City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2015 CLARIFICATION The City Council Agenda Clarification Meeting was called to order MEETING at 5:33 p.m. by Mayor Brian Blad. Council members present were Steve Brown, Craig Cooper, Jim Johnston, Gary Moore, Eva 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 6:03 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 Pastor Jacqueline Thomas, Praise INVOCATION Temple of God. 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 and Regular Council meetings of August 6 and August 20, 2015. -TREASURER’S (b) Consider the Treasurer’s Report for August 2015 showing cash and REPORT investments as of August 31, 2015 in the amount of $51,277,933.26. In response to questions from Council, Brody Fitch, City Accountant, noted that franchise fee trends are tracked by the Finance Department. Mr. Orr stated that he believes the downward trend of cable franchise fee revenue will continue as the cable technology becomes obsolete. Mayor Blad stated that he believes the cable franchise fee revenue will likely continue in its current downward trend, but does not believe that will be the case with the state liquor tax revenues. -ACCEPTANCE OF (c) Council was asked to grant the Animal Services Department DONATION FROM permission to accept an unexpected $1,500.00 donation from PURINA CAT CHOW Purina Cat Chow for the cat adoption program to be accepted -ANIMAL SERVICES and applied to Animal Services’ Fiscal Year 2015 budget. -ANNUAL CERTIFIED (d) Council was asked to authorize submission of the Fiscal Year 2016 LOCAL GOVERNMENT Certified Local Government grant application to the Idaho State GRANT APPLICATION Historic Preservation Office. This year’s application is in -PLANNING the amount of $5,500.00. A work program for this year includes $500.00 for Commission and staff training and $5,000.00 for a reconnaissance survey of the Railroad Neighborhood. Council was also asked to authorize the Mayor’s REGULAR CITY COUNCIL MEETING 2 SEPTEMBER 17, 2015 signature on the grant contract, if awarded, and any related subcontracts or documents, subject to Legal Department review. -COUNCIL DECISION (e) Adopt the Council’s decision approving Courtesy Ford’s, an Idaho -COURTESY FORD, Corporation, request for an exception to place a new 144 square HEARING APPEAL OF foot sign on Flandro Drive, subject to conditions. EXAMINER’S DENIAL OF SIGN EXCEPTION REQUEST COUNCIL DECISION (f) Adopt the Council’s decision to grant an exception to the parking -B & G DEVELOPMENT, standards in Pocatello Municipal Code §17.05.500 to allow B & G LLC’S REQUEST FOR Development, LLC to continue with the existing parking variance in PARKING VARIANCE place at 470 West Oak Street and allow other types of businesses AT 470 WEST OAK STREET rather than only furniture stores, subject to conditions. -COUNCIL DECISION (g) Adopt the Council’s decision to grant Land Quest Development, -BREEZY APARTMENTS Inc., an Idaho Corporation, as Owner and Developer, its request for SUBDIVISION FINAL PLAT approval of the final plat to subdivide approximately 3.72 acres into twenty-three (23) lots, 18 being high density residential lots for 4- plex units, 4 common lots, and 1 lot being dedicated to the City for public Right-of-Way on a parcel of land located ¼ mile east of Philbin Road and south of West Quinn Road, subject to conditions. The property is zoned Residential-Commercial-Professional (RCP) which allows multi-family units subject to Residential High density development standards. A motion was made by Mr. Moore, seconded by Mr. Johnston, to approve the items on the consent agenda. Upon roll call, those voting in favor were Moore, Johnston, Brown, Cooper, Nye and Orr. AGENDA ITEM NO. 4: Mr. Cooper, on behalf of Mayor Blad; Chubbuck Mayor Kevin COMMUNICATIONS England; and Bannock County Commissioners Howard Manwaring, AND PROCLAMATIONS Steven Hadley, and Karl E. Anderson; proclaimed September 21 through September 27, 2015 to be Kind Community Week and encouraged citizens to be more than bystanders when it comes to kindness and to make the choice every day to be kind and integrate kindness into their daily lives. Courtney Fisher, Billie Johnson and Rainbow Maldonado accepted the proclamation. Ms. Fisher thanked the Mayor and Council for recognizing the timeless and essential element of kindness and the way it generates connections between people to create a tight-knit community. She also extended an invitation to all members of the community to attend the Kindness Week Kickoff to be held at the Portneuf Wellness Complex, September 21st at 5:30 p.m. Melissa Nelson, Mrs. Pocatello, also accepted the proclamation. She spoke of her goal to inspire all the children in Pocatello to be kind to others, and thanked the individuals and businesses that have supported the Kindness Week campaign. Mrs. Nelson explained that she has raised funds to provide as many t-shirts as possible to elementary school children to wear the third Thursday of each month, Kindness Day, as part of the campaign to promote kindness throughout the year. AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the October 1st Budget CALENDAR REVIEW Restructuring Meeting at 9:00 a.m.; the October 1st Regular Council meeting at 6:00 p.m.; and the October 8th Study Session at 9:00 a.m. REGULAR CITY COUNCIL MEETING 3 SEPTEMBER 17, 2015 Mayor Blad announced a Second Annual Splash Dance for Dogs is scheduled for September 19th from 11:00 a.m. to 4:00 p.m., at the Ross Park Aquatic Complex; the Cooperative Wilderness Handicapped Outdoors Group (CW Hog) 34th Annual Pig-Out dinner and picnic is scheduled for September 19th at 4:00 p.m., in lower Ross Park; and the Pocatello Community Emergency Preparedness Fair is scheduled for September 22nd from 3:00 p.m. to 8:00 p.m., at the Museum of Clean located at 711 South 2nd Avenue. Mayor Blad wished good luck to all the area high school football teams and the Idaho State University football team. AGENDA ITEM NO. 6: This time was set aside for the Council to receive comments from PUBLIC HEARING the public concerning a request from Charles Buerstatte of Grace -GRACE EVANGELICAL Evangelical Lutheran Church (mailing address: 1350 Baldy Avenue LUTHERAN CHURCH Avenue, Pocatello ID 83201) to rezone, by contract, approximately CONTRACT REZONE 8.69 acres of land located west of 1350 Baldy Avenue Avenue and east of Interstate 15. The property is located in a Residential Commercial Professional (RCP) zoning district and the request is to rezone to a Commercial General (CG) zoning district by contract rezone for a “Major Event Entertainment” use for the Pocatello- Chubbuck Auditorium District Events Center (PCADEC).” The Planning and Zoning Commission held public hearings on July 22 and August 26, 2015 and recommended approval of the request with conditions. Mr. Orr stated he had had ex parte contact with his nephew who lives in the area, but no other ex parte contact. Mayor Blad announced there had been no other ex parte communication. Mayor Blad opened the public hearing. Jonathon Dinger, Pastor of Grace Lutheran Church, stated that the PCADEC is the realization of a dream many in the community share and there is a great deal of excitement surrounding this project. In response to questions from Council, Pastor Dinger stated that the current ground movement in the area of the proposed events center is related only to the construction of the Grace Lutheran High School and that no construction has begun on the PCADEC. Matthew Lewis, Planning Division Manager, stated that the property is located west of Baldy Avenue and east of Interstate 15, consisting of approximately 8.69 acres of undeveloped land. He added that the City Comprehensive Plan designation for the property is “Mixed-use”, which would remain unchanged through the contract zoning agreement process. Mr. Lewis noted that the applicant is requesting that a 40,620 square foot event center with a seating capacity of 1,600 people, which will be leased for use by the Pocatello-Chubbuck Auditorium District (PCAD), be developed on the property with the intent that it serve as a venue for athletic events, conventions, concerts, trade shows, exhibits and other community events. He stated that based on the description of intended uses, the PCADEC is classified as a “Major Event Entertainment” use, per zoning ordinance definitions, which is a conditional use in the Commercial General (CG) zone district, but is not listed as a permitted or conditional use in the existing Residential Commercial Professional (RCP) district; therefore, the applicant is requesting to rezone the subject property by contract agreement to allow the major event entertainment use. Mr. Lewis stated that based on staff review of the applicant’s proposal, it was determined that a straight rezoning from RCP to CG at this location would not be appropriate given the wide variety of permitted commercial uses that could potentially have an incompatible impact on adjacent RCP zoned properties. He explained that a straight rezone of the property to CG would require an amendment to the REGULAR CITY COUNCIL MEETING 4 SEPTEMBER 17, 2015 Comprehensive Plan Map designation from “Mixed-use” to “Commercial”. Mr. Lewis noted that the applicant has requested a specific project with specific uses, which were deemed appropriate for the contract zoning agreement process. Mr. Lewis stated that an events center with a capacity of 1,600 requires 400 parking spaces and the site plan for the PCADEC shows 251 on-site parking spaces and an available 191 shared parking spaces at Grace Lutheran School for a total of 442 parking spaces. He also noted that access to the property is provided at Baldy Avenue, a public street, as well as “Way to Grace”, a private street that connects with “Hospitality Way”, another private street, which connects to Bench Road, a public street. Mr. Lewis noted that a detailed traffic analysis is typically required in conjunction with a building permit application in order to assess potential impact. Mr. Lewis stated that the Planning & Zoning Commission (P&ZC) held a public hearing for the application July 22, 2015 wherein a unanimous vote approve the request was recorded; however, it was later determined that the applicant failed to serve notices of the hearing to all the appropriate addresses to allow the nearby land owners the opportunity for public comment on the application. He added that the P&ZC held a new public hearing August 26, 2015, which resulted in a unanimous approval of the request to rezone by contract agreement. Staff recommended approval of the request with the following conditions: 1) The Commercial General zone district sign regulations are applicable to the west building elevation facing Interstate 15. All other signage shall comply with RCP zone standards; 2) All other applicable RCP zone development and use standards shall continue to apply to the subject property; 3) Any activity requiring a separate development or building permit shall comply with applicable regulations; and 4) All other standards and conditions of Pocatello Municipal Code not herein addressed, but applicable, shall apply. In response to questions from Council, Mr. Lewis stated that the private road, Way to Grace, does not meet City standards for width and curb and sidewalk, but that there has been discussion with the Engineering Department that indicates there could likely be upgrades made to the road to bring it up to City standards with the possibility of the City eventually adopting the road. He also noted that the best case scenario would be that the same be done with the other private road, Hospitality Way. Mr. Lewis stated that it is a code requirement formula that dictates there be 400 parking spaces for the PCADEC, which has 251 parking spaces at the center, 191 shared parking spaces at Grace Lutheran, and an additional 45 parking spaces available on the east side of Grace Lutheran. He added that street parking on Baldy Avenue and on the private streets, if they are widened, could alleviate some congestion in terms of parking, but he does not think it would add to traffic congestion. Mr. Lewis stated that Baldy Avenue is 50 feet wide with one house facing it. He noted that the other homes largely affected by the PCADEC are facing Calico Circle. Mr. Lewis stated he had not received any correspondence relating to the application. Mike Siebert, 1665 Pocatello Creek Road, spoke in support of the application stating that this is a great location to meet in-fill standards for development and is within walking distance of approximately 700 hotel rooms, which will cut down on traffic and lower the carbon footprint for such a structure. He added that many of the athletic events will have traffic that trickles in and out throughout a day. Mr. Siebert closed by reiterating his support for the PCADEC because he believes it will stimulate the economy and support local businesses. Greg Anderson, 1395 Delphic Way, spoke in support of the application stating that he lives in the neighborhood of the proposed PCADEC and is an ex officio member of the PCAD Board of Directors. REGULAR CITY COUNCIL MEETING 5 SEPTEMBER 17, 2015 He stated he supports this rezone request, as he believes the PCADEC will be highly beneficial to the community. Raul Cano, 324 South Main Street, Executive Director of the PCAD, spoke in support of the application stating that he believes the PCADEC will have a positive impact on economic development. He acknowledged the concerns of the residents of the area and noted that this facility will be primarily focused on sports and other weekend activities. Mr. Cano explained that the PCAD is an entity created by law to enhance economic development through building facilities that serve the community. He stated that this will be a unique community facility that offers a building with 3 full-size basketball courts. Idaho Lorax, Pocatello Idaho, spoke in support of the application stating that it is a great location, is supported by hotel taxes. Robert Raschke, 611 Double Eagle Drive, Director of Grace Lutheran School, spoke in support of the application stating that the safety of the nearly 400 students at Grace Lutheran is a top priority, and the school does not believe incorporating the PCADEC to the campus would jeopardize students’ safety. He further stated that the PCADEC would help make Pocatello a destination town, particularly for youth sporting events, rather than a pit-stop on the way to somewhere else. Mr. Raschke noted that the PCADEC would bring in outside funds with visitors staying in the nearby hotels, eating at local restaurants and shopping in Pocatello. He also stated that the PCADEC would be highly visible from the freeway, which would encourage passersby to visit Pocatello. Laura Hamann, 11290 Whispering Cliffs Drive, Vice President of the Executive Council of Grace Lutheran Church spoke in support of the application and referenced her professional experience with the permitting process. She noted that Grace Lutheran has taken the appropriate steps to safely and properly make their proposal with the best interest of the community in mind. Ms. Hamann also referenced her experience with having a child in sports that required a great deal of travel. She stated that the PCADEC would benefit the youth of our community by cutting down on the need to travel for sports and encouraging the development of athletic skill. Ted Booth, 13950 Coyote Gulch, spoke in support of the application stating the proposed project fills a great need for the community and is in an ideal location. He noted specifically that the structure would be 30 feet high, but is nestled down below Baldy Avenue giving it a lower profile for surrounding residents, yet high visibility for drivers on the freeway. Sam Nettinga, 2950 Birdie Thompson Drive, Chairman of the PCAD, spoke in support of the application noting that the project started in 1998 with the creation of the PCAD. He stated that a great location has been found, the product is good and it is time to move forward with it. Gayle Betterton, 1617 Calico Circle, spoke in opposition to the application stating that she had previously attended the Planning and Zoning Commission Meeting to express her concerns with the proposed project, but felt as if the decision had already been made and her opinion carried no weight. She also stated that Baldy Avenue’s width allows for three cars to barely fit, and does not believe Baldy Avenue is wide enough to handle an increase in traffic or parking. Ms. Batterton stated that she deals with issues from Grace Lutheran traffic on a daily basis, specifically drivers parking on her sidewalk and driving over the front corner of her lawn. She noted that people are not at all respectful to the residents of the area, and she is concerned these incidents will only increase with the addition of the proposed PCADEC. Ms. Batterton stated that she is concerned that car and foot traffic will increase, adding to the foot traffic they already get from tour buses that stop in the area. She noted that the PCADEC is REGULAR CITY COUNCIL MEETING 6 SEPTEMBER 17, 2015 approved for concerts, which she thinks may bring in drug users. Ms. Betterton also noted that the PCADEC is approved for a capacity up to 2,000, not just 1,600. She stated that as a veteran, she strongly believes in the rights of the individual and hopes that the City Council will protect the rights and needs of the minority. Donna Mohler, 1690 Calico Circle, spoke in opposition to the application stating that she lives just east of Grace Lutheran’s kindergarten and daycare drop-off area where, on a daily basis, she has to deal with people parking in her driveway, on the street blocking her driveway, and leaving trash behind. She is concerned that an increase of incidents will follow if the PCADEC project is realized. Ms. Mohler explained that a school bus stop and route on Calico Circle was moved due to the slope and occurrence of icy build up on the street in order to protect the children in neighborhood; therefore, bringing additional traffic to this street would not be a good idea. She stated that she would like to see Calico Circle become a no parking street. Ms. Mohler stated that she found out that the PCADEC would reduce the value of the surrounding homes. Niki Taysom, 4963 Yellowstone, Chubbuck, spoke in opposition to the application stating the proposed PCADEC is not an attractive building and there are other such facilities available in the city. She also stated her concern about events that invite alcohol and drug use. Ms. Taysom stated that she would like to know the impact the PCADEC would have on taxpayers. Terri Benson, 1590 Calico Circle, spoke in opposition to the application referencing that she built her home in 1991, had children that attended Grace Lutheran School, and is a member of the Grace Lutheran Church. She stated that she shares the concerns of her neighbors. Ms. Benson stated that Baldy Avenue traffic can be horrendous, particularly before and after school, to the point that she cannot exit her driveway. She stated that she consulted with realtors that confirmed the value of the homes surrounding the proposed PCADEC will decrease if it is built. Ms. Benson stated that safety is a concern as this project would likely result in an increased transient population in the area. She reiterated the concern over traffic given that there would be only two entrances and exits for the large structure. Ms. Benson stated that she would like to see security for the neighborhood increase. She reiterated the concern with increasing traffic on a Baldy Avenue, a road known to get icy and result in drivers sliding off the road and across her lawn. Ms. Benson asked that the City Council please consider the needs and concerns of the residents of the area when making their decision. Raul Cano, 324 South Main Street, Executive Director of the PCAD, responded to questions from Council. He stated that the primary use for the PCADEC would be youth sports. Mr. Cano stated they would like to serve alcohol in order to generate revenue, but that it would only be served at appropriate events. He stated that the projected operational time range of the PCADEC would be from 6:00 a.m. to 10:00 p.m. during the week. Mr. Cano stated that feasibility studies indicate a lack of gym space in the area for youth athletic events, which results in many youth traveling. He stated that the PCADEC could meet a real need for club sports that must travel and bring people to the community to patronize area businesses. Mr. Cano stated that the focus would be on sports, but that the PCADEC would be a multi- use facility with 28,000 square feet of space for trade shows, concerts and sports. He stated that the PCADEC would be a facility that the community can access throughout the year. Mr. Cano stated that there would be no charge for parking at youth tournaments. Mr. Cano explained that the Auditorium District is a governmental taxing authority, created by the legislature, which collects a 5% pass-through tax from hotels. He stated there will be an affordable fee for use of the facility. Mr. Cano stated that the proposed plan is for Grace Lutheran to build the facility, then lease it to the PCAD with the hope the PCAD will eventually take over ownership of the PCADEC. He explained that the PCAD is a non-profit, tax exempt, government entity. Mr. Cano REGULAR CITY COUNCIL MEETING 7 SEPTEMBER 17, 2015 stated that within the lease agreement, it states that Grace Lutheran will pay the taxes for 5 years, unless revenue exceeds $1 million, in which case the PCAD would then pay the tax. Mr. Cano stated that there has been a steady collection of hotel revenue that has increased annually. He stated that the PCAD’s goal is to encourage people to come to Pocatello and spend money. Mr. Cano stated that he does not see any conflict of church and state in this project. He stated he sees it purely as a business deal. Mr. Cano stated that if the facility is used for profit or rental purposes, Grace Lutheran must pay taxes. He stated that the PCAD is tax exempt. Mr. Cano stated there are no plans in place for expansion of the facility beyond the scope currently presented. He stated that the PDAC has elections for its board on alternating years for the six-year positions. Jonathon Dinger, Pastor of Grace Lutheran Church, responded to questions from Council stating that there are currently 400 students at Grace Lutheran and there would be an estimated 200 additional students attending the high school that is currently under construction, which would bring an estimated 50-60 additional cars daily. He also stated that another phase could be added which would boost the enrollment to 300 high school students. Robert Raschke, 611 Double Eagle Drive, Director of Grace Lutheran School, responded to questions from Council stating that he was informed by the Street Department that changing a street to residential parking only requires a city ordinance. He stated he was also told that this is a solution best suited for long-term parking. Mr. Raschke stated that the existing parking issues near Grace Lutheran are short- term, with people parking 10 to 15 minutes. He stated that Grace Lutheran would be supportive of a solution that would alleviate the neighbors concerns. Mr. Raschke stated that many letters have been sent out to the families of students asking them to be respectful of the residents of the area and use the large parking lot at the school. He stated that they have hired a part-time employee to monitor traffic starting Monday. Mr. Raschke stated the school encourages parents to utilize the main parking lot for dropping off students and parking. Mike Jaglowski, Public Works Director, responded to questions from Council explaining that for private streets to be accepted by the City, the streets must be upgraded to meet the City’s standards in terms of width, slope, and so forth. Matthew Lewis, Planning Division Manager, responded to questions from Council stating that Grace Lutheran retained Keller Associates to perform traffic studies, but that the City has not reviewed them. He stated that the studies were delayed until school started in order to be conducted at a time which would give the most accurate view of the situation. Mr. Lewis stated that the area in question is currently zoned for high-density residential use, which allows for homes to be built up to 45 feet in height. He stated that if the land for the proposed PCADEC were filled with homes instead, traffic studies indicate a higher impact on traffic for the area than that of the events center. Mr. Lewis declined to comment on home values as home values are determined by the Bannock County Assessor’s Office and not by Planning and Development Services. He stated that Baldy Avenue is the only public street that offers access to the area and that Hospitality Way, a private road, also offers access via Way to Grace, another private street. Gayle Betterton, 1617 Calico Circle, responded to questions from Council stating that a possible compromise for residents would be for the Calico Circle area to be made into a gated community to protect residents from the traffic and parking issues. She stated that this area is not ideal for an events center given the lack of access points and proximity to an assisted living center, as well as for the many other reasons previously stated. Ms. Betterton stated that both the traffic and parking issues should be addressed. REGULAR CITY COUNCIL MEETING 8 SEPTEMBER 17, 2015 There being no further public comments, Mayor Blad declared the public hearing closed. A motion was made by Mrs. Nye, seconded by Mr. Brown, to approve a request to rezone by contract agreement approximately 8.69 acres of land identified as a Tract in Lot 2, Tax 1, Block 1, East Village 2nd Addition and a Tract in NE1/4 of NE1/4 Tax 446 from Residential Commercial Professional (RCP) to Commercial General (CG), subject to conditions recommended by staff, and that the decision be set out in the appropriate Council decision format. Mr. Orr suggested staff research the parking issues for the residents on Calico Circle. Mayor Blad stated that any resolutions to the parking and traffic issues could not be added as a condition to the rezoning request, but would have to be made as a follow up requirement, likely in the form of an ordinance, separate from the request under consideration this evening. Mr. Moore stated that he would like Grace Lutheran to examine and take action on everything possible to keep the impact of the PCADEC to the neighbors to a minimum. He stated that the City can do its part to help as well in clearing snow from the streets and addressing parking issues. Mr. Moore stated that citizens, Grace Lutheran and the City can work together taking the necessary steps to minimize the potential issues with the PCADEC project. Mayor Blad tasked Mike Jaglowski, Public Works Director, to work with the Traffic Superintendent in the Street Department to address the parking issues for the Calico Circle area residents. Mrs. Nye’s motion was voted upon at this time. Upon roll call, those voting in favor were Nye, Brown, Cooper, Johnston, Moore and Orr. AGENDA ITEM NO. 7: Council was asked to approve entering into an Agreement AGREEMENT PROVIDING providing for Repayment and Conveyance of Real Property with FOR REPAYMENT AND Pocatello Development Authority, an urban renewal agency formed CONVEYANCE OF REAL under the laws of the State of Idaho, for 69.31 acres, more or less, of PROPERTY real property and authorize the Mayor’s signature on the documents –HOKU PROPERTY necessary to complete the transaction. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve an Agreement for Repayment and Conveyance of Real Property with Pocatello Development Authority, for 69.31 acres, more or less, of real property and authorize the Mayor’s signature on the documents necessary to complete the transaction, and that the decision be set out in the appropriate Council decision format. Upon roll call, those voting in favor were Moore, Nye, Brown, Cooper, Johnston and Orr. AGENDA ITEM NO. 8: Council was asked to approve and authorize the Mayor to CONSENT TO LEASE sign, subject to Legal Department review, a Consent to Lease ASSIGNMENT OF HOKU Assignment for the Lease Agreement between the City and JH PROPERTY TO POCATELLO Kelly, a Washington Limited Liability Company. The City would DEVELOPMENT like to assign its rights under the Lease to Pocatello Development AUTHORITY Authority. The assignment will not change any terms or conditions of the existing lease agreement. REGULAR CITY COUNCIL MEETING 9 SEPTEMBER 17, 2015 A motion was made by Mr. Moore, seconded by Mr. Brown, to approve, subject to Legal Department review, a Consent to Lease Assignment for the Lease Agreement between the City and JH Kelly, and that the City assign its rights under the Lease to Pocatello Development Authority, and that the decision be set out in the appropriate Council decision format. Upon roll call, those voting in favor were Moore, Brown, Cooper, Johnston, Nye and Orr. AGENDA ITEM NO. 9: Council was asked to approve the adoption of an Addendum ADDENDUM TO to the current Collective Bargaining Agreement for the Portneuf COLLECTIVE BARGAINING Valley Fraternal Order of Police, Local Lodge #13 (Pocatello AGREEMENT Police Department), dated September 19, 2013. The City and -POCATELLO Portneuf Valley Fraternal Order of Police, Local Lodge #13, POLICE UNION through formal negotiations agreed to amend Articles 15 “Annual Wage Increase: and Article 17 “Social Security Replacement.” A motion was made by Mr. Johnston, seconded by Mr. Orr, to approve the adoption of an Addendum to the current Collective Bargaining Agreement for the Portneuf Valley Fraternal Order of Police, Local Lodge #13 (Pocatello Police Department), dated September 19, 2013. The City and Portneuf Valley Fraternal Order of Police, Local Lodge #13, through formal negotiations agreed to amend Articles 15 “Annual Wage Increase: and Article 17 ‘Social Security Replacement.’” Upon roll call, those voting in favor were Johnston, Orr, Brown, Cooper, Moore and Nye. AGENDA ITEM NO. 10: Council was asked to approve, subject to Legal Department review, AIRPORT LEASE an amendment to the lease agreement between the City and Solar 1, AMENDMENT LLC for property at the airport. The amendment addresses FAA -SOLAR ONE, LLC requirements for the following: a) rental rate adjustment from $1,500.00 to $4,069.00 for the construction phase; b) submission of FAA required notice of Proposed Construction form; and c) completion of all appropriate National Environmental Policy Act documents. The amendment also increases the leased premises from 120 acres to 165 and will allow for termination of the lease with 30-day written notice, prior to the operational phase. A motion was made by Mr. Moore, seconded by Mr. Orr, to approve, subject to Legal Department review, an amendment to the lease agreement between the City and Solar 1, LLC for property at the airport according to FAA requirements to include a) rental rate adjustment from $1,500.00 to $4,069.00 for the construction phase; b) submission of FAA required notice of Proposed Construction form; and c) completion of all appropriate National Environmental Policy Act documents. The amendment also increases the leased premises from 120 acres to 165 and will allow for termination of the lease with 30- day written notice, prior to the operational phase. Upon roll call, those voting in favor were Moore, Orr, Brown, Cooper, Johnston and Nye. AGENDA ITEM NO. 11: Council was asked to approve and authorize the Mayor to sign all LEASE AGREEMENTS documents for the following lease agreements for property at the -AIRPORT Pocatello Regional Airport: AIR TERMINAL a) Air Terminal Advertising (ATA) – Lease grants ATA the right ADVERTISING and privilege to display advertising exhibits in the airport in return for payment of 25% of gross monthly advertising receipts. The lease term will be five years; and REGULAR CITY COUNCIL MEETING 10 SEPTEMBER 17, 2015 CIVIL AIR PATROL b) Civil Air Patrol – Leased premises is approximately 1,760 square feet of hangar space for the purpose of aircraft storage. Rental rate will be $51.71 per month, to be reviewed annually and increased at least by the Consumer Price Index for the previous year, and is for give one-year terms; and SKYWEST AIRLINES c) SkyWest Airlines – Leased premises is approximately 3,181 square feet of terminal space for the purpose of operating an airline. Rental rate will be $2,685.34 per month plus landing fees. The lease term will be two years. A motion was made by Mr. Orr, seconded by Mrs. Nye, to approve and authorize the Mayor to sign all documents for the following lease agreements for property at the Pocatello Regional Airport: a) Air Terminal Advertising (ATA) – Lease grants ATA the right and privilege to display advertising exhibits in the airport in return for payment of 25% of gross monthly advertising receipts. The lease term will be five years; b) Civil Air Patrol – Leased premises is approximately 1,760 square feet of hangar space for the purpose of aircraft storage. Rental rate will be $51.71 per month, to be reviewed annually and increased at least by the Consumer Price Index for the previous year, and is for give one-year terms; and c) SkyWest Airlines – Leased premises is approximately 3,181 square feet of terminal space for the purpose of operating an airline. Rental rate will be $2,685.34 per month plus landing fees. The lease term will be two years. Upon roll call, those voting in favor were Orr, Nye, Brown, Cooper, Johnston and Moore. AGENDA ITEM NO. 12: Council was asked to consider the following ordinances: ORDINANCES SIGN CODE (a) An ordinance amending portions of Chapter 15.20 “Sign Code” to AMENDMENTS provide clarification and amend portions of the Chapter which pertain to portable signs and the starting point of measurement for distance determination of off-premise/billboard signs, as presented to Council at the July 9, 2015 Study Session and following the Public Hearing held on August 6, 2015. A motion was made by Mrs. Nye, seconded by Mr. Moore, that the ordinance, Agenda Item No. 12 (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 amending portions of Chapter 15.20 “Sign Code” to provide clarification and amend portions of the Chapter which pertain to portable signs and the starting point of measurement for distance determination of off-premise/billboard signs, as presented to Council at the July 9, 2015 Study Session and following the Public Hearing held on 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 2958 and be submitted to the Idaho State Journal for publication. REGULAR CITY COUNCIL MEETING 11 SEPTEMBER 17, 2015 AUTHORIZATION (b) An ordinance affecting the conveyance of 69.3 acres, more or less, TO EXECUTE DEED owned by the City. A Public hearing on this matter was held August FOR CONVEYANCE 6, 2015 after which Council directed the preparation of this OF HOKU PROPERTY Ordinance. The Ordinance authorizes the Mayor to execute a deed TO PDA to convey the City’s property to the Pocatello Development Authority (PDA). A motion was made by Mrs. Nye, seconded by Mr. Brown, to have the Ordinance agenda item 12 (b) be read only by title and be 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, Brown, Cooper, Johnston, Moore and Orr. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance affecting the conveyance of 69.3 acres, more or less, owned by the City. A Public hearing on this matter was held August 6, 2015 after which Council directed the preparation of this Ordinance. The Ordinance authorizes the Mayor to execute a deed to convey the City’s property to the Pocatello Development Authority (PDA). Mayor Blad asked “Shall this 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 2959 and be submitted to the Idaho State Journal for publication. AGENDA ITEM NO. 13: Idaho Lorax, Pocatello resident, stated that he had been banned DISCUSSION ITEMS from the entire Idaho State University campus. Mr. Lorax expressed his concerns over safety procedures in the Council Chambers. Niki Taysom, 4963 Yellowstone Avenue, Chubbuck stated that today is Constitution Day and also Constitution Week. She read from Articles 1 and 5 of the Constitution of the United States. Ms. Taysom expressed her concerns regarding the approval of any action that financially supports a church. There being no further business, Mayor Blad adjourned the meeting at 8:33 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: ______ REGULAR CITY COUNCIL MEETING 12 SEPTEMBER 17, 2015 SHAWNIE S. FERRIN, ADMINISTRATIVE ASSISTANT