City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING APRIL 5, 2012 CLARIFICATION The City Council Agenda Clarification MEETING Meeting was called to order at 5:35 PM by Mayor Brian Blad. Council members present were Roger Bray, Steve Brown, Craig Cooper, Gary Moore, and Eva Johnson Nye. Council member Jim Johnston 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 6:02 PM by Mayor Brian Blad. PLEDGE OF Council members present were Steve Brown, ALLEGIANCE Craig Cooper, Gary Moore and Eva Johnson Nye. Council members Roger Bray and Jim Johnston were excused. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was given by Mustafa Jamal, INVOCATION representative of the Muslim faith. 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 minutes of the March 8, 2012, and March 15, 2012, Service Level Report meetings; March 15, 2012, Study Session; and Executive Session of March 15, 2012. -PAYROLL AND (b) Payroll and material claims for the month of MATERIAL CLAIMS March 2012 in the amount of $7,828,565.29. -CDBG ADVISORY (c) Confirm the Mayor’s appointment of Delverne COMMITTEE Seaman to serve as a member of the Community APPOINTMENT Development Block Grant (CDBG) Advisory Committee, replacing Susan Dewey who resigned. Mr. Seaman’s term will begin April 6, 2012, and will expire January 1, 2014. -GAS LINE (d) Grant an easement to Intermountain Gas EASEMENT Company to extend a gas service line across –INTERMOUNTAIN City owned property at the Pocatello Creek GAS COMPANY Landfill to provide natural gas to the Pocatello Field Archers’ indoor facility. REGULAR CITY COUNCIL MEETING 2 APRIL 5, 2012 -VOLUNTEER (e) Approve Volunteer Agreements for Diana Rich AGREEMENTS-POLICE and Matthew Hill, students from the Idaho State University Law Enforcement program, to volunteer as interns in the Police Department. The internships are necessary for the student’s degree programs. Each intern will observe department procedures and assist with appropriate projects and research at no cost to the City. Volunteer Agreements have been prepared by the Legal Department. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve the items on the Consent Agenda. Upon roll call, those voting in favor were Moore, Nye, Brown and Cooper. AGENDA ITEM NO. 4: Mr. Brown, on behalf of Mayor Blad, COMMUNICATIONS AND proclaimed April 2012 to be Civitan PROCLAMATIONS Awareness Month in Pocatello and encouraged residents to actively support this international service organization. Claudia Allen, Civitan President, thanked the Mayor and Council for the Proclamation and announced upcoming Civitan sponsored events. Danielle Sorrell, Civitan Friend’s Club, also thanked the Mayor and Council for the recognition of Civitan Awareness Month. Mrs. Nye, on behalf of Mayor Blad, proclaimed April 2012 to be Fair Housing Month in Pocatello and urged citizens and businesses to increase their awareness of the Federal Fair Housing Act. Sheri Davies, Fair Housing Committee Chair, accepted the proclamation from Mayor Blad and thanked the Council for their support. Mayor Blad recognized Scouts from Troop 323. AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the April CALENDAR REVIEW 12th Study Session at 9:00 AM immediately followed by Service Level Reports; and the April 19th Regular City Council meeting at 6:00 PM. Mayor Blad also announced April 8th through the 14th is National Library Week with events at Marshall Public Library to take place on Tuesday, April 10th from 4:00 PM to 6:00 PM; the Wrangler Frontier Pro Rodeo will take place April 11th through 14th; Animal Services Department will be hosting Petco Adoption Options on April 16th at the Clarion Inn from 9:00 AM to 5:00 PM, with registration open through April 9th; and the annual spring clean up at City cemeteries continues through the end of April. Crews will be removing and discarding all flowers and decorations. AGENDA ITEM NO. 6: Louis Archuletta, 1965 Ardella Drive, REGULAR CITY COUNCIL MEETING 3 APRIL 5, 2012 DISCUSSION ITEMS announced the Occupy Pocatello group would FROM THE AUDIENCE be holding a spring rally on Saturday, April 7th and hosting an hour long television show on Channel 12 called “Viva Occupy.” He also requested to display a tent at Caldwell Park as a symbol of their group’s efforts. Ralph Baker, 755 North Arthur Avenue, invited the Council to Constitution classes being held on the 2nd and 4th Thursdays of each month at Chubbuck City Hall. Idaho Lorax, Pocatello citizen, feels an unnamed park in Pocatello should be given the name “People’s Park.” He announced a free benefit event on April 12th. AGENDA ITEM NO. 7: This time was set aside for Council to PUBLIC HEARING receive comments from the public concerning –VACATION OF EAST a request by the City of Pocatello, STREET AND ALLEY represented by Matthew Lewis, and Pocatello Neighborhood Housing Services (mailing address: 206 North Arthur Avenue, Pocatello ID 83204), to vacate and abandon the public’s interest in the right-of-way of East Street and the alley between the 1500 block of North Hayes Avenue and the 600 block of West Connor Street. Mayor Blad opened the public hearing. Matt Lewis, Planning Division Manager, gave an overview of the proposed vacation and shared several benefits to vacating the property and the proposed changes to the lots. Mr. Lewis stated written correspondence in support of the application to vacate had been received and copies were given to the Council members. Staff recommended approval of the request with the following requirements: 1) a ten (10) foot wide utility easement shall be retained over the vacated alley and extending ten (10) feet to the east, for a total 20-foot wide easement. A 20-foot wide easement shall be retained generally following East Street, but shifted to the east to allow for better home siting. The overhead cable line extending from a pole located adjacent East Street and extending west to the fire station shall have a ten (10) foot wide utility easement retained (five (5) feet on either side of the new property lines.); 2) easements for all utility services shall be created and recorded at the County. Said easements shall not be recorded until new infrastructure is in place including but not limited to curb, gutter, sidewalk, and planned utility hook-ups; 3) any new legal description for the area to be vacated or easements created shall be completed with review and approval made by the City Surveyor prior to publication and recording; and 4) any other requirements not herein noted above but applicable as part of an approved vacation shall be strictly adhered to. Ralph Baker, 755 North Arthur, spoke uncommitted to the proposed REGULAR CITY COUNCIL MEETING 4 APRIL 5, 2012 vacation. He feels adding new homes will delay the recovery of the real estate market. There being no further public comments, Mayor Blad closed the public hearing. A motion was made by Mr. Moore, seconded by Mr. Brown, to vacate and abandon the public’s interest in the right-of-way of East Street and the alley between the 1500 block of North Hayes Avenue and the 600 block of West Connor Street with conditions recommended by staff and that the decision be set out in the appropriate Council Decision format. Upon roll call, those voting in favor were Moore, Brown, Cooper and Nye. AGENDA ITEM NO. 8: Council was asked to consider a request by PERPENDICULAR Grace Lutheran Church and School (mailing PARKING ON CALICO address: 1350 Baldy Avenue, Pocatello ID CIRCLE-GRACE 83201), for permission to allow LUTHERAN CHURCH/ perpendicular parking along Calico Circle SCHOOL which results in the right-of-way being used for maneuver area. Municipal Code 17.05.560(E) prohibits “use of public right-of-way for maneuver area” unless the City Council grants an exception. City staff recommended approval of the request. A motion was made by Mrs. Nye, seconded by Mr. Brown, to grant permission to allow perpendicular parking along Calico Circle which results in the right-of-way being used for maneuver area, subject to Legal Department approval. Upon roll call, those voting in favor were Nye, Brown, Cooper and Moore. AGENDA ITEM NO. 9: Council was asked to consider a request by REVISED FINAL PLAT Mark Brown of MBA Construction (mailing -VISTA MEDICAL PARK address: 298 West Bridge Street, Blackfoot SUBDIVISION ID 83221), and Rocky Mountain Engineering and Surveying (mailing address: 2043 East Center, Pocatello ID 83201), for a revised final plat for the Vista Medical Park Subdivision. The request is to subdivide property into six (6) commercial lots located east of Vista Drive and north of East Center Street. City staff recommended approval of the request with the following conditions: 1) all conditions submitted by Engineering staff and specifically outlined in a memorandum from Merril Quayle, dated March 16, 2012, shall be strictly adhered to; 2) on-street parking shall be prohibited on Vista Drive; and 3) all other standards and conditions of Municipal Code not herein stated but applicable to commercial development shall apply. Mitchell Greer, Rocky Mountain Engineering and Surveying, stated Condition No. 3 included a conflict between Municipal Code and Fire Department Code. He proposed an exception to Condition No. 3, REGULAR CITY COUNCIL MEETING 5 APRIL 5, 2012 allowing the use of PVC 900 Class 200 pipe. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve the request for a revised final plat for the Vista Medical Park Subdivision to subdivide property into six (6) commercial lots located east of Vista Drive and north of East Center Street, with conditions set out in the Planning and Development Services Department staff report, with the exception to modify Condition No. 3, allowing the use of PVC 900 Class 200 materials, and that the decision be set out in the appropriate Council Decision format. In response to a question from Council, Merril Quayle, Development Engineer, stated the PVC pipe is approved for commercial development. He added that although PVC is not the preferred material for City infrastructure projects, it is approved material for private systems and adequately connects to City systems. Mr. Moore’s motion was voted upon at this time. Upon roll call, those voting in favor were Moore, Nye, Brown and Cooper. AGENDA ITEM NO. 10: Council was asked to adopt the proposed SECTON 3 PLAN AND Section 3 Plan and Procurement Policy. As PROCUREMENT POLICY an entitlement city, Pocatello is required to ensure that employment and other economic assistance generated by HUD financial assistance, such as Community Development Block Grants (CDBG), is directed to low-income persons. The Section 3 Plan sets out the mechanism for this preference. The CDBG Advisory Committee and Credit Committee have reviewed the plan and recommend its adoption. A motion was made by Mr. Moore, seconded by Mrs. Nye, to adopt the proposed Section 3 Plan and Procurement Policy as recommended by the CDBG Advisory Committee and Credit Committee. Upon roll call, those voting in favor were Moore, Nye, Brown and Cooper. AGENDA ITEM NO. 11: Council was asked to consider a request from SIGN REQUEST the Pocatello Field Archers’ (PFA) to allow –POCATELLO FIELD placement of a 4 foot by 6 foot sign on ARCHERS City-owned property leased by PFA. The lease agreement, dated July 28, 2009, allows for placement of a sign at PFA’s expense upon written consent of the City as to size, construction location, appearance, and adherence to Bannock County Code. Scott Roberts, 252 East Walnut, serves as president of PFA and distributed copies of the proposed metal art sign to the Council. A motion was made by Mr. Brown, seconded by Mr. Cooper, to approve a request from PFA to allow placement of a 4 foot by 6 foot sign on REGULAR CITY COUNCIL MEETING 6 APRIL 5, 2012 City owned property leased by PFA, contingent upon approval of the sign by Bannock County. Upon roll call, those voting in favor were Brown, Cooper, Moore and Nye. AGENDA ITEM NO. 12: Council was asked to consider granting an EXCEPTION REQUEST exception to City Ordinance 5.06.010 to –VENDOR SALES allow vendor sales in Ross Park for the FOR SPINDERELLA “Spinderella” women’s cycling event on June EVENT 2, 2012. The event sponsors wish to have vendor sales, including food and beverage, during their event. Since vendor sales in Ross Park are not specifically allowed by the ordinance, an exception must be granted by the City Council. If the exception is granted, event sponsors will be required to submit the required applications, provide proof of liability insurance, and pay the applicable vendor permit fees. A motion was made by Mr. Moore, seconded by Mrs. Nye, to grant an exception to City Ordinance 5.06.010 to allow vendor sales in Ross Park for the “Spinderella” women’s cycling event on June 2, 2012, and that the event sponsors a) submit the required applications; b) provide proof of liability insurance; and c) pay the applicable vendor permit fees. Upon roll call, those voting in favor were Moore, Nye, Brown and Cooper. AGENDA ITEM NO. 13: Council was asked to consider granting an EXCEPTION REQUEST exception to City Ordinance 12.36.060 to –BEER/WINE PERMIT allow Jim and Carol Park to apply for a beer HALLIWELL PARK and wine permit for their daughter’s wedding and reception to be held at Halliwell Park on August 11, 2012, from 1:00 PM to 5:00 PM. Since a beer/wine permit for Halliwell Park is not specifically allowed by the ordinance, an exception must be granted by the City Council. If granted, the Parks will be required to request the beer/wine permit, provide the required liability insurance and pay the $50.00 fee. A motion was made by Mrs. Nye, seconded by Mr. Moore, to grant an exception to City Ordinance 12.36.060 to allow Jim and Carol Park to apply for a beer and wine permit for their daughter’s wedding to be held at Halliwell Park on August 11, 2012, from 1:00 PM to 5:00 PM and that Mr. and Mrs. Parks be required to a) request the beer/wine permit; b) provide the required liability insurance; and c) pay the $50.00 fee. Upon roll call, those voting in favor were Nye, Moore, Brown and Cooper. AGENDA ITEM NO. 14: Council was asked to consider a request from “COUNCIL SELECT” the Veterans’ Sanctuary Program at Idaho REGULAR CITY COUNCIL MEETING 7 APRIL 5, 2012 FUNDING REQUEST State University (ISU), represented by –ISU VETERANS’ Tomarra Byington, to use $250.00 of “Council SANCTUARY PROGRAM Select” funds to pay for admission to the Zoo, on April 28, 2012, for veterans and their family members. As of March 30, 2012, $4,250.00 remained in the “Council Select” line item. A motion was made by Mr. Moore, seconded by Mrs. Nye, to use “Council Select” funds in the amount of $250.00 to help pay for admission to the Zoo, on April 28, 2012, for veterans and their family members. Upon roll call, those voting in favor were Moore, Nye, Brown and Cooper. AGENDA ITEM NO. 15:Council was asked to consider a request from “COUNCIL SELECT” The Kiwanis Club of Pocatello, represented FUNDING REQUEST by Ed Bowman (mailing address: PO Box 295, -KIWANIS CLUB Pocatello ID 83204), for “Council Select” OF POCATELLO funds in the amount of $250.00 to be used to help pay for the rental and moving of 30 tables for the 45th Annual Bing Hong Kiwanis Pancake Breakfast planned for June 23rd and 24th. As of March 30, 2012, $4,250.00 remained in the “Council Select” line item. Additionally, the Kiwanis are requesting a waiver of the shelter rental fee as they built the shelter. A motion was made by Mr. Cooper, seconded by Mr. Brown, to use “Council Select” funds in the amount of $250.00 to be used to help pay for the rental and moving of 30 tables for the 45th Annual Bing Hong Kiwanis Pancake Breakfast to be held June 23rd and 24th, 2012, and that the shelter rental fee be waived for this event. Upon roll call, those voting in favor were Cooper, Brown, Moore and Nye. AGENDA ITEM NO. 16: Council was asked to approve a resolution GRANT AGREEMENT AND and authorize execution of a Grant RESOLUTION-AIRPORT Agreement, subject to Legal Department approval, with the Idaho Transportation Department Division of Aeronautics. The grant is for $20,000.00 and will be used for the purchase of a new Airport Rescue and Fire Fighting vehicle and design costs for the rehabilitation of runway 17/35. The grant requires a match of $40,000.00 which will be provided using Airport Passenger Facility charge funds already allocated to the project. A motion was made by Mr. Moore, seconded by Mr. Brown, to approve a resolution (2012-03) and authorize execution of a Grant Agreement, subject to Legal Department approval, with the Idaho Transportation Department Division of Aeronautics to be used for the purchase of a new Airport Rescue and Fire Fighting vehicle and design costs for REGULAR CITY COUNCIL MEETING 8 APRIL 5, 2012 the rehabilitation of runway 17/35. Upon roll call, those voting in favor were Moore, Brown, Cooper and Nye. AGENDA ITEM NO. 17: Council was asked to approve a grant GRANT APPLICATION application to the Federal Aviation –AIRPORT Administration under the Airport Improvement 17/35 RUNWAY Program in the amount of $6,579,000.00, and REHABILITATION if awarded, authorize acceptance of the grant and authorize the Mayor to sign, subject to Legal Department approval, documents related to the grant. The grant will be used to completely rehabilitate runway 17/35 and requires a local match of 6.25%. A motion was made by Mr. Brown, seconded by Mr. Moore, to approve a grant application to the Federal Aviation Administration under the Airport Improvement Program in the amount of $6,579,000.00, and if awarded, authorize acceptance of the grant and authorize the Mayor to sign, subject to Legal Department approval, documents related to the grant. Upon roll call, those voting in favor were Brown, Moore, Cooper and Nye. AGENDA ITEM NO. 18: Council was asked to consider a request by TEMPORARY ROAD Portneuf Valley Brewing LLC (mailing CLOSURE AND OPEN address: 615 South 1st Avenue, Pocatello ID CONTAINER WAIVER 83201), to close the 600 block of South 1st REQUESTS-PORTNEUF Avenue and also grant a waiver of City VALLEY BREWING LLC ordinances regarding open containers to allow the sale of beer and wine at a September 29, 2012, fundraiser for Pebble Creek Ski Patrol. Portneuf Valley Brewing is requesting that the streets be closed from Noon until Midnight for the event. If the open container ordinance is waived it should be contingent upon the applicant meeting Police Department requirements and the appropriate catering permits being purchased. Penny Pink, 7118 North Beehive Road, is the owner of Portneuf Valley Brewing and stated the annual event raises funds for the Pebble Creek Ski Patrol. A motion was made by Mr. Cooper, seconded by Mrs. Nye, to approve the request by Portneuf Valley Brewing LLC to close the 600 block of South 1st Avenue and grant a waiver of City ordinances regarding open containers and allow the sale of beer and wine at a fundraiser to be held September 29, 2012 and that the streets be closed from 12:00 PM noon until 12:00 AM midnight for the event, contingent upon the applicant meeting Police Department requirements and the appropriate catering permits being purchased. Upon roll call, those voting in favor were Cooper, Nye, Brown and Moore. AGENDA ITEM NO. 19: Council was asked to approve an agreement REGULAR CITY COUNCIL MEETING 9 APRIL 5, 2012 2012 PUBLIC with Prime Time Auctions to conduct the 2012 AUCTION AGREEMENT Public Auction for the City of Pocatello to –PRIME TIME be held on May 12, 2012. A motion was made by Mr. Moore, seconded by Mr. Brown, to approve an agreement with Prime Time Auctions to conduct the 2012 Public Auction for the City of Pocatello to be held on May 12, 2012. Upon roll call, those voting in favor were Moore, Brown, Cooper and Nye. AGENDA ITEM NO. 20:Council was asked to approve a lease AIRPORT LEASE agreement with Tom Johansen for property at AGREEMENT-JOHANSEN the Pocatello Regional Airport. The lease will be for 9,500 square feet of warehouse space and will be for five (5) one-year terms. The rental rate will be $278.01 per month and will be reviewed annually and increased at least by the amount of the CPI increase for the previous year. A motion was made by Mrs. Nye, seconded by Mr. Brown, to approve a lease agreement with Tom Johansen for property at the Pocatello Regional Airport for 9,500 square feet of warehouse space for five (5) one-year terms and that the rental rate will be $278.01 per month and will be reviewed annually and increased at least by the amount of the CPI increase for the previous year. Upon roll call, those voting in favor were Nye, Brown, Cooper and Moore. AGENDA ITEM NO. 21: Council was asked to approve a Mutual Aid MUTUAL FIRE AID Agreement with the Bureau of Land Management AGREEMENT-BLM (BLM). The Agreement is similar to ones the City has had in the past with BLM and only requires that the Pocatello Fire Department responds when resources are available. The Mutual Aid Agreement is for one year. A motion was made by Mr. Moore, seconded by Mr. Cooper, to approve a Mutual Aid Agreement with the Bureau of Land Management (BLM) requiring that the Pocatello Fire Department responds only when resources are available and the Agreement will be for a term of one year. Upon roll call, those voting in favor were Moore, Cooper, Brown and Nye. AGENDA ITEM NO. 22: Council was asked to authorize entering into USE AGREEMENT a Use Agreement, subject to Legal Department –IDAHO NATIONAL approval, with the Idaho National Guard GUARD under which the 937/938 Engineering Detachment will use the Fire Department’s Airport Rescue and Firefighting training facility at the Pocatello Regional Airport. The term of the agreement is one day and the City will be compensated for the facility fee and material usage. A motion was made by Mrs. Nye, seconded by Mr. Cooper, to authorize entering into a Use Agreement, subject to Legal Department REGULAR CITY COUNCIL MEETING 10 APRIL 5, 2012 approval, with the Idaho National Guard under which the 937/938 Engineering Detachment will use the Fire Department’s Airport Rescue and Firefighting training facility at the Pocatello Regional Airport for a term of one day and the City will be compensated for the facility fee and material usage. Upon roll call, those voting in favor were Nye, Cooper, Brown and Moore. AGENDA ITEM NO. 23: Council was asked to consider approving a SACAJAWEA PARK construction contract, subject to Legal STORMWATER FACILITY Department approval, with Gabe Monroe, d/b/a CONSTRUCTION Cornerstone Concrete, in the amount of –CORNERSTONE CONCRETE $18,940.78 for concrete work on the Day Street Sacajawea Stormwater Management Facility. The concrete work will prevent erosion around the existing flume at the facility which is used to measure stormwater discharge and pollutant loads as required by the City’s NPDES permit. Funds for this project are available in the Science and Environment Division budget. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve a construction contract, subject to Legal Department approval, with Gabe Monroe, d/b/a Cornerstone Concrete, in the amount of $18,940.78 for concrete work on the Day Street Sacajawea Stormwater Management Facility. Upon roll call, those voting in favor were Moore, Nye, Brown and Cooper. AGENDA ITEM NO. 24: Council was asked to adopt a resolution RESOLUTION-CITY providing for the destruction of temporary RECORDS DESTRUCTION records pursuant to Idaho Code §50-907 and the City’s Record Policy. The Idaho State Archives has reviewed the request and does not consider these records to have historical significance and has no desire in obtaining these records. A motion was made by Mr. Moore, seconded by Mrs. Nye, to adopt a resolution (2012-04) providing for the destruction of temporary records pursuant to Idaho Code §50-907 and the City’s Record Policy. Upon roll call, those voting in favor were Moore, Nye, Brown and Cooper. Mayor Blad recognized scouts from Troop 171. There being no further business, Mayor Blad adjourned the meeting at 7:01 PM. APPROVED: REGULAR CITY COUNCIL MEETING 11 APRIL 5, 2012 BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK