BOISE, IDAHO OCTOBER 29, Council met in regular session Tuesday, October 29, 2002, Mayor BRENT COLES, presiding.

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1 37 BOISE, IDAHO Council met in regular session Tuesday, October 29, 2002, Mayor BRENT COLES, presiding. Roll call showed the following members present: Absent: BISTERFELDT. Invocation was given by Robert Mitchell, Bethel Ministries. Moved by FORNEY and seconded by MAPP that the minutes from the October 22, 2002, City Council Meeting be approved. Mayor COLES announced that this was the time and place set for the Fire Department Life Saving Award. Award. Marie Blanchard received the Fire Department Life Saving Mayor COLES announced that it was the time and place set for the reappointment of Mark Baltes to the Boise City Historic Preservation Commission to fill an expired three-year term to October 25, Moved by WETHERELL and seconded by FORNEY that the reappointment of Mark Baltes to the Boise City Historic Preservation Commission to fill an expired three-year term to October 25, 2005 be approved.

2 38 Mayor COLES announced that it was the time and place set for the reappointment of Bob R. Barnes and Rick Garrett to the Boise City Plumbing, Heating and Mechanical Board of Appeals to fill an expired two-year term to October 7, Moved by WETHERELL and seconded by TERTELING-PAYNE that the reappointment of Bob R. Barnes and Rick Garrett to the Boise City Plumbing, Heating and Mechanical Board of Appeals to fill an expired two-year term to October 7, 2004 be approved. Moved by TERTELING-PAYNE and seconded by WETHERELL to defer CAR /Rezone/Whisperwood L.L.C. and CUP /Appeals be rescheduled from December 10, 2002 to December 17, Moved by MAPP and seconded by FORNEY that the Boise City Checks No thru in the total amount of $3,761, as of October 23, 2002 be approved. The Bid Results for F/B : North Broadway Bridge Greenbelt Underpass Reconstruction were before Mayor and Council as enumerated in staff report dated October 14, RECOMMENDATION: The Purchasing Division concurs with Parks and Recreation in recommending that F/B : North Broadway Bridge Greenbelt Underpass Reconstruction be awarded to the lowest

3 39 responsive and responsible bidder, Hillside Nursery, Inc., in a total amount not to exceed $112,662. Moved by MAPP and seconded by FORNEY that the recommendations be followed and the bid be awarded to Hillside Nursery, Inc., in a total amount not to exceed $112,662. The Bid Results for F/B : Tree Pruning were before Mayor and Council as enumerated in staff report dated October 14, RECOMMENDATION: The Purchasing Division concurs with Parks and Recreation Department, Community Forestry Division in recommending that F/B : Tree Pruning be awarded to the low responsive and responsible bidders, Qualitree Inc as primary contractor and Done- Rite Tree Co. as secondary contractor, and a Task Order basis in a total aggregate amount not to exceed $40,000. Moved by MAPP and seconded by FORNEY that the recommendations be followed and the bid be awarded to Qualitree Inc as primary contractor and Done-Rite Tree Co. as secondary contractor, and a Task Order basis in a total aggregate amount not to exceed $40,000, subject to compliance with bonding and insurance requirements. The Bid Results for F/B : Tree Removal were before Mayor and Council as enumerated in staff report dated October 14, RECOMMENDATION: The Purchasing Division concurs with Parks and Recreation Department, Community Forestry Division in recommending that F/B : Tree Removal be awarded to the low responsive and responsible bidders, Done-Rite Tree Co. and Forest Management, in a total amount not to exceed $80,000.

4 40 Moved by MAPP and seconded by FORNEY that the recommendations be followed and the bid be awarded to Done-Rite Tree Co. and Forest Management, in a total amount not to exceed $80,000, subject to compliance with bonding and insurance requirements. Request for Approval of Sole Source and Approval of Boise City Purchasing Contract 03-CON-002: Boise City Softball League Umpire Services was before Mayor and Council as enumerated in staff report dated October 14, RECOMMENDATION: The Purchasing Division concurs with Boise Parks and Recreation in recommending that Approval of Sole Source and Approval of Boise City Purchasing Contract 03-CON-002: Boise City Softball League Umpire Services be granted to the Boise Softball Umpire Association, in a total contract amount not to exceed $160,000. Moved by MAPP and seconded by FORNEY that the recommendations be followed and the bid be awarded to Boise Softball Umpire Association, for a contract period beginning March 1, 2003 and ending November 1, 2006, in a total contract amount not to exceed $160,000. The Mayor's Budget Team requests the following recommendation be approved by Council. a) City Shop: Approval of the changes in City Shop rates to institute a new competitive oil change rate and to increase standard hourly rates to $60 per billable hour, with other rates as currently provided. Transfers will be made in FY 2003 budgets to hold departments harmless, within overall approved Fund budgets, from the rate changes. Monitoring of the Shop performance in

5 41 quarterly reports will be focused on performance toward the goal of achieving an annual "net zero" result. b) Parks and Recreation: Approval of City participation in planning for the State landscaping projects planned for the Orchard, Broadway, Vista and Gowen interchanges and preparation of a letter to the State indicating that the City will assume responsibility for maintenance after the projects are completed, if the City and the State can agree upon the appropriate design for the projects and if the funds are available within the City s budget at the time of completion. Moved by MAPP and seconded by FORNEY that the 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) Community Planning Association of Southwest Idaho Minutes, September 16, 2002 b) Mayor's Budget Team Minutes, October 9, 2002 c) Boise Public Library Board of Trustees Minutes, September 4, 2002 d) Boise Public Library Director's Report, October 9, 2002 e) Boise City Planning and Zoning Commission Minutes, October 7, 2002 Moved by MAPP and seconded by FORNEY that the minutes, reports and requests be received and directed filed in the office of the City Clerk as requested.

6 42 Proposed ordinance (O-72-02) by the Council: BISTERFELDT, Titled: AN ORDINANCE (CAR /BOISE CITY) ANNEXING A PARCEL FRAGMENT LOCATED AT 6330 N. PIERCE PARK LANE LOCATED 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-1A (SINGLE FAMILY RESIDENTIAL); DE-ANNEXING 874 SQ. FT. OF 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 second time. Proposed ordinance (O-73-02) by the Council: BISTERFELDT, Titled: AN ORDINANCE (CAR /KEITH WEEKS FOR PROPERTY LOCATED AT 1809 N. CLOVERDALE) 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 FINDINGS OF FACT IN SUPPORT OF SUCH ZONE CHANGE; AND PROVIDING AN EFFECTIVE DATE, was read for the first time. Proposed ordinance (O-74-02) by the Council: BISTERFELDT, Titled: AN ORDINANCE (CAR /HARRIS HOMES, LLC. FOR PROPERTY LOCATED AT W. USTICK 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 9.65 ACRES OF R-1C (SINGLE FAMILY RESIDENTIAL) AND.44 ACRES TO L-OD (LIMITED OFFICE WITH DESIGN REVIEW); SETTING FORTH FINDINGS OF FACT IN SUPPORT OF SUCH ZONE CHANGE; AND PROVIDING AN EFFECTIVE DATE, was read for the first time. Proposed ordinance (O-75-02) by the Council: BISTERFELDT,

7 43 Titled: AN ORDINANCE AMENDING TITLE 6, CHAPTER 7, SECTION 17 BOISE CITY CODE REGULATING DOGS BY INCREASING CERTAIN LICENSE FEES, BY REQUIRING PROOF OF RABIES VACCINATIONS FOR LICENSING, BY SPECIFYING LICENSING AGES, BY CREATING SECTION 17B OF TITLE 6, CHAPTER 7 BOISE CITY CODE REQUIRING A PERMIT FOR ALL NON-SPAYED OR NON-NEUTERED DOGS, AND BY CREATING SECTION 17G OF TITLE 6, CHAPTER 7 BOISE CITY CODE REGULATING SALE OR DONATION OF A DOG; AND AMENDING TITLE 6, CHAPTER 7, SECTION 22 BOISE CITY CODE BY REQUIRING RABIES VACCINATIONS FOR DOGS AND CATS; AND AMENDING TITLE 6, CHAPTER 7, SECTION 26 BOISE CITY CODE REGULATING IMPOUNDING FEES BY INCREASING CERTAIN FEES AND BY ADDING AN ADDITIONAL IMPOUND FEE FOR NON-SPAYED OR NON-NEUTERED DOGS; APPROVING A SUMMARY OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE, was read for the first time. Proposed resolution (R ) by the Council: BISTERFELDT, Titled: A RESOLUTION APPROVING A COMMERCIAL REAL ESTATE TRANSACTION BY AUTHORIZING THE MAYOR OF BOISE CITY TO PURCHASE PROPERTY WITH PARCEL NUMBER S ; PURCHASE SHALL BE FEDERALLY FUNDED AND UTILIZED FOR COMMUNITY DEVELOPMENT PURPOSES; AND PROVIDING AN EFFECTIVE DATE, was read in full. resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: BISTERFELDT, Titled: A RESOLUTION RECOMMENDING AND PRIORITIZING PROJECTS FOR THE TRANSPORTATION IMPROVEMENT PROGRAM TO THE COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO AND RECOMMENDING AND PRIORITIZING PROJECTS TO THE ADA COUNTY HIGHWAY DISTRICT FOR THE FIVE YEAR WORK PROGRAM ON BEHALF OF BOISE CITY; AUTHORIZING THE MAYOR OF BOISE TO EXECUTE AND DELIVER LETTERS TO THE COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO AND THE ADA

8 44 COUNTY HIGHWAY DISTRICT REFLECTING SUCH RECOMMENDATIONS AND PRIORITIZATIONS; AND PROVIDING AN EFFECTIVE DATE, was read in full. resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: BISTERFELDT, Titled: A RESOLUTION APPROVING A TEMPORARY ACCESS EASEMENT AGREEMENT BY AND BETWEEN THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT) AND LOUISE R. TRAUTMAN FOR THE PURPOSE OF ACCESSING AND DIGGING A TEST PIT FOR GEOLOGICAL ASSESSMENTS, SWS 063; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID TEMPORARY ACCESS EASEMENT AGREEMENT ON BEHALF OF BOISE CITY; AND PROVIDING AN EFFECTIVE DATE, was read in full. resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: BISTERFELDT, Titled: A RESOLUTION APPROVING A HOUSEHOLD AND CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR HAZARDOUS MATERIAL COLLECTION SERVICE AGREEMENT BY AND BETWEEN ADA COUNTY, THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT) AND TERIS LLC dba MSE ENVIRONMENTAL, INC. FOR THE PURPOSE OF PROVIDING HOUSEHOLD HAZARDOUS MATERIAL COLLECTION, PACKAGING, TRANSPORTATION, STORAGE, RECYCLING, TREATMENT AND DISPOSAL SERVICES; AUTHORIZING THE MAYOR AND CITY

9 45 CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF BOISE CITY; AND PROVIDING AN EFFECTIVE DATE, was read in full. resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: BISTERFELDT, Titled: A RESOLUTION APPROVING AN AMENDMENT TO AGREEMENT OF LEASE "A" BETWEEN BOISE CITY AND MARTIN-RICO 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. resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: BISTERFELDT, Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF BOISE, AN AGREEMENT FOR F/B A; TREE REMOVAL, PARKS AND RECREATION DEPARTMENT-COMMUNITY FORESTRY DIVISION, BETWEEN THE CITY OF BOISE AND QUALITREE, INC.; AND PROVIDING AN EFFECTIVE DATE, was read in full. resolution (R ) be adopted and that same be numbered Resolution

10 46 Proposed resolution (R ) by the Council: BISTERFELDT, Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF BOISE, AN AGREEMENT FOR F/B B; TREE REMOVAL, PARKS AND RECREATION DEPARTMENT-COMMUNITY FORESTRY DIVISION, BETWEEN THE CITY OF BOISE AND DONE-RITE TREE CO.; AND PROVIDING AN EFFECTIVE DATE, was read in full. resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: BISTERFELDT, Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF BOISE, AN AGREEMENT FOR F/B A; TREE PRUNING, PARKS AND RECREATION DEPARTMENT-COMMUNITY FORESTRY DIVISION, BETWEEN THE CITY OF BOISE AND DONE-RITE TREE CO.; AND PROVIDING AN EFFECTIVE DATE, was read in full. resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council:

11 47 BISTERFELDT, Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF BOISE, AN AGREEMENT FOR F/B B; TREE PRUNING, PARKS AND RECREATION DEPARTMENT-COMMUNITY FORESTRY DIVISION, BETWEEN THE CITY OF BOISE AND FOREST MANAGEMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full. resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: BISTERFELDT, Titled: A RESOLUTION APPROVING THE TRANSFER OF APPROPRIATION FROM THE SEWER FUND AND THE AIRPORT FUND TO THE DEBT SERVICE FUND FOR THE APPROVED BOND REFUNDINGS; AND PROVIDING AN EFFECTIVE DATE, was read in full. resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: BISTERFELDT, Titled: A RESOLUTION DECLARING BOISE SOFTBALL UMPIRES ASSOCIATION TO BE THE SOLE SOURCE PROVIDER FOR BOISE CITY SOFTBALL LEAGUE UMPIRE SERVICES, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF BOISE CITY, PARKS AND RECREATION DEPARTMENT, A CONTRACT FOR 02-CON-002, BETWEEN THE CITY OF BOISE

12 48 AND BOISE SOFTBALL UMPIRES ASSOCIATION; AND PROVIDING AN EFFECTIVE DATE, was read in full. resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: BISTERFELDT, Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF BOISE, AN AGREEMENT FOR F/B ; NORTH BROADWAY BRIDGE GREENBELT UNDERPASS RECONSTRUCTION, PARKS AND RECREATION DEPARTMENT, BETWEEN THE CITY OF BOISE AND HILLSIDE NURSERY, INC.; AND PROVIDING AN EFFECTIVE DATE, was read in full. resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: BISTERFELDT, Titled: A RESOLUTION AUTHORIZING THE REBUDGET OF CERTAIN FISCAL YEAR (FY 2002) EXPENDITURES INTO THE FISCAL YEAR (FY 2003) BUDGET; AUTHORIZING THE TRANSFER OF SUFFICIENT APPROPRIATION IN FY 2003 TO FUND THE REBUDGETED EXPENDITURES; AUTHORIZING DESIGNATION OF SUFFICIENT FY 2002 FUND BALANCE TO FUND THE REBUDGETED EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE, was read in full.

13 49 resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: BISTERFELDT, Titled: A RESOLUTION ENCUMBERING UNEXPENDED MONIES OF CERTAIN FUNDS APPROPRIATED FOR PARTICULAR PURPOSES, EXPENSES, AND LIABILITIES OF BOISE CITY FOR THE FISCAL YEAR OF 2002, FOR GENERAL AND SPECIAL MUNICIPAL AND CORPORATE PURPOSES; PROVIDING THAT ANY OTHER UNEXPENDED FUNDS REMAINING ON HAND SEPTEMBER 30, 2002 BE TRANSFERRED TO AND CLASSIFIED AS SURPLUS FOR THE PARTICULAR FUNDS FOR THE FISCAL YEAR OF 2002; AN PROVIDING AN EFFECTIVE DATE, was read in full. resolution (R ) 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. Dothan Subdivision SUB request for Preliminary Plat was before Mayor and Council. Wayne Gibbs, Planning and Development Services, presented the staff report. Moved by TERTELING-PAYNE and seconded by MAPP that Dothan Subdivision SUB Preliminary Plat be granted as requested

14 50 subject to conditions stated in staff report dated October 22, Mayor COLES left at 7:52 P.M., Council President WETHERELL presiding. Columbia Village No. 23 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 Columbia Village No. 23 SUB Final Plat be deferred to November 5, Council President WETHERELL announced that this was the time and place set for a public hearing on CAR /Boise City requested approval of an amendment to Title 11, Chapter 8 of the Zoning Ordinance to adopt the rules and procedures for annexations as approved by the 2002 Idaho State Legislature. Wayne Gibbs, Planning and Development Services, presented the staff report. issue. There was no one in the audience to testify on this Council President WETHERELL announced that the public hearing was closed. Moved by MAPP and seconded by FORNEY that CAR /Boise City requested approval of an amendment to Title 11, Chapter 8 of the Zoning Ordinance to adopt the rules and procedures

15 51 for annexations as approved by the 2002 Idaho State Legislature be approved. Council President WETHERELL 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. Wayne Gibbs, Planning and Development Services, presented the staff report. Stephanie White, 1127 Warm Springs; Theodore Berella, 245 S. Capitol Blvd, applicant representative; Larry Leasure, 255 S. Capitol Blvd; Keven Burnett, 250 S. 5 th Street, Downtown Boise Association; Shannon O Mahohh, 6528 Supply Way, Idaho Electric Signs; Pat Rice, 850 W. Front; Ed Pilkerton, 850 W. Front Street and Jeff Huber, th Street, addressed the Council in support of the Zoning Ordinance Amendment request. Andy Erstad, 848 Fulton Street; Mark Heath, 176 S. Capitol Blvd and Patty A. Miller, 611 Grove Street addressed the Council in opposition of the Zoning Ordinance Amendment request. Mayor COLES returned at 8:50 P.M. Mayor COLES announced that the public hearing was closed. Moved by FORNEY and seconded by MAPP that 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 be deferred to December 17, 2002 and direct staff to work with Design Review and come up with some design standards and to explore alternative for more specific ordinance language. Councilmember FORNEY withdrew motion.

16 52 Moved by WETHERELL and seconded by FORNEY that 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 be tabled as follows: 1) No action be taken tonight; 2) that the staff be directed to work with members of the Capitol City Development Corporation (CCDC), the applicant, representatives of the applicant, Downtown Business Association (DBA), members of the Capitol Boulevard Design Group and property owners in that area, with regard to the request to determine if there is a way that the request can be accommodated, either by an agreement with CCDC for utilization of the garage on Front Street or some other way so that the ordinance would not have to be amended and 3) that if the group determines that the request can not be accommodated without an amendment to the ordinance, that a specific amendment be brought back that has specific design criteria contained within it for consideration by the Council. There being no further business the meeting adjourned at 9:45 o'clock P.M. APPROVE: MAYOR ATTEST: CITY CLERK