City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2014 CLARIFICATION The City Council Agenda Clarification meeting was called to order at MEETING 5:35 p.m. by Mayor Brian Blad. Council members present were Steve Brown, Craig Cooper, Gary Moore, Eva Johnson Nye and Michael L. Orr. Council member Jim Johnston was 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 6:00 p.m. by ROLL CALL AND Mayor Brian Blad. Council members present were Steve Brown, PLEDGE OF Craig Cooper, Gary Moore, Eva Johnson Nye and Michael L. Orr. ALLEGIANCE Council member Jim Johnston was excused. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was given by Ben LaBarge from the Salvation Army. INVOCATION 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 Clarification and Regular Council meetings of August 7, August 21, September 4, October 2 and October 16, 2014; Executive Sessions of October 2 and 16, 2014; and October 9, 2014 Study Session. -PAYROLL AND (b) Payroll and material claims for the month of October 2014 in the MATERIAL CLAIMS amount of $7,129,230.23. -PARKS AND (c) Confirm the Mayor’s reappointment of Harlow Andersen to RECREATION continue his service as a member of the Parks and Recreation ADVISORY BOARD Advisory Board, representing the Friends of the Cemetery REAPPOINTMENT Committee. Mr. Andersen’s term will begin October 6, 2014 and will expire October 6, 2016. -IDAHO (d) Approve an Agreement with Idaho Transportation Department TRANSPORTATION (ITD) to have Pocatello Police officers teach Alive at 25 curriculum DEPARTMENT which is sponsored by ITD. Alive at 25 is a driver awareness ALIVE AT 25 program aimed at reducing fatal and serious injury in young drivers. AGREEMENT The Police Department will provide instructors to present the curriculum on an overtime status and ITD will reimburse the City for the overtime expense. REGULAR CITY COUNCIL MEETING 2 NOVEMBER 6, 2014 -TRAFFIC (e) Approve an Agreement with Idaho Transportation Department. ENFORCEMENT The Agreement will allow the Pocatello Police Department (PPD) to MOBILIZATION receive reimbursement for overtime costs associated with Idaho’s AGREEMENT Traffic Enforcement Mobilization for 2015. PPD has participated in –POLICE the Agreement for several years and mobilizations are an important part of the Department’s traffic safety program. -PLANNING AND (f) Approve a Volunteer Agreement between the City and Kate Walker DEVELOPMENT to allow Ms. Walker to serve as an intern with the City’s Planning SERVICES and Development Services Department beginning November 6, INTERNSHIP 2014 through May 31, 2015. Ms. Walker’s position will be paid by AGREEMENT-WALKER and through the Idaho State University Career Paths Internship Program at no cost to the City. A motion was made by Mr. Moore, seconded by Mr. Cooper, to approve the items on the consent agenda. Upon roll call, those voting in favor were Moore, Cooper, Brown, Nye and Orr. AGENDA ITEM NO. 4: Mayor Blad announced there were no proclamations. He welcomed COMMUNICATIONS cub scouts from Scout Pack No. 353 and boy scouts from Troop AND PROCLAMATIONS No. 145. AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the November 13th Study CALENDAR REVIEW Session at 9:00 a.m. immediately followed by an Executive Session, which will be followed by a Council Working lunch; November 20th Executive Session at 5:00 p.m. and Regular Council meeting at 6:00 p.m. Mayor Blad announced that City Offices would be closed on November 11th to observe Veterans Day. However, garbage and recycling pickups will remain on their regularly scheduled days; and the Sanitation Department annual leaf pick-up program will take place November 10th through November 21st. He reminded citizens that only leaves in compostable bags would be eligible for pick-up on the regular collection day. AGENDA ITEM NO. 6: Confirm the Mayor’s appointment of Chris Sorensen as the Chief APPOINTMENT Information Officer to be effective November 17, 2014. CONFIRMATION OF CHIEF INFORMATION OFFICER A motion was made by Mr. Moore, seconded by Mr. Cooper, to approve the appointment of Chris Sorensen as the Chief Information Officer, effective November 17, 2014. Upon roll call, those voting in favor were Moore, Cooper, Brown, Nye and Orr. AGENDA NO. 7: Joshua Graves was present to appeal the decision of Police APPEAL-TAXI CAB Department staff which denied Mr. Graves a Taxi Cab license. LICENSE DENIAL -GRAVES Sergeant Tim Dillon, Pocatello Police Department, gave an overview of the violations which led to Mr. Graves’ taxi cab license denial. REGULAR CITY COUNCIL MEETING 3 NOVEMBER 6, 2014 Mr. Graves gave an overview of the violations regarding forgery, battery, and hunting/trapping without a license. He stated he has made restitution for all violations and has remained free of any violations since 2008. In response to a question from Council, Mr. Graves stated he has been offered employment with Sam’s Taxicab in Pocatello if his taxi cab license application is approved. A motion was made by Mr. Moore, seconded by Mr. Brown, to overturn the decision of Police Department staff and approve a Taxi Cab license for Joshua Graves. Upon roll call, those voting in favor were Moore, Brown, Cooper and Nye. Mr. Orr voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 8: John and Kristine Fenstermaker (mailing address: 2225 Satterfield APPEAL-CONSTRUCTION Drive, Pocatello ID 83201) were present to appeal the Construction BOARD OF APPEALS Board of Appeals and Review’s denial of a fence variance for their AND REVIEW DENIAL property at 2225 Satterfield Drive. -2225 SATTERFIELD DRIVE John Fenstermaker, 2225 Satterfield Drive, gave an overview of the property in question and his plan to construct a fence on the property at 2225 Satterfield Drive. He shared pictures with the Council outlining proposed fence lines. Mr. Fenstermaker stated that the Construction Board of Appeals upheld City Code requiring an 18-20 foot setback for fences. He asked that the Council approve the appeal to have a 10-foot setback, in order to maximize usable space in his yard. Mr. Fenstermaker added that they are asking Council to allow a six (6) foot fence, rather than a four (4) foot fence, as written in the building code. Council discussion followed regarding the fence variance requested by the Fenstermakers. Kristine Fenstermaker, 2225 Satterfield Drive, stated that she and her husband would be willing to construct the fence to the edge of the adjoining neighbor’s fence, if the appeal is granted. Lynn Transtrum, Building Official, explained the fence ordinance has specific setbacks and 4-foot height requirements in order to alleviate obstructions and allow a clear view in front of homes. In response to a question from Council, Mr. Transtrum added that the building code relating to fences has remained unchanged during his tenure with the City of Pocatello, which is over 20 years. A motion was made by Mrs. Nye, seconded by Mr. Moore, to allow John and Kristine Fenstermaker to build a 6-foot fence with 10-foot setbacks from the sidewalk with the condition that Mr. and Mrs. Fenstermaker remove the fence owned by their neighbor, Dave Stalnaker, and that written consent be received from Mr. Stalnaker before a fence permit can be issued. Upon roll call, those voting in favor were Nye, Moore, Brown and Cooper. Mr. Orr voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 9: This time was set aside for the Council to hear comments from the PUBLIC HEARING public regarding a request by BBAD Investments, LLC (mailing –VACATION OF address: 2227 East Center Street, Pocatello ID 83201) and Spartan DEEDED RIGHT OF University Home, LLC (mailing address: PO Box 11, Pocatello ID WAY/APEX ROAD 83204) to vacate and abandon the public’s interest in the undeveloped deeded right-of-way and construction easements near the end of Apex Road to the northwest of Buckskin Road. Planning staff recommended approval with conditions. REGULAR CITY COUNCIL MEETING 4 NOVEMBER 6, 2014 Mayor Blad opened the public hearing. Bill Isley, 2227 East Center Street, stated he is the current owner of a parcel of land near the end of Apex Road to the northwest of Buckskin Road and that the property is being sold to Spartan University Home, LLC. He gave an overview of the history of the property and stated the right-of-way was given to the City 43 years ago, but the road was never built and improvements were never installed. BBAD Investments, LLC and Spartan University Home, LLC representatives are asking that the area be vacated so the development may proceed and that a new road be constructed as development progresses. Matt Lewis, Planning Manager, gave an overview of the property and explained that the property was deeded to the City of Pocatello in 1971. He added that Resolution No. 1999-34 establishes a process for valuation of property by a certified appraiser. Mr. Lewis stated that since the property has not been upgraded since deeded to the City, the Legal Department recommended an exception to Resolution No. 1999-34 be granted and the City accept the proposed compensation of $25,015.00. Mayor Blad announced no written correspondence had been received. Niki Taysom, 4604 Burley Drive, Chubbuck, spoke in opposition to the proposal, and questioned upcoming developments planned for the area. Mr. Isley clarified that the property in question has never been developed and he is comfortable with the conditions recommended by the Planning and Development Services staff. In response to questions from Council, Mr. Lewis stated that development plans will be brought before the City when the area goes through the platting process. He added that the road design which will be required to meet City standards will be considered at that time. Mr. Lewis stated that the development may progress in phases, as many subdivisions do. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve a request by BBAD Investments, LLC and Spartan University Home, LLC to vacate and abandon the public’s interest in the undeveloped deeded right-of-way and construction easements near the end of Apex Road to the northwest of Buckskin Road with the following conditions: 1) The legal description for the proposed vacation of a portion of the unimproved right-of-way commonly known as Apex Road together with the adjoining easements shall be stamped by a Land Surveyor licensed by the State of Idaho, and reviewed by the City Surveyor and approved by the Legal Department; 2) the applicant, Spartan University Home, LLC did not have an appraisal of the deeded right-of-way due in part to the lack of improvements on the ground. In this case, the applicant is proposing to compensate the City in the amount of $25,015.00. The City Legal Department recommends an exception be granted based on the reasoning noted in the memo dated October 28, 2014 from Rich Diehl regarding the proposed vacation of right-of-way and that said payment shall be made prior to recording of the Ordinance; 3) when development occurs on the approximate 53-acre parcel the owner of said parcel will be required to have right-of-way (ROW) platted, designed, and constructed to City standards and the platted ROW shall be extended to Buckskin Road and dedicated to the public; and 4) any other requirements not herein noted above but applicable as part of an approved vacation shall be strictly adhered to and that the decision be set out in appropriate Council decision format. Upon roll call, those voting in favor were Moore, Nye, Brown, Cooper and Orr. AGENDA ITEM NO. 10: Council was asked to consider a request from Mike Popovich, Pastor REGULAR CITY COUNCIL MEETING 5 NOVEMBER 6, 2014 RIGHT OF WAY of First Baptist Church (mailing address: 408 North Arthur Avenue, USE LICENSE Pocatello ID 83204) for a right-of-way use license to construct and -408 NORTH ARTHUR maintain two (2) decorative street lights and associated power AVENUE located in the City’s right-of-way (sidewalk area) at 408 North Arthur Avenue. Engineering Services Division, Traffic Engineering and Legal Department staff recommended approval of the request. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve a request from Mike Popovich for a right-of-way use license to construct and maintain two (2) decorative street lights and associated power located in the City’s right-of-way (sidewalk area) at 408 North Arthur Avenue with the following conditions: 1) the grantee shall provide public liability insurance coverage in the amount of Idaho Tort Liability Limits (currently $500,000.00) to indemnify the City from any claims which might arise out of the Grantee’s use of the City’s property. Proof of such coverage must be provided annually; failure to do so will result in termination of this license. Grantee agrees to hold the City harmless from any and all claims or damages arising from the use of the City’s property; 2) Grantee agrees and understands that the use under this License is limited to lighting improvements and that no other improvements will be made without prior written permission by the City; and 3) this License is revocable and shall be terminated upon sixty (60) days written notice if it is determined by the Grantor that it is in the City’s best interests that said License should be revoked. Grantee may terminate this License upon sixty (60) days written notice to the City. Upon roll call, those voting in favor were Moore, Nye, Brown, Cooper and Orr. AGENDA ITEM NO. 11: Steve Ernst (mailing address: 114 Davis Drive, Pocatello ID 83201) SHORT PLAT and Rocky Mountain Engineering and Surveying (mailing address: -VISTA VILLAGES 2043 East Center Street, Pocatello ID 83201) have submitted an application for a short plat. The proposal calls for the platting of approximately 3.29 acres into 4 residential lots located on Vista Drive. The subdivision is to be known as Vista Villages. At their meeting on October 22, 2014, the Planning and Zoning Commission recommended approval of the plat with conditions. A motion was made by Mr. Brown, seconded by Mrs. Nye, to approve the submitted application for a short plat of approximately 3.29 acres into 4 residential lots located on Vista Drive and that the subdivision will be known as Vista Villages upon the following conditions: 1) All engineering comments contained in a memorandum dated October 15, 2014 from Merril Quayle shall apply; 2) the final plat shall be prepared in accordance with applicable State and City subdivision plat standards; 3) paved turnarounds may be required for Lots 2 and 3 based on structure location. Turnarounds must comply with International Fire Code Appendix D; 4) existing 8-inch mainline stubbed into the property will need to be abandoned. The fire hydrant and water services for Lots 1, 2 and 3 will need to be tapped into the 8-inch mainline that runs parallel to the right-of-way line of Vista Drive and ensure that meter boxes and hydrants are placed within the right-of-way of Vista Drive; 5) an “R” restriction and note shall be placed on Lots 2 and 3 prohibiting construction of any permanent structures or grading beyond the 20-foot wide easement; 6) Idaho Power representatives are requiring additional utility easements, specifically, a 15-foot wide easement shall be provided along the northern and southern boundaries of Lot 1 and western and southern boundaries of Lot 4; 7) all corrections noted by City representatives on the preliminary plat shall be made prior to submittal of the final plat; and 8) all other standards or conditions Municipal Code not herein stated but applicable to residential development shall apply and that the decision be set out in appropriate Council decision format. Upon roll call, those voting in favor were Brown, Nye, Cooper, Moore and Orr. AGENDA ITEM NO. 12: Council was asked to approve the renewal of a Lease Agreement in REGULAR CITY COUNCIL MEETING 6 NOVEMBER 6, 2014 LEASE AGREEMENT the amount of $290.00 annually with Sue and Lynda Honas under –HONAS which they will lease City owned land for pasture use. The term of the agreement is one year, with two renewable one-year terms, for a total of three years. A motion was made by Mr. Moore, seconded by Mr. Orr, to approve the renewal of a Lease Agreement with Sue and Lynda Honas under which they will lease City owned land for pasture use and that the term of the agreement is one year, with two renewable one-year terms, for a total of three years, subject to Legal Department review. Upon roll call, those voting in favor were Moore, Orr, Brown, Cooper and Nye. AGENDA ITEM NO. 13:Council was asked to authorize the Mayor to enter into a PROFESSIONAL Professional Service Agreement, on behalf of the Pocatello SERVICE AGREEMENT Arts Council, with Painted Frog Design. This agreement consists –PAINTED FROG of Painted Frog Design loading art inventory (approximately DESIGN 250 pieces) to the Arts Council’s website for a flat fee and maintaining the website at an hourly rate. The Arts Council has verified the funds for these services are available in their budget which is allotted by the City of Pocatello. A motion was made by Mr. Brown, seconded by Mrs. Nye, to authorize the Mayor to enter into a Professional Service Agreement, on behalf of the Pocatello Arts Council, with Painted Frog Design to load art inventory (approximately 250 pieces) to the Arts Council’s website for a flat fee and maintaining the website at an hourly rate, subject to Legal Department review. Upon roll call, those voting in favor were Brown, Nye, Cooper, Moore and Orr. AGENDA ITEM NO. 14: Council was asked to approve the purchase of Police patrol vehicles PIGGY BACK BID from Goode Ford of Burley, Idaho as a piggy-back to the State of -POLICE VEHICLES Idaho bid. The vehicles are: INTERCEPTOR a) Four (4) Ford Interceptor sedans in the amount of $111,332.00; SEDANS INTERCEPTOR b) Two (2) Interceptor SUVs in the amount of $54,322.00; and SUVS INTERCEPTOR c) One (1) additionally equipped Ford Interceptor SUV in the amount SUV of $27,751.00. Funds are available to purchase these vehicles in the Police Department’s Fiscal Year 2015 budget. A motion was made by Mr. Orr, seconded by Mr. Cooper, to approve the purchase of Police patrol vehicles from Goode Ford of Burley, Idaho as a piggy-back to the State of Idaho bid as outlined in Agenda Item Nos. 14(a) through 14(c), subject to Legal Department review. Upon roll call, those voting in favor were Orr, Cooper, Brown, Moore and Nye. AGENDA ITEM NO. 15: Council was asked to approve the purchase of one (1) 2015 REGULAR CITY COUNCIL MEETING 7 NOVEMBER 6, 2014 PIGGY BACK BID International cab/chassis with a Galbreath roll-off hoist in the -SANITATION amount of $160,744.00 as a piggy-back purchase from a City of EQUIPMENT Pocatello 2014 bid. This truck purchase is in accordance with the Sanitation Department’s normal equipment replacement schedule. Funds are allocated in the Fiscal Year 2015 Sanitation Department budget. A motion was made by Mr. Brown, seconded by Mr. Moore, to approve the purchase of one (1) 2015 International cab/chassis with a Galbreath roll-off hoist in the amount of $160,744.00 as a piggy-back purchase from a City of Pocatello 2014 bid. Upon roll call, those voting in favor were Brown, Moore, Cooper, Nye and Orr. AGENDA ITEM NO. 16: Council was asked to accept the recommendations of staff and BIDS-WATER award the following bids for Water Department equipment received DEPARTMENT October 16, 2014 to the lowest responsive bidder. The recommended bids are: 4 X 4 PICKUPS a) Two (2) ½-ton 4X4 Standard Cab Pickups to Smith Chevrolet in the amount of $23,073.72 per unit for a total of $46,147.44; CAB CHASSIS AND b) One (1) 1-ton cab chassis with dump body to Smith Chevrolet in the DUMP BODY amount of $37,363.22; DUMP TRUCK c) One (1) 10-cubic yard dump truck to Schows Truck Centers in the amount of $132,845.00; and CUT-AWAY VAN d) One (1) 1-ton cut-away van to Smith Chevrolet in the amount of $42,099.13. Funds for this equipment are budgeted within the Water Department’s Fiscal Year 2015 budget. A motion was made by Mrs. Nye, seconded by Mr. Orr, to accept the recommendations of staff and award the bids received October 16, 2014 to the lowest responsive bidder, as outlined in Agenda Items No. 16(a) through 16(d) for Water Department equipment. Upon roll call, those voting in favor were Nye, Orr, Brown, Cooper and Moore. AGENDA ITEM NO. 17: Council was asked to consider the proposal received from Western PIGGY BACK BID/ States Equipment Company to “piggy-back” the bid for a wheel LEASE-WATER loader purchased by the Water Department in 2010 and authorize DEPARTMENT the Mayor to sign the necessary 5-year lease documents, subject to Legal Department review. The purchase price of $194,734.66 and the residual amount (end of the 5th year lease-payment) of $137,500.00 is the same as the prior proposal. The payment amount is budgeted in the Water Department’s Fiscal Year 2015 budget. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve the proposal received from Western States Equipment Company to “piggy-back” the bid for a wheel loader purchased by the Water Department in 2010 and authorize the Mayor to sign the necessary 5-year lease documents, subject to Legal Department review, and that the purchase price will be $194,734.66 and that the residual amount (end of the 5th year lease-payment) will be $137,500.00. Upon roll call, those voting in favor were REGULAR CITY COUNCIL MEETING 8 NOVEMBER 6, 2014 Moore, Nye, Brown, Cooper and Orr. AGENDA ITEM NO. 18: Council was asked to consider the recommendations of staff for the BID-LIBRARY following requests regarding replacement of the HVAC system at HVAC SYSTEM the Marshall Public Library. BID a) Accept the bid received from Lewis Corporation, who submitted a bid in the amount of $97,000.00 and, if the bid is accepted; AGREEMENT b) Authorize execution of an agreement between the City of Pocatello and Lewis Corporation, in the amount of 97,000.00 for replacement of the HVAC system at Marshall Public Library. Funds for the project are available in the Library’s budget. This project was brought before the Council on August 7, 2014. However, the contractor awarded the project was not able to meet the timelines outlined in the contract. A motion was made by Mrs. Nye, seconded by Mr. Brown, to approve Agenda Item Nos. 18(a) and 18(b) for the replacement of the HVAC system at the Marshall Public Library. Upon roll call, those voting in favor were Nye, Brown, Cooper, Moore and Orr. AGENDA ITEM NO. 19: Council was asked to concur with recommendations of the City CONSTRUCTION BID Engineer and Federal Highway Administration regarding the CONCURRENCE construction of the Cheyenne Overpass Phase 1B project to: REQUEST-CHEYENNE OVERPASS (SOUTH VALLEY CONNECTOR) PHASE 1B PROJECT WAIVE RIGHT TO a) Waive the City’s right to reject bids that are more than 10% of the REJECT BIDS engineer cost construction estimate as defined in Section 11(3) of the State/Local Agreement with the City and Idaho Transportation Department; and AWARD BID b) Award the bid to the lowest responsive bidder, W.W. Clyde & Co. which was submitted on October 21, 2014 in the amount of $13,457,833.42. The City’s share of the construction project is included in the payment schedule outlined in the State/Local Agreement which was approved by the City Council on September 4, 2014. A motion was made by Mr. Moore, seconded by Mr. Brown, to concur with recommendations of the City Engineer and Federal Highway Administration regarding the construction of the Cheyenne Overpass Phase 1B project and approve the items in Agenda Item No. 19(a) and 19(b). Upon roll call, those voting in favor were Moore, Brown, Cooper, Nye and Orr. AGENDA ITEM NO. 20: Council was asked to approve the adoption of an Addendum to the REGULAR CITY COUNCIL MEETING 9 NOVEMBER 6, 2014 ADDENDUM TO current Collective Bargaining Agreement for the Gate City COLLECTIVE Mechanics Local Lodge #1933 (Pocatello Police Department), dated BARGAINING September 19, 2013. Whereas the Union body voted during their AGREEMENT October 2014 meeting to change affiliation from the International -GATE CITY MECHANICS Association of Machinists and Aerospace Workers, Gate City LOCAL LODGE #1933 Mechanics Lodge #1933 – to the Fraternal Order of Police, (POCATELLO POLICE Portneuf Valley Fraternal Order of Police Local Lodge #13. DEPARTMENT) A motion was made by Mr. Orr, seconded by Mr. Cooper, to approve the adoption of an Addendum to the current Collective Bargaining Agreement for the Gate City Mechanics Local Lodge #1933 (Pocatello Police Department), dated September 19, 2013 to change affiliation from the International Association of Machinists and Aerospace Workers, Gate City Mechanics Lodge #1933 to the Fraternal Order of Police, Portneuf Valley Fraternal Order of Police Local Lodge #13. Upon roll call, those voting in favor were Orr, Cooper, Brown, Moore and Nye. AGENDA ITEM NO. 21: Niki Taysom, 4604 Burley Drive, Chubbuck, shared her support of DISCUSSION ITEMS the addition of Amy’s Kitchen to Pocatello. She shared her concerns regarding the use of alcohol, tobacco and other substances by citizens. Idaho Lorax, Pocatello resident, shared his concerns regarding citizen rights and public information. Bob Marcinko, 1752 South Grant, shared his concerns regarding the speed limit on South Grant Avenue near Centennial Park. He would like to have the area evaluated and the speed limit reduced to 25 mph from Benton Street to the south. Mr. Marcinko feels a speed limit reduction is appropriate because the road has numerous curves with limited sight distance for drivers. There being no further business, Mayor Blad adjourned the meeting at 7:19 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK