BOISE, IDAHO OCTOBER 1, Council met in regular session Tuesday, October 1, 2002, Mayor BRENT COLES, presiding.

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1 175 BOISE, IDAHO Council met in regular session Tuesday, October 1, 2002, Mayor BRENT COLES, presiding. Roll call showed the following members present: Invocation was given by Pastor David Patterson, Parkview Bible Fellowship. Moved by WETHERELL and seconded by TERTELING-PAYNE that the minutes from the September 24, 2002, City Council Meeting be approved. BISTERFELDT, MASON, TERTELING-PAYNE and WETHERELL. ABSTAIN: FORNEY and MAPP. Mayor COLES announced that it was the time and place set for the appointment of Clay Carley to the Boise City Historic Preservation Commission to fill an unexpired three-year term to October 28, Moved by TERTELING-PAYNE and seconded by FORNEY that the appointment of Clay Carley to the Boise City Historic Preservation Commission to fill an unexpired three-year term to October 28, 2003 be approved. Boise City Checks No thru in the total amount of $1,048, as of September 25, 2002 be approved.

2 176 The Bid Results for F/B : Telephone Service Entrance and Continuity of Telephone Services were before Mayor and Council as enumerated in staff report dated September 16, RECOMMENDATION: The Purchasing Division concurs with Aviation and Public Transportation in recommending that F/B : Telephone Service Entrance and Continuity of Telephone Services be awarded to the lowest responsive and responsible bidder, Qwest Interprise America, Inc., in a total amount not to exceed $68,760. recommendations be followed and the bid be awarded to Qwest Interprise America, Inc., in a total amount not to exceed $68,760. The Bid Results for F/B : One New Atomic Absorption Spectrophotometer were before Mayor and Council as enumerated in staff report dated September 15, RECOMMENDATION: The Purchasing Division concurs with Public Works in recommending that F/B : One New Atomic Absorption Spectrophotometer be awarded to the lowest responsive and responsible bidder, Perkin Elmer Instruments LLC, in a total amount not to exceed $94,699. recommendations be followed and the bid be awarded to Perkin Elmer Instruments LLC, in a total amount not to exceed $94,699.

3 177 Award of Proposal; Approval of Boise City Contract 02- CON-131, Workers Compensation Insurance was before Mayor and Council as enumerated in staff report dated September 16, RECOMMENDATION: The Purchasing Division concurs with Risk Management in recommending that Award of Proposal Boise City Contract 02-CON-131, Workers Compensation Insurance be awarded to the best qualified proposer, Safety National, in a total amount not to exceed $124,729. recommendations be followed and the bid be awarded to Safety National, in a total amount not to exceed $124,729. Request for Approval of Sole Source Purchase/Approval of Boise City Purchasing Contract 02-CON-128, MIS Division, Maintenance/Service Agreement for Human Resources and Financial Software Products for the City of Boise were before Mayor and Council as enumerated in staff report dated September 19, RECOMMENDATION: The Purchasing Division concurs with MIS in recommending that request for Approval of Sole Source Purchase/Approval of Boise City Purchasing Contract 02-CON-128, MIS Division, Maintenance/Service Agreement for Human Resources and Financial Software Products for the City of Boise be awarded to PeopleSoft, Inc., in a total amount not to exceed $122,755. recommendations be followed and the sole source contract be awarded to PeopleSoft, Inc., in a total amount not to exceed $122,755, subject to completion of the sole source process as required, and successful completion of a contract agreement. Request for Sole Source Approval and Approval of Boise City Purchasing Contract 02-CON-132: Business Intelligence

4 178 Software, Implementation and Consulting Services were before Mayor and Council as enumerated in staff report dated September 19, RECOMMENDATION: The Purchasing Division concurs with the Division of Financial Management in recommending that the Request for Sole Source Approval and Approval of Boise City Purchasing Contract 02- CON-132: Business Intelligence Software, Implementation and Consulting Services be awarded to ProClarity, in an annual total amount of $150,000. recommendations be followed and the bid be awarded to ProClarity, in an annual total amount of $150,000, subject to completion of the sole source process as required by Idaho Code , and successful negotiation of a contract agreement. Recommendation to Reject All Bids for F/B ; Crane Creek Spillway Removal and Channel Restoration - PWE 468 was before Mayor and Council as enumerated in staff report dated September 18, RECOMMENDATION: The Purchasing Division concurs with Public Works in recommending that All Bids for F/B ; Crane Creek Spillway Removal and Channel Restoration - PWE 468 be rejected. recommendations be followed and All Bids for F/B ; Crane Creek Spillway Removal and Channel Restoration - PWE 468 be rejected. Recommendation to Reject All Proposals for RFP ; Janitorial Services (Graveyard Shift) for the Boise Airport was before Mayor and Council as enumerated in staff report dated September 18, 2002.

5 179 RECOMMENDATION: The Purchasing Division concurs with Aviation and Public Transportation in recommending that Recommendation to Reject All Proposals for RFP ; Janitorial Services (Graveyard Shift) for the Boise Airport be rejected. recommendations be followed and All Proposals for RFP ; Janitorial Services (Graveyard Shift) for the Boise Airport be rejected. The Bid Results for F/B : UPS Air Cargo Apron Expansion were before Mayor and Council as enumerated in staff report dated September 20, RECOMMENDATION: The Purchasing Division concurs with Aviation and Public Transportation in recommending that F/B : UPS Air Cargo Apron Expansion be awarded to the lowest responsive and responsible bidder, Idaho Sand and Gravel, in a total amount not to exceed $248,856. recommendations be followed and the bid be awarded to Idaho Sand and Gravel, in a total amount not to exceed $248,856. The City Clerk requested the following claims(s) be acknowledged and referred to the office of the Treasurer: a) Duane Cassity, Property Damage b) John H. Petti, Property Damage and Personal Injury c) Kevin Thompson, Property Damage claim(s) be acknowledged and referred to the office of the Treasurer as requested.

6 180 The City Clerk requested November 12, 2002, in Council Chambers be confirmed for a public hearing on: a) CSN /Appeal/River Run Center is appealing the Hearing Examiner's decision to deny a request for approval of a sign variance for two 2-sided, 6½ x 9', flood illuminated monument signs fronting on Park Center Boulevard for tenants of River Run Center located at E. River Park Lane. b) CUP /Appeal/Kathy Monagle is appealing the Planning and Zoning Commission's decision to approve a request by David Southers for Conditional Use approval to construct an infill 3½ story, 44- unit residential planned development on 36,600 sq. ft. generally located at 1207 W. Fort Street in an R-3D/CD (Multi-Family Residential with Design Review within a Conservation District) zone. The building will consist of a 47-space parking facility under ground, 19 residential units and 32 parking spaces on the ground level, and 25 units with lofts on the 2 nd level. Variances to several setbacks are requested. The existing school administrative building will be removed. Moved by FORNEY and seconded by TERTELING-PAYNE that November 12, 2002 in Council Chambers be confirmed as requested. The City Clerk requests the following applications for Alcohol Beverage Catering Permits be acknowledged and approved: a) Tablerock Brewpub regarding Teacher Education Day at Ann Frank Memorial on October 3, 2002 b) Tablerock Brewpub regarding BSU Homecoming Dance at the Grove on October 4, 2002

7 181 c) Tablerock Brewpub regarding BSU Hawaii Tailgate Party at the BSU Alumni Center on October 5, 2002 Alcohol Beverage Catering Permits be acknowledged and approved as requested. The Mayor's Budget Team requests the following recommendation be approved by Council. a) City General and Capital Funds: Development of short term actions and longer term strategies to address the projected budgetary shortfall for 2003 and in the next two year budget. b) Parks and Recreation Department: Approval of an addition to the Park Maintenance budget for the Anne Frank Memorial of $35,000 in base funding, with a request for a report on the need for contract security services after the first years experience. c) Parks and Recreation Department: Approval for transferring the funding and fte for phase II of the Federal Way right of way maintenance activity from the intergovernmental account, with no net effect on the City General Fund. d) Public Works Department: Approval of two additional maintenance workers (2.0 fte) for operation of facilities at the wastewater treatment plants. Funding was previously approved in the two year budget. e) Public Works Department: Approval of $377,918 for the capital project and an annual base increase of $25,000 for utilities. The one-time costs would be funded from Sewer Fund retained earnings. The annual base cost would be covered from farm operating revenues. f) Public Works Department: Approval of position and associated budgetary support within the Sewer and Solid Waste Funds as proposed by Public Works resulting in a reduction of 0.75 fte in the Sewer Fund and $32,400 in savings and an increase of 0.35

8 182 fte in the Solid Waste Fund with a cost increase of $12,200. Funding has been identified within the funds. g) Library: That the project savings be captured in the fund savings account consistent with financial policies related to capital project management. Mayor's Budget Team recommendation 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) City of Boise Treasury Division, State of the Treasury Report, August 2002 b) Boise Public Library Board of Trustee Minutes, July 3 and July 10, 2002 c) City of Boise Parking Fund (Grove Street), Statement of Net Assets, August 31, 2002 d) Boise Urban Stages, Statement of Net Assets, August 31, 2002 minutes, reports and requests be received and directed filed in the office of the City Clerk as requested. Proposed ordinance (O-61-02) by the Council: Titled: AN ORDINANCE (CAR /BOISE CITY) AMENDING TITLE 11, CHAPTERS 4, 5, 6, 8, 9, OF THE BOISE CITY ZONING ORDINANCE TO CLEAN-UP VARIOUS SECTIONS; APPROVING A SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE, was read for the third time.

9 183 proposed ordinance (O-61-02) be passed and that the same be numbered Ordinance Proposed ordinance (O-65-02) by the Council: Titled: AN ORDINANCE (CAR /JAYO CONSTRUCTION FOR PROPERTY LOCATED AT W. SMOKE RANCH DRIVE) 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) TO R-2D (COMBINED RESIDENTIAL WITH DESIGN REVIEW); 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-65-02) be passed and that the same be numbered Ordinance Proposed ordinance (O-66-02) by the Council: Titled: AN ORDINANCE (CAR /CHAD AND KATIE BABCOCK FOR PROPERTY LOCATED AT 1355 N. CLOVERDALE 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) TO R-2D (COMBINED RESIDENTIAL WITH DESIGN REVIEW); SETTING FORTH FINDINGS OF FACT IN SUPPORT OF SUCH ZONE CHANGE; AND PROVIDING AN EFFECTIVE DATE, was read for the third time.

10 184 proposed ordinance (O-66-02) be passed and that the same be numbered Ordinance Proposed ordinance (O-67-02) by the Council: Titled: AN ORDINANCE (CAR /LITZINGER CONSTRUCTION, INC. FOR PROPERTY LOCATED AT 9752 W. CORY LANE) 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-1C (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-67-02) be passed and that the same be numbered Ordinance Proposed ordinance (O-68-02) by the Council: Titled: AN ORDINANCE AMENDING BOISE CITY CODE TITLE 8, CHAPTER 11, SECTION 7.02 TO INCREASE THE SEWER OPERATION AND MAINTENANCE FEES FOR FIXED CHARGE ZERO USE, UNMONITORED CONNECTIONS, MONITORED CONNECTIONS AND TEMPORARY LIFT STATIONS; AMENDING TITLE 8, CHAPTER 11, SECTION 7.03(H) TO INCREASE THE FEE FOR SEPTAGE DUMPING; AND PROVIDING AN EFFECTIVE DATE, was read for the third time. proposed ordinance (O-68-02) be passed and that the same be numbered Ordinance 6187.

11 185 Proposed ordinance (O-69-02) by the Council: Titled: AN ORDINANCE (CAR DA/PAT MCMONIGLE FOR PROPERTY LOCATED AT 723 N. MITCHELL 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 M-1D (LIMITED INDUSTRIAL WITH DESIGN REVIEW) TO C-1D-DA (NEIGHBORHOOD COMMERCIAL WITH DESIGN REVIEW) TO C-1D-DA (NEIGHBORHOOD COMMERCIAL WITH DESIGN REVIEW AND A DEVELOPMENT AGREEMENT); SETTING FOR FINDINGS OF FACT IN SUPPORT OF SUCH ZONE CHANGE; AND PROVIDING AN EFFECTIVE DATE, was read for the second time. Proposed ordinance (O-70-02) by the Council: Titled: AN ORDINANCE AMENDING TITLE 5, CHAPTER 2, SECTION 18; TITLE 5, CHAPTER 5, SECTION 15J; TITLE 5, CHAPTER 5, SECTION 16; TITLE 5, CHAPTER 6, SECTION 16; TITLE 5, CHAPTER 6, SECTION 17; TITLE 5, CHAPTER 9, SECTION 5; TITLE 5, CHAPTER 11, SECTION 6; TITLE 5, CHAPTER 19, SECTION 15; TITLE 5, CHAPTER 23, SECTION 7; TITLE 5, CHAPTER 25, SECTION 2; TITLE 5, CHAPTER 28, SECTION 10; TITLE 5, CHAPTER 29, SECTION 13; TITLE 5, CHAPTER 30, SECTION 16; TITLE 7, CHAPTER 31, SECTION 20; TITLE 7, CHAPTER 32, SECTION 3; TITLE 8, CHAPTER 5, SECTION 13 BOISE CITY CODE PROVIDING AN INFRACTION PENALTY FOR A FIRST OFFENSE AND A MISDEMEANOR PENALTY FOR A SECOND OR SUBSEQUENT CONVICTION WITHIN A FIVE YEAR PERIOD; APPROVING A SUMMARY OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE, was read for the second time. Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING A REAL ESTATE PURCHASE AND SALE AGREEMENT BETWEEN BOISE CITY (DEPARTMENT OF AVIATION AND PUBLIC

12 186 TRANSPORTATION) AND RONALD W. VAN AUKER FOR THE PURCHASE OF A BUILDING WHICH LIES UPON CITY PREMISES AT THE BOISE AIR TERMINAL (GOWEN FIELD); AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID REAL ESTATE PURCHASE AND SALE 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 APPROVING A T-HANGAR LEASE BETWEEN BOISE CITY AND DIRK TERVEER FOR THE PREMISES UPON BOISE AIR TERMINAL (GOWEN FILED); 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 APPROVING A DEVELOPER REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT) AND SHOOTING STAR, LLC FOR THE EXTENSION OF SEWER TO SERVE THE HIAWATHA SUBDIVISION; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID DEVELOPER REIMBURSEMENT AGREEMENT ON BEHALF OF BOISE CITY; AND PROVIDING AN EFFECTIVE DATE, was read in full.

13 187 proposed resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING AN AGREEMENT FOR EASEMENT BY AND BETWEEN THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT) AND MELVINA ANN AND WILLIAM E. GRANT FOR THE ACQUISITION OF A SANITARY SEWER EASEMENT FOR CONSTRUCTION OF CITY SEWER PROJECT 1271; 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, CITY CLERK AND TREASURER TO EXECUTE ALL NECESSARY DOCUMENTS TO CLOSE-OUT A LOAN FROM THE STATE OF IDAHO, DEPARTMENT OF ENVIRONMENTAL QUALITY INCLUDING THE EXECUTION OF A PROMISSORY NOTE AND AUTHORIZING A RESERVE FUND IN AN AMOUNT UP TO $1,616, WHICH LOAN AMOUNT WAS USED TO FINANCE THE REHABILITATION OF THE NORTHWEST BOISE TRUNK SEWER; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution

14 188 Proposed resolution (R ) by the Council: Titled: A RESOLUTION (CAR /BOISE CITY) ADOPTING THE DEPOT BENCH NEIGHBORHOOD PLAN BY REFERENCE IN THE BOISE CITY COMPREHENSIVE PLAN; 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 THE TERMS AND CONDITIONS OF A GRANT AGREEMENT FOR DEVELOPMENT OF THE AIRPORT (PROJECT NUMBER BOI-2003) BETWEEN THE STATE OF IDAHO ACTING THROUGH THE IDAHO TRANSPORTATION DEPARTMENT, DIVISION OF AERONAUTICS AND BOISE CITY; 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:

15 189 Titled: A RESOLUTION APPROVING A MONTH-TO-MONTH RENTAL AGREEMENT BY AND BETWEEN LYNN GREEN AND THE CITY OF BOISE, BOISE PUBLIC LIBRARY; 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, AN AGREEMENT FOR F/B ; TELEPHONE SERVICE ENTRANCE AND CONTINUITY OF TELEPHONE SERVICES, AVIATION AND PUBLIC TRANSPORTATION DEPARTMENT, BETWEEN THE CITY OF BOISE AND QWEST INTERPRISE AMERICA, 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 DECLARING PEOPLESOFT, INC. TO BE THE SOLE SOURCE PROVIDER FOR MAINTENANCE SERVICE AGREEMENT FOR HR AND FINANCIAL PRODUCTS FOR THE CITY OF BOISE, M.I.S. DIVISION, BOISE CITY, AND APPROVING A CONTRACT FOR 02-CON-128, BETWEEN THE CITY OF BOISE CITY AND PEOPLESOFT, INC. FOR THE MAINTENANCE SERVICE AGREEMENT FOR THE HR AND FINANCIAL PRODUCTS FOR THE CITY OF BOISE,

16 190 M.I.S. DIVISION, 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, CHANGE ORDER NUMBER FOUR TO RFP ; ARCHITECTURAL AND PLANNING SERVICES FOR A NEW PASSENGER TERMINAL, AVIATION AND PUBLIC TRANSPORTATION DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND CSHQA ARCHITECTS; 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, CHANGE ORDER NUMBER TWO TO F/B ; PLAYGROUND EQUIPMENT INSTALLATION, PARKS AND RECREATION DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND QUALITY INSTALLATIONS, INC. DBA IDAHO PARKS, INC.; AND PROVIDING AN EFFECTIVE DATE, was read in full.

17 191 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, AN AGREEMENT FOR F/B ; UPS AIR CARGO APRON EXPANSION, AVIATION AND PUBLIC TRANSPORTATION DEPARTMENT, BETWEEN THE CITY OF BOISE AND IDAHO SAND AND GRAVEL; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution Councilmember FORNEY requested unanimous consent to move to New Business on tonight's Council agenda items 10B, C & D. Unanimous consent was granted. Auburn Hills SOS request for Vacation of easements and plat note for Public Utility, Drainage and Irrigation was before Mayor and Council. Moved by WETHERELL and seconded by TERTELING-PAYNE that Auburn Hills SOS Vacation of easements and plat note for Public Utility, Drainage and Irrigation be granted as requested subject to conditions stated in staff report dated September 16, 2002.

18 192 Councilmember WETHERELL requested unanimous consent to move to Unfinished Business on tonight's Council agenda. Councilmember TERTELING-PAYNE objected. Request for Consent to Vacate Right-of-Way SOS , 460-foot portion of Chalet Lane and Brady Street between Earle Street and Chrisway Drive was before Mayor and Council. Moved by TERTELING-PAYNE and seconded by MASON that Consent to Vacate Right-of-Way SOS , 460-foot portion of Chalet Lane and Brady Street between Earle Street and Chrisway Drive be deferred to October 15, Councilmember WETHERELL requested unanimous consent to move to Unfinished Business on tonight's Council agenda. Unanimous consent was granted. Mayor COLES announced that this was the time and place set for a public hearing on CAR /Rezone/Keith Weeks requests the rezone of 0.63 acres from R-1C (Single Family Residential) at 1809 N. Cloverdale Road to N-OD (Neighborhood Office with Design Review). issue. There was no one in the audience to testify on this Mayor COLES announced that the public hearing was closed. Moved by WETHERELL and seconded by TERTELING-PAYNE that CAR /Rezone/Keith Weeks request for the rezone of 0.63 acres

19 193 from R-1C (Single Family Residential) at 1809 N. Cloverdale Road to N-OD (Neighborhood Office with Design Review) be approved. Mayor COLES announced that this was the time and place set for a public hearing on CAR /Idaho Electric Signs requested approval of a Zoning Ordinance Amendment to allow electronic message signs for sports arenas, convention centers, and event centers of over 50,000 sq. ft. in size, specifically 245 S. Capitol Blvd., within C-5DD (Central Business District with Downtown Design Review) Zones. issue. There was no one in the audience to testify on this Mayor COLES announced that the public hearing was closed. Moved by WETHERELL and seconded by TERTELING-PAYNE that CAR /Idaho Electric Signs requests approval of a Zoning Ordinance Amendment to allow electronic message signs for sports arenas, convention centers, and event centers of over 50,000 sq. ft. in size, specifically 245 S. Capitol Blvd., within C-5DD (Central Business District with Downtown Design Review) Zones be deferred to October 29, FORNEY, MASON, TERTELING-PAYNE and WETHERELL. NAYS: BISTERFELDT and MAPP. Councilmember WETHERELL requested unanimous consent to move to Unfinished Business, Item 9D, on tonight's Council agenda. Unanimous consent was granted. Mayor COLES announced that this was the time and place set for a public hearing on CAR /Rezone/Harris Homes, LLC request for the rezone of approximately acres at W. Ustick Road from A (Open) to 9.65 acres of R-1C (Single Family

20 194 Residential) and 0.44 acres of L-OD (Limited Office with Design Review). issue. There was no one in the audience to testify on this Mayor COLES announced that the public hearing was closed. Moved by WETHERELL and seconded by TERTELING-PAYNE that CAR /Rezone/Harris Homes, LLC request for the rezone of approximately acres at W. Ustick Road from A (Open) to 9.65 acres of R-1C (Single Family Residential) and 0.44 acres of L- OD (Limited Office with Design Review) be approved. Councilmember WETHERELL requested unanimous consent to move to New Business, Item 10A, on tonight's Council agenda. Unanimous consent was granted. Sunningdale Estates Subdivision SUB request for Preliminary Plat was before Mayor and Council. Scott Spjute, Planning and Development Services, presented the staff report. Beth Clovis, 3309 Highwood Place, addressed her concerns in regards to the irrigation ditch that runs behind the homes in the subdivision. Ashley Ford, Hubble Engineering, 701 Allen, applicant representative, addressed the Council regarding the irrigation. Moved by WETHERELL and seconded by MAPP that Sunningdale Estates Subdivision SUB Preliminary Plat be granted as requested subject to conditions stated in staff report dated September 12, 2002.

21 195 Councilmember WETHERELL requested unanimous consent to return to the regular order of business on tonight's Council agenda. Unanimous consent was granted. Mayor COLES announced that this was the time and place set for a public hearing on CAR /Rezone/Robert R. Glenn request for the rezone of approximately 43,474 sq. ft. of property at 3091 N. Maple Grove Road from R-1B (Single Family Residential) to R-2 (Combined Residential). Scott Spjute, Planning and Development Services, presented the staff report. Denny Price, 3110 N. Dalton Lane, President of Cattails Subdivision Homeowners Association, addressed Council in opposition to the rezone. Mayor COLES announced that the public hearing was closed. Moved by TERTELING-PAYNE and seconded by BISTERFELDT that CAR /Rezone/Robert R. Glenn request for the rezone of approximately 43,474 sq. ft. of property at 3091 N. Maple Grove Road from R-1B (Single Family Residential) to R-2 (Combined Residential) be denied. Mayor COLES announced that this was the time and place set for a public hearing on Ordinance (O-60-02). Proposed ordinance (O-60-02) by the Council: Titled: AN ORDINANCE CREATING A NEW SECTION, BOISE CITY CODE TITLE 10, CHAPTER 10, SECTION 18, TO PROHIBIT OPERATORS OF MOTOR VEHICLES FROM USING PRIVATE PROPERTY AS A PUBLIC ROADWAY OR THROUGHWAY

22 196 STREET TO BYPASS STOP SIGNS OR TRAFFIC CONTROL SIGNALS; PROVIDING THAT A VIOLATION OF THIS SECTION IS AN INFRACTION; AND PROVIDING AN EFFECTIVE DATE; AND PROVIDING AN EFFECTIVE DATE, was read for the third time. Jim Kearns, Boise Police Department and Jill Musser, Legal Department, presented the staff report. issue. There was no one in the audience to testify on this Mayor COLES announced that the public hearing was closed. Moved by WETHERELL and seconded by MASON that the proposed ordinance (O-60-02) be passed and that the same be numbered Ordinance Moved by TERTELING-PAYNE and seconded by MASON that CAR /Rezone/Shannon Robnett be rescheduled from October 29, 2002 to January 14, Mayor COLES announced that this was the time and place set for a public hearing on Ordinance (O-63-02). Proposed ordinance (O-63-02) by the Council: Titled: AN ORDINANCE AMENDING TITLE 4, CHAPTERS 1, 2, 9, 14 AND TITLE 8, CHAPTER 17 OF THE BOISE CITY CODE TO PROVIDE FOR A 5% FEE INCREASE FOR ENFORCEMENT SERVICES RELATED TO BUILDING, PLUMBING, MECHANICAL, ELECTRICAL, CONSTRUCTION SITE EROSION CONTROL CODES, FIRE SPRINKLER SYSTEMS PLAN REVIEW, FIRE SPRINKLER INSPECTION, FIRE ALARM SYSTEM PLAN REVIEW FOR EXISTING BUILDINGS AND ALARM

23 197 ALTERATIONS; APPROVING A SUMMARY; AND PROVIDING AN EFFECTIVE DATE; AND PROVIDING AN EFFECTIVE DATE, was read for the third time. Tim Hogland, Planning and Development Services, presented the staff report. issue. There was no one in the audience to testify on this Mayor COLES announced that the public hearing was closed. Moved by TERTELING-PAYNE and seconded by FORNEY that the proposed ordinance (O-63-02) be passed and that the same be numbered Ordinance Creekwood Subdivision SUB request for Preliminary Plat was before Mayor and Council. Scott Spjute, Planning and Development Services, presented the staff report. Kevin Amar, 416 E. 1 st Street, Meridian, developer representative and Susan Wildwood, 2533 N. 26 th Street, Attorney for developer, addressed the Council in support of the subdivision. Nancy Coleman, 3440 Victory View Drive, addressed the Council regarding amendments to the development she would like recommended to Ada County. Moved by TERTELING-PAYNE and seconded by FORNEY that Creekwood Subdivision SUB Preliminary Plat be recommended as requested subject to conditions stated in staff report dated September 25, 2002.

24 198 There being no further business the meeting adjourned at 8:57 o'clock P.M. APPROVE: MAYOR ATTEST: CITY CLERK