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City Council

Regular Meeting

Pocatello, ID · May 21, 2015

AgendaMinutes

Minutes

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING MAY 21, 2015 CLARIFICATION The City Council Agenda Clarification Meeting was called MEETING to order at 5:30 p.m. by Council President Craig Cooper. Council members present were Steve Brown, Jim Johnston, Gary Moore, Eva Johnson Nye and Michael L. Orr. Mayor Brian Blad 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 6:04 p.m. ROLL CALL AND by Council President Craig Cooper. Council members present were PLEDGE OF Steve Brown, Jim Johnston, Gary Moore, Eva Johnson Nye and ALLEGIANCE Michael L. Orr. Mayor Brian Blad was excused. Council President Cooper led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was given by Reverend Jim Jones of Blazing Grace INVOCATION Church. Mr. Cooper announced Agenda Item No. 17 had been pulled from the agenda. AGENDA ITEM NO. 3: Council was asked to consider the following business items: CONSENT AGENDA -MINUTES (a) Council may wish to waive the oral reading of the minutes and approve the minutes from the Executive Sessions of April 29, 2015 and May 7, 2015; and the Clarification and Regular Council meeting of May 7, 2015. -TREASURER’S (b) Council may wish to consider the Treasurer’s Report for April, REPORT showing cash and investments as of April 30, 2015 in the amount of $50,226,846.45. -HUMAN RELATIONS (c) Council was asked to confirm the Mayor’s appointment of Patrick ADVISORY Blalock to serve as a member of the Human Relations Advisory COMMITTEE Committee, filling a vacancy. Mr. Blalock’s term will begin May 22, APPOINTMENT 2015 and will expire May 22, 2019. -PARKS AND (d) Council was asked to confirm the Mayor’s reappointment of Judy RECREATION Taylor to continue her service as a member of the Parks and ADVISORY BOARD Recreation Advisory Board, representing the Fort Hall Replica REAPPOINTMENT Commission. Ms. Taylor’s term will begin June 8, 2015 and will expire June 8, 2017. REGULAR CITY COUNCIL MEETING 2 MAY 21, 2015 -COUNCIL DECISION (e) Adopt the Council’s decision granting a request by Dennis Jablonski, -BENCHLAND et al, to rezone Benchland Subdivision 4th Addition, Lots 7 through SUBDIVISION 23 Block 8; Benchland Subdivision 4th Addition, Lots 9 through 13 4TH AND 5TH ADDITIONS Block 9; Benchland Subdivision 5th Addition Lots 14 through 16 REZONE (ARABIAN Block 9; Benchland Subdivision 5th Addition Lots 24 through 27 and AVENUE) 33 Block 8; and Benchland Subdivision 5th Addition Lots 28 through 32 Block 8, from Residential Medium Density Multi-family (RMM) and Residential/Commercial/Professional (RCP) to Residential Low Density (RL), subject to conditions. -COUNCIL DECISION (f) Adopt the Council’s decision to grant Screamin’ Hot Real Estate, -COMMERCE LLC, the Owners and Developers, its request for approval of the SUBDIVISION FINAL final short plat for the Commerce Subdivision, subject to conditions. SHORT PLAT The proposed request is to subdivide 2.25 acres (more or less) into a 2 lot subdivision, a re-plat of a portion of Lots 3 and 4, Block 3, of the Pocatello Square Subdivision. Lot 1 will consist of the Buffalo Wild Wings Restaurant and parking area with access from Poleline Road. Lot 2 is vacant and located west and adjacent to the Mattress Firm and Jensen Jewelers stores, which may be accessed through Buffalo Wild Wings’ parking lot with a Cross Access Agreement, however, primary access will be from Hurley Drive. It was later found that the name of the subdivision as adopted on May 21, 2015 was incorrect. The correct name is Concepts Subdivision. An amended decision was prepared and recorded on June 2, 2015 to reflect the name—Concepts Subdivision. -COUNCIL DECISION (g) Adopt the Council’s decision to grant Rocky Mountain Management –AUTO PARTS and Development, LLC, the Owners and Developers, its request for SUBDIVISION FINAL approval of the final short plat for the Auto Parts Subdivision, SHORT PLAT subject to conditions. The proposed request is to subdivide 0.73 acres (more or less) into a 1 lot subdivision, a re-plat of a portion of Lot 2, Block 4, of the Pocatello Square Subdivision. Lot 1 measures approximately 0.73 acres with primary access from Poleline Road via an existing approach. -LEARN AND BURN (h) Council was asked to declare the buildings located at 3270 and 3270 TRAINING ON CITY ½ South 2nd Avenue as surplus property. Council may also wish to PROPERTY-DECLARE authorize the Pocatello and Chubbuck Fire Departments to burn 3270 AND 3270 ½ SOUTH this building as part of a “Learn and Burn” training exercise. 2ND AVENUE AS SURPLUS 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, Nye, Orr and Cooper. AGENDA ITEM NO. 4: Mr. Cooper announced there were no communications or COMMUNICATIONS AND proclamations. PROCLAMATIONS Mr. Cooper welcomed boy scouts from Troop No. 323. AGENDA ITEM NO. 5: Mr. Cooper reminded the Council of the June 4th Budget meeting at CALENDAR REVIEW 9:00 a.m. and the June 4th Regular City Council meeting at 6:00 p.m. REGULAR CITY COUNCIL MEETING 3 MAY 21, 2015 Mr. Cooper announced the Ross Park Aquatic Center will open for the season on Saturday, May 23rd, weather permitting; City offices will be closed Monday, May 25th for the Memorial Day Holiday. However, garbage and recycling pick-ups will be on schedule; Brady Chapel Open House at Mountain View Cemetery will be held Monday, May 25th from 10:00 a.m. to 4:00 p.m.; Field of Heroes will be at Century High School May 22nd through May 25th; Fire Department open house will be held June 5th and 6th at Fire Station No. 3, contact the Fire Department for more information; and Mr. Cooper offered congratulations to all area high school graduates. In response to a question from Council, Martin Peace, Cemetery Supervisor, stated that the annual Brady Chapel open house allows the public to visit the facility and appreciate the historic building at Mountain View Cemetery. Mr. Cooper gave a statement regarding appropriate comments during City Council meetings and reminded citizens that slanderous statements during the meeting would not be tolerated. AGENDA ITEM NO. 6: This time was set aside for the Council to receive public comments PUBLIC HEARING on proposed amendments to the Fiscal Year 2015 Budget. -PROPOSED FISCAL YEAR 2015 MAY BUDGET AMENDMENTS Council President Cooper opened the public hearing. Joyce Stroschein, Chief Financial Officer, gave an overview of the proposed amendments. She stated additional budget authority is being requested for expenditures related to unforeseen revenues in six funds. Ms. Stroschein added that the proposed amendments are a result of unanticipated grants, revenue, reimbursements and bond proceeds. She reminded the Council that a detailed discussion took place at the May 14, 2015 Study Session. Mr. Cooper stated that no correspondence had been received Niki Taysom, Chubbuck resident, spoke in opposition to the proposed amendments and asked for clarification of vehicle transfers between City departments. Ms. Stroschein stated that because the WPC vacuum truck was purchased with utility user fees, and the Street Department is funded through tax revenues, it would be inappropriate to move one asset to another department without giving residual value in order to keep the funds true to their purpose. She added that according to state law, revenue received from auctioning abandoned vehicles is used to reimburse the City for expenses related to the abandonment and any remaining amount is sent to the Abandoned Vehicle Trust account held by the State of Idaho. There being no further public comments, Council President Cooper closed the public hearing. He announced an ordinance had been prepared for Council consideration under Agenda Item No. 18. AGENDA ITEM NO. 7: This time was set aside for the Council to hear comments from the PUBLIC HEARING public concerning a request by Tuscany Hills Development Co. –VACATION OF (mailing address: 2231 East Center Street, Pocatello ID 83201) RIGHT-OF-WAY represented by Rocky Mountain Engineering and Surveying (mailing –CORSINI COURT address: 2043 East Center Street, Pocatello ID 83201) to vacate the public’s interest in the platted right-of-way on the northeast end of Corsini Court. REGULAR CITY COUNCIL MEETING 4 MAY 21, 2015 Mr. Cooper announced there had been no ex parte communication by the Council. Council President Cooper opened the public hearing. Brady Smith, Rocky Mountain Engineering and Surveying, stated the subdivision 2nd addition was platted and recorded in 2005. He added the lots still belong to the developer and have not changed ownership since that time. Mr. Smith clarified that the developer would like reconfigure the lots to make them more buildable and usable. Matthew Lewis, Planning Division Manager, gave an overview of the proposed changes. He indicated Rocky Mountain Engineering and Surveying has been working in conjunction with Idaho Power on the proposed vacation. Mr. Lewis stated the platted cul-de-sac design has been changed to a more usable hammerhead design and staff has recommended approval with the following conditions: 1) the Ordinance not be recorded until City staff receives a written letter from Idaho Power acknowledging that an underground cable easement has been secured to their satisfaction; 2) corrections shall be made to the legal description and reviewed and approved by the City surveyor. All easements for existing utilities shall be depicted on the plat prior to recording; 3) per Fire Department officials, the fire hydrant shall be relocated to the edge of the pavement; and 4) any other additional requirements not herein noted above but applicable as part of an approved vacation shall be strictly adhered to. Mr. Cooper announced no correspondence had been received. Niki Taysom, Chubbuck resident, spoke uncommitted to the proposal. She stated she was concerned about the costs involved in the matter. Mr. Lewis clarified that there would be no cost involved in the proposed vacation. There being no further public comments, Council President Cooper closed the public hearing. A motion was made by Mr. Moore, seconded by Mr. Orr, to approve a request by Tuscany Hills Development Co., represented by Rocky Mountain Engineering and Surveying, to vacate the public’s interest in the platted right-of-way on the northeast end of Corsini Court with conditions recommended by staff and that the decision be set out in appropriate Council Decision format. Upon roll call, those voting in favor were Moore, Orr, Brown, Johnston, Nye and Cooper. AGENDA ITEM NO. 8: This time was set aside for the Council to hear comments from the PUBLIC HEARING public concerning a request by Suzanne Rupp (mailing address: 815 -VACATION OF Lucille Avenue, Pocatello ID 83201) to vacate the public’s interest in EASEMENT FOR a water line easement located across Lot 25, Block 2, Farr-Ens FARR-ENS ESTATE Estates Subdivision. SUBDIVISION Council President Cooper opened the public hearing. Mr. Cooper stated there had been no ex parte communication by the Council. Suzanne Rupp, 815 Lucille Avenue, stated she is requesting a vacation of easement for a water line which was abandoned in 1998 so she can build a home on the property. Matthew Lewis, Planning Division Manager, stated the existing easement through the property is no longer necessary, as the water line has been abandoned. He added that another water line serves the REGULAR CITY COUNCIL MEETING 5 MAY 21, 2015 surrounding residents. Mr. Lewis clarified that there are no costs associated with the vacation. Staff recommended approval with the following condition: utility easement, recorded as Instrument No. 771522, along Lucille Avenue shall remain and not be vacated. Mr. Cooper announced no correspondence had been received on the proposal. Niki Taysom, Chubbuck resident, spoke uncommitted to the matter and shared her concern regarding the change in public lands. Mr. Cooper clarified that the proposed vacation is located on Ms. Rupp’s privately owned property and not on public land. There being no further public comments, Council President Cooper closed the public hearing. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve a request from Suzanne Rupp and vacate the public’s interest in a water line easement located across Lot 25, Block 2, Farr-Ens Estates Subdivision with the condition made by staff and that the decision be set out in appropriate Council Decision format. Upon roll call, those voting in favor were Moore, Nye, Brown, Johnston, Orr and Cooper. AGENDA ITEM NO. 9: This time was set aside for the Council to hear comments from the PUBLIC HEARING public concerning a request by Rusty Landon and Tom Marshall of -CONTRACT REZONE Hotel Developers – Pocatello, LLC, (mailing address: 3640 South -HOLIDAY ON THE HILL Yellowstone Highway, Idaho Falls ID 83401) represented by Ken SUBDIVISION Smith of Process Architecture (mailing address: 1959 Elk View Court, Missoula MT 59803) to rezone, by contract agreement, the property located at Lot 2, Block 1, Holiday on the Hill Subdivision in order to allow construction of a hotel. The property is located in a Residential Commercial Professional zoning district and the request is for a contract rezone to a Commercial General zoning district for the requested use. Council President Cooper opened the public hearing. Mr. Cooper announced there had been no ex parte communication by the Council. Ken Smith, Process Architecture, gave an overview of the proposed contract rezone for the purpose of allowing the development of commercial lodging with an 85-room guest hotel. He stated that impact from traffic would be comparable or lower to that of a 45-foot tall office building, which would be allowed under the current zoning ordinance. Mr. Smith feels the use is appropriate for the area and would generate employment for the community. Dave Foster, Associate Planner, gave an overview of the contract rezone process and explained the process is necessary to allow commercial lodging in the area. He shared traffic impacts as compared to other permitted developments such as high density unit apartments, a school or medical office building. Mr. Foster added that the development meets required setbacks and height restrictions. In response to questions from Council, Mr. Foster stated the property is designed with the parking lot facing another nearby hotel, and away from residential homes. He added that landscaping of the property creates a buffer between the proposed hotel and neighboring houses. Mr. Foster reminded the Council that other issues, such as stormwater runoff, would be addressed during the engineering and building phases of the project. He stated staff recommended the following conditions: 1) the Commercial General zone district sign regulations are applicable to the south and west building REGULAR CITY COUNCIL MEETING 6 MAY 21, 2015 elevations. All other signage shall comply with RCP zone standards. No other signage on the building north or east elevations is allowed; 2) one ground sign is permitted near the entrance at Via Venitio on the “Common Area” lot subject to the RCP standards; 3) all other applicable RCP zone development and use standards shall continue to apply to the property; and 4) any activity requiring a separate development or building permit shall comply with applicable regulations. Mr. Foster announced two letters had been received regarding the rezone request. Niki Taysom, Chubbuck resident, spoke in opposition to the proposal. She stated she feels the use is much different than an apartment complex and should not be allowed. There being no further public comments, Council President Cooper closed the public hearing. A motion was made by Mr. Brown, seconded by Mr. Orr, to approve a request by Rusty Landon and Tom Marshall of Hotel Developers—Pocatello, LLC, represented by Ken Smith of Process Architecture to rezone, by contract agreement, the property located at Lot 2, Block 1, Holiday on the Hill Subdivision in order to allow construction of a hotel, with the conditions recommended by staff. Upon roll call, those voting in favor were Brown, Orr, Johnston, Moore, Nye and Cooper. AGENDA ITEM NO. 10: Christina A. Dameyer was present to appeal the decision of the FENCE PERMIT Construction Board of Appeals which denied Ms. Dameyer a fence DENIAL APPEAL permit for her property at 625 East Cedar. -625 EAST CEDAR Christina Dameyer, 625 East Cedar, gave an overview of her property and history of the surrounding properties. She feels the neighborhood safety has degraded since she bought her property. Ms. Dameyer stated she has taken other steps, such as planting trees around the perimeter of the property, to ensure her privacy. She added that she purchased an adjoining house which was later demolished in order to expand her property. She expressed her desire to maintain privacy and safety by extending the height of the existing fence. Lynn Transtrum, Building Official, stated the Ms. Daymeyer was issued a fence permit to construct a four foot cement wall around portions of her property. He added that she has requested an additional seven foot section to be added above the cement wall, which is not compliant with City Code. He explained that Ms. Daymeyer appealed to the Construction Board of Appeals and Review, which unanimously denied her request. A motion was made by Mr. Moore, seconded by Mr. Orr, to uphold the decision of the Construction Board of Appeals and deny Ms. Dameyer a fence permit for her property at 625 East Cedar. Upon roll call, those voting in favor were Moore, Orr, Brown, Johnston, Nye and Cooper. 7:33:23 PM AGENDA ITEM NO. 11: Council was asked to accept the recommendations of staff for the BID/CONTRACT following requests regarding the Phase One Phosphorus -PHASE ONE Improvement Project: PHOSPHORUS IMPROVEMENT PROJECT BID a) Accept the lowest responsive bid from Record Steel and -RSCI Construction, Inc. dba RSCI in the amount of $19,154,700.00 and, if the bid is accepted; REGULAR CITY COUNCIL MEETING 7 MAY 21, 2015 CONTRACT b) Authorize the Mayor to sign a Notice of Award and a contract -RSCI between the City of Pocatello and Record Steel and Construction, Inc. dba RSCI in the amount of $19,154,700.00 for the Phase One Phosphorus Improvement Project, subject to Legal Department review. In response to questions from Council, Jon Herrick, Water Pollution Control Superintendent, stated the prequalification and bid process for the Phase One Phosphorus Improvement Project began in 2012. He added that initial estimates ranged between $20 million and $24 million and that the project is funded by a bond awarded through the judicial process. Mr. Herrick clarified that phosphorus samples are taken daily from the Wastewater Treatment Plant and reported to the EPA. A motion was made by Mrs. Nye, seconded by Mr. Orr, to accept the recommendations of staff regarding the Phase One Phosphorus Improvement Project and a) accept the lowest responsive bid from Record Steel and Construction, Inc. dba RSCI in the amount of $19,154,700.00; and b) authorize the Mayor to sign a Notice of Award and a contract between the City of Pocatello and Record Steel and Construction dba RSCI in the amount of $19,154,700.00 for the Phase One Phosphorus Improvement Project, subject to Legal Department review. Upon roll call, those voting in favor were Nye, Orr, Brown, Johnston, Moore and Cooper. AGENDA ITEM NO. 12: Council was asked to ratify an application for a $10,000.00 Ifft RATIFICATION AND Grant, authorize acceptance of the grant and the Mayor’s signature ACCEPTANCE-IFFT on documents related to the grant, subject to Legal Department GRANT FOR ANIMAL approval. Animal Shelter staff members were made aware of the SHELTER grant availability and immediately applied to obtain funds for the LANDSCAPING PROJECT Animal Shelter Landscaping Project. There is no matching fund requirement. A motion was made by Mr. Moore, seconded by Mrs. Nye, to ratify an application for a $10,000.00 Ifft Grant, authorize acceptance of the grant and the Mayor’s signature on documents related to the grant, subject to Legal Department approval. Upon roll call, those voting in favor were Moore, Nye, Brown, Johnston, Orr and Cooper. AGENDA ITEM NO. 13: Council was asked to consider granting staff permission for the ENDANGERED following requests related to an Endangered Species Day Project at SPECIES DAY EVENT the Zoo, as presented at the May 14, 2015 Study Session: AND CONSERVATION PROJECT-ZOO TRANSFER FUNDS a) Transfer funds earned through admissions, subject to Council and Legal Department review, from the annual Endangered Species Day event to a worthwhile conservation project within Idaho; DONATE FUNDS b) Donate the 2015 event funds to the Kootenai River White Sturgeon Conservation and Recovery Plan; SELL T-SHIRTS c) Allow the Zoo to provide “white sturgeon” t-shirts for a minimum donation of $10.00, with the proceeds also being donated to the Kootenai River White Sturgeon Conservation and Recovery Plan; and SELECT DONATION d) Present Council with potential worthwhile conservation project RECIPIENTS donation recipients in future years for selection. REGULAR CITY COUNCIL MEETING 8 MAY 21, 2015 A motion was made by Mr. Moore, seconded by Mrs. Nye, to grant staff permission for the requests as outlined in Agenda Items 13(a) through 13(d) related to an Endangered Species Day Project at the Zoo. Upon roll call, those voting in favor were Moore, Nye, Brown, Johnston, Orr and Cooper. AGENDA ITEM NO. 14: Council was asked to consider a Use Agreement with Senior Activity USE AGREEMENT Center, Inc. granting permission to host A Car Show Event on -SENIOR ACTIVITY Saturday, June 20, 2015 from 11:30 a.m. to 3:00 p.m., in conjunction CENTER, INC. CAR with their Lower Ross Park shelter reservation. Senior Activity SHOW IN LOWER Center, Inc. has paid all applicable rental fees and will provide the ROSS PARK required liability insurance, naming the City as an additional insured. They will also be responsible for cleaning the facilities at the conclusion of the event. Jerilynn Mecham, 4138 Reno Drive, representative of the Senior Activity Center, gave an overview of the upcoming car show event and some of the services provided to the community by the Senior Activity Center. A motion was made by Mr. Moore, seconded by Mr. Orr, to approve a Use Agreement with Senior Activity Center, Inc. granting permission to host A Car Show Event on Saturday, June 20, 2015 from 11:30 a.m. to 3:00 p.m., in conjunction with their Lower Ross Park shelter reservation and that the Senior Activity Center, Inc. will: a) pay all applicable rental fees; b) provide the required liability insurance, naming the City as an additional insured; and c) be responsible for cleaning the facilities at the conclusion of the event. Upon roll call, those voting in favor were Moore, Orr, Brown, Johnston, Nye and Cooper. AGENDA ITEM NO. 15: Council was asked to consider a Memorandum of Agreement MOA-MARSH CREEK (MOA), not to exceed $60,000.00, with Idaho State University (ISU) ASSESSMENT-ISU for contractual service to assess the sediment load in Marsh Creek, and authorize the Mayor’s signature, subject to Legal Department review. Funds for this project are available in the Science and Environment Division budget through funding provided by Three Rivers RC&D earlier this year. Hannah Sanger, Science and Environment Division manager, stated the City previously provided funding to Three Rivers RC & D for sediment assessment. She added that Three Rivers RC & D has ceased operation and the funding previously provided to them has been refunded to the City. Ms. Sanger stated that Idaho State University can provide a cost effective assessment. In response to questions by Council, Ms. Sanger stated Marsh Creek is the largest source of sediment into the Portneuf River, but understanding the total impact is difficult, as the property is privately owned. She added that sediment monitoring is required by the DEQ as part of the permit requirements. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve a Memorandum of Agreement (MOA), not to exceed $60,000.00, with Idaho State University (ISU) for contractual service to assess the sediment load in Marsh Creek, and authorize the Mayor’s signature, subject to Legal Department review. Upon roll call, those voting in favor were Moore, Nye, Brown, Johnston, Orr and Cooper. REGULAR CITY COUNCIL MEETING 9 MAY 21, 2015 AGENDA ITEM NO. 16: Council was asked to adopt a Resolution approving and enacting the RESOLUTION Pocatello Community Media Handbook as presented at the May 14, -POCATELLO COMMUNITY 2015 Study Session. MEDIA HANDBOOK -VIDEO SERVICES A motion was made by Mr. Brown, seconded by Mr. Johnston, to adopt a Resolution (2015-06) approving and enacting the Pocatello Community Media Handbook as presented at the May 14, 2015 Study Session. Upon roll call, those voting in favor were Brown, Johnston, Moore, Nye, Orr and Cooper. AGENDA ITEM NO. 17: As announced earlier, Agenda Item No. 17 enforcing a prohibition RESOLUTION of hiring of all employment positions, was pulled from the agenda. -ENFORCING A PROHIBITION OF HIRING OF ALL CITY EMPLOYEES AGENDA ITEM NO. 18: Council was asked to consider the following ordinances: ORDINANCES FISCAL YEAR 2015 a) An ordinance approving an amendment to the Fiscal Year 2015 APPROPRIATIONS Appropriations Ordinance increasing the total Fiscal Year expenditures by $47,544,221.06 to account for additional revenues, including grant funds, received by the City and to use previously unappropriated cash balances for unanticipated expenses incurred by the City. A motion was made by Mr. Moore, seconded by Mr. Brown, that the ordinance, Agenda Item No. 18(a), be read only by title and placed on final passage for publication, and that the entire ordinance be submitted for publication. Upon roll call, those voting in favor were Moore, Brown, Johnston, Nye, Orr and Cooper. Dean Tranmer, City Attorney, read the ordinance by title. Council President Cooper declared the final reading of the ordinance approving an amendment to the Fiscal Year 2015 Appropriations Ordinance increasing the total Fiscal Year expenditures by $47,544,221.06 to account for additional revenues, including grant funds, received by the City and to use previously unappropriated cash balances for unanticipated expenses incurred by the City. Council President Cooper asked, “Shall the ordinance pass?” Upon roll call, those voting in favor were Brown, Johnston, Moore, Nye, Orr and Cooper. Council President Cooper declared the ordinance and summary sheet passed, that it be numbered 2945 and that the entire ordinance be submitted to the Idaho State Journal for publication. AMEND CITY CODE b) An ordinance amending portions of Chapter 12.04 -SIDEWALKS/CURBS “Sidewalks/Curbs” of the City Code. Specifically, this ordinance will amend and add subsections to Section 12.04.030 to include intersection quadrants of corner properties and clarify responsibilities of abutting property owners. REGULAR CITY COUNCIL MEETING 10 MAY 21, 2015 A motion was made by Mr. Moore, seconded by Mr. Johnston, that the ordinance, Agenda Item No. 18(b), 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, Nye, Orr and Cooper. Dean Tranmer, City Attorney, read the ordinance by title. Council President Cooper declared the final reading of the ordinance amending portions of Chapter 12.04 “Sidewalks/Curbs” of the City Code. Specifically, amending and adding subsections to Section 12.04.030 to include intersection quadrants of corner properties and clarify responsibilities of abutting property owners. Council President Cooper asked, “Shall the ordinance pass?” Upon roll call, those voting in favor were Brown, Johnston, Moore, Nye, Orr and Cooper. Council President Cooper declared the ordinance and summary sheet passed, that it be numbered 2946 and be submitted to the Idaho State Journal for publication. AMEND CITY CODE c) An ordinance amending portions of Chapter 12.38 “Cemetery” of -CEMETERY the City Code. Specifically, this ordinance will amend and add to Section 12.38.010; amend a portion of and add a subsection to 12.38.020; amend a portion of subsection 12.38.030(B); delete a portion of subsections 12.38.050(A) and (B); delete the existing subsection 12.38.080(D) and add a new subsection 12.38.808(D); delete a portion of section 12.38.095; amend a portion of subsection 12.38.100(B); and amend, delete, and add to portions of Section 12.38.110. A motion was made by Mr. Moore, seconded by Mr. Johnston, that the ordinance, Agenda Item No. 18(c), 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, Nye, Orr and Cooper. Dean Tranmer, City Attorney, read the ordinance by title. Council President Cooper declared the final reading of the ordinance amending portions of Chapter 12.38 “Cemetery” of the City Code. Specifically, amending and adding to Section 12.28.010; amend a portion of and add a subsection to 12.38.020; amend a portion of subsection 12.38.030(B); delete a portion of subsections 12.38.050(A) and (B); delete the existing subsection 12.38.080(D) and add a new subsection 12.38.808(D); delete a portion of section 12.38.095; amend a portion of subsection 12.38.100(B); and amend, delete, and add to portions of Section 12.38.110. Council President Cooper asked, “Shall the ordinance pass?” Upon roll call, those voting in favor were Brown, Johnston, Moore, Nye, Orr and Cooper. Council President Cooper declared the ordinance and summary sheet passed, that it be numbered 2947 and be submitted to the Idaho State Journal for publication. Mr. Orr was excused from the Council Chambers at 8:05 p.m. 8:06:02 PM AGENDA ITEM NO. 19: Idaho Lorax, Pocatello resident, shared information regarding DISCUSSION ITEMS a proposed community cleanup effort near area schools. REGULAR CITY COUNCIL MEETING 11 MAY 21, 2015 Niki Taysom, Chubbuck resident, shared her support for the observance of Memorial Day and recognition of veterans. There being no further business, Council President Cooper adjourned the meeting at 8:13 p.m. APPROVED BY: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CITY CLERK CITY OF POCATELLO, IDAHO CITY COUNCIL MEETING - BUDGET DEVELOPMENT MAY 21, 2015 Mayor Brian Blad called the City Council meeting for budget development to order at 9:09 a.m. Council members present were Steve Brown, Craig Cooper, Jim Johnston, Gary Moore, and Eva Johnson Nye. Council member Michael L. Orr was excused. Joyce Stroschein, Chief Financial Officer/Treasurer, stated that information regarding budgets for City departments would be presented. She gave an overview of the material that would be discussed for use to determine the Fiscal Year 2016 budget and announced that department briefings would be held at this time. -EMPLOYEE Ms. Stroschein gave an overview of the medical benefits packages and BENEFITS the corresponding costs to the City and to employees, as appropriate. PACKAGES She explained that as a result of higher claims to Blue Cross, plan costs have increased. Ms. Stroschein outlined the similarities and differences in the proposed packages from Blue Cross and Mercer Market Place, as was requested by the Council. In response to questions from Council, Nicole Harms, Human Resources Benefits Consultant, offered detailed information regarding the four proposed options available through Blue Cross and Mercer Market Place. She added that the VEBA program would remain unchanged, regardless of the benefits package. Mr. Moore, Mr. Brown and Mr. Cooper offered their opinion that in order to reduce the financial impact on employees, the benefits package should remain the same and the City should continue service with Blue Cross. Kim Smith, Human Resources Director, stated that the City of Pocatello offers a benefits package comparable to other municipalities and that the VEBA program is somewhat unique to Pocatello. Mr. Johnston stated that he feels comfortable moving to an employee benefits package with Mercer Market Place. Ms. Smith explained that benefit rates increase annually, depending upon the number of claims, which cannot be predicted. A majority of the Council supported the recommendation to continue medical benefits through Blue Cross, with a benefits package similar to the plan adopted in years past. Mr. Moore stated that the Council understands that Mercer Market Place has done a considerable amount of work on behalf of the City, and there may be costs associated with these efforts. He expressed appreciation to Ms. Smith and the Human Resources staff members for the efforts that have been made to research alternative benefits for City employees. -STREET Tom Kirkman, Street Operations Superintendent, and Joyce Stroschein, OPERATIONS Chief Financial Officer/Treasurer, gave an overview of the estimated FISCAL YEAR 2016 Street Operations budget for Fiscal Year 2016. BUDGET REVIEW Mr. Kirkman stated that any structural changes made to streets must comply with ADA requirements guidelines. He added that in 2014, a federal task force was formed to oversee federally 2 CITY COUNCIL MEETING BUDGET DEVELOPMENT MAY 21, 2015 funded projects regarding these requirements. Mr. Kirkman expressed the need to move paint striping in-house, as working with a contractor requires additional disruptions to the public and delays due to contractor time constraints. He is requesting the funds to purchase striping equipment in order to accomplish the striping needs of the City. Mr. Kirkman stated that a large 40-foot striper was obtained by the Street Department through the State of Idaho surplus many years ago. He added the equipment is massive and the equipment is unmanageable, due to its size, as it is more suited for highway use. Mr. Kirkman stated a weed sprayer has been added to sweeping equipment to add to the efficiency of weed abatement with great success. He is requesting permission to acquire a UTV to help with weed abatement, as it is difficult for crew members to spray while driving a 4-wheeler. Mr. Kirkman explained that Council previously approved the use of computer- generated data for the pavement management program, which has been added to provide accurate data to increase efficiencies. He added that lower-cost preventive measures, such as fog seal coatings, are being used to lengthen the life of roads. Mr. Kirkman shared that the Street Department is anticipating to treat 30%-50% more miles in Fiscal Year 2016. Ms. Stroschein stated Federal Aid Fund 70 shows an increase which includes a payment in the amount of $250,000.00 for the South Valley Road project. She stated projected revenue for highway user fees are $500,000.00, which would create a net amount of $125,000.00 in the fund. Ms. Stroschein stated that the fuel site is overseen by the Street Department. She added that reserve amounts are built into the budget to prepare for maintenance issues on the fuel system. Ms. Stroschein stated that savings on the fuel, if any, will be discussed at a later date. Deirdre Castillo, City Engineer, gave an overview of the proposed projects, including the Hawthorne/Quinn intersection, the Lewis Street bridge and the Benton Street overpass project. She added that the funds will remain in the Street Department reserve fund and project payments will be sent, as necessary. Ms. Stroschein stated that rather than transferring an amount into Fund 70 immediately, funds are held in reserves within each department, as appropriate. She added that many of the amounts are estimations and it is more fiscally responsible to delay transfer of the funding, until deemed necessary. Ms. Castillo gave an overview of the timelines on each of the proposed projects. In response to a question from the Council, Ms. Castillo stated a project on Poleline Road was omitted from the presentation. She added a grant has been awarded for the project. Michael Jaglowski, Public Works Director, stated that a grant in the amount of $293,000.00 has been awarded with City match of 7.5%. He added that much of the City’s $22,000.00 share will be through in-kind services. Ms. Castillo explained that two projects will be closed out during Fiscal Year 2015, including Martin Luther King Jr. Street project and the Benton Street/2nd Avenue project. She reminded the Council of upcoming projects which will take place during FY2017 and later. 10:22:26 AM Mayor Blad called a recess at this 10:22 a.m.. Mayor Blad reconvened the meeting at 10:37 a.m. 3 CITY COUNCIL MEETING BUDGET DEVELOPMENT MAY 21, 2015 -INFORMATION Chris Sorenson, Chief Information Officer, and Joyce Stroschein, Chief TECHNOLOGY Financial Officer/Treasurer, gave an overview of the estimated FISCAL YEAR 2016 Information Technology budget for Fiscal Year 2016. BUDGET REVIEW Ms. Stroschein stated the Information Technology Department has absorbed all internet-associated costs, rather than having each department share in the cost breakdown. -MARSHALL Eric Suess, Library Director; and Joyce Stroschein, Chief Financial LIBRARY Officer/Treasurer; gave an overview of the Library’s estimated budget FISCAL YEAR 2016 for Fiscal Year 2016. BUDGET REVIEW Mr. Suess reviewed the proposed Fiscal Year 2016 budget for the Marshall Public Library. Mr. Suess noted that investing in energy-efficient lighting and fixture upgrades could save the City nearly $10,000.00 per year in energy costs. He also shared that a working, accessible security system is becoming more necessary for the safety of patrons, employees and the facility. Mr. Suess emphasized that in-house and outreach programs are being utilized to capacity and additional staffing is necessary to continue adequate personnel coverage. He indicated that changing one half- time position to a full time position would be a significant improvement on staffing needs while having minimal impact on funding. Mr. Suess highlighted that the Bookmobile bus is currently being updated to become a “technology bus” and will continue to be used for community outreach programs. Council discussion continued regarding the Library Board and the importance of the Library programs. In response to questions from Council, Mr. Suess added that he is still looking for grants and other funding possibilities to obtain the needed security system. He stated that the upgrades to the efficient fixtures would reflect immediate savings for the Library. 11:02:52 AM -VIDEO SERVICES Ken Wilson, Video Services representative, and Joyce Stroschein, Chief FISCAL YEAR 2016 Financial Officer/Treasurer, gave an overview of the estimated Video BUDGET REVIEW Services Department budget for Fiscal Year 2016. Mr. Wilson noted advertising expenses have been moved from the Mayor’s Office into the Video Services Department. He added this change is for advertising and other press related expenses, reflecting the change in the Video Services Manager position to also include the Public Information Officer position. -PLANNING AND Lonnie Crowell, Planning and Development Director, and Joyce DEVELOPMENT Stroschein, Chief Financial Officer/Treasurer, gave an overview of the FISCAL YEAR 2016 estimated Planning and Development Department budget for Fiscal BUDGET REVIEW Year 2016. Mr. Crowell gave an overview of the proposed budget. He is requesting funds to produce new signs which are placed on properties notifying surrounding residents of pending planning applications. Mr. Crowell noted that the existing signs are cumbersome and do not contain current information. 4 CITY COUNCIL MEETING BUDGET DEVELOPMENT MAY 21, 2015 He spoke of the upcoming printing and training needs. Mr. Crowell stated four engineer positions had been moved from the Planning and Development division to the Engineering Department. Melanie Gygli, Neighborhood and Community Services Division Manager, gave an overview of the proposed Community Development Block Grant (CDBG) budget items. She highlighted an upcoming retirement in Fiscal Year 2016 and the intent to refill the vacancy. Ms. Stroschein reminded the Council that CDBG programs are funded through grants and loan repayment revenue not from the general fund. Ms. Stroschein explained to the Council that Fund 955 was originally funded through a grant to promote the CDBG mission statement and was later used for rehabilitation projects. She asked the Council for permission to change the purpose of the fund and acknowledge the use in the economic development fund, with formalization of the changes to happen at a later date. Council members present supported that the fund purpose change would be appropriate. Ms. Stroschein asked the Council for permission to combine two other funds related to sidewalk improvement and façade improvement funding. Council members present supported that the combination of the funds would be appropriate. In response to a question from Council, Ms. Gygli stated façade funds could possibly be used for the restoration of the Monarch building, if the owner applies for the funding. -CEMETERY Martin Peace, Cemetery Sexton, and Joyce Stroschein, Chief Financial FISCAL YEAR 2016 Officer/Treasurer, gave an overview of the estimated Cemetery Division BUDGET REVIEW budget for Fiscal Year 2016. John Banks, Parks and Recreation Director, and Mr. Peace stated current Cemetery needs include replacement materials for the iron fence in front of Mountain View Cemetery. Mr. Peace reviewed possible repair and replacement options. Council members expressed the desire to keep as much of the iron fence as possible in the front of the Cemetery to maintain the historic appearance. Mr. Banks stated staff members would get an accurate figure of the amount of fencing that would be necessary for replacement of damaged areas, including relocation from other sections. Mr. Johnston expressed an interest in finding ways to generate revenue through utilizing Brady Chapel for events. Mayor Blad was excused from the meeting at 11:35 a.m. He gave the Chair of the meeting to Council President Cooper at this time. -BUILDING DEPT. Lynn Transtrum, Building Official and Joyce Stroschein, Chief Financial AND CITY HALL Officer/Treasurer, gave an overview of the estimated Building FISCAL YEAR 2016 Department and City Hall budgets for Fiscal Year 2016. BUDGET REVIEW 5 CITY COUNCIL MEETING BUDGET DEVELOPMENT MAY 21, 2015 Mr. Transtrum gave an overview of building upgrades which took place at City Hall, including public restroom upgrades, installation of an elevated floor in the Police Department dispatch area and the addition of an office for the Chief Financial Officer in the Finance Department, as well as other projects. He reviewed the proposed upgrades for Fiscal Year 2016, including carpet replacement throughout City Hall. In response to questions from Council, he stated that the roof assessment indicated that the 20-year life expectancy is reaching the full term and a replacement roof will cost approximately $250,000.00. Mr. Transtrum stated that cost-reducing lighting upgrades have already been implemented within City Hall, which was funded through a grant. Mr. Transtrum stated a change in personnel in the Building Department provided savings in benefits expenditures. He expressed the intent to continue a savings program for vehicle replacement. Mr. Transtrum stated the owners of the Monarch Building are working with their insurance carrier and engineers to facilitate the deconstruction of the historic building for the first of three phases of demolition. Mr. Transtrum added that a small portion of each building permit fee is set aside for Fund 964 for the purpose of abatement of hazardous buildings. He stated that it is unknown at this time if Fund 964 will be used for further demolition of the Monarch Building. -ANIMAL CONTROL Mary Remer, Animal Control Director, and Joyce Stroschein, Chief FISCAL YEAR 2016 Financial Officer/Treasurer, gave an overview of the estimated Animal BUDGET REVIEW Control budget for Fiscal Year 2016. Ms. Remer stated that because the animal shelter is new, exact utility costs are not fully known. She added that in comparison to prior year’s utility charges, some areas are already showing a decrease, due to energy efficient measures at the shelter. Ms. Remer thanked the Council members who were instrumental in participating in a fundraiser for the landscaping at the shelter. She added that a plan for a proposed dog park near the shelter is almost complete. In closing, Ms. Stroschein reviewed the upcoming budget meetings schedule and gave an overview of information that will be available on the City’s website. She noted revenue adjustments will be reviewed at the next meeting on June 4, 2015 with a follow-up meeting on June 25, 2015. Council President Cooper adjourned the meeting at 11:54 a.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK

Agenda

AGENDA CITY OF POCATELLO REGULAR CITY COUNCIL MEETING MAY 21, 2015 - 6:00 PM COUNCIL CHAMBERS 911 NORTH 7TH AVENUE Any citizen who wishes to address the Council shall first be recognized by the Mayor, and shall then give his/her name and address for the record. If a citizen wishes to read documentation of any sort to the Council, he/she shall first seek permission from the Mayor. A three (3) minute time limitation is requested for Council presentations. City Hall and the City Council Chambers are accessible to persons with disabilities. Interpreters for persons with hearing impairments and/or taped information for persons with visual impairments can be provided upon three days’ notice. For accessibility arrangements, please contact Dave Hunt, ADA Coordinator, at Voice Phone: 208-234-6248; Fax: 208-233-5149; E-mail: dhunt@pocatello.us; Mailing Address: P.O. Box 4169, Pocatello, Idaho 83205-4169; Physical Address: 5815 South 5th Avenue, Pocatello, Idaho. The purpose of the agenda is to assist the Council and interested citizens in the conduct of this public meeting. Citizens should examine the agenda for the item of their interest. However, citizens are advised that while some agenda items allow for public comment during discussion/consideration not every item does. If the matter the citizen wishes to discuss is not listed on the formal agenda, an opportunity to be heard by the Council is the agenda item described as "DISCUSSION ITEMS." Total time allotted for this item is fifteen (15) minutes, with a maximum of three (3) minutes per speaker. You must sign in at the start of the meeting. AGENDA CLARIFICATION MEETING: A meeting will be held at 5:30 p.m. in the Paradice Conference Room at City Hall, prior to the regular meeting for clarification of the agenda. RECESS: In the event the meeting is still in progress at 7:30 p.m., the Mayor may call a ten-minute recess to allow Council members and participants a brief rest period. AGENDA ITEM NO. 1: ROLL CALL AND PLEDGE OF ALLEGIANCE. AGENDA ITEM NO. 2: INVOCATION: The invocation will be offered by Reverend Jim Jones, Blazing Grace Church. REGULAR CITY COUNCIL MEETING 2 MAY 21, 2015 AGENDA ITEM NO. 3: CONSENT AGENDA: The following business items may be approved by one motion and a vote. If any one member of the Council so desires, any matter listed can be moved to a separate agenda item. (a) MINUTES: Council may wish to waive the oral reading of the minutes and approve the minutes from the Executive Sessions of April 29, 2015 and May 7, 2015; and the Clarification and Regular Council meeting of May 7, 2015. (b) TREASURER’S REPORT: Council may wish to consider the Treasurer’s Report for April showing cash and investments as of April 30, 2015. (c) HUMAN RELATIONS ADVISORY COMMITTEE APPOINTMENT: Council may wish to confirm the Mayor’s appointment of Patrick Blalock to serve as a member of the Human Relations Advisory Committee, filling a vacancy. Mr. Blalock’s term will begin May 22, 2015 and will expire May 22, 2019. (d) PARKS AND RECREATION ADVISORY BOARD REAPPOINTMENT: Council may wish to confirm the Mayor’s reappointment of Judy Taylor to continue her service as a member of the Parks and Recreation Advisory Board, representing the Fort Hall Replica Commission. Ms. Taylor’s term will begin June 8, 2015 and will expire June 8, 2017. (e) COUNCIL DECISION-BENCHLAND SUBDIVISION 4TH AND 5TH ADDITIONS REZONE (ARABIAN AVENUE): Council may wish to adopt its decision granting a request by Dennis Jablonski, et al, to rezone Benchland Subdivision 4th Addition, Lots 7 through 23 Block 8; Benchland Subdivision 4th Addition, Lots 9 through 13 Block 9; Benchland Subdivision 5th Addition Lots 14 through 16 Block 9; Benchland Subdivision 5th Addition Lots 24 through 27 and 33 Block 8; and Benchland Subdivision 5th Addition Lots 28 through 32 Block 8, from Residential Medium Density Multi-family (RMM) and Residential/Commercial/Professional (RCP) to Residential Low Density (RL), subject to conditions. (f) COUNCIL DECISION-COMMERCE SUBDIVISION FINAL SHORT PLAT: Council may wish to adopt its decision to grant Screamin’ Hot Real Estate, LLC, the Owners and Developers, its request for approval of the final short plat for the Commerce Subdivision, subject to conditions. The proposed request is to subdivide 2.25 acres (more or less) into a 2 lot subdivision, a re-plat of a portion of Lots 3 and 4, Block 3, of the Pocatello Square Subdivision. Lot 1 will consist of the Buffalo Wild Wings Restaurant and parking area with access form Poleline Road. Lot 2 is vacant and located west and adjacent to the Mattress Firm and Jensen Jewelers stores, which may be accessed through Buffalo Wild Wings’ parking lot with a Cross Access Agreement, however, primary access will be from Hurley Drive. (g) COUNCIL DECISION-AUTO PARTS SUBDIVISION FINAL SHORT PLAT: Council may wish to adopt its decision to grant Rocky Mountain Management and Development, LLC the Owners and Developers, its request for approval of the final short plat for the Auto Parts Subdivision, subject to conditions. The proposed request is to subdivide .73 acres (more or less) into a 1 lot subdivision, a re-plat of a portion of Lot 2, Block 4, of the Pocatello Square Subdivision. Lot 1 measures approximately .73 acres with primary access from Poleline Road via an existing approach. REGULAR CITY COUNCIL MEETING 3 MAY 21, 2015 (h) LEARN AND BURN TRAINING ON CITY PROPERTY-DECLARE 3270 AND 3270 1/2 SOUTH 2ND AVENUE AS SURPLUS: Council may wish to declare the buildings located at 3270 and 3270 1/2 South 2nd Avenue as surplus property. Council may also wish to authorize the Pocatello and Chubbuck Fire Departments to burn this building as part of a “Learn and Burn” training exercise. AGENDA ITEM NO. 4: COMMUNICATIONS AND PROCLAMATIONS: AGENDA ITEM NO. 5: CALENDAR REVIEW: Council may wish to take this opportunity to inform other Council members of upcoming meetings and events that should be called to their attention. PUBLIC HEARINGS: The procedure that will be used for conducting the public hearings is at the end of the agenda. AGENDA ITEM NO. 6: PUBLIC HEARING-PROPOSED FISCAL YEAR 2015 MAY BUDGET AMENDMENTS: This time has been set aside to receive public comments on proposed amendments to the Fiscal Year 2015 Budget. (Pertinent information attached.) AGENDA ITEM NO. 7: PUBLIC HEARING-VACATION OF RIGHT OF WAY- CORSINI COURT: This time has been set aside for the Council to hear comments from the public concerning a request by Tuscany Hills Development Co. (mailing address: 2231 East Center Street, Pocatello ID 83201) represented by Rocky Mountain Engineering and Surveying (mailing address: 2043 East Center Street, Pocatello ID 83201) to vacate the public’s interest in the platted right-of-way on the northeast end of Corsini Court. (Pertinent information attached.) REGULAR CITY COUNCIL MEETING 4 MAY 21, 2015 AGENDA ITEM NO. 8: PUBLIC HEARING-VACATION OF EASEMENT FOR FARR-ENS ESTATES SUBDIVISION: This time has been set aside for the Council to hear comments from the public concerning a request by Suzanne Rupp (mailing address: 815 Lucille Avenue, Pocatello ID 83201) to vacate the public’s interest in a water line easement located across Lot 25, block 2, Farr-Ens Estates Subdivision. (Pertinent information attached.) AGENDA ITEM NO. 9: PUBLIC HEARING-CONTRACT REZONE-HOLIDAY ON THE HILL SUBDIVISION: This time has been set aside for the Council to hear comments from the public concerning a request by Rusty Landon and Tom Marshall of Hotel Developers – Pocatello, LLC (mailing address: 3640 South Yellowstone Highway, Idaho Falls ID 83401) represented by Ken Smith of Process Architecture (mailing address: 1959 Elk View Court, Missoula MT 59803) to rezone, by contract agreement, the property located at Lot 2, Block 1, Holiday on the Hill Subdivision in order to allow construction of a hotel. The property is located in a Residential Commercial Professional zoning district and the request is for a contract rezone to a Commercial General zoning district for the requested use. (Pertinent information attached.) AGENDA ITEM NO. 10: FENCE PREMIT DENIAL APPEAL-645 EAST CEDAR: Christina A. Pameyer will be present to appeal the decision of the Construction Board of Appeals which denied Ms. Pameyer a fence permit for her property at 625 East Cedar. (Pertinent information attached.) REGULAR CITY COUNCIL MEETING 5 MAY 21, 2015 AGENDA ITEM NO. 11: BID/CONTRACT-PHASE ONE PHOSPHORUS IMPROVEMENT PROJECT: Council may wish to accept the recommendations of staff for the following requests regarding the Phase One Phosphorus Improvement Project: a) Accept the lowest responsive bid from Record Steel and Construction, Inc. dba RSCI in the amount of $19,154,700.00 and, if the bid is accepted; b) Authorize the Mayor to sign a Notice of Award and a contract between the City of Pocatello and Record Steel and Construction dba RSCI in the amount of $19,154,700.00 for the Phase One Phosphorus Improvement Project, subject to Legal Department review. (Pertinent information attached.) AGENDA ITEM NO. 12: RATIFICATION AND ACCEPTANCE-IFFT GRANT FOR ANIMAL SHELTER LANDSCAPING PROJECT: Council may wish to ratify an application for a $10,000.00 Ifft Grant, authorize acceptance of the grant and the Mayor’s signature on documents related to the grant, subject to Legal Department approval. Animal Shelter staff were made aware of the grant availability and immediately applied to obtain funds for the Animal Shelter Landscaping Project. There is no matching fund requirement. (Pertinent information attached.) AGENDA ITEM NO. 13: ENDANGERED SPECIES DAY EVENT AND CONSERVATION PROJECT-ZOO: Council may wish to consider granting staff permission for the following requests related to an Endangered Species Day Project at the Zoo, as presented at the May 14, 2015 Study Session: a) Transfer funds earned through admissions, subject to Council and Legal Department review, from the annual Endangered Species Day event to a worthwhile conservation project within Idaho; b) Donate the 2015 event funds to the Kootenai River White Sturgeon Conservation and Recovery Plan; REGULAR CITY COUNCIL MEETING 6 MAY 21, 2015 c) Allow the Zoo to provide “white sturgeon” t-shirts for a minimum donation of $10.00, with the proceeds also being donated to the Kootenai River White Sturgeon Conservation and Recovery Plan; and d) Present Council with potential worthwhile conservation project donation recipients in future years for selection. The Association of Zoos and Aquariums require a Conservation Strategic Plan in place prior to a zoo being considered for accreditation. This annual program would fulfill that particular requirement. (Pertinent information attached.) AGENDA ITEM NO. 14: USE AGREEMENT-SENIOR ACTIVITY CENTER, INC. CAR SHOW IN LOWER ROSS PARK: Council may wish to consider a Use Agreement with Senior Activity Center, Inc. granting permission to host A Car Show Event on Saturday, June 20, 2015 from 11:30 a.m. to 3:00 p.m., in conjunction with their Lower Ross Park shelter reservation. Senior Activity Center, Inc. has paid all applicable rental fees and will provide the required liability insurance, naming the City as an additional insured. They will also be responsible for cleaning the facilities at the conclusion of the event. (Pertinent information attached.) AGENDA ITEM NO. 15: MOA-MARSH CREEK ASSESSMENT-ISU: Council may wish to consider a Memorandum of Agreement (MOA), not to exceed $60,000.00, with Idaho State University (ISU) for contractual service to assess the sediment load in Marsh Creek, and authorize the Mayor’s signature, subject to Legal Department review. Funds for this project are available in the Science and Environment Division budget through funding provided by Three Rivers RC&D earlier this year. (Pertinent information attached.) REGULAR CITY COUNCIL MEETING 7 MAY 21, 2015 AGENDA ITEM NO. 16: RESOLUTION-POCATELLO COMMUNITY MEDIA HANDBOOK-VIDEO SERVICES: Council may wish to adopt a resolution approving and enacting the Pocatello Community Media Handbook as presented at the May 14, 2015 Study Session. (Pertinent information attached.) AGENDA ITEM NO. 17: RESOLUTION-ENFORCING A PROHIBITION OF HIRING OF ALL CITY EMPLOYEES: Council may wish to adopt a Resolution enforcing a prohibition of hiring of all employment positions, subject to Council approval, effective the date of the Resolution and continuing until amended or rescinded by the Council. (Pertinent information attached.) READING OF AN ORDINANCE PROCEDURE 1. Council determines which option below will be used to read the Ordinance by roll call vote. 2. The Ordinance is read by City Staff (usually City Attorney). 3. Mayor will declare the final reading of the ordinance and ask “Shall the Ordinance pass?” After roll call is taken, Mayor will announce whether or not the ordinance passed. AGENDA ITEM NO. 18: ORDINANCES: The Council has the following options for reading ordinances. If the Council makes no motion, the ordinance will be read by title on two occasions and at length on the third occasion and placed on final passage for publication. EXAMPLE MOTIONS: FOR THREE SEPARATE READINGS: "I move the ordinance, Agenda Item # , be read only by title on three separate occasions and placed on final passage and ordered for publication, and that only the ordinance summary sheet be submitted for publication." REGULAR CITY COUNCIL MEETING 8 MAY 21, 2015 FOR ONE READING UNDER RULES SUSPENSION: "I move the ordinance, Agenda Item # , be read only by title and placed on final passage for publication, and that only the ordinance summary sheet be submitted for publication." Before the ordinance can be read under Option 1 or 2, the Council, by a vote of one-half plus one (4) of the full Council, must vote to direct how the ordinance is to be read. Ordinances ready for reading. 18(a). An ordinance approving an amendment to the Fiscal Year 2015 Appropriations Ordinance increasing the total Fiscal Year expenditures by $47,544,221.06 to account for additional revenues, including grant funds, received by the City and to use previously unappropriated cash balances for unanticipated expenses incurred by the City. (This ordinance is hereby prepared for reading under the rules of suspension. Whole ordinance will need to be published.) 18(b). An ordinance amending portions of Chapter 12.04 “Sidewalks/Curbs” of the City Code. Specifically, this ordinance will amend and add subsections to Section 12.04.030 to include intersection quadrants of corner properties and clarify responsibilities of abutting property owners. (This Ordinance is hereby prepared for reading under the rules of suspension.) 18(c). An ordinance amending portions of Chapter 12.38 “Cemetery” of the City Code. Specifically, this ordinance will amend and add to Section 12.38.010; amend a portion of and add a subsection to 12.38.020; amend a portion of subsection 12.38.030(B); delete a portion of subsections 12.38.050(A) and (B); delete the existing subsection 12.38.080(D) and add a new subsection 12.38.808(D); delete a portion of section 12.38.095; amend a portion of subsection 12.38.100(B); and amend, delete, and add to portions of Section 12.38.110. (This Ordinance is hereby prepared for reading under the rules of suspension.) AGENDA ITEM NO. 19: DISCUSSION ITEMS: This time has been set aside to hear discussion items not listed on the agenda. Items which appeared somewhere else on the agenda will not be discussed at this time. The Council is not allowed to take any official action at this meeting on matters brought forward under this agenda item. Items will either be referred to the appropriate staff or scheduled on a subsequent agenda. You must sign in at the start of the meeting in order to be recognized. (Note: Total time allotted for this item is fifteen (15) minutes, with a maximum of three (3) minutes per speaker.) REGULAR CITY COUNCIL MEETING 9 MAY 21, 2015 PUBLIC HEARING PROCEDURE 1. Explanation of hearing procedures by Mayor or staff.  Ten (10) minute time limit on applicant presentation.  Three (3) minute time limit on public testimony.  Names and addresses are required from those presenting/testifying.  Questions/comments should be addressed to the Mayor and Council.  Council members must make their decision regarding the application on facts already in the record and information presented at the public hearing. Conflicts of interest, site visits and ex-parte contacts by Council members will be acknowledged.  Protocol requires that Council and audience be recognized by the Mayor prior to speaking. 2. Mayor opens hearing. 3. Presentation by applicant. Note: Remember, applicant bears the responsibility for making his/her case. This is also the time for Council members to ask their questions of the applicant. 4. Presentation by staff. 5. Written correspondence submitted for the record. 6. Testimony by those supporting the application. 7. Testimony by those uncommitted on the application. 8. Testimony by opponents to the application. 9. Rebuttal by the applicant. 10. Mayor closes the hearing and initiates motion/deliberations. Note: The Mayor may choose to require a motion prior to the discussion in order to focus deliberations, or, the Mayor may choose to allow deliberations prior to the motion in order to facilitate wording of the motion. 11. Develop a written and reasoned statement supporting the decision.

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