City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING JULY 11, 2013 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, Jim Johnston, Gary Moore and Eva Johnson Nye. No motions, resolutions, orders, or ordinances were proposed. No vote was taken. REGULAR CITY COUNCIL MEETING AGENDA ITEM NO. 1: The Regular City Council meeting was called ROLL CALL AND to order at 6:05 p.m. by Mayor Brian Blad. PLEDGE OF Council members present were Steve Brown, ALLEGIANCE Craig Cooper, Jim Johnston, Gary Moore and Eva Johnson Nye. Council member Roger Bray arrived at 6:09 p.m. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was given by Gina Liftawi, INVOCATION a Pocatello citizen. Council member Roger Bray arrived at this time. 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 Center Street Open House of May 20, 2013; Executive Sessions of June 6 and June 13, 2013; Study Session of June 13, 2013; and Budget Development meetings of June 6 and June 13, 2013. -PAYROLL AND (b) Payroll and material claims for the month of MATERIAL CLAIMS June 2013 in the amount of $5,176,735.34. -COMMUNITY (c) Confirm the Mayor’s appointment of Roger DEVELOPMENT Frey to serve as a member of the CDBG BLOCK GRANT Advisory Committee, filling a long-term (CDBG) ADVISORY vacancy. Mr. Frey’s term will begin July COMMITTEE APPOINTMENT 12, 2013 and will expire January 1, 2016. -FRIENDS OF THE (d) Confirm the Mayor’s appointment of Rosemary CEMETERY Scholes to serve as a member of the Friends COMMITTEE of the Cemetery Committee, replacing Stefani APPOINTMENT Herridge who resigned. Ms. Scholes’ term will begin July 12, 2013 and will expire February 4, 2014. REGULAR CITY COUNCIL MEETING 2 JULY 11, 2013 -PLANNING AND (e) Confirm the Mayor’s appointment of Ryan ZONING COMMISSION Loveland to serve as a member of the APPOINTMENT Planning and Zoning Commission, filling a long-term vacancy. Mr. Loveland’s term will begin July 12, 2013 and will expire July 12, 2017. -RATIFICATION (f) Council was asked to ratify a Service OF 100 GEAR UP Agreement between the State of Idaho SERVICE Department of Education and City of AGREEMENT-ZOO Pocatello for educational programs that took place on June 28, 2013 at the Zoo. -RATIFICATION (g)Council was asked to ratify a Memorandum of OF MOU FOR 2013 Understanding (MOU) between the Police BYRNE JUSTICE Department and the Bannock County Sheriff’s ASSISTANCE Office regarding the 2013 Edward Byrne GRANT-POLICE Memorial Justice Assistance Grant. This is an annual allocation which Bannock County will administer. The Police Department has been allocated $16,623.00 which would be used for equipment to enhance the department’s traffic safety, emergency response and preparedness programs. -COUNCIL DECISION (h) Council was asked to adopt the Council’s ZONING DESIGNATION decision to approve the amendment of the AMENDMENT FOR zoning designation of 3100 Birdie Thompson 2100 BIRDIE Drive from Residential Low Density to THOMPSON DRIVE Residential High Density. 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, Bray, Brown, Cooper and Johnston. AGENDA ITEM NO. 4: Mayor Blad announced there were no COMMUNICATIONS communications or proclamations. AND PROCLAMATIONS AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the July CALENDAR REVIEW 18th Regular Council meeting at 6:00 p.m. and the August 1st Regular Council meeting at 6:00 p.m. Mayor Blad announced that the Relay for Life event would be held July 12th and 13th at Century High School; A Mid Summer’s Night for the Zoo event will take place on July 13th from 6:00 p.m. to 9:30 p.m.; a Superhero Trivia-Geek Trivia contest hosted by Marshall Public Library would be held at CoHo Coffee House on July 13th at 2:30 p.m.; the Southeast Idaho Senior Games would continue through July 13th; Splash Dances will be held at the Ross Park Aquatic Complex from 9:00 p.m. to 11:00 p.m. on July 11th, 18th, 25th and REGULAR CITY COUNCIL MEETING 3 JULY 11, 2013 August 1st; and nominations for Mayor’s Awards for the Arts are due July 12th. AGENDA ITEM NO. 6: Niki Taysom, 4604 Burley Drive, shared her DISCUSSION ITEMS concerns regarding the eminent domain FROM THE AUDIENCE process in regards to the South Valley Road project. Mayor Blad clarified that eminent domain procedures are lawful and assured Ms. Taysom that property acquisition would not displace any citizens from their homes. Idaho Lorax, Pocatello resident, shared his concerns regarding his bid for public office, weather formations in southeast Idaho and possible contaminants in the air. AGENDA ITEM NO. 7: This time was set aside for the Council to PUBLIC HEARING receive comments from the public regarding a -REZONE PROPERTY request for rezone by the City of Pocatello LOCATED AT 3000 (mailing address: PO Box 4169, Pocatello, ID AND 3100 AVENUE 83205). The request is to rezone the OF THE CHIEFS TO property at 3000 and 3100 Avenue of the PUBLIC LANDS Chiefs from Residential Medium Density FACILITIES Single Family to Public Land/Facilities. The property is currently developed with the Animal Shelter and Bannock County Historical Museum. A public hearing was held before the Planning and Zoning Commission on June 12, 2013 where they recommended approval of the request. Mayor Blad opened the public hearing. Dave Foster, Associate Planner, gave an overview of the proposed zoning changes. He clarified the addresses were 3000 and 3100 Avenue of the Chiefs, rather than 3000 and 3001, as was advertised before the Planning and Zoning Commission public hearing. Mr. Foster added that no written comments had been received. There being no public comments, Mayor Blad closed the public hearing. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve a request to rezone the property at 3000 and 3100 Avenue of the Chiefs from Residential Medium Density Single Family to Public Land/Facilities and that the decision be set out in the appropriate Council Decision format. Upon roll call, those voting in favor were Moore, Nye, Bray, Brown, Cooper and Johnston. REGULAR CITY COUNCIL MEETING 4 JULY 11, 2013 AGENDA ITEM NO. 8: This time was set aside for the Council to PUBLIC HEARING receive comments from the public regarding a -REZONE PROPERTY request by the City of Pocatello (mailing LOCATED AT 3100 address: PO Box 4169, Pocatello, ID 83205) AVENUE OF THE to build a new animal shelter at 3100 Avenue CHIEFS TO PROPERTY of the Chiefs. A requirement for WITHIN PLF ZONING modifications to properties within Public DISTRICT Lands/Facilities (PLF) zoning district is a public hearing before the City Council A public hearing was held before the Planning and Zoning Commission on June 12, 2013 where they recommended approval of the request. Mayor Blad opened the public hearing. Dave Foster, Associate Planner, gave an overview of the proposal and clarified that the request is for a proposed modification for use of the property to construct an Animal Shelter and not a rezone. He also clarified the address was 3100 Avenue of the Chiefs, rather than 3001, as was advertised before the Planning and Zoning Commission public hearing. Mr. Foster added that no written comments had been received. Niki Taysom, 4604 Burley Drive, Chubbuck, spoke in opposition to the proposed zoning change. She feels other structures could have been used for the project. There being no further public comments, Mayor Blad closed the public hearing. A motion was made by Mrs. Nye, seconded by Mr. Johnston, to approve the request to build a new animal shelter at 3100 Avenue of the Chiefs and that the decision be set out in the appropriate Council Decision format. Upon roll call, those voting in favor were Nye, Johnston, Bray, Brown, Cooper and Moore. AGENDA ITEM NO. 9: Council was asked to consider a request by GREENFIELD MEADOWS Ryan Satterfield of Satterfield Realty and SUBDIVISION, DIVISION Development (mailing address: 2432 Andrew NO. 2-FINAL PLAT Street, Pocatello ID 83201), represented by Rocky Mountain Engineering and Surveying (mailing address: 2043 East Center Street, Pocatello ID 83201), to subdivide approximately 6.73 acres of land into 18 residential lots located east of Satterfield Drive on an extension of Andrew, Richard, William and Trevor streets. The property is located within a Residential Low Density zoning district and is to be known as Greenfield Meadows Subdivision, Division No. 2. A motion was made by Mr. Moore, seconded by Mr. Bray, to approve a request by Ryan Satterfield to subdivide approximately 6.73 acres REGULAR CITY COUNCIL MEETING 5 JULY 11, 2013 of land into 18 residential lots located east of Satterfield Drive on an extension of Andrew, Richard, William and Trevor streets to be known as Greenfield Meadows Division 2, subject to staff conditions and that the decision be set out in the appropriate Council Decision format. Upon roll call, those voting in favor were Moore, Bray, Brown, Cooper, Johnston and Nye. AGENDA ITEM NO. 10: Council was asked to adopt a resolution RESOLUTION designating an urban renewal area and -ESTABLISHING revenue allocation area district within the ALAMEDA PLAZA City to be known as the Alameda Plaza Urban URBAN RENEWAL AREA Renewal Area; requesting that the Pocatello AND REVENUE Developmental Authority review the area and ALLOCATION AREA develop a plan for its improvement, and that DISTRICT the Planning and Zoning Commission review the plan and return recommendations regarding the plan to the City Council for consideration. Mayor Blad clarified that the Urban Renewal Area is the only issue to be addressed at this time, and that the Revenue Allocation Area District would not be considered at this meeting. Mr. Brown shared his concerns regarding the proposal and looks forward to discussion before setting boundaries for the area. A motion was made by Mr. Moore, seconded by Mr. Cooper, to adopt a resolution (2013-10) designating an urban renewal area within the City to be known as the Alameda Plaza Urban Renewal Area and that the Pocatello Developmental Authority review the area and develop a plan for its improvement and that the Planning and Zoning Commission review the plan and return recommendations regarding the plan to the City Council for consideration. Upon roll call, those voting in favor were Moore, Cooper, Bray, Brown, Johnston and Nye. AGENDA ITEM NO. 11: Council was asked to adopt a resolution RESOLUTION rescinding Resolution 1992-35 which provided -RESCINDING that owners of properties adjacent to or in RESOLUTION 1992-35 close proximity to LID No. 110 (in the South FOR LID NO. 110 Bannock Highway/South Grant area) and who desired to connect to City sewer pay a special sewer connection fee. This LID is in excess of twenty (20) years old and all assessments within the LID boundaries have been paid. A motion was made by Mr. Bray, seconded by Mr. Cooper, to adopt a resolution (2013-11) rescinding Resolution 1992-35 which provided that owners of properties adjacent to or in close proximity to LID No. 110 (in the South Bannock Highway/South Grant area) and who desired to connect to City sewer pay a special sewer connection REGULAR CITY COUNCIL MEETING 6 JULY 11, 2013 fee. Upon roll call, those voting in favor were Bray, Cooper, Brown, Johnston, Moore and Nye. AGENDA ITEM NO. 12: Council was asked to consider the BID/CONTRACT recommendations of staff for the following -AIRPORT TAXILANE requests regarding the Airport Taxilane “A” “A” RECONSTRUCTION Reconstruction project. PROJECT -BID a) Accept the bid from Mickelsen Construction, MICKELSEN Inc., who submitted the lowest bid in the CONSTRUCTION, INC. amount of $210,706.25 and, if the bid is accepted; -AGREEMENT b) Authorize the execution of a Construction MICKELSEN Agreement between the City of Pocatello and CONSTRUCTION, INC. Mickelsen Construction, Inc., in the amount of $210,706.25, subject to Legal Department review. This project will be funded 93.75% by FAA grant funds and 6.25% by airport passenger facility charge funds. A motion was made by Mr. Bray, and seconded by Mrs. Nye, to accept the bid from Mickelsen Construction, Inc., in the amount of $210,706.25 and authorize the execution of the Construction Agreement with Mickelsen Construction, Inc., in the amount of $210,706.25, subject to Legal Department review. Upon roll call, those voting in favor were Bray, Nye, Brown, Cooper, Johnston and Moore. AGENDA ITEM NO. 13: Council was asked to consider a request by “COUNCIL SELECT” the Sagebrush Arts Festival, represented by FUNDING REQUEST Karen Vargason (mailing address: 44 SAGEBRUSH ARTS Valleyview Drive, Pocatello ID 83204) that FESTIVAL “Council Select” funds in the amount of $256.00 be used for table transportation and rental fees for the Arts Festival that will be held September 13, 14 and 15, 2013. (As of July 5, 2013 there was $1,800.00 in the “Council Select” line item. Karen Vargason, 44 Valleyview Drive, announced the annual festival would be held at Idaho State University and encouraged the public to attend the event. A motion was made by Mrs. Nye, seconded by Mr. Moore, to approve a request by the Sagebrush Arts Festival, that “Council Select” funds in the amount of $256.00 be used for table transportation and rental fees for the Arts Festival to be held September 13, 14 and 15, 2013. REGULAR CITY COUNCIL MEETING 7 JULY 11, 2013 AGENDA ITEM NO. 14: Council was asked to consider a request by STANDROD TRUST Planning and Development Services to use FUNDS-CHIEF THEATER Standrod Trust funds for the following SIGN AND BRADY projects: CHAPEL CHIEF THEATER a) Rehabilitation of the Chief Theater Sign SIGN REHABILITATION with costs not to exceed $110,000.00; and BRADY CHAPEL b) Repair various areas of the Brady Chapel REPAIRS with costs not to exceed $35,000.00. At their meeting on June 19, 2013 the Historic Preservation Commission recommended approval to use Standrod Trust funds to complete the projects. Jerry Myers, 635 South 7th Avenue, stated that he serves on the Historic Preservation Committee (HPC) and gave an overview of the proposed rehabilitation and repair projects and distributed photographic representations to Council members. He stated in response to a community survey, the HPC found that 16 signs were deemed historic and iconic to businesses and the community. Mr. Myers explained that a volunteer “Relight the Night” committee was formed to spearhead fundraising efforts to restore historic neon signs. He added that the committee concluded that the Chief Theater sign was the most prominent and was designated to be the first of those signs to be rehabilitated. Mr. Myers gave an overview of the Standrod House trust and stated that funds in that trust were designated to be used for historical preservation purposes. He added that restoration of the pinnacles on top of the Brady Chapel and efforts to protect stained glass windows at the Chapel are also proposed restoration projects. In response to questions from Council, Mr. Myers stated it is the intent to have the signs restored with LED lights for energy efficiency and that the lights would be connected to a timer and the City street light system. In response to questions from Council, Randy Dixon, a member of the Historic Preservation Commission, stated that members of the Shoshone Bannock tribe did not express objection to the proposed project. He added that it was unclear if the Chief Theater was named for Chief Pocatello or if the Chief Theater sign was constructed in the image of Chief Pocatello, as there are no images of Chief Pocatello in existence. Mayor Blad added that it is the intent to have the Chief Theater sign relighting ceremony during the Night Lights Parade in Old Town on the day after Thanksgiving of this year. REGULAR CITY COUNCIL MEETING 8 JULY 11, 2013 A motion was made by Mr. Johnston, seconded by Mr. Moore, to approve a request by Planning and Development Services to use Standrod Trust funds in an amount not to exceed $110,000.00 for rehabilitation of the Chief Theater sign; and an amount not to exceed $35,000.00 for repairs of the Brady Chapel. Upon roll call, those voting in favor were Johnston, Moore, Bray, Brown, Cooper and Nye. AGENDA ITEM NO. 15: Council was asked to consider the following AGREEMENTS agreements regarding City of Pocatello -EMPLOYEE BENEFITS employee benefits: DELTA DENTAL a) Provide dental insurance coverage to City employees for the 2014 fiscal year. The renewal agreement reflects a 5 percent increase in dental insurance rates; BUSINESS b) Provide employee assistance program (EAP) PSYCHOLOGY services for City of Pocatello employees. ASSOCIATES The renewal agreement reflects a 4.9 percent increase; BLUE CROSS c) Provide medical insurance coverage to City OF IDAHO employees for the 2014 fiscal year. The renewal agreement reflects elimination of the low deductible plan and a 4.9 percent increase in medical insurance rates; and VISION SERVICE d) Provide vision insurance coverage to City PLAN employees for the 2014 fiscal year. The renewal agreement reflects there is no increase in vision insurance rates. A motion was made by Mr. Bray, seconded by Mr. Brown, to approve agenda items 15(a) through 15(d). Upon roll call, those voting in favor were Bray, Brown, Cooper, Johnston, Moore and Nye. AGENDA ITEM NO. 16: Council was asked to approve and authorize MORETON AND execution of a proposed Agreement with COMPANY AGREEMENT Moreton and Company, the City’s worker’s FOR CITY’S compensation self-insurance “agent.” The WORKER’S prorated term of May 21, 2013 to December COMPENSATION 31, 2013 will be a cost of $18,387.10 which SELF-INSURANCE is within budgeted amounts. This proration term is necessary to enter into an annual period each year thereafter from January to December. Fees for succeeding years may be negotiated annually. A motion was made by Mr. Bray, seconded by Mr. Cooper, to approve and authorize execution of a proposed Agreement with Moreton and REGULAR CITY COUNCIL MEETING 9 JULY 11, 2013 Company, the City’s worker’s compensation self-insurance “agent” and that the prorated term of May 21, 2013 to December 31, 2013 will be a cost of $18,387.10. Upon roll call, those voting in favor were Bray, Cooper, Brown, Johnston, Moore and Nye. AGENDA ITEM NO. 17: Council was asked to authorize the Mayor to LEASE AGREEMENT sign a lease agreement between the City and FOR CHINESE PEAK Bureau of Land Management (BLM) authorizing COMMUNICATIONS SITE the City to use Lot 9 of Chinese Peak for a –POLICE communications site. There is no lease payment to use the site but there is an annual $250.00 road maintenance fee payable to the BLM. The cost for the fee is included in the Police Department budget. A motion was made by Mr. Moore, seconded by Mrs. Nye, to authorize the Mayor to sign a lease agreement with the Bureau of Land Management (BLM) authorizing the City to use Lot 9 of Chinese Peak for a communications site and that there will be an annual $250.00 road maintenance fee payable to the BLM. Upon roll call, those voting in favor were Moore, Nye, Bray, Brown, Cooper and Johnston. AGENDA ITEM NO. 18: Council was asked to consider the MATERIAL TESTING recommendations of staff and authorize FOR THE POCATELLO execution of an Agreement between Strata and REGIONAL TRANSIT the City of Pocatello in an amount not to FACILITY-STRATA exceed $7,325.00 to perform material sampling and testing services for Pocatello Regional Transit Facility Projects. Strata’s proposal appeared to be the most economical and best fit for this project. A motion was made by Mr. Bray, seconded by Mr. Johnston, to authorize execution of an Agreement with Strata in an amount not to exceed $7,325.00 to perform material sampling and testing services for Pocatello Regional Transit Facility Projects. Upon roll call, those voting in favor were Bray, Johnston, Brown, Moore and Nye. Mr. Cooper voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 19: Council was asked to approve, subject to IDAHO POWER Legal Department review, a utility easement EASEMENT-HIGHLAND at the Highland Golf Course for Idaho Power GOLF COURSE Company. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve, subject to Legal Department review, a utility easement at the Highland Golf Course for Idaho Power Company. Upon roll call, those voting in favor were Moore, Nye, Bray, Brown, Cooper and Johnston. REGULAR CITY COUNCIL MEETING 10 JULY 11, 2013 AGENDA ITEM NO. 20: Council was asked to approve, subject to CITY PIPELINE Legal Department review, the renewal of an EASEMENT RENEWAL easement allowing City owned water and sewer U.S. ARMY RESERVE pipelines to remain in the right-of-way of CENTER property owned by the Pocatello U.S. Army Reserve Center. The renewal will be for a term of 50 years and there is no cost to the City. A motion was made by Mr. Johnston, seconded by Mr. Bray, to approve, subject to Legal Department review, the renewal of an easement allowing City owned water and sewer pipelines to remain in the right-of-way of property owned by the Pocatello U.S. Army Reserve Center for a term of 50 years at no cost to the City. Upon roll call, those voting in favor were Johnston, Bray, Brown, Cooper, Moore and Nye. AGENDA ITEM NO. 21: Council was asked to consider the following ORDINANCES ordinances: CRIMINAL HISTORY a) Council was asked to adopt an ordinance CHECKS FOR amending Pocatello Municipal Code BUSINESS LICENSING §5.04.030, 5.60.040(C)(3) and 5.52.060(a) to include language required by the Federal Bureau of Investigation in order to process criminal history checks required for business licensing in general, and specifically for criminal history checks for sexually oriented businesses, solicitors and peddlers. This ordinance is not a substantial change from the current ordinance, but is administrative in nature. A motion was made by Mr. Bray, seconded by Mrs. Nye, that the ordinance, Agenda Item 21(a), 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, Nye, Brown, Cooper, Johnston and Moore. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance amending Pocatello Municipal Code §5.04.030, 5.60.040(c)(3) and 5.52.060(a) to include language required by the Federal Bureau of Investigation in order to process criminal history checks required for business licensing in general, and specifically for criminal history checks for sexually oriented businesses, solicitors and peddlers. 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 REGULAR CITY COUNCIL MEETING 11 JULY 11, 2013 be numbered 2923 and be submitted to the Idaho State Journal for publication. CLOSING LID b) Council was asked to adopt an ordinance NO. 110 closing LID No. 110, which provided for SOUTH BANNOCK sanitary sewer infrastructure improvements HIGHWAY/SOUTH in the South Bannock Highway/South Grant GRANT area. The improvements are completed, and all assessments due and owing by private property owners within the district have been paid in full. A motion was made by Mr. Bray, seconded by Mr. Cooper, that the ordinance, Agenda Item 21(b), be read only by title and placed on final passage for publication, and that only the ordinance summary sheet be submitted for publication. Upon roll call, those voting in favor were Bray, Cooper, Brown, Johnston, Moore and Nye. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance closing LID No. 110, which provided for sanitary sewer infrastructure improvements in the South Bannock Highway/South Grant area, as all assessments due and owing by private property owners within the district have been paid in full. 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 2924 and be submitted to the Idaho State Journal for publication. There being no further business, Mayor Blad adjourned the meeting at 7:08 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK REGULAR CITY COUNCIL MEETING 12 JULY 11, 2013 PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK