BOISE, IDAHO DECEMBER 17, Council met in regular session Tuesday, December 17, 2002, Mayor BRENT COLES, presiding.

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1 147 BOISE, IDAHO Council met in regular session Tuesday, December 17, 2002, Mayor BRENT COLES, presiding. Roll call showed the following members present: Invocation was given by Annette Mooney, Boise City Clerk. the minutes from the December 10, 2002, City Pre-Council Meeting be approved. the minutes from the December 10, 2002, City Council Meeting be approved. BISTERFELDT, MAPP, MASON, TERTELING-PAYNE. ABSTAIN: FORNEY and WETHERELL. Mayor COLES announced that it was the time and place set for the reappointment of Andrew C. Erstad to the Boise City Design Review Board to fill an expired three-year term to January 1, Moved by WETHERELL and seconded by MAPP that the reappointment of Andrew C. Erstad to the Boise City Design Review Board to fill an expired three-year term to January 1, 2006 be approved.

2 148 Mayor COLES announced that it was the time and place set for the reappointment of P. Eric Davis to the Boise City Arts Commission to fill an expired three-year term to December 31, the reappointment of P. Eric Davis to the Boise City Arts Commission to fill an expired three-year term to December 31, 2005 be approved. Mayor COLES announced that it was the time and place set for the reappointment of Thomas Baskin to the Boise City Board of Park and Recreation Commission to fill an expired five-year term to December 17, the reappointment of Thomas Baskin to the Boise City Board of Park and Recreation Commission to fill an expired five-year term to December 17, 2007 be approved. Mayor COLES announced that it was the time and place set for the reappointment of Mary Grunewald McGown to the Boise City Board of Park and Recreation Commission to fill an expired fiveyear term to December 17, the reappointment of Mary Grunewald McGown to the Boise City Board of Park and Recreation Commission to fill an expired five-year term to December 17, 2007 be approved.

3 149 Mayor COLES announced that it was the time and place set for the appointment of Scott A. Wendell to the Boise City/Ada County Housing Authority to fill an expired five-year term to December 3, the appointment of Scott A. Wendell to the Boise City/Ada County Housing Authority to fill an expired five-year term to December 3, 2007 be approved. Boise City Checks No thru in the total amount of $2,306, as of December 11, 2002 be approved. The Bid Results for F/B : Parking System Equipment for the Boise Airport were before Mayor and Council as enumerated in staff report dated December 3, RECOMMENDATION: The Purchasing Division concurs with Aviation and Public Transportation in recommending that F/B : Parking System Equipment for the Boise Airport be awarded to the lowest responsive and responsible bidder, Tri-State Electric, in a total amount not to exceed $85,002. recommendations be followed and the bid be awarded to Tri-State Electric, in a total amount not to exceed $85,002.

4 150 Request for Approval of Sole Source Purchase; Approval of Boise City Contract 03-CON-017: Dynix Integrated On-Line Computer System Software Maintenance was before Mayor and Council as enumerated in staff report dated November 22, RECOMMENDATION: The Purchasing Division concurs with the Boise Public Library in recommending that Approval of Sole Source Purchase; Approval of Boise City Contract 03-CON-017: Dynix Integrated On-Line Computer System Software Maintenance be granted to Epixtech, in a total amount not to exceed $60,022. recommendations be followed and the bid be awarded to Epixtech, in a total amount not to exceed $60,022. Request for Approval of Sole Source Award 03-CON-018: Lenticular Graphic Mural for the New Airport Terminal Building were before Mayor and Council as enumerated in staff report dated November 22, RECOMMENDATION: The Purchasing Division concurs with Aviation and Public Transportation in recommending that Approval of Sole Source Award 03-CON-018: Lenticular Graphic Mural for the New Airport Terminal Building be granted to Big3D, in a total amount not to exceed $125,000. recommendations be followed and the bid be awarded to Big3D, in a total amount not to exceed $125,000.

5 151 Recommendation to Reject All Bids and Re-Bid F/B : One New 4-wheel Drive Row Crop Tractor were before Mayor and Council as enumerated in staff report dated November 29, RECOMMENDATION: The Purchasing Division concurs with Public Works in recommending that Recommendation to Reject All Bids for F/B : One New 4-wheel Drive Row Crop Tractor and the project be rebid with modified specifications. recommendations be followed and all bids be rejected and the project be rebid with modified specifications. The City Clerk requested the following claims(s) be acknowledged and referred to the office of the Treasurer: a) Lucy L. Langmade, Property Damage b) Colleen Anne DeLeon, Property Damage and Personal Injury claim(s) be acknowledged and referred to the office of the Treasurer 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) Mayor's Budget Team Minutes, October 16, November 20 and November 27, 2002 b) Transportation Team Minutes, November 20, 2002 c) Boise City Building Construction Report, Fiscal Report, Oct.-Nov d) Boise City Building Construction Report, Calendar Report, Jan.-Nov. 2002

6 152 e) Boise City Building Construction Report, November 2002 minutes, reports and requests be received and directed filed in the office of the City Clerk as requested. Councilmember WETHERELL requested unanimous consent that ordinances (O-80-02) and (O-81-02) be removed from tonight's Consent agenda for further discussion. Unanimous consent was granted. Thomas McGuire, 1201 W. Washington, requested the resolution (R ) be removed from tonight's Consent agenda for further discussion. Mayor COLES announced it was the time and place for a public hearing on ordinance (O-80-02), (O-81-02) and resolution (R ). Kevin Mayhouse, 706 Opal Street; Casey O'Leary, 512 W. Hays; Jason Shaw, 1201 W. Washington #4; Hannah Young, 2136 W. Ridgecrest Drive; Robert McMinn, 770 Sylvan Street; Thomas McGuire, 1201 W. Washington; Tom Bellamy, 835 N. Mariah Place; Barbara Martin-Sparrow, 3030 E. Boise Avenue and Martin Johncox, 6904 Randolph Drive, addressed the Council regarding the recycling for apartment dwellers, landfill need in the future and public awareness regarding recycling. Proposed ordinance (O-80-02) by the Council: Titled: AN ORDINANCE AMENDING THE SOLID WASTE FRANCHISE AGREEMENT BY AND BETWEEN THE CITY OF BOISE AND BFI WASTE SYSTEMS FOR NORTH AMERICA, INC. TO INCLUDE AN UPDATED RATE SCHEDULE FOR REIMBURSEMENT TO BFI WASTE SYSTEMS FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICES; REPEALING THE PRIOR BFI REIMBURSEMENT RATE SCHEDULES

7 153 ESTABLISHED BY ORDINANCE NO. 6115; AND PROVIDING AN EFFECTIVE DATE, was read for the third time. the proposed ordinance (O-80-02) be passed and that the same be numbered Ordinance Proposed ordinance (O-81-02) by the Council: Titled: AN ORDINANCE APPROVING AN AMENDED SOLID WASTE FRANCHISE AGREEMENT BY AND BETWEEN THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT) AND BFI WASTE SYSTEMS OF NORTH AMERICA, INC. (BFI) GRANTING A SEVEN (7) YEAR FRANCHISE EXTENSION TO BFI TO PROVIDE SOLID WASTE COLLECTION SERVICES WITHIN THE CITY OF BOISE CITY, ADDING A DEFINITION OF REFUSE CONTAINER; CLARIFYING EXCLUSIVE AND NON-EXCLUSIVE SERVICES, ADDING PROVISIONS FOR WHEELED CART SERVICES, MODIFYING COLLECTION REPORTING REQUIREMENTS; INCREASING THE WITHHOLDING AMOUNTS FOR FAILURE TO PERFORM, CLEANING-UP DATED AND CONTEXTUAL LANGUAGE; APPROVING A SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE, was read for the third time. the proposed ordinance (O-81-02) be passed and that the same be numbered Ordinance BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL. NAYS: FORNEY. Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING A NEW CUSTOMER FEE SCHEDULE FOR THE USE OF SOLID WASTE COLLECTION SERVICES; AND PROVIDING AN EFFECTIVE DATE, was read in full.

8 154 the proposed resolution (R ) be adopted and that same be numbered Resolution Proposed ordinance (O-82-02) by the Council: Titled: AN ORDINANCE ADDING CHAPTER 15 TO TITLE IV OF THE BOISE CITY CODE TO PROVIDE THAT ALL BUILDINGS OWNED, CONSTRUCTED OR RENOVATED SPECIFICALLY FOR THE USE OF OCCUPANCY OF ANY STATE AGENCY OR ENTITY SHALL BE PLAN CHECKED, PERMITTED AND INSPECTED PURSUANT TO ALL CODES ADOPTED FOR THE STATE OF IDAHO, DIVISION OF BUILDING SAFETY AS STATED IN THE IDAHO BUILDING CODE ADVISORY ACT; AND PROVIDING AN EFFECTIVE DATE, was read for the third time. proposed ordinance (O-82-02) be passed and that the same be numbered Ordinance Proposed ordinance (O-83-02) by the Council: Titled: AN ORDINANCE (CAR /BOISE CITY) AMENDING TITLE 11, CHAPTER 8, SECTION 5 OF THE BOISE CITY CODE TO ADOPT THE RULES AND PROCEDURES FOR ANNEXATIONS AS APPROVED BY THE 2002 IDAHO STATE LEGISLATURE; APPROVING A SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE, was read for the third time. proposed ordinance (O-83-02) be passed and that the same be numbered Ordinance 6202.

9 155 Proposed ordinance (O-84-02) by the Council: Titled: AN ORDINANCE AMENDING BOISE CITY CODE TITLE 8, CHAPTER 11, SECTION 8.02 TO REQUIRE THE POSTING OF A SECURITY INSTRUMENT FOR DEFERRING RESTAURANT SEWER CONNECTIONS FEES; AND PROVIDING AN EFFECTIVE DATE, was read for the third time. proposed ordinance (O-84-02) be passed and that the same be numbered Ordinance Proposed ordinance (O-89-02) by the Council: Titled: AN ORDINANCE (CAR /CAPITAL DEVELOPMENT, INC.) FOR PROPERTY LOCATED AT 5460 N. EAGLE 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 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; PROVIDE A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE, was read for the first, second and third time. proposed ordinance (O-89-02) be passed and that the same be numbered Ordinance 6206.

10 156 Proposed ordinance (O-90-02) by the Council: Titled: AN ORDINANCE (CAR /CAPITAL DEVELOPMENT, INC.) AMENDING TITLE 11, CHAPTER 15, BOISE CITY CODE, TO EXPAND THE AREA OF IMPACT BOUNDARY FROM ITS CURRENT LOCATION TO INCLUDE 9.7 ACRES OF PROPERTY GENERALLY LOCATED AT 2375 E. CHINDEN BLVD., ADJACENT TO THE WEST BOUNDARY OF BRISTOL HEIGHTS SUBDIVISION ON THE SOUTH SIDE OF CHINDEN BOULEVARD; PROVIDE A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE, was read for the first, second and third time. proposed ordinance (O-90-02) be passed and that the same be numbered Ordinance Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING A HOUSING REHABILITATION LOAN FOR GEOFF AND BRIDGET MCMILLION, FOR REAL PROPERTY LOCATED AT 6508 W. BARON DRIVE; THROUGH THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT; 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:

11 157 Titled: A RESOLUTION APPROVING A LOAN APPLICATION TO THE STATE OF IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY FOR A WATER POLLUTION CONTROL REVOLVING LOAN TO MODIFY AND UPGRADE EXISTING WASTEWATER TREATMENT FACILITIES AT THE WEST BOISE WASTEWATER TREATMENT FACILITY; AUTHORIZING THE MAYOR TO EXECUTE SAID LOAN APPLICATION ON BEHALF OF BOISE CITY; DESIGNATING ROB BOUSFIELD OF THE BOISE CITY PUBLIC WORKS DEPARTMENT AS THE AUTHORIZED REPRESENTATIVE OF BOISE CITY WITH REGARDS TO THE LOAN PROCESS; 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 OF LEASE BETWEEN BOISE CITY AND WESTERN AIRCRAFT, INC. FOR THE LEASE OF PROPERTY 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:

12 158 Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE, ON BEHALF OF THE CITY OF BOISE, CHANGE ORDER NUMBER ONE TO F/B ; STORAGE AREA NETWORK, INFORMATION TECHNOLOGY DIVISION, BETWEEN THE CITY OF BOISE CITY AND XIOTECH; 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 ADDENDUM TO THE REAL ESTATE PURCHASE AND SALE AGREEMENT BETWEEN ORIDA INVESTMENT CORPORATION (SELLER) AND THE CITY OF BOISE CITY, BY AND THROUGH ITS DEPARTMENT OF PARKS AND RECREATION (PURCHASER), FOR THE PURCHASE OF APPROXIMATELY ACRES OF REAL PROPERTY IN THE BOISE FOOTHILLS; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID ADDENDUM 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 resolution (R-541A-02) be added to tonight's Consent agenda. Unanimous consent was granted. Proposed resolution (R-541A-02) by the Council:

13 159 Titled: A RESOLUTION APPROVING AN AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY BY AND BETWEEN ADA COUNTY AND THE CITY OF BOISE CITY, BY AND THROUGH ITS DEPARTMENT OF PARKS AND RECREATION, FOR CERTAIN PARCELS OF REAL ESTATE KNOWN AS BARBER PARK; 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-541A-02) be adopted and that same be numbered Resolution Councilmember MAPP requested unanimous consent to move to New Business on tonight's Council agenda. Unanimous consent was granted. Request for Consent to vacate right-of-way alley dividing Block 75 of Boise City Original Townsite between 11 th Street and 12 th Street SOS was before Mayor and Council. Wayne Gibbs, Planning and Development Services, presented the staff report. Moved by FORNEY and seconded by MASON that Consent to vacate right-of-way alley dividing Block 75 of Boise City Original Townsite between 11 th Street and 12 th Street SOS be deferred and linked with Cathedral Place and have it discussed with the application at Planning and Zoning Commission on February 3, Saturn Subdivision SUB request for Preliminary and Final Plat was before Mayor and Council.

14 160 Wayne Gibbs, Planning and Development Services, presented the staff report. Moved by TERTELING-PAYNE and seconded by FORNEY that Saturn Subdivision SUB Preliminary and Final Plat be granted as requested subject to conditions stated in staff report dated December 11, Arrowleaf Subdivision No. 2 SUB request for Final Plat was before Mayor and Council. Wayne Gibbs, Planning and Development Services, presented the staff report. Moved by TERTELING-PAYNE and seconded by FORNEY that Arrowleaf Subdivision No. 2 SUB Final Plat be granted as requested subject to conditions stated in staff report dated December 11, Oakwood Subdivision SUB request for Final Plat was before Mayor and Council. Wayne Gibbs, Planning and Development Services, presented the staff report. Moved by TERTELING-PAYNE and seconded by FORNEY that Oakwood Subdivision SUB Final Plat be granted as requested subject to conditions stated in staff report dated December 11, 2002.

15 161 Mayor COLES announced that this was the time and place set for a public hearing on property conveyance ordinance (O-85-02). Proposed ordinance (O-85-02) by the Council: Titled: AN ORDINANCE APPROVING THE DISPOSITION OF 10,807 SQUARE FEET OF REAL PROPERTY TO THE ADA COUNTY HIGHWAY DISTRICT FOR RIGHT- OF-WAY PURPOSES, LOCATED NEAR 4516 W. CATALPA DRIVE ADJACENT TO CATALPA PARK IN BOISE, IDAHO, BELONGING TO BOISE CITY, WHICH HAS CEASED TO BE USED FOR A CITY PURPOSE, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST ON BEHALF OF BOISE CITY, A PURCHASE AND A SALE AGREEMENT AND DEED TO THE SUBJECT PROPERTY; APPROVING A SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE, was read for the third time. Molly Holt, Boise Parks and Recreation, 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. the proposed ordinance (O-85-02) be passed and that the same be numbered Ordinance Mayor COLES announced that this was the time and place set for a public hearing on property conveyance ordinance (O-86-02). Proposed ordinance (O-86-02) by the Council: Titled: AN ORDINANCE APPROVING THE DISPOSITION OF APPROXIMATELY 19 ACRES OF REAL PROPERTY LOCATED ON THE EAST SIDE OF SOUTH FIVE MILE ROAD, APPROXIMATELY ONE QUARTER MILE NORTH OF THE INTERSECTION OF

16 162 SOUTH FIVE MILE AND LAKE HAZEL ROADS, MORE PARTICULARLY DESCRIBED AS A PORTION OF THE NEW 1/4 SW 1/4 OF SECTION 35, T.3N., R.1E., BOISE MERIDIAN, ADA COUNTY, IDAHO, BELONGING TO BOISE CITY, WHICH HAS CEASED TO BE USED FOR A CITY PURPOSE; APPROVING A SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE, was read for the third time. Molly Holt, Boise Parks and Recreation, 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-86-02) be passed and that the same be numbered Ordinance Mayor COLES announced that this was the time and place set for a public hearing on CUP /Appeal/Elliot Werk, on behalf of the Franklin-Randolph Bench Neighborhood Association is appealing the decision of the Planning and Zoning Commission not to reconsider their decision to approve CUP Wayne Gibbs, Planning and Development Services, presented the staff report. Elliot Werk, 6810 Randolph Drive, Franklin-Randolph Bench Neighborhood Association representative, addressed the Council and asked that Council remand this item back to the Planning and Zoning Commission. Joann Butler, 251 E. Front Street, Homco Development representative, addressed the Council in support of the rezone and development. Janet Miller, 5707 Randolph Drive; Manual Leon, 6710 Randolph Drive; James Jones, 3426 Hillcrest Drive, Hillcrest Neighborhood Association representative and Butch Groothuis, 6624

17 163 Randolph Drive, addressed the Council in support of the appeal and in opposition to the rezone. Mayor COLES announced that the public hearing was closed. Moved by WETHERELL and seconded by MAPP that CUP /Appeal/Elliot Werk, on behalf of the Franklin-Randolph Bench Neighborhood Association appeal of the decision of the Planning and Zoning Commission not to reconsider their decision to approve CUP be denied and the City Attorney be directed to prepare Finding of Fact and Conclusions of Law for adoption by the Council. BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL. NAYS: FORNEY. recess. Moved by MASON and seconded by FORNEY to take a 10 minute RECESS: RECONVENE: 9:35 P.M. 9:45 P.M. Mayor COLES announced that this was the time and place set for a public hearing on CAR /Rezone/Whisperwood L.L.C. requests approval of a rezone of approximately 39 acres at 6700 W. Franklin Road from A (Open) to R-2D (Combined Residential with Design Review) and L-OD (Limited Office with Design Review) for approximately 4.66 acres of L-OD and approximately acres of R-2D; CUP /Appeal/M.D. (Butch) Groothuis appeal of the Planning and Zoning Commission's decision to approve a request by Whisperwood LLC for Conditional Use approval to construct a planned development consisting of 84 attached single-family housing units with an accessory clubhouse; two three-story buildings with an approval of a height exception for two, three-story buildings that will be feet high containing a 75-room independent living

18 164 center and a 63-bed assisted living center, a 15,376 sq. ft. adult day care facility for 14 adults; a 4,456 sq ft. child care facility for 40 children; a 58-unit apartment complex consisting of thirteen two-story units and three single-story units on approximately 39 acres at 6700 W. Franklin Road in proposed R-2D (Combined Residential with Design Review) and L-OD (Limited Office with Design Review) zones. This request also includes approval of waivers of various required setbacks, lot sizes and frontage requirements and a use exception to allow C-2 uses on approximately 5.6 acres within the proposed R-2D portion of the development; and CUP /Appeal/Elliot Werk, on behalf of the Franklin-Randolph Bench Neighborhood Association is appealing the Planning and Zoning Commission's decision to approve a request by Whisperwood LLC for conditional use approval to construct a planned development consisting of 84 attached single-family housing unit with an accessory clubhouse; two three-story buildings with an approval of a height exception for two, three-story buildings that will be feet high containing a 75-room independent living center and a 63-bed assisted living center, a 15,376 sq. ft. adult day care facility for 14 adults; a 4,456 sq. ft. child care facility for 40 children; a 58-unit apartment complex consisting of thirteen two-story units and three single-story units on approximately 39 acres at 6700 W. Franklin Road in proposed R-2D (Combined Residential with Design Review) and L-OD (Limited Office with Design Review) zones. This request also includes approval of waivers of various required setbacks, lot sizes and frontage requirements and a use exception to allow C-2 uses on approximately 5.6 acres within the proposed R-2D portion of the development. Wayne Gibbs, Planning and Development Services, presented the staff report. Butch Groothuis, 6624 Randolph, appellant; Elliot Werk, 6810 Randolph Drive, Franklin-Randolph Bench Neighborhood Association representative, appellant; James Jones, 3426 Hillcrest Drive, Hillcrest Neighborhood Association representative; Martin Johncox, 6904 Randolph; Barbara Martin-Sparrow, 3030 E. Boise Avenue; Chris Erwin, 1016 Cameron Street and Paul Kime, 7124 W. McMullen; addressed the Council in support of the appeal and in opposition of the rezone. Joann Butler, 251 E. Front Street, Homco Development representative; Anna Powell, 5505 W. Franklin, B & A Engineers, applicant representative; Gary Funkhouser, 3071 E. Franklin Road, Meridian, Earthtech, applicant representative and Bryce Peterson, 1104 E. Brightwater, applicant, addressed the Council in support of the rezone and in opposition to the appeal.

19 165 Larry Helhake, 3837 N. Hall Drive, Eagle, addressed the Council with concerns about the park and the property. Mayor COLES announced that the public hearing was closed. Moved by TERTELING-PAYNE and seconded by MAPP that CAR /Rezone/Whisperwood L.L.C. request for approval of a rezone of approximately 39 acres at 6700 W. Franklin Road from A (Open) to R- 2D (Combined Residential with Design Review) and L-OD (Limited Office with Design Review) for approximately 4.66 acres of L-OD and approximately acres of R-2D be approved as requested in the staff report with the exception of the southerly portion of approximately 4.61 acres. BISTERFELDT, FORNEY, MAPP, TERTELING-PAYNE and WETHERELL. NAYS: MASON. with regard to the 4.61 acres, that it be remanded to the Planning and Zoning Commission for a development agreement that would bring back a detailed plan consistent with the conceptual plan, which we saw this evening. Moved by WETHERELL and seconded by MAPP that CUP /Appeal/M.D. (Butch) Groothuis appeal of the Planning and Zoning Commission's decision to approve a request by Whisperwood LLC for Conditional Use approval to construct a planned development consisting of 84 attached single-family housing units with an accessory clubhouse; two three-story buildings with an approval of a height exception for two, three-story buildings that will be feet high containing a 75-room independent living center and a 63-bed assisted living center, a 15,376 sq. ft. adult day care facility for 14 adults; a 4,456 sq ft. child care facility for 40 children; a 58-unit apartment complex consisting of thirteen twostory units and three single-story units on approximately 39 acres at 6700 W. Franklin Road in proposed R-2D (Combined Residential with Design Review) and L-OD (Limited Office with Design Review)

20 166 zones be granted to the extent that the waiver, with regard to height, granted by the Planning and Zoning Commission, be found to be in error, since there was no public necessity shown for the height exception and that the Bench Neighborhood had the right to rely upon height restrictions with regard to this property and that his appeal fee be refunded to him as having prevailed on his appeal. Moved by WETHERELL and seconded by MAPP that CUP /Appeal/Elliot Werk, on behalf of the Franklin-Randolph Bench Neighborhood Association appeal of the Planning and Zoning Commission's decision to approve a request by Whisperwood LLC for conditional use approval to construct a planned development consisting of 84 attached single-family housing unit with an accessory clubhouse; two three-story buildings with an approval of a height exception for two, three-story buildings that will be feet high containing a 75-room independent living center and a 63-bed assisted living center, a 15,376 sq. ft. adult day care facility for 14 adults; a 4,456 sq. ft. child care facility for 40 children; a 58-unit apartment complex consisting of thirteen two-story units and three single-story units on approximately 39 acres at 6700 W. Franklin Road in proposed R-2D (Combined Residential with Design Review) and L-OD (Limited Office with Design Review) zones be denied and that the decision of the Planning and Zoning Commission be upheld. BISTERFELDT, FORNEY, MAPP, TERTELING-PAYNE and WETHERELL. NAYS: MASON. Whisperwood Subdivision SUB request for Preliminary Plat was before Mayor and Council. Wayne Gibbs, Planning and Development Services, presented the staff report. Moved by WETHERELL and seconded by MAPP that Whisperwood Subdivision SUB Preliminary Plat be granted as requested

21 167 subject to conditions stated in staff report dated December 11, 2002 with the understanding that with regard to the 4.61 acres that that matter is being remanded for a more specific review by the Planning and Zoning Commission. the Mayor be authorized to sign and send the letter as proposed to the Ada County Highway District. There being no further business the meeting adjourned at 1:20 o'clock A.M. APPROVE: MAYOR ATTEST: CITY CLERK