City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING JUNE 20, 2013 CLARIFICATION The City Council Agenda Clarification MEETING Meeting was called to order at 5:32 p.m. by Council President Roger Bray. Council members present were Steve Brown, Craig Cooper, Jim Johnston, Gary Moore and Eva Johnson Nye. Mayor Brian Blad was 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 6:01 p.m. by Council President PLEDGE OF Roger Bray. Council members present were ALLEGIANCE Steve Brown, Craig Cooper, Jim Johnston, Gary Moore and Eva Johnson Nye. Mayor Brian Blad was excused. Council President Bray led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The volunteer scheduled to offer the INVOCATION invocation was not in attendance; therefore, the meeting proceeded without an invocation. Mr. Johnston recused himself from voting on the consent agenda because he has a personal conflict with Agenda item 3(p). 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 of May 9, 2013; Budget Development meetings of May 9 and May 16, 2013; and Executive Sessions of May 16, 2013 and May 23, 2013. -TREASURER’S (b) Consider the Treasurer’s Report for May REPORT 2013 showing cash and investments as of May 31, 2013 in the amount of $25,296,976.70. -FORT HALL (c) Confirm the Mayor’s appointment of Randy’L REPLICA COMMISSION HeDow Teton to serve as a member of the Fort APPOINTMENT Hall Replica Commission, replacing Robert Ballard who resigned. Ms. Teton’s term will begin June 21, 2013 and will expire January 16, 2015. REGULAR CITY COUNCIL MEETING 2 JUNE 20, 2013 -FRIENDS OF THE (d) Confirm the Mayor’s appointment of Donna Boe CEMETERY COMMITTEE to serve as a member of the Friends of the APPOINTMENT Cemetery Committee, replacing Andrew Phillips whose term expired. Ms. Boe’s term will begin June 21, 2013 and will expire June 21, 2015. -FRIENDS OF THE (e) Confirm the Mayor’s reappointment of RichAnn CEMETERY COMMITTEE Beebe to continue her service as a member of REAPPOINTMENT the Friends of the Cemetery Committee. Ms. Beebe’s term will begin June 20, 2013 and will expire June 20, 2015. -HOUSING (f) Confirm the Mayor’s reappointment of Karina AUTHORITY OF Hensley to continue her service as a member POCATELLO of the Housing Authority of Pocatello. Ms. REAPPOINTMENT Hensley’s term will begin July 2, 2013 and will expire July 2, 2018. -LIBRARY BOARD (g) Confirm the Mayor’s appointment of Kathryn APPOINTMENT Way to serve as a member of the Library Board, replacing Ann Smalley whose term expired. Ms. Way’s term will begin July 2, 2013 and will expire July 1, 2018. -OPEN SPACE (h) Confirm the Mayor’s reappointment of Tari ADVISORY COMMITTEE Jensen to continue her service as a member REAPPOINTMENT of the Open Space Advisory Committee. Ms. Jensen’s term will begin July 6, 2013 and will expire July 6, 2016. -PLANNING AND (i) Confirm the Mayor’s reappointment of Steve ZONING COMMISSION Long to continue his service as a member of REAPPOINTMENT the Planning and Zoning Commission. Mr. Long’s term will begin June 21, 2013 and will expire June 21, 2017. -POCATELLO ARTS (j) Confirm the Mayor’s reappointment of Frank COUNCIL Hartlieb to continue his service as a member REAPPOINTMENT of the Pocatello Arts Council. Mr. Hartlieb’s term will begin July 2, 2013 and will expire July 2, 2016. -AGREEEMENT (k) Council was asked to authorize, subject to PRIME TIME Legal Department review, an agreement with AUCTIONS/MIDSUMMER Prime Time Auctions to provide their NIGHT FOR THE ZOO services at A Midsummer’s Night for the Zoo on July 13, 2013. This is the same service Prime Time Auctions has provided in past years for this annual Zoo event. -MOA-BANNOCK (l) Council was asked to consider a Memorandum REGULAR CITY COUNCIL MEETING 3 JUNE 20, 2013 COUNTY HISTORICAL of Agreement (MOA) with Bannock County SOCIETY Historical Society which continues a joint admission fee for visitors to both the Society’s Historical Museum and City owned Fort Hall Replica/Pocatello Junction. Museum staff will be responsible for the collections of admission fees for both facilities and remitting one-half of the admission fees collected to the City. The agreement is similar to previous agreements between the Society and the City, starting in 2011. -MOU-PROVIDE (m) Council was asked to authorize the Mayor to EMERGENCY SERVICES enter into a Memorandum of Understanding AT ISU INVOLVING (MOU) with Idaho State University (ISU) RADIATION where the City will provide police and fire services when responding to an emergency involving radioactive material on ISU campus. -RATIFICATION (n)Council was asked to ratify the execution of DEPARTMENT OF a memorandum of understanding (MOU) entered COMMERCE MOU into between the City and the Idaho Department of Commerce providing for the application, acceptance and procedures for the administration of a Business and Jobs Development Grant Fund in the amount of $77,907.00. -COUNCIL DECISION (o) Council was asked to adopt its decision to ANNEXATION AND deny a request by Paul Williams and Samantha ZONING OF 5.03 Williams to annex and zone 5.03 acres of ACRES ON THE NORTH property on the north side of Ridgewood Road SIDE OF adjacent to the west boundary of Summit RIDGEWOOD ROAD Hills Subdivision. Applicants made the request for annexation as a condition required by Bannock County in order to obtain a building permit from the County. -COUNCIL DECISION (p) Council was asked to adopt its decision to FORGIVENESS OF grant a request by Kari Peterson and Samuel PARTIAL REPAYMENT Peterson to forgive $4,379.00 of a FOR LOAN OF $15,000.00 loan from the City using CDBG FUNDS Community Development Block Grant (CDBG) funding for lot acquisition for an in-fill home. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve the items on the consent agenda. Upon roll call, those voting in favor were Moore, Nye, Brown, Cooper and Bray. AGENDA ITEM NO. 4: Mr. Bray announced there were no COMMUNICATIONS AND communications or proclamations. REGULAR CITY COUNCIL MEETING 4 JUNE 20, 2013 PROCLAMATIONS AGENDA ITEM NO. 5: Mr. Bray reminded the Council of the July CALENDAR 11th Study Session at 9:00 a.m. followed by a REVIEW Budget Meeting; and the Regular City Council meeting at 6:00 p.m., a one week delay due to the Independence Day holiday. Mr. Bray announced the Pocatello Zoo’s 81st Birthday and Bear Birthday Bash Celebration would be held from 10:00 a.m. to 1:00 p.m. on June 22nd; the 50th Anniversary of Fort Hall Replica and Idaho’s 150th Anniversary events will take place July 4th through the 6th at the Replica from 11:00 a.m. to 7:00 p.m.; the Elks Lodge 4th of July Parade would be held on July 4th; and the “Biggest Show in Idaho” fireworks display on July 4th would be held at the Bannock County Fairgrounds, with additional events taking place July 5th and 6th. Mr. Bray announced that City offices would be closed on Thursday, July 4th. However, trash and recycling collection would be on schedule. He encouraged citizens to be careful with fireworks during the 4th of July holiday and to be aware of areas where fireworks are restricted; and he reminded citizens that the Mayor’s Awards for the Arts nominations will be accepted through July 12th. AGENDA ITEM NO. 6: Mike Riley, 930 Delano, shared his feelings DISCUSSION ITEMS regarding Portneuf Medical Center and the specialized services, facilities and doctors available in the facility. He feels the Medical Center is a benefit to the community. Idaho Lorax, Pocatello citizen, shared his concerns regarding challenges to his bid to run for public office. He added he is concerned about safety of citizens and pets. Niki Taysom, Pocatello citizen, shared her feelings regarding education, founding fathers and her support for the constitution. AGENDA ITEM NO. 7: Kevin Winchester was present to appeal the TAXI LICENSE DENIAL decision of Police Department staff which APPEAL-WINCHESTER denied Mr. Winchester a taxi license. Mr. Winchester stated although he has had felony convictions in the past, he been clean and sober for 6 ½ years. He explained an injury received in 2004 has made it difficult for him to find employment. Mr. Winchester stated he was offered employment by a local taxicab company, if he could obtain a City taxi license. He presented letters of recommendation to the Council from his parole officer and acquaintances endorsing approval of his appeal. Mr. Winchester added that he is an Idaho State University student and very involved in recovery and counseling issues. REGULAR CITY COUNCIL MEETING 5 JUNE 20, 2013 Lance Lewis, Idaho State parole officer, stated he has been Mr. Winchester’s supervising parole officer for nearly 1 ½ years. He stated Mr. Winchester has been compliant with all requests, has completed treatment and is active in Alcoholics Anonymous (AA) activities and meetings. Mr. Lewis added a request to discharge Mr. Winchester from parole status has been submitted to the parole board. In response to a question from Council, Mr. Lewis stated he would feel comfortable riding with Mr. Winchester in a cab. Dave McIver, Mr. Winchester’s AA sponsor, feels Mr. Winchester has taken responsibility for his actions and strives to be a productive member of society. He added he would feel comfortable having Mr. Winchester drive his family in a taxicab. Lieutenant Paul Manning, Police Support Services Division, stated Mr. Winchester’s application was denied based upon Mr. Winchester’s long history of felony convictions, most of which were drug- related. In response to questions from Council, Mr. Winchester stated he was previously involved with methamphetamine and has now made positive changes in his life to be drug free. He added he feels his experience may benefit others and is happy to now be sober for 6 ½ years. Mr. Winchester stated he is looking forward to completing his studies at Idaho State University and continuing to be a better husband, father, grandfather and friend in the years to come. A motion was made by Mr. Moore, seconded by Mr. Cooper, to overturn the decision of the Police Department and approve Mr. Winchester’s application for a taxi license. Upon roll call, those voting in favor were Moore, Cooper, Brown, Johnston, Nye and Bray. AGENDA ITEM NO. 8: As required by the U.S. Department of PUBLIC HEARING Housing and Urban Development (HUD), this -CDBG ANNUAL REPORT time was set aside for the Council to consider any comments from the public concerning the 2012 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report. The report has been available for public review from May 28 to June 20, 2013, after review and recommendation of approval by the CDBG Advisory Committee. Following the public hearing, the Council may wish to approve the report and authorize its submittal, including a summary of any public input, to HUD on or before June 28, 2013. Council President Bray opened the public hearing. Melanie Gygli, Neighborhood and Community Services Division Manager, gave an overview of the report and accomplishments REGULAR CITY COUNCIL MEETING 6 JUNE 20, 2013 throughout the year. She stated the City and its partners leveraged over $1,000,000.00 in other funding compared to the $503,825.00 in federal funding. Ms. Gygli added contracts from the funds are mostly to small local business and totaled almost $600,000.00 to support the community’s economy, individual businesses and citizens. Ms. Gygli mentioned that no written comments had been received. In response to a question from Council, Ms. Gygli stated progress is made annually on lead based paint abatement in area homes. Niki Taysom, Pocatello citizen, stated she is opposed to the funding of many programs and feels it is unconstitutional to use government funds for programs such as CDBG. There being no further comments from the public, Council President Bray closed the public hearing. A motion was made by Mrs. Nye, seconded by Mr. Johnston, to approve the report and authorize submittal, including a summary of any public input, to HUD on or before June 28, 2013. Upon voting, those in favor were Nye, Johnston, Brown, Cooper, Moore and Bray. AGENDA ITEM NO. 9: This time was set aside for the Council to PUBLIC HEARING accept comments regarding proposed PROGRAM YEARS 2012 reallocations within the Program Years 2012 AND 2013 and 2013 Community Development Block Grant CDBG ACTION PLAN (CDBG) Annual Action Plan. These amendments AMENDMENTS were reviewed and recommended for approval by the CDBG Advisory Committee at their meeting on May 21, 2013. A 30-day written comment period began May 21, 2013 and concluded June 20, 2013. Following the public hearing, the Council may wish to approve the amendments and authorize their submission, including any public comments, to the U.S. Department of Housing and Urban Development. Council President Bray opened the public hearing. Melanie Gygli, Neighborhood and Community Services Division Manager, gave an overview of the proposed amendments. She stated the final entitlement amount of $371,835.00, is about $4,000.00 more than during Program Year 2012. Ms. Gygli stated staff and the CDBG Committee have recommended that the funds be allocated to restore Pocatello Neighborhood Housing Services to the amount originally requested, increase the amount for the City’s program and administration and allocate the remainder to the City’s sidewalk repair program. Ms. Gygli mentioned that no written comments had been received. Mike Riley, 930 Delano, spoke in favor of the proposed amendments. He feels the programs enhance the lives of citizens and makes the REGULAR CITY COUNCIL MEETING 7 JUNE 20, 2013 community stronger. Niki Taysom, Pocatello citizen, stated she is opposed to the funding of many programs and feels it is unconstitutional to use government funds for programs such as CDBG. There being no further comments from the public, Council President Bray closed the public hearing. A motion was made by Mrs. Nye, seconded by Mr. Moore, to approve the amendments and authorize their submission, including any public comments, to HUD. Upon roll call, those voting in favor were Nye, Moore, Brown, Cooper, Johnston and Bray. AGENDA ITEM NO. 10: This time was set aside for the Council to PUBLIC HEARING receive comments from the public concerning -2001 BIRDIE a request by PARS Holdings, LC, represented THOMPSON DRIVE by Kevin Allcott (mailing address: 533 West REZONE 2600 South No. 275, Bountiful, Utah 84010) to rezone approximately 6.35 acres from Residential Low Density (RL) to Residential High Density (RH). The subject property is located at 2001 Birdie Thompson Drive for proposed development of a multi-family housing complex. The underlying Comprehensive Plan designation for the property is “Residential.” The Planning and Zoning Commission recommended approval of the request at their meeting on May 22, 2013. President Bray opened the public hearing. Kevin Alcott gave an overview of the history on the property and the existing structures. He explained a portion of the planned apartment buildings and the entire planned parking lot were constructed in 2008. Mr. Alcott stated that due to changes in the economy and housing demands, remaining planned structures were not constructed at that time. He added that in order to build additional units, the property must be rezoned from Residential Low Density to Residential High Density. Dave Foster, Associate Planner, stated the proposed rezone of the property would reflect the multifamily use of the property. He added that one inquiry phone call was received prior to the Planning and Zoning Commission meeting. Mike Riley, 930 Delano, spoke uncommitted to the proposal and asked how the applicant feels the development would benefit the community. Niki Taysom, Pocatello citizen, shared her concerns that all residents who may be affected by the rezone were made aware of the REGULAR CITY COUNCIL MEETING 8 JUNE 20, 2013 request. Mr. Alcott explained that the 215 stall parking lot was constructed during the time of construction of the first set of apartments. He added that the location of the development is very close to Portneuf Medical Center, Idaho State University and ON Semiconductor, making the development very attractive to students and professionals. There being no further comments from the public, President Bray closed the public hearing. A motion was made by Mr. Johnston, seconded by Mr. Moore, to approve a request by PARS Holdings, LC, to rezone approximately 6.35 acres from Residential Low Density (RL) to Residential High Density (RH) for the subject property located at 2001 Birdie Thompson Drive, subject to Legal Department review. Upon roll call, those voting in favor were Johnston, Moore, Brown, Cooper, Nye and Bray. AGENDA ITEM NO. 11: Council was asked to consider a request by AMENDMENT REQUEST Kenneth Swisher, Scott Turner and Janet -GREENWAY Turner (mailing address: PO Box 935, OFFICE PARK Pocatello ID 83204) to have two conditions amended on the Greenway Office Park Planned Unit Development. The two conditions are pertaining to completion of the curb, gutter, sidewalk and landscaping adjacent to lots 1, 2 and 3. Scott Turner, 3265 Birchway, gave an overview of the Planned Unit Development (PUD) as approved in 1996. He explained the property owners are requesting that installation of curb, gutter, sidewalk and landscaping for each lot, as well as the landscaping of the common areas, be developed and landscaped as each individual lot is sold and developed. Mr. Turner explained that additional costs associated with those improvements could be cost prohibitive for further development. In response to a question from Council, Mr. Turner stated the property owners are comfortable with the conditions listed and have already completed condition No. 2 and No. 3, as listed. A motion was made by Mr. Moore, seconded by Mr. Johnston, to approve the request by Kenneth Swisher, Scott Turner and Janet Turner to have conditions A and H amended on the Greenway Office Park Planned Unit Development and that the following conditions shall apply: 1) conditions A and H of those recommendations of the Community Development Commission adopted June 26, 1996, and incorporated into Resolution #1996-14 on August 15, 1996 be amended as follows: A) Curb, gutter and sidewalk, and the front twenty-five REGULAR CITY COUNCIL MEETING 9 JUNE 20, 2013 (25) feet landscape section adjacent to Lot 1 shall be installed concurrently with the development of Lot 1, but not later than the time a certificate of occupancy is issued for Lot 1, in accordance with the conditions adopted by City Council in Resolution #1996-14 for the development of the Greenway Office Park Planned Unit Development. Plans and permits for said improvements shall be approved by the City of Pocatello; H) the landscaping of the common areas will be developed as the Office Park is developed. More particularly, the common areas adjacent to the northwesterly boundaries of Lots 1, 2 and 3 as depicted on the map provided by City staff included in City Council packets numbered Agenda Item 11 Attachment “D”, shall be developed and landscaped by each individual lot owner, in accordance with the conditions adopted by Resolution #1996-14 and the Declaration of Covenants, Conditions and Restrictions for the Greenway Office Park, concurrently with the development of each of said individual lots, but not later than the time a certificate of occupancy is issued for each of said lots; 2) the remaining Conditions of those recommendations of the Community Development Commission adopted June 26, 1996, and incorporated into Resolution #1996-14 on August 15, 1996, and as amended by Resolution #2000-01 on February 3, 2000, shall remain in full force and effect; and 3) the authorized agents of the Greenway Office park Planned Unit Development execute a receipt and acknowledgement of the terms and conditions for the development of the Greenway Office Park and that the decision be set out in the appropriate format. Upon roll call, those voting in favor were Moore, Johnston, Brown, Cooper, Nye and Bray. AGENDA ITEM NO. 12: Council was asked to authorize the purchase AUTHORIZATION TO of an approximately 33.80-acre parcel of PURCHASE LAND land for open space purposes located at the –LUPINE DRIVE end of Lupine Drive as discussed at an earlier Executive Session. Purchase of the land will come out of Fund 995 which may be used for a variety of community development projects including purchasing land for open space. Council was also asked to authorize the Mayor to sign all required documents, subject to Legal Department review. A motion was made by Mrs. Nye, seconded by Mr. Moore, to authorize the purchase of an approximately 33.80-acre parcel of land for open space purposes located at the end of Lupine Drive as discussed at an earlier Executive Session and authorize the Mayor to sign all required documents, subject to Legal Department review. Upon roll call, those voting in favor were Nye, Moore, Brown, Cooper, Johnston and Bray. AGENDA ITEM NO. 13: Council was asked to consider the BID/CONTRACT recommendation of staff for the following REGULAR CITY COUNCIL MEETING 10 JUNE 20, 2013 -REGIONAL TRANSIT requests regarding the Regional Transit FACILITY PROJECT Facility Project: -BID (a) Accept the bid received on June 6, 2013 ACCEPTANCE from Starr Corporation, (810 West Alameda STARR CORPORATION Road, Pocatello ID) who submitted the lowest responsive bid in the amount of $4,338,000.00 and, if the bid is accepted; -CONTRACT (b) Authorize the execution of a contract STARR CORPORATION between the City of Pocatello and Starr Corporation, in the amount of $4,338,000.00 for the Regional Transit Facility Project, subject to Legal Department review. A motion was made by Mr. Moore, seconded by Mrs. Nye, to accept the bid received on June 6, 2013 from Starr Corporation in the amount of $4,338,000.00 and authorize the execution of a contract with Starr Corporation, in the amount of $4,338,000.00 for the Regional Transit Facility Project, subject to Legal Department review. Upon roll call, those voting in favor were Moore, Nye, Brown, Johnston and Bray. Mr. Cooper voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 14: Council was asked to consider a request from “COUNCIL SELECT” Bannock County Bluegrass Festival, FUNDING REQUEST represented by Ken Elder (mailing address: BLUEGRASS FESTIVAL 5707 Moses, Chubbuck ID 83202) that “Council Select” funds in the amount of $250.00 be used to assist with Fairground rental, posters, and flyers in connection with the 10th Annual Bluegrass Festival to be held August 23 through 25, 2013. (As of June 14, 2013 $2,250.00 remained in the “Council Select” fund.) Ken Elder gave an overview of the activities that are being planned in conjunction with the Bluegrass Festival. He invited the Council to attend the three day festival and listen to nine bands scheduled to perform. A motion was made by Mr. Johnston, seconded by Mr. Moore, to approve the request to use “Council Select” funds in the amount of $200.00 for expenses in connection with the 10th Annual Bluegrass Festival to be held August 23 through 25, 2013. Upon roll call, those voting in favor were Johnston, Moore, Brown, Cooper, Nye and Bray. AGENDA ITEM NO. 15: Council was asked to consider a request from “COUNCIL SELECT” The Biggest Show In Idaho, LLC, that FUNDING REQUEST “Council Select” funds in the amount of REGULAR CITY COUNCIL MEETING 11 JUNE 20, 2013 THE BIGGEST SHOW $250.00 be used to assist with sanitation IN IDAHO, LLC and table rental fees associated with the events planned for July 4, 5 and 6, 2013 at the Bannock County Fairgrounds. (As of June 14, 2013 $2,250.00 remained in the “Council Select” fund.) In response to questions from Council, Loren Azzola, 326 Raven Avenue, gave an overview of the activities planned during the three-day “Biggest Show” event. He stated many activities will be free and it will be a family-friendly event. A motion was made by Mr. Brown, seconded by Mrs. Nye, to approve the request to use “Council Select” funds in the amount of $250.00 to assist with sanitation and table rental fees associated with The Biggest Show In Idaho events planned for July 4, 5 and 6, 2013 at the Bannock County Fairgrounds. Upon roll call, those voting in favor were Brown, Nye, Cooper, Johnston, Moore and Bray. AGENDA ITEM NO. 16: Council was asked to consider granting a BEER/WINE PERMIT beer/wine permit to Carol Burnett for a APPLICATION-BURNETT wedding ceremony in Memorial Park on July 13, 2013 from 6:00 p.m. to 10:00 p.m. Mrs. Burnett has reserved the park that afternoon and has submitted an application to the City to allow the consumption of beer and wine at their event. Approval by Council is necessary since Memorial Park is not specifically identified in City Code 12.36.060 as a park where the consumption of such beverages is allowed. A motion was made by Mr. Moore, seconded by Mr. Cooper, to grant a beer/wine permit to Carol Burnett for a wedding ceremony in Memorial Park on July 13, 2013 from 6:00 p.m. to 10:00 p.m. Upon roll call, those voting in favor were Moore, Cooper, Brown, Johnston, Nye and Bray. AGENDA ITEM NO. 17: Council was asked to consider granting EXCEPTION REQUESTS exceptions to City Ordinances to allow -IDAHO 150 AND certain activities as part of the Idaho 150 FORT HALL REPLICA (“Greatest Show in Idaho”) and Fort Hall COMMISSION Replica 50th Anniversary celebrations to CELEBRATIONS occur at the Fort Hall Replica complex on July 4, 5 and 6, 2013. The following exceptions are requested: -VENDOR SALES (a) Ordinance 5.06.020 to allow vendor sales; -OVERNIGHT (b) Ordinance 12.36.020 to allow overnight CAMPING camping; and -DISCHARGE OF (c) Ordinance 9.32.020 to allow the discharge of WEAPONS weapons (blanks and wads only). REGULAR CITY COUNCIL MEETING 12 JUNE 20, 2013 A motion was made by Mr. Johnston, seconded by Mr. Moore, to grant the following exceptions to City Ordinances to allow certain activities as part of the Idaho 150 (“Greatest Show in Idaho”) and Fort Hall Replica 50th Anniversary celebrations to occur at the Fort Hall Replica complex on July 4, 5 and 6, 2013: a) Ordinance 5.06.020 to allow vendor sales; b) Ordinance 12.36.020 to allow overnight camping; and c) Ordinance 9.32.020 to allow the discharge of weapons (blanks and wads only) subject to Legal Department review. Upon roll call, those voting in favor were Johnston, Moore, Brown, Cooper, Nye and Bray. AGENDA ITEM NO. 18: Council as asked to approve submission of GRANT the following grants and, if awarded, APPLICATIONS authorize the Mayor to sign, subject to Legal Department review, documents related to the following grants: -US BANKCORP (a) Authorize the Zoological Society to apply GRANT-ZOO for a grant from US Bancorp in the amount of $5,000.00. The grant will help fund Outreach and Onsite programs at the Pocatello Zoo; and -IDAHO FISH (b) An application for Idaho Fish and Wildlife AND WILDLIFE Foundation funds in the amount of $2,500.00 FOUNDATION-ZOO for interpretive signs at the Pocatello Zoo. Matching funds include in-kind labor and supervision; sign mounting materials; and a pending Idaho Community Foundation grant in the amount of $4,995.00 for the rest of the project exhibit interpretive signs. A motion was made by Mr. Cooper, seconded by Mr. Moore, to approve submission of the following grants and, if awarded, authorize the Mayor to sign, subject to Legal Department review, documents related to the grants: a) Authorize the Zoological Society to apply for a grant from US Bancorp in the amount of $5,000.00 to help fund Outreach and Onsite programs at the Pocatello Zoo; and b) an application for Idaho Fish and Wildlife Foundation funds in the amount of $2,500.00 for interpretive signs at the Pocatello Zoo. Upon roll call, those voting in favor were Cooper, Moore, Brown, Johnston, Nye and Bray. AGENDA ITEM NO. 19: Council was asked to consider waiving City WAIVER REQUESTS ordinances to allow the Pocatello Zoological –POCATELLO Society to assist with the fundraising ZOOLOGICAL event, the 10th Annual A Midsummer’s Night SOCIETY for the Zoo, on July 13, 2013 at the Outdoor Amphitheater area behind the Fort hall Replica. The Society is requesting a waiver to allow them to sell beer and wine until 10:00 p.m. and permission to stay in the area until midnight to clean-up after the event. One of the items that REGULAR CITY COUNCIL MEETING 13 JUNE 20, 2013 will be auctioned is an after-hours dinner at the Zoo. The date of the event will be picked by the individual who wins the auction. The Society would like permission to serve beer and wine, if the winner so chooses, and have the event in the park after hours. Guidelines for the dinner will be set by the Parks and Recreation Director and Zoo Superintendent. A motion was made by Mrs. Nye, seconded by Mr. Brown, to approve the request to waive City ordinances to allow the sale of beer and wine for the Midsummer’s Night for the Zoo event on July 13, 2014, by the Pocatello Zoological Society and allow Society members to remain in the area until 12:00 a.m. to clean-up after the event and allow the winner of the dinner auction item to have the option to consume beer and/or wine with dinner, and have the dinner in the park after hours with the condition that the guidelines for the dinner will be set by the Parks and Recreation Director and Zoo Superintendent. Upon roll call, those voting in favor were Nye, Brown, Cooper, Johnston, Moore and Bray. AGENDA ITEM NO. 20: Council was asked to authorize the Mayor to LOCAL PROFESSIONAL sign a Local Professional Services Agreement SERVICE AGREEMENT between HDR Engineering, Inc., and the City –PHASE 1A of Pocatello for engineering services during CONSTRUCTION OF Phase 1A construction of the South Valley SOUTH VALLEY Connector Project, subject to Legal CONNECTOR PROJECT Department review, for an amount not to exceed $30,300.00. The City has already paid the local match for Phase 1A construction which was reimbursed by the Pocatello Development Authority. A motion was made by Mr. Moore, seconded by Mr. Brown, to authorize the Mayor to sign a Local Professional Services Agreement with HDR Engineering, Inc. for engineering services during Phase 1A construction of the South Valley Connector Project, subject to Legal Department review, for an amount not to exceed $30,300.00. Upon roll call, those voting in favor were Moore, Brown, Bray, Cooper, Johnston and Nye. AGENDA ITEM NO. 21: Council was asked to consider approving a RESOLUTION resolution authorizing the use of the City’s -AUTHORIZING USE power of eminent domain to acquire privately OF POWER OF owned real property necessary to the EMINENT DOMAIN development and construction of a public –SOUTH VALLEY right-of-way and associated drainage for the CONNECTOR PROJECT South Valley Connector project in those instances where negotiations for purchase are unsuccessful. REGULAR CITY COUNCIL MEETING 14 JUNE 20, 2013 A motion was made by Mrs. Nye, seconded by Mr. Brown, to approve a resolution (2013-07) authorizing the use of the City’s power of eminent domain to acquire privately owned real property necessary to the development and construction of a public right-of-way and associated drainage for the South Valley Connector project in those instances where negotiations for purchase are unsuccessful. In response to a question from Council, Deirdre Castillo, City Engineer, stated a majority of the parcels necessary for the completion of the project have been acquired through successful negotiations. She added that the resolution is necessary in case negotiations for purchase are unsuccessful. 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. AGENDA ITEM NO. 22: Council was asked to adopt two resolutions RESOLUTIONS as follows: -PROHIBITING THE DISCHARGE OF FIREWORKS AND PROHIBITING OPEN FIRES PROHIBITING (a) A resolution prohibiting the discharge of DISCHARGE OF fireworks within the boundaries of the FIREWORKS Wildland Urban Interface areas within City limits from June 28, 2013 through July 6, 2013; and PROHIBITING (b) A resolution prohibiting burning open fires BURNING within the boundaries of the Wildland Urban OPEN FIRES Interface areas within City limits until October 1, 2013 at the recommendation of the Fire Chief and upon proclamation by the Mayor. A motion was made by Mr. Johnston, seconded by Mr. Brown, to approve Agenda Item No. 22(a) and adopt a resolution (2013-08) prohibiting the discharge of fireworks within the boundaries of the Wildland Urban Interface areas within city limits from June 28, 2013 through July 6, 2013 and approve Agenda Item No. 22(b) and adopt a resolution (2013-09) prohibiting burning open fires within the boundaries of the Wildland Urban Interface areas within City limits until October 1, 2013 at the recommendation of the Fire Chief and upon proclamation by the Mayor. Upon roll call, those voting in favor were Johnston, Brown, Cooper, Moore, Nye and Bray. REGULAR CITY COUNCIL MEETING 15 JUNE 20, 2013 AGENDA ITEM NO. 23: Council was asked to approve passage of an ORDINANCE ordinance repealing Chapter 5.32 Massage REPEAL MASSAGE Therapy Licensing of the Pocatello Municipal THERAPY LICENSING Code, in order to comply with Idaho Code Chapter 40, Title 54 which preempts all local regulation of massage therapist licensure effective July 1, 2013. A motion was made by Mrs. Nye, seconded by Mr. Moore, that the ordinance, Agenda Item 23, 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 Nye, Moore, Brown, Cooper, Johnston and Bray. Rich Diehl, Deputy Attorney, read the ordinance by title. Council President Bray declared the final reading of the ordinance repealing Chapter 5.32 Massage Therapy Licensing of the Pocatello Municipal Code, in order to comply with Idaho Code Chapter 40, Title 54 which preempts all local regulation of massage therapist licensure effective July 1, 2013. Mr. Bray asked, “Shall the ordinance pass?” Upon roll call, those voting in favor were Brown, Cooper, Johnston, Moore, Nye and Bray. Mr. Bray declared the ordinance and summary sheet passed, that it be numbered 2922 and be submitted to the Idaho State Journal for publication. There being no further business, Council President Bray adjourned the meeting at 7:35 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK REGULAR CITY COUNCIL MEETING 16 JUNE 20, 2013 PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK