City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING JANUARY 19, 2012 CLARIFICATION The City Council Agenda Clarification MEETING Meeting was called to order at 5:30 PM by Mayor Brian Blad. Council members present were Roger Bray, Steve Brown, Craig Cooper and Jim Johnston. Council member Eva Johnson Nye arrived at 5:47 PM. Council member Gary Moore was excused. No motions, resolutions, orders, or ordinances were proposed. No vote was taken. REGULAR CITY COUNCIL MEETING AGENDA ITEM NO. 1: The Regular City Council meeting was called ROLL CALL AND to order at 6:03 PM by Mayor Brian Blad. PLEDGE OF Council members present were Roger Bray, ALLEGIANCE Steve Brown, Craig Cooper, Jim Johnston and Eva Johnson Nye. Council member Gary Moore was excused. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was offered by Pastor Rod INVOCATION Enos, River of Life Church. AGENDA ITEM NO. 3: Council was asked to consider the following CONSENT AGENDA business items: -TREASURER’S (a) Treasurer’s Report for December, showing REPORT cash and investments as of December 31, 2011, in the amount of $20,609,633.81. -FORT HALL (b) Confirm the Mayor’s appointment of Tabatha REPLICA COMMISSION Butler to serve as a member of the Fort Hall APPOINTMENT Replica Commission, filling a long-term vacancy. Ms. Butler’s term will begin January 20, 2012, and will expire January 20, 2016. Mr. Johnston announced Ms. Butler is the new director of the Bannock County Museum. -POCATELLO (c) Confirm the Mayor’s appointment of Roger Bray DEVELOPMENT to serve as the City Council liaison for the AUTHORITY Pocatello Development Authority, replacing APPOINTMENT Eva Johnson Nye. Mr. Bray’s term will begin January 20, 2012, and will expire May 1, 2012. REGULAR CITY COUNCIL MEETING 2 JANUARY 19, 2012 -COUNCIL DECISION (d) Adopt the Council’s decision approving a WESTERN RECYCLING contract rezone for the property located at CONTRACT REZONE 3034 Garrett Way, changing the zoning from Light Industrial to Industrial to allow Western Recycling to operate a waste-related recycling facility on the premises, subject to conditions. -COUNCIL DECISION (e) Adopt the Council’s decision approving the IRON EAGLE Third Revised Final Plat for Iron Eagle ESTATES THIRD Estates Subdivision, Division One which REVISED FINAL PLAT subdivides the western half of approximately APPROVAL 9.06 acres into twenty (20) single family residential lots. This decision allows development of the subdivision in two phases. The parcel is situated east of Tech Farm Road off of Bannock Highway and south of Riverside Golf Course. A motion was made by Mr. Bray, seconded by Mr. Johnston, to approve the items on the Consent Agenda. Upon roll call, those voting in favor were Bray, Johnston, Brown, Cooper and Nye. AGENDA ITEM NO. 4: Mayor Blad announced that there were no COMMUNICATIONS AND communications or proclamations. PROCLAMATIONS Mayor Blad recognized cub scouts from Troop No. 336 in the audience. AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the CALENDAR REVIEW February 2nd Regular Council meeting at 6:00 PM and the February 9th Study Session at 9:00 AM. Mayor Blad announced that Tech Tips would be presented at Marshall Public Library on January 28th and reminded citizens to keep sidewalks clear of snow. Mr. Johnston announced the 150th Anniversary celebration of Idaho becoming a territory is being planned by the Idaho Historical Society. AGENDA ITEM NO. 6: Niki Taysom, Pocatello resident, shared her DISCUSSION ITEMS concerns regarding community youth being FROM THE AUDIENCE exposed to materials she feels are not appropriate. Ralph Baker, 755 North Arthur, announced that a constitution class was being offered on the 2nd and 4th Thursdays of each month at 7:00 PM at Chubbuck City Hall. REGULAR CITY COUNCIL MEETING 3 JANUARY 19, 2012 AGENDA ITEM NO. 7: Council was asked to consider a request from APPEAL OF PLANNING Mark and Heather Disselkoen (mailing address: AND DEVELOPMENT 635 Gary Street, Pocatello, ID 83201) to SERVICES DIRECTOR review two decisions of the Planning and DECISION-625 GARY Development Director concerning issuance of a STREET building permit for Burns Leavitt at 625 Gary Street. Heather Disselkoen, 635 Gary Street, stated that she feels there were alleged discrepancies in calculations of lot coverage percentages, and a building permit was wrongly issued for the property located at 625 Gary Street. She brought the discrepancies to the attention of the Planning and Development Services (P & DS) Department in a letter dated November 14, 2011, five days after a building permit was issued on the property. Mrs. Disselkoen felt that inaccurate figures were used to calculate the pervious and impervious percentages allowed on the property, resulting in an improper decision by the P & DS Director regarding variance requirements. Lon Crowell, P & DS Director, gave a brief history of the property and stated the decision to issue a building permit at the property was based upon data and facts gathered by staff prior to issuance and upon application by Mr. Leavitt, the property owner of 625 Gary Street. Mr. Crowell indicated the decision to allow the replacement of impermeable surface area with the permeable surface in order to reduce the lot coverage to the legal non-conforming percentage is consistent with Code section 17.03.240(B)(2) which states “…all primary driveways, which are those providing the required parking spaces for the use and/or those leading directly to garages shall be paved, not graveled. Additional parking areas, such as for RV’s, shall be either paved or graveled on an approved base such as weed barrier or geotextile.” He added that lot coverage was calculated according to figures based on the site plan that was submitted for the revised building permit that was issued, rather than the figures referenced for the variance application as stated by Mrs. Disselkoen. Mr. Crowell concluded that the calculation of the legal non-conforming lot coverage is 51% and the required square footage reduction to comply with this percentage is based on the best available information and considered to be reasonable. In response to a question from Council, Mr. Crowell indicated that the property owner has moved a shed and removed a portion of concrete to bring the property into compliance with pervious and impervious paving regulations. Mr. Crowell clarified that Mr. Leavitt has replaced the concrete in front of the 3rd bay of the garage with a pervious surface. REGULAR CITY COUNCIL MEETING 4 JANUARY 19, 2012 In response to a question from Council, Lynn Transtrum, Building Official, stated that building codes must be met before a certificate of occupancy can be issued on the property. Mr. Transtrum added that an inspection is performed when the project is complete, or the building permit timeframe expires. He added that failure to comply would result in a citation or legal action to bring about compliance or removal of the structure. Mr. Bray stated that P & DS and Building Department officials have ruled that the property was “grandfathered in” to the code adopted in 2008 which allows 51% impervious surfaces. Mr. Crowell added that the lot use as a single family dwelling on a single lot remained unchanged and therefore, it was not necessary to submit a variance request. In response to a question from Council regarding homeowners’ association covenants, Dean Tranmer, City Attorney, stated that private covenants and restrictions on lots in a subdivision are written and recorded by the developer and apply to every property within the subdivision until those covenants are amended or abolished. He added that changes must be approved by a majority of the lot owners. Mr. Tranmer added that homeowner covenants are not enforced by the City. However, he stated that setback requirements are enforced by the City, as they are set out for the health and safety of the public, such as providing access to firefighting equipment and personnel. Dave Foster, Associate Planner, shared that part of the requirements for the shed permit included the addition of a five foot setback and removal of the concrete in front of the third bay of the garage. Mayor Blad clarified that Mr. Leavitt has removed the shed per the Building Official’s instruction. Mr. Bray stated that although neighbors might not agree with the changes Mr. Leavitt has made to his property, he is still in compliance with the 2008 Code and that is the enforceable standard. A motion was made by Mr. Johnston, seconded by Mr. Bray, to sustain the decisions of the Planning and Development Director concerning issuance of a building permit for Burns Leavitt at 625 Gary Street. Mr. Cooper recused himself from the vote citing personal reasons. REGULAR CITY COUNCIL MEETING 5 JANUARY 19, 2012 Mr. Johnston’s motion was voted upon at this time. Upon roll call, those voting in favor were Johnston, Bray, Brown and Nye. Mr. Cooper abstained. The motion passed. AGENDA ITEM NO. 8: Council was asked to consider any comments 2012-2013 COMMUNITY received during the extended public comment DEVELOPMENT BLOCK period which ended on January 16, 2012, for GRANT ACTION PLAN this Action Plan and allocations as –ACKNOWLEDGEMENT OF recommended by the Community Development COMMENTS AND Block Grant (CDBG) Advisory Committee. Once SUBMISSION TO HUD approved, the Action Plan will govern spending and activities involving CDBG funds from April 1, 2012 to March 31, 2013. Based on the reductions to the anticipated allocation, cuts have been proposed in the infill housing, sidewalk repair, and administration activities; these amendments were available for public comment for 30 days. Council was asked to approve the 2012-2013 Action Plan, determine the required conditions, and authorize forwarding of the plan to the United States Department of Housing and Urban Development (HUD). The Council may also wish to authorize the Mayor’s signature on all requisite contract documents, subject to Legal Department review, with HUD and any subrecipients or subcontractors. Melanie Gygli, Neighborhood and Community Services manager, stated public comments were accepted through January 17, 2012, and no comments were received. She added that the final allocation amount was $367,106.00. A motion was made by Mr. Johnston, seconded by Mrs. Nye, to approve the 2012-2013 Action Plan, authorize forwarding of the plan to HUD and authorize the Mayor’s signature on all requisite contract documents, subject to Legal Department review, with HUD and any subrecipients or subcontractors. Upon roll call, those voting in favor were Johnston, Nye, Bray, Brown and Cooper. AGENDA ITEM NO. 9: This time was set aside for the Council to PUBLIC HEARING receive comments from the public regarding –JANUARY FISCAL proposed amendments to the Fiscal Year 2012 YEAR 2012 BUDGET budget. An ordinance to amend the budget has AMENDMENTS been prepared under Agenda Item No. 17 for Council’s consideration. Mayor Blad opened the public hearing. Dave Swindell, Chief Financial Officer, gave an overview of the proposed budget amendments and noted that amending the budget in detail allows public and Council involvement rather than building in contingency allotments. He added that unanticipated grants and REGULAR CITY COUNCIL MEETING 6 JANUARY 19, 2012 revenues have been received resulting in 16 amendments in the amount of $1,178,000.00. Mr. Swindell noted that the largest amendments include a $500,000.00 grant from the Federal Aviation Administration; a $275,000.00 grant from the Idaho Transportation Department; and a $120,000.00 grant to hire two new police officers. Mr. Swindell stated there had not been any written comments received. John, Bischoff, 1316 Garfield Avenue, spoke uncommitted to the proposed amendment and asked why changes will be made to the Airport, as it already is equipped to land jets. Mayor Blad indicated that changes are not being made to the Airport, but rather being used to subsidize the ability to secure jet service. Niki Taysom, Pocatello, spoke in opposition to the budget amendments stating that although she supports additional police officers, she is not in support of offering benefits to the officers. Dave Swindell clarified that the Airport grant is not to make physical changes to the Airport. He stated the grant was allocated by the FAA to help small airports secure jet service with the airlines. There being no further public comments, Mayor Blad closed the public hearing and announced that an ordinance had been prepared for Council’s consideration. AGENDA ITEM NO. 10: Council was asked to accept staff BID-ASPHALT recommendations to approve the bid for a 2012 PAVER FOR STREET Self-Propelled rubber Track Type Asphalt DEPARTMENT Paving Machine in the amount of $381,512.00 (less trade-in of a 1998 CAT paver for $35,000.00), from Western States Equipment Company, who was the lowest responsive bidder. A motion was made by Mrs. Nye, seconded by Mr. Brown, to approve the bid for a 2012 Self-Propelled rubber Track Type Ashphalt Paving Machine in the amount of $381,512.00 (less trade-in of a 1998 CAT paver for $35,000.00) to Western States Equipment Company. Upon roll call, those voting in favor were Nye, Brown, Bray, Cooper and Johnston. AGENDA ITEM NO. 11: Council was asked to approve the SURPLUS 1998 ELGIN recommendation by City staff to surplus one REGULAR CITY COUNCIL MEETING 7 JANUARY 19, 2012 STREET SWEEPER AND (1) 1998 Elgin Self-propelled street sweeper ALLOW CITY OF and allow the City of American Falls, Idaho, AMERICAN FALLS TO to purchase the sweeper for $6,000.00. The PURCHASE value of the equipment has been verified through several sources. A motion was made by Mr. Bray, seconded by Mr. Cooper, to surplus one (1) 1998 Elgin Self-propelled street sweeper and allow the City of American Falls, Idaho, to purchase the sweeper for $6,000.00. Upon roll call, those voting in favor were Bray, Cooper, Brown, Johnston and Nye. AGENDA ITEM NO. 12: Council was asked to approve submission of GRANT APPLICATIONS the following grants to the Idaho Department –RECREATIONAL of Parks and Recreation for the Recreation TRAIL PROGRAM Trail Program and, if awarded, authorize the Mayor to sign, subject to Legal Department approval, documents related to the grants: -MINK CREEK NORDIC (a) An application for funds in the amount of SKI AREA $18,800.00 for improvements to the Mink Creek Nordic Ski Area, including the installation of three (3) culverts and the grading and reseeding of core trails. The City’s required match would be $2,640.00 for Street Department labor and equipment; and -CITY CREEK (b) An application for funds in the amount of MANAGEMENT AREA $20,475.00 for improvements to the City Creek Management Area including bridge replacements and erosion control measures in City Creek and the Bench Trails. The required match will be provided by user groups, including cash and volunteer labor. No matching City funds are necessary. A motion was made by Mr. Brown, seconded by Mr. Johnston, to approve submission of grants as outlined in Agenda No. 12 (a) and 12 (b), to the Idaho Department of Parks and Recreation for the Recreation Trail Program and, if awarded, authorize the Mayor to sign any documents related to the grants, subject to Legal Department approval. Upon roll call, those voting in favor were Brown, Johnston, Bray, Cooper and Nye. AGENDA ITEM NO. 13: Council was asked to accept the ARCHITECTURE AND recommendations by staff and approve, subject ENGINEERING CONTRACT to Legal Department approval, a contract with -TRANSIT FACILITY Jensen, Hayes, and Shropshire (JHS) Architects, P.A., for architectural, engineering, and design services for the new Public Transit Maintenance, Administration, and Operations Facility to be constructed at 5775 South 5th Avenue. JHS Architects, a local firm, was chosen on a qualifications basis by competitive bid, and the REGULAR CITY COUNCIL MEETING 8 JANUARY 19, 2012 negotiated contract base Fixed Fee proposed is $245,650.00. The project is funded at a rate of eighty percent (80%) federal (FTA) grant. One-third of the twenty percent (20%) local match requirement will be met by rural revenues, so the City’s match requirement for the contract is $32,753.00. A motion was made by Mr. Johnston, seconded by Mrs. Nye, to approve a contract with JHS Architects, P.A., for architectural, engineering, and design services for the new Public Transit Maintenance, Administration, and Operations Facility to be constructed at 5775 South 5th Avenue and that the negotiated contract base Fixed Fee is $245,650.00, subject to Legal Department approval. Upon roll call, those voting in favor were Johnston, Nye, Bray and Brown. Mr. Cooper voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 14: Council was asked to adopt a resolution RESOLUTION adopting an Affirmative Action Plan for the –ANNUAL AFFIRMATIVE Pocatello Transit Department during the time ACTION PLAN-TRANSIT period of November 1, 2011, through October 31, 2012. This is an updated version of prior plans and is an annual requirement of the Urban Mass Transportation Act of 1964. A motion was made by Mr. Johnston, seconded by Mr. Brown, to adopt a resolution (2012-01) adopting an Affirmative Action Plan for the Pocatello Transit Department during the time period of November 1, 2011, through October 31, 2012, updating prior versions of the plan, as an annual requirement of the urban Mass Transportation Act of 1964. Upon roll call, those voting in favor were Johnston, Brown, Bray, Cooper and Nye. AGENDA ITEM NO. 15: Council was asked to authorize a Memorandum MOU FOR SAFETY of Understanding (MOU) to allow the Police AND ACCOUNTABILITY Department to participate in an audit of the AUDIT-POLICE department’s policies, procedures and practices regarding domestic violence and violence against women. The audit will be performed by members of the Bannock County Domestic Violence and Sexual Assault Task Force at no cost to the City. The Police Department welcomes the audit as a way of strengthening staff’s response to these crimes. A motion was made by Mr. Bray, seconded by Mr. Cooper, to authorize an MOU to allow the Police Department to participate in an audit of the department’s policies, procedures and practices regarding domestic violence and violence against women. Upon roll call, those voting in favor were Bray, Cooper, Brown, Johnston and Nye. AGENDA ITEM NO. 16: Council was asked to adopt a resolution REGULAR CITY COUNCIL MEETING 9 JANUARY 19, 2012 RESOLUTION-POLICE adopting the October 1, 2011, edition of the POLICY MANUAL Pocatello Police Department Policy Manual, as recommended by the Chief of Police, to provide consistent execution of the responsibilities and duties of the Pocatello Police Department staff, and to authorize semiannual revisions of said manual, as recommended by Lexipol, LLC, and approved by the Chief of Police. A motion was made by Mr. Johnston, seconded by Mrs. Nye, to adopt a resolution (2012-02) adopting the October 1, 2011, edition of the Pocatello Police Department Policy Manual, as recommended by the Chief of Police and authorize semiannual revisions of said manual, as recommended by Lexipol, LLC, and approved by the Chief of Police. Upon roll call, those voting in favor were Johnston, Nye, Bray, Brown and Cooper. AGENDA ITEM NO. 17: Council was asked to adopt an ordinance ORDINANCE amending the City’s Fiscal Year 2012 Budget FY 2012 BUDGET to increase said budget by $1,178,709.00 to AMENDMENT account for additional revenues, including grant funds, received by the City and to use previously unappropriated cash balances for unanticipated expenses incurred by the City. A motion was made by Mrs. Nye, seconded by Mr. Cooper, that the ordinance, Agenda Item 17, be read only by title and placed on final passage for publication, and that the full ordinance be submitted for publication. Upon roll call, those voting in favor were Nye, Cooper, Bray, Brown and Johnston. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance amending the City’s Fiscal Year 2012 Budget to increase said budget by $1,178,709.00 to account for additional revenues, including grant funds, received by the City and to use previously unappropriated cash balances for unanticipated expenses incurred by the City. Mayor Blad asked “Shall the ordinance pass?” Upon roll call, those voting in favor were Bray, Brown, Cooper, Johnston and Nye. Mayor Blad declared the ordinance passed, that it be numbered 2905 and be submitted to the Idaho State Journal for publication. There being no further business, Mayor Blad adjourned the meeting at 7:37 PM. APPROVED: REGULAR CITY COUNCIL MEETING 10 JANUARY 19, 2012 BRIAN C. BLAD, MAYOR ATTEST: RUTH WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK