BOISE, IDAHO FEBRUARY 1, Council met in regular session Tuesday, February 1, 2011, Mayor DAVID H. BIETER, presiding.

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1 157 BOISE, IDAHO Council met in regular session Tuesday, February 1, 2011, Mayor DAVID H. BIETER, presiding. Roll call showed the following members present: Invocation was given by Reverend Holladay Sanderson, All Saints Episcopal. minutes from the January 25, 2011, Boise City Council Meeting be approved. YEAS: Boise City Checks No thru in the total amount of $1,190, as of January 26, 2011 be approved. YEAS: The Bid Results for F/B ; Digital Voice Recorders, Boise Police Department were before Mayor and Council as enumerated in staff report dated January 19, RECOMMENDATION: The Department of Finance and Administration Division concurs with Boise Police Department in recommending that F/B ; Digital Voice Recorders be awarded to, Versatile Information Products Inc., in a total amount not to exceed $50,000. recommendations be followed and F/B ; Digital Voice Recorders be awarded to Versatile Information Products Inc., in the total contract amount of $50,000.

2 158 YEAS: The Sole Source for SS ; In-Vehicle Computer Equipment, Boise Fire Department were before Mayor and Council as enumerated in staff report dated January 20, RECOMMENDATION: The Department of Finance and Administration Division concurs with Boise Fire Department in recommending that SS ; In-Vehicle Computer Equipment Data 911. recommendations be followed and the Sole Source ; Data 911 in-vehicle computer equipment be standardized. YEAS: The City Clerk requested the following claims(s) be acknowledged and referred to the office of the Treasurer: a) Brenda Brown, Property Damage b) Susan Martin, Property Damage claim(s) be acknowledged and referred to the office of the Treasurer 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) Boise City Employee Health Plan Trust Minutes, December 16, 2010 b) Boise City Historic Preservation Commission Minutes, December 27, 2010

3 159 c) Boise City Library Director s Report, January 2011 d) Boise City Public Library Board of Trustees Minutes, December 1, 2010 e) Boise City Parks and Recreation Commission Minutes, December 16, 2010 f) Discovery Center of Idaho, Inc. Financial Statements, June 30, 2010 g) Sole Source Purchase; In-Vehicle Computer Equipment, Boise Fire Department minutes, reports and requests be received and directed filed in the office of the City Clerk as requested. YEAS: Proposed resolution (R-39-11) by the Council: Titled: A RESOLUTION APPROVING AN AIRLINE USE AND LEASE AGREEMENT BETWEEN BOISE CITY (DEPARTMENT OF AVIATION) AND UNITED AIR LINES, INC. FOR THE USE AND LEASE OF CERTAIN FACILITIES AND PREMISES UPON BOISE AIR TERMINAL (GOWEN FIELD); AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID LEASE AGREEMENT ON BEHALF OF BOISE CITY; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-39-11) be adopted and that same be numbered Resolution YEAS: Proposed resolution (R-40-11) by the Council: Titled: A RESOLUTION APPROVING AN AIRLINE USE AND LEASE AGREEMENT BETWEEN BOISE CITY (DEPARTMENT OF AVIATION) AND DELTA AIR LINES, INC. FOR THE USE AND LEASE OF CERTAIN FACILITIES AND PREMISES UPON BOISE AIR TERMINAL (GOWEN FIELD); AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY

4 160 EXECUTE AND ATTEST SAID LEASE AGREEMENT ON BEHALF OF BOISE CITY; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-40-11) be adopted and that same be numbered Resolution YEAS: Proposed resolution (R-41-11) by the Council: Titled: A RESOLUTION APPROVING AN AIRLINE USE AND LEASE AGREEMENT BETWEEN BOISE CITY (DEPARTMENT OF AVIATION) AND SOUTHWEST AIRLINES, CO. FOR THE USE AND LEASE OF CERTAIN FACILITIES AND PREMISES UPON BOISE AIR TERMINAL (GOWEN FIELD); AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID LEASE AGREEMENT ON BEHALF OF BOISE CITY; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-41-11) be adopted and that same be numbered Resolution YEAS: Proposed resolution (R-42-11) by the Council: Titled: A RESOLUTION APPROVING AN AIRLINE USE AND LEASE AGREEMENT BETWEEN BOISE CITY (DEPARTMENT OF AVIATION) AND HORIZON AIR INDUSTRIES, INC. FOR THE USE AND LEASE OF CERTAIN FACILITIES AND PREMISES UPON BOISE AIR TERMINAL (GOWEN FIELD); AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID LEASE AGREEMENT ON BEHALF OF BOISE CITY; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-42-11) be adopted and that same be numbered Resolution

5 161 YEAS: Proposed resolution (R-43-11) by the Council: Titled: A RESOLUTION APPROVING THE RENEWAL OF FB FIRE HYDRANT REPLACEMENT BETWEEN THE CITY OF BOISE CITY (FIRE DEPARTMENT) AND OWYHEE CONSTRUCTION, 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-43-11) be adopted and that same be numbered Resolution YEAS: Proposed resolution (R-44-11) by the Council: Titled: A RESOLUTION APPROVING THE RENEWAL OF RFP A, AVIATION MARKETING AND BUSINESS DEVELOPMENT SERVICES, BETWEEN THE CITY OF BOISE CITY (AVIATION DEPARTMENT) AND MEAD AND HUNT, 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-44-11) be adopted and that same be numbered Resolution YEAS: Proposed resolution (R-45-11) by the Council:

6 162 Titled: A RESOLUTION APPROVING THE RENEWAL OF RFP C; AVIATION MARKETING AND BUSINESS DEVELOPMENT SERVICES BETWEEN THE CITY OF BOISE CITY (AVIATION DEPARTMENT) AND INTERVISTAS CONSULTING, LLC.; 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-45-11) be adopted and that same be numbered Resolution YEAS: Proposed resolution (R-46-11) by the Council: Titled: A RESOLUTION APPROVING THE RENEWAL OF RFP D, AVIATION MARKETING AND BUSINESS DEVELOPMENT SERVICES, BETWEEN THE CITY OF BOISE CITY (AVIATION DEPARTMENT) AND SH&E, ICF INTERNATIONAL COMPANY; 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-46-11) be adopted and that same be numbered Resolution YEAS: Proposed resolution (R-47-11) by the Council: Titled: A RESOLUTION APPROVING THE RENEWAL OF RFP E, AVIATION MARKETING AND BUSINESS DEVELOPMENT SERVICES, BETWEEN THE CITY OF BOISE CITY (AVIATION DEPARTMENT) AND SIXEL CONSULTING GROUP; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full.

7 163 proposed resolution (R-47-11) be adopted and that same be numbered Resolution YEAS: Proposed resolution (R-48-11) by the Council: Titled: A RESOLUTION APPROVING THE RENEWAL OF RFP F, AVIATION MARKETING AND BUSINESS DEVELOPMENT SERVICES, BETWEEN THE CITY OF BOISE CITY (AVIATION DEPARTMENT) AND SABRE AIRLINE SOLUTIONS; 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-48-11) be adopted and that same be numbered Resolution YEAS: Proposed resolution (R-49-11) by the Council: Titled: A RESOLUTION APPROVING A JOINT USE AGREEMENT BY AND BETWEEN THE CITY OF BOISE CITY, BY AND THROUGH ITS DEPARTMENT OF PARKS AND RECREATION, AND JOINT SCHOOL DISTRICT #2 (MERIDIAN); PROVIDING FOR THE JOINT USE OF CITY AND SCHOOL DISTRICT FACILITIES; ESTABLISHING PROCEDURES FOR THE SCHEDULING OF FACILITIES; PROVIDING FOR EACH PARTY TO MAINTAIN LIABILITY COVERAGE; PROVIDING FOR CROSS INDEMNIFICATION FOR LOSSES INCURRED BY EACH PARTY; PROVIDING FOR THE INDEMNIFICATION OF THIRD PARTIES; PROVIDING FOR TERMINATION OF THE AGREEMENT; PROVIDING FOR MEDIATION IN THE EVENT A DISPUTE ARISES BETWEEN THE PARTIES; 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.

8 164 proposed resolution (R-49-11) 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-3-11) by the Council: Titled: AN ORDINANCE AMENDING BOISE CITY CODE, TITLE 13, CHAPTER 03, SECTION 04D.3 BY ADDING ARCHERY RANGES TO THE LIST OF DEPARTMENT OF PARKS AND RECREATION FACILITIES FOR WHICH PARK PATRONS MAY MAKE RESERVATIONS IN ACCORDANCE WITH CITY ORDINANCES AND THE RULES AND REGULATIONS OF THE DEPARTMENT OF PARKS AND RECREATION; AMENDING BOISE CITY CODE TITLE 13, CHAPTER 03, SECTION 05, BY CLARIFYING THOSE PROVISIONS GOVERNING THE CONSUMPTION OF ALCOHOL IN BOISE CITY PARKS AND FACILITIES; DELETING EXHIBIT A TO THE ORDINANCE AND INCORPORATING THE PROVISIONS OF EXHIBIT A INTO THE BODY OF BOISE CITY CODE ; PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE, was read for the first time. Proposed ordinance (O-4-11) by the Council: Titled: AN ORDINANCE AMENDING TITLE 9, CHAPTER 15, BOISE CITY CODE ( CEMETERIES ) BY AMENDING SECTION TO REPHRASE THE INTRODUCTION, TO ADD A DEFINITION FOR THE TERM PROPRIETOR, AND TO CORRECT TYPOGRAPHICAL AND GRAMMATICAL ERRORS; AMENDING SECTION TO PROVIDE FOR A CERTIFICATE OF LICENSE TO INTER IN A CEMETERY LOT RATHER THAN A RIGHT OF OWNERSHIP; AMENDING SECTION TO REFLECT THE NEW CERTIFICATE OF LICENSE TO INTER; AMENDING SECTION TO PROVIDE FOR THE ISSUANCE OF A CERTIFICATE OF LICENSE TO INTER RATHER THAN A RIGHT OF OWNERSHIP IN A CEMETERY BURIAL LOT; AMENDING SECTION TO REFLECT

9 165 THE NEW CERTIFICATE OF LICENSE TO INTER; AMENDING SECTION TO ENUMERATE THE RIGHTS AND TERMS OF A CERTIFICATE OF LICENSE TO INTER; AMENDING SECTION TO CORRECT THE NAME OF THE PARKS AND RECREATION COMMISSION, AND TO REFLECT THE NEW CERTIFICATE OF LICENSE TO INTER; AMENDING SECTION TO CLARIFY THE RESPONSIBILITIES AND DUTIES OF BOISE CITY AND THE SEXTON; AMENDING SECTION TO CORRECT THE NAME OF THE PARKS AND RECREATION COMMISSION; AMENDING SECTION TO CORRECT THE NAME OF THE PARKS AND RECREATION COMMISSION, AND TO GRANT AUTHORITY TO THE PARKS AND RECREATION COMMISSION TO SET SPECIFICATIONS PERTAINING TO VAULTS AND BURIED REMAINS; AMENDING SECTIONS AND TO CORRECT THE NAME OF THE PARKS AND RECREATION COMMISSION; AMENDING SECTIONS AND TO REFLECT THE NEW CERTIFICATE OF LICENSE TO INTER; AMENDING SECTION TO CORRECT THE NAME OF THE DEPARTMENT OF FINANCE AND ADMINISTRATION; AMENDING SECTION TO REFLECT THE NEW CERTIFICATE OF LICENSE TO INTER AND TO GRANT AUTHORITY TO THE PARKS AND RECREATION COMMISSION TO ESTABLISH THE FEE FOR THE TRANSFER OF A CERTIFICATE OF LICENSE TO INTER, SUBJECT TO THE APPROVAL AND RATIFICATION OF THE CITY COUNCIL; ADDING A NEW SECTION, SECTION , TO SPECIFY THE MAXIMUM PENALTIES FOR A MISDEMEANOR VIOLATION OF THE CHAPTER; ADDING A NEW SECTION, SECTION , TO ESTABLISH A PROCEDURE FOR THE ABANDONMENT AND REVERSION OF UNUSED OR UNCLAIMED CEMETERY BURIAL LOTS, TO IDENTIFY CONDITIONS THAT REBUT A PRESUMPTION OF ABANDONMENT, TO REQUIRE NOTICE PRIOR TO A FINDING OF ABANDONMENT, TO SET FORTH THE REQUIRED CONTENTS OF THE NOTICE, TO PROVIDE FOR RECONVEYANCE OF CEMETERY LOTS ERRONEOUSLY DEEMED ABANDONED; 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-1-11) by the Council: Titled: AN ORDINANCE (ZOA / BOISE CITY) AMENDING BOISE CITY CODE, TITLE 11, (ZONING) CHAPTERS 1, 4, 5, 6, 7, 9, 10 AND AMENDING BOISE CITY CODE TITLE 9, (PUBLIC PROPERTY) CHAPTER 20, AFFECTING TIME EXTENSIONS AND TERMS OF ZONING ENTITLEMENTS, PARKING IN DRIVEWAYS, WEEDS, TEMPORARY USES AND FENCES; APPROVING A SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE, was read for the second time.

10 166 Mayor BIETER announced that this was the time and place set for Purchasing Brief Bond Underwriting Services; Airport Terminal Refunding Bonds, Series 2011, Aviation and Transportation Department. Denis Ryall and Kent Rock, Department of Finance and Administration, presented the staff report. Moved by JORDAN and seconded by SHEALY that Bond Underwriting Services; Airport Terminal Refunding Bonds, Series 2011, Aviation and Transportation Department be awarded to Morgan and Keegan. YEAS: Proposed resolution (R-50-11) by the Council: Titled: A RESOLUTION AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF CITY OF BOISE CITY AIRPORT REVENUE REFUNDING BONDS, SERIES 2011 (AIR TERMINAL FACILITIES PROJECT), AND AUTHORIZING EXECUTION AND DELIVERY OF AN INDENTURE, AN ESCROW AGREEMENT, A BOND PURCHASE AGREEMENT, AND AN OFFICIAL STATEMENT AND RELATED DOCUMENTS; AUTHORIZING A REQUEST FOR PROPOSALS; MAKING FINDINGS IN CONNECTION THEREWITH; AUTHORIZING THE EXECUTION OF AND APPROVING RELATED DOCUMENTS, AGREEMENTS AND ACTIONS; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-50-11) be adopted and that same be numbered Resolution YEAS: Councilmember MCLEAN recused herself from Sagecanyon Subdivision, SUB , Preliminary and Final Plat; Kahlia Ray Subdivision, SUB , Preliminary and Final Plat; Sunnyridge Subdivision No. 2, SUB , Preliminary Plat and CUP / Special Exception /

11 167 Schlosser Development due to her involvement with these items as a Planning and Zoning Commissioner. Councilmember MCLEAN left at 6:15 P.M. Sagecanyon Subdivision, SUB , Preliminary and Final Plat, Boise City (proposed single family residential subdivision with one buildable lot located on 2.25 acres with a density of.444 buildable lots per acre located on the north side of W. Parkhill Drive between N. Pergerine Place and N. Harrison Hills Drive), was before Mayor and Council. Todd Tucker, Planning and Development Services, presented the staff report. Moved by JORDAN and seconded by SHEALY that Sagecanyon Subdivision, SUB , Preliminary and Final Plat, be granted as requested subject to conditions stated in the staff report. YEAS: CLEGG, EBERLE, JORDAN, SHEALY and THOMSON. Kahlia Ray Subdivision, SUB , Preliminary and Final Plat, Boise City (proposed residential subdivision with six residential lots and three common lots located on acres of land located on the east side of S. Lindsay Avenue between W. Victory Road and W. St. Patrick Street), was before Mayor and Council. Todd Tucker, Planning and Development Services, presented the staff report. Angela Komish, applicant representative, 1523 W. Hays, addressed the Council in support of the amended conditions. Moved by JORDAN and seconded by SHEALY that Kahlia Ray Subdivision, SUB , Preliminary and Final Plat, be granted as requested subject to conditions stated in the staff report with the additional amended conditions of approval as presented. YEAS: CLEGG, EBERLE, JORDAN, SHEALY and THOMSON.

12 168 Sunnyridge Subdivision No. 2, SUB , Preliminary Plat, Boise City (residential subdivision with 131 residential lots and 12 common lots located on 27.9 acres located on the south side of East Columbia Road approximately 1.73 miles east of Technology Way), was before Mayor and Council. Todd Tucker, Planning and Development Services, presented the staff report. Dave Abo and Hal Simmons, Planning and Development Services, answered the Council s questions. Moved by JORDAN and seconded by SHEALY that Sunnyridge Subdivision No. 2, SUB , Preliminary Plat, be deferred to February 15, YEAS: Councilmember EBERLE recused himself from CUP / Special Exception / Schlosser Development due to a potential conflict of interest. Councilmember EBERLE left at 7:00 P.M. Mayor BIETER announced that this was the time and place set for a public hearing on CUP /Special Exception/Schlosser Development request for a special exception to construct a 14,500 square foot retail building with drive-through window in conjunction with a previously approved 35,000 sq. ft. grocery store. The 5.66 acre site is located at 401 S. Broadway Avenue in an R-ODD (Residential Office with Downtown Design Review) zone. Hal Simmons, Planning and Development Services, presented the staff report. Richard Duggan, Applicant Representative, 601 N. Lamar Blvd., Austin, TX, addressed the Council in support of the application.

13 169 closed. Mayor BIETER announced that the public hearing was Moved by SHEALY and seconded by JORDAN that CUP /Special Exception/Schlosser Development request for a special exception to construct a 14,500 square foot retail building with drive-through window in conjunction with a previously approved 35,000 sq. ft. grocery store. The 5.66 acre site is located at 401 S. Broadway Avenue in an R-ODD (Residential Office with Downtown Design Review) zone be approved with a change to condition 1.L to read Final Occupancy Permit for Building B will only be issued after one has been obtained for Building A. A temporary occupancy permit may be granted for Building B when Building A finish work is substantially in progress. YEAS: CLEGG, JORDAN, SHEALY and THOMSON. Boise City Council meeting be adjourned at 7:45 o'clock P.M. YEAS: CLEGG, JORDAN, SHEALY and THOMSON. APPROVE: MAYOR ATTEST: CITY CLERK