Any citizen who wishes to address the Council shall first be recognized by the Mayor, and shall then give his/her name and address for the record. If a citizen wishes to read documentation of any sort to the Council, he/she shall first seek permission from the Mayor. A three (3) minute time limitation is requested for Council presentations.
City Hall and the City Council Chambers are accessible to person with disabilities. Interpreters for persons with hearing impairments and/or taped information for persons with visual impairments can be provided upon three day notice. For accessibility arrangements, please contact Ron Binggeli, ADA Coordinator, at Voice Phone: 208-234-6248; TDD: 208-232-0988; Fax: 208-233-5149; E-mail: rbinggeli@pocatello.us; Mailing Address: P.O. Box 4169, Pocatello, Idaho 83205-4169; Physical Address: 215 West Bonneville, Pocatello, Idaho.
The purpose of the agenda is to assist the Council and interested citizens in the conduct of this public meeting. Citizens should examine the agenda for the item of their interest. If the matter the citizen wishes to discuss is not listed on the formal agenda, an opportunity to be heard by the Council is the agenda item described as "DISCUSSION ITEMS." Total time allotted for this item is fifteen (15) minutes, with a maximum of three (3) minutes per speaker. You must sign in at the start of the meeting.
AGENDA CLARIFICATION MEETING: A meeting will be held at 5:30 P.M. in the Iwamizawa Conference Room at City Hall, prior to the regular meeting for clarification of the agenda.
RECESS: In the event the meeting is still in progress at 7:30 P.M., the Mayor may call a ten-minute recess to allow Council members and participants a brief rest period.
AGENDA ITEM NO. 1: ROLL CALL AND PLEDGE OF ALLEGIANCE.
AGENDA ITEM NO. 2: INVOCATION: The invocation will be offered by Pastor Phil Meyer, Faith Lutheran Church.
AGENDA ITEM NO. 3: CONSENT AGENDA: The following business items may be approved by one motion and a vote. If any one member of the Council so desires, any matter listed can be moved to a separate agenda item.
(a) MINUTES: Council may wish to waive the oral reading of the minutes and approve the minutes from the Agenda Clarification and Regular City Council meeting of April 6, 2006; the Study Session of April 13, 2006; the Joint City Council Pocatello Youth Forum meeting of April 18, 2006; and the Executive Session of April 20, 2006.
(b) PAYROLL AND MATERIAL CLAIMS: Council may wish to consider payroll and material claims for the month of April in the amount of $ .
CHILD CARE ADVISORY COMMITTEE APPOINTMENT: Council may wish to confirm the Mayor’s appointment of Carol Grimes to serve as a member of the Child Care Advisory Committee, replacing Marie Austin who resigned. Ms. Grimes’ term will begin May 5, 2006, and will expire November 6, 2009.
AMENDMENT TO CONDITIONS ON SERVICE CONNECTION REQUEST: Council may wish to amend the condition placed on a Service Connection to City water approved for a business located on South 5th Avenue south of Century High School at the March 2, 2006, Regular City Council meeting. The original connection was approved with the condition that a 5/8” service line be used. Due to pressure concerns, City staff is recommending the condition be amended to state that a 1 1/2” service line be used.
CONCESSION LICENSE RATIFICATION: Council may wish to ratify the action of granting a free Concession License for the 2nd Annual Community Environmental Fair that was held April 29th at Tydeman and Optimist Parks.
COUNCIL DECISION: Council may wish to adopt its decision of April 20, 2006, allowing, with conditions, Barlow Briggs, representing Horizon of Pocatello, a conditional use permit to allow the expansion of an existing parking lot for the office building located at 1090 Hiline Road.
COUNCIL DECISION: Council may wish to adopt its decision of April 20, 2006, allowing, with conditions, Jeff Maier and Citizens Community Bank a conditional use permit to allow the construction of a medical clinic and the expansion of an existing parking lot at 2000 Flandro Drive.
COUNCIL DECISION: Council may wish to adopt its decision of April 20, 2006, granting, with conditions, a request by Cable One, Inc. for an exception to the requirement to obtain a conditional use permit to allow a commercial use at 892 McKinley Avenue which lies within a Warehouse Wholesale zoning district.
COUNCIL DECISION: Council may wish to adopt its decision of April 20, 2006, allowing, with conditions, the placement of a sixty-one square foot back lighted wall sign at 444 Hospital Way upon hearing an appeal of the Community Development Commission’s denial of a request by Electrovision Sign Company on behalf of Idaho Medical Imaging for an eighty square foot sign.
COUNCIL DECISION: Council may wish to adopt its decision of April 20, 2006, approving the short plat of North Cliffs Subdivision 1st Addition with conditions recommended by City staff. The property is located west of South 5th Avenue and East of I-15, parallel to Cliff Drive.
COUNCIL DECISION: Council may wish to adopt its decision of April 20, 2006, approving the final plat of Taylor View Subdivision with conditions recommended by City staff. The property is located on the east end of Northstar and Gail Drives.
COUNCIL DECISION: Council may wish to adopt its decision of April 20, 2006, granting, with conditions, a request by Penny Fisher and Kelly Fisher, members of IPM, LLC, for an exception to the requirement to obtain a conditional use permit to allow the construction of a building at 639 South 5th Avenue, which building shall contain residential dwellings in a Commercial General district.
COUNCIL DECISION: Council may wish to adopt, by Resolution, its decision of April 20, 2006, approving, with conditions, a planned unit development located west of Hospital Way between East Center and East Terry, as presented by Portneuf Medical Center.
AGENDA ITEM NO. 4: COMMUNICATIONS AND PROCLAMATIONS:
AGENDA ITEM NO. 5: CALENDAR REVIEW: Council may wish to take this opportunity to inform other Council members of upcoming meetings and events that should be called to their attention.
AGENDA ITEM NO. 6: DISCUSSION ITEMS: This time has been set aside to hear discussion items not listed on the agenda. Items which appear somewhere else on the agenda will not be discussed at this time. The Council is not allowed to take any official action at this meeting on matters brought forward under this agenda item. Items will either be referred to the appropriate staff or scheduled on a subsequent agenda. You must sign in at the start of the meeting in order to be recognized. (Note: Total time allotted is fifteen (15) minutes, with a maximum of three (3) minutes per speaker.)
HEARING EXAMINER RECOMMENDATIONS: The following item is a recommendation from the Hearing Examiner for a variance.
The item appearing on the agenda from the Hearing Examiner allows for Council discussion only. The notices, public hearings and additional comments have already been presented to the Hearing Examiner.
AGENDA ITEM NO. 7: HEARING EXAMINER-VARIANCE-SPIDELL: Alan J. Spidell (mailing address: 182 Filmore Street, Pocatello ID 38201) requests a variance from the lot size requirement to construct a duplex on property located on the 300 block of Park Avenue. The applicant proposes a lot size of 6,400 square feet where Municipal Code 17.20.040 requires 7,650 square feet for a duplex. The property is located in a Residential zoning district with an open space factor of 1.8. Following a public hearing on April 13, 2006, Hearing Examiner Chuck Prince recommended approval with conditions.
PUBLIC HEARING: See the sheet at the end of the agenda for the procedure that will be used for conducting public hearings.
AGENDA ITEM NO. 8: PUBLIC HEARING-HIGHLAND HILLS ASSISTED LIVING-LAND USE EXCEPTION: Highland Hills Assisted Living represented by Robyn Smith (mailing address: 1501 Baldy Avenue, Pocatello ID 83201) requests an exception to the requirement to apply for a conditional use permit to allow an increase in resident capacity from 57 to 63 at the assisted living center located at 1501 Baldy Avenue. The assisted living center is located in a Residential zoning district with an open space factor of 2.0. Municipal Code section 17.20.100(M) allows nursing homes through the conditional use permit process. The applicant received approval on the original conditional use permit for 57 beds on April 19, 1990. Planning Division staff recommends approval with conditions.
AGENDA ITEM NO. 9: PUBLIC HEARING-ANNEXATION AND ZONING REQUEST-SUMMIT HILLS 2ND ADDITION: This time has been set aside for Council to hear public comments on a request by Kent Yost of Cedar Crest Corporation (mailing address: PO Box 4987, Pocatello ID 83205), represented by Rocky Mountain Engineering and Surveying (mailing address: 155 South 2nd Avenue, Pocatello ID 83201) to annex and zone an approximately 15.09 acre area of land extending the City limits east of Winchester on an extension of Ridgewood Drive, which will be called Summit Hills 2nd Addition. The property is requested for Residential zoning with an open space factor of 6.0. Following a public hearing, at their meeting on April 12, 2006, the Community Development Commission recommended approval with open space factors of 6.0 and 9.5.
AGENDA ITEM NO. 10: PUBLIC HEARING-VACATION OF RIGHT-OF-WAY: This time has been set aside for Council to hear comments on the City’s proposal to vacate and abandon the public’s interest in a deeded right-of-way known as Ford Road, between South 4th and 5th Avenues and north of Forde Johnson Truck Service at 2231 South 5th Avenue. Planning staff recommends approval with conditions.
AGENDA ITEM NO. 11: PUBLIC HEARING-VACATION OF RIGHT-OF-WAY: This time has been set aside for Council to hear comments on the City’s proposal to vacate and abandon the public’s interest in a portion of existing right-of-way of the original East Alameda Road, at the intersection with Randolph. Planning staff recommends approval with conditions.
AGENDA ITEM NO. 12: FINAL PLAT-CANYON POINTE CONDOMINIUM: Bob Elzner of Western Design Construction (mailing address: PO Box 5210, Chubbuck ID 83202), represented by Rocky Mountain Engineering and Surveying (mailing address: 155 South 2nd Avenue, Pocatello ID 83201), submitted a final plat to subdivide approximately 4.34 acres of land into 28 condominium lots. The property is located on an extension of Hancock Place and is to be known as Canyon Pointe. The Community Development Commission recommended approval of the preliminary plat with conditions at their April 25, 2005, meeting. The conditions have been incorporated into the final plat. City Public Works staff recommends approval with conditions.
AGENDA ITEM NO. 13: “COUNCIL SELECT” FUNDING REQUEST-C.W. HOG: Council may wish to consider a request from Cooperative Wilderness Handicapped Outdoor Group (C.W. HOG) for a waiver of table moving fees for 25 tables for the 25th Annual PIG OUT on September 16, 2006. The cost is $20.00 per table for a total waiver request of $500.00. As of April 28, 2006, $13,354.70 remains in the “Council Select” line item.
AGENDA ITEM NO. 14: CONCESSION LICENSE-PORTNEUF GREENWAY FOUNDATION: Council may wish to grant a $100.00 concession license to the Portneuf Greenway Foundation to cover all concessionaires associated with the Riverfest that will be held at Taysom Rotary Park on June 24th.
AGENDA ITEM NO. 15: REQUEST FOR BEER IN TAYSOM PARK-PORTNEUF GREENWAY FOUNDATION: Council may wish to consider a Portneuf Greenway Foundation request for permission to sell beer at Taysom Rotary Park during the Riverfest on June 24th.
AGENDA ITEM NO. 16: “COUNCIL SELECT” FUNDING REQUEST-PORTNEUF GREENWAY FOUNDATION: The Portneuf Greenway Foundation is requesting that “Council Select” funds be used for the following items associated with the Riverfest planned for June 24th: 1) that an amount not to exceed $84.10 be used to pay Sanitation fees associated with the Riverfest; and 2) that an amount not to exceed $400.00 be used to pay for table moving fees for 20 tables. The total amount requested is $484.10. As of April 28, 2006, $13,354.70 remains in the “Council Select” line item.
AGENDA ITEM NO. 17: “COUNCIL SELECT” FUNDING REQUEST-IDAHO INTERNATIONAL CHORAL FESTIVAL: Arlo Luke and Paul Link Co-chairs of the Idaho International Choral Festival will be present to request that “Council Select” funds in the amount of $114.55 be used to support the festival. As of April 28, 2006, $13,354.70 remains in the “Council Select” line item.
AGENDA ITEM NO. 18: FARMERS MARKET SUBLEASE: Council may wish to consider a Sublease Agreement between the City of Pocatello and Southeast Idaho Farmers Market, Inc. (SEIFM) whereby the City would sublet to SEIFM the premises commonly known as the 300 and 400 blocks of the Union Pacific Avenue Parking Lot situated east of Union Pacific Avenue, in Pocatello, for the purpose of conducting an open-air market for local area vendors on Saturdays and Wednesdays from May 6, 2006, through October 28, 2006. In the event Council chooses to adopt the Sublease Agreement with SEIFM, Council will also need to approve a Consent to Sublease prepared by the Union Pacific Railroad, as Lessor of the property.
AGENDA ITEM NO. 19: AUCTION AGREEMENT: Council may wish to approve an Auction Agreement with Prime Time Auctions, Inc. which would allow the auction of “sporting type weapons” that are in the possession of the Police Department. The auction would be on May 12, 2006.
AGENDA ITEM NO. 20: DOWNTOWN REINVESTMENT PROJECT PHASE II: Pending the decision reached by the Pocatello Development Authority at its May 3rd Special meeting, Council may wish to approve, subject to Legal Department approval, a contract with Jack B. Parsons Company in the amount of $2,554,901.50 for construction of the Downtown Reinvestment Project Phase 2.
AGENDA ITEM NO. 21: RESOLUTION-URBAN RENEWAL AREAS: Council may wish to approve a resolution designating two additional Urban Renewal Areas pursuant to Idaho Code §50-2008 of the Urban Renewal Act. The two new areas are: 1) Gateway West facilities formerly referred to as the NOP (Navel Ordnance Plant), and 2) the East Center/Hospital Way/East Terry area.
AGENDA ITEM NO. 22: ORDINANCES: The Council has the following options for reading ordinances. If the Council makes no motion, the ordinance will be read by title on two occasions and at length on the third occasion and placed on final passage for publication.
EXAMPLE MOTIONS:
FOR THREE SEPARATE READINGS: "I move the ordinance, Agenda Item # , be read only by title on three separate occasions and placed on final passage and ordered for publication, and that only the ordinance summary sheet be submitted for publication."
FOR ONE READING UNDER RULES SUSPENSION: "I move the ordinance, Agenda Item # , be read only by title and placed on final passage for publication, and that only the ordinance summary sheet be submitted for publication."
Before the ordinance can be read under Option 1 or 2, the Council, by a vote of one-half plus one (4) of the full Council, must vote to direct how the ordinance is to be read.
Ordinance ready for reading.
22. (a) An ordinance repealing subsection 13.16.080 “Connection to Proximate Sewer Required” and reenacting a new subsection 13.16.080 “Connection to Proximate Sewer Required” establishing uniform requirements for connection to public and private sewer systems. (Prepared for reading under rules suspension.)
CONDUCTING A PUBLIC HEARING
1. Explanation of hearing procedures by Mayor or staff.
· Ten (10) minute time limit on applicant presentation.
· Three (3) minute time limit on public testimony.
· Names and addresses are required from those presenting/testifying.
· Mere repetition of previous testimony is not allowed.
· Questions/comments should be addressed to the Mayor and Council.
· Council members must make their decision regarding the application on facts already in the record and information presented at the public hearing.
· Protocol requires that Council and audience be recognized by the Mayor prior to speaking.
2. Mayor opens hearing.
3. Presentation by applicant.
Note: Remember, applicant bears the responsibility for making his/her case. This is also the tfime for Council members to ask their questions of the applicant.
4. Presentation by staff.
5. Written correspondence submitted for the record.
6. Testimony by those supporting the application.
7. Testimony by those uncommitted on the application.
8. Testimony by opponents to the application.
9. Rebuttal by the applicant.
10. Mayor closes the hearing and initiates motion/deliberations.
Note: The Mayor may choose to require a motion prior to the discussion in order to focus deliberations, or, the Mayor may choose to allow deliberations prior to the motion in order to facilitate wording of the motion.
11. Develop a written and reasoned statement supporting the decision.
