City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2015 CLARIFICATION The City Council Agenda Clarification Meeting was called to order MEETING at 5:35 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 arrived at 5:38 p.m. 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 to order at 6:04 p.m. ROLL CALL AND by Mayor Brian Blad. Council members present were Steve Brown, PLEDGE OF Craig Cooper, Jim Johnston, Gary Moore, Eva Johnson ALLEGIANCE Nye and Michael L. Orr. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was given by President Ken Bernt, Church of Jesus INVOCATION Christ of Latter-Day Saints. AGENDA ITEM NO. 3: Council was asked to consider the following business items: CONSENT AGENDA -MINUTES (a) Waive the oral reading of the minutes and approve the minutes from the February 5, 2015 Executive Session. -TREASURER’S (b) Treasurer’s Report for January, showing cash and investments as of REPORT January 31, 2015 in the amount of $31,736,672.05. . -COMMUNITY (c) Confirm the Mayor’s appointment of Samuel Perry to serve as a DEVELOPMENT member of the CDBG Advisory Committee, filling a long-term BLOCK GRANT (CDBG) vacancy. Mr. Perry’s term will begin February 20, 2015 and will ADVISORY COMMITTEE expire January 1, 2018. APPOINTMENT -FRIENDS OF THE (d) Confirm the Mayor’s reappointment of Evelyn Robinson to CEMETERY continue her service as a member of the Friends of the Cemetery COMMITTEE Committee. Ms. Robinson’s term will begin February 21, 2015 and REAPPOINTMENT will expire February 21, 2017. -PARKS AND (e) Confirm the Mayor’s reappointment of Mike Standley to continue RECREATION his service as a member of the Parks and Recreation Advisory ADVISORY BOARD Board. Mr. Standley’s term will begin February 20, 2015 and will REAPPOINTMENT expire February 20, 2017. REGULAR CITY COUNCIL MEETING 2 FEBRUARY 19, 2015 -ANNEXATION (f) Approve and authorize the Mayor to execute the Real Covenant and AGREEMENT Annexation Agreement between the City and Pocatello Creek -POCATELLO CREEK Development Company, Owner, and Satterfield Realty and DEVELOPMENT CO. AND Development, Inc., Developer, which delineates the terms and SATTERFIELD REALTY conditions for the annexation of approximately 25.45 acres of land AND DEVELOPMENT, INC. situated east of Andrew Street and south of Owyhee Street. The terms and conditions include, but are not limited to, the developer receiving a “wet water” credit for up to 135 residential lots to be applied to the number of residential lots in this development if developer chooses to use credits in this subdivision pursuant to the Council’s Decision dated February 5, 2015. Developer will be required to pay the costs of water delivery infrastructure for this development and other normal costs associated with subdivision development. This land was recently annexed by the City under Ordinance 2935. -AGREEMENT (g) Approve and authorize the execution of an Agreement with -INTERMOUNTAIN Intermountain Claims (IC), the City’s adjustment firm that handles CLAIMS the administration of Workers’ Compensation claims. IC will provide adjusting services for up to 85 claims per year for the sum of $3,670.00 per month. IC will be paid $442.00 for each additional new claim that is filed over the threshold total of 85 claims per year. The term of this contract is for three (3) years effective January 1, 2015. However, it can be terminated by either party upon giving 90 days’ prior written notice. -MOU-INTERNET (h) Approve a Memorandum of Understanding (MOU) between the CRIMES AGAINST City of Pocatello and various agencies in the State of Idaho. The CHILDREN TASK FORCE MOU would allow the Pocatello Police Department to continue participation in the Idaho Internet Crimes Against Children Task Force. -COUNCIL DECISION (i) Adopt the Council’s decision to grant Prime Time Auctions, Inc.’s -PRIME TIME request to vacate .51 acres (more or less) of Roper Street and .99 AUCTIONS, INC. acres (more or less) of Velton Avenue; more specifically a portion of VACATION OF the Velton Avenue right-of-way adjacent to portions of Lots 3-5, RIGHT OF WAY Block 1, Sunset Subdivision and adjacent to Block 1 and Block 2, Roper Subdivision and unplatted Parcel Identification Numbers RPCPP132100 and RPCPP132400, and grant conveyance of said vacated right-of-ways in their entirety to the adjoining property owner, Prime Time Auctions, Inc. subject to conditions. Pursuant to a 2006 Appraisal of the properties, it was determined there is not value to the land being requested to be vacated which obviates Resolution 1999-34’s requirement for payment to the City for the vacated land. -COUNCIL DECISION (j) Adopt the Council’s decision to grant Prime Time Auctions, Inc. the –PRIME TIME Owners and Developers, its request for approval of the final short AUCTIONS, INC., plat for the Prime Time Subdivision, subject to conditions. The FINAL SHORT PLAT proposed plat is for a three (3) lot subdivision, encompassing 8.30 acres (more or less), zoned Commercial General, and is a replat of a portion of Sunset Subdivision, Block 1 and a portion of Roper Subdivision, Blocks 1 and 2. Lots 1 and 2 will have frontage on and be accessed via South 5th Avenue. Lot 3 will have access via a new cul-de- sac at the end of Velton Avenue which would be constructed by the Developer and dedicated to the City with the final plat map of Prime Time Subdivision. A motion was made by Mr. Johnston, seconded by Mr. Cooper, to approve the items on the consent agenda. Upon roll call, those voting in favor were Johnston, Cooper, Brown, Moore, Nye and Orr. REGULAR CITY COUNCIL MEETING 3 FEBRUARY 19, 2015 AGENDA ITEM NO. 4: Mayor Blad recognized boy scouts from Troop Nos. COMMUNICATIONS AND 777 and 129 in attendance. PROCLAMATIONS Mr. Moore, on behalf of Mayor Blad, proclaimed February 23, 2015 through March 1, 2015 as Clergy Appreciation Week in Pocatello and encouraged citizens to show appreciation and support for the clergy in the community. Representatives from Bannock Civitan Club and Friends Civitan Club, accepted the proclamation and thanked the Mayor and Council members for the recognition. AGENDA ITEM NO. 5: Mayor Blad reminded the Council of an Executive Session at 9:00 CALENDAR REVIEW a.m. on March 5th; the March 5th Regular City Council meeting at 6:00 p.m.; and the March 12th Study Session at 9:00 a.m. immediately followed by a Council working lunch, which will be followed by an Executive Session. Mayor Blad announced the Simplot Games would be held at Holt Arena February 19th through the 21st; Pocatello Zoo Volunteer Information Day will be held February 24th at 5:30 p.m. for individuals interested in volunteering at the Pocatello Zoo; and Animal Services Department Grand Open House would be held March 4th from 11:00 a.m. to 7:00 p.m. A ribbon cutting will take place at 11:00 a.m. followed by tours, door prizes and refreshments. Transportation to the event will be provided on the Pocatello Regional Transit H-Route for those who don’t want to drive, as parking will be limited. AGENDA ITEM NO. 6: Margaret R. Arment was present to appeal the decision of Police TAXI LICENSE Department staff which denied Ms. Arment a taxi license. DENIAL APPEAL -ARMENT Sergeant Tim Dillon, Police Department Support Services, stated that Ms. Arment was charged on two separate occasions in December 2014 for selling marijuana to a confidential informant. He added that she had been charged, but not convicted, and that her court appearance on the charges would be at a later date. In response to a question from Council, Mr. Dillon stated that in 2014, Ms. Arment was found guilty of driving a taxi without a taxi license. Margaret Arment, 765 Randolph Avenue, stated she has been driving a taxicab for two years and added that she pled not guilty to the December 2014 charges against her. In response to questions from Council, Ms. Arment added that her upcoming court dates would be April 20, 2015 and May 5, 2015. She stated that driving a taxi is her main source of income and she is working temporarily at Mountain West Research. In response to questions from Council, Mr. Dillon clarified that taxicab violation citations are cited upon an individual rather than a company. He stated that City Code states that a taxi license can be denied if an individual is convicted of certain crimes. A motion was made by Mr. Moore, seconded by Mrs. Nye, to overturn the decision of the Police Department and approve a taxi license for Margaret Arment. In response to a question from Council, Mr. Dillon clarified that a taxi license is not typically automatically revoked after being convicted of a crime. He stated a conviction is usually discovered during the renewal process. REGULAR CITY COUNCIL MEETING 4 FEBRUARY 19, 2015 Mr. Moore’s motion was voted upon at this time. Upon roll call, those voting in favor were Moore and Nye. Brown, Cooper, Johnston and Orr voted in opposition to the motion. The motion failed. A motion was made by Mr. Orr, seconded by Mr. Cooper, to overturn the decision of the Police Department and approve a taxi license for Margaret Arment with the condition that if she is found guilty of the charges now pending, Ms. Arment will immediately surrender her taxi license. Officer Dillon clarified that Ms. Arment had previously been issued a taxi license, which expired and her renewal was denied because of pending charges. Mr. Orr’s motion was voted upon at this time. Upon roll call, those voting in favor were Orr, Cooper, Brown, Johnston, Moore and Nye. AGENDA ITEM NO. 7 This time was set aside for the Council to receive comments from PUBLIC HEARING the public regarding the proposed Comprehensive Plan update. At -COMPREHENSIVE their meeting on January 28, 2015 the Planning and Zoning PLAN UPDATE Commission recommended approval of the Plan. Mayor Blad opened the public hearing. Lon Crowell, Planning and Development Services Director, stated Idaho Code requires the Comprehensive Plan to be updated every 5 to 10 years to serve as a flexible and useful tool by Cities. He added that the lengthy process of updating the Plan began in 2012 and has included 14 public work sessions, three open houses, two open houses held by Bannock Transportation Planning Organization, a public presentation to the City Council and one public hearing. Mr. Crowell highlighted that information included in the Plan was gathered through the 2010 Census data and various City surveys. He added that three new chapters were added as required by the State of Idaho. Dave Foster, Associate Planner, gave an overview of the reasons for updating the Plan and highlighted changes and clarifications included in the proposed Plan. Matt Lewis, Planning Manager, stated written comments have been received addressing water, hillside development and visual resources. He stated the proposed Plan covers goals, policies and tools to aid in long range planning efforts. Mayor Blad announced written correspondence in the form of five emails were received and given to the Council members. Fred Davies, 2540 Woodhill Way, spoke in support of the proposal and feels the Plan is all inclusive and understandable. He commended City staff members for their tremendous effort in compilation and presentation of the Comp Plan. Tim Norton, 240 Valleyview Drive, stated he is part of the Portneuf Resource Council and spoke in support of the proposal. He encouraged enhanced protection of natural resources, such as hillsides and water. Sue Skinner, 1614 South Fairway Drive, stated she is also part of the Portneuf Resource Council and spoke in support of the proposal. She feels it is very important to have plans and agreements in place to REGULAR CITY COUNCIL MEETING 5 FEBRUARY 19, 2015 protect natural resources and leave a legacy for upcoming generations. Ms. Skinner emphasized her support for “putting water first” regarding the Comprehensive Plan. Linda Leeuwrik, 835 East Halliday Street, serves as secretary for Portneuf Resource Council and spoke in support of the proposal. She encouraged the Council to add statements to the Plan to specifically address water protection and water security. Idaho Lorax, Pocatello resident, spoke uncommitted on the proposal. He stated he is in support of much of the plan but feels the plan could address cleanup and containment issues more adequately. Niki Taysom, 4604 Burley Drive, Chubbuck, spoke in opposition to the proposal. She stated she approves of water protection and self-reliance but is opposed to development that could cause a negative impact on citizens and the community. There being no further public comments, Mayor Blad closed the public hearing. A motion was made by Mr. Cooper, seconded by Mr. Orr, to adopt the Comprehensive Plan and instruct staff to prepare a resolution for adoption at the March 5, 2015 regular City Council meeting. Council discussion and clarification took place regarding suggested language by the Portneuf Resource Council, Area of Impact issues and aquifer and watershed protection. Mr. Cooper’s motion was voted upon at this time. Upon roll call, those voting in favor were Cooper, Orr, Brown, Johnston, Moore and Nye. Mrs. Nye clarified that although she voted to adopt the Comprehensive Plan, she was not sure why the suggested statement by the Portneuf Resource Council would not be included. Mr. Moore stated that he feels that the inclusion of the proposed statement would not make a significant impact on the document, as the subject of water has already been addressed numerous times throughout the plan. AGENDA ITEM NO. 8: Council was asked to accept the recommendation of Public Works SOLE SOURCE staff regarding the sole source services of NKD Technologies for DECLARATIONS AND the Airport Water Tank and Booster Station; as well as installation EXPENDITURES-NKD and programming of the Supervisory Control and Data Acquisition TECHNOLOGIES, LLC (SCADA) instrumentation, subject to Legal Department review. Staff recommended using the sole source services due to NKD Technologies has worked on the City Water SCADA implementation and system programming for the past ten (10) years. A motion was made by Mr. Johnston, seconded by Mr. Cooper, to accept the recommendation of Public Works staff regarding the sole source services of NKD Technologies for the Airport Water Tank and Booster Station, as well as installation and programming of the Supervisory Control and Data Acquisition (SCADA) instrumentation, subject to Legal Department review. Upon roll call, those voting in favor were Johnston, Cooper, Brown, Moore, Nye and Orr. REGULAR CITY COUNCIL MEETING 6 FEBRUARY 19, 2015 AGENDA ITEM NO. 9: Council was asked to consider bids received on January 29, 2015 for 2015 WATER materials used by the Water Department for capital improvement DEPARTMENT projects and replenishing inventory. Staff requests that Council MATERIALS BID award each lot to the lowest responsive bidder as follows: FERGUSON a) Lot Five ($1,826.00) and Lot Seven ($2,735.70); WATERWORKS HD SUPPLY b) Lot One ($159,369.92), Lot Two ($14,195.82), Lot Four ($1,006.60), WATERWORKS Lot Six ($2,371.71), Lot Eight ($2,785.92), Lot Nine ($32,862.49) and Lot Ten ($4,825.10); and HD FOWLER c) Lot Three ($29,659.00) and Lot Eleven ($264,660.00). COMPANY Funds are available in the Water Department Fiscal Year 2015 budget to cover the expense. A motion was made by Mr. Moore, seconded by Mrs. Nye, to accept the bids received on January 29, 2015 for materials used by the Water Department for capital improvement projects and replenishing inventory and award each lot to the lowest responsive bidder as outlined in Agenda Item No. 9(a) through 9(c). Upon roll call, those voting in favor were Moore, Nye, Brown, Cooper, Johnston and Orr. AGENDA ITEM NO. 10: Council was asked to accept the recommendations from Street 2015 SLURRY SURFACE Operations staff and approve piggy backing the 2011, 2012, 2013 PIGGY BACK BID and 2014 bid price of $1.36 per square yard in-place Slurry Surface -STREET Product. The intention is to cover 210,000 square yards for a total of approximately $285,600.00. Valley Slurry has agreed to allow the piggy back purchase. The Council was also asked to authorize the Mayor to sign any necessary contract documents related to the purchase. A motion was made by Mr. Brown, seconded by Mr. Orr, to accept the recommendations from Street Operations staff and approve piggy backing the 2011, 2012, 2013 and 2014 bid price of $1.36 per square yard in-place Slurry Surface Product to cover 210 square yards for a total of approximately $285,600.00 and authorize the Mayor to sign any necessary contract documents related to the purchase. Upon roll call, those voting in favor were Brown, Orr, Cooper, Johnston, Moore and Nye. AGENDA ITEM NO. 11: Council was asked to accept the recommendation of Street SOLE SOURCE Operations staff and declare the purchase of services from IMS for DECLARATION AND pavement/asset data collection to be a valid sole source expenditure EXPENDITURES and authorize the Mayor to sign any documents related to the -INFRASTRUCTURE request. IMS is the only approved automated data collection partner MANAGEMENT for Lucity, which is the Asset Management software used by the SERVICES (IMS) Street Operations Department. The purchase price of $119,389.00 will be shared between Public Works and Street Operations’ Fiscal Year 2015 budgets. In response to questions from Council, Tom Kirkman, Street Operations Superintendent, stated that the purchase of services from IMS would include comprehensive data collection for road conditions, right- of-way, signage, ADA ramps and other necessary information. He added that the current information is REGULAR CITY COUNCIL MEETING 7 FEBRUARY 19, 2015 very outdated and subject to many variables. Mr. Kirkman stated that the proposed data collection would allow Street Operations crews to properly treat road conditions based upon scientific data, spend funding effectively and perform functions more efficiently. A motion was made by Mr. Moore, seconded by Mr. Brown, to accept the recommendation of Street Operations staff and declare the purchase of services from Infrastructure Management Services (IMS) for pavement/asset data collection to be a valid sole source expenditure and authorize the Mayor to sign any documents related to the request and that the purchase price will be $119,389.00. Upon roll call, those voting in favor were Moore, Brown, Cooper, Johnston, Nye and Orr. AGENDA ITEM NO. 12: Council was asked to accept the recommendations of Street LATEX EMULSION Operations staff and approve the purchase of GSB-88 1:1 + Latex PURCHASE-STREET Emulsion from Asphalt Systems, Inc. for the City’s 2015 Summer OPERATIONS Paving Program and authorize the Mayor to sign documents related to the purchase. The product is a trademarked material that no other company makes and therefore, it is impractical/impossible to obtain three bids. The amount requested is 210 tons at $626.00 per ton, for a total purchase price of $131,460.00 (F.O.B. Salt Lake City, Utah). A motion was made by Mr. Moore, seconded by Mr. Johnston, to accept the recommendations of Street Operations staff and approve the purchase of GSB-88 1:1 + Latex Emulsion from Asphalt Systems, Inc. for the City’s 2015 Summer Paving Program and authorize the Mayor to sign documents related to the purchase and that the amount will be 210 tons at $626.00 per ton, for a total purchase price of $131,460.00 (F.O.B. Salt Lake City, Utah). Upon roll call, those voting in favor were Moore, Johnston, Brown, Cooper, Nye and Orr. AGENDA ITEM NO. 13: Council was asked to accept a donation in lieu of cash for the OLD ANIMAL SHELTER demolition of the old animal shelter building and authorize the BUILDING DEMOLITION Mayor to sign the donated service agreement. The donation has -DONATED SERVICE been offered by Joe Reams and Jared Lusk, Construction Services, AGREEMENT Inc. A motion was made by Mrs. Nye, seconded by Mr. Johnston, to accept a donation in lieu of cash for the demolition of the old animal shelter building and authorize the Mayor to sign the donated service agreement as offered by Joe Reams and Jared Lusk, Construction Services, Inc. Upon roll call, those voting in favor were Nye, Johnston, Brown, Cooper, Moore and Orr. AGENDA ITEM NO. 14: Council was asked to approve and authorize the Mayor to sign a AIRPORT CONSENT Consent to Lease Assignment for the lease agreement between the TO LEASE ASSIGNMENT City and Mike Marquette and Randy Kautzsch. Mr. Marquette -MARQUETTE/KAUTZSCH would like to assign his rights under the lease to Mr. Jon Stoner. The assignment will not change any terms or conditions of the existing lease agreement. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve and authorize the Mayor to sign a Consent to Lease Assignment for the lease agreement between the City and Mike Marquette and Randy Kautzsch assigning Mr. Marquette’s rights under the lease to Mr. Jon Stoner and the assignment will not REGULAR CITY COUNCIL MEETING 8 FEBRUARY 19, 2015 change any terms or conditions of the existing lease agreement. Upon roll call, those voting in favor were Moore, Nye, Brown, Cooper, Johnston and Orr. AGENDA ITEM NO. 15: Council was asked to consider approving a one-year cleaning VANGUARD contract with Vanguard Cleaning Systems in the amount of CLEANING SYSTEMS $1,995.00 per month to clean the Community Recreation Center CONTRACT (CRC). This monthly fee covers both cleaning services and cleaning –COMMUNITY supplies. CRC will continue to provide all toiletries, liners and paper RECREATION CENTER supplies. Funds are available in CRC’s Fiscal Year 2015 budget. A motion was made by Mr. Johnston, seconded by Mr. Orr, to approve a one-year cleaning contract with Vanguard Cleaning Systems in the amount of $1,995.00 per month to clean the Community Recreation Center (CRC) and that the monthly fee will cover cleaning services and cleaning supplies and that CRC will continue to provide all toiletries, liners and paper supplies. Upon roll call, those voting in favor were Johnston, Orr, Brown, Cooper, Moore and Nye. AGENDA ITEM NO. 16: Council was asked to consider the following ordinances: ORDINANCES -VACATION OF a) Council was asked to adopt an ordinance vacating the public’s PORTION OF interest in Rocky Point Road, a portion of the deeded right-of-way, ROCKY POINT ROAD more specifically located between 650 Rocky Point Road and 1867 Lupine Drive, encompassing approximately 0.083 acres, and grant conveyance of said vacated right-of-way in its entirety (a 40-foot wide storm water easement will be retained over the vacated right-of-way to protect an existing storm water line) to the adjoining property side thereof, subject to conditions. Said vacation was approved by Council Decision dated February 5, 2015 and all conditions contained therein have been met. This Ordinance was prepared for reading under the rules of suspension. A motion was made by Mrs. Nye, seconded by Mr. Johnston, that the Ordinance, Agenda Item 16(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 Nye, Johnston, Brown, Cooper, Moore and Orr. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance vacating the public’s interest in Rocky Point Road, a portion of the deeded right-of-way, more specifically located between 650 Rocky Point Road and 1867 Lupine Drive, encompassing approximately 0.083 acres, and granting conveyance of said vacated right-of-way in its entirety (a 40-foot wide storm water easement to be retained over the vacated right-of-way to protect an existing storm water line) to the adjoining property side thereof, subject to conditions. Mayor Blad asked, “Shall the ordinance pass?” Upon roll call, those voting in favor were Brown, Cooper, Johnston, Moore, Nye and Orr. Mayor Blad declared the ordinance and summary sheet passed, that it be numbered 2942 and be submitted to the Idaho State Journal for publication. REGULAR CITY COUNCIL MEETING 9 FEBRUARY 19, 2015 -AMENDMENT b) Council was asked to adopt an ordinance amending several sections TO CHAPTER 10.16 of Chapter 10.16 Speed Regulations, specifically removing school SCHOOL ZONE zone regulations in areas where school zones no longer exist; SPEED REGULATIONS modifying school zone locations to reflect the accurate school zone regulation areas; and to reduce the speed limit on South Grant Avenue. This Ordinance was prepared for reading under the rules of suspension. A motion was made by Mrs. Nye, seconded by Mr. Moore, that the Ordinance, Agenda Item 16(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 Nye, 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 several sections of Chapter 10.16 Speed Regulations, specifically removing school zone regulations in areas where school zones no longer exist; modifying school zone locations to reflect the accurate school zone regulation area; and to reduce the speed limit on South Grant Avenue. Mayor Blad asked, “Shall the ordinance pass?” Upon roll call, those voting in favor were Brown, Cooper, Johnston, Moore, Nye and Orr. Mayor Blad declared the ordinance and summary sheet passed, that it be numbered 2943 and be submitted to the Idaho State Journal for publication. AGENDA ITEM NO. 17: Idaho Lorax, Pocatello resident, shared information regarding DISCUSSION ITEMS upcoming community cleanup events surrounding Earth Day. Niki Taysom, 4604 Burley Drive, Chubbuck, shared her concerns regarding first amendment rights and protection of children. There being no further business, Mayor Blad adjourned the meeting at 7:58 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK