City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING JUNE 21, 2012 CLARIFICATION The City Council Agenda Clarification MEETING Meeting was called to order at 5:30 p.m. by Council President Roger Bray. Council members present were Steve Brown, Gary Moore and Eva Johnson Nye. Council member Craig Cooper arrived at 5:46 p.m. Mayor Brian Blad and Council member Jim Johnston were 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 6:04 p.m. by Council President PLEDGE OF Roger Bray. Council members present were ALLEGIANCE Steve Brown, Craig Cooper, Gary Moore and Eva Johnson Nye. Mayor Brian Blad and Council member Jim Johnston were excused. Council President Bray led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was given by Nicholas INVOCATION Peck of the Church of Jesus Christ of Latter-day Saints. 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 from the May 3, 2012 Budget Development meeting; May 10, 2012 Study Session and Budget Development meeting; and June 7, 2012 Executive Session. -TREASURER’S (b) Consider the Treasurer’s Report for May REPORT 2012 showing cash and investments as of May 31, 2012 in the amount of $20,157,766.82. -HISTORIC (c) Confirm the Mayor’s reappointment of Camille PRESERVATION Schmidt to continue her service as a member COMMISSION of the Historic Preservation Commission. REAPPOINTMENT Ms. Schmidt’s term will begin July 3, 2012 and will expire July 3, 2015. -LIBRARY BOARD (d) Confirm the Mayor’s reappointment of REAPPOINTMENT Christine Stevens to continue her service as a member of the Library Board of Trustees. REGULAR CITY COUNCIL MEETING 2 JUNE 21, 2012 Ms. Stevens’ term will begin July 1, 2012 and will expire July 1, 2017. -VOLUNTEER (e) Consider a Volunteer Agreement with Lisa AGREEMENT-SMITH Smith. Ms. Smith will assist the Science and Environmental Division with stormwater and other environmental issues. The period of the agreement will be June 25, 2012 through December 31, 2012. -DAY CARE (f) Uphold the Police Department’s EMPLOYEE LICENSE recommendation to revoke the Day Care REVOCATION-JONES Employee license for Matti Jones. Ms. Jones was cited after an incident that took place in the child care center where she worked. -APPEAL OF (g) Consider an appeal by Melanie Randall DAY CARE LICENSE regarding the Police Department’s DENIAL-RANDALL recommendation to deny her application for a day care license. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve consent agenda items 3(a) through 3(f) and to consider 3(g) as a separate agenda item. Upon roll call, those voting in favor were Moore, Nye, Bray, Brown and Cooper. Agenda Item 3(g) considering an appeal by Melanie Randall regarding the Police Department’s recommendation to deny her application for a day care license was discussed at this time. Lieutenant Paul Manning, Support Services Supervisor, stated an initial background check did not reveal Ms. Randall’s criminal history. Ms. Randall did not disclose her criminal history and her application was approved in April 2012. However, Ms. Randall’s fingerprint report revealed a burglary charge and conspiracy to commit burglary charge in 2004 under her maiden name of Powell. Lieutenant Manning stated according to court documents, Ms. Randall pled guilty to the charge of burglary and was given a withheld judgment and charges were ultimately dismissed. He stated based on City Code, a daycare license may be denied if the individual was found guilty of, pled guilty to, or admitted to a felony, regardless of the judicial outcome. Lieutenant Manning stated the Police Department has received written correspondence in support of Ms. Randall’s appeal. In response to a question from Council, Lieutenant Manning indicated a withheld judgment is usually given on a first offense, and the court decides if a withheld judgment is appropriate. Melanie Randall, 1579 Saratoga, stated she was charged with burglary in 2004, pled guilty to the charge in exchange for a withheld judgment and completed her probation period successfully. REGULAR CITY COUNCIL MEETING 3 JUNE 21, 2012 Upon applying for her daycare license, Ms. Randall indicated she consulted her attorney to find out if she needed to disclose the information regarding the incident. Ms. Randall stated her attorney advised her that because the charges resulted in a withheld judgment and has since been dismissed, she was not under obligation to disclose the information. Ms. Randall feels that because she completed her withheld judgment requirements successfully and that she is only seeking a daycare license so she can provide childcare for her family and friend, she should be granted the license. A motion was made by Mr. Moore, seconded by Mr. Cooper, to approve an appeal by Melanie Randall regarding the Police Department’s recommendation to deny her application for a day care license. Mr. Moore stated because Ms. Randall was given a withheld judgment, and based on the crime and the length of time that has passed, he felt comfortable approving the appeal. Mr. Moore’s motion was voted upon at this time. Upon roll call, those voting in favor were Moore, Cooper, Bray and Nye. Mr. Brown voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 4: Mrs. Nye, on behalf of Mayor Blad, COMMUNICATIONS AND proclaimed June 21, 2012 to be Dump the PROCLAMATIONS Pump Day in Pocatello and encouraged residents to utilize public transportation. Dave Doran, District 5 representative from the Community Transportation Association of Idaho, thanked the Council for their continued support. Mr. Bray welcomed a boy scout from Troop 254 to the meeting. AGENDA ITEM NO. 5: Mr. Bray reminded the Council of the July CALENDAR REVIEW 5th Regular Council meeting at 6:00 p.m. and the July 12th Study Session with Budget items at 9:00 a.m. Mr. Bray announced the 3rd Annual Airport Appreciation Day would be held at the Pocatello Airport June 23rd from 9:00 a.m. to 3:00 p.m.; The Pocatello Zoo’s 80th Birthday and Bear Birthday Bash Celebration would be held from 10:00 a.m. to 1:00 p.m. on June 23rd; the Grand Opening for the new Grizzly Bear Exhibit at the Pocatello Zoo would be held July 3rd; the Elks Lodge 4th of July Parade would be held on July 4th; and the “Biggest Show in Idaho” fireworks display on July 4th would be held at the Bannock County Fairgrounds. Mr. Bray announced that City offices would be closed on Wednesday, REGULAR CITY COUNCIL MEETING 4 JUNE 21, 2012 July 4th. However, trash and recycling collection would be on schedule. He encouraged citizens to be careful with fireworks during the 4th of July holiday and to be aware of areas where fireworks are restricted; and he reminded citizens that the Mayor’s Awards for the Arts nominations will be accepted through July 20th. AGENDA ITEM NO. 6: Idaho Lorax, Pocatello resident, shared his DISCUSSION ITEMS concerns regarding wildlife preservation FROM THE AUDIENCE near the Portneuf River. Ralph Baker, 755 North Arthur, announced that a constitution class is offered on the 2nd and 4th Thursdays of the month from 7:00 p.m. to 9:00 p.m. at Chubbuck City Hall. Mr. Baker also thanked the City Council and staff members for the work that they do for the City. Niki Taysom, Pocatello resident, shared her concerns regarding free speech and public meetings. Bob Cornelison, 3665 Summit Drive, reminded the Council and viewing audience of the Annual Kiwanis Pancake Breakfast to be held at Tydeman Park on Saturday and Sunday, June 23rd and 24th from 7:30 a.m. to 12:00 noon. He presented an appreciation certificate to the City Council. Mr. Bray accepted the certificate from Mr. Cornelison. AGENDA ITEM NO. 7: This time was set aside for the Council to PUBLIC HEARING accept comments regarding proposed -PROGRAM YEAR 2011 reallocations within the Program Year 2012 CDBG ACTION PLAN Community Development Block Grant (CDBG) AMENDMENTS Annual Action Plan. These amendments were reviewed and recommended for approval by the CDBG Advisory Committee at their May 15, 2012 meeting. A 30-day written comment period began May 17, 2012 and ended June 18, 2012. Following the public hearing, the Council was asked to approve the reallocations and authorize their submission, including any public comments, to the U.S. Department of Housing and Urban Development. Mr. Bray opened the public hearing. Melanie Gygli, Neighborhood and Community Services Division Manager, outlined the proposed 2011 CDBG Action Plan Amendments. She stated that the proposed amendments were designed to facilitate timely close out of the program year and account for activities where more or less program income was received than originally anticipated. Ms. Gygli mentioned that no written comments have been received. In response to a question from Council, Ms. Gygli stated programs REGULAR CITY COUNCIL MEETING 5 JUNE 21, 2012 include down payment assistance for homebuyers. Niki Taysom, Pocatello citizen, spoke in opposition to the item. She stated she is opposed to any program being administered by the government, as she feels the government should not be involved in the housing industry. There being no further comments from the public, Mr. Bray closed the public hearing. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve the reallocations within the Program Year 2011 CDBG Annual Action Plan and authorize their submission, including any public comments, to the U.S. Department of Housing and Urban Development. Upon roll call, those voting in favor were Moore, Nye, Bray, Brown and Cooper. AGENDA ITEM NO. 8: As required by the U.S. Department of PUBLIC HEARING Housing and Urban Development (HUD), this -CDBG ANNUAL REPORT time was set aside for the Council to consider any comments from the public concerning the 2011 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report. The CDBG Advisory Committee has reviewed and recommended approval of the report. The report was made available for public review from May 13 to June 18, 2012. Following the public hearing, the Council may wish to approve the report and authorize its submittal, including a summary of any public input, to HUD on or before June 29, 2012. Neighborhood and Community Services staff recommended approval. Mr. Bray opened the public hearing. Melanie Gygli, Neighborhood and Community Services Division Manager, gave an overview of the report and explained the core activities and accomplishments during the program year. Ms. Gygli stated that the City and its partners leveraged over $1 million in funding in addition to the approximately $453,000.00 allocated by HUD. She stated the City has met or exceeded most goals and objectives of the 5-year Consolidated Plan. Ms. Gygli mentioned that no written comments have been received. Niki Taysom, Pocatello citizen, spoke in opposition to the item. She stated she is concerned about responsible spending. There being no further comments from the public, Mr. Bray closed the public hearing. A motion was made by Mrs. Nye, seconded by Mr. Moore, to approve the 2011 CDBG Consolidated Annual Performance and Evaluation Report and authorize its submittal, including a summary of any public REGULAR CITY COUNCIL MEETING 6 JUNE 21, 2012 input, to HUD on or before June 29, 2012. Upon roll call, those voting in favor were Nye, Moore, Bray, Brown and Cooper. AGENDA ITEM NO. 9: Council was asked to consider a request from EXCEPTION REQUEST Jeffery and Hallie Gray (mailing address: -1483 STONERIDGE 1483 Stoneridge Drive, Pocatello ID 83201) DRIVE for an exception to a right-of-way alteration that was made to the planter strip at 1483 Stoneridge Drive. The alteration consists of concrete in the seven (7) foot planter strip performed by the prior property owner without a permit or right-of-way inspection. This alteration would be an exception to the Partridge Ridge Subdivision 6th Addition approval. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve a request from Jeffery and Hallie Gray for an exception to a right- of-way alteration that was made to the planter strip at 1483 Stoneridge Drive, consisting of concrete in the seven foot planter strip performed by the prior property owner without a permit or right-of-way inspection as an exception to the Partridge Ridge Subdivision 6th Addition approval. In response to questions from Council, Merril Quayle, Development Engineer, stated the original Covenants, Conditions and Restrictions during the subdivision approval indicate the property must maintain a seven (7) foot planter strip landscaped in grass. The previous owner performed with work without a permit or inspection, and the Gray’s are asking for permission to leave the area as it was when they purchased the property. Mr. Moore’s motion was voted upon at this time. Upon roll call, those voting in favor were Moore, Nye, Brown and Cooper. Mr. Bray voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 10: Council was asked to consider a request for “COUNCIL SELECT” “Council Select” funds from The Biggest Show FUNDING REQUEST In Idaho, LLC, in the amount of $1,990.84 to –THE BIGGEST SHOW assist with sanitation and table rental fees IN IDAHO, LLC associated with the event planned for July 4, 2012 at the Bannock County Fairgrounds. (As of June 15, 2012 $3,210.00 remained in the “Council Select” fund.) A motion was made by Mr. Brown, seconded by Mr. Moore, to approve a request for “Council Select” funds from The Biggest Show In Idaho, LLC, in the amount of $250.00 to assist with sanitation and table rental fees associated with the event planned for July 4, 2012 at the Bannock County Fairgrounds. Upon roll call, those voting in favor were Brown, Moore, Bray, Cooper and Nye. REGULAR CITY COUNCIL MEETING 7 JUNE 21, 2012 AGENDA ITEM NO. 11: Council was asked to consider a request from “COUNCIL SELECT” the American Cancer Society Relay For Life FUNDING REQUEST Committee that “Council Select” funds in the –RELAY FOR LIFE amount of $250.00 be used for sanitation services associated with the Relay For Life event to be held at Century High School on July 13, 2012. (As of June 15, 2012 $3,210.00 remained in the “Council Select” fund.) A motion was made by Mr. Cooper, seconded by Mrs. Nye, to approve a request from the American Cancer Society Relay for Life Committee for “Council Select” funds in the amount of $250.00 to be used for sanitation services associated with the Relay For Life event to be held at Century High School on July 13, 2012. Upon roll call, those voting in favor were Cooper, Nye, Bray, Brown and Moore. AGENDA ITEM NO. 12: Council was asked to consider a request “COUNCIL SELECT” from Bannock County Bluegrass Festival, FUNDING REQUEST represented by Ken Elder (mailing address: -BANNOCK COUNTY 5707 Moses, Chubbuck ID 83202) for BLUEGRASS FESTIVAL “Council Select” funds in the amount of $200.00 to be used for expenses associated with their event to be held at the Bannock County Fairgrounds August 24 through 26, 2012. (As of June 15, 2012 $3,210.00 remained in the “Council Select” fund.) A motion was made by Mrs. Nye, seconded by Mr. Brown, to approve a request from the Bannock County Bluegrass Festival for “Council Select” funds in the amount of $200.00 to be used for expenses associated with their event to be held at the Bannock County Fairgrounds August 24 through 26, 2012. Upon roll call, those voting in favor were Nye, Brown, Bray, Cooper and Moore. AGENDA ITEM NO. 13:Council was asked to consider a request from “COUNCIL SELECT” The Cooperative Wilderness Handicapped FUNDING REQUEST Outdoor Group (CW HOG), represented by Bob -CW HOG Ellis (mailing address: 921 South 8th Avenue, MS 8128, Pocatello, ID 83209-8128) for “Council Select” funds in the amount of $250.00 to help pay for the rental and moving of 17 tables for the 31st Annual CW HOG “Pig-Out” Event planned for September 15, 2012. (As of June 15, 2012 $3,210.00 remained in the “Council Select” fund.) A motion was made by Mr. Moore, seconded by Mr. Cooper, to approve a request from CW HOG for “Council Select” funds in the amount of $250.00 to help pay for the rental and moving of 17 tables for the 31st Annual CW HOG “Pig-Out” Event planned for September 15, 2012. Upon roll call, those voting in favor were Moore, Cooper, Bray, Brown and Nye. REGULAR CITY COUNCIL MEETING 8 JUNE 21, 2012 AGENDA ITEM NO. 14: Council was asked to consider waiving City WAIVER REQUESTS ordinances to allow the Pocatello Zoological –POCATELLO Society to assist with the fundraising ZOOLOGICAL SOCIETY event, the 9th Annual A Midsummer’s Night for the Zoo, on July 14, 2012 at the Outdoor Amphitheater area behind the Fort Hall Replica. The Society is requesting a waiver to allow them to sell beer and wine and permission to stay in the area until midnight to clean-up after the event. One of the items that will be auctioned is an after-hours dinner at the Zoo. The date of the event will be picked by the individual who wins the auction. The Society would like permission to serve beer and wine, if the winner so chooses and have the event in the park after hours. Guidelines for the dinner will be set by the Parks and Recreation Director and Zoo Superintendent. In response to a question from Council, Ruth Whitworth, City Clerk, clarified that the sale of alcohol would end at 10:00 p.m., but the Zoo Society volunteers would remain at the Zoo until midnight for cleanup after the event. A motion was made by Mrs. Nye, seconded by Mr. Moore, to approve the request to waive City ordinances to allow the sale of beer and wine for the Midsummer’s Night for the Zoo event on July 14, 2012, by the Pocatello Zoological Society and allow Society members to remain in the area until 12:00 a.m. to clean-up after the event and allow the winner of the dinner auction item to have the option to consume beer and/or wine with dinner, and have the dinner in the park after hours with the condition that the guidelines for the dinner will be set by the Parks and Recreation Director and Zoo Superintendent. Upon roll call, those voting in favor were Nye, Moore, Bray, Brown and Cooper. AGENDA ITEM NO. 15: Council was asked to consider bids received BID-SPAULDING on June 12, 2012 for equipment that will be BOOSTER EQUIPMENT used for the new Spaulding Booster Station. Staff recommended that Council award each lot to the lowest responsive bidder. Funds for this equipment purchase are available in the Water Department’s Fiscal Year 2012 budget. A motion was made by Mr. Moore, seconded by Mr. Brown, to accept the recommendations of staff and award the Water Department bids to the low responsive bidder for the following lots: Lot 1) Young Engineering Manufacturing, Inc., San Dimas, California, in the amount of $81,000.00; and Lot 2) C.H. Spencer & Company, Salt Lake City, Utah, in the amount of $28,500.00. Upon roll call, those voting in favor were Moore, Brown, Bray, Cooper and Nye. REGULAR CITY COUNCIL MEETING 9 JUNE 21, 2012 AGENDA ITEM NO. 16: Council was asked to adopt a resolution RESOLUTION supporting the establishment of dog parks in SUPPORTING THE the City, restating Animal Control ESTABLISHMENT OF ordinances applicable to dog parks, and DOG PARKS adopting Pocatello Bark Parks, Inc.’s recommendations for protocol by users of the dog parks, subject to Legal Department review and approval. A motion was made by Mrs. Nye, seconded by Mr. Brown, to adopt a resolution (2012-09) supporting the establishment of dog parks in the City, restating Animal Control ordinances applicable to dog parks, and adopting Pocatello Bark Parks, Inc.’s recommendations for protocol by users of the dog parks, subject to Legal Department review and approval. Mr. Cooper clarified that this resolution adoption will apply to the establishment of a dog park at Manson Park, and all future dog park proposals will come through the recommendation of the Parks and Recreation Department. Mrs. Nye’s motion was voted upon at this time. Upon roll call, those voting in favor were Nye, Brown, Bray, Cooper and Moore. AGENDA ITEM NO. 17: Council was asked to consider the following ordinances: -DEFINITION OF (a) An ordinance amending Sections 6.04.010 and DOG PARKS 6.04.040 to add the definition of dog parks and to except dog parks from the prohibition of dogs at large for dog parks, where unleashed dogs will be allowed. A motion was made by Mr. Moore, seconded by Mrs. Nye, that the ordinance, Agenda Item 17(a), be read only by title and placed on final passage for publication, and that only the ordinance summary sheet be submitted for publication. Upon roll call, those voting in favor were Moore, Nye, Bray, Brown and Cooper. Dean Tranmer, City Attorney, read the ordinance by title. Council President Bray declared the final reading of the ordinance amending Sections 6.04.010 and 6.04.040 to add the definition of dog parks and to except dog parks from the prohibition of dogs at large for dog parks, where unleashed dogs will be allowed. Mr. Bray asked “Shall the ordinance pass?” Upon roll call, those voting in favor were Bray, Brown, Cooper, Moore and Nye. Council President Bray declared the ordinance and summary sheet passed, that it be numbered 2908 and be submitted to the Idaho State Journal for publication. REGULAR CITY COUNCIL MEETING 10 JUNE 21, 2012 -DAY CARE LICENSE (b) An ordinance amending Pocatello Municipal DENIAL REVISION Code 5.28 to comply with recent changes to Idaho Code provisions, and to clarify the procedure for denial, suspension and revocation of day care licenses. Revisions provide that only City Council can revoke licenses after a hearing. A motion was made by Mr. Moore, seconded by Mrs. Nye, that the ordinance, Agenda Item 17(b), be read only by title and placed on final passage for publication, and that only the ordinance summary sheet be submitted for publication. Upon roll call, those voting in favor were Moore, Nye, Bray, Brown and Cooper. Dean Tranmer, City Attorney, read the ordinance by title. Council President Bray declared the final reading of the ordinance amending Pocatello Municipal Code 5.28 to comply with recent changes to Idaho Code provisions, and to clarify the procedure for denial, suspension and revocation of day care licenses. Revisions provide that only City Council can revoke licenses after a hearing. Mr. Bray asked “Shall the ordinance pass?” Upon roll call, those voting in favor were Bray, Brown, Cooper, Moore and Nye. Council President Bray declared the ordinance and summary sheet passed, that it be numbered 2909 and be submitted to the Idaho State Journal for publication. There being no further business, Council President Bray adjourned the meeting at 7:12 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK REGULAR CITY COUNCIL MEETING 11 JUNE 21, 2012 PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK