City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2015 CLARIFICATION The City Council Agenda Clarification Meeting was called to MEETING order at 5:37 p.m. by Mayor Brian Blad. Council members present were Steve Brown, Craig Cooper, Jim Johnston, Eva Johnson Nye and Michael L. Orr. Council member Gary Moore 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 ROLL CALL AND p.m. by Mayor Brian Blad. Council members present were Steve ALLEGIANCE Brown, Craig Cooper, Jim Johnston, Eva Johnson Nye and Michael L. Orr. Council member Gary Moore was excused. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was offered by Tony Seikel representing INVOCATION Portneuf 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 Clarification meetings and Regular City Council meetings of January 8 and 15, 2015 and the January 15, 2015 Executive Session. -PAYROLL AND (b) Payroll and material claims for the month of January 2015 in the MATERIAL CLAIMS amount of $7,371,912.45. -CDBG ADVISORY (c) Confirm the Mayor’s reappointment of Dorsey Hill to continue COMMITTEE her service as a member of the Community Development Block REAPPOINTMENT Grant (CDBG) Advisory Committee. Ms. Hill’s term will begin January 1, 2015 and will expire January 1, 2018. -FORT HALL REPLICA (d) Confirm the Mayor’s reappointment of Ramona Bell to continue COMMISSION her service as a member of the Fort Hall Replica Commission. REAPPOINTMENT Ms. Bell’s term will begin February 18, 2015 and will expire February 18, 2019. -SISTER CITIES (e) Confirm the Mayor’s appointment of Kert Howard to serve as a COMMITTEE member of the African Sister Cities Subcommittee, filling a long- APPOINTMENT term vacancy. Dr. Howard’s term will begin February 6, 2015 and will expire February 6, 2019. -AMERICAN ACADEMY (f) Approve an application to the Idaho chapter of the American OF PEDIATRICS Academy of Pediatrics in the amount of $10,000.00 for the GRANT-POLICE purpose of purchasing and distributing child passenger safety seats by Police staff and if the grant is approved, authorize the  2 REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2015 Mayor to accept and sign documents related to the grant. This is an annual grant and there is no City match of funds associated with this request. -NATIONAL MUSEUM (g) Approve and authorize the Mayor to sign a renewal loan OF THE AIR FORCE agreement between the City and the National Museum of the DISPLAY-AIRPORT Air Force for a F-101 jet currently on display at the Pocatello Regional Airport. The agreement is for a one-year term and there is no rental fee. -RATIFICATION OF (h) Accept a grant and ratify the Mayor’s signature on a GRANT/MOU FOR Memorandum of Understanding (MOU) with the Idaho SEWER INFRASTRUCTURE Department of Commerce for sewer infrastructure IMPROVEMENTS-IDAHO improvements near the 700 block of West Quinn Road in the DEPARTMENT OF amount of $77,709.00. There is no City match requirement for COMMERCE the project. -BUREAU OF (i) Authorize the Mayor to enter into a Memorandum of ALCOHOL, TOBACCO, Understanding (MOU) with the Bureau of Alcohol, Tobacco, FIREARMS AND Firearms and Explosives wherein the City will have access to a EXPLOSIVES MOU paperless firearm trace submission system and trace analysis -POLICE module that is accessible through the internet. There is no cost to the City for the use of this program. -COUNCIL DECISION (j) Adopt the Council’s Decision as voted on at the December 18, 2014 “WET WATER” Regular City Council meeting granting 135 residential lot “west DEVELOPMENT CREDIT water” credits to be utilized in meeting City regulations for annexation and subdivision development. These lots will be constructed within future development phases by Pocatello Development Company and Satterfield Realty and Development, Inc. and will be “tracked” by the City Engineering and Legal Departments. -COUNCIL DECISION (k) Adopt the Council’s Decision approving Jeff Ryan, Billie Walker, ROCKY POINT AND and Thomas and Michelle Eckert’s request to vacate 3,615 LUPINE DRIVE VACATION square feet or 0.083 acres, of platted right-of-way located at the OF RIGHT OF WAY end of Rocky Point Road between 650 Rocky Point Road and 1 1867 Lupine Drive, and grant conveyance of said vacated right- of-way in its entirety to the adjoining property owners, one-half (1/2) on each side thereof, subject to conditions. In accordance with the Application, the Applicants shall pay the appraised amount of $750.00 for the vacated right-of-way. A motion was made by Mr. Johnston, seconded by Mrs. Nye, to approve the items on the consent agenda. Upon roll call, those voting in favor were: Johnston, Nye, Brown, Cooper, and Orr. AGENDA ITEM NO. 4: Mayor Blad announced there were no proclamations. He COMMUNICATIONS AND welcomed scouts from Troop Nos. 305 and 361 PROCLAMATIONS AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the February 12 Study CALENDAR REVIEW Session at 9:00 a.m. immediately followed by a Council Working Lunch; which will be immediately followed by an Executive Session; and of the February 19 Regular Council meeting at 6:00 p.m. Mayor Blad announced Animal Service Department will begin moving into their new building the weekend of February 7. Their office will be closed Saturday, February 7 through Tuesday, February 10; City Offices will be closed for President’s Day on February 16. However, garbage and recycle pick-ups will remain on  3 REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2015 schedule; Simplot Games will be held at Holt Arena February 19 through February 21; and the Animal Services Department Grand Open House will be held on March 4 from 11:00 a.m. to 7:00 p.m. A ribbon cutting will take place at 11:00 a.m. followed by tours, door prizes and refreshments. Transportation to the event will be provided on the Pocatello Regional Transit H-route for those who do not want to drive, as parking will be limited. AGENDA ITEM NO. 6: Mayor Blad announced that the request from Margaret R. TAXI LICENSE DENIAL Arment appealing the decision of Police Department staff which APPEAL-ARMENT denied Ms. Arment a taxi license had been pulled from the agenda at the request of Ms. Arment. AGENDA ITEM NO. 7: This time was set aside for the Council to receive comments PUBLIC HEARING regarding a request from Tanner “Juan” Hernandez of Prime –VACATION OF Auction (mailing address: 3400 South 5th Avenue, Pocatello, ID RIGHT OF WAY REQUEST 83204) represented by Rocky Mountain Engineering and PRIME TIME AUCTION Surveying (mailing address: 2043 East Center Street, Pocatello, ID 83201) to vacate the public’s interest in the platted right-of- way portion of Velton Avenue adjacent to portions of Lots 3-5, Block 1, Sunset Subdivision and Velton Avenue adjacent to Block 1 and 2, Roper Subdivision and Roper Street adjacent to Block 1 and a portion of Block 2, Roper Subdivision and unplatted parcel Identification Numbers RPCPP132100 and RPCPP132400. Mayor Blad opened the public hearing. Tanner Hernandez, owner of Prime Time Auction, briefly reviewed his request to vacate and replat a portion of Sunset Subdivision, Block 1 and a portion of Roper Subdivision, Block 1 and 2. He feels City staff did a great job outlining the request in their staff report and did not go into further detail. Mr. Hernandez noted his business has been located on the property for ten years. In response to questions from Council, Mitch Greer, Rocky Mountain Engineering, identified the property owned by Prime Time Auction on a project map. Dave Foster, Associate Planner, explained Mr. Hernandez submitted a subdivision replat/short plat application to subdivide the subject property into three lots. The short plat to create three new commercial zoned lots is a replat of Sunset subdivision as outlined by Mr. Hernandez. The replat requires the vacation of a portion of Velton Avenue and Roper Street. Mr. Foster noted the area has never been developed according to City standards and the reason for the vacation is to clear the platting of the lots. He noted a cul-de-sac will be built at the end of Velton Avenue and Engineering staff has reviewed and approved the proposed design. Mr. Foster recommended approval of the request with the following conditions: 1) the City shall retain a thirty (30) foot wide utility easement from South 5th Avenue to the I-15 Right-of-Way for utility access, installation and maintenance purposes; 2) the Applicant shall prepare and submit required engineering design and construction drawings for review and approval by the City Development Engineer for the Velton Avenue cul-de-sac improvements and utilities in conjunction with the subdivision replat application prior to and subject to final approval of the replat by the City and prior to the recording of required vacation documents; 3) the Applicant shall complete and record the subdivision replat within two (2) years from the date of Council approval and specifically reference the recording of the vacation ordinance on the subdivision plat; 4) water meters for 3380 and 3400 South 5th Avenue shall be relocated to the South 5th Avenue Right-of-Way line and a new fire hydrant shall be installed in conjunction of the Velton Avenue cul-de-sac; 5) any corrections to the legal description as suggested by the City Surveyor shall be made prior to recording of the vacation documents; and 6) any other requirements not herein noted above, but applicable as part of an approved vacation, shall be strictly adhered to.  4 REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2015 Mayor Blad announced that no written correspondence had been received regarding the request. Nanette Smith, 745 Swisher Road, stated she has no problem with putting in a cul-de-sac near her road. However, she would like the cul-de-sac to be a large enough for fire engines and school buses to turn around; the placement of signs so drivers know it is a “no through” street; and the placement a street light near the end of the road. Nikki Taysom, 4604 Burley Drive, Chubbuck, shared her concerns that the City may not receive payment for vacating the public’s interest in the right-of-way. There being no further comments from the public, Mayor Blad closed the public hearing. A motion was made by Mrs. Nye, seconded by Mr. Orr, to adopt the findings and facts of the Planning and Zoning Commission and vacate the public’s interest in the platted right-of-way portion of Velton Avenue adjacent to portions of Lots 3-5, Block 1, Sunset Subdivision and Velton Avenue adjacent to Block 1 and 2, Roper Subdivision and Roper Street adjacent to Block 1 and a portion of Block 2, Roper Subdivision and unplatted parcel Identification Numbers RPCPP132100 and RPCPP132400 with conditions recommended by Planning and Zoning Commission, with the following added conditions: the proposed cul-de-sac will be constructed to accommodate large vehicles; installation of a street light near the cul-de-sac; and signage showing Swisher Road as a dead end street; and that the decision be set out in the appropriate Council Decision format. In response to questions from Council, Mr. Foster explained the proposed cul-de-sac as well as platting and development of the area must meet City standards. He noted that signage and street lights are development issues that will be discussed under Agenda Item No. 8 which is an application for a short plat for the same property. Mr. Foster clarified the City is not paying for paving the cul-de-sac since it is the developer’s responsibility; and that payment for vacating the public’s interest will be part of an exception request. Mrs. Nye amended her motion to adopt the findings and facts of the Planning and Zoning Commission and vacate the public’s interest in the platted right-of-way portion of Velton Avenue adjacent to portions of Lots 3-5, Block 1, Sunset Subdivision and Velton Avenue adjacent to Block 1 and 2, Roper Subdivision and Roper Street adjacent to Block 1 and a portion of Block 2, Roper Subdivision and unplatted parcel Identification Numbers RPCPP132100 and RPCPP132400 with conditions recommended by staff and that the decision be set out in the appropriate Council Decision format. Mr. Orr accepted the amended motion. Upon roll call, those voting in favor were Nye, Orr, Brown, Cooper and Johnston. AGENDA ITEM NO. 8: Council was asked to consider a request from Tanner “Juan” SHORT PLAT Hernandez of Prime Time Auction (mailing address: 3400 South 5th –PRIME TIME AUCTION Avenue, Pocatello, ID 83204), and Rocky Mountain Engineering and Surveying (mailing address: 2043 East Center Street, Pocatello, ID 83201) for the application of a short plat. The proposal calls for the platting of approximately 8.29 acres into 3 commercial lots located on South 5th Avenue, south of Interstate 15. The subdivision is to be known as Prime Time Subdivision. At their meeting on October 8, 2014, the Planning and Zoning Commission recommended approval. Staff recommended approval of the plat with the following conditions: 1) all engineering comments contained in a memorandum dated September 24, 2014 from Merril Quayle, Development Services Engineer shall apply; 2) the final plat will be prepared in accordance with applicable State and City  5 REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2015 subdivision plat standards; 3) the short plat to create four new commercial zoned lots is a replat of a portion of Sunset Subdivision, Block 1 and a portion of Roper Subdivision, Blocks 1 and 2. The replat requires the vacation of a portion of Velton Avenue and Roper Street which requires City Council action. There, the Planning and Zoning Commission recommendation is contingent upon City Council decision regarding the proposed street right-of-way vacation request; and 4) all other standards or conditions required by Municipal Code not herein stated but applicable to the development shall apply. A motion was made by Mr. Orr, seconded by Mr. Cooper, to approve an application for the platting of approximately 8.29 acres into 3 commercial lots located on South 5th Avenue, south of Interstate 15; to be known as Prime Time Subdivision, with conditions recommended by staff, and add the following conditions: a) the proposed cul-de-sac will be constructed to accommodate large vehicles; b) installation of a street light near the proposed cul-de-sac; and c) signage notifying drivers Velton Avenue is a dead end street; and that the decision be set out in the appropriate Council Decision format. In response to questions from Council, Merril Quayle, Public Works Development Engineer, explained signage is the responsibility of the City. Illuminators will be placed along the fence at the end of the cul-de-sac that delineates there is a turn. He explained placement of a street light will be inside the cul-de-sac and is part of the developer’s responsibility. Mr. Quayle feels safety reasons would justify placement of an additional street light near the cul-de-sac. In response to a question from Council, Tanner Hernandez, owner of Prime Time Auction, stated he was in agreement with being responsible for installation of a street light on Velton Avenue. Mayor Blad clarified the City will be responsible for sign placement and the applicant will be responsible for street light installation. Mr. Orr’s motion was voted upon at this time. Upon roll call, those voting in favor were Orr, Cooper, Brown, Johnston and Nye. AGENDA ITEM NO. 9: Council was asked to accept the recommendation of Fire PIGGY BACK BID Department staff and approve the purchase of a 2015 Chevrolet –FIRE DEPARTMENT Model CK15906 Suburban on a State of Idaho piggy-back bid VEHICLE from Smith Chevrolet. The bid includes a trade-in allowance for a 2003 Chevrolet Impala in the amount of $2,500.00 for a final bid price of $35,524.55. Funds are available in the Fire Department’s Fiscal year 2015 budget. A motion was made by Mrs. Nye, seconded by Mr. Brown, to accept the recommendation of Fire Department staff to approve the purchase of a 2015 Chevrolet Model CK15906 Suburban on a State of Idaho piggy-back bid from Smith Chevrolet and declare a 2003 Chevrolet Impala as surplus to be used as a $2,500.00 trade-in vehicle for a final bid price of $35,524.55. Upon roll call, those voting in favor were Nye, Brown, Cooper, Johnston, and Orr. AGENDA ITEM NO. 10: Council was asked to ratify the application for a $45,000.00 Five RATIFICATION OF Star and Urban Restoration Grant for the New Zoo Entrance GRANT APPLICATION Project, acceptance if awarded and authorize the Mayor’s –ZOO ENTRANCE signature on documents related to the grant, subject to Legal PROJECT Department review. The grant will be used for the installation  6 REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2015 of a native sage brush community stormwater retention demonstration area near the Zoo entrance. Portneuf Greenway Foundation has provided the required $45,000.00 match for the project. There will be no cost to the City. A motion was made by Mr. Johnston, seconded Mr. Orr, to ratify the Mayor’s signature on an application for a $45,000.00 Five Star and Urban Restoration Grant for the New Zoo Entrance Project, accept the grant if awarded, and authorize the Mayor’s signature on documents related to the grant, subject to Legal Department review. Upon roll call, those voting in favor were Johnston, Orr, Brown, Cooper, and Nye. AGENDA ITEM NO. 11: Council was asked to grant permission for the following ANIMAL SHELTER memorial requests for placement at the new Animal Shelter. LANDSCAPING REQUEST -MEMORIAL ROCKS 1) Alpine Animal Hospital-placement of two memorial rocks recognizing wild animals and pets that lost their lives in the 2012 Charlotte Fire; and -MEMORIAL BENCH 2) Bannock Human Society-placement of a memorial bench to enhance the landscaping area. The memorials will be placed near the front of the Animal Shelter located at 3100 Avenue of the Chiefs. A motion was made by Mrs. Nye, seconded by Mr. Brown, to approve the request to place two (2) Memorial Rocks and one (1) Memorial Bench at the new Animal Shelter as outlined in Agenda Item No. 11. Upon roll call, those voting in favor were Nye, Brown, Cooper, Johnston, and Orr. AGENDA ITEM NO. 12: Council was asked to approve and authorize the Mayor to sign KELLER ASSOCIATES, INC. an Agreement with Keller Associates, Inc. in the amount AGREEMENT-CENTER of $4,350.00 for the Center Street Storm Water Model STREET STORM WATER Construction project. Costs for this project have been MODEL CONSTRUCTION budgeted within Fund 17. PROJECT A motion was made by Mr. Cooper, seconded by Mrs. Nye, to approve and authorize the Mayor to sign an Agreement with Keller Associates, Inc. in the amount of $4,350.00 for the Center Street Storm Water Model Construction project. Upon roll call, those voting in favor were Cooper, Nye, Brown, Johnston, and Orr. AGENDA ITEM NO. 13: Council was asked to approve and authorize the Mayor to sign a T-O ENGINEERS Professional Services Agreement with T-O Engineers for AGREEMENT-AIPORT services at the Airport. The agreement is for preparation of a categorical exclusion to address environmental impacts of proposed infrastructure improvements at the airport. Charges will be based on actual time and materials not to exceed $3,857.70. The FAA requires any airport development that will be included on the Airport layout Plan to undergo some level of National Environmental Policy Act review. Mayor Blad clarified that funds are available in the Airport Fiscal Year 2015 budget. However, Pocatello Development Authority (PDA) has not approved reimbursement of the expense. The PDA will be asked to consider this request at a later date.  7 REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2015 In response to a question from Council, Mayor Blad clarified the requirement for an environmental review of development at the airport and noted that the FAA office representing Pocatello’s airport is now located in Helena, Montana. A motion was made by Mr. Brown, seconded by Mrs. Nye, to approve and authorize the Mayor to sign a Professional Services Agreement with T-O Engineers for services at the airport based on actual time and materials not to exceed $3,857.70 for the preparation of a categorical exclusion to address environmental impacts of proposed infrastructure improvements at the airport. Upon roll call, those voting in favor were Brown, Nye and Cooper. Those voting in opposition were Johnston and Orr. The motion passed. AGENDA ITEM NO. 14: Council was asked to approve and authorize the Mayor to sign, a ISU LEASE AGREEMENT Lease Agreement between the City and Idaho State University (ISU) –AIRPORT HANGAR for a hangar at the Pocatello Airport for the purpose of operating an aircraft and power frame maintenance school. The lease will be for a 20-year term and the rental rate will be $1.00 per year. ISU will be responsible for all maintenance and repairs to the facility. A motion was made by Mr. Johnston, seconded by Mrs. Nye, to approve and authorize the Mayor to sign, a Lease Agreement between the City and Idaho State University (ISU) for a hangar at the Pocatello Airport to use for an aircraft school. The hangar lease will be for the following: 1) a 20- year term at a rental rate of $1.00 per year and 2) ISU will be responsible for all maintenance and repairs to the facility. Upon roll call, those voting in favor were Johnston, Nye, Brown, Cooper, and Orr. AGENDA ITEM NO. 1: Nikki Taysom, 4604 Burley Drive, Chubbuck, expressed her DISCUSSION ITEMS commitment to the United States Constitution and encouraged individuals to help others in the community. 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