BOISE, IDAHO OCTOBER 15, Council met in regular session Tuesday, October 15, 2002, Mayor BRENT COLES, presiding.

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12 BOISE, IDAHO Council met in regular session Tuesday, October 15, 2002, Mayor BRENT COLES, presiding. Roll call showed the following members present: Absent: BISTERFELDT. Clerk. Invocation was given by Annette P. Mooney, Boise City Moved by FORNEY and seconded by MAPP that the minutes from the October 8, 2002, City Council Meeting be approved. Mayor COLES announced that it was the time and place set for the appointment of John May to the Boise City Capitol City Development Corporation to fill a new five-year term to expire October 16, 2007. Moved by MAPP and seconded by FORNEY that the appointment of John May to the Boise City Capitol City Development Corporation to fill a new five-year term to expire October 16, 2007 be approved. FORNEY, MAPP, MASON and TERTELING-PAYNE. ABSTAIN: WETHERELL. Boise City Checks No. 111065 thru 111717 in the total amount of $2,849,062.84 as of October 9, 2002 be approved.

13 Request for Approval of Increase in the Not To Exceed Total for RFP 99-002B, and Approval of Amendment One to Task Order CE-36-A-1 for RFP 99-002B; Miscellaneous Civil Engineering Services were before Mayor and Council as enumerated in staff report dated September 30, 2002. RECOMMENDATION: The Purchasing Division concurs with Public Works in recommending that Approval of Increase to $600,000 from the previous limit of $450,000, and the approval of Amendment One to Task Order CE-36-A-1 for RFP 99-002B; Miscellaneous Civil Engineering Services to increase the annual contract amount of the 1999 Contract in the amount of $50,349 to cover any increases needed now and in the future for this project to JUB Engineering, Inc. recommendations be followed and the bid be awarded to JUB Engineering, Inc. in an increase to $600,000 and increase of the annual contract amount of the 1999 Contract in the amount of $50,349, until the SW Relief Sewer project is completed. The Bid Results for F/B 02-114B: Boise Airport Continuation of Telephone Services were before Mayor and Council as enumerated in staff report dated October 2, 2002. RECOMMENDATION: The Purchasing Division concurs with Aviation and Public Transportation in recommending that F/B 02-114B: Boise Airport Continuation of Telephone Services be awarded to the lowest responsive and responsible bidder, Qwest Corporation, in a total amount of $210,270.00. recommendations be followed and the bid be awarded to Qwest Corporation, in a total amount of $210,270.00, subject to compliance with bonding and insurance requirements.

14 The Bid Results for F/B 02-124: Bulk and Bagged Dry Polymer were before Mayor and Council as enumerated in staff report dated September 27, 2002. RECOMMENDATION: The Purchasing Division concurs with Public Works in recommending that F/B 02-124: Bulk and Bagged Dry Polymer be awarded to the lowest responsive and responsible bidders, Polydyne, Inc., in a total amount not to exceed $97,754 and to Ciba Specialty Chemical Corporation, in a total amount not to exceed $12,862. recommendations be followed and the bid be awarded to Polydyne, Inc., in a total amount not to exceed $97,754 and to Ciba Specialty Chemical Corporation, in a total amount not to exceed $12,862. Request for Sole Source Approval and Approval of Boise City Purchasing Contract 02-CON-132: Division of Financial Management, to Negotiate a Contract for Business Intelligence Software, Implementation and Consulting Services was before Mayor and Council as enumerated in staff report dated October 9, 2002. RECOMMENDATION: The Purchasing Division concurs with the Division of Financial Management in recommending that Request for Sole Source Approval and Approval of Boise City Purchasing Contract 02- CON-132: Division of Financial Management, to Negotiate a Contract for Business Intelligence Software, Implementation and Consulting Services be awarded to ProClarity, Corporation, in an annual total amount of $200,990. recommendations be followed and the contract be awarded to ProClarity, Corporation, in an annual total amount of $200,990.

15 The City Clerk requested the following claims(s) be acknowledged and referred to the office of the Treasurer: a) Merritt Shaw, Property Damage claim(s) be acknowledged and referred to the office of the Treasurer as requested. The City Clerk requests the following applications for Alcohol Beverage Catering Permits be acknowledged and approved: a) Tablerock Brew Pub regarding BSU Tailgate Party at BSU Alumni Association, 1910 University Drive on October 18, 2002 Alcohol Beverage Catering Permits 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) Ada County Highway District Commission Minutes, September 11, 2002 b) Airport Commission Minutes, August 22 and September 18, 2002

16 c) Boise City Building Construction Report, Calendar Report, Jan.-Sept. 2002 d) Boise City Building Construction Report, Fiscal Report, Oct.-Sept. 2002 e) Boise City Building Construction Report, September 2002 f) Community Ombudsman Mid-Year Report, Jan.-June 2002 g) Boise City/Ada County Housing Authority Minutes, June 12, July 8, July 24 and August 14, 2002 h) Ada County Housing Authority Resolution 226, 227 and 228 i) Boise City Housing Authority Resolution 385, 386, 387 and 388 minutes, reports and requests be received and directed filed in the office of the City Clerk as requested. Proposed resolution (R-431-02) by the Council: BISTERFELDT, Titled: A RESOLUTION APPROVING A COMMERCIAL REAL ESTATE TRANSACTION BY AUTHORIZING THE MAYOR OF BOISE CITY TO ENTER INTO A PURCHASE AND SALE AGREEMENT FOR THE PROPERTY OF J.D. ALDECOA AND SONS FOR THE PURPOSE OF DEVELOPING AN INDUSTRIAL PARK; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-431-02) be adopted and that same be numbered Resolution 17265. Proposed resolution (R-440-02) by the Council: BISTERFELDT,

17 Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE, ON BEHALF OF THE CITY OF BOISE, AMENDMENT ONE TO TASK ORDER NUMBER CE-36 TO RFP 99-002B; MISCELLANEOUS CIVIL ENGINEERING SERVICES, PUBLIC WORKS, BETWEEN THE CITY OF BOISE CITY AND J-U-B ENGINEERS, INC.; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-440-02) be adopted and that same be numbered Resolution 17266. Proposed resolution (R-441-02) by the Council: BISTERFELDT, Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF BOISE, AN AGREEMENT FOR F/B 02-114B; TELEPHONE SERVICE ENTRANCE AND CONTINUITY OF TELEPHONE SERVICES, AVIATION AND PUBLIC TRANSPORTATION DEPARTMENT, BETWEEN THE CITY OF BOISE AND QWEST INTERPRISE AMERICA, INC.; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-441-02) be adopted and that same be numbered Resolution 17267. Proposed resolution (R-450-02) by the Council: BISTERFELDT, Titled: A RESOLUTION DECLARING PROCLARITY CORPORATION TO BE THE SOLE SOURCE PROVIDER FOR BUSINESS INTELLIGENCE SOFTWARE, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF BOISE CITY, DIVISION OF FINANCIAL MANAGEMENT, A CONTRACT FOR 02-CON-132, BETWEEN THE CITY OF BOISE AND PROCLARITY CORPORATION; AND PROVIDING AN EFFECTIVE DATE, was read in full.

18 proposed resolution (R-450-02) be adopted and that same be numbered Resolution 17268. Corona Subdivision SUB02-00040 request for Final Plat was before Mayor and Council. Wayne Gibbs, Planning and Development Services, presented the staff report. Moved by TERTELING-PAYNE and seconded by FORNEY that Corona Subdivision SUB02-00040 Final Plat be granted as requested subject to conditions stated in staff report dated October 2, 2002. Charter Pointe Subdivision SUB02-00055 request for Preliminary Plat was before Mayor and Council. Wayne Gibbs, Planning and Development Services, presented the staff report. Ashley Ford, Hubble Engineering, 701 S. Allen Street, Meridian, applicant representative, addressed the Council in support of Charter Pointe Subdivision. Joan Maddox, 8300 Gantz; Betty Bermensolo, 1970 Canonero; Bill Maddox, 8300 Gantz and Lowell Jones, 7358 Misty Glen, addressed the Council in opposition of the subdivision. Councilmember TERTELING-PAYNE left at 9:10 P.M. Moved by WETHERELL and seconded by MAPP that Charter Pointe Subdivision SUB02-00055 Preliminary Plat be forward this subdivision to Ada County and the recommendations as proposed by the staff as stated in the staff report dated October 8, 2002, but that we also indicate to the County that we feel that to take

19 advantage of the density that the subdivision should include larger units of functional open space within the subdivision; that the lots directly abutting the larger residential lots that are currently existing should be of a larger size; that the berming should exist along Lake Hazel and Maple Grove Roads to protect the subdivision from what will be greater growth and movement on those roads as the property develops in the area; that the City indicate that the general concepts of the comprehensive plan are met, but we want to see the design that creates more functional open space and amenities within the project; that the existing open space area be utilized as a more functional use and that recreational development shall be fazed based upon developed area. Substitute motion by MASON and seconded by FORNEY that Charter Pointe Subdivision SUB02-00055 Preliminary Plat not be recommended for this design and that the entire area be master planned. Roll call on the substitute motion resulted as follows: FORNEY and MASON. NAYS: MAPP and WETHERELL. Tie Vote, Mayor Coles votes NAY. Motion fails. Roll call on the original motion resulted as follows: MAPP and WETHERELL. NAYS: FORNEY and MASON. Tie Vote, Mayor Coles votes YEA. Request for Consent to Vacate Right-of-Way SOS02-00020, 460-foot portion of Chalet Lane and Brady Street between Earle Street and Chrisway Drive was before Mayor and Council. Wayne Gibbs, Planning and Development Services, presented the staff report. Amanda Horton, 1910 University Drive, Boise State University representative, addressed Council in support of the vacation of Right-of-Way. Moved by WETHERELL and seconded by FORNEY that Consent to Vacate Right-of-Way SOS02-00020, 460-foot portion of Chalet Lane and Brady Street between Earle Street and Chrisway Drive be granted

20 as requested subject to conditions stated in staff report dated October 8, 2002. FORNEY, MAPP, MASON and WETHERELL. There being no further business the meeting adjourned at 10:00 o'clock P.M. APPROVE: MAYOR ATTEST: CITY CLERK