BOISE, IDAHO FEBRUARY 19, Council met in regular session Tuesday, February 19, 2008, Mayor DAVID H. BIETER, presiding.

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1 128 BOISE, IDAHO Council met in regular session Tuesday, February 19, 2008, Mayor DAVID H. BIETER, presiding. Roll call showed the following members present: BISTERFELDT, CLEGG, EBERLE, SHEALY and TIBBS. Absent: JORDAN. Invocation was given by Pastor Gary Smith, Red Rock Christian Church. minutes from the February 12, 2008, Boise City Council Work Session Meeting be approved. YEAS: BISTERFELDT, CLEGG, EBERLE and SHEALY. ABSTAIN: TIBBS. minutes from the February 12, 2008, Boise City Council Meeting be approved. YEAS: BISTERFELDT, CLEGG, EBERLE and SHEALY. ABSTAIN: TIBBS. Boise City Checks No thru in the total amount of $2,774, as of February 13, 2008 be approved. The Bid Results for RFP : Analysis, Implement and Support PeopleSoft HCM & FMS option B & C,

2 129 Information and Technology Department were before Mayor and Council as enumerated in staff report dated February 7, RECOMMENDATION: The Purchasing Division concurs with Information and Technology Department in recommending that RFP : Analysis, Implement and Support PeopleSoft HCM & FMS option B & C, be awarded to the lowest responsive and responsible bidder, CedarCrestone, in a total amount not to exceed $450,000. recommendations be followed and the bid be awarded to CedarCrestone, in the total contract amount of $450,000. The Bid Results for F/B : New, Unused Airport Parking Shuttles, Finance and Administration Department were before Mayor and Council as enumerated in staff report dated February 8, RECOMMENDATION: The Purchasing Division concurs with Finance and Administration, Fleet Services Department in recommending that F/B : New, Unused Airport Parking Shuttles, be awarded to the lowest responsive and responsible bidder, Intermountain Coach Leasing, Inc., in a total amount not to exceed $79, recommendations be followed and the bid be awarded to Intermountain Coach Leasing, Inc., in the total contract amount of $79, The Bid Results for F/B : Protective Clothing Structural Firefighting Gear, Fire Department were before Mayor and Council as enumerated in staff report dated February 7, RECOMMENDATION: The Purchasing Division concurs with Boise Fire Department in recommending that F/B : Protective Clothing Structural Firefighting Gear, be awarded to the

3 130 lowest responsive and responsible bidder, Municipal Emergency Services, Inc., in a total amount not to exceed $56, recommendations be followed and the bid be awarded to Municipal Emergency Services, Inc., in the total contract amount of $56, Authorization to Procure 2008 Chevrolet Impala off State Contract #SBPO 1286, Purchasing Contract IFB , Police Department were before Mayor and Council as enumerated in staff report dated February 6, RECOMMENDATION: The Purchasing Division concurs with Police Department in recommending that Authorization to Procure 2008 Chevrolet Impala off State Contract #SBPO 1286, Purchasing Contract IFB , be awarded to Tyler and Kelly Trademark Motors, in a total amount not to exceed $140, recommendations be followed and the bid be awarded to Tyler and Kelly Trademark Motors, in the total contract amount of $140, Approval of Sole Source Purchase; IFB : Sole Source Back Influent Pump, Public Works Department were before Mayor and Council as enumerated in staff report dated February 13, RECOMMENDATION: The Purchasing Division concurs with Public Works Department in recommending that Approval of Sole Source Purchase; IFB : Sole Source Back Influent Pump, be awarded to the lowest responsive and responsible bidder, Fairbanks Morse, in a total amount not to exceed $160, recommendations be followed and the bid be awarded to

4 131 Fairbanks Morse, in the total contract amount of $160, The City Clerk requested the following claims(s) be acknowledged and referred to the office of the Treasurer: a) Christina D. Speier, Personal Injury claim(s) be acknowledged and referred to the office of the Treasurer as requested. The City Clerk requested March 18, 2008, in Council Chambers be confirmed for a public hearing on: a) CAR /Rezone/Boise City requests approval to rezone +/ acres located at 2419 W. Fairview Avenue from C-3D (Service Commercial with Design Review) to C-4DEF (Planned Commercial with Design Review and the East Fairview Overlay). b) CAR /Rezone/Boise City requests approval to rezone +/ acres located at 2800 W. Fairview Avenue from C-2D (General Commercial with Design Review) to C-4DEF (Planned Commercial with Design Review and the East Fairview Overlay). c) CAR /Boise City requests approval of a zoning ordinance amendment to add the East Fairview Interim Overlay District to Chapter 4 of the Boise City Zoning Ordinance. Moved by EBERLE and seconded by CLEGG that March 18, 2008 in Council Chambers be confirmed as requested.

5 132 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) Sole Source Purchase: Influent Backup Pump, Public Works Department b) Foothills Conservation Advisory Committee Minutes, January 9, 2008 c) City of Boise Treasury Division State of the Treasury Report, January 2008 minutes, reports and requests be received and directed filed in the office of the City Clerk as requested. Proposed resolution (R-49-08) by the Council: Titled: A RESOLUTION AUTHORIZING THE DIRECTOR OF THE DEPARTMENT OF PARKS AND RECREATION TO EXECUTE AN APPLICATION FOR THE 2008 TRANSPORTATION IMPROVEMENT PROGRAM (SAFETEA-LU) FOR ENHANCEMENT FUNDS FOR FISCAL YEAR 2011 ON BEHALF OF BOISE CITY; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-49-08) be adopted and that same be numbered Resolution Proposed resolution (R-50-08) by the Council: Titled: A RESOLUTION APPROVING AND ADOPTING A SOLID WASTE STRATEGIC PLAN FOR THE CITY OF BOISE; AND PROVIDING AN EFFECTIVE DATE, was read in full.

6 133 proposed resolution (R-50-08) be adopted and that same be numbered Resolution Proposed resolution (R-68-08) by the Council: Titled: A RESOLUTION GRANTING AND APPROVING A TEMPORARY CONSTRUCTION EASEMENT BETWEEN THE CITY OF BOISE CITY, BY AND THROUGH THE DEPARTMENT OF PARKS AND RECREATION AND ADA COUNTY HIGHWAY DISTRICT ("ACHD"); AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-68-08) be adopted and that same be numbered Resolution Proposed resolution (R-70-08) by the Council: Titled: A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF BOISE CITY, THROUGH ITS DEPARTMENT OF PLANNING AND DEVELOPMENT SERVICES, AND INTERFAITH SANCTUARY HOUSING SERVICES, INC., FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE INSTALLATION OF A FIRE SPRINKLER SYSTEM AND ACCESSIBILITY MODIFICATIONS TO A SHELTER LOCATED AT 1620 WEST RIVER STREET, BOISE, IDAHO; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-70-08) be adopted and that same be numbered Resolution

7 134 Proposed resolution (R-71-08) by the Council: Titled: A RESOLUTION APPROVING A FIRST ADDENDUM TO AN AGREEMENT BETWEEN THE CITY OF BOISE CITY, THROUGH ITS DEPARTMENT OF PLANNING AND DEVELOPMENT SERVICES, AND NEIGHBORHOOD HOUSING SERVICES, INC., FOR AN INCREASE IN THE AMOUNT OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ALLOCATED TO SUPPORT THE MOBILE HOME OPTIONAL RELOCATION PROGRAM; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID FIRST ADDENDUM; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-71-08) be adopted and that same be numbered Resolution Proposed resolution (R-72-08) by the Council: Titled: A RESOLUTION APPROVING A PROMOTIONAL AND SPONSORSHIP AGREEMENT BY AND BETWEEN THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT), BOISE WATERSHEDS EXHIBITS INC. AND CABLE ONE, INC. FOR THE PROVISION OF CABLE SERVICES AND EQUIPMENT TO THE BOISE WATERSHED; 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-72-08) be adopted and that same be numbered Resolution Proposed resolution (R-74-08) by the Council:

8 135 Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF BOISE, A RENEWAL OF RFP ; ZOO BOISE SECURITY SERVICES, ZOO BOISE, BETWEEN THE CITY OF BOISE AND IDAHO RANGERS SECURITY; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-74-08) be adopted and that same be numbered Resolution Proposed resolution (R-75-08) by the Council: Titled: A RESOLUTION DECLARING UNITED WATER IDAHO, INC. TO BE THE SOLE SOURCE PROVIDER FOR FIRE HYDRANT INSTALLATION AND REPAIR, BOISE FIRE DEPARTMENT, BOISE CITY, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF BOISE CITY, THE RENEWAL OF CONTRACT NUMBER 04- CON-085 BETWEEN THE CITY OF BOISE CITY AND UNITED WATER IDAHO, INC.; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-75-08) be adopted and that same be numbered Resolution Proposed resolution (R-76-08) by the Council: Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF BOISE CITY, A RENEWAL FOR RFP A, PUMP AND WELL SERVICE REPAIR CONTRACT, PUBLIC WORKS/PARKS AND RECREATION DEPARTMENTS, BETWEEN THE CITY OF BOISE CITY AND RIVERSIDE, INC.; AND PROVIDING AN EFFECTIVE DATE, was read in full.

9 136 proposed resolution (R-76-08) be adopted and that same be numbered Resolution Proposed resolution (R-77-08) by the Council: Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF BOISE CITY, A RENEWAL FOR RFP B, PUMP AND WELL SERVICE REPAIR CONTRACT, PUBLIC WORKS/PARKS AND RECREATION DEPARTMENTS, BETWEEN THE CITY OF BOISE CITY AND MISSMAN ELECTRIC; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-77-08) be adopted and that same be numbered Resolution Proposed resolution (R-78-08) 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 TO AWARD RFP ; ANALYSIS, IMPLEMENT AND SUPPORT PEOPLESOFT HCM & FMS OPTION B & C, INFORMATION AND TECHNOLOGY DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND CEDARCRESTONE INC.; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-78-08) be adopted and that same be numbered Resolution

10 137 Proposed resolution (R-79-08) by the Council: Titled: A RESOLUTION APPROVING AN EASEMENT FOR THE ERECTION AND CONTINUED OPERATION, MAINTENANCE, REPAIR, ALTERATION, INSPECTION AND REPLACEMENT OF ELECTRICAL TRANSMISSION DISTRIBUTION AND TELEPHONE LINES AND CIRCUITS BY AND BETWEEN THE CITY OF BOISE, AS GRANTOR, AND IDAHO POWER COMPANY, AS GRANTEE, ON, OVER AND ACROSS A PORTION OF ANN MORRISON PARK; 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-79-08) be adopted and that same be numbered Resolution Proposed resolution (R-80-08) by the Council: Titled: A RESOLUTION VACATING AN IRRIGATION PUMP STATION AND PIPELINE EASEMENT AGREEMENT BY AND BETWEEN THE CITY OF BOISE (GRANTEE) AND IDAHO POWER COMPANY (GRANTOR) LOCATED IN THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 3 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS RECORDED WITH THE ADA COUNTY RECORDER AS INSTRUMENT NO ; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-80-08) be adopted and that same be numbered Resolution Proposed resolution (R-81-08) by the Council:

11 138 Titled: A RESOLUTION APPROVING AN AMENDED TRUST AGREEMENT FOR THE CITY OF BOISE HEALTH CARE PLAN; AND 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-81-08) be adopted and that same be numbered Resolution Proposed resolution (R-83-08) by the Council: Titled: A RESOLUTION APPROVING A BARGAIN AND SALE DEED BY AND BETWEEN THE CITY OF BOISE CITY, BY AND THROUGH ITS DEPARTMENT OF PARKS AND RECREATION ("GRANTOR"), AND THE ADA COUNTY HIGHWAY DISTRICT ("ACHD") ("GRANTEE"); GRANTING AND APPROVING THE CONVEYANCE TO ACHD OF TWO PARCELS OF REAL PROPERTY, CONSISTING OF ACRES (3783 SQUARE FEET) AND ACRES (4478 SQUARE FEET) LOCATED IN BOISE, ADA COUNTY, IDAHO, FOR THE PURPOSE OF CONSTRUCTING THE EAST PARKCENTER BRIDGE; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-83-08) be adopted and that same be numbered Resolution Councilmember EBERLE 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-6-08) by the Council:

12 139 Titled: AN ORDINANCE (CAR /CITY OF BOISE) TO AMEND TITLE 11, CHAPTER 04, SECTION 14, REQUIRING RAIN GUTTERS ON SIDE ELEVATIONS AS PART OF THE DEVELOPMENT STANDARDS ON SUBSTANDARD LOTS OF RECORD; AND PROVIDING AN EFFECTIVE DATE, was read for the second time. Proposed ordinance (O-8-08) by the Council: Titled: AN ORDINANCE (CAR /DOUBLE VISION GROUP, LLC FOR PROPERTY LOCATED AT W/ TIOGA COURT) 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-1A (SINGLE FAMILY RESIDENTIAL 2.1 DU/ACRE) TO R-1B (SINGLE FAMILY RESIDENTIAL 4.8 DU/ACRE); SETTING FORTH A REASONED STATEMENT IN SUPPORT OF SUCH ZONE CHANGE; AND PROVIDING AN EFFECTIVE DATE, was read for the second time. Proposed ordinance (O-9-08) by the Council: Titled: AN ORDINANCE (CAR /JESS BRAUNER FOR PROPERTY LOCATED AT 2944 N. LINDA VISTA LANE AND 2935 N. KIMBALL 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-1B (SINGLE FAMILY RESIDENTIAL 4.8 DU/ACRE ) TO R-1C (SINGLE FAMILY RESIDENTIAL 8.0 DU/ACRE); SETTING FORTH A REASONED STATEMENT IN SUPPORT OF SUCH ZONE CHANGE; AND PROVIDING AN EFFECTIVE DATE, was read for the second time. Moved by EBERLE and seconded by CLEGG that further reading of proposed ordinance (O-7-08) be dispensed with and the record show that it has been read the third time in full. Proposed ordinance (O-7-08) by the Council:

13 140 Titled: AN ORDINANCE AMENDING BOISE CITY CODE TITLE 8, CHAPTER 11, SECTIONS 2.01 (SINGLE FAMILY EQUIVALENT DEFINITION), 7.03, 8.01 AND 8.02 TO REMOVE REFERENCES TO THE NO LONGER EXISTING SOUTHWEST INTERCEPTOR CONNECTION FEE; AMENDING BOISE CITY CODE TO REMOVE SPECIFIC INTEREST PAYMENT PROVISIONS FOR PROPERTIES WITHIN THE BOISE AREA OF IMPACT AND TO REMOVE REFERENCE TO THE SOUTHWEST INTERCEPTOR CONNECTION FEE; AMENDING BOISE CITY CODE TO REMOVE EQUIVALENT ASSESSMENT DEFERRAL PROVISIONS APPLYING ONLY TO PROPERTIES IN THE BOISE AREA OF IMPACT; AMENDING BOISE CITY CODE D TO LIMIT DISCHARGE OF SEPTAGE, SEWERAGE, EFFLUENT OR OTHER BY-PRODUCT FROM MULTI- USER WASTEWATER DISPOSAL SYSTEMS EXCEPT BY WRITTEN AGREEMENT; AMENDING BOISE CITY CODE TO CLARIFY THAT SEPTAGE MUST BE DISPOSED OF AT A DESIGNATED TREATMENT FACILITY; PROVIDING AN EFFECTIVE DATE AND APPROVING A SUMMARY OF THE ORDINANCE, was read for the third time. proposed ordinance (O-7-08) be passed and that the same be numbered Ordinance City of Boise SOS , Consent to Vacate Right-Of-Way (a portion of the public right-of-way located on the west side of Eisenman Road approximately 4,500 feet northwest of the Eisenman Memory interchange on Interstate 84 North), was before Mayor and Council. David Abo, Planning and Development Services, presented the staff report. Moved by EBERLE and seconded by CLEGG that SOS , Consent to Vacate Right-Of-Way (a portion of the public right-of-way located on the west side of Eisenman Road approximately 4,500 feet northwest of the Eisenman Memory interchange on Interstate 84 North) be granted as requested subject to conditions stated in the staff report. Fitzpatrick Condominiums SUB Preliminary and Final Plat, Boise City (proposed three unit residential

14 141 condominium project located on the west side of N. Hartman Street approximately 450 feet south of W. Fairview Avenue or 1435 N. Hartman Street), was before Mayor and Council. David Abo, Planning and Development Services, presented the staff report. Moved by EBERLE and seconded by CLEGG that Fitzpatrick Condominiums SUB Preliminary and Final Plat be granted as requested subject to conditions stated in the staff report. Rosemary Row Condominiums SUB Preliminary and Final Plat, Boise City (proposed four unit residential condominium development on.246 acres located on the west side of South Amy Avenue approximately 1026 feet south of E. Pennsylvania Avenue at 2251 South Amy Avenue), was before Mayor and Council. David Abo, Planning and Development Services, presented the staff report. Moved by EBERLE and seconded by CLEGG that Rosemary Row Condominiums SUB Preliminary and Final Plat be granted as requested subject to conditions stated in the staff report. Moved by EBERLE and seconded by CLEGG that CAR /The City of Boise request for a text amendment to the Boise City Comprehensive Plan, Chapter 6, Transportation, 6.2 Transit, to incorporate by reference the State Street Corridor Transit Oriented Development Policy Guidelines and accompanying Objective and Policies be deferred to March 18, 2008.

15 142 Mayor BIETER announced that this was the time and place set for a public hearing on CAR /Rezone/Winston Moore request for approval to rezone +/-2.88 acres located at W. Emerald Street from M-1D (Limited Industrial with Design Review) to C-1D (Neighborhood Commercial with Design Review). Hal Simmons, Planning and Development Services, presented the staff report. Jonathon Seal, 1940 Bonito Way, Meridian, Idaho, applicant representative, addressed the Council in support of the rezone. closed. Mayor BIETER announced that the public hearing was Moved by EBERLE and seconded by TIBBS that CAR /Rezone/Winston Moore request for approval to rezone +/-2.88 acres located at W. Emerald Street from M- 1D (Limited Industrial with Design Review) to C-1D (Neighborhood Commercial with Design Review) be approved. Mayor BIETER announced that this was the time and place set for a public hearing on CAR /Rezone/Edward J. Mason request for approval to rezone +/-.76 acres located at W. Ustick Road from PC/DA (Pedestrian Commercial with a Development Agreement) to R-2D (Combined Residential with Design Review) zone and Station Subdivision No. 2 SUB Preliminary and Final Plat, Boise City (proposed residential subdivision with 10 townhouse lots and one common lot located on.76 acres with a density of lots per acre located at the southwest corner of N. Shamrock Avenue and W. Ustick Road). Hal Simmons, Planning and Development Services, presented the staff report. Kent Brown, 1472 E. Iron Eagle Drive, Eagle, Idaho, applicant representative, addressed the Council in support of the rezone. closed. Mayor BIETER announced that the public hearing was

16 143 Moved by EBERLE and seconded by CLEGG that CAR /Rezone/Edward J. Mason request for approval to rezone +/-.76 acres located at W. Ustick Road from PC/DA (Pedestrian Commercial with a Development Agreement) to R-2D (Combined Residential with Design Review) zone be approved. Moved by EBERLE and seconded by SHEALY that Station Subdivision No. 2 SUB Preliminary and Final Plat be approved. There being no further business the meeting adjourned at 7:00 o'clock P.M. APPROVE: MAYOR ATTEST: CITY CLERK