BOISE, IDAHO AUGUST 30, Council met in regular session Tuesday, August 30, 2005, Mayor DAVID H. BIETER, presiding.

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1 66 BOISE, IDAHO AUGUST 30, 2005 Council met in regular session Tuesday, August 30, 2005, Mayor DAVID H. BIETER, presiding. Roll call showed the following members present: BISTERFELDT, CLEGG, JORDAN and MAPP. ABSENT: EBERLE and SHEALY. Church. Invocation was given by Pastor Mark Boer, Life Moved by JORDAN and seconded by CLEGG that the minutes from the August 19, 2005, Boise City Council Special Meeting be approved. Moved by JORDAN and seconded by CLEGG that the minutes from the August 23, 2005, Boise City Work Session Meeting be approved. Moved by JORDAN and seconded by CLEGG that the minutes from the August 23, 2005, Boise City Council Meeting be approved. Mayor BIETER announced that this was the time and place set for the Findings for DRH /Appeal/Hale Development.

2 67 Moved by CLEGG and seconded by JORDAN that the Findings for DRH /Appeal/Hale Development be approved as stated. Councilmember JORDAN requested unanimous consent to reschedule the public hearing on CUP /Appeal/Fisher Broadcasting Idaho TV, LLC appeal of the the Planning and Zoning Commissions decision to approve a request for a Conditional Use permit by David Southers to construct a 5-story + basement, mixed-use Planned Unit Development consisting of a below-grade parking structure, +/- 30,000 sq. ft. of office space and 92 residential units on +/ acres located at 1511 W. Idaho Street in a C-2DD (General Commercial with Downtown Design Review) zone. until October 25, 2005 at the appellant s request. Unanimous consent was granted. Council member JORDAN requested unanimous consent to pull items (O-38A-05) and (O-33-05) from tonight s consent agenda for separate discussion. Unanimous consent was granted. Boise City Checks No thru in the total amount of $1,344, as of August 24, 2005 be approved. The Bid Results for RFP : Full Service Elevator/Escalator Maintenance, Aviation and Public Transportation, Safety, and Public Works Department were before Mayor and Council as enumerated in staff report dated August 16, RECOMMENDATION: The Purchasing Division concurs with Aviation and Public Transportation, Safety, and Public Works Department in recommending that RFP : Full Service Elevator/Escalator Maintenance, be awarded to the best

3 68 qualified proposer, ThyssenKrupp, in a total amount not to exceed $59,340. recommendations be followed and the bid be awarded to ThyssenKrupp, in the total contract amount of $59,340. The City Clerk requested the following claims(s) be acknowledged and referred to the office of the Treasurer: a) Mountain Ridge Management, Bruce Saunders, Property Damage b) Mr. and Mrs. Clinton R. Richelieu, Personal Injury c) Kerry Woodard, Personal Injury claim(s) be acknowledged and referred to the office of the Treasurer as requested. The City Clerk requests the following applications for Alcohol Beverage Catering Permits be acknowledged and approved: a) Tablerock Brewpub regarding Art in the Park at the Boise Art Museum from September 9 to September 11, 2005 Alcohol Beverage Catering Permits be acknowledged and approved as requested.

4 69 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) Employee Advisory Committee Minutes, July 20, 2005 b) Board of Park and Recreation Commissioners Minutes, July 21, 2005 c) Airport Fund: Statement of Revenues and Expenditures, Statement of Changes in Financial Position and Statement of Net Assets, July 31, 2005 d) Shop Fund: Statement of Revenues and Expenditures and Statement of Net Assets, July 31, 2005 e) Sewer Fund: Statement of Revenues and Expenditures, Statement of Changes in Financial Position and Statement of Net Assets, July 31, 2005 f) Irrigation Fund: Statement of Revenues and Expenditures and Statement of Net Assets, July 31, 2005 g) Geothermal Fund: Statement of Revenues and Expenditures, Statement of Changes in Financial Position and Statement of Net Assets, July 31, 2005 h) Solid Waste Fund: Statement of Revenues and Expenditures and Statement of Net Assets, July 31, 2005 i) Grove Street Parking Garage: Statement of Revenues and Expenditures and Statement of Net Assets, July 31, 2005 j) Health Care Trust Fund: Statement of Revenues and Expenditures and Statement of Net Assets, July 31, 2005 minutes, reports and requests be received and directed filed in the office of the City Clerk as requested. Proposed ordinance (O-28A-05) by the Council: Titled: AN ORDINANCE (CAR /TRIMONT INVESTMENTS, LLC. FOR PROPERTY LOCATED AT 5901 AND 5950 N. FIVE MILE ROAD)

