BOISE, IDAHO JANUARY 24, Council met in regular session Tuesday, January 24, 2012, Mayor DAVID H. BIETER, presiding.

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1 77 BOISE, IDAHO Council met in regular session Tuesday, January 24, 2012, Mayor DAVID H. BIETER, presiding. Roll call showed the following members present: Moved by JORDAN and seconded by EBERLE to amend the City Council agenda, Section 6, Resolutions, to add the following as Item AF: Resolution R-44-12, A RESOLUTION APPROVING A CONCESSION OPERATING AGREEMENT BETWEEN BOISE CITY (DEPARTMENT OF AVIATION) AND MASSAGE BAR, INC. FOR THE PROVISION OF MASSAGE SERVICES TO THE PASSENGERS AND TENANTS IN THE BOISE AIRPORT TERMINAL BUILDING UPON BOISE AIRPORT (GOWEN FIELD); AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF BOISE CITY; AND PROVIDING FOR AN EFFECTIVE DATE. This item is timesensitive and was not available at the time the agenda was first published. Moved by JORDAN and seconded by CLEGG that the minutes from the January 10, 2012, Boise City Council Meeting be approved. Mayor BIETER announced that it was the time and place set for the appointment of Rebecca Hupp as Airport Director. appointment of Rebecca Hupp as Airport Director be approved.

2 78 Mayor BIETER announced that it was the time and place set for the reappointment of Ron Larson to the Building Code Committee Board of Examiners and Appeals for a five year term ending January 29, Councilmember JORDAN requested unanimous consent that the reappointment of Ron Larson to the Building Code Committee Board of Examiners and Appeals for a five year term ending January 29, 2017 be approved. Unanimous consent was granted. Mayor BIETER announced that it was the time and place set for the reappointment of James Marsh to the Design Review Committee for a three year term ending January 12, Councilmember JORDAN requested unanimous consent that the reappointment of James Marsh to the Design Review Committee for a three year term ending January 12, 2015 be approved. Unanimous consent was granted. Mayor BIETER announced that it was the time and place set for the reappointment of Jennifer Stevens to the Planning and Zoning Commission for a four year term ending January 8, Councilmember JORDAN requested unanimous consent that the reappointment of Jennifer Stevens to the Planning and Zoning Commission for a four year term ending January 8, 2016 be approved. Unanimous consent was granted. Mayor BIETER announced that it was the time and place set for the appointment of Tyler Morrison to the Planning and Zoning Commission for a four year term ending January 6, Councilmember JORDAN requested unanimous consent that the appointment of Tyler Morrison to the Planning and Zoning Commission for a four year term ending January 6, 2016 be approved.

3 79 Unanimous consent was granted. Mayor BIETER announced that this was the time and place set for Award Presentation: Leadership in Community Public Health. Presenters: Russell Duke, Central District Health Department; Steve Scanlin and Dr. Ted Epperle, Central District Health Board of Health Members. Mayor BIETER announced that this was the time and place set for Boise School District Supplemental Maintenance and Operation Levy Election, Tuesday, March 13, Presenters: Don Coberly and Nancy Landon, Boise School District; Sue Lovelace, Friends of Boise Schools, presented the staff report. Councilmember MCLEAN requested unanimous consent to direct staff to draft a resolution for support of the Boise School District and the relationship/correlation between the Boise School District and the City of Boise, including but not limited to economic development, leveraging resources, statistics and past and future partnerships. Unanimous consent was granted. Mayor BIETER announced that this was the time and place set for ZOA / Revisions to Off Street Parking and Loading Requirements. Hal Simmons and Andrea Tuning, Planning & Development Services, presented the staff report. Mayor BIETER announced that this was the time and place set for Subdivision Connectivity Study. Hal Simmons, Planning & Development Services, presented the staff report. RECESS: 2:05 P.M. RECONVENE:2:20 P.M.

4 80 Mayor BIETER announced that this was the time and place set for Ada County Highway District Five-Year Work Plan, Draft B. Karen Gallagher, Planning & Development Services, presented the staff report. Councilmember CLEGG requested unanimous consent that proposed resolution (R-16-12) be removed from the agenda and be brought back to Council for the January 31, 2012 City Council Meeting. Unanimous consent was granted. Proposed resolution (R-16-12) by the Council: Titled: A RESOLUTION APPROVING REVISIONS TO THE CITY OF BOISE EMPLOYEE POLICY HANDBOOK, POLICY 1.02, REGARDING POLICY AND REGULATION DEVELOPMENT; AND PROVIDING AN EFFECTIVE DATE. Boise City Checks No thru in the total amount of $1,354, as of January 11, 2012 be approved. Boise City Checks No thru in the total amount of $2,575, as of January 18, 2012 be approved. The Bid Results for F/B ; Lander Street Compliance Project, LSP-056, Public Works Department were before Mayor and Council as enumerated in staff report dated December 29, RECOMMENDATION: The Department of Finance and Administration Division concurs with Public Works Department

5 81 in recommending that /B ; Lander Street Compliance Project, LSP-056 be awarded to the lowest responsive and responsible bidder with significant local preference, JC Constructors, Inc., in a total amount not to exceed $2,059,000. recommendations be followed and the bid be awarded to JC Constructors, Inc. in the total contract amount of $2,059,000, subject to compliance with bonding and insurance requirements. Authorization to procure CP Nottingham Park Playground Equipment from the Houston-Galveston Area Council (H-GAC) agreement No. FA02, Parks and Recreation Department were before Mayor and Council as enumerated in staff report dated January 10, RECOMMENDATION: The Department of Finance and Administration Division concurs with Parks and Recreation Department in recommending that CP Nottingham Park Playground Equipment from the Houston-Galveston Area Council (H-GAC) agreement No. FA02 is awarded to, Playworld Systems/ Recreation Today, in a total amount not to exceed $75,000. recommendations be followed and authorization to procure is awarded to Playworld Systems/ Recreation Today in the total contract amount of $75,000. The City Clerk requested the following claims(s) be acknowledged and referred to the office of the Treasurer: a) Carly and Anthony Geidl, Property Damage b) Cooper Maira, Property Damage c) Elizabeth Bloss, Property Damage d) Jamie Lyn Bair, Property Damage

6 82 claim(s) be acknowledged and referred to the office of the Treasurer 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) Building Construction Report, December 2011 b) Design Review Committee Minutes, December 14, 2011 c) Development Impact Fee Advisory Committee Minutes, December 14, 2011 d) Ethics Commission Minutes, December 8, 2011 e) Library Director s Report, January 2012 f) Library Board of Trustees Minutes, December 7, 2011 g) State of the Treasury Report, December 2011 minutes, reports and requests be received and directed filed in the office of the City Clerk as requested. Proposed resolution (R-13-12) by the Council: Titled: A RESOLUTION APPROVING AN AMENDMENT NUMBER ONE TO THE LICENSE AGREEMENT BETWEEN BOISE CITY (DEPARTMENT OF AVIATION) AND THE UNITED STATES OF AMERICA, ACTING THROUGH THE TRANSPORTATION SECURITY ADMINISTRATION; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AMENDMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-13-12) be adopted and that same be numbered Resolution

7 83 Proposed resolution (R-14-12) by the Council: Titled: A RESOLUTION APPROVING A TEMPORARY USE AGREEMENT FOR THE USE OF PREMISES AT 4663 ENTERPRISE STREET UPON THE BOISE AIRPORT (DEPARTMENT OF AVIATION); RATIFYING AND AUTHORIZING THE BOISE AIRPORT DIRECTOR S EXECUTION OF THE CONSENT ON BEHALF OF BOISE CITY; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-14-12) be adopted and that same be numbered Resolution Proposed resolution (R-15-12) by the Council: Titled: A RESOLUTION APPROVING REVISIONS TO THE CITY OF BOISE EMPLOYEE POLICY HANDBOOK, POLICY 4.70, REGARDING TOBACCO USE; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-15-12) be adopted and that same be numbered Resolution Proposed resolution (R-17-12) by the Council: Titled: A RESOLUTION APPROVING REVISIONS TO THE CITY OF BOISE EMPLOYEE POLICY HANDBOOK, POLICY 4.35, REGARDING OUTSIDE EMPLOYMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full.

8 84 proposed resolution (R-17-12) be adopted and that same be numbered Resolution Proposed resolution (R-18-12) by the Council: Titled: A RESOLUTION APPROVING RECEIPT OF ORAL SUB GRANT FUNDS FOR FY 2012 BY THE BOISE POLICE DEPARTMENT, THROUGH THE IDAHO ATTORNEY GENERAL S OFFICE, FROM THE OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION AS PART OF THE IDAHO INTERNET CRIMES AGAINST CHILDREN TASK FORCE; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-18-12) be adopted and that same be numbered Resolution Proposed resolution (R-19-12) by the Council: Titled: A RESOLUTION RATIFYING THE CONTRACT FOR COMMUNICATION AND DISPATCH SERVICES BETWEEN THE CITY OF BOISE CITY FIRE DEPARTMENT AND ADA COUNTY, RATIFYING THE MAYOR AND CITY CLERK S EXECUTION AND ATTESTATION OF SAID CONTRACT ON BEHALF OF THE CITY OF BOISE CITY; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-19-12) be adopted and that same be numbered Resolution

9 85 Proposed resolution (R-20-12) by the Council: Titled: A RESOLUTION APPROVING THE DATA TRANSFER AGREEMENT BETWEEN ADA COUNTY AND CITY OF BOISE FOR DELIVERY OF CERTAIN COUNTY COMPUTERIZED DATA ELEMENTS FOR FY 2012; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-20-12) be adopted and that same be numbered Resolution Proposed resolution (R-21-12) by the Council: Titled: A RESOLUTION APPROVING THE INTERFACE AGENCY AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF BOISE FOR ACCESS TO CERTAIN COUNTY COMPUTERIZED RECORDS FY 2012; APPROVING EXPENDITURE OF $27,000 FOR DATA ACCESS; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-21-12) be adopted and that same be numbered Resolution Proposed resolution (R-22-12) by the Council: Titled: A RESOLUTION APPROVING THE RENEWAL OF RFP AA, MISCELLANEOUS LEGAL SERVICES BETWEEN THE CITY OF BOISE CITY (BOISE CITY ATTORNEY S OFFICE) AND ANDERSON, JULIAN & HULL; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY

10 86 EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full. Moved by JORDAN and seconded by EBRELE that the proposed resolution (R-22-12) be adopted and that same be numbered Resolution Proposed resolution (R-23-12) by the Council: Titled: A RESOLUTION APPROVING THE RENEWAL OF RFP BB, MISCELLANEOUS LEGAL SERVICES BETWEEN THE CITY OF BOISE CITY (BOISE CITY ATTORNEY S OFFICE) AND COOPER & LARSEN; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-23-12) be adopted and that same be numbered Resolution Proposed resolution (R-24-12) by the Council: Titled: A RESOLUTION APPROVING THE RENEWAL OF RFP CC, MISCELLANEOUS LEGAL SERVICES BETWEEN THE CITY OF BOISE CITY (BOISE CITY ATTORNEY S OFFICE) AND ELAM & BURKE; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-24-12) be adopted and that same be numbered Resolution

11 87 Proposed resolution (R-25-12) by the Council: Titled: A RESOLUTION APPROVING THE RENEWAL OF RFP EE, MISCELLANEOUS LEGAL SERVICES BETWEEN THE CITY OF BOISE CITY (BOISE CITY ATTORNEY S OFFICE) AND MICHAEL KANE & ASSOCIATES; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-25-12) be adopted and that same be numbered Resolution Proposed resolution (R-26-12) by the Council: Titled: A RESOLUTION APPROVING THE RENEWAL OF RFP FF, MISCELLANEOUS LEGAL SERVICES BETWEEN THE CITY OF BOISE CITY (BOISE CITY ATTORNEY S OFFICE) AND MOORE & ELIA LLP; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-26-12) be adopted and that same be numbered Resolution Proposed resolution (R-27-12) by the Council: Titled: A RESOLUTION APPROVING THE RENEWAL OF RFP GG, MISCELLANEOUS LEGAL SERVICES BETWEEN THE CITY OF BOISE CITY (BOISE CITY ATTORNEY S OFFICE) AND PERKINS COIE;

12 88 AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-27-12) be adopted and that same be numbered Resolution Proposed resolution (R-28-12) by the Council: Titled: A RESOLUTION APPROVING THE RENEWAL OF RFP HH, MISCELLANEOUS LEGAL SERVICES BETWEEN THE CITY OF BOISE CITY (BOISE CITY ATTORNEY S OFFICE) AND SKINNER FAWCETT; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-28-12) be adopted and that same be numbered Resolution Proposed resolution (R-29-12) by the Council: Titled: A RESOLUTION APPROVING THE RENEWAL OF RFP II, MISCELLANEOUS LEGAL SERVICES BETWEEN THE CITY OF BOISE CITY (BOISE CITY ATTORNEY S OFFICE) AND EBERLE, BERLIN, KADING, TURNBOW & MCKLVEEN; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-29-12) be adopted and that same be numbered Resolution

13 89 Proposed resolution (R-30-12) by the Council: Titled: A RESOLUTION APPROVING THE RENEWAL OF RFP JJ, MISCELLANEOUS LEGAL SERVICES BETWEEN THE CITY OF BOISE CITY (BOISE CITY ATTORNEY S OFFICE) AND TROUT, JONES, GLEDHILL, FUHRMAN, P.A.; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-30-12) be adopted and that same be numbered Resolution Proposed resolution (R-31-12) by the Council: Titled: A RESOLUTION APPROVING THE RENEWAL OF RFP KK, MISCELLANEOUS LEGAL SERVICES BETWEEN THE CITY OF BOISE CITY (BOISE CITY ATTORNEY S OFFICE) AND CAREY PERKINS LLP; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-31-12) be adopted and that same be numbered Resolution Proposed resolution (R-32-12) by the Council: Titled: A RESOLUTION APPROVING THE RENEWAL OF RFP (A); AVIATION MARKETING AND BUSINESS DEVELOPMENT SERVICES

14 90 BETWEEN THE CITY OF BOISE CITY (AVIATION DEPARTMENT) AND MEAD & HUNT, INC.; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-32-12) be adopted and that same be numbered Resolution Proposed resolution (R-33-12) by the Council: Titled: A RESOLUTION APPROVING THE RENEWAL OF RFP (C); AVIATION MARKETING AND BUSINESS DEVELOPMENT SERVICES BETWEEN THE CITY OF BOISE CITY (AVIATION DEPARTMENT) AND INTERVISTAS CONSULTING, LLC.; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-33-12) be adopted and that same be numbered Resolution Proposed resolution (R-34-12) by the Council: Titled: A RESOLUTION APPROVING THE RENEWAL OF RFP (B); AVIATION MARKETING AND BUSINESS DEVELOPMENT SERVICES BETWEEN THE CITY OF BOISE CITY (AVIATION DEPARTMENT) AND SIMAT, HELLIESEN & EICHNER; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-34-12) be adopted and that same be numbered Resolution

15 91 Proposed resolution (R-35-12) by the Council: Titled: A RESOLUTION APPROVING THE RENEWAL OF RFP (E); AVIATION MARKETING AND BUSINESS DEVELOPMENT SERVICES BETWEEN THE CITY OF BOISE CITY (AVIATION DEPARTMENT) AND SIXEL CONSULTING GROUP; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-35-12) be adopted and that same be numbered Resolution Proposed resolution (R-36-12) by the Council: Titled: A RESOLUTION APPROVING THE RENEWAL OF RFP (F); AVIATION MARKETING AND BUSINESS DEVELOPMENT SERVICES BETWEEN THE CITY OF BOISE CITY (AVIATION DEPARTMENT) AND SABRE AIRLINE SOLUTIONS; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-36-12) be adopted and that same be numbered Resolution Proposed resolution (R-37-12) by the Council:

16 92 Titled: A RESOLUTION APPROVING THE RENEWAL OF RFP ; BODY & PAINT REPAIR BETWEEN THE CITY OF BOISE CITY (DEPARTMENT OF FINANCE AND ADMINISTRATION DEPARTMENT) AND LITHIA BODY & PAINT; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-37-12) be adopted and that same be numbered Resolution Proposed resolution (R-38-12) by the Council: Titled: A RESOLUTION APPROVING AN AGREEMENT FOR FB ; LANDER STREET COMPLIANCE PROJECT, LSP-056 BETWEEN THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT) AND JC CONSTRUCTORS, INC.; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-38-12) be adopted and that same be numbered Resolution Proposed resolution (R-39-12) by the Council: Titled: A RESOLUTION APPROVING THE RENEWAL OF RFP MM MISCELLANEOUS LEGAL SERVICES BETWEEN THE CITY OF BOISE CITY (BOISE CITY ATTORNEY S OFFICE) AND LOPEZ & KELLY, PLLC; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-39-12) be adopted and that same be numbered Resolution

17 93 Proposed resolution (R-40-12) by the Council: Titled: A RESOLUTION APPROVING THE RENEWAL OF RFP ; FINANCIAL ADVISOR SERVICES BETWEEN THE CITY OF BOISE CITY (DEPARTMENT OF FINANCE AND ADMINISTRATION) AND PUBLIC FINANCIAL MANAGEMENT, INC.; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-40-12) be adopted and that same be numbered Resolution Proposed resolution (R-41-12) by the Council: Titled: A RESOLUTION APPROVING AN UPDATED SOLID WASTE CUSTOMER FEE SCHEDULE FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION SERVICES INCLUDING A FEE REDUCTION FOR GLASS COLLECTION SERVICES; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-41-12) be adopted and that same be numbered Resolution Proposed resolution (R-42-12) by the Council:

18 94 Titled: A RESOLUTION APPROVING A PUBLIC RIGHT-OF-WAY EASEMENT (SIDEWALK) BY AND BETWEEN THE CITY OF BOISE CITY ( LICENSEE ), 9TH AND RIVER, LLC ( LESSEE ) AND THE ADA COUNTY HIGHWAY DISTRICT ( ACHD ) GRANTING AN EASEMENT ON, OVER AND ACROSS A PORTION OF PROPERTY, COMMONLY KNOWN AS 708 SOUTH 8TH STREET, BOISE, ADA COUNTY, IDAHO OWNED BY THE CITY OF BOISE AND LEASED BY LESSEE FOR USE AS A SIDEWALK; RESERVING A RIGHT OF ACCESS ACROSS THE SERVIENT ESTATE FOR USE BY THE CITY S AND LESSEE S EMPLOYEES, AGENTS AND CONTRACTORS; PROVIDING FOR INDEMNIFICATION BY LESSEE; 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. proposed resolution (R-42-12) be adopted and that same be numbered Resolution Proposed resolution (R-43-12) by the Council: Titled: A RESOLUTION APPROVING A STORM WATER DRAINAGE LICENSE AGREEMENT BY AND BETWEEN THE CITY OF BOISE CITY ( LICENSEE ), 9TH AND RIVER, LLC ( LESSEE ) AND THE ADA COUNTY HIGHWAY DISTRICT ( ACHD ) FOR JOINT USE BY LICENSEE AND LESSEE OF THE RIGHT-OF-WAY LOCATED ON FOUR (4) PARCELS OF LAND OWNED BY THE CITY OF BOISE AND SITUATED IN DAVIS ADDITION, BOISE, ADA COUNTY, IDAHO, FOR THE CONSTRUCTION, RECONSTRUCTION, REPAIR, MAINTENANCE AND REPLACEMENT OF THE UNDERGROUND DRAIN PIPE CONNECTING LICENSEE S PROPERTY WITH THE ACHD STORM DRAIN SYSTEM AND TO DISCHARGE STORM WATER SURFACE RUN-OFF FROM LICENSEE S PROPERTY INTO THE ACHD DRAINAGE SYSTEM; 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. proposed resolution (R-43-12) be adopted and that same be numbered Resolution

19 95 Proposed resolution (R-44-12) by the Council: Titled: A RESOLUTION APPROVING A CONCESSION OPERATING AGREEMENT BETWEEN BOISE CITY (DEPARTMENT OF AVIATION) AND MASSAGE BAR, INC. FOR THE PROVISION OF MASSAGE SERVICES TO THE PASSENGERS AND TENANTS IN THE BOISE AIRPORT TERMINAL BUILDING UPON BOISE AIRPORT (GOWEN FIELD); AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF BOISE CITY; AND PROVIDING AN EFFECTIVE DATE. proposed resolution (R-44-12) be adopted and that same be numbered Resolution Councilmember THOMSON requested unanimous consent that proposed ordinance (O-4-12) be removed from the agenda and be brought back to Council for the January 31, 2012 City Council Meeting. Unanimous consent was granted. Proposed ordinance (O-4-12) by the Council: Titled: AN ORDINANCE AMENDING THE SOLID WASTE FRANCHISE AGREEMENT BY AND BETWEEN THE CITY OF BOISE AND REPUBLIC SERVICES OF BOISE (FORMERLY ALLIED WASTE SERVICES, INC.) TO INCLUDE AN ADDENDUM TO THE SOLID WASTE FRANCHISE AGREEMENT PROVIDING OR COLLECTION OF ADDITIONAL RECYCLABLE MATERIALS (GLASS); AND AN UPDATED RATE SCHEDULE FOR REIMBURSEMENT TO REPUBLIC FOR SOLID WASTE COLLECTION AND DISPLSAL SERVICES; AND REPEALING THE PRIOR REPULIC REIMBURSEMENT REATE SCHEDULE ESTABLISED BY ORDINANCE 6825; AND PROVIDNG AN EFFECTIVE DATE. 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.

20 96 Proposed ordinance (O-2-12) by the Council: Titled: AN ORDINANCE (CAR / LARSON ARCHITECTS FOR PROPERTY LOCATED AT S. POND 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-1B (SINGLE FAMILY RESIDENTIAL) TO R-1C (SINGLE FAMILY RESIDENTIAL); SETTING FORTH A REASONED STATEMENT IN SUPPORT OF SUCH ZONE CHANGE; AND PROVIDING AN EFFECTIVE DATE, was read for the first time. Proposed ordinance (O-3-12) by the Council: Titled: AN ORDINANCE (CAR / STORY COMMERCIAL, LLC, FOR PROPERTY LOCATED AT W. OVERLAND 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 L-OD/DA (LIMITED OFFICE WITH DESIGN REVIEW AND A DEVELOPMENT AGREEMENT); SETTING FORTH A REASONED STATEMENT IN SUPPORT OF SUCH ZONE CHANGE; 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-1-12) by the Council: Titled: AN ORDINANCE REPEALING AND REENACTING BOISE CITY CODE TITLE 5, CHAPTER 24 (TAXICABS) TO ESTABLISH NEW REGULATIONS AND STANDARDS REGARDING TAXICAB BUSINESSES, VEHICLES AND DRIVERS; TO PROVIDE FOR FINDINGS AND STATEMENT OF PURPOSE; TO SET FORTH DEFINITIONS OF KEY ORDINANCE TERMS; TO REQUIRE LICENSES FOR TAXICAB BUSINESSES, TAXICAB VEHICLES AND TAXICAB DRIVERS AND ESTABLISHING APPLICATION STANDARDS AND REQUIREMENTS AND EXPIRATION AND RENEWAL PROVISIONS FOR EACH LICENSE CATEGORY; SETTING FORTH PROVISIONS FOR LICENSE TRANSFERS; PROVIDING FOR LICENSE FEES; ESTABLISHING

21 97 STANDARDS AND PROCESSES FOR LICENSE DENIALS, REVOCATIONS AND SUSPENSIONS; ESTABLISHING AN APPEAL PROCESS FOR LICENSE DENIALS, REVOCATIONS AND SUSPENSIONS; SETTING FORTH STANDARDS FOR TAXICAB VEHICLES LICENSED BY OTHER MUNICIPALITIES; REQUIRING TAXICAB VEHICLE INSURANCE; ESTABLISHING TAXICAB VEHICLE AGE AND USAGE LIMITATIONS AND STANDARDS AND REQUIRING VEHICLE INSPECTIONS IN COMPLIANCE WITH ESTABLISHED STANDARDS; SETTING FORTH IMMEDIATE OUT-OF- SERVICE PROVISIONS; PROVIDING FOR RATE AND FARE CONTROLS; REQUIRING THE MAINTENANCE OF DAILY RECORDS; PROVIDING FOR THE ESTABLISHMENT OF TAXICAB STANDS; PROVIDING FOR THE ESTABLISHMENT OF NO PICKUP/DROP-OFF ZONES; SETTING FORTH TAXICAB DRIVER DRESS CODE STANDARDS; SETTING FORTH CERTAIN ACTS AND OMISSIONS WHICH SHALL BE DEEMED UNLAWFUL; PROVIDING THAT VIOLATIONS OF THE ORDINANCE SHALL CONSTITUTE A MISDEMEANOR UNLESS SPECIFICALLY IDENTIFIED AS AN INFRACTION; APPROVING A SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE, was read for the second time. Councilmember JORDAN requested unanimous consent that ordinance on first and second reading be read by number and title only and filed for the Third Reading Calendar. Unanimous consent was granted. Proposed ordinance (O-5-12) by the Council: Titled: AN ORDINANCE AMENDING TITLE 1, CHAPTER 6, SECTIONS 3 AND 10, BOISE CITY CODE, TO PROVIDE FOR AN EX-OFFICIO TREASURER; AND PROVIDING AN EFFECTIVE DATE. Moved by JORDAN and seconded by EBERLE that further reading of (O-37-12) be dispensed with and the record show that they have been read the third time in full. Proposed ordinance (O-37-12) by the Council:

22 98 Titled: AN ORDINANCE AMENDING TITLE 5, CHAPTER 33, SECTION 07, SUBSECTION A, BOISE CITY CODE TO ADD AN EXEMPTION FROM THE LICENSED CHILD CARE WORKER-TO-CHILD RATIO FOR MONTESSORI SCHOOLS THAT ARE ACCREDITED BY A LEGITIMATE MONTESSORI ACCREDITING AUTHORITY; AND PROVIDING AN EFFECTIVE DATE, was read for the third time. proposed ordinance (O-37-12) be passed and that the same be numbered Ordinance Moved by JORDAN and seconded by EBERLE to move into Executive Session in accordance with Idaho Code (1)(b)(d)(f) for the purposes of discussing Personnel, Records Exempt from Public Disclosure, Pending/Probable Litigation to discuss legal advice related to the enforcement of a City ordinance. Moved by JORDAN and seconded by CLEGG to move into the regularly scheduled City Council meeting. Mayor BIETER announced that this was the time and place set for Tour of City Hall Code Improvement Project. Moved by JORDAN and seconded by CLEGG that the Boise City Council meeting be adjourned at 2:56 o'clock P.M. YEAS:

23 99 APPROVE: MAYOR ATTEST: CITY CLERK