171 BOISE, IDAHO Council met in regular session Tuesday, January 7, 2003, Mayor BRENT COLES, presiding. Roll call showed the following members present: Invocation was given by Ron Mackey, Mountain View Church of the Brethren. Moved by FORNEY and seconded by TERTELING-PAYNE that the minutes from the December 17, 2002, City Pre-Council Meeting be approved. Moved by FORNEY and seconded by TERTELING-PAYNE that the minutes from the December 17, 2002, City Council Meeting be approved. Moved by FORNEY and seconded by TERTELING-PAYNE that the minutes from the January 3, 2003, Special City Council Meeting be approved with amendment to page 169 as stated.
172 Mayor COLES announced that this was the time and place set for the Arts Commission Presentation. Julie Numbers-Smith, Arts Commission, presented the Arts Commission Presentation recognizing Mike Wetherell and presented him a gift. John Anderson and Mike Johnson, Aviation and Public Transportation Department, addressed the Council with a presentation recognizing Mike Wetherell and presented him a gift. Renn Ross, Fire Department, addressed the Council with a presentation recognizing Mike Wetherell and presented him a gift. Tom Lovell, Local 672 President, addressed the Council with a presentation recognizing Mike Wetherell and presented him a gift. Mayor COLES announced that this was the time and place set for the Election of Council Officers. Moved by MASON and seconded by BISTERFELDT that JEROME MAPP be nominated for Council President. Moved by BISTERFELDT and seconded by MAPP that JON MASON be nominated for Council President Pro Tem. Mayor COLES announced that this was the time and place set for Findings of Fact and Conclusion of Law regarding CAR02-00027/Rezone and CUP02-00071 and CSN02-00134/Appeals - Whisperwood, LLC. Moved by MAPP and seconded by TERTELING-PAYNE that the Findings of Fact and Conclusion of Law on the Whisperwood rezone
173 application and appeals are as follows: approval of the appeal finding upholding the Planning and Zoning Commission's denial of Elliot Werk's reconsideration request; approval of the developer's rezone CAR02-00027 as modified to delete the apartment site; denial of Elliot Werk's appeal of CUP02-00071 and partial approval and partial denial of M.D. (Butch) Groothuis appeal of CUP02-00071 in which the appeal of the height exception is upheld and all other appeal issues are denied. Councilmember MAPP addresses a letter from Cheri Cole regarding the appeal of CUP02-00096 requesting a mediator. Councilmember MAPP requests unanimous consent that staff provide Council direction on what process should be done to appoint a mediator or if we can even take such an action and to bring that back to the Council on January 14, 2003. Unanimous consent was granted. Councilmember MAPP addressed a letter regarding CAR02-00035/Rezone/Shannon Robnett requesting withdrawal that is scheduled for January 14, 2003. Councilmember TERTELING-PAYNE addresses the Jefferson- Well agreement and would like to recommend that Steve Purvis, Division of Financial Management, be considered as the day to day contact for the City. Councilmember TERTELING-PAYNE requested unanimous consent that Steve Purvis, Division of Financial Management, be determined to be the day to day contact representative with Jefferson-Wells. Unanimous consent was granted. issues. Councilmember MASON addressed the sewer connections Councilmember MASON requested unanimous consent to allow the Public Works staff to compile information already researched
174 regarding the possibility of acquiring a Water Company or at least controlling water rights for all the citizens of Boise City and to provide such information to the Council. Unanimous consent was granted. Boise City Checks No. 116867 thru 117471 in the total amount of $8,020,527.67 as of December 18, 2002 be approved. Boise City Checks No. 117472 thru 117913 in the total amount of $1,490,984.61 as of December 25, 2002 be approved. Boise City Checks No. 117914 thru 118321 in the total amount of $556,552.56 as of January 1, 2003 be approved. The Bid Results for DB 03-010B: Telemetry System to Monitor Remote Pump Stations were before Mayor and Council as enumerated in staff report dated December 9, 2002. RECOMMENDATION: The Purchasing Division concurs with Public Works in recommending that DB 03-010B: Telemetry System to Monitor Remote Pump Stations be awarded to the best qualified proposer, Custom Electric, Inc., in a total amount not to exceed $256,949.
175 recommendations be followed and the bid be awarded to Custom Electric, Inc., in a total amount not to exceed $256,949. The City Clerk requested the following claims(s) be acknowledged and referred to the office of the Treasurer: a) Rick Dahlgren, Property Damage b) Allyson M. Sander, Personal Injury c) Charlene Brown, Property Damage and Personal Injury claim(s) be acknowledged and referred to the office of the Treasurer as requested. The City Clerk requested February 4, 2003, in Council Chambers be confirmed for a public hearing on: a) CAR02-00052/Rezone/Shannon Robnett requests approval of the rezone of.77 acres from R-1C (Single Family Residential) to C-1D (Neighborhood Commercial with Design Review and a Development Agreement) at 8752 W. Overland Road. This request includes approval of a Development Agreement. b) CAR02-00054/Annexation/Gary Eau Claire requests approval of an annexation of 5.79 acres at 2240 S. Cole Road with a zoning designation of M-1D (Limited Industrial with Design Review). Moved by TERTELING-PAYNE and seconded by MAPP that February 4, 2003 in Council Chambers be confirmed as requested.
176 The City Clerk requested February 11, 2003, in Council Chambers be confirmed for a public hearing on: a) CAR02-00055/Annexation/Interwest Development Inc. requests approval of an annexation of 7.7 acres generally located at 2220 S. Cloverdale Road with a zoning designation of R-1C (Single Family Residential). Moved by TERTELING-PAYNE and seconded by MAPP that February 11, 2003 in Council Chambers be confirmed as requested. The City Clerk requested February 18, 2003, in Council Chambers be confirmed for a public hearing on: a) CAR02-00056/Annexation/Joint School District No. 2 requests approval of an annexation of 7.02 acres at 2252 S. Sumpter Way with a zoning designation of A (Open). b) CAR02-00058/Boise City requests approval of a zoning ordinance amendment to revise Title 11, Chapter 12, The Floodplain Ordinance, to update definitions, titles and dates; to adopt the revised Flood Insurance Study and Flood Insurance Rate Map effective February 19, 2003; to set forth standards for the parking/storage of recreational vehicles within the flood hazards areas of the City; and to document the adoption of all National Flood Insurance Program (NFIP) regulations required by the Federal Emergency Management Agency (FEMA) for continued City participation in the NFIP. Moved by TERTELING-PAYNE and seconded by MAPP that February 18, 2003 in Council Chambers be confirmed as requested.
177 The City Clerk requested March 4, 2003, in Council Chambers be confirmed for a public hearing on: a) CAR02-00050/Boise City requests approval of an amendment to Title 11, Chapter 3, regarding appeals procedures. The amendment would eliminate the requirement to mail notice of decisions to all parties of record; make decisions on reconsiderations non-appealable; and clarify and simplify language throughout the section. Moved by TERTELING-PAYNE and seconded by MAPP that March 4, 2003 in Council Chambers be confirmed as requested. The Mayor's Budget Team requests the following recommendation be approved by Council. a) Public Works - Solid Waste Rate Increase: Approval of the proposed FY 2003 five (5) percent rate across the board increase for Solid Waste services and acknowledgment that future rate increases will be needed over the next two fiscal years to achieve a balanced annual budget and sound financial position. b) Fire Department: Approval of transfer of $250,000 in funding from the proposed new ladder company which will not be necessary in FY 2003 to cover the cost of the future Hollandale Whitney and Boise City fire station site. c) BUS - FY 2003 Budget & FY 2004 Grant Request: Approval of reduction in the FY 2003 tax support to the bus budget to help offset the projected yearend operating and capital projects deficit. d) Fire Department - FEMA Grant Application: Approval of acceptance of the FEMA grant for purchase of a fire technical rescue truck and use of FY 2004 equipment funding.
178 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) Ada County Highway District Commission Minutes, October 23, November 6, November 13 and November 20, 2002 b) Boise Public Library Director's Report, December 4, 2002 c) Boise Public Library Board Minutes, November 6, 2002 d) Development Impact Fee Advisory Committee Minutes, October 9, 2002 e) City of Boise Treasury Division, State of the Treasury Report, November 2002 f) ValleyRide Resolution 2002-03 minutes, reports and requests be received and directed filed in the office of the City Clerk as requested. Proposed ordinance (O-88-02) by the Council: Titled: AN ORDINANCE (CAR02-00058/BOISE CITY) AMENDING TITLE 11, CHAPTER 12, THE FLOODPLAIN ORDINANCE, BOISE CITY CODE TO REFLECT ALL REQUIREMENTS OF PARAGRAPH 60.3D OF THE NATIONAL FLOOD INSURANCE PROGRAM (NFIP) REGULATIONS; TO CORRECT AND UPDATE DEFINITIONS, DATES AND TITLES; TO ADOPT THE REVISED FLOOD INSURANCE STUDY (FIS) AND FLOOD INSURANCE RATE MAP (FIRM) DATED FEBRUARY 19, 2003; TO ADD DEFINITIONS FOR MANUFACTURED HOMES; CRITICAL FACILITY; ELEVATED BUILDING; EXISTING MANUFACTURED HOME, PARK AND SUBDIVISION;
179 EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION; NEW MANUFACTURED HOME PARK OR SUBDIVISION; AND RECREATIONAL VEHICLE; ADD A NEW PARAGRAPH E TO SECTION 11-12-07.5 TO REFLECT THE STANDARDS OF THE NFIP REGULATIONS FOR THE PARKING/STORAGE OF RECREATIONAL VEHICLES WITHIN THE FLOOD HAZARD AREAS OF THE CITY TO ADD A NEW SECTION 11-12-01.3 TO SET FORTH METHODS OF REDUCING FLOOD LOSS; TO ADD SECTION 11-12-07.6 SETTING FORTH STANDARDS FOR MANUFACTURED HOMES; AND TO ADD SECTION 11-12-09 SETTING FORTH STANDARDS AND GUIDELINES FOR CRITICAL FACILITIES WITHIN SPECIAL FLOOD HAZARD AREAS; PROVING AN EFFECTIVE DATE; AND APPROVING A SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE, was read for the first time. Councilmember FORNEY requests that a Council have a Pre- Council workshop on Ordinance (O-88-02) prior to the third reading on January 21, 2003. Councilmember MAPP requests unanimous consent that ordinance (O-2-03) be pulled from tonight's Council agenda because of typographical errors. Unanimous consent was granted. Proposed ordinance (O-2-03) by the Council: Titled: AN ORDINANCE AMENDING TITLE 4, CHAPTER 2 OF THE BUILDING CODE BY AMENDING SECTION 305.2 OF THE INTERNATIONAL BUILDING CODE TO BE IN ACCORDANCE WITH IDAHO CODE 39-1114; AND PROVIDING AN EFFECTIVE DATE. Proposed resolution (R-528-02) by the Council: Titled: A RESOLUTION APPROVING AN AGREEMENT FOR MUTUAL AID FIRE PROTECTION BETWEEN BOISE CITY, FIRE DEPARTMENT, AND THE IDAHO AIR NATIONAL GUARD FOR SECURING TO EACH THE BENEFITS OF MUTUAL AID IN FIRE PREVENTION, IN THE PROTECTION OF LIFE AND PROPERTY FROM FIRE, AND IN FIRE FIGHTING; 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.
180 proposed resolution (R-528-02) be adopted and that same be numbered Resolution 17354. Proposed resolution (R-529-02) by the Council: EXECUTE ON BEHALF OF THE CITY OF BOISE CITY, AMENDMENT NUMBER ONE TO RFP 02-002; PROFESSIONAL ENGINEERING SERVICES; WEST BOISE WASTE WATER TREATMENT FACILITY DIGESTION IMPROVEMENT, PUBLIC WORKS DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND MONTGOMERY WATSON HARZA; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-529-02) be adopted and that same be numbered Resolution 17355. Proposed resolution (R-530-02) by the Council: EXECUTE ON BEHALF OF THE CITY OF BOISE CITY, A RENEWAL OF RFP 02-008E; MISCELLANEOUS ARCHITECTURAL SERVICES, PUBLIC WORKS DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND CSHQA; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-530-02) be adopted and that same be numbered Resolution 17356.
181 Proposed resolution (R-531-02) by the Council: EXECUTE ON BEHALF OF THE CITY OF BOISE CITY, A RENEWAL OF RFP 02-008D; MISCELLANEOUS ARCHITECTURAL SERVICES, PUBLIC WORKS DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND TROUT ARCHITECTS/CHARTERED; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-531-02) be adopted and that same be numbered Resolution 17357. Proposed resolution (R-532-02) by the Council: EXECUTE ON BEHALF OF THE CITY OF BOISE CITY, A RENEWAL OF RFP 02-008C; MISCELLANEOUS ARCHITECTURAL SERVICES, PUBLIC WORKS DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND HUTCHISON-SMITH ARCHITECTS; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-532-02) be adopted and that same be numbered Resolution 17358. Proposed resolution (R-533-02) by the Council:
182 EXECUTE ON BEHALF OF THE CITY OF BOISE CITY, A RENEWAL OF RFP 02-008B; MISCELLANEOUS ARCHITECTURAL SERVICES, PUBLIC WORKS DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND CTA ARCHITECTS ENGINEERS; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-533-02) be adopted and that same be numbered Resolution 17359. Proposed resolution (R-534-02) by the Council: EXECUTE ON BEHALF OF THE CITY OF BOISE CITY, A RENEWAL OF RFP 02-008A; MISCELLANEOUS ARCHITECTURAL SERVICES, PUBLIC WORKS DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND INSIGHT ARCHITECTS; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-534-02) be adopted and that same be numbered Resolution 17360. Proposed resolution (R-535-02) by the Council: EXECUTE ON BEHALF OF THE CITY OF BOISE, BOISE CITY, AN AGREEMENT FOR DB 03-010B; TELEMETRY SYSTEM TO MONITOR REMOTE PUMP STATIONS, PUBLIC WORKS DEPARTMENT, BETWEEN THE CITY OF BOISE, BOISE CITY AND CUSTOM ELECTRIC, INC.; AND PROVIDING AN EFFECTIVE DATE, was read in full.
183 proposed resolution (R-535-02) be adopted and that same be numbered Resolution 17361. Proposed resolution (R-536-02) by the Council: EXECUTE ON BEHALF OF THE CITY OF BOISE CITY, CHANGE ORDER NUMBER THREE TO F/B 02-005; LINE MAINTENANCE HOUSING, PUBLIC WORKS DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND SIMPLOT CONSTRUCTION COMPANY; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-536-02) be adopted and that same be numbered Resolution 17362. Proposed resolution (R-537-02) by the Council: EXECUTE, ON BEHALF OF THE CITY OF BOISE CITY, RENEWAL OF RFP 00-119B; MISCELLANEOUS GIS SERVICES, PUBLIC WORKS DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND SPATIAL DYNAMICS; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-537-02) be adopted and that same be numbered Resolution 17363.
184 Proposed resolution (R-538-02) by the Council: Titled: A RESOLUTION (CAR02-00043/BOISE CITY) TO CHANGE THE AREA OF IMPACT BOUNDARY AS FOLLOWS; (A) 160 ACRES INCLUDING DRY CREEK CEMETERY AND BONITA HILLS SUBDIVISION TO BE EXCLUDED FROM BOISE CITY'S AREA OF IMPACT AND INCLUDED IN EAGLE CITY'S AREA OF IMPACT; (B) 189 ACRES ON EAGLE ISLAND NORTH OF THE WEST BOISE WASTEWATER TREATMENT PLANT TO BE EXCLUDED FROM BOISE CITY'S AREA OF IMPACT AND INCLUDED IN EAGLES CITY'S AREA OF IMPACT; AND (C) 188 ACRES ON THE NORTH SIDE OF CHINDEN BLVD. AND WEST OF THE WEST WASTEWATER TREATMENT PLANT O BE EXCLUDED FROM EAGLE CITY'S AREA OF IMPACT AND INCLUDED IN BOISE CITY'S AREA OF IMPACT; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-538-02) be adopted and that same be numbered Resolution 17364. Proposed resolution (R-539-02) by the Council: Titled: A RESOLUTION (CAR02-00038/HUMPHRIES FAMILY PARTNERSHIP) TO AMEND THE BOISE CITY COMPREHENSIVE PLAN LAND USE MAP TO CHANGE THE DESIGNATION OF 3.184 ACRES FROM "LOW DENSITY 4" (RESIDENTIAL) TO "INDUSTRIAL" USES FOR PROPERTY LOCATED AT 2450 E. BRANIFF STREET; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-539-02) be adopted and that same be numbered Resolution 17365.
185 Proposed resolution (R-2-03) by the Council: Titled: A RESOLUTION APPROVING AND AUTHORIZING THE PAYMENT OF BOISE CITY LOCAL MATCHING FUNDS TO VALLEYRIDE, ADA AND CANYON COUNTY'S REGIONAL TRANSPORTATION AUTHORITY, FOR ULTIMATE PAYMENT TO THE TARGHEE REGIONAL TRANSPORTATION AUTHORITY (TRPTA) IN EXCHANGE FOR FEDERAL OPERATING GRANT MONIES, A TRANSACTION RESULTING IN A $303,619 NET INCREASE IN OPERATING FUNDS FOR VALLEYRIDE, AND A DECREASE IN BOISE CITY'S OPERATING CONTRIBUTION TO VALLEYRIDE; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-2-03) be adopted and that same be numbered Resolution 17366. Councilmember MASON requests unanimous consent that resolution (R-4-03) be pulled from tonight's Consent agenda for separate discussion. Unanimous consent was granted. Proposed resolution (R-4-03) by the Council: Titled: A RESOLUTION (CAR02-00037/BOISE CITY) TO AMEND CHAPTER 8 OF THE COMPREHENSIVE PLAN CLARIFYING DENSITY STANDARDS ON THE LAND USE MAP AND MODIFYING DEFINITIONS TO BE CONSISTENT WITH THE BOISE CITY ZONING ORDINANCE; AND APPROVAL OF THE ADDITION OF A NEW CHAPTER 12 PROVIDING GUIDELINES FOR THE AREA WITHIN THE SOUTHWEST PLANNING AREA; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-4-03) be adopted and that same be numbered Resolution 17367.
186 BISTERFELDT, FORNEY, MAPP and TERTELING-PAYNE. NAYS: MASON. Councilmember MASON requested unanimous consent that resolution (R-9-03) be pulled from tonight's Consent agenda for further discussion. Unanimous consent was granted. Proposed resolution (R-9-03) by the Council: Titled: A RESOLUTION DECLARING THE INTENT OF THE CITY OF BOISE CITY TO REALIGN THE BOUNDARIES WITHIN THE EXISTING DISTRICT; TO INCREASE THE ASSESSMENTS OF THE DOWNTOWN BUSINESS IMPROVEMENT DISTRICT; SETTING TIME AND PLACE FOR PUBLIC HEARING ON THE PROPOSAL; DIRECTING THE CITY CLERK TO CAUSE NOTICE THEREOF TO BE PUBLISHED; DIRECTING THE DOWNTOWN BOISE ASSOCIATION TO MAIL A COPY OF THIS RESOLUTION TO BUSINESSES WITHIN ITS BOUNDARIES; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-9-03) be adopted and that same be numbered Resolution 17368 with the proper hearing date of February 4, 2003. There being no further business the meeting adjourned at 8:30 o'clock P.M. APPROVE: MAYOR
187 ATTEST: CITY CLERK