BOISE, IDAHO DECEMBER 14, Council met in regular session Tuesday, December 14, 2010, Mayor DAVID H. BIETER, presiding.

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1 93 BOISE, IDAHO Council met in regular session Tuesday, December 14, 2010, Mayor DAVID H. BIETER, presiding. Roll call showed the following members present: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY and Invocation was given by Pastor Marci Glass, Southminster Presbyterian Church. minutes from the December 7, 2010, Boise City Council Work Session Meeting be approved. minutes from the December 7, 2010, Boise City Council Meeting be approved. Boise City Checks No thru in the total amount of $3,058, as of December 8, 2010 be approved. The Bid Results for RFP ; Nuisance Abatement Services, Planning and Development Services were before

2 94 Mayor and Council as enumerated in staff report dated November 24, RECOMMENDATION: The Department of Finance and Administration Division concurs with Planning and Development Services Department in recommending that RFP ; Nuisance Abatement Services be awarded to the best qualified/highest ranked proposer with significant local preference, Magnum Construction LLC, amount not to exceed $60,000 and Falcon Property Maintenance not to exceed $ recommendations be followed and the bid be awarded to Magnum Construction LLC, amount not to exceed $60,000 and Falcon Property Maintenance not to exceed $40.000, subject to compliance with bonding and insurance requirements. Sole Source, SS ; AIMS Software Support Services, Department of Finance and Administration were before Mayor and Council as enumerated in staff report dated November 29, RECOMMENDATION: The Department of Finance and Administration Division concurs with Parking Services in recommending that Sole Source, SS ; AIMS Software Support Services be declared to Public Safety Testing, not to exceed $25,000 annually. recommendations be followed and the Sole Source, SS ; AIMS Software Support Services be declared to Public Safety Testing in the total contract amount of $25,000 annually The City Clerk requested the following claims(s) be acknowledged and referred to the office of the Treasurer:

3 95 a) Chris and Joe Bergey, Property Damage b) Joel Miller, Property Damage c) Thomas and Teresa Schmalz, Property Damage claim(s) be acknowledged and referred to the office of the Treasurer as requested. The City Clerk requested January 11, 2010, in Council Chambers be confirmed for a public hearing on: a) CAR / BOISE PLANNING AND DEVELOPMENT SERVICES DEPARTMENT AND HIGHLAND, INC. requests a zone change from A-1/DA (Open Land 1 U./Ac. w/development Agreement) to A-2 (Open Land 1 U./40 Ac.) for properties of 150+/- acres located at 4977 and 6701 North Bogus Basin Road) b) ZOA /BOISE CITY requests an amendment to Title 11 Chapters 3 and 6 to establish an administrative variance process c) CAR /LIFE CHURCH, INC. requests a modification to a development agreement of a +/ acre mixed-use planned development located at 9840 W. Overland Road in an R- 2D/DA (Combined Residential with Design Review and Development Agreement) zone Moved by JORDAN and seconded by SHEALY that January 11, 2010 in Council Chambers be confirmed as requested. The City Clerk requested February 1, 2010, in Council Chambers be confirmed for a public hearing on: a) CUP /SPECIAL EXCEPTION/SCHLOSSER DEVELOPMENT requests a special exception to construct a 14,500 square foot retail

4 96 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 Moved by JORDAN and seconded by SHEALY that February 1, 2010 in Council Chambers be confirmed as requested. The City Clerk requests the following Travel Requests be acknowledged and approved: a) David H. Bieter, Mayor, to attend the US Conference of Mayor s, Mayor s Innovation Project and meet with Congressional Delegation in Washington, DC from January 17-22, 2011 b) Ross Borden, Mayor s Office, to attend the US Conference of Mayor s, Mayor s Innovation Project and meet with Congressional Delegation in Washington, DC from January 17-22, 2011 c) Richard McConnell, Airport, to attend the 2011 AAAE Washington Conference and Chapter Officers Weekend in Washington, DC from January 31 to February 4, 2011 d) Richard McConnell, Airport, to attend the ACI-NA 2011 Winter Board of Directors Meeting and CEO Forum in Savannah, GA from February 15-19, 2011 Travel Requests be acknowledged and approved as requested.

5 97 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) Airport Commission Meeting Minutes, October 28, 2010 b) Boise City State of the Treasury Report, November 2010 minutes, reports and requests be received and directed filed in the office of the City Clerk as requested. Proposed resolution (R ) by the Council: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY and Titled: A RESOLUTION APPROVING AN UNDERGROUND EASEMENT AGREEMENT BETWEEN BOISE CITY (DEPARTMENT OF AVIATION) AND TIME WARNER TELCOM HOLDINGS, INC. FOR SERVICE TO JACKSON JET CENTER LEASED PREMISES; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID EASEMENT 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: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY and Titled: A RESOLUTION APPROVING A THIRD AMENDMENT TO AN OPERATING AND LEASE AGREEMENT BETWEEN BOISE CITY (DEPARTMENT OF AVIATION) AND PARADIES-TATARS, LLC; 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.

6 98 proposed resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY and Titled: A RESOLUTION APPROVING THE RENEWAL OF FB : DRY CLEANING AND LAUNDRY SERVICES BETWEEN THE CITY OF BOISE CITY (FIRE AND POLICE DEPARTMENTS) AND COURTNEY S COMET CLEANERS, 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: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY and Titled: A RESOLUTION APPROVING THE RENEWAL OF F/B ; PROTECTIVE CLOTHING STRUCTURAL FIREFIGHTING GEAR BETWEEN THE CITY OF BOISE CITY (FIRE DEPARTMENT) AND MES NORTHWEST; 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 99 Proposed resolution (R ) by the Council: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY and Titled: A RESOLUTION APPROVING AN AGREEMENT FOR RFP (A) NUISANCE ABATEMENT SERVICES BETWEEN THE CITY OF BOISE CITY (PLANNING AND DEVELOPMENT SERVICES DEPARTMENT) AND MAGNUM CONTRACTORS 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 ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY and Titled: A RESOLUTION APPROVING AN AGREEMENT FOR RFP (B) NUISANCE ABATEMENT SERVICES BETWEEN THE CITY OF BOISE CITY (PLANNING AND DEVELOPMENT SERVICES DEPARTMENT) AND FALCON PROPERTY MAINTENANCE; 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:

8 100 BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY and Titled: A RESOLUTION APPROVING A CHANGE ORDER AMENDMENT FOR RFP ENTERPRISE RESOURCE PLANNING (ERP) SYSTEM 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 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: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY and Titled: A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN BOISE CITY (DEPARTMENT OF AVIATION) AND NORTHWEST TOURS, INC, DBA SUN VALLEY EXPRESS FOR THE LEASE OF CERTAIN PREMISES UPON BOISE AIR TERMINAL (GOWEN FIELD); AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID LEASE 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: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY and Titled: A RESOLUTION APPROVING A LICENSE AGREEMENT BY AND BETWEEN THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT) AND

9 101 THE HARRIS FAMILY LIMITED PARTNERSHIP FOR TEMPORARY CONSTRUCTION STORAGE AND CONSTRUCTION STAGING AREA; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID LICENSE 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: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY and Titled: A RESOLUTION EXTENDING THE EXISTENCE OF THE FOOTHILLS CONSERVATION ADVISORY COMMITTEE AND THE TERMS OF OFFICE OF ITS MEMBERS FOR A PERIOD OF SIX (6) MONTHS; 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: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY and Titled: A RESOLUTION APPROVING AN EASEMENT BY AND BETWEEN THE CITY OF BOISE CITY, AS GRANTOR, AND IDAHO POWER COMPANY, AS GRANTEE FOR THE ERECTION AND CONTINUED OPERATION, MAINTENANCE, REPAIR, ALTERATION, INSPECTION AND REPLACEMENT OF UNDERGROUND ELECTRICAL POWER LINE OR LINES AND WIRES, ABOVE-GROUND APPURTENANCES, INFRASTRUCTURE AND EQUIPMENT; INCLUDING THE RIGHT TO PERMIT THE ATTACHMENT AND/OR USE OR PLACEMENT OF THE WIRES, CABLES AND CONDUITS OF OTHER COMPANIES, ON, OVER AND ACROSS A PORTION OF JULIA DAVIS PARK AND ZOO BOISE; AND INCLUDING THE RIGHT OF INGRESS AND EGRESS OVER GRANTOR S PROPERTY NECESSARY FOR THE FULL AND COMPLETE

10 102 USE, OCCUPATION AND ENJOYMENT OF THE EASEMENT GRANTED BY THE CITY; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID EASEMENT ON BEHALF OF THE CITY; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution YEAS: BISTERFELDT, CLEGG, EBERLE, JORDAN and SHEALY. ABSTAIN: Moved by JORDAN and seconded by SHEALY that further reading of (O-31-10), (O-33-10),(O-34-10), (O-35-10), (O-36-10) and (O-37-10) be dispensed with and the record show that they have been read the third time in full. Proposed ordinance (O-31-10) by the Council: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY and Titled: AN ORDINANCE AMENDING THE SOLID WASTE FRANCHISE AGREEMENT BY AND BETWEEN THE CITY OF BOISE AND ALLIED WASTE SERVICES (ALLIED) TO INCLUDE AN UPDATED RATE SCHEDULE FOR REIMBURSEMENT TO ALLIED FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICES; REPEALING THE PRIOR ALLIED REIMBURSEMENT RATE SCHEDULE ESTABLISHED BY ORDINANCE NO. 6767; AND PROVIDING AN EFFECTIVE DATE, was read for the third time. proposed ordinance (O-31-10) be passed and that the same be numbered Ordinance 6795.

11 103 Proposed ordinance (O-33-10) by the Council: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY and Titled: AN ORDINANCE AMENDING BOISE CITY CODE TITLE 2, CHAPTER 24, FOR THE APPOINTMENT OF THE CITY EMPLOYEE MEMBER OF THE ETHICS COMMISSION; AND PROVIDING AN EFFECTIVE DATE, was read for the third time. proposed ordinance (O-33-10) be passed and that the same be numbered Ordinance Proposed ordinance (O-34-10) by the Council: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY and Titled: AN ORDINANCE (CAR / PHOENIX II, LLC AND GERALDINE HYATT FOR PROPERTIES LOCATED AT 4150, 4166, AND 4182 W. TARGEE 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 R-1C (SINGLE FAMILY RESIDENTIAL) TO R-2D (COMBINED RESIDENTIAL WITH DESIGN REVIEW); 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-34-10) be passed and that the same be numbered Ordinance Proposed ordinance (O-35-10) by the Council: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY and Titled: AN ORDINANCE (CAR / ANNEXATION / BOISE PARKS AND RECREATION DEPARTMENT) FOR PROPERTY LOCATED NORTH OF HILL ROAD, BETWEEN PIERCE PARK AND SHAW MOUNTAIN ROAD,

12 104 ANNEXING CERTAIN LANDS AND TERRITORY SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF BOISE CITY; ESTABLISHING AND DETERMINING THE LAND USE CLASSIFICATION OF SAID LANDS AS A-2 (OPEN LAND); PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY AUDITOR, THE ADA COUNTY TREASURER, THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION; PROVIDING THAT A COPY OF SAID LEGAL DESCRIPTION AND MAP BE RECORDED WITH THE ADA COUNTY RECORDER AND FILED WITH THE ADA COUNTY ASSESSOR AND THE IDAHO STATE TAX COMMISSION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE, was read for the third time. proposed ordinance (O-35-10) be passed and that the same be numbered Ordinance Proposed ordinance (O-36-10) by the Council: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY and Titled: AN ORDINANCE REPEALING ORDINANCE NO ( PERCENT FOR PUBLIC ART ) AND ENACTING BOISE CITY CODE TITLE 1, CHAPTER 25 ( PERCENT FOR PUBLIC ART ); ADOPTING A POLICY OF THE CITY OF BOISE CITY PROVIDING THAT 1 PERCENT OF ELIGIBLE CAPITAL EXPENDITURES BE APPROPRIATED FOR ACQUISITION OF PUBLIC ART; PROVIDING DEFINITIONS REGARDING ELIGIBLE CAPITAL IMPROVEMENT PROJECTS; PROVIDING GENERAL REQUIREMENTS FOR PUBLIC ART; PROVIDING THAT UP TO.4 PERCENT OF ELIGIBLE CAPITAL IMPROVEMENT EXPENDITURES FOR CONSERVATION AND MAINTENANCE OF PUBLIC ART AND FOR PROJECT MANAGEMENT AND ASSOCIATED COSTS; REVISING THE PLANNING PROCEDURE FOR PUBLIC ART PROJECTS; PROVIDING FOR THE POOLING OF BOTH GENERAL FUND AND ENTERPRISE FUND PERCENT FOR ART FUNDS; PROVIDING THAT IN COORDINATION WITH THE DEPARTMENT OF ARTS AND HISTORY OTHER CITY DEPARTMENTS MAY ASSIST IN THE MAINTEANCE OF PUBLIC ART WITHIN THOSE DEPARTMENTS FACILITIES; CORRECTING THE NAME OF THE DEPARTMENT OF ARTS AND HISTORY; APPROVING A SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE, was read for the third time. proposed ordinance (O-36-10) be passed and that the same be numbered Ordinance 6799.

13 105 Proposed ordinance (O-37-10) by the Council: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY and Titled: AN ORDINANCE DESIGNATING THIRTY-TWO LOCAL LANDMARKS PURSUANT TO BOISE CITY CODE ; AND PROVIDING AN EFFECTIVE DATE; AND PROVIDING AN EFFECTIVE DATE, was read for the third time. proposed ordinance (O-37-10) be passed and that the same be numbered Ordinance Renee Raymes, Homeowners of Chinden Boulevard requests, SOS , Street Name Change, Boise City (requesting a street name change for a 2,970 foot frontage road that parallels Chinden Boulevard located on the north side of Chinden Boulevard east of Cloverdale Road), was before Mayor and Council. Hal Simmons, Planning and Development Services, presented the staff report. Moved by JORDAN and seconded by EBERLE that Renee Raymes, Homeowners of Chinden Boulevard requests, SOS , Street Name Change, be granted as Chinden Ridge Drive and subject to conditions stated in the staff report. Moved by JORDAN and seconded by SHEALY to reconsider CUP , Special Exception, Persimmon II, LLC

14 106 request for approval of a special exception to construct a 1,800 sq. ft. retail building in conjunction with a previously approved grocery store on a 1.8 acre parcel located at 1511 W. Bannock Street in an R-ODD (Residential Office with Downtown Design Review) zone. Moved by JORDAN and seconded by SHEALY to set the hearing of the reconsideration of CUP , Special Exception, Persimmon II, LLC for February 1, Moved by JORDAN and seconded by SHEALY to move into Executive Session in accordance with Idaho Code (1)(b)(c)(f) for the purposes of discussing personnel, land acquisition and pending/probable litigation. Moved by SHEALY and seconded by JORDAN to move into the regularly scheduled Council meeting. Moved by SHEALY and seconded by JORDAN that the Boise City Council meeting be adjourned at 6:35 o'clock P.M. YEAS: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY and

15 107 APPROVE: MAYOR ATTEST: CITY CLERK

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