City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2012 CLARIFICATION The City Council Agenda Clarification MEETING Meeting was called to order at 5:30 p.m. by Mayor Brian Blad. Council members present were Roger Bray, Steve Brown, Craig Cooper, Jim Johnston, Eva Johnson Nye and Gary Moore. 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, 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 October 11, 2012 Study Session and the October 29, 2012 City Council Luncheon. -TREASURER’S (b) Treasurer’s Report for October 2012 showing REPORT cash and investments as of October 31, 2012 in the amount of $21,341,136.37. -HUMAN RELATIONS (c) Confirm the Mayor’s appointment of Gloria ADVISORY Mayer to serve as a member of the Human COMMITTEE Relations Advisory Committee, replacing APPOINTMENT Clair Kosmicki who resigned. Ms. Mayer’s term will begin November 16, 2012 and will expire August 8, 2016. -CONTRACT (d) Approve a one-year contract with The GROSSMAN GROUP, LLC Grossman Group, LLC, from Washington, DC, to provide lobbyist services for the City of Pocatello. The basic one-year contract will be effective October 1, 2012. REGULAR CITY COUNCIL MEETING 2 NOVEMBER 15, 2012 -RESOLUTION (e) Adopt a resolution (2012-15) outlining the CDBG LANGUAGE Language Assistance Plan for Community ASSISTANCE PLAN Development Block Grant (CDBG) programs within the city limits to meet HUD guidelines and requirements. 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 announced there were no COMMUNICATIONS AND proclamations. PROCLAMATIONS AGENDA ITEM NO. 5: Mayor Blad reminded the Council about the CALENDAR REVIEW December 6th Regular Council Meeting at 6:00 p.m., the December 13th Study Session at 9:00 a.m. and the December 20th Regular Council Meeting at 6:00 p.m. Mayor Blad announced City Creek Recreation Area gates are now closed to motorized access until May 2013; City Offices will be closed November 22nd and 23rd to observe the Thanksgiving Holiday. However, garbage and recycling collection will be only one day behind schedule; the Community Recreation Center will be closed on Thanksgiving Day, but will be open 9:00 a.m. to 5:00 p.m. on Friday, November 23rd; the Holiday Celebration and Lights Parade in Old Town will be Friday, November 23rd; the 22nd Annual Christmas in the Nighttime Skies fireworks event will be held at 5:00 p.m. at the Bannock County Fairgrounds; the City’s special leaf pick-up program continues through November 30th; and the Festival of Trees at Stephens Performing Arts Center runs November 28th through December 1st. Mayor Blad wished good luck to the Idaho State University football team on their upcoming game. AGENDA ITEM NO. 6: Idaho Lorax, Pocatello resident, distributed DISCUSSION ITEMS blue ribbons to Council members in support FROM THE AUDIENCE of “No Bullies” month. Mayor Blad acknowledged that Idaho Lorax is the correct name for Mr. Lorax and will use this name to address him in future meetings. Ralph Baker, 755 North Arthur, gave an overview of the legal eviction process when dealing with landlord/tenant disputes in the state of Idaho. Niki Taysom, Pocatello resident, shared her concerns regarding community issues. REGULAR CITY COUNCIL MEETING 3 NOVEMBER 15, 2012 AGENDA ITEM NO. 7: This time was set aside for Council to TAXI LICENSE hear a presentation by Aman Gas who is DENIAL APPEAL appealing the decision of Police Department staff which denied Mr. Gas a taxi license. Lieutenant Paul Manning, Police Department, gave an overview of Mr. Gas’s application and the violations discovered upon completion of a background check which led to the decision to deny the taxi license. In response to questions from Council, Aman Gas, 425 Hyde Avenue, stated he would like to be able to provide taxi services to the community. He added that he was asked by the owner of the taxicab company to apply for license. Mr. Gas stated he has a valid driver’s license but does not provide taxi services at this time. Mr. Cooper stated he is concerned with Mr. Gas’s long record of violations and that he has received multiple citations in 2012. A motion was made by Mr. Bray, seconded by Mrs. Nye, to uphold the Police Department’s decision to deny Aman Gas’s taxi license application. Upon roll call, those voting in favor were Bray, Nye, Brown, Cooper, Johnston and Moore. Mr. Bray feels Mr. Gas should have a clear driving and police record for a period of 10 years before re-applying for a taxi license. AGENDA ITEM NO. 8: Council was asked to consider a request from EXCEPTION REQUEST Christopher James Martin representing Eyes -EYES WIDE OPEN Wide Open Entertainment (mailing address: ENTERTAINMENT 1730 West Quinn, No. 236, Pocatello, Idaho 83202) for an exception to City Municipal Codes 5.60.1300 and 17.06.400 to allow the operation of an internet based business for male exotic dancers from his residence at 1730 West Quinn Road, No. 236. If Council approves the request, Mr. Martin will need to meet all licensing requirements for a sexual oriented business within City limits. Christopher James Martin, 1730 West Quinn, No. 236, stated he is seeking to start a business in which male exotic dancers, acting as independent contractors, would provide services for various events in private homes and locations throughout the city. He added the business appointments would be set up online, and customers would not be at his home. A motion was made by Mr. Johnston, seconded by Mr. Cooper, to deny a request from Christopher James Martin representing Eyes Wide Open Entertainment for an exception to City Municipal Codes 5.60.1300 and 17.06.400 to allow the operation of an internet based business REGULAR CITY COUNCIL MEETING 4 NOVEMBER 15, 2012 for male exotic dancers from his residence at 1730 West Quinn, No. 236. Upon roll call, those voting in favor were Johnston, Cooper, Bray, Brown, Moore and Nye. AGENDA ITEM NO. 9: Council was asked to accept the BID-STREET recommendations of staff and award the bid DEPARTMENT for a 2007 International Truck to Rush Truck Center, who gave the lowest responsive bid, in the amount of $49,900.00. The street Department sent out eight (8) sets of specifications to vendors, with two (2) vendors responding the request for quotes. Funds are available in the Department’s Fiscal Year 2013 budget. A motion was made by Mrs. Nye, seconded by Mr. Johnston, to accept the recommendations of staff and award the bid for a 2007 International Truck to Rush Truck Center, who gave the lowest responsive bid, in the amount of $49,900.00 Upon roll call, those voting in favor were Nye, Johnston, Bray, Brown, Cooper and Moore. AGENDA ITEM NO. 10: Council was asked to accept the DECLARATION OF recommendations of Street Department staff SURPLUS SANDER to declare one 5 cubic yard Sander as -STREET DEPARTMENT surplus and allow the City of American Falls to purchase the sander for $500.00. As of May 2013, the Street Department will no longer own any 5 cubic yard trucks and will not need the sander. After researching various public auctions, staff found these types of sanders normally bring scrap price which is equal to the dollar value being asked for the item. A motion was made by Mr. Bray, seconded by Mr. Cooper, to accept the recommendations of Street Department staff to declare one 5 Cubic Yard Sander as surplus and allow the City of American Falls to purchase the sander for $500.00. Upon roll call, those voting in favor were Bray, Cooper, Brown, Johnston, Moore and Nye. AGENDA ITEM NO. 11: Council was asked to accept the UTILITY TRUCK recommendations of Fire Department staff to DONATION TO donate one 1987 Ford 1-ton utility box 4x4 BANNOCK COUNTY truck to Bannock County for the benefit of SEARCH AND RESCUE Bannock County Search and Rescue. The truck –FIRE DEPARTMENT has several mechanical issues and it would be very costly to repair. Staff recommends donating the vehicle as an alternative to spending more funds to repair it. Bannock County will accept the vehicle “as is” and provide transport to their facility. A motion was made by Mr. Moore, seconded by Mrs. Nye, to accept the recommendations of Fire Department staff to donate one 1987 Ford REGULAR CITY COUNCIL MEETING 5 NOVEMBER 15, 2012 1-ton utility box 4x4 truck to Bannock County for the benefit of Bannock County Search and Rescue and that Bannock County will accept the vehicle “as is” and provide transport to their facility. Upon roll call, those voting in favor were Moore, Nye, Bray, Brown, Cooper and Johnston. AGENDA ITEM NO. 12: Council was asked to approve an agreement ZOO ENTRANCE with Jackson Land Design, PC in the amount DESIGN AGREEMENT of $5,000.00 to provide concept rendering -JACKSON LAND images for a new entrance to the Zoo. The DESIGN, PC purpose of the agreement is to use the information and images/displays for raising the funds necessary for future architectural designs and construction costs for the Zoo entrance project. Funding for this agreement is available in Zoo Fund 957. A motion was made by Mr. Bray, seconded by Mr. Johnston, to approve an agreement with Jackson Land Design, PC in the amount of $5,000.00 to provide concept rendering images for a new entrance to the Zoo. Upon roll call, those voting in favor were Bray, Johnston, Brown, Cooper, Moore and Nye. AGENDA ITEM NO. 13: Council was asked to approve the following LEASE AGREEMENTS lease agreements for property located at the AIRPORT Pocatello Airport: -EQUIPMENT (a) Lease with Equipment Management Systems for MANAGEMENT the north half of warehouse building No. 231 SYSTEMS for the purpose of cold storage only and will be for a one-year term with four (4) one-year renewal options. The discounted rental rate will be $125.00 per month reviewable annually. The lease will allow for termination upon 30 days written notice should a higher use for the property be found. No utility hookups will be allowed; -BLACK RIDGE (b) Lease with Black Ridge Energy Services, Inc. ENERGY for approximately 7,750 square feet of SERVICES, INC. building space at 1960 Mooney with 15,000 square feet of outdoor storage space at the same location for the purpose of operating an electrical contracting and construction business and will be for a one-year term with four (4) one-year renewal options. The rental rate will be $1,333.46 per month reviewable annually; and -SENOR IGUANAS (c) Lease with Senor Iguanas for the south half of warehouse building No. 231 for the purpose of cold storage only and will be for a one-year term with four (4) one-year renewal options. The rental rate will be $268.00 per month reviewable annually. The lease will allow for termination upon 90 days written notice. No utility hookups will be allowed. REGULAR CITY COUNCIL MEETING 6 NOVEMBER 15, 2012 All of the proposed Airport leases are subject to legal review by each party. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve the following lease agreements for property located at the Pocatello Airport: a) lease with Equipment Management Systems for the north half of warehouse building No. 231 for the purpose of cold storage only and will be for a one-year term with four (4) one-year renewal options and that the discounted rental rate will be $125.00 per month reviewable annually and that the lease will allow for termination upon 30 days written notice should a higher use for the property be found and that no utility hookups will be allowed; b) lease with Black Ridge Energy Services, Inc. for approximately 7,750 square feet of building space at 1960 Mooney with 15,000 square feet of outdoor storage space at the same location for the purpose of operating an electrical contracting and construction business and will be for a one-year term with four (4) one-year renewal options and that the rental rate will be $1,333.46 per month reviewable annually; and c) lease with Senor Iguanas for the south half of warehouse building No. 231 for the purpose of cold storage only and will be for a one-year term with four (4) one-year renewal options and that the rental rate will be $268.00 per month reviewable annually and the lease will allow for termination upon 90 days written notice and that no utility hookups will be allowed. Upon roll call, those voting in favor were Moore, Nye, Bray, Brown, Cooper and Johnston. AGENDA ITEM NO. 14: Council was asked to approve an exception to MASSAGE LICENSURE Pocatello Municipal Code 5.32.060(B) to PERIOD EXCEPTION extend the 2012 licensure period for currently licensed massage establishments and massage therapists for an additional six months, through June 30, 2013. This is an interim measure to provide licensing until Idaho Code Title 54, Chapter 40 goes into effect on July 1, 2013, at which time the State will assume all licensing responsibility for massage establishments and massage therapists. A motion was made by Mr. Bray, seconded by Mr. Cooper, to approve an exception to Pocatello Municipal Code 5.32.060(B) to extend the 2012 licensure period for currently licensed massage establishments and massage therapists for an additional six (6) months through June 30, 2013, at which time the State will assume all licensing responsibility for massage establishments and massage therapists. Upon roll call, those voting in favor were Bray, Cooper, Brown, Johnston, Moore and Nye. AGENDA ITEM NO. 15: Council was asked to consider an ordinance ORDINANCE vacating a portion of East Street between -VACATION OF West Connor Street and the 1500 block of EAST STREET North Hayes, together with an alleyway REGULAR CITY COUNCIL MEETING 7 NOVEMBER 15, 2012 situated between West Connor Street and East Street, and conveying the vacated property to Pocatello Neighborhood Housing Services, Inc. This vacation was approved by Council on April 5, 2012 with adoption of an ordinance pending the completion of conditions. The conditions required for the vacation shall be included on the plat for the parcel. A motion was made by Mr. Bray, seconded by Mr. Johnston, that the ordinance, Agenda Item No. 15, 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 Bray, Johnston, Brown, Cooper, Moore and Nye. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance vacating a portion of East Street between West Connor Street and the 1500 block of North Hayes, together with an alleyway situated between West Connor Street and East Street, and conveying the vacated property to Pocatello Neighborhood Housing Services, Inc. and that the conditions required for the vacation shall be included on the plat for the parcel. 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 2916 and be submitted to the Idaho State Journal for publication. There being no further business, Mayor Blad adjourned the meeting at 6:47 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: REGULAR CITY COUNCIL MEETING 8 NOVEMBER 15, 2012 KONNI R. KENDELL, DEPUTY CLERK