City Council

Sexxxtons CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING SEPTEMBER 20, 2012 CLARIFICATION The City Council Agenda Clarification MEETING Meeting was called to order at 5:32 p.m. by Mayor Brian Blad. Council members present were Roger Bray, Craig Cooper, Jim Johnston, Gary Moore and Eva Johnson Nye. Council member Steve Brown was excused. No motions, resolutions, orders, or ordinances were proposed. No vote was taken. REGULAR CITY COUNCIL MEETING AGENDA ITEM NO. 1: The Regular City Council meeting was called ROLL CALL AND to order at 6:00 p.m. by Mayor Brian Blad. PLEDGE OF Council members present were Roger Bray, ALLEGIANCE Craig Cooper, Jim Johnston, Gary Moore and Eva Johnson Nye. Council member Steve Brown was excused. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was given by Abe Gibbons, INVOCATION representing the Southeast Idaho Islamic Society. AGENDA ITEM NO. 3: Council was asked to consider the following CONSENT AGENDA business items: -MINUTES (a) Waive the oral reading of the minutes and approve the minutes from the Clarification and Regular Council meetings of August 2, 2012 and August 16, 2012. -TREASURER’S (b) Cash and investments as of August 31, 2012, REPORT in the amount of $23,495,045.04. -AMERICANS WITH (c) Confirm the Mayor’s reappointment of Jerry DISABILITIES ACT Myers to continue his service as a member of GRIEVANCE COMMITTEE the ADA Grievance Committee. Mr. Myers’ REAPPOINTMENT term will begin September 7, 2012 and will expire September 7, 2014. -ANIMAL SHELTER (d) Confirm the Mayor’s reappointment of Jack ADVISORY BOARD Dunham to continue his service as a member REAPPOINTMENT of the Animal Shelter Advisory Board. Mr. Dunham’s term will begin September 22, 2012 and will expire September 22, 2014. REGULAR CITY COUNCIL MEETING 2 SEPTEMBER 20, 2012 -PARKS AND (e) Confirm the Mayor’s reappointment of Harlow RECREATION BOARD Andersen to continue his service as a member REAPPOINTMENT of the Parks and Recreation Advisory Board, representing the Friends of the Cemetery Committee. Mr. Andersen’s term will begin October 6, 2012 and will expire October 6, 2014. -POCATELLO ARTS (f) Confirm the Mayor’s reappointment of Bonnie COUNCIL Frantz to continue her service as a member REAPPOINTMENT of the Pocatello Arts Council. Ms. Frantz’s term will begin October 1, 2012 and will expire October 1, 2015. 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, Bray, Cooper and Nye. AGENDA ITEM NO. 4: Mayor Blad recognized boy scouts from COMMUNICATIONS AND Troop 121. PROCLAMATIONS AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the CALENDAR REVIEW October 4th Regular Council meeting at 6:00 p.m. and the October 11th Study Session at 9:00 a.m. Mayor Blad reminded citizens that registration for fall swimming lessons at the Community Recreation Center continue; the Child Safety Seat Inspections will be held September 22nd at 10:00 a.m. in the Police Department parking lot; the Bannock Development Corporation Annual Economic Symposium will be held September 26th at 10:30 a.m. at the Idaho State University Stephens Performing Arts Center; that tickets for Art for Food are on sale now at the Mayor’s Office and The Idaho Foodbank; and wished the local high school and ISU football teams luck in their upcoming games. AGENDA ITEM NO. 6: Nikki Taysom, General Delivery, spoke DISCUSSION ITEMS regarding public transportation options in FROM THE AUDIENCE the area, victim restitution and impeachment of national officials. Idaho Lorax, General Delivery, spoke regarding his tort of conversion claims and his concern with public trust and use of uranium in the community. Ralph Baker, 755 North Arthur, spoke in opposition to Federal grant money and about national debt. Following a question from Mr. Bray, Mr. Baker explained some of the duties of the Federal government and the intentions of the founders of our country regarding taxation. REGULAR CITY COUNCIL MEETING 3 SEPTEMBER 20, 2012 AGENDA ITEM NO. 7: This time was set aside for the Council to PUBLIC HEARING receive public comments on proposed Fiscal -PROPOSED FISCAL Year 2012 end of year budget amendments, YEAR 2012 END-YEAR as discussed at the Study Session of BUDGET AMENDMENTS September 13, 2012. Mayor Blad opened the public hearing. Joyce Stroschein, Finance Manager, gave an overview of the process necessary to execute the City budget. She explained the reasons for the amendments totaling $740,937.00. Ms. Stroschein stated the amendments were covered in detail at the previous Study Session and were also available on the City website. In response to a question from Mr. Bray, Ms. Stroschein explained the process for receipting any possible reimbursements for the Charlotte Fire. Nikki Taysom, General Delivery, spoke in opposition to the budget amendments. She requested more detailed information on the Charlotte Fire expenses. There being no further public comments, Mayor Blad closed the public hearing and announced that an ordinance had been prepared for Council to adopt the Fiscal Year 2012 End-Year Budget Amendments. AGENDA ITEM NO. 8: Council was asked to approve a request GREENFIELD MEADOWS from Ryan Satterfield of Satterfield SUBDIVISION, DIVISION Realty and Development (mailing address: ONE-FINAL PLAT 3021 Shelly Place, Pocatello ID 83201) represented by Rocky Mountain Engineering and Surveying (mailing address: 2043 East Center Street, Pocatello ID) to subdivide approximately 4.63 acres of land into 11 residential lots located east of Satterfield Drive on an extension of Owyhee Street. The property is located within a Residential Low Density zoning district and is to be known as Greenfield Meadows Subdivision, Division One. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve the request from Ryan Satterfield to subdivide approximately 4.63 acres of land into 11 residential lots located east of Satterfield Drive on an extension of Owyhee Street to be known as the Greenfield Meadows Subdivision, Division One with the following conditions: 1) all items marked with an “X” on the attached Site Plan Review Checklist dated September 20, 2012 shall apply; 2) all conditions submitted by the Public Works Department representatives as noted in the memorandum dated September 10, 2012 shall be adhered to; 3)(a) “R” restrictions shall be placed on Lot-11 stating that said lot is set aside for common area and drainage detention. The note shall also state that permanent construction REGULAR CITY COUNCIL MEETING 4 SEPTEMBER 20, 2012 of any type shall be prohibited; 3)(b) a note shall be placed on the plat and also included in the homeowners covenants requiring that the landscaping strip consist of full vegetative ground cover, specifically grass and trees and that maintenance of such shall be the responsibility of the adjacent lot owners; 4) all corrections noted by City representatives on the preliminary plat shall be made prior to submittal of the final plat; 5) all other standards or conditions Municipal Code not herein stated but applicable to residential development shall apply; and 6) applicant should work closely with City Staff regarding delivery of water to the proposed subdivision and that the decision be set out in the appropriate Council Decision format. Following questions from the Council, Ryan Satterfield, 3021 Shelly Place, explained that after a lengthy process the water flow issue had been resolved with the creation of a new water zone, and the new zone will allow his development to expand. He explained a water zone is based on pressures and flows and the location of City water tanks. The lines from the current lower water zone are already servicing subdivisions. Mr. Satterfield also stated that while nothing had yet been established by the City for similar issues in the future those involved recognized the need to avoid future delays and confusion. Mr. Moore’s motion was voted on at this time. Upon roll call, those voting in favor were Moore, Nye, Bray, Cooper and Johnston. AGENDA ITEM NO. 9: Council was asked to consider the AGREEMENTS-EMPLOYEE following agreements regarding City of BENEFITS Pocatello employee benefits: -DELTA DENTAL (a)Provide dental insurance coverage to City employees for the 2012 fiscal year. The renewal agreement reflects a seven (7) percent increase in dental insurance coverage by moving from the Premier Plan to a Preferred Provider Plan; -MERCER HEALTH (b) Provide the exchange of protected health AND BENEFITS information of employees enrolled in the City’s medical plans in order to administer these plans; and -BLUE CROSS (c) Provide employee medical insurance OF IDAHO coverage. The contract, subject to Legal Department approval, will include modifications reflecting changes required by health care reform and represents a change moving to a fully insured medical plan from a two-way retention plan. The contract also represents a 17.36% premium rate increase. REGULAR CITY COUNCIL MEETING 5 SEPTEMBER 20, 2012 Following a question from Mrs. Nye, Nikki Taysom, General Delivery, expressed her opposition to the benefits agreements. A motion was made by Mr. Bray, seconded by Mrs. Nye, to approve agenda items 9(a) through 9(c) for agreements regarding City of Pocatello employee benefits, subject to Legal Department review. Upon roll call, those voting in favor were Bray, Nye, Cooper, Johnston and Moore. AGENDA ITEM NO. 10: Council was asked to authorize submission GRANT APPLCIATION of a Fiscal Year 2013 Certified Local –IDAHO STATE Government grant application to the Idaho HISTORICAL State Historical Preservation Office in PRESERVATION OFFICE the amount of $6,500.00. A work program for this year includes a request of $2,000.00 to send Historic Preservation Commission members to national training; $1,000.00 to develop a calendar promoting historic preservation; and $3,500.00 for reconnaissance surveys to add two new residential historic districts. The Council may also wish to authorize the Mayor’s signature on the grant contact, if awarded, and any related subcontracts or documents, subject to Legal Department review. A motion was made by Mrs. Nye, seconded by Mr. Moore, to authorize submission of a Fiscal Year 2013 Certified Local Government grant application to the Idaho State Historical Preservation Office in the amount of $6,500.00, and if awarded, authorize the Mayor to sign, subject to Legal Department review, the grant contract and any related subcontracts or documents. Upon roll call, those voting in favor were Nye, Moore, Bray, Cooper and Johnston. AGENDA ITEM NO. 11:Council was asked to consider a request “COUNCIL SELECT” from Justice for Idaho Citizens, FUNDING REQUEST represented by Doug Balfour, to use -JUSTICE FOR “Council Select” funds in the amount of IDAHO CITIZENS $250.00 to assist in the expense to defend the constitutional rights of citizens. (As of September 14, 2012 $1,749.20 remained in the “Council Select” line item.) Doug Balfour, 230 West Lewis Street, summarized the purpose of the Justice for Idaho Citizens organization, which is to provide education and legal assistance to people should they be threatened by different entities, specifically the Shoshone-Bannock Tribes’ decision to try and require owners of fee simple land inside the boundaries of the Fort Hall Reservation to comply with Tribal regulations. Mr. Balfour cited Dave and Nicole Evans’ home construction project. He pointed out that the City is providing the same type of legal assistance to tenants at the Pocatello Regional Airport. He believed the City’s financial support to the Justice for Idaho Citizens was appropriate and important. REGULAR CITY COUNCIL MEETING 6 SEPTEMBER 20, 2012 Mr. Bray asked if Pocatello businesses were affected. Mr. Balfour responded that the Evans’ contractor and subcontractors were Pocatello businesses, and the companies were also threatened. He reiterated that the purpose of the organization was to provide legal consultations or reimbursement for consultation. Mr. Bray proclaimed a conflict of interest, as he is a member of the Board of Directors for Justice for Idaho Citizens, and recused himself from further discussion or voting. A motion was made by Mr. Johnston, seconded by Mrs. Nye, to deny the request from Justice for Idaho Citizens for “Council Select” funds in the amount of $250.00. Mr. Johnston commented that while he was sympathetic and felt the City should be involved he did not believe the “Council Select” fund was the appropriate avenue. He asked that the Justice for Idaho Citizens organization make a presentation to the Council at a future Study Session. Mr. Johnston’s motion was voted on at this time. Upon roll call, those voting in favor were Johnston, Nye, Cooper and Moore. Mr. Bray abstained. AGENDA ITEM NO. 12: Council was asked to accept the BID-SPAULDING recommendations of staff and award bids BOOSTER STATION received on September 6, 2012 to the EQUIPMENT lowest responsive bidder for equipment to be installed at the new Spaulding Booster Station. The recommendations are: -C.H. SPENCER a) Lot One-Vertical turbine pumps to C.H. Spencer in the amount of $155,100.00; -RITER ENGINEERING b) Lot Two-Electric pump motors to Riter Engineering in the amount of $25,638.00; -HYDROSPECIALTIES c) Lot Three-Control valves to Hydrospecialties in the amount of $40,965.00; and -DYKMAN ELECTRIC d) Lot Four-Electrical panels to Dykman Electric in the amount of $32,612.00. Funds for the equipment were budgeted within the Water Department’s Fiscal 2013 budget. A motion was made by Mrs. Nye, seconded by Mr. Cooper, to accept the recommendations of staff and award the following bids received September 6, 2012 to: a) C.H. Spencer in the amount of $155,100.00; b) Riter Engineering in the amount of $25,638.00; c) REGULAR CITY COUNCIL MEETING 7 SEPTEMBER 20, 2012 Hydrospecialties in the amount of $40,965.00; and d) Dykman Electric in the amount of $32,612.00. Upon roll call, those voting in favor were Nye, Cooper, Bray, Johnston and Moore. AGENDA ITEM NO. 13: Council was asked to authorize a MOU-2013 TRAFFIC Memorandum of Understanding (MOU), subject MOBILIZATION PROGRAM to Legal Department review, with Idaho Transportation Department (ITD) to allow the Police Department to participate in ITD’s 2013 Traffic Mobilization Program. ITD will reimburse the City for overtime spent on traffic enforcement and provide funding for traffic safety equipment. The mobilizations are an important part of the Police Department’s traffic safety program. A motion was made by Mr. Cooper, seconded by Mr. Moore, to authorize a Memorandum of Understanding, subject to Legal Department review, with Idaho Transportation Department to allow the Police Department to participate in the 2013 Traffic Mobilization Program. Upon roll call, those voting in favor were Cooper, Moore, Bray, Johnston and Nye. AGENDA ITEM NO. 14: Council was asked to consider the PROFESSIONAL following one year Professional Services SERVICES AGREEMENTS Agreements with Gary Carlson. If approved, the agreements should be subject to Legal Department review. The Agreements are: -TEAM SPORTS (a) Mr. Carlson will assign officials for DIVISION OFFICIALS various adult and youth sports programs for which he will be paid an applicable fee for providing these services; and -MEN’S BASKETBALL (b) Mr. Carlson will operate the City’s Men’s LEAGUE Basketball League. He will organize the league, collect all fees, schedule and pay officials. Player fees will be remitted to the City at the conclusion of the season. A motion was made by Mr. Moore, seconded by Mr. Cooper, to approve agenda items 16(a) and 16(b) for one year Professional Services Agreements with Gary Carlson, subject to Legal Department review. Upon roll call, those voting in favor were Moore, Cooper, Bray, Johnston and Nye. AGENDA ITEM NO. 15:Council was asked to consider a use USE AGREEMENT agreement with Pocatello Community Charter –POCATELLO COMMUNITY School which would allow the School to CHARTER SCHOOL conduct two (2) cross country meets in the City Creek Management Area on September 26 and October 3, 2012. The Charter School will be responsible for setting up, maintenance and cleanup of the area during and REGULAR CITY COUNCIL MEETING 8 SEPTEMBER 20, 2012 following the events. In addition, the school will be responsible to provide public liability insurance, naming the City as an additional insured, and pay a fee for the use of the area, subject to Legal Department review. A motion was made by Mrs. Nye, seconded by Mr. Cooper, to approve a use agreement with Pocatello Community Charter School, subject to Legal Department review, for the use of the City Creek Management Area for two cross country meets on September 26 and October 3, 2012 and that the School will: 1) be responsible for set up, maintenance and cleanup of the area during and following the event; 2) provide public liability insurance, naming the City as an additional insured; and 3) pay a fee for the use of the area. Upon roll call, those voting in favor were Nye, Cooper, Bray, Johnston and Moore. AGENDA ITEM NO. 17: Council was asked to consider an ordinance AMENDMENT OF approving an amendment to the Fiscal Year FISCAL YEAR 2012 2012 Appropriation Ordinance. APPROPRIATION A motion was made by Mr. Bray, seconded by Mr. Johnston, that the ordinance, Agenda Item 17, be read only by title and placed on final passage for publication, and that the full ordinance be submitted for publication. Upon roll call, those voting in favor were Bray, Johnston, Cooper, Moore and Nye. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the Amendment of Fiscal Year 2012 Appropriation Ordinance. Mayor Blad asked “Shall the ordinance pass?” Upon roll call, those voting in favor were Bray, Cooper, Johnston, Moore and Nye. Mayor Blad declared the ordinance passed, that it be numbered 2913 and the full ordinance be submitted to the Idaho State Journal for publication. There being no further business Mayor Blad adjourned the meeting at 6:54 p.m. APPROVED: BRIAN C. BLAD, MAYOR REGULAR CITY COUNCIL MEETING 9 SEPTEMBER 20, 2012 ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: ANNE L. NICHOLS, CAP-OM, ASSISTANT TO THE MAYOR