BOISE, IDAHO OCTOBER 28, Council met in regular session Tuesday, October 28, 2003, Mayor CAROLYN TERTELING-PAYNE, presiding.

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1 61 BOISE, IDAHO Council met in regular session Tuesday, October 28, 2003, Mayor CAROLYN TERTELING-PAYNE, presiding. Roll call showed the following members present: BISTERFELDT, FORNEY, JORDAN, MAPP and MASON. Absent: SHEALY. minutes from the October 21, 2003, City Pre-Council Meeting be approved. minutes from the October 21, 2003, City Council Meeting be approved. Councilmember SHEALY arrived at 12:01 P.M. Mayor TERTELING-PAYNE announced that it was the time and place set for the appointment of Zackariah Gonzales to the Boise City/Ada County Housing Authority Board of Directors as a youth member to fill a one-year term to expire on May 31, appointment of Zackariah Gonzales to the Boise City/Ada County Housing Authority Board of Directors as a youth member to fill a one-year term to expire on May 31, 2004 be approved. YEAS: BISTERFELDT, FORNEY, JORDAN, MAPP and MASON. ABSTAIN: SHEALY.

2 62 Mayor TERTELING-PAYNE announced that it was the time and place set for the appointment of Kimberly Russell to the Boise City Development Impact Fee Advisory Committee as a youth member to fill a one-year term to expire on May 31, appointment of Kimberly Russell to the Boise City Development Impact Fee Advisory Committee as a youth member to fill a one-year term to expire on May 31, 2004 be approved. YEAS: BISTERFELDT, FORNEY, JORDAN, MAPP and MASON. ABSTAIN: SHEALY. Mayor TERTELING-PAYNE announced that it was the time and place set for the appointment of Jackeline Rodriguez to the Boise City Board of Parks and Recreation Commission as a youth member to fill a one-year term to expire on May 31, appointment of Jackeline Rodriguez to the Boise City Board of Parks and Recreation Commission as a youth member to fill a one-year term to expire on May 31, 2004 be approved. YEAS: BISTERFELDT, FORNEY, JORDAN, MAPP and MASON. ABSTAIN: SHEALY. Mayor TERTELING-PAYNE announced that it was the time and place set for the reappointment of Catherine M. Sewell and Clayton Carley to the Boise City Historic Preservation Commission to fill three-year terms to expire on October 28, reappointment of Catherine M. Sewell and Clayton Carley to the Boise City Historic Preservation Commission to fill three-year terms to expire on October 28, 2006 be approved.

3 63 YEAS: BISTERFELDT, FORNEY, JORDAN, MAPP and MASON. ABSTAIN: SHEALY. time and place set for a discussion regarding the State Street Options. Kathleen Lacey, Planning and Development Services, presented the staff report. Councilmember BISTERFELDT announced that this was the time and place set for the discussion on the Police Department vests. Don Pierce, Boise Police Department, addressed the Council regarding the Police Department vests purchased from Second Chance that may be faulty and requested that the vests be replaced. Councilmember BISTERFELDT requested unanimous consent that staff be directed to start the procurement process for new vests immediately. Unanimous consent was granted. Moved by BISTERFELDT and seconded by FORNEY that Legal staff be directed to look into getting reimbursed by Second Chance for the faulty vests and to send them back to them once we have the new vests. time and place set for Arts and Economic Prosperity Update. Julie Numbers-Smith, Boise Arts Commission, presented the staff report.

4 64 time and place set for the Boise River Whitewater Park Update. Tom Governale, Parks and Recreation Department, presented the staff report. Dr. David Peterman, Dr. Paul Collins and Tom Baskin, Parks and Recreation Commission, addressed the Council in support of a Boise River Whitewater Park. Moved by FORNEY and seconded by JORDAN that the Boise River Whitewater Park Concept be endorsed and approve the plan and that they continue to work with the Parks and Recreation Department. Councilmember MAPP requested unanimous consent to move to the Consent Agenda on today's agenda. Unanimous consent was granted. Boise City Checks No thru in the total amount of $4,160, as of October 22, 2003 be approved. Request for Award of Proposal; 04-CON-009: Investment Banker (Underwriter) Services for the Airport Parking Garage Expansion Financing were before Mayor and Council as enumerated in staff report dated October 10, RECOMMENDATION: The Purchasing Division concurs with the Division of Financial Management in recommending that Award of Proposal; 04-CON-009: Investment Banker (Underwriter) Services for the Airport Parking Garage Expansion Financing be awarded to best qualified proposer, UBS Financial Services.

5 65 recommendations be followed and the bid be awarded to UBS Financial Services. The Bid Results for Award of Proposal; 04-CON-010: Trustee Services for the Airport Parking Garage Expansion Financing were before Mayor and Council as enumerated in staff report dated October 13, RECOMMENDATION: The Purchasing Division concurs with the Division of Financial Management in recommending that Award of Proposal; 04-CON-010: Trustee Services for the Airport Parking Garage Expansion Financing be granted to the best qualified proposer, U.S. Bank. recommendations be followed and the bid be awarded to U.S. Bank. Authorization to Procure Microsoft Software from ASAP Software Express off State Contract #SBPO1116, Purchasing Contract 04-CON-014 were before Mayor and Council as enumerated in staff report dated October 10, RECOMMENDATION: The Purchasing Division concurs with IT Division in recommending that Authorization to Procure Microsoft Software from ASAP Software Express off State Contract #SBPO1116, Purchasing Contract 04-CON-014 be granted ASAP Software Express, in a total amount not to exceed $150,000. recommendations be followed and the bid be awarded to ASAP Software Express, in a total amount not to exceed $150,000.

6 66 The City Clerk requested the following claims(s) be acknowledged and referred to the office of the Treasurer: a) Pamela J. Harris, Personal Injury b) Thomas Catalino, Property Damage and Personal Injury c) Christina M. Martindale, Property Damage d) A. Scott Black, Property Damage 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) Public Safety Liaison Team Minutes, October 2, 2003 b) Boise City Public Works Commission Minutes, August 14, 2003 c) Boise City Design Review Committee Minutes, August 13, 2003 minutes, reports and requests be received and directed filed in the office of the City Clerk as requested. Proposed ordinance (O-68-03) by the Council: Titled: AN ORDINANCE (CAR /HEARTLAND DEVELOPMENT) AMENDING TITLE 11, CHAPTER 15, BOISE CITY CODE, TO ADOPT A REVISED AREA OF IMPACT BOUNDARY MAP; AND PROVIDING AN EFFECTIVE DATE, was read for the first time.

7 67 Proposed ordinance (O-69-03) by the Council: Titled: AN ORDINANCE APPROVING THE DISPOSITION OF APPROXIMATELY 187,704 SQUARE FEET OF REAL PROPERTY TO THE ADA COUNTY HIGHWAY DISTRICT (ACHD) FOR ADDITIONAL RIGHT-OF- WAY AND PERMANENT SLOPE EASEMENT PURPOSES, LOCATED UPON OR NEAR VICTORY ROAD AND COLE ROAD, IN ADA COUNTY, IDAHO, BELONGING TO BOISE CITY, WHICH HAS CEASED TO BE USED FOR A CITY PURPOSE, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST ON BEHALF OF BOISE CITY, MULTIPLE PURCHASE AND SALE AGREEMENTS, DEEDS TO THE SUBJECT PROPERTY, AND RELATED DOCUMENTS; APPROVING A SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE, was read for the first time. Proposed resolution (R ) by the Council: Titled: A RESOLUTION TO APPROVE AN AMENDED AGREEMENT BETWEEN THE DEPARTMENT OF PLANNING AND DEVELOPMENT SERVICES OF THE CITY OF BOISE CITY AND NEIGHBORHOOD HOUSING SERVICES, INC. FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO SUPPORT A PERMANENT SUPPORTIVE HOUSING PROGRAM FOR VERY-LOW, LOW AND MODERATE INCOME BOISE CITY RESIDENTS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING A T-HANGAR LEASE BETWEEN BOISE CITY AND EAGLE WEB PRESS (BARRETT SMITH) FOR THE PREMISES UPON 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.

8 68 proposed resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING A REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT) AND BOWN CROSSING, LLC FOR THE EXTENSION OF SEWER TO SERVE THE RIVERWALK SUBDIVISION; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID REIMBURSEMENT AGREEMENT ON BEHALF OF BOISE CITY; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING AN OPEN ACCESS AGREEMENT BY AND BETWEEN THE CITY OF BOISE, BOISE PUBLIC LIBRARY AND THE ADA COUNTY FREE LIBRARY DISTRICT, ADA COMMUNITY LIBRARY COMPENSATING ADA COUNTY FREE LIBRARY DISTRICT FOR ACCESS TO ITS LIBRARY BY BOISE CITY RESIDENTS; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution

9 69 Proposed resolution (R ) by the Council: Titled: A RESOLUTION APPROVING AN OPEN ACCESS AGREEMENT BY AND BETWEEN THE CITY OF BOISE, BOISE PUBLIC LIBRARY AND THE CITY OF EAGLE, EAGLE PUBLIC LIBRARY COMPENSATING CITY OF EAGLE FOR ACCESS TO ITS LIBRARY BY BOISE CITY RESIDENTS; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) 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 ; MISCELLANEOUS GEOTECHNICAL ENGINEERING SERVICES, PUBLIC WORKS DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND KLEINFELDER, INC.; AND PROVIDING AN EFFECTIVE DATE. proposed resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) 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 A; TREE REMOVAL, PARKS AND RECREATION DEPARTMENT COMMUNITY FORESTRY DIVISION, BETWEEN THE CITY OF BOISE CITY

10 70 AND QUALITREE, INC.; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution Proposed resolution (R ) by the Council: Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE, ON BEHALF OF THE CITY OF BOISE, BOISE CITY CONTRACT NUMBER 04-CON-014; AN AGREEMENT FOR THE PURCHASE OF MICROSOFT DIRECT FROM MICROSOFT (MICROSOFT ENROLLMENT AGREEMENT), FROM A STATE OF IDAHO CONTRACT, CUSTOMER AND SUPPORT SERVICES DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND MICROSOFT; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R ) be adopted and that same be numbered Resolution Councilmember MAPP requested unanimous consent to move to New Business on today's agenda. Unanimous consent was granted. Eyrie Canyon Subdivision No. 2 SUB , Boise City request for Bonding Time Extension was before Mayor and Council. Moved by MAPP and seconded by JORDAN that Eyrie Canyon Subdivision No. 2 SUB Bonding Time Extension, Boise City be granted as requested subject to conditions stated in staff report dated October 22, 2003.

11 71 YEAS: DeHaviland Square Subdivision SUB , Boise City request for Final Plat was before Mayor and Council. Moved by MAPP and seconded by JORDAN that DeHaviland Square Subdivision SUB Final Plat, Boise City be granted as requested subject to conditions stated in staff report dated October 22, YEAS: BISTERFELDT, FORNEY, JORDAN, MAPP and SHEALY. NAYS: MASON. Flyway Park Subdivision No. 2 SUB , Ada County request for Preliminary Plat was before Mayor and Council. Moved by MAPP and seconded by JORDAN that Flyway Park Subdivision No. 2 SUB Preliminary Plat, Ada County be recommended as requested subject to conditions stated in staff report dated October 22, YEAS: time and place set for a discussion on the Contract for Real Estate Negotiations. Don Pierce, Boise Police; Bill Albert, Purchasing and Roger Cockerille, Legal, presented the staff report regarding an extenuating circumstance and to not go thru the bid cycle. Councilmember FORNEY left at 1:20 P.M. time and place set for 2004 Health Renewal.

12 72 report. Carla Miller, Human Resources, presented the staff 2004 Health Renewal Plan as presented by staff be accepted. YEAS: BISTERFELDT, JORDAN, MAPP, MASON and SHEALY. Councilmember FORNEY returned at 1:27 P.M. time and place set for the CDBG Allocations. Tim Hogland; Anamarie Kesling and Jim Fackrell, Planning and Development Services Department, presented the staff report and the recommendations of the CDBG Advisory Board. time and place set for CAR /Boise City: Final Decision and Adoption of Findings of Fact and Conclusions of Law. Moved by MAPP and seconded by SHEALY that the Findings of Fact and Conclusions of Law regarding CAR /Boise City be approved with the exclusion of the Gowen Industrial Park. YEAS: FORNEY, JORDAN, MAPP, MASON and SHEALY. NAYS: BISTERFELDT. Moved by MAPP and seconded by FORNEY that staff be directed to review the entire Gowen Industrial Park separately and come back to the Council with a report and recommendation. YEAS: FORNEY, JORDAN, MAPP, MASON and SHEALY. NAYS: BISTERFELDT.

13 73 Moved by SHEALY and seconded by FORNEY to ratify the decision of Mayor TERTELING-PAYNE regarding personnel at the Aviation and Public Transportation Department. YEAS: BISTERFELDT, FORNEY, JORDAN, MAPP and SHEALY. NAYS: MASON. Moved by BISTERFELDT and seconded by JORDAN to move into Executive Session in accordance with Idaho Code (1)(c) for the purposes of discussing land acquisition. Moved by MAPP and seconded by MASON to move into the regularly scheduled Council meeting. There being no further business the meeting adjourned at 2:45 o'clock P.M. APPROVE: MAYOR ATTEST: CITY CLERK