BOISE, IDAHO DECEMBER 9, Council met in regular session Tuesday, December 9, 2008, Mayor DAVID H. BIETER, presiding.

Transcription

1 78 BOISE, IDAHO Council met in regular session Tuesday, December 9, 2008, Mayor DAVID H. BIETER, presiding. Roll call showed the following members present: BISTERFELDT, CLEGG, EBERLE, JORDAN and TIBBS. Absent: SHEALY. Invocation was given by Alex Charlton, Clerk. minutes from the December 2, 2008, Boise City Council Work Session Meeting be approved. minutes from the December 2, 2008, Boise City Council Meeting be approved. Mayor BIETER announced that it was the time and place set for the reappointment of Jim Reed to the Boise City Ada County Housing Authority Board of Commissioners for a five year term ending October 31, reappointment of Jim Reed to the Boise City Ada County Housing Authority Board of Commissioners for a five year term ending October 31, 2012 be approved.

2 79 Mayor BIETER announced that it was the time and place set for the reappointment of Robert (Bob) Ross to the Fire Prevention Code Board of Appeals for a four year term ending April 12, Reappointment of Robert (Bob) Ross to the Fire Prevention Code Board of Appeals for a four year term ending April 12, 2012 be approved. Mayor BIETER announced that this was the time and place set for CAR and CAR /Hoyle Investment, LLC. Moved by JORDAN and seconded by CLEGG that CAR and CAR /Hoyle Investment, LLC be taken off the table and be discussed by Council during tonight s meeting. YEAS: BISTERFELDT, CLEGG, JORDAN and TIBBS. Abstain: EBERLE. Moved by JORDAN and seconded by BISTERFELDT that CAR and CAR /Hoyle Investment, LLC be denied. YEAS: BISTERFELDT, CLEGG, JORDAN and TIBBS. Abstain: EBERLE. Boise City Checks No thru in the total amount of $1,945, as of December 3, 2008 be approved.

3 80 The City Clerk requested the following claims(s) be acknowledged and referred to the office of the Treasurer: a) Kris Martin, Property Damage b) Bobby Alloway, Personal Injury claim(s) be acknowledged and referred to the office of the Treasurer as requested. The City Clerk requested February 3, 2009, in Council Chambers be confirmed for a public hearing on: a) CAR /Rezone/Modern Vision Homes requests approval to rezone +/-.28 acres located at 1713 and 1717 W. Jefferson Street from R-1M (Single Family Residential with Modular Lotting) to R-3D (Multi-Family Residential with Design Review) Moved by EBERLE and seconded by JORDAN that February 3, 2009 in Council Chambers be confirmed as requested. The City Clerk requests the following applications for Alcohol Beverage Catering Permits be acknowledged and approved: a) Kanak Attack Catering regarding a Christmas Party at the Idaho Botanical Gardens at 2355 N. Penitentiary on December 13, 2008 Alcohol Beverage Catering Permits be acknowledged and approved as requested.

4 81 The Arts and History Department requests the following art projects be approved by Council: a) Arts and History Commission and the Library Board: Ustick and Cole Library Branch Art Proposal art projects be approved as requested. Mayor BIETER pulled item 7F b) Sole Source Purchase: Overhead Roll-Up Doors, Department of Aviation from tonight s Consent agenda and deferred the item to a date not yet certain. The City Clerk requested the following minutes, reports and requests be received by Council and directed filed in the office of the City Clerk: a) Sole Source Purchase: WesTech Flocculators, Clarifiers, Drive Units, Grit Classifier and Sludge Units, Public Works Department c) Employee Health Trust Trustee Minutes, October 22, 2008 minutes, reports and requests be received and directed filed in the office of the City Clerk as requested. Proposed resolution (R ) by the Council: Titled: A RESOLUTION AUTHORIZING THE BOISE POLICE DEPARTMENT TO ACCEPT 2009 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AWARDS FOR FISCAL YEAR 2009 AS THEY ARE

5 82 AWARDED THROUGH THE STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: Titled: A RESOLUTION AUTHORIZING RECEIPT OF GRANT MONEY BY THE BOISE POLICE DEPARTMENT FROM THE BULLET PROOF VEST PARTNERSHIP, OFFICE OF JUSTICE PROGRAMS; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING RECEIPT OF GRANT FUNDS BY THE BOISE POLICE DEPARTMENT FROM THE OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION AS PART OF THE IDAHO INTERNET CRIMES AGAINST CHILDREN TASK FORCE; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution

6 83 Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING RECEIPT BY THE BOISE POLICE DEPARTMENT OF MONETARY DONATIONS FROM TREASURE VALLEY ALCOHOL AND DRUG COALITION, THE CALVARY CHAPEL PRESCHOOL AND IN MEMORY OF RALPH CORNWELL; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING RECEIPT OF GRANT MONEY BY THE BOISE POLICE DEPARTMENT FROM ALCOHOL BEVERAGE CONTROL FOR COMPLIANCE CHECK ENFORCEMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF BOISE AND THE IDAHO TRANSPORTATION DEPARTMENT S OFFICE OF HIGHWAY SAFETY TO DESIGNATE A LAW ENFORCEMENT LIAISON TO THE OFFICE OF HIGHWAY SAFETY WITHIN THE BOISE POLICE DEPARTMENT FOR FISCAL YEAR 2009; AUTHORIZING THE BOISE POLICE DEPARTMENT TO EXECUTE SAID MEMORANDUM OF UNDERSTANDING; AND PROVIDING AN EFFECTIVE DATE, was read in full.

7 84 proposed resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF BOISE AND THE IDAHO TRANSPORTATION DEPARTMENT S OFFICE OF HIGHWAY SAFETY FOR BOISE POLICE DEPARTMENT 2009 TRAFFIC MOBILIZATION PROJECTS; AUTHORIZING THE BOISE POLICE DEPARTMENT TO EXECUTE SAID MEMORANDUM OF UNDERSTANDING; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING RECEIPT OF A FREEZE FRAME COMPUTER SOFTWARE SYSTEM FROM THE TECHNOLOGY TRANSFER PROGRAM OF THE OFFICE OF NATIONAL DRUG CONTROL POLICY BY THE BOISE POLICE DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution

8 85 Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING A REAL ESTATE PURCHASE AND SALE AGREEMENT BY AND BETWEEN THE CITY OF BOISE, BY AND THROUGH ITS FOOTHILLS CONSERVATION ADVISORY COMMITTEE, AND RONALD M. OBERBILLIG, FOR A PARCEL OF LAND DESCRIBED AS THE E½SW¼SW¼SW¼ OF SECTION 5, T.3N., R.3E., B.M., ADA COUNTY, IDAHO, CONSISTING OF FIVE (5) ACRES MORE OR LESS; APPROVING THE PURCHASE PRICE OF $5, FOR SAID PARCEL; AUTHORIZING THE MAYOR TO EXECUTE THE PURCHASE AND SALE AGREEMENT AND ALL OTHER NECESSARY DOCUMENTS TO COMPLETE THE PURCHASE ON BEHALF OF THE CITY; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING A REAL ESTATE PURCHASE AND SALE AGREEMENT BY AND BETWEEN THE CITY OF BOISE, BY AND THROUGH ITS FOOTHILLS CONSERVATION ADVISORY COMMITTEE, AND RONALD M. OBERBILLIG, PERSONAL REPRESENTATIVE OF THE ESTATE OF HARLOW H. OBERBILLIG, DECEASED, FOR A PARCEL OF LAND DESCRIBED AS THE W½SE¼SE¼SE¼ OF SECTION 6, T.3N., R.3E., B.M., ADA COUNTY, IDAHO, CONSISTING OF FIVE (5) ACRES MORE OR LESS; APPROVING THE PURCHASE PRICE OF $5, FOR SAID PARCEL; AUTHORIZING THE MAYOR TO EXECUTE THE PURCHASE AND SALE AGREEMENT AND ALL OTHER NECESSARY DOCUMENTS TO COMPLETE THE PURCHASE ON BEHALF OF THE CITY; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution

9 86 Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING CHANGES IN THE BOISE CITY DEBT MANAGEMENT POLICIES AS PROVIDED IN ATTACHMENT A ; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID POLICIES ON BEHALF OF BOISE CITY; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution Surf City Subdivision, SUB , Final Plat, Boise City (proposed single family residential subdivision with four buildable lots on.83 acres with a density of 4.82 lots per acre located on the east side of North 39th Street approximately 360 feet north of West Taft Street),was before Mayor and Council. Moved by EBERLE and seconded by JORDAN that Surf City Subdivision, SUB , Final Plat, Boise City be granted as requested subject to conditions stated in the staff report. Outdoor Terrace Subdivision, SUB , Time Extension for Filing of Final Plat, Boise City (proposed single family residential subdivision with four buildable lots and two common lots on approximately 1.06 acres with a density of 3.77 lots per acre located on the south side of W. Hill Road west of Gary Lane),was before Mayor and Council. Moved by EBERLE and seconded by JORDAN that Outdoor Terrace Subdivision, SUB , Time Extension for Filing of Final Plat, be granted as requested subject to conditions stated in the staff report.

10 87 Windy Twig Condominiums, SUB , Time Extension for Filing of Final Plat, Boise City (proposed two separate two story residential condo units on.52 acres with a density of 3.77 units per acre located on the west side of Wilson Street west of Roosevelt Street at 409 S. Wilson), was before Mayor and Council. Moved by EBERLE and seconded by JORDAN that Windy Twig Condominiums, SUB , Time Extension for Filing of Final Plat, be granted as requested subject to conditions stated in the staff report. Councilmember EBERLE requested unanimous consent that all ordinances on second reading be read by number and title only and filed for the Third Reading Calendar. Unanimous consent was granted. Proposed ordinance (O-61-08) by the Council: Titled: AN ORDINANCE AMENDING BOISE CITY CODE TITLE 8, CHAPTER 11, SECTION 2.03.B TO EXEMPT USERS SUBJECT TO A WET LINE WAIVER FROM THE SEWER ANNEXATION COVENANT REQUIREMENT; AMENDING BOISE CITY CODE TO REMOVE THE REQUIREMENT FOR RESTAURANTS SUBJECT TO DEFERRAL AGREEMENTS TO PAY INTEREST BEYOND PRIME; AMENDING BOISE CITY CODE B TO REMOVE THE REQUIREMENT THAT SEWER TERMINATION NOTICES BE DELIVERED ONLY BY CERTIFIED MAIL; AND PROVIDING AN EFFECTIVE DATE, was read for the second time. Moved by EBERLE and seconded by JORDAN that all rules of Council interfering with the immediate consideration of (O-62-08) be suspended, that the portions of Idaho Code Section , requiring an ordinance to be read on three different days, twice by title and once in

11 88 full be dispensed with and the record show that it has been read in full. Proposed ordinance (O-62-08) by the Council: Titled: AN ORDINANCE AMENDING BOISE CITY CODE TITLE 13, CHAPTER 1 BY PROVIDING THAT ONE MEMBER OF THE PARKS AND RECREATION COMMISSION SHALL BE A REPRESENTATIVE OF THE BOISE SCHOOL DISTRICT AND PROVIDING THAT THE TERM OF THE BOISE SCHOOL DISTRICT COMMISSION MEMBER SHALL NOT BE LIMITED AS ARE THE TERMS OF OTHER MEMBERS; DELETING SURPLUS LANGUAGE REGARDING MAXIMUM MEMBERSHIP ON THE COMMISSION AND THE NUMBER OF MEMBERS NECESSARY TO CONSTITUTE A QUORUM; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE, was read for the first, second and third time. proposed ordinance (O-62-08) be passed and that the same be numbered Ordinance Moosehollow Condominiums, SUB , Preliminary and Final Plat, Boise City (proposed two unit residential condominium project located on the west side of N. Bruce Avenue approximately 200 feet north of the intersection of Bruce Avenue and Warm Springs Avenue at 115 N. Bruce Avenue), was before Mayor and Council. David Abo, Planning and Development Services, presented the staff report. Moved by EBERLE and seconded by JORDAN that Moosehollow Condominiums, SUB , Preliminary and Final Plat, be granted as requested subject to conditions stated in the staff report.

12 89 Edgemont Rim Place Subdivision, SUB , Preliminary and Final Plat, Boise City (proposed single family residential subdivision with three buildable lots on a common driveway situated on.96 acres with a density of 3.12 buildable lots per acre located on the northwest side of W. Edgemont Street approximately 270 feet west of Wilson Street and approximately 680 feet north of Irving Street), was before Mayor and Council. David Abo, Planning and Development Services, presented the staff report. Moved by EBERLE and seconded by JORDAN that Edgemont Rim Place Subdivision, SUB , Preliminary and Final Plat, be granted as requested subject to conditions stated in the staff report with the addition of a condition requiring an access easement on the pedestrian flag access on the western edge of the lot. Mayor BIETER announced that this was the time and place set for a public hearing on CAR /ANNEXATION/DA/AASE S CANYON POINT DEVELOPMENT, LLC request for approval to annex +/ acres, combined with +/ acres within Boise City Limits for a total of +/ acres located at 6890 N. Plano Road with zoning designations of R-1A/DA (Single Family Residential with a Development Agreement-2.1 DU/acre) and A-1/DA (Open Land with a Development Agreement); CUP AND CFH /APPEAL/AASE S CANYON POINTE DEVELOPMENT, LLC AND CAPITAL DEVELOPMENT, INC appeal of the Planning and Zoning Commission s denial of Conditional Use and Hillside Development Permits and Subdivision for the Construction of a 155 unit Planned Residential Development on +/- 332 acres located at 6890 N. Plano Road in a proposed R-1A/DA (Single Family Residential with a Development Agreement-2.1 DU/acre) and A-1/DA (Open Space with a Development Agreement 2.1 DU/acre) zones and Plano Road Subdivision, SUB , Preliminary Plat, Boise City proposed residential subdivision with 155 buildable lots and eight common lots located on 322 acres with a density of 2.08 lots per acre located north of W. Hill Road between N. Plano Lane and N. Collister Drive.

13 90 Hal Simmons, Planning and Development Services, presented the staff report. Amanda Horton, Legal Department, answered Council s questions. Robert Burns, applicant representative, 101 S. Capitol Blvd, addressed the Council in support of the appeal. Julie Klocke, Collister Neighborhood Association representative, 4946 N. Contour; Sharon Clawson, Quail Ridge Neighborhood Association, Inc. representative, 5163 N. Quail Summit; Diane McConnaughy, 4315 Castlebar; John Watts, 5954 N. Collister; Stephanie Bacon, 6024 Plano Lane; Brent Smith, 6024 Plano Lane; James Smith, 5840 Collister; Patrick Courtright, 5612 Collister; Ron Karpavich, 9655 Cartwright; Paul Werner, 3014 N. Mountain; Julia Wright, 2902 Hill Road; Michael Jones, 5218 Castle; David Ficks, 5600 Hill Road; Mariah Courtright, 5612 N. Collister and Gene Wortham, 5620 Hill Road, addressed the Council in opposition to the appeal. closed. Mayor BIETER announced that the public hearing was Moved by EBERLE and seconded by JORDAN that CAR /ANNEXATION/DA/AASE S CANYON POINT DEVELOPMENT, LLC request for approval to annex +/ acres, combined with +/ acres within Boise City Limits for a total of +/ acres located at 6890 N. Plano Road with zoning designations of R-1A/DA (Single Family Residential with a Development Agreement-2.1 DU/acre) and A-1/DA (Open Land with a Development Agreement); CUP AND CFH /APPEAL/AASE S CANYON POINTE DEVELOPMENT, LLC AND CAPITAL DEVELOPMENT, INC appeal of the Planning and Zoning Commission s denial of Conditional Use and Hillside Development Permits and Subdivision for the Construction of a 155 unit Planned Residential Development on +/- 332 acres located at 6890 N. Plano Road in a proposed R-1A/DA (Single Family Residential with a Development Agreement-2.1 DU/acre) and A-1/DA (Open Space with a Development Agreement 2.1 DU/acre) zones and Plano Road Subdivision, SUB , Preliminary Plat, Boise City be remanded back to the Planning and Zoning Commission with explicit directions to follow the ordinance and direct Planning and Zoning Commission to specifically address the following issues: 1) Zoning Ordinance which addresses during the annexation buildable lot being zoned as R-1A; 2) base density Zoning Ordinance which sets forth the decision of a buildable lot and reconcile with Zoning

14 91 Ordinance and 3)discuss and clarify density transfer to meet objectives of the Foothills Ordinance YEAS: There being no further business the meeting adjourned at 8:08 o'clock P.M. APPROVE: MAYOR ATTEST: CITY CLERK