BOISE, IDAHO MARCH 29, Council met in regular session Tuesday, March 29, 2011, Council President MARYANNE JORDAN, presiding.

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1 59 BOISE, IDAHO Council met in regular session Tuesday, March 29, 2011, Council President MARYANNE JORDAN, presiding. Roll call showed the following members present: Invocation was given by Alex Charlton, Clerk. Moved by EBERLE and seconded by CLEGG that the minutes from the March 22, 2011, Boise City Council Meeting be approved. YEAS: Boise City Checks No thru in the total amount of $2,325, as of March 23, 2011 be approved. YEAS: The Bid Results for RFP (A); Miscellaneous GIS Data Development and related GIS Services, Information Technology Department were before Mayor and Council as enumerated in staff report dated March 8, RECOMMENDATION: The Department of Finance and Administration Division concurs with Information Technology Department in recommending that RFP (A); Miscellaneous GIS Data Development and related GIS Services be awarded to the best qualified/highest ranked proposer with significant local preference, Power Engineers, Inc., in a total amount not to exceed $300,000. recommendations be followed and RFP (A); Miscellaneous GIS Data Development and related GIS Services

2 60 be awarded to, Power Engineers, Inc. in the total contract amount of $300,000, subject to compliance with bonding and insurance requirements. YEAS: The Bid Results for F/B ; Geothermal Extension Pipe Procurement, Public Works Department were before Mayor and Council as enumerated in staff report dated March 16, RECOMMENDATION: The Department of Finance and Administration Division concurs with Public Works Department in recommending that F/B ; Geothermal Extension Pipe Procurement be awarded to the lowest responsive and responsible bidder, Thermal Pipe Systems, in a total amount not to exceed $1,124, recommendations be followed and F/B ; Geothermal Extension Pipe Procurement be awarded to, Thermal Pipe Systems, in the total contract amount of $1,124, YEAS: The City Clerk requested the following claims(s) be acknowledged and referred to the office of the Treasurer: a) Abdulhussain Al-Ghizzi, Property Damage claim(s) be acknowledged and referred to the office of the Treasurer as requested. YEAS: The City Clerk requests the following Travel Requests be acknowledged and approved:

3 61 a) Cece Gassner, Mayor's Office, to attend the Boise Metro Chamber of Commerce Leadership Conference in McCall, Idaho from May 1-3, 2011 b) John Brunelle, Mayor's Office, to attend the Boise Metro Chamber of Commerce Leadership Conference in McCall, Idaho from May 1-3, 2011 c) John Brunelle, Mayor's Office, to attend a BVEP sales mission and economic development meetings in San Jose, CA from April 4-7, 2011 d) Richard McConnell, Airport, to attend the ACI-NA Small Airports Conference in Cincinnati, OH from June 26-28, 2011 Travel Requests be acknowledged and approved 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 Airport Commission Minutes, February 24, 2011 b) Boise City Historic Preservation Commission Minutes, February 28, 2011 c) Boise City Parks and Recreation Commission Minutes, February 17, 2011 d) Capital City Development Corporation 2010 Annual Report e) Sole Source Purchas;Senior Management Institute for Police (SMIP), Police Department minutes, reports and requests be received and directed filed in the office of the City Clerk as requested. YEAS: Proposed resolution (R ) by the Council:

4 62 Titled: A RESOLUTION DECLARING THE INTENT OF THE CITY OF BOISE CITY TO DECLARE REAL PROPERTY OWNED BY THE CITY AS UNDERUTILIZED AND NOT USED FOR PUBLIC PURPOSES AND TO DECLARE THE CITY S FURTHER INTENT TO SELL OR OTHERWISE CONVEY SUCH REAL PROPERTY LOCATED AT WEST EXCALIBUR STREET, BOISE, ADA COUNTY, IDAHO, WHICH WAS ACQUIRED IN WHOLE OR IN PART WITH FEDERAL FUNDS; INSTRUCTING THE CITY CLERK TO ESTABLISH AND PUBLISH NOTICE OF A HEARING DATE TO REVIEW THE PROPOSED DECLARATION THAT THE REAL PROPERTY IS UNDERUTILIZED OR NOT USED FOR PUBLIC PURPOSES AND THAT THE CITY INTENDS TO SELL OR OTHERWISE CONVEY SUCH REAL PROPERTY; REPEALING RESOLUTION NO ; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution YEAS: Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING THE ACCEPTANCE AND APPROPRIATION OF GRANT MONIES FOR THE CITY S FAIR HOUSING PUBLIC AWARENESS INITIATIVE, FOR THE FY2011 BUDGET, TO FUND EXPENSES ASSOCIATED WITH PRODUCTION OF CAMPAIGN MATERIALS AND ADVERTISING; AUTHORIZING THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO ESTABLISH THE FAIR HOUSING GRANT TOTAL TO $15,000 IN EXPENDITURE AND REVENUE APPROPRIATIONS WITHIN THE FY2011 BUDGET; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution YEAS: Proposed resolution (R ) by the Council:

5 63 Titled: A RESOLUTION APPROVING A SERVICE, OPERATIONS, AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF BOISE (MAYOR S OFFICE OFFICE OF ECONOMIC DEVELOPMENT) AND BOISE VALLEY RAILROAD LLC FOR SERVICE, INSPECTION, OPERATION AND MAINTENANCE UPON AN APPROXIMATE EIGHT MILE LENGTH OF RAILROAD TRACK ON THE FORMER UNION PACIFIC BOISE CUTOFF ; 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 YEAS: Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF BOISE (MAYOR S OFFICE OFFICE OF ECONOMIC DEVELOPMENT) AND BOISE VALLEY RAILROAD LLC FOR AN APPROXIMATE EIGHT MILE LENGTH OF RAILROAD TRACK ON THE FORMER UNION PACIFIC BOISE CUTOFF ; 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 YEAS: Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING CHANGE ORDER NUMBER 2 TO FB TH & RIDENBAUGH SEWER REHABILITATION, BETWEEN THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT) AND TITAN

6 64 TECHNOLOGIES; 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 YEAS: Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING AN AGREEMENT FOR FB ; GEOTHERMAL EXTENSION PIPE PROCUREMENT BETWEEN THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT) AND THERMAL PIPE SYSTEMS; 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 YEAS: Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING AN AGREEMENT FOR RFP A MISCELLANEOUS GIS SERVICES BETWEEN THE CITY OF BOISE CITY (INFORMATION TECHNOLOGY DEPARTMENT) AND POWER ENGINEERS, 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

7 65 YEAS: Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF BOISE CITY, AND THE DEPARTMENT OF PLANNING AND DEVELOPMENT SERVICES, THROUGH THE DIVISION OF HOUSING AND COMMUNITY DEVELOPMENT FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO INTERFAITH SANCTUARY HOUSING SERVICES, INC. FOR CAPITAL IMPROVEMENTS TO A EMERGENCY SHELTER FACILITY; 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 YEAS: Lifestyle Condominiums, SUB and BND , Bonding Time Extension for Conditional Use Permit, Boise City (one-year time extension for the completion of perimeter landscaping requirements associated with Conditional Use Permit (CUP ) in a mixed use subdivision/condominium with three commercial lots and 96 residential condominium units located at the southeast corner of the intersection of West Ustick Road and North Cloverdale Road), was before Mayor and Council. Moved by SHEALY and seconded by EBERLE that Lifestyle Condominiums, SUB and BND , Bonding Time Extension for Conditional Use Permit be granted as requested subject to conditions stated in the staff report. YEAS:

8 66 Councilmember SHEALY 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-6-11) by the Council: Titled: AN ORDINANCE REPEALING BOISE CITY CODE TITLE 2, CHAPTER 16, AND ENACTING A NEW TITLE 2, CHAPTER 16, BOISE CITY CODE, TO SET FORTH THE ORGANIZATION, DUTIES AND RESPONSIBILITIES OF THE PUBLIC WORKS COMMISSION; AND PROVIDING AN EFFECTIVE DATE, was read for the second time. Proposed ordinance (O-10-11) by the Council: Titled: AN ORDINANCE (ZOA / BOISE CITY) AMENDING TITLE 11, CHAPTERS 3, 5, AND 6 TO MAKE TYPOGRAPHICAL AND GRAMMATICAL CHANGES; AMENDING SECTION C.2 TO DELETE AN INCONSISTENT REFERENCE TO SIGN CODE VARIANCES; AMENDING SECTION BY DELETING THE REQUIREMENT THAT THE PLANNING AND ZONING COMMISSION REVIEW ALL SIGN VARIANCES AND BY DELETING CERTAIN REQUIRED FINDINGS FOR SIGN VARIANCES; AMENDING SECTION BY ADDING THE HEARING EXAMINER AS AN AUTHORITY TO REVIEW NON-ADMINISTRATIVE VARIANCES, BY ELIMINATING THE COMMISSION AND HEARING EXAMINER S ABILITY TO MODIFY A VARIANCE REQUEST, BY ELIMINATING A DEADLINE FOR ACTION BY THE PLANNING DIRECTOR, BY DELETING SECTION IN ITS ENTIRETY AND RENUMBERING THE REMAINING SUBSECTIONS SEQUENTIALLY, AND BY EXTENDING THE VARIANCE APPROVAL TERM AND EXTENSION TERMS; ESTABLISHING A NEW SECTION FOR ADMINISTRATIVE VARIANCES INCLUDING PROVIDING AUTHORITY TO THE ZONING ADMINISTRATOR TO GRANT VARIANCES UNDER SPECIFIED CIRCUMSTANCES AND ESTABLISHING AN APPLICATION AND HEARING PROCESS; APPROVING A SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE, was read for the second time. Moved by SHEALY and seconded by EBERLE that further reading of (O-7-11), (O-8-11) and (O-9-11) be dispensed with and the record show that they have been read the third time in full.

9 67 YEAS: Proposed ordinance (O-7-11) by the Council: Titled: AN ORDINANCE (CAR /SCOTT HEDRICK FOR PROPERTY LOCATED AT 8150 W. EMERALD) 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-4D/DA (PLANNED COMMERCIAL WITH DESIGN REVIEW AND A DEVELOPMENT AGREEMENT); SETTING FORTH A REASONED STATEMENT IN SUPPORT OF SUCH ZONE CHANGE; AND PROVIDING AN EFFECTIVE DATE, was read for the third time. proposed ordinance (O-7-11) be passed and that the same be numbered Ordinance YEAS: Proposed ordinance (O-8-11) by the Council: Titled: AN ORDINANCE AMENDING TITLE 1, CHAPTER 11, SECTION 09, BOISE CITY CODE, TO GIVE THE CITY DISCRETION TO ALLOW UNPAID VOLUNTEERS TO SELL TO AND CONTRACT WITH THE CITY OF BOISE; AND PROVIDING AN EFFECTIVE DATE, was read for the third time. proposed ordinance (O-8-11) be passed and that the same be numbered Ordinance YEAS: Proposed ordinance (O-9-11) by the Council:

10 68 Titled: AN ORDINANCE (ZOA / HARRIS FAMILY LIMITED PARTNERS) AMENDING BOISE CITY CODE TITLE 11, CHAPTER 23, SECTION 04 (HARRIS RANCH SPECIFIC PLAN CODE), TO ADD A NEW SECTION.07, PHASING PLAN MODIFICATIONS, TO CREATE A PROCESS FOR STAFF LEVEL CHANGES TO THE PHASING PLAN AND TO CLARIFY THE TIMING FOR PHASES OF THE PROJECT; AMENDING THE HARRIS RANCH SPECIFIC PLAN (2010) (A) VOLUME I, CHAPTER 2, SECTION (D)(VI), TO CLARIFY THE TIMING FOR PHASES OF THE PROJECT; AND PROVIDING AN EFFECTIVE DATE, was read for the third time. proposed ordinance (O-9-11) be passed and that the same be numbered Ordinance YEAS: Council President JORDAN announced that this was the time and place set for Purchasing Brief RFP (B); Miscellaneous GIS Data Development Services, Information Technology Department. Denis Ryall, Department of Finance and Administration and Jim Hetherington, Information and Technology Department, presented the staff report. Moved by EBERLE and seconded by CLEGG that RFP (B); Miscellaneous GIS Data Development Services, be awarded to the highest ranked proposer, Woolpert. YEAS: CLEGG, EBERLE, MCLEAN, SHEALY and THOMSON. NAYS: JORDAN. Kinnick Place Subdivision, SUB , Preliminary and Final Plat, Boise City (residential subdivision with 12 residential lots and three common lots located on 2.1 acres of land located on the north side of W. Iowa Street between S. Illinois Avenue and S. Gekeler Lane), was before Mayor and Council. Todd Tucker, Planning and Development Services, presented the staff report.

11 69 Moved by SHEALY and seconded by EBERLE that Kinnick Place Subdivision, SUB , Preliminary and Final Plat, be granted as requested subject to conditions stated in the staff report. YEAS: Moved by EBERLE and seconded by SHEALY that the Boise City Council meeting be adjourned at 6:32 o'clock P.M. YEAS: APPROVE: MAYOR ATTEST: CITY CLERK