City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING AUGUST 16, 2012 CLARIFICATION The City Council Agenda Clarification MEETING Meeting was called to order at 5:36 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 6:00 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 Emojean INVOCATION Haugen, Praise Temple of God. 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 Clarification meeting and Regular City Council meeting of July 5, 2012. -TREASURER’S (b) Treasurer’s Report for July, showing cash REPORT and investments as of July 31, 2012 in the amount of $27,003,144.10. -AIRPORT (c) Confirm the Mayor’s appointment of Rhonda COMMISSION Naftz to serve as a member of the Airport APPOINTMENT Commission, replacing Stephen Feit whose term expired. Ms. Naftz’s term will begin August 17, 2012 and will expire August 17, 2014. -CHILD CARE (d) Confirm the Mayor’s appointment of Analyn ADVISORY Frasure to serve as a member of the Child COMMITTEE Care Advisory Committee, filling a vacancy. APPOINTMENT Ms. Frasure’s term will begin August 17, 2012 and will expire December 5, 2013. REGULAR CITY COUNCIL MEETING 2 AUGUST 16, 2012 -HISTORIC (e) Confirm the Mayor’s reappointment of Brett PRESERVATION Hyde to continue his service as a member of COMMISSION the Historic Preservation Commission. Mr. REAPPOINTMENT Hyde’s term will begin August 21, 2012 and will expire August 21, 2015. -PARKS AND (f) Confirm the Mayor’s reappointment of Bart RECREATION Reed to continue his service as a member of ADVISORY BOARD the Parks and Recreation Advisory Board, REAPPOINTMENT representing School District #25. Mr. Reed’s term will begin August 18, 2012 and will expire August 18, 2014. -COUNCIL (g) Adopt the Council’s decision to approve the DECISION annexation of a parcel of land comprised of ANNEXATION OF 11.5 approximately 11.5 acres owned by ACRES EAST OF Satterfield Realty & Development, Inc., SATTERFIELD DRIVE which parcel is situated east of Satterfield Drive, subject to conditions. A motion was made by Mr. Moore, seconded by Mr. Johnston, to approve the items on the consent agenda. Upon roll call, those voting in favor were Moore, Johnston, Bray, Brown, Cooper and Nye. AGENDA ITEM NO. 4: Mayor Blad welcomed boy scouts from COMMUNICATIONS AND Troop No. 350. PROCLAMATIONS AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the CALENDAR REVIEW Regular Council meeting on September 6th at 6:00 p.m. and the September 13th Study Session at 9:00 a.m. Mayor Blad announced that the Community Recreation Center would be closed for annual maintenance work beginning Monday, August 27, 2012 through September 10, 2012; registration for Community Recreation Center fall dance and gymnastic classes is underway, contact the Recreation Center for more information; Welcome Back Orange & Black event on August 27th in Old Town Pocatello; residents and businesses are encouraged to decorate their windows and buildings in orange and black to welcome back ISU students; City offices will be closed September 4th for Labor Day. However, garbage and recycle pickups will continue on schedule; a “Proposal Writing Basics” workshop will be held at Marshall Public Library on September 6th from 1:00 p.m. to 2:30 p.m. and pre-registration is required; and Steve Eaton will present a concert on August 25th as a fundraiser for the Pocatello Animal Shelter. Mayor Blad reminded citizens that school will be starting again soon. He asked drivers to please slow down when driving through REGULAR CITY COUNCIL MEETING 3 AUGUST 16, 2012 school zones, and the 20 mph speed limit for school zones is effective on August 27, 2012. AGENDA ITEM NO. 6: John Alva, 410 Crescent Drive, shared his DISCUSSION ITEMS concerns regarding a recent burglary incident at his home. Idaho Lorax, Pocatello resident, gave an update on activities scheduled within the community. AGENDA ITEM NO. 7: Council was asked to consider a request from REVOCABLE USE Rebecca Hathaway (mailing address: 5225 LICENSE-HATHAWAY Daisy Lane, Pocatello ID 83204) for a use license to plant evergreen arborvitae, at her expense, on City property on the corner of Johnny Creek and Daisy Lane to provide a site obscuring blind to conceal the communication cabinets that are owned and maintained by CenturyLink. This property has a utility easement on it and CenturyLink has agreed to the planting of the shrubs as long as their cabinets remain clear and accessible for their employees. Development Engineering staff recommended approval with the following conditions: 1) The Grantee shall plant, cultivate, irrigate and maintain the property in a manner which will deter the accumulation of trash and weeds upon the property in accordance with applicable Pocatello Municipal Code provisions; 2) prior to any planting, Dig Line shall be contacted for the location of existing utilities; 3) all doors to the cabinets must be clear and accessible for daily maintenance if necessary; 4) if any maintenance of or replacement of the cabinets require removing or damage to the shrubbery within the revocable use area, CenturyLink and the City of Pocatello will not be held liable for any replacement of the improvements made; 5) in the event Grantee grades the City’s property in the process of landscaping, Grantee shall submit a plan for review and approval by the City, which plan shall include provisions for sediment, storm water, and erosion control; 6) the Grantee shall provide public liability insurance coverage in the amount of Idaho Tort Liability Limits (currently $500,000.00) to indemnify the City from any claims which might arise out of the Grantee’s use of the City’s property. Proof of such coverage must be provided annually; failure to do so will result in termination of this license. Grantee agrees to hold the City harmless from any and all claims or damages arising from the use of the City’s property; 7) all improvements made and maintenance required on said property shall be at Grantee’s expense; 8) Grantee agrees and understands that the use under this license is limited to landscaping improvements and that no temporary or permanent structure of any kind may be placed on the property without prior written permission by the City; and 9) this license is revocable and shall be terminated upon sixty (60) days written notice if it is determined by the Grantor that it is in the REGULAR CITY COUNCIL MEETING 4 AUGUST 16, 2012 City’s best interests that said license should be revoked. Grantee may terminate this license upon sixty (60) days written notice to the City. A motion was made by Mr. Moore, seconded by Mr. Johnston, to approve a request from Rebecca Hathaway for a use license to plant evergreen arborvitae, at her expense, on City property on the corner of Johnny Creek and Daisy Lane to provide a site obscuring blind to conceal the communication cabinets that are owned and maintained by CenturyLink with conditions recommended by staff. Upon roll call, those voting in favor were Moore, Johnston, Bray, Brown and Nye. Mr. Cooper voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 8: Council was asked to approve submission of GRANT APPLICATION a Grant Application to the Ifft Foundation ZOO-IFFT GRANT for a $10,000.00 grant for landscaping, shelter and fencing improvements at the Zoo’s Rocky Mountain Goat Exhibit, and if awarded, authorize the Mayor to sign, subject to Legal Department approval, documents related to the grant. Matching City funds are not required. A motion was made by Mr. Bray, seconded by Mrs. Nye, to approve submission of a Grant Application to the Ifft Foundation for a $10,000.00 grant for landscaping, shelter and fencing improvements at the Zoo’s Rocky Mountain Goat Exhibit, and if awarded, authorize the Mayor to sign, subject to Legal Department approval, documents related to the grant. Upon roll call, those voting in favor were Bray, Nye, Brown, Cooper, Johnston and Moore. AGENDA ITEM NO. 9: Council was asked to approve submission of a GRANT APPLICATION grant application in an amount up to –CURBSIDE YARD WASTE $20,000.00 to the Idaho Department of COLLECTION PROGRAM Environmental Quality to pilot a curbside yard waste collection program in conjunction with the Bannock County Landfill, and if awarded, authorize the Mayor to sign, subject to Legal Department approval, documents related to the grant. Matching City funds are not required. A motion was made by Mrs. Nye, seconded by Mr. Bray, to approve submission of a grant application in an amount up to $20,000.00 to the Idaho Department of Environmental Quality to pilot a curbside yard waste collection program in conjunction with the Bannock County Landfill, and if awarded, authorize the Mayor to sign, subject to legal Department approval, documents related to the grant. Upon roll call, those voting in favor were Nye, Bray, Brown, Cooper, Johnston and Moore. REGULAR CITY COUNCIL MEETING 5 AUGUST 16, 2012 AGENDA ITEM NO. 10: Council was asked to accept the BID-SPAULDING recommendations of staff and award bids BOOSTER STATION received on August 7, 2012 to the lowest MATERIAL responsive bidder for material to be used for the new Spaulding Booster Station. The recommendations are: -HD FOWLER a) Gate Valves bid in the amount of $26,425.00; and -FERGUSON b) Ductile Iron Fittings bid in the amount of ENTERPRISES $47,958.15. Funds for these materials are available in the Water Department’s Fiscal Year 2013 budget. A motion was made by Mr. Cooper, seconded by Mr. Brown, to accept the recommendations of staff and award the following bids received on August 7, 2012 to: a) HD Fowler in the amount of $26,425.00; and b) Ferguson Enterprises in the amount of $47,958.15. Upon roll call, those voting in favor were Cooper, Brown, Bray, Johnston, Moore and Nye. AGENDA ITEM NO. 11: Council was asked to consider a request from “COUNCIL SELECT” Sagebrush Arts Festival, represented by FUNDING REQUEST Karen Vargason (mailing address: 44 -SAGEBRUSH ARTS Valleyview Drive, Pocatello ID 83204) to use FESTIVAL “Council Select” funds in the amount of $190.80 for table transportation and rental fees for 12 tables for the Arts Festival that will be held September 8 and 9, 2012. (As of August 10, 2012 there was $1,940.00 in the “Council Select” line item. A motion was made by Mrs. Nye, seconded by Mr. Moore, to approve a request by Sagebrush Arts Festival, represented by Karen Vargason, to use “Council Select” funds in the amount of $190.80 for table transportation and rental fees for 12 tables for the Arts Festival to be held September 8 and 9, 2012. Upon roll call, those voting in favor were Nye, Moore, Bray, Brown, Cooper and Johnston. Ms. Vargasen announced the Arts Festival would be held at Pocatello High School and encouraged citizens to attend the event. AGENDA ITEM NO. 12:Council was asked to consider a Use USE AGREEMENT Agreement with the Idaho State University -ISU BASEBALL CLUB (ISU) Baseball Club for the use of Halliwell Field in August through October, 2012 and March through May, 2013 for scheduled games and practices. The REGULAR CITY COUNCIL MEETING 6 AUGUST 16, 2012 agreement, similar to previous agreements, requires the Club to pay the applicable rental fees and provide liability insurance, naming the City as an additional insured. The Club will be responsible for field maintenance, cleaning the facility, and any damage resulting from their use. A motion was made by Mr. Bray, seconded by Mr. Cooper, to approve a use agreement with the ISU Baseball Club for the use of Halliwell Field in August through October, 2012 and March through May, 2013 for scheduled games and practices and that the ISU Baseball Club will: 1) pay the applicable rental fees; 2) provide liability insurance, naming the City as an additional insured; and 3) be responsible for field maintenance, cleaning the facility, and any damage resulting from their use. Upon roll call, those voting in favor were Bray, Cooper, Brown, Johnston, Moore and Nye. AGENDA ITEM NO. 13: Council was asked to consider a Use and USE AND Indemnification agreement with the Idaho INDEMNIFICATION State University (ISU) Outdoor Adventure AGREEMENT Center for the annual “Pocatello Pump” rock –POCATELLO PUMP climbing competition. The event, scheduled for September 15 and 16, 2012 will take place at the climbing areas of property owned by the City of Pocatello in Upper and Lower Ross Park. The agreement would indemnify and hold harmless the City for this event and requires ISU Outdoor Adventure Center to provide liability insurance, naming the City as an additional insured. A motion was made by Mr. Brown, seconded by Mrs. Nye, to approve a Use and Indemnification agreement with the ISU Outdoor Adventure Center for the annual “Pocatello Pump” rock climbing competition scheduled to take place September 15 and 16, 2012 at the climbing areas of property owned by the City of Pocatello in Upper and Lower Ross Park and that the agreement would indemnify and hold harmless the City for the event and that ISU Outdoor Adventure Center will provide liability insurance, naming the City as an additional insured. Upon roll call, those voting in favor were Brown, Nye, Bray, Cooper, Johnston and Moore. AGENDA ITEM NO. 14: Council was asked to adopt a resolution with FISCAL YEAR 2013 exhibits (a) through (z) setting fees for DEPARTMENTAL FEE Fiscal Year 2013 (October 1, 2012 through RESOLUTION September 30, 2013). The exhibits are: a) POCATELLO REGIONAL AIRPORT FEES b) ALCOHOL BEVERAGE LICENSES FEES REGULAR CITY COUNCIL MEETING 7 AUGUST 16, 2012 c) ANIMAL CONTROL SERVICES FEES d) BUSINESS LICENSURE FEES e) CEMETERY DEPARTMENT FEES f) CHILDREN’S GROUP TREATMENT CENTER FEES g) COMMERCIAL ACTIVIITIES IN PARKS AND OTHER PUBLIC PLACES FEES h) CONSTRUCTION TRADES FEES i) DAY CARE LICENSURE FEES j) DEVELOPMENT REIMBURSEMENT FEES k) ENGINEERING REVIEW FEES l) FIRE DEPARTMENT FEES m) GEOGRAPHIC INFORMATION SYSTEMS FEE n) PARKS AND RECREATION PROGRAMS/PROGRAM FEES o) PARKS AND RECREATION PROGRAMS/FACILITIES FEES p) PLANNING AND DEVELOPMENT SERVICES FEES q) POLICE DEPARTMENT FEES r) PUBLIC RECORD FEES s) SANITATION DEPARTMENT FEES t) CONSTRUCTION SITE SEDIMENT AND EROSION CONTROL FEES u) POCATELLO REGIONAL TRANSIT SYSTEM FEES v) UTILITY BILLING DEPARTMENT FEES w) VIDEO SERVICES FEES x) WATER DEPARTMENT FEES y) WATER POLLUTION CONTROL DEPARTMENT FEES z) ZOO PROGRAM FEES A motion was made by Mrs. Nye, seconded by Mr. Johnston, to adopt a resolution with exhibits 14(a) through 14(z) setting fees for REGULAR CITY COUNCIL MEETING 8 AUGUST 16, 2012 Fiscal Year 2013. Upon roll call, those voting in favor were Nye, Johnston, Bray, Brown, Cooper and Moore. AGENDA ITEM NO. 15: Council was asked to consider the following ORDINANCES ordinances: -FISCAL YEAR a) The Annual Appropriations ordinance for 2013 BUDGET Budget Year 2013. A motion was made by Mr. Moore, seconded by Mr. Johnston, that the ordinance, Agenda Item 15(a), 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 Moore, Johnston, Bray, Brown, Cooper and Nye. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the Annual Appropriations Ordinance for Budget Year 2013. Mayor Blad asked “Shall the ordinance pass?” Upon roll call, those voting in favor were Bray, Brown, Cooper, Johnston, Moore and Nye. Mayor Blad declared the ordinance and summary sheet passed, that it be numbered 2910 and the full ordinance be submitted to the Idaho State Journal for publication. -SATTERFIELD b) An ordinance annexing a parcel of land EXTENTION comprised of approximately 11.5 acres of ANNEXATION land owned by Satterfield Realty & Development, Inc. The parcel is situated east of Satterfield Drive, and the cross streets of Owyhee, Richard, William and Trevor. A motion was made by Mr. Johnston, seconded by Mr. Cooper, that the ordinance, Agenda Item 15(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 Johnston, Cooper, Bray, Brown, Moore and Nye. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance annexing a parcel of land comprised of approximately 11.5 acres of land owned by Satterfield Realty & Development, Inc., situated east of Satterfield Drive, and the cross streets of Owyhee, Richard, William and Trevor. Mayor Blad asked “Shall the ordinance pass?” Upon roll call, those voting in favor were Bray, Brown, Cooper, Johnston, Moore and Nye. Mayor Blad declared the ordinance and REGULAR CITY COUNCIL MEETING 9 AUGUST 16, 2012 summary sheet passed, that it be numbered 2911 and be submitted to the Idaho State Journal for publication. There being no further business, Mayor Blad adjourned the meeting at 6:46 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK