City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING JULY 17, 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 volunteer scheduled to offer an invocation was not present, so INVOCATION an invocation was not offered at the meeting. Mayor Blad announced Agenda Item No. 7 was pulled from the agenda at the request of the applicant. 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 26, 2014 Budget Development meeting and July 3, 2014 Executive Session. -TREASURERS (b) Consider the Treasurer’s report for June showing cash and REPORT investments as of June 30, 2014 in the amount of $22,842,031.38. -CDBG ADVISORY (c) Confirm the Mayor’s appointment of Shannon Ansley to serve as a COMMITTEE member of the Community Development Block Grant (CDBG) APPOINTMENT Advisory Committee, filling a long-term vacancy. Ms. Ansley’s term will begin July 18, 2014 and will expire January 1, 2017. A motion was made by Mr. Moore, seconded by Mr. Orr, to approve the items on the consent agenda. Upon roll call, those voting in favor were Moore, Orr, Brown, Cooper, Johnston and Nye. AGENDA ITEM NO. 4: Mayor Blad welcomed members from Boy Scout Troop 316. COMMUNICATIONS AND PROCLAMATIONS AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the August 7th Regular CALENDAR REVIEW Council meeting at 6:00 p.m. and the August 14th Study Session at 9:00 a.m. REGULAR CITY COUNCIL MEETING 2 JULY 17, 2014 Mayor Blad announced the Planning and Development Services Department will be closed on July 24th and 25th to allow staff to attend training; Skyfest at the Pocatello Airport will take place August 2nd from 9 a.m. to 3 p.m.; a Splash Dance at Ross Park Aquatic Center will be held August 7th; and the Transit Building Grand Opening will be held August 12th from 10 a.m. to 12 noon. Mayor Blad reminded the audience that nominations for the Mayor’s Award for the Arts are due Friday, July 18 at 5 p.m. AGENDA ITEM NO. 6: Jessica Pantel, 1234 South 2nd Avenue, shared her concerns DISCUSSION ITEMS regarding clean drinking water and potential toxins in water. FROM THE AUDIENCE Niki Taysom, 4604 Burley Drive, Chubbuck, shared her concerns regarding sales tax, pollution and proper treatment of citizens. Idaho Lorax, Pocatello resident, shared his concerns regarding alleged endangerment, watershed contamination and harassment. Mr. Lorax expressed his intentions to have the City Council members arrested on multiple charges. AGENDA ITEM NO. 7: As announced earlier, Agenda Item No. 7, appeal of taxi cab license APPEAL OF TAXI CAB denial for Ruben Guzman, was pulled from the agenda at the LICENSE DENIAL request of the applicant and will be heard by the Council at a later -GUZMAN date. AGENDA ITEM NO. 8: This time was set aside for the Council to receive comments from PUBLIC HEARING the public regarding a request from the City of Pocatello (mailing -EAST HUMBOLT STREET address: P.O. Box 4169, Pocatello, ID 83205) to vacate and abandon VACATION REQUEST the public’s interest in the right of way of the 200 block of East Humbolt Street, between 1st and 2nd Avenues. Mayor Blad opened the public hearing. Arlyn Rassmussen, Interim Sanitation Superintendent, gave an overview of the property and proposed use, if the vacation is approved. In response to questions by Council, Merril Quayle, Development Engineer, stated that although right- of-way vacations do not happen often, they have been necessary in the past and he listed a few areas in which right-of-way vacations had been granted. He stated once in place, reversal of a vacation is not typical. Matthew Lewis, Planning Manager, stated that no written communication had been received and staff recommended approval with the following conditions: 1) a 60-foot wide easement shall be retained over the vacated right-of-way to protect existing storm water, sanitary sewer, and gas line. No permanent structures will be permitted within the subject easement; 2) easements for all utility services shall be created and recorded at the County; 3) all required fees, including the appraisal amount totaling $59,000.00 shall be paid and conditions of vacation approval met prior to publication of the vacation ordinance; and 4) any other requirements not herein noted above but applicable as part of an approved vacation shall be strictly adhered to. Niki Taysom, 4604 Burley Drive, Chubbuck, spoke in opposition to the proposed vacation and feels the transit center should have been demolished and the new facility built on that property. REGULAR CITY COUNCIL MEETING 3 JULY 17, 2014 There being no further public comments, Mayor Blad closed the public hearing. A motion was made by Mr. Brown, seconded by Mr. Cooper, to vacate and abandon the public’s interest in the right-of-way of the 200 block of East Humbolt Street, between 1st and 2nd Avenues with the conditions as recommended by staff and that the decision be set out in the appropriate Council Decision format. Upon roll call, those voting in favor were Brown, Cooper, Johnston, Moore, Nye and Orr. AGENDA ITEM NO. 9: This time was set aside for the Council to receive comments from PUBLIC HEARING the public and consider adopting the South 5th Avenue Urban –SOUTH 5TH AVENUE Renewal Area Improvement Plan and projects associated therewith. URBAN RENEWAL AREA The proposed area consists of real property parcels containing IMPROVEMENT AND approximately 871 acres in the South 5th Avenue area; Stockman REVENUE ALLOCATION Road to Union Pacific Railroad; and approximately 5000 South 5th DISTRICT PLANS Avenue to Stansbury Street. The proposed plan was reviewed and recommended for approval by the Pocatello Development Authority on April 16, 2014 and the Planning and Zoning Commission on May 8, 2014. The base year will be 2014 and the area is anticipated to be in effect through tax year 2034. Mayor Blad opened the public hearing. Lon Crowell, Planning and Development Director, gave an overview of the property and a brief history of the proposed Improvement Plan. He explained that Urban Renewal is the only option available to cities in Idaho to pay for growth and infrastructure. Mr. Crowell stated the City of Pocatello has had great success in closing districts early and aiding in the growth of areas. In response to questions from Council, Mr. Crowell stated the proposed action will not have an impact on surrounding residential properties, unless property owners improve their property. He added that there were no plans underway to relocate any residents in the Urban Renewal district. Mr. Crowell stated two companies have requested assistance regarding storm drains and other improvements. He explained that the Pocatello Development Authority would consider various improvements at a later date. Mr. Crowell stated that of the two companies that have interest in developing the area, one is a retail establishment. He emphasized that typically, in Pocatello, improvement of infrastructure leads to creation of jobs. Mayor Blad announced no written testimony had been received. Mike Seibert, 1665 Pocatello Creek Road, spoke in support of the proposal. He feels the City has had great success with Urban Renewal districts and he would like to see expansion in the area. Jessical Pantel, 1234 South 2nd Avenue, spoke in support of the proposal and stated she has observed that many places in the area need improvement. Niki Taysom, 4604 Burley Drive, Chubbuck, spoke in opposition to the proposal. She shared her concerns regarding increased property taxes and alleged misuse of funds. Idaho Lorax, Pocatello resident, spoke in opposition to the proposal. Mr. Lorax addressed the need to chip seal and fog coat the streets. There being no further public comments, Mayor Blad closed the public hearing A motion was made by Mr. Moore, seconded by Mr. Johnston, to adopt the South 5th Avenue Urban REGULAR CITY COUNCIL MEETING 4 JULY 17, 2014 Renewal Area Improvement Plan and projects associated therewith of an area consisting of real property parcels containing approximately 871 acres in the South 5th Avenue area; Stockman Road to Union Pacific Railroad; and approximately 5000 South 5th Avenue to Stansbury Street and direct Legal Department to prepare an ordinance. Mr. Brown clarified that Urban Renewal laws are determined by State of Idaho code and stated incremental growth does not impact property tax increases. Mr. Moore’s motion was voted upon at this time. Upon roll call, those voting in favor were Moore, Johnston, Brown, Cooper, Nye and Orr AGENDA ITEM NO. 10: This time was set aside for the Council to receive comments from PUBLIC HEARING the public on proposed changes to utility rates, including Sanitation, -UTILITY RATE Water and Water Pollution Control rates. CHANGES Mayor Blad opened the public hearing Dave Swindell, Chief Financial Officer, gave an overview of the proposed changes to utility rates. He explained Sanitation and Water rate increases will be in effect October 1, 2014. However, because of the EPA mandates for the WPC facility, sewer rates will be effective August 1, 2014. Jon Herrick, Water Pollution Control (WPC) Superintendent, gave an overview of required changes regarding EPA regulations and the reasons for proposed changes to utility rates. Mr. Swindell gave an overview of the plan to finance the proposed project at the lowest possible cost to the City and residents. Mayor Blad announced one letter in opposition to the proposal had been received and given to Council members. Fred Davies, Pocatello resident, spoke in support of the proposal. He shared that he is an engineer and understands the need to generate revenue and reduce pollutants. Mr. Davies commended the Council for the City’s ability to provide services at reasonable rates. Niki Taysom, 4604 Burley Drive, Chubbuck, spoke in opposition to the proposed changes. She feels that other options are available to alleviate problems regarding phosphate removal. Idaho Lorax, Pocatello resident, spoke uncommitted to the proposed changes to the utility rates. He stated he is opposed to dumping in the river and supports efforts to remove or reduce pollutants. There being no further public comments, Mayor Blad closed the public hearing. AGENDA ITEM NO. 11: Council was asked to adopt a resolution, with exhibits, increasing RESOLUTION selected annual fee revenue collections beginning August 1, 2014 in –SANITATION, WATER the Water Pollution Control (WPC) Department and beginning AND WPC RATES October 1, 2014 in the Sanitation and Water Departments. The fee and program costs increases are due to the additional cost of administration, operations, and maintenance of the various programs. In response to a question from Council, John Herrick, Water Pollution Control (WPC) Supervisor, REGULAR CITY COUNCIL MEETING 5 JULY 17, 2014 stated that if the City did not move forward with upgrades to reduce allowable phosphate, the EPA has the ability to fine the City of Pocatello $37,500.00 per day, per violation. Mr. Brown clarified that water is tested as it is released from WPC, not further down the river. He added that there have been cases where cities have received multi-million dollar fines by the EPA for violations. A motion was made by Mrs. Nye, seconded by Mr. Johnston, to adopt a resolution (2014-16), with exhibits, increasing selected annual fee revenue collections beginning August 1, 2014 in the Water Pollution Control (WPC) Department and beginning October 1, 2014 in the Sanitation and Water Departments. Upon roll call, those voting in favor were Nye, Johnston, Brown, Cooper, Moore and Orr. AGENDA ITEM NO. 12: Bannock County Bluegrass Festival, represented by Ken Elder “COUNCIL SELECT” (mailing address: 5707 Moses, Chubbuck ID 83202) is requesting FUNDING REQUEST that “Council Select” funds in the amount of $200.00 be used to –BLUEGRASS FESTIVAL assist with Fairground rental, posters and flyers in connection with the 11th Annual Bluegrass Festival to be held August 22 through 24, 2014. (As of July 11, 2014 $2,798.42 remained in the “Council Select” line item.) Ken Elder, 5707 Moses, Chubbuck, gave an overview of the activities planned for the Bluegrass Festival. A motion was made by Mr. Cooper, seconded Mr. Moore, to approve a request by Bannock County Bluegrass Festival, represented by Ken Elder, that “Council Select” funds in the amount of $200.00 be used to assist with expenses in connection with the 11th Annual Bluegrass Festival to be held August 22 through 24, 2014. Upon roll call, those voting in favor were Cooper, Moore, Brown, Johnston, Nye and Orr. AGENDA ITEM NO. 13: Portneuf Greenway Foundation, represented by Dan Harelson “COUNCIL SELECT” (mailing address: 1361 Jane Street, Pocatello ID 83201) is requesting FUNDING REQUEST that “Council Select” funds in the amount of $250.00 be used for –PORTNUEF GREENWAY sanitation costs in connection to a fundraising event at Raymond FOUNDATION Park on August 16, 2014. Funds raised from the event will be used toward building trails in the community. (As of July 11, 2014 $2,798.42 remained in the “Council Select” line item.) Dan Harelson, 1361 Jane Street, stated the “Council Select” funds would be used for garbage containers needed for the event and gave an overview of activities planned for the event. A motion was made by Mr. Brown, seconded by Mr. Johnston, to approve a request from Portneuf Greenway Foundation, represented by Dan Harelson, that “Council Select” funds in the amount of $250.00 be used for sanitation costs in connection to a fundraising event at Raymond Park on August 16, 2014. Upon roll call, those voting in favor were Brown, Johnston, Cooper, Moore, Nye and Orr. AGENDA ITEM NO. 14: Council was asked to approve a request from Portneuf Greenway RESTRICTED PARK Foundation, represented by Dan Harelson (mailing address: 1361 REGULAR CITY COUNCIL MEETING 6 JULY 17, 2014 HOURS EXCEPTION Jane Street, Pocatello ID 83201) for an exception to City Code REQUEST-PORTNEUF 12.36.020 for their annual Riverfest event on August 16, 2014 at GREENWAY Raymond Park. The Foundation seeks permission to allow a live FOUNDATION band to perform until 10:00 p.m. and then allow staff to remain in the park until 11:00 p.m. for clean-up. City Ordinance 12.36.20 states that City parks close one-half hour after sunset. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve a request from Portneuf Greenway Foundation, represented by Dan Harelson for an exception to City Code 12.36.20 for their annual Riverfest event on August 16, 2014 at Raymond Park to allow a live band to perform until 10:00 p.m. and then allow staff to remain in the park until 11:00 p.m. for clean-up. Upon roll call, those voting in favor were Moore, Nye, Brown, Cooper, Johnston and Orr. AGENDA ITEM NO. 15: Council was asked to grant an exception to City Code 5.06.020 to CONCESSION PERMIT allow the following mobile concessions on various city streets: REQUESTS-MOBILE STANDS GRIND a) Crystal Keehn, dba Grind, to operate a mobile coffee/food concession on city streets and various locations within the City. Ms. Keehn will provide the required liability insurance, naming the City as an additional insured, and meet Southeast Idaho Public Health requirements. Ms. Keehn would like to operate her business year round; and THAT ONE b) Darrell T. Foxx Jr., dba That One Food Stand, to operate a mobile FOOD STAND food concession on city streets and various locations within the City. Ms. Foxx has provided the required liability insurance, naming the City as an additional insured, and has met Southeast Idaho Public Health requirements. Mr. Foxx would like to operate his business through September 30 and during the Parade of Lights event in November 2014. In response to questions from Council, Crystal Keehn stated that her proposed mobile coffee/food concession stand would be primarily on private property and business property. A motion was made by Mr. Johnston, seconded by Mr. Cooper, to approve Agenda Items 15(a) and 15(b) for exceptions to City Code 5.06.020 to allow mobile concessions on various city streets. Upon roll call, those voting in favor were Johnston, Cooper, Brown, Moore, Nye and Orr. AGENDA ITEM NO. 16: Portneuf Valley Brewing LLC (mailing address: 615 South First TEMPORARY ROAD Avenue, Pocatello ID 83201) represented by Penny Nichols Pink, is CLOSURE AND OPEN requesting to close the 600 block of South 1st Avenue, and is also CONTAINER WAIVER asking for a waiver of City ordinances regarding open containers to REQUESTS allow the sale of beer and wine at a September 27, 2014 fundraiser for Pebble Creek Ski Patrol. Portneuf Valley Brewing is requesting that the streets be closed from Noon until Midnight for the event. If the open container ordinance is waived it should be contingent upon the applicant meeting Police Department requirements and the appropriate catering permits being purchased. A motion was made by Mr. Moore, seconded by Mrs. Nye, to grant the request to close the 600 block of South 1st Avenue on September 27, 2014 from 12:00 noon until midnight and grant a waiver of City REGULAR CITY COUNCIL MEETING 7 JULY 17, 2014 ordinances regarding open containers to allow the sale of beer and wine at a fundraiser, contingent upon the applicant meeting Police Department requirements and the appropriate catering permits being purchased. Upon roll call, those voting in favor were Moore, Nye, Brown, Cooper, Johnston and Orr. AGENDA ITEM NO. 17: Council was asked to authorize the Mayor to sign a Memorandum of IDAHO ARMY Understanding (MOU) between the City of Pocatello and the Idaho NATIONAL GUARD Army National Guard. The MOU stipulates that in the future, the MOU-AIRPORT City will provide 30 acres of contiguous property at the Pocatello Regional Airport for a readiness center and field maintenance support facility, once the project has been funded by Congress or added to the Future Years Defense Plan. The terms of the lease agreement will be negotiated at a later date. A motion was made by Mr. Orr, seconded by Mr. Cooper, to authorize the Mayor to sign a Memorandum of Understanding between the City of Pocatello and the Idaho Army National Guard stipulating that in the future, the City will provide 30 acres of contiguous property at the Pocatello Regional Airport for a readiness center and field maintenance support facility, once the project has been funded by Congress or added to the Future Year Defense Plan and that the terms of the lease agreement will be negotiated at a later date. Upon roll call, those voting in favor were Orr, Cooper, Brown, Johnston, Moore and Nye. AGENDA ITEM NO. 18: Council was asked to approve and authorize the Mayor to sign the LEASE AGREEMENTS following lease agreements, subject to Legal Department review, for –AIRPORT property located at the Pocatello Regional Airport: WEBBCO RED-E-FUEL a) Lease approximately one (1) acre of property for the purpose of displaying construction equipment that is for sale. The lease will be for a one-year term with four (4) one-year renewal options. The rental rate will be $863.34 per year and will be increased annually at least by the amount of the CPI for the previous year; and POCATELLO TRAP b) Lease approximately 34.2 acres of property for the purpose of CLUB operating a trap shooting club. The lease will be for a one-year term with 4 one-year renewal options. The rental rate will be $1,278.89 per year and increased annually by the amount of the CPI for the previous year. The lease includes waivers of City Code 11.02.160 and 9.32.020, which prohibit discharging a firearm on airport property and in city limits, as long as the lease agreement remains in force. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve and authorize the Mayor to sign the following lease agreements, subject to Legal Department review, for property located at the Pocatello Regional Airport: a) lease approximately on (1) acre of property for the purpose of displaying construction equipment that is for sale for a one-year term with four (4) one-year renewal options with a rental rate of $863.34 per year and will be increased annually at least by the amount of the CPI for the previous year; and b) lease approximately 34.2 acres of property for the purpose of operating a trap shooting club and that the lease will be for a one-year term with four (4) one-year renewal options at a rental rate of $1,278.89 per year and increased annually by the amount of the CPI for the previous year and that the lease includes waivers of City Code 11.02.160 and 9.32.020, which prohibit discharging a firearm on airport property and in city limits, as long as the lease agreement remains in force. Upon roll call, those voting in favor were Moore, Nye, Brown, Cooper, Johnston and Orr. REGULAR CITY COUNCIL MEETING 8 JULY 17, 2014 AGENDA ITEM NO. 19: Council was asked to approve and authorize the Mayor to sign a CONSENT TO LEASE Consent to Lease Agreement replacing the lease agreement for AGREEMENT-AIRPORT Hangar No. 119 between the City and Sandy Bakken. Ms. Bakken would like to assign her rights under the lease to Mr. Gary Shipley. The assignment will not change any terms or conditions of the existing lease agreement. A motion was made by Mr. Johnston, seconded by Mr. Brown, to approve and authorize the Mayor to sign a Consent to Lease Agreement replacing the lease agreement for Hangar No. 119 between the City and Sandy Bakken, assigning Ms. Bakken’s rights under the lease to Mr. Gary Shipley, and that the assignment will not change any terms or conditions of the existing lease agreement. Upon roll call, those voting in favor were Johnston, Brown, Cooper, Moore, Nye and Orr. AGENDA ITEM NO. 20: Council was asked to approve the annual Operating Plan between 2014 ANNUAL the local district of both the Bureau of Land Management and the US OPERATING PLAN Forest Service; and the City of Pocatello. This is an annual –FIRE DEPARTMENT requirement supplement to the long standing agreement which allows for federal and local agency cooperation in the prevention, detection and suppression of wildland fires within the protection areas of parties signatory to the agreement. A motion was made by Mr. Moore, seconded by Mr. Cooper, to approve the annual Operating Plan between the local district of both the Bureau of Land Management and the Forest Service; and the City of Pocatello which allows for federal and local agency cooperation in the prevention, detection and suppression of wildland fires within the protection areas of parties signatory to the agreement. Upon roll call, those voting in favor were Moore, Cooper, Brown, Johnston, Nye and Orr. AGENDA ITEM NO. 21: Council was asked to consider an ordinance which annexes a parcel ORDINANCE of land comprised of approximately 25.45 acres owned by Pocatello -ANNEXATION OF Creek Development, Inc. The parcel is located east of Andrew LAND EAST OF Street and south of Owyhee Street. It will be zoned Residential-Low ANDREW STREET AND Density (RL) with a Comprehensive Plan designation of SOUTH OF OWYHEE “Residential.” STREET A motion was made by Mr. Moore, seconded by Mrs. Nye, that the ordinance, Agenda Item 21, 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, Nye, Brown, Cooper, Johnston and Orr. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance authorizing the annexation of a parcel of land comprised of approximately 25.45 acres owned by Pocatello Creek Development, Inc., located east of Andrew Street and south of Owyhee Street. It will be zoned Residential-Low Density (RL) with a Comprehensive Plan designation of “Residential.” Mayor Blad asked “Shall the ordinance pass?” Upon roll call, those voting in favor were Brown, Cooper, Johnston, Moore, Nye and Orr. Mayor Blad REGULAR CITY COUNCIL MEETING 9 JULY 17, 2014 declared the ordinance and summary sheet passed, that it be numbered 2935 and be submitted to the Idaho State Journal for publication. There being no further business, Mayor Blad adjourned the meeting at 7:47 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK