BOISE, IDAHO JANUARY 31, Council met in regular session Tuesday, January 31, 2006, Mayor DAVID H. BIETER, presiding.

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1 181 BOISE, IDAHO Council met in regular session Tuesday, January 31, 2006, Mayor DAVID H. BIETER, presiding. Roll call showed the following members present: Invocation was given by Annette P. Mooney, Boise City Clerk. Moved by EBERLE and seconded by BISTERFELDT that the minutes from the January 24, 2006, Boise City Council Meeting be approved. YEAS: BISTERFELDT, EBERLE, JORDAN, SHEALY and TIBBS. ABSTAIN: CLEGG. Mayor BIETER announced that it was the time and place set for the reappointment of Gene Fadness to the Boise City Planning and Zoning Commission for a four-year term expiring January 231, reappointment of Gene Fadness to the Boise City Planning and Zoning Commission for a four-year term expiring January 231, 2010 be approved. YEAS: Boise City Checks No thru in the total amount of $1,348, as of January 25, 2006 be approved. YEAS:

2 182 The Bid Results for RFP : Construction Management Services at the Boise Airport, Aviation and Public Transportation Department were before Mayor and Council as enumerated in staff report dated January 17, RECOMMENDATION: The Purchasing Division concurs with Aviation and Public Transportation Department in recommending that RFP : Construction Management Services at the Boise Airport be awarded to the best qualified proposer, Heery International, Inc., in a total amount not to exceed $723,678. recommendations be followed and the bid be awarded to Heery International, Inc., in a total amount not to exceed $723,678, subject to compliance with bonding and insurance requirements. YEAS: The City Clerk requested the following claims(s) be acknowledged and referred to the office of the Treasurer: a) Terrence Matthews, Personal Injury claim(s) be acknowledged and referred to the office of the Treasurer as requested. YEAS: Councilmember CLEGG requested unanimous consent that Miscellaneous Business, Item 7D, be held from tonight's Consent agenda for separate discussion. Unanimous consent was granted. The City Clerk requested March 7, 2006, in Council Chambers be confirmed for a public hearing on:

3 183 a) CAR /City of Boise requests approval to amend the Boise Area of Impact Boundaries; amend the Planning Area Boundaries and Boise Comprehensive Plan Land Use Map; and amend the text of the Foothills Policy Plan for the area east of the Boise Area of Impact east along the north side of Highway 21 to the section line of T.2N., R.3E., then north to the Idaho Fish and Game Boise River Wildlife Management Area. Moved by JORDAN and seconded by CLEGG that February 22, 2006 in Council Chambers at 6:00 p.m. for a special meeting be confirmed. YEAS: The City Clerk requested March 14, 2006, in Council Chambers be confirmed for a public hearing on: a) CAR /Rezone/Bart Griffin requests a rezone from R-1B (Single Family Residential) to R-2D (Combined Residential with Design Review) for 1.73 acres located at 3078 N. Mitchell Street and 3061 N. Linda Vista Lane. b) CAR /DA/Rezone/Gateway Office Building, LLC requests approval for a rezone of 0.21 acres located at 2215 W. State Street from R-2 (Combined Residential) to N-OD/DA (Neighborhood Office with Design Review and a Development Agreement). c) CAR /DA/Annexation/McClure Enterprises requests approval of an annexation of 5.02 acres located at 8205 W. Targee Street with a Development Agreement with a zoning designation of R-1B (Single Family Residential). d) CAR /Rezone/Nemec Construction requests approval for a rezone of 1.59 acres located at 85 N. Hartman Street from M-1D (Limited Industrial with Design Review) to R- 2D (Combined Residential with Design Review). e) CUP /Special Exception/Church of the Harvest requests approval of a Special Exception to operate a church in an industrial zone within an existing building located at 8757 W. Emerald Street in an M-1D (Limited Industrial with Design Review) zone.

4 184 Moved by JORDAN and seconded by CLEGG that March 14, 2006 in Council Chambers be confirmed as requested. YEAS: The City Clerk requested April 4, 2006, in Council Chambers be confirmed for a public hearing on: a) CAR /Rezone/Dyver Development, LLC requests approval for a rezone of acres located at 9840 W. Overland Road from A (Open Land) to R-2D (Combined Residential with Design Review) for acres and a rezone from A (Open Land) to PC-D/DA (Pedestrian Commercial with Design Review and a Development Agreement) for 6.07 acres. b) DRH /Appeal/Don Watts, et. al. are appealing the Historic Preservation Commission's decision to approve the request of Brad Parsons to demolish a 2-car garage and replace it with a 1-story with basement, 1,728 sq. ft. single family residence with a 2-car garage and a pad for parking at the residence to remain on property located at 2300 N. 20 th Street in an R-1CH (Single Family Residential with Historic Preservation Zone). Moved by JORDAN and seconded by CLEGG that April 4, 2006 in Council Chambers be confirmed as requested. YEAS: 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) Ethics Commission Minutes, December 8, 2005 b) Board of Parks and Recreation Commissioners Minutes, December 15, 2005 c) Public Safety Liaison Team Minutes, December 22, 2005 d) Health Care Trust Fund: Statement of Net Assets and Statement of Revenues, Expenses

5 185 and Changes in Fund Net Assets, December 31, 2005 e) Sole Source Recommendation: Planning and Development Services Department, Ove Arup & Partners California Ltd. FO3 for transportation analysis minutes, reports and requests be received and directed filed in the office of the City Clerk as requested. YEAS: Proposed resolution (R-31-06) by the Council: Titled: A RESOLUTION ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM AS THE CITY OF BOISE STANDARD FOR INCIDENT MANAGEMENT AND RESPONSE; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-31-06) be adopted and that same be numbered Resolution YEAS: Proposed resolution (R-36-06) by the Council: Titled: A RESOLUTION VACATING THE SOUTHERN 1.17 FEET OF AN 18-FOOT NON-EXCLUSIVE FARMERS UNION CANAL MAINTENANCE EASEMENT AND THE NORTHERN 5.07 FEET OF A 10-FOOT PUBLIC UTILITIES EASEMENT LOCATED ON LOT 4, BLOCK 1 OF THE INTREPID SUBDIVISION AS FILED AND RECORDED WITH THE ADA COUNTY RECORDER IN BOOK 92 OF PLATS AT PAGE 10991, LOCATED IN THE NORTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 29, T.4N., R.2E., B.M., ADA COUNTY, was read in full. proposed resolution (R-36-06) be adopted and that same be numbered Resolution

6 186 YEAS: Proposed resolution (R-37-06) by the Council: Titled: A RESOLUTION (CAR ) TO AMEND THE BOISE CITY COMPREHENSIVE PLAN LAND USE MAP TO CHANGE THE DESIGNATION OF 14.5 (+/-) ACRES FROM "FOOTHILLS SLOPE PROTECTION" TO "LOW DENSITY FOUR DWELLING UNITS PER ACRE" RESIDENTIAL, TO CHANGE THE SITE'S PLANNING AREA DESIGNATION TO THE NORTH/EAST END, AND ADD LAND USE POLICIES IN CHAPTER EIGHT FOR THE SUBJECT PROPERTY, FOR WARM SPRINGS ENTERPRISES LLC, FOR PROPERTY LOCATED GENERALLY AT 2570 WARM SPRINGS AVENUE, AND AS SHOWN IN EXHIBIT A; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-37-06) be adopted and that same be numbered Resolution YEAS: Proposed resolution (R-38-06) by the Council: Titled: A RESOLUTION VACATING THE TEN-FOOT PUBLIC UTILITIES, IRRIGATION, AND DRAINAGE EASEMENTS LOCATED BETWEEN LOTS 5 AND 6, LOTS 6 AND 7, AND LOTS 7 AND 8 WITHIN BLOCK 1, AND THE FORTY-FOOT ACCESS EASEMENT BETWEEN LOTS 7 AND 8 WITHIN BLOCK 1 OF THE NORTH TOWNE SQUARE SUBDIVISION AS FILED AND RECORDED WITH THE ADA COUNTY RECORDER IN BOOK 56 OF PLATS AT PAGES 5155 AND 5156, AND LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF RIFLEMAN STREET AND EMERALD STREET, BOISE, ADA COUNTY; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-38-06) be adopted and that same be numbered Resolution

7 187 YEAS: Proposed resolution (R-39-06) by the Council: Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF BOISE CITY, CHANGE ORDER NUMBER 1 F/B ; TIRES AND TIRE MAINTENANCE SERVICES, AVIATION AND PUBLIC TRANSPORTATION DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND JACK'S TIRE AND OIL; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-39-06) be adopted and that same be numbered Resolution YEAS: Proposed resolution (R-40-06) 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 ; CONSTRUCTION MANAGEMENT SERVICES; AVIATION & PUBLIC TRANSPORTATION, BETWEEN THE CITY OF BOISE CITY AND HEERY INTERNATIONAL, INC.; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-40-06) be adopted and that same be numbered Resolution YEAS: Proposed resolution (R-41-06) by the Council:

8 188 Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF BOISE CITY, CHANGE ORDER NUMBER 1 04-CON-144; HOCKEY OFFICIATING SERVICES, PARKS AND RECREATION DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND TREASURE VALLEY ICE HOCKEY OFFICIALS ASSOCIATION; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-41-06) be adopted and that same be numbered Resolution YEAS: Proposed resolution (R-42-06) by the Council: Titled: A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BOISE THROUGH THE BOISE POLICE DEPARTMENT, AND THE ADA COUNTY SHERIFF'S DEPARTMENT TO SHARE THE 2006 BYRNE JUSTICE ASSISTANCE GRANT AWARD; AUTHORIZING THE MAYOR TO EXECUTE SAID MEMORANDUM OF UNDERSTANDING; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-42-06) be adopted and that same be numbered Resolution YEAS: Proposed resolution (R-44-06) by the Council: Titled: A RESOLUTION APPROVING A HOUSING REHABILITATION LOAN FOR RUTH MERRILL, FOR REAL PROPERTY LOCATED AT 2017 BROXON STREET, BOISE, IDAHO; THROUGH THE HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF THE DEPARTMENT OF PLANNING AND DEVELOPMENT SERVICES; AND PROVIDING AN EFFECTIVE DATE, was read in full.

9 189 proposed resolution (R-44-06) be adopted and that same be numbered Resolution YEAS: Councilmember JORDAN requested unanimous consent that all ordinances on first reading be read by number and title only and filed for the Second Reading Calendar. Unanimous consent was granted. Proposed ordinance (O-6-06) by the Council: Titled: AN ORDINANCE (CAR /BOISE CITY) TO AMEND STANDARDS TO THE SUBDIVISION ORDINANCE, TITLE 9, CHAPTER 20, SECTIONS 3, 4 AND 5 REGARDING STANDARDS FOR RECORDS OF SURVEY AND LOT SPLITS, AND AMEND THE ZONING ORDINANCE, TITLE 11, CHAPTERS 1 AND 4 RELATING TO STANDARDS FOR SUBSTANDARD LOTS; APPROVING A SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE, was read for the first time. Councilmember JORDAN 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-4A-06) by the Council: Titled: AN ORDINANCE (CAR /KEN BLAIR FOR PROPERTY LOCATED AT 7400 W. STATE STREET) 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 L-OD (LIMITED OFFICE WITH DESIGN REVIEW) TO C-2D (GENERAL COMMERCIAL WITH DESIGN REVIEW); SETTING FORTH FINDINGS OF FACT IN SUPPORT OF SUCH ZONE CHANGE; AND PROVIDING AN EFFECTIVE DATE, was read for the second time.

10 190 Moved by JORDAN and seconded by CLEGG that further reading of (O-2-06) be dispensed with and the record show that they have been read the third time in full. YEAS: Proposed ordinance (O-2-06) by the Council: Titled: AN ORDINANCE AMENDING TITLE 1, CHAPTER 2, SECTION 18 C (1), BOISE CITY CODE, BY ADDING SUBDIVISION FINAL PLATS TO THE LIST OF SPECIFIED "ROUTINE" ITEMS FOR CITY COUNCIL CONSENT AGENDAS; AND PROVIDING AN EFFECTIVE DATE, was read for the third time. proposed ordinance (O-2-06) be passed and that the same be numbered Ordinance YEAS: Councilmember EBERLE requested unanimous consent to move to New Business, Items, Items 11A and 11C, on tonight's Council agenda. Unanimous consent was granted. Rivendell Estates Subdivision SUB Final Plat, Boise City, was before Mayor and Council. David Abo, Planning and Development Services, presented the staff report. Clint Boyles, th Avenue S., Nampa, applicant representative, addressed the Council in support of the subdivision and answered the Council's questions. Moved by CLEGG and seconded by JORDAN that Rivendell Estates Subdivision SUB Final Plat be granted as requested subject to conditions stated in staff with the amendment to Conditions of Approval No. 4, that the sentence be inserted "this lot can not be developed for

11 191 residential purposes in the future", between the first and second sentence as it now reads and that we add at the end a statement that says, "If the Idaho Transportation Department (ITD) does not assume ownership, then the non-buildable lot will be developed as a park site by the developer and will be owned and maintained by the Rivendell Estates Homeowner Association. YEAS: CLEGG, EBERLE, JORDAN and TIBBS. NAYS: BISTERFELDT and SHEALY. 36th Street Garden Plaza Subdivision SUB Final Plat, Boise City, was before Mayor and Council. David Abo, Planning and Development Services, presented the staff report. Moved by JORDAN and seconded by BISTERFELDT that 36th Street Garden Plaza Subdivision SUB Final Plat be granted as requested subject to conditions stated in staff report with the amendment to Condition No. 14. YEAS: Mayor BIETER announced that this was the time and place set for a public hearing on the proposed Commercial Transportation Vehicle Ordinance. Proposed ordinance (O-66A-05) by the Council: Titled: AN ORDINANCE ENACTING TITLE 5, CHAPTER 03 OF THE BOISE CITY CODE REGULATING COMMERCIAL TRANSPORTATION VEHICLES, OTHER THAN TAXI CABS, WHICH TRANSPORT PASSENGERS FOR HIRE; PROVIDING A STATEMENT OF PURPOSE AND FINDINGS; PROVIDING DEFINITIONS; REQUIRING COMMERCIAL TRANSPORTATION SERVICE DRIVER LICENSES AND MEDICAL CERTIFICATES; REQUIRING COMMERCIAL TRANSPORTATION SERVICE BUSINESSES TO BE LICENSED AND INSURED; ESTABLISHING BUSINESS AND DRIVER LICENSE QUALIFICATIONS AND DISQUALIFICATIONS; REQUIRING VEHICLE INSPECTIONS AND ESTABLISHING CRITERIA FOR INSPECTIONS; PROVIDING A CRIMINAL PENALTY FOR UNLAWFUL PRACTICES;

12 192 APPROVING A SUMMARY OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE, was read for the third time. Robert Barros-Bailey, Department of Finance and Administration Department, presented the staff report. Wanda Durbin, 9818 Skycrest Drive, addressed the Council in support of the ordinance. Vince Maruswa, 333 W. Bitteroot Drive and Randy Fowler, 1897 Old Saybrook Lane, addressed the Council in opposition to the ordinance. Jill Musser, Legal, answered Council's questions. closed. Mayor BIETER announced that the public hearing was Moved by JORDAN and seconded by BISTERFELDT that the proposed ordinance (O-66A-05) be passed with amendments as stated and that the same be numbered Ordinance YEAS: Mayor BIETER announced that this was the time and place set for a public hearing on CAR /City of Boise request for approval of an amendment to the Zoning Ordinance Title 11, Chapter 11 Section 8 to restrict new off-premise advertising signs on Vista Avenue north of Cassia Street. David Abo, Planning and Development Services, presented the staff report. John Gannon, 1104 Johnson Street and Matthew Buffer, 622 Opal Street, addressed the Council in support of the proposed amendment. closed. Mayor BIETER announced that the public hearing was Moved by CLEGG and seconded by SHEALY that CAR /City of Boise request for approval of an amendment to the Zoning Ordinance Title 11, Chapter 11 Section 8 to restrict new off-premise advertising signs on Vista Avenue north of Cassia Street be approved. YEAS:

13 193 Councilmember SHEALY requested unanimous consent that staff be directed to draw up guidelines for identifying areas that we might want to restrict or eliminate the possibility of future billboards to go up, including State Street. Unanimous consent was granted. Mayor BIETER announced that this was the time and place set for a public hearing on CAR /Rezone/City of Boise request for approval for a rezone of +/-4.7 acres of the Hyde park District encompassing the two block area from Brumback on the north, south to Alturas and from the midblock alleyways approximately 100 east and west of, and parallel to 13th Street from C-1HD (Neighborhood Commercial with Historic Design Review) to C-1CHD (Neighborhood Commercial with a Conservation District Overlay with Historic Design Review). Lance Evans, Planning and Development Services, presented the staff report. Brett Palmateer, 1502 N. 13 th Council in support of the rezone. Street, addressed the closed. Mayor BIETER announced that the public hearing was Moved by JORDAN and seconded by CLEGG that CAR /Rezone/City of Boise request for approval for a rezone of +/-4.7 acres of the Hyde park District encompassing the two block area from Brumback on the north, south to Alturas and from the mid-block alleyways approximately 100 east and west of, and parallel to 13th Street from C-1HD (Neighborhood Commercial with Historic Design Review) to C- 1CHD (Neighborhood Commercial with a Conservation District Overlay with Historic Design Review) be approved. YEAS: RECESS: RECONVENE: 9:03 P.M. 9:10 P.M.

14 194 Mayor BIETER announced that this was the time and place set for a public hearing on CAR /Rezone/Conger Management Group request for approval for a rezone of +/ acres located at 5551 E. Lake Forest Drive from C-4D (Planned Commercial with Design Review) to R-1C (Single Family Residential); CUP /Appeal/Conger Management Group is appeal of the Planning and Zoning Commission s denial of their request for a Conditional Use permit to modify the Columbia Village Master Plan to allow residential development on property originally proposed for commercial uses located at 5551 E. Lake Forest Drive in a proposed R-1C (Single Family Residential) zone and Whistler Ridge Subdivision SUB Preliminary Plat. Hal Simmons, Planning and Development Services, presented the staff report. Jeffery Wardle, 877 W. Main Street, Suite 1000, applicant representative; Scott Beecham, 405 S. 8 th Street, applicant representative and Mike Simplot, W. Emerald Street, Suite 101, addressed the Council in support of the rezone and appeal. closed. Mayor BIETER announced that the public hearing was Moved by JORDAN and seconded by CLEGG that CAR /Rezone/Conger Management Group request for approval for a rezone of +/ acres located at 5551 E. Lake Forest Drive from C-4D (Planned Commercial with Design Review) to R-1C (Single Family Residential) be approved including the findings. YEAS: Moved by JORDAN and seconded by CLEGG that CUP /Appeal/Conger Management Group appeal of the Planning and Zoning Commission s denial of their request for a Conditional Use permit to modify the Columbia Village Master Plan to allow residential development on property originally proposed for commercial uses located at 5551 E. Lake Forest Drive in a proposed R-1C (Single Family Residential) zone be upheld and approve the Conditional Use permit modifying the Columbia Village Master Plan and that the findings include the conclusion that this is still an appropriate location for commercial development.

15 195 YEAS: Moved by JORDAN and seconded by CLEGG that Whistler Ridge Subdivision SUB Preliminary Plat be granted as requested subject to conditions stated in staff report and that the developer add an easement at the end of the cul-de-sac for a future road in the event of re-use of the adjacent property. YEAS: There being no further business the meeting adjourned at 10:00 o'clock P.M. APPROVE: MAYOR ATTEST: CITY CLERK