BOISE, IDAHO OCTOBER 3, Council met in regular session Tuesday, October 3, 2006, Mayor DAVID H. BIETER, presiding.

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1 1 BOISE, IDAHO OCTOBER 3, 2006 Council met in regular session Tuesday, October 3, 2006, Mayor DAVID H. BIETER, presiding. Roll call showed the following members present: Invocation was given by Pastor Dan Robinson, Pierce Park Baptist Church. minutes from the September 26, 2006, Boise City Council Meeting be approved. Mayor BIETER announced that this was the time and place set for Reasons for Decision regarding CUP /Appeal/Scott Gray/7 Unit Infill PUD. Hal Simmons, Planning and Development Services, Moved by JORDAN and seconded by EBERLE that Reasons for Decision regarding CUP /Appeal/Scott Gray/7 Unit Infill PUD be approved. YEAS: BISTERFELDT, CLEGG, EBERLE, JORDAN, and SHEALY. TIBBS abstained. Mayor BIETER announced that this was the time and place set for Decision regarding CAR /Zoning Ordinance Amendment/Capital City Development Corporation. Scott Spjute, Planning and Development Services,

2 2 Moved by CLEGG and seconded by EBERLE that Decision regarding CAR /Zoning Ordinance Amendment/Capital City Development Corporation be approved. YEAS: CLEGG, EBERLE, JORDAN, SHEALY and TIBBS. OPPOSED: BISTERFELDT Mayor BIETER announced that this was the time and place set for Ada County Referral CU-MSP Independent School District #1 West Junior High School. Hal Simmons, Planning and Development Services, Moved by CLEGG and seconded by JORDAN that Ada County Referral CU-MSP Independent School District #1 West Junior High School be deferred until the city and the school district meet and come to some resolution about secondary access. Boise City Checks No thru in the total amount of $1,637, as of September 27, 2006, 2006 be approved. The Bid Results for F/B ; Well Drilling and Completion Pressure Treated Timber Site were before Mayor and Council as enumerated in staff report dated September 15, RECOMMENDATION: The Purchasing Division concurs with Public Works and Aviation and Public Transportation Departments in recommending that F/B ; Well Drilling and Completion Pressure Treated Timber Site be awarded to the lowest

3 3 responsive and responsible bidder, Layne Christensen Company, in a total amount not to exceed $171,800. recommendations be followed and the bid be awarded to Layne Christensen Company in the total contract amount not to exceed $171,800. The Bid Results for Recommendation to reject all bids RFP ; Informational Campaign Services were before Mayor and Council as enumerated in staff report dated September 22, RECOMMENDATION: The Purchasing Division concurs with Aviation and Public Transportation Department in recommending to Reject All Bids, RFP ; Informational Campaign Services. recommendations be followed and the bid be rejected for RFP ; Informational Campaign Services. The Bid Results for Recommendation to reject all bids F/B ; Ceiling Tile Replacement at Boise City Library were before Mayor and Council as enumerated in staff report dated September 21, RECOMMENDATION: The Purchasing Division concurs with Public Works Department in recommending to Reject All Bids, F/B ; Ceiling Tile Replacement at Boise City Library. recommendations be followed and the bid be rejected for F/B ; Ceiling Tile Replacement at Boise City Library.

4 4 The Bid Results to Rescind Approval of Contract Renewal, 06-CON-155; Workers Compensation Reinsurance Policies and Approve Contract Renewal to Midwest Employers Casualty Corporation were before Mayor and Council as enumerated in staff report dated September 7, RECOMMENDATION: The Purchasing Division concurs with Risk Management in recommending to Rescind Approval of Contract Renewal, 06-CON-155; Workers Compensation Reinsurance Policies and Approve Contract Renewal to Midwest Employers Casualty Corporation in a total contract rate not to exceed $ per $100 of Salary plus a Brokerage Fee of $5,000 to Payne Financial Group, Inc. recommendations be followed and Rescind Approval of Contract Renewal, 06-CON-155; Workers Compensation Reinsurance Policies and Approve Contract Renewal to Midwest Employers Casualty Corporation. The City Clerk requested the following claims(s) be acknowledged and referred to the office of the Treasurer: a) Jeff B. Scott, Personal Injury b) Sherri Lynne Ellis, Property Damage c) Leroy Vierra, Property Damage and Personal Injury d) Theresa Hanford, Property Damage e) Progressive Northwest Insurance Company, Property Damage claim(s) be acknowledged and referred to the office of the Treasurer as requested. The City Clerk requested December 5, 2006, in Council Chambers be confirmed for a public hearing on:

5 5 a) CUP /Special Exception/BRS Architects requests approval of a Special Exception to allow a beauty/barber school in a C-1D (Neighborhood Commercial with Design Review) zone located in the Cole Village Shopping Center at 3395 N. Cole Road. Moved by JORDAN and seconded by CLEGG that December 5, 2006 in Council Chambers be confirmed 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) Ada County Highway District Minutes, July 5, July 12, July 19, July 26, August 2, August 9, August 16 and August 23, 2006 b) Boise City Public Works Commission Minutes July 13 and August 10, 2006 c) Parks and Recreation Commissioners Minutes August 17, 2006 d) Public Safety Liaison Team Minutes August 17, 2006 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 VACATING THE TEN-FOOT PUBLIC UTILITIES, IRRIGATION, AND DRAINAGE EASEMENT LOCATED BETWEEN LOT 1, BLOCK 3 OF NELSON S RIVER PARKWAY SUBDIVISION #2 AND LOT 7, BLOCK 3 OF NELSON S RIVER PARKWAY SUBDIVISION #5, RECORDED WITH THE ADA COUNTY RECORDER IN BOOK 41 OF PLATS AT PAGE 3363 AND LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF EAST WILLIAMS STREET AND SOUTH PARKWAY

6 6 DRIVE, BOISE, ADA COUNTY; 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 VACATING A PORTION OF THE PLAT NOTE DESIGNATING THE TEN-FOOT PUBLIC UTILITIES, IRRIGATION, AND DRAINAGE EASEMENT LOCATED BETWEEN LOT 1, BLOCK 3 OF NELSON S RIVER PARKWAY SUBDIVISION #2 AND LOT 7, BLOCK 3 OF NELSON S RIVER PARKWAY SUBDIVISION #5, RECORDED WITH THE ADA COUNTY RECORDER IN BOOK 41 OF PLATS AT PAGE 3363 AND LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF EAST WILLIAMS STREET AND SOUTH PARKWAY DRIVE, BOISE, ADA COUNTY; 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 AN AGREEMENT BY AND BETWEEN THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT) AND THE U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF INTERIOR FOR THE MAINTENANCE AND OPERATION OF A STREAM GAUGING STATION ON COTTONWOOD CREEK; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID JOINT FUNDING AGREEMENT ON BEHALF OF BOISE CITY; AND PROVIDING AN EFFECTIVE DATE, was read in full.

7 7 proposed resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING A FIRE PROTECTION AND EMERGENCY SERVICES AGREEMENT BETWEEN THE CITY OF BOISE AND WHITNEY FIRE PROTECTION DISTRICT FOR THE PURPOSE OF PROVIDING COMPREHENSIVE FIRE AND EMERGENCY SERVICES TO THE PERSONS AND PROPERTY WITHIN THE WHITNEY FIRE PROTECTION DISTRICT; 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 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 ; WELL DRILLING AND COMPLETION PRESSURE TREATED TIMBER SITE; PUBLIC WORKS AND AIRPORT DEPARTMENTS, BETWEEN THE CITY OF BOISE CITY AND LAYNE CHRISTENSEN COMPANY; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution

8 8 Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING AN AIRLINE USE AND LEASE AGREEMENT BETWEEN BOISE CITY (DEPARTMENT OF AVIATION AND PUBLIC TRANSPORTATION) AND FRONTIER AIRLINES, INC. FOR THE LEASE OF CERTAIN PREMISES UPON BOISE AIR TERMINAL (GOWEN FIELD); AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: Titled: A RESOLUTION TO APPROVE UNITED WATER CORPORATION BUILDING A PUMP HOUSE ADJACENT TO RIGHT OF WAY AT BRUMBACK AND 6TH UTILIZING A RECORD OF SURVEY RATHER THAN LOT LINES; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution Englefield Green Subdivision No. 4 SUB Final Plat, Boise City, was before Mayor and Council. Moved by JORDAN and seconded by CLEGG that Englefield Green Subdivision No. 4 SUB Final Plat, Boise City be granted as requested subject to conditions stated in staff.

9 9 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-65-06) by the Council: Titled: AN ORDINANCE (CAR /PHANTOM CREEK, LLC. FOR PROPERTY LOCATED AT 7400 AND 7490 N. GARY LANE) 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 R-1C (SINGLE FAMILY RESIDENTIAL); 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 ordinance (O-66-06) by the Council: Titled: AN ORDINANCE (CAR /DA/PETROS PAFLIAS FOR PROPERTY LOCATED AT 4822 AND 4824 W. FAIRVIEW AVENUE) 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 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 second time. Moved by JORDAN and seconded by CLEGG that further reading of (O-62-06) and (O-63-06) be dispensed with and the record show that they have been read the third time in full.

10 10 Proposed ordinance (O-62-06) by the Council: Titled: AN ORDINANCE (CAR /BROOKS CROW FOR PROPERTY LOCATED AT S. BLUE CLOUD LANE) 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 A-1 (OPEN LAND); 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 third time. proposed ordinance (O-62-06) be passed and that the same be numbered Ordinance Proposed ordinance (O-63-06) by the Council: Titled: AN ORDINANCE (CAR /APRIL RINEHART FOR PROPERTY LOCATED AT W. GOLDENROD) 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-1 (OPEN LAND) TO R-1B (SINGLE FAMILY RESIDENTIAL); SETTING FORTH FINDINGS OF FACT IN SUPPORT OF SUCH ZONE CHANGE; AND PROVIDING AN EFFECTIVE DATE, was read for the third time. proposed ordinance (O-63-06) be passed and that the same be numbered Ordinance Proposed ordinance (O-64A-06) by the Council:

11 11 Titled: AN ORDINANCE CREATING A NEW TITLE 10 CHAPTER 22 TITLED AIR COMPRESSION BRAKES; PROVIDING FOR THE PROHIBITION OF AIR COMPRESSION "JAKE" BRAKES IN THE BOISE CITY LIMITS EXCEPT IN EMERGENCY SITUATIONS; AND PROVIDING AN EFFECTIVE DATE, was read for the third time. Karen Gussy, West Cloverwood Court, Boise. Addressed the Council with concerns. proposed ordinance (O-64A-06) be passed and that the same be numbered Ordinance Donegal Subdivision SUB Time Extension for Final Plat Submittal, Boise City, was before Mayor and Council. Dave Abo, Planning and Development Services, Moved by JORDAN and seconded by CLEGG that Donegal Subdivision SUB Time Extension for Final Plat Submittal, Boise City be granted as requested subject to conditions stated in staff. Birmingham Place Subdivision SUB Preliminary/Final Plat, Boise City, was before Mayor and Council. Councilmember JORDAN pulled item from the agenda and informed the Council that the applicant is putting it back in front of the Planning Commission for some changes. CAR /Banner Bank requests approval of an amendment to the Development Agreement to allow a drive-up window for a Banner Bank located at 1550 S. Kimball Way in a

12 12 C-4D/DA (Planned Commercial with Design Review Overlay and a Development Agreement) zone. Councilmember JORDAN informed Council that a decision has already been made and it just needs to be set for ordinance readings. Surf City Subdivision SUB Preliminary/Final Plat, Boise City, was before Mayor and Council. Dave Abo, Planning and Development Services, Christina Lamain, 3260 North 39 th Street Boise, addressed the Council in support of Surf City Subdivision. Jerry Little, Ada County Highway District, commented and answered questions for Council. Dave Hanneman, Boise Fire Department, answered questions for the Council. Jim Storey, 1607 South Ashpark Lane, President of Pioneer Neighborhood Association, addressed the Council in opposition of curb, gutter and sidewalk. Hal Simmons, Planning and Development Services, answered questions from the Council. Moved by JORDAN and seconded by SHEALY that Surf City Subdivision SUB Preliminary/Final Plat, Boise City be granted as requested subject to conditions stated in staff report. YEAS: BISTERFELDT, EBERLE, JORDAN, SHEALY and TIBBS. OPPOSED: CLEGG Trailside Village Subdivision SUB Preliminary Plat, Boise City, was before Mayor and Council. Dave Abo, Planning and Development Services, Dave McKinnon, 735 South Cross Timber, Applicant, presented application to Council.

13 13 Moved by CLEGG and seconded by JORDAN that Trailside Village Subdivision SUB Preliminary Plat, Boise City be granted as requested subject to conditions stated in staff report. YEAS: BISTERFELDT, CLEGG, EBERLE, JORDAN and TIBBS. OPPOSED: SHEALY Mayor BIETER announced that this was the time and place set for a public hearing on CAR /Wight Capital, LLC request approval of a modification to the Development Agreement associated with the Human Bean drive-up coffee shop to change the current hours of operation located at 2630 and 2636 S. Broadway Avenue in an L-OD/DA (Limited Office with Design Review Overlay and a Development Agreement) zone. Hal Simmons, Planning and Development Services, Patrick McKeegan, 4696 Overland Road, architect, presented application to Council and answered questions. closed. Mayor BIETER announced that the public hearing was Moved by JORDAN and seconded by CLEGG that CAR /Wight Capital, LLC request approval of a modification to the Development Agreement associated with the Human Bean drive-up coffee shop to change the current hours of operation located at 2630 and 2636 S. Broadway Avenue in an L-OD/DA (Limited Office with Design Review Overlay and a Development Agreement) zone be approved. Mayor BIETER announced that this was the time and place set for a public hearing on CAR /DA/Rezone/Therrin D. Robertson requests approval for a rezone of +/-0.19 acres located at 5103 W. Bethel Street from C-2D (General Commercial with Design Review Overlay) to M-1D (Limited Industrial with Design Review Overlay) and

14 14 Therrin Subdivision SUB Preliminary/Final Plat, Boise City, was before Mayor and Council. Hal Simmons, Planning and Development Services, David Crawford, B and A Engineers, applicant, presented application to Council. closed. Mayor BIETER announced that the public hearing was Moved by JORDAN and seconded by CLEGG that CAR /DA/Rezone/Therrin D. Robertson requests approval for a rezone of +/-0.19 acres located at 5103 W. Bethel Street from C-2D (General Commercial with Design Review Overlay) to M-1D (Limited Industrial with Design Review Overlay), Boise City be approved. Moved by JORDAN and seconded by CLEGG that Therrin Subdivision SUB Preliminary/Final Plat, Boise City be approved. Mayor BIETER announced that this was the time and place set for a public hearing on CAR /DA/Rezone/Jacqueline and Duston Rose request approval for a rezone of +/-0.66 acres located at 8770 W. Overland Road from R-1C (Single Family Residential) to C-1D/DA (Neighborhood Commercial with Design Review Overlay and a Development Agreement). Hal Simmons, Planning and Development Services, Duston Rose, 6954 West Holly Lynn Road, Boise, applicant, presented application to Council and answered questions. Judy Rose Smith, 524 South Windstone Way, Meridian, applicant, addressed Council with traffic issues and answered questions.

15 15 Lana Hale, 1320 Chase, Boise, addressed the Council in opposition to application and answered questions. Kevin Merrill, 1547 South Alante, addressed the Council in opposition of application and answered questions. Betty Bermensolo, 1978 Cannonero, addressed Council in opposition of application and answered questions. closed. Mayor BIETER announced that the public hearing was Moved by JORDAN and seconded by CLEGG that CAR /DA/Rezone/Jacqueline and Duston Rose request approval for a rezone of +/-0.66 acres located at 8770 W. Overland Road from R-1C (Single Family Residential) to C-1D/DA (Neighborhood Commercial with Design Review Overlay and a Development Agreement) be approved. There being no further business the meeting adjourned at 9:07 P.M. APPROVE: MAYOR ATTEST: CITY CLERK