POCATELLO CITY COUNCIL MEETING MARCH 16, 2006

CITY OF POCATELLO, IDAHO

MARCH 16, 2006 – 9:00 A.M.

CITY COUNCIL CHAMBERS


Notice is hereby given that the City Council will hold a meeting on Thursday, March 16, 2006, at 9:00 A.M. in the Council Chambers at City Hall, 911 North 7th Avenue. The purpose of the meeting is to review Service Level Reports.

City Hall and the Council Chambers are accessible to persons with disabilities. Interpreters for persons with hearing impairments and/or taped information for persons with visual impairments can be provided upon three (3) days notice. For accessibility arrangements, please contact the City’s Americans with Disabilities Act Coordinator at 234-6248.




A G E N D A

CITY OF POCATELLO

REGULAR CITY COUNCIL MEETING

MARCH 16, 2006 - 6:00 P.M.

COUNCIL CHAMBERS


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 Bill Levy, Calvary Alliance 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 City Council Goal Setting meeting of February 16, 2006, and the Agenda Clarification and Regular City Council meeting of February 16, 2006.

(b) TREASURER'S REPORT: Council may wish to consider the Treasurer's Report for February, showing cash receipts and disbursements of February and cash on hand as of March 1, 2006, in the amount of $ .

(c) COUNCIL DECISION: Council may wish to adopt its decision of February 16, 2006, approving the final plat of Countryside Subdivision, 5th Addition, with conditions recommended by City staff and the Community Development Commission. The property is located south of Country Club Drive on extensions of Ethans Way and Mountain Shadow Drive.

(d) COUNCIL DECISION: Council may wish to adopt its decision of March 2, 2006, adopting the recommendation, findings and conclusions of the Hearing Examiner to deny Jonathan Vincent’s request for a variance from the lot size requirement to construct two duplexes on property located on Nora and Dolbeer.

(e) COUNCIL DECISION: Council may wish to adopt its decision of March 2, 2006, denying an appeal and upholding the decision of the Community Development Commission to deny a request by Darren Crocket of Yellowstone Plaza, 475 Yellowstone Avenue, for an exception to allow a nonconforming roof sign to remain and allow additional plaza signage.

(f) COUNCIL DECISION: Council may wish to adopt its decision of March 2, 2006, approving the final plat of Summit Hills Subdivision 1st Addition with conditions recommended by City staff. The property is located on Ridgewood Drive and Winchester Circle.

(g) COUNCIL DECISION: Council may wish to adopt its decision of March 2, 2006, approving the final plat of Wildlife Ridge Estates with conditions recommended by City staff. The property is located south of Barton Road, north of Swisher and east of Wildlife Way.


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 for this item is fifteen (15) minutes, with a maximum of three (3) minutes per speaker.)

AGENDA ITEM NO. 7: “PIGGY-BACK’ BID: The Sanitation Department intends to request one new automated and one new commercial collection truck in the Fiscal Year 2007 budget. The department can save approximately $15,000.00 per truck if the trucks are ordered now with delivery to take place after October 1, 2006. Council may wish to authorize the Sanitation Department to “piggy-back” bids received October 5, 2005, in the amount of $207,729.12 for the automated truck and $165,495.00 for the commercial truck. The department is also seeking Council approval to dispose of the two surplus trucks via a method the department determines to be most advantageous for the City of Pocatello.

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-DAYCARE CODE AMENDMENTS: This time has been set aside for Council to receive public comments on proposed amendments to the Pocatello Municipal Code. The amendments: change the definition of “Daycare Provider”; change the number of children for a daycare in a provider’s own home that may be allowed on the premises without being included in the staffing ratio formula; and add specific individuals who may exercise right of entry. Following the public hearing, if the Council wishes to adopt the amendments an ordinance has been prepared for reading under the ordinance agenda item.

AGENDA ITEM NO. 9: FINAL PLAT-PARTRIDGE RIDGE 6TH ADDITION: Ryan Satterfield of Satterfield Realty and Development (mailing address: 1133 Call Creek Place, Pocatello ID 83201), represented by Rocky Mountain Engineering and Surveying (mailing address: 155 South 2nd Avenue, Pocatello ID 83201), has submitted an application to subdivide approximately 15.63 acres of land into 33 residential lots. The property is located east of Satterfield Drive and is an extension of Stoneridge Drive. The Community Development Commission recommended approval of the preliminary plat with conditions at their October 9, 2005, meeting. The conditions have been incorporated into the final plat. City Public Works staff recommends approval with conditions.

AGENDA ITEM NO. 10: FINAL PLAT-CITY CREEK ESTATES DIVISION 1: Ron Miller (mailing address: 1556 City Creek Road, Pocatello ID 83204), represented by Rocky Mountain Engineering and Surveying (mailing address: 155 South 2nd Avenue, Pocatello ID 83201), has submitted an application to subdivide approximately 14.69 acres of land, north of South Lincoln on an extension of City Creek Road, into 16 residential lots and is to be known as City Creek Estates Division 1. The Community Development Commission recommended approval of the preliminary plat with conditions at their December 14, 2005, meeting. The conditions have been incorporated into the final plat. City Public Works staff recommends approval with conditions.



AGENDA ITEM NO. 11: FINAL PLAT-CITY CREEK ESTATES DIVISION 2: Ron Miller (mailing address: 1556 City Creek Road, Pocatello ID 83204), represented by Rocky Mountain Engineering and Surveying (mailing address: 155 South 2nd Avenue, Pocatello ID 83201), has submitted an application to subdivide approximately 14.20 acres of land, north of South Lincoln on an extension of City Creek Road, into 15 residential lots and is to be known as City Creek Estates Division 2. The Community Development Commission recommended approval of the preliminary plat with conditions at their December 14, 2005, meeting. The conditions have been incorporated into the final plat. City Public Works staff recommends approval with conditions.

AGENDA ITEM NO. 12: REQUEST FOR EXCEPTION TO PARKING LOT STANDARDS: Tadd Jenkins of Bish’s RV (mailing address: 3385 Hawthorne Road, Pocatello ID 83201) requests an exception be granted to allow a gravel parking lot for storage and parking of vehicles at 3385 Hawthorne Road. The exception would be to Municipal Code Section 17.44.030(F) that outlines performance and parking lot standards. Engineering and Planning staff recommends denial for reasons outlined in the staff report.

AGENDA ITEM NO. 13: FEE WAIVER-CIVITANS: Bannock Civitans and Gate City Civitans are requesting a one-time park rental fee of $45.00 for the use of Simplot Square Park and a one-time alcohol fee of $50.00 for the Revive @ 5 weekly events to be held at Simplot Square from May 31, 2006, to August 30, 2006. The fees that would be waived if the request is granted are park rental fees in the amount of $622.80 and alcohol fees in the amount $650.00 for a total of $1,272.80. Funds would come from the “Council Select” line item if the Council wishes to grant the request. As of March 10, 2006, there is $14,977.50 left in the line item.

AGENDA ITEM NO. 14: TEMPORARY STREET CLOSURE REQUEST: Idaho Cycling Enthusiasts has made a request to close portions of various streets in Old Town in order to hold a bicycle race. The race is proposed to be held on July 30, 2006. Council may wish to grant approval for the event subject to final approval of the Public Works Director. This condition is being recommended as the Downtown Reinvestment Phase II Project could be in conflict with the proposed route.

AGENDA ITEM NO. 15: AGREEMENT-PEAK SOFTWARE: Council may wish to approve an agreement between the City of Pocatello and Peak Software Systems, Inc. The agreement would allow the Parks and Recreation Department to use Sportsman Software for a six month period for a fee not to exceed $499.00. The software would allow for online program registration, facility reservations, and league scheduling.

AGENDA ITEM NO. 16: LEASE AGREEMENTS: Council may wish to consider the following lease agreements. The lease agreements are for 40’ x 45’ hangars that will be used for aircraft storage. The lease agreements will be for a one-year term with five one-year renewal options. The rental rates will be $150.00 per month and will be revised according to the CPI annually. Major changes to the prior lease agreements include a 60 day termination clause and granting the Airport Manager authority to terminate the lease agreements or declare the lessee in default. Following are the lease agreements up for consideration.
a) Lease agreement with Bruce Beard.
b) Lease agreement with Gary Blanchard.
c) Lease agreement with Mark Edwards/ Elmer Smith.
d) Lease agreement with Bill Ehrstrom.
e) Lease agreement with Mike Marquette/ Randy Kautzsch.
f) Lease agreement with JK Merrill and Sons.

AGENDA ITEM NO. 17: GRANT ACCEPTANCE: Council may wish to accept the 2005 Hazardous Materials Emergency Preparedness Training Grant, from the Idaho Bureau of Homeland Security, in the amount of $7,274.43. The grant provides training funds for Haz Mat classes for the Pocatello Region VI Hazardous Materials Response Team. There is a 20% match requirement in the grant.

AGENDA ITEM NO. 18: APPLICATION FOR FUNDS: Council may wish to authorize Pocatello Regional Transit, subject to Legal Department approval, to submit the application for Fiscal Year 2007 Rural Coordinated 5311 and 5311 (f) Federal Transit Administration Funds to the Idaho Transportation Department. Funds being applied for under Section 5311 Rural Base, consist of $102,197.00 operating, $58,026.00 administration, $243,389.00 capital rural buses, and $67,112.00 capital preventive maintenance. Under Section 5311(f) Intercity, the application includes $57,000.00 intercity administration and $43,869.00 capital facility funds. No City funds are used. An opportunity for public hearing was provided for on March 1, 2006.

AGENDA ITEM NO. 19: 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

19. (a) An ordinance amending sections of Pocatello Municipal Code by changing the definition of “Daycare Provider”; amending the number of children for a daycare in a provider’s own home that may be allowed on the premises without being included in the staffing ratio formula; and adding specific individuals who may exercise right of entry. (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 time 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.