City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING MARCH 20, 2014 CLARIFICATION The City Council Agenda Clarification MEETING Meeting was called to order at 5:35 p.m. by Mayor Brian Blad. Council members present were Steve Brown, Craig Cooper, Jim Johnston, Gary Moore, Eva Johnson Nye and Michael L. Orr. 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 Steve Brown, ALLEGIANCE Craig Cooper, Jim Johnston, Gary Moore, Eva Johnson Nye and Michael L. Orr. 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. A moment of silence was observed. 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 meeting of March 6, 2014. -TREASURER’S (b) Consider the Treasurer’s Report for REPORT February, showing cash and investments as of February 28, 2014 in the amount of $30,794,073.04. -POCATELLO ARTS (c) Confirm the Mayor’s appointment of Lisa COUNCIL Delonas to serve as a member of the APPOINTMENT Pocatello Arts Council, replacing Lindsey Teuscher whose term expired. Ms. Delonas’ term will begin March 21, 2014 and will expire March 21, 2017. -NMUSAF LOAN (d) Approve and authorize the Mayor to sign, a AGREEMENT-AIRPORT renewal loan agreement between the City and 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. REGULAR CITY COUNCIL MEETING 2 MARCH 20, 2014 A motion was made by Mr. Moore, seconded by Mr. Orr, to approve the items on the consent agenda. Upon roll call, those voting in favor were Moore, Orr, Brown, Cooper, Johnston and Nye. AGENDA ITEM NO. 4: Mayor Blad announced there were no COMMUNICATIONS AND proclamations. PROCLAMATIONS AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the CALENDAR REVIEW April 3rd Regular City Council meeting at 6:00 p.m. and the April 10th Study Session at 9:00 a.m. immediately followed by Service Level Reports. Mayor Blad announced the Chrome in the Dome car show will be held at Holt Arena on March 21st and 22nd; a Robot Badge Maker Project at Marshall Public Library will be held March 25th and 26th from 2:00 p.m. to 4:00 p.m.; STEAM program at Marshall Public Library will be held from 1:00 p.m. to 3:00 p.m. March 24th through March 28th; 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, 4604 Burley Drive, Chubbuck, DISCUSSION ITEMS shared her support for organic farming FROM THE AUDIENCE methods and self-reliance. She expressed her disapproval of alcoholic beverages in public places. Kelly Benningfield, 624 West Cedar Street, shared his concerns regarding the allowance of public comments made during public hearings by individuals who are not citizens of Pocatello. Mayor Blad clarified that City Code indicates public hearings are open to public comment, and that there is no requirement for an individual to be a resident of Pocatello to speak during public hearings. AGENDA ITEM NO. 7: Janice Bisharat was present to appeal the APPEAL OF DAY decision of Police Department staff which CARE LICENSE DENIAL denied Ms. Bisharat a Day Care license. Lieutenant Paul Manning, Police Department Support Services Division, stated Ms. Bisharat’s application was denied under City Code relating to a mental commitment incident in January 2014. Mr. Manning stated Ms. Bisharat had a letter from a licensed professional related to her mental competency. Janice Bisharat, 1433 Spaulding Lane, stated she is the main provider for her family and was employed by School District No. 25 for 19 years. She added that due to cutbacks, she was laid off. REGULAR CITY COUNCIL MEETING 3 MARCH 20, 2014 Ms. Bisharat stated that she had a mental breakdown due to financial pressure, which led to her eventual mental commitment. She added that she is now seeing a psychologist to help her and would like to work to provide for her family. In response to a question from Council, Ms. Bisharat stated she was employed by The Learning Circle until the time of her Day Care license denial and the owner is aware of her commitment. She added that if her application appeal is approved, the employer has indicated that she will be once again employed by The Learning Circle. Ms. Bisharat emphasized that her career has been focused on working with children and she is very motivated to be a valuable asset to the day care. A motion was made by Mr. Moore, seconded by Mrs. Nye, to overturn the decision of the Police Department and approve a daycare license for Janice Bisharat. Upon roll call, those voting in favor were Moore, Nye, Brown, Cooper, Johnston and Orr. AGENDA ITEM NO. 8: Council was asked to accept the PIGGY-BACK BID recommendation of Sanitation Department –SANITATION staff and award a piggy-back bid on the State of Idaho’s price for the purchase of a 2014 Chevrolet ½ ton crew-cab 4X4 pickup from Smith Chevrolet in the amount of $26,346.00. The local dealership, Cole Chevrolet was unable to match the State bid price. A motion was made by Mr. Moore, seconded by Mrs. Nye, to accept the recommendation of Sanitation Department staff and award a piggy- back bid on the State of Idaho’s price for the purchase of a 2014 Chevrolet ½ ton crew-cab 4X4 pickup from Smith Chevrolet in the amount of $26,346.00. Upon roll call, those voting in favor were Moore, Nye, Brown, Cooper, Johnston and Orr. AGENDA ITEM NO. 9: Council was asked to consider a request from AGREEMENT FOR the Police Department to enter into an TASER PURCHASE Agreement with TASER International for the –POLICE purchase of 12 TASERs, Model X26P in the amount of $22,995.60. The term of the agreement is for five (5) years and at the end of the agreement the department will receive 12 new TASERs at no charge. A motion was made by Mr. Johnston, seconded by Mr. Cooper, to approve a request from the Police Department to enter into an Agreement with TASER International for the purchase of 12 TASERs, Model X26P in the amount of $22,995.60 and that the term of the agreement will be five (5) years and at the end of the agreement, the department will receive 12 new TASERs at no charge. Upon roll call, those voting in favor were Johnston, Cooper, Brown, Moore, Nye and Orr. REGULAR CITY COUNCIL MEETING 4 MARCH 20, 2014 AGENDA ITEM NO. 10: Council was asked to consider the Police TRADE AND PURCHASE Department’s recommendation and accept the OF FIREARMS-POLICE quote from Salt Lake Wholesale for the following firearm upgrades: a) TRADE-IN: Trade-in of 15 older officer duty guns at $334.00 each; and b) PURCHASE: Purchase of 21 new Glock 21 Generation 4 officer duty guns at $465.00 each. Final cost will be $4,755.00. The purchase of new firearms is included in the Police Department 2014 Fiscal Year budget. A motion was made by Mr. Johnston, seconded by Mrs. Nye, to accept the Police Department’s recommendation and accept the quote from Salt Lake Wholesale for the following: a) trade-in of 15 older officer duty guns at $334.00 each; and b) purchase of 21 new Glock 21 Generation 4 officer duty guns at $465.00 each for a final cost of $4,755.00. Mr. Orr asked Sam Laoboonmi, who was in the audience, to address the Council. In response to a question from Mr. Orr, Sam Laoboonmi, owner of Sam’s Gun Shop, 675 Jefferson Avenue, stated he submitted a bid to the Police Department for the purchase of 21 Glock 21 Generation 4 officer duty guns. He believes he provided the lowest bid to the Police Department. Lieutenant Paul Manning, Police Department Support Services Division, stated the Police Department received a bid from Sam’s Gun Shop, but after receiving the bid, learned from the Glock representative that Mr. Lauboonmi was not authorized to sell the guns at the quoted price, due to Glock regulations. According to the Glock representative, Mr. Lauboonmi’s price would be $75.00 higher per gun than the original quote. Mr. Manning explained that the Police Department made an attempt to keep the purchase local, and that the quote from Salt Lake Wholesale was $120.00 less than the quote from Sam’s. In response to a question from Council, Mr. Manning stated because of the amount of the purchase, the City was not required to receive sealed bids. He clarified that Mr. Lauboonmi would be authorized to sell firearms to the Police Department, but not at the “Blue Label” price, as originally quoted. In response to a question from Mayor Blad, Mr. Lauboonmi stated that he would not lose his Glock license and can still supply the REGULAR CITY COUNCIL MEETING 5 MARCH 20, 2014 Police Department with the requested guns. He stated he is no longer able to sell the firearms at the quoted “Blue Label” price, due to a pending complaint with Glock. Mr. Manning stated that the firearms proposed for trade-in are aging but well-maintained. He added that if the motion to purchase the firearms is withdrawn and proposed at a later date, it would be acceptable to the Police Department. Mr. Johnson withdrew his motion. Mayor Blad announced Agenda Item No. 10 was being postponed and would be considered at the April 3, 2014 Council Meeting. AGENDA ITEM NO. 11: Council was asked to accept the USED VEHICLES BID recommendations of Police staff to purchase -POLICE DEPARTMENT the following vehicles, subject to Legal Department review, from Phil Meador Toyota who submitted the lowest responsive bid for three (3) used vehicles in the amount of $47,050.00. The recommendations are: a) 2013 TOYOTA CAMRY: One 2013 Toyota Camry in the amount of $18,790.00; b) 2012 TOYOTA CAMRY: One 2012 Toyota Camry in the amount of $17,760.00; and c) 2006 FORD EXPLORER: One 2006 Ford Explorer in the amount of $10,500.00. If approved, staff has proposed to trade-in one (1) older vehicle from the Detective Division and four (4) drug seizure vehicles to Phil Meador Toyota for a total trade-in allowance of $11,700.00 to help off-set the purchase price. The total purchase price will be reduced to $35,350.00 and is within the budgeted amount. A motion was made by Mrs. Nye, seconded by Mr. Brown, to approve the purchase of the following vehicles, subject to Legal Department review, from Phil Meador Toyota who submitted the lowest responsive bid for three (3) used vehicles in the amount of $47,050.00. The vehicles are: a) one-2013 Toyota Camry in the amount of $18,790.00; b) one-2012 Toyota Camry in the amount of $17,760.00; and c) one- 2006 Ford Explorer in the amount of $10,500.00 and approve the proposed trade-in of one (1) older vehicle from the Detective Division and four (4) drug seizure vehicles to Phil Meador Toyota for a total trade-in allowance of $11,700.00 for a reduced total purchase price of $35,350.00. Upon roll call, those voting in favor were Nye, Brown, Cooper, Johnston, Moore and Orr. REGULAR CITY COUNCIL MEETING 6 MARCH 20, 2014 AGENDA ITEM NO. 12: Council was asked to approve the adoption of ADDENDUM TO an Addendum to the current Collective COLLECTIVE Bargaining Agreement for the Gate City BARGAINING AGREEMENT Mechanics Local Lodge No. 1933 (Pocatello –POLICE DEPARTMENT Police Department), dated September 19, 2013. This addendum incorporates one-half of one percent (0.5%) pay increase to all members of the bargaining unit retroactive to October 1, 2013. A motion was made by Mr. Moore, seconded by Mr. Orr, to approve the adoption of an Addendum to the current Collective Bargaining Agreement for the Gate City Mechanics Local Lodge No. 1933 (Pocatello Police Department), dated September 19, 2013 to incorporate one-half of one percent (0.5%) pay increase to all members of the bargaining unit retroactive to October 1, 2013. Upon roll call, those voting in favor were Moore, Orr, Brown, Cooper, Johnston and Nye. AGENDA ITEM NO. 13: Council was asked to consider granting a BEER PERMIT beer/wine permit to Kylie Bush (1422 APPLICATION-BUSH Stoneridge, Pocatello ID 83201), for a wedding reception in Sister City Park on August 2, 2014 from 4:00 p.m. to 8:00 p.m. Ms. Bush has reserved the park shelter for that day and has submitted an application to allow the consumption of beer and wine at the event. Approval by Council is necessary since Sister City Park is not specifically identified in City Code 12.36.060 as a park where the consumption of such beverages is allowed. A motion was made by Mrs. Nye, seconded by Mr. Moore, to grant a beer/wine permit to Kylie Bush for a wedding reception in Sister City Park on August 2, 2014 from 4:00 p.m. to 8:00 p.m. Upon roll call, those voting in favor were Nye, Moore, Brown, Cooper, Johnston and Orr. AGENDA ITEM NO. 14: Council was asked to approve, subject to 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 programs. The agreement allows the use of the park for scheduled games during the months of April, May and June 2014. 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. Brown, seconded by Mr. Johnston, to approve, subject to Legal Department review, a Use Agreement with Pocatello Lacrosse to allow their use of O.K. Ward Park for their high school and youth lacrosse programs for scheduled games during REGULAR CITY COUNCIL MEETING 7 MARCH 20, 2014 the months of April, May and June 2014 and that Pocatello Lacrosse will a) be responsible for any damages incurred by their use; b) pay applicable fees; and c) provide liability insurance, naming the City as an additional insured. Upon roll call, those voting in favor were Brown, Johnston, Cooper, Moore, Nye and Orr. AGENDA ITEM NO. 15: Council was asked to consider a Use USE AGREEMENT Agreement, subject to Legal Department –SCOUT MOUNTAIN review, with Luke Nelson, d/b/a Scout ULTRA TRAIL RUN Mountain Ultra Trail Run for use of a portion of the City Creek Management Area for the event. The trail race will be held on June 7, 2014 with course set-up on June 6, 2014. Mr. Nelson will be charged $100.00 for the use and also be 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 Trail Race. A motion was made by Mrs. Nye, seconded by Mr. Cooper, to approve a Use Agreement, subject to Legal Department review, with Luke Nelson, d/b/a Scout Mountain Ultra Trail Run for use of a portion of the City Creek Management Area for an event to be held on June 7, 2014 with course set-up on June 6, 2014 and that Mr. Nelson will a) be charged $100.00 for the use; b) be required to provide liability insurance, naming the City as an additional insured; c) be responsible for set-up and cleaning of the area after the event; and d) be responsible for any damages and any addition costs incurred by the City as a result of the event. Upon roll call, those voting in favor were Nye, Cooper, Brown, Johnston, Moore and Orr. AGENDA ITEM NO. 16: Council was asked to consider a Use USE AGREEMENT Agreement, subject to Legal Department –PEDAL FEST review, with Corey Wight, d/b/a Pedal Fest Mountain Bike Race, for the use of the City Creek Management Area for the annual Pedal Fest Mountain Bike Race on June 14, 2014. (Race set-up will be on June 13.) If approved, Pedal Fest will be required to pay the applicable fee and provide liability insurance, naming the City as an insured. A motion was made by Mr. Moore, seconded by Mr. Johnston, to approve a Use Agreement, subject to Legal Department review, with Corey Wight, d/b/a Pedal Fest Mountain Bike Race, for the use of the City Creek Management Area for the annual Pedal Fest Mountain Bike Race on June 14, 2014 with race set-up on June 13, 2014 and that Pedal Fest will be required to pay the applicable fee and provide liability insurance, naming the City as an insured. Upon roll call, those voting in favor were Moore, Johnston, Brown, Cooper, Nye and Orr. REGULAR CITY COUNCIL MEETING 8 MARCH 20, 2014 AGENDA ITEM NO. 17: Council was asked to approve submission of GRANT APPLICATIONS the following grants and, if awarded, authorize acceptance of the grant and authorize the Mayor to sign, subject to Legal Department review, documents related to the grants: AIRPORT a) An application for a Federal Aviation IMPROVEMENT Administration grant under the Airport PROGRAM GRANT Improvement Program in the amount of $1,125,000.00 for the purpose of installation of a passenger boarding bridge, purchase of a tractor for snow removal, and design of apron pavement rehabilitation. The grant will require a local match of 6.25% to be funded using airport passenger facility charge funds; PORTNEUF RIVER b) An application to the US Army Corps of MASTER PLAN GRANT Engineers for planning funds to develop a master plan for the Portneuf River corridor within the Portneuf Valley in eastern Idaho working with watershed stakeholders. Total costs are expected to remain below $200,000.00. A 50% local cost-share (can be in-kind) is required. ICF GRANT c) Authorize the Pocatello Arts Council to –POCATELLO ARTS apply for an Idaho Community Foundation COUNCIL (ICF) Grant in the amount of $5,000.00 for the Pocatello Rocks! Project. There are no matching funds associated with this request. A motion was made by Mr. Johnston, seconded by Mrs. Nye, to approve submission of grants as outlined in Agenda Item No. 17(a) through 17(c), and if awarded, authorize acceptance of the grants and authorize the Mayor to sign, subject to Legal Department review, documents related to the grants. In response to a question from Council, David Allen, Airport Manager, stated the 6.25% match would be a cash match which would be obtained from passenger facility charges. Mr. Johnston’s motion was voted upon at this time. Upon roll call, those voting in favor were Johnston, Nye, Brown, Moore and Orr. Mr. Cooper voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 18:Council was asked to approve and authorize AIRPORT the Mayor to sign, a Professional Services PROFESSIONAL Agreement with T-O Engineers for services at SERVICES AGREEMENT the Airport in the amount of $305,724.00. WITH T-O ENGINEERS Services include: engineering services for procurement of snow removal equipment; bid and project management of installation of a passenger boarding bridge; and design of apron rehabilitation. Funding for the agreement will come from Federal Aviation Administration (FAA) REGULAR CITY COUNCIL MEETING 9 MARCH 20, 2014 grant and local match monies. The contract is subject to FAA approval. In response to questions from Council, David Allen, Airport Manager, stated the City of Pocatello entered into a 5-year agreement with T-O Engineers to provide consulting services for Airport projects. He clarified that T-O Engineers has expertise in Airport matters and is an FAA approved consultant. Mr. Allen added that the work performed by T-O Engineers takes a considerable amount of time and it is most effective to be outsourced to an engineering firm rather than being done by Airport staff. A motion was made by Mr. Moore, seconded by Mr. Brown, 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 $305,724.00 for engineering services for procurement of snow removal equipment; bid and project management of installation of a passenger boarding bridge; and design of apron rehabilitation, subject to FAA approval. Upon roll call, those voting in favor were Moore, Brown, Johnston and Nye. Cooper and Orr voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 19: Council was asked to approve, and authorize AIRPORT USE the Mayor to sign, a Use Agreement between AGREEMENT-MOTOCROSS the City and Rick C. Morrison, d/b/a Pocatello Motocross Park, for the use of City property adjacent to the Motocross Park’s leased property for two (2) one-day enduro cross country events on March 29, 2014 and September 27, 2014. The daily use fee will be $109.00 for each event. Mayor Blad clarified that under the terms of the agreement, Mr. Morrison would be required to provide liability insurance, naming the City as an additional insured. A motion was made by Mr. Moore, seconded by Mr. Johnston, to approve, and authorize the Mayor to sign, a Use Agreement between the City and Rick C. Morrison, d/b/a Pocatello Motocross Park, for the use of City property adjacent to the Motocross Park’s leased property for two (2) one-day enduro cross country events on March 29, 2014 and September 27, 2014 and that the daily use fee will be $109.00 for each event. Upon roll call, those voting in favor were Moore, Johnston, Brown, Cooper, Nye and Orr. AGENDA ITEM NO. 20: Council was asked to adopt a resolution RESOLUTION-CITY providing for the destruction of temporary RECORDS DESTRUCTION records pursuant to Idaho Code §50-907 and the City’s Record Policy. The Idaho State Archives has reviewed the request and does not consider these records to have historical significance and has no desire in obtaining these records. REGULAR CITY COUNCIL MEETING 10 MARCH 20, 2014 A motion was made by Mr. Moore, seconded by Mr. Johnston, to adopt a resolution (2014-07) providing for the destruction of temporary records pursuant to Idaho Code §50-907 and the City’s Record Policy. Upon roll call, those voting in favor were Moore, Johnston, Brown, Cooper, Nye and Orr. AGENDA ITEM NO. 21: Council was asked to approve the renewal of SCHOOL CROSSING a contract with G4S Secure Solutions, Inc., GUARD CONTRACT subject to Legal Department review, for RENEWAL-G4S SECURE school crossing guard services. The renewal SOLUTIONS, INC. provides for the existing service level and a price increase from $9.30 per hour to $11.00 per hour. The rate increase was reviewed by our cost sharing partners which include: School District No. 25, the City of Chubbuck, as well as City staff. All concur that the increase is regrettable but appropriate, since the hourly rate had not increased since 2003. Staff recommended approval of the renewal. A motion was made by Mr. Moore, seconded by Mr. Brown, to approve the renewal of a contract with G4S Secure Solutions, Inc., subject to Legal Department review, for school crossing guard services and that the renewal will provide for the existing service level and a price increase from $9.30 per hour to $11.00 per hour. Upon roll call, those voting in favor were Moore, Brown, Cooper, Johnston, Nye and Orr. There being no further business, Mayor Blad adjourned the meeting at 7:04 p.m. APPROVED BY: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK REGULAR CITY COUNCIL MEETING 11 MARCH 20, 2014 PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK