City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING JULY 3, 2014 CLARIFICATION The City Council Agenda Clarification Meeting was called to order MEETING at 5:40 p.m. by Mayor Brian Blad. Council members present were Steve Brown, Craig Cooper, Jim Johnston, Gary Moore, Eva Johnson Nye and Michael L. Orr. 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 6:03 p.m. ROLL CALL AND by Mayor Brian Blad. Council members present were Steve Brown, PLEDGE OF Craig Cooper, Jim Johnston, Gary Moore, Eva Johnson Nye and ALLEGIANCE Michael L. Orr. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was given by Tony Seikel representing Portneuf INVOCATION Sangha. 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 June 12, 2014 Study Session, June 17, 2014 Executive Session, and June 19, 2014 Clarification and Regular Council Meeting. -PAYROLL AND (b) Payroll and material claims for the month of June 2014 in the MATERIAL CLAIMS amount of $5,961,953.99. -CIVIL SERVICE (c) Confirm the Mayor’s reappointment of Don Furu to continue his COMMISSION service as a member of the Civil Service Commission. Mr. Furu’s REAPPOINTMENT term will begin July 4, 2014 and will expire July 4, 2020. -HISTORIC (d) Confirm the Mayor’s reappointment of Mary Kuehler to continue PRESERVATION her service as a member of the Historic Preservation Commission. COMMISSION Ms. Kuehler’s term will begin July 8, 2014 and will expire July 8, REAPPOINTMENT 2017. -LIBRARY BOARD (e) Confirm the Mayor’s appointment of Chuck Wegner to serve as a OF DIRECTORS member of the Library Board of Directors, replacing Andy Guerra REAPPOINTMENT whose term expired. Mr. Wegner’s term will begin July 4, 2014 and will expire July 1, 2019. -PARKS AND (f) Confirm the Mayor’s reappointment of Doug Milder to continue his RECREATION service as a member of the Parks and Recreation Advisory Board. ADVISORY BOARD Mr. Milder’s term will begin June 20, 2014 and will expire June 20, REAPPOINTMENT 2016. REGULAR CITY COUNCIL MEETING 2 JULY 3, 2014 -PARKS AND (g) Confirm the Mayor’s appointment of Daniel Parrish to serve as a RECREATION member of the Parks and Recreation Advisory Board, replacing Jim ADVISORY BOARD Koetter whose term expired. Mr. Parrish’s term will begin July 4, APPOINTMENT 2014 and will expire July 4, 2016. AGREEMENT (h) Council was asked to authorize, subject to Legal Department review, -PRIME TIME an agreement with Prime Time Auctions to provide their services at AUCTIONS A Midsummer’s Night For The Zoo on July 12, 2014. This is the MIDSUMMER NIGHT same service Prime Time Auctions has provided in past years for the FOR THE ZOO annual fundraising Zoo event. EXCEPTION (i) Council was asked to grant an exception to City Code 12.36.060 REQUEST-17TH (Dogs and Animals in Ross Park) for the Animal Shelter’s 17th ANNUAL RUN WITH Annual Run With The Big Dogs fundraising event on Saturday, THE BIG DOGS EVENT October 4, 2014. Dogs, under control of their owners, will be attending the event. 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, Brown, Cooper, Nye and Orr. AGENDA ITEM NO. 4: Ruth Whitworth, City Clerk, announced the May 20, 2014 COMMUNICATIONS Proposition One/Ordinance 2921 election results stand after a AND PROCLAMATIONS recount was completed by the State of Idaho Attorney General’s Office on June 27, 2014. Ordinance 2921 remains in full force and effect. AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the July 10th Study Session CALENDAR REVIEW at 9:00 a.m. and the July 17th Regular Council Meeting at 6:00 p.m. Mayor Blad announced the Elks Lodge 4th of July Parade would be held on July 4th; “The Biggest Show in Idaho Music Festival and Extravaganza” activities would take place at the Bannock County Fairgrounds July 4th and 5th; the Relay for Life event will be held July 11th and 12th at Century High School; the “Joint Jaunt” Fun Run will take place on July 12th; A Mid Summer’s Night for the Zoo event will take place on July 12th from 6:00 p.m. to 9:30 p.m.; the Southeast Idaho Senior Games would take place July 11th through July 19th; Splash Dances will be held at the Ross Park Aquatic Complex from 9:00 p.m. to 11:00 p.m. on July 10th, 18th, 24th and August 7th; and nominations for Mayor’s Awards for the Arts are due July 18th. Mayor Blad reminded citizens 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. AGENDA ITEM NO. 6: Idaho Lorax, Pocatello resident, shared his concerns regarding DISCUSSION ITEMS cleanup efforts in the area. He voiced his intent to proceed FROM THE AUDIENCE with legal actions against the Council members. Niki Taysom, 4604 Burley Drive, Chubbuck, shared her concerns regarding public activities, health and safety of children, and constitutional rights. Mr. Cooper announced that two former legislators, Rusty Barlow and Ralph “Moon” Wheeler, passed away during the week and recognized their past service to Idahoans. REGULAR CITY COUNCIL MEETING 3 JULY 3, 2014 AGENDA ITEM NO. 7: This time was set aside for the Council to receive comments from PUBLIC HEARING the public regarding a request by Ryan Satterfield of Pocatello Creek –ANNEXATION/ZONING Development Corp. (mailing address: 2432 Andrew Street, OF 25.4 ACRES NEAR Pocatello, ID 83201), represented by Rocky Mountain Engineering ANDREW AND OWYHEE and Surveying (mailing address: 2043 East Center Street, Pocatello STREETS ID 83201). The request is to annex approximately 25.4 acres of land extending the City limits east of Andrew Street and south of Owyhee Street. The property is requested for Residential Low Density zoning and the comprehensive Plan Map has the area designated as “Residential.” A public hearing was held before the Planning and Zoning Commission on June 11, 2014 where the Commission recommended approval with conditions. Mayor Blad opened the public hearing. Ryan Satterfield, Pocatello Creek Development Corp., gave an overview of the proposed annexation and development. He stated that a waiver is being requested regarding condition No. 3 to allow time for negotiations and evaluate a potential credit for water rights given to the City prior to the 2006 ordinance. In response to questions from Council, Mr. Satterfield stated 19 lots are planned for development in the first phase and 20 lots are planned for development in the second phase. Merril Quayle, Development Engineer, gave an overview of the 25.4 acres to be annexed into the City boundaries. He stated the Planning and Zoning Commission found that the request met the requirements of the City code. Mr. Quayle reviewed the conditions set by the Planning and Zoning Commission. He added that if the Council chooses to postpone condition No. 3, staff will bring the proposal to a Study Session and then to a regular Council meeting for a vote to determine the payment amount for water. Mr. Quayle stated that there is enough time to do this prior to recording of the plat and entering into an Annexation Agreement. Mayor Blad announced that no written correspondence had been received. Niki Taysom, 4604 Burley Drive, Chubbuck, spoke in opposition to the proposal and shared her concerns with increasing water fees and water rights. She feels residents should drill their own wells and maintain their own water supply. There being no further public comments, Mayor Blad closed the public hearing. A motion was made by Mr. Brown, seconded by Mrs. Nye, to accept the recommendations of staff and approve a request to annex approximately 25.4 acres of land extending the City limits east of Andrew Street and south of Owyhee Street with the following conditions: 1) the subject property shall be annexed into the corporate boundaries of the City of Pocatello; 2) upon annexation, the subject property shall be zoned Residential-Low Density (RL). This designation is consistent with adjacent residential properties currently within City of Pocatello corporate boundaries; and 3) the condition that the requirements of Resolution No. 2006-02 be resolved prior to the approval and recording of the final plat for this subdivision and that the decision be set out in the appropriate Council Decision format. Upon roll call, those voting in favor were Brown, Nye, Cooper, Johnston, Moore and Orr. REGULAR CITY COUNCIL MEETING 4 JULY 3, 2014 AGENDA ITEM NO. 8: Council was asked to consider waiving City ordinances to allow the WAVER REQUESTS Zoological Society to assist with the fundraising event, the 11th -POCATELLO Annual A Midsummer’s Night for the Zoo, on July 12, 2014 at the ZOOLOGICAL Outdoor Amphitheater area behind the Fort Hall Replica. The SOCIETY 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 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. Moore, to waive City ordinances to allow the Zoological Society to assist with the fundraising event, the 11th Annual A Midsummer’s Night for the Zoo, on July 12, 2014 at the Outdoor Amphitheater area behind the Fort Hall Replica and grant 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 and allow permission for an after-hours dinner at the Zoo, with the date of the event to be picked by the individual who wins the auction and grant permission to serve beer and wine, if the winner so chooses, and have the event in the park after hours according to guidelines for the dinner to be set by the Parks and Recreation Director and Zoo Superintendent. Upon roll call, those voting in favor were Nye, Moore, Brown, Cooper, Johnston and Orr. AGENDA ITEM NO. 9: Council was asked to consider a request by The Pocatello Sports “COUNCIL SELECT” Committee, represented by Mike Calley (mailing address: 1410 FUNDING REQUEST Kelsea Place, Pocatello ID 83201) that “Council Select” funds in –POCATELLO SPORTS the amount of $315.00 be used to pay for sanitation and recycle COMMITTEE fees in association with the Pocatello Marathon on Saturday, August 30, 2014 at Lower Ross Park. (As of June 27, 2014 $3,048.42 remained in the “Council Select” line item.) A motion was made by Mr. Johnston, seconded by Mr. Cooper, to approve a request by The Pocatello Sports Committee for “Council Select” funds in the amount of $250.00 to be used to pay for sanitation and recycle fees in association with the Pocatello Marathon on Saturday, August 30, 2014 at Lower Ross Park. Upon roll call, those voting in favor were Johnston, Cooper, Brown, Nye and Moore. Mr. Orr voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 10: Council was asked to consider an exception request from The EXCEPTION REQUEST Pocatello Sports Committee, represented by Mike Calley (mailing FOR VENDOR SALES/ address: 1410 Kelsea Place, Pocatello ID 83201) to allow vendor BEER PERMIT sales and the consumption of beer and wine for the Pocatello – POCATELLO SPORTS Marathon on August 30, 2014 from 9:00 a.m. through 3:00 p.m. in COMMITTEE Lower Ross Park, near the event finish line. The applicant will be required to meet all applicable City and State laws, submit the required applications, pay the applicable fees and provide liability insurance, naming the City as an additional insured. A motion was made by Mr. Moore, seconded by Mr. Orr, to grant an exception request from The Pocatello Sports Committee, to allow vendor sales and the consumption of beer and wine for the Pocatello Marathon on August 30, 2014 from 9:00 a.m. through 3:00 p.m. in Lower Ross Park, near the event finish line and that the applicant will a) be required to meet all applicable City and State laws; REGULAR CITY COUNCIL MEETING 5 JULY 3, 2014 b) submit the required applications; c) pay the applicable fees; and d) provide liability insurance, naming the City as an additional insured. Upon roll call, those voting in favor were Moore, Orr, Brown, Cooper, Johnston and Nye. AGENDA ITEM NO. 11: Council was asked to consider an exception request from Bannock EXCEPTION REQUEST County Democrats to allow the sale of food, silent auction items and FOR CONCESSION SALES/ beer at a fundraising event to be held at Sister City Park on July 26, BEER PERMIT-BANNOCK 2014. The park has been reserved from 4:30 p.m. to 8:00 p.m. on COUNTY DEMOCRATS that day and the applicant has submitted an application for a concession permit. Approval by the Council is necessary since Sister City Park is not specifically identified in City Code 5.06.020 and 12.36.060 as a park where concession sales and the consumption of such beverage is allowed. A motion was made by Mrs. Nye, seconded by Mr. Moore, to grant an exception request from Bannock County Democrats to allow the sale of food, silent auction items and beer at a fundraising event to be held at Sister City Park from 4:30 p.m. to 8:00 p.m. on July 26, 2014. Upon roll call, those voting in favor were Nye, Moore, Brown, Cooper, Johnston and Orr. AGENDA ITEM NO. 12: Council was asked to consider requests from the Good Neighbor USE AGREEMENT/ Days Committee, represented by Reverend Jim Jones of Blazing FEE WAIVER Grace Church (mailing address: 1250 Pershing Avenue, Pocatello REQUESTS -GOOD ID) for multiple events to be held in Lower Ross Park on July 18 NEIGHBOR DAYS and 19, 2014. The requests are: -MULTIPLE EVENTS a) Use Agreement for use of multiple areas in Lower Ross Park on July 18 and 19, 2014, subject to Legal Department review; and permission to be in the park until 10:00 p.m. to clean up after the events. (Proof of liability insurance has been provided by Blazing Grace Church naming the City as an additional insured); and -WAIVER OF THE b) Ross Park Aquatic Complex entry fees and Zoo entry fees on July FOLLOWING FEES: 19, 2014. A motion was made by Mr. Johnston, seconded by Mr. Moore, to approve Agenda Item No. 12(a) only and approve a Use Agreement for use of multiple areas in Lower Ross Park on July 18 and 19, 2014, and permission to be in the park until 10:00 p.m. to clean up after the events and that proof of liability insurance be provided by Blazing Grace Church, naming the City as an additional insured, subject to Legal Department review. Upon roll call, those voting in favor were Johnston, Moore, Brown, Cooper, Nye and Orr. AGENDA ITEM NO. 13: Council was asked to consider an exception to City Ordinances and EXCEPTION REQUEST allow participants of the ASA State Softball Tournament to camp TO ALLOW OVERNIGHT overnight in O.K. Ward Park on the evenings of July 10, 11 and 12, CAMPING-ASA STATE 2014 for the Idaho ASA 14-U State Softball tournament. SOFTBALL TOURNAMENT A motion was made by Mrs. Nye, seconded by Mr. Cooper, to grant an exception to City Ordinances and allow participants of the ASA State Softball Tournament to camp overnight in O.K. Ward Park on the evenings of July 10, 11 and 12, 2014 for the Idaho ASA 14-U State Softball tournament. Upon roll call, those voting in favor were Nye, Cooper, Brown, Johnston, Moore and Orr. REGULAR CITY COUNCIL MEETING 6 JULY 3, 2014 AGENDA ITEM NO. 14: Council was asked to consider entering into a Ground Lease LEASE AGREEMENT Agreement with Fairway Enterprises, Inc. for use of a parcel of – FAIRWAY ground located across from Riverside Golf Course. The parcel will ENTERPRISES, INC. be used to provide overflow parking for golf course patrons and the lease will be $2,500.00 per year. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve entering into a Ground Lease Agreement with Fairway Enterprises, Inc. for use of a parcel of ground located across from Riverside Golf Course and that the lease will be $2,500.00 per year. Upon roll call, those voting in favor were Moore, Nye, Brown and Johnston. Cooper and Orr voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 15: Council was asked to approve a resolution and authorize execution STATE/LOCAL of an agreement between the State of Idaho and City of Pocatello AGREEMENT AND for the Martin Luther King (MLK) Complete Streets Project, subject RESOLUTION-MLK to Legal Department review. This federal aid project will improve COMPLETE STREETS safety and mobility for pedestrians, bicyclists, and transit users while PROJECT maintaining efficient access for vehicles and emergency access. Construction is scheduled for Fiscal Year 2015. A motion was made by Mr. Brown, seconded by Mrs. Nye, to approve a resolution (2014-15) and authorize execution of an agreement between the State of Idaho and City of Pocatello for the Martin Luther King (MLK) Complete Streets Project, subject to Legal Department review. Upon roll call, those voting in favor were Brown, Nye, Cooper, Johnston, Moore and Orr. AGENDA ITEM NO. 16: Council was asked to accept the Fire Department’s recommendation FIRE FIGHTER HEALTH to renew a Professional Service Agreement with Emergency AND WELLNESS Responder Health Center in the amount of $62,800.00 to perform PHYSICALS- annual fire fighter health and wellness physicals. The total cost AGREEMENT includes 80 physicals over a 12-month period. A motion was made by Mrs. Nye, seconded by Mr. Brown, to accept the Fire Department’s recommendation to renew a Professional Service Agreement with Emergency Responder Health Center in the amount of $62,800.00 to perform 80 annual fire fighter health and wellness physicals over a 12- month period. Upon roll call, those voting in favor were Nye, Brown, Cooper, Johnston, Moore and Orr. There being no further business, Mayor Blad adjourned the meeting at 6:45 p.m. APPROVED: BRIAN C. BLAD, MAYOR REGULAR CITY COUNCIL MEETING 7 JULY 3, 2014 ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK