City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING NOVEMBER 20, 2014 CLARIFICATION The City Council Agenda Clarification Meeting was called to MEETING order at 5:31 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 6:02 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 ALLEGIANCE and Michael L. Orr. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was given by Pastor Scott Sampson, INVOCATION Rocky Mountain Ministries. Mayor Blad announced Agenda Items No. 9, 10 and 11, public hearings for wireless communication towers on East Center Street (No. 9); Juniper Hills Road (No. 10); and Shelly Place (No. 10), were pulled from the agenda at the request of the applicant and will be considered at a later date. AGENDA ITEM NO. 3: Council was asked to consider the following business items: CONSENT AGENDA -TREASURER’S (a) Treasurer’s Report for October 2014 showing cash and investments REPORT as of October 31, 2014 in the amount of $22,736,194.91. -CHILD CARE (b) Confirm the Mayor’s appointment of Anita Willie to serve as a ADVISORY member of the Child Care Advisory Committee, replacing Robert COMMITTEE Croker who resigned. Ms. Willie’s term will begin November 21, APPOINTMENT 2014 and will expire December 16, 2015. -TITLE VI PLAN (c) Council was asked to approve the updated Title VI Plan, which UPDATE-TRANSIT allows Pocatello Regional Transit to be in compliance with Federal Transportation Authority and Idaho Transportation Department requirements in order to receive grant funds. -COUNCIL DECISION (d) Adopt the Council’s decision approving the Applicants, BBAD -APEX ROAD Investments, LLC and Spartan University Home, LLC’s request to VACATION vacate the public’s interest in Apex Road, a portion of the deeded right-of-way (including construction easements), from the end of Apex Road at Buckskin Road and extending westerly for approximately 2,300 feet, encompassing approximately 6.76 acres, and grant conveyance to the adjacent property owner, BBAD Investments, LLC, subject to conditions. Additionally, the City Council granted an exception to Resolution 1999-34 requiring the Applicants to obtain an appraisal. The Applicants shall pay to the City the sum of $25,015.00 for the vacation and said right-of-way prior to the adoption of the vacating ordinance. REGULAR CITY COUNCIL MEETING 2 NOVEMBER 20, 2014 -COUNCIL DECISION (e) Adopt the Council’s decision granting a request from Steve Ernst, -VISTA VILLAGES the owner and developer, to approve a final short plat for the Vista SUBDIVISION FINAL Villages Subdivision, subject to conditions. The proposed plat is for SHORT PLAT a four (4) lot subdivision, encompassing 3.29 acres (more or less), zoned Residential Estate, and all lots will have access via Vista Drive. A motion was made by Mr. Johnston, seconded by Mr. Brown, to approve the items on the consent agenda. Upon roll call, those voting in favor were Johnston, Brown, Cooper, Moore, Nye and Orr. AGENDA ITEM NO. 4: Councilmember Nye read a proclamation, on behalf of Mayor Blad, COMMUNICATIONS proclaiming Saturday, November 29, 2014 as “Small Business AND PROCLAMATIONS Saturday” and encouraged citizens to shop locally during the holiday season. Matt Hunter, representing the Pocatello/Chubbuck Chamber of Commerce, and Stephanie Palagi, representing Old Town Pocatello, accepted the proclamation and thanked the Mayor and Council for encouraging support of local businesses. Mayor Blad welcomed Boy Scouts from Troop No. 336 in the audience. AGENDA ITEM NO. 5: Mayor Blad reminded the Council about the December 4th Regular CALENDAR REVIEW Council Meeting at 6:00 p.m. and the December 11th Study Session at 9:00 a.m. Mayor Blad announced City Creek Recreation Area gates are now closed to motorized access until May 2014; City Offices will be closed November 27th and 28th to observe the Thanksgiving Holiday. However, garbage and recycling collection will be only one day behind schedule; the Community Recreation Center will be closed on Thanksgiving Day, but will be open 9:00 a.m. to 5:00 p.m. on Friday, November 28th; the Holiday Celebration and Lights Parade in Old Town will be Friday, November 28th; the 24th Annual Christmas in the Nighttime Skies fireworks event will be held at the Bannock County Fairgrounds on November 29th; and the Festival of Trees at Stephens Performing Arts Center runs December 3rd through the 6th. Mayor Blad wished good luck to the Highland High School football team during the state championships; congratulations to the ISU Volleyball team as the Big Sky Champions and hosts of the championships; and wished the ISU football team good luck at the last home game of the season. AGENDA ITEM NO. 6: Council was asked to confirm the Mayor’s appointment of Joyce APPOINTMENT Stroschein as Chief Financial Officer (CFO)/Treasurer. Ms. CONFIRMATION OF Stroschein has held the position of Interim CFO/City Treasurer CHIEF FINANCIAL since August 21, 2014. The requested effective date for her OFFICER/CITY TREASURER appointment will be November 15, 2014. A motion was made by Mr. Cooper, seconded by Mr. Johnston, to confirm the Mayor’s appointment of Joyce Stroschein as Chief Financial Officer/Treasurer and that the effective date for her appointment will be November 15, 2014. Upon roll call, those voting in favor were Cooper, Johnston, Brown, Moore, Nye and Orr. REGULAR CITY COUNCIL MEETING 3 NOVEMBER 20, 2014 AGENDA ITEM NO. 7: Taylor P. Boldt was present to appeal the decision of Police APPEAL-DAY CARE Department staff which denied Ms. Boldt a Day Care license. LICENSE DENIAL -BOLDT A motion was made by Mr. Moore, seconded by Mr. Orr, to overturn the decision of Police Department staff and approve a Day Care license for Taylor Boldt. Upon roll call, those voting in favor were Moore, Orr, Brown, Cooper, Johnston and Nye. AGENDA ITEM NO. 8: Amber C. Davis was present to appeal the decision of Police APPEAL-DAY CARE Department staff which denied Ms. Davis a Day Care license. LICENSE DENIAL -DAVIS A motion was made by Mr. Moore, seconded by Mrs. Nye, to overturn the decision of Police Department staff and approve a Day Care license for Amber Davis. Upon roll call, those voting in favor were Moore, Nye, Brown, Cooper, Johnston and Orr. AGENDA ITEM NO. 9: As announced earlier, Agenda Item No. 9 to receive comments from PUBLIC HEARING the public regarding a request by Ron Miller of RC Wireless to place –WIRELESS a wireless communication tower on the City’s water tank property COMMUNICATION located east of East Center Street was pulled from the agenda. TOWER-EAST CENTER STREET AGENDA ITEM NO. 10: As announced earlier, Agenda Item No. 10 to receive comments PUBLIC HEARING from the public regarding a request by Ron Miller of RC Wireless to –WIRELESS place a wireless communication tower on the City’s water tank COMMUNICATION property located at the end of Juniper Hills Road was pulled from TOWER-JUNIPER the agenda. HILLS ROAD AGENDA ITEM NO. 11: As announced earlier, Agenda Item No. 11 to receive comments PUBLIC HEARING from the public regarding a request by Ron Miller of RC Wireless to –WIRELESS place a wireless communication tower on the City’s water tank COMMUNICATION property located east of Shelly Place was pulled from the agenda. TOWER-SHELLY PLACE AGENDA ITEM NO. 12: Council was asked to authorize acceptance of an easement to allow SIDEWALK EASEMENT sidewalk improvements on the Fredregill Road frontage of the -FREDREGILL ROAD/ property/building owned by the Church of Jesus Christ of Latter- LDS CHURCH Day Saints (LDS) located at 4th and Fredregill. The improvements PROPERTY will be completed as part of a larger sidewalk project using Community Development Block Grant sidewalk program funding with a payment of $550.00 for the easement through Community Development Trust Fund 955. REGULAR CITY COUNCIL MEETING 4 NOVEMBER 20, 2014 A motion was made by Mr. Brown, seconded by Mr. Johnston, to authorize acceptance of an easement to allow sidewalk improvements on the Fredregill Road frontage of the property/building owned by the Church of Jesus Christ of Latter-Day Saints located at 4th Avenue and Fredregill Road. Upon roll call, those voting in favor were Brown, Johnston, Cooper, Moore, Nye and Orr. AGENDA ITEM NO. 13: Idaho State University (ISU) Student Social Work Association, “COUNCIL SELECT” represented by Laura Whaley, is requesting that “Council Select” FUNDING REQUEST funds in the amount of $250.00 be used to help pay for expenses in -ISU STUDENT SOCIAL connection with an event highlighting a documentary screening WORK ASSOCIATION about poverty. The event will be held at ISU on December 5, 2014. (As of November 14, 2014 $5,000.00 remained in the “Council Select” fund.) A motion was made by Mr. Cooper, seconded by Mr. Orr, to deny a request by Idaho State University Student Social Work Association for “Council Select” funds in the amount of $250.00 to help pay for expenses in connection with an event to be held on December 5, 2014. Mr. Cooper shared his concern regarding the use of “Council Select” funds to support other government entities. In response to questions from Council, Laura Whaley stated the funds would be used to pay for overhead expenses and publicity for the event, which would include a film and discussion regarding local resources available to poverty level individuals. Mr. Cooper’s motion to deny the request was voted upon at this time. Upon roll call, those voting in favor were Cooper, Orr and Johnston. Brown, Moore and Nye voted in opposition to the motion. Due to a tie in voting, Mayor Blad was required to cast the deciding vote. Mayor Blad voted in favor of the motion. The motion passed. AGENDA ITEM NO. 14: Council was asked to consider the recommendations of staff BID-WPCF PHASE regarding the Water Pollution Control Facility (WPCF) Phase One ONE UV EQUIPMENT UV equipment procurement and accept the bid from Ozonia North PROCUREMENT America, in the amount of $519,000.00, subject to Legal Department review. In an analysis of the four bids received, Ozonia was identified as the lowest responsive bidder based on an evaluation of the capital costs, 20-year present worth operating and maintenance costs, and non-monetary considerations. Funds are available in the Fiscal Year 2015 Water Pollution Control budget and are included in the recently approved Judicial Confirmation determination. In response to questions from Council, Jon Herrick, WPC Superintendent, stated that the equipment being requested is part of a long-term project to comply with EPA requirements. He added that the requested UV equipment would eliminate the need to use other chemicals to treat wastewater leaving the facility. Mr. Herrick clarified that a sewer rate increase in August 2014 and a loan through the Idaho Bond Bank would create funding for the project. REGULAR CITY COUNCIL MEETING 5 NOVEMBER 20, 2014 A motion was made by Mr. Moore, seconded by Mr. Cooper, to accept the recommendations of staff and accept the bid from Ozonia North America, in the amount of $519,000.00, subject to Legal Department review for the Water Pollution Control Facility Phase One UV equipment procurement. Upon roll call, those voting in favor were Moore, Cooper, Brown, Johnston, Nye and Orr. AGENDA ITEM NO. 15: Council was asked to approve the purchase of the following vehicles PIGGY BACK BID from Smith Chevrolet as a piggy-back to the State of Idaho bid: -WPC VEHICLES -CHEVROLET 2500 a) One (1) 2015 Chevrolet 2500 HD 4x4 truck in the amount of $27,054.00, and -CHEVROLET TAHOE b) One (1) 2015 Chevrolet Tahoe 4x4 in the amount of $35,356.00. Funds for the purchase are available in the Water Pollution Control Fiscal Year 2015 budget. In response to questions from Council, Jon Herrick, WPC Superintendent, stated that the requested vehicles are basic vehicles with no special equipment installed. He added that WPC typically buys new vehicles and following their useful life, the vehicles are transferred to General Fund-supported departments, such as Parks and Recreation. Mr. Herrick stated that in the past, it has been necessary to use multiple vehicles to transport employees to trainings. The requested Chevrolet Tahoe will accommodate up to 7 passengers and will alleviate excessive transportation costs for travel needs. He stated that the state bid received by Smith Chevrolet is very reasonable and economical. A motion was made by Mrs. Nye, seconded by Mr. Brown, to approve the purchase of vehicles as outlined in Agenda Item 15(a) and 15(b) from Smith Chevrolet as a piggy-back to the State of Idaho bid. Upon roll call, those voting in favor were Nye, Brown, Cooper, Johnston, Moore and Orr. AGENDA ITEM NO. 16: Council was asked to adopt a resolution approving the East Mink RESOLUTION-EAST Creek Nordic Center Master Plan. The Master Plan will allow for MINK CREEK NORDIC trail maintenance, upgrades and continued operation of the East CENTER MASTER PLAN Mink Creek Nordic Center. A motion was made by Mrs. Nye, seconded by Mr. Moore, to adopt a Resolution (2014-21) approving the East Mink Creek Nordic Center Master Plan to allow for trail maintenance, upgrades and continued operation of the East Mink Creek Nordic Center. Upon roll call, those voting in favor were Nye, Moore, Brown, Cooper, Johnston and Orr. AGENDA ITEM NO. 17: Council was asked to adopt a resolution approving the Pocatello RESOLUTION-AIRPORT Regional Airport (Airport Influence Area) Sub-Zones and DESIGN GUIDELINES Development Guidelines as presented by staff at the September 11, 2014 Study Session. These are guidelines only and actual requirements will be outlined in a development and/or lease agreement. The Airport Commission has recommended approval of the request. A motion was made by Mr. Moore, seconded by Mr. Cooper, to adopt a Resolution (2014-22) approving the Pocatello Regional Airport (Airport Influence Area) Sub-Zones and Development Guidelines as REGULAR CITY COUNCIL MEETING 6 NOVEMBER 20, 2014 presented by staff at the September 11, 2014 Study Session. Upon roll call, those voting in favor were Moore, Cooper, Brown, Johnston, Nye and Orr. AGENDA ITEM NO. 18: Council was asked to consider entering into a lease with a potential AIRPORT TENANT tenant known as “Project Pipe” at the Pocatello Airport, subject to LEASE-PROJECT PIPE Legal Department review. A motion was made by Mr. Brown, seconded by Mrs. Nye, to enter into a lease with a potential tenant known as “Project Pipe” at the Pocatello Airport, subject to Legal Department review. Upon roll call, those voting in favor were Brown, Nye, Cooper, Johnston, Moore and Orr. AGENDA ITEM NO. 19: Council was asked to approve and authorize the Mayor to sign, a AIRPORT Consulting Agreement between the City and Forecast, Inc. for PROFESSIONAL services to be provided to the Pocatello Regional Airport, including SERVICES performing a market demand and leakage study, assisting in the AGREEMENT engagement of air carriers regarding service to the airport, and providing support in working to secure letters of support from air carriers for a 2015 SCASD application. The fee for services is a $25,000.00 flat fee, plus travel per diem costs and a $15,000.00 incentive payment if additional service or capacity is obtained. The performance period will be 8 months. In response to a question from Council, David Allen, Airport Manager, clarified that travel per diem is not an anticipated expense, but is budgeted in the contract. He added that the per diem rate would cover meals, hotel and airfare, if needed. A motion was made by Mr. Moore, seconded by Mr. Brown, to approve and authorize the Mayor to sign, a Consulting Agreement between the City and Forecast, Inc. for services to be provided to the Pocatello Regional Airport, including performing a market demand and leakage study, assisting in the engagement of air carriers regarding service to the airport, and providing support in working to secure letters of support from air carriers for a 2015 SCASD application and that the fee for services will be a $25,000.00 flat fee, plus travel per diem costs and a $15,000.00 incentive payment if additional service or capacity is obtained and that the performance period will be 8 months. Upon roll call, those voting in favor were Moore, Brown, Johnston and Nye. Cooper and Orr voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 20: Council was asked to approve and authorize the Mayor to sign, a AIRPORT TENANT lease agreement between the City and Pocatello Solar 1, LLC for LEASE REQUEST property at the Pocatello Regional Airport, subject to Legal -POCATELLO Department review. The lease will be for approximately 120 acres SOLAR 1, LLC of property at the Airport with an option for an additional 145 acres, for the purpose of installation, repair, maintenance and operation of a photovoltaic power system and related equipment and improvements. The term will be for 20 years after an initial, developmental phase of up to two years, with a 10-year renewal option. The rental rate will be $1,500.00 per year for the developmental phase and 3.4% of gross revenues during the initial term. A motion was made by Mrs. Nye, seconded by Mr. Johnston, to approve and authorize the Mayor to sign, a lease agreement between the City and Pocatello Solar 1, LLC for property at the Pocatello REGULAR CITY COUNCIL MEETING 7 NOVEMBER 20, 2014 Regional Airport, subject to Legal Department review, and that the lease will be for approximately 120 acres of property at the Airport with an option for an additional 145 acres, for the purpose of installation, repair, maintenance and operation of a photovoltaic power system and related equipment and improvements and that the term will be for 20 years after an initial, developmental phase of up to two years, with a 10-year renewal option and that the rental rate will be $1,500.00 per year for the developmental phase and 3.4% of gross revenues during the initial term. Upon roll call, those voting in favor were Nye, Johnston, Brown, Cooper, Moore and Orr. AGENDA ITEM NO. 21: Niki Taysom, 4604 Burley Drive, Chubbuck, shared her DISCUSSION ITEMS disapproval of judicial confirmation, international businesses in the United States and federal programs. Matt Hunter, President/CEO of the Pocatello Chubbuck Chamber of Commerce, encouraged the Council to shop locally and support businesses in Idaho. Idaho Lorax, Pocatello resident, shared his concerns regarding use of City facilities, public access television studios and other public spaces. There being no further business, Mayor Blad adjourned the meeting at 6:55 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK