City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING APRIL 19, 2012 CLARIFICATION The City Council Agenda Clarification MEETING Meeting was called to order at 5:45 p.m. by Mayor Brian Blad. Council members present were Roger Bray, Steve Brown, Craig Cooper, Jim Johnston, Gary Moore and Eva Johnson Nye. No motions, resolutions, orders or ordinances were proposed. No vote was taken. REGULAR CITY COUNCIL MEETING AGENDA ITEM NO. 1: The Regular City Council meeting was called ROLL CALL AND to order at 6:02 p.m. by Mayor Brian Blad. PLEDGE OF Council members present were Roger Bray, ALLEGIANCE Steve Brown, Craig Cooper, Jim Johnston, Gary Moore and Eva Johnson Nye. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: An invocation was offered by Don Zebe, a INVOCATION representative from the Church of Jesus Christ of Latter-Day Saints. AGENDA ITEM NO. 3: Council was asked to consider the following CONSENT AGENDA business items: -MINUTES (a) Waive the oral reading of the minutes and approve the minutes from the March 22, 2012 Service Level Report meeting. -TREASURER’S (b) Consider the Treasurer’s Report for March REPORT 2012 showing cash and investments as of March 31, 2012 in the amount of $19,681,981.11. -ANIMAL SHELTER (c) Confirm the Mayor’s appointment of Su ADVISORY BOARD Puckett to serve as a member of the Animal APPOINTMENT Shelter Advisory Board, replacing Kathy Reynolds whose term expired. Ms. Puckett’s term will begin April 20, 2012 and will expire April 20, 2014. -COMMUNITY (d) Confirm the Mayor’s appointment of Dorothy DEVELOPMENT BLOCK Hill to serve as a member of the CDBG GRANT (CDBG) Advisory Committee, filling a long-term ADVISORY COMMITTEE vacancy. Ms. Hill’s term will begin April APPOINTMENT 20, 2012 and will expire January 1, 2015. REGULAR CITY COUNCIL MEETING 2 APRIL 19, 2012 -HUMAN RELATIONS (e) Confirm the Mayor’s reappointment of Erika ADVISORY COMMITTEE Kuhlman to continue her service as a member REAPPOINTMENT of the Human Relations Advisory Committee. Dr. Kuhlman’s term will begin April 20, 2012 and will expire April 20, 2016. -PLANNING AND (f) Confirm the Mayor’s appointment of Ryan ZONING COMMISSION Satterfield to serve as a member of the APPOINTMENT Planning and Zoning Commission, replacing Marjanna Hulet whose term expired. Mr. Satterfield’s term will begin April 20, 2012 and will expire April 20, 2016. -POCATELLO ARTS (g) Confirm the Mayor’s reappointments of Ryan COUNCIL Babcock and Jesse Robison to continue their REAPPOINTMENTS service as members of the Pocatello Arts Council. Both terms will begin May 2, 2012 and will expire May 2, 2015. -POCATELLO (h) Confirm the Mayor’s appointment of Darlene DEVELOPMENT Gerry to serve as a member of the Pocatello AUTHORITY Development Authority, replacing Darsi APPOINTMENT Johnson whose term expired. Ms. Gerry’s term will begin May 2, 2012 and will expire May 1, 2016. -POCATELLO (i) Confirm the Mayor’s reappointments of Roger DEVELOPMENT Bray and Cynthia Hill to continue their AUTHORITY service as members of the Pocatello REAPPOINTMENTS Development Authority. Both terms will begin May 1, 2012 and will expire May 1, 2016. -SISTER CITIES (j) Confirm the Mayor’s appointment of Brett COMMITTEE Bawden to serve as a member of the Japanese APPOINTMENT Sister Cities Subcommittee, replacing Jared Cooper whose term expired. Mr. Bawden’s term will begin April 20, 2012 and will expire April 20, 2016. -EXCEPTION (k) Grant an exception to City Ordinance REQUEST – 15TH 12.36.030 prohibiting dogs and animals in ANNUAL RUN WITH Ross Park for the Animal Shelter’s 15th THE BIG DOGS Annual Run with the Big Dogs event on FUNDRAISER Saturday, October 6, 2012. Dogs and their owners will be attending the event. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve the items on the Consent Agenda. Upon roll call, those voting in favor were Moore, Nye, Bray, Brown, Cooper and Johnston. REGULAR CITY COUNCIL MEETING 3 APRIL 19, 2012 AGENDA ITEM NO. 4: Mayor Blad recognized boy scouts from Troop COMMUNICATIONS AND No. 323, No. 374 and No. 369. PROCLAMATIONS Mrs. Nye, on behalf of Mayor Blad, proclaimed April 21, 2012 to be Portneuf Valley Community Environmental Fair Day in Pocatello and encouraged residents, businesses and institutions to support the Fair, and encouraged participation in programs and projects to help build a sustainable community. Mayor Blad presented the proclamation to Hannah Sanger. Ms. Sanger accepted the proclamation and thanked the Mayor and Council for their support of the Environmental Fair. She distributed informational flyers regarding the Environmental Fair to the Council members. Mr. Bray, on behalf of Mayor Blad, proclaimed April 27, 2012 to be Arbor Day in Pocatello and urged citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands. Jerry Bates, Idaho Department of Lands representative, thanked the Mayor and City Council for their support and presented the City with the 15th Annual Tree City USA Award. Mr. Bates also presented the Council members with copies of the Portneuf Valley Tree Guide, a guide to trees which successfully grow in this region. Mr. Moore, on behalf of Mayor Blad, proclaimed the month of May 2012 to be Bike to Work Month, May 14-18, 2012 as Bike to Work Week and May 20, 2012 as Bike to Work Day and encouraged employers to support participation of their employees in the Bike to Work Employee Challenge. Hannah Sanger accepted the proclamation and announced kickoff events for Bike to Work Month would be held on May 1, 2012. AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the CALENDAR REVIEW May 3rd Budget meeting at 9:00 a.m. and Regular City Council meeting at 6:00 p.m.; and the May 10th Study Session at 9:00 a.m. followed by a Budget meeting. Mayor Blad also announced the Portneuf Valley Environmental Fair would be held on April 21st at Optimist Park from 11:00 a.m. to 3:00 p.m.; Medication Take-back Day would be held in conjunction with the Environmental Fair on April 21st; City Creek trail restoration work days are scheduled to take place on April 27 and 28, May 11 and 12, and May 25 and 26, 2012 and volunteers are still needed; the Pocatello Zoo is now open on weekends and will open seven days a week beginning on May 1st; the Parks and Recreation Department Fun Run Series will begin on May 5th with the “Law Day Run”; May 5th is REGULAR CITY COUNCIL MEETING 4 APRIL 19, 2012 the Zoo Volunteer Information Day from 10:00 a.m. to 12:00 noon at the Zoo Administration/Education Center, 3101 Avenue of the Chiefs; the half-price City animal license campaign will run throughout the month of May; and applications for the Sister City youth delegation are being accepted through May 14th. AGENDA ITEM NO. 6: Ralph Baker, 755 North Arthur, announced DISCUSSION ITEMS that a constitution class is offered FROM THE AUDIENCE on the 2nd and 4th Thursdays of the month from 7:00 p.m. to 9:00 p.m. at Chubbuck City Hall. AGENDA ITEM NO. 7: Council was asked to authorize the use of up FAÇADE IMPROVEMENTS to $20,000.00 to make façade improvements to CITY-OWNED BUILDING City-owned property at 323 North Main AT 323 NORTH MAIN Street presently occupied by the Gate City STREET Boxing Club. Funds are available and have been budgeted within the Stanrod Trust for historic preservation projects, subject to Council approval. A motion was made by Mr. Bray, seconded by Mrs. Nye, to authorize the use of up to $20,000.00 to make façade improvements to City- owned property at 323 North Main Street, presently occupied by the Gate City Boxing Club. Upon roll call, those voting in favor were Bray, Nye, Brown, Cooper, Johnston and Moore. AGENDA ITEM NO. 8: Council was asked to accept the WATER DEPARTMENT recommendations of staff and award the Water BIDS Department bids received for the following projects: -SPAULDING (a) Spaulding Booster Station Replacement to BOOSTER STATION Dewall Construction who submitted the lowest REPLACEMENT responsive bid in the amount of $489,900.00; and -SOUTH GARFIELD (b) South Garfield Water Line Replacement WATER LINE Project to Mickelson Construction who REPLACEMENT submitted the lowest responsive bid in the PROJECT amount of $284,178.45. Funds for both projects are available in the department’s Fiscal Year 2012 budget. A motion was made by Mrs. Nye, seconded by Mr. Brown, to accept the recommendations of staff and award the Water Department bids to Dewall Construction in the amount of $489,900.00 and Mickelson Construction in the amount of $284,178.45. Upon roll call, those voting in favor were Nye, Brown, Bray, Cooper, Johnston and Moore. REGULAR CITY COUNCIL MEETING 5 APRIL 19, 2012 AGENDA ITEM NO. 9: Council was asked to accept the AIRPORT 17/35 recommendations of staff and award the RUNWAY BID Airport Runway 17/35 Rehabilitation bid -GALE LIM received on March 28, 2012 to Gale Lim CONSTRUCTION, LLC Construction, LLC who submitted the lowest responsive bid in the amount of $4,599,564.92. A motion was made by Mr. Moore, seconded by Mr. Bray, to accept the recommendations of staff and award the Airport Runway 17/35 Rehabilitation bid received on March 28, 2012 to Gale Lim Construction, LLC in the amount of $4,599,564.92. In response to a question from Council, David Allen, Airport Manager, stated that six bids were received and reviewed by City staff, the contracted engineering firm and the FFA. Mr. Moore’s motion was voted upon at this time. Upon roll call, those voting in favor were Moore, Bray, Brown, Cooper, Johnston and Nye. AGENDA ITEM NO. 10: Council was asked to authorize a Memorandum MOU-2012 EDWARD BYRNE of Understanding (MOU) between the Bannock MEMORIAL JUSTICE County Sheriff’s Office and the Pocatello ASSISTANCE GRANT Police Department accepting the 2012 Byrne Grant. The Police Department is scheduled to receive $18,789.00 which will be used to purchase a radio, patrol rifles and digital cameras. There is no match requirement and the Sheriff’s Office will administer the grant. A motion was made by Mr. Moore, seconded by Mrs. Nye, to authorize a Memorandum of Understanding with the Bannock County Sheriff’s Office to accept the 2012 Byrne Grant which will be administered by the Bannock County Sheriff’s Office in the amount of $18,789.00. Upon roll call, those voting in favor were Moore, Nye, Bray, Brown, Cooper and Johnston. AGENDA ITEM NO. 11: Council was asked to consider a Use USE AGREEMENT Agreement, subject to Legal Department –ROCKY MOUNTAIN approval, with Dennis Udy, dba Rocky SCHOOL OF BASEBALL Mountain School of Baseball (RMSB) for use of the City’s baseball fields for their youth baseball tournament on May 11 and 12, 2012 and NOP fields for league games in April through June 2012. RMSB will be required to pay the applicable rental fees and provide liability insurance, naming the City as an additional insured. In addition, they will be responsible for field maintenance, and any damages and any additional costs incurred by the City as a result of their use. This agreement is similar to previous agreements with RMSB. REGULAR CITY COUNCIL MEETING 6 APRIL 19, 2012 A motion was made by Mrs. Nye, seconded by Mr. Brown, to approve a Use Agreement, subject to Legal Department approval, with Dennis Udy, dba Rocky Mountain School of Baseball (RMSB) for use of the City’s baseball fields for their youth baseball tournament on May 11 and 12, 2012 and NOP fields for league games in April through June 2012 and that RMSB will be required to: a) pay the applicable rental fees; b) provide liability insurance, naming the City as an additional insured; and c) be responsible for field maintenance and any damages and any additional costs incurred by the City as a result of their use. Mayor Blad clarified that the events did not conflict with the Bannock Boys Baseball program. Mrs. Nye’s motion was voted upon at this time. Upon roll call, those voting in favor were Nye, Brown, Bray, Cooper, Johnston and Moore. AGENDA ITEM NO. 12: Council was asked to consider a Use USE AGREEMENT Agreement, subject to Legal Department -POCATELLO 50 approval, with Luke Nelson, dba Pocatello 50 TRAIL RACE Trail Race for use of a portion of the City Creek Management Area for the event. The trail race will be held on June 2, 2012 with course set-up on June 1, 2012. Mr. Nelson will be charged $100.00 for the use and also required to provide liability insurance, naming the City as an additional insured and will be responsible for set-up, cleaning of the area after the event, and any damages and any additional costs incurred by the City as a result of the event. This agreement is similar to previous agreements for this event, previously called the Pocatello 50 Mile Endurance Race. A motion was made by Mr. Bray, seconded by Mr. Moore, to approve the Use Agreement, subject to Legal Department approval, with Luke Nelson, dba Pocatello 50 Trail Race for use of a portion of the City Creek Management Area to be held on June 2, 2012 with course set-up on June 1, 2012 and that Mr. Nelson will be: a) charged $100.00 for the use; b) required to provide liability insurance, naming the City as an additional insured; and c) responsible for set-up, cleaning of the area after the event and any damages and any additional costs incurred by the City as a result of the event. Upon roll call, those voting in favor were Bray, Moore, Brown, Cooper, Johnston and Nye. AGENDA ITEM NO. 13: Council was asked to consider a Use USE AGREEMENT AND Agreement, subject to Legal Department EXCEPTION-PEDAL FEST approval, with Ed Gygli, President of Pedal Fest, for use of the City Creek Management Area for the annual Pedal Fest mountain bike race on June 9, 2012 with race setup on June 8, 2012. If approved, Pedal Fest will be required to pay the applicable fee and provide liability insurance, REGULAR CITY COUNCIL MEETING 7 APRIL 19, 2012 naming the City as an additional insured. Council may also wish to consider a request from the Pedal Fest Committee to grant an exception to City Code 12.35.050 to allow the consumption of alcohol in Centennial Park as part of their post-race activities. If granted, they will need to obtain a beer permit through the Parks and Recreation Department and pay the applicable fee. A motion was made by Mrs. Nye, seconded by Mr. Moore, to approve a Use Agreement, subject to Legal Department approval, with Ed Gygli, President of Pedal Fest, for use of the City Creek Management Area for the annual Pedal Fest mountain bike race to be held on June 9, 2012 with race setup on June 8, 2012 and also grant an exception to City Code 12.35.050 to allow the consumption of alcohol in Centennial Park as part of the post-race activities and that Pedal Fest will: a) be required to pay the applicable use fee; b) provide liability insurance, naming the City as an additional insured; c) be required to obtain a beer permit through the Parks and Recreation Department; and d) pay the applicable beer permit fee. In response to a question from Council, Mr. Gygli stated the number of race participants will be limited to 200 and organizers believe the trails will adequately sustain the anticipated traffic. Mrs. Nye’s motion was voted upon at this time. Upon roll call, those voting in favor were Nye, Moore, Bray, Brown, Cooper and Johnston. AGENDA ITEM NO. 14: Council was asked to authorize entering into USE AGREEMENT a Use Agreement with the City of Idaho Falls –CITY OF IDAHO FALLS Fire Department under which their staff will FIRE DEPARTMENT use the Pocatello Fire Department’s Airport Rescue and Firefighting training facility at the Pocatello Regional Airport. The term of the agreement is one day and the City of Pocatello will be compensated for the facility fee and materials usage. Mayor Blad clarified that the term will be two (2) days and will take place April 26 and 27, 2012. A motion was made by Mr. Moore, seconded by Mr. Brown, to authorize entering into a Use Agreement with the City of Idaho Falls Fire Department to use the Pocatello Fire Department’s Airport Rescue and Firefighting training facility at the Pocatello Regional Airport for a term of two (2) days on April 26 and 27, 2012 and that the City of Idaho Falls will pay a facility and materials usage fee, subject to Legal Department approval. Upon roll call, those voting in favor were Moore, Brown, Bray, Cooper, Johnston and Nye. REGULAR CITY COUNCIL MEETING 8 APRIL 19, 2012 AGENDA ITEM NO. 15: Council was asked to consider the following ACCEPTANCE OF easement requests, subject to Legal EASEMENT REQUESTS Department approval, by D.L. Evans Bank to -D.L. EVANS BANK the City and if approved authorize the Mayor’s Signature on the easement documents. TEMPORARY (a) Accept a temporary construction easement CONSTRUCTION from D.L. Evans Bank. Pursuant to Municipal EASEMENT Code, the City must build a retaining wall on a steeply sloped parcel of land where the City will be building a water booster station in the Boulders Subdivision. The Easement allows the City to excavate and grade within a forty-foot easement in order to build the retaining wall, and requires the City to restore the easement area to its pre- construction condition upon completion of the retaining wall. This project is included in the Fiscal Year 2012 Water Department budget; and PUBLIC UTILITY (b) Accept a public utility easement for a EASEMENT water line placed across undeveloped land which was initially included in the Boulders Subdivision Development. The developer of Boulders Subdivision, Pheasant Ridge Development, later reduced the subdivision development to phases, and the water line was not included in the plat of the first phase of development. D.L. Evans Bank is a successor in interest to Pheasant Ridge Development. The water line lies under what is proposed to be a public right-of-way in future development, and serves the first phase of the subdivision. A motion was made by Mr. Bray, seconded by Mrs. Nye, to approve easement requests 15(a) and 15(b), subject to Legal Department approval, by D.L. Evans Bank to the City and if approved, authorize the Mayor’s signature on the easement documents. Upon roll call, those voting in favor were Bray, Nye, Brown, Cooper, Johnston and Moore. AGENDA ITEM NO. 16: Council was asked to approve the renewal of AIRPORT-FARM LEASE four (4) leases for farm ground in the AGREEMENTS FOR vicinity of the Pocatello Regional Airport. BIOSOLID LAND The lease terms are five (5) years and APPLICATIONS provide for the application of biosolids on the farm ground, a process which supports the City’s compliance with its NPDES Permit. The lessees, acreage, and annual rental rates are: EDWARD SMITH AND (a) 931 acres, five-year term, rental rate CHRISTINE SMITH $64,006.25 annually. NATHAN SCHRODER (b) 124.6 acres, five-year term, rental rate $11,747.70 annually. REGULAR CITY COUNCIL MEETING 9 APRIL 19, 2012 NATHAN SCHRODER (c) 142 acres, five-year term, rental rate $14,093.50 annually. NATHAN SCHRODER (d) 166 acres, five-year term, rental rate 16,475.50 annually. A motion was made by Mr. Johnston, seconded by Mr. Brown, to approve the renewal of four (4) leases as outlined in Agenda Item 16(a) through 16(d) for farm ground in the vicinity of the Pocatello Regional Airport for lease terms of five (5) years, subject to Legal Department approval. Upon roll call, those voting in favor were Johnston, Brown, Bray, Cooper, Moore and Nye. AGENDA ITEM NO. 17: Council was asked to adopt a resolution RESOLUTION - IDAHO authorizing the Mayor to execute required SURPLUS FEDERAL documents in order for the City to continue PROPERTY PROGRAM to be eligible to participate in the Idaho Surplus Federal Property Program, and appointing specific City employees to act as authorized agents of the City to acquire such property. A motion was made by Mr. Moore, seconded by Mr. Bray, to adopt a resolution (2012-05), authorizing the Mayor to execute required documents in order for the City to continue to be eligible to participate in the Idaho Surplus Federal Property Program, and appointing specific City employees to act as authorized agents of the City to acquire such property. Upon roll call, those voting in favor were Moore, Bray, Brown, Cooper, Johnston and Nye. AGENDA ITEM NO. 18: Council was asked to approve SunTrust STREET PAVER LEASE Equipment Financing Corporation as the PURCHASE-FINANCING financing vendor for a street paver purchase SUNTRUST and authorize the Mayor to sign necessary documents, subject to Legal Department approval. SunTrust proposes to finance $346,512.00 over five (5) years with an interest rate of 1.793%. A motion was made by Mrs. Nye, seconded by Mr. Johnston, to approve SunTrust Equipment Financing Corporation as the financing vendor for a street paver purchase in the amount of $346,512.00 over five (5) years with an interest rate of 1.793%, and authorize the Mayor to sign necessary documents, subject to Legal Department approval. Upon roll call, those voting in favor were Nye, Johnston, Bray, Brown, Cooper and Moore. REGULAR CITY COUNCIL MEETING 10 APRIL 19, 2012 AGENDA ITEM NO. 19: Council was asked to approve and authorize LEASE AGREEMENT the Mayor to sign the renewal Lease RENEWAL-323 NORTH Agreement with Gate City Boxing Club, Inc., MAIN STREET for the property located at 323 North Main GATE CITY BOXING Street. The term is for one (1) year with CLUB, INC. nine (9) automatic one-year renewal terms. The rental fee will remain the same at $1.00 per year. A motion was made by Mr. Moore, seconded by Mr. Bray, to approve a renewal Lease Agreement with Gate City Boxing Club, Inc., for the property located at 323 North Main Street for a term of one (1) year with nine (9) automatic one-year renewal terms at a rental fee of $1.00 per year and authorize the Mayor to sign the Lease Agreement, subject to Legal Department approval. Upon roll call, those voting in favor were Moore, Bray, Brown, Cooper, Johnston and Nye. There being no further business, Mayor Blad adjourned the meeting at 6:51 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI KENDELL, DEPUTY CITY CLERK