BOISE, IDAHO SEPTEMBER 14, Council met in regular session Tuesday, September 14, 2010, Council President MARYANNE JORDAN, presiding.

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1 137 BOISE, IDAHO Council met in regular session Tuesday, September 14, 2010, Council President MARYANNE JORDAN, presiding. Roll call showed the following members present: BISTERFELDT, EBERLE, JORDAN, SHEALY and THOMSON. Absent: CLEGG. Invocation was given by Alex Charlton, Clerk. Moved by SHEALY and seconded by EBERLE that the minutes from the August 31, 2010, Boise City Council Work Session Meeting be approved. Moved by SHEALY and seconded by EBERLE that the minutes from the August 31, 2010, Boise City Council Meeting be approved. Boise City Checks No thru in the total amount of $2,373, as of September 1, 2010 be approved. Boise City Checks No thru in the total amount of $1,311, as of September 8, 2010 be approved.

2 138 The Bid Results for F/B ; 7th and Ridenbaugh Sewer Mainline Rehabilitation, RSP-204, Public Works Department were before Mayor and Council as enumerated in staff report dated September 1, RECOMMENDATION: The Department of Finance and Administration Division concurs with Public Works Department in recommending that F/B ; 7th and Ridenbaugh Sewer Mainline Rehabilitation, RSP-204 be awarded to the lowest responsive and responsible bidder with significant local preference, Titan Technologies, in a total amount not to exceed $104,837. recommendations be followed and F/B ; 7th and Ridenbaugh Sewer Mainline Rehabilitation, RSP-204 be awarded to Titan Technologies in the total contract amount of $104,837, subject to compliance with bonding and insurance requirements. The Bid Results for F/B ; Watershed Building Parking Lot Improvements, SAR 526, Public Works Department were before Mayor and Council as enumerated in staff report dated September 1, RECOMMENDATION: The Department of Finance and Administration Division concurs with Public Works Department in recommending that F/B ; Watershed Building Parking Lot Improvements, SAR 526 be awarded to the lowest responsive and responsible bidder with significant local preference, Capital Paving Inc., in a total amount not to exceed $161, recommendations be followed and F/B ; Watershed Building Parking Lot Improvements, SAR 526 be awarded to Capital Paving Inc. in the total contract amount of $161,956.50, subject to compliance with bonding and insurance requirements.

3 139 The Bid Results for F/B ; One Inductively Coupled Plasma Atomic Emission Spectrometer (ICP-AES) System, Public Works Department were before Mayor and Council as enumerated in staff report dated August 10, RECOMMENDATION: The Department of Finance and Administration Division concurs with Public Works Department in recommending that F/B ; One Inductively Coupled Plasma Atomic Emission Spectrometer (ICP-AES) System be awarded to the lowest responsive and responsible bidder, Thermo Fisher Scientific, in a total amount not to exceed $100, recommendations be followed and F/B ; One Inductively Coupled Plasma Atomic Emission Spectrometer (ICP-AES) System be awarded to Thermo Fisher Scientific in the total contract amount of $100, The Bid Results for F/B ; Liquid Sodium Hypochlorite, Public Works Department were before Mayor and Council as enumerated in staff report dated August 25, RECOMMENDATION: The Department of Finance and Administration Division concurs with Public Works Department in recommending that F/B ; Liquid Sodium Hypochlorite be awarded to the lowest responsive and responsible bidder with significant local preference economic presence, BHS Marketing, in a total amount not to exceed $94,900. recommendations be followed and F/B ; Liquid Sodium Hypochlorite be awarded to BHS Marketing in the total contract amount of $94,900.

4 140 The Bid Results for CP ; Authorization to Procure Office Supplies off of the State Contract PADD 1068, Department of Finance and Administration were before Mayor and Council as enumerated in staff report dated August 30, RECOMMENDATION: The Department of Finance and Administration Division concurs with Finance and Administration in recommending that CP ; Authorization to Procure Office Supplies off of the State Contract PADD 1068 is awarded to, Office Max, annually not to exceed $150,000. recommendations be followed and is awarded to Office Max in the total amount not to exceed $150,000. The Bid Results for CP ; Authorization to Procure Office Supplies from the National Joint Powers Alliance (NJPA) Cooperative Purchasing Contract No SCC, Department of Finance and Administration were before Mayor and Council as enumerated in staff report dated August 30, RECOMMENDATION: The Department of Finance and Administration Division concurs with Finance and Administration in recommending that CP ; Authorization to Procure Office Supplies from the National Joint Powers Alliance (NJPA) Cooperative Purchasing Contract No SCC is awarded to, Staples Advantage, annually not to exceed $50,000. recommendations be followed and is awarded to Staples Advantage in the total amount not to exceed $50,000.

5 141 The City Clerk requested the following claims(s) be acknowledged and referred to the office of the Treasurer: a) Aracely Meza decarreon, Personal Injury b) Charlie R. Dennis, Personal Injury c) Vicki Henry, Personal Injury d) Debra Miller d.b.a Boise Trolley LLC, Personal Injury e) Vince Gambill, Property Damage f) Travis Kerr, Property Damage g) Dale Leffler, Property Damage h) Travis Trowbridge, Property Damage claim(s) be acknowledged and referred to the office of the Treasurer as requested. The City Clerk requested October 19, 2010, in Council Chambers be confirmed for a public hearing on: a) Hearing to Adopt the 2009 Editions of the International Building Code, International Residential Code and International Energy Conservation Code The Building Official of the City of Boise recommends adoption of these codes and has made a determination that there is good cause to also adopt the 2009 International Residential Code Appendix G, Swimming Pools, Spas and Hot Tubs and to reenact the 1997 Uniform Building Code Appendix Chapter 33, Excavation and Grading, in addition to aforementioned codes. The Building Official further finds that adoption of these appendixes is reasonably necessary to safeguard the public from the hazards of drowning and slope failure. These appendixes were not adopted by the Idaho Building Code Board through the negotiated rulemaking process as referenced in Title 39 Chapter 41 Section 09 (5) of Idaho State Statute. Jurisdictions adopting appendixes not adopted or expressly exempted from the adopted version of those codes by the Idaho building code board through the negotiated rule process shall conduct a public hearing and, provided further, that notice of time and

6 142 place of the public hearing shall be published in the official newspaper or paper of general circulation within the jurisdiction not less than 30 days prior to such a hearing Moved by SHEALY and seconded by THOMSON that October 19, 2010 in Council Chambers be confirmed as requested. The City Clerk requested the Council to adopt the following reports of the hearing examiner: a) Finding of Fact and Conclusions of Law regarding Casa Mexico Stipulation and Sanctions of Alcohol Beverage License, AB hearing examiner reports be adopted as requested. The City Clerk requests the following Travel Requests be acknowledged and approved: a) David H. Bieter, Mayor, to attend the Treasure Valley Partnership Retreat in Cascade, ID from September 15-17, 2010 b) Richard McConnell, Aviation Department, to attend the ACI-NA Board Members Meeting in San Antonio, TX from October 17-19, 2010 Travel Requests be acknowledged and approved as requested.

7 143 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 Building Construction Report, August 2010 b) Boise City Foothills Conservation Advisory Committee Minutes, July 7, 2010 c) Boise City Public Works Commission Minutes, July 8, 2010 d) Capital City Development Corporation Resolutions No and No e) Sole Source Purchase; TouchPrint Enhanced Definition 4100 Electronic Fingerprinting System, Department of Finance and Administration, City Clerk s Office f) Sole Source Purchase; International Code Council (ICC), Planning and Development Services g) Boise City State of the Treasury Report, August 31, 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: Titled: A RESOLUTION APPROVING ADDENDUM NO. 8 TO AN AGREEMENT BY AND BETWEEN THE CITY OF BOISE CITY (LEGAL DEPARTMENT) AND THE CITY OF MERIDIAN FOR THE PROVISION OF LEGAL/PROSECUTORIAL SERVICES TO THE CITY OF MERIDIAN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID ADDENDUM NO. 8 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

8 144 Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING A FIVE PERCENT PARKING FEE INCREASE TO THE MAXIMUM DAILY RATES FOR PUBLIC PARKING AT THE BOISE AIRPORT (DEPARTMENT OF AVIATION); AUTHORIZING THE AIRPORT TO COLLECT A PARKING FEE WHICH SHALL NOT EXCEED THE AUTHORIZED MAXIMUM DAILY RATES SET FORTH HEREIN; 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: Titled: A RESOLUTION APPROVING AMENDMENT NO. 2 TO DEVELOPMENT AND LICENSE AGREEMENT PREVIOUSLY ENTERED INTO BY AND AMONG THE CITY OF BOISE, BY AND THROUGH ITS DEPARTMENT OF PARKS AND RECREATION, BOISE NOON OPTIMISTS AND BOISE YOUTH SPORTS COMPLEX, INC., PROVIDING FOR THE USE OF DEVELOPMENT IMPACT FEE FUNDS IN AN IN AN AMOUNT NOT TO EXCEED $293, TOWARD THE DEVELOPMENT OF THE OPTIMIST SPORTS COMPLEX; 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. proposed resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council:

9 145 Titled: A RESOLUTION APPROVING THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOISE AND THE BOISE CITY RISK AND SAFETY SERVICES DIVISION, THE COUNTY OF ADA AND THE ADA CITY-COUNTY EMERGENCY MANAGEMENT OFFICE; 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: Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF BOISE CITY, A RENEWAL FOR F/B , PURCHASE OF SEED, FERTILIZER AND CHEMICALS APPLICATION SERVICES, PUBLIC WORKS DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND LAND VIEW INC.; 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: Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF BOISE CITY, AN AGREEMENT FOR F/B , PURCHASE OF 7TH AND RIDENBAUGH SEWER MAINLINE REHABILITATION, RSP-204, PUBLIC WORKS DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND TITAN TECHNOLOGIES; AND PROVIDING AN EFFECTIVE DATE, was read in full.

10 146 proposed 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 , PURCHASE OF WATERSHED BUILDING PARKING LOT IMPROVEMENTS, SAR 526, TO CAPITAL PAVING, INC., PUBLIC WORKS DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND CAPITAL PAVING, INC.; 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: Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF BOISE CITY, CHANGE ORDER NUMBER 1 TO SS , WEMCO PUMP, PUBLIC WORKS DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND DAVIDSON SALES AND ENGINEERING; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution

11 147 Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING A MARKETING AND SPONSORSHIP CONTRACT BETWEEN BRONCO SPORTS PROPERTIES, LLC AND BOISE CITY (DEPARTMENT OF AVIATION); RATIFYING THE AIRPORT DIRECTOR S EXECUTION OF SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution Councilmember JORDAN requested unanimous consent that Barbervalley Subdivision, SUB ; Dallas Harris Estates Subdivision No. 2, SUB and Dallas Harris Estates Subdivision No. 3, SUB be removed from the Consent Agenda and considered in the normal sequence together. Unanimous consent was granted. Barbervalley Subdivision, SUB , Time Extension for Submittal of Final Plat, Boise City (one-year time extension for filing of the Final Plat of a multi-use subdivision with residential, commercial and mixed-use development located on both the north and south sides of E. Barber Valley Drive south of E. Warm Springs Avenue adjacent to the west boundary of the Dallas Harris Estates Subdivision); Dallas Harris Estates Subdivision No. 2, SUB , Final Plat, Boise City (Phase 1 of a multi-use subdivision with residential, commercial and mixed-use development that will have two commercial lots of 1.86 acres located on the south side of E. Parkcenter Boulevard, formerly E. Warm Springs Avenue, and approximately 3,500 feet east of the East Parkcenter Bridge) and Dallas Harris Estates Subdivision No. 3, SUB , Final Plat, Boise City (Phase 1 of a multi-use subdivision with residential, commercial and mixed-use development that will have 16 buildable residential lots and 2 common lots on 2.87 acres located on the north side of E. Parkcenter Boulevard, formerly E. Warm Springs Avenue, and approximately 3,620

12 148 feet east of the East Parkcenter Bridge), was before Mayor and Council. Hal Simmons, Planning and Development Services, presented the Staff Report. David Turnbull, Explorer and Doug Fowler, 4940 E. Mill Station, answered the Council s questions. Moved by SHEALY and seconded by EBERLE that Barbervalley Subdivision, SUB , Time Extension for Submittal of Final Plat; Dallas Harris Estates Subdivision No. 2, SUB , Final Plat and Dallas Harris Estates Subdivision No. 3, SUB , Final Plat be deferred for 30 days but no later than October 31, 2010 so these issues such as timing of right-of-way, dedication, access and expenses can be addressed in the context of the specific plans and these issues can be resolved. Councilmember SHEALY requested unanimous consent that all ordinances on first reading be read by number and title only and filed for the Second Reading Calendar. Unanimous consent was granted. Proposed ordinance (O-22-10) by the Council: Titled: FIRST READING OF AN ORDINANCE AMENDING TITLE 9, CHAPTER 20, BOISE CITY CODE, TO ESTABLISH A MINOR LAND DIVISION PROCESS TO REPLACE THE ONE TIME SPLIT PROCESS; APPROVING A SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE, was read for the first time. Council President JORDAN announced that this was the time and place set for a public hearing on Proposed Ordinance (O-24-10) Declaration of Intent to Convey Real Property The Boise City Council has declared its intent to declare certain real property owned by the City of Boise as underutilized or no longer used for public purposes and its intent to sell or otherwise convey such real property

13 149 commonly known as Excalibur Street, Boise, Ada County, Idaho. Proposed ordinance (O-24-10) by the Council: Titled: AN ORDINANCE DIRECTING THE CITY OF BOISE CITY, BY AND THROUGH ITS DEPARTMENT OF PLANNING AND DEVELOPMENT SERVICES (HOUSING AND COMMUNITY DEVELOPMENT DIVISION), TO SELL OR OTHERWISE CONVEY PROPERTY OWNED BY THE CITY OF BOISE LOCATED AT EXCALIBUR STREET, BOISE, ADA COUNTY, IDAHO, WHICH WAS ACQUIRED IN WHOLE OR IN PART WITH FEDERAL FUNDS; REAFFIRMING THAT THE PROPERTY IS UNDERUTILIZED AND NOT USED FOR PUBLIC PURPOSES; DECLARING THE MINIMUM VALUE OF THE PROPERTY; AUTHORIZING THE MAYOR AND CITY CLERK TO DO ALL THINGS NECESSARY TO SELL OR OTHERWISE CONVEY THE PROPERTY; APPROVING A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE, was read for the first, second and third time. report. Pat Riceci, Legal Department, presented the staff There was no one in the audience to testify on this issue. Council President JORDAN announced that the public hearing was closed. Moved by JORDAN and seconded by SHEALY that the proposed ordinance (O-24-10) be passed and that the same be numbered Ordinance Council President JORDAN announced that this was the time and place set for a public hearing on CAR and CUP /The Terteling Company, Inc request for a modification to a development agreement that includes a rezone of +/-1.0 acres from C-1D/DA (Neighborhood Commercial with Design Review and a Development Agreement) to R-1C/DA (Single Family Residential with a Development Agreement). The request involves ten lots in the development located on the southwest corner of Catalpa Drive and 36th Street. The request would allow either conventional townhomes or live/work units. A special exception to allow specific

14 150 commercial uses in the residentially zoned units has also been requested. Hal Simmons, Planning and Development Services, presented the staff report. There was no one in the audience to testify on this issue. Council President JORDAN announced that the public hearing was closed. Moved by SHEALY and seconded by EBERLE that CAR and CUP /The Terteling Company, Inc request for a modification to a development agreement that includes a rezone of +/-1.0 acres from C-1D/DA (Neighborhood Commercial with Design Review and a Development Agreement) to R-1C/DA (Single Family Residential with a Development Agreement) involves ten lots in the development located on the southwest corner of Catalpa Drive and 36th Street that allows either conventional townhomes or live/work units with a special exception to allow specific commercial uses in the residentially zoned units be approved. Council President JORDAN announced that this was the time and place set for a public hearing on ZOA /CITY OF BOISE requests approval of an ordinance amendment to Section removing the requirement for the sidewalk trust and exempting single family remodels from sidewalk construction requirements. Hal Simmons, Planning and Development Services, presented the staff report. There was no one in the audience to testify on this issue. Council President JORDAN announced that the public hearing was closed. Moved by SHEALY and seconded by THOMSON that ZOA /CITY OF BOISE requests approval of an ordinance amendment to Section removing the requirement for the sidewalk trust and exempting single

15 151 family remodels from sidewalk construction requirements be approved. Moved by EBERLE and seconded by SHEALY that the Boise City Council meeting be adjourned at 7:05 o'clock P.M. YEAS: BISTERFELDT, EBERLE, JORDAN, SHEALY and THOMSON. APPROVE: MAYOR ATTEST: CITY CLERK