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61 BOISE, IDAHO Council met in regular session Tuesday, December 4, 2012, Mayor DAVID H. BIETER, presiding. Roll call showed the following members present: CLEGG, JORDAN, MCLEAN, QUINTANA and THOMSON. Absent: EBERLE. Invocation was given by Jamie Heinzerling. minutes from the November 27, 2012, Boise City Council Meeting be approved. YEAS: CLEGG, JORDAN, QUINTANA and THOMSON. Abstain: MCLEAN. Mayor BIETER announced that this was the time and place set for PRESENTATION OF ENVIROGUARD SUSTAINABILITY AWARDS. Catherine Chertudi, Planning and Development Services, presented the staff report. Councilmember JORDAN requested unanimous consent to remove proposed resolution (R-423-12) from the consent agenda. Unanimous consent granted. Boise City Checks No. 381174 thru 381454 in the total amount of $1,930,873.77 as of November 26, 2012 be approved.

62 The City Clerk requests the following Travel Requests be acknowledged and approved: a) David H. Bieter, Mayor, to attend the Rocky Mountain West Urban Leadership Symposium in Denver, CO from February 26-27, 2013 Travel Requests be acknowledged and 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) Historic Preservation Commission Minutes, September 24 and October 4, 2012 b) Library Director s Report, November 2012 c) Library Board of Trustees Minutes, October 3, 2012 minutes, reports and requests be received and directed filed in the office of the City Clerk as requested. Proposed resolution (R-422-12) by the Council: Titled: A RESOLUTION APPROVING CHANGE ORDER NUMBER 1 TO SRFP 12-096; CITY HALL SIGN PACKAGE, BETWEEN THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT) AND SUE COOK DESIGN INC.; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID CHANGE ORDER; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-422-12) be adopted and that same be numbered Resolution 21967.

63 Proposed resolution (R-423-12) by the Council: Titled: A RESOLUTION APPROVING A REAL ESTATE PURCHASE AND SALE AGREEMENT BY AND BETWEEN THE CITY OF BOISE CITY, BY AND THROUGH THE BOISE FIRE DEPARTMENT, AND CEL, A COLORADO GENERAL PARTNERSHIP, FOR THE PURCHASE OF APPROXIMATELY.45 ACRES ADDRESSED AS 3077 CHRISTINE STREET, BOISE, ADA COUNTY, IDAHO; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID REAL ESTATE PURCHASE AND SALE AGREEMENT ON BEHALF OF BOISE CITY; AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE THE TERMS OF THE REAL ESTATE PURCHASE AND SALE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full. Councilmember JORDAN 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-38-12) by the Council: Titled: AN ORDINANCE AMENDING TITLE 6, CHAPTER 01, SECTION 15, BOISE CITY CODE TO EXCEPT PERSONS IN THE PASSENGER COMPARTMENT OF A TOURING SERVICE VEHICLE FROM THE CITY S PROHIBITION ON POSSESSING AND CONSUMING BEER AND WINE IN A PUBLIC PLACE, AND TO CORRECT MINOR GRAMMAR AND FORMATTING ERRORS; AND PROVIDING AN EFFECTIVE DATE, was read for the first time. Councilmember JORDAN 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-37-12) by the Council:

64 Titled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOISE CITY, IDAHO, AMENDING, RESTATING AND REVISING A BUSINESS IMPROVEMENT DISTRICT PURSUANT TO CHAPTER 26, TITLE 50, IDAHO CODE, FOR THE PURPOSE OF PROMOTING BUSINESS AND EVENTS WITHIN THE DISTRICT; IMPROVING AND MAINTAINING PUBLIC AREAS WITHIN THE DISTRICT; ESTABLISHING THE RATE OF LEVY FOR THE DISTRICT; DESIGNATING THE DOWNTOWN BOISE ASSOCIATION, INC., AN IDAHO NONPROFIT CORPORATION, TO ADMINISTER THE OPERATION OF THE BUSINESS IMPROVEMENT DISTRICT; AND PROVIDING AN EFFECTIVE DATE, was read for the second time. Moved by JORDAN and seconded by CLEGG that further reading of (O-35-12) be dispensed with and the record show that they have been read the third time in full. Proposed ordinance (O-35-12) by the Council: Titled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOISE CITY, IDAHO, APPROVING THE 30TH STREET AREA URBAN RENEWAL PROJECT URBAN RENEWAL PLAN, WHICH PLAN INCLUDES REVENUE ALLOCATION FINANCING PROVISIONS; AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE AND OTHER REQUIRED INFORMATION TO COUNTY AND STATE OFFICIALS; APPROVING THE SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE, was read for the third time. Moved by CLEGG and seconded by JORDAN that the proposed ordinance (O-35-12) be passed and that the same be numbered Ordinance 6868. Moved by JORDAN and seconded by THOMSON that further reading of (O-36-12) be dispensed with and the record show that they have been read the third time in full. Proposed ordinance (O-36-12) by the Council:

65 Titled: AN ORDINANCE ADDING A NEW SECTION TO BOISE CITY CODE TITLE 6, CHAPTER 2, TO PROHIBIT DISCRIMINATORY ACTS IN HOUSING, EMPLOYMENT AND PUBLIC ACCOMMODATIONS BASED UPON SEXUAL ORIENTATION AND GENDER IDENTITY/EXPRESSION; APPROVING A SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE, was read for the third time. Moved by MCLEAN and seconded by JORDAN that the proposed ordinance (O-36-12) be passed and that the same be numbered Ordinance 6869. Mayor BIETER announced that this was the time and place set for a public hearing on DRH12-00218/APPEAL/JIM MCGEE - appealing the Historic Preservation Commission s approval of a wireless communication facility co-location with ground related equipment and new masonry screen wall in an R-2HD (Combined Residential with Historic Design Review) zone. Sarah Schafer, Planning and Development Services, presented the staff report. Jim Wegener, Appellant, 906 N 7 th, Boise, ID; Richard Busch, AT&T Representative, 22525 SE 64 th Place, Suite 288, Issaquah, WA; Eric Breon, 905 N 7 th Street, Boise, Idaho; Leah Provencio, 911 N 7 th St, Boise, ID testified on this issue. closed. Mayor BIETER announced that the public hearing was Moved by JORDAN and seconded by CLEGG that DRH12-00218/APPEAL/JIM MCGEE - appealing the Historic Preservation Commission s approval of a wireless communication facility co-location with ground related equipment and new masonry screen wall in an R-2HD (Combined Residential with Historic Design Review) zone be denied and the Historic Preservation Commission s decision be upheld with an additional condition that staff work with the applicant and the immediate neighbors to determine a series of seasonal meetings during which they can confirm compliance with code and noise and determine if amendments are needed.

66 Boise City Council meeting be adjourned at 7:30 o'clock P.M. YEAS: APPROVE: MAYOR ATTEST: CITY CLERK