City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING AUGUST 15, 2013 CLARIFICATION The City Council Agenda Clarification MEETING Meeting was called to order at 5:42 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 6:03 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 volunteer scheduled to offer an INVOCATION invocation was not present, so an invocation was not offered at the meeting. 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 July 11, 2013 Study Session and the Clarification and Regular Council meeting of July 18, 2013. -TREASURER’S (b) Treasurer’s Report for July, showing cash REPORT and investments as of July 31, 2013 in the amount of $32,667,541.81. -FRIENDS OF THE (c) Confirm the Mayor’s appointment of William CEMETERY COMMITTEE Seymour to serve as a member of the Friends APPOINTMENT of the Cemetery Committee, filling a long- term vacancy. Mr. Seymour’s term will begin August 16, 2013 and will expire August 16, 2016. -SISTER CITIES (d) Confirm the Mayor’s reappointment of Heather COMMITTEE Sandy to continue her service as a member of REAPPOINTMENT the Japanese Sister Cities Subcommittee. Ms. Sandy’s term will begin September 2, 2013 and will expire September 2, 2017. REGULAR CITY COUNCIL MEETING 2 AUGUST 15, 2013 -COUNCIL (e) Adopt the Council’s decision to grant BBMAD, DECISION-BBMAD LLC’s request for approval of the plat for COMMERCIAL BBMAD Commercial Park, subject to PARK PLAT conditions. The proposed subdivision will consist of two (2) commercial lots on approximately 2.09+/- acres situated southwest of South 5th Avenue. Both of the lots will have frontage and shared access on South 5th Avenue and are zoned Commercial General. A motion was made by Mr. Johnston, seconded by Mr. Bray, to approve the items on the consent agenda. Upon roll call, those voting in favor were Johnston, Bray, Brown, Cooper, Moore 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 CALENDAR REVIEW Regular Council meeting on September 5th at 6:00 p.m. and the September 12th Study Session at 9:00 a.m. Mayor Blad announced that the final teen reading program event for the summer, a “Shark Party” will be held at the Marshall Public Library on August 16th from 5:30 p.m. to 6:30 p.m.; the Community Recreation Center will be closed for annual maintenance work beginning Monday, August 19, 2013 through September 3, 2013. However, business offices will remain open from 8:00 a.m. to 5:00 p.m., Monday through Friday; Welcome Back Orange & Black event on August 26th in Old Town Pocatello; residents and businesses are encouraged to decorate their windows and buildings in orange and black to welcome back Idaho State University students; August 26th through September 6th, filing of Declaration for Candidacy will be open for Pocatello Mayor position and Council seats No. 4, 5 and 6; and City offices will be closed September 2nd for Labor Day. However, garbage and recycle pickups will continue on schedule. Mayor Blad announced that the Ross Park Aquatic Center hours will change to coincide with the start of area schools and that the Center’s last day of the season will be September 2nd; he reminded citizens that school will be starting again soon and announced that the 20 mph speed limit for school zones will be effective on August 26th. Mr. Bray reminded citizens that the Portneuf Greenway Foundation Riverfest event will be held on August 17th at Raymond Park. Mr. Cooper announced the Senior Citizen’s Center will be holding a fundraiser dinner on August 17th. REGULAR CITY COUNCIL MEETING 3 AUGUST 15, 2013 AGENDA ITEM NO. 6: Niki Taysom, 4604 Burley Drive, Chubbuck, DISCUSSION ITEMS shared her concerns regarding activities at local libraries and budget items. Idaho Lorax, Pocatello citizen, shared his concerns regarding the Portneuf River cleanup project, the Center Street underpass, use of City property and environmental safety issues. Ralph Lillig, 2330 Satterfield Drive, spoke regarding a petition for a referendum on the upcoming November ballot regarding the City’s non-discrimination ordinance. In response to questions by Council, Mr. Lillig stated his intent is to put the issue of a non-discrimination ordinance in the hands of the voters, rather than the City Council members. He feels his actions will have no effect on the ordinance already in place. Rochelle Lillig, 2330 Satterfield Drive, shared her concerns regarding threatening messages sent through email and Facebook towards her home and family. Mrs. Lillig distributed pictures which were posted on Facebook to Council members. AGENDA ITEM NO. 7: Council was asked to consider a request from PLAT EXTENSION/ Rocky Mountain Engineering and Surveying WARRANTY PERIOD (mailing address: 2043 East Center, SHORTENED-HOLY Pocatello ID 83201) and Larry Hellhake, SPIRIT CATHOLIC representing Holy Spirit Catholic Church, CHURCH SUBDIVISION Pocatello (mailing address: attention Larry Hellhake, 3837 North Holl Drive, Eagle ID 83616) for a one-year extension to complete Holy Spirit Catholic Church Subdivision’s private utilities with the warranty period reduced to six (6) months once the plat is recorded. Planning staff recommended approval with the condition the applicant must enter into a development agreement, subject to Legal Department review. A motion was made by Mr. Moore, seconded by Mrs. Nye, to grant a one-year extension to complete Holy Spirit Catholic Church Subdivision’s private utilities with the warranty period reduced to six (6) months once the plat is recorded, subject to Legal Department review with the following conditions: 1) applicant shall enter into a Development Agreement with the City of Pocatello; 2) the subdivision plat shall conform to all State and local laws and ordinances; 3) the notes on the plat are to be approved by the City of Pocatello prior to recording; 4) the punch list of infrastructure corrections are to be made and the final construction reports are to be submitted prior to the acceptance for maintenance of the infrastructure; 5) U.S. mail box units are required and the location of said mail box units shall be approved by the Post Master and the City of Pocatello; 6) the City of REGULAR CITY COUNCIL MEETING 4 AUGUST 15, 2013 Pocatello shall approve all private utilities (installed to the lots within said subdivision) and street light locations; 7) the placement of sidewalk is required on the northwesterly side of Gathe Road when development of adjacent lots occurs; 8) the water main line shall be re-disinfected and flushed in accordance with current standards and a Development Agreement in place wherein the City of Pocatello agrees to flush the main line during the year according to standard practices at the Developer’s expense ($100.00 per flushing interval); and 9) water pressure shall be verified for compliance on Lot 1 Block 4 on the plat reviewed by the City Council on November 3, 2011 and that the decision be set out in proper Council Decision format. Upon roll call, those voting in favor were Moore, Nye, Bray, Brown, Cooper and Johnston. AGENDA ITEM NO. 8: Council was asked to consider granting a CENTENNIAL PARK beer/wine permit to Ken Farley for a BEER PERMIT memorial service dinner in Centennial Park APPLICATION on August 23, 2013 from 12:00 noon to 5:00 –KEN FARLEY p.m. Mr. Farley has reserved the park that afternoon and has submitted an application to the City to allow the consumption of beer and wine at their event. Approval by Council is necessary since Centennial Park is not specifically identified in City Code 12.36.060 as a park where the consumption of such beverages is allowed. In response to a question from Council, Jerry Sepich, Parks and Recreation Director, stated Mr. Farley has reserved the shelter at Centennial Park and no other activities are scheduled to take place at the facility at that time. A motion was made by Mr. Moore, seconded by Mrs. Nye, to grant a beer/wine permit to Ken Farley for a memorial service dinner in Centennial Park on August 23, 2013 from 12:00 noon to 5:00 p.m. Upon roll call, those voting in favor were Moore, Nye, Bray, Brown, Cooper and Johnston. AGENDA ITEM NO. 9: Council was asked to consider the BID/AGREEMENT recommendations of staff for the following COMMUNITY RECREATION requests regarding re-roofing of the CENTER Community Recreation Center: BID-WILSON a) Accept the bid received from Wilson Roofing, ROOFING who submitted the lowest bid in the amount of $73,446.00, plus cost on an “as needed” basis of $0.54 per square foot for sheetrock and $1.56 per square foot for wood decking and, if the bid is accepted; REGULAR CITY COUNCIL MEETING 5 AUGUST 15, 2013 CONSTRUCTION b) Authorize the execution of a Construction AGREEMENT-WILSON Agreement with Wilson Roofing for the re- ROOFING roofing project as outlined, subject to Legal Department review. A Fiscal Year 2013 budget amendment approved on May 2, 2013 authorized up to $93,000.00 for this project. A motion was made by Mr. Johnston, seconded by Mr. Cooper, to accept the bid received from Wilson Roofing in the amount of $73,446.00, plus cost on an “as needed” basis of $0.54 per square foot for sheetrock and $1.56 per square foot for wood decking and authorize the execution of a Construction Agreement with Wilson Roofing for the re-roofing project as outlined, subject to Legal Department review. Upon roll call, those voting in favor were Johnston, Cooper, Bray, Brown, Moore and Nye. AGENDA ITEM NO. 10: Council was asked to consider the BID/AGREEMENT recommendations of staff for the following –HIGHLAND GOLF requests regarding the Highland Golf Course COURSE MAINTENANCE Maintenance Building project: BUILDING -BID-HARPER a) Accept the bid received from Harper CONSTRUCTION, INC. Construction, Inc. who submitted the only bid in the amount of $109,735.00 and, if the bid is accepted; CONSTRUCTION b) Authorize the execution of a Construction AGREEMENT Agreement with Harper Construction, Inc., in –HARPER the amount of $109,735.00, subject to Legal CONSTRUCTION, INC. Department review. Funding for this project is available in the Fiscal Year 2013 and Fiscal Year 2014 budgets. A motion was made by Mr. Bray, seconded by Mr. Brown, to accept the bid received from Harper Construction, Inc. in the amount of $109,735.00 and authorize the execution of a Construction Agreement with Harper Construction, Inc., in the amount of $109,735.00, subject to Legal Department review. In response to a question from Council, Jerry Sepich, Parks and Recreation Director, stated that bid packages for the project were requested by four different companies. He added that it is unusual to receive only one bid, but Harper Construction met all the qualifications and the bid was within the budgeted amount. REGULAR CITY COUNCIL MEETING 6 AUGUST 15, 2013 Mr. Bray’s motion was voted upon at this time. Upon roll call, those voting in favor were Bray, Brown, Cooper, Johnston, Moore and Nye. AGENDA ITEM NO. 11: Council was asked to consider a three-year USE AGREEMENT Use Agreement with Tiger Aquatic Club, Inc. –TIGER AQUATIC which allows their use of the Community CLUB, INC. Recreation Center and the Ross Park Aquatic Complex for practices and swim meets. The agreement will allow, in lieu of the monthly payment, the option of auto draft memberships for the athletes. In response to a question from Council, Jerry Sepich, Parks and Recreation Director, stated that Community Recreation Center membership fees paid by Tiger Aquatic Club members will be applied toward the total monthly payment owed by the Aquatic Club, and any remaining amount due will be directly paid by the Aquatic Club. A motion was made by Mr. Cooper, seconded by Mr. Moore, to approve a three-year Use Agreement with Tiger Aquatic Club, Inc., allowing their use of the Community Recreation Center and the Ross Park Aquatic Complex for practices and swim meets and allow the option of auto draft memberships for athletes in lieu of the monthly payment, subject to Legal Department review. Upon roll call, those voting in favor were Cooper, Moore, Bray, Brown, Johnston and Nye. AGENDA ITEM NO. 12: Council was asked to approve submission of a GRANT APPLICATION grant application to the Idaho Native Plant –ZOO-IDAHO NATIVE Society in the amount of $985.00 for native PLANT SOCIETY plants, gardening tools and signs for the Zoo, and if awarded, authorize the Mayor to sign, subject to Legal Department review, documents related to the grant. Matching City funds are not required. A motion was made by Mr. Bray, seconded by Mr. Brown, to approve submission of a grant application to the Idaho Native Plant Society in the amount of $985.00 for native plants, gardening tools and signs for the Zoo, and if awarded, authorize the Mayor to sign documents related to the grant, subject to Legal Department review. Upon roll call, those voting in favor were Bray, Brown, Cooper, Johnston, Moore and Nye. AGENDA ITEM NO. 13: Council was asked to approve submission of a IDAHO COMMUNITY video presentation and grant application to FOUNDATION “SPOT ON” the Idaho Community Foundation (ICF) if the GRANT OPPORTUNITY Pocatello Zoo is chosen as a “Spot On” –ZOO recipient, and if chosen, authorize the Mayor to sign, subject to Legal Department review, documents related to the grant. The amount of the grant will be determined by ICF’s “Spot On” representatives (up to REGULAR CITY COUNCIL MEETING 7 AUGUST 15, 2013 $2,500.00). No matching City funds or end of grant report will be required. A motion was made by Mr. Moore, seconded by Mr. Cooper, to approve submission of a video presentation and grant application to the Idaho Community Foundation if the Pocatello Zoo is chosen as a “Spot On” recipient, and if chosen, authorize the Mayor to sign documents related to the grant, subject to Legal Department review. Upon roll call, those voting in favor were Moore, Cooper, Bray, Brown, Johnston and Nye. AGENDA ITEM NO. 14: Council was asked to grant an exception to EXCEPTION REQUEST City Ordinance 12.36.030 Dogs and Animals in –RUN WITH THE City Parks to allow the Animal Shelter to BIG DOGS hold their 16th Annual Run With The Big Dogs Fundraising event on Saturday, September 28, 2013 at Ross Park. The course will run through Ross Park and dog owners will keep their canine friends on the course and away from Zoo animals. A motion was made by Mrs. Nye, seconded by Mr. Johnston, to grant an exception to City Ordinance 12.36.030 Dogs and Animals in City Parks to allow the Animal Shelter to hold their 16th Annual Run With The Big Dogs Fundraising event on Saturday, September 28, 2013 at Ross Park. Upon roll call, those voting in favor were Nye, Johnston, Bray, Brown, Cooper and Moore. AGENDA ITEM NO. 15: Council was asked to grant permission to PORTNEUF RIVER allow volunteers to walk through the CONCRETE CHANNEL concrete portion of the Portneuf River for ACCESS-CLEANUP this year’s City sponsored River Cleanup in September 2013. Volunteers will be picking up trash within the river at this time of seasonal low flows. City Code 8.40.030 restricts access to the Portneuf River Channel. A motion was made by Mr. Moore, seconded by Mr. Bray, to grant permission to allow volunteers to walk through the concrete portion of the Portneuf River for this year’s City sponsored River Cleanup in September 2013 to allow volunteers to pick up trash within the river. Upon roll call, those voting in favor were Moore, Bray, Brown, Cooper, Johnston and Nye. AGENDA ITEM NO. 16: Council was asked to approve, and authorize WATER RIGHTS LEASE the Mayor to sign, a one-year Water Rights AGREEMENT-IDAHO Lease Agreement for Water Year 2013 between GROUND WATER the City of Pocatello and the Idaho Ground APPROPRIATORS, INC. Water Appropriators, Inc. under which the City would lease 10,000 acre feet of storage water in Palisades Reservoir for the sum of $25.00 per acre foot plus all associated administrative costs for the 2013 water year. REGULAR CITY COUNCIL MEETING 8 AUGUST 15, 2013 A motion was made by Mr. Bray, seconded by Mr. Cooper, to approve and authorize the Mayor to sign, a one-year Water Rights Lease Agreement for Water Year 2013 with the Idaho Ground Water Appropriators, Inc. under which the City would lease 10,000 acre feet of storage water in Palisades Reservoir for the sum of $25.00 per acre foot plus all associated administrative costs for the 2013 water year. Mrs. Nye announced that her husband is a partner in the law firm which represents Idaho Ground Water Appropriators, Inc. In response to a question from Council, Dean Tranmer, City Attorney clarified that the water year runs from April 1 through the end of October of each year, depending upon specific water rights. Mr. Bray’s motion was voted upon at this time. Upon roll call, those voting in favor were Bray, Cooper, Brown, Johnston, Moore and Nye. AGENDA ITEM NO. 17: Council was asked to accept the BIDS-NEW recommendations of staff and award bids for ANIMAL SHELTER the new animal shelter facility, and if FACILITY approved, authorize the Mayor to sign the necessary documents, subject to Legal Department review. -SITEWORK a) Jack B. Parson Company in the amount of SIDEWALK/CURB $167,177.00 with a rock excavation clause of AND GUTTER $60.00 per unit, if applicable, for site BID PACKAGE work/sidewalk/curb and gutter; and -NORTH SITE b) Monroe Fencing, Inc. in the amount of FENCING BID $13,702.00 for north site fencing; and PACKAGE NO. 2 -NORTH SITE c) Electric Construction and Sales, LLP in the LIGHTING BID amount of $3,857.00 for north site lighting. PACKAGE NO. 24 The Council approved a budget amendment for Fiscal Year 2013 allowing for the Animal Shelter site construction costs. A motion was made by Mrs. Nye, seconded by Mr. Moore, to accept the recommendations of staff and award the following bids for the new animal shelter facility and authorize the Mayor to sign the necessary documents, subject to Legal Department review: a) Jack B. Parson Company in the amount of $167,177.00 with a rock excavation clause of $60.00 per unit, if applicable, for site work/sidewalk/curb and gutter; b) Monroe Fencing, Inc. in the amount of $13,702.00 for north site fencing; and c) Electric REGULAR CITY COUNCIL MEETING 9 AUGUST 15, 2013 Construction and Sales, LLP in the amount of $3,857.00 for north site lighting. Upon roll call, those voting in favor were Nye, Moore, Bray, Brown, Cooper and Johnston. AGENDA ITEM NO. 18: Council was asked to adopt a resolution with FISCAL YEAR 2014 exhibits (a) through (z) setting fees for DEPARTMENTAL FEE Fiscal Year 2014 (October 1, 2013 through RESOLUTION September 30, 2014). The exhibits are: a) POCATELLO REGIONAL AIRPORT FEES b) ALCOHOL BEVERAGE LICENSES FEES c) ANIMAL CONTROL SERVICES FEES d) BUSINESS LICENSURE FEES e) CEMETERY DEPARTMENT FEES f) CHILDREN’S GROUP TREATMENT CENTER FEES g) COMMERCIAL ACTIVIITIES IN PARKS AND OTHER PUBLIC PLACES FEES h) CONSTRUCTION TRADES FEES i) DAY CARE LICENSURE FEES j) DEVELOPMENT REIMBURSEMENT FEES k) ENGINEERING REVIEW FEES l) FIRE DEPARTMENT FEES m) GEOGRAPHIC INFORMATION SYSTEMS FEE n) PARKS AND RECREATION PROGRAMS/PROGRAM FEES o) PARKS AND RECREATION PROGRAMS/FACILITIES FEES p) PLANNING AND DEVELOPMENT SERVICES FEES q) POLICE DEPARTMENT FEES r) PUBLIC RECORD FEES s) SANITATION DEPARTMENT FEES t) CONSTRUCTION SITE SEDIMENT AND EROSION CONTROL FEES REGULAR CITY COUNCIL MEETING 10 AUGUST 15, 2013 u) POCATELLO REGIONAL TRANSIT SYSTEM FEES v) UTILITY BILLING DEPARTMENT FEES w) VIDEO SERVICES FEES x) WATER DEPARTMENT FEES y) WATER POLLUTION CONTROL DEPARTMENT FEES z) ZOO PROGRAM FEES A motion was made by Br. Bray, seconded by Mrs. Nye, to approve Agenda Item No. 18(a) through 18(z) and adopt a resolution (2013-13) setting fees for Fiscal Year 2014. Mr. Bray commented that he feels the fees have been reviewed thoroughly and are of an appropriate amount. Mr. Cooper stated he feels the fee changes were enacted in a reasonable and prudent manner. Mr. Bray’s motion was voted upon at this time. Upon roll call, those voting in favor were Bray, Nye, Brown, Cooper, Johnston and Moore. AGENDA ITEM NO. 19: Council was asked to consider the following ORDINANCES ordinances: -PRETREATMENT a) Council was asked to consider an ordinance REGULATIONS amending portions of Chapter 13.20 “Pretreatment Regulations” of the revised and compiled ordinances of the City of Pocatello, 1983, in order to bring said Chapter in compliance with the general pretreatment requirements of the City’s National Pollutant Discharge Elimination System Permit with regard to technically-based local limits for pollutants that can be accepted by the City’s treatment facility from industrial users; and enabling the City to comply with all applicable state and federal laws, including the clean water act. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the third and final reading of the ordinance amending portions of Chapter 13.20 “Pretreatment Regulations” of the revised and compiled ordinances of the City of Pocatello, 1983, in order to bring said Chapter in compliance with the general pretreatment requirements of the City’s National Pollutant Discharge Elimination System Permit with regard to technically- based local limits for pollutants that can be accepted by the City’s treatment facility from industrial users; and enabling the REGULAR CITY COUNCIL MEETING 11 AUGUST 15, 2013 City to comply with all applicable state and federal laws, including the clean water act. Mayor Blad asked “Shall the ordinance pass?” Upon roll call, those voting in favor were Bray, Brown, Cooper, Johnston, Moore and Nye. Mayor Blad declared the ordinance and summary sheet passed, that it be numbered 2925 and be submitted to the Idaho State Journal for publication. -FISCAL YEAR b) The Annual Appropriations ordinance for 2014 BUDGET Budget Year 2014. A motion was made by Mrs. Nye, seconded by Mr. Brown, that the ordinance, Agenda Item 19(b), be read only by title and placed on final passage for publication, and that the full ordinance be submitted for publication. Upon roll call, those voting in favor were Nye, Brown, Bray, Cooper, Johnston and Moore. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the Annual Appropriations Ordinance for Budget Year 2014. Mayor Blad asked “Shall the ordinance pass?” Upon roll call, those voting in favor were Bray, Brown, Cooper, Johnston, Moore and Nye. Mayor Blad declared the ordinance and summary sheet passed, that it be numbered 2926 and the full ordinance be submitted to the Idaho State Journal for publication. -MAYOR’S c) Mayor’s annual salary be increased to seventy SALARY six thousand four hundred ninety six dollars and fifty three cents ($76,496.53) beginning January 1, 2014 from the amount last set January 1, 2008. A motion was made by Mrs. Nye, seconded by Mr. Moore, that the ordinance, Agenda Item 19(c), be read only by title and placed on final passage for publication, and that only the ordinance summary sheet be submitted for publication. Upon roll call, those voting in favor were Nye, Moore, Bray, Brown, Cooper and Johnston. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance declaring the Mayor’s annual salary be increased to seventy six thousand four hundred ninety six dollars and fifty three cents ($76,496.53) beginning January 1, 2014 from the amount last set January 1, 2008. Mayor Blad asked “Shall the ordinance pass?” Upon roll call, those voting in favor were Bray, Brown, Cooper, Johnston, Moore and Nye. Mayor Blad declared the ordinance and summary sheet passed, that it be numbered 2927 and be submitted to the Idaho State Journal for publication. REGULAR CITY COUNCIL MEETING 12 AUGUST 15, 2013 There being no further business, Mayor Blad adjourned the meeting at 6:59 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK