City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2013 CLARIFICATION The City Council Agenda Clarification MEETING Meeting was called to order at 5:34 p.m. by Mayor Brian Blad. Council members present were Roger Bray, Steve Brown, Craig Cooper, Jim Johnston and Gary Moore. Council member Eva Nye was excused. 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 and Gary Moore. Council member Eva Nye was excused. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was given by Caleb Fadness, INVOCATION Assistant Pastor of Calvary Chapel Pocatello. Mayor Blad announced consent agenda item 3(h) and agenda items No. 8 and 9 had been pulled from the agenda to allow Council more time to research the items. 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 Clarification and Regular Council meetings of August 1, 2013 and August 15, 2013; the August 8, 2013 Study Session; and August 15, 2013 Executive Session. -PAYROLL AND (b) Council was asked to consider payroll and MATERIAL CLAIMS material claims for the month of August, 2013 in the amount of $8,982,594.34. -COMMUNITY (c) Council was asked to confirm the Mayor’s DEVELOPMENT appointment of Stephanie Heaton to serve as BLOCK GRANT (CDBG) a member of the CDBG Advisory Committee, ADVISORY COMMITTEE filling a long-term vacancy. Ms. Heaton’s APPOINTMENT term will begin September 6, 2013 and will expire January 1, 2016. REGULAR CITY COUNCIL MEETING 2 SEPTEMBER 5, 2013 -HISTORIC (d) Council was asked to confirm the Mayor’s PRESERVATION appointment of Devin Hillam to serve as a COMMISSION member of the Historic Preservation APPOINTMENT Commission, replacing Camille Martin who resigned. Mr. Hillam’s term will begin September 6, 2013 and will expire July 3, 2015. -OPEN SPACE (e) Council was asked to confirm the Mayor’s ADVISORY appointment of David Goings to serve as a COMMITTEE member of the Open Space Advisory Committee, APPOINTMENT replacing John Knapp whose term expired. Mr. Goings’ term will begin September 6, 2013 and will expire September 6, 2016. -POCATELLO ARTS (f) Council was asked to confirm the Mayor’s COUNCIL appointment of Lindsey Teuscher to serve APPOINTMENT as a member of the Pocatello Arts Council, replacing Maggie Mann who resigned. Ms. Teuscher’s term will begin September 6, 2013 and will expire February 18, 2014. -RATIFICATION OF (g) Council was asked to ratify an exception to VENDOR PERMIT City Ordinance 5.06.020 to allow vendor –INCREDIBLE EVENTS sales by Incredible Events, Roxana, IL for the Simplot Employee picnic held on Saturday, September 24, 2013 in Lower Ross Park. -RATIFICATION (h) As announced earlier, consent agenda (h) MOU REDUCTION IN to consider a Memorandum of Understanding COMPENSATORY TIME regarding reduction in compensatory time -FIRE UNTION was pulled from the agenda. -MUTUAL AID (i) Council was asked to authorize a Mutual Aid AGREEMENT Agreement between the City of Pocatello, -DISASTERS AND City of Chubbuck and Bannock County in EMERGENCIES regards to Disasters and Emergencies. The City of Pocatello has previously entered into a similar Agreement in the past and this Agreement is merely to update the signatures. -RENEWAL OF (j) Council was asked to adopt a College Work- ANNUAL AGREEMENT Study Agreement with Idaho State University –ISU WORK STUDY (ISU) in the amount of $21,877.00 to provide work study positions at the City. The City is responsible for 40% ($8,750.80) of said allocation and the agreement is from August 19, 2013 through May 9, 2014. -COUNCIL DECISION (k) Council was asked to adopt the Council’s REGULAR CITY COUNCIL MEETING 3 SEPTEMBER 5, 2013 –ROMAN CATHOLIC decision approving a one-year extension to DIOCESES OF BOISE complete the Holy Spirit Catholic Church (HOLY SPIRIT CATHOLIC Subdivision’s private utilities with the CHURCH SUBDIVISION) warranty period reduced to six (6) months EXTENSION OF TIME once the plat is recorded, subject to LIMIT FOR PLAT conditions. Said subdivision is situated DEVELOPMENT south of Kraft Road and north of Gathe Road. -REVOCATION OF (l) Council was asked to uphold the Police TAXI CAB LICENSE Department’s decision to revoke the taxi cab –HARLEY ARRANTS III license for Harley Arrants III due to the fact his Idaho driver’s license is currently suspended. A motion was made by Mr. Moore, seconded by Mr. Johnston, to approve items 3(a) through 3(g) and 3(i) through 3(l) on the consent agenda. Upon roll call, those voting in favor were Moore, Johnston, Bray, Brown and Cooper. AGENDA ITEM NO. 4: Mayor Blad welcomed a boy scout from COMMUNICATIONS AND Troop 842 of Pocatello. PROCLAMATIONS Mr. Cooper, on behalf of Mayor Blad, proclaimed the month of September 2013 as National Recovery Month in Pocatello and called upon the citizens of Pocatello to observe the month with appropriate programs, activities and ceremonies. A representative from the Idaho Department of Health and Welfare accepted the proclamation and thanked the Council for their support. She announced the 10th Annual Recovery Fest would be held in Pocatello on September 13, 2013 and encouraged citizens to attend. AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the CALENDAR REVIEW September 12th Study Session at 9:00 a.m. and the September 19th Regular Council meeting at 6:00 p.m. Mayor Blad announced that the Simplot Fun Run will take place on September 14th, contact the Community Recreation Center for more information. Mayor Blad also reminded citizens that school has started, and drivers must slow down in school zones; September 6th is the last day to file a Declaration for Candidacy for Pocatello Mayor position and Council Seats No. 4, 5 and 6; the first Idaho State University home football game will take place on September 7th; Century High School, Pocatello High School and Highland High School will participate in high school football events and an Idaho State University soccer game will take place on September 7th. REGULAR CITY COUNCIL MEETING 4 SEPTEMBER 5, 2013 AGENDA ITEM NO. 6: Niki Taysom, 4304 Burley Drive, Chubbuck, DISCUSSION ITEMS shared her concerns regarding the non- FROM THE AUDIENCE discrimination ordinance and the effects it may have on the community. Idaho Lorax, Pocatello resident, shared information regarding a public meeting entitled “Blowing in the wind”. He shared his support for artwork to be added to the Center Street Underpass. AGENDA ITEM NO. 7: Council was asked to authorize the Mayor’s CHIEF THEATER NEON execution of the following documents, SIGN PROJECT subject to Legal Department review: CONTRACT a) Contract with YESCO, LLC (5119 South –YESCO, LLC Sameron Street, Las Vegas, NV 89118) to design-build and restore the Chief Theater neon sign. The contract price shall not exceed $110,000.00 with 10% of this price held as contingency. The scope of work includes complete design build services required to restore the historic sign with structural, electrical, lighting, preparation and painting work. Also included is the mounting pole, foundation and site rehabilitation after installed. The funds for this contract were approved at the July 11, 2013 Council meeting and will be paid from Standrod Trust Funds; MAINTENANCE b) An amended Maintenance Easement and EASEMENT AND Agreement with Syringa Networks, LLC, AGREEMENT property owner of 215-217 North Main Street, -SYRINGA which will display the Chief Theater neon NETWORKS, LLC sign. The amendment is necessary to add the neon sign to the terms of the existing easement for the Chief Theater mosaic. There will be no funds exchanged for this perpetual easement; and MEMORANDUM OF c) A Memorandum of Agreement with Old Town AGREEMENT-OLD TOWN Pocatello Foundation, Inc. (OTPF) whereby POCATELLO the City will retain upkeep and repairs to FOUNDATION, INC. the Chief Theater mosaic; will retain ownership of the Chief Theater neon sign an will be responsible to pay electrical costs for the restored sign. OTPF will provide up to $2,400.00 per year for sign professionals to maintain the Chief Theater sign, subject to approval by the City Planning and Development Services Director. A motion was made by Mr. Moore, seconded by Mr. Cooper, to approve agenda items 7(a) through 7(c), subject to Legal Department review. In response to questions from Council, Jerry Myers, 101 North Main Street, gave an overview of the Relight the Night Committee and the proposed project to restore the Chief Theater sign. He added that REGULAR CITY COUNCIL MEETING 5 SEPTEMBER 5, 2013 the Chief Theater sign is only the first project of several neon sign restorations planned throughout the historic district of Pocatello. Mr. Myers indicated the restoration should be complete one week before the Night Lights parade scheduled to take place on November 29, 2013. Mr. Moore’s motion was voted upon at this time. Upon roll call, those voting in favor were Moore, Cooper, Bray, Brown and Johnston. AGENDA ITEM NO. 8: As announced earlier, Agenda Item No. 8 to COLLECTIVE BARGAINING adopt a Collective Bargaining Agreement AGREEMENT-POCATELLO for the Firefighters Union was pulled FIREFIGHTERS UNION from the agenda. AGENDA ITEM NO. 9: As announced earlier, Agenda Item No. 9 to COLLECTIVE BARGAINING adopt a Collective Bargaining Agreement AGREEMENT-POCATELLO for the Police Officers Union was pulled POLICE UNION from the agenda. AGENDA ITEM NO. 10: Council was asked to approve and authorize SKYWEST AIRLINES the Mayor to sign a lease agreement between LEASE AGREEMENT the City and Skywest Airlines for property –AIRPORT at the Pocatello Regional Airport. The leased property is approximately 3,181 square feet of terminal and airfield space for the purpose of operating an airline. The term will be two (2) years with the following conditions: a) $2,500.17 rental rate per month; b) landing fees of $16.32 per landing for aircraft with a gross landing weight of 12,500 pounds or less; c) $1.31 per 1,000 pounds for aircraft with a gross landing weight above 12,500 pounds; and d) fuel flow commission of $.05 per gallon. A motion was made by Mr. Bray, seconded by Mr. Brown, to approve and authorize the Mayor to sign a lease agreement with Skywest Airlines for property at the Pocatello Regional Airport for approximately 3,181 square feet of terminal and airfield space for the purpose of operating an airline and that the term will be two (2) years with the following conditions: a) $2,500.17 rental rate per month; b) landing fees of $16.32 per landing for aircraft with a gross landing weight of 12,500 pounds or less; c) $1.31 per 1,000 pounds for aircraft with a gross landing weight above 12,500 pounds; and d) fuel flow commission of $.05 per gallon, subject to Legal Department review. Upon roll call, those voting in favor were Bray, Brown, Cooper, Johnston and Moore. AGENDA ITEM NO. 11: Council was asked to consider a Use USE AGREEMENT Agreement, subject to Legal Department –ISU OUTDOOR review, with the Outdoor Adventure Center of ADVENTURE CENTER Idaho State University (ISU) Student Unions REGULAR CITY COUNCIL MEETING 6 SEPTEMBER 5, 2013 AND INVOLVEMENT and Involvement to utilize facilities owned by the City, including Ross Park climbing areas, City Creek Management Area and the Mink Creek Nordic Area, for conducting a variety of programs and events for ISU students and the public. The agreement identifies responsibilities of both parties and the applicable rental cost for use of the City owned areas. The Outdoor Adventure Center will be responsible for providing the required liability insurance and also indemnifying the City from risk as a result of their activities. A motion was made by Mr. Cooper, seconded by Mr. Johnston, to approve a Use Agreement subject to Legal Department review, with Outdoor Adventure Center of Idaho State University (ISU) Student Unions and Involvement to utilize facilities owned by the City, including Ross Park climbing areas, City Creek Management Area and the Mink Creek Nordic Area, for conducting a variety of programs and events for ISU students and the public and that the agreement identifies responsibilities of both parties and that ISU Outdoor Adventure Center and Involvement will pay the applicable rental cost for use of the City owned areas and be responsible for providing the required liability insurance indemnifying the City from risk as a result of their activities. Upon roll call, those voting in favor were Cooper, Johnston, Bray, Brown and Moore. AGENDA ITEM NO. 12: Council was asked to consider a Use USE AGREEMENT Agreement, subject to Legal Department –ISU BASEBALL CLUB review, with Idaho State University (ISU) Baseball Club for the use of Halliwell Field September through October, 2013 and March through May, 2014 for scheduled games and practices. The agreement, similar to previous agreements, requires the Club to pay the applicable rental fees and provide liability insurance, naming the City as an additional insured. The Club will be responsible for field maintenance, cleaning the facility, and any damage resulting from their use. A motion was made by Mr. Bray, seconded by Mr. Brown, to approve a Use Agreement, subject to Legal Department review, with Idaho State University Baseball Club for the use of Halliwell Field September through October, 2013 and March through May, 2014 for scheduled games and practices and that the Club 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, cleaning the facility, and any damage resulting from their use. Upon roll call, those voting in favor were Bray, Brown, Cooper, Johnston and Moore. AGENDA ITEM NO. 13: Council was asked to consider approval of FEDERAL COOPERATIVE the five-year Cooperative Fire Protection FIRE PROTECTION Agreement and Annual Operating Plan with AGREEMENT local districts of both the Bureau of Land REGULAR CITY COUNCIL MEETING 7 SEPTEMBER 5, 2013 Management (BLM) and the US Forest Service (USFS). This long standing agreement allows for federal and local agency cooperation in the prevention, detection and suppression of wildland fires within the protection areas of those signatory to the agreement. A motion was made by Mr. Cooper, seconded by Mr. Moore, to approve a five-year Cooperative Fire Protection Agreement and Annual Operating Plan with local districts of both the Bureau of Land Management (BLM) and the US Forest Service (USFS), subject to Legal Department review. Upon roll call, those voting in favor were Cooper, Moore, Bray, Brown and Johnston. There being no further business, Mayor Blad adjourned the meeting at 6:33 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK