City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING MARCH 21, 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 6:04 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 Major INVOCATION Ben LaBarge of the Salvation Army. 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 Study Session of February 14, 2013; Executive Session of February 21, 2013; Clarification and Regular Council meeting of February 21, 2013; Town Hall meeting of February 25, 2013; and Joint Cities/County meeting of March 7, 2013. -TREASURER’S (b) Consider the Treasurer’s Report for REPORT February, showing cash and investments as of February 28, 2013, in the amount of $27,675,888.70. -FORT HALL (c) Confirm the Mayor’s appointment of Lynn REPLICA COMMISSION Murdoch to serve as a member of the Fort APPOINTMENT Hall Replica Commission, filling a long-term vacancy. Ms. Murdoch’s term will begin March 22, 2013 and will expire March 22, 2017. -SISTER CITIES (d) Confirm the Mayor’s appointment of Edward COMMITTEE Anderson to serve as a member of the African APPOINTMENT Sister Cities Subcommittee, replacing Tamara Olney who resigned. Mr. Anderson’s term will begin March 22, 2013 and will expire February 18, 2015. REGULAR CITY COUNCIL MEETING 2 MARCH 21, 2013 -PORTNEUF VALLEY (e) Consider a request from the Portneuf Valley ENVIRONMENTAL Environmental Fair Committee to approve FAIR REQUEST temporary street closures for the annual Portneuf Valley Environmental Fair from 8:00 a.m. to 5:00 p.m. on April 20, 2013. Additionally, they are seeking permission to allow Committee members to stay at Optimist Park overnight on April 19, 2013 to prevent any possible vandalism. -NCOAA AGREEMENT (f) Approve the contract between the City of FOR ANIMAL Pocatello and the Non-Commissioned Officers LICENSE SALES Association (NCOAA) to sell 2013-2014 pet licenses at a reduced-fee during the month of May 2013. The Association has conducted the pet license campaign since May 2002. -AGREEMENT (g) Authorize the Mayor to enter into an IDAHO TRAFFIC Agreement with Idaho Traffic Safety, Inc., SAFETY, INC. in the amount of $24,788.40 to perform work including painting traffic control lines on selected City streets. There is no change in this agreement from the previous year and funds are available in the Street Operation’s Fiscal Year 2013 budget. -COUNCIL DECISION (h) Adopt the Council’s decision to grant Lithia LITHIA Real Estate, Inc., d/b/a Lithia Hyundai of DEALERSHIP Pocatello and Lithia Chrysler Jeep Dodge of Pocatello, exceptions from the requirement to pave a parking area for lot sales of vehicles and vehicular traffic, and from the requirement to install a ten (10) foot landscaped setback from the frontage along Bullock Street and Hurley Drive for a period of thirty (30) months from the date of the decision, subject to conditions. Lithia proposed installing a compact gravel surface on the subject property. A motion was made by Mr. Moore, seconded by Mr. Johnston, to approve the items on the consent agenda. Upon roll call, those voting in favor were Moore, Johnston, Bray, Brown, Cooper and Nye. AGENDA ITEM NO. 4: Mayor Blad announced there were no COMMUNICATIONS AND proclamations. PROCLAMATIONS Mayor Blad recognized scouts from Troop No. 346 and No. 116 in attendance. AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the CALENDAR REVIEW April 4th Regular City Council meeting at 6:00 p.m.; and the April 11th Study Session at 9:00 a.m. Mayor Blad announced the Chrome in the Dome car show will be held at Holt Arena on March 22nd and 23rd; March 25th the Water Department REGULAR CITY COUNCIL MEETING 3 MARCH 21, 2013 will begin replacing water lines on East Halliday Street between South 6th and South 9th Avenues; Pocatello Zoo class, “Spring out of Hibernation” will be held on March 27th for children ages 5-11; and April 1st begins the annual spring cleanup at City cemeteries. Crews will be removing and discarding all flowers and decorations. Lot owners are asked to remove these items before the cleanup begins. The cleanup is expected to last about one month. AGENDA ITEM NO. 6: Niki Taysom, Pocatello resident, shared DISCUSSION ITEMS her concerns regarding community issues. FROM THE AUDIENCE Ralph Baker, 755 North Arthur Avenue, shared his concerns regarding discrimination laws and asked the Council to be cautious before moving forward to adopt similar laws. Idaho Lorax, Pocatello resident, expressed his interest in running for Mayor. Ruth Whitworth, City Clerk, informed Mr. Lorax that according to Idaho State Code, candidacy papers cannot be filed until August. AGENDA ITEM NO. 7: This time was set aside for the Council to PUBLIC HEARING receive comments from the public regarding a –ORDINANCE FOR proposed ordinance repealing Pocatello LICENSING AND Municipal Code Chapter 5.52 Door to Door REGULATION OF Sales and enacting a new Chapter 5.52 SOLICITORS AND Solicitor and Peddling Licensing to PEDDLERS establish regulations for solicitors and peddlers, establishing licensing fees and providing for penalties for violation of the provisions of said chapter. Mayor Blad opened the public hearing. Major Jim Peterson, Deputy Police Chief, gave an overview of the proposed ordinance. He explained that currently door to door businesses and sales personnel are only required to register with the Police Department before conducting business. Major Peterson explained the proposed ordinance is intended to provide an additional layer of safety for citizens who are approached by the sales associates. He added that most businesses do not have resources available to conduct comprehensive background checks on employees. The Police Department will conduct the background check and keep the information on file. Major Peterson announced one phone call in opposition to the proposed ordinance was received by the Legal Department. In response to questions from Council, Major Peterson stated non- profit groups, religious groups, distribution of political flyers and other information were exempted from the ordinance, as there REGULAR CITY COUNCIL MEETING 4 MARCH 21, 2013 would be no selling of products involved. He added the proposed ordinance was drafted based upon Boise’s current door to door sales ordinance. Major Peterson stated that each license would be valid for a period of 12 months. He added that the fees collected would cover the administrative costs for the Police Department and due to the expected decrease in registrations, additional staffing would not be required. Major Peterson mentioned panhandlers will be asked to register with the Police Department. Mr. Bray is concerned with panhandlers standing in the street and disrupting traffic. Council discussion regarding panhandling and bond requirements for door to door registration followed. Mary Frangesh, 172 Fairmont, spoke in opposition to the proposal. She feels that it is up to citizens to use their discretion when opening their door to ensure safety. Ms. Frangesh feels the ordinance is only a money-making venture for the Police Department. Ryan Misner, 246 East Chubbuck Road #D, spoke in opposition to the proposal. He feels the registration cost is unreasonable for small business owners and the ordinance is too broad which may arbitrarily deny applicants for a license. Ralph Baker, 755 North Arthur Avenue, shared his concern that door to door sales of newspapers would no longer be available. Mr. Bray clarified that newspaper sales are exempted from the proposal. Niki Taysom, Pocatello resident, spoke in opposition to the proposal. She feels the ordinance is unnecessary and hinders small businesses. Mayor Blad announced the public hearing would be continued until the May 2, 2013 Regular Council meeting and public comments would be accepted until that date. AGENDA ITEM NO. 8: Kristopher Levi Hale will be present to TAXI LICENSE appeal the decision of Police Department DENIAL APPEAL-HALE staff which denied Mr. Hale a taxi license. Mr. Hale was not present at the meeting. A motion was made by Mr. Cooper, seconded by Mr. Moore, to uphold the decision of the Police Department and deny a taxi license for Mr. Hale. Upon roll call, those voting in favor were Cooper, Moore, Bray, Brown, Johnston and Nye. REGULAR CITY COUNCIL MEETING 5 MARCH 21, 2013 AGENDA ITEM NO. 9: Council was asked to consider a resolution RESOLUTION adopting the 2012 Editions of the Idaho –IDAHO STANDARDS Standards for Public Works construction and FOR PUBLIC WORK the 2012 City of Pocatello Standard CONSTRUCTION Revision, which provide construction standards for projects within the City. If adopted, this resolution will replace Resolution No. 2011-03. A motion was made by Mr. Bray, seconded by Mrs. Nye, to approve a resolution (#2013-3) adopting the 2012 Editions of the Idaho Standards for Public Works construction and the 2012 City of Pocatello Standard Revision, which provide construction standards for projects within the City. Upon roll call, those voting in favor were Bray, Nye, Brown, Cooper, Johnston and Moore. AGENDA ITEM NO. 10: Council was asked to consider a request from “COUNCIL SELECT” American Heart Association represented by FUNDING REQUEST Shilo Roubidoux (mailing address: P.O. Box AMERICAN HEART 912, Pocatello ID 83204) requesting the use ASSOCIATION of “Council Select” funds in the amount of $303.25 to help with port-a-potty costs ($241.25) and Special Event fee ($62.00) to use Caldwell Park for a fundraising event called HeartChase. The event will be held on June 1, 2013 and proceeds will be used to support heart healthy activities in Pocatello and Southeast Idaho. (As of March 15, 2013 $4,750.00 remained in the Council Select fund.) A motion was made by Mr. Cooper, seconded by Mr. Bray, to approve the use of “Council Select” funds in the amount of $250.00 to help with costs associated with HeartChase to be held on June 1, 2013. Upon roll call, those voting in favor were Cooper, Bray, Brown, Johnston, Moore and Nye. Shilo Roubidoux, Executive Director of HeartChase, thanked the Council and gave an overview of the planned activities regarding HeartChase. AGENDA ITEM NO. 11: Council was asked to consider a request from “COUNCIL SELECT” the Veterans’ Sanctuary Program at Idaho FUNDING REQUEST State University (ISU), represented by Alex -ISU VETERANS’ Bliven, to use $250.00 of “Council Select” SANCTUARY PROGRAM funds to pay for admission to the Zoo on May 4, 2013 for veterans and their family members. (As of March 15, 2013 $4,750.00 remained in the “Council Select” line item.) Alex Blivens, Veterans’ Sanctuary Program, gave an overview of the planned activities. In response to a question from Council, Mr. Blivens added that between 25 and 50 percent of Idaho State REGULAR CITY COUNCIL MEETING 6 MARCH 21, 2013 University students are veterans or have family members who are veterans. A motion was made by Mrs. Nye, seconded by Mr. Moore, to approve the use of “Council Select” funds in the amount of $250.00 to pay for admission to the Zoo on May 4, 2013 for veterans and their family members. Upon roll call, those voting in favor were Nye, Moore, Bray, Brown, Cooper and Johnston. AGENDA ITEM NO. 12: Council was asked to authorize the Mayor to NEW ANIMAL SHELTER enter into an Agreement with Construction FACILITY AGREEMENT Services, Inc., in an amount not to exceed -CONSTRUCTION $2.8 million, for the construction SERVICES, INC. management of the new Animal Shelter Facility located at 3100 Avenue of the Chiefs. A motion was made by Mrs. Nye, seconded by Mr. Johnston, to authorize the Mayor to enter into an Agreement with Construction Services, Inc., for the construction management of the new Animal Shelter Facility located at 3100 Avenue of the Chiefs, subject to Legal Department review. Mr. Bray mentioned that the $2.8 million is the entire cost of the Animal Shelter project, and not the contractor’s fee. Mrs. Nye’s motion was voted upon at this time. Upon roll call, those voting in favor were Nye, Johnston, Bray, Brown, Cooper and Moore. AGENDA ITEM NO. 13: Council was asked to authorize the Mayor to 2012 CATERPILLAR enter into a lease agreement with Summit TRUCK BACKHOE Bank. The lease is for a 2012 Caterpillar LEASE-WATER Track Backhoe for the Water Department. Terms are $28,690.96 down; four annual payments of $28,690.96; and a balloon payment in the amount of $175,000.00 due on February 27, 2018. The Water Department intends to trade the equipment in at the end of the lease and not acquire title to the equipment. A motion was made by Mr. Bray, seconded by Mr. Brown, to authorize the Mayor to enter into a lease agreement with Summit bank for a 2012 Caterpillar track backhoe for the Water Department and that the terms are $28,690.96 down; four annual payments of $28,690.96; and a balloon payment in the amount of $175,000.00 due on February 27, 2018. Upon roll call, those voting in favor were Bray, Brown, Cooper, Johnston, Moore and Nye. REGULAR CITY COUNCIL MEETING 7 MARCH 21, 2013 AGENDA ITEM NO. 14: Council was asked to authorize the Mayor to LEARN AND BURN MOU enter into a Memorandum of Understanding -3233 SOUTH 5TH (MOU) with the Idaho Department of AVENUE Transportation (ITD) to conduct a field training “Learn and Burn” exercise at 3233 South 5th Avenue for newly hired firefighters. The exercise is expected to take place between March 22 and April 30, 2013 (weather permitting). A motion was made by Mr. Moore, seconded by Mr. Cooper, to authorize the Mayor to enter into a Memorandum of Understanding with the Idaho Department of Transportation to conduct a field training “Learn and Burn” exercise at 3233 South 5th Avenue for newly hired firefighters to take place between March 22 and April 30, 2013, weather permitting. In response to a question from Council, Dave Gates, Fire Chief, stated salvage of trees and other items in the area will be decided upon by ITD. Mr. Moore’s motion was voted upon at this time. Upon roll call, those voting in favor were Moore, Cooper, Bray, Brown, Johnston and Nye. AGENDA ITEM NO. 15: Council was asked to determine the USE OF CITY-OWNED availability of City-owned property situated PROPERTY ALONG between Pocatello Creek and North Main NORTH MAIN Extension, west of the railroad overpass for EXTENSION use as a designated city park, an/or for use by groups or individuals through a Right-of- Use license as approved by the City Council. Kirk Bybee, City Civil Attorney, stated activities sanctioned by the City require a Use Agreement with insurance coverage holding the City harmless. A motion was made by Mr. Moore, seconded by Mr. Cooper, that the City-owned real property consisting of approximately 4.66 acres and situated between Pocatello Creek and North Main Extension, west of the Union Pacific Railroad overpass and easterly of the Portneuf River is not a designated City park of the City of Pocatello. The Council further determines that said property shall be held as open space of the City which is deemed ineligible for right-of-use agreements by private citizens, entities, and organizations. Only the City Council may grant an exception to the prohibition of right-of-use license on the matter, following notification procedures as outlined under Pocatello Municipal Code, at a regularly scheduled City Council meeting. Council further directs appropriate City staff to post the subject property with signs REGULAR CITY COUNCIL MEETING 8 MARCH 21, 2013 restricting the use of said property and restricting trespass upon the property and that the decision be set out in proper Council Decision format. Upon roll call, those voting in favor were Moore, Cooper, Bray, Brown, Johnston and Nye. AGENDA ITEM NO. 16:Council was asked to approve a Use Agreement POCATELLO MOTOCROSS between the City and Rick C. Morrison, d/b/a PARK USE AGREEMENT Pocatello Motocross Park, for the use of –AIRPORT City property adjacent to the Motocross Park’s leased property for a one-day enduro cross country event on March 30, 2013. The use fee will be $105.00. A motion was made by Mr. Moore, seconded by Mr. Bray, to approve a Use Agreement with Rick C. Morrison, d/b/a Pocatello Motocross park, for the use of City property adjacent to the Motocross Park’s leased property for a one-day endure cross country event to be held on March 30, 2013 and that the use fee will be $105.00. Upon roll call, those voting in favor were Moore, Bray, Brown, Cooper, Johnston and Nye. AGENDA ITEM NO. 17: Council was asked to approve and authorize PROFESSIONAL the Mayor to sign a Professional Services SERVICES Agreement with T-O Engineers for services at AGREEMENT-AIRPORT the Airport. The agreement, in the amount of $293,270.50, is for design services for a ground level passenger loading bridge; procurement of snow removal equipment; design and management of security system improvements; pavement management update; and taxi lane reconstruction. Funding for the agreement will come from the Airport Improvement Program (93.75%) and local airport passenger facility charge funds (6.25%). A motion was made by Mr. Bray, seconded by Mrs. Nye, to approve and authorize the mayor to sign a Professional Services Agreement with T-O Engineers for services at the Airport in the amount of $293,270.50 for design services for a ground level passenger loading bridge; procurement of snow removal equipment; design and management of security system improvements; pavement management update; and taxi lane reconstruction. Upon roll call, those voting in favor were Bray, Nye, Brown, Cooper, Johnston and Moore. There being no further business, Mayor Blad adjourned the meeting at 7:17 p.m. APPROVED BY: BRIAN C. BLAD, MAYOR REGULAR CITY COUNCIL MEETING 9 MARCH 21, 2013 ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK