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City Council

Regular Meeting

Pocatello, ID · October 4, 2012

AgendaMinutes

Minutes

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING OCTOBER 4, 2012 CLARIFICATION The City Council Agenda Clarification MEETING Meeting was called to order at 5:34 p.m. by Mayor Brian Blad. Council members present were Roger Bray, Steve Brown, Craig Cooper and Gary Moore. Council members Jim Johnston and Eva Johnson Nye 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 6:02 p.m. by Mayor Brian Blad. PLEDGE OF Council members present were Roger Bray, ALLEGIANCE Steve Brown, Craig Cooper and Gary Moore. Council members Jim Johnston and Eva Johnson Nye were excused. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was offered by Pastor INVOCATION Jonathan Dinger, Grace Lutheran Church. Mayor Blad announced agenda item 3(h) Sister Cities Committee Japanese Subcommittee Appointment had been pulled from the agenda. 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 Study Session and Executive Session of September 13, 2012. -PAYROLL AND (b) Payroll and materials claims for the month MATERIALS CLAIMS of September 2012 in the amount of $6,710,288.45. -AIRPORT (c) Confirm the Mayor’s appointment of Richard COMMISSION Gregersen to serve as a member of the APPOINTMENT Airport Commission, replacing Steven Brown whose term expired. Mr. Gregersen’s term will begin October 9, 2012 and will expire October 9, 2014. -AMERICANS WITH (d) Confirm the Mayor’s reappointments of Kraig DISABILITIES C. McGee and Dean Nielson to continue their GRIEVANCE service as members of the ADA Grievance COMMITTEE Committee. Both terms will begin September REAPPOINTMENTS 7, 2012 and will expire September 7, 2014. REGULAR CITY COUNCIL MEETING 2 OCTOBER 4, 2012 -CIVIL SERVICE (e) Confirm the Mayor’s reappointment of Pete COMMISSION Black to continue his service as a member of REAPPOINTMENT the Civil Service Commission. Mr. Black’s term will begin October 6, 2012 and will expire October 6, 2018. -GOLF ADVISORY (f) Confirm the Mayor’s appointment of Larry COMMITTEE Morton to serve as a member of the Golf APPOINTMENT Advisory Committee, replacing Stephen Anderson whose term expired. Mr. Morton’s term will begin October 6, 2012 and will expire October 6, 2015. -SISTER CITIES (g) Confirm the Mayor’s appointment of Barbara COMMITTEE Pancoast to serve as a member of the African APPOINTMENT Sister Cities Subcommittee, filling a long- AFRICAN term vacancy. Ms. Pancoast’s term will SUBCOMMITTEE begin October 5, 2012 and will expire October 5, 2016. -SISTER CITIES (h) As stated by Mayor Blad, the appointment of COMMITTEE Ted Davis to serve as a member of the APPOINTMENT Japanese Sister Cities Subcommittee, filling JAPANESE a long-term vacancy had been pulled from SUBCOMMITTEE the agenda. -COUNCIL DECISION (i) Adopt the Council’s decision to grant GREENFIELD Satterfield Realty & Development’s request MEADOWS SUBDIVISION for approval of the final plat for Greenfield Meadows Subdivision, Division 1, subject to conditions. The proposed subdivision will consist of twelve (12) residential lots and one additional lot to be dedicated to the City for storm water retention purposes on approximately 4.63 acres situated east of Satterfield Drive on an extension of Owyhee Street. -CHILD CARE (j) Uphold the Police Department’s LICENSE REVOCATION recommendation to revoke Kare 4 Kids Child KARE 4 KIDS Care license. The request is based on several violations that have taken place at the child care facility located at 2284 Douglas. A motion was made by Mr. Moore, seconded by Mr. Cooper, to approve agenda items 3(a) through 3(g), agenda item 3(i), and to consider agenda item 3(j) as a separate agenda item. Upon roll call, those voting in favor were Moore, Cooper, Bray and Brown. -CHILD CARE (j) Council may wish to uphold Police LICENSE REVOCATION Department’s recommendation to revoke Kare 4 KARE 4 KIDS Kids Child Care license. The request is based on several violations that have taken place at the child care facility located at 2284 Douglas. REGULAR CITY COUNCIL MEETING 3 OCTOBER 4, 2012 In response to questions from Council, Major Jim Peterson stated the Pocatello Police Department is requesting revocation of the daycare license for Kare 4 Kids due to several incidences occurring at the daycare. He indicated that the Police Department received a complaint which initiated an inspection of the facility. Major Peterson reported that several safety violations were discovered, many of them previously addressed by the Health Department, the Fire Department and the Police Department. As a result, the daycare was shut down at that time. In response to questions from Council, Assistant Fire Chief Mike Williams stated violations found at the daycare included a broken window in the playroom; children in the basement, which did not have adequate exit availability; small children sleeping in a closet area; as well as many other violations. He stated due to the number of violations and the severity of each one, the daycare was shut down immediately. Kim Stouse, Licensing Officer, stated an inspection of the daycare took place after a complaint was filed with the Southeast Idaho Public Health Department (SEIPH). Representatives from the Pocatello Police Department, Animal Control, Fire Department and SEIPH were present for the inspection. Ms. Stouse gave an overview of the inspection, including discrepancies and violations found at the daycare. Michelle Allen, Southeast Idaho Public Health Department representative, stated SEIPH was originally contacted for three different complaints regarding the Kare 4 Kids facility. She explained as the investigation continued, additional agencies were brought in to investigate the violations. Ms. Allen stated every complaint filed with SEIPH is investigated, regardless of the circumstances. Council members shared numerous concerns brought to their attention regarding the violations at the facility. Katie Leichty, 2284 Douglas, owner of Kare 4 Kids, stated she realized there were several code violations, but didn’t realize the severity of the violations and she feels she has rectified all correctable problems addressed in the investigation. Discussion continued regarding child safety issues and two dogs living on the premises that have shown aggressive behavior and had not been vaccinated for rabies. In response to a question from Council, Ms. Leichty stated she was unaware of the requirements for vaccinations regarding her dogs and has since had her animals vaccinated. REGULAR CITY COUNCIL MEETING 4 OCTOBER 4, 2012 Mr. Brown expressed his concern that although some violations appeared to be minor, they were ongoing problems which had been addressed by the SEIPH and the Police Department on previous occasions. Mr. Bray shared his concern regarding an incident which occurred at the facility in which a child sustained a spinal fracture to the femur. He added that the child’s mother was in the audience and could share details regarding the incident. A motion was made by Mr. Moore, seconded by Mr. Bray, to uphold the Police Department’s recommendation and revoke Kare 4 Kids Child Care license to be effective upon ten (10) days written notice from the City Clerk and the Licensee shall be prohibited from reapplying for another daycare license from the City of Pocatello for a period of one (1) year from the date of the revocation as specified by the City Clerk. Mr. Bray stated that the Council’s responsibility is to ensure the safety of children in daycares. Mr. Cooper added that city daycares are required to be licensed and daycare ordinances are in place for the safety of children. Mr. Moore’s motion was voted upon at this time. Upon roll call, those voting in favor were Moore, Bray, Brown and Cooper. AGENDA ITEM NO. 4: Mr. Moore, on behalf of Mayor Blad, COMMUNICATIONS AND proclaimed October 7 through October 13, PROCLAMATIONS 2012 as Fire Prevention Week in Pocatello and urged citizens to protect their homes and families from the dangers of fires and support the efforts of Pocatello’s fire and emergency services. Richard Nelson, Fire Prevention Captain, accepted the proclamation and thanked the Mayor and Council for the proclamation. Mayor Blad welcomed boy scouts from Troop No. 323 and No. 380. AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the CALENDAR REVIEW October 11th Study Session at 9:00 a.m. and the October 18th Regular Council meeting at 6:00 p.m. Mayor Blad announced the Utility Billing offices will be changing hours starting October 5th, and they will now be open 8:00 a.m. to 5:00 p.m. Monday through Thursday and 8:00 a.m. to 1:00 p.m. on Fridays; Run With the Big Dogs event will be held on October 6th , contact Animal Services for more information; on October 6th, Animal REGULAR CITY COUNCIL MEETING 5 OCTOBER 4, 2012 Shelter office hours will be from 2:00 p.m. to 5:00 p.m. to allow staff and volunteers to assist with the Run With the Big Dogs Event; a free public showing of “Hunger Games” movie will be held at the Marshall Public Library at 2:30 p.m. on October 6th in conjunction with the 30th Anniversary of Banned Books Week; a Town Hall meeting will be held October 9th from 6:00 p.m. to 7:00 p.m. in the City Hall Council Chambers; and Mayor’s Awards for the Arts, hosted by the Idaho Food Bank, will be held October 11th from 6:30 p.m. to 8:30 p.m., tickets are on sale at the Mayor’s Office and The Idaho Foodbank. AGENDA ITEM NO. 6: Niki Taysom, Pocatello resident, is DISCUSSION ITEMS concerned about programs and activities FROM THE AUDIENCE which take place in the community and throughout the nation. Idaho Lorax, Pocatello resident, shared his concerns regarding elemental cleanup projects in the community and ongoing safety of residents. In response to a question from Council, Mr. Lorax stated he resides in Pocatello because he enjoys the community. He would like to help to make it a better place for other residents. Nannette Smith, 745 Swisher Road, shared her concerns regarding vehicles and trailers blocking the roads near Prime Time Auctions. Mayor Blad stated City staff is working with the owners of Prime Time Auctions to resolve this issue. Theo Rawson, 51 Westello Boulevard, and Marlene Murray, 967 Marinus Lane, shared their concerns regarding the safety of children walking to school along Hiline Road. They would like an additional crosswalk placed on Hiline Road so the children will not have to walk as far. Council discussion followed regarding placement of a crosswalk on Hiline Road and alternate access onto school grounds. It was noted that school buses are not able to travel up the steep roads in the neighborhood. However, the area suggested for a crosswalk did not appear to be a safe section of the road for this type of use. Ms. Murray stated she spoke to School District No. 25 representatives and they are willing to install a gate to access school property near Eastpoint Drive. Jennifer Scow, 1623 Eastpointe Drive, and DeNae Jones, 719 Daybreak, shared their concerns regarding an additional crosswalk on Hiline Road near Syringa Elementary School. They stated that children are not walking down to the current crosswalk at a four- way stop located at Hiline and El Rancho to cross the road on their REGULAR CITY COUNCIL MEETING 6 OCTOBER 4, 2012 way to school. Instead, children are walking along the canal and crossing at other sections along the road. Ms. Scow feels an additional crosswalk will benefit the children and is in the best interest of the City. She added that children do not always make good choices when walking along the road and drivers are not always watching for pedestrians. AGENDA ITEM NO. 7: This time was set aside for Council to PUBLIC HEARING accept comments from the public regarding –SIGN CODE potential amendments to the Pocatello Sign Code Section, Municipal Section 15.20. The proposal includes some editorial changes as well as adding historic district changeable signs. Mayor Blad opened the public hearing. Terri Neu, Assistant Planner, reviewed proposed changes to the Sign Code. She noted that the current Zoning Ordinance was changed in 2008 and part of the change included having the Hearing Examiner hold the public hearings for sign exceptions rather than the Planning and Zoning Commission. In addition, City staff has identified other changes regarding the sign code and these suggestions were discussed at a work session held on August 8, 2012. Ms. Neu stated the Planning and Zoning Commission recommended approval of the proposed changes. It was noted that additional correspondence was received from Gene Crawford, 1125 Booth Drive, asking that the City reconsider prohibiting portable signs in all areas of Pocatello. Council discussion followed regarding signage requirements when a business closes. Greg Helm, 346 South Johnson Avenue, spoke in favor of the proposed ordinance and thanked the Historic Preservation Commission for addressing the needs of business owners in Old Town. He feels businesses in the Old Town district are more limited in advertisement and signage choices. Niki Taysom, Pocatello resident, expressed her concerns with changes to the sign code. Daniel Call, 615 South 19th Avenue, feels the proposed code changes are positive, but would like to incorporate the changes throughout the whole city, and not be limited to only Old Town businesses. Mayor Blad stated Yellowstone Avenue, 4th Avenue and 5th Avenue are state highways and are under the jurisdiction of the State of Idaho. REGULAR CITY COUNCIL MEETING 7 OCTOBER 4, 2012 Theron Pollard, owner of Tee Pee Advertising and Westwood Discount, feels banners and temporary signs are an important way for businesses to promote specials and business owners need to have an economical way of helping their business thrive. Kathy Rogers, 9593 West Charlotte Drive, owns a business on 4th Avenue and would like to be able to use portable signs as a means of advertising in front of her business. She feels it is a creative and important way to advertise her business. Dennis Jablonski, 478 Arabian, is the owner of Sign-a-Rama, and is opposed to having only the Old Town district included in the area where portable signs are allowed. He feels portable signs are important to small business owners and other communities allow them. Gene Crawford, 1125 Booth Drive, stated he supports Old Town businesses. However, he objects to the wording of the proposed City Code that prohibits other areas in Pocatello from having portable signs. Mr. Crawford feels that shoppers benefit from the use of portable signs in order to know what is available for purchase. He feels the current code cannot be effectively enforced because he has noticed portable signs in the public right-of-way and on private property at various locations in the City. Idaho Lorax, Pocatello citizen, feels signs are a form of art and art in any form benefits the community. Council discussion continued regarding banner placement, maintenance and restrictions. It was noted that frequent windy conditions in the community causing damage, high maintenance and secure placement of portable signs and banners has been a past issue. 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 amendments to the Pocatello Sign Code Section, Municipal Section 15.20 and instruct Legal Department staff to prepare an ordinance for consideration. Council discussion followed regarding limiting portable signs in Old Town to provide a test stage for utilizing these types of signs. It was noted that information gleaned from this first phase can be utilized to modify the ordinance for consideration by the Council for the city as a whole. It was the consensus of the Council that the proposed changes are a good start for revamping the current sign code and a dialog needs to continue. REGULAR CITY COUNCIL MEETING 8 OCTOBER 4, 2012 In response to questions from Council, Dean Tranmer, City Attorney, stated that consideration of portable signs for all zoning areas in Pocatello would require starting the process over again for consideration of changes to the proposed zoning ordinance. He explained that public hearing and notification requirements would need to be met. Discussion followed regarding the proposed zoning ordinance and some members of the Council stated they would like to review additional information that may allow portable signs in other areas of the city. Mr. Brown suggested that the proposed zoning changes be approved with the exception of banners, pennants, sails and festoons as referenced under Section 15.20.90 and that a study session be held to discuss this type of signage no later than March 1, 2013. Mr. Bray amended his motion asking that Council approve the amendments of the Pocatello Sign Code Section, Municipal Section 15.20 and instruct Legal Department staff to prepare an ordinance for consideration, with the exception of Section 15.20.090(b)(15) regarding the display of banners, pennants, sails and festoons; and that this section and further discussion regarding the use of portable signs in all areas of Pocatello come before the Council at a public hearing no later than March 1, 2013. Mr. Moore accepted the amendment. Mr. Bray’s amended motion was voted upon at this time. Upon roll call, those voting in favor were Bray, Moore and Brown. Mr. Cooper voted in opposition to the motion. The motion passed. Mayor Blad called a recess at 8:17 p.m. Mayor Blad reconvened the meeting at 8:28 p.m. AGENDA ITEM NO. 8: This time was set aside for Council to PUBLIC HEARING accept testimony from citizens and -COMMUNITY organizations on any housing and non-housing DEVELOPMENT BLOCK community development needs they have GRANT (CDBG) identified. The Council may also review 2013 NEEDS written Statements of Intent to Apply for 2013 Community Development Block Grant (CDBG) funding and local organizations may be present to review their proposals for funding. Mayor Blad opened the public hearing. Melanie Gygli, Neighborhood and Community Services (NCS) Division Manager, reviewed the process used by applicants to apply for CDBG funds. She explained that a federal Fiscal Year 2013 budget had not been adopted at that time. Ms. Gygli stated for purposes of REGULAR CITY COUNCIL MEETING 9 OCTOBER 4, 2012 planning, NCS staff has estimated the City’s allocation to be $340,000.00, which is about eight percent below the Fiscal Year 2012 budget amount. She added that statements of intent to apply for funding requests totaled nearly $500,000.00. Ms. Gygli noted that sidewalk, curb and gutter projects are the only major programs planned in the upcoming year. Mayor Blad announced that no written comments were received regarding the applications for CDBG funds. BJ Stensland, Aid for Friends Executive Director, outlined their organization’s purpose and reviewed their funding request. She stated that funding to repair an aging sewer line at their Shelter is being requested. Julie Stone, Pocatello Neighborhood Housing Services (PNHS) representative, reviewed the projects their funding request would be used for. She stated that PNHS continues to assist in lending programs to help those who do not qualify for traditional loans and the down payment on a home. Linda Crockford, Pocatello Senior Center general manager, reviewed their request for funding. She shared that installation of a vestibule at the entrance to the Center is necessary to ensure energy efficiency and usability of the front entrance meeting room. Ms. Crockford stated that the building is primarily used to provide nutrition for seniors and low income citizens. She added that other area agencies, such as the Japanese/American League, the Idaho Senior Games and the NAACP use the building on a regular basis. Idaho Lorax, Pocatello resident, stated he works with area Neighborhood Watch groups and hopes to see expansion programs in the Old Town area. Niki Taysom, Pocatello resident, spoke in opposition to the matter and feels public funds should not be used for these types of programs. There being no further public comments, Mayor Blad closed the public hearing. AGENDA ITEM NO. 9: Council was asked to adopt the proposed CDBG LANGUAGE Language Assistance Plan. As an entitlement ASSISTANCE PLAN city, Pocatello is required to ensure that all individuals are provided appropriate access to Community Development Block Grant (CDBG)-funded programs. The Language Assistance Plan sets out the method by which non- English speakers can obtain necessary information. The CDBG Advisory Committee reviewed the plan and recommended its adoption. REGULAR CITY COUNCIL MEETING 10 OCTOBER 4, 2012 A motion was made by Mr. Moore, seconded by Mr. Cooper, to adopt the proposed Language Assistance Plan to provide appropriate access to CDBG-funded programs. Upon roll call, those voting in favor were Moore, Cooper, Bray and Brown. AGENDA ITEM NO. 10: Council was asked to consider a request by REVOCABLE USE “Idaho Lorax” (address: 2674 North Main, LICENSE-IDAHO LORAX Pocatello ID 83204) representing the Lorax Group; Beaver Hamlet Foundation; and People’s Park Committee, for a Revocable Use License for the placement of a portable toilet upon City-owned property located approximately 900 feet north of Kraft Road across the Portneuf River adjacent to North Main Street. This City-owned property is not part of the City’s park system. Development Engineering Staff recommended denial of the request. Council may also wish to discuss other issues related to the use of said property. A motion was made by Mr. Moore, seconded by Mr. Cooper, to deny the request by “Idaho Lorax” for a Revocable Use License for the placement of a portable toilet upon City-owned property located approximately 900 feet north of Kraft Road across the Portneuf River adjacent to North Main Street. Mr. Cooper stated that the piece of property where Mr. Lorax is requesting to place a portable toilet is not a City park, and he feels the defacing of rocks on the property looks like graffiti. Mayor Blad stated that the piece of property in question is privately owned by the City of Pocatello and because of that, changes to the property could result in legal action against individuals who change the landscape of the area. Mr. Moore stated he is not opposed to having a park added to the City park system, but it is important to follow the proper procedure regarding community input and approval from the Parks and Recreation Advisory Board. Mr. Lorax feels the property could be used as an open space area for public use. Mr. Moore’s motion was voted upon at this time. Upon roll call, those voting in favor were Moore, Cooper, Bray and Brown. AGENDA ITEM NO. 11: Council was asked to consider two requests SPECIAL EVENT from Aid For Friends. The group wishes to WAIVER REQUESTS conduct a special fundraising event at –AID FOR FRIENDS Caldwell Park beginning the evening of ANNUAL ENCAMPMENT November 30, 2012 and concluding on December 2, 2012 at 10:00 a.m. Therefore, they will need permission to have people in the park during the evenings of REGULAR CITY COUNCIL MEETING 11 OCTOBER 4, 2012 November 30th and December 1st. They are also requesting that parking on that portion of East Center Street, adjacent to the park, be limited to vehicles associated with the event from 10:00 a.m. on December 1st to 10:00 a.m. on December 2nd. A motion was made by Mr. Bray, seconded by Mr. Brown, to approve two requests from Aid for Friends to allow people in Caldwell Park during the evenings of November 30, 2012 and December 1, 2012 and that parking along East Center Street, adjacent to Caldwell Park be limited to vehicles associated with the event from 10:00 a.m. on December 1st to 10:00 a.m., December 2nd. Upon roll call, those voting in favor were Bray, Brown, Cooper and Moore. AGENDA ITEM NO. 12: Council was asked to consider a request by HOME DEMOLITION the Building Inspector to authorize the -628 WEST utilization of funds from the Property SHERMAN STREET Abatement Fund for the purpose of abatement by demolition of a dangerous building located at 628 West Sherman Street. Fire damaged portions of the structure are likely to partially collapse. Estimated costs associated with the demolition are $7,500.00 to $8,000.00. A motion was made by Mr. Moore, seconded by Mr. Cooper, to approve a request to authorize the utilization of funds from the Property Abatement Fund for the purpose of abatement by demolition of a dangerous building located at 628 West Sherman Street. In response to questions from Council, Lynn Transtrum, Building Official, stated the structure was burned in December 2011 and numerous attempts to contact the rightful owner of the property have been unsuccessful. He added that the house is in close proximity to Irving Junior High School and is a dangerous, unsecured structure. Mr. Transtrum explained that a portion of each permit fee paid is collected specifically for abatement of dangerous buildings. He added that if approved, demolition would take place as soon as possible. Mr. Moore’s motion was voted upon at this time. Upon roll call, those voting in favor were Moore, Cooper, Bray and Brown. AGENDA ITEM NO. 13: Council was asked to approve and authorize AIRPORT LEASE the Mayor to sign a lease agreement with the AGREEMENT Transportation Security Administration (TSA) –TRANSPORTATION for 1,500 square feet of office space inside SECURITY the terminal building at the Pocatello ADMINISTRATION (TSA) Regional Airport. The lease will be for a ten-year term with five years fixed, and two five-year renewal options. The rental rate will be $34,044.00 for REGULAR CITY COUNCIL MEETING 12 OCTOBER 4, 2012 the first five years and $32,316.00 for the second five years with a 3% per year cumulative increase for the renewal terms. A motion was made by Mr. Bray, seconded by Mr. Cooper, to approve and authorize the Mayor to sign a lease agreement with the Transportation Security Administration (TSA) for 1,500 square feet of office space inside the terminal building at the Pocatello Regional Airport and that the lease will be for a ten-year term with five years fixed, and two five-year renewal options and that the rental rate will be $34,044.00 for the first five years and $32,316.00 for the second five years with a 3% per year cumulative increase for the renewal terms. Upon roll call, those voting in favor were Bray, Cooper, Brown and Moore. AGENDA ITEM NO. 14: Council was asked to renew the Agreement AGREEMENT-MERCER with Mercer Health and Benefits for benefits HEALTH & BENEFITS consulting services to the City. The cost for these services is $20,000.00. A motion was made by Mr. Moore, seconded by Mr. Bray, to renew the Agreement with Mercer Health and Benefit for benefits consulting services to the City and that the amount for these services is $20,000.00. Upon roll call, those voting in favor were Moore, Bray, Brown and Cooper. AGENDA ITEM NO. 15: Council was asked to authorize the Mayor to SUPPLEMENTAL sign a Supplemental Agreement to the Local AGREEMENT NO. 2 Professional Services Agreement with HDR –SOUTH VALLEY Engineering, Inc. for final design of the CONNECTOR South Valley Connector Project, in the PROJECT/FINAL amount of $196,000.00, subject to Legal DESIGN Department review. The supplemental agreement includes engineering services related to the redesign of the I-15 crossing and production of an advanced construction bid package. The project requires a local match between zero percent and twenty percent of the total cost which will be reimbursed by the Pocatello Development Authority. A motion was made by Mr. Cooper, seconded by Mr. Bray, to authorize the Mayor to sign a Supplemental Agreement to the Local Professional Services Agreement with HDR Engineering, Inc. for final design of the South Valley Connector Project, in the amount of $196,000.00, subject to Legal Department review. Upon roll call, those voting in favor were Cooper, Bray, Brown and Moore. There being no further business, Mayor Blad adjourned the meeting at 9:02 p.m. REGULAR CITY COUNCIL MEETING 13 OCTOBER 4, 2012 APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK

Agenda

REGULAR CITY COUNCIL MEETING 1 OCTOBER 4, 2012 A G E N D A CITY OF POCATELLO REGULAR CITY COUNCIL MEETING OCTOBER 4, 2012 - 6:00 PM COUNCIL CHAMBERS 911 NORTH 7TH AVENUE Any citizen who wishes to address the Council shall first be recognized by the Mayor, and shall then give his/her name and address for the record. If a citizen wishes to read documentation of any sort to the Council, he/she shall first seek permission from the Mayor. A three (3) minute time limitation is requested for Council presentations. City Hall and the City Council Chambers are accessible to persons with disabilities. Interpreters for persons with hearing impairments and/or taped information for persons with visual impairments can be provided upon three days notice. For accessibility arrangements, please contact Dave Hunt, ADA Coordinator, at Voice Phone: 208-232-5057; TTY: 208-232-5071; Fax: 208-233-5149; E-mail: dhunt@pocatello.us; Mailing Address: P.O. Box 4169, Pocatello, Idaho 83205-4169; Physical Address: 215 West Bonneville, Pocatello, Idaho. The purpose of the agenda is to assist the Council and interested citizens in the conduct of this public meeting. Citizens should examine the agenda for the item of their interest. If the matter the citizen wishes to discuss is not listed on the formal agenda, an opportunity to be heard by the Council is the agenda item described as "DISCUSSION ITEMS." Total time allotted for this item is fifteen (15) minutes, with a maximum of three (3) minutes per speaker. You must sign in at the start of the meeting. AGENDA CLARIFICATION MEETING: A meeting will be held at 5:30 p.m. in the Paradice Conference Room at City Hall, prior to the regular meeting for clarification of the agenda. RECESS: In the event the meeting is still in progress at 7:30 p.m., the Mayor may call a ten-minute recess to allow Council members and participants a brief rest period. AGENDA ITEM NO. 1: ROLL CALL AND PLEDGE OF ALLEGIANCE. AGENDA ITEM NO. 2: INVOCATION: The invocation will be offered by Pastor Jonathan Dinger, Grace Lutheran Church. REGULAR CITY COUNCIL MEETING 2 OCTOBER 4, 2012 AGENDA ITEM NO. 3: CONSENT AGENDA: The following business items may be approved by one motion and a vote. If any one member of the Council so desires, any matter listed can be moved to a separate agenda item. (a) MINUTES: Council may wish to waive the oral reading of the minutes and approve the minutes from the Study Session and Executive Session of September 13, 2012. (b) PAYROLL AND MATERIAL CLAIMS: Council may wish to consider payroll and material claims for the month of September 2012. (c) AIRPORT COMMISSION APPOINTMENT: Council may wish to confirm the Mayor’s appointment of Richard Gregersen to serve as a member of the Airport Commission, replacing Steven Brown whose term expired. Mr. Gregersen’s term will begin October 9, 2012 and will expire October 9, 2014. (d) AMERICANS WITH DISABILITIES GRIEVANCE COMMITTEE REAPPOINTMENTS: Council may wish to confirm the Mayor’s reappointments of Kraig C. McGee and Dean Nielson to continue their service as members of the ADA Grievance Committee. Both terms will begin September 7, 2012 and will expire September 7, 2014. (e) CIVIL SERVICE COMMISSION REAPPOINTMENT: Council may wish to confirm the Mayor’s reappointment of Pete Black to continue his service as a member of the Civil Service Commission. Mr. Black’s term will begin October 6, 2012 and will expire October 6, 2018. (f) GOLF ADVISORY COMMITTEE APPOINTMENT: Council may wish to confirm the Mayor’s appointment of Larry Morton to serve as a member of the Golf Advisory Committee, replacing Stephen Anderson whose term expired. Mr. Morton’s term will begin October 6, 2012 and will expire October 6, 2015. (g) SISTER CITIES COMMITTEE APPOINTMENT-AFRICAN SUBCOMMITTEE: Council may wish to confirm the Mayor’s appointment of Barbara Pancoast to serve as a member of the African Sister Cities Subcommittee, filling a long-term vacancy. Ms. Pancoast’s term will begin October 5, 2012 and will expire October 5, 2016. (h) SISTER CITIES COMMITTEE APPOINTMENT-JAPANESE SUBCOMMITTEE: Council may wish to confirm the Mayor’s appointment of Ted Davis to serve as a member of the Japanese Sister Cities Subcommittee, filling a long-term REGULAR CITY COUNCIL MEETING 3 OCTOBER 4, 2012 vacancy. Mr. Davis’ term will begin October 5, 2012 and will expire October 5, 2016. (i) COUNCIL DECISION-GREENFIELD MEADOWS SUBDIVISION: Council may wish to adopt its decision to grant Satterfield Realty & Development’s request for approval of the final plat for Greenfield Meadows Subdivision, Division 1, subject to conditions. The proposed subdivision will consist of twelve (12) residential lots and one additional lot to be dedicated to the City for storm water retention purposes on approximately 4.63 acres situated east of Satterfield Drive on an extension of Owyhee Street. (j) CHILD CARE LICENSE REVOCATION-KARE 4 KIDS: Council may wish to uphold the Police Department’s recommendation to revoke Kare 4 Kids Child Care license. The request is based on several violations that have taken place at the child care facility located at 2284 Douglas. AGENDA ITEM NO. 4: COMMUNICATIONS AND PROCLAMATIONS: AGENDA ITEM NO. 5: CALENDAR REVIEW: Council may wish to take this opportunity to inform other Council members of upcoming meetings and events that should be called to their attention. AGENDA ITEM NO. 6: DISCUSSION ITEMS: This time has been set aside to hear discussion items not listed on the agenda. Items which appear somewhere else on the agenda will not be discussed at this time. The Council is not allowed to take any official action at this meeting on matters brought forward under this agenda item. Items will either be referred to the appropriate staff or scheduled on a subsequent agenda. You must sign in at the start of the meeting in order to be recognized. (Note: Total time allotted REGULAR CITY COUNCIL MEETING 4 OCTOBER 4, 2012 for this item is fifteen (15) minutes, with a maximum of three (3) minutes per speaker.) PUBLIC HEARINGS: The procedure that will be used for conducting the public hearings is at the end of the agenda. AGENDA ITEM NO. 7: PUBLIC HEARING-SIGN CODE: This time has been set aside for the Council to accept comments from the public regarding potential amendments to the Pocatello Sign Code Section, Municipal Section 15.20. The proposal includes some editorial changes as well as adding historic district changeable signs. AGENDA ITEM NO. 8: PUBLIC HEARING-BUDGET YEAR 2013 CDBG NEEDS: This time has been set aside for the Council to accept testimony from citizens and organizations on any housing or non-housing community development needs they have identified. The Council will also review written Statements of Intent to Apply for 2013 Community Development Block Grant (CDBG) funding and organizations may present their proposals for the funding. AGENDA ITEM NO. 9: CDBG LANGUAGE ASSISTANCE PLAN: Council may wish to adopt the proposed Language Assistance Plan. As an entitlement city, Pocatello is required to ensure that all individuals are provided appropriate access to Community Development Block Grant (CDBG)-funded programs. The Language Assistance Plan sets out the method by which non-English speakers can obtain necessary information. The CDBG Advisory Committee has reviewed the plan and recommends its adoption. REGULAR CITY COUNCIL MEETING 5 OCTOBER 4, 2012 AGENDA ITEM NO. 10: REVOCABLE USE LICENSE-IDAHO LORAX: Council may wish to consider a request by “Idaho Lorax” (address: 2674 North Main, Pocatello ID 83204) representing the Lorax Group; Beaver Hamlet Foundation; and People’s Park Committee, for a Revocable Use License for the placement of a portable toilet upon City-owned property located approximately 900 feet north of Kraft Road across the Portneuf River adjacent to North Main Street. This City-owned property is not part of the City’s park system. Development Engineering Staff recommends denial of the request. Council may also wish to discuss other issues related to the use of said property. AGENDA ITEM NO. 11: SPECIAL EVENT WAIVER REQUESTS-AID FOR FRIENDS ANNUAL ENCAMPMENT: Council may wish to consider two requests from Aid For Friends. The group wishes to conduct a special fundraising event at Caldwell Park beginning the evening of November 30, 2012 and concluding on December 2, 2012 at 10:00 a.m. Therefore, they will need permission to have people in the park during the evenings of November 30th and December 1st. They are also requesting that parking on that portion of East Center Street, adjacent to the park, be limited to vehicles associated with the event from 10:00 a.m. on December 1st to 10:00 a.m. on December 2nd. AGENDA ITEM NO. 12: HOME DEMOLITION-628 WEST SHERMAN STREET: Council may wish to consider a request by the Building Inspector to authorize the REGULAR CITY COUNCIL MEETING 6 OCTOBER 4, 2012 utilization of funds from the Property Abatement Fund for the purpose of abatement by demolition of a dangerous building located at 628 West Sherman Street. Fire damaged portions of the structure are likely to partially collapse. Estimated costs associated with the demolition are $7,500.00 to $8,000.00. AGENDA ITEM NO. 13: AIRPORT LEASE AGREEMENT-TRANSPORTATION SECURITY ADMINISTRATION (TSA): Council may wish to approve and authorize the Mayor to sign a lease agreement with the Transportation Security Administration (TSA) for 1,500 square feet of office space inside the terminal building at the Pocatello Regional Airport. The lease will be for a ten-year term with five years fixed, and two five-year renewal options. The rental rate will be $34,044.00 for the first five years and $32,316.00 for the second five years with a 3% per year cumulative increase for the renewal terms. AGENDA ITEM NO. 14: AGREEMENT-MERCER HEALTH & BENEFITS: Council may wish to renew the Agreement with Mercer Health and Benefits for benefits consulting services to the City. The cost for these services is $20,000.00. AGENDA ITEM NO. 15: SUPPLEMENTAL AGREEMENT-SOUTH VALLEY CONNECTOR PROJECT/FINAL DESIGN: Council may wish to authorize the Mayor to sign a Supplemental Agreement to the Local Professional Services Agreement between HDR Engineering, Inc. and the City of Pocatello for final design of the South REGULAR CITY COUNCIL MEETING 7 OCTOBER 4, 2012 Valley Connector Project, in the amount of $196,000.00, subject to Legal Department review. The supplement agreement includes engineering services related to the redesign of the I-15 crossing and production of an advanced construction bid package. The project requires a local match between zero percent and twenty percent of the total cost which will be reimbursed by the Pocatello Development Authority. PUBLIC HEARING PROCEDURE 1. Explanation of hearing procedures by Mayor or staff. • Ten (10) minute time limit on applicant presentation. • Three (3) minute time limit on public testimony. • Names and addresses are required from those presenting/testifying. • Questions/comments should be addressed to the Mayor and Council. • Council members must make their decision regarding the application on facts already in the record and information presented at the public hearing. • Protocol requires that Council and audience be recognized by the Mayor prior to speaking. 2. Mayor opens hearing. 3. Presentation by applicant. Note: Remember, applicant bears the responsibility for making his/her case. This is also the time for Council members to ask their questions of the applicant. 4. Presentation by staff. 5. Written correspondence submitted for the record. 6. Testimony by those supporting the application. 7. Testimony by those uncommitted on the application. 8. Testimony by opponents to the application. REGULAR CITY COUNCIL MEETING 8 OCTOBER 4, 2012 9. Rebuttal by the applicant. 10. Mayor closes the hearing and initiates motion/deliberations. Note: The Mayor may choose to require a motion prior to the discussion in order to focus deliberations, or, the Mayor may choose to allow deliberations prior to the motion in order to facilitate wording of the motion. 11. Develop a written and reasoned statement supporting the decision.

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