BOISE, IDAHO APRIL 22, Council met in regular session Tuesday, April 22, 2003, Mayor CAROLYN TERTELING-PAYNE, presiding.

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1 16 BOISE, IDAHO Council met in regular session Tuesday, April 22, 2003, Mayor CAROLYN TERTELING-PAYNE, presiding. Roll call showed the following members present: Absent: MAPP. Moved by FORNEY and seconded by MASON that the minutes from the April 15, 2003, City Pre-Council Meeting be approved. FORNEY, JORDAN, MASON and SHEALY. ABSTAIN: BISTERFELDT. Moved by FORNEY and seconded by MASON that the minutes from the April 15, 2003, City Council Meeting be approved. FORNEY, JORDAN, MASON and SHEALY. ABSTAIN: BISTERFELDT. Mayor TERTELING-PAYNE announced that this was the time and place set for Airport Liability Insurance discussion. John Anderson, Aviation and Public Transportation and Kent Rock, Division of Financial Management, presented the staff report. Mayor TERTELING-PAYNE announced that this was the time and place set for Airport Additional Financing discussion. John Anderson, Aviation and Public Transportation and Kent Rock, Division of Financial Management, presented the staff report.

2 17 Councilmember FORNEY requested unanimous consent to move to New Business on today's Council agenda. Unanimous consent was granted. Boulder Heights Subdivision 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 MASON that Boulder Heights Subdivision SUB Preliminary Plat be deferred to April 29, FORNEY. NAYS: BISTERFELDT, JORDAN, MASON and SHEALY. Motion fails. Moved by JORDAN and seconded by BISTERFELDT that Boulder Heights Subdivision SUB Preliminary Plat be granted as requested subject to conditions stated in staff report dated April 16, BISTERFELDT, JORDAN, MASON and SHEALY. NAYS: FORNEY. Gillwood Subdivision No. 2 SUB request for Preliminary and Final Plat was before Mayor and Council. Wayne Gibbs, Planning and Development Services, presented the staff report. Moved by MASON and seconded by FORNEY that Gillwood Subdivision No. 2 SUB Preliminary and Final Plat be deferred to April 29, 2003.

3 18 Riverwalk Subdivision 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 BISTERFELDT that Riverwalk Subdivision SUB Preliminary Plat be granted as requested subject to conditions stated in staff report dated April 16, Mayor TERTELING-PAYNE announced that this was the time and place set for the Idaho Humane Society Update. Sue Allison and Dr. Rosenthal, Idaho Humane Society, presented the report to the Council. Larry Sandusky, Idaho Business Club, and Blair James, addressed the Council in opposition to the Idaho Humane Society proposal. Jamie Koole, Parks and Recreation Department, presented the Parks Department support of the proposal. Councilmember FORNEY requested unanimous consent that the Idaho Humane Society hold one more meeting, leaving out the City dog people and the micro-chipping and that this item be brought back before the Council in 30 days. Unanimous consent was granted. Mayor TERTELING-PAYNE announced that this was the time and place set for the Southwest Planning Area Workshops Update. Hal Simmons, Planning and Development Services Department, presented the staff report. Mayor TERTELING-PAYNE announced that this was the time and place set for the County Referral Process Update.

4 19 Wayne Gibbs, Planning and Development Services, presented the staff report. Mayor TERTELING-PAYNE announced that this was the time and place set for the Budget Discussion. Alec Andrus, Division of Financial Management, gave the Budget Development Calendar to the Council. Councilmember BISTERFELDT left at 2:02 P.M. Mayor TERTELING-PAYNE announced that this was the time and place set for Travel requests. Moved by MASON and seconded by JORDAN that the Travel request for Don Pierce, Police Department, for June 11 thru June 14, 2003 to the FBI National Executive Institute Re-trainer in Sun Valley, Idaho be approved. FORNEY, JORDAN, MASON and SHEALY. Councilmember BISTERFELDT returned at 2:05 P.M. Moved by MASON and seconded by JORDAN that the Travel request for Linda Brilz, a librarian in Youth Service's Division, Library, for June 19 thru June 23, 2003, to the American Library Association Conference in Toronto, Canada be approved. Moved by MASON and seconded by FORNEY that the Boise City Checks No thru in the total amount of $2,063, as of April 16, 2003 be approved.

5 20 Request for Sole Source Purchase and Approval of Boise City Purchasing Contract 03-CON-067, Boise City Combined Advertising Agreement was before Mayor and Council as enumerated in staff report dated April 9, RECOMMENDATION: The Purchasing Division recommends that Request for Sole Source Purchase and Approval of Boise City Purchasing Contract 03-CON-067, Boise City Combined Advertising Agreement be awarded to The Idaho Statesman, in a total amount not to exceed $80,000. Moved by MASON and seconded by FORNEY that the recommendations be followed and the contract be awarded to The Idaho Statesman, in a total amount not to exceed $80,000. The Bid Results for F/B : UV Facility Canopy Siding - WBP 009 were before Mayor and Council as enumerated in staff report dated April 1, RECOMMENDATION: The Purchasing Division concurs with Public Works in recommending that F/B : UV Facility Canopy Siding - WBP 009 be awarded to the lowest responsive and responsible bidder, Quality Tile Roofing, in a total amount not to exceed $57,417. Moved by MASON and seconded by FORNEY that the recommendations be followed and the bid be awarded to Quality Tile Roofing, in a total amount not to exceed $57,417.

6 21 The City Clerk requested the following claims(s) be acknowledged and referred to the office of the Treasurer: a) Christopher M. Werlinger, Personal Injury b) BHA Investment, Inc., Personal Injury c) KEPHA Construction, Property Damage d) Max Covarrubias, Personal Injury and Property Damage e) Bryan Baker, Property Damage Moved by MASON and seconded by FORNEY that the claim(s) be acknowledged and referred to the office of the Treasurer as requested. The City Clerk requested June 3, 2003, in Council Chambers be confirmed for a public hearing on: a) CAR /Rezone/Homco Development, Inc. requests approval of a rezone of approximately five acres of property located at 1320 and 1340 S. Maple Grove Road from R-1A (Single Family Residential) to acres of C-2D (General Commercial with Design Review and acres of L-OD (Limited Office with Design Review) zone. b) CAR /Rezone/Federal Way West, LLC (aka VFP, VC) requests approval of a rezone of 0.66 acres located at 3562 S. TK Avenue from M-1D (Limited Industrial with Design Review) to C-3D (Service Commercial with Design Review) zone. c) CAR /Rezone/Gregory Land & Development, Inc. requests approval of a rezone of 1.1 acres of property located at 2420 S. Orchard Street from C- 2D (General Commercial with Design Review) to C-3D (Service Commercial with Design Review) zone. d) CUP /Special Exception/Idaho Youth Ranch, Inc. requests a special exception to operate a 24- hour temporary shelter home for up to 20 children, ages 9 through 17 years, on 1.75 acres located at 7221 and 7223 W. Poplar Street in an R-1C (Single Family Residential) zone.

7 22 e) CAR /Rezone/Steven D. Rix requests a rezone of acres located at 4207 N. Milwaukee Street from R-1C (Single Family Residential) to L-OD (Limited Office with Design Review) zone. Moved by MASON and seconded by FORNEY that June 3, 2003 in Council Chambers be confirmed as requested. The City Clerk requested June 10, 2003, in Council Chambers be confirmed for a public hearing on: a) CAR /Rezone/Shannon Robnett requests approval of a rezone of.77 acres located at 8752 W. Overland Road from R-1C (Single Family Residential) to C-1D/DA (Neighborhood Commercial with Design Review and a Development Agreement) zone. Moved by MASON and seconded by FORNEY that June 10, 2003 in Council Chambers be confirmed as requested. The Mayor's Budget Team requests the following recommendation be approved by Council. a) Mayor's Office: Approval of budget transfer for cleaning costs for City Hall Building #2 totaling $16,390 ($8,940 for previously paid cleaning costs in FY 2003 and $7,450 for cleaning services through June 30, 2003), with funding from the available "management holdback" sweep account in the Mayor s Office. b) Legal Department: Approval of a non-regular Attorney I position (.80 fte) in the FY 2003 Legal Department budget to provide prosecutorial services to Meridian City.

8 23 c) Mayor's Office: Approval of transfer of the Boise Depot and Healthy Community Healthy Youth service units with associated budget and personnel resources from the Mayor s Office to the Park and Recreation Department, effective at the beginning of FY 2004, with transition to be arranged between the Mayor s Office and the Parks and Recreation Department. d) Fire Department: Approval of an additional 0.25 fte department specialist position allocation in the Fire Department and an associated base budget increase in the FY 2004 budget, acknowledging that the position funding may have to compete for base funding in the 2Year Budget development process. f) CSS - Purchasing: Clarification that the surplus proceeds for IT equipment will be used to cover the disposal costs of unsold equipment and that departments will receive net surplus sale revenue after deduction of sale and/or disposal costs. g) Human Resources/Information Technology: Approval of transfer of $10,000 from the FY 2003 Human Resource Department budget to the Information Technology Division to facilitate computer software training. h) Mayor's Office/Human Resources: Approval of transfer of $2,000 for the BEAT program budget within the FY 2003 Mayor s Office budget to the Human Resource Department. i) Approval of payment of City dues for 2003 of $144,814 for COMPASS. j) Mayor's Office: Approval of transfer of the City Entryway Signs capital project and FY 2003 budget of $25,000 from the Mayor s Office to the Park and Recreation Department. k) Mayor's Office: Approval of grants supported FY 2003 budget allocations of $5,000 for SANE Solutions, a Terry Reilly Health Services project, and of $5,000 for BRIDGES, a parent resources project, within the Healthy Community*Healthy Youth program, with grant funding from the State of Idaho "Generation of the Child Initiative". Moved by MASON and seconded by FORNEY that the Mayor's Budget Team recommendation be approved as requested.

9 24 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) Board of Park and Recreation Commissioners Minutes, February 20, 2003 b) Boise City Building Construction Report, Fiscal Report, Oct.-Mar c) Boise City Building Construction Report, Calendar Report, Jan.-Mar d) Boise City Building Construction Report, March 2003 e) Ada County Highway District vacation and abandonment of public right-of-ways of a parcel of land commonly known as a portion of Chalet Lane and Brady Street, located south of University and easterly of Earle Street f) City of Boise Treasury Division, State of the Treasury Report, March 31, 2003 Moved by MASON and seconded by FORNEY that the minutes, reports and requests be received and directed filed in the office of the City Clerk as requested. Proposed ordinance (O-10A-03) by the Council: Titled: AN ORDINANCE (CAR /GARY EAU CLAIRE FOR PROPERTY LOCATED AT 2240 S. COLE 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 LANDS AS M-1D (LIMITED INDUSTRIAL WITH DESIGN REVIEW); AMENDING ORDINANCE NO DUE TO INCORRECT REFERENCE TO A DEVELOPMENT AGREEMENT; 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 time.

10 25 Councilmember MASON requested unanimous consent that ordinance (O-17-03) be removed from today's Consent agenda for further discussion. Unanimous consent was granted. Proposed ordinance (O-17-03) by the Council: Titled: AN ORDINANCE (CAR /BOISE CITY) AMENDING THE PEDESTRIAN COMMERCIAL (PC) ZONING DISTRICT STANDARDS (SECTIONS , 04, 05, 06, 07, 09, 10, 12 AND 14 OF THE BOISE CITY ZONING CODE); CLARIFYING THAT INDIVIDUAL BUILDINGS LESS THAN 30,000 SQUARE FEET IN SIZE ARE SUBJECT TO DESIGN REVIEW, INDIVIDUAL BUILDINGS 30,000 SQUARE FEET OR GREATER IN SIZE REQUIRE CONDITIONAL USE APPROVAL, CLARIFYING THAT RESIDENTIAL USES NOT SECONDARY TO A PRIMARY RETAIL USE ARE PROHIBITED, ADJUSTING THE FRONT YARD SETBACK REQUIREMENTS BASED UPON ADJACENT STREET SECTIONS, ADJUSTING THE REAR SETBACK BASED UPON BUILDING HEIGHT AND TYPE OF ADJACENT USES, DELETING THE MINIMUM LOT WIDTH REQUIREMENT, CLARIFYING THAT BUILDING HEIGHTS FOR ARTERIAL FRONTAGES CAN ALSO APPLY TO COLLECTOR FRONTAGES WHEN THE BUILDING IS ON THE CORNER OF AN ARTERIAL AND COLLECTOR, CLARIFYING THE APPROPRIATE RATIO FOR BICYCLE PARKING, CLARIFYING PUBLIC VERSUS PRIVATE SIDEWALK REQUIREMENTS, SETTING FORTH ALLOWANCES FOR MODIFICATIONS TO LANDSCAPE SETBACK AREAS AND CLARIFYING THAT RESIDENTIAL USES MAY BE PERMITTED ON THE GROUND FLOOR ONLY WHEN THEY ARE A SECONDARY USE TO A PRIMARY COMMERCIAL USE; APPROVING A SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE, was read for the third time. ordinance (O-17-03) be passed and that the same be numbered Ordinance Proposed ordinance (O-18-03) by the Council:

11 26 Titled: AN ORDINANCE AMENDING BOISE CITY CODE TITLE 8, CHAPTER 11, SECTION 9.03 TO PROVIDE FOR WAIVER OF THE REQUIREMENT TO CONNECT WHEN SEWER BECOMES AVAILABLE AFTER APPROVAL OF A WET-LINE WAIVER WHERE THE BUILDING IN QUESTION IS SERVED BY A COMMUNITY WATER SYSTEM AND AN INDIVIDUAL WASTEWATER DISPOSAL SYSTEM INSTALLED WITHIN THE PAST FIFTEEN (15) YEARS; AND PROVIDING AN EFFECTIVE DATE, was read for the second time. Proposed ordinance (O-19-03) by the Council: Titled: AN ORDINANCE ENACTING BOISE CITY CODE PROVIDING FOR A MAJORITY VOTE REQUIREMENT AND RUN-OFF ELECTION PROVISION FOR MAYOR; AND PROVIDING AN EFFECTIVE DATE, was read for the second time. Proposed resolution (R ) by the Council: Titled: A RESOLUTION (CAR /BOISE CITY) TO CHANGE THE COMPREHENSIVE LAND USE MAP AS FOLLOWS: (A) 160 ACRES INCLUDING DRY CREEK CEMETERY AND BONITA HILLS SUBDIVISION (CURRENTLY DESIGNATED ON THE BOISE LAND USE MAP AS FOOTHILLS BUILDABLE/SLOPE PROTECTION AREAS), TO BE DELETED FROM INCLUSION ON THE BOISE LAND USE MAP; (B) 189 ACRES ON EAGLE ISLAND NORTH OF THE WEST BOISE WASTEWATER TREATMENT PLANT (CURRENTLY DESIGNATED ON THE BOISE LAND USE MAP AS RURAL RESIDENTIAL - 1 UNIT/40 ACRES), TO BE DELETED FROM INCLUSION ON THE BOISE LAND USE MAP; AND (C) 188 ACRES ON THE NORTH SIDE OF CHINDEN BOULEVARD AND WEST OF THE WEST BOISE WASTEWATER TREATMENT PLANT (CURRENTLY IN THE EAGLE AREA OF IMPACT AND NOT INCLUDED ON THE BOISE LAND USE MAP) TO BE EXCLUDED FROM THE EAGLE LAND USE MAP AND ADDED TO THE BOISE LAND USE MAP WITH THE DESIGNATION OF PUBLIC FACILITY; AND PROVIDING AN EFFECTIVE DATE, was read in full. resolution (R ) be adopted and that same be numbered Resolution

12 27 Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING AN AGREEMENT BY AND BETWEEN THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT) AND J & M SANITATION FOR THE LEASE OF THE BOISE CITY ENVIROGUARD HAZARDOUS MATERIALS COLLECTION VEHICLE FOR A MAY 10, 2003 ONE-DAY EVENT IN THE CITY OF KUNA; AUTHORIZING THE MAYOR 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 Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN BOISE CITY THROUGH THE BOISE PUBLIC LIBRARY (LESSOR) AND SHAVER'S INC., AN IDAHO CORPORATION (LESSEE) FOR THE REAL PROPERTY LOCATED AT 777 S. 8 TH STREET, 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. resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council:

13 28 Titled: A RESOLUTION ADOPTING THE DEPOT BENCH NEIGHBORHOOD PLAN BY REFERENCE IN THE BOISE CITY COMPREHENSIVE PLAN; 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 CITY, CHANGE ORDER NUMBER FOUR TO F/B ; FIRE STATION NO. 7 BUILDING CONVERSION AT 1666 COMMERCE STREET, BOISE FIRE DEPARTMENT, BETWEEN THE CITY OF BOISE AND GUHO 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, ON BEHALF OF THE CITY OF BOISE CITY, TASK ORDER NUMBER 7 TO RFP ; ENGINEERING SERVICES FOR EXPANSION OF THE WEST BOISE WASTEWATER TREATMENT FACILITY, PUBLIC WORKS, BETWEEN THE CITY OF BOISE CITY AND CH2M HILL; AND PROVIDING AN EFFECTIVE DATE, was read in full.

14 29 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 CITY, AN AGREEMENT FOR 03- CON-067; BOISE CITY COMBINED ADVERTISING AGREEMENT, CUSTOMER AND SUPPORT SERVICES DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND THE IDAHO STATESMAN; 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 CITY, CHANGE ORDER NUMBER SIX TO F/B ; EXPAND AND REMODEL FIRE STATION NO. 11, BOISE FIRE DEPARTMENT, BETWEEN THE CITY OF BOISE AND BRICE CONSTRUCTION; AND PROVIDING AN EFFECTIVE DATE, was read in full. resolution (R ) be adopted and that same be numbered Resolution

15 30 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 ; BOISE CITY STREET LIGHTING REPAIR, PUBLIC WORKS DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND ALLOWAY ELECTRIC, CO., 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 CITY, AN AGREEMENT FOR F/B ; UV FACILITY CANOPY SIDING, PUBLIC WORKS DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND QUALITY TILE ROOFING; AND PROVIDING AN EFFECTIVE DATE, was read in full. resolution (R ) be adopted and that same be numbered Resolution Councilmember FORNEY requested unanimous consent that the Legal Department be directed to come forward with an ordinance enacting majority vote requirement and run-off election for Councilmembers.

16 31 Unanimous consent was granted. There being no further business the meeting adjourned at 2:30 o'clock P.M. Moved by FORNEY and seconded by MASON to re-open the Council meeting. Cherie Cole, 1221 N. 15 th Street, addressed the Council regarding the 1894 Whittier School demolition. Teresa Sobotka, Legal, and Bill Nary, Legal, answered the Council's questions regarding the case involving the 1894 Whittier School. Councilmember FORNEY requested unanimous consent that the Historic Preservation Commission and Planning and Zoning Commission take a look at the Ordinance to see if they could make some recommendations to strengthen the Historic Preservation License and to review the inventory of what is on the National Historic Register and make recommendations if specific projects need to be identified as landmarks and to bring that back to the Council. Unanimous consent was granted. Moved by BISTERFELDT and seconded by JORDAN that the meeting be adjourned at 2:46 o'clock P.M. APPROVE:

17 32 MAYOR ATTEST: CITY CLERK