5 70 AMENDING ZONING CLASSIFICATIONS OF THE CITY OF BOISE CITY TO CHANGE THE CLASSIFICATION OF REAL PROPERTY PARTICULARLY DESCRIBED IN SECTION ONE OF THIS ORDINANCE FROM T-1D (TECHNOLOGICAL INDUSTRIAL WITH DESIGN REVIEW) TO 6.26 ACRES OF C-1D (NEIGHBORHOOD COMMERCIAL WITH DESIGN REVIEW) AND 6.26 ACRES OF C-1D (NEIGHBORHOOD COMMERCIAL WITH DESIGN REVIEW) AND 6.70 ACRES TO L-OD (LIMITED OFFICE WITH DESIGN REVIEW); SETTING FORTH FINDINGS OF FACT IN SUPPORT OF SUCH ZONE CHANGE; AND PROVIDING AN EFFECTIVE DATE, was read for the first time. Proposed ordinance (O-32A-05) by the Council: Titled: AN ORDINANCE APPROVING THE SALE OF APPROXIMATELY 17,398 SQUARE FEET (0.40 ACRES) OF REAL PROPERTY LOCATED UPON OR NEAR COLE ROAD AND AMITY ROAD, AND THE GRANT OF A PERMANENT SLOPE EASEMENT UPON, ALONG OR NEAR COLE ROAD MORE PARTICULARLY DESCRIBED AS REAL PROPERTY LOCATED IN THE SE ¼ OF SECTION 25, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO (THE SUBJECT PROPERTIES), BELONGING TO THE CITY OF BOISE, TO THE ADA COUNTY HIGHWAY DISTRICT, A TAX SUPPORTED GOVERNMENTAL UNIT AND WHICH REAL PROPERTY IS UNDERUTILIZED; APPROVING A WAIVER OF THE READING RULES; APPROVING A SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE, was read for the second and third time. proposed ordinance (O-32A-05) be passed and that the same be numbered Ordinance Moved by JORDAN and seconded by CLEGG that all rules of the Council interfering with the immediate consideration of (O-33-05) be suspended; that the portions of Idaho Code requiring all ordinances to be read on three different days, twice by title and once in full, be dispensed with; and that (O-33-05) be placed before the council for final consideration.

6 71 Proposed ordinance (O-33-05) by the Council: Titled: AN ORDINANCE, ENTITLED THE "ANNUAL APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005," APPROPRIATING $391,484,179 DEEMED NECESSARY TO DEFRAY ALL EXPENSES AND LIABILITIES OF THE CITY OF BOISE CITY, IDAHO, FOR SAID FISCAL YEAR, AUTHORIZING A LEVY OF A SUFFICIENT TAX UPON THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSES FOR WHICH SAID APPROPRIATION IS MADE; PROVIDING A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE, was read for the first, second and third time. Moved by JORDAN and seconded by CLEGG that the proposed ordinance (O-33-05) be passed and that the same be numbered Ordinance Proposed ordinance (O-34-05) by the Council: Titled: AN ORDINANCE AMENDING BOISE CITY CODE TITLE 4, CHAPTER 1, SECTION 14 TO INCREASE THE PLUMBING PERMIT FEES FOR RESIDENTIAL, COMMERCIAL AND INDUSTRIAL PROPERTIES; AMENDING TITLE 4, CHAPTER 2, SECTION 13 TO INCREASE THE FEE FOR A BUILDING PERMIT TRANSFER; AMENDING TITLE 4, CHAPTER 2, SECTION 17 TO INCREASE BUILDING PERMIT, BUILDING INSPECTION AND BUILDING PLAN REVIEW FEES; AMENDING TITLE 4, CHAPTER 2, SECTION 79 TO INCREASE THE FEES FOR FIRE SPRINKLER SYSTEM INSPECTIONS AND PLAN REVIEWS; AMENDING TITLE 4, CHAPTER 2, SECTION 80 TO INCREASE THE FEES CHARGED FOR FIRE ALARM SYSTEM PLAN REVIEWS; AMENDING TITLE 4, CHAPTER 5, SECTION 30 TO INCREASE THE ELECTRICAL PERMIT FEES FOR RESIDENTIAL, COMMERCIAL AND INDUSTRIAL CONSTRUCTION; AMENDING TITLE 4, CHAPTER 9, SECTION 4 TO INCREASE THE PERMIT FEES CHARGED UNDER THE INTERNATIONAL MECHANICAL AND FUEL GAS CODES; APPROVING A SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE, was read for the first time. Proposed ordinance (O-35-05) by the Council:

7 72 Titled: AN ORDINANCE AMENDING PARKING TICKETS AND PROCEDURES, BOISE CITY CODE TO: INCREASE THE FINES CHARGED FOR ENUMERATED PARKING VIOLATIONS; AMENDING TEMPORARY USE PARKING PERMITS AND FEES, BOISE CITY CODE TO: REQUIRE A PERMIT FROM ACHD FOR DUMPSTERS PLACED ON PUBLIC RIGHT OF WAY, IMPOSING REQUIREMENTS ON CONTRACTORS FOR PARKING METER REPLACEMENT, PROVIDING FOR DIRECT APPEAL FROM PARKING CONTROL TO THE CITY COUNCIL, INCREASING THE PERMIT SCHEDULE, AND REMOVING THE PROVISIONS FOR CREDIT SPACE ALLOWANCE; AMENDING PARKING TICKETS AND PROCEDURE, BOISE CITY CODE TO: INCREASE THE FINES CHARGED FOR ENUMERATED PARKING VIOLATIONS; AMENDING DELIVERY PERMITS AND METER HOODS, BOISE CITY CODE TO: PROVIDE FOR APPEAL TO CITY COUNCIL, AND INCREASE FEES FOR METER HOODS; APPROVING A SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE, was read for the first time. Proposed ordinance (O-36-05) by the Council: Titled: FIRST READING OF AN ORDINANCE AMENDING BOISE CITY CODE TITLE 5, CHAPTER 1, SECTION 5, TO ALLOW GOING OUT OF BUSINESS OR CLOSING OUT SALE LICENSE FEES TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING TITLE 5, CHAPTER 4, SECTION 5, TO ALLOW VEHICLE IMMOBILIZATION AGENT CARD LICENSE FEES TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING TITLE 5, CHAPTER 5, SECTION 8, TO ALLOW ALCOHOL RETAILERS LICENSE FEES TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 6, SECTION 8, TO ALLOW SIDEWALK CAFÉ PERMIT FEES TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 9, SECTION 02 TO ALLOW LICENSE FEES FOR SHOWS AND ENTERTAINMENT ACTIVITIES TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 11, SECTION 01, TO ALLOW THE FEES FOR DANCE LICENSES TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 12, SECTION 07, TO ALLOW THE LICENSE FEE FOR VENDORS, SOLICITORS OR CANVASSERS, OR TEMPORARY MERCHANTS TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 16, SECTION 2.04, TO ALLOW THE FEE FOR A PAWNBROKERS LICENSE TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 17, SECTION 6, TO ALLOW THE FEE FOR A PAWNBROKER AUCTIONEERS LICENSE TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE

8 73 TITLE 5, CHAPTER 19, SECTION 09, TO ALLOW THE LICENSE FEES FOR PRIVATE SECURITY SERVICE, PRIVATE PATROL AGENTS, SECURITY ALARM INSTALLATION SERVICES AND SECURITY ALARM INSTALLERS TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 20, SECTION 05, TO ALLOW THE LICENSE FEES FOR PRECIOUS METAL DEALERS TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 21, SECTION 4, TO ALLOW THE FEE FOR A SEPTAGE HAULER OPERATORS LICENSE TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 22, SECTION 8, TO ALLOW THE FEE FOR A CHARITABLE SOLICITATION LICENSE TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 23, SECTION 01, TO ALLOW THE FEE FOR A SPRAYERS LICENSE TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 24, SECTION 04, TO ALLOW THE LICENSE AND TRANSFER FEES FOR THE OWNERS AND OPERATORS OF TAXICABS TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 24, SECTION 05, TO ALLOW THE LICENSE FEE FOR TRANSFERRING A TAXICAB LICENSE TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 25, SECTION 01 TO ALLOW THE LICENSE FEE FOR THEATRES TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 28, SECTION 05, TO ALLOW THE LICENSE FEES FOR VEHICLE ESCORT SERVICES TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 29, SECTION 07, TO ALLOW THE FEE FOR AN EMERGENCY WRECKER LICENSE TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 30, SECTION 04, TO ALLOW THE LICENSE FEE FOR OPERATING AUCTION HOUSES OR CONDUCTING AUCTIONS TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 30, SECTION 13, TO ALLOW THE LICENSE FEE FOR AUCTIONEERS TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING TITLE 5, CHAPTER 33, SECTION 8, TO ALLOW THE LICENSE FEES FOR FAMILY CHILD CARE HOMES, GROUP CHILD CARE HOMES, CHILD CARE CENTERS AND CHILD CARE WORKERS TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 35, SECTION 10, TO ALLOW THE LICENSE FEES FOR MASSAGE ESTABLISHMENTS AND MASSAGISTS TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 36, SECTION 2, TO ALLOW THE LICENSE FEES FOR ESCORT BUREAUS AND ESCORTS TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE

9 74 TITLE 8, CHAPTER 05, SECTION 02, TO ALLOW THE RESTAURANT LICENSE FEE TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 2, SECTION 3 TO ALLOW FOR A LICENSE PROCESSING FEE TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; ; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 6, SECTION 11, TO ALLOW THE LICENSE FEES FOR SIDEWALK CAFÉ PERMIT TRANSFERS TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 9, SECTION 10, TO ALLOW THE LICENSE FEES FOR MERRY-GO-ROUND OR RIDING GALLERIES TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 12, SECTION 6, TO ALLOW THE VENDOR INVESTIGATION FEES TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 29, SECTION 8, TO DELETE WRECKER INSPECTION FEES; PROVIDING AN ORDINANCE EFFECTIVE DATE; AND APPROVING A SUMMARY OF THE ORDINANCE, was read for the first time. Moved by JORDAN and seconded by CLEGG that all rules of the Council interfering with the immediate consideration of (O-38A-05) be suspended; that the portions of Idaho Code requiring all ordinances to be read on three different days, twice by title and once in full, be dispensed with; and that (O-38A-05) be placed before the council for final consideration. Proposed ordinance (O-38A-05) by the Council: Titled: AN ORDINANCE FIXING THE SALARY COMPENSATION FOR BOISE CITY COUNCILMEMBERS; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE, was read for the first, second and third time. Moved by JORDAN and seconded by CLEGG that the proposed ordinance (O-38A-05) be passed and that the same be numbered Ordinance 6415.

10 75 Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING A HOUSING REHABILITATION LOAN FOR FLORENCE S. CLARK, FOR REAL PROPERTY LOCATED AT 2029 S. CURTIS ROAD, BOISE, IDAHO; THROUGH HE DIVISION OF HOUSING AND COMMUNITY DEVELOPMENT THROUGH THE DEPARTMENT OF PLANNING AND DEVELOPMENT SERVICES; 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 AN AGREEMENT BETWEEN THE CITY OF BOISE CITY AND NEIGHBORHOOD HOUSING SERVICES, INCORPORATED, FOR THE USE OF HOME INVESTMENT PARTNERSHIPS ACT GRANT FUNDS TO PROVIDE AFFORDABLE RENTAL HOUSING FOR VERY LOW, LOW, AND MODERATE-INCOME BOISE CITY RESIDENTS: THROUGH THE DEPARTMENT OF PLANNING AND DEVELOPMENT SERVICES; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT; 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:

11 76 Titled: A RESOLUTION VACATING AN UNOPENED PUBLIC STREET RIGHT-OF-WAY AND PUBLIC UTILITIES EASEMENT LOCATED WITHIN BLOCKS 1-4 OF THE ELDER SUBDIVISION AS FILED AND RECORDED WITH THE ADA COUNTY RECORDER IN BOOK 13 OF PLATS AT PAGE 824, LOCATED IN THE NORTH ½ OF THE NORTHEAST ¼ OF SECTION 28. T.3N., R.2E., B.M., ADA COUNTY; 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 THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF BOISE CITY, AMENDMENT NUMBER THREE TO RFP ; PROFESSIONAL ENGINEERING SERVICES; WEST BOISE WASTE WATER TREATMENT FACILITY DIGESTION IMPROVEMENT, PUBLIC WORKS DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND MWH, AMERICAS, INC.; 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 THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF BOISE CITY, A RENEWAL OF RFP ; MISCELLANEOUS WELL DRILLING AND WATER DEVELOPMENT ENGINEERING SERVICES, PUBLIC WORKS DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND SPF WATER ENGINEERING; AND PROVIDING AN EFFECTIVE DATE, was read in full.

12 77 proposed resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF BOISE CITY, AN AGREEMENT FOR RFP ; FULL SERVICE ELEVATOR/ESCALATOR MAINTENANCE, AVIATION AND PUBLIC TRANSPORTATION, SAFETY AND PUBLIC WORKS DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND THYSSENDRUPP ELEVATOR; 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 AN AGREEMENT BY AND BETWEEN THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT) AND THE ADA COUNTY HIGHWAY DISTRICT FOR THE CONSTRUCTION OF SOUTHWEST RELIEF SEWER, PHASE 3 (STAGE 2), CSP SWS-135, FROM FRANKLIN TO FAIRVIEW ON CLOVERDALE; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT 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

13 78 Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING THE TERMS AND CONDITIONS OF A GRANT AGREEMENT (PROJECT NUMBER ) AND CONTRACT NUMBER DOT-FA05NM-0092 BETWEEN THE UNITED STATES OF AMERICA ACTING THROUGH THE FEDERAL AVIATION ADMINISTRATION AND THE CITY OF BOISE CITY FOR PROCUREMENT OF SECURITY EQUIPMENT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID GRANT AGREEMENT AND CONTRACT AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution Mayor BIETER announced that this was the time and place set for a public hearing on Property Conveyance Declaring the intent of the City of Boise City, by and through its Parks and Recreation Department to exchange real property located on or near Maple Grove Road and Mountain View Drive contiguous to the Hyatt Hidden Lakes Reserve with the Ada County Highway District. Tom Governale, Parks and Recreation Department, There was no one in the audience to testify on this issue. closed. Mayor BIETER announced that the public hearing was Mayor BIETER announced that this was the time and place set for a public hearing on CAR /Rezone/M&H Development, LLC requests for approval of a rezone of 2.48 acres from R-1A (Single Family Residential) and A (Open Land) to N-OD (Neighborhood Office with Design Review) and a rezone of 4.86 acres from R-1A (Single Family Residential with a maximum allowable density of 2.1 units per acre) and A (Open Land) to R-1C (Single Family Residential with a

14 79 maximum allowable density of 8.0 units per acre) at 4255, 4305 and 4405 N. Eagle Road. Hal Simmons, Planning and Development Services, Daniel G. Gibson, Highway 26, Caldwell and Joseph Edwards, 1018 Longmont, spoke in opposition to the rezone. closed. Mayor BIETER announced that the public hearing was Moved by JORDAN and seconded by CLEGG that CAR /Rezone/M&H Development, LLC request for approval of a rezone of 2.48 acres from R-1A (Single Family Residential) and A (Open Land) to N-OD (Neighborhood Office with Design Review) and a rezone of 4.86 acres from R-1A (Single Family Residential with a maximum allowable density of 2.1 units per acre) and A (Open Land) to R-1C (Single Family Residential with a maximum allowable density of 8.0 units per acre) at 4255, 4305 and 4405 N. Eagle Road be approved. Councilmember JORDAN requested unanimous consent to defer the public hearing on CAR /Warm Springs Enterprises, LLC request for approval of the following amendments to the Boise Comprehensive Plan 1) to change the location of the subject property from the Foothills Planning Area to the North End/East End Planning Area; 2) to change the land use designation from Foothills/Slope Protection to Medium Density Residential; and 3) to add a policy to Chapter 8 Objective 16, that would further define the land use for the subject property located generally at 2390 E. and 2470 E. Warm Springs Avenue until a date certain of October 4, 2005 at the applicant s request. Unanimous consent was granted. Fallingbrook Condominiums SUB request for Time Extension for Final Plat Certification by the Boise City Engineer, was before Mayor and Council. Dave Abo, Planning and Development Services,

15 80 Moved by CLEGG and seconded by JORDAN that Fallingbrook Condominiums SUB request for Time Extension for Final Plat Certification by the Boise City Engineer, be granted as requested subject to conditions stated in staff report dated August 23, Gemstar Properties, LLC SOS request for street name change of South Wasdale Avenue to South Lough's Way (located between South Morrow Avenue and South Plumbdale Avenue, in the Cumberland Heights Subdivision) was before Mayor and Council. Dave Abo, Planning and Development Services, Moved by CLEGG and seconded by JORDAN that Gemstar Properties, LLC SOS request for street name change of South Wasdale Avenue to South Lough's Way (located between South Morrow Avenue and South Plumbdale Avenue, in the Cumberland Heights Subdivision) be granted as requested subject to conditions stated in staff report dated August 19, Stanley Consultants SOS requests the street name change of West Hoffman Drive to West Brogan Drive (located south of Lake Hazel Road between South Acacia Avenue and South Sea Breeze Way and west of South Sea Breeze Way) was before Mayor and Council. Dave Abo, Planning and Development Services, Moved by MAPP and seconded by JORDAN that Stanley Consultants SOS requests the street name change of West Hoffman Drive to West Brogan Drive (located south of Lake Hazel Road between South Acacia Avenue and South Sea Breeze Way and west of South Sea Breeze Way) be granted as requested subject to conditions stated in staff report dated August 19, 2005.

16 81 Daybreak Development, LLC SOS request for a vacation of easement for Public Utilities, Irrigation and Drainage located on Lots 11, and 12, Block 2 of Daybreak Subdivision was before Mayor and Council. Dave Abo, Planning and Development Services, Moved by JORDAN and seconded by CLEGG that Daybreak Development, LLC SOS request for a vacation of easement for Public Utilities, Irrigation and Drainage located on Lots 11, and 12, Block 2 of Daybreak Subdivision be granted as requested subject to conditions stated in staff report dated August 22, Stonehouse Subdivision SUB request for Final Plat was before Mayor and Council. Dave Abo, Planning and Development Services, Moved by CLEGG and seconded by JORDAN that Stonehouse Subdivision SUB request for Final Plat be granted as requested subject to conditions stated in staff report dated August 22, Milford Creek Subdivision SUB request for Preliminary Plat was before Mayor and Council. Hal Simmons, Planning and Development Services, Moved by JORDAN and seconded by CLEGG that Milford Creek Subdivision SUB request for Preliminary Plat

17 82 be granted as requested with the condition that it comply with the Planning and Zoning Commission conditions for modifications to Lots 1, 2, 3, 4, 5, 8 and 9, Block 4. YEAS: CLEGG, JORDAN and MAPP. NAYS: BISTERFELDT McKinney Condominiums SUB request for Final Plat was before Mayor and Council. Dave Abo, Planning and Development Services, Moved by JORDAN and seconded by CLEGG that McKinney Condominiums SUB request for Final Plat be granted as requested subject to conditions stated in staff report dated August 23, There being no further business the meeting adjourned at 8:37 o'clock P.M. APPROVE: MAYOR ATTEST: CITY CLERK