City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING FEBRUARY 2, 2012 CLARIFICATION The City Council Agenda Clarification MEETING Meeting was called to order at 5:39 PM by Mayor Brian Blad. Council members present were Roger Bray, Steve Brown, Craig Cooper, Jim Johnston and Gary Moore. Council member Eva Johnson Nye 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 6:05 PM by Mayor Brian Blad. PLEDGE OF Council members present were Roger Bray, ALLEGIANCE Steve Brown, Craig Cooper, Jim Johnston and Gary Moore. Council member Eva Johnson Nye was excused. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was offered by Pastor Scott INVOCATION Sampson, Rocky Mountain Ministries. AGENDA ITEM NO. 3: Council was asked to consider the following CONSENT AGENDA business items: -MINUTES (a) Waive the oral reading of the minutes and approve the modified minutes of the Clarification and Regular Council meeting of November 17, 2011; Clarification and Regular Council meeting of December 15, 2011. -PAYROLL AND (b) Payroll and materials claims for the month MATERIALS CLAIMS of January 2012, in the amount of $5,447,251.38. -AIRPORT (c)Confirm the Mayor’s reappointments of COMMISSION Dawn Sparrow-Clark and Tim Magagna to REAPPOINTMENTS continue their service as members of the Airport Commission. Ms. Clark’s term will begin February 5, 2012, and will expire February 5, 2014. Mr. Magagna’s term will begin February 22, 2012, and will expire February 22, 2014. -ANIMAL SHELTER (d) Confirm the Mayor’s reappointments of Beth ADVISORY BOARD Cronin and Eileen Jackson to continue their REAPPOINTMENTS service as members of the Animal Shelter Advisory Board. Both terms will begin February 8, 2012, and will expire February 8, 2014. REGULAR CITY COUNCIL MEETING 2 FEBRUARY 2, 2012 -FORT HALL (e) Confirm the Mayor’s appointment of Judy REPLICA COMMISSION Taylor to serve as a member of the Fort Hall APPOINTMENT Replica Commission, filling a long-term vacancy. Ms. Taylor’s term will begin February 3, 2012, and will expire February 3, 2016. -FRIENDS OF THE (f) Confirm the Mayor’s reappointments of Craig CEMETERY COMMITTEE Barnes and Stefani Herridge to continue REAPPOINTMENTS their service as members of the Friends of the Cemetery Committee. Both terms will begin February 4, 2012, and will expire February 4, 2014. -CITY EMPLOYEE (g) Approve enhancements to the existing CONTINUING Continuing Education Program for City EDUCATION PROGRAM employees (including members of the Fire Union) to increase the annual benefit amount available to participating full-time and half-time employees. -COUNCIL DECISION (h) Adopt the Council’s Decision to uphold the APPEAL OF PLANNING ruling of the Planning and Development AND DEVELOPMENT Services Director to issue a building permit SERVICES DECISION at 625 Gary Street with the conditions to -625 GARY STREET allow substitution of impermeable surfaces to meet the legal nonconforming percentage of impermeable area and to allow the removal of an impermeable surfaced approach to a third garage bay. A motion was made by Mr. Johnston, seconded by Mr. Bray, to approve the items on the Consent Agenda. Upon roll call, those voting in favor were Johnston, Bray, Brown, Cooper and Moore. AGENDA ITEM NO. 4: Mayor Blad announced that there were no COMMUNICATIONS AND communications or proclamations. PROCLAMATIONS Mayor Blad recognized scouts from Troop Nos. 176, 154, 145, 141 and 342. AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the CALENDAR February 9th Study Session at 9:00 AM and REVIEW the February 16th Regular Council meeting at 6:00 PM. Mayor Blad announced that registration for swim lessons at the Community Recreation Center is continuing; “Get Your Geek On” event, presented by the Marshall Public Library will be held at the College Market on February 11th at 2:30 PM; girls volleyball league registration will begin February 13th at the Community Recreation Center; Bannock boys and girls baseball registration will begin February 13th at the Community Recreation Center; and a series of REGULAR CITY COUNCIL MEETING 3 FEBRUARY 2, 2012 free classes entitled “A Layperson’s Perspective: Our Brain” will be presented February 7th through March 13th at the Marshall Public Library. Mayor Blad encouraged citizens to attend the ISU Women’s basketball game at Reed Gym following the meeting. AGENDA ITEM NO. 6: Ralph Huntington, 676 Aspen Lane, expressed DISCUSSION ITEMS his appreciation to the Council members who FROM THE AUDIENCE examined a drainage issue on Aspen Lane. Sherrie Goff, 431 South 10th Avenue, spoke on behalf of Occupy Pocatello, and encouraged the City Council to adopt a resolution to endorse an amendment to the constitution regarding corporate spending and election campaigns. Ms. Goff distributed draft copies of the resolution to members of the Council. Tanis Vaughn, 86 Palomino Street, spoke in support of the proposed resolution referenced by Ms. Goff. Ralph Baker, 755 North Arthur, stated that constitution classes are scheduled to take place at 7:00 p.m. on the 2nd and 4th Thursdays of each month at Chubbuck City Hall. Mr. Baker invited the Mayor and Council members to attend. John Bischoff, 1613 Garfield Avenue, spoke in support of the proposed resolution referenced by Ms. Goff. AGENDA ITEM NO. 7: Council was asked to approve a request by RIGHT OF WAY USE Syringa Networks for a right of way use LICENSE-GOULD license for the purpose of using a 4-inch STREET OVERPASS conduit located on Gould Street Bridge over the Union Pacific Rail Road for fiber optic cable. City staff recommends granting the right of way use license with conditions. A motion was made by Mr. Bray, seconded by Mr. Moore, to approve the request by Syringa Networks for a right of way use license for the purpose of using a 4-inch conduit located on Gould Street Bridge over the Union Pacific Rail Road for fiber optic cable with the following conditions: 1) a term of ten (10) years with one ten (10) year renewal interval. At the end of the 20 year term the right-of-way use license may be revisited. This will allow for Syringa Networks to be informed of planned overpass work as far in advance as possible to allow for relocation of fiber optic cable due to major bridge maintenance or replacement; 2) Syringa Networks accepts use of the conduit as is. If the conduit is in need of repairs prior to placing the four (4) 1” inner-ducts Syringa Networks shall follow the City’s permit process for review and approval and pay all associated fees and costs to repair the conduit; 3) all work placing the fiber optic lines and/or repairing REGULAR CITY COUNCIL MEETING 4 FEBRUARY 2, 2012 conduit shall be performed by a licensed and bonded contractor as required by the City, for work within the public right of way; 4) Syringa Networks will be responsible for all temporary or permanent fiber optic cable alternative paths due to major maintenance or bridge replacement during the term of the right-of- way use license; and 5) Syringa Networks shall provide general liability insurance naming the City of Pocatello as an additional insured in the amount required by the State Tort Claim Liability Act and that the Council Decision be set out in the appropriate Council Decision format. Upon roll call, those voting in favor were Bray, Moore, Brown, Cooper and Johnston. AGENDA ITEM NO. 8: Council was asked to authorize the Mayor to INTERGOVERNMENTAL sign the December 2011 Intergovernmental AGREEMENT-EDSON Agreement with the Southeast Region of the FICHTER COMMUNITY Idaho Fish and Game Department, subject to FISH POND Legal Department approval. Said Agreement authorizes various City departments to pursue placement of flush toilets and parking facilities at the Indian Hills Soccer Complex, adjacent to the newly constructed Edson Fichter Community Fish Pond. Of the total estimated project cost of $400,000.00, the participating City department’s portion will not exceed $300,000.00. Proposed facilities would benefit stakeholders of both the Community Fish Pond and the Indian Hills Soccer Complex. Coordination with appropriate City departments and the Soccer Association have been completed. A motion was made by Mr. Moore, seconded by Mr. Bray, to approve in-kind services from various City departments and funds not to exceed $300,000.00, and authorize the Mayor to sign the December 2011 Intergovernmental Agreement with the Southeast Region of the Idaho Fish and Game Department, subject to Legal Department approval. Dean Tranmer, City Attorney, stated that he will circulate the agreement to City departments in draft form to ensure City staff time, materials, and land use guidelines are addressed, prior to the Mayor’s signature. Mr. Bray noted that this project will enhance the EPA standards in the Edson Fichter area. Mr. Brown clarified that the City’s $300,000.00 portion of the project will be mostly in-kind services and materials. He also noted that other entities are donating to the project. Mr. Johnston expressed that he felt it would be beneficial to have a committee oversee the project. REGULAR CITY COUNCIL MEETING 5 FEBRUARY 2, 2012 Mr. Moore’s motion was voted upon at this time. Upon roll call, those voting in favor were Moore, Bray, Brown, Cooper and Johnston. AGENDA ITEM NO. 9: Council was asked to approve a Consent to CONSENT TO Lease Assignment allowing the lease ASSIGNMENT-POCATELLO agreement between Mr. Brent Nelson and the RACEWAY City for property at the Pocatello Regional Airport to be assigned to Mr. Nelson’s company, Pocatello Raceway, LLC. All other terms and conditions of the lease will remain unchanged. A motion was made by Mr. Cooper, seconded by Mr. Brown, to approve a Consent to Lease Assignment allowing a lease agreement with Mr. Brent Nelson for Property at the Pocatello Regional Airport to be assigned to Mr. Nelson’s company, Pocatello Raceway, LLC and that all other terms and conditions of the lease will remain unchanged. Upon roll call, those voting in favor were Cooper, Brown, Bray, Johnston and Moore. Mayor Blad clarified that the lease agreement is being reassigned from Mr. Nelson’s name into the name of his company, Pocatello Raceway, LLC. AGENDA ITEM NO. 10: Council was asked to approve the following HANGAR LEASE lease agreements for property at the AGREEMENTS-AIRPORT Pocatello Regional Airport: MIKE MARQUETTE/ a) 1,760 square foot hangar, one-year term with RANDY KAUTZSCH four (4) one-year renewal options, rental rate $205.00 per month; and H. C. HOWLETT b) 1,760 square foot hangar, one-year term with four (4) one-year renewal options, rental rate $205.00 per month. Both lease rates will be reviewed annually and increased at least by the amount of the CPI increase for the previous year. A motion was made by Mr. Johnston, seconded by Mr. Cooper, to approve the lease agreements as outlined in Agenda Item No. 10 (a) and 10 (b) for property at the Pocatello Regional Airport. Upon roll call, those voting in favor were Johnston, Cooper, Bray, Brown and Moore. REGULAR CITY COUNCIL MEETING 6 FEBRUARY 2, 2012 There being no further business, Mayor Blad adjourned the meeting at 6:38 PM. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK