City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING JULY 19, 2012 CLARIFICATION The City Council Agenda Clarification MEETING meeting was called to order at 5:35 p.m. by Mayor Brian Blad. Council members present were Roger Bray, Steve Brown, Craig Cooper, Jim Johnston, Gary Moore and Eva Johnson Nye. 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 p.m. by Mayor Brian Blad. PLEDGE OF Council members present were Roger Bray, ALLEGIANCE Steve Brown, Craig Cooper, Jim Johnston, Gary Moore and Eva Johnson Nye. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was given by Jim Jones INVOCATION of Blazing Grace Church. 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 June 14, 2012 Budget Development meeting; June 21, 2012 Regular City Council meeting; June 29, 2012 Executive Session and July 2, 2012 Executive Session. -TREASURER’S (b) Treasurer’s Report for June 2012 showing REPORT cash and investments as of June 30, 2012 in the amount of $18,725,070.22. -ANIMAL SHELTER (c) Confirm the Mayor’s reappointment of Glenda ADVISORY BOARD Bellanca to continue her service on the REAPPOINTMENT Animal Shelter Advisory Board. Ms. Bellanca’s term will begin June 6, 2012 and will expire June 6, 2014. -CHILD CARE (d) Confirm the Mayor’s appointment of Angela ADVISORY COMMITTEE Blom to serve as a member the Child Care APPOINTMENT Advisory Committee, replacing Julie Taylor who resigned. Ms. Blom’s term will begin July 20, 2012 and will expire November 6, 2015. REGULAR CITY COUNCIL MEETING 2 JULY 19, 2012 -HUMAN RELATIONS (e) Confirm the Mayor’s appointment of Lewis ADVISORY COMMITTEE Andrews to serve as a member of the Human APPOINTMENT Relations Advisory Committee, replacing Yvonne Perez who resigned. Mr. Andrews’ term will begin July 20, 2012 and will expire May 20, 2015. -PLANNING AND (f) Confirm the Mayor’s appointment of Chet ZONING COMMISSION Willie to serve as a member of the Planning APPOINTMENT and Zoning Commission, replacing Annette Anderson whose term expired. Mr. Willie’s term will begin July 20, 2012 and will expire July 20, 2016. -POCATELLO ARTS (g) Confirm the Mayor’s appointment of Malynda COUNCIL Cooper to continue her service on the REAPPOINTMENT Pocatello Arts Council. Ms. Cooper’s term will begin July 7, 2012 and will expire July 7, 2015. -CAR RENTAL (h) Approve a car rental agreement with AGREEMENT-R&J R & J Auto Sales for the rental of two AUTO SALES vehicles to be used by the Police Department’s Detective Division. The agreement is for $300.00 a month per vehicle and ends December 31, 2012. -AGREEMENT (i) Approve an Agreement and associated Work RENEWAL-PWCC WORK and Financial Plan with the State of Idaho PROJECTS AT CITY Department of Corrections and authorize the LOCATIONS execution of said agreements, subject to Legal Department approval. The agreements provide for the Pocatello Women’s Correctional Center (PWCC) inmate labor to perform work projects at the Community Recreation Center, Mountain View and Restlawn Cemeteries, and other related projects. This is an annual renewal of a previous agreement. -COUNCIL DECISION (j) Adopt the Council’s decision to revoke the DAYCARE PROVIDER Daycare Provider License of Marianne LICENSE REVOCATION Cowgill, d/b/a Adventure for Kids daycare for violations of Pocatello Municipal Code chapter 15.28. A motion was made by Mr. Johnston, seconded by Mr. Brown, to approve items 3(a) through 3(i) on the consent agenda and to consider item 3(j) as a separate agenda item. Upon roll call, those voting in favor were Johnston, Brown, Bray, Moore and Nye. Mr. Cooper voted in opposition to the motion. The motion passed. Agenda Item 3(j) adopting the Council’s decision to revoke the Daycare Provider License of Marianne Cowgill, d/b/a/ Adventure for Kids daycare for violations of Pocatello Municipal Code chapter REGULAR CITY COUNCIL MEETING 3 JULY 19, 2012 15.28 was discussed at this time. Kyle Hansen, 482 Constitution Way, Idaho Falls, serves as the attorney for Ms. Cowgill. Mr. Hansen stated he spoke with Captain Capell from the Police Department to clarify the Council’s recommendation to revoke the daycare license. He feels facts were not taken into consideration regarding the decision to revoke the license and that some statements which were made were not accurate. In response to a question from Council, Marianne Cowgill stated that following the Council’s decision to revoke her daycare provider license, she has closed her business, as parents have found other childcare providers to care for their children. A motion was made by Mr. Brown, seconded by Mr. Bray, to adopt the Council’s decision to revoke the Daycare Provider License of Marianne Cowgill, d/b/a Adventure for Kids daycare for violations of Pocatello Municipal Code chapter 15.28. Upon roll call, those voting in favor were Brown, Bray, Cooper, Moore and Nye. Mr. Johnston voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 4: Mr. Johnston read a proclamation on behalf COMMUNICATIONS AND of Mayor Blad proclaiming July 19, 2012 to PROCLAMATIONS be “Idaho at 150 Awareness Day” and encouraged residents to be aware of the upcoming events to celebrate the Idaho Territorial Sesquicentennial. Jacquee Alvord, Fort Hall Replica representative, accepted the proclamation, thanked the Mayor and Council for the proclamation and invited citizens to become involved in the upcoming celebration activities. AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the CALENDAR REVIEW August 2nd Regular Council meeting at 6:00 p.m. which will include a public hearing on the budget and proposed fee increases for Fiscal Year 2013; and the August 9th Study Session at 9:00 a.m. Mayor Blad announced Splash Dances at Ross Park Aquatic Center will be held July 19th, 26th, and August 2nd; a retirement celebration for Major Mike Stayner will be held July 20th at 11:30 a.m. at City Hall; Pioneer Day Celebrations will take place on July 21st; Geek trivia contest at Marshall Public Library will take place at 1:00 p.m. on July 21st; the POW*MIA Awareness Rally and Motorcycle Rodeo will take place July 27th through July 29th at the Bannock County Fairgrounds; Pocatello’s first dog park will have a ribbon cutting on July 27th at 5:15 p.m. on the 100 block of North Union Pacific Avenue; “Woofstock” will be held on July 21st, contact the Bannock REGULAR CITY COUNCIL MEETING 4 JULY 19, 2012 Humane Society for details; and the Mayor’s Award For The Arts nominations are due July 20, 2012. AGENDA ITEM NO. 6: Mayor Blad announced there were no DISCUSSION ITEMS discussion items at this time. FROM THE AUDIENCE AGENDA ITEM NO. 7: This time was set aside for the Council to PUBLIC HEARING take comments from the public regarding -TRAIL CREEK ESTATES a request by Jonathan Kucera of Trail Creek VACATION OF “R” Development, LLC (mailing address: 814 Rocky RESTRICTION ON Point Road, Pocatello ID 83204) represented SUBDIVISION PLAT by Rocky Mountain Engineering and Surveying (mailing address: 2043 East Center Street, Pocatello ID 83201) to vacate an “R” restriction on the Trail Creek Estates subdivision plat. The restriction states, “Lots 4, 7, 8, 9, 10, 23 and 24, Block 2 are restricted from receiving building permits until such time that a second access road is constructed.” Development Engineering and Fire Department staff recommends approval. Mayor Blad opened the public hearing. Mitch Greer, Rocky Mountain Engineering and Surveying, 2043 East Center Street, gave an overview of the request to allow construction on four developed lots. He stated utilities to the lots are already in place and removal of the “R” restriction would not have a negative impact on traffic flow. Dave Foster, City Planner, summarized the application process and stated due to changes in the International Fire Code, the “R” restriction could be lifted without negative ramifications. He added that the Fire Department and the Planning and Development Services Department are in support of the application. Mr. Foster stated there are 37 existing platted lots in the subdivision and upon submittal of the second phase plat application, a secondary access would be required. Mayor Blad clarified that there are currently 30 lots platted for development at this time, with a request for 7 more lots to be developed. He noted that 12 lots have been constructed or are currently under construction. In response to a question from Council, Mike Williams, Assistant Fire Chief, stated the International Fire Code is a living document and adds exceptions on a regular basis. He added according to the current Fire Code, if the subdivision were proposed at this time with 37 lots, the Fire Department would approve the development without a secondary egress, as long as the shadow plan agreement included a secondary access. Mr. Williams stated the fire code does not specify an exact number of lots that may be developed, but REGULAR CITY COUNCIL MEETING 5 JULY 19, 2012 allows the fire official to make a determination according to a specific request. He feels the current plan allows for adequate emergency vehicle access. Mayor Blad announced one written correspondence was received regarding the request. There being no further comments from the public, Mayor Blad closed the public hearing. A motion was made by Mrs. Nye, seconded by Mr. Cooper, to approve the request by Jonathan Kucera of Trail Creek Development, LLC for an amendment or vacation of the restriction prohibiting the issuance of building permits on Lots 4, 7, 8, 9, 10, 23 and 24, Block 2 of the Trail Creek Estates, Division 1 Subdivision with the condition that all other City provisions and requirements on the recorded plat for Trail Creek Estates, Division 1 Subdivision not specifically exempted or varied by this decision shall be in full force an defect, subject to Legal Department approval, and that the decision be set out in the appropriate Council Decision format. Upon roll call, those voting in favor were Nye, Cooper, Bray, Brown, Johnston and Moore. AGENDA ITEM NO. 8: This time was set aside for the Council to PUBLIC HEARING take comments from the public regarding a -GREENFIELD HEIGHTS request by Ryan Satterfield of Satterfield ANNEXATION Realty and Development (mailing address: 3021 Shelly Place, Pocatello ID 83201) represented by Rocky Mountain Engineering and Surveying (mailing address: 2043 East Center Street, Pocatello ID 83201) to annex and zone approximately 11.5 acres of land extending the City limits east of Satterfield Drive on extensions of Owyhee Street, Richard Street, William Street and Trevor Street. The property was requested for Residential Low Density zoning. The Planning and Zoning Commission held a public hearing on this item at their June 27, 2012 meeting where they recommended approval. Mayor Blad opened the public hearing. Ryan Satterfield, Satterfield Realty and Development, 3021 Shelley Place, stated the Highland Meadows subdivision was started in 2005 and ends at Owyhee Street. The proposed annexation is planned in three (3) phases with ten (10) lots intended per phase. Mr. Satterfield added his company is currently working with the City Engineering and Water Departments regarding plans for water service to the proposed annexation. Matthew Lewis, Planning Division Manager, stated the proposed annexation has been found to be in compliance with state statutes for annexation, is in conformance with the City’s Master Plan and REGULAR CITY COUNCIL MEETING 6 JULY 19, 2012 can be adequately served with City water and sewer services. In response to a question from Council, Mr. Lewis clarified that this request is for the annexation only and any development of plats will come before the Council as a separate matter. He stated no written correspondence had been received. Gordon Neilson, 2949 Trevor Street, is in favor of the development; however, he is concerned with changes to water pressure and the ability to deliver water to residents with adequate pressure. Dick Elliot, 2460 Satterfield Drive, shared his concerns regarding developments that are started but not completed and water pressure issues in connection with the proposed development. Lon Crowell, Planning and Development Services Director, stated he initially had concerns regarding water pressure, but now feels the issue has been resolved. Mr. Satterfield addressed Mr. Elliot’s concern regarding completion of the development and expressed his confidence in the successful completion of the subdivision. He added that his company will strive to meet or exceed development standards to ensure adequate water pressure for residents in the area. There being no further public comments, Mayor Blad closed the public hearing. A motion was made by Mr. Bray, seconded by Mr. Moore, to approve a request by Ryan Satterfield of Satterfield Realty and Development represented by Rocky Mountain Engineering and Surveying to annex and zone approximately 11.5 acres of land extending the City limits east of Satterfield Drive on extensions of Owyhee Street, Richard Street, William Street and Trevor Street, with the following conditions: 1) the subject property shall be annexed into the corporate boundaries of the City of Pocatello; 2) upon annexation, the subject property shall be zoned Residential-Low Density (RL). This designation is consistent with adjacent residential properties currently within City of Pocatello corporate boundaries; and 3) a cash payment in the amount of $13,673.78 shall be provided to the City from Satterfield Realty and Development covering a deliverable water source based on proposed development of a 11.5-acre parcel, and that the decision be set out in the appropriate Council Decision format. Upon roll call, those voting in favor were Bray, Moore, Brown, Cooper, Johnston and Nye. AGENDA ITEM NO. 9: Council was asked to consider a request by REGULAR CITY COUNCIL MEETING 7 JULY 19, 2012 RIGHT OF WAY USE East Idaho Home Interiors, represented by LICENSE-237 EAST Blaze Sign Company (mailing address: 525 CENTER STREET West Maple Street, Pocatello ID 83201) for a right-of-way use license to allow placement of two awnings over the front windows of the store located at 237 East Center Street. A motion was made by Mr. Moore, seconded by Mr. Cooper, to approve a request by East Idaho Home Interiors, represented by Blaze Sign Company for a right-of-way use license to allow placement of two awnings over the front windows of the store located at 237 East Center Street with the condition that a Certificate of Liability will be provided to the City, naming the City as an additional insured in accordance with the Idaho Tort Claims Act. Upon roll call, those voting in favor were Moore, Cooper, Bray, Brown, Johnston and Nye. AGENDA ITEM NO. 10: Council was asked to consider a request by “COUNCIL SELECT” The Pocatello Sports Committee, represented FUNDING REQUEST by Mike Calley (mailing address: 1410 Kelsea -POCATELLO SPORTS Place, Pocatello ID 83201) that “Council COMMITTEE Select” funds in the amount of $315.00 be used to pay for sanitation and recycle fees in association with the Pocatello Marathon on Saturday, September 1, 2012 at Lower Ross Park. (As of July 13, 2012 $2,260.00 remained in the “Council Select” line item.) Mayor Blad announced agenda item 10 was pulled from the agenda and will be considered on August 2, 2012. AGENDA ITEM NO. 11: Council was asked to adopt, subject to Legal RESOLUTION-PRT Department approval, a resolution approving UPDATED PROCUREMENT the updated Procurement Policy and Procedure POLICY AND PROCEDURES manual and the Disadvantaged Business MANUAL AND DBE GOALS Enterprise (DBE) Goals for the City Public Regional Transit (PRT) Department in accordance with the requirements of the Federal Transit Administration. A motion was made by Mr. Moore, seconded by Mrs. Nye, to adopt, subject to Legal Department approval, a resolution (2012-13) approving the updated Procurement Policy and Procedure manual and the Disadvantaged Business Enterprise (DBE) Goals for the City Public Regional Transit (PRT) Department in accordance with the requirements of the Federal Transit Administration. Upon roll call, those voting in favor were Moore, Nye, Bray, Brown, Cooper and Johnston. AGENDA ITEM NO. 12: Council was asked to accept the REGULAR CITY COUNCIL MEETING 8 JULY 19, 2012 SPAULDING BOOSTER recommendation by staff and consider bids GENERATOR EQUIPMENT received on July 10, 2012 for equipment for BID-WATER DEPARTMENT the new Spaulding Booster Station. Western States Equipment submitted the lowest responsive bids for the following: LOT ONE a) One diesel generator set (skid-mounted) in -GENERATOR SET the amount of $134,320.00; and LOT TWO b) One secondary containment above-ground fuel -FUEL TANK tank in the amount of $22,727.00. Funds for this equipment are allocated in the Water Department’s Fiscal Year 2013 budget. A motion was made by Mr. Bray, seconded by Mr. Johnston, to accept the recommendation by staff and accept bids received on July 10, 2012 for equipment for the new Spaulding Booster Station and award the bids to the low responsive bidder, subject to Legal Department approval, for the following lots: Lot 1) Western States Equipment in the amount of $134,320.00; and Lot 2) Western States Equipment in the amount of $22,727.00. Upon roll call, those voting in favor were Bray, Johnston, Brown, Cooper, Moore and Nye. AGENDA ITEM NO. 13: Council was asked to approve and authorize LEASE AGREEMENT the Mayor to sign the following documents AND EASEMENT with Williams Company, Inc.: WILLIAMS COMPANY, INC. LEASE AGREEMENT a) Williams Company would lease 2.7 acres of bare ground located at the north and east of the confluence of Pocatello Creek and the Portneuf River for a period of twenty (20) years, with one renewal term of twenty (20) years, in exchange for the construction and placement of a steel I-beam pedestrian bridge across Pocatello Creek for the use of a pedestrian and bicycle trail; and EASEMENT b) Williams Company Inc., grants an access and AGREEMENT maintenance easement to the City for a pedestrian and bicycle easement, and for the placement and maintenance of a 42-inch sanitary sewer mainline. This easement allows the continuance of a pedestrian and bicycle trail from City-owned property subject to the Lease Agreement described above. A motion was made by Mrs. Nye, seconded by Mr. Brown, to approve agenda items 13(a) and 13(b), subject to Legal Department approval. REGULAR CITY COUNCIL MEETING 9 JULY 19, 2012 Dean Tranmer, City Attorney, gave an overview of the lease and easement agreements with Williams Company and how they will benefit Pocatello citizens and Portneuf Greenway users. Mrs. Nye’s motion was voted upon at this time. Upon roll call, those voting in favor were Nye, Brown, Bray, Cooper, Johnston and Moore. There being no further business, Mayor Blad adjourned the meeting at 7:05 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK