BOISE, IDAHO JULY 12, Council met in regular session Tuesday, JULY 12, 2011, Mayor DAVID H. BIETER, presiding.

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1 199 BOISE, IDAHO Council met in regular session Tuesday, JULY 12, 2011, Mayor DAVID H. BIETER, presiding. Roll call showed the following members present: CLEGG, EBERLE, JORDAN and THOMSON. Absent: MCLEAN and SHEALY. Invocation was given by Alex Charlton, Clerk. Moved by JORDAN and seconded by CLEGG that the minutes from the June 27 and 28, 2011, Boise City Budget Workshop Meeting be approved as amended. Moved by JORDAN and seconded by CLEGG that the minutes from the June 28, 2011, Boise City Council Meeting be approved. Moved by JORDAN and seconded by EBERLE to amend the City Council Agenda, Section 5, Special Business, to add the following item Purchasing Brief Determination of Intent to Award, RFP ; Custom Harvesting. Purchasing Brief Determination of intent to Award, RFP , Custom Harvesting, was before Mayor and Council. report. Dennis Ryal, Purchasing presented the staff

2 200 Moved by THOMSON and seconded by JORDAN that Purchasing Brief Determination of intent to Award, RFP , Custom Harvesting, be awarded as requested subject to conditions stated in the staff report. Mayor BIETER announced that it was the time and place set for the appointment of Danielle Weaver to the Historic Preservation Commission to fill a vacant three year term ending October 25, that the appointment of Danielle Weaver to the Historic Preservation Commission to fill a vacant three year term ending October 25, 2013 be approved. Mayor BIETER announced that it was the time and place set for the appointment of Timothy R. Day to the Development Impact Fee Advisory Committee for a four year term ending May 31, that the appointment of Timothy R. Day to the Development Impact Fee Advisory Committee for a four year term ending May 31, 2015 be approved. Mayor BIETER announced that it was the time and place set for the appointment of Geoffrey L. Johnson to the Fire Prevention Code Board of Appeals to fill a vacant four year term ending April 12, that the appointment of Geoffrey L. Johnson to the Fire Prevention Code Board of Appeals to fill a vacant four year term ending April 12, 2014 be approved.

3 201 Mayor BIETER announced that it was the time and place set for the appointment of Ken Webster to the Fire Prevention Code Board of Appeals to serve a four year term ending April 12, that the appointment of Ken Webster to the Fire Prevention Code Board of Appeals to serve a four year term ending April 12, 2015 be approved. Mayor BIETER announced that it was the time and place set for the appointment of William R. Morgan to the Fire Prevention Code Board of Appeals to fill a vacant four year term ending April 12, that the appointment of William R. Morgan to the Fire Prevention Code Board of Appeals to fill a vacant four year term ending April 12, 2013 be approved. Mayor BIETER announced that this was the time and place set for a protest hearing for RFP Boise Airport Overhead Door Maintenance. Dennis Ryal, Purchasing and Mike King, Aviation Department, presented the staff report. Michael J. Beltrami, Crawford Door Sales, 2116 N 30 th St, Addressed the Council in support of protest for RFP Boise Airport Overhead Door Maintenance. Moved by EBERLE and seconded by JORDAN to deny Protest on RFP Boise Airport Overhead Door Maintenance. Substitute motion by JORDAN and seconded by CLEGG that RFP ; Boise Airport Overhead Door Maintenance Protest be remanded back to staff for a thorough staffing analysis, cost analysis and the protest be brought back to Council. follows: Roll call on the substitute motion resulted as

4 202 Boise City Checks No thru in the total amount of $2,111, as of June 29, 2011 be approved. Boise City Checks No thru in the total amount of $2,158, as of July 6, 2011be approved. The Bid Results for F/B ; Taxiway A and D Reconstruction, Aviation Department were before Mayor and Council as enumerated in staff report dated June 22, RECOMMENDATION: The Department of Finance and Administration Division concurs with Aviation Department in recommending that F/B ; Taxiway A and D Reconstruction be awarded to the lowest responsive and responsible bidder, Central Paving Inc., in a total amount not to exceed $1,145, recommendations be followed and the bid be awarded to Central Paving Inc. in the total contract amount of $1,145,800.00, subject to compliance with bonding and insurance requirements. The Bid Results for F/B ; Street Reconstruction, Aviation Department were before Mayor and Council as enumerated in staff report dated June 28, RECOMMENDATION: The Department of Finance and Administration Division concurs with Aviation Department in recommending that F/B ; Street Reconstruction be

5 203 awarded to the lowest responsive and responsible bidder with significant local preference Central Paving Company Inc., in a total amount not to exceed $218, recommendations be followed and the bid be awarded to the lowest responsive and responsible bidder with significant local preference Central Paving Company Inc. in the total contract amount of $218,489.07, subject to compliance with bonding and insurance requirements. Reject All Bids, F/B ; Disc/Ripper Tillage system, Public Works Department were before Mayor and Council as enumerated in staff report dated June 30, RECOMMENDATION: The Department of Finance and Administration Division concurs with Public Works Department in rejecting all bids. recommendations be followed and all bids be rejected. Authorization to Procure CP ; One 1500 Gallon Aircraft Rescue and Fire Fighting (ARFF) Vehicle off of Idaho Falls Regional Airport s contract AIP , were before Mayor and Council as enumerated in staff report dated June 16, RECOMMENDATION: The Department of Finance and Administration Division concurs with Aviation Department in recommending Authorization to Procure CP ; One 1500 Gallon Aircraft Rescue and Fire Fighting (ARFF) Vehicle off of Idaho Falls Regional Airport s contract AIP , Oshkosh Truck Corporation, in a total amount not to exceed $654, recommendations be followed and Authorization to Procure CP ; One 1500 Gallon Aircraft Rescue and Fire Fighting (ARFF) Vehicle off of Idaho Falls Regional Airport s

6 204 contract AIP , to Oshkosh Truck Corporation, in the total contract amount of $654, Sole Source, SS were before Mayor and Council as enumerated in staff report dated June 23, RECOMMENDATION: The Department of Finance and Administration Division concurs with legal Department in recommending that Sole Source, SS be awarded to Thomson Reuters (WestLaw), in a total amount not to exceed $112,505. recommendations be followed and the Sole Source, SS be awarded to Thomson Reuters (WestLaw) in the total contract amount of $112,505. The City Clerk requested the following claims(s) be acknowledged and referred to the office of the Treasurer: a) Bejza Hrncic, Personal Injury b) GEICO as subrogee for Phetsamay Nhouivisa, Personal Injury c) John O Kief, Property Damage claim(s) be acknowledged and referred to the office of the Treasurer as requested. The City Clerk requested August 30, 2011, in Council Chambers be confirmed for a public hearing on:

7 205 a) DRH / Landmark Request / Masonic Temple Association Request for Local landmark at 215 N. 10th Street Moved by JORDAN and seconded by EBERLE that August 30, 2011 in Council Chambers be confirmed as requested. 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) Boise City Building Construction Report, June 2011 b) Historic Preservation Commission Minutes, May 23, 2011 c) Sole Source Purchase; Software Licenses, Fire Department d) Sole Source Purchase; Computer Assisted Legal Research Service, Legal Department e) Sole Source Purchase; Turblex Blower Parts and Service, Public Works Department 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 APPROVING A SALES CONTRACT BY AND BETWEEN THE CITY OF BOISE CITY, BY AND THROUGH ITS HOUSING AND COMMUNITY DEVELOPMENT DIVISION, AS PURCHASER, AND BAC HOME LOANS SERVICING LP, A TEXAS LIMITED PARTNERSHIP, AS SELLER, FOR REAL PROPERTY LOCATED AT 1152 LAFAYETTE, BOISE, ADA COUNTY, IDAHO; RATIFYING THE PREVIOUS EXECUTION OF THE AGREEMENT AS PERMITTED BY THE CITY COUNCIL ON OR ABOUT AUGUST 11, 2009; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST ANY AND ALL DOCUMENTS NECESSARY TO

8 206 COMPLETE THE PURCHASE OF SAID PROPERTY; 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 FOR FB STREET RECONSTRUCTION BETWEEN THE CITY OF BOISE CITY (AVIATION DEPARTMENT) AND CENTRAL PAVING COMPANY INC.; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY 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: Titled: A RESOLUTION APPROVING AN AGREEMENT FOR CP : AIRCRAFT RESCUE AND FIRE FIGHTING (ARFF) VEHICLE, IDAHO FALLS REGIONAL AIRPORT S CONTRACT AIP , BETWEEN THE CITY OF BOISE CITY (AVIATION DEPARTMENT) AND OSHKOSH TRUCK CORPORATION; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY 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

9 207 Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING AN AGREEMENT FOR FB TAXIWAY A AND D RECONSTRUCTION BETWEEN THE CITY OF BOISE CITY (AVIATION DEPARTMENT) AND CENTRAL PAVING COMPANY INC.; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY 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: Titled: A RESOLUTION APPROVING CHANGE ORDER/CONTRACT AMENDMENT NUMBER 1 TO RFP (A); ELEVATOR AND ESCALATOR MAINTENANCE SERVICES, BETWEEN THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT) AND SCHINDLER ELEVATOR CORPORATION; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID CHANGE ORDER/CONTRACT AMENDMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full. Moved by JORDAN and seconded by EBERLE the proposed resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council:

10 208 Titled: A RESOLUTION APPROVING CHANGE ORDER NUMBER 2 TO RFP ; ERP OWNERS REPRESENTATIVE BETWEEN THE CITY OF BOISE CITY (INFORMATION TECHNOLOGY DEPARTMENT) AND LAWSON SOFTWARE AMERICAS, INC.; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID CHANGE ORDER; 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 AMENDED CROSSING AGREEMENT BY AND BETWEEN THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT) AND THE UNITED STATES DEPARTMENT OF INTERIOR BUREAU OF RECLAMATION FOR A SEWER CROSSING OF THE TEN MILE FEEDER CANAL, SWS-221; 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 Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING AMENDMENT NO. 1 TO LEASE AGREEMENT BY AND BETWEEN THE CITY OF BOISE CITY, FIRE DEPARTMENT, MICHAEL G. KALTENECKER AND TERRI LYNN KALTENECKER; AND PROVIDING AN EFFECTIVE DATE, was read in full.

11 209 proposed resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING AN AMENDMENT NUMBER ONE FOR RFP ; AMUSEMENT CONCESSION OPERATING AGREEMENT BETWEEN BOISE CITY (DEPARTMENT OF AVIATION) AND INGLIS COIN MACHINE SERVICE COMPANY; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AMENDMENT 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 Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING CHANGE ORDER NUMBER ONE TO DEVELOPMENT AGREEMENT NO. 4 (MARIANNE WILLIAMS PARK) BETWEEN THE CITY OF BOISE CITY, BY AND THROUGH ITS DEPARTMENT OF PARKS AND RECREATION, AND BRIGHTON CORPORATION, AND BARBER MILL INVESTMENTS, LLC; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID CHANGE ORDER; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution

12 210 Tianna Park, SUB , Final Plat, Boise City (proposed residential subdivision with 15 buildable lots and two common lots located on 2.39 acres with a density of 6.28 dwelling units per acre located at the northeast corner of S. Holden Lane and E. Boise Avenue), Final Plat, was before Mayor and Council. Moved by JORDAN and seconded by EBERLE that Tianna Park, SUB , Final Plat be granted as requested subject to conditions stated in the staff report. that all ordinances on first reading be read by number and title only and filed for the Second Reading Calendar. Proposed ordinance (O-21-11) by the Council: Titled: AN ORDINANCE IN ACCORDANCE WITH IDAHO CODE , AND A GRANTING A FRANCHISE TO IDAHO POWER COMPANY, A CORPORATION, AND TO ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, MAINTAIN AND OPERATE IN AND UPON THE PRESENT AND FUTURE STREETS, HIGHWAYS AND OTHER PUBLIC PLACES WITHIN THE CORPORATE LIMITS OF THE CITY OF BOISE, IDAHO, ELECTRIC UTILITY PROPERTY AND FACILITIES FOR SUPPLYING ELECTRICITY AND ELECTRIC SERVICE TO THE CITY, THE INHABITANTS THEREOF, AND OTHERS FOR A TERM OF 20 YEARS, INCLUDING THE NONEXCLUSIVE RIGHT TO PHYSICALLY LOCATE AND MAINTAIN TELEPHONE, CABLE, FIBER OPTICS OR OTHER COMMUNICATIONS FACILITIES; SETTING FORTH AN AGREEMENT NOT TO COMPETE, RESERVING POWER OF EMINENT DOMAIN; PROVIDING FOR THE PAYMENT OF FRANCHISE FEES; AND SPECIFYING OTHER LIMITATIONS, TERMS AND CONDITIONS GOVERNING THE EXERCISE OF SAID FRANCHISE; AND PROVIDING AN EFFECTIVE DATE, was read for the first time. that all ordinances on second reading be read by number and title only and filed for the Third Reading Calendar.

13 211 Proposed ordinance (O-19-11) by the Council: Titled: AN ORDINANCE (ZOA / CITY OF BOISE) AMENDING TITLE 11, CHAPTER 1, SECTION 3.01 AND TITLE 11, CHAPTER 4, SECTION 5.04, BOISE CITY CODE TO DEFINE AND CREATE ALLOWANCES FOR PERSONAL SERVICES, MASSAGE ESTABLISHMENTS, TATTOO PARLORS, AND BODY PIERCING ESTABLISHMENTS; AND PROVIDING AN EFFECTIVE DATE, was read for the second time. Proposed ordinance (O-20-11) by the Council: Titled: AN ORDINANCE (ZOA / CITY OF BOISE) TO REPEAL AND REENACT TITLE 11, CHAPTER 5, SECTION 2 (HOME OCCUPATIONS) BOISE CITY CODE; AND PROVIDING AN EFFECTIVE DATE, was read for the second time. Hickories East Subdivision No. 2, SUB , Preliminary Plat, Boise City (proposed residential subdivision with 30 residential lots and three common lots located on acres with a density of 2.27 dwelling units per acre located on the east side of N. Farrow Street between W. Treeline Court and N. Hickory Drive), was before Mayor and Council. Todd Tucker and Hal Simmons, Planning and Development Services, presented the staff report. Mike Wardle and David Turnbull, Brighton Corporation, W. Explorer Dr., Boise, Idaho, addressed the Council in support of the Subdivision. Moved by CLEGG and seconded by JORDAN to approve Hickories East Subdivision No. 2, SUB , Preliminary Plat with additional condition that Fifeshire be connected to Skycrest. YEAS: JORDAN and CLEGG. NAYS: EBERLE and THOMSON. Tie vote, Mayor BIETER votes NAY. Motion failed.

14 212 Moved by EBERLE to approve Hickories East Subdivision No. 2, SUB , Preliminary Plat. Motion dies for lack of second. Moved by THOMSON to remand Hickories East Subdivision No. 2, SUB , Preliminary Plat back to staff for reassessment. Motion dies for lack of second Moved by EBERLE and seconded by JORDAN that Hickories East Subdivision No. 2, SUB , Preliminary Plat, Boise City (proposed residential subdivision with 30 residential lots and three common lots located on acres with a density of 2.27 dwelling units per acre located on the east side of N. Farrow Street between W. Treeline Court and N. Hickory Drive) be granted as requested subject to conditions stated in the staff report. YEAS: EBERLE, JORDAN and THOMSON. NAYS: CLEGG. Motion carries. that we direct staff to work with Ada County Highway District to develop an inventory of existing stub streets adjacent to developable property in Boise city limits and convene discussion with Ada County Highway District that will allow the City to develop consistent and applicable policies regarding stub street extensions of inventoried lots. Councilmember EBERLE requested unanimous consent that staff develop a methodology for a connectivity index and present at a future council work session. Mayor BIETER announced that this was the time and place set for a public hearing on CVA /APPEAL/MISTER CAR WASH Appeal of the Planning and Zoning Commission s denial of a variance to place vacuums within the front and

15 213 street-side setbacks of property located at 1790 S. Broadway in a C-2D (General Commercial with Design Review) zone. Hal Simmons, Planning and Development Services, presented the staff report. Dave Ale, Mister Carwash, 9421 SW Soldiers Trail, Tucson, AZ, addressed the Council in support of the appeal. closed. Mayor BIETER announced that the public hearing was Moved by JORDAN and seconded by CLEGG that CVA /APPEAL/MISTER CAR WASH Appeal of the Planning and Zoning Commission s denial of a variance to place vacuums within the front and street-side setbacks of property located at 1790 S. Broadway in a C-2D (General Commercial with Design Review) zone be denied and the Planning and Zoning Commission s decision be upheld. Moved by JORDAN and seconded by CLEGG that the Boise City Council meeting be adjourned at 7:23 o'clock P.M. YEAS: CLEGG, EBERLE, JORDAN and THOMSON. APPROVE: MAYOR ATTEST: CITY CLERK