City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING APRIL 3, 2014 CLARIFICATION The City Council Agenda Clarification MEETING Meeting was called to order at 5:30 p.m. by Mayor Brian Blad. Council members present were Steve Brown, Craig Cooper, Jim Johnston, Gary Moore and Michael L. Orr. Council member Eva Johnson 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 6:06 p.m. by Mayor Brian Blad. PLEDGE OF Council members present were Steve Brown, ALLEGIANCE Craig Cooper, Jim Johnston, Gary Moore and Michael L. Orr. Council member Eva Johnson Nye was excused. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was offered by Reverend Duffy INVOCATION Peet, minister from Pocatello Unitarian Universalist Fellowship. Mayor Blad announced that Agenda Item 3(d) and 3(e) had been pulled from the agenda. 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 March 6 and 13, 2014 Service Level Report meetings; March 6, 2014 Clarification and Regular Council meeting; March 13, 2014 Study Session; and March 20, 2014 Executive Session. -PAYROLL AND (b) Payroll and material claims for the month of MATERIAL CLAIMS March 2014 in the amount of $5,972,171.27. -ANIMAL SHELTER (c) Confirm the Mayor’s reappointment of Su ADVISORY BOARD Puckett to continue her service as a member REAPPOINTMENT of the Animal Shelter Advisory Board. Ms. Puckett’s term will begin April 20, 2014 and will expire April 29, 2016. -COUNCIL DECISION (d)As announced earlier, Agenda Item No. 3(d) AIRPORT REZONE to adopt the Council’s decision from September 19, 2013 to rezone approximately 27.4 acres in the Pocatello Airport Overlay District” from a REGULAR CITY COUNCIL MEETING 2 APRIL 3, 2014 “Warehouse/Distribution” zone to a “Light Industry and Manufacturing” zone was pulled from the agenda. -COUNCIL DECISION (e) As announced earlier, Agenda Item No. 3(e) AIRPORT LAND USE to adopt the Council’s decision from MATRIX AMENDMENT September 19, 2013 amending Table 1, Land Use Matrix, contained in the Pocatello Airport Master Plan was pulled from the agenda. A motion was made by Mr. Moore, seconded by Mr. Johnston, to approve items 3(a) through 3(c) on the consent agenda. Upon roll call, those voting in favor were Moore, Johnston, Brown, Cooper and Orr. Mayor Blad recognized Boy Scouts from Troop 348 in the audience and Kevin England, Mayor of Chubbuck. AGENDA ITEM NO. 4: Mr. Cooper, on behalf of Mayor Blad, COMMUNICATIONS AND proclaimed April 2014 to be Civitan PROCLAMATIONS Awareness Month in Pocatello and encouraged residents to actively support this international service organization. Teresa Wakeman and Katie Eng, representatives of local Civitan groups, thanked the Mayor and Council for the Proclamation and announced upcoming Civitan-sponsored events. Mr. Moore, on behalf of Mayor Blad, proclaimed April 2014 to be Fair Housing Month in Pocatello and urged citizens and businesses to increase their awareness of the Federal Fair Housing Act. Roger Frey, Community Development Block Grant Committee Vice-Chair, accepted the proclamation from Mayor Blad and thanked the Council for their support. AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the April CALENDAR REVIEW 10th Study Session at 9:00 a.m. immediately followed by Service Level Reports; an Executive Session following the Service Level Reports; and the April 17th Regular City Council meeting at 6:00 p.m. Mayor Blad announced programs will be held at the Marshall Library on April 8th and 12th for “Money Smart Week”, contact the Library for more information; Citizen Police Academy will take place April 22nd through June 3rd, contact the Police Department to apply; and the annual spring cleanup at City cemeteries continues through the end of April. Crews will be removing and discarding all flowers and decorations. Mr. Brown announced April is Organ Donor month and shared some of REGULAR CITY COUNCIL MEETING 3 APRIL 3, 2014 the benefits his family has experienced through the donor program. AGENDA ITEM NO. 6: Idaho Lorax, Pocatello citizen, shared DISCUSSION ITEMS information regarding upcoming community FROM THE AUDIENCE events. Niki Taysom, 4604 Burley Drive, Chubbuck, shared her concerns regarding activities at local libraries. Mike Seibert, 1665 Pocatello Creek Road, stated that some local building and improvement projects within Bannock County give preferential consideration to local contractors. He asked if the same policy could be established within the City of Pocatello projects. AGENDA ITEM NO. 7: Raymond Hughesman was present to appeal the APPEAL OF TAXI CAB decision of Police Department staff which LICENSE DENIAL denied Mr. Hughesman a Taxi Cab License. -HUGHESMAN Paul Manning, Police Department Support Services Division, stated Mr. Hughesman’s application was denied under City Code relating to numerous alcohol-related incidents. The incidents include a felony DUI in 2001, three probation violations and 16 separate protective custody incidents, the most recent incident being in January 2014. Raymond Hughesman, 653 South 4th Avenue, presented two letters to the Council from his case managers. He stated he is presently unemployed and living at the homeless shelter. Mr. Hughesman stated Yellow Cab is willing to give him employment if the Council approves his Taxi Cab License appeal. In response to questions from Council, Mr. Hughesman stated he had previously been issued a CDL driver license through the State of Idaho, which has since expired. He added that he has been sober since January 2014 and must successfully pass a breathalyzer test to stay at the homeless shelter. Mr. Hughesman stated he attends Alcoholics Anonymous meetings when he is able to. He added that he is currently working with Working Solutions to help him gain employment skills. Mr. Moore expressed his concern regarding the somewhat recent nature of Mr. Hughesman’s latest protective custody incident. A motion was made by Mr. Johnston, seconded by Mr. Orr, to uphold the decision of the Police Department and deny Mr. Hughesman a Taxi Cab License. Upon roll call, those voting in favor were Johnston, Orr, Brown, Cooper and Moore. Mr. Brown commended Mr. Hughesman for his efforts and encouraged him to continue his progress. REGULAR CITY COUNCIL MEETING 4 APRIL 3, 2014 Mr. Manning clarified that Mr. Hughesman would be allowed to reapply and pay the non-refundable application fees at any time. AGENDA ITEM NO. 8: Council was asked to approve and authorize IDAHO POWER EASEMENT the Mayor to sign, subject to Legal –AIRPORT Department review, a utility easement on Pocatello Airport property for Idaho Power Company. A motion was made by Mr. Brown, seconded by Mr. Cooper, to approve and authorize the Mayor to sign, subject to Legal Department review, a utility easement on Pocatello Airport property for Idaho Power Company. Upon roll call, those voting in favor were Brown, Cooper, Johnston, Moore and Orr. AGENDA ITEM NO. 9: Americorps (430 North 5th Avenue, Pocatello “COUNCIL SELECT” ID 83201) represented by Dan Murphy and FUNDING REQUEST Sarah Phelps, is requesting “Council Select” AMERICORPS-VETERANS funds in the amount of $151.58 to pay for SERVING VETERANS two (2) portable toilets to be used at a Fun Run/Walk event to combat childhood obesity on May 10, 2014. (As of April 1, 2014 $5,000.00 remained in the “Council Select” fund.) Dan Murphy, Americorp representative, stated that Americorp is a volunteer program and the Fun Run/Walk event is intended to be a food drive function for the Idaho Foodbank. He stated the entry fee for the event is one or more cans of donated food. Mr. Murphy added that Americorps is hoping for 200 participants in the fun run. He stated he is currently looking for a company to be a t-shirt sponsor for the event. A motion was made by Mr. Johnston, seconded by Mr. Moore, to approve a request by Americorps for “Council Select” funds in the amount of $151.58 to pay for two (2) portable toilets to be used at a Fun Run/Walk event on May 10, 2014. Upon roll call, those voting in favor were Johnston, Moore, Brown, Cooper and Orr. 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) for the use of ASSOCIATION “Council Select” funds in the amount of $373.60 to help with porta-potty costs ($336.50) and Special Event fee ($37.00) to use Caldwell Park for a fundraising event called HeartChase. The event will be held on September 6, 2014 and proceeds will be used to support heart healthy activities in Pocatello and Southeast Idaho. (As of April 1, 2014 $5000.00 remained in the “Council Select fund.) REGULAR CITY COUNCIL MEETING 5 APRIL 3, 2014 Shilo Roubidoux, 1009 North Rapid Creek, Inkom, serves as the Executive Director for the HeartChase event. She stated the 2013 event had over 85 participants and raised nearly $21,000.00 for the American Heart Association while also educating participants on heart healthy issues. Ms. Roubidoux emphasized that the 2014 focus is to have all high school seniors within the Pocatello/Chubbuck School District trained in CPR. A motion was made by Mr. Moore, seconded by Mr. Johnston, to approve a request by American Heart Association for “Council Select” funds in the amount of $250.00 to help with costs and fees for a fundraising event called HeartChase to be held on September 6, 2014. Upon roll call, those voting in favor were Moore, Johnston, Brown, Cooper and Orr. AGENDA ITEM NO. 11: Council was asked to consider a Use USE AGREEMENT Agreement, subject to Legal Department –GATE CITY review, with Gate City Special Olympics SPECIAL OLYMPICS (Gate City) to have exclusive use of the Community Recreation Center pool on Fridays during the period of April 4 through June 4, 2014 from 7:00 p.m. to 9:00 p.m. This agreement requires Gate City to pay applicable rental fees and provide liability insurance, naming the City as an additional insured. Gate City will also be responsible to provide a certified life guard in the pool area during all practice times. A motion was made by Mr. Cooper, seconded by Mr. Orr, to approve a Use Agreement, subject to Legal Department review, with Gate City Special Olympics to have exclusive use of the Community Recreation Center pool on Fridays from 7:00 p.m. to 9:00 p.m. during the period of April 4 through June 4, 2014 and that Gate City Special Olympics will: 1) pay applicable rental fees; 2) provide liability insurance, naming the City as an additional insured; and 3) be responsible to provide a certified lifeguard in the pool area during all practice times. Teresa Lewis, 1803 Patsy, serves as the local program coordinator for Gate City Special Olympics. She stated 24 swimmers, ages 8 to 56, participate in the swimming program. Mr. Cooper’s motion was voted upon at this time. Upon roll call, those voting in favor were Cooper, Orr, Brown, Johnston and Moore. AGENDA ITEM NO. 12: Council was asked to authorize the Mayor to AGREEMENTS enter into the following two (2) –POCATELLO ARTS professional service agreements on behalf of COUNCIL the Pocatello Arts Council Advisory Board: -JUST HOLD STILL a) Provide professional 3D photographs of all PHOTOGRAPHY art inventory (approximately 250 pieces) for the Art Council’s website; and REGULAR CITY COUNCIL MEETING 6 APRIL 3, 2014 -PAINTED FROG b) Load all art inventory (approximately 250 DESIGN pieces) to the Art Council’s website and maintain the website, including posting RFP’s, membership and activities, etc. The Arts Council has verified the funds for these contracts are available in their budget which is allotted by the City of Pocatello. A motion was made by Mr. Orr, seconded by Mr. Moore, to authorize the Mayor to enter into two professional service agreements in amounts not to exceed the amount available which is allotted by the City of Pocatello as outlined in Agenda Item 12(a) and 12(b) on behalf of the Pocatello Arts Council Advisory Board. Upon roll call, those voting in favor were Orr, Moore, Brown, Cooper and Johnston. AGENDA ITEM NO. 13: Council was asked to consider a request from CONCESSION Spencer and Kristen Toone, dba Yellow Snow AGREEMENT Shaved Ice, (mailing address: 5163 Jake EXCEPTION Avenue, Chubbuck ID 83202) for an exception –YELLOW SNOW to City Code 5.06.020 to operate a SHAVED ICE mobile/trailer snow shack at OK Ward Park and other public places and parks where it is not specifically identified in City Code. Yellow Snow Shaved Ice will be required to provide liability insurance, naming the City as an additional insured, meet South East Public Health requirements and pay the applicable fee of $100.00 per month during the term of their operation. The City Council has approved similar vendor permit exceptions in the past for three ice cream mobile concessionaires. In response to a question from Council, Spencer Toone stated the family-owned/operated business would only be located in the parking lot at OK Ward Park, as permitted through the concession permit. A motion was made by Mr. Johnston, seconded by Mr. Cooper, to approve a request from Spencer and Kristen Toone, dba Yellow Snow Shaved Ice, for an exception to City Code 5.06.020 to operate a mobile/trailer snow shack at OK Ward Park and other public places and parks where it is not specifically identified in City Code. Yellow Snow Shaved Ice will be required to a) provide liability insurance, naming the City as an additional insured; b) meet South East Public Health requirements; and c) pay the applicable fee of $100.00 per month during the term of their operation. Upon roll call, those voting in favor were Johnston, Cooper, Brown, Moore and Orr. AGENDA ITEM NO. 14: Council was asked to authorize the Mayor’s WILLIAMS signature on a Contract with Williams REGULAR CITY COUNCIL MEETING 7 APRIL 3, 2014 ENGINEERING, INC. Engineering, Inc., subject to Legal SERVICES CONTRACT Department review, in the amount of –STORMWATER $3,110.00 for services performed related to MASTER PLAN updating the City’s Stormwater Masterplan. Said fees are included in the Fiscal Year 2014 budget. A motion was made by Mr. Moore, seconded by Mr. Orr, to authorize the Mayor’s signature on a Contract with Williams Engineering, Inc., subject to Legal Department review, in the amount of $3,110.00 for services performed related to updating the City’s Stormwater Masterplan. Upon roll call, those voting in favor were Moore, Orr, Brown, Cooper and Johnston. AGENDA ITEM NO. 15: Council was asked to accept the ARFF TRUCK recommendation from Fire Department staff DECLARATION AS and declare a 1982 Pierce ARFF truck as SURPLUS AND surplus and authorize its donation to Downey DONATIVE TRANSFER Fire Protection District. The recent–FIRE DEPARTMENT purchase of a new ARFF truck has made this equipment surplus and no longer needed by the department. A motion was made by Mr. Moore, seconded by Mr. Cooper, to accept the recommendation from Fire Department staff and declare a 1982 Pierce ARFF truck as surplus and authorize its donation to Downey Fire Protection District. In response to a question from Council, Dave Gates, Fire Chief, stated that the truck donation to the Downey Fire Protection District would be beneficial to the City of Pocatello because the equipment would remain within Bannock County and be available for backup on large scale fires. Dean Tranmer, City Attorney clarified that according to Idaho Code, property can be gifted from one government entity to another if it is in the best interest of the public to do so. Mr. Moore’s motion was voted upon at this time. Upon roll call, those voting in favor were Moore, Cooper, Brown, Johnston and Orr. AGENDA ITEM NO. 16: Council was asked to approve and authorize AGREEMENT the Mayor to sign, subject to Legal –IDAHO TRAFFIC Department review, an agreement with Idaho SAFETY, INC. Traffic Safety, Inc. in the amount of $24,788.40 to perform work including painting traffic control lines on selected City streets. Funds for this agreement are available in the Street Operation’s Fiscal Year 2014 Budget. A motion was made by Mr. Brown, seconded by Mr. Johnston, to approve and authorize the Mayor to sign, subject to Legal REGULAR CITY COUNCIL MEETING 8 APRIL 3, 2014 Department review, an agreement with Idaho Traffic Safety, Inc. in the amount of $24,788.40 to perform work including painting traffic control lines on selected City streets. Upon roll call, those voting in favor were Brown, Johnston, Cooper, Moore and Orr. AGENDA ITEM NO. 17: 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. Moore, seconded by Mr. Brown, to accept the Police Department’s recommendation and accept the quote from Salt Lake Wholesale for the following firearm upgrades: 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 and that the final cost will be $4,755.00. Upon roll call, those voting in favor were Moore, Brown, Cooper, Johnston and Orr. AGENDA ITEM NO. 18: Council was asked to consider the Police PURCHASE OF Department’s recommendation and accept the FIREARMS-DETECTIVE quote from Sam’s Gun Shop for six (6) Glock DIVISION 30S Service weapons in the amount of $3,060.00 to be used by the Detective Division. The bid includes a trade-in allowance for multiple seized weapons in the amount of $2,180.00 for a final cost of $880.00 to be paid out of the Narcotics Confidential Fund. These surplus firearms were awarded by the Court with the stipulation they must be used “exclusively” in narcotics enforcement. A motion was made by Mr. Moore, seconded by Mr. Orr, to accept the Police Department’s recommendation and accept the quote from Sam’s Gun Shop for six (6) Glock 30S Service weapons in the amount of $3,060.00 to be used by the Detective Division with a trade-in allowance for multiple seized weapons in the amount of $2,180.00 for a final cost of $880.00. Upon roll call, those voting in favor were Moore, Orr, Brown, Cooper and Johnston. AGENDA ITEM NO. 19: Council was asked to consider the following ORDINANCES ordinances: REGULAR CITY COUNCIL MEETING 9 APRIL 3, 2014 -ADOPTION OF (a) An ordinance amending Title 15, Buildings 2012 BUILDING and Construction, of the Pocatello Municipal AND FIRE CODES Code to adopt the 2012 editions of the International Building Code, the Existing Building Codes (as amended), the 2012 International Fire Code (as amended), the fire safety provisions in the current Pocatello Municipal Code, and the current editions of the National Fire Protection Association Standards. A motion was made by Mr. Moore, seconded by Mr. Johnston, that the ordinance, Agenda Item 19(a), 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 Moore, Johnston, Brown, Cooper and Orr. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance amending Title 15, Buildings and Construction, of the Pocatello Municipal Code to adopt the 2012 editions of the International building Code, the Existing Building Codes (as amended), the 2012 International Fire Code (as amended), the fire safety provisions in the current Pocatello Municipal Code, and the current editions of the National Fire Protection Association Standards. Mayor Blad asked “Shall the ordinance pass?” Upon roll call, those voting in favor were Brown, Cooper, Johnston, Moore and Orr. Mayor Blad declared the ordinance and summary sheet passed, that it be numbered 2930 and be submitted to the Idaho State Journal for publication. -AMEND ZONING (b) An ordinance amending Pocatello Municipal REGULATIONS Code Title 17, Zoning Regulations, as requested by Planning and Development Services staff to clarify and refine the code pursuant to questions which have arisen since the adoption of Title 17 in 2008. A Public Hearing was held on these revisions at the February 6, 2014 Council meeting. A motion was made by Mr. Moore, 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 only the ordinance summary sheet be submitted for publication. Upon roll call, those voting in favor were Moore, Brown, Cooper, Johnston and Orr. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance amending Pocatello Municipal Code Title 17, Zoning Regulations, to clarify and refine the code pursuant to questions which have arisen since the adoption of Title 17 in 2008. Mayor Blad asked, “Shall the ordinance pass?” Upon roll call, those voting in favor were Brown, Cooper, Johnston, Moore and Orr. Mayor Blad declared the ordinance REGULAR CITY COUNCIL MEETING 10 APRIL 3, 2014 and summary sheet passed, that it be numbered 2931 and be submitted to the Idaho State Journal for publication. There being no further business, Mayor Blad adjourned the meeting at 7:14 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK