City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING JULY 16, 2015 CLARIFICATION The City Council Agenda Clarification meeting was called to order MEETING at 5:30 p.m. by Mayor Brian Blad. Council members present were Steve Brown, Jim Johnston, Gary Moore and Eva Johnson Nye. Council members Craig Cooper and Michael L. Orr were 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 6:05 p.m. ROLL CALL AND by Mayor Brian Blad. Council members present were Steve Brown, PLEDGE OF Jim Johnston, Gary Moore and Eva Johnson Nye. Council ALLEGIANCE members Craig Cooper and Michael L. Orr were excused. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was offered by Major Ben LaBarge (Ret.) INVOCATION representing the Salvation Army. 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 June 25, 2015 Budget Development meeting; June 25, 2015 Executive Session; and July 2, 2015 Clarification and Regular Council meeting. -TREASURERS (b) Consider the Treasurer’s report for June showing cash and REPORT investments as of June 30, 2015 in the amount of $45,136,731.74. -HISTORIC (c) Confirm the Mayor’s reappointment of Latecia Herzog to continue PRESERVATION her service as a member of the Historic Preservation Commission. COMMISSION Ms. Herzog’s term will begin August 3, 2015 and will expire August REAPPOINTMENT 3, 2018. -HOUSING (d) Confirm the Mayor’s appointment of Jared Marchand to serve as a AUTHORITY OF member of the Housing Authority of Pocatello, filling the vacancy POCATELLO left by Mark McOmber who resigned. Mr. Marchand’s term will APPOINTMENT begin July 17, 2015 and will expire August 17, 2016. -LIBRARY BOARD OF (e) Confirm the Mayor’s appointment of Kathryn Way to serve as a TRUSTEES member of the Library Board of Trustees, replacing Susan Pesti- APPOINTMENT Strobel who resigned. Ms. Way’s term will begin July 17, 2015 and will expire July 1, 2018. -ACCEPTANCE OF (f) Grant the Animal Services Department permission to accept a DONATION FROM $1,000.00 donation from the Purina Cat Chow Volunteer of the PURINA CAT CHOW Year Contest that was held in February 2015. Staff would like to use –ANIMAL SERVICES the donation to purchase much needed cat dens/carriers. REGULAR CITY COUNCIL MEETING 2 JULY 16, 2015 -RATIFICATION (g) Ratify a Water Rights Lease Agreement with the Southwest -WATER RIGHTS Irrigation District to lease 10,000 acre feet of Palisades storage water LEASE AGREEMENT from the City for $22.00 per acre foot, plus administration fees and WITH SOUTHWEST 50% of any impact fees assessed for the 2015 water season, subject IRRIGATION DISTRICT to conditions. The lease is renewable in one-year increments for an additional four years. -RESOLUTION OF (h) Adopt Resolution (2015-08) outlining the intent to create an internal INTENT TO CREATE inter-department loan in the amount of $2,067,000.00 between the AN INTERNAL Sanitation Fund (Fund 30) and the Federal Aid Projects Fund (Fund INTER-DEPARTMENT 70) with repayment made by transfers from the Street Fund (Fund 3) LOAN to the Federal Aid Projects Fund (Fund 70). This internal loan is necessary to meet the financial obligations of the State/Local Agreement for the construction of the Cheyenne Overpass a/k/a South Valley Road. The resolution allows the inter-department loan to be executed and establishes the repayment plan. -COUNCIL DECISION (i) Adopt the Council’s decision to approve an amendment of the -ZONING zoning designation requested by MFRB, LLC, a Utah Limited DESIGNATION Liability Company, for 7.93 acres located at 1800 Garrett Way from AMENDMENT FOR Commercial General (CG) to Residential/Commercial/Professional PROPERTY LOCATED (RCP). AT 1800 GARRETT WAY 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 and Nye. AGENDA ITEM NO. 4: Mayor Blad welcomed members from Boy Scout Troop 323. COMMUNICATIONS AND PROCLAMATIONS AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the Special City Council CALENDAR REVIEW meeting on August 6th at 9:00 a.m.; the August 6th Regular Council meeting at 6:00 p.m. and the August 13th Study Session at 9:00 a.m. Mayor Blad announced a teen summer reading party “Age of Mammoths” hosted by Idaho Museum of Natural History would be held on July 17th at 6:30 p.m. at Marshall Public Library; the Idaho Senior Games continue through Saturday, July 18th; Ross Park Aquatic Complex will host a Splash Dance on July 23rd from 9:00 p.m. to 11:00 p.m.; the 25th anniversary of the ADA celebration would be held on July 22nd at 4:00 p.m. at Alameda Park; the POW*MIA Awareness Rally and Motorcycle Rodeo will be held at the Bannock County Fairgrounds July 24th through the 26th; the Pocatello Zoo Concerts will be held each Saturday at the Ross Park Band Shell from 5:00 p.m. to 7:00 p.m.; and the Ross Park Band Series will be held on Sunday evenings at 7:00 p.m. through August 9th. AGENDA ITEM NO. 6: This time was set aside for the Council to receive public comments PUBLIC HEARING on proposed fee changes for Fiscal Year 2016, beginning October 1, -PROPOSED FISCAL 2015 to September 30, 2016. YEAR 2016 FEE CHANGES Mayor Blad opened the public hearing. REGULAR CITY COUNCIL MEETING 3 JULY 16, 2015 Joyce Stroschein, Chief Financial Officer/Treasurer, gave an overview of the proposed fee changes for Fiscal Year 2016. She reviewed Idaho Code statutes that must be met in order for cities to increase fees. Ms. Stroschein reported that fees are determined to off-set the actual costs for providing services. In addition, if fee users do not pay the cost, it will be passed along to the tax payer in the form of property taxes. In response to questions from Council, Ms. Stroschein stated that some fees can be offered at a reduced rate, based upon financial qualification. She added that because some facilities, such as the Recreation Center, are already tax-supported, citizens already receive a reduced rate in comparison to a private industry. John Banks, Parks and Recreation Director, stated scholarship programs are available for lower income families, with proof of income. He added that families are eligible for reduced fees when registering multiple children in youth programs and sports activities. Ms. Stroschein announced one letter of correspondence was received on the proposal. Mike Seibert, 1665 Pocatello Creek Road, spoke uncommitted to the proposal. He asked if the current rate schedule adequately reflects an increase since changes to the payment in lieu of taxes took effect. Idaho Lorax, Pocatello resident, spoke uncommitted to the proposal. He expressed his concern regarding environmental hazards as they relate to property transfers. Niki Taysom, 4963 Yellowstone Avenue, Chubbuck, spoke in opposition to the proposal. She feels that it is not appropriate for government entities to charge fees for services and business licenses. Ms. Stroschein clarified that since the discontinuation of the payment in lieu of taxes in 2014, a new rate study has been completed and appropriate rates have been implemented. She added that the City of Pocatello does not issue general business licenses, and only requires licensing of specified businesses to ensure safety for citizens. There being no further public comments, Mayor Blad closed the public hearing. AGENDA ITEM NO. 7: This time was set aside for the Council to receive public comments PUBLIC HEARING to repeal Pocatello Municipal Code (PMC) Chapter 5.28 “Daycare” -PROPOSED NEW and enactment of a new PMC Chapter 5.28 “Child Care”. CHILD CARE ORDINANCE Mayor Blad opened the public hearing. Rich Diehl, Deputy City Attorney, gave an overview of the proposed child care ordinance. He explained that the new ordinance clarifies definitions and creates specific exceptions as it relates to child care. Mr. Diehl explained that the proposed ordinance addresses issues regarding overnight care and transportation of children, which is not addressed in the current daycare ordinance. He added that the proposed ordinance would meet recommendations as outlined in the International Fire Code. Mr. Diehl stated one letter of correspondence in support of the proposed ordinance had been received. He stated that the League of Women Voters has requested to have language added regarding the carrying of firearms into child care facilities. Mr. Diehl explained that in Idaho, it is legal to carry a gun and the City of Pocatello does not have jurisdiction to override that law. He stated that each business owner has the right to post a request asking visitors to remove their firearm before entering the business. REGULAR CITY COUNCIL MEETING 4 JULY 16, 2015 Pam Ward, 12805 West Reservation Road, representing the League of Women Voters, spoke in support of the proposed ordinance. She expressed the League’s endorsement of education and employment by supporting high quality child care practices and licensing. Ms. Ward applauded the City of Pocatello’s efforts to ensure safety of children. She stated the League of Women Voters desired a ban on corporal punishment and weapons at child care facilities. Helen Beitia, 13194 North Yellowstone Avenue, spoke in support of the proposed ordinance. She asked that additional requirements be included in the ordinance pertaining to carbon monoxide detectors, outdoor exercise areas and first aid kits. Muriel Roberts, 545 ½ South 19th Avenue, spoke in support of the proposed ordinance. She feels a specific deadline for obtaining immunization records would be appropriate to add to the ordinance. Ms. Roberts stated she supports annual building safety checks and weapons prohibition at child care facillities. Judy Boren, 981 Sawtooth, representing IdahoSTARS, spoke in support of the proposed ordinance. She stated Pocatello has increased quality standards for child care facilities and commended the City for taking steps to ensure child safety. Niki Taysom, 4963 Yellowstone Avenue, Chubbuck, spoke in opposition to the proposal. She stated she is opposed to regulation by the International Fire Code and expressed disappointment in daycare facilities she has visited. In response to questions from Council, Mr. Diehl stated it is recommended that child immunization records be kept on-site at child care facilities within 14 days of enrollment, as stated in Idaho code. He added that changes will take time for existing licensed child care facilities. There being no further public comments, Mayor Blad closed the public hearing. AGENDA ITEM NO. 8: This time was set aside for the Council to receive public comments PUBLIC HEARING regarding a request by BVMH Properties, LLC (mailing address: 901 1350 YELLOWSTONE Pier View Drive, Idaho Falls, ID 83402) to vacate and abandon the AVENUE-VACATION OF public’s interest in a utility easement on Lots 1 and 2, Block 2, UTILITY EASEMENT Fairground Addition, 1350 Yellowstone Avenue. Planning Staff recommended approval of the request. Mayor Blad opened the public hearing. Mayor Blad announced there had been no ex parte communication from the Council. Thel Casper, 901 Pier View Dr., Ste. 201, Idaho Falls, BVMH Properties representative, stated he was available for questions regarding the vacation request. Matthew Lewis, Planning Division Manager, stated the proposed utility easement was platted in 1957, but according to research, there are no utility lines within the easement. He stated utility companies have no objections to the proposed vacation of the utility easement. Norman Reese, 231 Myrl Street, shared his concerns regarding proper parking in the car dealership lot. He feels employees should park in a parking lot and not on the sidewalk. REGULAR CITY COUNCIL MEETING 5 JULY 16, 2015 Mr. Casper stated the parking issue at the location is a separate issue from the easement vacation request. However, he will address the parking issue with BVMH Properties to find a possible solution to Mr. Reese’s concerns. There being no further public comments, Mayor Blad closed the public hearing. A motion was made by Mr. Moore, seconded by Mr. Johnston, to approve a request by BVMH Properties, LLC, to vacate and abandon the public’s interest in a utility easement on Lots 1 and 2, Block 2, Fairground Addition, 1350 Yellowstone Avenue and that the decision be set out in appropriate Council Decision format. Upon roll call, those voting in favor were Moore, Johnston, Brown and Nye. AGENDA ITEM NO. 9: Scott Briscoe (mailing address: 558 West 75 South, Blackfoot, ID FINAL PLAT-EASTPOINTE 83221) represented by Rocky Mountain Engineering and Surveying HILLS DIVISION NO. 6 (mailing address: 2043 East Center Street, Pocatello, ID 83201) has submitted a final plat to subdivide approximately 8.41 acres into 14 residential lots. The subdivision is located on extensions of Eastpointe Drive and Hallmark Drive, east of Hiline Road and is to be known as Eastpointe Hills Division No. 6. The Planning and Zoning Commission recommended approval of the request at their meeting held April 22, 2015. A motion was made by Mrs. Nye, seconded by Mr. Johnston, to approve a request by Scott Briscoe, represented by Rocky Mountain Engineering and Surveying, to subdivide approximately 8.41 acres into 14 residential lots and that the subdivision is located on extensions of Eastpointe Drive and Hallmark Drive, east of Hiline Road and is to be known as Eastpointe Hills Division No. 6, subject to conditions as outlined in the memo from Merril Quayle to Matt Lewis dated July 6, 2015 and that the decision be set out in appropriate Council Decision format. Upon roll call, those voting in favor were Nye, Johnston, Brown and Moore. AGENDA ITEM NO. 10: Council was asked to accept the recommendations of staff and PIGGY BACK BID award Western States Equipment Company the following piggy- -WATER back bid based upon a previous 2010 asphalt compactor bid price, and authorize the Mayor to sign documents related to the bid, subject to Legal Department review. The bid is for: One 2015 CB34B asphalt compactor—purchase price $53,671.19. An annual lease payment of $4,793.39 (which is less than the former agreement due to lower interest rates) with a residual amount of $36,355.19 at the end of the 5th year lease payment. The annual payment amount is budgeted in Fiscal Year 2015. A motion was made by Mr. Johnston, seconded by Mrs. Nye, to accept the recommendations of staff and award Western States Equipment Company the piggy back bid based upon a previous 2010 asphalt compactor bid price, and authorize the Mayor to sign documents related to the bid, subject to Legal Department review for one 2015 CB34B asphalt compactor—purchase price $53,671.19 with an annual lease payment of $4,793.39 with a residual amount of $36,355.19 at the end of the 5th year lease payment.. Upon roll call, those voting in favor were Johnston, Nye, Brown and Moore. REGULAR CITY COUNCIL MEETING 6 JULY 16, 2015 AGENDA ITEM NO. 11: Council was asked to adopt a resolution declaring the City’s intent to RESOLUTION convey real property to the Pocatello Development Authority DECLARING INTENT pursuant to Idaho Code §50-1403(4). Said real property contains TO CONVEY REAL approximately 67.2 acres, more or less, situated in Bannock County PROPERTY AND southwest of the Great Western Malting Plant and at the end of DECLARATION OF PUBLIC Kraft Road in Pocatello. Upon adoption, a Public Hearing will be HEARING DATE held on August 6, 2015. A motion was made by Mrs. Nye, seconded by Mr. Brown, to adopt a resolution (2015-09) declaring the City’s intent to convey real property to the Pocatello Development Authority pursuant to Idaho Code §50-1403(4) and that said real property contains approximately 67.2 acres, more or less, situated in Bannock County southwest of the Great Western Malting Plant and at the end of Kraft Road in Pocatello. Upon roll call, those voting in favor were Nye, Brown, Johnston and Moore. AGENDA ITEM NO. 12: The Pocatello Sports Committee, represented by Mike Calley “COUNCIL SELECT” (mailing address: 1410 Kelsea Place, Pocatello, ID 83201) is FUNDING REQUEST requesting that “Council Select” funds in the amount of $315.00 be -POCATELLO SPORTS used to pay for sanitation and recycle fees in association with the COMMITTEE Pocatello Marathon on Saturday, September 5, 2015 at Lower Ross Park. (As of July 10, 2015 $3,050.00 remained in the “Council Select” line item.) Mayor Blad reminded the Council that the Council-approved donation amount for “Council Select” requests is $250.00. A motion was made by Mr. Moore, seconded by Mr. Brown, to approve a request by the Pocatello Sports Committee, represented by Mike Calley, for “Council Select” funds in the amount of $250.00 to be used to pay for sanitation and recycle fees in association with the Pocatello Marathon on Saturday, September 5, 2015 at Lower Ross Park. Upon roll call, those voting in favor were Moore, Brown, Johnston and Nye. Mike Calley stated the Pocatello Marathon has grown to nearly 1,200 participants from 45 states and three countries. He explained that the Pocatello Sports Committee began in 1986 to help bring sporting events to Pocatello. Mr. Calley invited community members to participate in the marathon and thanked the Mayor and Council for their support. AGENDA ITEM NO. 13: Council was asked to consider an exception request from the EXCEPTION REQUEST Pocatello Sports Committee, represented by Mike Calley (mailing FOR VENDOR SALES/ address: 1410 Kelsea Place, Pocatello ID 83201) to allow vendor BEER PERMIT sales and the consumption of beer and wine for the Pocatello -POCATELLO SPORTS Marathon on September 5, 2015, 9:00 a.m. through 3:00 p.m. in COMMITTEE Lower Ross Park, near the event finish line. The applicant will be required to meet all applicable City and State laws, submit the required applications, pay the applicable fees and provide liability insurance, naming the City as an additional insured. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve an exception request from the Pocatello Sports Committee, represented by Mike Calley, to allow vendor sales and the consumption of beer and wine for the Pocatello Marathon on September 5, 2015 from 9:00 a.m. through 3:00 p.m. in Lower Ross Park, near the event finish line and that the applicant will be required to: a) meet all applicable City and State laws; b) submit the required applications; c) pay the applicable fees; and REGULAR CITY COUNCIL MEETING 7 JULY 16, 2015 d) provide liability insurance, naming the City as an additional insured. Upon roll call, those voting in favor were Moore, Nye, Brown and Johnston. AGENDA ITEM NO. 14: Council was asked to consider the following requests from Bannock CONCESSION AND County Democratic Committee (mailing address: PO Box 1563, BEER/WINE PERMIT Pocatello ID 83201) for a picnic event at Sister City Park on August APPLICATIONS-BANNOCK 20, 2015 from 6:00 p.m. to 10:00 p.m. COUNTY DEMOCRATIC CENTRAL COMMITTEE CONCESSION a) An exception to City Code 5.06.020 allowing the Committee to SALES EXCEPTION conduct concessions for the event. Approval by Council is necessary since Sister City Park is not specifically identified in City Code as a park that allows sales; and ALCOHOL b) An exception to City Code 12.36.060 to allow consumption of beer CONSUMPTION and wine at the event. Approval by Council is necessary since Sister EXCEPTION City Park is also not specifically identified in City Code as a park where the consumption of such beverages is allowed. The Democratic Central Committee has submitted the proper City applications, has provided the required liability insurance naming the City as an additional insured, and has met Southeastern Idaho Public Health requirements. A motion was made by Mrs. Nye, seconded by Mr. Moore, to approve the following requests from Bannock County Democratic Committee for a picnic event at Sister City Park on August 20, 2015 from 6:00 p.m. to 10:00 p.m.: a) an exception to City Code 5.06.020 allowing the Committee to conduct concessions for the event; and b) an exception to City Code 12.36.060 to allow consumption of beer and wine at the event and that the applicant will be required to: 1) submit the property City applications; 2) provide the required liability insurance naming the City as an additional insured; and 3) meet Southeastern Idaho Public Health requirements. Upon roll call, those voting in favor were Nye, Moore, Brown and Johnston. AGENDA ITEM NO. 15: Council was asked to authorize the Pocatello Arts Council to apply IFFT GRANT for an Ifft Grant in the amount of $2,250.00 to provide honorariums APPLICATION- for sculptors as part of a second Stone Symposium Pocatello Rocks! POCATELLO ARTS Project and if awarded, authorize the Mayor’s signature, subject to COUNCIL SECOND Legal Department review, on documents related to the grant. STONE SYMPOSIUM Frank Hartleib, Pocatello Arts Council chair, gave an overview of the 2014 Stone Symposium results and reviewed plans for the 2015 project. He stated the art pieces are planned to be placed in public places in the spring of 2016. Mr. Hartleib thanked the Mayor and Council for support of the arts in Pocatello. A motion was made by Mr. Moore, seconded by Mrs. Nye, to authorize the Pocatello Arts Council to apply for an Ifft Grant in the amount of $2,250.00 to provide honorariums for sculptors as part of a second Stone Symposium Pocatello Rocks! Project and if awarded, authorize the Mayor’s signature, subject to Legal Department review, on documents related to the grant. Upon roll call, those voting in favor were Moore, Nye, Brown and Johnston. REGULAR CITY COUNCIL MEETING 8 JULY 16, 2015 AGENDA ITEM NO. 16: Council was asked to approve submission of a grant to Firehouse FIREHOUSE SUBS Subs Public Safety Foundation in an amount up to $20,300.00 and, if PUBLIC SAFETY awarded, authorize acceptance of the grant and authorize the Mayor FOUNDATION GRANT to sign documents related to the grant, subject to Legal Department APPLICATION-POLICE review. The grant will be used to purchase safety equipment for the Police Department. This is a first-time grant and there is no City matching of funds associated with this request. A motion was made by Mr. Moore, seconded by Mr. Johnston, to approve submission of a grant to Firehouse Subs Public Safety Foundation in an amount up to $20,300.00 and if awarded, authorize acceptance of the grant and authorize the Mayor to sign documents related to the grant, subject to Legal Department review. Upon roll call, those voting in favor were Moore, Johnston, Brown and Nye. AGENDA ITEM NO. 17: Council was asked to approve and authorize the Mayor to sign all AIRPORT GRANT pertinent documents for the following Airport items: APPLICATION AND LANDING FEE WAIVER GRANT SUBMISSION a) Submission of a small community air service development grant application to the U.S. Department of Transportation. The requested grant amount is $250,000.00 with an additional $70,000.00 local match and $30,000.00 of in- kind services provided by the community. The grant will be used to increase flight frequency at the airport and market the increased frequency. FEE WAIVER b) Waiver of land fees for SkyWest of approximately $63.45 per landing for additional flight(s) added as part of the grant project. A motion was made by Mr. Johnston, seconded by Mrs. Nye, to approve and authorize the Mayor to sign all pertinent documents for the following airport items, subject to review by the Chief Financial Officer: a) Submission of a small community air service development grant application to the U.S. Department of Transportation in the amount of $250,000.00 with an additional $70,000.00 local match and $30,000.00 of in-kind services provided by the community; and b) waiver of land fees for SkyWest of approximately $63.45 per landing for additional flight(s) added as part of the grant project. Upon roll call, those voting in favor were Johnston, Nye, Brown and Moore. AGENDA ITEM NO. 18: Council was asked to approve and authorize the Mayor to sign a AIRPORT PROFESSIONAL professional services agreement with T-O Engineers in the amount SERVICES AGREEMENT of $554,700.00 for engineering services related to the following WITH T-O ENGINEERS projects at the airport. PROJECT a) Project management of general aviation apron pavement MANAGEMENT rehabilitation; and TAXIWAY DESIGN b) Design only of (1) Taxiway A and Terminal apron rehabilitation; and (2) relocation of Taxiway E. Funding for the agreement will come from a federal grant (93.75%) and local match monies (6.25%). REGULAR CITY COUNCIL MEETING 9 JULY 16, 2015 A motion was made by Mr. Moore, seconded by Mr. Johnston, to approve and authorize the Mayor to sign a professional services agreement with T-O Engineers in the amount of $554,700.00 for engineering services related to the following projects at the airport: a) project management of general aviation apron pavement rehabilitation; and b) design of (1) Taxiway A and Terminal apron rehabilitation; and (2) relocation of Taxiway E. In response to a question from Council, Joyce Stroschein, Chief Financial Officer/Treasurer, stated funds are collected through passenger facility fees which are collected and monitored until needed. Mr. Moore’s motion was voted upon at this time. Upon roll call, those voting in favor were Moore, Johnston, Brown and Nye. AGENDA ITEM NO. 19: Council was asked to consider renewing a Transit Advertising ADVERTISING contract between the City and MSVM Group, LLC, Media Specialist CONTRACT-TRANSIT to wrap (9) nine buses for Bingham Memorial Hospital. The contract, subject to Legal Department review, provides for a (6) six month term with (3) three renewable periods of (6) six months. A motion was made by Mrs. Nye, seconded by Mr. Johnston, to approve renewal of a Transit Advertising contract between the City and MSVM Group, LLC, Media Specialist to wrap (9) nine buses for Bingham Memorial Hospital, which provides for a (6) six month term with (3) three renewable periods of (6) months, subject to Legal Department review. Upon roll call, those voting in favor were Nye, Johnston, Brown and Moore. AGENDA ITEM NO. 20: Council was asked to execute a Farm Lease Agreement with Kevin WPC FARM LEASE Loveland for one parcel of land situated in Power County to lease AGREEMENT for agricultural purposes including the application of biosolids from LOVELAND the City of Pocatello’s Water Pollution Control (WPC) Plant. The property consists of 105 farmable acres. The rent will be $99.25 per acre for acreages growing non-alfalfa crops. This lease is for a 5 year period beginning June 1, 2015 to May 31, 2020. A motion was made by Mr. Moore, seconded by Mr. Johnston, to approve a Farm Lease Agreement with Kevin Loveland for one parcel of land situated in Power County to lease for agricultural purposes including the application of biosolids from the City of Pocatello’s Water Pollution Control (WPC) Plant and that the property consists of 105 farmable acres and that the rent will be $99.25 per acre for acreages growing non-alfalfa crops for a 5 year lease period beginning June 1, 2015 to May 31, 2020. Upon roll call, those voting in favor were Moore, Johnston, Brown and Nye. AGENDA ITEM NO. 21: Council was asked to execute a Farm Lease Agreement with Hansen WPC FARM LEASE and McNabb, a general partnership, for two parcels of land situated AGREEMENT in Power County to lease for agricultural purposes including the -HANSEN/MCNABB application of biosolids from the City of Pocatello’s Water Pollution Control (WPC) Plant. The two properties consist of 216.2 acres and 50.84 acres. The rent will be $99.25 per acre for acreages growing non-alfalfa crops. This lease is for a 5 year period beginning June 1, 2015 to May 31, 2020. A motion was made by Mr. Brown, seconded by Mrs. Nye, to approve a Farm Lease Agreement with Hansen and McNabb, a general partnership, for two parcels of land situated in Power County to lease REGULAR CITY COUNCIL MEETING 10 JULY 16, 2015 for agricultural purposes including the application of biosolids from the City of Pocatello’s Water Pollution Control (WPC) Plant and the two properties consist of 216.2 acres and 50.84 acres and that the rent will be $99.25 per acre for acreages growing non-alfalfa crops for a 5 year period beginning June 1, 2015 to May 31, 2020. Upon roll call, those voting in favor were Brown, Nye, Johnston and Moore. AGENDA ITEM NO. 22: Council was asked to consider the following Ordinances: ORDINANCES MISDEMEANOR a) An ordinance amending Section 9.16.060 “Violation; Penalty”, CITATIONS TO amending Section 9.16.180 “Littering”, amending Section 9.16.190 INFRACTIONS “Deposits of Injurious Material on Right of Way”, to reduce misdemeanor citations to infraction citations pursuant to the State of Idaho Supreme Court’s Order issued May 7, 2015, effective July 1, 2015. A motion was made by Mrs. Nye, seconded by Mr. Johnston, that the ordinance, Agenda Item 22(a), 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 Nye, Johnston, Brown and Moore. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance amending Section 9.16.060 “Violation; Penalty”, amending Section 9.16.180 “Littering”, amending Section 9.16.190 “Deposits of Injurious material on Right of Way”, to reduce misdemeanor citations to infraction citations pursuant to the State of Idaho Supreme Court’s Order issued May 7, 2015, effective July 1, 2015. Mayor Blad asked “Shall the ordinance pass?” Upon roll call, those voting in favor were Brown, Johnston, Moore and Nye. Mayor Blad declared the ordinance and summary sheet passed, that it be numbered 2950 and be submitted to the Idaho State Journal for publication. CHILD CARE b) An ordinance repealing the current Chapter 5.28 “Daycare” and enacting a new Chapter 5.28 “Child Care” wherein amendments, additions and deletions have been made to clarify definitions, provide additional regulation and exceptions, create a civil penalty for violations, provide a process of judicial review of denied licenses and other modifications. A motion was made by Mr. Moore, seconded by Mr. Johnston, that the ordinance, Agenda Item 22(b), be read only by title and placed on final passage for publication, and that only the ordinance summary sheet be submitted for publication and that modifications recommended by Legal Department council be included in the final ordinance. Upon roll call, those voting in favor were Moore, Johnston, Brown and Nye. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance repealing the current Chapter 5.28 “Daycare” and enacting a new Chapter 5.28 “Child Care” wherein amendments, additions and deletions have been made to clarify definitions, provide additional regulation and exceptions, create a civil penalty for violations, provide a process of judicial review of denied licenses and other modifications. Mayor Blad asked “Shall the ordinance pass?” Upon roll call, those voting in favor were Brown, Johnston, Moore and Nye. Mayor Blad declared the ordinance and summary sheet passed, that it be numbered 2951 and be submitted to the Idaho State Journal for publication. REGULAR CITY COUNCIL MEETING 11 JULY 16, 2015 REPEAL INITIATIVES c) An ordinance repealing Chapter 1.30 “Initiatives and Referendum AND REFERENDUMS Procedures” pursuant to adoption of House Bill No. 216 and the PROCEDURES State of Idaho enacting a new section to the Idaho Code (§34-1801B) effective July 1, 2015. A motion was made by Mr. Brown, seconded by Mr. Johnston, that the ordinance, Agenda Item 22(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 Brown, Johnston, Moore and Nye. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance repealing Chapter 1.30 “Initiatives and Referendum Procedures” pursuant to adoption of House Bill No. 216 and the State of Idaho enacting a new section to the Idaho Code (§34-1801B) effective July 1, 2015. Mayor Blad asked “Shall the ordinance pass?” Upon roll call, those voting in favor were Brown, Johnston, Moore and Nye. Mayor Blad declared the ordinance and summary sheet passed, that it be numbered 2952 and be submitted to the Idaho State Journal for publication. AGENDA ITEM NO. 23: Idaho Lorax, Pocatello resident, shared his concerns regarding DISCUSSION ITEMS environmental hazards as they relate to property transfers. Randy Reed, 3727 Cardinal Drive, shared his concerns regarding speed limits in school zones and times during which these speed limits are enforced. He feels the times should be reduced to reflect only the times children are in school. There being no further business, Mayor Blad adjourned the meeting at 7:56 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK REGULAR CITY COUNCIL MEETING 12 JULY 16, 2015 PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK