Idaho Examiner - Pocatello Agendas

COMMUNITY DEVELOPMENT COMMISSION

2006-05-23T06:41:00.000-06:00

Wednesday, May 24, 2006
City Council Chambers, Municipal Building*
911 North Seventh
6:30 p.m.

*Persons with disabilities who require accommodation to access or participate in the programs of the City of Pocatello may make requests for accommodation at least three (3) days in advance of such requirement through the office of the ADA Coordinator. Contact: Ron Binggeli, ADA Coordinator; voice phone: (208)232.5057; TDD (208)232.0988; e-mail: rbinggeli@pocatello.us; fax: (208)233.5149; mailing address: PO Box 4169, Pocatello, ID 83205-4169; physical address: 215 W. Bonneville, Pocatello, ID.

The Community Development Commission is a citizen advisory group to the City Council. They are charged with making recommendations concerning land use plans, planning processes and/or on matters of plan implementation. All regular meetings of the CDC are quasi-judicial in nature and are recorded for record retention and minute transcription.

AGENDA CLARIFICATION MEETING: A meeting will be held at 6:00 p.m. in the Plan Review area at City Hall, prior to the regular meeting for clarification of the agenda.

The following is the official agenda of the Community Development Commission. Discussion and Commission action will be limited to those items on the agenda. Any citizen who wishes to address the Commission shall first be recognized by the Chairman, and shall give his/her name and address for the record. If a citizen wishes to read documentation of any sort to the Commission, he/she shall first seek permission from the Chairman. A three (3) minute time limitation is requested for Commission presentations.

AGENDA ITEM NO. 1: DISCLOSURE OF CONFLICT OF INTEREST, EX-PARTE COMMUNICATION AND SITE VISIT
Disclose who was talked to, the basic substance of the conversation and whether the conversation had any influence. Disclose if a site visit was done, location(s) of the visit and what was seen.

AGENDA ITEM NO. 2: APPROVAL OF MINUTES 4/12/06 AND 4/26/06

AGENDA ITEM NO. 3: PUBLIC HEARING – CONDITIONAL USE PERMIT
Jedd Thomas requests a conditional use permit to allow the construction of a professional office development on the property along Birdie Thompson Drive, near the intersection of Hospital Way. The property is located within a Residential zoning district with an open space factor of 3.5. The applicant received permission from the City Council at their April 6, 2006 meeting to pursue the conditional use permit because professional offices are neither permitted nor conditionally permitted uses in Residential zoning districts with this open space factor.

Estimated time: 30 minutes

AGENDA ITEM NO. 4: PUBLIC HEARING – CONDITIONAL USE PERMIT
Scott Briscoe of Terra Firma Properties LLC requests a conditional use permit to allow the construction of six multi-dwelling units (4-plexes) on property located at the end of Short Avenue. The property is located within a Residential zoning district with an open space factor of 1.9. Municipal Code 17.20.100(A) allows apartments in structures containing three or four dwelling units in areas with an open space factor greater than 1.6 through the conditional use permit process.

Estimated time: 30 minutes

FINDINGS AVAILABLE TO PUBLIC ADMINISTRATIVE HEARING CITY COUNCIL CONSIDERATION
June 5, 2006 June 8, 2006 June 15, 2006
1:00 p.m. 12:15 p.m. 6:00 p.m.

AGENDA ITEM NO. 5: URBAN RENEWAL PLAN
In accordance with I.C. 50-2008(B), the Naval Ordnance Urban Renewal Improvement Plan is submitted to the Commission for review and recommendation as to its conformity with the City’s Comprehensive Plan.

Estimated time: 45 minutes

AGENDA ITEM NO. 6: URBAN RENEWAL PLAN
In accordance with I.C. 50-2008(B), the East Center Street Urban Renewal Improvement Plan is submitted to the Commission for review and recommendation as to its conformity with the City’s Comprehensive Plan.

Estimated time: 45 minutes

CITY OF POCATELLO AGENDA - 5/18/2006

2006-05-18T07:05:00.000-06:00

CITY COUNCIL MEETING

CITY OF POCATELLO, IDAHO

MAY 18, 2006 – 9:00 A.M.

CITY COUNCIL CHAMBERS

Notice is hereby given that the City Council will hold a meeting for budget development on Thursday, May 18, 2006, at 9:00 A.M. in the Council Chambers at City Hall, 911 North 7th Avenue.

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.

REVISED
(MEETING TIME HAS CHANGED)

EXECUTIVE SESSION MEETING NOTICE

CITY COUNCIL

CITY OF POCATELLO, IDAHO

MAY 18, 2006 – 4:30 P.M.

IWAMIZAWA CONFERENCE ROOM

The City Council will meet in an Executive Session on Thursday, May 18, 2006, at 4:30 P.M. in the Iwamizawa Conference Room, in accordance with Idaho Code 67 2345(1)(c) to conduct deliberations concerning labor negotiations or to acquire an interest in real property which is not owned by a public agency, and 67 2345(1)(f) to consider and advise its legal representatives in pending litigation or where there is a general public awareness of probable litigation.

A G E N D A

CITY OF POCATELLO

REGULAR CITY COUNCIL MEETING

MAY 18, 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 PERSONS 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 THE AMERICANS WITH DISABILITIES COORDINATOR AT 234-6248.

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 R. Coke McClure, of Gateway Habitat for Humanity.

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 meeting and Regular Council meeting of April 20, 2006.

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

(c) FRIENDS OF THE CEMETERY COMMITTEE REAPPOINTMENT: Council may wish to confirm the Mayor’s reappointment of Harlow Andersen to continue his service as a member of the Friends of the Cemetery Committee. Mr. Andersen’s term will begin June 4, 2006, and will expire June 4, 2008.

(d) PARKS AND RECREATION ADVISORY BOARD APPOINTMENTS: Council may wish to confirm the Mayor’s appointments of Pete Black and Melinda Jo Walker to serve as members of the Parks and Recreation Advisory Board, replacing Doug Milder and Duane Rawlings whose terms expired. Mr. Black is currently representing School District #25 but is changing to a citizen-at-large position. Both terms will begin May 22, 2006, and will expire May 22, 2008.

(e) PARKS AND RECREATION ADVISORY BOARD REAPPOINTMENT: Council may wish to confirm the Mayor’s reappointment of Becky Pincock to continue her service as a member of the Parks and Recreation Advisory Board. Ms. Pincock’s term will begin May 21, 2006, and will expire May 21, 2008.

(f) UPDATED PURCHASE POLICY: Council may wish to adopt an updated City Purchase Policy that incorporates changes in State law, as discussed in the April Study Session.

(g) COUNCIL DECISION: Council may wish to adopt its Decision of May 4, 2006, granting a request by Alan Spidell for a variance from the minimum lot size requirements for the construction of a duplex from 7,650 square feet to 6,400 square feet. The property in question is located in the 300 block of Park Avenue.

(h) COUNCIL DECISION: Council may wish to adopt its Decision of May 4, 2006, granting a request by Robyn Smith of Highland Hills Assisted Living for an exception to the requirement to obtain a conditional use permit to allow an increase in occupancy at the assisted living center from 57 to 63 occupants.

(i) COUNCIL DECISION: Council may wish to adopt its Decision of May 4, 2006, approving the final plat of Canyon Pointe, a Condominium Development with conditions recommended by City staff. The development is located on an extension of Hancock Place.

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.)

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-KENTON SMITH: Kenton Smith (mailing address: 4812 Navajo Street, Pocatello ID 83204) requests a variance from side yard setback requirements for an addition onto the residence for an attached garage at 4812 Navajo Street. The applicant proposes a five (5) foot side yard setback where Municipal Code Section 17.20.170 requires seven (7) feet. The property is located within a Residential zoning district with an open space factor of 2.4. Following a public hearing on April 27, 2006, Hearing Examiner Keeven Shropshire recommended approval of the request 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-PREMIER OUTDOOR SIGN EXCEPTION APPEAL: This time has been set aside for Council to hear public comments regarding an appeal by Premier Outdoor Advertising (mailing address: 1600 Arlington, Pocatello ID 83201), represented by Tony Golsarry of Blaze Sign Company (mailing address: 525 West Maple, Pocatello ID 83201), from the decision of the Community Development Commission (CDC) in regard to a sign exception request for a billboard to be located at 733 West Quinn. The CDC denied their request to allow the proposed billboard. Municipal Sign Code 15.20.240(F) requires that off premise signs be located no closer than 250 feet from a government facility and 1000 feet from another off-premise sign on the same side of the street. The proposed location is approximately 150 feet from a government facility and 700 feet from another off-premise sign on the same side of the street.

AGENDA ITEM NO. 9: “COUNCIL SELECT” FUNDING REQUEST-KIWANIS CLUB OF POCATELLO: The Kiwanis Club of Pocatello, Inc. is requesting that “Council Select” funds be used for the following items associated with the 38th Annual Bing Hong Kiwanis Pancake Breakfast planned for June 24th and June 25th: 1) $158.00 rental fee for pavilion, and 2) $400.00 table rental and moving fees for 20 tables. The total amount requested is $558.00. As of May 12, 2006, there is $12,256.05 in the “Council Select” line item.

AGENDA ITEM NO. 10: “COUNCIL SELECT” FUNDING REQUEST-YELLOW RIBBON CAMPAIGN OF IDAHO: Yellow Ribbon Campaign of Idaho is requesting that “Council Select” funds in the amount of $259.50 be used to pay for portable restrooms facilities at the Field of Heroes that will be erected at the Century High School Soccer field. As of May 12, 2006, there is $12,256.05 in the “Council Select” line item.

AGENDA ITEM NO. 11: HALLIWELL PARK LICENSE AGREEMENT-POCATELLO AMERICAN LEGION: Council may wish to consider approval of a License Agreement for Halliwell Park with the Pocatello American Legion Baseball Club. The proposed License Agreement is for May 15th through August 1st and does not include the Highland American Legion program. Staff recommends approval.

AGENDA ITEM NO. 12: FARMERS MARKET SUBLEASE: Council may wish to approve, subject to Legal Department approval, a Consent to Sublease prepared by Union Pacific Railroad. The Consent will allow the City to enter into a Sublease Agreement with Southeast Idaho Farmers Market, Inc. (SEIFM), which would allow SEIFM to use the premises commonly known as the 300 and 400 blocks of the Union Pacific Avenue Parking Lot situated east of Union Pacific Avenue, Pocatello ID, 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.

AGENDA ITEM NO. 13: APPLICATION FOR FUNDS: Council may wish to authorize, subject to Legal Department review, the Planning and Development Services Department to submit a grant request to Wells Fargo in the amount of $5,000.00 for assistance in funding the City’s Consolidated Planning effort. The plan is a requirement for receipt of Department of Housing and Urban Development Community Development Block Grant funds. In addition to funding from community partners such as Wells Fargo, the plan was previously approved in the City budget and/or CDBG Action Plan administrative allocations. This application request is part of the effort to include partners in funding this effort.

AGENDA ITEM NO. 14: AUTHORIZING RESOLUTION-FEDERAL TRANSIT ADMINISTRATION: Council may wish to approve resolution required by the Federal Transit Administration (FTA) for the public transit system, authorizing the Mayor or his designee to execute and file FTA grants.

AGENDA ITEM NO. 15: POLICE UNION CONTRACT AMENDMENT: Council may wish to approve the Fiscal Year 2007 Amendment to the Police Union Contract between the City of Pocatello and the Pocatello Police Department Union.

AGENDA ITEM NO. 16: 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.

16. (a) An ordinance abandoning and vacating Ford Street between Fourth and Fifth Avenues. (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.

HEARING EXAMINER

2006-05-04T14:06:00.000-06:00

Thursday, May 11, 2006
5:30 p.m.
City Hall Council Chambers*
911 North Seventh
Pocatello, ID

*Persons with disabilities who require accommodation to access or participate in the programs of the City of Pocatello may make requests for accommodation at least three (3) days in advance of such requirement through the office of the ADA Coordinator. Contact: Ronald Binggeli, ADA Coordinator; voice phone: (208)232-5057; TDD: (208)232-0988; e-mail: rbinggeli@pocatello.us; fax: (208)233-5149; mailing address: PO Box 4169, Pocatello, ID 83205-4169; physical address: 215 W. Bonneville, Pocatello, ID.

HEARING EXAMINER: Chuck Prince

1. Disclosure of ex parte communication and site visit. Disclose who was talked to, the basic substance of the conversation and whether the conversation had any influence. Disclose if a site visit was done, location(s) of the visit and what was seen.

2. Dr. William Godfrey, represented by Hal Jensen of Lystrup/Jensen Architects, requests an amendment to their conditional use permit for a dental office proposed to be constructed on the northeast corner of Birdie Thompson Drive and Hospital Way. Municipal Code 17.20.100 does not permit such use through the conditional use permit process in Residential zoning districts with open space factors greater than 2.0. However, the City Council at their meeting of January 6, 2005 granted permission for the applicant to pursue this use through the conditional use permit process. The amended CUP is required because the applicant has secured more land than was included in the original CUP application and the second building is proposed to be larger than originally approved. The site is located within a Residential zoning district with an open space factor of 3.5.

FINDINGS AVAILABLE TO PUBLIC
May 22, 2006
1:00 p.m.

ADMINISTRATIVE HEARING
May 25, 2006
12:15 p.m.

CITY COUNCIL CONSIDERATION
June 1, 2006
6:00 p.m.

Interested persons should pick up a copy of the Hearing Examiner's findings on the date shown above. The purpose of the Administrative Hearing (held in the P&DS Conference Room) is only to comment on the Hearing Examiner's Report. No new evidence or testimony will be accepted at this meeting.

The City Council will receive a copy of the application, minutes of the hearing tonight, minutes of the administrative hearing, and the Hearing Examiner's recommendation for their review. The Council will not take additional testimony prior to or at their meeting.

CITY OF POCATELLO COUNCIL MEETING MAY 4, 2006 - 6:00 P.M.

2006-05-02T06:38:00.000-06:00

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.

HEARING EXAMINER AGENDA Thursday, March 23, 2006

2006-03-19T22:18:00.000-07:00

HEARING EXAMINER
A G E N D A
Thursday, March 23, 2006
5:30 p.m.
City Hall Council Chambers*
911 North Seventh
Pocatello, ID

*Persons with disabilities who require accommodation to access or participate in the programs of the City of Pocatello may make requests for accommodation at least three (3) days in advance of such requirement through the office of the ADA Coordinator. Contact: Ronald Binggeli, ADA Coordinator; voice phone: (208)232-5057; TDD: (208)232-0988; e-mail: rbinggeli@pocatello.us; fax: (208)233-5149; mailing address: PO Box 4169, Pocatello, ID 83205-4169; physical address: 215 W. Bonneville, Pocatello, ID.

HEARING EXAMINER: Keeven Shropshire

1. Disclosure of ex parte communication and site visit. Disclose who was talked to, the basic substance of the conversation and whether the conversation had any influence. Disclose if a site visit was done, location(s) of the visit and what was seen.

2. Barlow Briggs representing Horizon of Pocatello requests a conditional use permit to allow the expansion of an existing parking lot for the Horizon Building located at 1090 Hiline Road. The expansion would provide an additional 12 parking spaces. The property is located within a Residential zoning district with an open space factor of 60.0. Office parking lots are not a conditionally permitted use in this zoning district, however, the applicant was granted special permission by the City Council at their November 17, 2005 meeting to apply for a conditional use permit.

FINDINGS AVAILABLE TO PUBLIC
April 3, 2006
1:00 p.m.

ADMINISTRATIVE HEARING
April 6, 2006
12:15 p.m.

CITY COUNCIL CONSIDERATION
April 20, 2006
6:00 p.m.

Interested persons should pick up a copy of the Hearing Examiner's findings on the date shown above. The purpose of the Administrative Hearing (held in the P&DS Conference Room) is only to comment on the Hearing Examiner's Report. No new evidence or testimony will be accepted at this meeting.

The City Council will receive a copy of the application, minutes of the hearing tonight, minutes of the administrative hearing, and the Hearing Examiner's recommendation for their review. The Council will not take additional testimony prior to or at their meeting.

COMMUNITY DEVELOPMENT COMMISSION Wednesday, March 22, 2006

2006-03-19T22:16:00.000-07:00

Wednesday, March 22, 2006
City Council Chambers, Municipal Building*
911 North Seventh
6:30 p.m.

*Persons with disabilities who require accommodation to access or participate in the programs of the City of Pocatello may make requests for accommodation at least three (3) days in advance of such requirement through the office of the ADA Coordinator. Contact: Ron Binggeli, ADA Coordinator; voice phone: (208)232.5057; TDD (208)232.0988; e-mail: rbinggeli@pocatello.us; fax: (208)233.5149; mailing address: PO Box 4169, Pocatello, ID 83205-4169; physical address: 215 W. Bonneville, Pocatello, ID.

COMMUNITY DEVELOPMENT COMMISSION
(CDC)

The Community Development Commission is a citizen advisory group to the City Council. They are charged with making recommendations concerning land use plans, planning processes and/or on matters of plan implementation. All regular meetings of the CDC are quasi-judicial in nature and are recorded for record retention and minute transcription.

AGENDA CLARIFICATION MEETING: A meeting will be held at 6:00 p.m. in the Iwamizawa Conference Room at City Hall, prior to the regular meeting for clarification of the agenda.

The following is the official agenda of the Community Development Commission. Discussion and Commission action will be limited to those items on the agenda. Any citizen who wishes to address the Commission shall first be recognized by the Chairman, and shall give his/her name and address for the record. If a citizen wishes to read documentation of any sort to the Commission, he/she shall first seek permission from the Chairman. A three (3) minute time limitation is requested for Commission presentations.

AGENDA ITEM NO. 1: DISCLOSURE OF CONFLICT OF INTEREST, EX-PARTE COMMUNICATION AND SITE VISIT
Disclose who was talked to, the basic substance of the conversation and whether the conversation had any influence. Disclose if a site visit was done, location(s) of the visit and what was seen.

AGENDA ITEM NO. 2: APPROVAL OF MINUTES 2/08/06 AND 2/22/06

AGENDA ITEM NO. 3: PUBLIC HEARING – PLANNED UNIT DEVELOPMENT

John Watts of Portneuf Medical Center, represented by David Land of Davis Partnership Architects, requests a planned unit development located on the hospital grounds on the west side of Hospital Way, between East Center Street and East Terry Street and I-15 on the west. The proposed PUD includes six phases to expand the hospital and support buildings surrounding it. The applicant proposes a mix of hospital and medical office uses such as those existing. The land is currently zoned Residential with an open space factor of 3.5.

Estimated time: 30 minutes

AGENDA ITEM NO. 4: CONTINUED CONSIDERATION – SIGN EXCEPTION

The Commission may wish to complete consideration of the request by Retha Cain of Electrovision Signs for an
exception to the Sign Code to allow a wall sign at 444 Hospital Way Building 2 that exceeds allowable signage in NCP zoning districts. This property is located within a Neighborhood Commercial Professional zoning district. Municipal Sign Code 15.20.180 allows a 32 square foot directory-type sign at each main office building entrance.

Estimated time: 30 minutes

AGENDA ITEM NO. 5: PUBLIC HEARING – CONDITIONAL USE PERMIT

Jeff Maier requests a conditional use permit to allow construction of a medical clinic and expansion of a parking lot on property for the clinic and Citizens Community Bank (2000 Flandro Drive) located on Hiline Road and Flandro Drive. Citizens Community Bank also proposes to expand their parking lot for their use and also for the medical clinic. The property is located within a Warehouse Wholesale zoning district. Municipal Code 17.32.040(C) allows retail and consumer services which are listed as permitted uses in the Commercial General zoning district through the conditional use permit process.

Estimated time: 30 minutes

AGENDA ITEM NO. 6: PUBLIC HEARING – SIGN EXCEPTION

Tony Golsarry of Blaze Sign Company, representing Premier Outdoor, requests an exception to the Sign Code for a billboard to be located at 733 W. Quinn, within a Commercial General zoning district. Municipal Code 15.20.240(F) requires that off premise signs be located no closer than 250’ from a government facility. The proposed sign location is approximately 150’ from a government facility (FBI Center).

Estimated time: 30 minutes

AGENDA ITEM NO. 7: PRELIMINARY PLAT – BOULDERS SUBDIVISION
Jason Lyle of Pheasant Ridge Development Inc. requests to subdivide 40-47 acres into 92 residential lots. The property is located south of I-86, west of Hiline/Flandro, behind Citizens Community Bank, within a Residential zoning district with an open space factors of 2.4, 4.0, and 60.0.

Estimated time: 30 minutes

AGENDA ITEM NO. 8: SHORT PLAT – NORTH CLIFFS 1st ADDITION
Bill Isley of BBAD Investments requests to subdivide 2.17 acres into one (1) lot. The property is located west of South 5th Street and east of I-15 within a Commercial General zoning district.

Estimated time: 30 minutes

POCATELLO CITY COUNCIL MEETING MARCH 16, 2006

2006-03-13T16:11:00.000-07:00

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.

CITY COUNCIL STUDY SESSION - MARCH 9, 2006

2006-03-09T06:02:00.000-07:00

CITY OF POCATELLO, IDAHO CITY COUNCIL STUDY SESSION

MARCH 9, 2006 -- 9:00 A.M.

COUNCIL CHAMBERS

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 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.

1: ROLL CALL.

2: ANIMAL SHELTER ADVISORY BOARD UPDATE: Representatives from the Animal Shelter Advisory Board will be present to discuss the Board’s goals and projects, as well as Council’s policies and expectations.

3: COMMUNITY DEVELOPMENT BLOCK GRANT ADVISORY COMMITTEE UPDATE: Representatives from the Community Development Block Grant Advisory Committee will be present to discuss the Committee’s goals and projects, as well as Council’s policies and expectations.

4: LIFE SAFETY SYSTEMS PERMIT PROPOSAL: Representatives from the Fire Department will discuss proposed permit requirements for the trades that install, modify and alter Life Safety Systems such as fire sprinkler systems, fire alarm systems, fire extinguishers, and commercial kitchen fire suppression, etc.
(Pertinent information attached.)

5: EMPLOYEE BENEFITS SURVEY RESULTS: Human Resources Department staff will be available to discuss results of the recently completed Employee Benefits Survey.

6: SIGN CODE REVISIONS: Planning and Development Services staff will be present to discuss proposed Sign Code revisions with the Council.

HEARING EXAMINER AGENDA March 9, 2006

2006-03-06T22:32:00.000-07:00

HEARING EXAMINER
A G E N D A
Thursday, March 9, 2006
5:30 p.m.
City Hall Council Chambers*
911 North Seventh
Pocatello, ID

*Persons with disabilities who require accommodation to access or participate in the programs of the City of Pocatello may make requests for accommodation at least three (3) days in advance of such requirement through the office of the ADA Coordinator. Contact: Ronald Binggeli, ADA Coordinator; voice phone: (208)232-5057; TDD: (208)232-0988; e-mail: rbinggeli@pocatello.us; fax: (208)233-5149; mailing address: PO Box 4169, Pocatello, ID 83205-4169; physical address: 215 W. Bonneville, Pocatello, ID.

HEARING EXAMINER: Chuck Prince

1. Disclosure of ex parte communication and site visit. Disclose who was talked to, the basic substance of the conversation and whether the conversation had any influence. Disclose if a site visit was done, location(s) of the visit and what was seen.

2. Michael E. Bosh and Diane S. Hutchinson request a variance from rear yard setback requirements for a single-family home proposed for construction on the lot at 2762 Sonoma (Lot 3, Block 2, Vineyard Court Subdivision 1st Addition). The applicants request a 10-12 foot setback where Pocatello Municipal Code requires 20 feet. The property is located within a Residential zoning district with an open space factor of 3.0.

FINDINGS AVAILABLE TO PUBLIC
March 20, 2006
1:00 p.m.

ADMINISTRATIVE HEARING CITY COUNCIL CONSIDERATION
March 23, 2006
12:15 p.m.

CITY COUNCIL CONSIDERATION
April 6, 2006
6:00 p.m.

Interested persons should pick up a copy of the Hearing Examiner's findings on the date shown above. The purpose of the Administrative Hearing (held in the P&DS Conference Room) is only to comment on the Hearing Examiner's Report. No new evidence or testimony will be accepted at this meeting.

The City Council will receive a copy of the application, minutes of the hearing tonight, minutes of the administrative hearing, and the Hearing Examiner's recommendation for their review. The Council will not take additional testimony prior to or at their meeting.

Pocatello Regular City Council Meeting Agenda for February 2, 2006

2006-01-30T18:06:00.000-07:00

A G E N D A
CITY OF POCATELLO
REGULAR CITY COUNCIL MEETING
FEBRUARY 2, 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 Robert Robertson representing Bethel Baptist 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 January 5, 2006, and the Study Session of January 12, 2006.

(b) PAYROLL AND MATERIAL CLAIMS: Council may wish to consider payroll and material claims for the month of January in the amount of $ .

(c) AIRPORT COMMISSION REAPPOINTMENT: Council may wish to confirm the Mayor’s reappointment of Earl Pond to continue his service as a member of the Airport Commission. Mr. Pond’s term will begin February 5, 2006, and will expire February 5, 2008.

(d) ANIMAL SHELTER ADVISORY BOARD REAPPOINTMENTS: Council may wish to confirm the Mayor’s reappointments of Gail White and Judie Cantrill to continue their service as members of the Animal Shelter Advisory Board. Ms. White’s term will begin February 5, 2006, and will expire February 5, 2008. Ms. Cantrill’s term will begin February 22, 2006, and will expire February 22, 2008.

(e) FRIENDS OF THE CEMETERY COMMITTEE REAPPOINTMENTS: Council may wish to confirm the Mayor’s reappointments of Debra Baker, Peggy Larsen, Gordon Murri, and Cathy Wigington to continue their service as members of the Friends of the Cemetery Committee. All terms will begin February 4, 2006, and will expire February 4, 2008.

(f) SISTER CITIES COMMITTEE APPOINTMENT: Council may wish to confirm the Mayor’s appointment of Bradley Hall to serve as a member of the Japanese Subcommittee of the Sister Cities Committee, replacing Aya Powell who resigned. Mr. Hall’s term will begin February 3, 2006, and will expire October 7, 2009.

(g) RESOLUTION RATIFYING ACTION: Council may wish to adopt a resolution ratifying the submittal of a grant application for Congestion Mitigation and Air Quality funds for the Pocatello School Flashers project. If awarded, the grant will be used to improve traffic flow and safety at nine school zones within the Pocatello Urbanized Area.

(h) CONCESSION LICENSE: Council may wish to grant a concession license, subject to the Parks and Recreation Director’s conditions, to Craig Ellis of Hawaiian Ice to allow the sale of concessions at NOP Park in 2006.

(i) RIGHT-OF-WAY USE PERMIT: Council may wish to grant a right-of-way use permit to J.R. Simplot Company, to string a Simplot Games banner over the street right-of- way of Memorial Drive near Holt Arena February 14, 2006 through February 21, 2006. Proof of Insurance has been provided and Planning Division staff recommends approval with conditions.

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: BID-EL RANCHO SANITARY SEWER UPGRADE PROJECT: Council may wish to award the bid for the El Rancho Sanitary Sewer Upgrade Project to Bodiford Construction, Inc. in the amount of $92,344.00. This project involves the upsizing of a sanitary sewer pipe beneath the Hiline Canal as well as the replacement of upstream sewer pipes on El Rancho Blvd. If approved, work will begin in February 2006 and will be completed by April 2006. Funds for this project are budgeted and available in the WPC capital account.

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. 8: HEARING EXAMINER–VARIANCE- VINCENT: Jonathan Vincent (mailing address: 54 Davis Drive, Pocatello ID 83201), requests a variance from minimum lot size requirements to convert the single family residence at 1430 Paramount into a duplex. The lot is 7,300 square feet in size, where Municipal Code 17.20.040 requires a minimum lot size of 10,080 square feet for a duplex. The property is located in a Residential zoning district with an open space factor of 2.4. Following a public hearing on January 12, 2006, Hearing Examiner Chuck Prince recommended denial of the request.

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. 9: PUBLIC HEARING-ANNEXATION AND ZONING REQUEST-TRAIL CREEK DEVELOPMENT: This time has been set aside for the Council to hear comments from the public concerning a request by Trail Creek Development (mailing address: 814 Rocky Point Road, Pocatello ID 83201), represented by J. Mitchell Greer of Rocky Mountain Engineering and Survey (mailing address: 155 S. 2nd Avenue, Pocatello ID 83201), to annex and zone an approximately 54.6-acre area of land extending the City limits north of Trail Creek Road and west of Foothill Blvd. The property is requested for Residential zoning with an open space factor of 2.5. Following public hearings at their meeting on January 11, 2006, the Community Development Commission recommended approval of this request.

AGENDA ITEM NO. 10: ONE YEAR RENEWAL-CONDITIONAL USE PERMIT-FERRIN: The Council may wish to consider renewal of the conditional use permit granted to Dewane Ferrin (mailing address: 1342 Eastridge, Pocatello ID 83201), to operate an auto repair shop at his home at 1342 Eastridge. Since the original approval, no complaints have been received by staff.

AGENDA ITEM NO. 11: CLARIFICATION OF CONDITION-OSTERHOUT: Council may wish to consider a request by Steven and Annette Osterhout (mailing address: 3370 West Highway 30, Pocatello ID 83201), for clarification of a condition (placed by the Council) on their land use exception.

AGENDA ITEM NO. 12: FINAL PLAT-BROOKSIDE BLUFF SUBDIVISION 1ST ADDITION: Jason Ormond of Juniper Homes (mailing address: 151 Isaac, Chubbuck ID 83202), represented by Rocky Mountain Engineering and Surveying (mailing address: 155 South 2nd Avenue, Pocatello ID 83201), has submitted an application to subdivide approximately 4.14 acres of land into 5 single family, 4 townhouse lots (a total of 9 single family dwellings), and 4 common lots. The property is located north of Johnny Creek Road off Shale Drive and is to be known as Brookside Bluff Subdivision, 1st Addition. The Community Development Commission recommended approval of the preliminary plat with conditions at their July 27, 2005, meeting. City Public Works staff recommends approval with conditions.

AGENDA ITEM NO. 13: SCHOOL OF MASSAGE THERAPY LICENSE-TEUSCHER: Vicki Teuscher is requesting to move the Intermountain Institute of Natural Health Massage School from Chubbuck to Pocatello and would like permission for unlicensed students to perform massage in the school. Current Municipal Code does not allow for unlicensed individuals to perform massage therapy in Pocatello

AGENDA ITEM NO. 14: FEE WAIVER REQUEST-SOUTHEAST IDAHO SENIOR GAMES: Council may wish to consider a request from the Southeast Idaho Senior Games to waive fees in the amount of $1,022.50 for the use of City facilities for 10 days of competition in August 2006. Facilities include Ross Park shelter and Aquatics Complex; Community Recreation Center pool; OK Ward shelter and Optimist/Tydeman fields. Funds would come from the “Council Select” line item if the Council wishes to grant the request. As of February 1, 2006, there is $16,000.00 left in the line item.

AGENDA ITEM NO. 15: WATER AND WASTEWATER CAPACITY FEE STUDY: Council may wish to approve a proposal from Red Oak Consulting to expand the scope of work on the existing rate study to include study of water and wastewater capacity fees. The fee estimate is $9,000.00 for each utility for a total of $18,000.00. Engineering and Finance staffs recommend the expanded study and ask the Council to authorize the Mayor to sign necessary contract modifications, subject to Legal Department review.

AGENDA ITEM NO. 16: RESOLUTION AND GRANT SUBMITTAL-GREENWAY: Council may wish to authorize the Legal Department to prepare a resolution to approve sponsorship certification of an application by Portneuf Greenway Foundation for federal funds to construct a 6900 foot-long, ten-foot wide bicycle/ pedestrian path parallel to Bannock Highway from Taysom Rotary Park to the Portneuf River Bridge near the Sand Trap Restaurant, and on the west side of the Portneuf River atop the flood control levee from the Sand Trap Restaurant to Tech Farm Road. Sponsorship requires $5,511.00 cash match plus $55,045.00 non-cash match in the form of donations of materials, labor and services by the City in exchange for $500,000.00 in federal funds.

AGENDA ITEM NO. 17: RESOLUTION AND GRANT SUBMITTAL-PARKS AND RECREATION: Council may wish to authorize the Legal Department to prepare a resolution to allow sponsorship certification of an application by the Parks and Recreation Department for Transportation Enhancement Program Funding in the amount of $331,200.00 for a project to enhance the East side of the I-15 Interchange #67 at Center Street, which would include the placement of artistic retaining walls, city identification signage at a gateway to the city, and water-wise landscaping. Sponsorship requires $28,800.00 cash match by the City in exchange for federal funds.

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.

Pocatello REGULAR CITY COUNCIL MEETING JANUARY 19, 2006 Agenda

2006-01-18T06:58:00.000-07:00

A G E N D A

CITY OF POCATELLO

REGULAR CITY COUNCIL MEETING
JANUARY 19, 2006 - 6:00 P.M.
COUNCIL CHAMBERS

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 Carl Levenson, of Temple Emanuel.

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

(b) CONSTRUCTION BOARD OF APPEALS AND REVIEW APPOINTMENT: Council may wish to confirm the Mayor’s appointment of Ken Stratford to serve as the plumbing trade representative on the Construction Board of Appeals and Review, replacing Alan Phillips whose term expired. Mr. Stratford’s term will begin January 20, 2006, and will expire December 31, 2007.

(c) POCATELLO DEVELOPMENT AUTHORITY APPOINTMENT: Council may wish to confirm the Mayor’s appointment of Richard Stallings to serve as the City Council representative on the Pocatello Development Authority Board of Directors, replacing Harry Neuhardt. Mr. Stallings’ term will begin January 20, 2006, and will expire May 1, 2008.

(d) COUNCIL DECISION: Council may wish to adopt its Decision of December 1, 2005, amending its Decision of June 17, 2004, to prohibit the use of the garage storage area for the structure on Lot 1, Block 1 Sagewood Hills Subdivision by parties other than the tenants or owner of the residential structure.

(e) COUNCIL DECISION: Council may wish to adopt its Decision of December 15, 2005, approving, with conditions, the final plat of Vineyard Court Subdivision, 2^nd Addition, which is located west of Satterfield Drive, on extensions of Sonoma and Hillview.

(f) COUNCIL DECISION: Council may wish to adopt its Decision of January 5, 2006, granting, with conditions, a variance to Gateway Habitat for Humanity from setback requirements and parking requirements for a residence to be constructed at 838 West Sublette.

(g) COUNCIL DECISION: Council may wish to adopt its Decision of January 5, 2006, granting to Peter Schacht a variance from rear yard setback requirements for a deck on the rear of his residence at 323 La Montagna Strada.

(h) COUNCIL DECISION: Council may wish to adopt its Decision of January 5, 2006, granting to Little Footsteps, LLC a conditional use permit to allow an increase of day care enrollment from twenty to sixty children for the day care at 1451 Jesse Clark Lane.

(i) COUNCIL DECISION: Council may wish to adopt its Decision of January 5, 2006, to decline to render a decision on a request from Jonathan Vincent for a variance from the minimum lot size requirements to construct two duplexes near the southwest corner of Nora and Dolbeer until such time as a new application has been filed, a public hearing has been held before the Hearing Examiner and a recommendation received for Council review.

(j) COUNCIL DECISION: Council may wish to adopt its Decision of January 5, 2006, approving, with conditions, the final plat for property located on extensions of Shelly Place and Sunrise Way east of Satterfield Drive to be known as Sunbrook Subdivision 1^st Addition.

(k) TAXI CAB DRIVER LICENSE DENIAL: Council may wish to uphold the decision of the Police Chief and deny the Taxi Cab Driver License for Joshua Andrus.

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: ENGINEERING SERVICES AGREEMENT: Council may wish to approve an agreement between the City of Pocatello and Keller Associates for concept level engineering analysis of several bridges. Under the agreement Keller Associates will analyze existing conditions at the Gould Street Overpass, Benton Street Overpass, Cheyenne Avenue Bridge, and Whitman Street Bridge, and will provide a report and opinion of cost for various items outlined in the agreement. Total project cost is $29,200.00.

AGENDA ITEM NO. 8: ENGINEERING CONTRACT EXTENSION: Council may wish to approve, subject to Legal Department approval, a contract extension between the City of Pocatello and CH2M Hill for the final design and related construction services for Well 38. Cost associated with the extension will not exceed $75,500.00.

AGENDA ITEM NO. 9: RESOLUTION: Council may wish to adopt a resolution to amend the Procedures for Residential and Commercial Construction and Subdivision Development which were approved by Resolution #2005-02. The amendment would stipulate that annexation agreements will include requirements for owners wanting to have their property annexed to provide water rights or provide funds to the City to help with water rights acquisition and to provide for water storage and transmission costs.

AGENDA ITEM NO. 10: DISSOLUTION ROOSEVELT REVENUE ALLOCATION PROVISION: Council may wish to accept the Pocatello Development Authority’s recommendation for early dissolution of the Roosevelt Urban Renewal Area’s Revenue Allocation Provision. If Council wishes to accept the recommendation an ordinance is ready for reading under the Ordinance Agenda Item.

AGENDA ITEM NO. 11: 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.

11. (a) An ordinance dissolving the Roosevelt Urban Renewal Area’s Revenue Allocation Provision. (Prepared for reading under rules su

POCATELLO DEVELOPMENT AUTHORITY 1/18/2006 Agenda

2006-01-18T06:52:00.000-07:00

POCATELLO DEVELOPMENT AUTHORITY
Board of Commissioners Meeting
January 18, 2006
11:00 a.m.
City Hall, Council Chambers
911 North 7th Avenue

Call to Order – Chairman Brown

Acknowledge Guests of Board, if any

Disclosure of Conflicts of Interest, if any

Agenda - Add or Delete Action or Discussion Items

Action and Discussion Items:

Minutes for December 21, 2005 – Motion to Approve and/or Amend

Financial Report: December Income and Expenses

Consider Approving Payment of 4th Quarter 2005 Administrative Fees

Central Corridor:

Downtown Discussion
Update on Whitman Project

Roosevelt District:

Closing of the District

North Yellowstone Urban Renewal Area:

Consider Approving Pay Request #23

Miscellaneous Items/Questions from Commissioners

Executive Session if Required

COMMUNITY DEVELOPMENT COMMISSION Agenda 1/11/2006

2006-01-08T09:43:00.000-07:00

Wednesday, January 11, 2006

City Council Chambers, Municipal Building*

911 North Seventh

6:30 p.m.

COMMUNITY DEVELOPMENT COMMISSION

(CDC)

AGENDA CLARIFICATION MEETING: A meeting will be held at 6:00 p.m. in the Iwamizawa Conference Room at City Hall, prior to the regular meeting for clarification of the agenda.

The following is the official agenda of the Community Development Commission. Discussion and Commission action will be limited to those items on the agenda. Any citizen who wishes to address the Commission shall first be recognized by the Chairman, and shall give his/her name and address for the record. If a citizen wishes to read documentation of any sort to the Commission, he/she shall first seek permission from the Chairman. A three (3) minute time limitation is requested for Commission presentations.

AGENDA ITEM NO. 1: DISCLOSURE OF CONFLICT OF INTEREST, EX-PARTE COMMUNICATION AND SITE VISIT

Disclose who was talked to, the basic substance of the conversation and whether the conversation had any influence. Disclose if a site visit was done, location(s) of the visit and what was seen.

AGENDA ITEM NO. 2: APPROVAL OF MINUTES FOR 10/19/05

AGENDA ITEM NO. 3: PUBLIC HEARING – ANNEXATION

Trail Creek Development, represented by Rocky Mountain Engineering and Surveying, requests to annex and zone an approximately 54.6-acre area of land extending the City limits north of Trail Creek Road and west of Foothill Blvd. The property is requested for Residential zoning with an open space factor of 2.5.

Estimated time: 30 minutes

AGENDA ITEM NO. 4: PRELIMINARY PLAT – TRAIL CREEK ESTATES

Trail Creek Development, represented by Rocky Mountain Engineering and Surveying, requests to subdivide approximately 54.6 acres into 121 residential lots. The development is located on the north side of Trail Creek Road, west of Foothill Blvd.

Estimated time: 30 minutes

ADJOURN TO WORK SESSION

Commission may wish to adjourn to a work session to discuss LED signs.

CITY OF POCATELLO AGENDA - 1/5/2006

2006-01-04T07:38:00.000-07:00

A G E N D A
CITY OF POCATELLO
REGULAR CITY COUNCIL MEETING
JANUARY 5, 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 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 December 1, 2005; the Executive Session of December 6, 2005; the Council Luncheon of December 14, 2005; the Executive Session of December 15, 2005; and the Agenda Clarification and Regular City Council meeting of December 15, 2005.

(b) PAYROLL AND MATERIAL CLAIMS: Council may wish to consider payroll and material claims for the month of December in the amount of $ .

(c) AIRPORT COMMISSION REAPPOINTMENT: Council may wish to confirm the Mayor’s reappointment of Ronald Hosking to continue his service as a member of the Airport Commission. Mr. Hosking’s term will begin January 22, 2006, and will expire January 22, 2008.

(d) POLICE RETIREMENT BOARD APPOINTMENT: Council may wish to appoint Travis Wilhelm to fill the vacancy on the Police Retirement Board created when Ed Austin notified the City of his desire not to serve on the Board. Mr. Wilhelm received the next highest number of votes at the Police Retirement Board election held November 2, 2005. Mr. Wilhelm’s term will begin January 5, 2006.

(e) COUNCIL DECISION: Council may wish to adopt, by Resolution, its decision of December 1, 2005, to amend the Comprehensive Plan Land Use Map for the City of Pocatello by enlarging the Urban Service Boundary, with appropriate Comprehensive Plan designations. The area to be included is on the east bench, east of South 5th, south of Garton Lane, and north of Hildreth Road.

AGENDA ITEM NO. 4: INSTALLATION OF NEWLY-ELECTED OFFICIALS: Judge Peter D. McDermott will be in attendance to administer the oath of office to the newly-elected Mayor and City Council Members.

AGENDA ITEM NO. 5: ELECTION OF PRESIDENT OF THE COUNCIL: This time has been set aside for Council to elect a President of the Council in conformance with Idaho Code Section 50 702.

AGENDA ITEM NO. 6: COMMUNICATIONS AND PROCLAMATIONS:

AGENDA ITEM NO. 7: 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. 8: 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. 9: BID: Council may wish to accept the low responsive bid from Weidner Fire Equipment, in the amount of $132,002.00, for the replacement of Self Contained Breathing Apparatus used by the Fire Department.

HEARING EXAMINER AND COMMUNITY DEVELOPMENT COMMISSION RECOMMENDATIONS: The following items are recommendations from the Hearing Examiner and Community Development Commission for variances and a conditional use permit.

The items appearing on the agenda from the Hearing Examiner and the Community Development Commission allow for Council discussion only. The notices, public hearings and additional comments have already been presented to the Hearing Examiner and the Community Development Commission.

AGENDA ITEM NO. 10: HEARING EXAMINER-VARIANCE-GATEWAY HABITAT FOR HUMANITY: Gateway Habitat for Humanity (mailing address: PO Box 6156, Pocatello ID 83205) requests a variance from setback requirements and parking requirements for a residence to be constructed at 838 West Sublette. The applicant proposes an 11 foot rear yard setback where Municipal Code 17.20.170 requires 20 feet and a 16 foot front yard setback for a non-enclosed porch where Municipal Code requires 19 feet. The property is located in a Residential zoning district with an open space factor of 1.8. Following a public hearing on December 8, 2005, Hearing Examiner Rick Foster recommended approval of the request.

AGENDA ITEM NO. 11: HEARING EXAMINER-VARIANCE-SCHACHT: Peter Schacht (mailing address: 323 La Montagna Strada, Pocatello ID 83201) requests a variance from rear yard setback requirements for a deck on the rear of the residence at 323 La Montagna Strada. The applicant requests an 8 foot 5 inch rear yard setback where Municipal Code 17.20.170 requires 20 feet. The property is located in a Residential zoning district with an open space factor of 3.5. Following a public hearing on December 8, 2005, Hearing Examiner Rick Foster recommended approval of the request.

AGENDA ITEM NO. 12: HEARING EXAMINER-VARIANCE-VINCENT: Jonathan Vincent (mailing address: 54 Davis Drive, Pocatello ID 83201) requests a variance from minimum lot size requirements to construct two duplexes near the southwest corner of Nora and Dolbeer. The lot is 10,500 square feet in size, but Municipal Code 17.20.040 requires a minimum of 15,960 square feet for both duplexes. The property is located in a Residential zoning district with an open space factor of 1.9. Following a public hearing on December 8, 2005, Hearing Examiner Rick Foster recommended denial of the request.

AGENDA ITEM NO. 13: COMMUNITY DEVELOPMENT COMMISSION-CONDITIONAL USE PERMIT-LITTLE FOOTSTEPS: Melissa Gross of Little Footsteps, LLC (mailing address: 1451 Jessie Clark Lane, Pocatello ID 83202) requests a conditional use permit to allow increasing day care enrollment from 20 children to 60 children. The day care is located at 1451 Jessie Clark Lane which is within a Residential zoning district with an open space factor of 1.9. Municipal Code 17.20.100(G) allows licensed day cares for over twenty (20) children less than six (6) years of age in a structure which was not initially constructed for residential purposes in Residential zoning districts through the conditional use permit process. Following a public hearing on December 7, 2005, the Community Development Commission recommended approval of the request.

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. 14: PUBLIC HEARING-INTENT TO SELL REAL PROPERTY: At the December 15, 2005, Regular City Council meeting the Council voted to continue the public hearing regarding the City’s intent to sell and convey real property located near the old City of Alameda Landfill on Pocatello Creek Road. Following the public hearing the Council may wish to set January 19, 2006, as the date for the public auction of said property.

AGENDA ITEM NO. 15: PUBLIC HEARING-SIGN APPEAL: This time has been set aside for Council to receive comments from the public concerning an appeal from Premier Outdoor, LLC (mailing address: 1600 Arlington, Pocatello ID 83204), represented by Blaze Sign Company (mailing address: 525 West Maple, Pocatello ID 83201), of a decision by the Community Development Commission (CDC) in regards to a sign request for the placement of four off-premise signs each 10’ x 30’ (300 square feet) in area and 35 feet in height to be located along Hurley Drive and Poleline Road, within the Pocatello Square development area currently under construction. The CDC denied the request for the signs at their October 26, 2005, meeting. The property is located within a Commercial General zoning district.

AGENDA ITEM NO. 16: FINAL PLAT-SUNBROOK SUBDIVISION 1ST 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 11.35 acres of land into 16 residential lots and one common lot. The property is located on extensions of Shelly Place and Sunrise Way east of Satterfield Drive and is to be known as Sunbrook Subdivision 1st Addition. The Community Development Commission recommended approval of the preliminary plat with conditions at their September 28, 2005, meeting. The conditions have been incorporated into the final plat. City Public Works staff recommends approval with conditions.

AGENDA ITEM NO. 17: GRANT APPLICATION SUBMITTAL: Council may wish to approve submittal of a FY 2006 Supplemental Rural 5310 Capital Grant Application, in the amount of $49,661.00. The application is for FTA Funds, which are being distributed through the Idaho Transportation Department. The amount of the funds being requested will be merged with other available rural funds to purchase one pilot low-floor ramp bus for rural use. The match ratio is 8% local rural funds and no City funds are involved. Council may also wish to authorize the Mayor to accept the grant, subject to Legal Department approval, if the grant is awarded.

AGENDA ITEM NO. 18: ACCEPTANCE OF GRANT: Council may wish to accept an Ifft Foundation Fund Grant, awarded by the Idaho Community Foundation, in the amount of $7,500.00. The grant is for the purchase of 30 trees for the softball complex at OK Ward Park. The grant will be administered by Parks and Recreation staff, including reporting and documentation as a condition of the grant acceptance.

AGENDA ITEM NO. 19: USE AGREEMENT-BARON AND BARON CONSULTING: Council may wish to consider a Use Agreement with Wendy and Victor Baron, dba Baron and Baron Consulting. The Baron’s are interested in providing personal fitness training and recreational SCUBA instruction at the Community Recreation Center. The agreement would be for one year, beginning in January 2006.

AGENDA ITEM NO. 20: SURPLUS EQUIPMENT: Council may wish to declare the Fire Department’s old Self Contained Breathing Apparatus surplus equipment and allow the Department to offer the equipment for sale to area fire fighting units. The Fire Department is recommending that the equipment be sold for $350.00 per unit which is the average trade-in value.

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.

City of Pocatello Council Agenda 12/15/2005

2005-12-13T07:06:00.000-07:00

EXECUTIVE SESSION MEETING NOTICE
CITY COUNCIL
CITY OF POCATELLO, IDAHO

DECEMBER 15, 2005 – 5:00 P.M.

IWAMIZAWA CONFERENCE ROOM

The City Council will meet in an Executive Session on Thursday, December 15, 2005, at 5:00 P.M. in the Iwamizawa Conference Room, in accordance with Idaho Code 67 2345(1)(f) to consider and advise its legal representatives in pending litigation or where there is a general public awareness of probable litigation.

A G E N D A
CITY OF POCATELLO
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2005 - 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 Reverend Pamela Mayes, First Presbyterian 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 November 17, 2005.

(b) TREASURER'S REPORT: Council may wish to consider the Treasurer's Report for November, showing cash receipts and disbursements of November and cash on hand as of December 1, 2005, in the amount of $ .

(c) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADVISORY COMMITTEE REAPPOINTMENT: Council may wish to confirm the Mayor’s reappointment of Paula Jones to continue her service as a member of the CDBG Advisory Committee. Ms. Jones’ term will begin January 1, 2006, and will expire January 1, 2009.

(d) CONSTRUCTION BOARD OF APPEALS AND REVIEW REAPPOINTMENT: Council may wish to confirm the Mayor’s reappointment of Jerry Hodge to continue his service as a member of the Construction Board of Appeals and Review. Mr. Hodge’s term will begin December 31, 2005, and will expire December 31, 2007.

(e) PARKS AND RECREATION ADVISORY BOARD REAPPOINTMENT: Council may wish to confirm the Mayor’s reappointment of Kathy Morter to continue her service as a member of the Parks and Recreation Advisory Board. Ms. Morter’s term will begin December 19, 2005, and will expire December 19, 2007.

(f) PROPERTY MAINTENANCE APPEAL BOARD APPOINTMENT: Council may wish to confirm the Mayor’s appointment of Linda Burke to serve as a member of the Property Maintenance Appeal Board, replacing Terry Bell who moved. Ms. Burke’s term will begin December 16, 2005, and should expire February 4, 2006, but will be extended to December 16, 2008.

(g) PROPERTY MAINTENANCE APPEAL BOARD REAPPOINTMENT: Council may wish to confirm the Mayor’s reappointment of Mari Tusch to continue her service as a member of the Property Maintenance Appeal Board. Ms. Tusch’s term will begin January 22, 2006, and will expire January 22, 2008.

(h) GOUNDWATER MONITORING CONTRACT: Council may wish to approve, subject to Legal Department approval, a contract with CH2M Hill to provide annual groundwater monitoring services at the Pocatello Creek Landfill. CH2M Hill has provided this service for the past 11 years.

(i) COUNCIL DECISION: Council may wish to adopt its Decision of December 1, 2005, allowing KDFJ, Inc. to store heavy equipment on the Pro Rentals site at the corner of Garrett Way and Connor streets without conforming to parking lot development standards.

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: CONFIRMATION OF APPOINTMENT: Council may wish to confirm the Mayor’s appointment of Steve Szymanski as the new Street Superintendent effective January 1, 2006.

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-REALLOCATION 2005/2006 CDBG FUNDS: Council may wish to consider any and all comments received during the required written comment period which ended on December 15, 2005, for the reallocations recommended by the Community Development Block Grant (CDBG) Advisory Committee. The reallocations involve approximately $73,594.00 of funding within the 2005/2006 CDBG Action Plan that commenced on April 1, 2005 and will end March 31, 2006. The Council may wish to endorse or modify the 2005/2006 Action Plan reallocations and authorize forwarding the changes to the United States Department of Housing and Urban Development.

AGENDA ITEM NO. 9: PUBLIC HEARING-2006/2007 CDBG ACTION PLAN: Council may wish to consider any and all comments received during the required written comment period which ended on December 15, 2005, for the Action Plan and allocations recommended by the Community Development Block Grant (CDBG) Advisory Committee. Once approved, the Action Plan will govern spending and activities involving CDBG funds from April 1, 2006, to March 31, 2007. Funding requests totaled $675,918.00 and the City anticipates receiving approximately $583,000.00 (including income generated by existing programs). Therefore, $92,918.00 in requests cannot be funded. The Council may wish to endorse or modify the 2006/2007 Action Plan and authorize forwarding of the Plan to the United States Department of Housing and Urban Development (HUD). The Council may also wish to authorize the Mayor’s signature on all requisite contract documents with HUD and any sub-recipients or subcontractors of these funds subject to Legal Department review.

AGENDA ITEM NO. 10: PUBLIC HEARING-INTENT TO SELL REAL PROPERTY: This time has been set aside for the Council to receive comments from the public regarding the City’s intent to sell and convey the real property located near the old City of Alameda Landfill on Pocatello Creek Road. Council may also wish to set January 19, 2006, as the date for the public auction of said property.

AGENDA ITEM NO. 11: CONDITIONAL USE PERMIT ELIGIBILITY: Hal Jensen of Lystrup/Jensen Architects (mailing address: 1133 Call Creek Place, Pocatello ID 83201), representing the Church of Jesus Christ of Latter-Day-Saints, requests permission to apply for a conditional use permit (CUP) to allow expansion of the parking lot for their building at 954 Walnut. The proposed expansion would be directly north of the building. The property is located within a Residential zoning district with an open space factor of 2.0 with a Critical Stabilization Area (CSA) overlay. The request to apply for a CUP is necessary because Municipal Code 17.20.130 states that conditional use permits for nonresidential uses may only be requested on vacant tracts of land or in existing nonresidential structures within a CSA. There are two residential structures located where the church proposes the parking lot.

AGENDA ITEM NO. 12: FINAL PLAT-VINEYARD COURTS SUBDIVISION 2ND ADDITION: Dustin Morrison (mailing address: 4755 Heidi Court, Chubbuck ID 83202), represented by Rocky Mountain Engineering and Surveying (mailing address: 155 South 2nd Avenue, Pocatello ID 83201), has submitted a final plat to subdivide an area of approximately 7.70 acres of land into 26 residential lots. The property is located west of Satterfield Drive, on extensions of Sonoma and Hillview and is to be known as Vineyard Courts Subdivision 2nd Addition. The Community Development Commission recommended approval of the preliminary plat with conditions at their October 12, 2005, meeting. The conditions have been incorporated into the final plat. City Public Works staff recommends approval with the conditions listed in the staff report.

AGENDA ITEM NO. 13: LEASE AGREEMENT: Council may wish to approve a lease agreement between the City of Pocatello and Big Sky Transportation Company for property at the Pocatello Regional Airport. Big Sky will operate commercial flights between Pocatello and Boise. The lease will be for a two-year period with a monthly rental rate of $1,866.10.

AGENDA ITEM NO. 14: INTERGOVERNMENTAL AGREEMENTS: Council may wish to enter into an Intergovernmental Agreement with Bannock County whereby the City would provide animal shelter services in exchange for certain fees. The fees proposed for the services would be $35.00 per animal or litter and $10.00 a day impoundment fee. Bannock County would also waive any fees for disposal of dead animals. The Council may also wish to extend the above fees to cities with similar contracts, namely: American Falls, Inkom, McCammon, Downey, Lava Hot Springs, Arimo, Montpelier and Preston.

AGENDA ITEM NO. 15: 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.

15. (a) An ordinance providing that the Animal Shelter Advisory Board shall continue as an advisory board to the City Council and that the provisions for the Board shall be established by resolution. (Prepared for reading under rules suspension.)

AGENDA ITEM NO. 16: RESOLUTION: Council may wish to adopt a resolution that states the Animal Shelter Advisory Board will continue to function as an Advisory Board for the City.

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.

Pocatello City Council Agendas for December 1, 2005

2005-11-29T06:30:00.000-07:00

A G E N D A
CITY OF POCATELLO
REGULAR CITY COUNCIL MEETING
DECEMBER 1, 2005 - 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 5:00 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 Major Ben LaBarge, Salvation Army.

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 November 3, 2005, and the Study Session of November 10, 2005.

(b) PAYROLL AND MATERIAL CLAIMS: Council may wish to consider payroll and material claims for the month of November in the amount of $ .

(c) CONCESSION LICENSE: Council may wish to approve a Concession License for School District #25 to allow sale of concessions at school sponsored activities at OK Ward Park.

(d) RIGHT-OF-WAY USE AGREEMENT: Council may wish to approve a Right-Of-Way Use Agreement between the City of Pocatello and Hartland Ranches. The Agreement would allow Hartland Ranches to operate a horse drawn wagon ride business on various streets in the City.

(e) GRANT ACCEPTANCE: Council may wish to accept, subject to Legal Department approval, a matching grant from GameTime to help with the purchase of a play structure. The $14,621.50 grant will cover half the equipment cost of a structure that will be placed in a City park. The grant was awarded by Great Western Park and Playground.

(f) COOPERATIVE FIRE PROTECTION AGREEMENT: Council may wish to renew the Cooperative Fire Protection Agreement, known as the Gateway Interagency Fire Front. The Mutual Aid Agreement involves local and federal agencies that could respond to fires in the wildland urban interface areas around Pocatello. The City has been an active member of this group since 1987.

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: BIDS: Council may wish to consider awarding bids received on November 15, 2005, for various equipment:

(a) Street: A Wheeled-Type Front End Loader. Low responsive bid was received from Western States Equipment Company who submitted a 5 year lease proposal with annual payments of $24,124.48.

(b) Street: A Wheeled Backhoe/Loader. Low responsive bid was received from Western States Equipment Company who submitted a 5 year lease proposal with annual payment of $11,712.06.

(c) Parks: A Four-Wheel Drive Tractor with Cab and Broom. Low responsive bid was received from Burks Tractor Company who submitted a bid of $26,200.00.

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-SIGN EXCEPTION APPEAL: This time has been set aside for the Council to hear public comments concerning an appeal by BBAD Development LLC (mailing address: 444 Hospital Way #777, Pocatello ID 83201), represented by Retha Cain of Electrovision Signs (mailing address: 598 Willard, Pocatello ID 83201), of a decision by the Community Development Commission where they denied a request for a sign exception. The proposed video screen sign would be located at the North Cliffs Business Park, 4033 South 5th Avenue, and would advertise both on and off premises establishments.

AGENDA ITEM NO. 9: REMOVAL OF DEED RESTRICTION: Bill Isley of Tuscany Development Company (mailing address: 444 Hospital Way #777, Pocatello ID 83201) requests to remove a deed restriction requiring joint ownership of two lots. One of the lots is located in the Tuscany Professional Plaza and the other lot is a residential property located on Woodhill Way. Planning and Development Services recommends approval of the request.

AGENDA ITEM NO. 10: REQUEST FOR EXCEPTION TO PARKING LOT STANDARDS: Kim Fowler of KDFJ, Inc. (mailing address: 1525 N. Woodruff Avenue, Idaho Falls ID 83401) requests an exception be granted to allow a gravel parking lot for storage of heavy equipment on the corner of Garrett Way and East Connor. The exception would be to Municipal Code Sections 17.36.050 and 17.44.030(F) which outlines performance standards, setbacks and parking lot standards. Engineering and Planning staffs recommend denial.

AGENDA ITEM NO. 11: UTILITY CONNECTIONS: Council may wish to approve, subject to Legal Department approval, a request from ICB Manufacturing Corporation d/b/a Time Laboratories for property outside the City limits, located south of Darby Road on South 5th Avenue, to be connected to City water and sewer. A Utility Connection Annexation Covenant has been completed and the applicant will be required to pay outside City utility rates, associated connecting fees, and a reimbursement fee to School District #25.

The next three items are public hearings that deal with the same piece of property. Therefore, all pertinent information is complied into one document.

AGENDA ITEM NO. 12: PUBLIC HEARING-COMPREHENSIVE PLAN LAND USE MAP CHANGE: This time has been set aside for the Council to hear public comments on a request by Dustin Morrison (mailing address: 4755 Heidi Court, Chubbuck ID 83202), represented by Rocky Mountain Engineering and Surveying (mailing address: 155 South 2nd Avenue, Pocatello ID 83201), for proposed changes to the Comprehensive Plan Land Use Map for the City of Pocatello. The changes would enlarge the Urban Service Boundary in the area on the east bench, east of South 5th, south of Garton Lane, and north of Hildreth Road and adopt the Comprehensive Plan designations for the area. Following a public hearing, at their meeting of November 2, 2005, the Community Development Commission recommended approval of the changes.

AGENDA ITEM NO. 13: PUBLIC HEARING-ANNEXATION AND ZONING REQUEST: This time has been set aside for the Council to hear public comments on a request by Dustin Morrison (mailing address: 4755 Heidi Court, Chubbuck ID 83202), represented by Rocky Mountain Engineering and Surveying (mailing address: 155 South 2nd Avenue, Pocatello ID 83201), to annex with an agreement and zone, with a mixed zone designation, an approximately 454.40-acre area of land extending the City limits on the east bench, east of South 5th, south of Garton Lane, and north of Hildreth Road. Following a public hearing that started at their meeting of October 19, 2005, the Community Development Commission recommended approval of the request.

AGENDA ITEM NO. 14: PUBLIC HEARING-MASTER DEVELOPMENT PLAN: This time has been set aside for the Council to hear public comments on a proposed Master Development Plan for Southern Hills Developments as presented by Dustin Morrison (mailing address: 4755 Heidi Court, Chubbuck ID 83202), represented by Rocky Mountain Engineering and Surveying (mailing address: 155 South 2nd Avenue, Pocatello ID 83201). Following a public hearing that started at their meeting of October 19, 2005, the Community Development Commission recommended approval of the request.

AGENDA ITEM NO. 15: 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.

15. (a) An ordinance providing that the Animal Shelter Advisory Board shall continue as an advisory board to the City Council and that the provisions for the Commission shall be established by resolution. (Prepared for reading under rules suspension.)

AGENDA ITEM NO. 16: RESOLUTION: Council may wish to adopt a resolution that states the Animal Shelter Advisory Board will continue to function as an Advisory Board for the City.

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.

EXECUTIVE SESSION MEETING NOTICE
CITY COUNCIL
CITY OF POCATELLO, IDAHO
DECEMBER 6, 2005 – 8:30 A.M.
IWAMIZAWA CONFERENCE ROOM

The City Council will meet in an Executive Session on Tuesday, December 6, 2005, at 8:30 A.M. in the Iwamizawa Conference Room, in accordance with Idaho Code 67 2345(1)(f) to consider and advise its legal representatives in pending litigation or where there is a general public awareness of probable litigation.

CITY COUNCIL NOTICE
CITY OF POCATELLO, IDAHO
DECEMBER 14, 2005 – 11:30 A.M.
CITY COUNCIL CHAMBERS

Notice is hereby given that there is a possibility a quorum of the City Council could be present at a luncheon on Wednesday December 14, 2005, which would constitute a formal meeting of the Council. The luncheon will start at 11:30 A.M. and will be held in the City Council Chambers. The purpose of the luncheon is for the Council to discuss City projects and priorities with representatives from The Larry Grossman Group, LLC.

The City 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.

Pocatello City Council Agendas for November 17, 2005

2005-11-15T07:54:00.000-07:00

A G E N D A CITY OF POCATELLO
REGULAR CITY COUNCIL MEETING
NOVEMBER 17, 2005 - 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 Ron Peace, representing the Bahai Faith.

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 October 20, 2005, and the Board of Canvassers meeting of November 10, 2005.

(b) TREASURER'S REPORT: Council may wish to consider the Treasurer's Report for October, showing cash receipts and disbursements of October and cash on hand as of November 1, 2005 in the amount of $ .

(c) HUMAN RELATIONS ADVISORY COMMITTEE APPOINTMENT: Council may wish to confirm the Mayor’s appointment of Heidi Harold to serve as a member of the Human Relations Advisory Committee, replacing Linda Zweigart who resigned. Ms. Harold’s term will begin November 18, 2005, and will expire October 4, 2006.

(d) SISTER CITIES COMMITTEE APPOINTMENT: Council may wish to confirm the Mayor’s appointment of Jeremy Larsen to serve as a member of the Japanese Subcommittee of the Sister Cities Committee, replacing Jim Allen whose term expired. Mr. Larsen’s term will begin November 18, 2005, and will expire November 18, 2009.

(e) ROAD AND STREET FINANCIAL REPORT: Council may wish to approve the Fiscal Year 2005 Annual Road and Street Report for submission to the State Auditor, per Idaho Code 40-708. This year’s report notes $3,640,786.00 expended for road and street maintenance, financed with $1,958,822.00 in State Highway User revenue and $1,681,964.00 in local funding.

(f) RESOLUTION: Council may wish to adopt a resolution authorizing destruction of the paper copies of vendor invoices, journal entries, cash receipts, and check and deposit slips from the 2000-2004 Fiscal Years. The documents will be successfully scanned and preserved in digital format before being destroyed.

(g) POLICE RETIREMENT BOARD ELECTION: Council may wish to acknowledge that the winners of the Police Retirement Board Election, held on November 2, 2005, were Ed Austin, Elden Bybee and R. L. Fackrell and that the individuals elected will take office on January 5, 2006.

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: GRAVEL CRUSHING BID: Council may wish to consider a joint bid received on November 8, 2005, by Bannock County on behalf of the County and the City of Pocatello for crushing gravel. J.K. Merrill submitted the low bid in the amount of $56,250.00 for crushing 25,000 tons of ¾ base aggregate for the City of Pocatello Water Department. If Council wishes to accept the bid, the signing of the contract should be subject to Legal Department’s review.

AGENDA ITEM NO. 8: PIGGY BACK BIDS: Council may wish to consider “piggy backing” on bids received by the State of Idaho for the following equipment:

(a) Police: Four (4) 2006 Ford Police Crown Victoria police vehicles from Dan Wiebold Ford of Nampa, Idaho in the amount of $21,476.00 each for a total purchase price of $85,904.00.

(b) Police: One (1) 2006 Ford Expedition four wheel drive SUV from Dan Wiebold Ford of Nampa, Idaho in the amount of $24,924.00.
AGENDA ITEM NO. 9: PIGGY BACK BID: Council may wish to consider “piggy backing” on a bid received by Western States Contracting Alliance for procurement of radio equipment. If approved the City would utilize an existing Western States Contracting Alliance Agreement (Contract #02702) to purchase 297 mobile radios from Motorola at a total cost of $722,898.00. These mobile radios are part of the equipment outlined in the COPS Interop-2005-1 Grant, previously accepted by the City, and all radios are destined for allied agencies, such as Bingham County. Therefore, no City funds are required for match for this equipment.

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. 10: PUBLIC HEARING-REALLOCATION 2005/2006 CDBG FUNDS: Council may wish to accept oral comments and then continue the 30-day written comment period that began on Monday, November 7, 2005, for the reallocations recommended by the Community Development Block Grant (CDBG) Advisory Committee at their meeting of November 3, 2005. The reallocations involve approximately $73,594.00 of funding within the 2005/2006 CDBG Action Plan that commenced on April 1, 2005, and will end March 31, 2006. Final consideration on endorsing the proposed reallocations will occur at the December 15, 2005, Regular City Council meeting.

AGENDA ITEM NO. 11: PUBLIC HEARING: PROPOSED 2006/2007 CDBG ACTION PLAN: This time has been set aside for Council to receive public comment on the Community Development Block Grant (CDBG) Advisory Committee’s proposed 2006/2007 Action Plan. The Committee recently concluded its annual grant application process and has provided recommendations for the 10th year funding levels. Funding requests totaled $675,918.00 and the City anticipates receiving approximately $583,000.00 (including income generated by existing programs). Therefore $92,918.00 in requests cannot be funded. Following the public hearing, the Council may wish to endorse or modify the Advisory Committee’s recommendations and then continue the 30-day written comment period that began on Monday, November 7, 2005. Final consideration on endorsing and forwarding of the 2006-2007 Action Plan to the Department of Housing and Urban Development will occur at the December 15, 2005, Regular City Council meeting.

AGENDA ITEM NO. 12: CONDITIONAL USE PERMIT ELIGIBILITY: Barlow Briggs of Horizon of Pocatello, LLC (mailing address: 3441 South 2200 West, Salt Lake City UT 84119) requests permission to apply for a conditional use permit to allow expansion of the parking lot for their building at 1090 Hiline Road. The proposed expansion would be directly north of the building. The parking lot would provide additional parking for the State of Idaho Health and Welfare Department that leases the building. The property is located within a Residential zoning district with an open space factor of 60.0. The request to apply for conditional use permit is necessary as parking lots for professional office uses are conditionally permitted only in Residential zoning districts with an open space factor of 2.0 or less as per Municipal Code 17.20.100(0).

AGENDA ITEM NO. 13: UTILITY CONNECTION: Council may wish to approve a request from James Betty for property outside the City limits, located at 3165 Bannock Highway, to be connected to City water. Mr. Betty has completed the Utility Connection Annexation Covenant and will be required to pay outside City water rates and associated connecting fees.

AGENDA ITEM NO. 14: UTILITY CONNECTION: Council may wish to approve a request from Staci McDonald for property outside the City limits, located at 3189 Bannock Highway, to be connected to City water. Ms. McDonald has completed the Utility Connection Annexation Covenant and will be required to pay outside City water rates and associated connecting fees.

AGENDA ITEM NO. 15: UTILITY CONNECTION: Council may wish to approve a request from Steve Orr and Rita Orr for property outside the City limits, located at 3852 North Gateway Drive, to be connected to City water and sewer. Mr. and Mrs. Orr have completed the Utility Connection Annexation Covenant and will be required to pay outside City utility rates, associated connecting fees, and a reimbursement fee to School District #25. Council approval should be contingent upon Bannock County Planning and Development Council’s approval of placing the home on the lot.

AGENDA ITEM NO. 16: GRANT ACCEPTANCE: Council may wish to accept a grant awarded to the City of Pocatello on behalf of School District #25 for procurement and installation of surveillance camera equipment. The grant is in the amount of $250,159.00 and is from the Department of Justice, COPS-SOS-2005-1. The $125,080.00 match will be paid by School District #25.

AGENDA ITEM NO. 17: 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.

Ordinances being read.

17. (a) An ordinance repealing and reenacting Section 12.36.030 of the City Code to provide that parks and public places shall be open from 6:00 in the morning until one hour after sunset except for City-sponsored or approved events. (Third reading.)

17. (b) An ordinance repealing and reenacting Chapter 8.16 “Inoperative, Unauthorized, and Unregistered vehicles and Materials” of the City Code. (Third reading.)

Ordinances ready for reading.

17. (c) An ordinance abandoning and vacating a portion of Lamb Road south of the Portneuf River and East of South Grant. (Prepared for reading under rules suspension.)

17. (d) An ordinance annexing and zoning approximately 10.41 acres of land located east of Granite Drive and Ridgewood Road, the area will be known as Summit Hills 2nd Addition. (Prepared for reading under rules suspension.)
17. (e) An ordinance annexing and zoning a portion of land east of Satterfield Drive, the area will be known as Sunbrook 1st Addition. (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 statement supporting the decision.

COMMUNITY DEVELOPMENT COMMISSION Meeting 10/26/2005

2005-10-24T06:51:00.000-06:00

Wednesday, October 26, 2005
Iwamizawa Conference Room, Municipal Building*
911 North Seventh
6:30 p.m.

*Persons with disabilities who require accommodation to access or participate in the programs of the City of Pocatello may make requests for accommodation at least three (3) days in advance of such requirement through the office of the ADA Coordinator. Contact: Ron Binggeli, ADA Coordinator; voice phone: (208)232.5057; TDD (208)232.0988; e-mail: rbinggeli@pocatello.us; fax: (208)233.5149; mailing address: PO Box 4169, Pocatello, ID 83205-4169; physical address: 215 W. Bonneville, Pocatello, ID.

COMMUNITY DEVELOPMENT COMMISSION
(CDC)

The Community Development Commission is a citizen advisory group to the City Council. They are charged with making recommendations concerning land use plans, planning processes and/or on matters of plan implementation. All regular meetings of the CDC are quasi-judicial in nature and are recorded for record retention and minute transcription.

AGENDA CLARIFICATION MEETING: A meeting will be held at 6:00 p.m. in the Iwamizawa Conference Room at City Hall, prior to the regular meeting for clarification of the agenda.

The following is the official agenda of the Community Development Commission. Discussion and Commission action will be limited to those items on the agenda. Any citizen who wishes to address the Commission shall first be recognized by the Chairman, and shall give his/her name and address for the record. If a citizen wishes to read documentation of any sort to the Commission, he/she shall first seek permission from the Chairman. A three (3) minute time limitation is requested for Commission presentations.

AGENDA ITEM NO. 1: DISCLOSURE OF CONFLICT OF INTEREST, EX-PARTE COMMUNICATION AND SITE VISIT
Disclose who was talked to, the basic substance of the conversation and whether the conversation had any influence. Disclose if a site visit was done, location(s) of the visit and what was seen.

AGENDA ITEM NO. 2: APPROVAL OF MINUTES FOR 9/14/05, 10/5/05 AND 10/12/05

AGENDA ITEM NO. 3: PRELIMINARY PLAT – WILDLIFE RIDGE SUBDIVISION
Mike Williams, represented by Rocky Mountain Engineering and Surveying, requests to subdivide an approximately 14.16-acre area of land into 43 residential lots and one common lot. The subject property is located south of Barton Road, west of American Road and north of Swisher Road and is to be known as Wildlife Ridge Subdivision.

Estimated time: 20 minutes

AGENDA ITEM NO. 4: PUBLIC HEARING – WIRELESS COMMUNICATION FACILITY
The Commission will hear comments from the public concerning a request by Jerry Hanson of Technology Associates, representing Verizon Wireless, for a wireless communication facility to be located at 2100 Pocatello Creek Road. The property is located within a Residential zoning district. Municipal Code 15.42.040(F2) does not allow freestanding wireless communication facilities within a residential zoning district without approval from the Community Development Commission through the public hearing process.

Estimated time: 30 minutes

AGENDA ITEM NO. 5: PUBLIC HEARING – SIGN EXCEPTION
The Commission will hear comments from the public concerning a request by Tony Golsarry of Blaze Sign Company, representing Premier Outdoor, LLC, for four billboards 10’ x 30’ (300 square feet) in area and 35 feet in height to be located along Hurley Drive and Poleline Road, within the Pocatello Square development area currently under construction. The property is located within a Commercial General zoning district. Municipal Code 15.20.240 requires a 21-day waiting period before a permit is issued during which time any aggrieved person may make a written protest and request a hearing and consideration of the request by the CDC. Five letters of protest have been received for these billboards.

Estimated time: 20 minutes

AGENDA ITEM NO. 6: PUBLIC HEARING – SIGN EXCEPTION
The Commission will hear comments from the public concerning a request by Dennis Jablonski of Sign a Rama, representing Idaho Kidney Institute, for an exception to the Sign Code to allow a wall sign at 444 Hospital Way that exceeds the allowable signage in Neighborhood Commercial Professional zoning districts. Municipal Sign Code 15.20.180 allows a 32 square foot directory-type sign at each main entrance in the Neighborhood Commercial Professional zoning district.

Estimated time: 20 minutes

AGENDA ITEM NO. 7: CONTINUED CONSIDERATION – SIGN EXCEPTION
The Commission may wish to continue consideration of the request by Retha Cain of Electrovision Signs, representing BBAD Investments, for an exception to the Sign Code for signage to be located at the entrance to the North Cliffs Business Park at 4033 South 5th Avenue, within a Commercial General zoning district. The applicant requests an 8’ x 12’ LED pole sign be allowed to advertise the businesses within the business park in addition to off-premise businesses. The public hearing was held at the CDC’s 7/27/05 meeting.

Estimated time: 10 minutes

AGENDA ITEM NO. 8: CONTINUED CONSIDERATION – SIGN EXCEPTION
The Commission may wish to continue consideration of the request by Retha Cain of Electrovision Signs, representing Larry Fisher of the Black Swan Inn, for an exception to the Sign Code for signage to be located at the Black Swan Inn at 746 East Center, within a Commercial General zoning district. The applicant requests a 6’ x 9’ pole sign to advertise their own business and a 4’ x 9’ LED sign which can advertise off-premise businesses.

Estimated time: 20 minutes

Pocatello Council Meeting October 20, 2005

2005-10-18T00:39:00.000-06:00

A G E N D A
CITY OF POCATELLO
REGULAR CITY COUNCIL MEETING

OCTOBER 20, 2005 - 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 Elder Tim Tingey, Church of Jesus Christ of Latter Day Saints.

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 September 15, 2005, and the Executive Session of October 6, 2005.

(b) TREASURER'S REPORT: Council may wish to consider the Treasurer's Report for September, showing cash receipts and disbursements of September and cash on hand as of October 1, 2005, in the amount of $ .

(c) AIRPORT COMMISSION APPOINTMENTS: Council may wish to confirm the Mayor’s appointments of Robert McLaughlin and John Brokens to serve as members of the Airport Commission. Mr. Brokens will serve as the Bannock County representative and both terms will begin October 21, 2005, and will expire October 21, 2007.

(d) CHILD CARE ADVISORY COMMITTEE APPOINTMENT: Council may wish to confirm the Mayor’s appointment of Chrystal Martin to serve as a member of the Child Care Advisory Committee. Ms. Martin’s term will begin October 21, 2005, and will expire November 6, 2009.

(e) CHILD CARE ADVISORY COMMITTEE REAPPOINTMENTS: Council may wish to confirm the Mayor’s reappointments of Marie Austin, Joyce Horsch, and Sharon Williams to continue their service as members of the Child Care Advisory Committee. All terms will begin November 6, 2005, and expire November 6, 2009.

(f) CIVIL SERVICE COMMISSION APPOINTMENT: Council may wish to confirm the Mayor’s appointment of Pete Black to serve as a member of the Civil Service Commission. Mr. Black’s term will begin October 21, 2005, and will expire October 6, 2006.

(g) FORT HALL REPLICA COMMISSION APPOINTMENT: Council may wish to confirm the Mayor’s appointment of Tara Rowe to serve as a member of the Fort Hall Replica Commission. Ms. Rowe’s term will begin October 21, 2005, and will expire October 21, 2009.

(h) COUNCIL DECISION-TREVISION DEVELOPMENT: Council may wish to adopt its decision of August 4, 2005, denying the appeal and affirming the Community Development Commission’s denial of the request to allow placement of five (5) off-premises billboard signs within the new Pocatello Square development.

(i) COUNCIL DECISION-SOUTHEAST IDAHO GASTROENTEROLOGY CENTER: Council may wish to adopt its decision of October 6, 2005, granting a conditional use permit, with conditions, to Southeast Idaho Gastroenterology Center for a parking lot to be constructed on the southeast corner of Birdie Thompson Drive and Hospital Way.

(j) COUNCIL DECISION-SHAVER: Council may wish to adopt its decision of October 6, 2005, granting a variance from parking lot requirements, with conditions, to Tori and Lorri Shaver for a building to be constructed at 235 South 4th Avenue.

(k) COUNCIL DECISION-EVEN PAR ESTATES: Council may wish to adopt its decision of October 6, 2005, approving, with conditions, the final plat for Even Par Estates which is located at the intersection of Bannock Highway and Country Club Drive.

(l) COUNCIL DECISION-SWISHER HILLS SUBDIVISION: Council may wish to adopt its decision of October 6, 2005, approving, with conditions, the final plat for Swisher Hills Subdivision which is located on the north side of Swisher Road off Jason Avenue.

(m) DAY CARE EMPLOYEE LICENSE DENIAL: Council may wish to accept the recommendation of the Police Chief and deny the Day Care Employee License for Kimberley Herron.

(n) DAY CARE EMPLOYEE LICENSE DENIAL: Council may wish to accept the recommendation of the Police Chief and deny the Day Care Employee License for Macey Dance.

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.)

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-DEAN: Patricia Dean (mailing address: 209 South 13th Avenue, Pocatello ID 83201) requests a variance from rear yard setback requirements for an addition onto the residence at 209 South 13th Avenue. The applicant proposes a 10-foot 8-inch rear yard setback where Municipal Code 17.20.170 requires 20 feet. The property is located within a Residential zoning district with an open space factor of 2.0 with a critical stabilization area overlay. Following a public hearing on September 22, 2005, Hearing Examiner Keeven Shropshire recommended approval of the request.

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-ANNEXATION AND ZONING-SUMMIT HILLS 2ND ADDITION: This time has been set aside for the Council to hear comments from the public concerning a request by Kent Yost of Cedar Crest Corporation (mailing address: PO Box 4987, Pocatello ID 83205), represented by J. Mitchell Greer of Rocky Mountain Engineering and Survey (mailing address: 155 South 2nd Avenue, Pocatello ID 83201), to annex and zone Summit Hills 2nd Addition an approximately 10.41 acre area of land extending the City limits east of Granite Drive, on an extension of Ridgewood Road. The request is to zone the property Residential with an open space factor of 6.0. Following a public hearing on September 28, 2005, the Community Development Commission recommended approval of the request.

AGENDA ITEM NO. 9: PUBLIC HEARING-ANNEXATION AND ZONING-SUNBROOK 1ST ADDITION: This time has been set aside for the Council to hear comments from the public concerning a request by Ryan Satterfield of Satterfield Realty and Development (mailing address: 1133 Call Creek Place, Pocatello ID 83201), represented by J. Mitchell Greer of Rocky Mountain Engineering and Surveying (mailing address: 155 South 2nd Avenue, Pocatello ID 83201), to annex and zone Sunbrook 1st Addition an approximately 54.52 acre area of land extending the City limits east of Satterfield Drive, at extensions of Sunrise Way and Shelly Place. The request is to zone the property Residential with an open space factor of 3.5. Following a public hearing on September 28, 2005, the Community Development Commission recommended approval with an open space factor of 4.0.

AGENDA ITEM NO. 10: PUBLIC HEARING-VACATION OF RIGHT-OF-WAY LAMB ROAD: This time has been set aside for the Council to hear comments from the public concerning a request by Gary Ratliff (mailing address: 3960 South 2nd Avenue, Pocatello ID 83201), represented by Rocky Mountain Engineering and Surveying (mailing address: 155 South 2nd Avenue, Pocatello ID 83201), to vacate and abandon the public’s interest in portions of existing right-of-way of Lamb Road, south of the Portneuf River and east of South Grant. Planning staff recommends approval with conditions.

AGENDA ITEM NO. 11: CDBG SUBRECIPIENT THRESHOLD EXCEPTION: Council may wish to approve an individual threshold exception as allowed in the City’s 2002-2007 Consolidated Plan to a subrecipient wishing to apply for 2006-2007 funding who has not drawn 50% or more of their 2005-2006 Community Development Block Grant (CDBG) award. Pocatello Neighborhood Housing Services is requesting the exception. The CDBG Advisory Committee, at its meeting of October 11, 2005, recommended approval of the request.

AGENDA ITEM NO. 12: EASEMENT REQUEST: Citizens Community Bank (mailing address: 280 South Arthur, Pocatello ID 83204) request that the Council grant them an easement across the public alley in Block 450, Old Pocatello Townsite, to install an underground fiber optic data traffic feed from the Bank’s building at 280 South Arthur to its proposed new administration building at 205 South Main. Citizens Community Bank will prepare engineering drawings depicting the 20 foot wide diagonal easement and an Easement Document which will comply with City requirements. The Engineering and Legal Departments recommend approval of the request.

AGENDA ITEM NO. 13: JOINT EXERCISE OF POWERS AGREEMENT: Council may wish to approve a Joint Exercise of Powers Agreement with the State of Idaho which will allow the Pocatello Fire Department to be the Southeast Idaho Emergency Response Team for hazardous substance emergencies.

AGENDA ITEM NO. 14: GRANT ACCEPTANCE: Council may wish to accept the Community Oriented Policing Services Interoperable Communications Technology Program Grant. The grant will allow shared radios and communications systems with the City of Pocatello and various area public safety agencies.

AGENDA ITEM NO. 15: 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.

Ordinances Ready for Reading

15. (a) An ordinance amending Section 15.08.030(B) of the City Code to provide that property owners performing electrical work on their primary or secondary residences are not required to be licensed. (Prepared for reading under rules suspension.)

15. (b) An ordinance amending Section 5.28.210 of the City Code reorganizing the section and specifically listing additional conduct or events which are grounds for denial, suspension, or revocation of day care licenses. (Prepared for reading under rules suspension.)

15. (c) An ordinance repealing and reenacting Section 12.36.030 of the City Code to provide that parks and public places shall be open from 6:00 in the morning until one hour after sunset except for City-sponsored or approved events. (Prepared for three readings.)

15. (d) An ordinance repealing and reenacting Chapter 8.16 “Inoperative, Unauthorized, and Unregistered vehicles and Materials” of the City Code. (Prepared for three readings.)

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.

COMMUNITY DEVELOPMENT COMMISSION 10/19/2005

2005-10-17T07:16:00.000-06:00

The Community Development Commission is a citizen advisory group to the City Council. They are charged with making recommendations concerning land use plans, planning processes and/or on matters of plan implementation. All regular meetings of the CDC are quasi-judicial in nature and are recorded for record retention and minute transcription.

AGENDA CLARIFICATION MEETING: A meeting will be held at 6:00 p.m. in the Iwamizawa Conference Room at City Hall, prior to the regular meeting for clarification of the agenda.

The following is the official agenda of the Community Development Commission. Discussion and Commission action will be limited to those items on the agenda. Any citizen who wishes to address the Commission shall first be recognized by the Chairman, and shall give his/her name and address for the record. If a citizen wishes to read documentation of any sort to the Commission, he/she shall first seek permission from the Chairman. A three (3) minute time limitation is requested for Commission presentations.

AGENDA ITEM NO. 1: DISCLOSURE OF CONFLICT OF INTEREST, EX-PARTE COMMUNICATION AND SITE VISIT
Disclose who was talked to, the basic substance of the conversation and whether the conversation had any influence. Disclose if a site visit was done, location(s) of the visit and what was seen.

AGENDA ITEM NO. 2: PUBLIC HEARING – ANNEXATION
Dustin Morrison, represented by Rocky Mountain Engineering and Surveying, requests to annex and zone an approximately 456.99-acre area of land extending the City limits east of South 5th, south of Garton Lane, and north of Hildreth Road.

AGENDA ITEM NO. 3: PUBLIC HEARING - MASTER DEVELOPMENT PLAN
Dustin Morrison, represented by Rocky Mountain Engineering and Surveying, has submitted a proposed Master Development Plan for Southern Hills Development for public comment.

AGENDA ITEM NO. 4: COMPREHENSIVE PLAN MAP CHANGE
The Commission may wish to remove from the table the request for changes to the Comprehensive Plan Land Use Map for the City of Pocatello, specifically enlarging the Urban Service Boundary in the area east of South 5th, south of Garton Lane, and north of Hildreth Road and adopting Comprehensive Plan designations for the area. This request is made by Dustin Morrison, represented by Rocky Mountain Engineering and Surveying, and the City of Pocatello, represented by Matthew Lewis.

POCATELLO DEVELOPMENT AUTHORITY TO MEET OCTOBER 19

2005-10-13T07:49:00.000-06:00

POCATELLO DEVELOPMENT AUTHORITY
Board of Commissioners Meeting
October 19, 2005
11:00 a.m.
City Hall
911 North 7th Avenue

11:00 a.m. Council Chambers

Call to Order – Chairman Neuhardt

Acknowledge Guests of Board, if any

Disclosure of Conflicts of Interest, if any

Agenda - Add or Delete Action or Discussion Items

Action and Discussion Items:

Minutes for September 21, 2005 – Motion to Approve and/or Amend

Minutes for October 10, 2005 – Motion to Approve and/or Amend

Financial Report: September Income and Expenses

Consider Approving Payment of 3rd Quarter 2005 Administrative Fees

Central Corridor
Consider Tori Shaver Project Application
Discussion on Whitman Hotel Project
Consider Approving Pay Request #73
Consider Approving Invoice #9933

Roosevelt
Consider Approving Invoice #2005339
Consider Approving Phase 4 Pay Request #2

North Yellowstone Urban Renewal Area:
Consider Approving Pay Request #19

Miscellaneous Items/Questions from Commissioners

Executive Session if Required

CITY COUNCIL STUDY SESSION TODAY

2005-10-13T07:44:00.000-06:00

A G E N D A
CITY OF POCATELLO, IDAHO
CITY COUNCIL STUDY SESSION
OCTOBER 13, 2005 -- 9:00 A.M.
COUNCIL CHAMBERS

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 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.

1: ROLL CALL.

2: HUMAN RELATIONS ADVISORY COMMITTEE UPDATE: Representatives from the Human Relations Advisory Committee will be present to discuss the Committee’s goals and projects, as well as Council’s policies and expectations.

3: POCATELLO YOUTH FORUM UPDATE: Representatives from the Pocatello Youth Forum will be present to discuss the Forum’s goals and projects, as well as Council’s policies and expectations.

4: OAKTREE MANOR SUBDIVISION REQUEST: At the July 14, 2005, City Council Study Session representatives from Oaktree Manor Subdivision requested that the City assume responsibility for the subdivision’s sewer system. This time has been set aside for staff to provide Council with information so the Council can make an informed decision on the request.

5: INTERSECTION CONCEPT REVIEW: Scott Ellsworth P.E., CH2M Hill Consulting Engineers, will be present to discuss the concept report for redesigning the Alameda Road, Garrett Way, Hawthorne Road Intersection.

6: DEVELOPMENT ORDINANCES: This time has been set aside to discuss possible changes to existing ordinances and potentially new ordinances related to development.

7: FIRE APPARATUS CAPITAL PLANNING: Representatives from the Finance and Fire Departments will be present to discuss a Fire Apparatus Capital Plan.

Pocatello City Council Agendas for October 6, 2005

2005-10-04T02:47:00.000-06:00

A G E N D A
CITY OF POCATELLO
REGULAR CITY COUNCIL MEETING
OCTOBER 6, 2005 - 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.

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 September 1, 2005, and the Study Session of September 8, 2005.

(b) PAYROLL AND MATERIAL CLAIMS: Council may wish to consider payroll and material claims for the month of September in the amount of $ .

(c) POCATELLO ARTS COUNCIL REAPPOINTMENT: Council may wish to confirm the Mayor’s reappointment of Rosemary Wigginton to continue her service as a member of the Pocatello Arts Council. Ms. Wigginton’s term will begin October 7, 2005, and will expire October 7, 2008.

(d) SISTER CITIES COMMITTEE APPOINTMENTS: Council may wish to confirm the Mayor’s appointments of Aya Powell and Joan Sayer to serve as members of the Japanese Subcommittee of the Sister Cities Committee. Both terms will begin October 7, 2005, and are non-expiring.

(e) CONCESSION LICENSE: Council may wish to grant a concession license to the University of Montana Alumni Association to allow food and beverages to be sold in Bonneville Park on October 8, 2005. They have paid the $50.00 fee and have made arrangements with the Parks and Recreation Department.

(f) APPROVAL OF GRANT SUBMITTAL: Council may wish to approve submittal of an Assistance to Firefighters Grant in the amount of $21,018.00. The Grant, if awarded, will provide $9,038.00 for hardware and a software program for fire prevention activities regarding business inspections, and $11,980.00 for a Sparky Hazard House Program to help educate children and senior citizens in home fire safety. No matching funds are required.

(g) INSURANCE POLICY RENEWAL: Council may wish to approve the Fiscal Year 2006 renewal of the existing policies of insurance which the City purchases from the Idaho Counties Risk Management Program.

(h) RATIFICATION OF EQUIPMENT DONATION: Council may wish to ratify the donation of surplus police equipment to law enforcement personnel affected by Hurricane Katrina. The equipment donated was body armor with expired service dates, old holsters and leather gear no longer used, batons no longer issued, and old uniforms, with identifying patches removed, that could not be re-issued.

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-FIRE TRUCK: Council may wish to Piggy-Back a bid, in the amount of $309,201.00, from Pierce Manufacturing for the purchase of a fire pumper. The bid was used in October of 2004 to purchase a pumper. If approved the City would save $19,696.00 from the price quoted to the City in March 2005.

HEARING EXAMINER RECOMMENDATIONS: The following are recommendations from the Hearing Examiner for a conditional use permit and variance.

The items appearing on the agenda from the Hearing Examiner allow for Council discussion only. The notices, public hearings and additional comments have already been presented to the Hearing Examiner.

AGENDA ITEM NO. 8: HEARING EXAMINER-CONDITIONAL USE PERMIT-SOUTHEAST IDAHO GASTROENTEROLOGY CENTER: Southeast Idaho Gastroenterology Center (mailing address: 110 Health Drive, Pocatello ID 83201), represented by R. George Ellis of The Brokerage (mailing address: 158 South Main Street, Pocatello ID 83204), requests a conditional use permit for a parking lot proposed to be constructed on the southeast corner of Birdie Thompson Drive and Hospital Way. The parking lot would provide additional parking for employees of the Southeast Idaho Gastroenterology Center across Hospital Way. Municipal Code 17.20.100 does not permit such use through the conditional use permit process in Residential zoning districts with open space factors greater than 2.0. However, the City Council at their February 17, 2005 Regular City Council meeting granted permission for the applicant to pursue the conditional use permit process. The site is located within a Residential zoning district with an open space factor of 3.5. Following a public hearing on September 8, 2005, Hearing Examiner Chuck Prince recommended denial of the request.

AGENDA ITEM NO. 9: HEARING EXAMINER-VARIANCE-SHAVER: Tori and Lorri Shaver (mailing address: 422 Spoon Drive, Pocatello ID 83204) request a variance from the parking lot requirements for a building to be constructed at 235 South 4th Avenue. The applicant proposes 30 parking stalls where Municipal Code 17.44 requires 36 parking stalls for a 2-story, 9,660 square foot building. The property is located within a Commercial General zoning district. Following a public hearing on September 8, 2005, Hearing Examiner Chuck Prince recommended approval of the request.

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. 10: PUBLIC HEARING-COMMUNITY DEVELOPMENT BLOCK GRANT NEEDS HEARING: This time has been set aside for the Council to accept testimony from citizens and organizations on any housing and non-housing community development needs they have identified. The Council may also review written Statements of Intent to Apply for 2006-2007 Community Development Block Grant funding and organizations may briefly present their proposals for this year’s funding.

AGENDA ITEM NO. 11: FINAL PLAT-EVEN PAR ESTATES: Stewart Nelson (mailing address: 2630 Inkom Road, Inkom ID 83245), represented by Harper-Leavitt Engineering (mailing address: PO Box 866, Blackfoot ID 83221), has submitted a final plat to subdivide an area of approximately 1.78 acres of land into 10 residential lots. The property is located at the intersection of Bannock Highway and Country Club Drive and is to be known as Even Par Estates. The Community Development Commission recommended approval of the preliminary plat with conditions at their July 27, 2005, meeting. City Public Works staff recommends approval with conditions.

AGENDA ITEM NO. 12: FINAL PLAT-SWISHER HILLS SUBDIVISION: Bob Rohrbach and David McGrevy of San Diego 449, LLC (mailing address: 9750 Caminito Laswane, San Diego CA 92131), represented by Rocky Mountain Engineering and Surveying (mailing address: 155 South 2nd Avenue, Pocatello ID 83201), have submitted a final plat to subdivide an area of approximately 4.87 acres of land into 23 residential lots. The property is located on the north side of Swisher Road off Jason Avenue and is to be known as Swisher Hills Subdivision. The Community Development Commission recommended approval of the preliminary plat with conditions at their April 13, 2005, meeting. City Public Works staff recommends approval with conditions.

AGENDA ITEM NO. 13: 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.

13. (a) An ordinance repealing Chapter 3.08, which is the provision for the Water Improvement Fund at the golf courses and replacing it with a provision for a Capital Improvement Fund pursuant to the Concession License for operation of the municipal golf courses.

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.

COMMUNITY DEVELOPMENT COMMISSION MEETING 10/5/2005

2005-10-04T02:43:00.000-06:00

Wednesday, October 5, 2005
City Council Chambers, Municipal Building*
911 North Seventh
6:30 p.m.

*Persons with disabilities who require accommodation to access or participate in the programs of the City of Pocatello may make requests for accommodation at least three (3) days in advance of such requirement through the office of the ADA Coordinator. Contact: Ron Binggeli, ADA Coordinator; voice phone: (208)232.5057; TDD (208)232.0988; e-mail: rbinggeli@pocatello.us; fax: (208)233.5149; mailing address: PO Box 4169, Pocatello, ID 83205-4169; physical address: 215 W. Bonneville, Pocatello, ID.

COMMUNITY DEVELOPMENT COMMISSION
(CDC)

The Community Development Commission is a citizen advisory group to the City Council. They are charged with making recommendations concerning land use plans, planning processes and/or on matters of plan implementation. All regular meetings of the CDC are quasi-judicial in nature and are recorded for record retention and minute transcription.

AGENDA CLARIFICATION MEETING: A meeting will be held at 6:00 p.m. in the Iwamizawa Conference Room at City Hall, prior to the regular meeting for clarification of the agenda.

The following is the official agenda of the Community Development Commission. Discussion and Commission action will be limited to those items on the agenda. Any citizen who wishes to address the Commission shall first be recognized by the Chairman, and shall give his/her name and address for the record. If a citizen wishes to read documentation of any sort to the Commission, he/she shall first seek permission from the Chairman. A three (3) minute time limitation is requested for Commission presentations.

AGENDA ITEM NO. 1: DISCLOSURE OF CONFLICT OF INTEREST, EX-PARTE COMMUNICATION AND SITE VISIT
Disclose who was talked to, the basic substance of the conversation and whether the conversation had any influence. Disclose if a site visit was done, location(s) of the visit and what was seen.

AGENDA ITEM NO. 2: CONTINUED PUBLIC HEARING – COMPREHENSIVE PLAN MAP CHANGE
Dustin Morrison, represented by Rocky Mountain Engineering and Surveying, and the City of Pocatello, represented by Matthew Lewis, request changes to the Comprehensive Plan Land Use Map for the City of Pocatello, specifically enlarging the Urban Service Boundary in the area east of South 5th, south of Garton Lane, and north of Hildreth Road and adopting Comprehensive Plan designations for the area.

Pocatello Hearing Examiner Meeting Agenda 9/22/2005

2005-09-19T07:31:00.000-06:00

HEARING EXAMINER A G E N D A
Thursday, September 22, 2005, 5:30 p.m.
City Hall Council Chambers*
911 North Seventh
Pocatello, ID

*Persons with disabilities who require accommodation to access or participate in the programs of the City of Pocatello may make requests for accommodation at least three (3) days in advance of such requirement through the office of the ADA Coordinator. Contact: Ronald Binggeli, ADA Coordinator; voice phone: (208)232-5057; TDD: (208)232-0988; e-mail: rbinggeli@pocatello.us; fax: (208)233-5149; mailing address: PO Box 4169, Pocatello, ID 83205-4169; physical address: 215 W. Bonneville, Pocatello, ID.

HEARING EXAMINER: Keeven Shropshire

1. Disclosure of ex parte communication and site visit. Disclose who was talked to, the basic substance of the conversation and whether the conversation had any influence. Disclose if a site visit was done, location(s) of the visit and what was seen.

2. Patricia Dean requests a variance from rear yard setback requirements for an addition onto the residence at 209 South 13th Avenue. The applicant proposes a 13-foot 8-inch rear yard setback where Municipal Code 17.20.170 requires 20 feet. The property is located in a Residential zoning district with an open space factor of 2.0 with a critical stabilization area overlay.

FINDINGS AVAILABLE TO PUBLIC ADMINISTRATIVE HEARING CITY COUNCIL CONSIDERATION

October 3, 2005 - 1:00 p.m.
October 6, 2005 - 12:15 p.m.
October 20, 2005 - 6:00 p.m.

Interested persons should pick up a copy of the Hearing Examiner's findings on the date shown above. The purpose of the Administrative Hearing (held in the P&DS Conference Room) is only to comment on the Hearing Examiner's Report. No new evidence or testimony will be accepted at this meeting.

The City Council will receive a copy of the application, minutes of the hearing tonight, minutes of the administrative hearing, and the Hearing Examiner's recommendation for their review. The Council will not take additional testimony prior to or at their meeting.

City of Pocatello Council Agenda 9/15/2005

2005-09-13T06:02:00.000-06:00

A G E N D A CITY OF POCATELLO
REGULAR CITY COUNCIL MEETING
SEPTEMBER 15, 2005 - 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 Steven Yadon, Christ 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 August 18, 2005.

(b) TREASURER'S REPORT: Council may wish to consider the Treasurer's Report for August, showing cash receipts and disbursements of August and cash on hand as of September 1, 2005, in the amount of $ .

(c) RESOLUTION: Council may wish to adopt a Resolution officially changing the name of Marilyn Street, located in High Country Subdivision, to Stoneridge Drive. Council approved the name change at the July 7, 2005, Regular City Council meeting and the Resolution is now ready for adoption.

(d) COUNCIL DECISION: Council may wish to adopt its decision of September 1, 2005, granting, with conditions, a Land Use Exception request of Tanner Hernandez to conduct large-equipment auctions at 3400 South 5th Avenue without going through the Conditional Use Permit process and without paving the site for 3 years.

(e) COUNCIL DECISION: Council may wish to adopt its decision of September 1, 2005, extending the time frame to March 17, 2007, for Mountain View Family Medicine (Bradley M. Burton and E. Evan Holmsted) to construct the dental/medical offices on land at Hospital Way and Birdie Thompson.

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: BID: Council may wish to accept the bid received from Gillig Corporation, of Hayward California, in the total amount of $603,033.00 for one 30’ and one 35’ Heavy/Duty Low-Floor Transit Buses. Gillig was the only bidder. The buses will be paid for with Federal and Idaho grant funds. The match for the 30’ bus is 17% and will come from the City of Pocatello and Idaho State University. The match for the 35’ bus is 7.34% and will be paid by Idaho State University.

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 CONTINUATION-APPEAL OF SIGN EXCEPTION DECISION: At the September 1, 2005, Regular City Council meeting the Council voted to continue the public hearing on the appeal from Premier Outdoor Advertising (mailing address: 1600 Arlington, Pocatello ID 83204) of a Community Development Commission decision denying a request for an off-premise sign that would be less than 500 feet from another off-premise sign located on the same side of the street. Municipal Sign Code section 15.20.240(F) requires that an off-premise sign be separated from other off-premise signs on the same side of the street by 1,000 feet. The sign would be located in a Commercial General zoning district.

AGENDA ITEM NO. 9: PUBLIC HEARING-FY05 BUDGET AMENDMENTS: This time has been set aside to receive public comment on proposed amendments to the FY05 budget.

AGENDA ITEM NO. 10: RIGHT-OF-WAY USE LICENSE: Council may wish to consider issuing a Right-of-Way Use License to Old Town Pocatello, subject to Legal Department approval, to allow placement of benches and trash receptacles on the sidewalks and public spaces in the Business Improvement District. This item was discussed at the September 8, 2005, Study Session.

AGENDA ITEM NO. 11: PROFESSIONAL SERVICES AGREEMENT: Council may wish to consider approving a Professional Services Agreement between the City of Pocatello and Gary Carlson, subject to Legal Department approval. If approved the Agreement would require Mr. Carlson to provide certified officials for various Recreation Team Sports programs, as outlined in the Agreement.

AGENDA ITEM NO. 12: RESOLUTION: Council may wish to adopt a resolution authorizing the Mayor to enter into a State Local Agreement setting out the terms and conditions for additional funding authorized by Congressional Appropriation for the Cheyenne Safety Improvement Project. One and a half million dollars ($1,500,000.00) is available for project development under Project STP-7271(102), Key No. 9399 and an additional three million dollars ($3,000,000.00) is available for construction under Project STP-7271(103), Key No. 9699.

AGENDA ITEM NO. 13: RESOLUTION: Council may wish to adopt a resolution setting out provisions for the Property Maintenance Appeals Board. The provisions for the Board were previously set out in the Municipal Code.

AGENDA ITEM NO. 14: GRANT: Council may wish to authorize submission of the FY 06 Certified Local Government grant application to the Idaho State Historical Preservation Office. The application is in the amount of $6,300.00. A work program for the year was developed by the Historic Preservation Commission at their September 7, 2005, meeting and includes a request of $1,800.00 to complete the survey and possible historic district nomination forms for the area between Garfield and Hayes, Benton and Fremont; $1,500.00 for travel to Historic Preservation conferences; $2,000.00 to develop a residential design guidelines booklet; $500.00 for a Historic Preservation workshop and $500.00 for distribution of door hangers and brochures. Council may also wish to authorize the Mayor’s signature on the grant contract, if awarded, and any related subcontracts or documents, subject to Legal Department approval.

AGENDA ITEM NO. 15: GRANT ACCEPTANCE: Council may wish to accept a Bureau of Homeland Security-Assistance to Firefighters Grant in the amount of $282,676.00 to purchase a fire pumper. The amount of the match is $56,535.00.

AGENDA ITEM NO. 16: GRANT ACCEPTANCE: Council may wish to accept an Edward Byrne Memorial Justice Assistance Grant in the amount of $33,324.00 for replacement of an Identix automatic fingerprint machine. No matching funds are required.

AGENDA ITEM NO. 17: LEASE AGREEMENT ADDENDUM: Council may wish to approve, subject to Legal Department approval, an addendum to the Lease Agreement between the City of Pocatello and the Civil Air Patrol to change the designated hangar that will be used by the Civil Air Patrol from #1 to #3. The addendum will also be subject to Jim Harveston terminating his lease for Hanger #3. The rental rate is $143.33 per month and will be adjusted annually according to the CPI.

AGENDA ITEM NO. 18: LEASE AGREEMENT: Council may wish to approve, subject to Legal Department approval, a Lease Agreement between the City of Pocatello and Ron Caffrey for the leasing of Hangar #1. The Lease Agreement will be for a one-year period and will be renewable for five additional one-year periods. The rental rate will be $143.33 per month and will be adjusted annually according to the CPI.

AGENDA ITEM NO. 19: LEASE AGREEMENT: Council may wish to approve, subject to Legal Department approval, a Lease Agreement between the City of Pocatello and Horizon Air for the rental of terminal space at the Pocatello Regional Airport. The lease will be for a two-year period and the monthly rental rate will be $1,866.10 per month.

AGENDA ITEM NO. 20: LEASE AGREEMENT: Council may wish to approve, subject to Legal Department approval, a Lease Agreement between the City of Pocatello and Skywest Airlines for the rental of terminal space at the Pocatello Regional Airport. The lease will be for a two-year period and the monthly rental rate will be $1,929.46 per month.

AGENDA ITEM NO. 21: CONTRACT APPROVAL: Council may wish to approve a one year contract with The Grossman Group, LLC, from Washington, DC, to provide lobbyist services for the City of Pocatello. The basic contract will be effective from October 1, 2005.

AGENDA ITEM NO. 22: AGREEMENT: Council may wish to enter into an agreement with the Auditorium District, subject to Legal Department approval, whereby the City would conduct a portion of the Auditorium District’s election for the Board of Directors in conjunction with the November 8, 2005, General Election. In exchange for the services provided, the Auditorium District would pay the City of Pocatello $5,000.00. Council may wish to place a condition that the agreement cannot be entered into unless the City of Chubbuck agrees to provide the same election services.

AGENDA ITEM NO. 23: INTERGOVERNMENTAL AGREEMENTS: At the August 11, 2005, Study Session Animal Control staff received direction from Council on the fees that should be charged to other governmental agencies for use of the Animal Control facility. The Intergovernmental Agreements have been updated to reflect those changes and Animal Control staff is requesting Council approval of the one year term Intergovernmental Agreements with the following agencies: Bannock County, and the cities of American Falls, Arimo, Downey, Inkom, Lava Hot Springs, McCammon, Montpelier, and Preston.

AGENDA ITEM NO. 24: 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

24. (a) An ordinance amending Ordinance No. 2743, the Appropriation Ordinance for 2005. (Prepared for reading under rules suspension and the full ordinance must be published.)

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.

COMMUNITY DEVELOPMENT COMMISSION WORK SESSION 9/14/2005

2005-09-12T06:43:00.000-06:00

Wednesday, September 14, 2005
City Council Chambers, Municipal Building*
911 North Seventh
6:30 p.m.

COMMUNITY DEVELOPMENT COMMISSION

(CDC)

The Community Development Commission is a citizen advisory group to the City Council. They are charged with making recommendations concerning land use plans, planning processes and/or on matters of plan implementation. All regular meetings of the CDC are quasi-judicial in nature and are recorded for record retention and minute transcription.

AGENDA CLARIFICATION MEETING: A meeting will be held at 6:00 p.m. in the Iwamizawa Conference Room at City Hall, prior to the regular meeting for clarification of the agenda.

The following is the official agenda of the Community Development Commission. Discussion and Commission action will be limited to those items on the agenda. Any citizen who wishes to address the Commission shall first be recognized by the Chairman, and shall give his/her name and address for the record. If a citizen wishes to read documentation of any sort to the Commission, he/she shall first seek permission from the Chairman. A three (3) minute time limitation is requested for Commission presentations.

AGENDA ITEM NO. 1: DISCLOSURE OF CONFLICT OF INTEREST, EX-PARTE COMMUNICATION AND SITE VISIT
Disclose who was talked to, the basic substance of the conversation and whether the conversation had any influence. Disclose if a site visit was done, location(s) of the visit and what was seen.

AGENDA ITEM NO. 2: APPROVAL OF MINUTES OF 8/10/05

AGENDA ITEM NO. 3: PRELIMINARY PLAT – SUNBROOK SUBDIVISION 1ST ADDITION
Ryan Satterfield of Satterfield Realty and Development, represented by Rocky Mountain Engineering and Surveying, requests to subdivide approximately 11.35 acres into 17 residential lots. The property is located east of Satterfield Drive on extensions of Sunrise and Shelly.

Estimated time: 25 minutes

AGENDA ITEM NO. 4: PRELIMINARY PLAT – SUMMIT HILLS SUBDIVISION PHASE 2
Kent Yost of Cedar Crest Corp., represented by Rocky Mountain Engineering and Surveying, requests to subdivide approximately 10.41 acres into 18 residential lots. The property is located east of Granite Drive on an extension of Ridgewood Road.

Estimated time: 25 minutes

ADJOURN TO WORK SESSION

HEARING EXAMINER AGENDA

2005-09-02T06:58:00.000-06:00

Thursday, September 8, 2005

5:30 p.m.

City Hall Council Chambers*

911 North Seventh

Pocatello, ID

HEARING EXAMINER: Chuck Prince

1. Disclosure of ex parte communication and site visit. Disclose who was talked to, the basic substance of the conversation and whether the conversation had any influence. Disclose if a site visit was done, location(s) of the visit and what was seen.

2. Southeast Idaho Gastroenterology Center, represented by R. George Ellis of The Brokerage, requests a conditional use permit for a parking lot proposed to be constructed on the southeast corner of Birdie Thompson Drive and Hospital Way. The parking lot would add additional parking for employees of Southeast Idaho Gastroenterology Center across Hospital Way. Municipal Code 17.20.100 does not permit such use through the conditional use permit process in Residential zoning districts with open space factors greater than 2.0. However, the City Council at their meeting of February 17, 2005 granted permission for the applicant to pursue this use through the conditional use permit process. The site is located within a Residential zoning district with an open space factor of 3.5.

3. Tori and Lorri Shaver request a variance from the parking lot requirements for a building to be constructed at 235 South 4^th Avenue. The applicant is proposing 30 parking stalls where Municipal Code 17.44 requires 36 parking stalls for a 2-story, 9,660 square foot building. The property is located within a Commercial General zoning district.

FINDINGS AVAILABLE TO PUBLIC	ADMINISTRATIVE HEARING	CITY COUNCIL CONSIDERATION
September 19, 2005	September 22, 2005	October 6, 2005
1:00 p.m.	12:15 p.m.	6:00 p.m.

The City Council will receive a copy of the application, minutes of the hearing tonight, minutes of the administrative hearing, and the Hearing Examiner's recommendation for their review. The Council will not take additional testimony prior to or at their meeting.

COMMUNITY DEVELOPMENT COMMISSION WORK SESSION

2005-09-02T06:52:00.000-06:00

Wednesday, 6:00 P.M., September 7, 2005

Municipal Building*

Iwamizawa Conference Room*

911 North Seventh

Pocatello, ID

Mayor Chase and City staff will be present to discuss with the Community Development Commission members the Comprehensive Plan, city-wide annexation plans, and communication issues.

City of Pocatello Council Agenda 9/1/2005

2005-08-30T23:54:00.000-06:00

CITY OF POCATELLO
REGULAR CITY COUNCIL MEETING

SEPTEMBER 1, 2005 - 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 Reverend Janie Gebhardt, First Congregational 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 July 21, 2005; the Agenda Clarification and Regular City Council meeting of August 4, 2005; the Study Session of August 11, 2005; the Special City Council meeting of August 15, 2005; and the Executive Session of August 18, 2005.

(b) PAYROLL AND MATERIAL CLAIMS: Council may wish to consider payroll and material claims for the month of August in the amount of $ .

(c) FAIR HOUSING COMMITTEE REAPPOINTMENT: Council may wish to confirm the Mayor’s reappointment of Karla Luedtke to continue her service as a member of the Fair Housing Committee. Ms. Luedtke’s term will begin October 1, 2005, and will expire October 1, 2008.

(d) SISTER CITIES COMMITTEE APPOINTMENT: Council may wish to confirm the Mayor’s appointment of Heather Sandy to serve as a member of the Japanese Subcommittee of the Sister Cities Committee. Ms. Sandy’s term will begin September 2, 2005, and is non-expiring.

(e) CORRECTION-MINUTES: Council may wish to approve a correction of the minutes from the Regular City Council meeting of July 7, 2005, on page 5 paragraph 6 the minutes did not represent that an amendment to the motion allowed for one motion sensor light for the Osterhout exception for 3347 Hawthorne Road. A Correction of Minutes has been prepared that will be attached to the original minutes if the correction is approved.

(f) SUBSTITUTE COUNCIL DECISION: Council may wish to rescind a Decision dated July 21, 2005, and adopt a Substitute Council Decision for the Osterhout exception Decision which allows a manager’s residential quarters in a manufactured structure at 3347 Hawthorne Road. The Substitute Decision reflects the amendment to the motion which allowed one motion sensor light on the south side, rather than prohibiting all such lights.

(g) SURPLUS EQUIPMENT: Council may wish to declare a 1985 Pierce Pumper, a 1951 Mack Pumper, and a 1937 Seagraves Ladder Truck as surplus and authorize the Fire Department to offer the equipment for sale.
(h) COUNCIL DECISION: Council may wish to adopt its decision of August 15, 2005, approving, with conditions, the final plat of City Creek Estates, Division 1.

(i) COUNCIL DECISION: Council may wish to adopt its decision August 18, 2005, approving, with conditions, the Ward Park Subdivision Division One final plat.

(j) COUNCIL DECISION: Council may wish to adopt its decision of August 18, 2005, approving, with conditions, the Gateway Centre commercial plat.

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.)

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. 7: PUBLIC HEARING-LAND USE EXCEPTION: Tanner Hernandez of Prime Time Auctions (mailing address: 3400 South 5th Avenue, Pocatello ID 83201), represented by Rocky Mountain Engineering (mailing address: 155 South 2nd Avenue, Pocatello ID 83201)requests an exception from the requirement for a conditional use permit to operate a large equipment auction business on the property at 3400 South 5th Avenue. The property is located in a Commercial General zoning district. Municipal Code section 17.28.030 (B) allows auction halls in Commercial General zoning districts. However, sales of large equipment and trucks over 2.5 tons require a conditional use permit in Commercial General zoning districts. Planning Division staff recommends approval with conditions.

AGENDA ITEM NO. 8: PUBLIC HEARING-APPEAL OF SIGN EXCEPTION DECISION: Tony Golsarry of Blaze Sign Company (mailing address: 525 West Maple, Pocatello ID 83201) representing Premier Outdoor Advertising (mailing address: 1600 Arlington, Pocatello ID 83204), is appealing a denial by the Community Development Commission (CDC) in regard to a request for an off-premise sign proposed to be located at 2167 East Center Street. The CDC denied the request for an off-premise sign that would be less than 500 feet from another off-premise sign location on the same side of the street. Municipal Sign Code section 15.20.240(F) requires that an off-premise sign be separated from other off-premise signs on the same side of the street by 1,000 feet. The property is located within a Commercial General zoning district.

AGENDA ITEM NO. 9: EXTENSION OF CONDITIONAL USE PERMIT: Mountain View Family Medicine, represented by Bradley M. Burton and E. Evan Holmstead (mailing address: 755 Hospital Way #C-3, Pocatello ID 83201), requests an extension to the conditional use permit that was granted to William Godfrey on March 17, 2005. The conditional use permit was to construct a dental office and a second medical/dental office on land at Hospital Way and Birdie Thompson. The applicant is requesting an extension until May 1, 2008. Planning staff recommends denial of the three year extension and would favor an extension of a two year period, or until March 17, 2007.

AGENDA ITEM NO. 10: “COUNCIL SELECT” FUNDING REQUEST-VALLEY PRIDE: Valley Pride is requesting that “Council Select” funds be used for the following items associated with the Portneuf River Celebration planned for October 15th: 1) $100.00 concession license fee; and 2) $165.42 for additional refuse containers fees. The total amount requested is $265.42. As of August 26, 2005, there is $10,073.23 in the “Council Select” line item.

AGENDA ITEM NO. 11: OK WARD PARK USE: Council may wish to grant permission for two members of the Pocatello Pathfinders Snowmobile Club to say overnight at OK Ward Park on October 14 and 15, 2005, for security for the club’s annual swap meet. The Pocatello Pathfinders have reserved OK Ward Park for this event. They have agreed to pay for the vendor license and will be required to rent the shelter for this event. The event will be held in the parking lot area of the park.

AGENDA ITEM NO. 12: USE AGREEMENT-I.S.U. BASEBALL CLUB: Council may wish to consider a Use Agreement with the I.S.U. Baseball Club for Halliwell Field for scheduled baseball games and limited practice. The agreement addresses the use and conditions for such use by the Club. The Club will be required to pay the rent established by the City Council and provide liability insurance, naming the City as an additional insured. In addition, the Club will be responsible for field maintenance, cleaning of the facility and repairing any damage resulting from their use. The City will continue to mow and irrigate the field.

AGENDA ITEM NO. 13: USE AGREEMENT-ROCKY MOUNTAIN SCHOOL OF BASEBALL: Council may wish to consider a Use Agreement with the Rocky Mountain School of Baseball for Halliwell Field for scheduled youth baseball games and limited practices. The Use Agreement addresses the use and conditions for such use by the School. The School will be required to pay the established rent and provide liability insurance, naming the City as an additional insured. In addition, the School will be responsible for field maintenance, cleaning the facility, and repairing any damage resulting from their use. The City will continue to mow and irrigate the field. The School will be responsible for coordinating their use with that of the City and I.S.U. Baseball Club.

AGENDA ITEM NO. 14: RIGHT OF WAY USE LICENSE-TALBOT: Council may wish to approve a Right-Of-Way Use License, subject to Legal Department approval, to allow Mr. and Mrs. Talbot to construct a retaining wall in the Mountain Loop right-of-way by their residence at 4063 Mountain Loop. The new wall will replace an existing wall which serves their driveway and will encroach approximately three to four feet closer to the centerline. Staff recommends approval of the Right-Of-Way Use License with conditions.

AGENDA ITEM NO. 15: ICMA-RC PLANS: Council may wish to consider, subject to Legal Department approval, the following:

a) adoption of the ICMA-RC Health Savings Plan as discussed at the Study Session of August 11, 2005; and
b) adoption of the ICMA-RC 457 Plan Amendments which will allow online loan procedures for employees that participate in the City’s 457 retirement saving plan.

AGENDA ITEM NO. 16: MEMORANDUM OF UNDERSTANDING - HEALTH RELATED EMERGENCIES: Council may wish to approve a Memorandum of Understanding with the Southeastern District Health Department for the State of Idaho outlining the services the Police Department may provide in the event of a health related emergency.

AGENDA ITEM NO. 17: MEMORANDUM OF UNDERSTANDING – CHILD ADVOCACY CENTER: Council may wish to approve, subject to Legal Department approval, a Memorandum of Understanding between Pocatello Police Department, Bannock County Prosecutor’s Office, Bannock County Sheriff’s Office, Chubbuck Police Department, Children and Family Services Region 6 Department of Health and Welfare, Portneuf Medical Center, and Bright Tomorrows to support the creation, operation and further development of the Child Advocacy Center in Bannock County.

AGENDA ITEM NO. 18: GOLF CONCESSION LICENSE EXTENSION: Council may wish to consider extending the contract with FORE Golf, Inc. for the operation and maintenance of Highland and Riverside golf courses. If approved, the extension of the current contract would commence on January 1, 2006, and end on December 31, 2010. The proposed extension includes a few modifications to the existing contract, including an increase in the base rent. In January 2001, the City entered into a Concession License with FORE Golf, Inc. to operate the municipal golf courses. That agreement included an option for the concessionaire to renew the agreement for an additional five years provided the concessionaire had “satisfactorily executed the terms and conditions of the agreement as determined by the City Council”. FORE Golf, Inc. has expressed a desire to renew the concession license.

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.

Pocatello City Council Agendas for August 18, 2005

2005-08-16T09:05:00.000-06:00

EXECUTIVE SESSION MEETING NOTICE

CITY COUNCIL
CITY OF POCATELLO, IDAHO
AUGUST 18, 2005 – 5:00 P.M.
IWAMIZAWA CONFERENCE ROOM

The City Council will meet in an Executive Session on Thursday, August 18, 2005, at 5:00 P.M. in the Iwamizawa Conference Room, in accordance with Idaho Code 67 2345(1)(f) to consider and advise its legal representatives in pending litigation or where there is a general public awareness of probable litigation.

A G E N D A

CITY OF POCATELLO

REGULAR CITY COUNCIL MEETING

AUGUST 18, 2005 - 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 Father Justin Brady, Holy Spirit Catholic Community.

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) TREASURER'S REPORT: Council may wish to consider the Treasurer's Report for July, showing cash receipts and disbursements of July and cash on hand as of August 1, 2005, in the amount of $ .

(b) SISTER CITIES COMMITTEE APPOINTMENT: Council may wish to confirm the Mayor’s appointment of Martin Jam to serve as a member of the Sister Cities Committee. Mr. Jam’s term will begin August 19, 2005, and is non-expiring.

(c) COUNCIL DECISION: Council may wish to adopt its decision of July 7, 2005, approving, with conditions, the final plat for Tuscany Hills First Addition.

(d) COUNCIL DECISION: Council may wish to adopt its decision of August 4, 2005, granting, with conditions, a conditional use permit to Richard Castagna to covert a warehouse at 756 South First into a single-family residence.

(e) COUNCIL DECISION: Council may wish to adopt its decision of August 4, 2005, granting setback variances, with conditions, for Pocatello Neighborhood Housing Services to allow construction of a single-family residence at 558 North 6th.

(f) COUNCIL DECISION: Council may wish to adopt its decision of August 4, 2005, granting setback variances, with conditions, for Pocatello Neighborhood Housing Services to allow construction of a single-family residence at 635 East Hayden.
(g) COUNCIL DECISION: Council may wish to adopt its decision of August 4, 2005, granting setback variances, with conditions, for Pocatello Neighborhood Housing Services to allow construction of a single-family residence at 636 East Hayden.

(h) COUNCIL DECISION: Council may wish to adopt its decision of August 4, 2005, revoking Roy Miller’s temporary exception from development requirements to allow a gravel parking lot for sale of vehicles.

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 minutes, with a maximum of three minutes per speaker.)

AGENDA ITEM NO. 7: FINAL PLAT-WARD PARK SUBDIVISION: Jay Roche of RNR Development (mailing address: 802 East Madlee, Inkom ID 83245), represented by Harper-Leavitt Engineering (mailing address: PO Box 866, Blackfoot ID 83221), has submitted a final plat to subdivide an area of approximately 7.09 acres of land into 31 residential units. The property is located on the north side of West Quinn Road and west of Hawthorne Road and is to be known as Ward Park Subdivision. The Community Development Commission recommended approval of the preliminary plat with conditions at their July 13, 2005, meeting. City Public Works staff recommends approval with conditions.

AGENDA ITEM NO. 8: SHORT PLAT-GATEWAY CENTRE SUBDIVISION: Roy Miller (mailing address: PO Box 4863, Pocatello ID 83205), represented by Rocky Mountain Engineering and Surveying (mailing address: 155 South 2nd Avenue, Pocatello ID 83201), has submitted a short plat to subdivide an area of approximately 2.15 acres of land into 2 commercial lots. The property is located on the northeast corner of I-15 and East Center and is to be known as Gateway Centre Subdivision. The Community Development Commission recommended approval of the plat with conditions at their August 10, 2005, meeting. City Public Works staff recommends approval with conditions.

AGENDA ITEM NO. 9: CONCESSION LICENSE: The Pocatello Sports Committee is requesting a concession license to sell food, beverages and other items in Lower Ross Park on September 3, 2005, during the Pocatello Marathon.

AGENDA ITEM NO. 10: OK WARD PARK USE: Council may wish to grant permission for one member of the Pocatello Kennel Club to camp overnight at OK Ward Park on September 30, 2005, and October 1, 2005, to watch over the agility equipment associated with the agility trials being held on October 1 and 2, 2005. The Pocatello Kennel Club is also asking that out of town competitors be allowed to stay in the park overnight.

AGENDA ITEM NO. 11: LEASE-GATE CITY BOXING: Council may wish to approve a lease with Gate City Boxing club for the premises at 323 North Main. The lease is for five years at $1.00 per year. The Club will operate a training facility on the site and will provide all necessary repairs or modifications to comply with building codes.

AGENDA ITEM NO. 12: CONTRACT-ELECTION: Council may wish to enter into a contract with Bannock County to allow combining election resources to more effectively conduct the November 8, 2005, General Election and the possible December 6, 2005, Run-Off Election.

AGENDA ITEM NO. 13: POWER LINE EASEMENT-ROSS PARK: Council may wish to approve an underground power line easement in Ross Park near the Skate Park. The underground power lines will serve an existing well, the new well #3, and also will allow future underground service to three Parks and Recreation buildings and removal of several overhead power lines.

AGENDA ITEM NO. 14: GAS LINE EASEMENT-AIRPORT: Council may wish to ratify a gas line easement with Intermountain Gas. The gas line will service the new Airport Fire Station.

AGENDA ITEM NO. 15: LEASE AGREEMENT-AVIS RENT-A-CAR: Council may wish to approve, subject to Legal Department approval, a lease agreement with Avis Rent-A-Car for airport property. The lease agreement will be for five years with a commission of 10% of gross revenue being remitted to the City.

AGENDA ITEM NO. 16: LEASE AGREEMENT-HERTZ CAR RENTAL: Council may wish to approve, subject to Legal Department approval, a lease agreement with Hertz Car Rental for airport property. The lease agreement will be for five years with a commission of 10% of gross revenue being remitted to the City.

AGENDA ITEM NO. 17: LEASE AGREEMENT-BUDGET RENT-A-CAR:Council may wish to approve, subject to Legal Department approval, a lease agreement with Budget Rent-A-Car for airport property. The lease agreement will be for a one-year period with four (4) one (1) year renewal options with a commission of 10% of gross revenue being remitted to the City.

AGENDA ITEM NO. 18: RATE RESOLUTIONS: Council may wish to adopt the following resolutions setting fees for Budget Year 2006 (October 1, 2005, to September 30, 2006). Fees remain the same unless noted otherwise:

a) Alcohol Beverage Licenses Fees: Revision of fees for municipal alcohol beverage licenses.

b) Animal Control Fees: Renewal of fees, rates and charges for animal control operations.

c) Cemetery Department Fees: Renewal of fees, rates and charges for cemetery operations.

d) Construction Trades Permit Fees: Renewal of certain fees for building, plumbing, electrical and mechanical.

e) Developer’s Fees for Cost Reimbursement Process: Renewal of $200.00 fee for document processing and recording.

f) Engineering Review Fees: Renewal of fees for reviewing subdivisions.

g) Fire Department Fees: Renewal of permits, licenses and inspection fees and adding one new fee.

h) Geographic Information Systems Fees: Renewal of fees, rates and charges for GIS Operations.

i) Parks and Recreation Fees: Revision of various fees, rates and charges for the Parks and Recreation Department’s programs and facilities and renewal of non-affected fees.

j) Planning Fees: Renewal of fees, rates and charges for planning operations.

k) Police Fees: Revision of certain parking and police fees.

l) Sanitation Fees: Revision of fees, rates and charges for municipal refuse collection services in accordance with rate study recommendations.

m) Transit Fees: Renewal of fees, rates and charges for the transit operation.

n) Video Services Fees: Renewal of fees, rates and charges for the video operation.

o) Water Fees: Revision of water system fees, rates and charges.

p) Water Pollution Control Fees: Revision of fees, rates and charges water pollution control operations in accordance with rate study recommendations.

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.

Ordinances being read.

19. (a) An ordinance repealing Chapter 8.24 and re-enacting Chapter 8.24 to revise requirements and standards for maintenance of property within the City of Pocatello. (Third reading.)

Ordinances ready for reading.

19. (b) An ordinance amending sections of the massage licensing ordinance to allow “chair massages” outside of massage establishments, to provide a reduced rate for renewal of licenses (as is customary for other licenses), and to define “massage establishment” as discussed at the Council Study Session held April 14, 2005. (Prepared for reading under rules suspension.)

19. (c) The Annual Appropriations ordinance for Budget Year 2006. (Full ordinance must be published and ordinance is prepared for reading under rules suspension.)

19. (d) An ordinance establishing Mayor and Council salaries for 2006 and 2007. (Prepared for reading under rules suspension.)

Pocatello Council Study Session - August 11, 2005

2005-08-10T08:27:00.000-06:00

A G E N D A

CITY OF POCATELLO, IDAHO
CITY COUNCIL STUDY SESSION

AUGUST 11, 2005 -- 9:00 A.M.

COUNCIL CHAMBERS

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 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.

1: ROLL CALL.

2: BUDGET GUIDANCE: This time has been set aside for the Council to discuss final guidance for the proposed Fiscal Year 2006 Budget.

3: HOUSING AUTHORITY OF POCATELLO UPDATE: Representatives from the Housing Authority of Pocatello will be present to discuss the Housing Authority’s goals and projects, as well as Council’s policies and expectations.

4: LIBRARY BOARD OF TRUSTEES UPDATE: Representatives from the Library Board of Trustees will be present to discuss the Board’s goals and projects, as well as Council’s policies and expectations.

5: PARKS AND RECREATION ADVISORY BOARD UPDATE: Representatives from the Parks and Recreation Advisory Board will be present to discuss the Board’s goals and projects, as well as Council’s policies and expectations.

6: BEST VALUE CONTRACTING: Mike Hoover, Organizer for Plumbers and Pipefitters Local 648, will be present to discuss Best Value Contracting.

7: GOLF CONTRACT: This time has been set aside to discuss the proposed renewal of the Fore Golf Contract.

8: DEVELOPMENT ORDINANCES: This time has been set aside to discuss potential changes to existing ordinances and potential ordinances related to growth and development.

9: INTERGOVERNMENTAL AGREEMENTS: Animal Shelter personnel will be present to review existing intergovernmental agreements and fees related to impoundment of animals from other governmental entities. The existing intergovernmental agreements, which charge $20.00 per animal impounded, expire on September 30, 2005, and staff would like to use this time to present information on proposed fees for Council consideration.

10: RETIREMENT HEALTH SAVINGS PLAN: Representatives from the Human Resources and Finance Departments will be available to brief the Council on a proposed retirement health savings plan for employees.

City of Pocatello Council Agenda 7/21/2005

2005-07-18T16:40:00.000-06:00

EXECUTIVE SESSION MEETING NOTICE
CITY COUNCIL

CITY OF POCATELLO, IDAHO

JULY 21, 2005 – 5:00 P.M.
IWAMIZAWA CONFERENCE ROOM

The City Council will meet in an Executive Session on Thursday, July 21, 2005, at 5:00 P.M. in the Iwamizawa Conference Room, in accordance with Idaho Code 67 2345(1)(f) to consider and advise its legal representatives in pending litigation or where there is a general public awareness of probable litigation.

A G E N D A

CITY OF POCATELLO
REGULAR CITY COUNCIL MEETING

JULY 21, 2005 - 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 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 Executive Session of July 7, 2005.

(b) TREASURER'S REPORT: Council may wish to consider the Treasurer's Report for June, showing cash receipts and disbursements of June and cash on hand as of July 1, 2005, in the amount of $ .

(c) HUMAN RELATIONS ADVISORY COMMITTEE APPOINTMENTS: Council may wish to confirm the Mayor’s appointments of Judy Drennen and Linda Zweigart to serve as members of the Human Relations Advisory Committee, replacing Juan Lucero whose term expired, and Rae Dahmer who resigned. Ms. Drennen’s term will begin July 22, 2005, and will expire July 22, 2009. Ms. Zweigart’s term will begin July 22, 2005, and will expire October 4, 2006.

(d) INTERN AGREEMENT-JABARKHAIL: Council may wish to approve a volunteer intern agreement with Abdul Fatah Jabarkhail (mailing address: University Courts, Room F3, Pocatello ID 83209) for intern work with the Mayor’s Office. The agreement is from July 21, 2005, through August 26, 2005.

(e) COUNCIL DECISION: Council may wish to adopt its decision of July 7, 2005, granting, with conditions, a conditional use permit for Oregon Trail Broadcasting to construct a storage building on the parking lot at 8th and Young.

(f) COUNCIL DECISION: Council may wish to adopt its decision of July 7, 2005, granting, with conditions, Steven and Annette Osterhout’s request for an exception from the conditional use and variance procedures to allow construction of a residence at 3447 Hawthorne in a Warehouse-Wholesale zoning district.

(g) COUNCIL DECISION: Council may wish to adopt its decision of July 7, 2005, granting, with conditions, an appeal from the Community Development Commission’s decision which denied a sign exception request from Imperial Crown Jewelers for their business at 133 Jefferson.

(h) COUNCIL DECISION: Council may wish to adopt its decision of July 7, 2005, approving, with conditions, the final plat for Rivers Edge Subdivision which is located north of South Grant, south of the Portneuf River, on and extension of Lamb Road.
(i) COUNCIL DECISION: Council may wish to adopt its decision of July 7, 2005, approving, with conditions, the final plat for Tuscany Hills Subdivision 1st Addition which is located north of Tuscany Hills Subdivision, on an extension of Vista Drive.

(j) GRANT SUBMISSION RATIFICATION: Council may wish to ratify their action authorizing the submission of a grant application to the U.S. Department of Justice for a COPS Interoperable Communications Technology Grant.

(k) DAY CARE EMPLOYEE LICENSE DENIAL: Council may wish to adopt the recommendation of the Police Department and deny the day care employee license for Damian Flores.

(l) DAY CARE EMPLOYEE LICENSE DENIAL: Council may wish to adopt the recommendation of the Police Department and deny the day care employee license for Nora John.

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: POLICE UNION CONTRACT AMENDMENT: Council may wish to approve the Fiscal Year 2006 Amendment to the Police Union Contract between the City of Pocatello and the Pocatello Police Department Union.

AGENDA ITEM NO. 8: SALE OF SURPLUS EQUIPMENT: Council may wish to consider bids received by the Sanitation Department on July 12, 2005, for the sale of one (1) surplus refuse truck and allow Lake City International, the high bidder, to purchase the truck for $27,107.00.

AGENDA ITEM NO. 9: BID: Council may wish to accept the low bid received from DeWall Construction, in the amount of $1,349,733.81, for construction of an Airport Fire Station. The project will be funded through a Federal Grant with a 5% City match. The match will come from Airport Passenger Facility Charge revenue.

AGENDA ITEM NO. 10: FINAL PLAT-HUNTERS HEIGHTS SUBDIVISION: Jay Roche (mailing address: 802 East Madlee, Inkom ID 83245), represented by Rocky Mountain Engineering and Surveying (mailing address: 155 South 2nd Avenue, Pocatello ID 83201), has submitted a final plat to subdivide an area of approximately 2.46 acres of land into 13 residential lots. The property is located on East Cedar west of I-15 and is to be known as Hunters Heights Subdivision. The Community Development Commission recommended approval of the preliminary plat with conditions at their June 22, 2005, meeting. City Public Works staffs recommend approval with conditions.

AGENDA ITEM NO. 11: ORDINANCE WAIVER REQUEST: Libby Sargeant of CLEAR TALK Idaho (mailing address: 233 North Main, Pocatello ID 83204) is requesting a waiver of City ordinances to allow beer at Centennial Park between the hours of 12:00 P.M. and 7:00 P.M. on Saturday, August 13, 2005, for events associated with the Third Annual Mountain Bike Race Event, sponsored by CLEAR TALK.

AGENDA ITEM NO. 12: TEMPORARY EXCEPTION: Steve Carter of Auto Image (mailing address: 2042 Garrett Way, Pocatello ID 83201) requests an exception to allow a gravel parking lot for vehicle display for a two year period at 2042 Garrett Way, adjacent to the current business. The exception would be to Municipal Code Section 17.44.020(F) which requires that “Parking lot areas shall be surfaced with an all weather material capable of holding permanent marking to demarcate parking spaces and traffic patterns.” Engineering and Planning staffs recommend denial.

AGENDA ITEM NO. 13: LEASE AGREEMENT: Council may wish to approve a two year Lease Agreement, with automatic renewals through 2011, between the City of Pocatello and Evelyn Honas for 1.2 acre parcel of land located near 2766 Bannock Highway.

AGENDA ITEM NO. 14: AGREEMENT WITH SCHOOL DISTRICT: Council may wish to approve an agreement between the City of Pocatello and School District No. 25. Under the agreement, the School District will donate land adjacent to Lewis and Clark Elementary School and Alameda Middle School to the City of Pocatello to be used as right-of-way, and the City will incorporate the design and construction of parking/loading/unloading areas along Alameda Road as part of the Alameda Bike Lanes Project. In addition to the parking/loading/unloading areas, the Federal Aid Project includes widening the travel way on Alameda Road between Pole Line and McKinley to include four travel lanes, one center-left turn lane, curb, gutter, sidewalk, and bicycle facilities. Construction is anticipated to begin in 2007.

AGENDA ITEM NO. 15: 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 being read.

15: (a) An ordinance clarifying fire hydrant spacing and repealing provision which are duplications of certain requirements set out in the International Fire Code. (Second reading.)

Ordinance ready for reading.

15: (b) An ordinance repealing Chapter 8.24 and re-enacting Chapter 8.24 to revise requirements and standards for maintenance of property within the City of Pocatello. (Prepared for reading under rules suspension.)

AGENDA ITEM NO. 16: FINAL PLAT-CITY CREEK ESTATES: Ron Miller (mailing address: 1556 City Creek, Pocatello ID 83204), represented by Rocky Mountain Engineering and Surveying (mailing address: 155 South 2nd Avenue, Pocatello ID 83201), has submitted a final plat to subdivide an area of approximately 8.06 acres of land into 21 residential lots. The property is located south of North Lincoln on an extension of City Creek Road and is to be known as City Creek Estates. The Community Development Commission recommended approval of the preliminary plat with conditions at their March 23, 2005, meeting. City Public Works staffs recommend approval with conditions.

CITY OF POCATELLO, IDAHO CITY COUNCIL STUDY SESSION

2005-07-12T09:29:00.000-06:00

A G E N D A

JULY 14, 2005 -- 9:00 A.M.

COUNCIL CHAMBERS

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 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.

1: ROLL CALL.

2: 2006 BUDGET UPDATE: David Swindell, Chief Financial Officer, will update the Council on the cumulative impact of all budget decisions made to date and the status of the 2006 Budget.

3: GATE CITY BOXING CLUB PROPOSAL: Jack Woods, President Gate City Boxing Inc., will discuss a proposal whereby Gate City Boxing would use City property at 323 North Main as a training facility.

4: OAKTREE MANOR SUBDIVISION REQUEST: Representatives from Oaktree Manor Subdivision will request that the City assume responsibility for the subdivision’s sewer system.

5: “GREASE IN THE CAN” PROGRAM UPDATE: Water Pollution Control Department staff will present information on the “Grease in the Can” Program. The program is aimed at reducing fats, oils and grease (FOG) in the Sanitary Sewer. FOG is the main contributor to sewer line back-ups.

6: FIRE CODE CHANGES: Fire Department representatives will be present to discuss the formation of licensing requirements for the trades that install, modify and alter Life Safety Systems such as fire sprinkler systems, fire alarm systems, fire extinguishers, commercial kitchen hood systems, etc.

City of Pocatello Council Agenda July 7, 2005

2005-07-01T07:51:00.000-06:00

EXECUTIVE SESSION MEETING NOTICE
CITY COUNCIL
CITY OF POCATELLO, IDAHO

JULY 7, 2005 – 5:00 P.M.

IWAMIZAWA CONFERENCE ROOM

The City Council will meet in an Executive Session on Thursday, July 7, 2005, at 5:00 P.M. in the Iwamizawa Conference Room, in accordance with Idaho Code 67‑2345(1)(c) to conduct deliberations concerning labor negotiations or to acquire an interest in real property which is not owned by a public agency, and 67‑2345(1)(f) to consider and advise its legal representatives in pending litigation or where there is a general public awareness of probable litigation.

A G E N D A
CITY OF POCATELLO
REGULAR CITY COUNCIL MEETING
JULY 7, 2005 - 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 Reverend Pamela Mayes, First Presbyterian 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 May 19, 2005; the Study Session of June, 9, 2005; the City Council meeting of June 9, 2005; and the Agenda Clarification and Regular City Council meeting of June 16, 2005.

(b) PAYROLL AND MATERIAL CLAIMS: Council may wish to consider payroll and material claims for the month of June in the amount $ .

(c) LIBRARY BOARD OF TRUSTEES APPOINTMENT: Council may wish to confirm the Mayor’s appointment of David Martinez to serve as a member of the Library Board of Trustees, replacing Kathleen Lewis whose term expired. Mr. Martinez’s term will begin July 8, 2005, and will expire July 1, 2010.

(d) INTERN AGREEMENT-RHOADS: Council may wish to approve a volunteer intern agreement with Gabriel Rhoads (mailing address: 118 Princeton, Pocatello ID 83201) for intern work with the Mayor’s Office. Mr. Rhoads’ agreement will extend from June 27, 2005, until the completion of his assignments.

(e) COUNCIL DECISION-CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS: Council may wish to adopt its decision of June 16, 2005, granting a variance from the setback requirements for an additional parking lot adjacent to the Church of Jesus Christ of Latter Day Saints at 954 East Walnut.

(f) COUNCIL DECISION-FENCE VARIANCE: Council may wish to adopt its decision of June 16, 2005, affirming the Building Board of Appeals’ denial of an exception request from Lane Probart to install a six foot high wood fence within the front setback area, at his home at 953 Berryman, where Municipal Code sets 4 feet as the maximum.

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.)

HEARING EXAMINER RECOMMENDATIONS: The following item is a recommendation from the Hearing Examiner for a conditional use permit.

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-CONDITIONAL USE PERMIT OREGON TRAIL BROADCASTING: Bill Fouch of Oregon Trail Broadcasting (mailing address: 902 East Sherman, Pocatello ID 83201) requests a conditional use permit to construct a storage building on the parking lot at North 9th Avenue and East Young Street as an accessory to the television station at 902 East Sherman. Municipal Code 17.20.100(N) allows professional office uses, to which this building would be accessory, through the conditional use permit process in Residential zoning districts. The site is located within a Residential zoning district with an open space factor of 1.8. Following a public hearing on June 9, 2005, Hearing Examiner Richard Foster recommended approval of the request.

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-LAND USE EXCEPTION-OSTERHOUT: Steven and Annette Osterhout (mailing address: 3370 West Highway 30, Pocatello ID 83201) request an exception from the requirement for a conditional use permit to allow a residence in a Warehouse Wholesale zoning district at 3447 Hawthorne. Municipal Code section 17.32.040(B) allows residential uses in keeping with the open space factor 1.6 through the conditional use process. The applicant also requests an exception from the requirement for a variance to the landscaped buffer requirements along common boundaries with Residentially-zoned land. The applicant proposes 20 feet where Municipal Code 17.32.050(B) requires 30 feet. Planning Division staff recommends approval with conditions.

AGENDA ITEM NO. 9: PUBLIC HEARING-APPEAL OF SIGN EXCEPTION DECISION-IMPERIAL CROWN JEWELERS: Craig Sorenson of Imperial Crown Jewelers (mailing address: PO Box 742, Pocatello ID 83204) and Tony Golsarry of Blaze Sign Company (mailing address: 525 West Maple, Pocatello ID 83201) are appealing a decision by the Community Development Commission (CDC) in regards to a sign exception request for Imperial Crown Jewelers at 133 Jefferson. The CDC approved a 32 square foot pole sign where Municipal Code 15.20.180 allows a 6 foot high ground sign. However, the applicant requested a 64 square foot sign and is appealing the size limitation.

AGENDA ITEM NO. 10: FINAL PLAT-RIVERS EDGE SUBDIVISION: Gary Ratliff (mailing address: 3960 South 2nd Avenue, Pocatello ID 83201), represented by Rocky Mountain Engineering and Surveying (mailing address: 155 South 2nd Avenue, Pocatello ID 83201), has submitted a final plat to subdivide an area of approximately 3.64 acres of land into 23 residential lots. The property is located north of South Grant, south of Portneuf River, on an extension of Lamb Road and is to be known as Rivers Edge Subdivision. The Community Development Commission recommended approval of the preliminary plat with conditions at their March 23, 2005, meeting and the developer has submitted a final plat that addresses those conditions. City Public Works staff recommends approval with conditions.

AGENDA ITEM NO. 11: FINAL PLAT-TUSCANY HILLS SUBDIVISION 1ST ADDITION: Bill Isley of Tuscany Hills Development Company (mailing address: 444 Hospital Way #777, Pocatello ID 83201), represented by Rocky Mountain Engineering and Surveying (mailing address: 155 South 2nd Avenue, Pocatello ID 83201), has submitted a final plat to subdivide an area of approximately 13.56 acres of land into 28 residential lots and 1 open space lot. The property is located north of Tuscany Hills Subdivision, on an extension of Vista Drive and is to be known as Tuscany Hills Subdivision 1st Addition. The Community Development Commission recommended approval of the preliminary plat with conditions at their January 26, 2005, meeting and the developer has submitted a final plat that addresses those conditions. City Public Works staff recommends approval with conditions.

AGENDA ITEM NO. 12: EXTENSION OF FINAL PLAT APPROVAL: Keith Rasmussen (mailing address: 1206 East Poplar #6, Pocatello ID 83201) requests a 6 month extension for the final plat approval of Falcon Ridge Subdivision that was approved on July 10, 2003. Planning staff recommends approval not to exceed 6 months.

AGENDA ITEM NO. 13: FEE WAIVER REQUEST: Council may wish to consider a request from the School District #25 Summer Band for a fee waiver of the rental fees to use the Ross Park Band Shell for an Independence Day concert on July 4th. The rental fee is $45.00. As of June 29, 2005, $10,118.23 remains in the “Council Select” line item.

AGENDA ITEM NO. 14: STREET NAME CHANGE: Satterfield Realty has requested that a portion of the platted Marilyn Street be changed to Stoneridge Drive. The requested change is a result of turning Marilyn Street into a cul-de-sac rather than connecting to Summit Drive as preliminarily planned. There are no building lots or addresses that have been issued on the portion of Marilyn Street where the name change is being requested. Staff recommends that the request be granted.

AGENDA ITEM NO. 15: PROFESSIONAL SERVICES AGREEMENT-NORTH WIND, INC.: Council may wish to authorize execution of an agreement, in the amount of $4,300.00, between the City of Pocatello and North Wind, Inc. Under the agreement North Wind will conduct a historical and archaeological survey for the Alameda Bike Lanes project. The federal aid project includes widening the traveled way on Alameda Road between Pole Line and McKinley to include four travel lanes, one center-left turn lane, curb, gutter, sidewalk, and bicycle facilities. Construction is anticipated to begin in 2007.

AGENDA ITEM NO. 16: 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.

Ordinances Ready for Reading.

16. (a) An ordinance clarifying fire hydrant spacing and repealing provision which are duplications of certain requirements set out in the International Fire Code. (Prepared for three readings.)

16. (b) An ordinance amending various sections of the Municipal Code which describe misdemeanor penalties allowed by the State. The State has raised the maximum fine amount from $300.00 to $1,000.00 and the ordinance amends all references found in the City Code to reflect the State’s changes. (Prepared for reading under suspension of the rules.)

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.

REGULAR CITY COUNCIL MEETING, JUNE 16, 2005

2005-06-14T06:42:00.000-06:00

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 Carl Levenson, representing Temple Emanuel.

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 Council meeting of June 2, 2005; the Executive Session of June 2, 2005; and the Agenda Clarification and Regular City Council meeting of June 2, 2005.

(b) TREASURER'S REPORT: Council may wish to consider the Treasurer's Report for May, showing cash receipts and disbursements of May and cash on hand as of June 1, 2005, in the amount of $ .

(c) COMMUNITY DEVELOPMENT COMMISSION REAPPOINTMENT: Council may wish to confirm the Mayor’s reappointment of Brent Nichols to continue his service as a member of the Community Development Commission. Mr. Nichols’ term will begin June 21, 2005, and will expire June 21, 2009.

(d) POCATELLO YOUTH FORUM APPOINTMENTS: Council may wish to confirm the Mayor’s appointments of the following individuals to serve as members of the Pocatello Youth Forum: Ashley Bennett, Christina Beseris, Fiona Christensen, Melissa Christensen, Aaron Ferro, Amanda Hays, Chris Hiltbrand, Janet Little, Rebecca Loveland, Ashley McDougall, Leslie McNell, Elise Moore, Kristina Muhonen, Crystal Seaman, Kathrine Simmons, Chelsey Smith, Katie Stuart, Katie Vanek, Ashley Wadsworth and Sara Welker. All terms begin June 17, 2005, and will expire in June of the year the student graduates from high school.

(e) GRANT ACCEPTANCE: Council may wish to accept a $6,000.00 grant from the Idaho Governor’s Lewis and Clark Committee for the August 5 and 6, 2005, Commemoration of Sacajawea and authorize the signature of all necessary documents and contracts, subject to Legal Department approval.

(f) SETTLEMENT AGREEMENT RATIFICATION: Council may wish to ratify the Mutual Settlement and Release Agreement between BECO Construction Co., Inc. and the City of Pocatello.

(g) VOLUNTEER INTERN CONTRACT: Council may wish to approve a volunteer intern contract with John Walker as an analyst intern with the Finance Department. The contract requires Mr. Walker to provide 270 hours of service and is part of the requirements for the masters degree program in Public Administration at ISU.
(h) CONCESSION LICENSE: Council may wish to approve a concession license, subject to the Parks and Recreation Director’s conditions, for Glenna Jo Chambers to allow the sell of balloon animals at the following parks: Caldwell, Ross Park, NOP, and Raymond. Ms. Chambers has paid the $50.00 license fee.

(i) CONCESSION LICENSE: Council may wish to approve a concession license, subject to the Parks and Recreation Director’s conditions, for Brandee Hewatt and Tina Saighman to sell food and drink at the temporary booth at OK Ward Park from June 13th to July 22nd.

(j) COUNCIL DECISION: Council may wish to adopt their decision of June 2, 2005, approving, with conditions, the final plat for Highland Meadows.

(k) DAY CARE EMPLOYEE LICENSE DENIAL: Council may wish to accept the recommendation of the Police Chief and deny the day care employee license application for Nora John.

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: BID: Council may wish to consider bids that were received on June 14, 2005, for one self-propelled cold planer for the Street Department.

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. 8: HEARING EXAMINER-VARIANCE: Hal Jensen of Lystrup/Jensen Architects (mailing address: 1133 Call Creek Place, Pocatello ID 83201) representing the Church of Jesus Christ of Latter Day Saints, requests a variance from the setback requirements for an additional parking lot adjacent to the church at 954 East Walnut. The applicant proposes a 10 to 15 foot side street setback where Municipal Code 17.20.170 requires 20 feet. The property is located in a Residential zoning district with an open space factor of 2.0. Following a public hearing on May 26, 2005, Hearing Examiner Chuck Prince recommended approval of the request.

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. 9: PUBLIC HEARING-CDBG ANNUAL PERFORMANCE REPORT: As required by the U.S. Department of Housing and Urban Development (HUD), this time has been set aside for the Council to consider any comments from the public concerning the 2004/2005 Community Development Block Grant (CDBG) Annual Performance Report. The draft report has been available for public review since May 31, 2005. Planning and Development Services staff recommends approval of the report and requests Council direction to finalize and submit the report including a summary of any public input to HUD on or before June 30, 2005.

AGENDA ITEM NO. 10: “COUNCIL SELECT” FUNDING REQUEST-KIWANIS CLUB OF POCATELLO: The Kiwanis Club of Pocatello, Inc. is requesting that “Council Select” funds be used for the following items associated with the 37th Annual Bing Hong Kiwanis Pancake Breakfast planned for June 25th and June 26th: 1) $150.00 rental fee for pavilion, and 2) $318.00 table rental and moving fees for 20 tables. The total amount requested is $468.00. As of June 10, 2005, there is $11,507.40 in the “Council Select” line item.

AGENDA ITEM NO. 11: “COUNCIL SELECT” FUNDING REQUEST-BOY SCOUT TROOP 315: Betty Kemmerer, representing Boy Scout Troop 315, is requesting that “Council Select” funds in the amount of $45.00 be used to reimburse the Scout Troop for a park reservation fee paid for Sister City Park. The Troop used the park for a flag retirement ceremony. As of June 10, 2005, there is $11,507.40 in the “Council Select” line item.

AGENDA ITEM NO. 12: “COUNCIL SELECT” FUNDING REQUEST-PHIL MEADOR: Phil Meador, representing the Biggest Show in Idaho, is requesting that “Council Select” funds be used for the following items associated with the Biggest Show in Idaho planned for July 4th at the Bannock County Fairgrounds: 1) $318.00 for table transportation and rental fees for twenty tables, and 2) $311.27 to cover charges associated with sanitation services necessary for the event. The total amount requested is $629.27. As of June 10, 2005, there is $11,507.50 in the “Council Select” line item.

AGENDA ITEM NO. 13: “COUNCIL SELECT” FUNDING REQUEST-PORTNEUF GREENWAY FOUNDATION: The Portneuf Greenway Foundation is requesting that “Council Select” funds be used for table rental and transportation fees for ten tables, in the amount of $159.00, for the RiverRomp planned for June 25th. At the April 7, 2005, Regular City Council meeting the Council authorized expending $539.00 from the “Council Select” fund to cover other expenses for the event. As of June 10, 2005, there is $11,507.50 in the “Council Select” line item.

AGENDA ITEM NO. 14: TEMPORARY STREET CLOSURE REQUEST: Council may wish to consider a request, from Old Town Pocatello, for street closures from 11:00 A.M. to 4:00 P.M. for the July 6, 2005, Great Race event.

AGENDA ITEM NO. 15: APPEAL OF FENCE VARIANCE DECISION: Lane Probart (mailing address: 953 Berryman, Pocatello ID 83201) is appealing a decision by the building Board of Appeals in regard to a fence variance request for his property at 953 Berryman. The Board denied the request for a six foot (6’) privacy fence surrounding the front yard where Municipal Code 15.28.030(E) states that a fence can be no greater than four foot (4’) in the front setback. The applicant requested that the six foot (6’) fence be allowed to provide increased privacy for a garden or above ground swimming pool and to decrease traffic noise.

AGENDA ITEM NO. 16: RESOLUTION-TRAFFIC SIGNAL COORDINATION: Council may wish to adopt a resolution approving an agreement, subject to Legal Department approval, between the City of Pocatello, City of Chubbuck, and the Idaho Transportation Department for the operation of traffic signals on selected arterial routes within the cities of Pocatello and Chubbuck. The agreement provides for a management committee, an operation committee and for cost sharing. The City of Pocatello Traffic Engineer’s office will be responsible for system optimization. The State is constructing the Traffic Signal Coordination Project with federal funds.

AGENDA ITEM NO. 17: REVOCATION OF RIGHT-OF-WAY USE LICENSE AND MAINTENANCE AGREEMENT: Council may wish to revoke the Revocable Right of Way Use License and Maintenance Agreement granted to South Cliffs Business Park Association, Inc., on October 1, 2003, as the grantee has failed to provide the City with an appropriate Certificate of Public Liability Insurance, as required by paragraph 2 of the license. The Council may also wish to instruct the Legal Department to enforce the remedies afforded the City by the Revocable License.

AGENDA ITEM NO. 18: POCATELLO ZOOLOGICAL SOCIETY REQUESTS: Council may wish to consider requests received from the Pocatello Zoological Society for the event titled “A Midsummer’s Night for the Zoo”, which will be held July 16, 2005. The Society is requesting that beer and wine be allowed at the Fort Hall Replica Amphitheater during the event and that the Mayor be authorized to sign, subject to Legal Department approval, the necessary contracts with performers for the event.

AGENDA ITEM NO. 19: CONTRACT: Council may wish to approve, subject to Legal Department approval, a contract between the City of Pocatello and the Idaho Department of Fish and Game, which modifies a Wildlife Conservation and Restoration Program grant contract, transferring the grant and remaining funds from the Portneuf Valley Chapter Audubon Society to the Pocatello Zoo. The $14,000.00 grant has $5,000.00 remaining for completing educational traveling wildlife display trunks. The Zoo will retain ownership of the trunks.

AGENDA ITEM NO. 20: RESOLUTION: Council may wish to adopt a resolution establishing a cooperative program for the development of an integrated regional water resources and wastewater reclamation management plan.

AGENDA ITEM NO. 21: “COUNCIL SELECT” FUNDING REQUEST-CONVENTION AND VISITORS BUREAU: The Convention and Visitors Bureau is requesting that “Council Select” funds in the amount of $88.00 be used to pay the transportation fees, that have already been reduced, associated with the Great Race that will be held on July 6th. As of June 10, 2005, there is $11,507.50 in the “Council Select” line item.

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 annexing and zoning, Residential with and open space factor of 3.5, a parcel of land east of Vista Drive. (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.

City of Pocatello Council Agenda 5/19/2005

2005-05-17T07:00:00.000-06:00

REGULAR CITY COUNCIL MEETING,MAY 19, 2005 - 6:00 P.M.

COUNCIL CHAMBERS

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 Captain Ben LaBarge, representing the Salvation Army.

(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 7, 2005; the Executive Session of April 21, 2005; the Agenda Clarification and Regular City Council meeting of April 21, 2005; and the Joint Cities/County/School meeting of May 5, 2005.

(b) TREASURER’S REPORT: Council may wish to consider the Treasurer’s Report from April, showing cash receipts and disbursements of April and cash on hand as of May 1, 2005, in the amount of $ .

(c) ANIMAL SHELTER ADVISORY BOARD: Council may wish to confirm the Mayor’s appointment of Karen Collins to serve as a member of the Animal Shelter Advisory Board, replacing Denzell Smith whose term expired. Ms. Collin’s term will begin May 20, 2005, and will expire May 20, 2007.

(d) HISTORIC PRESERVATION COMMISSION REAPPOINTMENT: Council may wish to confirm the Mayor’s reappointment of Kristen Lyon to continue her service as a member of the Historic Preservation Commission. Ms. Lyon’s term will begin June 7, 2005, and will expire June 7, 2008.

(e) PARKS AND RECREATION ADVISORY BOARD APPOINTMENT: Council may wish to confirm the Mayor’s appointment of Gregory Call to serve as the Ross Park Zoological Society representative on the Parks and Recreation Advisory Board, replacing Stacie Gebo whose term expired. Mr. Call’s term will begin May 22, 2005, and will expire May 22, 2007.

(f) PARKS AND RECREATION ADVISORY BOARD REAPPOINTMENT: Council may wish to confirm the Mayor’s appointment of Jacquee Alvord, representing the Fort Hall Replica Commission, and Gene Wiggers to continue their service as members of the Parks and Recreation Advisory Board. Mr. Wiggers’ term will begin May 15, 2005, and will expire May 15, 2007. Ms. Alvord’s term will begin May 21, 2005, and will expire May 21, 2007.

(g) COUNCIL DECISION: Council may wish to adopt its decision of April 21, 2005, approving, with conditions, the Savannah Creek Subdivision Final Plat, located southwest of Bannock Highway on an extension of Nez Perce Road.

(h) COUNCIL DECISION: Council may wish to adopt its decision of April 21, 2005, granting the appeal, by Gary and Rita Bybee, from a Community Development Commission’s decision. The Council’s decision allows a non-conforming roof sign to remain at 501 East Halliday.

(i) COUNCIL DECISION: Council may wish to adopt its decision of April 21, 2005, granting an extension to an exception granted May 6, 2004, to Bill Isley for property at the South Cliffs Business Park, for an additional one-year postponement of development standards requiring that parking lots be paved.

(j) COUNCIL DECISION: Council may wish to adopt its decision of May 5, 2005, granting a variance, with conditions, to Gateway Habitat for Humanity, from setback requirements to allow construction of a residence at the northeast corner of North 9^th Avenue and East Sherman Street.

(k) COUNCIL DECISION: Council may wish to adopt its decision of May 5, 2005, granting a variance, with conditions, to Gary Chisum of Pro Builders, representing Jim Rogers and KPVI/Sunbelt Communications, from size restrictions for accessory buildings on residential lots to allow remodeling of an existing 4800 square foot structure with a 40’ x 50’ three-sided hay-shed addition on the south end on property at 5520 Bannock Highway.

(l) COUNCIL DECISION: Council may wish to adopt its decision of May 5, 2005, approving, with conditions, a final plat for Riverside Greens First Addition, located on an extension of Lundberg Lane, north and west of Riverside Golf Course.

(m) COUNCIL DECISION: Council may wish to adopt its decision of May 5, 2005, approving, with conditions, a final plat for Riverside Greens Second Addition, located west of Lundberg Lane, north and west of Riverside Golf Course.

(n) COUNCIL DECISION: Council may wish to adopt its decision of May 5, 2005, approving, with conditions, a final plat for Hidden Valley Residential 4^th Addition, located on an extension of La Montagna.

(o) DAY CARE EMPLOYEE DENIAL: Council may wish to adopt the decision of the Police Chief and deny the Day Care Employee license for Amanda Davis.

(p) DAY CARE EMPLOYEE DENIAL: Council may wish to adopt the decision of the Police Chief and deny the Day Care Employee license for Amanda Groneman.

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. 7: BID: Council may wish to accept the bid received from Pacific Recycling in the amount of $30.00 per ton (less one ton for waste plus tow bills) for the disposal by salvage of two 1976 Flexible Buses. The units have been used for parts for more than five years and cannot be auctioned.

HEARING EXAMINER RECOMMENDATIONS: The following item is a recommendation from the Hearing Examiner for a conditional use permit.

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. 8: HEARING EXAMINER-CONDITIONAL USE PERMIT-CHRISTENSEN: Larry Christensen of the Ink Spot (mailing address: PO Box 4821, Pocatello ID 83205-4821) requests a conditional use permit to operate an ink and toner store in the residence at 1256 East Center. Municipal Code 17.24.030(D) allows such use in Neighborhood-Commercial-Professional zoning districts with a Light Traffic rider through the conditional use permit process. Following a public hearing on April 28, 2005, Hearing Examiner Keeven Shropshire recommended denial of the request.

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. 9: PUBLIC HEARING-REZONING REQUEST: This time has been set aside for Council to hear comments from the public concerning a proposal to rezone properties west of North 3^rd Avenue, north of East Clark, and east of Pocatello Avenue from Industrial to Commercial General. Following a public hearing on April 27, 2005, the Community Development Commission recommended approval of the request.

AGENDA ITEM NO. 10: TEMPORARY EXCEPTION: At the May 5, 2005, Regular City Council meeting the Council postponed action on a request from Roy Miller, Jr. (mailing address: 6034 Fruitwood, Pocatello ID 83204), that an exception be granted to allow a gravel parking lot for vehicle display for a two year period on the corner of Gould and Garrett Way, at the Westwood Mall. The exception would be to Municipal Code Section 17.44.030(F) which requires that “Parking lot areas shall be surfaced with an all weather material capable of holding permanent marking to demarcate parking spaces and traffic patterns.” Engineering and Planning staff recommends denial for reasons outlined in the staff report.

AGENDA ITEM NO. 11: RIGHT-OF-WAY USE LICENSE: Council may wish to consider a request by Tom Arave of Arave Construction (mailing address: 1395 N.W. Main, Blackfoot ID 83221) to grant a right-of-way use license to allow a newly constructed boulder retaining wall to remain in the public right-of-way of East Terry at the corner of Hospital Way. Planning and Engineering staff recommends approval with conditions.

AGENDA ITEM NO. 12: HALLIWELL BALLFIELD USAGE AGREEMENT: Council may wish to consider approval of the Halliwell Ballfield Usage Agreement with the Pocatello and Highland American Legion teams. Staff recommends approval of the usage agreement.

AGENDA ITEM NO. 13: EXCEPTION REQUEST: The Pocatello American Legion Runnin’ Rebels Baseball program is requesting an exception to Municipal Code to allow them to sell beer at Halliwell Park at two tournaments this summer. The tournaments are June 9^th and 10^th, and June 30^th through July 4^th. The Runnin’ Rebels Baseball program will purchase the required catering permits for the events but is requesting that they only have to pay one $50.00 beer permit fee for the tournaments.

AGENDA ITEM NO. 14: FEE WAIVER REQUEST: 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 24^th Annual PIG OUT on September 17, 2005. The cost to move the tables is $15.90 per table for a total waiver request of $397.50. As of May 15, 2005, $11,905.00 remains in the “Council Select” line item.

AGENDA ITEM NO. 15: FARM LEASE AGREEMENT: Council may wish to approve a five year Farm Lease Agreement between the City of Pocatello and Nathan Schroeder to continue the economical beneficial reuse of biosolids for the nutrient and soil building properties to grow crops on City owned property set aside and reserved for this purpose. The reuse of biosolids is a critical component of the wastewater treatment system.

AGENDA ITEM NO. 16: RURAL GRANT AGREEMENT: Council may wish to approve execution of the Rural 5311/5311f 2005 Grant Agreement, ID-18-X023/PRT between the City of Pocatello, Public Transit Department, and the Idaho Transportation Department, Division of Public Transportation. The grant agreement is for $146,569.00 which is 67.5% of the funds requested. Therefore, Council may also wish to authorize the Public Transit Director to sign additional agreements under the grant as the remaining funds become available. No City funds support rural operations or rural match.

AGENDA ITEM NO. 17: CORPORATE SPONSORSHIP AGREEMENTS: Council may wish to approve Corporate Sponsorship Agreements for the Portneuf Valley Fun Run/Walk Challenge Series. The agreements and sponsor dates are: Portneuf Heart and Vascular Center, June 11^th; Pocatello Cardiology, July 16^th; The Pressbox and Idaho Sporting Goods, August 13^th; and Simplot, September 24^th. The agreements specify the responsibilities of the sponsor and the City. Staff recommends approval of the agreements.

AGENDA ITEM NO. 18: LEASE EXTENSION: Council may wish to approve a five year lease extension with the Idaho State Liquor Dispensary on the property at 726 East Sherman. The lease extension increases the current rental rate at 3% per year, culminating at $34,800.00 per year in 2009.

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:

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 abandoning and vacating the alley right-of-way in Block 343 of the Pocatello Townsite and a portion of the public right-of-way of East Fremont Street lying between the southwesterly right-of-way line of North 3^rd Avenue and the easterly right-of-way line of Pocatello Avenue. (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.

Study Session & Special Budget Meeting May 12, 2005

2005-05-10T07:05:00.000-06:00

A G E N D A
CITY OF POCATELLO, IDAHO
CITY COUNCIL STUDY SESSION
MAY 12, 2005 -- 9:00 A.M., COUNCIL CHAMBERS

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 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.

1: ROLL CALL.

2: DISABLED CITIZENS ADA/504 COORDINATING COMMITTEE UPDATE: Representatives from the Disabled Citizens ADA/504 Coordinating Committee will be present to discuss the Committee’s goals and projects, as well as Council’s policies and expectations.

3: FAIR HOUSING COMMITTEE UPDATE: Representatives from the Fair Housing Committee will be present to discuss the Committee’s goals and projects, as well as Council’s policies and expectations.

4: CHEYENNE OVERPASS UPDATE: John Buttenob of HDR Engineers will be in attendance to update the Council on the status of the Cheyenne Safety Improvement Project.

5: CITY CREEK AREA DEVELOPMENT CONCERNS: This time has been set aside to discuss concerns with the proposed City Creek Estates Subdivision development.

CITY COUNCIL MEETING
CITY OF POCATELLO, IDAHO

MAY 12, 2005 – IMMEDIATELY FOLLOWING THE STUDY SESSION

CITY COUNCIL CHAMBERS

Notice is hereby given that the City Council will hold a meeting for budget development on Thursday, May 12, 2005, immediately following the Study Session in the Council Chambers at City Hall, 911 North 7th Avenue.

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.

Executive Session and Council Meeting 4/21/2005

2005-04-19T10:49:00.000-06:00

EXECUTIVE SESSION MEETING NOTICE

CITY COUNCIL, CITY OF POCATELLO, IDAHO
APRIL 21, 2005 – 5:00 P.M.

IWAMIZAWA CONFERENCE ROOM

The City Council will meet in an Executive Session on Thursday, April 21, 2005, at 5:00 P.M. in the Iwamizawa Conference Room, in accordance with Idaho Code 67-2345(1)(f) to consider and advise its legal representatives in pending litigation or where there is a general public awareness of probable litigation.

A G E N D A

CITY OF POCATELLO REGULAR CITY COUNCIL MEETING

APRIL 21, 2005 - 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.
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 Council meeting of April 7, 2005; the Study Session of April 14, 2005; and the Council meeting of April 14, 2005.

(b) TREASURER’S REPORT: Council may wish to consider the Treasurer’s Report for March, showing cash receipts and disbursements of March and cash on hand as of April 1, 2005, in the amount of $ .

(c) FRIENDS OF THE CEMETERY COMMITTEE: Council may wish to confirm the Mayor’s appointment of Harlow Andersen to serve as a member of the Friends of the Cemetery Committee, replacing Joseph Richmond who resigned. Mr. Andersen’s term will begin April 22, 2005, and will expire June 4, 2006.

(d) HOUSING AUTHORITY OF POCATELLO APPOINTMENT: Council may wish to confirm the Mayor’s appointment of David D. Packer to serve as a member of the Housing Authority of Pocatello, replacing Gene Galloway whose term expired. Mr. Packer’s term will begin April 22, 2005, and will expire April 22, 2010.

(e) POCATELLO ARTS COUNCIL APPOINTMENT: Council may wish to confirm the Mayor’s appointment of J. D. Adcox to serve as a member of the Pocatello Arts Council, replacing Sheila Bush who resigned. Mr. Adcox’s term will begin April 22, 2005, and will expire February 1, 2008.

(f) COUNCIL DECISION: Council may wish to adopt its decision of March 17, 2005, approving the final plat, with conditions, for Partridge Ridge Subdivision, 5th Addition.

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: BID-SKYLINE DRIVE SANITARY SEWER: Council may wish to award the bid for the Skyline Drive Sanitary Sewer Replacement Project to the lowest responsive bidder, Accelerated Paving, who submitted a bid in the amount of $143,239.88, with the option of adding the alternate bid items by change order in the amount of $21,704.90. The project involves the replacement of sanitary sewer pipes and manholes on steep terrain located between Skyline Drive and Willow Avenue. If accepted the work will begin in May of 2005 and will be completed by July of 2005. Funds for this project are budgeted and available in the Water Pollution Control capital account.

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-APPEAL OF SIGN EXCEPTION DECISION: This time has been set aside for the Council to hear comments from the public concerning an appeal from Gary and Rita Bybee, owners of a commercial property at 501 East Halliday (mailing address: PO Box 22, Inkom ID 83245), of a Community Development Commission (CDC) decision in regards to a sign exception request for Unique Antiques at 501 East Halliday. The CDC denied their request to allow a nonconforming roof sign to remain.

AGENDA ITEM NO. 9: PUBLIC HEARING-VACATION OF RIGHT OF WAY: This time has been set aside for the Council to hear comments from the public concerning a proposal to vacate and abandon the public’s interest in portions of existing right-of-way of East Fremont, between Pocatello Avenue and North 3rd Avenue and the alley right-of-way located between East Fremont, East Lander, Pocatello Avenue, and North 3rd Avenue. Planning staff recommends approval with conditions.

AGENDA ITEM NO. 10: PUBLIC HEARING-ANNEXATION AND ZONING REQUEST: This time has been set aside for the Council to hear comments from the public concerning a request by Bill Isley of Tuscany Hills Development Co. (mailing address: 444 Hospital Way #777, Pocatello ID 83201), represented by J. Mitchell Greer of Rocky Mountain Engineering and Survey (mailing address: 155 South 2nd Avenue, Pocatello ID 83201), to annex and zone an approximately 1-acre area of land extending the City limits east of Vista Drive and west of the future extension of East Center Street. The property is requested for Residential zoning with an open space factor of 3.5. Following a separate public hearing on March 23, 2005, the Community Development Commission recommended approval of the request.

AGENDA ITEM NO. 11: FINAL PLAT-SAVANNAH CREEK SUBDIVISION: Chet Lackey (mailing address: 5655 Arrowhead Drive, Pocatello ID 83204), represented by Rocky Mountain Engineering and Surveying (mailing address: 155 South 2nd Avenue, Pocatello ID 83201), has submitted a final plat to subdivide an area of approximately 2.6 acres into 6 residential lots. The property is located southwest of Bannock Highway, on an extension of Nez Perce Road and is to be known as Savannah Creek Subdivision. The Community Development Commission recommended approval of the preliminary plat with conditions at their January 26, 2005, meeting and the developer has submitted a final plat that addresses those conditions. City Public Works staff recommends approval with conditions.

AGENDA ITEM NO. 12: EXTENSION OF TEMPORARY EXCEPTION TO PARKING LOT STANDARDS: Bill Isley (mailing address: 444 Hospital Way #777, Pocatello ID 83201) requests an extension for the exception granted on May 6, 2004, to allow a gravel parking lot for vehicle display in the South Cliffs Business Park. Planning and Engineering staff recommend denial of the extension request and recommend that the lot be improved based on reasons outlined in the staff’s executive summary.

AGENDA ITEM NO. 13: RENTAL AGREEMENT: Council may wish to approve a Rental Agreement with the ISU Baseball Club for the use of Halliwell Field for games on April 23, 24, 30 and May 1, 2005. The fee for the rental of the field will be $45.00 per day plus the power bill if the lights are needed.

AGENDA ITEM NO. 14: CONCESSION LICENSE AGREEMENT: Council may wish to approve a one year Concession License Agreement with Ken Monroe, doing business as Bar‑Be-Que Ribs, to operate the concession at Optimist/Tydeman Parks during the adult softball program. Mr. Monroe agrees to provide his own concession stand, pay the City 15% of gross sales, and secure the necessary permits and insurance.

AGENDA ITEM NO. 15: CONCESSION LICENSE AGREEMENT: Council may wish to approve a one year renewal of a Concession License Agreement with FORE Golf, Inc. allowing FORE Golf to operate the concession at the site known as Watkins Rainbow Park Softball Complex. The current agreement expires on April 30, 2005.

AGENDA ITEM NO. 16: GRANT ACCEPTANCE: Council may wish to accept a grant from the Cal Ripken, Sr. Foundation. The $3,000.00 grant will pay for police background checks for coaches.

AGENDA ITEM NO. 17: LEASE APPROVAL: Council may wish to approve a lease in the amount of $196,706.00 for a Caterpillar 140 H Motor Grader. Annual lease payments will be $21,888.02. This lease replaces a lease approved on November 4, 2004, which had a lease payment of $20,600.71. The new lease is necessary as the interest amount on the lease increased from 3.5% to 4.5%.

AGENDA ITEM NO. 18: 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.

Ordinances Ready for Reading.

18. (a) An ordinance to revise 6.04.080(A) to include cats in rabies vaccination requirements, to amend 6.04.050(G) to require micro-chipping and alteration within 5 days of conviction for vicious conduct, to amend 6.04.06 to add 30-day time limit to completion of signage and confinement requirements after conviction for vicious conduct; and to amend 6.04.030 to require alteration after an animal has been convicted under the nuisance provisions. (Prepared for three readings)

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.

Idaho Examiner - Pocatello Agendas

COMMUNITY DEVELOPMENT COMMISSION

CITY OF POCATELLO AGENDA - 5/18/2006

HEARING EXAMINER

CITY OF POCATELLO COUNCIL MEETING MAY 4, 2006 - 6:00 P.M.

HEARING EXAMINER AGENDA Thursday, March 23, 2006

COMMUNITY DEVELOPMENT COMMISSION Wednesday, March 22, 2006

POCATELLO CITY COUNCIL MEETING MARCH 16, 2006

CITY COUNCIL STUDY SESSION - MARCH 9, 2006

HEARING EXAMINER AGENDA March 9, 2006

Pocatello Regular City Council Meeting Agenda for February 2, 2006

Pocatello REGULAR CITY COUNCIL MEETING JANUARY 19, 2006 Agenda

POCATELLO DEVELOPMENT AUTHORITY 1/18/2006 Agenda

COMMUNITY DEVELOPMENT COMMISSION Agenda 1/11/2006

CITY OF POCATELLO AGENDA - 1/5/2006

City of Pocatello Council Agenda 12/15/2005

Pocatello City Council Agendas for December 1, 2005

Pocatello City Council Agendas for November 17, 2005

COMMUNITY DEVELOPMENT COMMISSION Meeting 10/26/2005

Pocatello Council Meeting October 20, 2005

COMMUNITY DEVELOPMENT COMMISSION 10/19/2005

POCATELLO DEVELOPMENT AUTHORITY TO MEET OCTOBER 19

CITY COUNCIL STUDY SESSION TODAY

Pocatello City Council Agendas for October 6, 2005

COMMUNITY DEVELOPMENT COMMISSION MEETING 10/5/2005

Pocatello Hearing Examiner Meeting Agenda 9/22/2005

City of Pocatello Council Agenda 9/15/2005

COMMUNITY DEVELOPMENT COMMISSION WORK SESSION 9/14/2005

HEARING EXAMINER AGENDA

FINDINGS AVAILABLE TO PUBLIC

ADMINISTRATIVE HEARING

CITY COUNCIL CONSIDERATION

September 19, 2005

September 22, 2005

October 6, 2005

1:00 p.m.

12:15 p.m.

6:00 p.m.

COMMUNITY DEVELOPMENT COMMISSION WORK SESSION

City of Pocatello Council Agenda 9/1/2005

Pocatello City Council Agendas for August 18, 2005

Pocatello Council Study Session - August 11, 2005

City of Pocatello Council Agenda 7/21/2005

CITY OF POCATELLO, IDAHO CITY COUNCIL STUDY SESSION

City of Pocatello Council Agenda July 7, 2005

REGULAR CITY COUNCIL MEETING, JUNE 16, 2005

City of Pocatello Council Agenda 5/19/2005

Study Session & Special Budget Meeting May 12, 2005

Executive Session and Council Meeting 4/21/2005