BOISE, IDAHO JUNE 13, Council met in regular session Tuesday, June 13, 2006, Mayor DAVID H. BIETER, presiding.

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1 149 BOISE, IDAHO Council met in regular session Tuesday, June 13, 2006, Mayor DAVID H. BIETER, presiding. Roll call showed the following members present: Invocation was given by Pastor James A. Kirby Sr., University Christian. minutes from the June 6, 2006, Boise City Council Work Session Meeting be approved. YEAS: minutes from the June 6, 2006, Boise City Council Meeting be approved. YEAS: place set for Travel Requests. John Anderson, Aviation and Public Transportation Department, requested travel for the Tri-State Airport Managers Meeting to Redmond, Oregon from August 28 to August 30 and for the ACI-NA Annual Conference to Reno, Nevada from September 23 thru September 28, Councilmember JORDAN requested unanimous consent that John Anderson, Aviation and Public Transportation Department, be approved for travel for the Tri-State Airport Managers Meeting to Redmond, Oregon from August 28 to August 30 and for the ACI-NA Annual Conference to Reno, Nevada from September 23 thru September 28, 2006.

2 150 Unanimous consent was granted. place set for Update on Hollandale Fire Station. report. Renn Ross, Fire Department, presented the staff Mayor BIETER requested that the Fire Chief send a letter to the Ada County Commissioners to verify if the Commissioners are in agreement. Moved by CLEGG and seconded by JORDAN that the Fire Chief be directed to continue with the building as its presently designed, even if the City has to pick up the additional cost. YEAS: Boise City Checks No thru in the total amount of $1,400, as of June 7, 2006 be approved. YEAS: The Bid Results for Approval of Renewal of Sole Source Purchase 06-CON-122: Parts for Three Blowers in the West Boise Waste Water Treatment Plant were before Mayor and Council as enumerated in staff report dated June 5, RECOMMENDATION: The Purchasing Division concurs with Public Works Department in recommending that 06-CON-122: Parts for Three Blowers in the West Boise Waste Water Treatment Plant be awarded to the lowest responsive and responsible bidder, Turblex, Inc., in a total amount not to exceed $44,000. recommendations be followed and the bid be awarded to Turblex, Inc. in a total not to exceed amount of $44,000. YEAS:

3 151 The City Clerk requested the following claims(s) be acknowledged and referred to the office of the Treasurer: a) Amy Appleby, Property Damage b) Meredith McCullough, Property Damage c) David Carrasco, Personal Injury d) Qwest Claim No , Property Damage e) James W. Howell, Personal Injury claim(s) be acknowledged and referred to the office of the Treasurer as requested. YEAS: The City Clerk requested July 11, 2006, in Council Chambers be confirmed for a public hearing on: a) CUP /Gateway Office Buildings, LLC request for approval for a Special Exception to utilize an existing residential building for an office use located at 2215 W. State Street in an R-2 (Combined Residential) zone. Moved by JORDAN and seconded by CLEGG that July 11, 2006 in Council Chambers be confirmed as requested. YEAS: The City Clerk requests the following applications for Alcohol Beverage Catering Permits be acknowledged and approved: a) The Winery at Eagle Knoll regarding Opera Under the Stars at the Idaho Botanical Gardens on June 23, 2006 b) Pollo Rey regarding Thursday Thunder at 7709 Overland Road on June 15, June 22, June 29, July 6 and July 13, 2006

4 152 Alcohol Beverage Catering Permits be acknowledged and approved as requested. YEAS: Councilmember EBERLE requested unanimous consent that Consent Items, 7f(e-g), be placed on the Council brick for June 20, Unanimous consent was granted. 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 Public Works Commission Minutes, April 13, 2006 b) Boise City Administrative Policy Group Minutes, April 17, 2006 c) Sole Source Purchase: State Street Implementation Phase 1, Planning and Development Services Department d) Ada County Highway District Commission Minutes, April 5, April 12, April 19 and April 26, 2006 e) Boise City Building Construction Report, May 2006 f) Boise City Building Construction Report, Calendar Report, Jan.-May 2006 g) Boise City Building Construction Report, Fiscal Report, Oct.-May 2006 minutes, reports and requests be received and directed filed in the office of the City Clerk as requested. YEAS: Proposed resolution (R ) by the Council:

5 153 Titled: A RESOLUTION APPROVING THE REVISED EMPLOYEE ADVISORY COMMITTEE (EAC) BYLAWS ESTABLISHING THE EAC COMMITTEE CHAIR AS A MEMBER OF THE EXECUTIVE MANAGEMENT TEAM AND THE DEFERRED COMPENSATION TRUST BOARD; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution YEAS: Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING THE GRANT OF A PERPETUAL STORM WATER DRAINAGE EASEMENT, BY AND BETWEEN THE CITY OF BOISE CITY ("GRANTOR"), AND THE ADA COUNTY HIGHWAY DISTRICT ("ACHD")("GRANTEE") FOR AN EASEMENT FOR A SYSTEM OF UNDERGROUND DRAINAGE PIPES, RELATED DRAINAGE FACILITIES AND IMPROVEMENTS PREVIOUSLY CONSTRUCTED BY GRANTOR AND ACCEPTED BY ACHD; AND AN EASEMENT FOR THE PASSAGE OF STORM WATER FROM THE DOMINANT ESTATE ON, OVER, UNDER AND ACROSS THE SERVIENT ESTATE INTO THE STORM WATER DRAINAGE SYSTEM, AS A PART OF ACHD'S SYSTEM OF PUBLIC HIGHWAYS, AND AN EASEMENT TO REPAIR, MAINTAIN, RECONSTRUCT AND ENHANCE THE STORM WATER DRAINAGE; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID EASEMENT 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 YEAS: Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING AN AIRLINE USE AND LEASE AGREEMENT BETWEEN THE CITY OF BOISE (DEPARTMENT OF AVIATION

6 154 AND PUBLIC TRANSPORTATION) AND SKYWEST AIRLINES, CO,. FOR THE USE AND LEASE OF PREMISES UPON BOISE AIR TERMINAL (GOWEN FIELD); AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF THE CITY OF BOISE; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution YEAS: Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING AN AIRLINE USE AND LEASE AGREEMENT BETWEEN THE CITY OF BOISE (DEPARTMENT OF AVIATION AND PUBLIC TRANSPORTATION) AND ATLANTIC SOUTHEAST AIRLINES, INC., FOR THE USE AND LEASE OF PREMISES UPON BOISE AIR TERMINAL (GOWEN FIELD); AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF THE CITY OF BOISE; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution YEAS: Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING AN AIRLINE USE AND LEASE AGREEMENT BETWEEN THE CITY OF BOISE (DEPARTMENT OF AVIATION AND PUBLIC TRANSPORTATION) AND ALASKA AIRLINES, INC., FOR THE USE AND LEASE OF PREMISES UPON BOISE AIR TERMINAL (GOWEN FIELD); AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF THE CITY OF BOISE; AND PROVIDING AN EFFECTIVE DATE, was read in full.

7 155 proposed resolution (R ) be adopted and that same be numbered Resolution YEAS: Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING A COOPERATIVE AGREEMENT BETWEEN VALLEY REGIONAL TRANSIT AND THE CITY OF BOISE CITY FOR ANNUAL DUES AND SERVICE CONTRIBUTION; 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 ) be adopted and that same be numbered Resolution YEAS: 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 3 FOR F/B ; RANCHERO ESTATES NO. 3 OMAHA SEWER, SWS-036, PUBLIC WORKS DEPARTMENT; BETWEEN THE CITY OF BOISE AND PAUL CONSTRUCTION; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution YEAS:

8 156 Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING AN AIRLINE USE AND LEASE AGREEMENT BETWEEN THE CITY OF BOISE (DEPARTMENT OF AVIATION AND PUBLIC TRANSPORTATION) AND BIG SKY TRANSPORTATION COMPANY DBA BIG SKY AIRLINES, FOR THE USE AND LEASE OF PREMISES UPON BOISE AIR TERMINAL (GOWEN FIELD); AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF THE CITY OF BOISE; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution YEAS: 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 06-CON-124 BETWEEN PLANNING AND DEVELOPMENT SERVICES AND FRED M. KICHENER, MCFARLAND MANAGEMENT, LLC FOR PROJECT MANAGEMENT CONSULTING SERVICES FOR THE STATE STREET CORRIDOR IMPLEMENTATION, PHASE 1, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution YEAS: Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING AN AGREEMENT TO INITIATE BETWEEN THE BUREAU OF LAND MANAGEMENT, TERTELING COMPANY, IDAHO DEPARTMENT OF LANDS AND THE CITY OF BOISE, BY AND THROUGH ITS DEPARTMENT OF PARKS AND RECREATION FOR A LAND

9 157 EXCHANGE PROPOSAL INVOLVING LAND IN THE BOISE FOOTHILLS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF BOISE CITY, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution YEAS: Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING A REAL ESTATE PURCHASE AND SALE AGREEMENT BY AND BETWEEN ROBERT WATSON AND PHYLLIS WATSON AS SELLERS, AND THE CITY OF BOISE CITY, BY AND THROUGH ITS DEPARTMENT OF PARKS AND RECREATION, AS BUYER; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF BOISE CITY, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution YEAS: place set for Ada County Referral CU/MSP Black Enterprises LLP. Hal Simmons, Planning and Development Services, presented the staff report. Moved by JORDAN and seconded by CLEGG that Ada County Referral CU/MSP Black Enterprises LLP be recommended for approval to the County. YEAS:

10 158 Councilmember JORDAN 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-34-06) by the Council: Titled: AN ORDINANCE (CAR DA/MONTEREY, LLC. FOR PROPERTY LOCATED AT 8201 W. OVERLAND ROAD) 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 A (OPEN LAND) TO C-1D-DA (NEIGHBORHOOD COMMERCIAL WITH DESIGN REVIEW AND A DEVELOPMENT AGREEMENT); SETTING FORTH FINDINGS OF FACT IN SUPPORT OF SUCH ZONE CHANGE; AND PROVIDING AN EFFECTIVE DATE, was read for the first time. Proposed ordinance (O-36-06) by the Council: Titled: AN ORDINANCE (CAR /BRAD PARSONS FOR PROPERTY LOCATED AT 1410 S. LONGMONT) 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-2 (COMBINED RESIDENTIAL) TO R-1MD (SINGLE FAMILY RESIDENTIAL WITH MODULAR LOTTING AND DESIGN REVIEW); SETTING FORTH FINDINGS OF FACT IN SUPPORT OF SUCH ZONE CHANGE; AND PROVIDING AN EFFECTIVE DATE, was read for the first time. Proposed ordinance (O-37-06) by the Council: Titled: AN ORDINANCE (CAR /PK INVESTMENTS FOR PROPERTY LOCATED AT 5004 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-1B (SINGLE FAMILY RESIDENTIAL) TO R-1MD (SINGLE FAMILY RESIDENTIAL WITH MODULAR LOTTING AND DESIGN REVIEW OVERLAY); SETTING FORTH FINDINGS OF FACT IN SUPPORT OF SUCH ZONE CHANGE; AND PROVIDING AN EFFECTIVE DATE, was read for the first time.

11 159 Councilmember JORDAN 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-33-06) by the Council: Titled: AN ORDINANCE REPEALING THE BOISE CITY FALSE REPORTS/FALSE BURGLARY/ROBBERY ALARMS ORDINANCE, BOISE CITY CODE TITLE 6, CHAPTER 15 AND REENACTING A NEW TITLE 6, CHAPTER 15 FALSE SECURITY ALARMS ORDINANCE; SETTING FORTH THE PURPOSE OF THE ORDINANCE; ESTABLISHING DEFINITIONS OF KEY TERMS; SETTING FORTH DUTIES OF ALARM INSTALLATION AND MONITORING COMPANIES; SETTING FORTH RESPONSIBILITIES OF ALARM USERS; ESTABLISHING THE DEFINITION OF A NUISANCE ALARM, PENALTIES FOR MAINTAINING A PUBLIC NUISANCE ALARM AND AN APPEAL PROCESS; SETTING FORTH PROHIBITED ALARM SYSTEMS; ESTABLISHING CONDUCT CONSTITUTING A VIOLATION; AND PROVIDING THAT A VIOLATION SHALL BE A MISDEMEANOR; AND APPROVING A SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE, was read for the second time. Councilmember JORDAN requested unanimous consent that Herar Estates Subdivision SUB Preliminary Plat be deferred to July 11, YEAS: Councilmember JORDAN requested unanimous consent that CAR /Rezone/M&H Land Acquisitions, LLC request for approval for a rezone of +/-3.2 acres located at 1841 S. Vinnell Street from R-1A (Single Family Residential) to R- 1B/DA (Single Family Residential with a Development Agreement) be deferred to June 20, Unanimous consent was granted. Nelson's River Parkway Subdivision No. 2 & 5 SOS Partial Vacation of Public Utility, Irrigation and Drainage Easements, Boise City, was before Mayor and Council.

12 160 David Abo, Planning and Development Services, presented the staff report. Councilmember JORDAN requested unanimous consent that Nelson's River Parkway Subdivision No. 2 & 5 SOS Partial Vacation of Public Utility, Irrigation and Drainage Easements be deferred to July 11, Unanimous consent was granted. Skyline Development requests Consent to Vacate Public Street Right-of-Way SOS , Ada County, was before Mayor and Council. David Abo, Planning and Development Services, presented the staff report. Jane Suggs, 200 Louisa Street, applicant representative, addressed the Council in support of the vacation. Moved by JORDAN and seconded by EBERLE that Skyline Development requests Consent to Vacate Public Street Right-of-Way be recommended as requested subject to conditions stated in staff report. YEAS: Winston Subdivision SUB Preliminary Plat, Boise City, was before Mayor and Council. David Abo, Planning and Development Services, presented the staff report. David Hale, 1402 W. Grove Street, applicant representative, addressed the Council in support of the subdivision. Moved by JORDAN and seconded by CLEGG that Winston Subdivision SUB Preliminary Plat, be granted as requested subject to conditions stated in staff report. YEAS:

13 161 Conservation Alley Subdivision SUB Preliminary Plat, Boise City was before Mayor and Council. David Abo, Planning and Development Services, presented the staff report. David Hale, 1402 W. Grove Street, applicant representative, addressed the Council in support of the subdivision. Moved by JORDAN and seconded by CLEGG that Conservation Alley Subdivision SUB Preliminary Plat be granted as requested subject to conditions stated in staff report. YEAS: Back Acre Subdivision SUB Preliminary Plat, Boise City, was before Mayor and Council. David Abo, Planning and Development Services, presented the staff report. Richard Schorenson, Goldenrod, applicant, addressed the Council in support of the subdivision. Moved by JORDAN and seconded by CLEGG that Back Acre Subdivision SUB Preliminary Plat and Final Plat be granted as requested subject to conditions stated in staff report. YEAS: RECESS: RECONVENE: 7:15 P.M. 7:28 P.M. place set for a public hearing on proposed ordinance (O-24-06). Proposed ordinance (O-24-06) by the Council:

14 162 TIBBS. BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY and Titled: AN ORDINANCE AMENDING TITLE 1, CHAPTER 07, SECTION 07 OF THE BOISE CITY CODE TO DESIGNATE THAT A PLURALITY VOTE IS REQUIRED FOR A CITY COUNCIL SEAT AND ELIMINATING THE REQUIREMENT FOR A RUNOFF ELECTION WHERE NO CANDIDATE OBTAINS A MAJORITY OF THE VOTES CAST; AND PROVIDING AN EFFECTIVE DATE, was read for the third time. There was no one in the audience to testify on this issue. closed. Mayor BIETER announced that the public hearing was Moved by JORDAN and seconded by EBERLE that further reading of (O-24-06) be dispensed with and the record show that they have been read the third time in full. YEAS: Moved by JORDAN and seconded by EBERLE that the proposed ordinance (O-24-06) be passed and that the same be numbered Ordinance YEAS: BISTERFELDT, CLEGG, EBERLE, JORDAN and SHEALY. NAYS: TIBBS. Moved by EBERLE and seconded by JORDAN to direct the Mayor and staff to bring forth similar language of what we just passed of BCC Title 1, Chapter 1, Section 7, which is a majority vote for the Mayor and set a public hearing for that. YEAS: Moved by CLEGG and seconded by SHEALY that if and when technology becomes available to do instant run-off

15 163 voting that the City of Boise pursue an instant run-off election procedure. YEAS: place set for a public hearing on CAR /Rezone/Daniel Gibson by the Land Group, Inc. request for approval to rezone +/-3.44 acres to N-OD (Neighborhood Office with Design Review Overlay) and +/-0.91 acres to R-1C (Single Family Residential) and Turf Subdivision SUB Preliminary Plat, Boise City. Bruce Eggelston and David Abo, Planning and Development Services, presented the staff report. Van Elg, 939 E. Shore, Eagle, applicant representative, addressed the Council in support of the rezone and subdivision. closed. Mayor BIETER announced that the public hearing was Moved by JORDAN and seconded by CLEGG that CAR /Rezone/Daniel Gibson by the Land Group, Inc. request for approval to rezone +/-3.44 acres to N-OD (Neighborhood Office with Design Review Overlay) and +/-0.91 acres to R-1C (Single Family Residential) be approved with the condition that the internal pedestrian circulation be reviewed thru Design Review. YEAS: Moved by JORDAN and seconded by CLEGG that Turf Subdivision SUB Preliminary Plat, be granted as requested subject to conditions stated in staff report with the addition of Condition No. 7 requiring a Master Pedestrian Plan. YEAS:

16 164 place set for a public hearing on CAR /Rezone/Paul Ralphs request for approval for a rezone of +/ acres located at W. Milclay Street and 3372 N. Five Mile Road from R-1C (Single Family Residential) to N-OD/DA (Neighborhood Office with Design Review and a Development Agreement). Bruce Eggelston and Hal Simmons, Planning and Development Services, presented the staff report. Terry Little, Ada County Highway District, answered the Council's questions. There was no one in the audience to testify on this issue. closed. Mayor BIETER announced that the public hearing was Moved by JORDAN and seconded by EBERLE that CAR /Rezone/Paul Ralphs request for approval for a rezone of +/ acres located at W. Milclay Street and 3372 N. Five Mile Road from R-1C (Single Family Residential) to N-OD/DA (Neighborhood Office with Design Review and a Development Agreement) be approved. YEAS: BISTERFELDT, EBERLE, JORDAN, SHEALY and TIBBS. NAYS: CLEGG. place set for a public hearing on CAR /DA/Rezone/William R. Smith, LLC request for approval of a rezone of +/-1.69 acres located at 6401 S. Eisenman Road from C-4D (Planned Commercial with Design Review Overlay) to M-1D/DA (Limited Industrial with Design Review Overlay and a Development Agreement). Hal Simmons, Planning and Development Services, presented the staff report. William Smith, 6110 S. Basalt Trail Place, applicant representative, addressed the Council in support of the rezone. closed. Mayor BIETER announced that the public hearing was

17 165 Moved by JORDAN and seconded by CLEGG that CAR /DA/Rezone/William R. Smith, LLC request for approval of a rezone of +/-1.69 acres located at 6401 S. Eisenman Road from C-4D (Planned Commercial with Design Review Overlay) to M-1D/DA (Limited Industrial with Design Review Overlay and a Development Agreement) be approved and provide a note to Design Review the special concern regarding the proximity to the interstate and ask if they apply some enhancements in the design that would address that concern and also the amount of impervious surface. YEAS: place set for a public hearing on CAR /City of Boise Parks and Recreation Department request for approval of an amendment to the Zoning Ordinance Title 11, Chapter 15 Section 4 Boise City Code (Area of Impact Agreement). Hal Simmons, Planning and Development Services, presented the staff report. There was no one in the audience to testify on this issue. closed. Mayor BIETER announced that the public hearing was Moved by JORDAN and seconded by SHEALY that CAR /City of Boise Parks and Recreation Department request for approval of an amendment to the Zoning Ordinance Title 11, Chapter 15 Section 4 Boise City Code (Area of Impact Agreement) be approved. YEAS: place set for a public hearing on CAR /Rezone/Doug Tamura request for approval for a rezone of +/ acres located at 8880 and 8886 W. Overland Road from R-1A (Single Family Residential) to C-2D (General Commercial with Design Review).

18 166 Bruce Eggelston, Planning and Development Services, presented the staff report. Doug Tamura, 1124 Santa Maria Drive, applicant representative; Margaret Molton, 8886 Overland Road, applicant and David Southers, Box 8245, Boise, addressed the Council in support of the rezone. Kevin Merrell, 1547 S. Allante Place; Lana Hale, 1320 Chase and Betty Bermensolo, 1970 Canonero, Southwest Ada County Alliance representative, addressed the Council in opposition to the rezone. closed. Mayor BIETER announced that the public hearing was Moved by EBERLE and seconded by CLEGG that CAR /Rezone/Doug Tamura request for approval for a rezone of +/ acres located at 8880 and 8886 W. Overland Road from R-1A (Single Family Residential) to C-2D (General Commercial with Design Review) be denied and encourage developer to work thru a more complete design that helps address a number of the issues that came up tonight and then bring it back through the process and that findings be brought back to the Council. YEAS: place set for a public hearing on DRH /Appeal/Robert Weimann and Constance Grieger are appealing the Planning and Zoning Commission's decision of denial on their appeal of the Design Review Committee's decision to approve a request by Tim Bellino/D&D Idaho Foods to construct a single-story, 3,740 square food restaurant, with drive-thru on property located at 1680 N. Westland Drive in a C-2D (General Commercial with Design Review) zone. Hal Simmons, Planning and Development Services, presented the staff report. Robert Weimann, 7633 W. Wilshire Drive, appellant, addressed the Council in support of the appeal. Teresa Sobotaka, Legal, answered the Council's questions. Patrick McKeegan, 4696 Overland Road, Suite 274,

19 167 applicant representative, and Denny Wagstaff, 5906 W. Halfman Lane, Eagle, applicant, addressed the Council in opposition to the appeal. closed. Mayor BIETER announced that the public hearing was Moved by EBERLE and seconded by JORDAN that DRH /Appeal/Robert Weimann and Constance Grieger for appeal of the Planning and Zoning Commission's decision of denial on their appeal of the Design Review Committee's decision to approve a request by Tim Bellino/D&D Idaho Foods to construct a single-story, 3,740 square food restaurant, with drive-thru on property located at 1680 N. Westland Drive in a C-2D (General Commercial with Design Review) zone be denied and that due process has been followed. YEAS: There being no further business the meeting adjourned at 10:35 o'clock P.M. APPROVE: MAYOR ATTEST: CITY CLERK