City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING MARCH 5, 2015 CLARIFICATION The City Council Agenda Clarification Meeting was called to order MEETING at 5:34 p.m. by Mayor Brian Blad. Council members present were Steve Brown, Craig Cooper, Jim Johnston, Gary Moore and Michael L. Orr. Council member Eva Johnson Nye arrived at 5:37 p.m. 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 6:10 p.m. ROLL CALL AND by Mayor Brian Blad. Council members present were Steve Brown, PLEDGE OF Craig Cooper, Jim Johnston, Gary Moore, Eva Johnson Nye and ALLEGIANCE Michael L. Orr. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was given by Karen Pease, Baha’I Faith INVOCATION representative. 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 Council meetings of February 5, and February 19, 2015; the Council Working Lunch meeting of February 12, 2015 and Executive Session of February 12, 2015. -PAYROLL AND (b) Payroll and material claims for the month of February 2015 in the MATERIAL CLAIMS amount of $5,829,545.08. -FRIENDS OF THE (c) Confirm the Mayor’s reappointment of Andrea Galloway to CEMETERY continue her service as a member of the Friends of the Cemetery COMMITTEE Committee. Ms. Galloway’s term will begin March 8, 2015 and will REAPPOINTMENT expire March 8, 2017. -NCOA ANIMAL (d) Authorize the Non Commissioned Officers Association (NCOA) of LICENSING the United States of America to conduct the May 2015 half-price CAMPAIGN pet licensing campaign by selling license tags in supermarkets and other venues as they have done since 1977. -CAREER (e) Approve agreements with School District No. 25 and the Pocatello DEVELOPMENT Zoo and Animal Services Department to have students work in their PROGRAM AGREEMENT departments during the 2015 Spring school semester. WITH SCHOOL DISTRICT NO. 25 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, Moore and Orr. REGULAR CITY COUNCIL MEETING 2 MARCH 5, 2015 AGENDA ITEM NO. 4: Mayor Blad announced there were no communications COMMUNICATIONS or proclamations. AND PROCLAMATIONS Mayor Blad welcomed boy scouts from Troop Nos. 344, 312, 306 and 777. AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the March 10th tour of CALENDAR REVIEW the Pocatello Airport and Business Park at 12:00 p.m.; March 12th Study Session at 9:00 a.m. followed by a Working Lunch immediately followed by and Executive Session; and the March 19th Regular City Council meeting at 6:00 p.m. Mayor Blad announced the Pocatello Animal Shelter will be closed March 11th for staff training, with regular hours to resume on March 12th; Mayor’s Town Hall meeting to discuss closure of Post Office facilities will be held March 16th at 6:00 p.m. in the Council Chambers; and Celebrate Idaho State Event is scheduled to take place on March 17th from 4:00 p.m. to 7:00 p.m. at the Pond Student Union Building on the campus of Idaho State University. Mayor Blad reminded citizens to vote regarding the School District Levy on March 10th; and he wished good luck to Highland and Century High School athletes during the upcoming state tournament. AGENDA ITEM NO. 6: Gage E. Horne was present to appeal the decision of Police APPEAL OF DAY CARE Department staff which denied Mr. Horne a Day Care license. LICENSE DENIAL -HORNE Sergeant Tim Dillon, Police Support Services, stated Mr. Horne’s day care license was denied due to convictions of possession of paraphernalia and encouraging violations of the Juvenile Corrections Act in July 2014. He stated according to City Code, the misdemeanor convictions are grounds for denial of a day care license. Gage Horne stated he has been a faculty member of Kari’s Korner day care for eight months. He stated during that time, he has been promoted to the position of night manager and gave an overview of his responsibilities within the facility. In response to questions from Council, Mr. Horne stated he is using a payment plan to pay off all probation fines and fees. He indicated that his conviction was a wake-up call to him and he has focused his attention on reaching his goals of obtaining his degree from Idaho State University and owning his own dance studio. Kari Giesbrecht, 2472 Jerome Street, is the owner of Kari’s Korner and Mr. Horne’s employer. She stated she has seen Mr. Horne flourish in the capacity of night manager and is a valuable member of her day care team. Ms. Giesbrecht stated she believes Mr. Horne has learned from his mistakes and is following a positive course in life. A motion was made by Mr. Moore, seconded by Mr. Brown, to overturn the decision of Police Department staff and approve Mr. Horne’s application for a Day Care license. Upon roll call, those voting in favor were Moore, Brown, Cooper, Johnston, Nye and Orr. REGULAR CITY COUNCIL MEETING 3 MARCH 5, 2015 AGENDA ITEM NO. 7: This time was set aside for the Council to receive comments from PUBLIC HEARING the public regarding a request from The Pocatello Pet Lodge, -CONTRACT REZONE represented by Stephanie Adams (mailing address: 1055 North -POCATELLO PET Arthur Avenue, Pocatello, ID 83204), for a rezone, by contract, of LODGE the property located at 3607 Poleline Road from Residential Commercial Professional to Commercial General for the purpose of relocating the Pocatello Pet Lodge animal boarding facility that is currently located at 4000 Yellowstone Avenue. Mayor Blad opened the public hearing. Stephanie Adams, 1055 North Arthur, stated she is the owner of Pocatello Pet Lodge. She gave an overview of the services offered at her luxury boarding facility. Ms. Adams stated the business is currently located at 4000 Yellowstone Avenue and was previously located in a residential area on Hawthorne Road. She stated she is currently leasing the facility and is looking to purchase the commercial building located at 3607 Pole Line Road. Ms. Adams explained that the pet lodge is open from 7:00 a.m. to 7:00 p.m., has 17 employees and typically has 30 clients per day. She added that pet owners pay to have their animals taken care of in a clean facility where their needs are met on a daily basis. Ms. Adams played two recordings to illustrate the sound generated inside and outside of the business on a typical day. She explained that the daily animal related services are allowed in the Residential/Commercial/Professional (RCP) zoning area and that the proposed contract rezone to Commercial General (CG) is required because they also offer overnight animal boarding. Ms. Adams emphasized that overnight housing of animals is inside the building and pets are never left outside overnight. Dave Foster, Associate Planner, gave an overview of the property and explained that the overnight boarding of animals is not allowed at the location under current Residential/Commercial/Professional (RCP) zoning. He stated that the Planning and Zoning Commission recommended approval with conditions. Mr. Foster indicated that condition No. 12 is not applicable, as it relates to lighting. He clarified that the entrance to the business is on Nixon Street. Mayor Blad announced written communication had been received. Elaine Jacobson, 1150 North Grant Avenue, spoke in favor of the proposal and stated that she has been a customer of Pocatello Pet Lodge for five years. She stated that the facility is very clean inside and outside and added that Ms. Adams has a reputation for being a positive contributor to Pocatello. Linda Reichardt, 5146 Galena Avenue, spoke in favor of the proposal and stated that she regularly brings her dog to Pocatello Pet Lodge for daycare. She added that the safety and cleanliness of a lodging facility is her main concern and Pocatello Pet Lodge maintains high standards for the facility. Ms. Reichardt feels that the proposed location is an excellent choice for the facility and that neighbors may appreciate the improvements planned for the building. Christina Mangels, 1340 Ridge Street, is in favor of the proposal and stated she is a full time employee at the facility. She appreciates the high quality of care offered to the animals at the facility. Ms. Mangels stated that the facility can accommodate various types of animals and adheres to strict cleaning guidelines in order to continue luxury standards. REGULAR CITY COUNCIL MEETING 4 MARCH 5, 2015 Ron Francis, 78 Stanford Avenue, spoke in support of the proposal. He stated he frequently takes his daughter to work at Pocatello Pet Lodge and has never observed an unusual amount of traffic in the area of the business. Mr. Francis stated he has observed foul odors from the horses residing in the adjoining pasture but he has not detected pet odors at the facility. Holly Wilson, 882 Nixon Road, spoke in favor of the proposal and stated that she lives within 200 feet of the proposed property. She feels traffic in the area will increase regardless of the type of business located at the facility. Ms. Wilson added that the neighborhood is semi-rural and horses, goats and cows are already kept in the area. She feels Pocatello Pet Lodge owners are making sufficient efforts to enhance the neighborhood and alleviate any potential concerns. Jeff Anderson, 5888 Evergreen Drive, spoke in support of the proposal and stated he is a retired veterinarian and part owner in the property at 4000 Yellowstone Avenue, the current location of the Pocatello Pet Lodge. He feels the facility is one of the cleanest and most well-kept facilities he has seen in 45 years of veterinary practice. Mr. Anderson added that he has never observed the property to be messy or malodorous. Don Zebe, 465 Berrett Street, spoke in favor of the proposal and emphasized that a grooming and doggy daycare facility would be approved outright under current zoning laws. He stated that overnight boarding is the only portion that is not allowed and noise issues are unlikely during that time. Mr. Zebe stated he is a commercial broker and property values are not impacted by businesses on the commercial thoroughfare, but are impacted by other residential properties. Denny Holtsizer, 829 North Arthur Street, spoke in support of the proposal. He stated he frequently takes his dogs to the Pocatello Pet Lodge and feels there is not a problem with noise from the animals, as the building is soundproof. Idaho Lorax, Pocatello resident, spoke in favor of the proposal and feels citizens need businesses which meet their needs. Alex Bliven, 978 Nixon Road, spoke in favor of the proposal and stated his initial concern was regarding traffic. He feels the addition of the business traffic will not cause a hardship on the area. Niki Taysom, 4604 Burley Drive, Chubbuck, spoke in opposition to the proposal and stated she is not opposed to the business, but she feels current zoning standards should be adhered to. Steve Kinney, 5647 Ski View Drive, stated he previously lived at 838 Nixon in the apartment complex directly behind the proposed property. He stated that he is opposed to the proposal and feels the noise would be excessive and could hinder the rentability of the nearby apartments. David Nelson, 863 Nixon Road, spoke in opposition to the proposal and shared his concerns regarding the effect it may have on the ability to sell and/or rent homes in the area. He added that he is also concerned about the additional traffic that may result from the business. REGULAR CITY COUNCIL MEETING 5 MARCH 5, 2015 Lynette Chavis, 851 Nixon Road, spoke in opposition to the proposal and feels other buildings in the area would be more suitable for the business. She shared her concerns regarding barking dogs, potential insect problems and deodorization methods. Ms. Chavis presented Council with a petition signed by neighborhood residents who are also opposed to the proposal. David Ross, 2459 Hiskey Street, spoke in opposition to the proposal. He stated he owns an apartment complex located at 838 Nixon and feels more research should be done to fully identify the potential traffic and health issues associated with the proposed contract rezone. Mr. Ross feels the application should be returned to the Planning and Zoning Commission for reconsideration. He would like to see more information offered regarding wastewater runoff, air quality, deodorization and insect control. Krystal Ross, 2459 Hiskey Street, spoke in opposition to the proposal. She stated she owns an apartment complex located at 838 Nixon. Ms. Ross believes that Ms. Adams is a good business owner, but feels zoning ordinances are in place to protect the community. Chad Pitcher, 941 Nixon Road, spoke in opposition to the proposal and stated he is concerned about the effects of animal waste on groundwater runoff. He shared his concerns regarding the deodorizing chemicals used to disinfect the yard. Pam Nelson, 863 Nixon Road, spoke in opposition to the proposal and stated she is also concerned with the effects on groundwater and potential flooding issues during rainstorms. Rex Worthington, 905 Nixon Road, spoke in opposition to the proposal and feels there will be negative effects on groundwater and potential irrigation runoff from the property. Yolanda Yandle, 919 Nixon Road, spoke in opposition to the proposal and stated she is concerned about pet odors in the area. Kevin Coffin, 3617 Poleline Road, spoke in opposition to the proposal and asked Council to please consider what the neighborhood wants. In response to questions from Council, Stephanie Adams stated that an enzymatic cleaner is applied to the pet exercise area to deodorize the yard and neutralize pet urine. She added that an irrigation canal is located adjacent to the current facility and there have been no concerns regarding waste effects on the irrigation water. Ms. Adams emphasized that solid waste is gathered, bagged and disposed of in a dumpster. She stated that the absorption of urine is no more concentrated than at the dog park located on the west side of Pocatello and that dogs produce significantly less urine than horses do. Ms. Adams stated that the facility has 48 holding areas capable of holding up to 80 animals. She emphasized that filling the facility to maximum capacity is very rare and undesirable, but it has been filled to capacity on one occasion—in 2012 during the Charlotte Fire emergency. Ms. Adams stated that wood chips are used in the outdoor yard at the facility and chips are refreshed once a year. She shared that dogs are exercised at the facility in groups of six to ten dogs at a time and that barking is minimal, as animals are being exercised. Ms. Adams stated that the existing fence at the property is not sufficient for the business needs and will be rebuilt according to safety standards using sound minimizing materials. REGULAR CITY COUNCIL MEETING 6 MARCH 5, 2015 In response to questions from Council, Mr. Foster stated according to state and city codes, all public hearing notification requirements were met by 1) mailing letters to property owners within a 300 foot radius of the property; 2) posting a public hearing notice sign on the property; and 3) publishing a public hearing notification in the local newspaper, the Idaho State Journal. He emphasized that overnight boarding was the only service that fell outside of the approved uses according to current zoning laws. Mr. Foster stated he feels the concern raised by neighbors regarding barking at night has been addressed by Ms. Adams. In response to questions from Council, Mary Remer, Animal Services Director, stated it is typical for dogs to bark if their needs are not met. She added that animal shelter dogs are under stress and four staff members are unable to provide the attention to animals that is offered at Pocatello Pet Lodge, which employs 17 staff members. Ms. Remer stated the Animal Shelter does not use an enzyme product on the outside play area and the shelter has not had an issue with odors. She explained that Animal Services would respond to complaints received about the Pocatello Pet Lodge, if reported. There being no further public comments, Mayor Blad closed the public hearing. Ex parte communication was announced by Mr. Johnston, Mr. Cooper, Mrs. Nye and Mr. Brown. Mr. Tranmer clarified that outside communication does not disqualify Council members from voting, unless they are offered monetary compensation in return for the applicable vote. A motion was made by Mrs. Nye, seconded by Mr. Moore, to approve a request from The Pocatello Pet Lodge, represented by Stephanie Adams, for a rezone, by contract, of the property located at 3607 Poleline Road from Residential Commercial Professional to Commercial General for the purpose of relocating the Pocatello Pet Lodge animal boarding facility that is currently located at 4000 Yellowstone Avenue with the following conditions: 1) The commercial use of the subject property is restricted to: a) Overnight boarding, pet daycare, and grooming services for dogs, cats, small animals, birds and reptiles; and b) Occasional one-on-one or small group training classes; 2) The hours of operation are not to exceed 7:00 a.m. to 7:00 p.m.; 3) All “guests” are housed indoors. Dogs are housed completely indoors. The dogs are taken to the exercise yard in small, controlled, supervised groups throughout the day; 4) In order to manage waste smell and buildup, the facility must be kept clean and guests healthy. Animal waste in the yard is removed after each exercise group and the yard is deodorized 2 times a week; 5) The exercise yard will be fully fenced and maintained with a six (6) foot high privacy (solid, sight obscuring) fence; 6) All signage shall comply with Residential Commercial Professional (RCP) standards by separate permit; 7) All other applicable Residential Commercial Professional (RCP) zone standards by separate permit; 8) Any activity requiring a separate development or building permit shall comply with applicable regulations; 9) The Applicant agrees to designate the north side of Nixon Road adjacent to the subject property from the corner to the driveway as a “No Parking” zone; 10) The Applicant shall install sound boards inside the south and west walls of the main floor level where dogs will be kept; 11) All other standards and conditions of Municipal Code not herein addressed, but applicable, shall apply and that the decision be set out in appropriate Council Decision format. Upon roll call, those voting in favor were Nye, Moore, Brown and Orr. Cooper and Johnston voted in opposition to the motion. The motion passed. REGULAR CITY COUNCIL MEETING 7 MARCH 5, 2015 Mayor Blad called a recess at 8:14 p.m. Mayor Blad reconvened the meeting at 8:26 p.m. AGENDA ITEM NO. 8: Billy Satterfield of Juniper Land Development (mailing address: 2980 FINAL PLAT Clearwater Street, Pocatello, ID 83201), represented by Rocky -PARTRIDGE RIDGE Mountain Engineering and Surveying (mailing address: 2043 East 7TH ADDITION Center Street, Pocatello, ID 83201), has submitted a request to subdivide approximately 6.38 acres into 11 residential lots. The subdivision, Partridge Ridge 7th Addition, is located east of Andrew Street at the end of Owyhee Street. Planning and Zoning Commission reviewed the preliminary plat at their meeting on October 8, 2014 and recommended approval with the following conditions: 1) All conditions set out in the Engineering Department Memorandum dated February 19, 2015, from Dave Foster to Merril Quayle shall be met; 2) one new street right of way shall be created and installed by developer to provide access to the proposed lots. The new street right of way will be an extension of Stoneridge Drive to a “hammerhead style cul-de-sac turnaround; 3) all lots in the subdivision shall have a side yard drainage easement equal to the required side yard setback, and the front and rear yard shall be subject to a seven (7) foot drainage easement; 4) if applicable, developer shall submit Declaration of Covenants, Conditions, and Restrictions, to the City’s Legal Department to be approved prior to recording of the final plat; 5) the developer and the City Public Works Department staff will work together to determine suitable requirements and provisions for the delivery of City water to the subdivision; 6) all corrections to the preliminary plat which were noted by City staff shall be made prior to submittal of the final plat; and 7) all other standards and conditions of Municipal Code not herein discussed but applicable to residential development shall apply. A motion was made by Mr. Johnston, seconded by Mr. Moore, to approve a request from Billy Satterfield of Juniper Land Development, represented by Rocky Mountain Engineering and Surveying, to subdivide approximately 6.38 acres into 11 residential lots and that the subdivision, Partridge Ridge 7th Addition, is located east of Andrew Street at the end of Owyhee Street subject to conditions and that the decision be set out in appropriate Council Decision format. Upon roll call, those voting in favor were Johnston, Moore, Brown, Cooper, Nye and Orr. AGENDA ITEM NO. 9: Council was asked to adopt a Resolution amending the RESOLUTION Comprehensive Plan by revising, reorganizing and adding three (3) -AMENDING new chapters (Agriculture, National Interest Electrical Transmission COMPREHENSIVE Corridors and Pocatello Regional Airport), and amending the PLAN AND appendices and Comprehensive Plan Land Use Map to LAND USE MAP accommodate additional mixed use areas and to conform with ownership boundaries. Mrs. Nye stated she feels more emphasis should be made on the importance of water. She expressed her support for addition of the following phrase: “People, ecosystems, business and economies cannot exist without sufficient high quality water supplies. Therefore a policy to “Put water first” and fully mitigate future actions weighed against protecting our existing water sources is appropriate. Promote a “water security” policy of protecting existing and future uses of groundwater and surface water in the Bannock Range (City Creek through Mink Creek watersheds), the Portneuf watershed and Lower Portneuf Valley aquifer. Water Security includes sustainable access on a watershed basis to adequate quantities of water, of acceptable quality, to ensure human and ecosystem health.” REGULAR CITY COUNCIL MEETING 8 MARCH 5, 2015 Council discussion took place regarding addition of the proposed phrase. Dean Tranmer, City Attorney, stated that the Comprehensive Plan is a “living document” and can be amended at any time by following proper public hearing procedures. A motion was made by Mrs. Nye, seconded by Mr. Moore, to adopt a Resolution (2015-01) amending the Comprehensive Plan by revising, reorganizing and adding three (3) new chapters (Agriculture, National Interest Electrical Transmission Corridors an Pocatello Regional Airport), and amending the appendices and Comprehensive Plan Land Use Map to accommodate additional mixed use areas and to conform with ownership boundaries and to add the following paragraph: “People, ecosystems, business and economies cannot exist without sufficient high quality water supplies. Therefore a policy to “Put water first” and fully mitigate future actions weighed against protecting our existing water sources is appropriate. Promote a “water security” policy of protecting existing and future uses of groundwater and surface water in the Bannock Range (City Creek through Mink Creek watersheds), the Portneuf watershed and Lower Portneuf Valley aquifer. Water Security includes sustainable access on a watershed basis to adequate quantities of water, of acceptable quality, to ensure human and ecosystem health.” Council discussion continued regarding the proposed addition of the “water first” paragraph. Mrs. Nye’s motion was voted upon at this time. Upon roll call, those voting in favor were Nye and Moore. Brown, Cooper, Johnston and Orr voted in opposition to the motion. The motion failed. A motion was made by Mr. Brown, seconded by Mr. Cooper, to adopt a Resolution (2015-01) amending the Comprehensive Plan by revising, reorganizing and adding three (3) new chapters (Agriculture, national Interest Electrical Transmission Corridors an Pocatello Regional Airport), and amending the appendices and Comprehensive Plan Land Use Map to accommodate additional mixed use areas and to conform with ownership boundaries. . Upon roll call, those voting in favor were Brown, Cooper, Johnston, Moore and Orr. Nye voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 10: The Portneuf Valley Environmental Fair Committee requested up to COUNCIL SELECT $250.00 of Council Select funds to be used to cover porta-potti FUNDING REQUEST expenses related to their event to be held on April 18, 2015 at -PORTNEUF VALLEY Caldwell Park. (As of February 26, 2015 $4,750.00 remained in the ENVIRONMENTAL FAIR Council Select Fund.) A motion was made by Mr. Moore, seconded by Mr. Brown, to approve $250.00 of Council Select funds for the Portneuf Valley Environmental Fair Committee to be used to cover porta-potti expenses related to the event to be held on April 18, 2015 at Caldwell Park. 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. 11: Council was asked to accept and authorize the Mayor to sign, subject FEMA ASSISTANCE to Legal Department review, documents related to a grant in the TO FIREFIGHTERS amount of $51,962.00 awarded by FEMA Assistance to Firefighters -GRANT ACCEPTANCE to fund training and certification of Company and Staff Officers to Fire Officer I, II, III and IV as appropriate for rank. The training and certification will bring the Pocatello Fire Department into compliance with current national REGULAR CITY COUNCIL MEETING 9 MARCH 5, 2015 consensus standards for Company and Staff Officers. The grant covers 90% of the training expense with a 10% City match in the amount of $5,773.00. Funds for the match are available in the 2015 Fire Department budget. A motion was made by Mr. Moore, seconded by Mrs. Nye, to accept and authorize the Mayor to sign, subject to Legal Department review, documents related to a grant in the amount of $51,962.00 awarded by FEMA Assistance to Firefighters to fund training and certification of Company and Staff Officers to Fire Officer I, II, III and IV as appropriate for rank and that the 10% City match will be in the amount of $5,773.00. Upon roll call, those voting in favor were Moore, Nye, Brown, Cooper, Johnston and Orr. AGENDA ITEM NO. 12: Council was asked to approve a request for submission of an Ifft IFFT GRANT REQUEST Foundation Fund grant in the amount of $7,500.00 to renovate the -ZOO EXHIBITS porcupine, skunk and lynx exhibits at the Pocatello Zoo, and if awarded, authorize acceptance of the grant and authorize the Mayor to sign documents related to the Grant. The Zoo Division will supply approximately $3,500.00 of in- kind labor costs as the City match. Funds are available in the Zoo Division’s Fiscal Year 2015 budget. A motion was made by Mr. Cooper, seconded by Mr. Moore, to approve a request for submission of an Ifft Foundation Fund grant in the amount of $7,500.00 to renovate the porcupine, skunk and lynx exhibits at the Pocatello Zoo, and if awarded, authorize acceptance of the grant and authorize the Mayor to sign documents related to the Grant and that the Zoo Division will supply approximately $3,500.00 of in-kind labor costs as the City match. Upon roll call, those voting in favor were Cooper, Moore, Brown, Johnston, Nye and Orr. AGENDA ITEM NO. 13: Council was asked to accept the recommendation of staff and award STREET SWEEPER BID the 2016 Single Engine Street Sweeper with Squeegee Conveyor -STREET OPERATIONS procurement bid to Metroquip Equipment Company in the amount of $281,500.00. The Council was also asked to authorize the Mayor to sign any contract documents necessary for the purchase, pending Legal Department review. A motion was made by Mr. Moore, seconded by Mr. Orr, to accept the recommendation of staff and award the 2016 Single Engine Street Sweeper with Squeegee Conveyor procurement bid to Metroquip Equipment Company in the amount of $281,500.00 and authorize the Mayor to sign any contract documents necessary for the purchase, pending Legal Department review. Upon roll call, those voting in favor were Moore, Orr, Brown, Cooper, Johnston and Nye. AGENDA ITEM NO. 14: Council was asked to declare cat cages and miscellaneous office SURPLUS DECLARATION furniture no longer being used by Animal Services Department as -DONATION TO surplus and donate those items to Blackfoot Animal Shelter. BLACKFOOT ANIMAL SHELTER A motion was made by Mrs. Nye, seconded by Mr. Orr, to declare cat cages and miscellaneous office furniture no longer being used by Animal Services Department as surplus and authorize donation of those items to Blackfoot Animal Shelter.. Upon roll call, those voting in favor were Nye, Orr, Brown, Cooper, Johnston and Moore. AGENDA ITEM NO. 15: Council was asked to approve a lease agreement between the REGULAR CITY COUNCIL MEETING 10 MARCH 5, 2015 AIRPORT LEASE Eastern Idaho Aeromodelers and the City of Pocatello for property AGREEMENT-EASTERN at the Pocatello Regional Airport. The Aeromodelers are a non- IDAHO AEROMODELERS profit group currently leasing land for the purpose of operating an RC aircraft flying field. The property is approximately 8.26 acres and the lease will be for a one-year term with up to 3 one-year renewal options. Termination of the lease is allowed by either party upon 30-days’ written notice. The rental rate will be $284.03 per year and will be increased annually at least by the amount of the Consumer Price Index increase for the previous year. A motion was made by Mr. Brown, seconded by Mr. Cooper, to approve a lease agreement between the Eastern Idaho Aeromodelers and the City of Pocatello for property at the Pocatello Regional Airport for the purpose of operating an RC aircraft flying field on approximately 8.26 acres and the lease will be for a one-year term with up to 3 one-year renewal options and that the rental rate will be $284.03 per year and will be increased annually at least by the amount of the Consumer Price Index increase for the previous year. Upon roll call, those voting in favor were Brown, Cooper, Johnston, Moore, Nye and Orr. AGENDA ITEM NO. 16: Council was asked to approve and authorize the Mayor to sign an AIRPORT LEASE amendment to the lease agreement between the City and Idaho AMENDMENT-IDAHO Specialized Transportation dated December 18, 2014. The SPECIALIZED amendment will provide an additional 10,000 square feet of property TRANSPORTATION at a non-prorated rate additional cost of $5,000.00 per year. No other changes to the agreement are requested. In response to questions from Council, David Allen, Airport Manager, stated that the lease agreement with Idaho Specialized Transportation, dated December 18, 2014 specifically states that responsibility and assurances rest on Idaho Specialized Transportation regarding environmental safety. He stated that based upon research obtained prior to approval of the lease, MSDS sheets were submitted and materials were found to be non-hazardous. Council discussion continued regarding extension of the lease, monitoring of materials and documentation of materials stored on the land. Mr. Orr expressed concern regarding adequate insurance coverage by the leaseholder. A motion was made by Mr. Orr, seconded by Mr. Brown, to approve and authorize the Mayor to sign an amendment to the lease agreement between the City and Idaho Specialized Transportation dated December 18, 2014 to provide an additional 10,000 square feet of property at a non-prorated rate additional cost of $5,000.00 per year with the following conditions: 1) documentation must be received by the City regarding the heavy metal concentration of materials stored at the Airport to verify whether stored products fall under present Resource Conservation and Recovery Act (RCRA) and/or Comprehensive Environmental Response, Compensation and Liability Act (CERCLA); 2) Toxicity Characteristic Leaching Procedure (TCLP) sampling; and 3) documentation is due 60 days from the date of the contract and if documentation is not received, the lease shall be terminated by the City of Pocatello. In response to questions from Council, Hannah Sanger, Science and Environment Division Manager, REGULAR CITY COUNCIL MEETING 11 MARCH 5, 2015 stated that analyzing samples may take up to two weeks. She indicated an assessment from EPA could provide necessary information without additional sampling, as the site is overseen by the EPA. A substitute motion was made by Mr. Orr, seconded by Mr. Johnston, to approve and authorize the Mayor to sign an amendment to the lease agreement between the City and Idaho Specialized Transportation dated December 18, 2014 to provide an additional 10,000 square feet of property at a non-prorated rate additional cost of $5,000.00 per year with the following conditions: 1) documentation must be received by the City regarding the heavy metal concentration of materials stored at the Airport to verify whether stored products fall under present Resource Conservation and Recovery Act (RCRA) and/or Comprehensive Environmental Response, Compensation and Liability Act (CERCLA); 2) Toxicity Characteristic Leaching Procedure (TCLP) sampling; and 3) documentation is due 60 days from the date of the contract. Upon roll call, those voting in favor were Orr, Johnston, Brown, Moore and Nye. Cooper voted in opposition to the motion. The motion passed. It was the consensus of the Council that that terms and conditions of the lease be revisited again 60 days after the date of the contract amendment. AGENDA ITEM NO. 17: The Council was asked to approve and authorize the Mayor to sign a AIRPORT PROFESSIONAL professional services agreement with T-O Engineers for services at SERVICES AGREEMENT the Airport. The agreement is for preparation of preliminary –T-O ENGINEERS analysis of possible environmental impacts of the Project Pipe development, as required by FAA. Charges will be based on time and materials and will not exceed $15,850.00. The fee will be reimbursed by the Pocatello Development Authority. A motion was made by Mr. Moore, seconded by Mr. Orr, to approve and authorize the Mayor to sign a professional services agreement with T-O Engineers for services at the Airport for preparation of preliminary analysis of possible environmental impacts of the Project Pipe development, as required by FAA and that charges will not exceed $15,850.00 and will be reimbursed by the Pocatello Development Authority. Upon roll call, those voting in favor were Moore, Orr, Brown, Cooper, Johnston and Nye. AGENDA ITEM NO. 18: Council was asked to approve and authorize the Mayor to sign a Use AIRPORT USE Agreement between the City and Rick C. Morrison, dba Pocatello AGREEMENT-POCATELLO Motocross Park, for the use of City property adjacent to the MOTOCROSS PARK Motocross Park’s leased property for a one-day endure cross country event on March 28, 2015. The use fee will be $109.00. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve and authorize the Mayor to sign a Use Agreement between the City and Rick C. Morrison, dba Pocatello Motocross Park, for the use of City property adjacent to the Motocross Park’s leased property for a one-day endure cross country event on March 28, 2015 and that the use fee will be $109.00. Upon roll call, those voting in favor were Moore, Nye, Brown, Cooper, Johnston and Orr. AGENDA ITEM NO. 19: Council was asked to consider the recommendation of staff REGULAR CITY COUNCIL MEETING 12 MARCH 5, 2015 RISUN TECHNOLOGY regarding the sole source services of Risun Technology during the SOLE SOURCE Water Pollution Control Facility (WPCF) Phase 1 Improvement EXPENDITURE AND project. Risun would provide programming and integrating services DECLARATION-WPCF into the existing Supervisory Control and Data Acquisition (SCADA) system. Risun has worked on several projects at the facility and are very familiar with the existing SCADA system and the software utilized. Staff recommended proceeding with an owner-furnished approach for services rather than contractor provided services, subject to Legal Department review. In response to questions from Council, Jon Herrick, Water Pollution Control Facility Superintendent, stated that Risun Technology will work with current staff to provide experienced technical support to the WPCF instrumentation staff. He stated Risun Technology is familiar with WPCF standards and procedures and can provide services for optimum operation. A motion was made by Mrs. Nye, seconded by Mr. Brown, to accept the recommendation of staff and declare sole source services of Risun Technology during the Water Pollution Control Facility (WPCF) Phase 1 Improvement project to provide programming and integrating services into the existing Supervisory Control and Data Acquisition (SCADA) system, subject to Legal Department review. Upon roll call, those voting in favor were Nye, Brown, Cooper, Johnston, Moore and Orr. AGENDA ITEM NO. 20: Council was asked to consider a contract with CivicPlus to redesign CIVICPLUS WEBSITE the City’s web pages. The City’s web pages were developed several DESIGN CONTRACT years ago and technology has advanced to the point that a redesign is –INFORMATION necessary. Information Technology Department has the first year’s TECHNOLOGY cost of $24,063.07 available in their Fiscal Year 2015 budget. Cost DEPARTMENT scheduled for years 2 and 3 is $15,634.50 and year 4 is $7,140.00. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve a contract with CivicPlus to redesign the City’s web pages and that the first year’s cost will be $24,063.07 the cost for years 2 and 3 will be $15,634.50 and year 4 will be $7,140.00. Upon roll call, those voting in favor were Moore, Nye, Brown, Cooper, Johnston and Orr. AGENDA ITEM NO. 21: Council was asked to consider a Professional Services Contract with SEAMLESSDOCS SeamlessDocs to convert forms utilized by City departments. ELECTRONIC FORMS Approximately 175 forms are currently used in multiple formats and CONTRACT this service would convert the forms to a single format and host -INFORMATION them on the contractor’s servers (cloud based) and will allow for TECHNOLOGY more efficient completion of City business. The contract is DEPARTMENT $4,950.00 per year and funds are available in Information Technology Department’s Fiscal Year 2015 budget. A motion was made by Mr. Moore, seconded by Mr. Brown, to approve a Professional Services Contract with SeamlessDocs to convert forms utilized by City departments to convert City forms to a single format and host them on the contractor’s servers (cloud based) and that the contract price will be $4,950.00 per year. Upon roll call, those voting in favor were Moore, Brown, Cooper, Johnston, Nye and Orr. AGENDA ITEM NO. 22: Council was asked to approve a resolution and authorize execution REGULAR CITY COUNCIL MEETING 13 MARCH 5, 2015 RESOLUTION of an agreement between the State of Idaho and City of Pocatello -MARTIN LUTHER for the construction of the Martin Luther King (MLK) Complete KING COMPLETE Street Project, subject to Legal Department review. The federal aid STREET PROJECT project will improve safety and mobility for pedestrians, bicyclists, and transit users while maintaining efficient access for vehicles and emergency access. Construction is scheduled for Fiscal Year 2015. A motion was made by Mr. Moore, seconded by Mr. Cooper, to approve a resolution (2015-02) and authorize execution of an agreement between the State of Idaho and City of Pocatello for the construction of the Martin Luther King (MLK) Complete Street Project, subject to Legal Department review. Upon roll call, those voting in favor were Moore, Cooper, Brown, Johnston, Nye and Orr. AGENDA ITEM NO. 23: Idaho Lorax, Pocatello resident, shared his support for community DISCUSSION ITEMS cleanup efforts. Mark Gunning, 2516 Marilyn Street, shared his concerns regarding school zones and the time periods where school zone speed limits are enforced. He feels the time period in which a school zone is in force should reflect the actual time students are in school. Mr. Gunning believes having school zones in effect until 5:30 p.m. is excessive and should be reduced to 3:30 p.m. Niki Taysom, 4604 Burley Drive, Chubbuck, shared several quotes from authors and expressed her support for the Constitution. There being no further business, Mayor Blad adjourned the meeting at 9:15 p.m. APPROVED BY: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK