City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING APRIL 2, 2015 CLARIFICATION The City Council Agenda Clarification Meeting was called to order MEETING at 5:38 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 to order at 6:02 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 Nye and ALLEGIANCE Michael L. Orr. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was offered by Ed Axford, representing the Church INVOCATION of Jesus 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 March 12, 2015 Study Session. -PAYROLL AND (b) Payroll and material claims for the month of March 2015 in the MATERIAL CLAIMS amount of $5,330,823.03. -HUMAN RELATIONS (c) Confirm the Mayor’s appointment of Terry Brooks to serve as a ADVISORY member of the Human Relations Advisory Committee, replacing COMMITTEE Jana Rhoads Godfrey who resigned. Mr. Brooks’ term will begin APPOINTMENT April 2, 2015 and will expire March 22, 2016. -USE AGREEMENT (d) Approve a Use Agreement with Pocatello Lacrosse Club to allow POCATELLO their use of O.K. Ward Park for their high school and youth lacrosse LACROSSE CLUB programs, subject to Legal Department review. The agreement allows the use of the park for scheduled games during the months of April, May and June 2015. Pocatello Lacrosse Club will be responsible for any damages incurred by their use, pay applicable fees, and provide liability insurance, naming the City as an additional insured. -USE AGREEMENT (e) Consider a Use Agreement, subject to Legal Department review, POCATELLO with Corey Wight, dba Pocatello Pedal Fest, for use of a portion of PEDAL FEST the City Creek Management Area for the event. The trail race will be held on June 13, 2015 with course set up on June 12, 2015. Mr. Wight will be charged $50.00 for the use, will be responsible for set up and cleaning of the area after the event, any damages and any additional costs incurred by the City as a result of the event, and will be required to provide liability insurance, naming the City as an additional insured. The agreement is similar to previous agreements for this event. REGULAR CITY COUNCIL MEETING 2 APRIL 2, 2015 -USE AGREEMENT (f) Consider a Use Agreement, subject to Legal Department review, -SCOUT MOUNTAIN with Luke Nelson, dba Scout Mountain Ultra Trail Run, for use of a ULTRA TRAIL RUN portion of the City Creek Management Area for the event. The trail race will be held June 6, 2015 with course set up on June 5, 2015. Mr. Nelson will be charged $50.00 for the use, will be responsible for set up and cleaning of the area after the event, any damages and any additional costs incurred by the City as a result of the event, and will be required to provide liability insurance, naming the City as an additional insured. The agreement is similar to previous agreements for this event. -CONCESSION (g) Approve the following agreements between the City of Pocatello AGREEMENTS and Fore Golf, Inc. to provide concessions for games played during –FORE GOLF, INC both league play and for any tournaments. The City will receive 25 percent 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: 1) OK WARD PARK Operate concessions in the Softball Complex area May 1, 2015 SOFTBALL COMPLEX through October 31, 2015; and 2) NOP PARK SOFTBALL Operate concessions in the Softball and Baseball Complex areas AND BASEBALL May 1, 2015 through October 31, 2015. COMPLEX A motion was made by Mr. Moore, seconded by Mr. Johnston, to approve the items on the consent agenda. Upon roll call, those voting in favor were Moore, Johnston, Brown, Cooper, Nye and Orr. AGENDA ITEM NO. 4: Mr. Johnston, on behalf of Mayor Blad, proclaimed April 2015 COMMUNICATIONS to be Civitan Awareness Month in Pocatello and encouraged AND PROCLAMATIONS residents to actively support this international service organization. Teresa Wakeman and Neil Tocher, representatives of local Civitan groups, thanked the Mayor and Council for the Proclamation and announced upcoming Civitan-sponsored events. Mr. Brown, on behalf of Mayor Blad, proclaimed April 2015 to be Fair Housing Month in Pocatello and urged citizens and businesses to increase their awareness of the Federal Fair Housing Act. Stephanie Heaton, Community Development Block Grant Committee Chair, accepted the proclamation from Mayor Blad and thanked the Council for their support. Dan Marley, 1025 Levine, recounted an experience regarding Mr. Orr and presented a silver dollar to Mr. Orr. AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the April 9th Study Session at CALENDAR REVIEW 9:00 a.m. immediately followed by Council working lunch; and the April 16th Regular City Council meeting at 6:00 p.m. Mayor Blad announced a “Geek Trivia Contest” will be held at 2:30 p.m. at CoHo, 904 South 4th Avenue, contact the Library for more information; Citizen Police Academy will take place April 14th through May 26th, 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. REGULAR CITY COUNCIL MEETING 3 APRIL 2, 2015 AGENDA ITEM NO. 6: Jason Griffith was present to appeal the decision of Police TAXI LICENSE Department staff which denied Mr. Griffith a Taxi Cab License. APPEAL – GRIFFITH Sergeant Tim Dillon, Police Department Support Services, gave an overview of the circumstances which required Police Department staff to deny Mr. Griffith’s taxi cab license. He stated charges stemming from an incident in July 2014 led to Mr. Griffith’s disqualification for a license. Mr. Dillon stated Mr. Griffith was charged with aggravated assault and was ordered to receive treatment for mental health issues. He added that drug possession charges were later added. Jason Griffith, 494 Raymond Way, Chubbuck, stated some of the charges in the July 2014 had been dismissed and he is eager to start working. He stated he has an employment offer from Sam’s Taxi, upon approval of a City taxi license. In response to questions from Council, Mr. Griffith stated he suffered from depression at the time of the incident and was sent to a Behavior Health Center for a 3-day treatment. He added that he was not able to obtain further professional help, as he does not have health insurance. Mr. Griffith stated he received a withheld judgement regarding the drug charges. He added that he is not currently receiving any counseling and is not taking medication for depression. In response to questions from Council, Josh Graves, 408 North 13th Avenue, stated he is a manager and co-owner of Sam’s Taxi. He feels Mr. Griffith would be a valuable employee and an asset to the taxi business. He stated he has known Mr. Griffith for about four months and feels comfortable supporting his application for a taxi license. Mr. Brown expressed his appreciation and courage shown by Mr. Griffith to take steps to become a valuable, working member of the community. He voiced his concern regarding Mr. Griffith’s lack of ongoing treatment to help him cope with difficult issues. A motion was made by Mr. Johnston, seconded by Mr. Cooper, to uphold the decision of the Police Department and deny Mr. Griffith’s appeal for a Taxi Cab License. Members of the Council urged Mr. Griffith to seek professional help for his ongoing issues and stated that he may reapply at a later date, if he chooses. Mr. Johnston’s motion was voted upon at this time. Upon roll call, those voting in favor were Johnston, Cooper, Brown, Moore, Nye and Orr. AGENDA ITEM NO. 7: Council was asked to consider granting a beer/wine permit to Corey BEER/WINE PERMIT Wight (mailing address: 2720 Bannock Highway, Pocatello, ID APPLICATION – PEDAL 83204) at Centennial Park on June 13, 2015 from 11:00 a.m. to 10:00 FEST EVENT p.m. Mr. Wight has submitted an application to the City to allow the consumption of beer and wine at the park in conjunction with the Pedal Fest bike race event at City Creek recreation area. Approval by Council is necessary since Centennial Park is not specifically identified in City Code 12.36.060 where the consumption of such beverages is allowed. In response to questions from Council, Dean Tranmer, City Attorney, stated the City parks which are identified in City Code 12.36.060 allowing consumption of alcohol were determined by the City Parks and Recreation Director, in conjunction with the Parks and Recreation Advisory Board. He stated those parks were considered because of the size of the accommodations available, while keeping the safety of REGULAR CITY COUNCIL MEETING 4 APRIL 2, 2015 citizens in mind. Mr. Tranmer stated the code was established many years ago, and could be revisited at any time. A motion was made by Mrs. Nye, seconded by Mr. Brown, to approve an application by Corey Wight and approve an exception to City Code 12.36.060 to grant a beer/wine permit and allow the consumption of beer and wine at Centennial Park on June 13, 2015 from 11:00 a.m. to 10:00 p.m. in conjunction with the Pedal Fest bike race event at City Creek recreation area. Upon roll call, those voting in favor were Nye, Brown, Cooper, Johnston, Moore and Orr. AGENDA ITEM NO. 8: Council was asked to consider granting a beer/wine permit to BEER/WINE PERMIT Denise Chatterton (mailing address: 357 Franklin Lane, Pocatello, APPLICATION ID 83201) for Jim Chatterton’s 80th Birthday Celebration at Alameda –CHATTERTON Park on June 13, 2015 from 12:00 p.m. to 5:00 p.m. Ms. Chatterton has submitted an application to the City to allow the consumption of beer and wine at the event. Approval by Council is necessary since Alameda Park is not specifically identified in City Code 12.36.060 where the consumption of such beverages is allowed. A motion was made by Mr. Moore, seconded by Mr. Orr, to approve an application by Denise Chatterton and approve an exception to City Code 12.36.060 to grant a beer/wine permit and allow the consumption of beer and wine at Alameda Park on June 13, 2015 from 12:00 p.m. to 5:00 p.m. in conjunction with Jim Chatterton’s 80th Birthday Celebration. Upon roll call, those voting in favor were Moore, Orr, Brown, Cooper, Johnston and Nye. AGENDA ITEM NO. 9: Council was asked to authorize the Mayor to accept a proposal with PROPOSAL Adams Construction, in the amount of $8,372.00 to construct one ACCEPTANCE-ADAMS enclosed office space with other finish work within the Finance CONSTRUCTION Department. The work shall commence on April 3, 2015 and shall be completed by May 1, 2015. Fund 300 has budget authority for this expenditure. A motion was made by Mr. Johnston, seconded by Mr. Cooper, to accept a proposal with Adams Construction, in the amount of $8,372.00 to construct one enclosed office space with other finish work within the Finance Department and that the work shall commence on April 3, 2015 and shall be completed by May 1, 2015. Upon roll call, those voting in favor were Johnston, Cooper, Brown, Moore, Nye and Orr. AGENDA ITEM NO. 10: Council was asked to accept staff recommendation and approve the FEDERAL COOPERATIVE 5 year Cooperative Fire Protection Agreement with the local districts FIRE PROTECTION of the Bureau of Land Management (BLM) and the US Forest AGREEMENT Service (USFS), subject to Legal Department review. This long- standing agreement allows for federal and local agency cooperation in the prevention, detection and suppression of wildland fires within the protection areas of parties signatory to the agreement. A motion was made by Mr. Moore, seconded by Mr. Brown, to accept staff recommendation and approve the 5 year Cooperative Fire Protection Agreement with the local districts of the Bureau of Land Management (BLM) and the US Forest Service (USFS), subject to Legal Department review. Upon roll call, those voting in favor were Moore, Brown, Cooper, Johnston, Nye and Orr. REGULAR CITY COUNCIL MEETING 5 APRIL 2, 2015 AGENDA ITEM NO. 11: Council was asked to approve an agreement for $114,800.00 PROFESSIONAL between the City and Murray Smith & Associates (MSA) to develop SERVICES AGREEMENT a stormwater model for the City. Funds for this project are –MURRAY SMITH & budgeted within the Science and Environment Division. ASSOCIATES A motion was made by Mr. Johnston, seconded by Mrs. Nye, to approve an agreement for $114,800.00 with Murray Smith & Associates (MSA) to develop a stormwater model for the City, subject to Legal Department review. Upon roll call, those voting in favor were Johnston, Nye, Brown, Cooper and Moore. Mr. Orr voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 12: Council was asked to accept the recommendations of staff regarding ANIMAL SHELTER the Animal Shelter landscaping project as follows: LANDSCAPING PROJECT BID ACCEPTANCE a) Accept the lowest responsive bid received on March 13, 2015 from -ARMSTRONG Armstrong Sprinkler and Landscaping, LLC, in the amount of SPRINKLER AND $27,159.00 and, if the bid is accepted; LANDSCAPING, LLC AGREEMENT b) Authorize the Mayor’s execution of an Agreement between the City –ARMSTRONG of Pocatello and Armstrong Sprinkler and Landscaping, LLC, in the SPRINKLER AND amount of $27,159.00, for the Animal Shelter landscaping, subject to LANDSCAPING, LLC Legal Department review. Funds are available in the Parks Department budget to cover the contract amount with the potential for reimbursement through grants and donations. A motion was made by Mrs. Nye, seconded by Mr. Johnston, to a) accept the lowest responsive bid received on March 13, 2015 from Armstrong Sprinkler and Landscaping LLC, in the amount of $27,159.00; and b) authorize the Mayor’s execution of an Agreement between the City of Pocatello and Armstrong Sprinkler and Landscaping, LLC, in the amount of $27,159.00 for the Animal Shelter landscaping, subject to Legal Department review. Upon roll call, those voting in favor were Nye, Johnston, Brown, Cooper, Moore and Orr. AGENDA ITEM NO. 13: Council was asked to approve the agreement between the City of CONSULTING Pocatello and Utility Services Associates, LLC, for consulting AGREEMENT services associated with performing leak detection services. -UTILITY SERVICES ASSOCIATES, LLC A motion was made by Mr. Moore, seconded by Mr. Johnston, to approve an agreement between the City of Pocatello and Utility Services Associates, LLC, for consulting services associated with performing leak detection services. Upon roll call, those voting in favor were Moore, Johnston, Brown, Cooper, Nye and Orr. AGENDA ITEM NO. 14: Council was asked to approve and authorize the Mayor’s signature PROFESSIONAL on an agreement with American Electric, Inc. for electrical work SERVICES AGREEMENT associated with the installation of a backup generator for two (2) - AMERICAN water supply wells. The contract is not to exceed the amount of ELECTRIC, INC. $21,500.00. REGULAR CITY COUNCIL MEETING 6 APRIL 2, 2015 A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve and authorize the Mayor’s signature on an agreement with American Electric, Inc. for electrical work associated with the installation of a backup generator for two (2) water supply wells and that the contract will not exceed the amount of $21,500.00. Upon roll call, those voting in favor were Moore, Nye, Brown, Cooper, Johnston and Orr. AGENDA ITEM NO. 15: Council was asked to consider approval of a License Agreement for HALLIWELL PARK the 2015 baseball season with Gate City Grays Baseball for use of LICENSE AGREEMENT Halliwell Park’s Bill Derham Memorial Field from May 1, 2015 -GATE CITY GRAYS through August 31, 2015 for scheduled baseball games and practices, BASEBALL subject to Legal Department review. The agreement provides for waiving the electricity (light consumption) fees and the alcohol beverage license fee for the 2015 season. Grays Baseball shall provide the required liability insurance, naming the City as an additional insured. They will also be responsible for field maintenance, cleaning the facilities and any damage resulting from their use. Council was also asked to consider allowing consumption of beer/wine during the Gate City Grays Baseball games, since Bill Derham Memorial Field is not specifically identified in City Code 12.36.060 as a park where consumption of such beverages is allowed. In response to questions from Council, Terry and Erica Frederickson, 33 Riverside Drive, owners of the Gate City Grays, stated the baseball season is beginning with recruiting and should be another successful year. Mr. Frederickson stated that Pocatello received an award for “Best Fans” in the league, due to sold-out crowds at nearly every home game. He added that a Booster Club has been formed to help promote community participation. A motion was made by Mr. Johnston, seconded by Mr. Moore, to 1) approve a License Agreement for the 2015 baseball season with Gate City Grays Baseball for use of Halliwell Park’s Bill Derham Memorial Field from May 1, 2015 through August 31, 2015 for scheduled baseball games and practices, subject to Legal Department review; 2) waive the electricity (light consumption) fees and the alcohol beverage license fee for the 2015 season; 3) require that Grays Baseball shall provide the required liability insurance, naming the City as an additional insured, be responsible for field maintenance, cleaning the facilities and any damage resulting from their use; and 4) allow consumption of beer/wine during the Gate City Grays Baseball games, since Bill Derham Memorial Field is not specifically identified in City Code 12.36.060 as a park where consumption of such beverages is allowed. Upon roll call, those voting in favor were Johnston, Moore, Brown, Cooper, Nye and Orr. AGENDA ITEM NO. 16: Council was asked to adopt the following Resolutions: RECORDS a) A Resolution providing for the destruction of temporary records DESTRUCTION pursuant to Idaho Code §50-907 and the City’s Record Policy. REVISIONS TO b) A Resolution adopting the Revised 2012 Edition of the City of ISPWC-WATER Pocatello Standard Revisions to ISPWC, specifically Division 400, Water. Said revisions were presented at the Study Session on December 11, 2014 and provide culinary water construction standards for projects within the City and include the option to use C900 Polyvinyl Chloride (PVC) pipe material. A motion was made by Mr. Moore, seconded by Mr. Johnston, to a) adopt a Resolution (2015-03) providing for the destruction of temporary records pursuant to Idaho Code §50-907 and the City’s Record Policy; and b) adopt a Resolution (2015-04) adopting the Revised 2012 Edition of the City of REGULAR CITY COUNCIL MEETING 7 APRIL 2, 2015 Pocatello Standard Revisions to ISPWC, specifically Division 400, Water, that provides culinary water construction standards for projects within the City and include the option to use C900 Polyvinyl Chloride (PVC) pipe material. Mr. Johnston thanked the staff for the outstanding presentation regarding PVC pipe. Mr. Moore’s motion was voted upon at this time. Upon roll call, those voting in favor were Moore, Johnston, Brown, Cooper, Nye and Orr. AGENDA ITEM NO. 17: Don Aslett, McCammon resident, shared his support for the DISCUSSION ITEMS “Smoke Free Idaho” campaign and emphasized the need to reduce litter in the area. Idaho Lorax, Pocatello resident, shared his concerns regarding possible contaminants in the area. He remained silent for the last minute of his allotted speaking time. Niki Taysom, Chubbuck resident, shared her support for First Amendment rights and her opposition to the consumption of alcohol in public places. Sarah Jackson, 605 South 6th Avenue, shared her concerns regarding a notification she received from the Street Department requesting residents to trim trees in her neighborhood. She feels excessive trimming is not healthy for trees and requested that the area be reassessed for trimming requirements. In response to questions from Council, Ms. Jackson stated she feels maintenance efforts could be more effective if specific cleaning schedules were distributed to residents and if trimming requests were more specific. Council members gave suggestions for more effective communication between residents and the Street Department, such as posting cleaning schedules on Facebook and other social media; inviting Street Department personnel to neighborhood association meetings; and distribution of information to help residents choose appropriate plants and trees for the areas of their yards that border City streets. There being no further business, Mayor Blad adjourned the meeting at 7:16 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK REGULAR CITY COUNCIL MEETING 8 APRIL 2, 2015 PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK