BOISE, IDAHO SEPTEMBER 20, Council met in regular session Tuesday, September 20, 2005, Mayor DAVID H. BIETER, presiding.

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1 116 BOISE, IDAHO SEPTEMBER 20, 2005 Council met in regular session Tuesday, September 20, 2005, Mayor DAVID H. BIETER, presiding. Roll call showed the following members present: CLEGG, EBERLE, JORDAN, MAPP and SHEALY. ABSENT: BISTERFELDT. Invocation was given by Pastor Sam Tremaine, Trinity Evangelical Free Church. minutes from the August 31 and September 1, 2005, Special Boise City Meeting be approved. YEAS: CLEGG, JORDAN, MAPP and SHEALY. ABSTAIN: EBERLE. minutes from the September 2, 2005, Special Boise City Meeting be approved. YEAS: CLEGG, JORDAN, MAPP and SHEALY. ABSTAIN: EBERLE. minutes from the September 13, 2005, Boise City Work Session Meeting be approved. minutes from the September 13, 2005, Boise City Council Meeting be approved.

2 117 YEAS: CLEGG, EBERLE, JORDAN, MAPP and SHEALY. Councilmember JORDAN requested unanimous consent to remove items O-28A-05, O-34-05, O and O from tonight s Consent agenda for separate discussion. Unanimous consent was granted. Councilmember JORDAN requested unanimous consent to walk on two Alcohol Beverage Catering Permits to tonight s Consent agenda. Unanimous consent was granted. Boise City Checks No thru in the total amount of $1,627, as of September 14, 2005 be approved. The Bid Results for F/B : Ann Morrison Ballfield Loop Asphalt Renovation, Parks and Recreation Department were before Mayor and Council as enumerated in staff report dated September 6, RECOMMENDATION: The Purchasing Division concurs with Parks and Recreation Department in recommending that F/B : Ann Morrison Ballfield Loop Asphalt Renovation be awarded to the lowest responsive and responsible bidder, C & A paving Company, Inc., in a total amount not to exceed $50,150. recommendations be followed and the bid be awarded to C & A paving Company, Inc. in the total contract amount of $50,150.

3 118 The Bid Results for Approval of Sole Source Purchase, 05-CON-147: Twenty Mile South Farm Pivot Irrigation System, Public Works Department were before Mayor and Council as enumerated in staff report dated September 7, RECOMMENDATION: The Purchasing Division concurs with Public Works Department in recommending that a Sole Source Purchase, 05-CON-147: Twenty Mile South Farm Pivot Irrigation System be awarded to Agri-Lines Irrigation, on actual quantities installed basis, in a total not to exceed amount of $177,089. recommendations be followed and the bid be awarded to Agri- Lines Irrigation, on actual quantities installed basis, in a total not to exceed amount of $177,089, subject to compliance with bonding and insurance requirements. The Bid Results for Award of Sole Source Purchase, 05-CON-148: Computer-Assisted Legal Research Service, Legal Department were before Mayor and Council as enumerated in staff report dated September 12, RECOMMENDATION: The Purchasing Division concurs with Legal Department in recommending that a Sole Source be declared, and the agreement for Computer-Assisted Legal Research be awarded to WestLaw Group, a Thomson Business, for a three (3) year period, in an estimated amount of $75,000. recommendations be followed and the bid be awarded to WestLaw Group, a Thomson Business, for a three (3) year period, in an estimated amount of $75,000. The Bid Results for F/B : Fire Pumper Apparatus, Fire Department were before Mayor and Council as enumerated in staff report dated September 13, RECOMMENDATION: The Purchasing Division concurs with Fire Department in recommending that F/B : Fire Pumper

4 119 Apparatus be awarded to the lowest responsive and responsible bidder, Boise Mobile Equipment, in a total amount not to exceed $1,233,518. recommendations be followed and the bid be awarded to Boise Mobile Equipment, in the total amount not to exceed $1,233,518. The Bid Results for F/B : City Hall Restroom Accessibility Upgrade, GBP 001, Public Works Department were before Mayor and Council as enumerated in staff report dated September 12, RECOMMENDATION: The Purchasing Division concurs with Public Works Department in recommending that F/B : City Hall Restroom Accessibility Upgrade, GBP 001 be rejected and that this project be rebid later in the year. recommendations be followed and the bid be rejected and that this project be rebid later in the year. The City Clerk requested the following claims(s) be acknowledged and referred to the office of the Treasurer: a) Ronald Hughes, Property Damage b) Bruce Shaffer, Property Damage c) Patricia Pennington, Personal Injury claim(s) be acknowledged and referred to the office of the Treasurer as requested.

5 120 The City Clerk requested November 1, 2005, in Council Chambers be confirmed for a public hearing on: a) CAR /Rezone/Robert M. Chavez requests approval for a rezone of +/ acres located at 1575 S. Clear Creek Drive from R- 1A (Single Family Residential) to N-O (Neighborhood Office). b) CAR /Annexation/Fred M. Schuerman/Greg Thueson request approval of an annexation of +/ acres located at 4340 E. Fairview Avenue, and also to bring it into the Boise Area of Impact, with a zoning designation of C-2D (General Commercial with Design Review). c) CAR /Rezone/Randy Haverfield requests approval for a rezone of +/ acres located at W. Franklin Road from R-1A (Single Family Residential) to N-OD (Neighborhood Office with Design Review). Moved by JORDAN and seconded by CLEGG that November 1, 2005 in Council Chambers be confirmed as requested. The City Clerk requests the following applications for Alcohol Beverage Catering Permits be acknowledged and approved: a) Fine Host Taco Bell Arena regarding pre-game meal at Alumni Center parking lot September 21, b) Fine Host Taco Bell Arena regarding Alumni pre-game gathering at BSU Alumni Center September 21, Alcohol Beverage Catering Permits be acknowledged and approved as requested.

6 121 The Executive Management Team requests the following interim budget changes be approved by Council: a) Human Resources: Approval of an appropriation transfer in the amount of $6,800 from the General Fund citywide contingency account to Human Resources for grievance hearing expenditures. b) Library: Approval of an appropriation transfer in the amount of $12,000 from the citywide contingent account to Library for the cost of sewer connection to the Shaver s Property. c) Police Department: Budget Office recommends the reallocation of $410,000 from designated capital facilities to the Police Department to cover the net operating shortage. At year end, the full designation for capital facilities can be booked depending on overall citywide net revenues. Executive Management Team's interim budget changes 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) Foothills Conservation Advisory Committee Minutes, August 10, 2005 b) Boise Public Library Board of Trustees Minutes, August 3 and August 10, 2005 c) City of Boise Treasury Division, State of the Treasury Report, August 2005 d) Planning and Development Services Department Sole Source Purchase: CoStar Tenant Software and Service to CoStar Group, Inc. e) Boise Fire Department Sole Source Purchase: F017 In-Frame Engine Overhaul to Smith Detroit minutes, reports and requests be received and directed filed in the office of the City Clerk as requested.

7 122 Moved by JORDAN and seconded by CLEGG that all rules of the Council interfering with the immediate consideration of (O-28A-05) be suspended; that the portions of Idaho Code requiring all ordinances to be read on three different days, twice by title and once in full, be dispensed with; and that (O-28A-05) be placed before the council for final consideration. Proposed ordinance (O-28A-05) by the Council: Titled: AN ORDINANCE (CAR /TRIMONT INVESTMENTS, LLC. FOR PROPERTY LOCATED AT 5901 AND 5950 N. FIVE MILE 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 T-1D (TECHNOLOGICAL INDUSTRIAL WITH DESIGN REVIEW) TO 6.26 ACRES OF C-1D (NEIGHBORHOOD COMMERCIAL WITH DESIGN REVIEW) AND 6.26 ACRES OF C-1D (NEIGHBORHOOD COMMERCIAL WITH DESIGN REVIEW) AND 6.70 ACRES TO L-OD (LIMITED OFFICE WITH DESIGN REVIEW); SETTING FORTH FINDINGS OF FACT IN SUPPORT OF SUCH ZONE CHANGE; AND PROVIDING AN EFFECTIVE DATE, was read for the first, second and third time. proposed ordinance (O-28A-05) be passed and that the same be numbered Ordinance Moved by JORDAN and seconded by CLEGG that all rules of the Council interfering with the immediate consideration of (O-34-05) be suspended; that the portions of Idaho Code requiring all ordinances to be read on three different days, twice by title and once in full, be

8 123 dispensed with; and that (O-34-05) be placed before the council for final consideration. Proposed ordinance (O-34-05) by the Council: Titled: AN ORDINANCE AMENDING BOISE CITY CODE TITLE 4, CHAPTER 1, SECTION 14 TO INCREASE THE PLUMBING PERMIT FEES FOR RESIDENTIAL, COMMERCIAL AND INDUSTRIAL PROPERTIES; AMENDING TITLE 4, CHAPTER 2, SECTION 13 TO INCREASE THE FEE FOR A BUILDING PERMIT TRANSFER; AMENDING TITLE 4, CHAPTER 2, SECTION 17 TO INCREASE BUILDING PERMIT, BUILDING INSPECTION AND BUILDING PLAN REVIEW FEES; AMENDING TITLE 4, CHAPTER 2, SECTION 79 TO INCREASE THE FEES FOR FIRE SPRINKLER SYSTEM INSPECTIONS AND PLAN REVIEWS; AMENDING TITLE 4, CHAPTER 2, SECTION 80 TO INCREASE THE FEES CHARGED FOR FIRE ALARM SYSTEM PLAN REVIEWS; AMENDING TITLE 4, CHAPTER 5, SECTION 30 TO INCREASE THE ELECTRICAL PERMIT FEES FOR RESIDENTIAL, COMMERCIAL AND INDUSTRIAL CONSTRUCTION; AMENDING TITLE 4, CHAPTER 9, SECTION 4 TO INCREASE THE PERMIT FEES CHARGED UNDER THE INTERNATIONAL MECHANICAL AND FUEL GAS CODES; APPROVING A SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE, was read for the first, second and third time. proposed ordinance (O-34-05) be passed and that the same be numbered Ordinance Moved by JORDAN and seconded by CLEGG that all rules of the Council interfering with the immediate consideration of (O-35-05) be suspended; that the portions of Idaho Code requiring all ordinances to be read on three different days, twice by title and once in full, be dispensed with; and that (O-35-05) be placed before the council for final consideration.

9 124 Proposed ordinance (O-35-05) by the Council: Titled: AN ORDINANCE AMENDING PARKING TICKETS AND PROCEDURES, BOISE CITY CODE TO: INCREASE THE FINES CHARGED FOR ENUMERATED PARKING VIOLATIONS; AMENDING TEMPORARY USE PARKING PERMITS AND FEES, BOISE CITY CODE TO: REQUIRE A PERMIT FROM ACHD FOR DUMPSTERS PLACED ON PUBLIC RIGHT OF WAY, IMPOSING REQUIREMENTS ON CONTRACTORS FOR PARKING METER REPLACEMENT, PROVIDING FOR DIRECT APPEAL FROM PARKING CONTROL TO THE CITY COUNCIL, INCREASING THE PERMIT SCHEDULE, AND REMOVING THE PROVISIONS FOR CREDIT SPACE ALLOWANCE; AMENDING PARKING TICKETS AND PROCEDURE, BOISE CITY CODE TO: INCREASE THE FINES CHARGED FOR ENUMERATED PARKING VIOLATIONS; AMENDING DELIVERY PERMITS AND METER HOODS, BOISE CITY CODE TO: PROVIDE FOR APPEAL TO CITY COUNCIL, AND INCREASE FEES FOR METER HOODS; APPROVING A SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE, was read for the first, second and third time. proposed ordinance (O-35-05) be passed and that the same be numbered Ordinance Moved by JORDAN and seconded by CLEGG that all rules of the Council interfering with the immediate consideration of (O-36-05) be suspended; that the portions of Idaho Code requiring all ordinances to be read on three different days, twice by title and once in full, be dispensed with; and that (O-36-05) be placed before the council for final consideration. Proposed ordinance (O-36-05) by the Council:

10 125 Titled: AN ORDINANCE AMENDING BOISE CITY CODE TITLE 5, CHAPTER 1, SECTION 5, TO ALLOW GOING OUT OF BUSINESS OR CLOSING OUT SALE LICENSE FEES TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING TITLE 5, CHAPTER 4, SECTION 5, TO ALLOW VEHICLE IMMOBILIZATION AGENT CARD LICENSE FEES TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING TITLE 5, CHAPTER 5, SECTION 8, TO ALLOW ALCOHOL RETAILERS LICENSE FEES TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 6, SECTION 8, TO ALLOW SIDEWALK CAFÉ PERMIT FEES TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 9, SECTION 02 TO ALLOW LICENSE FEES FOR SHOWS AND ENTERTAINMENT ACTIVITIES TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 11, SECTION 01, TO ALLOW THE FEES FOR DANCE LICENSES TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 12, SECTION 07, TO ALLOW THE LICENSE FEE FOR VENDORS, SOLICITORS OR CANVASSERS, OR TEMPORARY MERCHANTS TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 16, SECTION 2.04, TO ALLOW THE FEE FOR A PAWNBROKERS LICENSE TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 17, SECTION 6, TO ALLOW THE FEE FOR A PAWNBROKER AUCTIONEERS LICENSE TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 19, SECTION 09, TO ALLOW THE LICENSE FEES FOR PRIVATE SECURITY SERVICE, PRIVATE PATROL AGENTS, SECURITY ALARM INSTALLATION SERVICES AND SECURITY ALARM INSTALLERS TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 20, SECTION 05, TO ALLOW THE LICENSE FEES FOR PRECIOUS METAL DEALERS TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 21, SECTION 4, TO ALLOW THE FEE FOR A SEPTAGE HAULER OPERATORS LICENSE TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 22, SECTION 8, TO ALLOW THE FEE FOR A CHARITABLE SOLICITATION LICENSE TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 23, SECTION 01, TO ALLOW THE FEE FOR A SPRAYERS LICENSE TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 24, SECTION 04, TO ALLOW THE LICENSE AND TRANSFER FEES FOR THE OWNERS AND OPERATORS OF TAXICABS TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE

11 126 SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 24, SECTION 05, TO ALLOW THE LICENSE FEE FOR TRANSFERRING A TAXICAB LICENSE TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 25, SECTION 01 TO ALLOW THE LICENSE FEE FOR THEATRES TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 28, SECTION 05, TO ALLOW THE LICENSE FEES FOR VEHICLE ESCORT SERVICES TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 29, SECTION 07, TO ALLOW THE FEE FOR AN EMERGENCY WRECKER LICENSE TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 30, SECTION 04, TO ALLOW THE LICENSE FEE FOR OPERATING AUCTION HOUSES OR CONDUCTING AUCTIONS TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 30, SECTION 13, TO ALLOW THE LICENSE FEE FOR AUCTIONEERS TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING TITLE 5, CHAPTER 33, SECTION 8, TO ALLOW THE LICENSE FEES FOR FAMILY CHILD CARE HOMES, GROUP CHILD CARE HOMES, CHILD CARE CENTERS AND CHILD CARE WORKERS TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 35, SECTION 10, TO ALLOW THE LICENSE FEES FOR MASSAGE ESTABLISHMENTS AND MASSAGISTS TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 36, SECTION 2, TO ALLOW THE LICENSE FEES FOR ESCORT BUREAUS AND ESCORTS TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 8, CHAPTER 05, SECTION 02, TO ALLOW THE RESTAURANT LICENSE FEE TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 2, SECTION 3 TO ALLOW FOR A LICENSE PROCESSING FEE TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; ; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 6, SECTION 11, TO ALLOW THE LICENSE FEES FOR SIDEWALK CAFÉ PERMIT TRANSFERS TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 9, SECTION 10, TO ALLOW THE LICENSE FEES FOR MERRY-GO-ROUND OR RIDING GALLERIES TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 12, SECTION 6, TO ALLOW THE VENDOR INVESTIGATION FEES TO BE ESTABLISHED BY A CITY CLERK LICENSE FEE SCHEDULE APPROVED BY THE COUNCIL; AMENDING BOISE CITY CODE TITLE 5, CHAPTER 29, SECTION 8, TO DELETE WRECKER INSPECTION FEES; PROVIDING AN ORDINANCE EFFECTIVE DATE; AND APPROVING A SUMMARY OF THE ORDINANCE, was read for the first, second and third time.

12 127 proposed ordinance (O-36-05) be passed and that the same be numbered Ordinance Proposed ordinance (O-41-05) by the Council: Titled: AN ORDINANCE (CAR /DAVID SOUTHERS FOR PROPERTY LOCATED AT 1511 W. IDAHO) 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 C-2DD (GENERAL COMMERCIAL WITH DOWNTOWN DESIGN REVIEW) TO R-ODD (RESIDENTIAL OFFICE WITH DOWNTOWN DESIGN REVIEW); SETTING FORTH FINDINGS OF FACT IN SUPPORT OF SUCH ZONE CHANGE; AND PROVIDING AN EFFECTIVE DATE, was read for the second time. Proposed ordinance (O-42-05) by the Council: Titled: AN ORDINANCE (CAR /LANDMARK PROPERTIES, LLC. FOR PROPERTY LOCATED AT 8550 W. VICTORY) 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); 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. Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING AN INFLIGHT SERVICES CATERING AGREEMENT BETWEEN THE CITY OF BOISE AND DELTA AIR LINES, INC.; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID CATERING AGREEMENT ON BEHALF OF BOISE CITY; AND PROVIDING AN EFFECTIVE DATE, was read in full.

13 128 proposed resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: Titled: A RESOLUTION ACCEPTING THE GRANT OF A SANITARY SEWER EASEMENT FROM CHERYL DANIELS BOYER TO THE CITY OF BOISE CITY FOR CONSTRUCTION OF CITY SEWER PROJECT DRI-1353; 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 A REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT) AND LIBERTY DEVELOPMENT, INC. FOR THE EXTENSION OF SEWER TO SERVE THE UMPQUA NO. 2 SUBDIVISION; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID REIMBURSEMENT 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 Proposed resolution (R ) by the Council:

14 129 Titled: A RESOLUTION APPROVING A REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT) AND LIBERTY DEVELOPMENT, INC. FOR THE EXTENSION OF SEWER TO SERVE THE CUMBERLAND SUBDIVISION; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID REIMBURSEMENT 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 Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING A BOISE CITY PLANNING DIVISION FEE SCHEDULE; 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 ; ANN MORRISON BALLFIELD LOOP ASPHALT RENOVATION; PARKS AND RECREATION DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND C & A PAVING COMPANY, INC.; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution

15 130 Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING A BOISE CITY CLERK LICENSE FEE SCHEDULE; 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 A RIGHT-OF-WAY CONTRACT BY AND BETWEEN THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT) AND PRICE LAKESHORE, LLC. FOR THE ACQUISITION OF A SANITARY SEWER EASEMENT FOR THE CONSTRUCTION OF CITY SEWER PROJECT SWS-135; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID RIGHT-OF-WAY CONTRACT ON BEHALF OF BOISE CITY; ACCEPTING THE GRANT OF A SANITARY SEWER EASEMENT FROM PRICE LAKESHORE, LLC.; AUTHORIZING PAYMENT FOR THE ACQUISITION OF THE SANITARY SEWER EASEMENT; 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:

16 131 Titled: A RESOLUTION APPROVING A RIGHT-OF-WAY CONTRACT BY AND BETWEEN THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT) AND RICHARD L. AND JACQUELINE HARTLEY FOR THE ACQUISITION OF A SANITARY SEWER EASEMENT FOR THE CONSTRUCTION OF CITY SEWER PROJECT SWS-135; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID RIGHT-OF-WAY CONTRACT ON BEHALF OF BOISE CITY; ACCEPTING THE GRANT OF A SANITARY SEWER EASEMENT FROM RICHARD L. AND JACQUELINE HARTLEY; AUTHORIZING PAYMENT FOR THE ACQUISITION OF THE SANITARY SEWER EASEMENT; 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 05-CON-147; ZIMMATIC PIVOT IRRIGATION SYSTEM, PUBLIC WORKS DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND AGRI- LINES IRRIGATION; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution Councilmember MAPP requested unanimous consent to withdraw CUP /Appeal/The Orchards, LLC, from tonight s Council agenda at the applicant s request. Unanimous consent was granted.

17 132 Mayor BIETER announced that this was the time and place set for a public hearing on CAR /Rezone/The Orchards, LLC request for approval of a rezone of +/ acres from A (Open Land) to C-1D (Neighborhood Commercial with Design Review) and +/ acres from A (Open Land) to R-2D (Combined Residential with Design Review) located at W. Ustick Road. 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 CLEGG that CAR /Rezone/The Orchards, LLC request for approval of a rezone of +/ acres from A (Open Land) to C-1D (Neighborhood Commercial with Design Review) and +/ acres from A (Open Land) to R-2D (Combined Residential with Design Review) located at W. Ustick Road be approved. Mayor BIETER announced that this was the time and place set for a public hearing on CAR /Rezone/Nemec Construction request approval for a rezone of /- acres from A (Open Land) to R-2D (Combined Residential with Design Review) at 2828 North Cloverdale Road. 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 CLEGG that CAR /Rezone/Nemec Construction request for approval of a rezone of /- acres from A (Open Land) to R-2D (Combined Residential with Design Review) at 2828 North Cloverdale Road be approved.

18 133 Mayor BIETER stated that Lifestyle Condominiums SUB request for Preliminary Plat has been removed from consideration. Eyrie Canyon Subdivision No. 3 SUB request for Final Plat was before Mayor and Council. Dave Abo, Planning and Development Services, presented the staff report. Shawn Martin, Ada County Highway District, answered questions from the Council. Moved by JORDAN and seconded by CLEGG that Eyrie Canyon Subdivision No. 3 SUB request for Final Plat be granted as requested subject to conditions stated in staff report dated September 13, Mandolin Park Subdivision SUB request for Final Plat was before Mayor and Council. Dave Abo, Planning and Development Services, presented the staff report. Moved by JORDAN and seconded by CLEGG that Mandolin Park Subdivision SUB request for Final Plat be granted as requested subject to conditions stated in staff report dated September 12, Rosecroft Place Subdivision SUB request for Final Plat was before Mayor and Council. Dave Abo, Planning and Development Services, presented the staff report.

19 134 Moved by JORDAN and seconded by CLEGG that Rosecroft Place Subdivision SUB request for Final Plat be granted as requested subject to conditions stated in staff report dated September 13, Vic Park No. 2 Subdivision SUB request for Final Plat was before Mayor and Council. Dave Abo, Planning and Development Services, presented the staff report. Moved by JORDAN and seconded by CLEGG that Vic Park No. 2 Subdivision SUB request for Final Plat be granted as requested subject to conditions stated in staff report dated September 13, Bonaventure Rim Subdivision SUB request for Final Plat was before Mayor and Council. Dave Abo, Planning and Development Services, presented the staff report. Moved by JORDAN and seconded by CLEGG that Bonaventure Rim Subdivision SUB request for Final Plat be granted as requested subject to conditions stated in staff report dated September 13, Schultz Subdivision SUB request for Preliminary Plat was before Mayor and Council. Dave Abo, Planning and Development Services, presented the staff report.

20 135 Shawn Martin, Ada County Highway District and Randy Schultz, applicant, 6820 Baron Ave, addressed concerns of the Council. Moved by JORDAN and seconded by CLEGG that Schultz Subdivision SUB be granted as requested subject to conditions stated in staff report dated September 13, Dave Watkins request for Consent to Vacate Alley Right-of-Way SOS between Lots 2 and 3, Block 11, of Scott s Third Subdivision (located on the east side of Phillippi Street approximately 300 feet south of the intersection of Phillippi Street and Morris Hill Road)was before Mayor and Council. Dave Abo, Planning and Development Services, presented the staff report. Shawn Martin, Ada County Highway District and David Krick, Attorney for the Applicant, answered questions from the Council. Moved by JORDAN and seconded by MAPP that the request for Consent to Vacate Alley Right-of-Way SOS between Lots 2 and 3, Block 11, of Scott s Third Subdivision (located on the east side of Phillippi Street approximately 300 feet south of the intersection of Phillippi Street and Morris Hill Road) be denied based on Staff s recommendations. There being no further business the meeting adjourned at 8:30 o'clock P.M. APPROVE: MAYOR

21 136 ATTEST: CITY CLERK