City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING AUGUST 6, 2015 CLARIFICATION The City Council Agenda Clarification Meeting was called MEETING to order at 5:39 p.m. by Mayor Brian Blad. Council members present were Steve Brown, Craig Cooper, Jim Johnston, Gary Moore, Eva Johnson Nye and Michael L. Orr. 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 6:06 p.m. ROLL CALL AND by Mayor Brian Blad. Council members present were Steve Brown, PLEDGE OF Craig Cooper, Jim Johnston, Gary Moore, Eva Johnston Nye and ALLEGIANCE Michael L. Orr. Mayor Blad led the audience in the pledge of allegiance. ITEM NO. 2: The invocation was offered by Merriann Forrest, Executive INVOCATION Director, Jeshua Ministries. AGENDA ITEM NO. 3: Council was asked to consider the following business items: CONSENT AGENDA -MINUTES (a) Waive the oral reading of the minutes and approve the minutes from the Clarification meeting and Regular City Council meeting of June 18, 2015 and July 16, 2015. -PAYROLL AND (b) Payroll and material claims for the month of July 2015 in the amount MATERIAL CLAIMS of $7,385,508.43. -HISTORIC (c) Confirm the Mayor’s reappointment of Jacquee Alvord to continue PRESERVATION her service as a member of the Historic Preservation Commission. COMMISSION Ms. Alvord’s term will begin August 21, 2015 and will expire August REAPPOINTMENT 21, 2018. -HUMAN RELATIONS (d) Confirm the Mayor’s reappointment of Gloria Mayer to continue ADVISORY her service as a member of the Human Relations Advisory COMMITTEE Committee. Ms. Mayer’s term will begin August 8, 2015 and will REAPPOINTMENT expire August 8, 2019. -POCATELLO ARTS (e) Confirm the Mayor’s appointment of Margaret Johnson to serve as a COUNCIL member of the Pocatello Arts Council, replacing Malynda Cooper APPOINTMENT whose term expired. Ms. Johnson’s term will begin August 7, 2015 and will expire August 7, 2018. REGULAR CITY COUNCIL MEETING 2 AUGUST 6, 2015 -RENEWAL OF (f) Council was asked to approve the annual renewal of a Professional PROFESSIONAL Services Agreement with Lucity, Inc., beginning August 1, 2015 for SERVICES the provision of technical support for the City’s GIS system. The AGREEMENT-LUCITY agreement provides for technical support at the off-site rate of $115.00 per hour, and on-site rate of $1,725.00 per day, which expense is included in the GIS annual budget. -SURPLUS (g) Council was asked to declare a 2012 Smart car used by the Police DECLARATION AND Department as surplus and authorize the vehicle to be sold back to RETURN OF 2012 Smart USA via their authorized agent, Impartial Services Group. SMART CAR TO DEALER The agent has agreed to purchase the vehicle as outlined under the “Lemon Law.” -RENEWAL OF (h) Council was asked to renew the annual College Work Study ANNUAL AGREEMENT Agreement with Idaho State University (ISU), July 1, 2015 through WITH ISU-WORK June 30, 2016, to provide work study positions at the City in the STUDY POSITIONS amount of $28,000.00. The City is responsible for paying forty percent of said allocations ($11,200.00). This is an annual agreement and funding for work study positions is included in the budgets of those departments utilizing work study. -COUNCIL DECISION (i) Adopt the Council’s decision approving BVMH Properties, LLC’s VACATION OF UTILITY request to vacate and abandon the public’s interest in an existing 10-EASEMENT-FAIRGROUND foot wide utility easement located on a portion of Lots 1 and 2, ADDITION SUBDIVISION Block 2 of Fairground Addition Subdivision with no conditions. -COUNCIL DECISION (j) Adopt the Council’s decision to grant Scott Briscoe, an individual, EASTPOINTE HILLS the Owner and Developer, his request for approval of the final plat DIVISION 6 to subdivide approximately 8.41 acres into fourteen (14) residential SUBDIVISION-FINAL lots on a parcel of land located on extensions of Eastpointe Drive PLAT and Hallmark Drive, east of Hiline Road, subject to conditions. The property is located within a Residential Medium Density Single Family (RMS) zoning district. A motion was made by Mr. Johnston, seconded by Mr. Cooper, to approve the items on the consent agenda. Upon roll call, those voting in favor were Johnston, Cooper, Brown, Moore, Nye and Orr. AGENDA ITEM NO. 4: Mayor Blad recognized members of Boy Scout Troop 316 in COMMUNICATIONS AND the audience. PROCLAMATIONS Mr. Moore, on behalf of Mayor Blad, declared Pocatello to be a “Purple Heart City” and recognized local Purple Heart Medal recipients. Miguel Dominic and other members of the Military Order of the Purple Heart, accepted the proclamation and presented a “Purple Heart City” plaque and sign to the Mayor and REGULAR CITY COUNCIL MEETING 3 AUGUST 6, 2015 Council members. Mrs. Nye, on behalf of Mayor Blad, read a proclamation recognizing the 50th anniversary of the signing of the Medicare Act. Steve Landon, Idaho Alliance for Retired Americans, accepted the proclamation and thanked Mayor Blad and City Council members for the proclamation. Mr. Brown, on behalf of Mayor Blad, read a proclamation recognizing Farmers Market Week in Pocatello and encouraged citizens to support local farmers who contribute to farmers markets. Ellen Loomis, Portneuf Valley Farmers Market manager, accepted the proclamation and thanked the Mayor and Council for the proclamation. AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the August 13th Study CALENDAR REVIEW Session at 9:00 a.m.; and the August 20th Regular Council meeting at 6:00 p.m. Mayor Blad announced the Element Outfitters Fun Run will be held August 8th, contact Parks and Recreation for more information; the annual ZooFari ice cream event will be held August 8th from 5:00 p.m. to 8:30 p.m. at the Pocatello Zoo; National Check the Chip Day at Animal Services will be August 15th from 10:00 a.m. to 2:00 p.m.; the Community Recreation Center will be closed from August 24, 2015 through September 8, 2015 for annual maintenance. However, business offices will remain open from 8:00 a.m. to 5:00 p.m., Monday through Friday; the candidate filing period opens August 24th at 8:00 a.m. for City Council seats No. 1, 2, and 3 and will close September 4th at 5:00 p.m.; and the “Relight the Night” celebration would be held on Friday, August 7th. AGENDA ITEM NO. 6: Darci Edmondson filed an appeal of the Police Department’s APPEAL OF CHILD decision to suspend her Child Care license. CARE LICENSE SUSPENSION -EDMONDSON Sergeant Tim Dillon, Police Department Support Services Division, gave an overview of the circumstances which led to the suspension of Ms. Edmondson’s child care license. He stated in June 2015, Ms. Edmondson lifted a 4 ½ month old child out of a swing by one arm which caused a spiral fracture to the child’s arm. Mr. Dillon stated no charges were filed against Ms. Edmondson, as the prosecuting attorney found no evidence of intent in the case. Ms. Edmondson was not in attendance at the meeting. A motion was made by Mr. Johnston, seconded by Mr. Orr, to postpone voting upon the proposed appeal by Darci Edmondson until Ms. Edmondson could be in attendance. Upon roll call, those voting in favor were Johnston, Orr, Brown, Cooper, Moore and Nye. AGENDA ITEM NO. 7: This time was set aside for the Council to receive public REGULAR CITY COUNCIL MEETING 4 AUGUST 6, 2015 comments PUBLIC HEARING on the proposed City Budget for Fiscal Year 2016. -PROPOSED FISCAL YEAR 2016 BUDGET Mayor Blad opened the public hearing. Joyce Stroschein, Chief Financial Officer/Treasurer, gave a few introductory comments noting that multiple meetings have been held to inform the Council and citizens of the proposed Fiscal Year 2016 Budget. Ms. Stroschein mentioned the Fiscal Year 2016 budget has been developed without an increase in the number of employees. She added that medical costs have increased 20.7%. Ms. Stroschein stated that Bannock County and the City of Chubbuck have approved employee wage increases of 2% and 3%, respectively. She added that due to late market valuations from Bannock County, an overall decrease of 1.02% in property tax revenue is projected. Ms. Stroschein explained that this time was to review comments and further discussion would take place at the August 13, 2015 Study Session. In response to questions from Council, Ms. Stroschein stated the Fiscal Year 2016 budget process began in February 2015 to receive preliminary information from departments and formulate a budget. Mayor Blad announced no written comments were received. Niki Taysom, 4693 Yellowstone Avenue, Chubbuck, spoke in opposition to the proposal. She shared her opposition to employee benefits, sewage treatment upgrades and TIF districts. Ms. Taysom feels there are many City services which could be serviced by the private sector and not by a government entity. Don Zebe, 465 Berrett Avenue, spoke in opposition to the proposal and shared his concerns regarding property tax increases since 2012. He feels the budget should be cut back to lower the levy rate. Mike Seibert, 1665 Pocatello Creek Road, spoke in opposition to the proposal. He feels property owners are already burdened by property taxes. Kara Jacks, 663 Franklin Avenue, spoke in opposition to the proposal. She feels property owners are weighed down by other financial difficulties and should not have to support a tax increase. In response to citizen comments during the public hearing, Ms. Stroschein explained that the magistrate court imposes fines through the court system and upon prosecution, a portion of the fines collected are sent to the City of Pocatello. She clarified that the WPC upgrade project was mandated by the EPA as part of the wastewater operating license. Ms. Stroschein added that due to changes in legislation and personal property valuation, property tax revenues have dropped and therefore affected the levy rates for citizens. Mr. Orr explained that the retirement system (PERSI) is regulated and overseen by the State of Idaho and not controlled by the City of Pocatello. He thanked citizens for REGULAR CITY COUNCIL MEETING 5 AUGUST 6, 2015 participating and offering their input and encouraged residents to continue to share their ideas and concerns with the Council. Mayor Blad closed the public hearing and announced the Council would be discussing the proposed budget at the August 13, 2015 Study Session. He announced an ordinance would be prepared for consideration at the August 20, 2015 Regular City Council meeting. AGENDA ITEM NO. 8: This time was set aside for the Council to receive comments from PUBLIC HEARING the public concerning an appeal of the Hearing Examiner’s decision APPEAL OF HEARING approving a conditional use permit for an accessory dwelling unit in EXAMINER’S DECISION/ the structure located at 1641 Ruby Street. The decision is being -1641 RUBY STREET appealed by M. Keene Hueftle (mailing address: 1630 Monte Vista Drive, Pocatello, ID 83201), represented by Kenneth E. Lyon Jr. (mailing address: P.O. Box 4866, Pocatello, ID 83205). The applicants for the conditional use permit are Dennis and K.C. Meagher (mailing address: 1687 Homer Drive, Pocatello, ID 83201), represented by Latecia Herzog (mailing address: 125 N. Garfield Avenue, Pocatello, ID 83204). Mayor Blad opened the public hearing. Mayor Blad announced there had been no ex parte communication from the Council. Kenneth E. Lyon, Jr., representing M. Keene Hueftle, gave an overview of the Hearing Examiner’s decision approving a conditional use permit for an accessory dwelling unit at 1641 Ruby Street. He stated Mr. Hueftle is opposed to the decision because he feels the structure should adhere to setback conditions that apply to new construction. Mr. Lyon stated Mr. Hueftle feels the addition to the existing building will trespass upon his property. He shared photographs with the Council of Mr. Hueftle’s property and the existing structure at 1641 Ruby Street. Terri Neu, Assistant Planner, gave an overview of the proposal. She stated the non- conforming lot currently has an existing garage structure and an addition to the structure is allowable under current code. Ms. Neu explained that the conditional use permit is necessary to allow a living unit in the existing garage. She explained that staff recommended upholding the Hearing Examiner’s decision with the following conditions: 1) A deed restriction shall be recorded at the Bannock County Clerk’s office requiring that either the primary unit or the accessory unit be owner occupied (Municipal Code 17.06.100(C)(9)); 2) any required right of way improvement installation and/or repair, such as but not limited to, curb, gutter, sidewalk, street patch back, etc., shall be made in accordance with City Public Works standards; 3) existing healthy trees of an eight inch (8”) caliper or more shall be preserved (Municipal Code 17.05.230); 4) all City standards not specifically exempted or varied by the Council shall be adhered to; and 5) all Building and Fire Code requirements as deemed applicable by the Building Official shall be adhered to. In response to a question from Council, Ms. Neu stated that according to plans submitted for the project, the second story will not overhang and trespass upon adjoining lots. REGULAR CITY COUNCIL MEETING 6 AUGUST 6, 2015 Mayor Blad announced no written correspondence had been received. Latecia Herzog, representing Dennis and K.C. Meagher, spoke in opposition to the proposal. She gave an overview of the property and the permitted uses. She shared photographs regarding the proposed addition to the existing structure and other two- story buildings currently located in the vicinity of the property. Ms. Herzog stated the proposed addition is allowable under the zoning code and the conditional use permit is necessary to allow a living unit in the existing structure. Mr. Lyon stated that the use of the property in question should adhere to current laws and zoning and not according to the original zoning of the lot. In response to questions from Council, Ms. Herzog stated the proposed structure will be built within the required setbacks. She shared diagrams of the area and gave an overview of the dimensions of the structure and the property. Ms. Herzog stated the property owners are intending to build a home and make improvements on the appearance of the lot. In response to questions from Council, Ms. Neu stated the property is considered a legal, non-conforming lot. She added that many properties, mostly from the original townsite, are considered legal, non-conforming. A motion was made by Mr. Brown, seconded by Mr. Johnston, to deny the appeal and uphold the decision of the Hearing Examiner to approve a conditional use permit for an accessory dwelling unit in the structure located at 1641 Ruby Street with conditions and that the decision be set out in appropriate Council decision format. Upon roll call, those voting in favor were Brown, Johnston and Orr. Cooper, Moore and Nye voted in opposition to the motion. Due to a tie in voting, Mayor Blad was required to cast the deciding vote. Mayor Blad voted in favor of the motion. The motion passed. AGENDA ITEM NO. 9: This time was set aside for the Council to receive comments from PUBLIC HEARING the public concerning modifications to Municipal Code 15.20, Sign -MODIFICATIONS TO Code. The proposed changes are editorial, allowing portable signs THE SIGN CODE and changing the location for noticing purposes from the sign location to the property line for off-premise signs. The Planning and Zoning Commission recommended approval of the proposed modifications except for the changes to noticing purposes for off-premises signs at their hearing on June 10, 2015. Mayor Blad opened the public hearing. Terri Neu, Assistant Planner, gave an overview of the proposed modifications and the process through which the sign code modifications were considered. She stated changes were made and definitions were added for clarification. Ms. Neu stated it became necessary to make modifications after many exceptions came before staff REGULAR CITY COUNCIL MEETING 7 AUGUST 6, 2015 regarding the use of portable signs and electronic reader boards. Mayor Blad announced no correspondence had been received. Mike Seibert, 1665 Pocatello Creek Road, spoke uncommitted on the proposal. He feels there are many variables when measuring distance from property lines, as property lines can change. Tony Golsarry, 425 West Maple Street, spoke in opposition to the proposal. He feels it is not appropriate for a government entity to oversee the procedures regarding signs and billboards. Mr. Golsarry feels sign companies should be enacting the guidelines regarding signs. Niki Taysom, 4693 Yellowstone Avenue, Chubbuck, spoke in opposition to the proposal. She feels electronic signs are distracting and make the areas where they are located look cluttered. In response to questions from Council, Mr. Golsarry claimed that individuals associated with the sign industry were not involved in the decision making process. In response to questions from Council, Ms. Neu stated that several meetings were held with various representatives from local sign companies and the Pocatello/Chubbuck Chamber of Commerce. She stated that although a unanimous decision could not be reached regarding the sign regulations, a consensus was reached with many of the sign companies regarding the proposed changes. There being no further public comments, Mayor Blad closed the public hearing and announced the ordinance would be prepared for consideration at the August 20, 2015 Regular City Council meeting. AGENDA ITEM NO. 10: This time was set aside for the Council to receive testimony PUBLIC HEARING regarding the City’s declared intention to convey parcels of property -CONVEYANCE OF previously acquired for Hoku to the Pocatello Development HOKU PROPERTY TO Authority upon acceptance of payment and terms. POCATELLO DEVELOPMENT AUTHORITY Mayor Blad opened the public hearing. Lon Crowell, Planning and Development Services Director and Interim Pocatello Development Authority (PDA) Director, gave an overview of the property and the proposed conveyance. He stated the City of Pocatello purchased the Hoku property in 2007 and soon after formed the North Portneuf Tax Increment Financing (TIF) District. REGULAR CITY COUNCIL MEETING 8 AUGUST 6, 2015 Mr. Crowell explained that the City later purchased additional adjoining properties to allow right-of-way and easements. He outlined the financial information and agreements available regarding past payments between the City and PDA and a proposed payment schedule for the planned conveyance. Mr. Crowell emphasized that Idaho Code allows the City to convey property to PDA. This will allow PDA to market the area instead of putting the property up for auction. A greater return on the property will be received through the marketing process. Mayor Blad announced no correspondence had been received regarding the proposal. Mike Seibert, 1665 Pocatello Creek Road, spoke in support of the proposal. He feels the disposal of the property is complicated and has few opportunities. Mr. Seibert feels it is in the best interest for the City to convey the property to PDA. Niki Taysom, 4693 Yellowstone Avenue, Chubbuck, spoke in opposition to the proposal. She feels TIF districts do not allow enough local control for funding. Mr. Crowell stated TIF districts are driven by a local development authority and are subject to state laws. He added that the only other tool the city has for development would be through a bond, which would not be well received by taxpayers. In response to questions from Council, Mr. Crowell stated that PDA has requested conveyance of the overpass to allow an easement and possible future development. There being no further public comments, Mayor Blad closed the public hearing. A motion was made by Mr. Brown, seconded by Mr. Cooper, to authorize the transfer and conveyance of the Tracts and Parcels of land as set out in the Public Hearing Notice to the Pocatello Development Authority as consideration for the PDA’s payment of funds equal to the costs incurred by the City in obtaining said real property based on the fact that it is in the City’s best interest and is in accordance with Idaho Code Sections 20-1401, 50-1402, and 50-1403(4); and direct City staff to prepare the necessary agreements, ordinance and other documents needed to accomplish said conveyance. Mr. Tranmer clarified that future use of the building would be decided upon by J. H. Kelly, current owner of the building. Mr. Brown’s motion was voted upon at this time. Upon roll call, those voting in favor were Brown, Cooper, Johnston, Moore, Nye and Orr. AGENDA ITEM NO. 11: Council was asked to consider a request from Tanner Hernandez, REVISED SHORT PLAT Prime Time Auctions, Inc. (mailing address: 3400 South 5th Avenue, AND EASEMENT Pocatello, ID 83204) represented by Rocky Mountain Engineering RELOCATION and Surveying, LLC (mailing address: 2043 East Center Street, -PRIME TIME Pocatello, ID 83201) to adjust the lot lines and relocate a utility easement that were depicted on the Short Plat Subdivision that was reviewed and approved by the City Council at their February 5, 2015 meeting. The Council approval for the Short Plat was recorded per Instrument REGULAR CITY COUNCIL MEETING 9 AUGUST 6, 2015 #21502315 and the utility easement is contained in the Council Decision vacating Velton Avenue and Roper Street recorded per Instrument #21502314. A motion was made by Mr. Moore, seconded by Mr. Orr, to approve a request from Tanner Hernandez, Prime Time Auctions, Inc., represented by Rocky Mountain Engineering and Surveying, LLC to adjust the lot lines and relocate a utility easement that were depicted on the Short Plat Subdivision that was reviewed and approved by the City Council at their February 5, 2015 meeting and recorded per Instrument #21502315 and the Council Decision vacating Velton Avenue and Roper Street recorded per Instrument #21502314 and that the decision be set out in appropriate Council decision format. Upon roll call, those voting in favor were Moore, Orr, Brown, Cooper, Johnston and Nye. AGENDA ITEM NO. 12: The Cooperative Wilderness Handicapped Outdoor Group (CW “COUNCIL SELECT” HOG), represented by Bob Ellis (mailing address: 921 South 8th FUNDING REQUEST Avenue, MS 8128, Pocatello, ID 83209-8128), is requesting that -CW HOG “Council Select” funds in the amount of $250.00 be used to help pay for the rental and moving of picnic tables for the 34th Annual CW HOG “Pig-Out” Event planned for September 19, 2015. (As of July 31, 2015 $2,800.00 remained in the “Council Select” fund.) A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve a request by the Cooperative Wilderness Handicapped Outdoor Group (CW HOG), represented by Bob Ellis, that “Council Select” funds in the amount of $250.00 be used to help pay for the rental and moving of picnic tables for the 34th Annual CW HOG “Pig-Out” Event planned for September 19, 2015. Upon roll call, those voting in favor were Moore, Nye, Brown, Cooper, Johnston and Orr. AGENDA ITEM NO. 13: Council was asked to consider adoption of a resolution to confirm RESOLUTION-CONFIRM the commitment of the Child Care Advisory Committee. With THE COMMITMENT OF recent revisions to the Child Care Code adopted on July 16, 2015, THE CHILD CARE the Advisory Committee was removed from the Code. The ADVISORY COMMITTEE Committee has hereby requested to be adopted by Resolution to allow greater flexibility in the pursuit of their mission. A motion was made by Mr. Moore, seconded by Mr. Johnston, to adopt a resolution (2015-10) to confirm the commitment of the Child Care Advisory Committee to allow greater flexibility in the pursuit of their mission. Upon roll call, those voting in favor were Moore, Johnston, Brown, Cooper, Nye and Orr. AGENDA ITEM NO. 14: Council was asked to consider the following requests related to the 2ND ANNUAL SPLASH 2nd Annual Splash Dance For Dogs fundraiser for the Pocatello DANCE FOR DOGS AT Animal Shelter. The event will be held in the Ross Park Aquatic ROSS PARK AQUATIC Complex (RPAC) on Saturday, September 19, 2015. COMPLEX REQUESTS WAIVE POOL a) Waive the pool rental fee of $350.00 per hour and entry REGULAR CITY COUNCIL MEETING 10 AUGUST 6, 2015 fee of $1.50; RENTAL FEE and EXCEPTION TO b) Exception to City Codes in order to allow dogs in the RPAC and CITY CODE Ross during the event. ALLOW DOGS A motion was made by Mrs. Nye, seconded by Mr. Orr, to approve Agenda Item Nos. 14(a) and 14(b) related to the 2nd Annual Splash Dance For Dogs fundraiser for the Pocatello Animal Shelter to be held in the Ross Park Aquatic Complex (RPAC) on Saturday, September 19, 2015. Upon roll call, those voting in favor were Nye, Orr, Brown, Cooper, Johnston and Moore. AGENDA ITEM NO. 15: 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 $6,965.00 for services at the airport. The agreement is for an WITH T-O ENGINEERS environmental analysis required by FAA in order to release portions FOR ENVIRONMENTAL of airport property from the Airport Layout Plan. ANALYSIS Funding for the agreement will be provided by the Pocatello Development Authority or Planning and Development Services. A motion was made by Mr. Orr, seconded by Mr. Cooper, to approve and authorize the Mayor to sign a professional services agreement with T-O Engineers in the amount of $6,965.00 for services at the airport for an environmental analysis required by FAA in order to release portions of airport property from the Airport Layout Plan. Upon roll call, those voting in favor were Orr, Cooper, Brown, Johnston, Moore and Nye. AGENDA ITEM NO. 16: Council was asked to consider a request from Pocatello Firefighters EXCEPTION REQUEST Local 187 for an exception to ordinances or laws that would prevent 2015 “FILL THE BOOT” the group from gathering funds, for the Muscular Dystrophy FUNDRAISER Association “Fill the Boot” Fundraiser, on the public rights-of-way at the following intersections: East Oak and Jefferson Avenue; Hiline Road and El Rancho Boulevard; and South 8th Avenue and Martin Luther King Way from 10:00 a.m. to 6:00 p.m. on September 12, 2015. Mayor Blad clarified that the request for an exception at the intersection at South 8th Avenue and Martin Luther King Way had been changed to the intersection of South 8th Avenue and Carter Street. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve a request from Pocatello Firefighters Local 187 for an exception to ordinances or laws that would prevent the group from gathering funds, for the Muscular Dystrophy Association “Fill the Boot” Fundraiser, on the public rights-of-way at the intersections of East Oak and Jefferson Avenue; Hiline Road and El Rancho Boulevard; and South 8th Avenue and Carter Street from 10:00 a.m. to 6:00 p.m. on September 12, 2015. Upon roll call, those voting in favor were Moore, Nye, Brown, Cooper, Johnston and Orr. REGULAR CITY COUNCIL MEETING 11 AUGUST 6, 2015 Mr. Moore thanked the Fire Department members for their participation and encouraged citizens to participate in the “Fill the Boot” fundraiser benefitting the Muscular Dystrophy Association. AGENDA ITEM NO. 17: Council was asked to consider the following ordinances: ORDINANCES VACATION OF (a) An ordinance vacating the public’s interest in the platted 10-foot UTILITY EASEMENT wide utility easement located on portions of Lots 1 and 2, Block 2, -BVMH PROPERTIES, LLC Fairground addition Subdivision, measuring approximately 1,298.10 feet, and grant conveyance of said vacated utility easement in its entirety to the applicant property owner, BVMH Properties, LLC. Said vacation was approved by Council Decision dated August 6, 2015. A motion was made by Mrs. Nye, seconded by Mr. Moore, that the ordinance, Agenda Item No. 17(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, Moore, Brown, Cooper, Johnston and Orr. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance vacating the public’s interest in the platted 10-foot wide utility easement located on portions of Lots 1 and 2, Block 2, Fairground Addition Subdivision, measuring approximately 1,298.10 feet, and grant conveyance of said vacated utility easement in its entirety to the applicant property owner, BVMH Properties, LLC as approved by Council Decision dated August 6, 2015. Mayor Blad asked “Shall the ordinance pass?” Upon roll call, those voting in favor were Brown, Cooper, Johnston, Moore, Nye and Orr. Mayor Blad declared the ordinance and summary sheet passed, that it be numbered 2953 and be submitted to the Idaho State Journal for publication. VACATION OF (b) An ordinance vacating the public’s interest in the platted 20-foot ACCESS EASEMENT wide access easement located on portions of Lots 8 and 9, Block 1, -BFBB, LLC. Iron Eagle Estates Division 1 subdivision, and grant conveyance of said vacated access easement in its entirety to the applicant property owner, BFBB, LLC. Said vacation was approved by Council Decision dated July 2, 2015. A motion was made by Mr. Moore, seconded by Mr. Cooper, that the ordinance, Agenda Item No. 17(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, Cooper, Brown, Johnston, Nye and Orr. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance vacating the public’s interest in the platted 20-foot wide access easement located on portions of Lots 8 and 9, Block 1, Iron Eagle Estates Division 1 subdivision, and grant conveyance of said vacated REGULAR CITY COUNCIL MEETING 12 AUGUST 6, 2015 access easement in its entirety to the applicant property owner, BFBB, LLC as approved by Council Decision dated July 2, 2015. Mayor Blad asked “Shall the ordinance pass?” Upon roll call, those voting in favor were Brown, Cooper, Johnston, Moore, Nye and Orr. Mayor Blad declared the ordinance and summary sheet passed, that it be numbered 2954 and be submitted to the Idaho State Journal for publication. AGENDA ITEM NO. 18: Niki Taysom, 4693 Yellowstone Avenue, Chubbuck, shared DISCUSSION ITEMS her concerns regarding government programs, TIF districts, EPA requirements and public display of the confederate flag. Paul Schmidtlein, 303 South 10th Avenue, shared his support for law enforcement officers and encouraged the Council to consider equipping City police officers with body cameras. He feels the added equipment would benefit the officers and the citizens. Jan Neish, 1624 North Arthur Avenue, shared her concerns regarding ADA accessibility on city sidewalks and sidewalks in need of repairs. She feels the requirement to have a licensed contractor perform work on city right-of-way, such as sidewalks, puts an undue expense on homeowners. Ms. Neish stated she will continue to work with City departments and other agencies to improve accessibility for citizens with disabilities. There being no further business, Mayor Blad adjourned the meeting at 8:41 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK