City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING MARCH 7, 2013 CLARIFICATION The City Council Agenda Clarification MEETING Meeting was called to order at 5:32 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 6:00 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: The invocation was given by Ilaria Rodriguez INVOCATION from Praise Temple of God. AGENDA ITEM NO. 3: Council was asked to consider the following CONSENT AGENDA business items: -PAYROLL AND (a) Payroll and material claims for the month of MATERIAL CLAIMS February 2013 in the amount of $5,609,934.42. -FRIENDS OF THE (b) Confirm the Mayor’s appointments of Andrea CEMETERY COMMITTEE Galloway and Pamela Sanford to serve as APPOINTMENTS members of the Friends of the Cemetery Committee, replacing Rich Sherry whose term expired and filling a long-term vacancy. Both terms will begin March 8, 2013 and will expire March 8, 2015. -VOLUNTEER (c)Approve a Volunteer Internship Agreement INTERNSHIP with Arthur Lopez to allow Mr. Lopez to AGREEMENT serve as an intern with the City’s Planning and Development Services Department. Mr. Lopez’s position in the P&DS Department will be paid by and through the ISU Career Paths Internship Program at no cost to the City and will begin on March 8, 2013. -COUNCIL DECISION (d) Adopt the Council’s decision to approve the -WINCO/ALAMEDA WinCo replat of Lots 1, 4, and 5, Block 1 of PLAZA SUBDIVISION the Alameda Plaza Subdivision for the REPLAT purpose of reconfiguring the lot lines of said lots in order to align with the curb lines for the entrances and parking lot area, subject to REGULAR CITY COUNCIL MEETING 2 MARCH 7, 2013 conditions. The parcel is situated on the east side of the 1000 block of Yellowstone Avenue. -NMUSAF LOAN (e) Approve and authorize the Mayor to sign a AGREEMENT-AIRPORT renewal loan agreement with the National Museum of the Air Force (NMUSAF) for the F-101 jet currently on display at the Pocatello Regional Airport. The agreement is for a one-year term and there is no rental fee. A motion was made by Mr. Moore, seconded by Mr. Brown, to approve the items on the consent agenda. Upon roll call, those voting in favor were Moore, Brown, Bray, Cooper, Johnston and Nye. AGENDA ITEM NO. 4: Mayor Blad announced there were no COMMUNICATIONS AND communications or proclamations. PROCLAMATIONS AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the March CALENDAR REVIEW 14th Study Session at 9:00 a.m.; and the March 21st Regular City Council meeting at 6:00 p.m. Mayor Blad announced the Zoo volunteer information day would be held on March 9th from 10:00 a.m. to 12:00 p.m. at the Zoo administration building; Celebrate Idaho State Event is scheduled to take place on March 19th from 4:00 p.m. to 7:00 p.m. at the Pond Student Union Building at ISU; the 22nd annual Water Week open house would be held March 11th through March 15th at the Water Department, 1889 North Arthur; and the “Compost Happens” composting program will begin soon, contact the Sanitation Department or visit the City’s website to sign up. Mr. Johnston added that the Celebrate Idaho State event will be a family friendly event, will have 115 vendor booths and is intended to encourage community members to learn more about the University. AGENDA ITEM NO. 6: Idaho Lorax, Pocatello resident, distributed DISCUSSION ITEMS fliers to the Council advertising community FROM THE AUDIENCE events. He expressed his concerns regarding signs on a piece of City-owned property. Mayor Blad reminded Mr. Lorax that there is a process to follow when using City property or requesting signage on City property. Niki Taysom, Pocatello resident, shared her concerns regarding blocked emails, discrimination, gun control, transit, property acquisition and peddler licenses. Mayor Blad stated the City email filter will not allow emails with inappropriate language to be delivered to City computers. REGULAR CITY COUNCIL MEETING 3 MARCH 7, 2013 Ralph Baker, 755 North Arthur Avenue, shared his concerns regarding discrimination. AGENDA ITEM NO. 7:Council was asked to consider a request by EXCEPTION REQUEST Dave Cooper, representing Lithia Motors, to –LITHIA PARKING grant an exception to Municipal Code Section AT POCATELLO SQUARE 17.05.560A to allow temporary installation of compact gravel instead of pavement for 30 months. The applicant also requested an exception be granted to Code Section 17.03.440 which requires placement of a 10-foot landscape setback. Staff recommended denial of the request. Dave Cooper, 2929 Poleline Road, stated the 30 month exception would offer Lithia the opportunity bring in a modular building, provide signage, provide for utility hookups, accommodate ADA requirements and install landscaping to the property. He explained that the parking lot will be a professionally installed compact gravel surface with a paved entrance. Mr. Cooper added the request for a 30-month exception would also allow Lithia adequate time to test the location within the market. Dean Funk, representing Lithia Motors, stated Lithia purchased the property in 2006 and has plans to construct a state of the art sales and service facility. A motion was made by Mr. Johnston, seconded by Mrs. Nye, to approve a temporary exception to the parking lot development standard which requires that all parking, loading, and vehicular access areas be paved, and to allow said areas to be maintained as a compacted gravel surface, subject to certain conditions and approve a temporary exception to the development standard which requires a ten (10) foot landscaped setback area along the frontage of the subject property, and to allow the requirement to be postponed. Both exceptions allowed under the decision shall be in effect for not longer than thirty (30) months from the date of the decision. The conditions for the temporary exceptions to the parking lot development requirement and the landscaped setback requirement are as follows: 1) the Applicant shall apply, or cause to be applied, magnesium chloride or calcium chloride for dust control a minimum of two times per year, or as may be necessary to maintain the graveled area in a dustless condition; 2) the Applicant shall submit design and maintenance plans for the graveled area for review and approval by the Planning and Development Services staff; 3) the Applicant shall maintain the subject property in a neat and orderly condition, including adequate weed control measures; 4) the condition of the gravel sales lot shall be monitored by City staff on a regular basis to verify that weed and erosion control efforts and dust control measures are effective. The Applicant shall cooperate with City staff to facilitate the City’s review of these REGULAR CITY COUNCIL MEETING 4 MARCH 7, 2013 issues; 5) the Applicant shall pave all access drives onto Hurley Drive and Bullock Street and shall provide adequate access routes for life, health and safety responders as defined by the International Fire Code; 6) the Applicant shall develop and maintain the graveled areas on the subject property in compliance with the Idaho Department of Environmental Quality “Catalog of Stormwater Best Management Practices for Cities and Counties”; 7) the Applicant shall comply with the requirements of the City of Pocatello Stormwater Master Plan to manage stormwater on the subject property. All stormwater shall be retained on the subject property; 8) the Applicant shall obtain all necessary permits and plan review and approvals prior to placing a modular structure on the subject property; 9) all signs advertising the Applicant’s business shall be subject to the City of Pocatello Sign Code. The Applicant shall obtain all necessary sign permits; 10) pursuant to PMC §17.05.560(A), the Applicant shall submit its gravel surfacing proposal to the City Public Works Director, or his designee, and the City Fire Chief, or his designee, for review and approval prior to beginning site work on the subject property; 11) the temporary exceptions from the requirement to pave the subject property and the requirement to construct and maintain a ten (10) foot landscaped setback area from the frontage of the subject property along Hurley Drive and Bullock Street shall be in effect for not longer than thirty (30) months from the date of the decision. Thereafter, the development standards in effect at that time shall be enforced; 12) the City reserves the right to rescind either or both of the temporary exceptions granted by this Decision in the event the Applicant fails or refuses to abide by the conditions delineated in the decision, in the event the City or the Applicant is served with a notice of violation by the Environmental Protection Agency pertaining to the subject property, or in the event the Applicant is found to be in violation of any other state or federal regulation pertaining to the subject property. The decision to rescind either or both of said temporary exceptions shall be made by the City Council upon request by City staff; and 12) all City standards/requirements not herein exempted or varied must be met; and that the decision be set out in proper Council Decision format. Matt Lewis, Planning and Development Services Planning Manager, stated City staff is comfortable that all conditions relating to drainage will be fulfilled. Mr. Johnston’s motion was voted upon at this time. Upon roll call, those voting in favor were Johnston, Nye, Bray, Brown, Cooper and Moore. Council member Bray was excused from the meeting at 6:38 p.m. REGULAR CITY COUNCIL MEETING 5 MARCH 7, 2013 AGENDA ITEM NO. 8: Council was asked to authorize submission of GRANT APPLICATION a grant application to the Idaho Community -CHIEF THEATER SIGN Foundation, Ifft Foundation, for work to be done on the Chief Theater sign. The grant application is for $10,000.00 and no match is required. The Council may also wish to authorize the Mayor to sign grant contract documents, if awarded, and any related subcontracts or documents, subject to Legal Department review. A motion was made by Mr. Moore, seconded by Mr. Cooper, to authorize submission of a grant application to the Idaho Community Foundation, Ifft Foundation, for work to be done on the Chief Theater sign and authorize the Mayor to sign grant contract documents, if awarded, and any related subcontracts or documents, subject to Legal Department review. Upon roll call, those voting in favor were Moore, Cooper, Brown, Johnston and Nye. AGENDA ITEM NO. 9: Council was asked to authorize submission of GRANT APPLICATION a grant application to the Ifft Foundation –ZOO ENTRANCE for work to be done on the Pocatello Zoo PROJECT Entrance Project. The grant application is for $10,000.00 and no match is required. The Council may also wish to authorize the Mayor to sign grant contract documents, if awarded, and any related subcontracts or documents, subject to Legal Department review. A motion was made by Mr. Cooper, seconded by Mrs. Nye, to authorize submission of a grant application in the amount of $10,000.00 to the Ifft Foundation for work to be done on the Pocatello Zoo Entrance Project and authorize the Mayor to sign grant contract documents, if awarded, and any related subcontracts or documents, subject to Legal Department review. Upon roll call, those voting in favor were Cooper, Nye, Brown, Johnston and Moore. AGENDA ITEM NO. 10:Council was asked to approve, subject to USE AGREEMENT Legal Department review, a Use Agreement –O.K. WARD with School District No. 25 for use of O.K. SOFTBALL FIELDS Ward softball fields for their high school softball program. The term of the agreement will be March 1, 2013 to May 31, 2013, with an automatic annual renewal. The City will be responsible for field maintenance and associated costs for the first four (4) years, in lieu of the District’s $15,000.00 match for the Baseball Tomorrow Fund Grant. After the initial four years, the School District will be required to pay the City the actual maintenance costs incurred. The School District will be responsible for any damages and will be required to provide applicable liability insurance, naming the City as an additional insured. This agreement replaces a previous agreement with School District No. 25, approved in 1998, for use of the REGULAR CITY COUNCIL MEETING 6 MARCH 7, 2013 softball fields. Jerry Sepich, Parks and Recreation Director, clarified that the dates of the agreement correspond with dates of the regular softball season. A motion was made by Mr. Moore, seconded by Mr. Cooper, to approve, subject to Legal Department review, a Use Agreement with School District No. 25 for use of O.K. Ward softball fields for their high school softball program and that the term of the agreement will be March 1, 2013 to May 31, 2013, with an automatic annual renewal and that the City will be responsible for field maintenance and associated costs for the first four (4) years, in lieu of the District’s $15,000.00 match for the Baseball Tomorrow Fund Grant and after the initial four years, the School District will 1) be required to pay the City the actual maintenance costs incurred; 2) be responsible for any damages; and 3) be required to provide applicable liability insurance, naming the City as an additional insured. AGENDA ITEM NO. 11: Council was asked to approve, subject to USE AGREEMENT Legal Department review, a Use Agreement –POCATELLO with Pocatello Lacrosse to allow their use LACROSSE of O.K. Ward Park for their high school and youth lacrosse program. The agreement allows the use of the park for scheduled games during the months of April, May and June 2013. Pocatello Lacrosse will be responsible for any damages incurred by their use, pay applicable fees, and provide liability insurance, naming the City as an additional insured. A motion was made by Mr. Johnston, seconded by Mrs. Nye, to approve, subject to Legal Department review, a Use Agreement with Pocatello Lacrosse to allow use of O.K. Ward Park for their high school and youth lacrosse program and that the agreement allows the use of the park for scheduled games during the months of April, May and June 2013 and that Pocatello Lacrosse will 1) be responsible for any damages incurred by their use; 2) pay applicable fees; and 3) provide liability insurance, naming the City as an additional insured. Upon roll call, those voting in favor were Johnston, Nye, Brown, Cooper and Moore. AGENDA ITEM NO. 12: Council was asked to accept the PIGGYBACK BID recommendation of Fire Department staff and –FIRE DEPARTMENT piggy-back the State of Idaho bid from Smith REGULAR CITY COUNCIL MEETING 7 MARCH 7, 2013 VEHICLES Chevrolet to purchase two (2) 2013 Chevrolet Tahoe vehicles in the amount of $62,626.00. If approved, staff proposes to trade-in four (4) older vehicles from the Fire Prevention Division to Smith Chevrolet for a total trade-in allowance of $9,200.00 to help offset the purchase price. If approved, the total purchase price will be reduced to $53,486.00. A motion was made by Mr. Brown, seconded by Mr. Johnston, to accept the recommendation of Fire Department staff and piggy-back the State of Idaho bid from Smith Chevrolet to purchase two (2) 2013 Chevrolet Tahoe vehicles in the amount of $62,626.00 and approve the trade-in of four (4) older vehicles from the Fire Prevention Division to Smith Chevrolet for a total trade-in allowance of $9,200.00, and that the total purchase price will be $53,486.00. Upon roll call, those voting in favor were Brown, Johnston, Cooper, Moore and Nye. AGENDA ITEM NO. 13: Council was asked to accept a grant from the GRANT ACCEPTANCE Idaho Chapter of the American Academy of -POLICE DEPARTMENT Pediatrics, and authorize the Mayor to sign CHILD SAFETY SEATS all necessary documents, subject to Legal Department review, in the amount of $9,200.00 for the purpose of purchasing and distributing child passenger safety seats. No matching funds are required. A motion was made by Mrs. Nye, seconded by Mr. Johnston, to accept a grant from the Idaho Chapter of the American Academy of Pediatrics, and authorize the Mayor to sign all necessary documents, subject to Legal Department review, in the amount of $9,200.00 for the purpose of purchasing and distributing child passenger safety seats. Police Chief Marchand stated the safety seat program is overseen by the Police Department and that most individuals in need of a child safety seat are referred by area hospitals or the health department. Mrs. Nye’s motion was voted upon at this time. Upon roll call, those voting in favor were Nye, Johnston, Brown, Cooper and Moore. AGENDA ITEM NO. 14: Council was asked to accept the BID ACCEPTANCE recommendation of Police Department staff –POLICE VEHICLES and award the bids received on February 21, 2013 to Courtesy Ford for the purchase of the following vehicles: FORD INTERCEPTOR (a) Three (3) Ford Interceptor Sedans in the SEDANS amount of $82,025.04; FORD INTERCEPTOR (b) Two (2) Ford Interceptor SUVs in the amount REGULAR CITY COUNCIL MEETING 8 MARCH 7, 2013 SUVS of $52,885.36; and FORD INTERCEPTOR (c) One (1) Ford Interceptor SUV with additional SUV installed equipment in the amount of $27,042.68. The total purchase price is within the budgeted amount. A motion was made by Mr. Moore, seconded by Mr. Cooper, to accept the recommendation of Police Department staff and award the bids received on February 21, 2013 to Courtesy Ford for the purchase of the following vehicles: a) three (3) Ford Interceptor sedans in the amount of $82,025.04; b) two (2) Ford Interceptor SUVs in the amount of $52,885.36; and c) one (1) Ford Interceptor SUV with additional installed equipment in the amount of $27,042.69. Upon roll call, those voting in favor were Moore, Cooper, Brown, Johnston and Nye. AGENDA ITEM NO. 15: Council was asked to approve the purchase of EQUIPMENT PURCHASE a Panasonic in-car video system for the –POLICE DEPARTMENT Police Department patrol cars in the amount of $134,891.00 from CDW-G, through a piggy- back bid with Western States Contracting Alliance (WSCA), which the City is a member. The total purchase price is within the budgeted amount. A motion was made by Mrs. Nye, seconded by Mr. Johnston, to approve the purchase of a Panasonic in-car video system for the Police Department patrol cars in the amount of $137,891.00 from CDW-G, through a piggy-back bid with Western States Contracting Alliance (WSCA). Upon roll call, those voting in favor were Nye, Johnston, Brown, Cooper and Moore. AGENDA ITEM NO. 16: Council was asked to approve and authorize PROFESSIONAL the Mayor to sign a proposal with JViation, SERVICES PROPOSAL Inc., for preparation, coordination and -AIRPORT submittal of the Airport’s Passenger Facility Charge (PFC) application to the Federal Aviation Association (FAA). The cost for services will be a lump sum fee of $9,935.00 and will be paid for with PFC funds. A motion was made by Mr. Moore, seconded by Mr. Johnston, to authorize the Mayor to sign a proposal with JViation, Inc., for preparation, coordination and submittal of the Airport’s Passenger Facility Charge (PFC) application to the Federal Aviation Association (FAA) and that the cost for services will be a lump sum fee of $9,935.00. Upon roll call, those voting in favor were Moore, Johnston, Brown, Cooper and Nye. REGULAR CITY COUNCIL MEETING 9 MARCH 7, 2013 AGENDA ITEM NO. 17: Council was asked to adopt a resolution RESOLUTION providing for the issuance and sale of -ANIMAL SHELTER general obligation bonds for the animal BOND ISSUANCE shelter project; accept the successful bid AND BID AWARD from the electronic bid process and order the sale thereof; and provide for other matters relating to the sale of the bonds. Dave Swindell, Chief Financial Officer, gave an overview of the auction proceedings which resulted in a successful low bid by Raymond James and Associates with an interest rate of 1.789%. A motion was made by Mrs. Nye, seconded by Mr. Johnston, to adopt a resolution (#2013-02) providing for the issuance and sale of general obligation bonds for the animal shelter project; accept the successful bid from the electronic bid process and order the sale thereof; and provide for other matters relating to the sale of the bonds. Upon roll call, those voting in favor were Nye, Johnston, Brown, Cooper and Moore. Mr. Johnston introduced members of his family who were in attendance. There being no further business, Mayor Blad adjourned the meeting at 6:55 p.m. APPROVED BY: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK REGULAR CITY COUNCIL MEETING 10 MARCH 7, 2013