City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING JUNE 19, 2014 CLARIFICATION The City Council Agenda Clarification Meeting was called MEETING to order at 5:30 p.m. by Council member Steve Brown. Council members present were Jim Johnston, Gary Moore and Michael L. Orr. Mayor Brian Blad, Council member Craig Cooper and Council member Eva Johnson Nye were excused. No motions, resolutions, orders or ordinances were proposed. No vote was taken. REGULAR CITY COUNCIL MEETING AGENDA ITEM NO. 1: The Regular City Council meeting was called to order at 6:01 p.m. ROLL CALL AND by Council member Steve Brown. Council members present were PLEDGE OF Jim Johnston, Gary Moore and Michael L. Orr. Mayor Blad, ALLEGIANCE Council member Craig Cooper and Council member Eva Johnson Nye were excused. Mr. Brown led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was offered by Ron Peace representing the Baha’i INVOCATION Faith. AGENDA ITEM NO. 3: Council was asked to consider the following business items: CONSENT AGENDA -MINUTES (a) Waive the oral reading of the minutes and approve the minutes from the May 8, 2014 Study Session, Budget Development Meetings held on May 8, 15 and June 5, 2014; Alameda/Jefferson Intersection meeting of June 5, 2014; Executive Session of June 5, 2014; and Clarification and Regular Council meeting of June 5, 2014. -TREASURER’S (b) Consider the Treasurer’s Report for May 2014 showing cash and REPORT investments as of May 31, 2014 in the amount of $24,134,428.32. -HUMAN RELATIONS (c) Confirm the Mayor’s reappointment of Dennis Walsh to continue ADVISORY his service as a member of the Human Relations Advisory COMMITTEE Committee. Dr. Walsh’s term will begin July 2, 2014 and will expire REAPPOINTMENT July 2, 2018. -HOUSING (d) Confirm the Mayor’s reappointment of Barbara Martin to continue AUTHORITY OF her service as a member of the Housing Authority of Pocatello POCATELLO Board. Ms. Martin’s term will begin June 23, 2014 and will expire REAPPOINTMENT June 23, 2019. -FROZEN GATOR (e) Grant an exception to City Code 5.06.020 to allow Steven McKee, ICE CREAM TRUCK Frozen Gator Ice Cream, to operate a mobile ice cream concession – EXCEPTION/ on City streets. Mr. McKee will provide the required liability CONCESSION PERMIT insurance, naming the City as an additional insured and meet Southeast Idaho Public Health requirements. City Council has approved an exception for other ice cream vendors, most recently, Bob’s Polar Express, LLC. REGULAR CITY COUNCIL MEETING 2 JUNE 19, 2014 -GROUNDWATER (f) Approve a one-year contract with CH2MHILL to provide MONITORING groundwater monitoring services at the Pocatello Creek Landfill. SERVICES-CH2MHILL The next monitoring event is scheduled for October of 2014. The cost of services will not exceed $7,683.00 and is available in the Sanitation Department’s Fiscal Year 2015 budget. CH2MHILL has provided this service to the City for over 21 years. -COUNCIL DECISION (g) Adopt the Council’s decision to grant Madison Development –HURLEY DRIVE Group, LLC’s request for approval of the final short plat for Hurley SUBDIVISION FINAL Drive Subdivision, subject to conditions. The proposed plat is for a SHORT PLAT one (1) lot subdivision, a re-plat of a portion of Lots 3 and 4, Block 3, of the Pocatello Square Subdivision. The proposed lot encompasses .63 acres (more or less), is zoned Commercial-General, and will have frontage and shared access on Hurley Drive. A motion was made by Mr. Moore, seconded Mr. Johnston, to approve the items on the consent agenda. Upon roll call, those voting in favor were Moore, Johnston, Orr and Brown. AGENDA ITEM NO. 4: Mr. Johnston, on behalf of Mayor Blad, proclaimed June 2014 to COMMUNICATIONS AND be General Aviation Appreciation Month in Pocatello. PROCLAMATIONS Mr. Brown presented the proclamation to David Allen, Pocatello Airport Manager, and Roland Smith, Airport Commission member. Mr. Allen and Mr. Smith accepted the proclamation and thanked the Council for the acknowledgement of the importance of general aviation and the Pocatello Regional Airport. Mr. Brown recognized boy scouts from Troop No. 359 in the audience. AGENDA ITEM NO. 5: Mr. Brown reminded the Council of the June 26th Budget Meeting CALENDAR REVIEW at 9:00 a.m.; and the July 3rd Regular City Council Meeting at 6:00 p.m. Mr. Brown announced 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. Mr. Brown announced that City offices would be closed on Friday, 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 the Mayor’s Awards for the Arts nominations will be accepted through July 18th. AGENDA ITEM NO. 6: Niki Taysom, 4604 Burley Drive, Chubbuck, asked for clarification DISCUSSION ITEMS regarding the requirements for a quorum of the City Council. She FROM THE AUDIENCE shared her concerns regarding community activities. Idaho Lorax, Pocatello citizen, shared his concerns regarding educational signs in the community. He shared his support for protection of beavers and other wildlife and encouraged citizens and visitors to visit “the most unique beaver nursery” located in the Pocatello area. REGULAR CITY COUNCIL MEETING 3 JUNE 19, 2014 AGENDA ITEM NO. 7: Council was asked to accept the recommendation of staff and award REFUSE/RECYCLE the bid for truckload quantities of 95 gallon refuse and recycling CARTS BID carts to Rehirig Pacific Company and authorize the Mayor to sign –SANITATION any necessary documents. The refuse carts are $49.97 FOB Pocatello and the recycling carts are $51.95 FOB Pocatello. A motion was made by Mr. Johnston, seconded by Mr. Orr, to accept the recommendation of staff and award the bid for truckload quantities of 95 gallon refuse and recycling carts to Rehirig Pacific Company and authorize the Mayor to sign any necessary documents. Upon roll call, those voting in favor were Johnston, Orr, Moore and Brown. AGENDA ITEM NO. 8: Council was asked to accept the recommendation of staff and “PIGGY BACK” BID approve a “piggy-back” bid on a City of Nampa bid for a large turf FOR TURF ROTARY area rotary mower in the amount of $72,762.00. Purchasing the MOWER-PARKS AND mower at the 2013 price will provide a cost savings of $12,000.00. RECREATION Funds for the purchase are available in the Parks and Recreation Fiscal Year 2014 budget as a result of the vacant Parks and Recreation Director Position. A motion was made by Mr. Johnston, seconded by Mr. Moore, to accept the recommendation of staff and approve a “piggy-back” bid on a City of Nampa bid for a large turf area rotary mower in the amount of $72,762.00. Upon roll call, those voting in favor were Johnston, Moore, Orr and Brown. AGENDA ITEM NO. 9: Council was asked to consider a request from Aid For Friends “COUNCIL SELECT” (mailing address: PO Box 4233, Pocatello ID 83205) represented by FUNDING REQUEST BJ Stensland, requesting that “Council Select” funds in the amount –AID FOR FRIENDS of $250.00 be used to help pay expenses related to a “Splish and Splash Event” at Ross Park Aquatic Complex on August 1, 2014 to raise funds for the Homeless Shelter. (As of June 13, 2014 there was $3,298.42 in the “Council Select” line item.) In response to a question from Council, BJ Stensland gave an overview of the planned activities surrounding the “Splish and Splash Event” and encouraged citizens to attend the family-friendly event. A motion was made by Mr. Moore, seconded by Mr. Johnston, to approve a request from Aid For Friends that “Council Select” funds in the amount of $250.00 be used to help pay expenses related to a “Splish and Splash Event” at Ross Park Aquatic Complex on August 1, 2014. Upon roll call, those voting in favor were Moore, Johnston, Orr and Brown. AGENDA ITEM NO. 10: Council was asked to consider a request from The Biggest Show In TEMPORARY STREET Idaho Music Festival and Extravaganza to temporarily close CLOSURE REQUEST Olympus Road between Jerome and Butte Streets for a 3 on 3 –THE BIGGEST SHOW basketball tournament and other celebration activities on July 4th IN IDAHO MUSIC from 12:00 p.m. to 11:00 p.m. and on July 5th from 8:00 a.m. to 4:00 FESTIVAL AND p.m. EXTRAVAGANZA REGULAR CITY COUNCIL MEETING 4 JUNE 19, 2014 A motion was made by Mr. Moore, seconded by Mr. Orr, to approve a request from The Biggest Show In Idaho Music Festival and Extravaganza to temporarily close Olympus Road between Jerome and Butte Streets for a 3 on 3 basketball tournament and other celebration activities on July 4th from 12:00 p.m. to 11:00 p.m. and on July 5th from 8:00 a.m. to 4:00 p.m. Loren Azzola, “Biggest Show” Chairperson, gave an overview of the planned activities surrounding the 4th of July holiday. He requested that the closure of Olympus Road be extended until 10:00 p.m. on July 5th, to allow sufficient time for the basketball tournament. Mr. Moore amended his motion to extend the time of the temporary road closure of Olympus Road between Jerome and Butte Streets on July 5th to be from 8:00 a.m. to 10:00 p.m. Mr. Orr approved the amendment. Upon roll call, those voting in favor were Moore, Orr, Johnston and Brown. AGENDA ITEM NO. 11: Council was asked to consider a request from J. K. Marketing, LLC USE AGREEMENT dba Acme Discount Fireworks (mailing address: 32 Buckhorn Way, -ACME DISCOUNT Preston, ID 83263) represented by Jared Jensen, to approve a Use FIREWORKS Agreement to operate a mobile concession stand for the sale of fireworks on City property (vacant lot located at Jefferson Avenue and Pocatello Creek Road.) User will occupy the premises from June 20 to July 7, 2014. However, the actual sales will be June 28 through July 4, 2014. The fee for the mobile concession will be $25.00 per day and the user will provide liability insurance naming the City as an additional insured. In response to a question from Council, Adam Byington, 410 Mattwood, stated he has been an employee of J. K. Marketing, LLC for many years and that the fireworks stand has used the property located at Jefferson Avenue and Pocatello Creek Road for many years. He added now that the City owns the property, a new location will be secured for the 2015 season. A motion was made by Mr. Moore, seconded by Mr. Johnston, to approve a request from J. K. Marketing, LLC dba Acme Discount Fireworks to approve a Use Agreement to operate a mobile concession stand for the sale of fireworks on City property located at Jefferson Avenue and Pocatello Creek Road and that the user will a) occupy the premises from June 20 to July 7, 2014; b) hold actual sales June 28 through July 4, 2014; c) pay the fee for the mobile concession of $25.00 per day; and d) provide liability insurance naming the City as an additional insured. Upon roll call, those voting in favor were Moore, Johnston, Orr and Brown. AGENDA ITEM NO. 12: Council was asked to consider a request from Holy Spirit Catholic EXCEPTION REQUEST Community (mailing address: 524 North 7th Avenue, Pocatello ID –HOLY SPIRIT 83201) represented by Debbie Gallegos, for an exception to City CATHOLIC COMMUNITY Code 5.06.010 to allow vendor sales in Tydeman Park for a Family FAMILY FUN DAY Fun Day event on July 12, 2014. Food and non-alcoholic beverages will be sold during the event. Ms. Gallegos has submitted the required application, proof of liability insurance and paid the applicable vendor permit fees. A motion was made by Mr. Moore, seconded by Mr. Orr, to approve a request from Holy Spirit Catholic Community for an exception to City Code 5.06.010 to allow vendor sales in Tydeman Park for a Family Fun Day event on July 12, 2014 and that the applicant be required to a) submit the required REGULAR CITY COUNCIL MEETING 5 JUNE 19, 2014 application; b) provide proof of liability insurance; and c) pay the applicable vendor permit fees. Upon roll call, those voting in favor were Moore, Orr, Johnston and Brown. AGENDA ITEM NO. 13: Council was asked to adopt a resolution and authorize execution of RESOLUTION AND an agreement between the State of Idaho and City of Pocatello for STATE/LOCAL the Cheyenne Overpass Phase 1B Project, subject to Legal AGREEMENT-CHEYENNE Department review. The second phase of this federal aid project OVERPASS (SOUTH consists of the construction of three bridges, road construction VALLEY ROAD) PROJECT between South 2nd Avenue and Bannock Highway, and paving the roadway between South 5th Avenue and Bannock Highway. The project requires a local match between 0% and 20% of the total costs, some of which will be reimbursed by the Pocatello Development Authority. A motion was made by Mr. Orr, seconded by Mr. Johnston, to adopt a resolution (2014-14) and authorize execution of the State/Local Construction agreement between the State of Idaho and City of Pocatello for the Cheyenne Overpass Phase 1B Project, subject to Legal Department review, in an amount not to exceed the Pocatello Development Authority financial commitment. Upon roll call, those voting in favor were Orr, Johnston, Moore and Brown. AGENDA ITEM NO. 14: Council was asked to consider, and authorize the Mayor to sign an IDL FIRE COOPERATOR Idaho Department of Land (IDL) Cooperator Certification Form CERTIFICATION FORM/ and Supplemental Memorandum of Understanding (MOU). This MOU-FIRE DEPARTMENT MOU allows the Fire Department to deploy firefighting resources under the IDL contract in support of both intrastate and interstate requests and ensure the department will be fully reimbursed for all expenses incurred. Fire Department staff recommended approval of the request. A motion was made by Mr. Moore, seconded by Mr. Johnston, to approve and authorize the Mayor to sign an Idaho Department of Land (IDL) Cooperator Certification Form and Supplemental Memorandum of Understanding (MOU) to allow the Fire Department to deploy firefighting resources under the IDL contract in support of both intrastate and interstate requests and ensure the department will be fully reimbursed for all expenses incurred. Upon roll call, those voting in favor were Moore, Johnston, Orr and Brown. AGENDA ITEM NO. 15: Council was asked to consider a Cooperative Agreement with the COOPERATIVE Idaho Department of Environmental Quality (DEQ) and Fire AGREEMENT WITH Department (Hazmat Team) to purchase 1,000 feet of curtain boom DEQ FOR CURTAIN to reduce the response time to petroleum spills on the Bear River BOOM PURCHASE and other surface water bodies in Southeast Idaho. There is a –FIRE DEPARTMENT $1,000.00 match which has been set aside by the Department for this purchase. A motion was made by Mr. Moore, seconded by Mr. Johnston, to approve a Cooperative Agreement with the Idaho Department of Environmental Quality (DEQ) and Fire Department (Hazmat Team) to purchase 1,000 feet of curtain boom to reduce the response time to petroleum spills on the Bear River and other surface water bodies in Southeast Idaho. Upon roll call, those voting in favor were Moore, Johnston, Orr and Brown. AGENDA ITEM NO. 16: Council was asked to approve passage of an ordinance which REGULAR CITY COUNCIL MEETING 6 JUNE 19, 2014 ORDINANCE annexes a parcel of land comprised of approximately 26.846 acres –ANNEXATION OF owned by T-7, LLC. The parcel is adjacent to Century High School PROPERTY and will be zoned Light Industrial with a Comprehensive Plan designation of “Industrial/Office-Park.” A motion was made by Mr. Moore, seconded by Mr. Johnston, that the ordinance, Agenda Item 16, 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 Moore, Johnston, Orr and Brown. Dean Tranmer, City Attorney, read the ordinance by title. Mr. Brown declared the final reading of the ordinance which annexes a parcel of land comprised of approximately 26.846 acres owned by T-7, LLC, adjacent to Century High School and shall be zoned Light Industrial with a Comprehensive Plan designation of “Industrial/Office-Park.” Mr. Brown asked, “Shall the ordinance pass?” Upon roll call, those voting in favor were Johnston, Moore, Orr and Brown. Mr. Brown declared the ordinance and summary sheet passed, that it be numbered 2934 and be submitted to the Idaho State Journal for publication. There being no further business, Mr. Brown adjourned the meeting at 6:51 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: REGULAR CITY COUNCIL MEETING 7 JUNE 19, 2014 KONNI R. KENDELL, DEPUTY CLERK