BOISE, IDAHO JUNE 24, Council met in regular session Tuesday, June 24, 2008, Councilmember DAVID EBERLE, presiding.

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1 181 BOISE, IDAHO Council met in regular session Tuesday, June 24, 2008, Councilmember DAVID EBERLE, presiding. Roll call showed the following members present: Moved by JORDAN and seconded by CLEGG that the minutes from the June 17, 2008, Boise City Council Work Session Meeting be approved. YEAS: CLEGG, EBERLE, JORDAN, SHEALY and TIBBS. ABSTAIN: BISTERFELDT. Moved by JORDAN and seconded by CLEGG that the minutes from the June 17, 2008, Boise City Council Meeting be approved. YEAS: CLEGG, EBERLE, JORDAN, SHEALY and TIBBS. ABSTAIN: BISTERFELDT. Council President EBERLE announced that it was the time and place set for the appointment of Jennifer Stevens to the Planning and Zoning Commission for a four year term expiring January 8, Councilmember JORDAN requested unanimous consent that the appointment of Jennifer Stevens to the Planning and Zoning Commission for a four year term expiring January 8, 2012 be approved. Unanimous consent was granted. Council President EBERLE announced that this was the time and place set for a Travel Request. Moved by CLEGG and seconded by JORDAN that the travel request for Officer Michael Miraglia, Police

2 182 Department be approved as long as the amount of funding can be identified. Council President EBERLE announced that this was the time and place set for the briefing regarding the Arbor Hills Planned Community. Hal Simmons, Planning and Development Services Department; Tucker Johnson and Steve Amsbaugh, W. LaSalle, Arbor Hills representatives, briefed the Council on the Arbor Hills Planned Community. Mayor BIETER arrived at 12:20 P.M. Boise City Checks No thru in the total amount of $2,411, as of June 18, 2008 be approved. The Bid Results for IFB : Warm Springs Golf Course Resale Items, Parks and Recreation Department were before Mayor and Council as enumerated in staff report dated June 9, RECOMMENDATION: The Department of Finance and Administration Division concurs with Parks and Recreation in recommending that, Parks and Recreation Department be awarded to the lowest responsive and responsible bidder, American Dry Goods, Nike USA, Inc., Ashworth, Ogio Bags, Bag Boy Company, Page & Tuttle, Bite Shoes, Ping, Callaway Golf, Sport Haley, Cleveland Golf, Sun Mountain Sports, CMC Custom Gifts, Supreme International, Datrek, Taylor Made/Adidas Golf Company, Etonic, Titleist, Foot-Joy, Top Flite Golf Company, Greg Norman Apparel, Tour Edge Golf Company, LaJolla Weatherproof, Monterey Club, Wilson Sporting Goods, Nickent, Bridgestone Golf, Inc. and Mizuno Golf Co., in a total amount not to exceed $250, recommendations be followed and the bid for IFB : Warm

3 183 Springs Golf Course Resale Items be awarded to American Dry Goods, Nike USA, Inc., Ashworth, Ogio Bags, Bag Boy Company, Page & Tuttle, Bite Shoes, Ping, Callaway Golf, Sport Haley, Cleveland Golf, Sun Mountain Sports, CMC Custom Gifts, Supreme International, Datrek, Taylor Made/Adidas Golf Company, Etonic, Titleist, Foot-Joy, Top Flite Golf Company, Greg Norman Apparel, Tour Edge Golf Company, LaJolla Weatherproof, Monterey Club, Wilson Sporting Goods, Nickent, Bridgestone Golf, Inc. and Mizuno Golf Co. in the total contract amount of $250, The City Clerk requested the following claims(s) be acknowledged and referred to the office of the Treasurer: a) Darrell R. Barnard, Property Damage b) James W. Campbell, Property Damage c) Tyson Greenman, Property Damage claim(s) be acknowledged and referred to the office of the Treasurer as requested. The City Clerk requested August 12, 2008, in Council Chambers be confirmed for a public hearing on: a) CUP /APPEAL/DENISE WEST is appealing the Planning and Zoning Commission s denial of a conditional use permit for an Intermediate Child Care Center (13-20 children) on property located at 1620 S. Leadville Avenue in an R-2 (Combined Residential) zone. b) CUP /APPEAL/CLEARWIRE US, LLC is appealing the Planning and Zoning Commission s denial of a conditional use permit for a wireless communication facility that includes a 75 foot monopole on property located at 2213 S. Broadway Avenue in a C-2D (General Commercial with Design Review) zone.

4 184 Moved by EBERLE and seconded by JORDAN that August 12, 2008 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) Boise City Treasury Division, State of the Treasury Report, May 2008 b) Employee Advisory Committee Meeting Minutes, May 21, 2008 c) Boise Public Library Board of Trustees Minutes, May 7, 2008 d) Boise Public Library Director s Report, June 2008 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 DECLARING THE INTENT OF THE CITY OF BOISE CITY, BY AND THROUGH THE BOISE PUBLIC LIBRARY, TO EXCHANGE REAL PROPERTY OWNED BY THE CITY AND LOCATED GENERALLY AT 7557 USTICK ROAD BOISE, ADA COUNTY, IDAHO (BOISE WEST BRANCH LIBRARY SITE), FOR REAL PROPERTY LOCATED AT THE CORNER OF USTICK ROAD AND NORTH COLE ROAD (EVERGREEN PLAZA SHOPPING CENTER), BOISE, ADA COUNTY, IDAHO; INSTRUCTING THE CITY CLERK TO ESTABLISH AND PUBLISH NOTICE OF A HEARING DATE TO REVIEW THE PROPOSED CONVEYANCE, EXCHANGE OR SALE; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution

5 185 Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING A TEN (10) FOOT WIDE RIGHT- OF-WAY AGREEMENT FOR AN UNDERGROUND WATER LINE BETWEEN THE CITY OF BOISE, BY AND THROUGH ITS DEPARTMENT OF PARKS AND RECREATION (GRANTOR), AND UNITED WATER OF IDAHO, INC. (GRANTEE) UNDER AND ACROSS THE BOISE RIVER AT THE FUTURE SITE OF THE EAST PARKCENTER BRIDGE, SITUATED IN THE SW 1/4 OF SECTION 24 AND SECTION 25, T3N, R2E, B.M., CITY OF BOISE, ADA COUNTY, IDAHO; ACCEPTING PAYMENT FROM UNITED WATER IN THE AMOUNT OF TEN THOUSAND TWO HUNDRED THIRTY-EIGHT DOLLARS AND FORTY CENTS ($10,238.40); 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 Proposed resolution (R ) by the Council: Titled: A RESOLUTION AUTHORIZING RECEIPT OF REIMBURSEMENT FOR OVERTIME EXPENSES FOR IMPAIRED DRIVING PATROLS THROUGH SEPTEMBER, 2008, BY THE BOISE POLICE DEPARTMENT FROM THE OFFICE OF HIGHWAY SAFETY; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution

6 186 Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING RECEIPT OF ONE THOUSAND DOLLARS ($1,000) BY THE BOISE POLICE DEPARTMENT FROM THE TREASURE VALLEY ALCOHOL AND DRUG COALITION FOR REIMBURSEMENT OF TRAINING EXPENSES FOR OFFICER JERMAINE GALLOWAY TO ATTEND A CONFERENCE ON ENFORCING UNDERAGE DRINKING LAWS IN NASHVILLE, TENNESSEE; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution Councilmember EBERLE 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-42-08) by the Council: Titled: AN ORDINANCE (CAR /SPRING CREEK OVERLAND, LLC. FOR PROPERTY LOCATED AT 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 R-1C (SINGLE FAMILY RESIDENTIAL) TO N-OD (NEIGHBORHOOD OFFICE WITH DESIGN REVIEW); SETTING FORTH A REASONED STATEMENT IN SUPPORT OF SUCH ZONE CHANGE; AND PROVIDING AN EFFECTIVE DATE, was read for the first time. Councilmember EBERLE 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-39-08) by the Council:

7 187 Titled: AN ORDINANCE (CAR /FRITOLAY/SUNDANCE FOR PROPERTY LOCATED AT 2925 S. COLE ROAD AND 2860 VALA HALA 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); 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-40-08) by the Council: Titled: AN ORDINANCE REPEALING TITLE 5, CHAPTER 22 OF THE BOISE CITY CODE, ENTITLED CHARITABLE SOLICITATIONS ; AND PROVIDING AN EFFECTIVE DATE, was read for the second time. Moved by EBERLE and seconded by JORDAN that further reading of (O-33B-08) be dispensed with and the record show it has been read the third time in full. Proposed ordinance (O-33B-08) by the Council: Titled: AN ORDINANCE REPEALING BOISE CITY CODE TITLE 5, CHAPTER 29, SECTIONS 1 THROUGH 13 AND BOISE CITY CODE TITLE 10, CHAPTER 7, SECTIONS 1 THROUGH 6; AMENDING AND RENAMING BOISE CITY CODE TITLE 10, CHAPTER 21 TO PARKING SERVICES AUTHORIZED TOWING; ENACTING A NEW BOISE CITY CODE TITLE 10, CHAPTER 23, SECTIONS 1 THROUGH 7 TO ESTABLISH REGULATIONS FOR NON-CONSENT TOWING OF MOTOR VEHICLES FROM PUBLIC AND PRIVATE PROPERTY; TO PROVIDE FOR DEFINITIONS; TO PROVIDE FOR A TOWING SERVICE LICENSE APPLICATION PROCESS; TO ESTABLISH TOWING LICENSE REQUIREMENTS AND QUALIFICATIONS; TO ESTABLISH A PROCEDURE TO DENY, SUSPEND OR REVOKE A TOWING LICENSE; TO OUTLINE TOWING REGULATIONS AND REQUIREMENTS; TO PROVIDE FOR REMOVAL OF VEHICLES FROM PUBLIC STREETS; TO ESTABLISH TOW TRUCK SPECIFICATIONS AND EQUIPMENT REQUIREMENTS; TO ESTABLISH TOWING AND STORAGE RATES; TO PROVIDE FOR

8 188 ENFORCEMENT OF THE REGULATIONS AND REQUIREMENTS; APPROVING A SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE, was read for the third time. proposed ordinance (O-33B-08) be passed and that the same be numbered Ordinance Moved by EBERLE and seconded by JORDAN to move into Executive Session in accordance with Idaho Code (1)(b)(c)(f) for the purposes of discussing personnel, land acquisition and pending/potential litigation. Moved by EBERLE and seconded by JORDAN to move into the regularly scheduled Council meeting. There being no further business the meeting adjourned at 12:55 o'clock P.M. APPROVE: MAYOR ATTEST: CITY CLERK