized often and without the HVAC system the units have been either very hot or very cold. This will come out of Park Impact Fees as part of the Capital Expenditures on equipment for the facility. He suggested they approve the bid from A-1 Heating and Air, as they were the only one to include electrical work.  Council President Hershey moved to approve the A-1 Heating and Air bid for a total of $13,842; Council Member Wheelock seconded the motion. ROLL CALL VOTE: Hershey – aye; Wheelock – aye; Salmonsen – aye. Motion carried. DS/dlp Page 3 of 6  CITY OF STAR, IDAHO CITY COUNCIL REGULAR MEETING MINUTES City Hall - 10769 W State Street, Star, Idaho Tuesday, March 1, 2022 at 7:00 PM D. Ordinance 366-2022: Architectural Overlay Mayor Chadwick explained this would create a consistent look with any future developments within the Central Business District.  Council Member Salmonsen moved to introduce Ordinance 366-2022: Architectural Overlay; Council Member Wheelock seconded the motion. ROLL CALL VOTE: Hershey – aye; Wheelock – aye; Salmonsen – aye. Motion carried.  Council Member Wheelock moved pursuant to Idaho Code Section 50-902 the rule requiring an Ordinance be read on three different days, with one reading in full, be dispensed with and Ordinance 366-2022: Architectural Overlay be considered after reading once by title only; Council President Hershey seconded the motion. ROLL CALL VOTE: Hershey – aye; Wheelock – aye; Salmonsen – aye. Motion carried.  Council President Hershey moved to approve Ordinance 366-2022: Architectural Overlay and read the title; Council Member Salmonsen seconded the motion. ROLL CALL VOTE: Hershey – aye; Wheelock – aye; Salmonsen – aye. Motion carried. E. Ordinance 345-2021: Grace Assisted Living Annexation & Development Agreement (AZ-21-13, DA-21-19 & CUP-21-04) Mayor Chadwick explained this is for 90,000 square feet assisted living facility that will go in off Bent Lane.  Council Member Salmonsen moved to introduce Ordinance 345-2021: Grace Assisted Living Annexation and Development Agreement; Council President Hershey seconded the motion. ROLL CALL VOTE: Hershey – aye; Wheelock – aye; Salmonsen – aye. Motion carried.  Council Member Wheelock moved pursuant to Idaho Code Section 50-902 the rule requiring an Ordinance be read on three different days, with one reading in full, be dispensed with and Ordinance 345-2021: Grace Assisted Living Annexation and Development Agreement be considered after reading once by title only; Council President Hershey seconded the motion. ROLL CALL VOTE: Hershey – aye; Wheelock – aye; Salmonsen – aye. Motion carried.  Council President Hershey moved to approve Ordinance 345-2021: Grace Assisted Living Annexation and Development Agreement and read the title; Council Member Wheelock seconded the motion. ROLL CALL VOTE: Hershey – aye; Wheelock – aye; Salmonsen – aye. Motion carried. DS/dlp Page 4 of 6  CITY OF STAR, IDAHO CITY COUNCIL REGULAR MEETING MINUTES City Hall - 10769 W State Street, Star, Idaho Tuesday, March 1, 2022 at 7:00 PM F. Ordinance 361-2022: Union Street Development & Development Agreement (RZ-21-07, DA-21-25 & ZC21-19) Mayor Chadwick explained this is for the empty lot across the street from Bi-Mart where a new commercial business is going in. It will be an eatery, and likely a sandwich shop.  Council Member Salmonsen moved to introduce Ordinance 361-2022: Union Street Development and Development Agreement; Council President Hershey seconded the motion. ROLL CALL VOTE: Hershey – aye; Wheelock – aye; Salmonsen – aye. Motion carried.  Council Member Wheelock moved pursuant to Idaho Code Section 50-902 the rule requiring an Ordinance be read on three different days, with one reading in full, be dispensed with and introduce Ordinance 361-2022: Union Street Development and Development Agreement be considered after reading once by title only; Council President Hershey seconded the motion. ROLL CALL VOTE: Hershey – aye; Wheelock – aye; Salmonsen – aye. Motion carried.  Council Member Salmonsen moved to approve introduce Ordinance 361-2022: Union Street Development and Development Agreement and read the title; Council Member Wheelock seconded the motion. ROLL CALL VOTE: Hershey – aye; Wheelock – aye; Salmonsen – aye. Motion carried. G. Roseland Property Lease Memorandum of Understanding (City of Star & West Ada School District) Mayor Chadwick explained this is the nine acres of land in front of Roseland’s initially dedicated as a school on New Hope. There has since been a land swap and the school currently does not have plans for developing it. This will allow the City of Star to build a park on the nine acres.  Council President Hershey moved to approve the Roseland Property Lease as stated with the conditions in the Memorandum of Understanding and allow Mayor Chadwick to sign and move forward with the lease; Council Member Salmonsen seconded the motion. ROLL CALL VOTE: Hershey – aye; Wheelock – aye; Salmonsen – aye. Motion carried. H. Executive Session 74-206(f)  Council Member Wheelock moved to go into Executive Session 74-206(f) to communicate with legal counsel for public agency to discuss the legal ramifications and legal options for pending litigation or controversies not yet being litigated but eminently likely to be litigated; Council Member Salmonsen seconded the motion. ROLL CALL VOTE: Hershey – aye; Wheelock – aye; Salmonsen – aye. Motion carried. Entered Executive Session 7:41pm and returned at approximately 8:00 pm with no decision being made. DS/dlp Page 5 of 6  CITY OF STAR, IDAHO CITY COUNCIL REGULAR MEETING MINUTES City Hall - 10769 W State Street, Star, Idaho Tuesday, March 1, 2022 at 7:00 PM 8. ADJOURNMENT Mayor Chadwick adjourned the meeting at approximately 8:00 pm. /s/ Trevor A. Chadwick /s/ Jacob M. Quallls ATTEST: Trevor A. Chadwick, Mayor Jacob M. Qualls, City Clerk / Treasurer DS/dlp Page 6 of 6