City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL REGULAR CITY COUNCIL MEETING JULY 11, 2019 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 Heidi PLEDGE OF Adamson, Roger Bray, Rick Cheatum, Jim Johnston, Linda ALLEGIANCE Leeuwrik and Beena Mannan. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was offered by Art Beery, 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 7, 2019 City Council Liaison Meeting; May 16, 2019 Clarification meeting and Regular Council meeting; June 5, 2019 Joint Cities/Bannock County/School District No. 25 meeting; June 6, 2019 Budget Development meeting, Executive Session, Clarification meeting and Regular Council meeting; June 13, 2019 Work Session and Budget Development meeting; and the June 25, 2019 Special City Council meeting. -TREASURER’S (b) Consider the Treasurer’s Report for May showing cash and REPORT/ investments as of May 31, 2019 in the amount of $55,370,051.59; PAYROLL AND and consider payroll and material claims for the month of MATERIAL CLAIMS June 2019 in the amount of $ 5,501,309.22. In response to a questions from Council, Ashley Welsh, Deputy Chief Financial Officer, stated the lawsuit settlement funds would be taken from the General fund and would be separated into its own fund. She added that grants are very important to City operations, especially for Transit and Airport funds. -HUMAN RELATIONS (c) Confirm the Mayor’s appointment of Bill Downs to serve as a ADVISORY COMMITTEE member of the Human Relations Advisory Committee. Mr. Downs’ APPOINTMENT term will begin July 12, 2019 and will expire July 12, 2023. -PARKS AND (d) Confirm the Mayor’s reappointment of Judy Taylor to continue her RECREATION service as a member of the Parks and Recreation Advisory Board, ADVISORY COMMITTEE representing the Fort Hall Replica Commission. Ms. Taylor’s term REAPPOINTMENT will begin June 8, 2019 and will expire June 8, 2021. -RATIFICATION OF (e) Ratify Resolution No. 2019-05 which was necessary to update and RESOLUTION-ITD Idaho Transportation (ITD) Agreement. The deadline to update CURB RAMPS PROJECT curb locations as part of the project with ITD was due prior to the July 11, 2019 Council meeting. No other changes were made to the agreement. City Council approved the curb project on March 1, 2018. REGULAR CITY COUNCIL MEETING 2 JULY 11 2019 -COUNCIL DECISION (f) Adopt the Council’s decision to approve the annexation of a parcel -ANNEXING LAND of land comprised of approximately 75.32 acres owned by SOUTH OF NEVA ROAD McCormick Ranch, LLC. The parcel is located south of Neva Road AND WEST OF and west of Gathe Drive and will be zoned Residential Low Density GATHE DRIVE (RL) with a Comprehensive Plan designation of “Residential”. -COUNCIL DECISION (g) Adopt the Council’s decision approving the short plat for Lynda’s -LYNDA’S LOTS Lots Subdivision, which subdivides approximately .92 acres of land SUBDIVISION into three (3) lots, subject to conditions. The property is located at SHORT PLAT 1940 Bench Road. A motion was made by Mr. Johnston, seconded by Ms. Adamson, to approve the items on the consent agenda. Upon roll call, those voting in favor were Johnston, Adamson, Bray, Cheatum, Leeuwrik and Mannan. AGENDA ITEM NO. 4: Mayor Blad announced there were no communications COMMUNICATIONS or proclamations. AND PROCLAMATIONS Mayor Blad introduced Richard Bigelow, new Building Official in the audience. AGENDA ITEM NO. 5: Mayor Blad announced that the June 18th Council Liaison/Work CALENDAR REVIEW Session has been canceled; he reminded the Council of the July 18th Council Clarification meeting at 5:30 p.m. and the July 18th Regular City Council meeting at 6:00 p.m. Mayor Blad announced the Ross Park Band Concerts would be held at 7:00 p.m. during the month of July; Southeast Idaho Senior Games would take place July 12th through 20th; Parks and Recreation “Quinn Meadows Cruise” Fun Run would be held July 13th; Splash dances at Ross Park Aquatic Complex for youth ages 12-17 would be held July 11th and 25th from 8:30 p.m. to 10:30 p.m.; Montana Shakespeare in the Park would be held July 19th and 20th at Idaho State University (ISU) Quad. Events begin at 6:30 p.m. and are free to the public; reduced fee cat adoptions at the Animal Shelter through October; and Mayor Blad reminded residents that the open burn ban in Wildland-Urban Interface areas continues. Mayor Blad announced the International Choral Festival is taking place at various venues through July 13th. Mr. Johnson thanked the Pocatello Arts Council for sponsoring Shakespeare in the Park. AGENDA ITEM NO. 6: Council was asked to consider a request from Todd Blatner EXCEPTION TO CITY representing Pest Solutions (mailing address: PO Box 2796, CODE PROHIBITING Pocatello, ID 83206) for an exception to City Code 9.32.020; THE DISCHARGE OF Discharge of Firearms Prohibited within city limits to exterminate FIREARMS IN CITY marmots on certain properties identified by Pest Solutions. Mr. LIMITS-PEST SOLUTIONS Blatner has performed this service for School District No. 25 in the past and is seeking approval for continued control of these pests. Approval is subject to Police Department and Legal Department requirements and review. REGULAR CITY COUNCIL MEETING 3 JULY 11 2019 Mr. Blatner was not in attendance at the meeting. Mr. Johnston stated he feels the marmot problem is of enough concern that he would support an amendment to the ordinance or other options which would permit the eradication of marmots. He added that he has questions for Mr. Blatner and would like those questions addressed. Rich Diehl, Deputy City Attorney, stated the Legal Department will work with City departments in order to find a solution to the marmot problem. He added that according to the Army Corp of Engineers, it is the City’s responsibility to protect the Portneuf River levy from burrowing animals and Street Department crews have been working to find a solution to the problem. A motion was made by Mr. Cheatum, seconded by Mr. Johnston, to deny a request from Todd Blatner representing Pest Solutions for an exception to City Code 9.32.020, “Discharge of Firearms Prohibited” within city limits to exterminate marmots on certain properties identified by Pest Solutions. In response to a question from Council, Mr. Diehl clarified that if the request is denied at this time, Mr. Blatner can reapply for an exception at any time and that there are no timeline requirements to ask for permission at a later date. Mr. Cheatum feels that because the animals hibernate during the summer, the problem will be more severe in the spring. A motion was made by Mr. Johnston to instruct City staff to evaluate and modify the current City ordinance in order to effectively address the problem of marmots within city limits. The motion died due to lack of a second. Mr. Diehl stated that City staff will address the issue as instructed by Council. He clarified that the issue could be addressed without requiring an amendment to the ordinance and using a method that does not require the use of firearms. Mr. Cheatum’s original motion was voted upon at this time. Upon roll call, those voting in favor were Cheatum, Johnston, Adamson, Bray, Leeuwrik and Mannan. AGENDA ITEM NO. 7: Council was asked to declare 74 used firearms that have reached REQUEST TO SURPLUS their service life and are no longer safe for duty use as surplus. If AND TRADE IN USED declared as surplus, staff recommended trading the firearms (trade- FIREARMS FOR NEW in value approximately $8,000.00) and purchasing the following SAFETY EQUIPMENT safety equipment: Twenty (20) .223 suppressors and one (1) .308 -POLICE DEPARTMENT suppressor from Hux Customs a local vendor in the amount of $8,050.00. Funds for the purchase are available in the Police Department’s Fiscal Year 2019 budget. A motion was made by Ms. Mannan, seconded by Mr. Cheatum, to declare 74 used firearms that have reached their service life and are no longer safe for duty use as surplus and trade in the firearms (trade- in value approximately $8,000.00) and purchase the following safety equipment: Twenty (20) .223 suppressors and one (1) .308 suppressor from Hux Customs a local vendor in the amount of $8,050.00. Upon roll call, those voting in favor were Mannan, Cheatum, Adamson, Bray, Johnston and Leeuwrik. REGULAR CITY COUNCIL MEETING 4 JULY 11 2019 AGENDA ITEM NO. 8: Council was asked to approve the following requests from the SURPLUS AND SALE Pocatello Police Department: OF SEIZED ASSETS REQUEST-POLICE DEPARTMENT SURPLUS VEHICLES a) Surplus eight (8) vehicles seized during on-going drug investigations, and if approved; AUTHORIZE SALE b) Authorize sale of the vehicles through auction. The vehicles have been awarded to the City of Pocatello by the courts through the Bannock County Prosecutors office via Asset Forfeiture Laws. A motion was made by Mr. Johnston, seconded by Ms. Leeuwrik, to approve requests from the Pocatello Police Department as outlined in Agenda Item No. 8(a) and 8(b). Upon roll call, those voting in favor were Johnston, Leeuwrik, Adamson, Bray, Cheatum and Mannan. AGENDA ITEM NO. 9: Council was asked to consider the following items related to the ACCEPTANCE OF Hawthorne/Quinn Project: PROPERTY APPRAISAL REPORT AND AUTHORIZE LETTERS OF COMPENSATION FOR HAWTHORNE/QUINN PROJECT ACCEPT PROPERTY a) Accept the property appraisal reports for owners on the right-of-way APPRAISAL REPORTS and permanent easement acquisitions as discussed at the June 13, 2019 Work Session and, if accepted; AUTHORIZE b) Authorize the Mayor’s signature on letters establishing the just MAYOR’S SIGNATURE compensation for property owners as outlined in the report. (Please note: The letters are not an offer to purchase.) A motion was made by Ms. Leeuwrik, seconded by Mr. Cheatum, to approve items outlined in Agenda Item No. 9(a) and 9(b) related to the Hawthorne/Quinn Project. Upon roll call, those voting in favor were Leeuwrik, Cheatum, Adamson, Bray, Johnston and Mannan. AGENDA ITEM NO. 10: Council was asked to approve a request from Fire Department staff LIFE SAFETY to implement Life Safety Inspection Vault (LIV), subject to Legal SYSTEM DATA Department review. This is a web-based reporting company which VAULT AGREEMENT stores inspections from third party vendors in a centralized database. -FIRE DEPARTMENT There is no cost to the City and staff feels it will be beneficial to all parties involved. In response to a question from Council, Cole Harding, Life Safety System owner, stated his local company stores inspection results in a central database to be utilized by the Fire Department in order to identify code compliant issues and keep the community safe. He added that the information belongs to REGULAR CITY COUNCIL MEETING 5 JULY 11 2019 the City and the Fire Department and that LIV just manages the information. Mr. Harding stated that there will be no charge to the City of Pocatello, as the payments are made by the inspection companies. A motion was made by Mr. Johnston, seconded by Ms. Mannan, to approve a request from Fire Department staff to implement Life Safety Inspection Vault (LIV), subject to Legal Department review and that there will be no cost to the City for the service. Upon roll call, those voting in favor were Johnston, Mannan, Adamson, Bray, Cheatum and Leeuwrik. AGENDA ITEM NO. 11: Council was asked to accept the recommendation of Human TIME CLOCK PLUS Resource and Information Technologies staff, and authorize the -SOLE SOURCE Mayor’s signature on documents related to the request, for the EXPENDITURE AND following items: DECLARATION REQUEST DECLARE SOLE a) Declare the purchase of Time Clock Plus software to be a valid sole SOURCE-TIME source expenditure as this program is compatible with the City’s CLOCK PLUS current payroll system through Central Square. Time Clock Plus is Central Square’s preferred provider and is the only vendor available that allows a seamless integration now and in future upgrades; and APPROVE PURCHASE b) Approve the Time Clock Plus software purchase in the amount of $70,081.98. Funds for the purchase are available in the City’s Fiscal Year 2019 budget. A motion was made by Ms. Adamson, seconded by Mr. Cheatum, to accept the recommendation of Human Resource and Information Technologies staff, and authorize the Mayor’s signature on documents related to the request, for items as outlined in Agenda Item No. 11(a) and 11(b). Upon roll call, those voting in favor were Adamson, Cheatum, Bray, Johnston, Leeuwrik and Mannan. AGENDA ITEM NO. 12: This time was set aside for the Council to receive public comments PUBLIC HEARING on Proposed Fiscal Year 2019 Budget amendments as discussed at -PROPOSED FISCAL the June 13, 2019 Work Session. An ordinance has been prepared YEAR 2019 JUNE/JULY for Council’s consideration under Agenda Item No. 13. BUDGET AMENDMENTS Mayor Blad opened the public hearing. Ashley Welsh, Deputy Chief Financial Officer, gave an overview of the proposed amendments requested for the Fiscal Year 2019 budget. The total amount of all proposed amendments is $4,037,012.00. Mayor Blad announced no correspondence had been received. There being no public comment, Mayor Blad closed the public hearing and announced an ordinance had been prepared for consideration under Agenda Item No. 13. REGULAR CITY COUNCIL MEETING 6 JULY 11 2019 AGENDA ITEM NO. 13 Council was asked to consider the following ordinances: ORDINANCES -FISCAL YEAR 2019 a) An ordinance approving an amendment to the Fiscal Year 2019 APPROPRIATIONS Appropriations Ordinance increasing the total Fiscal Year AMENDMENT expenditures of $4,037,012.00 to account for additional revenues, including grant funds received by the City and to use previously unappropriated cash balances for unanticipated expenses incurred by the City. A motion was made by Mr. Bray, seconded by Ms. Adamson, that Agenda Item No. 13(a), be read only by title and placed on final passage for publication, and that the whole ordinance be submitted for publication. Upon roll call, those voting in favor were Bray, Adamson, Cheatum, Johnston, Leeuwrik and Mannan. Rich Diehl, Deputy City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance amending the Fiscal Year 2019 Appropriations Ordinance increasing the total Fiscal Year expenditures of $4,037,012.00 to account for additional revenues, including grant funds received by the City and to use previously unappropriated cash balances for unanticipated expenses incurred by the City. Mayor Blad asked, “Shall the ordinance pass?” Upon roll call, those voting in favor were Adamson, Bray, Cheatum, Johnston, Leeuwrik and Mannan. Mayor Blad declared the ordinance passed, that it be numbered 3131 and be submitted to the Idaho State Journal for publication. -PRETREATMENT b) An ordinance amending Pocatello Municipal Code Title 13.20 REGULATIONS Pretreatment Regulations as suggested by the Department of AMENDMENT Environmental Quality. The suggestions are from a 2018 audit of the City’s pretreatment program. A motion was made by Ms. Adamson, seconded by Ms. Leeuwrik, that Agenda Item No. 13(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 Adamson, Leeuwrik, Bray, Cheatum, Johnston and Mannan. Rich Diehl, Deputy City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance amending Pocatello Municipal Code Title 13.20 Pretreatment Regulations as suggested by the Department of Environmental Quality. Mayor Blad asked, “Shall the ordinance pass?” Upon roll call, those voting in favor were Adamson, Bray, Cheatum, Johnston, Leeuwrik and Mannan. Mayor Blad declared the ordinance and summary sheet passed, that it be numbered 3132 and be submitted to the Idaho State Journal for publication. AGENDA ITEM NO. 14: The individual who signed up to speak during this agenda item was DISCUSSION ITEMS not in attendance when called upon. AGENDA ITEM NO. 15: There being no further business, Mayor Blad adjourned the meeting ADJOURN at 6:40 p.m. REGULAR CITY COUNCIL MEETING 7 JULY 11 2019 APPROVED BY: BRIAN C. BLAD, MAYOR ATTEST: RUTH NEWSOM, CITY CLERK, C.C. PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK