City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING MAY 7, 2015 CLARIFICATION The City Council Agenda Clarification Meeting was called to MEETING to order at 5:34 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. 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 and ALLEGIANCE Michael L. Orr. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was given by Pocatello resident, Tami INVOCATION Carson representing the Buddhist Community. 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 April 9, 2015 Study Session; April 16, 2015 Executive Session; Clarification meeting and Regular Council meeting of April 16, 2015; and Joint Cities meeting of April 20, 2015. -PAYROLL AND (b) Consider payroll and material claims for the month of April 2015 in MATERIAL CLAIMS the amount of $5,821,741.25. -PLANNING AND (c) Confirm the Mayor’s appointment of Matthew Tovey to continue ZONING COMMISSION his service as a member of the Planning and Zoning REAPPOINTMENT Commission. Mr. Tovey’s term will begin May 21, 2015 and will expire May 21, 2019. -POCATELLO (d) Confirm the Mayor’s appointment of Scott Smith and Tom DEVELOPMENT Ottaway to serve as members of the Pocatello Development AUTHORITY Authority Board. Mr. Smith will replace Caroline Wight APPOINTMENTS and Mr. Ottaway will replace Ryan Ward. Both terms will begin May 8, 2015 and will expire May 1, 2019. -USE AGREEMENT (e) Consider a Use Agreement with Dennis Udy, dba Rocky Mountain ROCKY MOUNTAIN School of Baseball (RMSB) for use of City baseball fields for a youth SCHOOL OF BASEBALL baseball tournament on May 9 and 10, 2015. RMSB will be required to pay applicable rental fees and provide the required liability insurance, naming the City as an additional insured. They will also be responsible for field maintenance, cleaning the facilities, any damage resulting from their use, and any additional costs incurred by the City as a result of the tournament. REGULAR CITY COUNCIL MEETING 2 MAY 7, 2015 -USE AGREEMENT (f) Consider a Use Agreement with Korbie Vaughn, dba Let’s Kick It LET’S KICK IT Soccer Camp for the use of City soccer fields at NOP Park June 8 SOCCER CAMP through 11, 2015 for a youth soccer camp. Ms. Vaughn will be required to pay applicable rental fees and provide the required liability insurance, naming the City as an additional insured. Ms. Vaughn will be responsible for field preparation and repairing any damage resulting from usage of the fields. -EXCEPTION (g) Grant an exception to City Code 12.36.030 to allow dogs in Ross REQUEST Park on October 3, 2015 for the Animal Shelter’s 18th Run With The 18TH ANNUAL RUN Big Dogs Annual Fundraising Event. Dogs, under the control of WITH THE BIG DOGS their owners, will be attending the event. -MOU-RENEWAL OF (h) Consider renewing the Memorandum of Understanding (MOU) EMERGENCY between Idaho State University (ISU) and the City of Pocatello RESPONSE INVOLVING concerning response to emergencies at ISU involving radiation. RADIATION -AGREEMENT (i) Consider authorizing, subject to Legal Department review, an PRIME TIME agreement with Prime Time Auctions to provide their services at A AUCTIONS Midsummer’s Night For The Zoo on July 11, 2015. This is the same –MIDSUMMER’S service Prime Time Auctions has provided in past years for the NIGHT FOR THE ZOO annual fundraising Zoo event. -POLICE CANINE (j) Consider a request from the Police Department to allow transfer of OWNERSHIP Canine Rex to his handler Sergeant Chad Horst for $1.00. The TRANSFER canine is being retired from service. -ANNUAL (k) Approve submission of the Fiscal Year 2015 application of a CERTIFIED LOCAL $5,500.00 Idaho State Historical Preservation Office grant and, if the GOVERNMENT GRANT grant is awarded, authorize acceptance of the grant and authorize the APPLICATION Mayor to sign, documents related to the grant. This is an annual -PLANNING grant and the work program for 2015 includes a request of $2,500.00 for Commission members’ training; $2,000.00 for a Historic Preservation Plan; $500.00 to update brochures; and $500.00 for continued work on digital archives. A motion was made by Mr. Moore, seconded by Mr. Johnston, to approve the items on the consent agenda. Upon roll call, those voting in favor were Moore, Johnston, Brown, Cooper, Nye and Orr. AGENDA ITEM NO. 4: Mayor Blad welcomed a boy scout from Troop COMMUNICATIONS AND No. 350. PROCLAMATIONS Mr. Moore, on behalf of Mayor Blad, read a proclamation declaring May 8, 2015 as Arbor Day. Mr. Orr read a proclamation on behalf of Mayor Blad declaring May 3 through May 9, 2015 as Municipal Clerks Week. Mayor Blad presented the proclamation to Ruth Whitworth, City Clerk. Ms. Whitworth thanked the Mayor and Council for the proclamation. REGULAR CITY COUNCIL MEETING 3 MAY 7, 2015 Mr. Johnston, on behalf of Mayor Blad, read a proclamation declaring the month of May 2015 as Bike to Work Month in Pocatello. Nicki Richards, representative of Bannock Transportation Planning Organization, accepted the proclamation and thanked the Mayor and Council for the proclamation and announced upcoming “Bike to Work” activities in the community. AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the May 14th Study CALENDAR REVIEW Session at 9:00 a.m. followed by a Budget meeting immediately followed by an Executive Session; the May 21st Budget meeting at 9:00 a.m.; and the May 21st Regular City Council meeting at 6:00 p.m. Mayor Blad announced the City surplus auction will be held on May 9th at Prime Time Auctions; the Field of Heroes Event will be held at Century High School May 18th through May 26th; dog licenses are on sale for half-price throughout the month of May; and summer public swim hours at the Community Recreation Center are now Monday through Thursday 7:00 p.m. to 9:00 p.m. and a lifeguard will be on duty during those times; May 9th will be a CASA cookoff between police officers and firefighters; and May 9th will be a DARE graduate bicycle tour. AGENDA ITEM NO. 6: This time was set aside for the Council to receive comments from the PUBLIC HEARING public regarding a request by Brett and Carisa Lopez (mailing -ALCOHOL BEVERAGE address: 625 North 13th Avenue, Pocatello ID 83201) for an LICENSE EXCEPTION exception to Idaho Code §23-913 and 23-1011B to allow Retail Sale REQUEST-2251 SOUTH of Liquor (beer and wine) by the Drink license at the restaurant 5TH AVENUE located at 2251 South 5th Avenue. Idaho Code §23-913 states “No license shall be issued for any premises in any neighborhood which is predominantly residential or within 300 feet of any public school, church, or any other place of worship, measured in a straight line to the nearest entrance to the licensed premise, except with the approval of the governing body of the municipality;…” The applicant requests permission to allow such sales at the restaurant which is within 300 feet of a place of worship, Church of Jesus Christ of Latter Day Saints and a residential zoning district. Mayor Blad announced there had been no ex parte communication. Mayor Blad opened the public hearing. Brett Lopez, 625 North 13th Avenue, gave an overview of the planned restaurant, stated the restaurant would not be open on Sundays and asked for approval to allow beer and wine by the drink. He announced they have received support from the neighboring church and he hopes to open the restaurant sometime in July. Mr. Lopez gave some details on their planned cooking methods. Terri Neu, Associate Planner, gave an overview of the proposed application. She stated similar requests have been approved at the same location in the past. Ms. Neu explained that a new application is necessary, as the application is valid only for the applicant, not the location. Niki Taysom, Chubbuck resident, spoke in opposition to the application and stated she is against the use of alcohol. There being no further public comments, Mayor Blad closed the public hearing. REGULAR CITY COUNCIL MEETING 4 MAY 7, 2015 A motion was made by Mr. Moore, seconded by Mrs. Nye, to grant an exception to Idaho Code §23-913 and 23-1011B to allow Retail Sale of Liquor (beer and wine) by the Drink license at the restaurant located at 2251 South 5th Avenue as recommended by staff. Upon roll call, those voting in favor were Moore, Nye, Brown, Cooper, Johnston and Orr. AGENDA ITEM NO. 7: This time was set aside for the Council to receive comments from PUBLIC HEARING the public regarding a request by property owners on Arabian -REZONE OF Avenue, represented by Dennis Jablonski (mailing address: 478 LOTS FRONTING Arabian Avenue, Pocatello ID 83201) to rezone all of the lots ARABIAN AVENUE fronting Arabian Avenue. The request is to rezone the properties that are located in Residential Medium Density Multi-Family (RMM) and Residential Commercial Professional (RCP) zoning districts to Residential Low Density (RL). The Planning and Zoning Commission held a public hearing on April 8, 2015 and recommended approval of the request. Mayor Blad announced there had been no ex parte communication. Mayor Blad opened the public hearing. Dennis Jablonski, 478 Arabian Avenue, gave an overview of the application and historical zoning information. He stated that in 2008, zoning was changed to allow a boarding house in the area. Mr. Jablonski added that many neighborhood problems have arisen since that time. He and other neighbors would like to have the zoning on Arabian changed to Residential Low Density. Mr. Jablonski thanked individuals who have been instrumental in helping with the application. He clarified that four residences on the south end of Arabian are single family dwellings, but the area is zoned Residential Commercial Professional. Dave Foster, Associate Planner, stated rezoning of the area is to correct the mixed use zoning put into place in 2008. He stated the zoning change would standardize the residences and their zoning district. Mr. Foster clarified that zoning changes are usually designated to run to the center line of the adjoining street. With this zoning change, however, it is recommended to continue to the opposite side of the street, which is also the City/County boundary line. In response to questions from Council, Mr. Foster explained that improved technology and mapping programs are now available to give further analysis for zoning changes. He added that adjustment to the inconsistencies in the zoning ordinance will continue to be corrected in other areas of the city. Mayor Blad announced no written communication had been received. Jim Law, 486 Arabian Avenue, spoke in support of the application. He stated the street is unique and not designed for heavy traffic. Niki Taysom, Chubbuck resident, spoke in support of the application and feels fixing the inconsistencies in the zoning ordinance is important for future development. Greg Gigger, 491 Arabian Avenue, spoke in support of the application. He feels the neighborhood is not an appropriate place for boarding houses and would like to see the zoning changed to Residential Low Density. Idaho Lorax, Pocatello resident, spoke in support of the application. REGULAR CITY COUNCIL MEETING 5 MAY 7, 2015 Kerry Heinz, 391 Arabian Avenue, spoke in support of the application. He has lived in the area for 24 years and would like to have the neighborhood preserved to be family friendly. There being no further public comments, Mayor Blad closed the public hearing. A motion was made by Mr. Johnston, seconded by Mr. Brown, to approve a request by property owners on Arabian Avenue and rezone all of the lots fronting Arabian Avenue and that the properties shall be rezoned from Residential Medium Density Multi-Family (RMM) and Residential Commercial Professional (RCP) zoning districts to Residential Low Density (RL) as recommended by staff and that the Decision be set out in the appropriate Council Decision format. Mr. Johnston asked about the appropriateness of issuing a refund to the applicant for application fees. Mr. Jablonski stated $1,068.00 had been spend on application fees. Mr. Johnston’s motion was voted upon at this time. Upon roll call, those voting in favor were Johnston, Brown, Cooper, Moore, Nye and Orr. AGENDA ITEM NO. 8: Doug Davis of Screamin’ Hot Real Estate (SHRE) (mailing address: SHORT PLAT-SHRE 7068 North Sienna Glen Way, Meridian ID 83646) and Rocky SUBDIVISION Mountain Engineering and Surveying (mailing address: 2043 East Center Street, Pocatello ID 83201) have submitted an application for a short plat. The proposal calls for the platting of approximately 2.25 acres into 2 commercial lots located on Poleline Road and Hurley Drive. The Planning and Zoning Commission held a meeting on April 8, 2015 and recommended approval of the request. Mayor Blad clarified that the subdivision would be called “Commerce Subdivision.” A motion was made by Mr. Brown, seconded by Mr. Moore, to approve a request by Doug Davis of Screamin’ Hot Real Estate (SHRE) and Rocky Mountain Engineering and Surveying and approve an application for a short plat for the platting of approximately 2.25 acres into 2 commercial lots located on Poleline Road and Hurley Drive with the following conditions: 1) All conditions noted in the memo from Merril Quayle to Matthew Lewis dated April 2, 2015 shall be strictly adhered to prior to recording of an approved plat; 2) signs shall be approved by separate permit; 3) all corrections noted by City representatives on the plat shall be completed prior to recording of the plat; and 4) all other standards and conditions of Municipal Code not herein stated but applicable to platting and commercial development shall apply. Upon roll call, those voting in favor were Brown, Moore, Cooper, Johnston, Nye and Orr. AGENDA ITEM NO. 9: Matthew Witt of Rocky Mountain Management and Development SHORT PLAT (mailing address: 2700 West Airport Way, Boise ID 83705) and -POCATELLO SQUARE Harper Leavitt Engineering (mailing Address: PO Box 866, POLELINE ADDITION Blackfoot ID 83221) have submitted an application for a short plat. The proposal calls for the platting of approximately 0.73 acres into one commercial lot located on Poleline Road within the Pocatello Square Subdivision. Mayor Blad clarified that the subdivision would be called “Auto Parts Subdivision.” REGULAR CITY COUNCIL MEETING 6 MAY 7, 2015 A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve a request by Matthew Witt of Rocky Mountain Management and Development and Harper Leavitt Engineering and approve an application for a short plat for the platting of approximately 0.73 acres into one commercial lot located on Poleline Road within the Pocatello Square Subdivision with the following conditions: 1) All conditions noted in the memo from Merril Quayle to Matthew Lewis dated April 8, 2015 shall be strictly adhered to prior to recording of an approved plat; 2) all corrections noted by City representatives on the plat shall be completed prior to recording of the plat; and 3) all other standards and conditions of Municipal Code not herein stated but applicable to platting and commercial development shall apply. Upon roll call, those voting in favor were Moore, Nye, Brown, Cooper, Johnston and Orr. AGENDA ITEM NO. 10: Council was asked to declare a 2005 GMC Yukon from the Police SURPLUS VEHICLE Department as surplus equipment and approve the donation of this DECLARATION AND vehicle to Historic Old Town Pocatello Foundation, Inc. Old Town DONATION-POLICE Pocatello Foundation is a non-profit organization which oversees DEPARTMENT the Idaho State University Welcome Back Orange and Black Celebration and other events. A motion was made by Mr. Orr, seconded by Mr. Brown, to declare a 2005 GMC Yukon from the Police Department as surplus equipment and deny the donation of the vehicle to Historic Old Town Pocatello Foundation, Inc. and that the vehicle be sold at a public auction on May 9, 2015. Mr. Johnston stated he feels the donation is a very good opportunity to welcome and show support for Idaho State University students. Mrs. Nye stated she felt the vehicle under consideration for donation is much newer than other cars which have been donated in the past. Mr. Orr stated that he believes it is a good cause, but feels it would be more appropriate to sell the 2005 GMC vehicle and donate the funds, rather than donate the vehicle. He feels there is a better way to surplus City property. Dean Tranmer, City Attorney, clarified that the City has the appropriate power to donate surplus property to another government body or entity, if it is in the best interest of the community. Mr. Orr’s motion was voted upon at this time. Upon roll call, those voting in favor were Orr, Brown and Moore. Cooper, Johnston 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 opposition to the motion. The motion failed. A motion was made by Mr. Johnston, seconded by Mr. Moore, to declare a 2005 GMC Yukon from the Police Department as surplus equipment and approve the donation of the vehicle to Historic Old Town Pocatello Foundation, Inc. Upon roll call, those voting in favor were Johnston, Moore, Cooper and Nye. Brown and Orr voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 11: Council was asked to accept the recommendations of staff for the QUINN ROAD following requests regarding the Quinn Road Sewer Improvement SEWER IMPROVEMENT project: PROJECT REGULAR CITY COUNCIL MEETING 7 MAY 7, 2015 BID ACCEPTANCE a) Accept the lowest responsive bid received on April 28, 2015 from -A+ CONTRACTORS, A+ Contractors, LLC in the amount of $77,885.00 and, if the bid is LLC accepted; AGREEMENT b) Authorize the Mayor’s execution of an Agreement between the City –A+ CONTRACTORS, of Pocatello and A+ Contractors, LLC in the amount of $77,885.00 LLC for the Quinn Road Sewer Improvement project, subject to Legal Department review. Funds for the project are available in Fund 032. An Idaho Department of Commerce Business and Job Development Grant will reimburse the City in an amount up to $77,907.00. A motion was made by Mr. Moore, seconded by Mrs. Nye, to accept the recommendations of staff and a) accept the lowest responsive bid received on April 28, 2015 from A+ Contractors, LLC in the amount of $77,885.00; and b) authorize the Mayor’s execution of an Agreement between the City of Pocatello and A+ Contractors, LLC in the amount of $77,885.00 for the Quinn Road Sewer Improvement project, subject to Legal Department review and that an Idaho Department of Commerce Business and Job Development Grant will reimburse the City in an amount up to $77,907.00. In response to a question by Council, Mike Jaglowski, Public Works Director, stated there will be no cost to the City for this project. Mr. Moore’s motion was voted upon at this time. Upon roll call, those voting in favor were Moore, Nye, Brown, Cooper, Johnston and Orr. AGENDA ITEM NO. 12: Council was asked to accept staff recommendation and authorize the PHASE ONE Mayor to sign an agreement with HDR Engineering, Inc., subject to PROFESSIONAL SERVICES Legal Department review, to provide services during construction of AGREEMENT-HDR the Phase One Phosphorus project. This agreement covers all ENGINEERING, INC. aspects of the construction project such as administration, engineering, field service, commissioning, and project close-out. This agreement is not to exceed $1,446,120.00 and funds are available under the recent Judicial Confirmation determination. A motion was made by Mr. Johnston, seconded by Mr. Orr, to accept staff recommendation and authorize the Mayor to sign an agreement with HDR Engineering, Inc., subject to Legal Department review, to provide services during construction of the Phase One Phosphorus project and that the agreement will cover all aspects of the construction project including administration, engineering, field service, commissioning and project close-out and that the agreement is not to exceed $1,446,120.00. Upon roll call, those voting in favor were Johnston, Orr, Brown, Cooper, Moore and Nye. AGENDA ITEM NO. 13: Hope Rides, Inc., represented by Victoria Byrd, is requesting that “COUNCIL SELECT” “Council Select” funds in the amount of $200.00 be used to help pay FUNDING REQUEST for the rental of portable toilets in connection with a fundraising -PINK RIBBON TOUR event to build awareness about breast cancer and funds for a local cancer patient. The Pink Ribbon Tour event will be held at Portneuf Wellness Complex on October 3, 2015. (As of May 1, 2015 $4,500.00 remained in the “Council Select” fund.) REGULAR CITY COUNCIL MEETING 8 MAY 7, 2015 In response to questions from Council, Victoria Byrd stated portable restrooms will be necessary at different aid stations along the route, in addition to the facilities available at the wellness complex. She added that funds raised by the event will be overseen by the Portneuf Healthcare Foundation and distributed to local cancer patients. A motion was made by Mr. Johnston, seconded by Mrs. Nye, to approve a request from Hope Rides, Inc., represented by Victoria Byrd for “Council Select” funds in the amount of $200.00 to be used to help pay for the rental of portable toilets in connection with The Pink Ribbon Tour fundraising event to build awareness about breast cancer and funds for local cancer patients to be held at Portneuf Wellness Complex on October 3, 2015. Upon roll call, those voting in favor were Johnston, Nye, Brown, Cooper, Moore and Orr. AGENDA ITEM NO. 14: Idaho Field of Heroes Memorial, represented by Susan Thurm “COUNCIL SELECT” and/or Melissa Hartman, (mailing address: 921 South 8th Avenue, FUNDING REQUEST Stop 8095, Pocatello ID 83209) is requesting that “Council Select” -IDAHO FIELD OF funds in the amount of $250.00 be used to help pay for the rental of HEROES MEMORIAL portable toilets in connection with the Idaho Field of Heroes Memorial event. The event will be held at Century High School May 18 through 29, 2015. (As of May 1, 2015 $4,500.00 remained in the “Council Select” fund.) A motion was made by Mr. Johnston, seconded by Mr. Moore, to approve a request from Idaho Field of Heroes Memorial, represented by Susan Thurm and Melissa Hartman for “Council Select” funds in the amount of $250.00 to be used to help pay for the rental of portable toilets in connection with the Idaho Field of Heroes Memorial event to be held at Century High School May 18 through 29, 2015. Upon roll call, those voting in favor were Johnston, Moore, Brown, Cooper, Nye and Orr. AGENDA ITEM NO. 15: The Pocatello Kiwanis Club (mailing address: 4943 Redfish, “COUNCIL SELECT” Chubbuck ID 83202) represented by Tim Shurtliff is requesting that FUNDING REQUEST “Council Select” funds in the amount of $400.00 be used to pay the -POCATELLO picnic table rental and moving fees for 25 tables for the 49th Annual KIWANIS CLUB Bing Hong Kiwanis Pancake Breakfast to be held June 27th and June 28th. (As of May 1, 2015 $4,500.00 remained in the “Council Select” fund.) A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve a request from The Pocatello Kiwanis Club, represented by Tim Shurtliff for “Council Select” funds in the amount of $250.00 to be used to pay the picnic table rental and moving fees for 25 tables for the 49th Annual Bing Hong Kiwanis Pancake Breakfast to be held June 27 and June 28, 2015. Tim Shurtliff, Kiwanis Club representative, gave an overview of the community projects in which the Kiwanis Club participates. He invited Mayor Blad to accept the challenge from Chubbuck Mayor Kevin England in a “Pancake Flipping contest” during the pancake breakfast fundraiser. Mr. Moore’s motion was voted upon at this time. Upon roll call, those voting in favor were Moore, Nye, Brown, Cooper, Johnston and Orr. AGENDA ITEM NO. 16: Council was asked to adopt a resolution approving the RESOLUTION-DBE Disadvantaged Business Enterprise (DBE) Plan for the Pocatello FISCAL YEAR 2015 PLAN Regional Transit Department (PRT) for Plan Year 2015. The plan allows PRT to be in compliance with Federal Transit Administration and Idaho Transportation Department requirements for receiving grant funds. REGULAR CITY COUNCIL MEETING 9 MAY 7, 2015 A motion was made by Mr. Moore, seconded by Mr. Johnston, to adopt a resolution (2015-05) approving the Disadvantaged Business Enterprise (DBE) Plan for the Pocatello Regional Transit Department (PRT) for Plan Year 2015 to allow PRT to be in compliance with Federal Transit Administration and Idaho Transportation Department requirements for receiving grant funds. Upon roll call, those voting in favor were Moore, Johnston, Brown, Cooper, Nye and Orr. AGENDA ITEM NO. 17:Council was asked to approve, and authorize the Mayor to submit, a FAA REQUEST FOR letter to the FAA requesting the release of a 30-acre parcel of RELEASE-AIRPORT property located at the Pocatello Regional Airport designated for PROPERTY Project Pipe from all current and pending grant assurances, and authorize the Mayor to remove the parcel from the Airport Layout Plan and Property Map after FAA approval, subject to Legal Department review. A motion was made by Mr. Orr, seconded by Mr. Cooper, to approve, and authorize the Mayor to submit, a letter to the FAA requesting the release of a 30-acre parcel of property located at the Pocatello Regional Airport designated for Project Pipe from all current and pending grant assurances, and authorize the Mayor to remove the parcel from the Airport Layout Plan and Property Map after FAA approval, subject to Legal Department review. Upon roll call, those voting in favor were Orr, Cooper, Brown, Johnston, Moore and Nye. AGENDA ITEM NO. 18: Council was asked to approve, and authorize the Mayor to sign, a AIRPORT HANGAR renewal of a lease agreement between the City and George Merrill LEASE AGREEMENT for property at the Pocatello Regional Airport. The leased premise -MERRILL is approximately 1,760 square feet of hangar space for the purpose of aircraft storage. Proposed term is one year with four, one-year renewal options and rental rate is $217.20 per month, increased annually at least by the amount of the Consumer Price Index increase for the previous 12-month period. A motion was made by Mr. Moore, seconded by Mr. Orr, to approve, and authorize the Mayor to sign, a renewal of a lease agreement between the City and George Merrill for property at the Pocatello Regional Airport and that the leased premise is approximately 1,760 square feet of hangar space for the purpose of aircraft storage and that the proposed term is one year with four, one-year renewal options and rental rate will be $217.20 per month, increased annually at least by the amount of the Consumer Price Index increase for the previous 12-month period. Upon roll call, those voting in favor were Moore, Orr, Brown, Cooper, Johnston and Nye. AGENDA ITEM NO. 19: Council was asked to consider waiving City ordinances to allow the WAIVER REQUESTS Pocatello Zoological Society to assist with the fundraising event, the –POCATELLO 12th Annual A Midsummer’s Night for the Zoo, on July 11, 2015 at ZOOLOGICAL SOCIETY the Outdoor Amphitheater area behind the Fort Hall Replica. The Society is requesting a waiver to allow them to sell beer and wine until 10:00 p.m. and permission to stay in the area until midnight to clean-up after the event. One of the items that will be auctioned is an after-hours dinner at the Zoo. The date of the event will be picked by the individual who wins the auction. The Society would like permission to serve beer and wine, if the winner so chooses and have the event in the park after hours. Guidelines for the dinner will be set by the Parks and Recreation Director and Zoo Superintendent. A motion was made by Mrs. Nye, seconded by Mr. Johnston, to waive City ordinances and 1) allow the Pocatello Zoological Society to sell beer and wine on July 11, 2015 until 10:00 p.m. for the 12th Annual A Midsummer’s Night for the Zoo at the Outdoor Amphitheater area behind the Fort Hall Replica; 2) allow Zoological Society members permission to stay in the area until midnight to clean-up after the REGULAR CITY COUNCIL MEETING 10 MAY 7, 2015 event; 3) approve an after-hours dinner at the Zoo to be auctioned in conjunction with the event and grant permission to serve beer and wine, if the winner so chooses; and 4) allow the auction dinner to take place in the park after hours, with guidelines for the event to be set by the Parks and Recreation Director and Zoo Superintendent. Upon roll call, those voting in favor were Nye, Johnston, Brown, Cooper, Moore and Orr. AGENDA ITEM NO. 20: Council was asked to consider granting a beer/wine permit to the BEER/WINE PERMIT following applicants: APPLICATIONS-PARKS WRIGHT a) Ronni Wright (mailing address: 8354 N. Gathe, Pocatello ID 83204) for a graduation party at OK Ward Park on May 9, 2015 from 6:00 p.m. to 10:00 p.m. Ms. Wright has submitted an application to the City to allow the consumption of beer and wine at the event; and FEHRINGER b) Charlene Fehringer (mailing address: 1964 Truckerville Rd., Pocatello ID 83204) for a graduation party at Sister City Park on May 9, 2015 from 6:00 p.m. to 10:00 p.m. Ms. Fehringer has submitted an application to the City to allow the consumption of beer and wine at the event. Approval by Council is necessary since these parks are not specifically identified in City Code 12.36.060 where the consumption of such beverages is allowed. A motion was made by Mrs. Nye, seconded by Mr. Moore, to grant an exception to City Code 12.36.060 for the following applicants: a) a beer/wine permit to Ronni Wright for a graduation party at OK Ward Park on May 9, 2015 from 6:00 p.m. to 10:00 p.m.; and 2) a beer/wine permit to Charlene Fehringer for a graduation party at Sister City Park on May 9, 2015 from 6:00 p.m. to 10:00 p.m. Upon roll call, those voting in favor were Nye, Moore, Brown, Cooper, Johnston and Orr. AGENDA ITEM NO. 21: Council was asked to consider approval of a request from the PLACEMENT OF Pocatello Arts Council to donate and place two (2) custom TRAVERTINE STONE sculptured travertine stone benches in City parks, for the enjoyment BENCHES-POCATELLO of the community, as follows: ARTS COUNCIL CALDWELL PARK a) A “Bone” themed bench at Caldwell Park (corner of 7th Avenue and Lewis Street facing the Pavilion); and UPPER ROSS PARK b) A “Portneuf River Valley” themed bench at Upper Ross Park (near the rear entrance of Fort Hall Replica). One bench will be placed at each location. A motion was made by Mr. Moore, seconded by Mr. Orr, to approve a request from the Pocatello Arts Council to accept the donation and placement of two (2) custom sculptured travertine stone benches in the following City parks: a) a “Bone” themed bench at Caldwell Park at the corner of 7th Avenue and Lewis Street facing the Pavilion; and b) a “Portneuf River Valley” themed bench at Upper Ross Park near the rear entrance of Fort Hall Replica. Upon roll call, those voting in favor were Moore, Orr, Brown, Cooper, Johnston and Nye. REGULAR CITY COUNCIL MEETING 11 MAY 7, 2015 AGENDA ITEM NO. 22: Council was asked to consider a Use Agreement with Randy ZOO SUMMER Johnson of Imagine Music Entertainment granting Mr. Johnson CONCERT SERIES permission to: -MULTIPLE REQUESTS CONCERT SERIES a) Organize, promote and provide the “Ross Park and Pocatello Zoo Summer Concert Series” for the City of Pocatello during the summer of 2015, to include a waiver of facility use fees for the Ross Park Band Shell in return for provision of the events; and SPONSORSHIPS b) Recognize local businesses who provide sponsorships to defray event costs via placement of banners at events, and verbal recognition and thanks prior to performances; and ALLOW SALES c) Sell performing musician CDs to the audience on the event dates that they perform. In conjunction with the Concert Series, Council was also asked to consider granting Staff permission to: DISCOUNTED RATE 1) Institute a discounted “twilight” Zoo entry rate of $4.00 for adults and $2.00 for children and seniors, good from 4:00 p.m. to close on concert days; and EXTENDED HOURS 2) On an “as needed” basis, extend Summer Zoo closing time for Saturdays to 7:00 p.m. on concert days to accommodate additional Zoo visitors. A motion was made by Mr. Moore, seconded by Mr. Johnston, to approve a Use Agreement with Randy Johnson of Imagine Music Entertainment, as outlined in Agenda Items No. 22(a) through (c) and grant Staff permission as outlined in Agenda Items No. 22(1) and 22(2). Upon roll call, those voting in favor were Moore, Johnston, Brown, Cooper, Nye and Orr. AGENDA ITEM NO. 23: Council was asked to consider a request by Zoo staff to waive FEE WAIVER REQUEST admission fees for military families during the Military Family - MILITARY Appreciation Day event on June 13, 2015. APPRECIATION DAY AT THE ZOO A motion was made by Mrs. Nye, seconded by Mr. Orr, to approve a request by Zoo staff and waive admission fees for military families during the Military Family Appreciation Day event on June 13, 2015. Upon roll call, those voting in favor were Nye, Orr, Brown, Cooper, Johnston and Moore. AGENDA ITEM NO. 24: Council was asked to approve submission of a $25,000.00 Partners TRUMPETER SWAN for Fish and Wildlife grant and, if the grant is awarded, authorize BREEDING FACILITY acceptance of the grant and authorize the Mayor to sign, documents GRANT APPLICATION related to the grant subject to Legal Department review. The grant -ZOO will be used to construct a marsh land demonstration and trumpeter swan breeding facility at the Zoo. There is no cost to the City. (With the exception of in-house staff labor.) REGULAR CITY COUNCIL MEETING 12 MAY 7, 2015 A motion was made by Mr. Moore, seconded by Mr. Johnston, to approve submission of a $25,000.00 Partners for Fish and Wildlife grant to be used to construct a marsh land demonstration and trumpeter swan breeding facility at the Zoo and, if the grant is awarded, authorize acceptance of the grant and authorize the Mayor to sign, documents related to the grant subject to Legal Department review. In response to questions from Council, Peter Pruett, Zoo Superintendent, stated plans are being made to renovate the present mule deer exhibit and update the area with various levels of marsh land with a circulating pond. He added that education and breeding programs within the exhibit would also be included. Mr. Pruett stated trumpeter swans born and raised to one year of age at the Zoo would then be released into the wild. He explained that the marsh lands would be treated to prevent mosquito larvae from maturing and causing a mosquito problem in the area. Mr. Moore’s motion was voted upon at this time. Upon roll call, those voting in favor were Moore, Johnston, Brown, Cooper, Nye and Orr. AGENDA ITEM NO. 25: Council was asked to authorize the Mayor to sign an agreement with BANNOCK COUNTY Bannock County Historical Museum to loan them the following: HISTORICAL MUSEUM a) two Chief Pocatello octagon portraits; b) framed photo of the –TEMPORARY PROPERTY Chief Theatre; c) a painting by Anne Marie Oborn that was donated LOAN AGREEMENT to the Chief Foundation; and d) a framed copy of a Historic Preservation calendar that featured the Chief Theatre for their special exhibit on the Chief Theatre May 18, 2015 through September 10, 2015. The Chief Theatre collection is currently insured by the City of Pocatello and Bannock County Historical Museum does not wish to obtain additional insurance coverage in order to display the collection. Randy Dixon, 2164 Cassia Street, representing the Relight the Night Committee and the Chief Theatre project, stated the Chief Theatre exhibit would be held in conjunction with the Bannock County Historical Museum 25th Anniversary celebration events. He added that other projects are planned to help create a lasting history of Pocatello landmarks. In response to questions from Council, Mr. Dixon stated he feels the former Greyhound Building would be an appropriate place for a transportation museum or other historic-related use. A motion was made by Mr. Johnston, seconded by Mr. Cooper, to authorize the Mayor to sign an agreement with Bannock County Historical Museum to loan the following items for a special exhibit featuring the Chief Theatre May 18, 2015 through September 10, 2015: a) two Chief Pocatello octagon portraits; b) framed photo of the Chief Theatre; c) a painting by Anne Marie Oborn that was donated to the Chief Foundation; and d) a framed copy of a Historic Preservation calendar that featured the Chief Theatre and that Legal Staff confirmed Bannock County will provide the necessary insurance for the collection. Upon roll call, those voting in favor were Johnston, Cooper, Brown, Moore, Nye and Orr. AGENDA ITEM NO. 26: Council was asked to consider a Memorandum of Agreement ADMISSION FEE (MOA) with Bannock County Historical Society which continues a MOA-BANNOCK joint admission fee for visitors to both the Society’s Historical COUNTY HISTORICAL Museum and City owned Fort Hall Replica/Pocatello Junction SOCIETY locations. Museum staff would be responsible for the collection of admission fees for both facilities and would remit one-half of the admission fees collected to the City. In addition, the agreement defines additional responsibilities of both the City and the Society. REGULAR CITY COUNCIL MEETING 13 MAY 7, 2015 A motion was made by Mr. Johnston, seconded by Mrs. Nye, to approve a Memorandum of Agreement (MOA) with Bannock County Historical Society to continue a joint admission fee for visitors to both the Society’s Historical Museum and City-owned Fort Hall Replica/Pocatello Junction locations and that museum staff will be responsible for the collection of admission fees for both facilities and will remit one-half of the admission fees collected to the City, and additional responsibilities of both the City and the Society, as defined in the MOA. Upon roll call, those voting in favor were Johnston, Nye, Brown, Cooper, Moore and Orr. AGENDA ITEM NO. 27: Council was asked to approve a Lease, subject to Legal Department IDAHO STATE LIQUOR approval, with the State of Idaho for the Idaho State Liquor DISPENSARY Dispensary store located at 726 East Sherman Street in the -CENTENNIAL Centennial Plaza. The lease is a continuation of a prior Lease, with a PLAZA LEASE proposed term of five (5) years with one (1) five-year automatic renewal option. Proposed lease amount is $37,533.40 per year. Mayor Blad confirmed the annual amount increase according to the terms of the lease. A motion was made by Mr. Cooper, seconded by Mr. Orr, to approve a Lease, subject to Legal Department review, with the State of Idaho for the Idaho State Liquor Dispensary store located at 726 East Sherman Street in the Centennial Plaza and that the term of the lease will be five (5) years with one (1) five-year automatic renewal option and that the lease amount will be $37,533.40 per year. Upon roll call, those voting in favor were Cooper, Orr, Brown, Johnston, Moore and Nye. AGENDA ITEM NO. 28: Council was asked to approve passage of an ordinance repealing ORDINANCE Chapter 8.52 and enacting a new Chapter 8.52 titled “Stormwater -STORMWATER Management” establishing regulations requiring design, review, and MANAGEMENT approval processes for stormwater management and the application of best management practices; adoption of the Portneuf Valley Stormwater Design manual; and providing for misdemeanor penalties for violations, as presented to the Council at the March 12, 2015 Study Session. A motion was made by Mr. Moore, seconded by Mr. Johnston, that the ordinance, Agenda Item No. 28, be read only by title and placed on final passage for publication, and that only the ordinance summary sheet be submitted for publication. Upon roll call, those voting in favor were Moore, Johnston, Brown, Cooper, Nye and Orr. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance repealing Chapter 8.52 and enacting a new Chapter 8.52 titled “Stormwater Management” establishing regulations requiring design, review, and approval processes for stormwater management and application of best management practices; adoption of the Portneuf Valley Stormwater Design manual; and providing for misdemeanor penalties for violations. Mayor Blad asked, “Shall the ordinance pass?” Upon roll call, those voting in favor were Brown, Cooper, Johnston, Moore, Nye and Orr. Mayor Blad declared the ordinance and summary sheet passed, that it be numbered 2944 and be submitted to the Idaho State Journal for publication. AGENDA ITEM NO. 29: Idaho Lorax, Pocatello resident, shared his concerns regarding DISCUSSION ITEMS the Underpass Art Gallery project. He announced upcoming community projects. REGULAR CITY COUNCIL MEETING 14 MAY 7, 2015 Niki Taysom, Chubbuck resident, shared her support for the first amendment and honoring veterans during the Memorial Day season. There being no further business, Mayor Blad adjourned the meeting at 8:04 p.m. APPROVED BY: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CITY CLERK