BOISE, IDAHO OCTOBER 16, Council met in regular session Tuesday, October 16, 2001, Mayor BRENT COLES, presiding.

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1 47 BOISE, IDAHO Council met in regular session Tuesday, October 16, 2001, Mayor BRENT COLES, presiding. Roll call showed the following members present: Absent: TERTELING- PAYNE. Invocation was given by Pastor Joe Dorociak, Trinity Presbyterian Church. Moved by FORNEY and seconded by MAPP that the minutes from the October 9, 2001, City Pre-Council Meeting be approved. Moved by FORNEY and seconded by MAPP that the minutes from the October 9, 2001, City Council Meeting be approved. Mayor COLES announced that it was the time and place set for the reappointment of Jack Taylor, P.E. to the Boise City Electrical Board of Appeals to fill an expired three year term to June 21, Moved by WETHERELL and seconded by MASON that the reappointment of Jack Taylor, P.E. to the Boise City Electrical Board of Appeals to fill an expired three year term to June 21, 2004 be approved.

2 48 Mayor COLES announced that it was the time and place set for the reappointment of David O. Musgrove, P.E. to the Boise City Plumbing, Heating and Mechanical Board of Appeals to fill an expired two year term to August 27, Moved by WETHERELL and seconded by MASON that the reappointment of David O. Musgrove, P.E. to the Boise City Plumbing, Heating and Mechanical Board of Appeals to fill an expired two year term to August 27, 2003 be approved. Moved by BAKER and seconded by MASON that the Boise City Checks No thru in the total amount of $2,733, as of October 10, 2001 be approved. The Bid Results for F/B : Irrigation Conversion to Center Pivots for the Twenty Mile South Farm were before Mayor and Council as enumerated in staff report dated October 1, RECOMMENDATION: The Purchasing Division concurs with Public Works in recommending that F/B : Irrigation Conversion to Center Pivots for the Twenty Mile South Farm be awarded to the lowest responsive and responsible bidder, Agri-Lines Irrigation, Inc., in a total amount not to exceed $97,009. Moved by BAKER and seconded by MASON that the recommendations be followed and the bid be awarded to Agri-Lines Irrigation, Inc., in a total amount not to exceed $97,009.

3 49 JANUARY 30, 2001 The Bid Results for F/B : The Lander Street Wastewater Treatment Plant (WWTP), Provide and Install a 4" Digester Gas Line were before Mayor and Council as enumerated in staff report dated October 1, RECOMMENDATION: The Purchasing Division concurs with Public Works in recommending that F/B : The Lander Street Wastewater Treatment Plant (WWTP), Provide and Install a 4" Digester Gas Line be awarded to the lowest responsive and responsible bidder, Turn- Key, Inc., in a total amount not to exceed $35,500. Moved by BAKER and seconded by MASON that the recommendations be followed and the bid be awarded to Turn-Key, Inc., in a total amount not to exceed $35,500. The Bid Results for F/B : Re-roof of Boise City Library were before Mayor and Council as enumerated in staff report dated October 1, RECOMMENDATION: The Purchasing Division concurs with the Public Works in recommending that F/B : Re-roof of Boise City Library be awarded to the lowest responsive and responsible bidder, GDT Sales, in a total amount not to exceed $98,160. Moved by BAKER and seconded by MASON that the recommendations be followed and the bid be awarded to GDT Sales, in a total amount not to exceed $98,160.

4 50 The City Clerk requested the following claims(s) be acknowledged and referred to the office of the Treasurer: a) Andrew Musick, Property Damage b) Barbara Roberts, Personal Injury c) John and Janelle Catlin, Property Damage Moved by BAKER and seconded by MASON that the claim(s) be acknowledged and referred to the office of the Treasurer as requested. The City Clerk requests the following applications for Alcohol Beverage Catering Permits be acknowledged and approved: a) Ram Restaurant regarding BSU Alumni Association at BSU Alumni Center on October 27, 2001 Moved by BAKER and seconded by MASON that the Alcohol Beverage Catering Permits be acknowledged and approved as requested. The Mayor's Budget Team requests the following recommendation be approved by Council. a) Approve an annual base increase to the Government Buildings budget of $4,200 for security enhancements at City Hall. b) Approval of implementation of Council policy to apply franchise fee receipts beyond budgeted amounts to department utility costs in the tax funded services. c) Approval of two fte and an appropriation of $93,873 in the Parks and Recreation Department budget to provide budget authority for management of the Ridge to Rivers program.

5 51 d) Approval of a full time position and FTE and of the associated appropriation of $23,000 to convert an eleven month seasonal zoo position to permanent full time, offset by additional revenue within the Zoo programs. If the revenue is not received, the zoo will be tasked with covering the additional costs within their FY 2002 budget. e) Approval of a transfer of $13,731 from the Mayor s contingent account to Human Resources to reimburse drug testing costs beyond the budgeted level in FY f) Approval of $43,484 in additional appropriation for the Mellodee Thornton Housing project, consistent with April 2001 Council approval of the project scope and financing. g) Approval of a waiver for indirect costs assigned to the Airport in FY 2002 with the provision that the Airport will repay the indirect cost amount to the General Fund when finances are available. h) Approval of the capital improvement project to install greenbelt lighting from Main Street Bridge to Municipal Park on both sides of the Boise River (unfunded FY 2002 priority #1) with a project budget of $187,620 and to be funded with available FY 2001 end of year savings. Moved by BAKER and seconded by MASON that the Mayor's Budget Team recommendation be approved as requested. 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 Planning and Zoning Commission Minutes, September 10, 2001 b) Boise City Building Construction Report, Calendar Report, Jan.-Sept c) Boise City Building Construction Report, Fiscal Report, Oct.-Sept d) Boise City Building Construction Report, September 2001

6 52 Moved by BAKER and seconded by MASON that the minutes, reports and requests be received and directed filed in the office of the City Clerk as requested. Proposed ordinance (O-65-01) by the Council: Titled: AN ORDINANCE DECLARING THE INTENT OF BOISE CITY, PLANNING AND DEVELOPMENT SERVICES TO SELL, CONVEY, OR EXCHANGE CERTAIN REAL PROPERTY AS PER ATTACHED EXHIBITS A AND B, BOISE, IDAHO, WHICH WERE PURCHASED SOLELY WITH FEDERAL FUNDS AND WILL BE SOLD TO LOW OR MODERATE INCOME PERSONS EXCLUSIVELY; AND PROVIDING AN EFFECTIVE DATE, was read for the third time. ordinance (O-65-01) be passed and that the same be numbered Ordinance Councilmember BAKER requested unanimous consent to expedite the reading of ordinance (O-66-01) for second and third reading with a waiver of the reading rules. Unanimous consent was granted. Proposed ordinance (O-66-01) by the Council: Titled: AN ORDINANCE (CAR /FRANK VARRIALE FOR PROPERTY LOCATED AT W. OVERLAND ROAD)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

7 53 LANDS AS R-1B (SINGLE FAMILY RESIDENTIAL) AND L-OD (LIMITED OFFICE WITH DESIGN REVIEW); PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE, was read for the second and third time. ordinance (O-66-01) be passed and that the same be numbered Ordinance Proposed ordinance (O-67-01) by the Council: Titled: AN ORDINANCE (CAR /BOISE CITY) AMENDING TITLE 11, CHAPTER 1, SECTION 3, CHAPTER 2, SECTION 4.04B, CHAPTER 3, SECTIONS 2 AND 5.04, CHAPTER 4, SECTIONS 3.05, 3.07, 4.01J, 5.01, 8.06 AND 8.07, CHAPTER 6, SECTION 6.01, CHAPTER 7, SECTIONS 9.04 AND 9.05H, CHAPTER 8, SECTION 3, CHAPTER 9, SECTION 3.04 AND CHAPTER 10, SECTIONS 2.02 AND THE PURPOSE OF THE CHANGES ARE TO AMEND THE FOLLOWING: (1) THE DEFINITION OF DWELLING UNIT TO INCLUDE SHELTER HOME FOR 8 OR FEWER MENTALLY AND/OR PHYSICALLY HANDICAPPED OR ELDERLY PERSONS; (2) THE TERM BUILDING TO STRUCTURE WITH REGARD TO HEIGHT LIMITS IN THE RESIDENTIAL ZONES; (3) THE REQUIREMENT THAT A CONDITIONAL USE IS NOT REQUIRED IN THE INDUSTRIAL ZONE FOR STORAGE OF FLAMMABLE LIQUIDS THAT ARE NECESSARY FOR THE PURPOSES ON THE SITE; (4) THAT CERTAIN CONDITIONAL USES IN THE RESIDENTIAL OFFICE ZONE HAVE ADDITIONAL REQUIREMENTS; (5) THE REQUIREMENT FOR CONVERSION OF A NONCONFORMING USE IS A ZONING CERTIFICATE AND NOT A CONDITIONAL USE; (6) THE APPROVAL OF APPLICATIONS IN THE CAPITOL BOULEVARD DISTRICT BY THE DESIGN REVIEW COMMITTEE WITH INPUT FROM THE CAPITOL CITY DEVELOPMENT CORPORATION; (7) THE SUBMITTAL REQUIREMENTS FOR AN ANNEXATION APPLICATION; (8) THE PROCEDURE TO ESTABLISH A NONCONFORMING USE AND ALLOW A PERIOD OF 10 YEARS FOR NONUSE; (9) THE REQUIREMENT FOR VAN ACCESSIBLE PARKING BY ADDING AN EXCEPTION; (10) THE MAXIMUM WIDTH/AREA OF DRIVEWAYS FOR DUPLEXES; AND (11) THE REQUIREMENTS FOR OFF-STREET PARKING FOR MULTI-STORY OFFICE BUILDINGS IN P-2 AND P-3 ZONES; AND PROVIDING AN EFFECTIVE DATE, was read for the second time.

8 54 Proposed resolution (R ) by the Council: Titled: A RESOLUTION VACATING THE PLAT FOR DOGWOOD COURT CONDOMINIUMS SUBDIVISION, AS FILED AND RECORDED WITH THE ADA COUNTY RECORDER IN BOOK 77 OF PLATS, PAGES ; AND PROVIDING AN EFFECTIVE DATE, was read in full. resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING CHANGES IN THE BOISE CITY EMPLOYEE HANDBOOK SPECIFICALLY ADDING SECTION (POST-EMPLOYMENT HEALTH PLAN {PEHP}); AND 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. resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NUMBER TWO TO AN AVIATION LAND LEASE BETWEEN BOISE CITY AND UNITED STATES OF AMERICA, ACTING THROUGH THE FEDERAL AVIATION ADMINISTRATION, FOR THE LEASE OF CERTAIN PREMISES UPON BOISE AIR TERMINAL (GOWEN

9 55 FIELD); AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full. resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING AN AMENDMENT NUMBER TWO TO AN AGREEMENT OF LEASE BETWEEN BOISE CITY AND FARM DEVELOPMENT CORPORATION FOR THE LEASE OF CERTAIN PREMISES UPON BOISE AIR TERMINAL (GOWEN FIELD); AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full. resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING THE ABANDONMENT AND VACATION OF SANITARY SEWER EASEMENTS LOCATED WITHIN THE VICINITY OF MOORE STREET BETWEEN STEWART AVENUE AND ROSE STREET; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID SANITARY SEWER EASEMENT ABANDONMENT AND VACATION ON BEHALF OF BOISE CITY; AND PROVIDING AN EFFECTIVE DATE, was read in full.

10 56 resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF BOISE, AN AGREEMENT FOR F/B ; RE-ROOF OF BOISE CITY LIBRARY, PUBLIC WORKS DEPARTMENT, BETWEEN THE CITY OF BOISE AND GDT SALES, INC.; AND PROVIDING AN EFFECTIVE DATE, was read in full. resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF BOISE, AN AGREEMENT FOR F/B ; THE LANDER STREET WASTEWATER TREATMENT PLANT (WWTP); PROVIDE AND INSTALL A 4" DIGESTER GAS LINE, PUBLIC WORKS DEPARTMENT, BETWEEN THE CITY OF BOISE AND TURN-KEY, INC.; AND PROVIDING AN EFFECTIVE DATE, was read in full. resolution (R ) be adopted and that same be numbered Resolution

11 57 Proposed resolution (R ) by the Council: Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF BOISE, AN AGREEMENT FOR F/B ; IRRIGATION CONVERSION TO CENTER PIVOTS FOR THE TWENTY MILE SOUTH FARM, OPTIONAL ITEM 3, PUBLIC WORKS DEPARTMENT, BETWEEN THE CITY OF BOISE AN AGRI-LINES IRRIGATION, INC.; AND PROVIDING AN EFFECTIVE DATE, was read in full. resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE, ON BEHALF OF THE CITY OF BOISE, CHANGE ORDER NUMBER ONE TO F/B ; PLAYGROUND EQUIPMENT INSTALLATION, PARKS AND RECREATION DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND QUALITY INSTALLATION, INC. dba IDAHO PARKS, INC.; AND PROVIDING AN EFFECTIVE DATE, was read in full. resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council:

12 58 Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE, ON BEHALF OF THE CITY OF BOISE, CHANGE ORDER NUMBER TWO TO F/B ; FY2001 ALLEY SEWER REPLACEMENT, PUBLIC WORKS DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND ALLIANCE CORPORATION; AND PROVIDING AN EFFECTIVE DATE, was read in full. resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST AN AGREEMENT BETWEEN THE BOISE NOON OPTIMIST CLUB, THE BOISE YOUTH SPORTS COMPLEX, INC. AND THE CITY OF BOISE, BY AND THROUGH ITS PARKS AND RECREATION DEPARTMENT REGARDING THE POSSIBLE FUNDING AND DEVELOPMENT OF AN EXPANSION OF THE CITY PARK KNOWN AS THE OPTIMIST YOUTH SPORTS COMPLEX; AND PROVIDING AN EFFECTIVE DATE, was read in full. resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM MUNICIPAL STORMWATER PERMIT ("NPDES PERMIT")

13 59 BETWEEN THE CITY OF BOISE, THE ADA COUNTY HIGHWAY DISTRICT, CITY OF GARDEN CITY, BOISE STATE UNIVERSITY, THE IDAHO TRANSPORTATION DEPARTMENT, DISTRICT NO. 3, THE ADA COUNTY DRAINAGE NO. 3 COLLECTIVELY THE "CO-PERMITTEES" DEFINING THE RESPECTIVE OBLIGATIONS OF THE CO-PERMITTEES TO ENSURE COMPLIANCE WITH THE NPDES MUNICIPAL STORMWATER REQUIREMENTS PURSUANT TO THE CLEAN WATER ACT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF BOISE CITY; AND PROVIDING AN EFFECTIVE DATE, was read in full. resolution (R ) be adopted and that same be numbered Resolution Councilmember MAPP requested unanimous consent to move to New Business on tonight's Council agenda. Unanimous consent was granted. Business Park Subdivision No. 4 SUB request for Preliminary Plat was before Mayor and Council. Wayne Gibbs, Planning and Development Services, presented the staff report. Moved by FORNEY and seconded by BAKER that Business Park Subdivision No. 4 SUB Preliminary Plat be granted as requested subject to conditions stated in staff report dated October 10, BAKER, FORNEY, MAPP and MASON. NAYS: WETHERELL. Palm Court Subdivision SUB request for Preliminary Plat was before Mayor and Council.

14 60 Wayne Gibbs, Planning and Development Services, presented the staff report. Moved by FORNEY and seconded by MAPP that Palm Court Subdivision SUB Preliminary Plat be granted as requested subject to conditions stated in staff report dated October 9, Mayor COLES announced that this was the time and place set for a public hearing on CAR /Annexation/Rodel LLC (ETC) request for approval of an annexation of 9.24 acres of property at 6560 W. Targee Street with a zoning designation of M-1 (Limited Industrial). Wayne Gibbs, Planning and Development Services, presented the staff report. issue. There was no one in the audience to testify on this Mayor COLES announced that the public hearing was closed. Moved by WETHERELL and seconded by FORNEY that CAR /Annexation/Rodel LLC (ETC) request for approval of an annexation of 9.24 acres of property at 6560 W. Targee Street with a zoning designation of M-1 (Limited Industrial) be approved. Mayor COLES announced that this was the time and place set for a public hearing on CAR /Rezone/Twayne Walker request for approval of a rezone of acres of property from A (Open) to L-OD (Limited Office with Design Review) at 3965 N. Eagle Road. Wayne Gibbs, Planning and Development Services, presented the staff report.

15 61 issue. There was no one in the audience to testify on this Mayor COLES announced that the public hearing was closed. Moved by WETHERELL and seconded by BAKER that CAR /Rezone/Twayne Walker request for approval of a rezone of acres of property from A (Open) to N-OD (Neighborhood Office with Design Review) at 3965 N. Eagle Road be approved as agreed upon. Mayor COLES announced that this was the time and place set for a public hearing on CAR /Boise City request for an ordinance amendment to Title 11, Chapter 18 - Wireless Communication Facilities (WCF) - which would require a conditional use permit in order to increase the height of an existing pole solely for the purpose of accommodating a WCF. Wayne Gibbs, Planning and Development Services, presented the staff report. Tom Witcher, 1221 W. Idaho, Idaho Power Company representative, addressed the Council regarding the problem that the ordinance would discourage co-location on utility poles. Mayor COLES announced that the public hearing was closed. Moved by WETHERELL and seconded by MASON that CAR /Boise City request for an ordinance amendment to Title 11, Chapter 18 - Wireless Communication Facilities (WCF) - which would require a conditional use permit in order to increase the height of an existing pole solely for the purpose of accommodating a WCF be approved.

16 62 Mayor COLES announced that this was the time and place set for a public hearing on CAR /Rezone/Pat McMonigle request for approval of a rezone of 1.8 acres of property from M-1D (Limited Industrial with Design Review) to C-1D/DA (Neighborhood Commercial with Design Review and a Development Agreement) at 723 N. Mitchell Street. Wayne Gibbs, Planning and Development Services, presented the staff report. issue. There was no one in the audience to testify on this Mayor COLES announced that the public hearing was closed. Moved by BAKER and seconded by FORNEY that CAR /Rezone/Pat McMonigle request for approval of a rezone of 1.8 acres of property from M-1D (Limited Industrial with Design Review) to C-1D/DA (Neighborhood Commercial with Design Review and a Development Agreement) at 723 N. Mitchell Street be approved. BAKER, FORNEY, MAPP and MASON. NAYS: WETHERELL. Mayor COLES announced that this was the time and place set for a public hearing on CAR /Rezone/F. LaMarr Heyrend request for approval of a rezone of acres of property from L- OD (Limited Office with Design Review) to C-1D (Neighborhood Commercial with Design Review) at 6015 Overland Road. Wayne Gibbs, Planning and Development Services, presented the staff report. issue. There was no one in the audience to testify on this Mayor COLES announced that the public hearing was closed. Moved by MAPP and seconded by FORNEY that CAR /Rezone/F. LaMarr Heyrend request for approval of a rezone of acres of property from L-OD (Limited Office with Design Review) to C-1D (Neighborhood Commercial with Design Review) at 6015 Overland Road be approved.

17 63 There being no further business the meeting adjourned at 8:15 o'clock P.M. APPROVE: MAYOR ATTEST: CITY CLERK