City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING AUGUST 20, 2015 CLARIFICATION The City Council Agenda Clarification Meeting was called MEETING to order at 5:30 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. by ROLL CALL AND Mayor Brian Blad. Council members present were Steve Brown, PLEDGE OF Craig Cooper, Jim Johnston, Gary Moore, Eva Johnson Nye and ALLEGIANCE Michael L. Orr. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was offered by Senior Pastor Mike Popovich, First INVOCATION Baptist Church. 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 July 9, 2015 Study Session and August 6, 2015 Executive Session. -TREASURER’S (b) Treasurer’s Report for July, showing cash and investments as of July REPORT 31, 2015 in the amount of $54,303,963.19. -CHILD CARE (c) Confirm the Mayor’s appointment of Hanna Geshelin to serve as a ADVISORY member of the Child Care Advisory Committee, replacing Meg COMMITTEE Kennedy who resigned. Ms. Geshelin’s term will begin August 21, APPOINTMENT 2015 and will expire March 2, 2016. -PARKS AND (d) Mayor Blad announced Agenda Item No. 3(d), confirming the RECREATION Mayor’s appointment of Amy Vargason to serve on the Parks and ADVISORY BOARD Recreation Advisory Board, was pulled at the request of the APPOINTMENT applicant. -SISTER CITIES (e) Confirm the Mayor’s appointment of Tony McLaughlin to serve as a COMMITTEE member of the Japanese Sister Cities Subcommittee filling a long-APPOINTMENT term vacancy. Mr. McLaughlin’s term will begin August 21, 2015 and will expire January 3, 2018. REGULAR CITY COUNCIL MEETING 2 AUGUST 20, 2015 -MUTUAL AID (f) Authorize the Mayor to enter into a Mutual Aid Agreement with the AGREEMENT WITH Pocatello Women’s Correctional Center wherein the parties will POCATELLO WOMEN’S provide assistance to each other for law enforcement, protection, CORRECTIONAL and control in the case of emergency, catastrophe, or when the need CENTER-EMERGENCY may arise. The term is for three years and there is no cost to the ASSISTANCE City. -CAREER (g) Council was asked to approve an agreement with School District 25 DEVELOPMENT and the Pocatello Zoo and Animal Services Departments allowing PROGRAM AGREEMENT students to work in their departments during the 2015 Fall school -SCHOOL DISTRICT 25 semester. This annual contract allows current year students to participate in the program. -RATIFICATION (h) Ratify the Council’s decision to accept the recommendation of staff -PIGGY BACK BID to piggy-back on a State of Idaho bid to purchase a 2015 Chevrolet PURCHASE FOR Silverado from The Smith Group for a final purchase price of ENGINEERING $24,340.00. The final purchase price reflects the $1,500.00 trade-in VEHICLE allowance of a 1999 Chevrolet Suburban. -COUNCIL DECISION (i) Adopt the Council’s decision to grant Prime Time Auctions, Inc., its –PRIME TIME request for amending the final short plat consisting of lot line SUBDIVISION REVISED reconfiguration and the relocation of the utility easement for the FINAL SHORT PLAT Prime Time Subdivision. AND UTILITY EASEMENT RELOCATION A motion was made by Mr. Moore, seconded by Mr. Johnston, to approve Agenda Item Nos. 3(a) through 3(c) and 3(e) through 3(i) on the consent agenda. Upon roll call, those voting in favor were Moore, Johnston, Brown, Cooper, Nye and Orr. AGENDA ITEM NO. 4: Mayor Blad announced there were no communications or COMMUNICATIONS proclamations and welcomed Boy Scouts from Troop No. 320. AND PROCLAMATIONS AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the Budget Restructuring CALENDAR REVIEW Meeting on September 3rd at 9:00 a.m.; the September 3rd Regular Council meeting at 6:00 p.m.; and the September 10th Study Session at 9:00 a.m. Mayor Blad announced the Welcome Back Orange & Black event would be held on August 24th in Old Town Pocatello; the candidate filing period opens August 24th at 8:00 REGULAR CITY COUNCIL MEETING 3 AUGUST 20, 2015 a.m. for Council Seats No. 1, 2 and 3 and will close September 4th at 5:00 p.m.; the Community Recreation Center will remain closed for annual maintenance through September 8, 2014. However, business offices will remain open from 8:00 a.m. to 5:00 p.m., Monday through Friday; Ross Park Aquatic Complex hours will change to coincide with the start of area schools and the Complex’s last day of the season will be September 7th; and Ross Park Aquatic Complex Family Night will be held August 29th from 5:00 p.m. to 8:00 p.m. with admissions 50% off. Mayor Blad reminded citizens that school will be starting again soon and to slow down in school zones. AGENDA ITEM NO. 6: Council was asked to consider the following ordinances: BUDGET YEAR 2016 (a) The Annual Appropriations ordinance for Budget Year 2016. APPROPRIATIONS A motion was made by Mr. Johnston, seconded by Mr. Cooper, that the ordinance, Agenda Item 6(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 Johnston, Cooper, Brown, Moore, Nye and Orr. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance approving the Annual Appropriations for Budget Year 2016. 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 passed, that it be numbered 2955 and be submitted to the Idaho State Journal for publication. IDAHO POWER (b) Execute an Idaho Power Company Franchise Agreement via FRANCHISE ordinance adoption to construct, maintain and operate in and upon AGREEMENT the present and future streets, highways and other public places within the corporate limits of the City for a term of twenty (20) years beginning October 1, 2015 to September 30, 2035. A motion was made by Mr. Johnston, seconded by Mr. Cooper, that the ordinance, Agenda Item 6(b), 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 Johnston, Cooper, Brown, Moore, Nye and Orr. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance executing an Idaho Power Company Franchise Agreement to construct, maintain and operate in and upon the present and future streets, highways and other public places within the corporate limits of the City for a term of twenty (20) years beginning October 1, 2015 to September 30, 2035. 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 passed, that it be numbered 2956 and be submitted to the Idaho State Journal REGULAR CITY COUNCIL MEETING 4 AUGUST 20, 2015 for publication. AGENDA ITEM NO. 7: Council was asked to adopt a resolution with exhibits (a) through FISCAL YEAR 2016 (z) setting fees for Fiscal Year 2016 (October 1, 2015 through DEPARTMENTAL FEE September 30, 2016). The exhibits are: RESOLUTION a) POCATELLO REGIONAL AIRPORT FEES b) ALCOHOL BEVERAGE LICENSES FEES c) ANIMAL CONTROL SERVICES FEES d) BUSINESS LICENSURE FEES e) CEMETERY FEES f) CHILDREN’S GROUP TREATMENT CENTER FEES g) COMMERCIAL ACTIVITIES IN PARKS AND OTHER PUBLIC PLACES FEES h) CONSTRUCTION TRADES FEES i) CHILD CARE LICENSURE FEES j) DEVELOPMENT REIMBURSEMENT FEES k) ENGINEERING REVIEW SERVICES FEES l) FIRE DEPARTMENT FEES m) GEOGRAPHIC INFORMATION SERVICES FEE n) PARKS AND RECREATION ACTIVITIES PROGRAM, RENTAL, AND ADMISSION FEES o) PARKS AND RECREATION FACILITY USE FEES p) PLANNING AND DEVELOPMENT SERVICES FEES q) POLICE DEPARTMENT FEES r) PUBLIC RECORD FEES s) SANITATION DEPARTMENT FEES t) CONSTRUCTION SITE SEDIMENT AND EROSION CONTROL FEES REGULAR CITY COUNCIL MEETING 5 AUGUST 20, 2015 u) POCATELLO REGIONAL TRANSIT SYSTEM FEES v) UTILITY BILLING DEPARTMENT FEES w) VIDEO SERVICES FEES x) WATER DEPARTMENT FEES y) WATER POLLUTION CONTROL DEPARTMENT FEES z) ZOO PROGRAM FEES, RENTAL AND ADMISSION FEES A motion was made by Mr. Moore, seconded by Mr. Brown, to adopt a resolution (2015- 11) setting fees for Fiscal Year 2016 (October 1, 2015 through September 30, 2016) as outlined in Agenda Item No 7(a) through 7(z). Upon roll call, those voting in favor were Moore, Brown, Cooper, Johnston and Nye. Orr voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 8: Darci Edmonson was present to appeal the Police Department’s APPEAL OF CHILD decision to suspend her Child Care license. This item was originally CARE LICENSE scheduled for August 6, 2015. SUSPENSION -EDMONDSON Sergeant Tim Dillon, Police Support Services, gave an overview of the events which led to the suspension of Ms. Edmonson’s Child Care license. He stated in June 2015, a 4 ½ month old child received a fracture to the upper arm while under the care of Darci Edmondson. Mr. Dillon added that after a complete investigation, no charges were filed against Ms. Edmondson. Darci Edmondson stated that she has worked as a Child Care provider since November 2013 and during that time she has worked primarily with infants up to age 18 months. She added that the incident in June 2015 was an unintentional accident. Ms. Edmondson added that she is currently enrolled in the early childhood program at Idaho State University. She stated she no longer works with the infants and is working with the Idaho STARS project to continue her child care training to ensure quality care. Carma Reader, Ms. Edmondson’s employer and daycare director, stated Ms. Edmondson is an excellent employee and it was unfortunate that the accident occurred while the child was at the daycare. A motion was made by Mr. Moore, seconded by Mr. Johnston, to approve the appeal by Darci Edmonson to reinstate her Child Care license. Upon roll call, those voting in favor were Moore, Johnston, Brown, Cooper, Nye and Orr. AGENDA ITEM NO. 9: Council was asked to consider a request from Ray Owsley (mailing TEMPORARY STREET address: 136 Teakwood, Pocatello ID 83204) for a temporary street CLOSURE AND OPEN closure and waiver of the open container ordinance to allow alcohol CONTAINER WAIVER REGULAR CITY COUNCIL MEETING 6 AUGUST 20, 2015 to be consumed in the 200 block of West Fremont for a fundraising REQUEST-OWSLEY event on August 22, 2015 from 2:00 p.m. to 11:00 p.m. If the open container ordinance is waived it should be contingent upon the applicant meeting Police Department requirements; purchasing appropriate permits; and providing insurance naming the City as an additional insured. Mr. Owsley would also like an exception to City Code to allow bands to play until 10:45 p.m. during the event. Ray Owsley, 136 Teakwood, stated a benefit is planned to raise funds for a friend in need. He emphasized that adequate security has been arranged to monitor participants and ensure the safety of those in attendance. Mr. Owsley stated the required permits and insurance have been obtained. A motion was made by Mr. Moore, seconded by Mr. Cooper, to approve a request from Ray Owsley for a temporary street closure and waiver of the open container ordinance to allow alcohol to be consumed in the 200 block of West Fremont for a fundraising event on August 22, 2015 from 2:00 p.m. to 11:00 p.m. and that open container ordinance waiver in the 200 block of West Fremont for a fundraising event on August 22, 2015 from 2:00 p.m. to 11:00 p.m. and allow band to play until 10:45 p.m. during the event and that the following conditions shall apply: 1) applicant will meet Police Department requirements; 2) applicant will purchase appropriate permits; and 3) applicant shall provide insurance naming the City as an additional insured. Upon roll call, those voting in favor were Moore, Cooper, Brown, Johnston, Nye and Orr. AGENDA ITEM NO. 10: Council was asked to clarify the preferred recommendation COUNCIL regarding amendments to the Sign Code Ordinance as presented at CLARIFICATION-SIGN the August 6, 2015 Regular Council meeting. The presentation CODE ORDINANCE included City Planning Department recommendations and Planning AMENDMENTS and Zoning Commission recommendations. Upon Council clarification, an ordinance will be prepared and placed on the next available Regular Council meeting. Terri Neu, Assistant Planner, stated the Sign Code Ordinance was presented to the Council on August 6, 2015. At that time, staff recommended changing noticing measurement requirements for off-premise billboard signs to be measured from the property line. The Planning and Zoning Commission recommended the Sign Code remain the same and that the noticing measurement requirements be measured from the pole. She added that other land use regulations, as set by state code, including sign exceptions, are measured from the property line. A motion was made by Mr. Johnston, seconded by Mrs. Nye, to accept staff recommendations regarding amendments to the Sign Code Ordinance as presented at the August 6, 2015 Regular Council meeting. In response to a question from Mr. Orr, Ms. Neu clarified the requirements for noticing property owners regarding sign use is set by State Code. REGULAR CITY COUNCIL MEETING 7 AUGUST 20, 2015 Mr. Johnston’s motion was voted upon at this time. Upon roll call, those voting in favor were Johnston, Nye, Brown and Moore. Cooper and Orr voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 11: Council was asked to authorize the Mayor’s signature on an INTERAGENCY Interagency Agreement with Bannock County, City of Chubbuck, AGREEMENT-PORTNEUF and Idaho Fish and Game for cooperation for the advancement and HEALTH TRUST success of the Portneuf Health Trust Wellness Complex. There is WELLNESS COMPLEX no cost to the City and this will be an “umbrella agreement” by which future Memorandum of Understandings may be executed among the Parties. A motion was made by Mr. Johnston, seconded by Mr. Brown, to authorize the Mayor’s signature on an Interagency Agreement with Bannock County, City of Chubbuck and Idaho Fish and Game for cooperation for the advancement and success of the Portneuf Health Trust Wellness Complex and that it shall be an “umbrella agreement” by which future Memorandum of Understandings may be executed among the Parties and that there will be no cost to the City. Upon roll call, those voting in favor were Johnston, Brown, Cooper, Moore, Nye and Orr. AGENDA ITEM NO. 12: Council was asked to approve the Cost Allocation Plan for Pocatello COST ALLOCATION Regional Transit (PRT). This plan allows PRT to be in compliance PLAN-POCATELLO with Federal Transit Administration and Idaho Transportation REGIONAL TRANSIT Department requirements to receive Grant funds. A motion was made by Mrs. Nye, seconded by Mr. Johnston, to approve the Cost Allocation Plan for Pocatello Regional Transit (PRT) to allow PRT to be in compliance with Federal Transit Administration and Idaho Transportation Department requirements to receive Grant funds. Upon roll call, those voting in favor were Nye, Johnston, Brown and Moore. Cooper and Orr voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 13: Council was asked to approve a request from Team Sports to enter TEAM SPORTS MOU into a Memorandum of Understanding (MOU) with Utah Junior -UTAH JUNIOR JAZZ Jazz beginning with the 2015-2016 Youth Basketball Program. A motion was made by Mr. Orr, seconded by Mr. Cooper, to approve a request from Team Sports to enter into a Memorandum of Understanding (MOU) with Utah Junior Jazz beginning with the 2015-2016 Youth Basketball Program. Upon roll call, those voting in favor were Orr, Cooper, Brown, Johnston, Moore and Nye. AGENDA ITEM NO. 14: Council was asked to consider a request from Portneuf Rotary Club BORN LEARNING to install a Born Learning Trail at Raymond Park. The Portneuf TRAIL PROJECT Rotary Club has secured a Rotary District grant and assistance from -RAYMOND PARK United Way to pay for trail materials, and will provide all volunteer labor needed for installation and on-going maintenance. There will be no cost to the City. Kim Carlino, Portneuf Rotary, gave an overview of the proposed trail program. She REGULAR CITY COUNCIL MEETING 8 AUGUST 20, 2015 emphasized that the installation and maintenance will be provided by Rotary Club volunteers. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve a request from Portneuf Rotary Club to install a Born Learning Trail at Raymond Park and that the Portneuf Rotary Club, through a Rotary District grant and assistance from United Way, will pay for trail materials and provide all volunteer labor needed for installation and on- going maintenance and that there will be no cost to the City. Upon roll call, those voting in favor were Moore, Nye, Brown, Cooper, Johnston and Orr. AGENDA ITEM NO. 15: Council was asked to consider a Use Agreement with Idaho State HALLIWELL BALLFIELD University (ISU) Baseball Club for use of Halliwell Ballfield for their USE AGREEMENT-ISU Fall 2015 and Spring 2016 baseball programs for ISU students. ISU BASEBALL CLUB will be required to pay applicable field rental and lighting fees and provide the required liability insurance, naming the City as an additional insured. They will also be responsible for field maintenance and cleaning the facilities after use. A motion was made by Mrs. Nye, seconded by Mr. Cooper, to approve a Use Agreement with Idaho State University (ISU) Baseball Club for use of Halliwell Ballfield for their Fall 2015 and Spring 2016 baseball programs for ISU students and that ISU is required to: a) pay applicable field rental and lighting fees; b) provide required liability insurance, naming the City as an additional insured; and c) be responsible for field maintenance and cleaning the facilities after use. Upon roll call, those voting in favor were Nye, Cooper, Brown, Johnston, Moore and Orr. AGENDA ITEM NO. 16: Council was asked to permit the Police Department to apply and TSA REIMBURSEMENT participate in the Transportation Security Administration (TSA) Law APPLICATION-POLICE Enforcement Officer Reimbursement Program, subject to Legal Department review. The program provides partial reimbursement for the cost of assigning officers to the TSA screen checkpoint at the Pocatello Airport during screening operations for departing flights. In response to questions from Council, David Allen, Airport Manager, shared several cost saving benefits of using the Pocatello Airport for travel. Mr. Allen suggested travelers consult with a travel agent to help locate the least expensive travel options. A motion was made by Mr. Orr, seconded by Mr. Brown, to permit the Police Department to apply and participate in the Transportation Security Administration (TSA) Law Enforcement Officer Reimbursement Program, subject to Legal Department review. Upon roll call, those voting in favor were Orr, Brown, Cooper, Johnston, Moore and Nye. AGENDA ITEM NO. 17: Council was asked to approve and authorize the Mayor to sign the CAR RENTAL LEASE following lease agreements for property at the Airport: AGREEMENTS-AIRPORT AVIS RENT A CAR a) approximately 114 square feet of terminal counter space and 71.25 TERMINAL AND square feet of terminal office space, as well as 12 spaces in the rental PARKING SPACE car parking lot for REGULAR CITY COUNCIL MEETING 9 AUGUST 20, 2015 operation of Avis Car Rental Agency; BUDGET RENT A CAR b) approximately 114 square feet of terminal counter space and 71.25 TERMINAL AND square feet of terminal office space, as well as 12 spaces in the rental PARKING SPACE car parking lot for operation of Budget Car Rental Agency; ENTERPRISE c) approximately 114 square feet of terminal counter and 71.25 square RENT-A-CAR feet of office space, as well as 12 spaces in the rental car parking lot TERMINAL AND for operations of Enterprise Rent-A-Car; PARKING SPACE AVIS CAR RENTAL d) 26,125 square feet of property, including common area, public space, SERVICE AREA and access, for operation of a vehicle service area for Avis Car Rental Agency; BUDGET CAR e) 26,125 square feet of property, including common area, public space, RENTAL AGENCY and access, for operation of a vehicle service area for Budget Car SERVICE AREA Rental Agency; and ENTERPRISE f) 26,125 square feet of property, including common area, public space, RENT-A-CAR and access, for operation of a vehicle service area for Enterprise SERVICE AREA Rent-A-Car. In response to a question from Council, David Allen, Airport Manager, stated the Airport is able to sustain three rental car agencies. He added that five proposals were submitted and the top three proposals were chosen. A motion was made by Mr. Brown, seconded by Mrs. Nye, to approve Agenda Item No. 17(a) through 17(f) related to property at the Airport. Upon roll call, those voting in favor were Brown, Nye, Cooper, Johnston, Moore and Orr. AGENDA ITEM NO. 18: Niki Taysom, 4693 Yellowstone, Chubbuck, shared her concerns DISCUSSION ITEMS regarding child care and safety of children. Gail Batterton, 1617 Calico Circle, shared her concerns regarding a planned events center near her home. Mayor Blad informed Ms. Batterton that a public hearing would be held by the Planning and Zoning Commission regarding the proposed events center. He encouraged her to share her concerns and ask questions of the applicant at that time. There being no further business, Mayor Blad adjourned the meeting at 7:09 p.m. APPROVED: REGULAR CITY COUNCIL MEETING 10 AUGUST 20, 2015 BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK