City Council
Regular Day Meeting
8/27/2013 12:00 PM
City Hall - Council Chambers
150 Capitol Blvd   Boise, ID 83702
I. ROLL CALL
1. Roll Call
II. REQUEST FOR APPROVAL
1. Minutes of Aug 20, 2013 3:00 PM
2. Minutes of Aug 20, 2013 6:00 PM
Motion to make the following amendments to today's Council Agenda:
III. CONSENT AGENDA
A. Public Hearing Requests
1. CAR13-00012 | Modified Development Agreement / Location: 8249 W. Overland Road / MODIFICATION TO A DEVELOPMENT AGREEMENT TO ELIMINATE A PROHIBITION ON DRIVE-THRU WINDOWS IN AN EXISTING BUILDING LOCATED IN A C-1D/DA (NEIGHBORHOOD COMMERCIAL WITH DESIGN REVIEW AND DEVELOPMENT AGREEMENT) ZONE
a. Staff Report
2. PUD13-00003 / PEPPER HILLS NEIGHBORS / APPEAL OF THE PLANNING AND ZONING COMMISSION APPROVAL OF AN 88-UNIT RESIDENTIAL DEVELOPMENT LOCATED ON 5.96 ACRES AT 12063 W. OVERLAND ROAD IN AN L-OD/DA (LIMITED OFFICE WITH DESIGN REVIEW AND DEVELOPMENT AGREEMENT) ZONE
B. Minutes and Reports
1. Library SS 13-214 Freegal Music Subscription
a. SS 13-214 Department Recommendation
2. Ethics Commission Minutes, July 11, 2013
a. July 13, 2013 Ethics Minutes
3. Design Review Hearing Minutes, July 10, 2013
a. 07-10-13_DRMinutes
C. Travel Requests
1. Chief Michael Masterson, Police, to attend Executive Seminar on Terrorism in Oklahoma City OK, on September 10-11, 2013.Add-On
a. Travel Authorization Request 082613
b. 091013MastersonOklahomaCity
D. Resolutions
1. RES-270-13 : A RESOLUTION APPROVING THE FIRE PROTECTION AGREEMENT BETWEEN THE CITY OF BOISE AND THE U.S. ARMY CORPS OF ENGINEERS FOR THE LUCKY PEAK DAM PROJECT OFFICES; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF BOISE CITY; AND PROVIDING AN EFFECTIVE DATE.
a. L Peak FY14-FY15 Award Contract
2. RES-281-13 : A RESOLUTION APPROVING THE RENEWAL OF RFP 10-173(A); MISC. ENVIRONMENTAL SERVICES, BETWEEN THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT) AND HDR ENGINEERING; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
a. RFP 10-173A Environmental Srvs renewal
3. RES-282-13 : A RESOLUTION APPROVING THE RENEWAL OF RFP 10-173(B); MISC. ENVIRONMENTAL SERVICES, BETWEEN THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT) AND CH2MHILL; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
a. RFP 10-173B Environmental Srvs renewal
4. RES-283-13 : A RESOLUTION APPROVING THE RENEWAL OF RFP 10-173(C); MISCELLANEOUS ENVIRONMENTAL SERVICES, BETWEEN THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT) AND BROWN AND CALDWELL; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
a. RFP 10-173C Environmental Srvs renewal
5. RES-284-13 : A RESOLUTION APPROVING THE RENEWAL OF RFP 10-173(D); MISCELLANEOUS ENVIRONMENTAL SERVICES, BETWEEN THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT) AND MATERIALS TESTING AND INSPECTION; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
a. RFP 10-173D Environmental Srvs renewal
6. RES-285-13 : A RESOLUTION APPROVING CHANGE ORDER NUMBER 1 TO RFP 08-124GG; MISC. LEGAL SERVICES, BETWEEN THE CITY OF BOISE CITY (LEGAL DEPARTMENT) AND PERKINS COIE; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID CHANGE ORDER; AND PROVIDING AN EFFECTIVE DATE.
a. RFP 08-124GG Dixie Drain Water Rights CO#1
7. RES-286-13 : A RESOLUTION APPROVING AN AGREEMENT AND AWARD FOR FB 13-195; WEST BOISE TRUCK ACCESS ROAD, WBP-083, BETWEEN THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT) AND WF CONSTRUCTION & SALES LLC; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID AGREEMENT AND AWARD; AND PROVIDING AN EFFECTIVE DATE.
a. FB 13-195 Contract
b. FB 13-195 WF Construction n Sales- Bid
c. FB 13-195 Specifications
8. RES-287-13 : A RESOLUTION APPROVING AN AGREEMENT AND AWARD FOR FB 13-147; WEST BOISE WASTEWATER TREATMENT FACILITY PHOSPHORUS REMOVAL, WBP 002, BETWEEN THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT) AND RECORD STEEL AND CONSTRUCTION, INC. DBA RSCI; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID AGREEMENT AND AWARD; AND PROVIDING AN EFFECTIVE DATE.
a. FB 13-147 Contract FINAL
b. FB 13-147 RSCI - bid
c. FB 13-147 ADDENDUM 01
d. FB 13-147 Addendum 02
e. FB 13-147 ADDENDUM 03
f. FB 13-147 ADDENDUM 04
g. FB 13-147 ADDENDUM 05
h. FB 13-147 ADDENDUM 06
i. FB 13-147 Addendum 07
j. FB 13-147 Addendum 08
k. FB 13-147 Vol_1_Specs00-01
9. RES-288-13 : A RESOLUTION APPROVING AMENDMENT 1 TO SOLE SOURCE PROCUREMENT SS 08-189; AQUA GUARD SYSTEM PARTS, BETWEEN THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT) AND PARKSON CORPORATION; APPROVING AUTHORIZATION TO PROCURE; AND PROVIDING AN EFFECTIVE DATE.
10. RES-289-13 : A RESOLUTION APPROVING AN AGREEMENT AND AWARD FOR FB 13-192, LUKE AND RICKENBACKER STREETS IMPROVEMENTS, BETWEEN THE CITY OF BOISE CITY (AVIATION DEPARTMENT) AND CAPITAL PAVING CO., INC.; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID AGREEMENT AND AWARD; AND PROVIDING AN EFFECTIVE DATE.
a. FB 13-192 Contract - FINAL
b. FB 13-192 Capital Paving Co Inc - Bid
c. FB 13-192 Luke Rickenbacker Specs
d. FB 13-192 Luke Rickenbacker Addendum 1
11. RES-290-13 : A RESOLUTION APPROVING CHANGE ORDER NUMBER 2 TO RFP 07-208; WEST BOISE WASTEWATER TREATMENT FACILITY PHOSPHORUS REMOVAL, BETWEEN THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT) AND CH2M HILL; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID CHANGE ORDER; AND PROVIDING AN EFFECTIVE DATE.
a. RFP 07-208 Phos Removal CO#2
12. RES-291-13 : A RESOLUTION APPROVING AN AGREEMENT AND AWARD FOR RFP 11-124; CITY HALL CONSTRUCTION MANAGEMENT SERVICES PHASE 2, BETWEEN THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT) AND CM COMPANY, INC.; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID AGREEMENT AND AWARD; AND PROVIDING AN EFFECTIVE DATE.
a. RFP 11-124 City Hall Ph 2 Contract
b. RFP 11-124 CM Co Proposal
13. RES-292-13 : A RESOLUTION APPROVING A SOLE SOURCE PROCUREMENT, SS 13-214, FREEGAL MUSIC SUBSCRIPTION, BETWEEN THE CITY OF BOISE CITY (LIBRARY DEPARTMENT) AND LIBRARY IDEAS, LLC; APPROVING AUTHORIZATION TO PROCURE; AND PROVIDING AN EFFECTIVE DATE.
14. RES-293-13 : A RESOLUTION ACCEPTING THE GRANT OF A SANITARY SEWER EASEMENT FROM JASON CRAWFORTH TO THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT) FOR PROVISION OF ACCESS AND MAINTENANCE TO AN EXISTING SEWER MAIN, SF SEWER EASEMENT; AND PROVIDING AN EFFECTIVE DATE.
a. Crawforth Grant of Easement
15. RES-294-13 : A RESOLUTION ACCEPTING THE GRANT OF A SANITARY SEWER EASEMENT FROM JAMES W. AND JULIE KAY TROUNSON TO THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT) FOR PROVISION OF ACCESS AND MAINTENANCE OF AN EXISTING SEWER MAIN, SF SEWER EASEMENT; AND PROVIDING AN EFFECTIVE DATE.
a. Grant Trounson
16. RES-295-13 : A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST TO A JOINT POWERS AGREEMENT BY AND BETWEEN THE CITY OF BOISE CITY AND VALLEY REGIONAL TRANSIT (“VRT”) AGREEING TO ESTABLISH THE BOISE MUNICIPAL HEALTH CARE TRUST; PROVIDING THAT THE GOVERNING BODY OF THE TRUST SHALL CONSIST OF A BOARD OF TRUSTEES COMPRISING SIX (6) MEMBERS, FIVE (5) OF WHOM SHALL BE ELECTED BY THE BOISE CITY COUNCIL AND ONE (1) OF WHOM SHALL BE ELECTED BY THE BOARD OF DIRECTORS OF VRT; PROVIDING THAT THE TRUST SHALL BE OF UNLIMITED DURATION AND WILL ADMINISTER A SELF-FUNDED HEALTH CARE PLAN TO PROVIDE HEALTH CARE BENEFITS AND OTHER RELATED EXPENSES IN ACCORDANCE WITH IDAHO LAW, THE JOINT POWERS AGREEMENT AND A FUTURE TRUST AGREEMENT (“PLAN”) INTO WHICH THE PARTIES WILL ENTER; PROVIDING FOR THE FUNDING OF THE PLAN THROUGH CONTRIBUTIONS TO THE TRUST FUND; PROVIDING FOR THE ELIGIBILITY OF OTHER PUBLIC AGENCIES TO PARTICIPATE IN THE TRUST; PROVIDING FOR THE WITHDRAWAL FROM THE TRUST AGREEMENT; PROVIDING FOR DISPOSITION OF FUNDS UPON TERMINATION OF THE TRUST; SETTING FORTH THE STATUTORY POWERS OF THE BOARD OF TRUSTEES; AND PROVIDING AN EFFECTIVE DATE.
a. Exhibit A VRT Joint Powers Agreement
17. RES-296-13 : A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING AGREEMENT BETWEEN THE BOISE POLICE DEPARTMENT, THE ADA COUNTY PROSECUTING ATTORNEY'S OFFICE, AND THE FAMILY ADVOCACY CENTER AND EDUCATION SERVICES ("FACES," A NON-PROFIT ENTITY PROVIDING SERVICES TO VICTIMS OF CRIME), TO PROVIDE FACES OFFICE SPACE FOR BOISE POLICE OFFICERS AND STAFF FOR THE PURPOSE OF PROVIDING SERVICES TO VICTIMS OF SEXUAL ASSAULT; AUTHORIZING THE MAYOR AND CITY CLERK, RESPECTIVELY, TO EXECUTE AND ATTEST SAID MEMORANDUM OF UNDERSTANDING; AND PROVIDING AN EFFECTIVE DATE.
a. Memorandum of Understanding
18. RES-297-13 : A RESOLUTION APPROVING AN UPDATED SOLID WASTE CUSTOMER FEE SCHEDULE FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION SERVICES, SWM 105.18; AND PROVIDING AN EFFECTIVE DATE.
a. Appendix A
19. RES-298-13 : A RESOLUTION APPROVING A PURCHASE AND SALE AGREEMENT BY AND BETWEEN THE CITY OF BOISE, BY AND THROUGH ITS HOUSING AND COMMUNITY DEVELOPMENT DIVISION AS PURCHASER, AND FEDERAL NATIONAL MORTGAGE ASSOCIATION (FANNIE MAE) AS SELLER FOR REAL PROPERTY LOCATED AT 2131 N. RAYMOND STREET, BOISE, ADA COUNTY, IDAHO; RATIFYING THE PREVIOUS EXECUTION OF THE PURCHASE AND SALE AGREEMENT AS PERMITTED AND DIRECTED BY THE CITY COUNCIL; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST ANY AND ALL DOCUMENTS NECESSARY TO COMPLETE THE PURCHASE OF SAID PROPERTY; AND PROVIDING AN EFFECTIVE DATE.
a. Appraisal Price
b. Listings
E. Subdivisions - Final Plats/Time Extensions
1. SUB07-00055 / THOMAS YOUNG IS REQUESTING A ONE-YEAR TIME EXTENSION FOR FILING THE FINAL PLAT FOR A SINGLE FAMILY RESIDENTIAL SUBDIVISION WITH 24 BUILDABLE LOTS ON 4.83 ACRES. THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF SOUTH VIRGINIA AVENUE BETWEEN WEST VICTORY ROAD AND WEST WRIGHT STREET
a. Project Report - SUB07-00055
2. SUB12-00027 / DROPZONE SUBDIVISION / COREY BARTON HOMES, INC., IS REQUESTING FINAL PLAT APPROVAL OF MIXED USE RESIDENTIAL SUBDIVISION WITH 76 BUILDABLE LOTS AND FIVE COMMON LOTS ON 19 ACRES. THE SITE IS ZONED R-1C. THE SITE IS LOCATED ON THE EAST SIDE OF NORTH CLOVERDALE ROAD APPROXIMATELY ¼ MILE SOUTH OF WEST USTICK ROAD
a. Project Report - SUB12-00027
3. SUB12-00031 / LINDALE SUBDIVISION / RICK THOMAS REQUESTS FINAL PLAT APPROVAL FOR AN INDUSTRIAL SUBDIVISION WITH 5 BUILDABLE LOTS LOCATED ON 11.07 ACRES AT THE SOUTHWEST CORNER OF WEST FRANKLIN ROAD AND SOUTH CLOVERDALE ROAD
a. Project Report - SUB12-00031
IV. ORDINANCES
A. First Reading
Moved that all ordinances on first reading be read by number and title only and filed for the Second Reading Calendar.
1. ORD-36-13 : AN ORDINANCE (CAR12-00010 FOR PROPERTY LOCATED AT 4441 NORTH BOGUS BASIN 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-2 (OPEN LAND) TO R-1A/DA (SINGLE FAMILY RESIDENTIAL 2.1 DU/ACRE WITH A DEVELOPMENT AGREEMENT) AND A-2/DA (OPEN LAND WITH A DEVELOPMENT AGREEMENT); AMENDING THE CITY ZONING MAPS TO REFLECT THE CHANGE IN ZONING; SETTING FORTH A REASONED STATEMENT IN SUPPORT OF SUCH ZONE CHANGE; AND PROVIDING AN EFFECTIVE DATE.
a. CAR12-00010 Ordinance map
b. Exhibit B Development Agreement (Recorded 8-16-13)
2. ORD-34-13 : AN ORDINANCE REPEALING BOISE CITY CODE TITLE 6, CHAPTER 1, SECTION 7, ENTITLED AGGRESSIVE SOLICITATION; INTERFERENCE WITH PEDESTRIANS AND ENACTING A NEW ORDINANCE UNDER TITLE 6, CHAPTER 1, SECTION 7, ENTITLED PUBLIC SOLICITATION; PROVIDING DEFINITIONS FOR KEY TERMS; PROHIBITING SOLICITATION IN AN AGGRESSIVE MANNER AND PROHIBITING SOLICITATION IN ANY PUBLIC TRANSPORTATION VEHICLE, FROM PERSONS WAITING IN LINE, ON PRIVATE PROPERTY POSTED “SOLICITATION PROHIBITED,” FROM ANY ROADWAY OR PARKWAY OR FROM A VEHICLE ON THE ROADWAY WHEN ENTERING THE ROADWAY IS NECESSARY TO ACCEPT THE DONATION, FROM PEDESTRIANS CROSSING THE ROADWAY, AND WITHIN PUBLIC PARKING GARAGES; PROHIBITING SOLICITATION WITHIN TWENTY FEET OF AN AUTOMATED TELLER MACHINE OR ENTRANCES TO FINANCIAL INSTITUTIONS, A SIDEWALK CAFÉ, MOBILE OR STREET VENDOR ON A PUBLIC SIDEWALK, PUBLIC RESTROOM FACILITIES AND PORTABLE TOILETS, BUS STOPS, TAXI STANDS, AND VALET STATIONS, AND PARKING PAY BOXES OR STATIONS; PROVIDING EXCEPTIONS FOR PASSIVE STANDING ON THE SIDEWALK OR LAWFULLY SITTING WITH A SIGN OR OTHER WRITTEN REQUEST FOR DONATIONS WITHOUT ORALLY ADDRESSING ANY SPECIFIC PERSON AND FOR OTHER FIRST AMENDMENT ACTIVITY, INCLUDING PICKETING, PROTESTING, OR STANDING, THAT MAY MAKE SIDEWALK PASSAGE LESS CONVENIENT; PROVIDING AN INFRACTION FOR A FIRST OFFENSE, OTHER THAN AGGRESSIVE SOLICITATION, IN ONE YEAR WITH AGGRESSIVE SOLICITATION AND ANY OTHER SECOND PUBLIC SOLICITATION OFFENSE BEING A MISDEMEANOR; ENACTING A NEW SECTION 22, IN TITLE 6, CHAPTER 1, ENTITLED SEVERABILITY CLAUSE; APPROVING A SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE OF JANUARY 2, 2014.
a. ORD-34-13 Summary
B. Third Reading
Moved that further reading of (ORD-33-13), (ORD-32-13) and (ORD-31-13) be dispensed with and the record show that they have been read the third time in full.
1. ORD-33-13 : AN ORDINANCE AMENDING BOISE CITY CODE TITLE 8, CHAPTER 11, SECTION 7.02 TO INCREASE SEWER SYSTEM OPERATION AND MAINTENANCE FEES; AMENDING BOISE CITY CODE TITLE 8, CHAPTER 11, SECTION 7.03, SUBSECTIONS (H) AND (I) TO INCREASE THE FEES FOR SEPTAGE HAULING AND USE OF THE DECANT FACILITY; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE.
a. 8-11-07.02_131001
2. ORD-31-13 : AN ORDINANCE AMENDING BOISE CITY CODE, TITLE 1, CHAPTER 21 (ENTITLED “CODE OF ETHICS”), SECTIONS 6 AND 10, TO CLARIFY LANGUAGE, AMEND THE SURPLUS PROPERTY PROVISION, AND CREATE CONSISTENCY IN THE PENALTIES PROVISION; AND PROVIDING AN EFFECTIVE DATE.
3. ORD-32-13 : AN ORDINANCE AMENDING TITLE 10, CHAPTER 4, SECTION 4, BOISE CITY CODE, TO UPDATE THE PEDESTRIAN TRAFFIC CONTROL DEVICES SECTION; AND PROVIDING AN EFFECTIVE DATE.
V. SPECIAL BUSINESS
1. Appointment of Ray Westmoreland to the Historic Preservation Commission for a three year term ending October 28, 2013Add-On
a. Ray Westmoreland
2. Appointment of Hilary Soltman to the Design Review Committee for a three year term ending June 6, 2015Add-On
a. Hillary Soltman
3. Ada County Referral 201300966-DA/PUD/S/ZC (10 min)
a. Ada County Referral - Staff Report
4. Downtown Boise Implementation Plan (15 min)
a. Staff Report
5. Interim Budget Changes (5 min)
a. Interim Budget Change
6. Public Safety and Livability Bond Update (30 min)
a. 082713CouncilMemoBondPublicInput_FINAL
7. SUB05-00087 / Union Square Subdivision #1 / TRILOGY DEVELOPMENT, INC. REQUESTS A ONE-YEAR TIME EXTENSION ON SURETY BOND FOR CLUBHOUSE AND POOL, TOT-LOT AND AMENITIES FOR A PLANNED UNIT RESIDENTIAL DEVELOPMENT IN THE UNION SQUARE SUBDIVISION NO. 1. THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF WEST OVERLAND ROAD BETWEEN SOUTH LINDA VISTA AVENUE AND SOUTH WEIDEMAN AVENUE
a. Project Report - SUB05-00087 Bonding Time Extension
8. Executive Session: Personnel, Labor Negotiations, Land Acquisition, Records Exempt from Public Disclosure, Pending/Probable Litigation, I.C. 67-2345(1)(b)(c)(d)(f)
Moved to enter the regularly city council meeting and there being no further business the meeting adjourned.



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