BOISE, IDAHO MAY 27, Council met in regular session Tuesday, May 27, 2008, Mayor DAVID H. BIETER, presiding.

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1 124 BOISE, IDAHO Council met in regular session Tuesday, May 27, 2008, Mayor DAVID H. BIETER, presiding. Roll call showed the following members present: Moved by JORDAN and seconded by EBERLE that the minutes from the May 13, 2008, Boise City Council Work Session Meeting be approved. YEAS: CLEGG, JORDAN, SHEALY and TIBBS. ABSTAIN: BISTERFELDT and EBERLE. Moved by JORDAN and seconded by EBERLE that the minutes from the May 13, 2008, Boise City Council Meeting be approved. YEAS: CLEGG, JORDAN, SHEALY and TIBBS. ABSTAIN: BISTERFELDT and EBERLE. Mayor BIETER announced that it was the time and place set for the reappointment of John S. May to the Capital City Development Corporation for a five year term expiring October 16, Moved by SHEALY and seconded by EBERLE that the reappointment of John S. May to the Capital City Development Corporation for a five year term expiring October 16, 2012 be approved.

2 125 Mayor BIETER announced that this was the time and place set for the update on the Boise River Flow Levels. Rob Bousfield, Public Works Department, presented the update of the Boise River Flow Levels to the Council. Mayor BIETER announced that this was the time and place set for the discussion on the proposed changes to the Towing Ordinance, (O-33A-08). Jill Musser, Legal Department, updated the Council on the proposed changes to the Towing Ordinance, (O-33A-08). Mayor BIETER announced that this was the time and place set for the Review of the Citizen Advisory Committee Recommendations regarding the Proposed 2008 CDBG Awards. AnaMarie Kesling, Planning and Development Services Department, presented the Review of the Citizen Advisory Committee Recommendations regarding the Proposed 2008 CDBG Awards to the Council. Boise City Checks No thru in the total amount of $2,299, as of May 14, 2008 be approved. Boise City Checks No thru in the total amount of $3,217, as of May 21, 2008 be approved. The Bid Results for F/B : Aircraft Rescue and Fire Fighting Vehicle, Aviation Department were before Mayor and Council as enumerated in staff report dated May 16, RECOMMENDATION: The Department of Finance and Administration Division concurs with Aviation Department in

3 126 recommending that F/B : Aircraft Rescue and Fire Fighting Vehicle be awarded to the lowest responsive and responsible bidder, Oshkosh Corporation, in a total amount not to exceed $937, recommendations be followed and the bid be awarded to Oshkosh Corporation in the total contract amount of $937,214.00, subject to compliance with bonding and insurance requirements. The Bid Results for F/B : West Branch Library, Public Works Department were before Mayor and Council as enumerated in staff report dated May 15, RECOMMENDATION: The Department of Finance and Administration Division concurs with Boise Public Library in recommending that F/B : West Branch Library be awarded to the lowest responsive and responsible bidder, Petra Inc., in a total amount not to exceed $3,387,000. Moved by EBERLE and seconded by JORDAN that that F/B : West Branch Library be awarded to the lowest responsive and responsible bidder, Petra Inc., in a total amount not to exceed $3,387,000, subject to compliance with bonding and insurance requirements. The Bid Results for RFP : Professional Security Services, Public Works Department were before Mayor and Council as enumerated in staff report dated May 23, RECOMMENDATION: The Department of Finance and Administration Division concurs with Public Works Department in recommending that RFP : Professional Security Services be awarded to the lowest responsive and responsible bidder, Securitas Security Services USA, Inc., in a total amount not to exceed $150,000.

4 127 recommendations be followed and that RFP : Professional Security Services be awarded to the lowest responsive and responsible bidder, Securitas Security Services USA, Inc., in a total amount not to exceed $150,000, subject to compliance with bonding and insurance requirements. The Bid Results for RFP : Custom Harvesting Services, Public Works Department were before Mayor and Council as enumerated in staff report dated May 14, RECOMMENDATION: The Department of Finance and Administration Division concurs with Public works Department in recommending that RFP : Custom Harvesting Services be awarded to the lowest responsive and responsible bidder, Ron Cleverly Farms, in a total amount not to exceed $60,000. recommendations be followed and that RFP : Custom Harvesting Services be awarded to the lowest responsive and responsible bidder, Ron Cleverly Farms, in a total amount not to exceed $60,000. The Bid Results for IFB : BMW Police Motorcycles, Police Department were before Mayor and Council as enumerated in staff report dated May 5, RECOMMENDATION: The Department of Finance and Administration Division concurs with Department of Finance and Administration in recommending that IFB be awarded to the lowest responsive and responsible bidder, Beaudry Motor Sports, in a total amount not to exceed $108, recommendations be followed and that IFB be awarded to the lowest responsive and responsible bidder, Beaudry Motor Sports, in a total amount not to exceed $108,

5 128 The City Clerk requested the following claims(s) be acknowledged and referred to the office of the Treasurer: a) Dustin Salkield, Personal Injury b) Kevin Troutt, Property Damage c) North End Neighborhood Association (NENA), Property Damage claim(s) be acknowledged and referred to the office of the Treasurer as requested. The City Clerk requested July 15, 2008, in Council Chambers be confirmed for a public hearing on: a) CAR /Annexation/Lumber Products requests approval of an annexation of +/ acres located at 2574 S. Beverly Street and South Fry Street with a zoning designation of M-1D4 (Limited Industrial with Design Review) b) CUP /Appeal/Barbara Robinson is appealing the Planning and Zoning Commission approval of a conditional use permit for the installation of a wireless communication facility that includes a +/- 75 foot monopole on property located at 1502 S. Broadway Avenue in a C-2D (General Commercial with Design Review) zone Moved by EBERLE and seconded by JORDAN that July 15, 2008 in Council Chambers be confirmed as requested.

6 129 The City Clerk requested the Council to adopt the following reports of the hearing examiner: a) Wendy Lesperance, Revocation of Child Care License hearing examiner reports be adopted as requested. The Arts and History Department requested the following art projects be approved by Council: a) Department of Arts and History: 1) Geothermal Art Medallion Design and 2) Artist Selection for West Boise Library Branch art projects 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) Parks and Recreation Commissioners Minutes, April 17, 2008 b) Employee Advisory Committee Minutes, April 16, 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:

7 130 Titled: A RESOLUTION VACATING A PRIVATE SANITARY SEWER EASEMENT AND PLAT NOTE LOCATED ALONG THE NORTHEASTERLY PROPERTY LINE OF LOTS 5 AND 6, BLOCK 1, OF BONAVENTURE RIM SUBDIVISION; VACATING THE CROSS ACCESS EASEMENT AND PLAT NOTE FOR CROSS ACCESS EASEMENTS LOCATED ALONG THE NORTHEASTERLY SIDE OF LOTS 5 AND 6, BLOCK 1, AND THE SOUTHWESTERLY SIDES OF LOTS 1 AND 2, BLOCK 1, OF BONAVENTURE RIM SUBDIVISION, AS RECORDED WITH THE ADA COUNTY RECORDER IN BOOK 94 OF PLATS AT PAGE 11541, AND LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF CHINDEN BOULEVARD AND FIVE MILE ROAD, 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 GRANTING, APPROVING AND ACCEPTING PERPETUAL AND PATHWAY EASEMENTS BETWEEN AND AMONG THE CITY OF BOISE CITY, BY AND THROUGH ITS DEPARTMENT OF PARKS AND RECREATION, BARBER MILL INVESTMENTS, LLC AND ADA COUNTY HIGHWAY DISTRICT ( ACHD ), 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 EASEMENT AND RIGHT-OF-WAY AGREEMENT, BY AND BETWEEN IDAHO POWER COMPANY, AND THE CITY

8 131 OF BOISE CITY, BY AND THROUGH ITS DEPARTMENT OF PUBLIC WORKS, SUFFICIENT IN WIDTH TO INSTALL AND MAINTAIN AN UNDERGROUND ELECTRIC POWER LINE AND RELATED FACILITIES AT THE TO BE CONSTRUCTED WEST BOISE BRANCH LIBRARY ON USTICK NEAR COLE ROAD IN THE CITY OF BOISE, ADA COUNTY, IDAHO; 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 APPROVING A FIRST ADDENDUM TO THE COMMERCIAL LEASE AGREEMENT BETWEEN THE CITY OF BOISE CITY AND APTA, INC., D/B/A THE BOISE TOUR TRAIN, TO AMEND THE RENT PAYMENT SCHEDULE; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID FIRST 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 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 NEW WATER/FOAM/DRY CHEMICAL 3000 GALLON AIRCRAFT RESCUE AND FIRE FIGHTING VEHICLE; AVIATION DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND OSHKOSH CORPORATION, AND PROVIDING AN EFFECTIVE DATE, was read in full.

9 132 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 FB WEST BRANCH LIBRARY PWE-608, PUBLIC WORKS DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND PETRA 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 AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF BOISE CITY, AN AGREEMENT FOR RFP CUSTOM HARVESTING SERVICES 20 MILE SOUTH FARM, PUBLIC WORKS DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND RON CLEVERLY FARMS; 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:

10 133 Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF BOISE CITY, AN AGREEMENT FOR RFP PROFESSIONAL SECURITY SERVICES FOR WEST BOISE WASTEWATER TREATMENT FACILITY, PUBLIC WORKS DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND SECURITAS SECURITY SERVICES USA, 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 AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF BOISE CITY, CHANGE ORDER NUMBER 1 RFP C; ENGINEERING SERVICES, AVIATION DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND W&H PACIFIC; 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 GRANT AGREEMENT BY AND BETWEEN THE CITY OF BOISE CITY (AIRPORT) AND THE UNITED STATES FEDERAL AVIATION ADMINISTRATION ACCEPTING A GRANT OFFER TO PROVIDE FUNDS FOR AIRPORT PROJECT NO ; AUTHORIZING THE MAYOR TO EXECUTE AND ATTEST SAID GRNAT AGREEMENT ON BEHALF OF BOISE CITY; AND PROVIDING AN EFFECTIVE DATE, was read in full.

11 134 proposed resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: Titled: A RESOLUTION IN HONOR OF THE LIFE AND CONTRIBUTIONS OF J.R. SIMPLOT; 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-36-08) by the Council: Titled: AN ORDINANCE AMENDING TITLE 12, CHAPTER 19, SECTION 10, BOISE CITY CODE TO: ADD TWO SPACES TO THE EXISTING TAXICAB PARKING AREA OPERATION AT THE BOISE AIRPORT (DEPARTMENT OF AVIATION); PROVIDE THE AIRPORT DIRECTOR WITH FLEXIBILITY TO DESIGNATE OR REMOVE PASSENGER LOADING AREAS, BY DESIGNATION OR BY AIRPORT RULES AND REGULATIONS; PROVIDE THAT TAXI WILL-CALL SPACES MAY BE PROVIDED AT THE SOLE DISCRETION OF THE AIRPORT DIRECTOR; APPROVING A SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE, was read for the first time.

12 135 Proposed ordinance (O-37-08) by the Council: Titled: AN ORDINANCE (CAR /KEITH SIGLER FOR PROPERTY LOCATED AT 1508 & 1550 S. 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 R-1A (SINGLE FAMILY RESIDENTIAL) TO C-1D/DA (NEIGHBORHOOD COMMERCIAL WITH DESIGN REVIEW AND A DEVELOPMENT AGREEMENT); 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-35-08) by the Council: Titled: OF AN ORDINANCE (CAR /BOISE CITY FOR PROPERTY LOCATED AT 7350 EISENMAN 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. Moved by EBERLE and seconded by JORDAN that further reading of (O-34-08) be dispensed with and the record show that it has been read the third time in full. Proposed ordinance (O-34-08) by the Council:

13 136 Titled: AN ORDINANCE (CAR /RANDALL GILLINGHAM FOR PROPERTY LOCATED AT S. EISENMAN 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-2D (GENERAL 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 third time. proposed ordinance (O-34-08) be passed and that the same be numbered Ordinance Mayor BIETER announced that this was the time and place set for the Review of the June Budget Workshop Agenda. Jade Riley, Office of the Mayor, presented the Review of the June Budget Workshop Agenda to the Council. Moved by EBERLE and seconded by JORDAN to move into Executive Session in accordance with Idaho Code (1)(c)(d)(f) for the purposes of discussing pending/potential litigation, documents exempt from disclosure, land acquisition and labor negotiations. Moved by EBERLE and seconded by JORDAN to move into the regularly scheduled Council meeting.

14 137 There being no further business the meeting adjourned at 2:43 o'clock P.M. APPROVE: MAYOR ATTEST: CITY CLERK