City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL MEETING - BUDGET DEVELOPMENT MAY 1, 2014 Mayor Brian Blad called the City Council meeting for budget development to order at 9:04 a.m. Council members present were Steve Brown, Jim Johnston, Gary Moore and Michael L. Orr. Council members Craig Cooper and Eva Johnson Nye were excused. David Swindell, Chief Financial Officer, stated that information regarding revenue estimates would be presented. The revenue sources that will be discussed are sales tax, highway user fees, building permits, natural gas franchise fee, State liquor tax, general fund interest earnings, cable franchise fee, magistrate court fines and forfeitures, electric franchise fee, cemetery charges and property taxes. Mr. Swindell stated throughout the meeting he would be seeking decisions from the Council on what revenue figures to include in the proposed budget. He provided background information on the different revenues to be discussed. Council proceeded to review the information provided by Mr. Swindell and make suggestions for the revenue estimates to be used in the Fiscal Year 2015 Budget. During the discussion, it was noted that the projected Sales Tax revenue for Fiscal Year 2015 is estimated at $4,231,312.00. The Highway User revenue is still a declining revenue source for Pocatello. The 2015 estimate is lower than the previous year and the purchasing power for this source continues to decline. He noted the issue was not addressed during the last Legislative Session. Council Guidance for 2015 Sales Tax Revenue is $4,231,000.00. Council Guidance for 2015 Highway User Fee Revenue is $1,800,000.00. Mr. Swindell noted that Building Permits fluctuate a great deal and is based on construction within the City. He explained that staff is starting to see a modest increase in the commercial construction, but projects continue to be slow. Council Guidance for 2015 Building Permit Revenue is $475,000.00. It was noted that natural gas franchise revenue is influenced by commodity prices and severity of the winter season. Council Guidance for 2015 Natural Gas Franchise Revenue is $365,000.00. Mr. Swindell explained changes in the State Liquor Tax estimates. The State of Idaho increased their “take” by 20% each year until reaching 50% and this should be achieved in Fiscal Year 2014. Council Guidance for 2015 State Liquor Tax Revenues is $600,000.00 Mr. Swindell reviewed General Fund Interest for the City which includes earnings from invested cash such as the state pool or bank money market funds. These rates have dropped dramatically and the capacity fee lawsuit of 2013 prompted an allocation change. As a result, utility interest income will go to general fund. Council Guidance for 2015 General Fund Interest Revenue is $125,000.00.  2 CITY OF POCATELLO BUDGET DEVELOPMENT MEETING MAY 1, 2014 Mr. Swindell reviewed Cable Franchise Fees and the 2012 Idaho Legislature decision to eliminate the PEG fee for cities. He noted the prior 12 months for Cable Franchise fees was $289,730.63. Council Guidance for 2015 Cable Franchise Fees is $295,000.00. Magistrate Court revenues for Fiscal Year 2013 were $249,337.68. Mr. Swindell stated that the amount for 2013 is the lowest amount received since Fiscal Year 1998. He noted the collection process at Bannock County has changed and may be part of the reason the revenue has decreased. Council Guidance for 2015 Magistrate Revenue is $245,000.00. Mr. Swindell explained that Electric Franchise Fee revenue is also impacted by rates and rates are impacted by snow pack. Council Guidance for 2015 Electric Franchise Fee Revenue is $400,000.00. Cemetery revenue is based upon charges for open/close funeral services and plot sales. Differences in revenue are impacted by rates, interments and the choice of purchasing a standard cemetery plot verses an ash burial. Council guidance for 2015 Cemetery Fee Revenue is $315,000.00. Estimated fuel expense for City vehicles was discussed. The price per gallon volume for March 2013 through February 2014 was reviewed and staff recommended a $1,809,037.00 fuel budget for 2015. (20% to Fiscal Year 13/14 actual, rounded up) Council Guidance for 2015 Fuel Expense is Fiscal Year 2014 City pump prices (per gallon) in the amount of $3.90 for unleaded and $4.20 for diesel. Property Tax estimates were discussed and it was noted the valuation is estimated at a three percent increase. In response to questions from Council, Mr. Swindell explained the process for the City’s portion of the levy rate and how it is set in the county. He reviewed additional property tax authority such as new construction allowance and annexation allowance. More information will be available in early May and into June or August to obtain a better estimate of property tax revenue. Kim Bristow, Benefits Coordinator, joined Mr. Swindell to discuss estimated labor costs for City employees and medical insurance rates for Fiscal Year 2015. Requests for new staff positions by the following departments were reviewed: Mayor, Fire, Police, Animal Control, Airport, Library, Video Services, Finance and Utility Billing. Decisions on specific staffing requests from departments will take place in June 2014. Multiple requests for labor positions from the Fire Department were reviewed by Ms. Bristow. She explained Chief Gates plans to approach the Bannock County Commissioners to help fund the labor requests. Mr. Gates claims his department is already expending the funds in overtime costs that could be used to fill an Emergency Vehicle Technician position.  3 CITY OF POCATELLO BUDGET DEVELOPMENT MEETING MAY 1, 2014 Mayor Blad called a recess at 10:33 a.m. Mayor Blad reconvened the meeting at 10:49 a.m. Council discussion regarding rising medical costs for employees followed. It was noted that there is an aging workforce of City employees and medical costs are going up. City benefits for retirees were also discussed and changes were suggested that may help keep these costs down as well. Ms. Bristow reviewed the Medical Insurance Blue Cross Renewal figures. She noted the initial renewal increase for medical benefits was 13.32%. However, the City qualifies for a renewal increase of only 5.38 % that includes a $100.00 co-pay if a person uses the emergency room at the hospital. It was clarified this co-pay does not apply to an office visit at an Urgent Care facility. Ms. Bristow noted there is not an increase in the cost of Delta Dental benefits for employees. Discussion followed regarding the employer/employee costs for medical benefits for current employees and retirees. It was mentioned the Affordable Care Act will have a cost ceiling for premiums that employers may charge. Five scenarios were presented regarding designating the cost increases to determine what employees will pay and the City will pay for medical benefits. Budget guidance from the Council for Fiscal Year 2015 Medical Costs is to use Scenario No. 2 as a first step to move toward a more balanced division of costs between employees and the City. It was noted that Scenario No. 2 includes the $100.00 co-pay for emergency room visits in order to receive the discounted cost for medical benefits. Mr. Swindell reviewed the budget meeting schedule and gave an overview of information that will be available on the City’s website. At this time, the following departments presented their Budget estimates for Fiscal Year 2015: Mayor/Council, Utility Billing and Finance. -MAYOR/COUNCIL Anne Nichols, Assistant to the Mayor, reviewed the Mayor/Council BUDGET FY 2015 proposed budget for Fiscal Year 2015. She explained the amount is under what was budgeted for Fiscal Year 2014 because no election costs are anticipated. Ms. Nichols mentioned Economic Development funds were restored to $38,320.00 to allow for additional outreach to businesses interested in Pocatello. Discussion for the Public Information Officer request was reviewed. Ms. Nichols explained the City is looking for an individual that will be pro-active instead of reactive as they promote the City. The position would be responsible for the City’s twitter account, Facebook account and help the web master with media topics. Mayor Blad added the main focus for this position is to promote the positive stories about Pocatello to the media and not simply react to negative stories. -UTILITY BILLING Cindy Robbins, Utility Billing Director, reviewed revenues anticipated BUDGET FY 2015 for Fiscal Year 2015. She explained the different methods used for billing and receipts of payments in order to be cost efficient. It was noted that staff may propose a discount for individuals that manage their utility accounts on-line because of the significant cost savings from eliminating postage and printing costs.  4 CITY OF POCATELLO BUDGET DEVELOPMENT MEETING MAY 1, 2014 The billing process was reviewed and it was noted the City is divided into four areas resulting in four cycles of reading water meters. After the meters are read, billings are mailed out 4 times a month in accordance with each cycle. This process also includes water meter reading software and accounting programs used by staff. -FINANCE BUDGET Joyce Strochein, Finance Manager, noted there is a decrease in labor FISCAL YEAR 2015 costs in the Fiscal Year 2015 budget because the City Treasurer is retiring. Ms. Strochein reviewed increases in expenses anticipated for Fiscal Year 2015 which includes training in order for staff to meet necessary requirements for government accounting. There are changes that occur during the year and training is important in order to implement the changes correctly and meet reporting requirements. Banking service fees were reviewed. It was noted banking fees are much less than previous years. This is the result of Council’s decision to support the direct deposit of employee payroll and vendor payments. Mayor Blad was excused at 12:01 p.m. to read a proclamation on behalf of the City. The meeting was adjourned at 12:04 p.m. A consensus of the Council on the Fiscal Year 2015 Revenue Estimates & Selected Other Topics is attached as a permanent part of the minutes (see Attachment “A”). APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK  CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING MAY 1, 2014 CLARIFICATION The City Council Agenda Clarification Meeting was called to MEETING to order at 5:30 p.m. by Mayor Brian Blad. Council members present were Steve Brown, Jim Johnston, Gary Moore, Eva Johnson Nye and Michael L. Orr. Council member Craig Cooper was excused. REGULAR CITY COUNCIL MEETING AGENDA ITEM NO. 1: The Regular City Council meeting was called to order at 6:00 p.m. ROLL CALL AND by Mayor Brian Blad. Council members present were Steve Brown, PLEDGE OF Jim Johnston, Gary Moore, Eva Johnson Nye and Michael L. Orr. ALLEGIANCE Council member Craig Cooper was excused. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was given by Pastor Jim Jones of Blazing INVOCATION Grace Church. AGENDA ITEM NO. 3: Council was asked to consider the following business items CONSENT AGENDA business items: -MINUTES (a) Waive the oral reading of the minutes and approve the minutes from the Clarification meeting and Regular Council meetings of April 3, 2014 and April 17, 2014; Service Level Report meeting and Executive Session of April 10, 2014. -PAYROLL AND (b) Council may wish to consider payroll and material claims MATERIAL CLAIMS for the month of April 2014 in the amount of $6,550,460.97. -FRIENDS OF THE (c) Council may wish to confirm the Mayor’s appointment of Ruth CEMETERY Edwards to serve as a member of the Friends of the Cemetery COMMITTEE Committee, replacing RichAnn Beebe who resigned. Ms. Edwards’ APPOINTMENT term will begin May 2, 2014 and will expire June 20, 2015. -RESOLUTION (d) Adopt a resolution (2014-10) approving the annual revision of the POCATELLO Affirmative Action Plan Amendments for Pocatello Regional REGIONAL TRANSIT Transit. The Plan includes accomplishments, goals and timetables AFFIRMATIVE for implementation of the Plan. ACTION PLAN AMENDMENTS FOR FISCAL YEAR 2014 -MOA-BANNOCK (e) Council was asked to consider a Memorandum of Agreement COUNTY HISTORICAL (MOA) with Bannock County Historical Society which continues a SOCIETY joint admission fee for visitors to both the Society’s Historical Museum and City-owned Fort Hall Replica/Pocatello Junction. Museum staff will be responsible for the collection of admission fees for both facilities and remitting one-half of the admission fees collected to the City. The agreement is similar to previous agreements between the Society and the City, starting in 2011. REGULAR CITY COUNCIL MEETING 2 MAY 1, 2014 -AGREEMENT (f) Council was asked to approve an Agreement and associated Work RENEWAL-PWCC and Financial Plan between the State of Idaho Department of WORK PROJECTS AT Corrections and the City and authorize the execution of said CITY LOCATIONS agreements, subject to Legal Department review. The agreements provide for the Pocatello Women’s Correctional Center (PWCC) inmate labor to perform work projects at the Parks and Recreation Department, Community Recreation Center, Ross Park Aquatic Complex, Mountain View and Restlawn Cemeteries, Pocatello Zoo and other related projects. This is an annual renewal of a previous agreement. -MOU-INTERNET (g) Council was asked to approve a Memorandum of Understanding CRIMES AGAINST (MOU) between the City of Pocatello and various agencies in the CHILDREN TASK State of Idaho. The MOU would allow the Pocatello Police FORCE Department to participate in the Idaho Internet Crimes Against Children Task Force. A motion was made by Mr. Johnston, seconded by Mrs. Nye, to approve the items on the consent agenda. Upon roll call, those voting in favor were Johnston, Nye, Brown, Moore and Orr. AGENDA ITEM NO. 4: Mayor Blad welcomed boy scouts from Troop COMMUNICATIONS AND No. 141 and No. 354. PROCLAMATIONS Mr. Johnston, on behalf of Mayor Blad, read a proclamation declaring the month of May 2014 as Drug Court Month in Pocatello. Mayor Blad presented the proclamation to Judge Robert Naftz, Bannock County Magistrate. Mr. Naftz thanked the Mayor and Council for the proclamation and introduced Drug Court Program staff members and participants of the program. Mr. Moore read a proclamation on behalf of Mayor Blad declaring May 4 through May 10, 2014 as Municipal Clerks Week. Mayor Blad presented the proclamation to Ruth Whitworth, City Clerk. Ms. Whitworth thanked the Mayor and Council for the proclamation. Mr. Orr, on behalf of Mayor Blad, read a proclamation declaring the month of May 2014 as Bike to Work Month in Pocatello. Nicki Richards, representative of Bannock Transportation Planning Organization, accepted the proclamation and thanked the Mayor and Council for the proclamation and announced upcoming “Bike to Work” activities in the community. AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the May 8th Study CALENDAR REVIEW Session at 9:00 a.m. immediately followed by a Budget meeting; the May 15th Budget meeting at 9:00 a.m.; and the May 15th Regular City Council meeting at 6:00 p.m. Mayor Blad announced that the Parks and Recreation Law Day Fun Run will take place on May 3rd; the Animal Services Rabies and Microchip Clinic will be held at the Bannock County Fairgrounds on May REGULAR CITY COUNCIL MEETING 3 MAY 1, 2014 3rd from 9:00 a.m. to 1:00 p.m.; Fire Department Wildfire Open House on May 3rd from 11:00 a.m. to 3:00 p.m. at Fire Station No. 5, 5300 Bannock Highway; City surplus auction will be held on May 10th at Prime Time Auctions; and dog licenses are on sale for half-price throughout the month of May. AGENDA ITEM NO. 6: Niki Taysom, 4604 Burley Drive, Chubbuck, expressed DISCUSSION ITEMS her concern regarding health and safety issues within the community. FROM THE AUDIENCE Idaho Lorax, Pocatello citizen, expressed his concern regarding possible environmental hazards within the community. AGENDA ITEM NO. 7: This time was set aside for the Council to receive comments from PUBLIC HEARING the public regarding proposed changes to the City’s Nuisance Code –PROPOSED NUISANCE by enacting a new Chapter 8.14 “Nuisances” as well as establishing a CODE CHANGES fee(s) and fine(s) as outlined. Proposed changes include: repealing existing Nuisance Code Chapter 8.12 Sections 8.16.050 and 8.16.060; Chapter 8.24 and Chapter 12.32 of the Pocatello Municipal Code. These proposed changes were presented to Council at the March 13, 2014 Study Session. An ordinance has been prepared for Council consideration under Agenda Item No. 13. Mayor Blad opened the public hearing. Rich Diehl, Deputy City Attorney, gave an overview of the proposed changes to the City’s Nuisance Code. In response to questions from Council, Mr. Diehl explained that the proposed changes still allow citizens the opportunity to exercise their full constitutional rights through a court process or civil procedure. He added that the objective of adopting the changes would be to reach a more timely process for violators to come into compliance. Mr. Diehl stated the proposed ordinance is similar to ordinances currently adopted by other Idaho cities. He added that the process to bring a property owner into compliance is comparable to the issuance of a parking ticket, with fines increasing as the time period increases. Mayor Blad announced no written correspondence had been received. Kirk Peterson, 363 Arabian, stated he is a member of Valley Pride and property maintenance is an issue the group has worked on for many years. He is in favor of the ordinance changes and feels it will have a positive impact upon the community. Jay Colonel, 1307 North Gale Mountain Road, spoke in favor of the proposed ordinance and feels it is an important issue. Mark Dahlquist, Director of NeighborWorks Pocatello, spoke in support of the proposed ordinance and feels the changes will promote pride within the community and vibrant neighborhoods. He added that the current complaint-driven system is unsuccessful and is glad an abatement process has been developed. Mike Theiring, 1054 North Hayes, spoke in support of the proposed changes and feels it is necessary to make changes in order to have issues resolved in a timely manner. REGULAR CITY COUNCIL MEETING 4 MAY 1, 2014 Gene Wiggers, 1854 South Fairway Drive, is a member of Valley Pride and a frequent community volunteer. He stated he supports the proposed changes because he loves Pocatello and feels it is necessary in order to take care of difficult code enforcement problems. Wayne Curtis, 6009 Arapahoe, spoke in favor of the proposed changes and feels that by focusing on newer neighborhoods with undeveloped landscapes, it will help curtail potential problems. Idaho Lorax, Pocatello citizen, spoke uncommitted to the proposed ordinance. He stated he is committed to growth and cleanliness in the community and would like to keep diversity in neighborhoods. Sheri Davies, 978 West Alameda, serves as President of the Greater Pocatello Association of Realtors, and spoke uncommitted to the proposed changes. She stated that the Association didn’t want to oppose beautification efforts, but they did have concerns regarding penalties. Ms. Davies questioned the qualifications of City staff and the guidelines that will be used to investigate cases and impose fines. Dave Packer, Bannock County Assessor, PO Box 4251, spoke uncommitted on the proposed changes. He feels the penalties should not include possible incarceration and that attaching a lien against the property be considered as a way to recoup costs. Niki Taysom, 4604 Burley Drive, Chubbuck, spoke in opposition to the proposed changes and feels code enforcement is an infringement on property owners’ rights. Rich Diehl, Deputy City Attorney, stated City Code enforcement officers receive training in all aspects of code enforcement issues. Mary Rasmussen, Code Enforcement Officer, answered questions from Council regarding rental units. She stated when a residence is a single-family unit and the issue would be typically the responsibility of the tenant, such as garbage or lawn, then the tenant is notified of the violation. Ms. Rasmussen stated if the violation is of a more serious nature, such as roofing, paint or other structural issues, then the violation notice would be sent to the property owner. She clarified that if the property is a multi-unit residence, then the violation notice is sent to the property owner or property manager. There being no further public comments, Mayor Blad closed the public hearing. AGENDA ITEM NO. 8: This time was set aside to allow the Council to receive comments PUBLIC HEARING regarding whether the City should file a Petition requesting Judicial –PETITION FOR Confirmation of the power and authority of the City under the JUDICIAL CONFIRMATION Constitution and Laws of Idaho to enter into a loan agreement or bond sale agreement and other related documents for Phase 1 improvements at the City Sewer Wastewater Treatment Facility. The amount of the proposed loan or bond sale is between $16,700,000.00 and $23,400,000.00 depending upon final engineering cost estimates. The bonds are to be repaid in biannual installments over a twenty (20) year period at interest ranging between 3.5% and 5.5%, depending upon market conditions at the time of bond sale or loan procurement. Mayor Blad opened the public hearing. REGULAR CITY COUNCIL MEETING 5 MAY 1, 2014 Jon Herrick, Water Pollution Control Superintendent, gave an overview of the phosphorous elimination permit requirements as set by the Environmental Protection Agency (EPA). He explained that phosphorous is a naturally occurring product found in wastewater. Mr. Herrick added that in order to remain in compliance with EPA permit standards, system upgrades are necessary to treat wastewater. Dave Swindell, Chief Financial Officer, stated the Finance Department would oversee the bond sale of the project as outlined. He explained the final amount, between $16.7 million and $23.4 million, would depend on market rates at the time of offering. Ruth Whitworth, City Clerk, announced written correspondence had been received from Logan Robinson. Fred Davies, 2540 Foothill Way, spoke in support of the matter. He feels the upgrades are necessary and timely in order to comply with federal requirements. Idaho Lorax, Pocatello resident, spoke uncommitted to the matter. He feels that other entities should pay for the upgrades to remove phosphorous from the water. Randall “Randy” Anderson, read a letter written by Logan Robinson in opposition to the proposed matter. Council members received copies of the letter prior to the meeting. Niki Taysom, 4604 Burley Drive, Chubbuck, spoke in opposition to the proposal. She feels it is not right for the City to establish debt and feels sewage and water fees are already too high. In response to questions from Council, Mr. Herrick explained that the water treatment facility currently removes the majority of water pollutants. He reviewed the history of discharge amounts into the Portneuf River. Mr. Herrick explained there have been days when the current amounts discharged will exceed the new EPA limits. If the limits are exceeded here are fines implemented by EPA. In response to questions from Council, Mr. Swindell expained that in order to save up enough cash to finance the upgrades within the two year deadline without accruing debt, sewer rates would need to be approximately triple the current rate. There being no further public comments Mayor Blad closed the public hearing. AGENDA ITEM NO. 9: Council was asked to grant exceptions to City Ordinances to allow EXCEPTION REQUEST Boy Scouts of America (BSA), Grand Teton Council, Tendoy -BOY SCOUTS OF District, to use the Lower Ross Park area for a city-wide Scouting AMERICA USE OF Overnight Campout June 20 through 21, 2014. During their LOWER ROSS PARK requested use of the park, BSA would like permission for the following: 1) stay overnight on June 20, 2014 which requires an exception to Ordinance 12.36.020; and 2) use of BB guns and archery equipment, which requires an exception to Ordinance 9.32.020. If the exceptions are granted, staff recommended that BSA be required to provide $500,000.00 liability insurance naming the City as an additional insured and be responsible for any damages as a result of the event. REGULAR CITY COUNCIL MEETING 6 MAY 1, 2014 A motion was made by Mr. Johnston, seconded by Mr. Orr, to allow Boy Scouts of America (BSA), Grand Teton Council, Tendoy District, to use the Lower Ross Park area for a city-wide Scouting Overnight Campout June 20 through June 21, 2014 and approve an exception to City Ordinance 12.36.020 and allow an overnight stay on June 20, 2014 and approve an exception to Ordinance 9.32.020 to allow the use of BB guns and archery equipment and that the BSA be required to provide $500,000.00 liability insurance naming the City as an additional insured and be responsible for any damages as a result of the event. Upon roll call, those voting in favor were Johnston, Orr, Brown, Moore and Nye. AGENDA ITEM NO. 10: Council was asked to approve the following agreements between the CONCESSION City of Pocatello and Fore Golf, Inc. to provide concessions for AGREEMENTS-WATKINS games played during both league play and for any tournaments: SOFTBALL COMPLEX/ NOP PARK AND OK WARD PARK OK WARD PARK a) Operate concessions in the Softball Complex area starting May 1, SOFTBALL COMPLEX 2014 through September 30, 2014; and WATKINS RAINBOW b) Operate concessions in the Softball Complex area May 1, 2014 PARK SOFTBALL through October 31, 2014. COMPLEX The City will receive 25% of the net profit from concessions sold at each park and Fore Golf, Inc. shall obtain liability insurance naming the City as an additional insured. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve the following agreements with Fore Golf, Inc. to provide concessions for games played during both league play and for any tournaments: 1) operate concessions in the Softball Complex area at OK Ward Park starting May 1, 2014 through September 30, 2014; and b) operate concessions in the Softball Complex area at Watkins Rainbow Park May 1, 2014 through October 31, 2014 and that the City will receive 25% of the net profit from concessions sold at each park and Fore Golf, Inc. shall obtain liability insurance naming the City as an additional insured. In response to a question from Council, Alan Green, Interim Parks and Recreation Director, stated the revenue generated by the concession agreements is applied to the recreation fund within the Parks and Recreation Department. Mr. Moore’s motion was voted upon at this time. Upon roll call, those voting in favor were Moore, Nye, Brown, Johnston and Orr. AGENDA ITEM NO. 11: Council was asked to consider approval of the following License HALLIWELL PARK Agreements for the 2014 baseball season at Halliwell Park’s Bill LICENSE AGREEMENTS Derham Memorial Field: -GATE CITY GRAYS a) May 1, 2014 through August 31, 2014 for scheduled baseball games and practices, subject to Legal Department review. This agreement provides for waiving the electricity (light consumption) fees and the alcohol beverage license fee for the 2014 season only. Council may also wish to consider allowing the consumption of beer/wine during the Gate City Grays REGULAR CITY COUNCIL MEETING 7 MAY 1, 2014 Baseball games, since Bill Derham Memorial Field is not specifically identified in City Code 12.36.060 as a park where consumption of such beverage is allowed; and -AMERICAN LEGION b) May 1, 2014 through August 15, 2014 for scheduled games and BASEBALL practices, subject to Legal Department review. The agreement has ASSOCIATION an annual renewal license term. The Association will pay for the electricity (light consumption) for the June and July billing period (less $500.00 for the 2014 season only). Both agreements require that the parties be responsible for: 1) providing liability insurance, naming the City as an additional insured; 2) field maintenance; 3) cleaning of the facility; and 4) any damage resulting from their use. A motion was made by Mrs. Nye, seconded by Mr. Orr, to approve the following License Agreements for the 2014 baseball season at Halliwell Park’s Bill Derham Memorial Field: a) an agreement with Gate City Grays beginning May 1, 2014 through August 31, 2014 for scheduled baseball games and practices, subject to Legal Department review and that the agreement provides for waiving the electricity (light consumption) fees and the alcohol beverage license fee for the 2014 season only and allow the consumption of beer/wine during the Gate City Grays Baseball games, as Bill Derham Memorial Field is not specifically identified in City Code 12.36.060 as a park where consumption of such beverage is allowed; and b) an agreement with American Legion Baseball Association beginning May 1, 2014 through August 15, 2014 for scheduled games and practices, subject to Legal Department review and that the agreement will have an annual renewal license term and that the Association will pay for the electricity (light consumption) for the June and July billing period (less $500.00 for the 2014 season only) and that both Gate City Grays and American Legion Baseball Association will be required to: 1) provide liability insurance, naming the City as an additional insured; 2) be responsible for field maintenance; 3) cleaning of the facility; and 4) any damage resulting from their use. In response to a question from Council, Alan Green, Interim Parts and Recreation Director, stated he feels comfortable with the proposed agreements. He added that cooperation of all parties is essential and he will bring the teams together to discuss issues as they develop. Mrs. Nye’s motion was voted upon at this time. Upon roll call, those voting in favor were Nye, Orr, Brown, Johnston and Moore. AGENDA ITEM NO. 12: Council was asked to declare the following Police Department DECLARATION OF vehicles as surplus and authorize them to be sent to the May 10, SURPLUS PROPERTY 2014 City Auction: -CITY AUCTION a) 1998 Chevrolet Blazer b) 2007 Ford Crown Victoria The vehicles are not needed by any other department within the City. A motion was made by Mr. Moore, seconded by Mr. Brown, to declare the following Police Department vehicles as surplus and authorize them to be sent to the May 10, 2014 City Auction: a) 1998 Chevrolet Blazer; and b) 2007 Ford Crown Victoria. Upon roll call, those voting in favor were Moore, Brown, Johnston, Nye and Orr. AGENDA ITEM NO. 13: Council was asked to consider the following ordinance: REGULAR CITY COUNCIL MEETING 8 MAY 1, 2014 ORDINANCE NUISANCES (a) An ordinance enacting a new Chapter 8.14 “Nuisances” as well as establishing a fee(s) and fine(s) as outlined in the chapter; and repealing Chapter 8.12 Sections 8.16.050 and 8.16.060; Chapter 8.24 and Chapter 12.32 of the Pocatello Municipal Code. In response to a question from Council, Dean Tranmer, City Attorney, stated City ordinances are subject to amendments by the City Council. A motion was made by Mrs. Nye, seconded by Mr. Orr, that the ordinance, Agenda Item 13, 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, Orr, Brown, Johnston and Moore. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance enacting a new Chapter 8.14 “Nuisances” as well as establishing a fee(s) and fine(s) as outlined in the chapter; and repealing Chapter 8.12 Section 8.16.050 and 8.16.060; Chapter 8.24 and Chapter 12.32 of the Pocatello Municipal Code. Mayor Blad asked “Shall the ordinance pass?” Upon roll call, those voting in favor were Brown, Johnston, Moore, Nye and Orr. Mayor Blad declared the ordinance and summary sheet passed, that it be numbered 2932 and be submitted to the Idaho State Journal for publication. There being no further business, Mayor Blad adjourned the meeting at 7:55 p.m. APPROVED BY: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: REGULAR CITY COUNCIL MEETING 9 MAY 1, 2014 KONNI R. KENDELL, DEPUTY CITY CLERK