boise, idaho - cityclerk.cityofboise.org · request for sale of a surplus 1995 chevrolet pickup...

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67 BOISE, IDAHO FEBRUARY 5, 2002 Council met in regular session Tuesday, February 5, 2002, Mayor BRENT COLES, presiding. Roll call showed the following members present: BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL. 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. Roll call on the motion resulted as follows: YEAS: BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL. Motion carried. Moved by WETHERELL and seconded by TERTELING-PAYNE that the minutes from the January 29, 2002, City Council Meeting be approved. Roll call on the motion resulted as follows: YEAS: BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL. Motion carried. 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.

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67

BOISE, IDAHOFEBRUARY 5, 2002

Council met in regular session Tuesday, February 5, 2002,Mayor BRENT COLES, presiding.

Roll call showed the following members present:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL. ABSENT:FORNEY.

Invocation was given by Director Doug Winberry, BethelMinisteries.

Moved by WETHERELL and seconded by TERTELING-PAYNE thatthe minutes from the January 29, 2002, City Pre-Council Meeting beapproved.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

Moved by WETHERELL and seconded by TERTELING-PAYNE thatthe minutes from the January 29, 2002, City Council Meeting beapproved.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

Moved by WETHERELL and seconded by TERTELING-PAYNE thatCUP01-00141/Appeal/Dean Gunderson appeal of the Boise City Planningand Zoning Commission's decision to approve a request for aconditional use permit (CUP01-00141/Bobbie Aitchison) to operate anindependent living program for up to six adolescent adults betweenthe ages of 18-20 years at 2110 W. State Street be deferred toFebruary 19, 2002.

FEBRUARY 5, 200268

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

Mayor COLES announced that this was the time and placeset for CAR01-00044/Boise City request for approval of an amendmentto Title 11, Chapter 3, Sections 6 and 7, to change the appealshearing process. The amendment would prohibit the submission ofnew evidence that was not established as part of the record at thelower hearing; limit testimony to staff, the applicant and/orappellant, and those who testified at the lower hearing; and setforth other standards for review.

Wayne Gibbs, Planning and Development Services, presentedthe staff report and briefed the Council on the status of thedevelopment.

Mike Wardle, 500 Broadway Avenue; Gary Allen, 277 N. 6th

Street, Suite 200; Don Alloway, 3877 Elgin Way; Steve Lord, 800 W.State Street and Mark Hill, North End Neighborhood Association,1806 N. 19th Street, committee members, addressed the Councilregarding the amendment to the appeals hearing process.

Moved by BISTERFELDT and seconded by TERTELING-PAYNE thatthe committee be given three weeks to complete theirrecommendations and return them to Wayne Gibbs to review prior toresponding to the Council and that a one hour work session bescheduled on February 26, 2002.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

Mayor COLES announced that it was the time and place setfor the appointment of Clint Tate to the Boise City Arts Commissionto fill an unexpired three year term to December 18, 2003.

Moved by WETHERELL and seconded by TERTELING-PAYNE thatthe appointment of appointment of Clint Tate to the Boise City ArtsCommission to fill an unexpired three year term to December 18,2003 be approved.

<>, 200269

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, FORNEY, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

Councilmember TERTELING-PAYNE requested unanimous consentto direct staff to bring a report back to the Council on the statusof vandalism of the Armory.

Unanimous consent was granted.

Moved by MAPP and seconded by TERTELING-PAYNE that theBoise City Checks No. 090255 thru 090734 in the total amount of$2,165,118.86 as of January 30, 2002 be approved.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

Request for Sale of a Surplus 1995 Chevrolet Pickup Truckto Robie Creek Volunteer Fire Department was before Mayor andCouncil as enumerated in staff report dated January 22, 2002.

RECOMMENDATION: The Purchasing Division concurs with the PoliceDepartment in recommending that a Surplus 1995 Chevrolet PickupTruck be donated to Robie Creek Volunteer Fire Department.

Moved by MAPP and seconded by TERTELING-PAYNE that therecommendations be followed and the Surplus 1995 Chevrolet PickupTruck be donated to Robie Creek Volunteer Fire Department.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

Request for approval of Task Order No. 2 for RFP 02-008e,Design Build Services, First and Second Floor Remodel for TemporaryRelocation of City Fire and Legal Departments was before Mayor andCouncil as enumerated in staff report dated January 22, 2002.

FEBRUARY 5, 200270

RECOMMENDATION: The Purchasing Division recommends that Approvalof Task Order No. 2 for RFP 02-008e, Design Build Services, Firstand Second Floor Remodel for Temporary Relocation of City Fire andLegal Departments be granted to CHSQA, in a total amount not toexceed $88,337.

Moved by MAPP and seconded by TERTELING-PAYNE that therecommendations be followed and the bid be awarded to CHSQA, in atotal amount not to exceed $88,337.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

The Bid Results for F/B 02-036: Alley Sewer Replacement -RSP 124 were before Mayor and Council as enumerated in staff reportdated January 14, 2002.

RECOMMENDATION: The Purchasing Division concurs with Public Worksin recommending that F/B 02-036: Alley Sewer Replacement - RSP 124be awarded to the lowest responsive and responsible bidder,Bodiford Construction, in a total amount not to exceed $77,503.

Moved by MAPP and seconded by TERTELING-PAYNE that therecommendations be followed and the bid be awarded to BodifordConstruction, in a total amount not to exceed $77,503.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

The Bid Results for F/B 02-027: Ann Morrison ParkPlayground Renovation were before Mayor and Council as enumeratedin staff report dated January 22, 2002.

RECOMMENDATION: The Purchasing Division concurs with the Parks andRecreation in recommending that F/B 02-027: Ann Morrison ParkPlayground Renovation be awarded to the lowest responsive andresponsible bidder, Eagle Landscape Contractors, in a total amountnot to exceed $98,662.

FEBRUARY 5, 200271

Moved by MAPP and seconded by TERTELING-PAYNE that therecommendations be followed and the bid be awarded to EagleLandscape Contractors, in a total amount not to exceed $98,662.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

The Bid Results for RFP 02-002: Professional EngineeringServices; West Boise Waste Water Treatment Facility DigestionImprovement were before Mayor and Council as enumerated in staffreport dated January 14, 2002.

RECOMMENDATION: The Purchasing Division concurs with Public Worksin recommending that RFP 02-002: Professional Engineering Services;West Boise Waste Water Treatment Facility Digestion Improvement beawarded to the lowest responsive and responsible proposer,Montgomery Watson Harza, in a total amount not to exceed $108,731.

Moved by MAPP and seconded by TERTELING-PAYNE that therecommendations be followed and the bid be awarded to MontgomeryWatson Harza, in a total amount not to exceed $108,731.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

The Bid Results for RFP Approval of Contracts, RFP 01-129a through 01-129f: Automobile Rental Concession Operator werebefore Mayor and Council as enumerated in staff report datedJanuary 8, 2002.

RECOMMENDATION: The Purchasing Division concurs with Aviation andPublic Transportation in recommending that RFP Approval ofContracts, RFP 01-129a through 01-129f: Automobile RentalConcession Operator be awarded to Overland West, Inc. (Hertz), AvisRent 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).

Moved by MAPP and seconded by TERTELING-PAYNE that therecommendations be followed and the bids be awarded to OverlandWest, Inc. (Hertz), Avis Rent A Car System, Inc., Midwest Car

FEBRUARY 5, 200272

Corporation (National), Enterprise Rent A Car Company of Utah, BigD Corporation (Dollar) and Idaho Car Rental, Inc. (Thrifty).

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

The City Clerk requested the following claims(s) beacknowledged and referred to the office of the Treasurer:

a) Judy E. Smith, Property Damageb) Stephen Weiser, Property Damagec) Clemente D. Abrenilla Jr., Personal Injury and

Property Damaged) Alice Maxine McClain, Personal Injurye) Richard Esguerra, Personal Injury

Moved by MAPP and seconded by TERTELING-PAYNE that theclaim(s) be acknowledged and referred to the office of theTreasurer as requested.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

The Mayor's Budget Team requests the followingrecommendation be approved by Council.

a) That the project budget for the ConsolidatedConcrete/McEntee site purchase by increased by$525,000 to $1.525 million to be fully offset byimpact fees as recommended by the Parks andRecreation Department.

Moved by MAPP and seconded by TERTELING-PAYNE that theMayor's Budget Team recommendation be approved as requested.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

FEBRUARY 5, 200273

The City Clerk requested the following minutes, reportsand requests be received by Council and directed filed in theoffice of the City Clerk:

a) Community Planning Association of Southwest IdahoMinutes, 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) Statementof Net Assets, December 31, 2001

f) Boise Urban Stages Statement of Net Assets,December 31, 2001

g) Board of Parks and Recreation CommissionersMinutes, November 15, 2001

Moved by MAPP and seconded by TERTELING-PAYNE that theminutes, reports and requests be received and directed filed in theoffice of the City Clerk as requested.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

Proposed ordinance (O-1-02) by the Council:

BISTERFELDT, FORNEY, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Titled: AN ORDINANCE (CAR01-00047/BOISE CITY) AMENDING TITLE 11,CHAPTER 9 BY ADDING A NEW SECTION 11-09-10 DEFINING DAMAGED ORDILAPIDATED BUILDINGS; DEFINING AN UNFINISHED BUILDING;ESTABLISHING MINIMAL PROPERTY MAINTENANCE STANDARDS; REQUIRING THERESTORATION OF DAMAGED OR DILAPIDATED BUILDING OR COMPLETION OF ANUNFINISHED BUILDING; SETTING FORTH DEADLINES FOR THE RESTORATION OFDAMAGED OR DILAPIDATED BUILDINGS OR COMPLETION OF UNFINISHEDBUILDINGS; PROVIDING FOR DUE PROCESS, NOTICE AND REQUIRED FINDINGS;PROVIDING FOR A RESTORATION AND DEMOLITION FUND; PROVIDING FORRECOVERY OF COST OF RESTORATION AND DEMOLITION; APPROVING ASUMMARY; AND PROVIDING AN EFFECTIVE DATE, was read for the thirdtime.

FEBRUARY 5, 200274

Moved by MAPP and seconded by TERTELING-PAYNE that theproposed ordinance (O-1-02) be passed and that the same be numberedOrdinance 6122.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

Proposed ordinance (O-2-02) by the Council:

BISTERFELDT, FORNEY, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Titled: AN ORDINANCE REPEALING THE BOISE CITY SOLID WASTEORDINANCE BOISE CITY CODE TITLE 8, CHAPTER 10 AND REENACTING A NEWTITLE 8, CHAPTER 10 SOLID WASTE ORDINANCE SETTING FORTH THE PURPOSEOF THE ORDINANCE; ESTABLISHING GENERAL PROVISIONS INCLUDING THEDEFINITION OF KEY TERMS; SETTING FORTH PROVISIONS GOVERNINGRESIDENTIAL SOLID WASTE COLLECTION SERVICE INCLUDING NON-PROPERTYOWNER SERVICE REQUIREMENTS, CONTAINER REQUIREMENTS, COLLECTIONPROVISIONS AND RECYCLING PROVISIONS; SETTING FORTH PROVISIONSGOVERNING COMMERCIAL SOLID WASTE COLLECTION SERVICES INCLUDINGSERVICE REQUIREMENTS, CONTAINER PROVISIONS, COLLECTION FREQUENCIESAND RECYCLING; ESTABLISHING GENERAL REQUIREMENTS AND PROHIBITIONSFOR USING AND OPERATING SOLID WASTE COLLECTION SERVICES INCLUDINGFRANCHISE AND LICENSE AGREEMENT REQUIREMENTS, SERVICE PROVIDERRESPONSIBILITIES AND SERVICE FEE AUTHORIZATION; ESTABLISHINGADMINISTRATION AND ENFORCEMENT PROVISIONS INCLUDING WAIVERREQUIREMENTS, APPEAL PROVISIONS, DELINQUENT ACCOUNT PROVISIONS,CIVIL ENFORCEMENT PROVISIONS AND PROVIDING THAT THE VIOLATION OFTHE ORDINANCE SHALL BE CONSIDERED A GENERAL CRIMINAL MISDEMEANOR;AND APPROVING A SUMMARY OF THE ORDINANCE; AND PROVIDING ANEFFECTIVE DATE, was read for the third time.

Moved by MAPP and seconded by TERTELING-PAYNE that theproposed ordinance (O-2-02) be passed and that the same be numberedOrdinance 6123.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

Proposed ordinance (O-3-02) by the Council:

FEBRUARY 5, 200275

BISTERFELDT, FORNEY, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Titled: AN ORDINANCE (CAR01-00049/EASTWIND COMMUNITY CHURCH FOR2.782 ACRES OF PROPERTY LOCATED AT 4750 S. SURPRISE WAY) ANNEXINGCERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, ANDADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OFBOISE CITY; ESTABLISHING AND DETERMINING THAT COPIES OF THISORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADACOUNTY RECORDER AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BYLAW; AND PROVIDING AN EFFECTIVE DATE, was read for the second time.

Proposed ordinance (O-4-02) by the Council:

BISTERFELDT, FORNEY, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Titled: AN ORDINANCE (CAR01-00041/CITY OF BOISE FOR PROPERTYBOUNDED BY N. 9TH STREET, W. FORT STREET, NO. 10TH STREET AND W.FRANKLIN STREET) AMENDING ZONING CLASSIFICATIONS OF THE CITY OFBOISE CITY TO CHANGE THE CLASSIFICATION OF REAL PROPERTYPARTICULARLY DESCRIBED IN SECTION ONE OF THIS ORDINANCE FROM R-3D/CD (MULTI-FAMILY RESIDENTIAL WITH DESIGN REVIEW WITHIN THE NEARNORTH END CONSERVATION DISTRICT) TO L-OD/CD (LIMITED OFFICE WITHDESIGN REVIEW WITHIN THE NEAR NORTH END CONSERVATION DISTRICT);SETTING FORTH FINDINGS OF FACT IN SUPPORT OF SUCH ZONE CHANGE; ANDPROVIDING AN EFFECTIVE DATE, was read for the first time.

Proposed resolution (R-54-02) by the Council:

BISTERFELDT, FORNEY, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Titled: A RESOLUTION APPROVING CHANGES IN THE BOISE CITY EMPLOYEEHANDBOOK SPECIFICALLY AMENDING BY REPLACING SECTION 1.04 -(HARASSMENT POLICY); AND AUTHORIZING THE MAYOR AND CITY CLERK TOEXECUTE AND ATTEST SAID AMENDMENT ON BEHALF OF BOISE CITY; ANDPROVIDING AN EFFECTIVE DATE, was read in full.

Moved by MAPP and seconded by TERTELING-PAYNE that theproposed resolution (R-54-02) be adopted and that same be numberedResolution 16890.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

FEBRUARY 5, 200276

Proposed resolution (R-55-02) by the Council:

BISTERFELDT, FORNEY, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TOEXECUTE ON BEHALF OF THE CITY OF BOISE, AN AGREEMENT FOR RFP 01-129A; AUTOMOBILE RENTAL CONCESSION AGREEMENT, AVIATION AND PUBLICTRANSPORTATION DEPARTMENT, BETWEEN THE CITY OF BOISE AND OVERLANDWEST, INC. (HERTZ); AND PROVIDING AN EFFECTIVE DATE, was read infull.

Moved by MAPP and seconded by TERTELING-PAYNE that theproposed resolution (R-55-02) be adopted and that same be numberedResolution 16891.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

Proposed resolution (R-56-02) by the Council:

BISTERFELDT, FORNEY, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TOEXECUTE ON BEHALF OF THE CITY OF BOISE, AN AGREEMENT FOR 01-129D;AUTOMOBILE RENTAL CONCESSION AGREEMENT, AVIATION AND PUBLICTRANSPORTATION DEPARTMENT, BETWEEN THE CITY OF BOISE AND ENTERPRISERENT A CAR COMPANY OF UTAH; AND PROVIDING AN EFFECTIVE DATE, wasread in full.

Moved by MAPP and seconded by TERTELING-PAYNE that theproposed resolution (R-56-02) be adopted and that same be numberedResolution 16892.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

Proposed resolution (R-57-02) by the Council:

BISTERFELDT, FORNEY, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

FEBRUARY 5, 200277

Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TOEXECUTE ON BEHALF OF THE CITY OF BOISE, AN AGREEMENT FOR RFP 01-129B; AUTOMOBILE RENTAL CONCESSION AGREEMENT, AVIATION AND PUBLICTRANSPORTATION DEPARTMENT, BETWEEN THE CITY OF BOISE AND AVIS RENTA CAR SYSTEM, INC.; AND PROVIDING AN EFFECTIVE DATE, was read infull.

Moved by MAPP and seconded by TERTELING-PAYNE that theproposed resolution (R-57-02) be adopted and that same be numberedResolution 16893.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

Proposed resolution (R-58-02) by the Council:

BISTERFELDT, FORNEY, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TOEXECUTE ON BEHALF OF THE CITY OF BOISE, AN AGREEMENT FOR RFP 01-129E; AUTOMOBILE RENTAL CONCESSION AGREEMENT, AVIATION AND PUBLICTRANSPORTATION DEPARTMENT, BETWEEN THE CITY OF BOISE AND BIG DCORPORATION (DOLLAR); AND PROVIDING AN EFFECTIVE DATE, was read infull.

Moved by MAPP and seconded by TERTELING-PAYNE that theproposed resolution (R-58-02) be adopted and that same be numberedResolution 16894.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

Proposed resolution (R-59-02) by the Council:

BISTERFELDT, FORNEY, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TOEXECUTE ON BEHALF OF THE CITY OF BOISE, AN AGREEMENT FOR RFP 01-129F; AUTOMOBILE RENTAL CONCESSION AGREEMENT, AVIATION AND PUBLICTRANSPORTATION DEPARTMENT, BETWEEN THE CITY OF BOISE AND IDAHO CAR

FEBRUARY 5, 200278

RENTAL, INC. (THRIFTY); AND PROVIDING AN EFFECTIVE DATE, was readin full.

Moved by MAPP and seconded by TERTELING-PAYNE that theproposed resolution (R-59-02) be adopted and that same be numberedResolution 16895.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

Proposed resolution (R-60-02) by the Council:

BISTERFELDT, FORNEY, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TOEXECUTE ON BEHALF OF THE CITY OF BOISE, AN AGREEMENT FOR RFP 01-129C; AUTOMOBILE RENTAL CONCESSION AGREEMENT, AVIATION AND PUBLICTRANSPORTATION DEPARTMENT, BETWEEN THE CITY OF BOISE AND MIDWESTCAR CORPORATION (NATIONAL); AND PROVIDING AN EFFECTIVE DATE, wasread in full.

Moved by MAPP and seconded by TERTELING-PAYNE that theproposed resolution (R-60-02) be adopted and that same be numberedResolution 16896.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

Proposed resolution (R-61-02) by the Council:

BISTERFELDT, FORNEY, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Titled: A RESOLUTION APPROVING AN AGREEMENT BY AND BETWEEN THECITY OF BOISE AND ADA COUNTY FOR THE PROVISION OF BLOOD DRAWINGSERVICES FOR CRIMINAL INVESTIGATIONS OF THE BOISE POLICE DEPARTMENTTHROUGH ADA COUNTY EMERGENCY MEDICAL SERVICES FOR FISCAL YEAR 2002;AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAIDAGREEMENT ON BEHALF OF BOISE CITY; AND PROVIDING AN EFFECTIVE DATE,was read in full.

FEBRUARY 5, 200279

Moved by MAPP and seconded by TERTELING-PAYNE that theproposed resolution (R-61-02) be adopted and that same be numberedResolution 16897.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

Proposed resolution (R-62-02) by the Council:

BISTERFELDT, FORNEY, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Titled: A RESOLUTION APPROVING A REAL ESTATE PURCHASE AND SALEAGREEMENT BY AND BETWEEN TRINITY PARKS, LLC (SELLERS) AND BOISECITY, ACTING BY AND THROUGH THE DEPARTMENT OF AVIATION AND PUBLICTRANSPORTATION (BUYER), FOR THE PURCHASE OF REAL PROPERTY LOCATEDAT 6550 W. VICTORY ROAD, IN BOISE CITY, ADA COUNTY, IDAHO;AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAIDREAL ESTATE PURCHASE AND SALE AGREEMENT ON BEHALF OF BOISE CITY;AND PROVIDING AN EFFECTIVE DATE, was read in full.

Moved by MAPP and seconded by TERTELING-PAYNE that theproposed resolution (R-62-02) be adopted and that same be numberedResolution 16898.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

Proposed resolution (R-64-02) by the Council:

BISTERFELDT, FORNEY, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Titled: A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDINGBETWEEN THE BOISE POLICE DEPARTMENT AND THE STATE OF IDAHO MILITARYDIVISION TO ENHANCE THE DRUG ENFORCEMENT EFFORT IN THE STATE OFIDAHO AND CITY OF BOISE; AUTHORIZING THE CHIEF OF POLICE TO EXECUTESAID MEMORANDUM OF UNDERSTANDING; AND PROVIDING AN EFFECTIVE DATE,was read in full.

Moved by MAPP and seconded by TERTELING-PAYNE that theproposed resolution (R-64-02) be adopted and that same be numberedResolution 16899.

FEBRUARY 5, 200280

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

Proposed resolution (R-66-02) by the Council:

BISTERFELDT, FORNEY, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TOEXECUTE, ON BEHALF OF THE CITY OF BOISE, TASK ORDER NUMBER WW-35 TORFP 99-003A; WASTEWATER AND WATER QUALITY PLANNING SERVICES, PUBLICWORKS, BETWEEN THE CITY OF BOISE CITY AND BROWN AND CALDWELL; ANDPROVIDING AN EFFECTIVE DATE, was read in full.

Moved by MAPP and seconded by TERTELING-PAYNE that theproposed resolution (R-66-02) be adopted and that same be numberedResolution 16900.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

Proposed resolution (R-67-02) by the Council:

BISTERFELDT, FORNEY, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TOEXECUTE 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.

Moved by MAPP and seconded by TERTELING-PAYNE that theproposed resolution (R-67-02) be adopted and that same be numberedResolution 16901.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

Proposed resolution (R-68-02) by the Council:

FEBRUARY 5, 200281

BISTERFELDT, FORNEY, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TOEXECUTE, ON BEHALF OF THE CITY OF BOISE, TASK ORDER NUMBER TWO TORFP 02-008E; MISCELLANEOUS ARCHITECTURAL SERVICES, BOISE CITY,PURCHASING DIVISION, BETWEEN THE CITY OF BOISE CITY AND CSHQAARCHITECTS; AND PROVIDING AN EFFECTIVE DATE, was read in full.

Moved by MAPP and seconded by TERTELING-PAYNE that theproposed resolution (R-68-02) be adopted and that same be numberedResolution 16902.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

Proposed resolution (R-69-02) by the Council:

BISTERFELDT, FORNEY, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TOEXECUTE ON BEHALF OF THE CITY OF BOISE, AN AGREEMENT FOR RFP 02-002; PROFESSIONAL ENGINEERING SERVICES; WEST BOISE WASTE WATERTREATMENT FACILITY DIGESTION IMPROVEMENT, PUBLIC WORKS DEPARTMENT,BETWEEN THE CITY OF BOISE AND MONTGOMERY WATSON HARZA; ANDPROVIDING AN EFFECTIVE DATE, was read in full.

Moved by MAPP and seconded by TERTELING-PAYNE that theproposed resolution (R-69-02) be adopted and that same be numberedResolution 16903.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

Proposed resolution (R-70-02) by the Council:

BISTERFELDT, FORNEY, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TOEXECUTE ON BEHALF OF THE CITY OF BOISE, AN AGREEMENT FOR F/B 02-036; ALLEY SEWER REPLACEMENT - RSP 124, PUBLIC WORKS DEPARTMENT,

FEBRUARY 5, 200282

BETWEEN THE CITY OF BOISE AND BODIFORD CONSTRUCTION; AND PROVIDINGAN EFFECTIVE DATE, was read in full.

Moved by MAPP and seconded by TERTELING-PAYNE that theproposed resolution (R-70-02) be adopted and that same be numberedResolution 16904.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

Proposed resolution (R-71-02) by the Council:

BISTERFELDT, FORNEY, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TOEXECUTE, ON BEHALF OF THE CITY OF BOISE, A RENEWAL OF RFP 01-010C;STRUCTURAL PLAN REVIEW SERVICES, PLANNING AND DEVELOPMENT SERVICESDEPARTMENT, BOISE CITY BETWEEN THE CITY OF BOISE CITY AND STAPLEYENGINEERING; AND PROVIDING AN EFFECTIVE DATE, was read in full.

Moved by MAPP and seconded by TERTELING-PAYNE that theproposed resolution (R-71-02) be adopted and that same be numberedResolution 16905.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

Proposed resolution (R-72-02) by the Council:

BISTERFELDT, FORNEY, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TOEXECUTE, ON BEHALF OF THE CITY OF BOISE, A RENEWAL OF RFP 01-010B;STRUCTURAL PLAN REVIEW SERVICES, PLANNING AND DEVELOPMENT SERVICESDEPARTMENT, BOISE CITY BETWEEN THE CITY OF BOISE CITY AND CH2MHILL; AND PROVIDING AN EFFECTIVE DATE, was read in full.

Moved by MAPP and seconded by TERTELING-PAYNE that theproposed resolution (R-72-02) be adopted and that same be numberedResolution 16906.

FEBRUARY 5, 200283

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

Proposed resolution (R-73-02) by the Council:

BISTERFELDT, FORNEY, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TOEXECUTE, ON BEHALF OF THE CITY OF BOISE, A RENEWAL OF RFP 01-010A;STRUCTURAL PLAN REVIEW SERVICES, PLANNING AND DEVELOPMENT SERVICESDEPARTMENT, BOISE CITY BETWEEN THE CITY OF BOISE CITY AND ATWOOD-HINZMAN-JONES, INC.; AND PROVIDING AN EFFECTIVE DATE, was read infull.

Moved by MAPP and seconded by TERTELING-PAYNE that theproposed resolution (R-73-02) be adopted and that same be numberedResolution 16907.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

Proposed resolution (R-74-02) by the Council:

BISTERFELDT, FORNEY, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TOEXECUTE, ON BEHALF OF THE CITY OF BOISE, A RENEWAL OF RFP 01-011;ZOO BOISE SECURITY SERVICES, PARKS AND RECREATION DEPARTMENT, BOISECITY BETWEEN THE CITY OF BOISE CITY AND PINKERTON SECURITYSERVICES, INC.; AND PROVIDING AN EFFECTIVE DATE, was read in full.

Moved by MAPP and seconded by TERTELING-PAYNE that theproposed resolution (R-74-02) be adopted and that same be numberedResolution 16908.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

FEBRUARY 5, 200284

Proposed resolution (R-76-02) by the Council:

BISTERFELDT, FORNEY, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Titled: A RESOLUTION APPROVING AN UNDERGROUND WATER LINE EASEMENT,RIGHT-OF-WAY AGREEMENT BY AND BETWEEN UNITED WATER IDAHO AND BOISECITY, BY AND THROUGH ITS DEPARTMENT OF PARKS AND RECREATION, TOMAINTAIN AN UNDERGROUND WATER LINE IN BOWLER PARK; AUTHORIZING THEMAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALFOF BOISE CITY; AND PROVIDING AN EFFECTIVE DATE, was read in full.

Moved by MAPP and seconded by TERTELING-PAYNE that theproposed resolution (R-76-02) be adopted and that same be numberedResolution 16909.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

Proposed resolution (R-78-02) by the Council:

BISTERFELDT, FORNEY, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Titled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TOEXECUTE AND ATTEST A PROPERTY DONATION AGREEMENT BETWEEN GARY ASINAND JOHN MOODY AND THE CITY OF BOISE, BY AND THROUGH ITS PARKS ANDRECREATION DEPARTMENT, ACCEPTING A GIFT OF REAL PROPERTY FOR THEPURPOSE OF A NEIGHBORHOOD PARK SITE; AND PROVIDING AN EFFECTIVEDATE, was read in full.

Moved by MAPP and seconded by TERTELING-PAYNE that theproposed resolution (R-78-02) be adopted and that same be numberedResolution 16910.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

Proposed resolution (R-79-02) by the Council:

BISTERFELDT, FORNEY, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

FEBRUARY 5, 200285

Titled: A RESOLUTION RESCINDING THE ACTION TAKEN IN RESOLUTION16627 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ANDATTEST A REVISED MEMORANDUM OF UNDERSTANDING FOR THE DEVELOPMENTAND MAINTENANCE OF A RIGHT-OF-WAY MEDIAN LOCATED AT THEINTERSECTION OF RESERVE STREET, AVENUE D, AND LOGAN STREET IN THECITY OF BOISE, BETWEEN THE CITY OF BOISE, BY AND THROUGH ITS PARKSAND RECREATION DEPARTMENT, THE EAST END NEIGHBORHOOD ASSOCIATION(EENA), AND THE ADA COUNTY HIGHWAY DISTRICT (ACHD); AND PROVIDINGAN EFFECTIVE DATE, was read in full.

Moved by MAPP and seconded by TERTELING-PAYNE that theproposed resolution (R-79-02) be adopted and that same be numberedResolution 16911.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

Proposed resolution (R-80-02) by the Council:

BISTERFELDT, FORNEY, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Titled: A RESOLUTION ADOPTING THE RECOMMENDATION OF THE FOOTHILLSCONSERVATION ADVISORY COMMITTEE THAT THE CITY OF BOISE ENCOURAGETHE GOVERNOR OF THE STATE OF IDAHO TO ENDORSE THE APPROVAL OF THEMEMORANDUM OF UNDERSTANDING BETWEEN THE BUREAU OF LAND MANAGEMENTAND THE IDAHO STATE DEPARTMENT OF LANDS REGARDING FUTURE EXCHANGESOF REAL PROPERTY TO ASSIST IN THE PRESERVATION OF OPEN SPACE IN THEFOOTHILLS OF IDAHO'S CAPITAL CITY FOR THE BENEFIT OF ALL OF THECITIZENS OF THE STATE; AND PROVIDING AN EFFECTIVE DATE, was read infull.

Moved by MAPP and seconded by TERTELING-PAYNE that theproposed resolution (R-80-02) be adopted and that same be numberedResolution 16912.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

Proposed resolution (R-81-02) by the Council:

BISTERFELDT, FORNEY, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

FEBRUARY 5, 200286

Titled: A RESOLUTION ADOPTING THE RECOMMENDATION OF THE FOOTHILLSCONSERVATION ADVISORY COMMITTEE THAT THE CITY OF BOISE ENCOURAGETHE CONGRESSIONAL DELEGATION FROM THE STATE OF IDAHO TO ENDORSE THEAPPROVAL OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE BUREAU OFLAND MANAGEMENT AND THE IDAHO STATE DEPARTMENT OF LANDS REGARDINGFUTURE EXCHANGES OF REAL PROPERTY, AND EXERT THEIR BEST EFFORTS TOOBTAIN FEDERAL FUNDS TO ASSIST IN THE PRESERVATION OF OPEN SPACE INTHE FOOTHILLS OF IDAHO'S CAPITAL CITY FOR THE BENEFIT OF ALL OF THECITIZENS OF THE STATE; AND PROVIDING AN EFFECTIVE DATE, was read infull.

Moved by MAPP and seconded by TERTELING-PAYNE that theproposed resolution (R-81-02) be adopted and that same be numberedResolution 16913.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

Proposed resolution (R-82-02) by the Council:

BISTERFELDT, FORNEY, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Titled: A RESOLUTION TO APPROVE AN AGREEMENT BETWEEN THEDEPARTMENT OF PLANNING AND DEVELOPMENT SERVICES OF THE CITY OFBOISE AND COMMUNITY HOUSE, INC. FOR THE USE OF HOME PROGRAM FUNDSTO DEVELOP PERMANENT AFFORDABLE HOUSING; AUTHORIZING THE MAYOR ANDCITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING ANEFFECTIVE DATE, was read in full.

Moved by MAPP and seconded by TERTELING-PAYNE that theproposed resolution (R-82-02) be adopted and that same be numberedResolution 16914.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, FORNEY, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

Mayor COLES announced that this was the time and placeset for a public hearing on CAR01-00056/Rezone/Sigma Land Co./LanceFish request for approval to rezone 2.51 acres located at 2323 N.Wildwood Street from A (Open) to R-1C (Single Family Residential).

FEBRUARY 5, 200287

Wayne Gibbs, Planning and Development Services, presentedthe staff report.

There was no one in the audience to testify on thisissue.

Mayor COLES announced that the public hearing was closed.

Moved by WETHERELL and seconded by TERTELING-PAYNE thatCAR01-00056/Rezone/Sigma Land Co./Lance Fish requested approval torezone 2.51 acres located at 2323 N. Wildwood Street from A (Open)to R-1C (Single Family Residential) be approved.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

Aiden Place Subdivision SUB01-00084 request forPreliminary Plat was before Mayor and Council.

Wayne Gibbs, Planning and Development ServicesDepartment, presented the staff report.

Clint Boyle, applicant representative, 12552 W. ExecutiveDrive, and Don Alloway, 3877 Elgin Way, addressed the Council insupport of Aiden Place Subdivision as presented.

Moved by WETHERELL and seconded by TERTELING-PAYNE thatAiden Place Subdivision SUB01-00084 Preliminary Plat be granted asrequested subject to conditions stated in staff report datedJanuary 30, 2002.

Roll call on the motion resulted as follows: YEAS:BISTERFELDT, MAPP, MASON, TERTELING-PAYNE and WETHERELL.

Motion carried.

There being no further business the meeting adjourned at8:45 o'clock P.M.

APPROVE:

FEBRUARY 5, 200288

__________________________________MAYOR

ATTEST:

__________________________________CITY CLERK