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41 BOISE, IDAHO Council met in regular session Tuesday, January 13, 2004, Mayor DAVID H. BIETER, presiding. Roll call showed the following members present: Invocation was given by VERN BISTERFELDT, Councilmember. Mayor BIETER requested that the Council sign a letter to the Ada County Highway District regarding funding for sidewalks. Councilmember MAPP requested unanimous consent that the request be placed as item 10G on tonight's Council agenda. Unanimous consent was granted. Mayor BIETER announced that it was the time and place set for the appointment of Mayoral Appointees for three Assistants to the Mayor: Jade Riley, Michael Zuzel and Theresa McLeod. appointment of Mayoral Appointees for three Assistants to the Mayor: Jade Riley, Michael Zuzel and Theresa McLeod be approved under the existing City Code. minutes from the January 6, 2004, City Council Meeting be approved.

42 Boise City Checks No. 147776 thru 148186 in the total amount of $1,312,369.33 as of January 7, 2004 be approved. The Bid Results for F/B 04-036: New, Unused Panasonic CF28 or Newer Toughbook Type Laptop Computers were before Mayor and Council as enumerated in staff report dated December 29, 2003. RECOMMENDATION: The Purchasing Division concurs with the Police Department in recommending that F/B 04-036: New, Unused Panasonic CF28 or Newer Toughbook Type Laptop Computers be awarded to the lowest responsive and responsible bidder, Portable Computer Systems, Inc., in a total amount not to exceed $105850. recommendations be followed and the bid be awarded to Portable Computer Systems, Inc., in a total amount not to exceed $105850. Request for Approval of Sole Source Purchase; Approval of Boise City Contract 04-CON-042: Purchase of Golfing Merchandise for Resale were before Mayor and Council as enumerated in staff report dated December 24, 2003. RECOMMENDATION: The Purchasing Division concurs with Parks in recommending that Approval of Sole Source Purchase; Approval of Boise City Contract 04-CON-042: Purchase of Golfing Merchandise for Resale be awarded to Titleist, in a total amount not to exceed $102,000. recommendations be followed and the bid be awarded to Titleist, in a total amount not to exceed $102,000.

43 Request for Ratification and Confirmation of an Emergency, Award of Bid; Approval of Contract, F/B 04-044: Clear Creek Drive Sewer Emergency was before Mayor and Council as enumerated in staff report dated December 19, 2003. RECOMMENDATION: The Purchasing Division concurs with Public Works in recommending that F/B 04-044: Clear Creek Drive Sewer Emergency be awarded to the lowest responsive and responsible bidder, Bodiford Construction, in a total amount not to exceed $34,701. recommendations be followed and the bid be awarded to Bodiford Construction, in a total amount not to exceed $34,701. The Bid Results for F/B 04-040: New, Unused 2004 Police Patrol Vehicles were before Mayor and Council as enumerated in staff report dated December 19, 2003. RECOMMENDATION: The Purchasing Division concurs with the Police Department in recommending that F/B 04-040: New, Unused 2004 Police Patrol Vehicles be awarded to the lowest responsive and responsible bidder, Meridian Ford Sales, in a total amount not to exceed $293,412. recommendations be followed and the bid be awarded to Meridian Ford Sales, in a total amount not to exceed $293,412.

44 The Bid Results for F/B 04-035: One Baler and Two Windrowers for South Boise Farm were before Mayor and Council as enumerated in staff report dated December 24, 2003. RECOMMENDATION: The Purchasing Division concurs with Public Works Department in recommending that F/B 04-035: One Baler and Two Windrowers for South Boise Farm be awarded to the lowest responsive and responsible bidder, Mountain View Equipment, in the amount of $172,050. recommendations be followed and the bid be awarded to Mountain View Equipment, in the amount of $172,050. Request for Authorization to Procure Vehicles as Needed from the State of Idaho Annual Vehicle Contracts, SPBO Numbers 1162, 1163, 1164, 1165 and 1169, Purchasing Contract 04-CON-039 was before Mayor and Council as enumerated in staff report dated December 21, 2003. RECOMMENDATION: The Purchasing Department recommends that approval be granted to buy vehicles as needed from the State of Idaho Vehicle Contracts for indefinite quantities, SPBO Numbers 1162, 1163, 1164, 1165 and 1169, Purchasing Contract 04-CON-039. recommendations be followed and the vehicles be purchased as needed from the State of Idaho Vehicle Contracts for indefinite quantities, SPBO Numbers 1162, 1163, 1164, 1165 and 1169, Purchasing Contract 04-CON-039. The City Clerk requested the following claims(s) be acknowledged and referred to the office of the Treasurer: a) Greg Ramey, Property Damage b) Brenda S. Baumann, Personal Injury c) Qwest Claim No. 265817, Property Damage

45 claim(s) be acknowledged and referred to the office of the Treasurer as requested. The City Clerk requested March 2, 2004, in Council Chambers be confirmed for a public hearing on: a) CAA03-00289/Appeal/Dave Schmitt is appealing the Planning Division's determination that he is in violation of city code by living in a tent with a stove in the rear yard located at 1230 S. Cloverdale Road in an R-1C (Single Family Residential) zone. Moved by MAPP and seconded by JORDAN that March 2, 2004 in Council Chambers be confirmed as requested. The City Clerk requested March 9, 2004, in Council Chambers be confirmed for a public hearing on: a) CAR03-00050/William Lish/Astrolawn of Idaho requests approval of a zoning ordinance amendment to change the definition of Landscaping in Sections 9-20-03, 11-1-03, and 11-10-04 to include synthetic turf and other non vegetative ground cover. Moved by MAPP and seconded by JORDAN that March 9, 2004 in Council Chambers be confirmed as requested.

46 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, October 2, October 29 and November 17, 2003 b) Development Impact Fee Advisory Committee Minutes, December 1, 2003 c) Boise Public Library Director's Report, December 3, 2003 d) Boise Public Library Board of Trustees Minutes, November 5, 2003 e) Boise City Design Review Committee Minutes, October 8, 2003 f) City of Boise Parking Fund (Grove Street), Statement of Net Assets, November 30, 2003 g) Boise City Historic Preservation Commission Minutes, October 30, 2003 minutes, reports and requests be received and directed filed in the office of the City Clerk as requested. Proposed ordinance (O-92-03) by the Council: Titled: AN ORDINANCE (CAR03-00033/GREENSTAR FOODS) FOR PROPERTY LOCATED AT 1609 S. ENTERTAINMENT AVENUE 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 C-1D (NEIGHBORHOOD COMMERCIAL 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 A SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE, was read for the third time. proposed ordinance (O-92-03) be passed and that the same be numbered Ordinance 6295.

47 Proposed ordinance (O-93-03) by the Council: Titled: AN ORDINANCE AMENDING THE SOLID WASTE FRANCHISE AGREEMENT BY AND BETWEEN THE CITY OF BOISE AND BFI WASTE SYSTEMS OF NORTH AMERICA, INC. TO INCLUDE AN UPDATED RATE SCHEDULE FOR REIMBURSEMENT TO BFI WASTE SYSTEMS FOR SOLID WASTE COLLECTIONS AND DISPOSAL SERVICES; APPROVING A FIRST AMENDMENT TO THE AGREEMENT REDUCING AND REQUIRED PERFORMANCE BOND AMOUNT AND PROVIDING FOR CITY USE OF BFI EQUIPMENT AND FACILITIES; REPEALING THE PRIOR BFI REIMBURSEMENT RATE SCHEDULES ESTABLISHED BY ORDINANCE NO. 6199; AND PROVIDING AN EFFECTIVE DATE, was read for the second time. Proposed ordinance (O-94-03) by the Council: Titled: AN ORDINANCE (CAR03-00016-DA/VHJZ, LLC. FOR PROPERTY LOCATED AT 12151 W. FRANKLIN 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 (NEIGHBORHOOD COMMERCIAL WITH DESIGN REVIEW) AND L-OD (LIMITED OFFICE WITH DESIGN REVIEW) WITH A DEVELOPMENT AGREEMENT; SETTING FORTH FINDINGS OF FACT IN SUPPORT OF SUCH ZONE CHANGE; AND PROVIDING AN EFFECTIVE DATE, was read for the second time. Proposed ordinance (O-1-04) by the Council: Titled: AN ORDINANCE (CAR97-00024/TEALEY'S LAND SURVEYING FOR PROPERTY LOCATED AT 5904 W. STATE 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 R-2D (COMBINED RESIDENTIAL WITH DESIGN REVIEW) TO L-OD (LIMITED OFFICE WITH DESIGN REVIEW) AND C-1D (NEIGHBORHOOD COMMERCIAL WITH DESIGN REVIEW); SETTING FORTH FINDINGS OF FACT IN SUPPORT OF SUCH

48 ZONE CHANGE; AND PROVIDING AN EFFECTIVE DATE, was read for the first time. Proposed ordinance (O-2A-04) by the Council: Titled: AN ORDINANCE AMENDING TITLE 1, CHAPTER 1, SECTION 4, BOISE CITY CODE TO PROVIDE THAT ALL POSITIONS, INCLUDING CLERICAL, IN THE MAYOR'S OFFICE SHALL BE APPOINTED AND SERVE AT THE WILL OF THE MAYOR AND COUNCIL; CHANGING TITLES OF CERTAIN POSITIONS; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE, was read for the first time. Proposed ordinance (O-3-04) by the Council: Titled: AN ORDINANCE AMENDING TITLE 1, CHAPTER 1, SECTION 2, BOISE CITY CODE CHANGING THE TITLE OF ADMINISTRATIVE ASSISTANT TO THE MAYOR AND COUNCIL; PROVIDING FOR TWO (2) ADDITIONAL POSITIONS AS ASSISTANTS TO THE MAYOR AND COUNCIL; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE, was read for the first time. Proposed ordinance (O-4-04) by the Council: Titled: AN ORDINANCE AMENDING TITLE 1, CHAPTER 1, SECTION 3, BOISE CITY CODE AMENDING THE DUTIES OF THE ASSISTANTS TO THE MAYOR AND COUNCIL; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE, was read for the first time. Proposed resolution (R-1A-04) by the Council: Titled: A RESOLUTION APPROVING A HOUSING REFINANCE AND REHABILITATION LOAN FOR LISA MCMILLIN, FOR REAL PROPERTY LOCATED AT 1007 N. 15 TH STREET; THROUGH THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full.

49 proposed resolution (R-1A-04) be adopted and that same be numbered Resolution 17974. Proposed resolution (R-2-04) by the Council: Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF BOISE CITY, AN EMERGENCY AGREEMENT FOR F/B 04-044; CLEAR CREEK DRIVE SEWER EMERGENCY, PUBLIC WORKS DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND BODIFORD CONSTRUCTION; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-2-04) be adopted and that same be numbered Resolution 17975. Proposed resolution (R-3-04) by the Council: Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF BOISE CITY, A RENEWAL OF RFP 03-016C; STRUCTURAL PLAN CHECK SERVICES, PLANNING AND DEVELOPMENT SERVICES, BETWEEN THE CITY OF BOISE AND STAPLEY ENGINEERING; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-3-04) be adopted and that same be numbered Resolution 17976.

50 Proposed resolution (R-4-04) by the Council: Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF BOISE CITY, A RENEWAL OF RFP 03-016B; STRUCTURAL PLAN CHECK SERVICES, PLANNING AND DEVELOPMENT SERVICES, BETWEEN THE CITY OF BOISE AND AHJ ENGINEERING; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-4-04) be adopted and that same be numbered Resolution 17977. Proposed resolution (R-5-04) by the Council: Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF BOISE CITY, A RENEWAL FOR RFP 03-016A; STRUCTURAL PLAN CHECK SERVICES, PLANNING AND DEVELOPMENT SERVICES, BETWEEN THE CITY OF BOISE AND CH2M HILL; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-5-04) be adopted and that same be numbered Resolution 17978. Proposed resolution (R-6-04) by the Council: Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF BOISE CITY, A RENEWAL OF F/B 03-019; ULTRA VIOLET LAMPS, PUBLIC WORKS DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND GREG ELLNER ASSOCIATES; AND PROVIDING AN EFFECTIVE DATE, was read in full.

51 proposed resolution (R-6-04) be adopted and that same be numbered Resolution 17979. Proposed resolution (R-7-04) 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 11 TO F/B 01-007; TERMINAL AREA ELEVATED ROADWAY PROJECT, AVIATION AND PUBLIC TRANSPORTATION DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND THE MCALVAIN CONSTRUCTION, INC.; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-7-04) be adopted and that same be numbered Resolution 17980. Proposed resolution (R-8-04) by the Council: Titled: A RESOLUTION APPROVING AN EASEMENT AGREEMENT BETWEEN BOISE CITY (DEPARTMENT OF AVIATION AND PUBLIC TRANSPORTATION) AND QWEST CORPORATION FOR A PERPETUAL NON- EXCLUSIVE EASEMENT ON PROPERTY LOCATED UPON AND WITHIN 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-8-04) be adopted and that same be numbered Resolution 17981.

52 Proposed resolution (R-9-04) by the Council: Titled: A RESOLUTION ACCEPTING THE GRANT OF A SANITARY SEWER EASEMENT FROM WILD SHAMROCK LLP TO THE CITY OF BOISE CITY FOR CONSTRUCTION OF CITY SEWER PROJECT SWS-063; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-9-04) be adopted and that same be numbered Resolution 17982. Proposed resolution (R-10-04) by the Council: Titled: A RESOLUTION ACCEPTING THE GRANT OF A SANITARY SEWER EASEMENT FROM REBURN C. AND BILLYE J. MCCLURE TO THE CITY OF BOISE CITY FOR CONSTRUCTION OF CITY SEWER PROJECT SWS-063; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-10-04) be adopted and that same be numbered Resolution 17983. Proposed resolution (R-11-04) by the Council: Titled: A RESOLUTION ACCEPTING THE GRANT OF A SANITARY SEWER EASEMENT FROM BILMAR, INC. TO THE CITY OF BOISE CITY FOR CONSTRUCTION OF CITY SEWER PROJECT SWS-063; AND PROVIDING AN EFFECTIVE DATE, was read in full.

53 proposed resolution (R-11-04) be adopted and that same be numbered Resolution 17984. Proposed resolution (R-12-04) by the Council: Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF BOISE, RENEWAL 11 FOR BOISE CITY RFP 89-013/03-CON-023; EMPLOYEE WELLNESS PROGRAM, DIVISION OF FINANCIAL MANAGEMENT (DFM), BETWEEN THE CITY OF BOISE AND THE BOISE Y.M.C.A.; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-12-04) be adopted and that same be numbered Resolution 17985. Proposed resolution (R-20-04) by the Council: Titled: A RESOLUTION APPOINTING BOARD MEMBERS AND ALTERNATE BOARD MEMBERS TO THE TREASURE VALLEY'S REGIONAL PUBLIC TRANSPORTATION AUTHORITY, VALLEYRIDE; EMPOWERING AND AUTHORIZING APPOINTEES TO ACT IN THE BEST INTERESTS OF BOISE CITY; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-20-04) be adopted and that same be numbered Resolution 17986.

54 Councilmember MAPP requested unanimous consent to move to New Business, items 10A thru 10D on tonight's Council agenda. Unanimous consent was granted. McKinney Subdivision SUB01-00089 request for Time Extension for Filing Final Plat was before Mayor and Council. Wayne Gibbs, Planning and Development Services, presented the staff report. Moved by MAPP and seconded by JORDAN that McKinney Subdivision SUB01-00089 Time Extension for Filing Final Plat be granted as requested subject to conditions stated in staff report dated January 7, 2004. YEAS: Nativa Terra Subdivision SOS03-00027 request for Vacation of Public Utilities, Drainage and Irrigation Easements was before Mayor and Council. Wayne Gibbs, Planning and Development Services, presented the staff report. Moved by MAPP and seconded by JORDAN that Nativa Terra Subdivision SOS03-00027 Vacation of Public Utilities, Drainage and Irrigation Easements be granted as requested subject to conditions stated in staff report dated January 7, 2004. YEAS: Broadway Place Subdivision SOS03-00029 request for Vacation of Public Utility Easement was before Mayor and Council. Wayne Gibbs, Planning and Development Services, presented the staff report.

55 Moved by MAPP and seconded by JORDAN that Broadway Place Subdivision SOS03-00029 Vacation of Public Utility Easement be granted as requested subject to conditions stated in staff report dated January 7, 2004. YEAS: Boulder Heights Estates Subdivision SUB02-00030, Boise City request for Final Plat was before Mayor and Council. Wayne Gibbs, Planning and Development Services, presented the staff report. Moved by MAPP and seconded by JORDAN that Boulder Heights Estates Subdivision SUB02-00030 Final Plat, Boise City be granted as requested subject to conditions stated in staff report dated January 7, 2004. YEAS: Councilmember MAPP requested unanimous consent to move to Unfinished Business, item 9A, on tonight's Council agenda. Unanimous consent was granted. Mayor BIETER announced that this was the time and place set for a public hearing on CAR03-00041/Rezone/Schreiber Executive Services request for approval of a rezone of 1.30 acres located at 11680 W. Chinden Boulevard from R-1A (Single Family Residential) to L-OD (Limited Office with Design Review). Wayne Gibbs, Planning and Development Services, presented the staff report. Shawn Nichol, 52 N. 2 nd Street, Eagle, applicant representative, addressed the Council in support of the rezone.

56 closed. Mayor BIETER announced that the public hearing was Moved by MAPP and seconded by JORDAN that CAR03-00041/Rezone/Schreiber Executive Services request for approval of a rezone of 1.30 acres located at 11680 W. Chinden Boulevard from R-1A (Single Family Residential) to L-OD (Limited Office with Design Review) be approved. Mayor BIETER announced that this was the time and place set for a public hearing on CAR03-00022/Boise City request for a zoning ordinance amendment to Boise City Code Section 11-04-06.09 Table 3, Section 11-06-04.13 and Section 11-06-06.05 to allow drive-up windows in the C-5 (Central Business District) zone upon issuance of a conditional use permit. Wayne Gibbs, Planning and Development Services, presented the staff report. Teresa Sobotka, Legal, answered the Council's questions. Mike Hall, Capitol City Development Corporation representative, 805 W. Idaho, Suite 403, addressed the Council in support of the amendment. closed. Mayor BIETER announced that the public hearing was Moved by MAPP and seconded by JORDAN that CAR03-00022/Boise City request for a zoning ordinance amendment to Boise City Code Section 11-04-06.09 Table 3, Section 11-06- 04.13 and Section 11-06-06.05 to allow drive-up windows in the C-5 (Central Business District) zone upon issuance of a conditional use permit be approved and that the air quality issues be brought back to the Council. Substitute motion by JORDAN and seconded by CLEGG that CAR03-00022/Boise City request for a zoning ordinance amendment to Boise City Code Section 11-04-06.09 Table 3, Section 11-06-04.13 and Section 11-06-06.05 to allow driveup windows in the C-5 (Central Business District) zone upon issuance of a conditional use permit be deferred, until such time, that air quality issues can be addressed in a zoning

57 code application change, that will allow us the ability to facilitate this request, meet these concerns and not have that in between time where there would be a rush of applications before the criteria is established. Roll call on the substitute motion resulted as follows: YEAS: BISTERFELDT, CLEGG, EBERLE, JORDAN, MAPP and SHEALY. Mayor BIETER announced that this was the time and place set for a public hearing on CAR03-00044/Boise City request for approval of amendment to the Boise City Zoning Code, Chapters 1, 3, 4, 5, 6, 9, 10 and 14, regarding, but not limited to, changing, adding or deleting definitions, clarifying, revising and adding various requirements and correcting miscellaneous errors. Wayne Gibbs, Planning and Development Services, presented the staff report. There was no one in the audience to testify on this issue. closed. Mayor BIETER announced that the public hearing was Moved by JORDAN and seconded by MAPP that CAR03-00044/Boise City request for approval of amendment to the Boise City Zoning Code, Chapters 1, 3, 4, 5, 6, 9, 10 and 14, regarding, but not limited to, changing, adding or deleting definitions, clarifying, revising and adding various requirements and correcting miscellaneous errors be approved. Mayor BIETER announced that this was the time and place set for a public hearing on CAR03-00043/Rezone/G. Lucile Fretwell, Trustee of the Elbert W. & G. Lucile Fretwell Trust request for approval of a rezone of.29 acres from R-1C (Single Family Residential) to L-OD (Limited Office with Design Review) at 2718 W. Lemp Street.

58 Wayne Gibbs, Planning and Development Services, presented the staff report. Phil Stanton, 2637 Ellis, addressed the Council in opposition to the rezone. closed. Mayor BIETER announced that the public hearing was Moved by MAPP and seconded by JORDAN that CAR03-00043/Rezone/G. Lucile Fretwell, Trustee of the Elbert W. & G. Lucile Fretwell Trust request for approval of a rezone of.29 acres from R-1C (Single Family Residential) to L-OD (Limited Office with Design Review) at 2718 W. Lemp Street be denied. Mayor BIETER announced that this was the time and place set for a public hearing on CAR03-00042/Original South Boise Neighborhood Association request for approval of an amendment to the Boise City Comprehensive Plan to adopt the Original South Boise Neighborhood Plan for 33 blocks, approximately 98.3 acres of property, bounded by Broadway Avenue, Beacon Street and Boise Avenue. They also request an amendment to Chapter 2 of the Comprehensive Plan. Specifically, they are requesting the deletion of Policy 11 in Section 2.16, Higher Education, Objective no. 1, that encourages multi-family housing within the Old South Boise Neighborhood boundaries. Lance Evans and Hal Simmons, Planning and Development Services, presented the staff report. Teresa Sobotka, Legal, answered the Council's questions. Fred Fritchman, 1321 Denver, addressed the Council in support of the amendment. closed. Mayor BIETER announced that the public hearing was Moved by MAPP and seconded by SHEALY that CAR03-00042/Original South Boise Neighborhood Association request for approval of an amendment to the Boise City Comprehensive Plan to adopt the Original South Boise Neighborhood Plan for

59 33 blocks, approximately 98.3 acres of property, bounded by Broadway Avenue, Beacon Street and Boise Avenue and the amendment to Chapter 2 of the Comprehensive Plan by the deletion of Policy 11 in Section 2.16, Higher Education, Objective no. 1, that encourages multi-family housing within the Old South Boise Neighborhood boundaries be approved with the red line correction as stated on January 13, 2004 and the action chart. RECESS: RECONVENE: 9:55 P.M. 10:00 P.M. Sequoia Ridge Subdivision SUB03-00076 Ada County request for Preliminary Plat was before Mayor and Council. Wayne Gibbs, Planning and Development Services, presented the staff report. Dave Miller, Fire Department, answered the Council's questions. Kent Brown, 1800 Overland, applicant representative, addressed the Council in support of the subdivision. Joan Mattox, 8300 Gantz, Cloverdale Columbia Neighborhood Association representative, addressed the Council in regards to their concerns with the subdivision. Moved by SHEALY and seconded by MAPP that Sequoia Ridge Subdivision SUB03-00076 Preliminary Plat, Ada County be referred to Ada County as requested subject to conditions stated in staff report dated January 7, 2003 with the deletion of the recommendation that the Cunningham Lateral be left open and that Ada County get a specific statement on attendance capability for the neighboring schools. YEAS: BISTERFELDT, EBERLE, JORDAN, MAPP and SHEALY. NAYS: CLEGG.

60 Huntwood Subdivision SUB03-00077, Ada County request for Preliminary Plat was before Mayor and Council. Wayne Gibbs, Planning and Development Services, presented the staff report. Kevin Amar, 114 E. Idaho, Suite 230, Meridian, applicant representative, addressed the Council in support of the subdivision. Moved by JORDAN and seconded by MAPP that Huntwood Subdivision SUB03-00077 Preliminary Plat, Ada County be recommended as requested subject to conditions stated in staff report dated January 7, 2004 with the addition that Ada County get a specific statement on attendance capability for the neighboring schools. YEAS: BISTERFELDT, EBERLE, JORDAN, MAPP and SHEALY. NAYS: CLEGG. Mayor BIETER announced it was the time and place for the letter to the Ada County Highway District regarding funding for sidewalks. Councilmember MAPP requested unanimous consent that the Mayor be directed to sign the letter to the Ada County Highway District regarding funding for sidewalks. Unanimous consent was granted. There being no further business the meeting adjourned at 10:55 o'clock P.M. APPROVE: MAYOR ATTEST: CITY CLERK