City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING AUGUST 1, 2013 CLARIFICATION The City Council Agenda Clarification MEETING Meeting was called to order at 5:36 p.m. by Mayor Brian Blad. Council members present were Roger Bray, Steve Brown, Craig Cooper, Jim Johnston, Gary Moore and Eva Johnson Nye. No motions, resolutions, orders, or ordinances were proposed. No vote was taken. REGULAR CITY COUNCIL MEETING AGENDA ITEM NO. 1: The Regular City Council meeting was called ROLL CALL AND to order at 6:05 p.m. by Mayor Brian Blad. PLEDGE OF Council members present were Roger Bray, ALLEGIANCE Steve Brown, Craig Cooper, Jim Johnston and Gary Moore. Council member Eva Johnson Nye arrived at 6:07 p.m. Mayor Blad led the audience in the pledge of allegiance. Council member Nye arrived during the pledge of allegiance. ITEM NO. 2: An invocation was not offered at the INVOCATION meeting. AGENDA ITEM NO. 3: Council was asked to consider the following CONSENT AGENDA business items: -MINUTES (a) Waive the oral reading of the minutes and approve the minutes from the Clarification meeting and Regular Council meeting of June 6, 2013, June 20, 2013 and July 11, 2013; Town Hall meeting of July 9, 2013; and Executive Session of July 11, 2013. -PAYROLL AND (b) Payroll and material claims for the month of MATERIAL CLAIMS July 2013 in the amount of $ 5,454,642.64. -HUMAN RELATIONS (c) Confirm the Mayor’s appointments of Debodeep ADVISORY Choudhury and Virginia Kelly to serve as COMMITTEE members of the Human Relations Advisory APPOINTMENTS Committee, replacing Kevin Bloxham and Erika Kuhlman who resigned. Mr. Choudhury’s term will begin August 2, 2013 and will expire November 19, 2014. Ms. Kelly’s term will begin August 2, 2013 and will expire April 20, 2016. REGULAR CITY COUNCIL MEETING 2 AUGUST 1, 2013 -COUNCIL DECISION (d) Adopt the Council’s decision amending the AMENDMENT OF zoning designation of approximately 6.88 ZONING DESIGNATION acres of land commonly known as 3000 and 3000 AND 3100 AVENUE 3100 Avenue of the Chiefs from Residential OF THE CHIEFS Medium Density to Public Lands/Facilities. -COUNCIL DECISION (e) Adopt the Council’s decision to allow site SITE DEVELOPMENT development and construction of a new animal AND CONSTRUCTION OF shelter facility at 3100 Avenue of the NEW ANIMAL SHELTER AT Chiefs. 3100 AVENUE OF THE CHIEFS -COUNCIL DECISION (f) Adopt the Council’s decision to grant GREENFIELD MEADOWS Satterfield Realty and Development’s request SUBDIVISION, for approval of the final plat for DIVISION 2 Greenfield Meadows Subdivision, Division 2, FINAL PLAT subject to conditions. The proposed subdivision will consist of nineteen (19) residential lots on approximately 6.73 acres situated east of Satterfield Drive on an extension of Andrew Street. Storm water will be detained in the pond developed as part of Greenfield Meadows Subdivision, Division 1. 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: Mr. Brown, on behalf of Mayor Blad, COMMUNICATIONS AND proclaimed August 6, 2013 to be PROCLAMATIONS Pocatello’s Night Out Against Crime in Pocatello and encouraged citizens to support crime prevention programs. Dianne Brush and Gene Wiggers accepted the proclamation on behalf of Neighborhood Watch and the Pocatello Police Department and thanked the Mayor and Council for their support. Mr. Wiggers, 1854 South Fairway Drive, stated he is a member of the Neighborhood Watch Executive Board and encouraged involvement in neighborhood watch programs. Mayor Blad welcomed boy scouts from Troop No. 147. AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the CALENDAR REVIEW August 8th Study Session at 9:00 a.m. and the August 15th Regular Council meeting at 6:00 p.m. REGULAR CITY COUNCIL MEETING 3 AUGUST 1, 2013 Mayor Blad announced the last Splash Dance of the season at Ross Park Aquatic Center would be held on August 1st from 9:00 p.m. to 11:00 p.m. for youth ages 12 years and up; August 2nd the Ross Park Aquatics Center will close at 6:00 p.m. for the Aid for Friends “Splish Splash Fundraiser” event; Pocatello Regional Transit facility groundbreaking ceremony will be held at 11:00 a.m. on August 6th at 5775 South 5th Avenue; the annual ZooFari ice cream event will be held August 10th from 5:00 p.m. to 8:30 p.m. at the Pocatello Zoo; the “Ketchup to Heinz” Fun Run will be held August 10th, contact the Community Recreation Center for more information; and the parking lot for the Edson Fichter Nature Area is closed for up to three weeks for repairs. AGENDA ITEM NO. 6: Idaho Lorax, Pocatello resident, DISCUSSION ITEMS shared his concerns regarding the remembrance of Hiroshima and Nagasaki events as well as his concern for a healthy living environment. Niki Taysom, 4606 Burley Drive, shared her concerns regarding children’s safety and parental supervision at the Portneuf Library in the City of Chubbuck. AGENDA ITEM NO. 7: This time was set aside for the Council to PUBLIC HEARING receive comments from the public regarding –FISCAL YEAR the proposed Fiscal Year 2014 budget, which 2014 BUDGET begins on October 1, 2013. Mayor Blad opened the public hearing. David Swindell, Chief Financial Officer, gave a few introductory comments noting that multiple meetings have been held to inform the Council and citizens of the proposed Fiscal Year 2014 Budget. Mr. Swindell added that the general fund includes a contingency fund of $150,000.00 for a Mayoral run-off election, which may or may not be necessary. He announced the proposed budget allows for a modest cost of living increase, no new staffing requests and defers cash savings for future capital needs. Mr. Swindell added that the tax valuation increase is less than one percent which creates a levy rate slightly higher than one percent. He added that no written comments have been received regarding the proposed budget. Niki Taysom, 4604 Burley Drive, Chubbuck, spoke in opposition to the proposed budget and stated she opposes many City-sponsored programs and departments. There being no further public comments, Mayor Blad closed the public hearing and announced that Council discussion would take place at the August 8, 2013 Study Session and Council will consider the Fiscal Year 2014 Budget at the August 15, 2013 Regular Council Meeting. REGULAR CITY COUNCIL MEETING 4 AUGUST 1, 2013 Mr. Brown shared his concerns with the current levy rate and stated he would like to continue working to reduce the levy rate. Mr. Bray stated he would also like to work to reduce the levy rate. Mr. Cooper stated he feels the Council faces some challenges regarding the budget, but he would like to see the levy rate decrease. Mr. Johnston stated he feels the Council should continue to work to bring about a balanced and fair budget. Mr. Moore stated he feels it is important to have a balanced budget. Mrs. Nye agreed that she feels it is important to keep the levy rate below 1%. She added that construction of the new animal shelter continues to be on track and some upgrades are necessary in order for the work to be done efficiently. AGENDA ITEM NO. 8: This time was set aside for Council to PUBLIC HEARING receive public comments regarding the -FISCAL YEAR 2014 proposed fee changes for Fiscal Year 2014 FEE CHANGES which begins on October 1, 2013. Mayor Blad opened the public hearing. Dave Swindell, Chief Financial Officer, overviewed the proposed fee changes for Fiscal Year 2014. He reviewed Idaho Code statutes that must be met in order for cities to increase fees. Mr. Swindell reported that fees are determined to off-set the actual costs for providing services. In addition, if fee users do not pay the cost, it will be passed along to the tax payer in the form of property taxes. He added that the 6.4% increase in sewer costs are due in part to rising costs associated with additional phosphorous removal requirements set out by the EPA. In response to questions from Council, Mr. Swindell stated that utilities are entirely funded by user fees, while other departments, such as Animal Services, are funded by a combination of user fees and property taxes. He added that general business licenses are not issued in Pocatello, as in many other cities. Mr. Swindell stated he has observed that connection fees are comparable to other cities and he feels the fees do not discourage development. He added that no written correspondence had been received. In response to a question from Council, Randy Allen, Sanitation Supervisor, clarified fees associated with the Sanitation Department services. REGULAR CITY COUNCIL MEETING 5 AUGUST 1, 2013 Mike Seibert, 1665 Pocatello Creek Road, spoke uncommitted to the proposed changes. He asked for clarification regarding fixed and variable costs and sewer rates for Chubbuck residents. These rates appear to be lower than rates given to Pocatello residents. Niki Taysom, 4604 Burley Drive, Chubbuck, spoke in opposition to the proposed ordinance. Ms. Taysom is opposed to having the government involved in businesses that she feels would be better served by the private sector. Mr. Swindell stated that residents of Chubbuck who live south of Interstate 86 (I-86) are charged the same sewer rate as residents of Pocatello. However, Chubbuck residents who are located north of I-86 are charged a reduced rate, as the City of Chubbuck provides the collection system. Jon Herrick, Water Pollution Control Superintendent, confirmed that south of I-86, the City of Pocatello collection system is used and north of the interstate, the City of Chubbuck collection system is used. Therefore, a lower fee is charged for the residents north of I-86. There being no further public comments, Mayor Blad closed the public hearing and announced that Council discussion would take place at the August 8, 2013 Study Session. AGENDA ITEM NO. 9: Tony Heath (mailing address: 487 Arabian, APPEAL OF KENNEL Pocatello, Idaho 83201) asked the Council to PERMIT DENIAL reconsider the denial of his multiple animal -TONY HEATH kennel permit application. Mr. Heath stated he has lived at 487 Arabian since November 2010 and has six (6) pug dogs. He stated that as a requirement of an Animal Services kennel license, 75% of his neighbors must be in support of granting the license. Mr. Heath approached his neighbors to seek support, and only received support from three of the six neighbors necessary for approval. He feels that his dogs are his children and takes good care of them, and has not had a complaint against his dogs. Mr. Heath asked the Council to override the policy and allow him to keep six dogs at his residence. In response to questions from Council, Mr. Heath stated he believes his neighbors are not in support of the kennel license because he has a boarding house permit and has roommates in his home. He added that he felt he had friendships with his neighbors and did not feel that he was intimidating to his neighbors. Mr. Heath stated that his neighbors have mentioned that they feel his rental property decreases the surrounding property values. REGULAR CITY COUNCIL MEETING 6 AUGUST 1, 2013 Mr. Cooper stated he feels overturning one ordinance could lead to the necessity to overturn other ordinances and he does not want to set that precedent. In response to questions from Council, Mary Remer, Animal Services Director, stated that Mr. Heath’s animals are well taken care of and Animal Services received two complaints regarding the animals. One complaint was in 2011 and the current complaint. She added that there are other pet owners who have received permission to own six or more dogs, but that those owners were able to obtain their neighbors’ permission. A motion was made by Mr. Johnston, seconded by Mr. Moore, to deny Tony Heath’s appeal for a multiple animal kennel permit application. Council discussion followed regarding kennel license requirements and if changes to the requirements should be considered. Mr. Johnston’s motion was voted upon at this time. Upon roll call, those voting in favor were Johnston, Moore, Brown and Cooper. Mr. Bray and Mrs. Nye voted in opposition to the motion. The motion passed. Mayor Blad encouraged Mr. Heath to keep in contact with his neighbors to work out issues and follow through with the Animal Services Department. AGENDA ITEM NO. 10: Council was asked to consider a request from EXCEPTION REQUEST The Pocatello Kennel Club, represented by -POCATELLO Jane Guidinger (mailing address: 723 KENNEL CLUB Randolph, Pocatello, Idaho 83201) to allow a Club member to stay in an RV parked at OK Ward Park parking lot on September 26, 27 and 28, 2013 to serve as security during the annual 3-day agility trial to be held September 27 through 29, 2013. A motion was made by Mr. Moore, seconded by Mr. Johnston, to approve a request from The Pocatello Kennel Club to allow a Club member to stay in an RV parked at OK Ward Park parking lot on September 26, 27 and 28, 2013 to serve as security during the annual 3-day agility trial to be held September 27 through 29, 2013. Mary Thompson, co-chair of The Pocatello Kennel Club, thanked the Mayor and Council for their consideration of the request. She announced the 10th annual event is a nationally ranked competition REGULAR CITY COUNCIL MEETING 7 AUGUST 1, 2013 which brings over 200 dogs and their handlers to Pocatello. Ms. Thompson invited citizens to watch the family-friendly event. Mr. Moore’s motion was voted upon at this time. Upon roll call, those voting in favor were Moore, Johnston, Bray, Brown, Cooper and Nye. AGENDA ITEM NO. 11: Council was asked to approve a grant GRANT APPLICATION application for High Five Community Grant -HIGH FIVE funds in the amount of up to $300,000.00 to COMMUNITY GRANT improve physical activity opportunities and healthy food options in the community, and, if awarded, authorize acceptance of the grant and authorize the Mayor to sign, documents related to the grant, subject to Legal Department review. A motion was made by Mrs. Nye, seconded by Mr. Johnston, to approve a grant application for High Five Community Grant funds in the amount of up to $300,000.00 and, if awarded, authorize acceptance of the grant and authorize the Mayor to sign, documents related to the grant, subject to Legal Department review. Mayor Blad clarified that this is a one-time grant and the City is under no obligation to continue the program. Mrs. Nye’s motion was voted upon at this time. Upon roll call, those voting in favor were Nye, Johnston, Bray, Brown, Cooper and Moore. AGENDA ITEM NO. 12: Council was asked to consider approving a EASEMENT-IDAHO utility easement on City-owned property, POWER/POCATELLO which is leased to the Pocatello Field FIELD ARCHERS Archers, to allow the installation of an underground power line. The Pocatello Field Archers will use grant monies for the payment required for installation. A motion was made by Mr. Moore, seconded by Mr. Cooper, to approve a utility easement on City-owned property, which is leased to the Pocatello Field Archers, to allow the installation of an underground power line. Mr. Bray recused himself from voting on Agenda Item No. 12, because he is a member of the Pocatello Field Archers. Mr. Moore’s motion was voted upon at this time. Upon roll call, those voting in favor were Moore, Cooper, Brown, Johnston and Nye. REGULAR CITY COUNCIL MEETING 8 AUGUST 1, 2013 AGENDA ITEM NO. 13: Council was asked to approve the concept for CALDWELL PARK the NeighborWorks® Pavilion to be NEIGHBORWORKS® constructed by Pocatello Neighborhood PAVILION REQUEST Housing Services (PNHS) (mailing address: 206 North Arthur, Pocatello ID 83204) as its Twentieth Anniversary project and authorize acceptance by the City upon completion of the pavilion as discussed at the April 11, 2013 Study Session. The Council may also wish to consider PNHS’s request for funding assistance in the amount of $10,000.00 for the project. This funding is available in the Community Development Fund 955. In response to questions from Council, Mark Dahlquist, PNHS Executive Director, stated that names of donors will be listed on the pillars of the pavilion. He added that the name of the pavilion has already been determined and other naming privilege possibilities are not being sought at this time. Mr. Dahlquist added that the overall cost of the structure is projected to be $80,000.00 and over $50,000.00 has been secured through grants and private donations. He stated that after the completion of the project, the shelter would be an asset for the City and revenue would be generated through shelter rentals. Mr. Dahlquist added that he understands the City has funding available. Mr. Swindell confirmed that funds are available for this project and were secured through a federal grant received several years ago. He added that the PNHS project is an appropriate use for the grant money. Jerry Sepich, Parks and Recreation Director, stated that park shelters typically generate revenue through rentals and maintenance costs are typically minimal. A motion was made by Mr. Bray, seconded by Mrs. Nye, to approve the concept for the NeighborWorks® Pavilion to be constructed by Pocatello Neighborhood Housing Services (PNHS) as its Twentieth Anniversary project and authorize acceptance by the City upon completion of the pavilion as discussed at the April 11, 2013 Study Session and approve PNHS’s request for funding assistance in the amount of $10,000.00 for the project. Upon roll call, those voting in favor were Bray, Nye, Brown, Cooper, Johnston and Moore. AGENDA ITEM NO. 14: Council was asked to approve a request by SUBDIVISION SHORT Brad Frasure of BBMAD, LLC (mailing address: PLAT-BBMAD 2227 East Center Street, Pocatello, Idaho COMMERCIAL PARK 83201) and Rocky Mountain Engineering and SUBDIVISION Surveying (mailing address: 2043 East Center Street, Pocatello, Idaho 83201) for a short plat for the BBMAD Commercial Park Subdivision located southeast of REGULAR CITY COUNCIL MEETING 9 AUGUST 1, 2013 the Interstate-15/South 5th Avenue off-ramp, off of South 5th Avenue. The request is to subdivide the property into two (2) commercial lots and is located within a Commercial General zoning district. Planning and Zoning Commission has recommended approval. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve a request by Brad Frasure of BBMAD, LLC and Rocky Mountain Engineering and Surveying for a short plat for the BBMAD Commercial Park Subdivision located southeast of the Interstate-15/South 5th Avenue off-ramp, off of South 5th Avenue and subdivide the property into two (2) commercial lots with the following conditions: 1) All conditions on the Subdivision Application Staff Report dated July 24, 2013 shall be met; 2) all conditions set out in the Engineering Department Memorandum dated July 12, 2013 shall be met; 3) BBMAD, LLC shall submit the Declaration of Covenants, Conditions, and Restrictions for BBMAD Commercial Park to the City’s Legal Department to be approved prior to recording the final plat; 4) permanent storm water quality and quantity and sidewalks shall be addressed at the time of the individual lot improvements during the building permit process; 5) a traffic control plan shall be submitted to the City for review and approval prior to any work in the right-of-way; 6) the plat shall conform to all State and local laws and ordinances; 7) all notes on the plat shall be approved by City staff prior to recording of the plat and 8) all other standards and conditions of Municipal Code not herein addressed but applicable to Commercial General Zone land uses or commercial building type developments shall apply 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. AGENDA ITEM NO. 15:Council was asked to approve an WATER AND SEWER administrative fee of $2,000.00 to the EASEMENT RETENTION Department of Army Seattle District, Corps ADMINISTRATIVE of Engineers for processing an easement FEE-DEPARTMENT agreement which allows the City to retain OF THE ARMY the right to place water and sewer main lines in, under and across Army-owned land adjacent to Quinn Road, subject to Legal Department review. Funding is available in the Water and Water Pollution Control Departments. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve an administrative fee of $2,000.00 to the Department of Army Seattle District, Corps of Engineers for processing an easement agreement which allows the City to retain the right to place water and sewer main lines in, under and across Army-owned land adjacent to Quinn REGULAR CITY COUNCIL MEETING 10 AUGUST 1, 2013 Road, subject to Legal Department review. Upon roll call, those voting in favor were Moore, Nye, Bray, Brown, Cooper and Johnston. AGENDA ITEM NO. 16: Council was asked to approve and authorize MOA WITH SCHOOL the Mayor to sign, a proposed Memorandum of DISTRICT NO. 25 Agreement (MOA) with the Pocatello/Chubbuck –POLICE RESOURCE School District No. 25 regarding the OFFICERS assignment of Pocatello Police School Resource Officers to work at designated schools within the City of Pocatello. A motion was made by Mr. Brown, seconded by Mr. Johnston, to approve and authorize the Mayor to sign, a proposed Memorandum of Agreement with the Pocatello/Chubbuck School District No. 25 regarding the assignment of Pocatello Police School Resource Officers to work at designated schools within the City of Pocatello. Upon roll call, those voting in favor were Brown, Johnston, Bray, Cooper, Moore and Nye. AGENDA ITEM NO. 17: Council was asked to declare seventeen (17) SURPLUS ICOP in-car video systems as surplus items DECLARATION AND and authorize donation of the systems to DONATION OF Blackfoot and Montpelier Police Departments. POCATELLO POLICE The ICOP in-car video system is no longer IN-CAR VIDEO SYSTEMS used by the Pocatello Police Department and TO BLACKFOOT AND has limited monetary value. MONTPELIER POLICE DEPARTMENTS A motion was made by Mr. Moore, seconded by Mr. Brown, to declare seventeen (17) ICOP in-car video systems as surplus items and authorize donation of the systems to Blackfoot and Montpelier Police Departments. Upon roll call, those voting in favor were Moore, Brown, Bray, Cooper, Johnston and Nye. AGENDA ITEM NO. 18: Council was asked to authorize, subject to CONTRACT FOR Legal Department review, a contract with JHS ARCHITECTURAL Architects for Architectural Services in the SERVICES-ZOO amount of $48,000.00 for a new Zoo entrance. ENTRANCE A motion was made by Mr. Cooper, seconded by Mr. Bray, to authorize, subject to Legal Department review, a contract with JHS Architects for Architectural Services in the amount of $48,000.00 for a new Zoo entrance. Upon roll call, those voting in favor were Cooper, Bray, Brown, Johnston, Moore and Nye. REGULAR CITY COUNCIL MEETING 11 AUGUST 1, 2013 AGENDA ITEM NO. 19: Council was asked to consider the acceptance BID ACCEPTANCE of the bid received from Courts Unlimited, -COURTS UNLIMITED Riverton, Utah, in the amount of $55,816.00 for repair and resurfacing of the Raymond Park tennis courts. Courts Unlimited was the only bidder and provided the required bid bond and documentation that they are a certified installer of the Armor Crack repair system. Funds are available in the Fiscal Year 2013 budget for the project. A motion was made by Mrs. Nye, seconded by Mr. Johnston, to accept the bid received from Courts Unlimited, Riverton, Utah, in the amount of $55,816.00 for repair and resurfacing of the Raymond Park tennis courts. Upon roll call, those voting in favor were Nye, Johnston, Bray, Brown, Cooper and Moore. AGENDA ITEM NO. 20: Council was asked to consider contracts with CONTRACT FOR Idaho Direct Savings Guide authorizing the IDAHO DIRECT purchase of advertising through the company. SAVINGS GUIDE Such advertising would offer limited “buy one, get one free” admission to Ross Park Aquatic Complex, Community Recreation Center, Fort Hall Replica, Pocatello Zoo and Mink Creek Nordic Area (rentals and lessons only.) City Council approval is necessary as an exception to reduce admission fees established by fee resolution approved by Council. A motion was made by Mr. Bray, seconded by Mrs. Nye, to approve contracts with Idaho Direct Savings Guide authorizing the purchase of advertising through the company to offer limited “buy one, get one free” admission to Ross Park Aquatic Complex, Community Recreation Center, Fort Hall Replica, Pocatello Zoo and Mink Creek Nordic Area (rentals and lessons only) and grant an exception to reduce admission fees established by fee resolution approved by Council. Upon roll call, those voting in favor were Bray, Nye, Brown, Cooper, Johnston and Moore. AGENDA ITEM NO. 21: Council was asked to consider an ordinance ORDINANCE amending portions of Chapter 13.20 –PRETREATMENT “Pretreatment Regulations” of the revised REGULATIONS and compiled ordinances of the City of Pocatello, 1983, in order to bring said Chapter in compliance with the general pretreatment requirements of the City’s National Pollutant Discharge Elimination System Permit with regard to technically-based local limits for pollutants that can be accepted by the City’s treatment facility from industrial users; and enabling the City to comply with all applicable state and federal laws, including the clean water act. Dean Tranmer, City Attorney, read the ordinance by title. REGULAR CITY COUNCIL MEETING 12 AUGUST 1, 2013 Mayor Blad declared the second reading of the ordinance amending portions of Chapter 13.20 “Pretreatment Regulations” of the revised and compiled ordinances of the City of Pocatello, 1983, in order to bring said Chapter in compliance with the general pretreatment requirements of the City’s National Pollutant Discharge Elimination System Permit with regard to technically-based local limits for pollutants that can be accepted by the City’s treatment facility from industrial users; and enabling the City to comply with all applicable state and federal laws, including the clean water act. There being no further business, Mayor Blad adjourned the meeting at 7:51 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK