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67 BOISE, IDAHO Council met in regular session Tuesday, February 5, 2002, Mayor BRENT COLES, presiding. Roll call showed the following members present: ABSENT: FORNEY. Invocation was given by Director Doug Winberry, Bethel Ministeries. Moved by WETHERELL and seconded by TERTELING-PAYNE that the minutes from the January 29, 2002, City Pre-Council Meeting be approved. Moved by WETHERELL and seconded by TERTELING-PAYNE that the minutes from the January 29, 2002, City Council Meeting be approved. Moved by WETHERELL and seconded by TERTELING-PAYNE that CUP01-00141/Appeal/Dean Gunderson appeal of the Boise City Planning and Zoning Commission's decision to approve a request for a conditional use permit (CUP01-00141/Bobbie Aitchison) to operate an independent living program for up to six adolescent adults between the ages of 18-20 years at 2110 W. State Street be deferred to February 19, 2002.

68 Mayor COLES announced that this was the time and place set for CAR01-00044/Boise City request for approval of an amendment to Title 11, Chapter 3, Sections 6 and 7, to change the appeals hearing process. The amendment would prohibit the submission of new evidence that was not established as part of the record at the lower hearing; limit testimony to staff, the applicant and/or appellant, and those who testified at the lower hearing; and set forth other standards for review. Wayne Gibbs, Planning and Development Services, presented the staff report and briefed the Council on the status of the development. Mike Wardle, 500 Broadway Avenue; Gary Allen, 277 N. 6 th Street, Suite 200; Don Alloway, 3877 Elgin Way; Steve Lord, 800 W. State Street and Mark Hill, North End Neighborhood Association, 1806 N. 19 th Street, committee members, addressed the Council regarding the amendment to the appeals hearing process. Moved by BISTERFELDT and seconded by TERTELING-PAYNE that the committee be given three weeks to complete their recommendations and return them to Wayne Gibbs to review prior to responding to the Council and that a one hour work session be scheduled on February 26, 2002. Mayor COLES announced that it was the time and place set for the appointment of Clint Tate to the Boise City Arts Commission to fill an unexpired three year term to December 18, 2003. Moved by WETHERELL and seconded by TERTELING-PAYNE that the appointment of appointment of Clint Tate to the Boise City Arts Commission to fill an unexpired three year term to December 18, 2003 be approved.

69 <>, 2002 Councilmember TERTELING-PAYNE requested unanimous consent to direct staff to bring a report back to the Council on the status of vandalism of the Armory. Unanimous consent was granted. Boise City Checks No. 090255 thru 090734 in the total amount of $2,165,118.86 as of January 30, 2002 be approved. Request for Sale of a Surplus 1995 Chevrolet Pickup Truck to Robie Creek Volunteer Fire Department was before Mayor and Council as enumerated in staff report dated January 22, 2002. RECOMMENDATION: The Purchasing Division concurs with the Police Department in recommending that a Surplus 1995 Chevrolet Pickup Truck be donated to Robie Creek Volunteer Fire Department. recommendations be followed and the Surplus 1995 Chevrolet Pickup Truck be donated to Robie Creek Volunteer Fire Department. Request for approval of Task Order No. 2 for RFP 02-008e, Design Build Services, First and Second Floor Remodel for Temporary Relocation of City Fire and Legal Departments was before Mayor and Council as enumerated in staff report dated January 22, 2002.

70 RECOMMENDATION: The Purchasing Division recommends that Approval of Task Order No. 2 for RFP 02-008e, Design Build Services, First and Second Floor Remodel for Temporary Relocation of City Fire and Legal Departments be granted to CHSQA, in a total amount not to exceed $88,337. recommendations be followed and the bid be awarded to CHSQA, in a total amount not to exceed $88,337. The Bid Results for F/B 02-036: Alley Sewer Replacement - RSP 124 were before Mayor and Council as enumerated in staff report dated January 14, 2002. RECOMMENDATION: The Purchasing Division concurs with Public Works in recommending that F/B 02-036: Alley Sewer Replacement - RSP 124 be awarded to the lowest responsive and responsible bidder, Bodiford Construction, in a total amount not to exceed $77,503. recommendations be followed and the bid be awarded to Bodiford Construction, in a total amount not to exceed $77,503. The Bid Results for F/B 02-027: Ann Morrison Park Playground Renovation were before Mayor and Council as enumerated in staff report dated January 22, 2002. RECOMMENDATION: The Purchasing Division concurs with the Parks and Recreation in recommending that F/B 02-027: Ann Morrison Park Playground Renovation be awarded to the lowest responsive and responsible bidder, Eagle Landscape Contractors, in a total amount not to exceed $98,662.

71 recommendations be followed and the bid be awarded to Eagle Landscape Contractors, in a total amount not to exceed $98,662. The Bid Results for RFP 02-002: Professional Engineering Services; West Boise Waste Water Treatment Facility Digestion Improvement were before Mayor and Council as enumerated in staff report dated January 14, 2002. RECOMMENDATION: The Purchasing Division concurs with Public Works in recommending that RFP 02-002: Professional Engineering Services; West Boise Waste Water Treatment Facility Digestion Improvement be awarded to the lowest responsive and responsible proposer, Montgomery Watson Harza, in a total amount not to exceed $108,731. recommendations be followed and the bid be awarded to Montgomery Watson Harza, in a total amount not to exceed $108,731. The Bid Results for RFP Approval of Contracts, RFP 01-129a through 01-129f: Automobile Rental Concession Operator were before Mayor and Council as enumerated in staff report dated January 8, 2002. RECOMMENDATION: The Purchasing Division concurs with Aviation and Public Transportation in recommending that RFP Approval of Contracts, RFP 01-129a through 01-129f: Automobile Rental Concession Operator be awarded to Overland West, Inc. (Hertz), Avis Rent A Car System, Inc., Midwest Car Corporation (National), Enterprise Rent A Car Company of Utah, Big D Corporation (Dollar) and Idaho Car Rental, Inc. (Thrifty). recommendations be followed and the bids be awarded to Overland West, Inc. (Hertz), Avis Rent A Car System, Inc., Midwest Car

72 Corporation (National), Enterprise Rent A Car Company of Utah, Big D Corporation (Dollar) and Idaho Car Rental, Inc. (Thrifty). The City Clerk requested the following claims(s) be acknowledged and referred to the office of the Treasurer: a) Judy E. Smith, Property Damage b) Stephen Weiser, Property Damage c) Clemente D. Abrenilla Jr., Personal Injury and Property Damage d) Alice Maxine McClain, Personal Injury e) Richard Esguerra, Personal Injury claim(s) be acknowledged and referred to the office of the Treasurer as requested. The Mayor's Budget Team requests the following recommendation be approved by Council. a) That the project budget for the Consolidated Concrete/McEntee site purchase by increased by $525,000 to $1.525 million to be fully offset by impact fees as recommended by the Parks and Recreation Department. Mayor's Budget Team recommendation be approved as requested.

73 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) Community Planning Association of Southwest Idaho Minutes, November 28, 2001; December 17, 2001; January 7, 2002 and January 9, 2002 b) Ada County Highway District Commission Minutes, December 19, 2001 c) Boise Public Library Board of Trustees Minutes, December 3, 2001 d) Boise Public Library Director's Report, January 2, 2002 e) City of Boise Parking Fund (Grove Street) Statement of Net Assets, December 31, 2001 f) Boise Urban Stages Statement of Net Assets, December 31, 2001 g) Board of Parks and Recreation Commissioners Minutes, November 15, 2001 minutes, reports and requests be received and directed filed in the office of the City Clerk as requested. Proposed ordinance (O-1-02) by the Council: Titled: AN ORDINANCE (CAR01-00047/BOISE CITY) AMENDING TITLE 11, CHAPTER 9 BY ADDING A NEW SECTION 11-09-10 DEFINING DAMAGED OR DILAPIDATED BUILDINGS; DEFINING AN UNFINISHED BUILDING; ESTABLISHING MINIMAL PROPERTY MAINTENANCE STANDARDS; REQUIRING THE RESTORATION OF DAMAGED OR DILAPIDATED BUILDING OR COMPLETION OF AN UNFINISHED BUILDING; SETTING FORTH DEADLINES FOR THE RESTORATION OF DAMAGED OR DILAPIDATED BUILDINGS OR COMPLETION OF UNFINISHED BUILDINGS; PROVIDING FOR DUE PROCESS, NOTICE AND REQUIRED FINDINGS; PROVIDING FOR A RESTORATION AND DEMOLITION FUND; PROVIDING FOR RECOVERY OF COST OF RESTORATION AND DEMOLITION; APPROVING A SUMMARY; AND PROVIDING AN EFFECTIVE DATE, was read for the third time.

74 proposed ordinance (O-1-02) be passed and that the same be numbered Ordinance 6122. Proposed ordinance (O-2-02) by the Council: Titled: AN ORDINANCE REPEALING THE BOISE CITY SOLID WASTE ORDINANCE BOISE CITY CODE TITLE 8, CHAPTER 10 AND REENACTING A NEW TITLE 8, CHAPTER 10 SOLID WASTE ORDINANCE SETTING FORTH THE PURPOSE OF THE ORDINANCE; ESTABLISHING GENERAL PROVISIONS INCLUDING THE DEFINITION OF KEY TERMS; SETTING FORTH PROVISIONS GOVERNING RESIDENTIAL SOLID WASTE COLLECTION SERVICE INCLUDING NON-PROPERTY OWNER SERVICE REQUIREMENTS, CONTAINER REQUIREMENTS, COLLECTION PROVISIONS AND RECYCLING PROVISIONS; SETTING FORTH PROVISIONS GOVERNING COMMERCIAL SOLID WASTE COLLECTION SERVICES INCLUDING SERVICE REQUIREMENTS, CONTAINER PROVISIONS, COLLECTION FREQUENCIES AND RECYCLING; ESTABLISHING GENERAL REQUIREMENTS AND PROHIBITIONS FOR USING AND OPERATING SOLID WASTE COLLECTION SERVICES INCLUDING FRANCHISE AND LICENSE AGREEMENT REQUIREMENTS, SERVICE PROVIDER RESPONSIBILITIES AND SERVICE FEE AUTHORIZATION; ESTABLISHING ADMINISTRATION AND ENFORCEMENT PROVISIONS INCLUDING WAIVER REQUIREMENTS, APPEAL PROVISIONS, DELINQUENT ACCOUNT PROVISIONS, CIVIL ENFORCEMENT PROVISIONS AND PROVIDING THAT THE VIOLATION OF THE ORDINANCE SHALL BE CONSIDERED A GENERAL CRIMINAL MISDEMEANOR; AND APPROVING A SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE, was read for the third time. proposed ordinance (O-2-02) be passed and that the same be numbered Ordinance 6123. Proposed ordinance (O-3-02) by the Council:

75 Titled: AN ORDINANCE (CAR01-00049/EASTWIND COMMUNITY CHURCH FOR 2.782 ACRES OF PROPERTY LOCATED AT 4750 S. SURPRISE WAY) ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF BOISE CITY; ESTABLISHING AND DETERMINING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE, was read for the second time. Proposed ordinance (O-4-02) by the Council: Titled: AN ORDINANCE (CAR01-00041/CITY OF BOISE FOR PROPERTY BOUNDED BY N. 9 TH STREET, W. FORT STREET, NO. 10 TH STREET AND W. FRANKLIN 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- 3D/CD (MULTI-FAMILY RESIDENTIAL WITH DESIGN REVIEW WITHIN THE NEAR NORTH END CONSERVATION DISTRICT) TO L-OD/CD (LIMITED OFFICE WITH DESIGN REVIEW WITHIN THE NEAR NORTH END CONSERVATION DISTRICT); SETTING FORTH FINDINGS OF FACT IN SUPPORT OF SUCH ZONE CHANGE; AND PROVIDING AN EFFECTIVE DATE, was read for the first time. Proposed resolution (R-54-02) by the Council: Titled: A RESOLUTION APPROVING CHANGES IN THE BOISE CITY EMPLOYEE HANDBOOK SPECIFICALLY AMENDING BY REPLACING SECTION 1.04 - (HARASSMENT POLICY); AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AMENDMENT ON BEHALF OF BOISE CITY; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-54-02) be adopted and that same be numbered Resolution 16890.

76 Proposed resolution (R-55-02) by the Council: EXECUTE ON BEHALF OF THE CITY OF BOISE, AN AGREEMENT FOR RFP 01-129A; AUTOMOBILE RENTAL CONCESSION AGREEMENT, AVIATION AND PUBLIC TRANSPORTATION DEPARTMENT, BETWEEN THE CITY OF BOISE AND OVERLAND WEST, INC. (HERTZ); AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-55-02) be adopted and that same be numbered Resolution 16891. Proposed resolution (R-56-02) by the Council: EXECUTE ON BEHALF OF THE CITY OF BOISE, AN AGREEMENT FOR 01-129D; AUTOMOBILE RENTAL CONCESSION AGREEMENT, AVIATION AND PUBLIC TRANSPORTATION DEPARTMENT, BETWEEN THE CITY OF BOISE AND ENTERPRISE RENT A CAR COMPANY OF UTAH; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-56-02) be adopted and that same be numbered Resolution 16892. Proposed resolution (R-57-02) by the Council:

77 EXECUTE ON BEHALF OF THE CITY OF BOISE, AN AGREEMENT FOR RFP 01-129B; AUTOMOBILE RENTAL CONCESSION AGREEMENT, AVIATION AND PUBLIC TRANSPORTATION DEPARTMENT, BETWEEN THE CITY OF BOISE AND AVIS RENT A CAR SYSTEM, INC.; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-57-02) be adopted and that same be numbered Resolution 16893. Proposed resolution (R-58-02) by the Council: EXECUTE ON BEHALF OF THE CITY OF BOISE, AN AGREEMENT FOR RFP 01-129E; AUTOMOBILE RENTAL CONCESSION AGREEMENT, AVIATION AND PUBLIC TRANSPORTATION DEPARTMENT, BETWEEN THE CITY OF BOISE AND BIG D CORPORATION (DOLLAR); AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-58-02) be adopted and that same be numbered Resolution 16894. Proposed resolution (R-59-02) by the Council: EXECUTE ON BEHALF OF THE CITY OF BOISE, AN AGREEMENT FOR RFP 01-129F; AUTOMOBILE RENTAL CONCESSION AGREEMENT, AVIATION AND PUBLIC TRANSPORTATION DEPARTMENT, BETWEEN THE CITY OF BOISE AND IDAHO CAR

78 RENTAL, INC. (THRIFTY); AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-59-02) be adopted and that same be numbered Resolution 16895. Proposed resolution (R-60-02) by the Council: EXECUTE ON BEHALF OF THE CITY OF BOISE, AN AGREEMENT FOR RFP 01-129C; AUTOMOBILE RENTAL CONCESSION AGREEMENT, AVIATION AND PUBLIC TRANSPORTATION DEPARTMENT, BETWEEN THE CITY OF BOISE AND MIDWEST CAR CORPORATION (NATIONAL); AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-60-02) be adopted and that same be numbered Resolution 16896. Proposed resolution (R-61-02) by the Council: Titled: A RESOLUTION APPROVING AN AGREEMENT BY AND BETWEEN THE CITY OF BOISE AND ADA COUNTY FOR THE PROVISION OF BLOOD DRAWING SERVICES FOR CRIMINAL INVESTIGATIONS OF THE BOISE POLICE DEPARTMENT THROUGH ADA COUNTY EMERGENCY MEDICAL SERVICES FOR FISCAL YEAR 2002; 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.

79 proposed resolution (R-61-02) be adopted and that same be numbered Resolution 16897. Proposed resolution (R-62-02) by the Council: Titled: A RESOLUTION APPROVING A REAL ESTATE PURCHASE AND SALE AGREEMENT BY AND BETWEEN TRINITY PARKS, LLC (SELLERS) AND BOISE CITY, ACTING BY AND THROUGH THE DEPARTMENT OF AVIATION AND PUBLIC TRANSPORTATION (BUYER), FOR THE PURCHASE OF REAL PROPERTY LOCATED AT 6550 W. VICTORY ROAD, IN BOISE CITY, ADA COUNTY, IDAHO; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID REAL ESTATE PURCHASE AND SALE AGREEMENT ON BEHALF OF BOISE CITY; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-62-02) be adopted and that same be numbered Resolution 16898. Proposed resolution (R-64-02) by the Council: Titled: A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE BOISE POLICE DEPARTMENT AND THE STATE OF IDAHO MILITARY DIVISION TO ENHANCE THE DRUG ENFORCEMENT EFFORT IN THE STATE OF IDAHO AND CITY OF BOISE; AUTHORIZING THE CHIEF OF POLICE TO EXECUTE SAID MEMORANDUM OF UNDERSTANDING; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-64-02) be adopted and that same be numbered Resolution 16899.

80 Proposed resolution (R-66-02) by the Council: EXECUTE, ON BEHALF OF THE CITY OF BOISE, TASK ORDER NUMBER WW-35 TO RFP 99-003A; WASTEWATER AND WATER QUALITY PLANNING SERVICES, PUBLIC WORKS, BETWEEN THE CITY OF BOISE CITY AND BROWN AND CALDWELL; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-66-02) be adopted and that same be numbered Resolution 16900. Proposed resolution (R-67-02) by the Council: EXECUTE ON BEHALF OF THE CITY OF BOISE, AN AGREEMENT FOR F/B 02-027; ANN MORRISON PARK PLAYGROUND, PARKS AND RECREATION DEPARTMENT, BETWEEN THE CITY OF BOISE AND EAGLE LANDSCAPE CONTRACTORS, INC.; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-67-02) be adopted and that same be numbered Resolution 16901. Proposed resolution (R-68-02) by the Council:

81 EXECUTE, ON BEHALF OF THE CITY OF BOISE, TASK ORDER NUMBER TWO TO RFP 02-008E; MISCELLANEOUS ARCHITECTURAL SERVICES, BOISE CITY, PURCHASING DIVISION, BETWEEN THE CITY OF BOISE CITY AND CSHQA ARCHITECTS; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-68-02) be adopted and that same be numbered Resolution 16902. Proposed resolution (R-69-02) by the Council: EXECUTE ON BEHALF OF THE CITY OF BOISE, AN AGREEMENT FOR RFP 02-002; PROFESSIONAL ENGINEERING SERVICES; WEST BOISE WASTE WATER TREATMENT FACILITY DIGESTION IMPROVEMENT, PUBLIC WORKS DEPARTMENT, BETWEEN THE CITY OF BOISE AND MONTGOMERY WATSON HARZA; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-69-02) be adopted and that same be numbered Resolution 16903. Proposed resolution (R-70-02) by the Council: EXECUTE ON BEHALF OF THE CITY OF BOISE, AN AGREEMENT FOR F/B 02-036; ALLEY SEWER REPLACEMENT - RSP 124, PUBLIC WORKS DEPARTMENT,

82 BETWEEN THE CITY OF BOISE AND BODIFORD CONSTRUCTION; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-70-02) be adopted and that same be numbered Resolution 16904. Proposed resolution (R-71-02) by the Council: EXECUTE, ON BEHALF OF THE CITY OF BOISE, A RENEWAL OF RFP 01-010C; STRUCTURAL PLAN REVIEW SERVICES, PLANNING AND DEVELOPMENT SERVICES DEPARTMENT, BOISE CITY BETWEEN THE CITY OF BOISE CITY AND STAPLEY ENGINEERING; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-71-02) be adopted and that same be numbered Resolution 16905. Proposed resolution (R-72-02) by the Council: EXECUTE, ON BEHALF OF THE CITY OF BOISE, A RENEWAL OF RFP 01-010B; STRUCTURAL PLAN REVIEW SERVICES, PLANNING AND DEVELOPMENT SERVICES DEPARTMENT, BOISE CITY BETWEEN THE CITY OF BOISE CITY AND CH2M HILL; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-72-02) be adopted and that same be numbered Resolution 16906.

83 Proposed resolution (R-73-02) by the Council: EXECUTE, ON BEHALF OF THE CITY OF BOISE, A RENEWAL OF RFP 01-010A; STRUCTURAL PLAN REVIEW SERVICES, PLANNING AND DEVELOPMENT SERVICES DEPARTMENT, BOISE CITY BETWEEN THE CITY OF BOISE CITY AND ATWOOD- HINZMAN-JONES, INC.; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-73-02) be adopted and that same be numbered Resolution 16907. Proposed resolution (R-74-02) by the Council: EXECUTE, ON BEHALF OF THE CITY OF BOISE, A RENEWAL OF RFP 01-011; ZOO BOISE SECURITY SERVICES, PARKS AND RECREATION DEPARTMENT, BOISE CITY BETWEEN THE CITY OF BOISE CITY AND PINKERTON SECURITY SERVICES, INC.; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-74-02) be adopted and that same be numbered Resolution 16908.

84 Proposed resolution (R-76-02) by the Council: Titled: A RESOLUTION APPROVING AN UNDERGROUND WATER LINE EASEMENT, RIGHT-OF-WAY AGREEMENT BY AND BETWEEN UNITED WATER IDAHO AND BOISE CITY, BY AND THROUGH ITS DEPARTMENT OF PARKS AND RECREATION, TO MAINTAIN AN UNDERGROUND WATER LINE IN BOWLER PARK; 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-76-02) be adopted and that same be numbered Resolution 16909. Proposed resolution (R-78-02) by the Council: EXECUTE AND ATTEST A PROPERTY DONATION AGREEMENT BETWEEN GARY ASIN AND JOHN MOODY AND THE CITY OF BOISE, BY AND THROUGH ITS PARKS AND RECREATION DEPARTMENT, ACCEPTING A GIFT OF REAL PROPERTY FOR THE PURPOSE OF A NEIGHBORHOOD PARK SITE; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-78-02) be adopted and that same be numbered Resolution 16910. Proposed resolution (R-79-02) by the Council:

85 Titled: A RESOLUTION RESCINDING THE ACTION TAKEN IN RESOLUTION 16627 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST A REVISED MEMORANDUM OF UNDERSTANDING FOR THE DEVELOPMENT AND MAINTENANCE OF A RIGHT-OF-WAY MEDIAN LOCATED AT THE INTERSECTION OF RESERVE STREET, AVENUE D, AND LOGAN STREET IN THE CITY OF BOISE, BETWEEN THE CITY OF BOISE, BY AND THROUGH ITS PARKS AND RECREATION DEPARTMENT, THE EAST END NEIGHBORHOOD ASSOCIATION (EENA), AND THE ADA COUNTY HIGHWAY DISTRICT (ACHD); AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-79-02) be adopted and that same be numbered Resolution 16911. Proposed resolution (R-80-02) by the Council: Titled: A RESOLUTION ADOPTING THE RECOMMENDATION OF THE FOOTHILLS CONSERVATION ADVISORY COMMITTEE THAT THE CITY OF BOISE ENCOURAGE THE GOVERNOR OF THE STATE OF IDAHO TO ENDORSE THE APPROVAL OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE BUREAU OF LAND MANAGEMENT AND THE IDAHO STATE DEPARTMENT OF LANDS REGARDING FUTURE EXCHANGES OF REAL PROPERTY TO ASSIST IN THE PRESERVATION OF OPEN SPACE IN THE FOOTHILLS OF IDAHO'S CAPITAL CITY FOR THE BENEFIT OF ALL OF THE CITIZENS OF THE STATE; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-80-02) be adopted and that same be numbered Resolution 16912. Proposed resolution (R-81-02) by the Council:

86 Titled: A RESOLUTION ADOPTING THE RECOMMENDATION OF THE FOOTHILLS CONSERVATION ADVISORY COMMITTEE THAT THE CITY OF BOISE ENCOURAGE THE CONGRESSIONAL DELEGATION FROM THE STATE OF IDAHO TO ENDORSE THE APPROVAL OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE BUREAU OF LAND MANAGEMENT AND THE IDAHO STATE DEPARTMENT OF LANDS REGARDING FUTURE EXCHANGES OF REAL PROPERTY, AND EXERT THEIR BEST EFFORTS TO OBTAIN FEDERAL FUNDS TO ASSIST IN THE PRESERVATION OF OPEN SPACE IN THE FOOTHILLS OF IDAHO'S CAPITAL CITY FOR THE BENEFIT OF ALL OF THE CITIZENS OF THE STATE; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-81-02) be adopted and that same be numbered Resolution 16913. Proposed resolution (R-82-02) by the Council: Titled: A RESOLUTION TO APPROVE AN AGREEMENT BETWEEN THE DEPARTMENT OF PLANNING AND DEVELOPMENT SERVICES OF THE CITY OF BOISE AND COMMUNITY HOUSE, INC. FOR THE USE OF HOME PROGRAM FUNDS TO DEVELOP PERMANENT AFFORDABLE HOUSING; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE, was read in full. proposed resolution (R-82-02) be adopted and that same be numbered Resolution 16914. Mayor COLES announced that this was the time and place set for a public hearing on CAR01-00056/Rezone/Sigma Land Co./Lance Fish request for approval to rezone 2.51 acres located at 2323 N. Wildwood Street from A (Open) to R-1C (Single Family Residential).

87 Wayne Gibbs, Planning and Development Services, presented the staff report. issue. There was no one in the audience to testify on this Mayor COLES announced that the public hearing was closed. Moved by WETHERELL and seconded by TERTELING-PAYNE that CAR01-00056/Rezone/Sigma Land Co./Lance Fish requested approval to rezone 2.51 acres located at 2323 N. Wildwood Street from A (Open) to R-1C (Single Family Residential) be approved. Aiden Place Subdivision SUB01-00084 request for Preliminary Plat was before Mayor and Council. Wayne Gibbs, Planning and Development Services Department, presented the staff report. Clint Boyle, applicant representative, 12552 W. Executive Drive, and Don Alloway, 3877 Elgin Way, addressed the Council in support of Aiden Place Subdivision as presented. Moved by WETHERELL and seconded by TERTELING-PAYNE that Aiden Place Subdivision SUB01-00084 Preliminary Plat be granted as requested subject to conditions stated in staff report dated January 30, 2002. There being no further business the meeting adjourned at 8:45 o'clock P.M. APPROVE:

88 MAYOR ATTEST: CITY CLERK