City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING OCTOBER 18, 2012 CLARIFICATION The City Council Agenda Clarification MEETING Meeting was called to order at 5:30 p.m. by Mayor Brian Blad. Council members present were Roger Bray, Steve Brown, Craig Cooper, Jim Johnston, Gary Moore and Eva Johnson Nye. 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 Steve Brown, Craig Cooper, Jim Johnston, Gary Moore and Eva Johnson Nye. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was given by Pastor Scott INVOCATION Sampson, Rocky Mountain Ministries. Mayor Blad announced agenda item No. 13 Contract-Grossman Group, LLC, had been pulled from the agenda to allow further review of the contract. 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 meeting of September 20, 2012. -TREASURER’S (b) Treasurer’s Report for September 2012, REPORT showing cash and investments as of September 30, 2012 in the amount of $21,941,672,67. -PARKS AND (c) Confirm the Mayor’s appointment of Judy RECREATION Taylor to serve as the Fort Hall Replica ADVISORY BOARD Commission’s representative on the Parks and APPOINTMENT Recreation Advisory Board, replacing Robert Ballard who resigned. Ms. Taylor’s term will begin October 19, 2012 and will expire June 8, 2013. REGULAR CITY COUNCIL MEETING 2 OCTOBER 18, 2012 -POCATELLO ARTS (d) Confirm the Mayor’s appointment of Maggie COUNCIL Mann to serve as a member of the Pocatello APPOINTMENT Arts Council, replacing Stan Gates who resigned. Ms. Mann’s term will begin October 19, 2012 and will expire February 18, 2014. -SISTER CITIES (e) Confirm the Mayor’s reappointment of Peggy COMMITTEE Johnson to continue her service as a member REAPPOINTMENT of the African Sister Cities Subcommittee. Ms. Johnson’s term will begin October 21, 2012 and will expire October 21, 2016. -COUNCIL DECISION (f) Adopt the Council’s decision to revoke the DAYCARE PROVIDER Daycare Provider License of Katie Leichty- LICENSE REVOCATION Bowman dba Kare 4 Kids daycare for several violations of the Pocatello Municipal Code that took place at the facility. 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, Brown, Cooper and Nye. AGENDA ITEM NO. 4: Mayor Blad announced that there were no COMMUNICATIONS AND communications or proclamations. PROCLAMATIONS Mayor Blad recognized the following winners of a constitution essay contest: Jessalyn Entrikin, Adriene Pabvek and Paul Bigelow. Mayor Blad also recognized all participants of the essay contest who were in attendance. Mayor Blad recognized a cub scout from Troop No. 108 in attendance. AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the CALENDAR REVIEW November 1st Regular Council meeting at 6:00 p.m. and November 8th Study Session at 9:00 a.m. immediately followed by an Executive Session. Mayor Blad announced that absentee voting continues at Bannock County Courthouse through November 2nd; ZooBoo will be held at the Ross Park Zoo on October 20th from 10:00 a.m. to 3:00 p.m.; Heather Wadsworth will be performing piano and clarinet songs at the Marshall Public Library from 1:00 p.m. to 2:00 p.m. on October 20th; the Sanitation Department will run the annual special leaf pick-up from November 5th through November 30th. He also reminded citizens that Election Day is November 6th and Scouting for Food will take place on Saturday, October 20th. AGENDA ITEM NO. 6: Idaho Lorax, Pocatello resident, shared his REGULAR CITY COUNCIL MEETING 3 OCTOBER 18, 2012 DISCUSSION ITEMS concerns about exposure to possible FROM THE AUDIENCE hazardous materials in the area. Mike Chism, 1002 Samuel, invited City Council members and citizens to participate in an “Oath Ceremony” event on November 2, 2012 at 6:30 p.m. at the Vision 12 studios located in City Hall. Ralph Baker, 755 North Arthur, stated he attended the Study Session on October 11, 2012 and feels more research must be done regarding a discrimination ordinance and how it relates to fair housing. AGENDA ITEM NO. 7: Council was asked to consider a request by FINAL PLAT-POINTE Brandon Ratliff (mailing address: 4902 VIEW APARTMENTS Burley Drive #9, Chubbuck ID 83202) SUBDIVISION represented by Rocky Mountain Engineering and Surveying (mailing address: 2043 East Center Street, Pocatello ID 83201) to subdivide approximately 1.63 acres of land into two residential lots. The property is located between Quinn Road and Brock Drive, east of Philbin Road and is to be known as Pointe View Apartments Subdivision. The Planning and Zoning Commission at their meeting on March 18, 2011, recommended approval with the following conditions: 1) all conditions submitted by Engineering Services representatives as noted in a memorandum to Mattew Lewis, Planning Manager, dated October 8, 2012 shall be adhered to; 2) handicap accessibility within individual units shall be addressed by the Building Department Official; and 3) all other standards or conditions in Municipal Code not herein stated but applicable to residential development shall apply. A motion was made by Mr. Moore, seconded by Mr. Cooper, to approve a request by Brandon Ratliff, represented by Rocky Mountain Engineering and Surveying, to subdivide approximately 1.63 acres of land into two residential lots at a property located between Quinn Road and Brock Drive, east of Philbin Road to be known as Pointe View Apartments Subdivision subject to staff conditions and that the decision be set out in the appropriate Council Decision format. Mr. Johnston stated he would like to see an evaluation done on the name of the subdivision, to avoid confusion with other areas of town. Mr. Moore’s motion was voted upon at this time. Upon roll call, those voting in favor were Moore, Cooper, Bray, Brown, Johnston and Nye. AGENDA ITEM NO. 8: Council was asked to accept the REGULAR CITY COUNCIL MEETING 4 OCTOBER 18, 2012 PUBLIC WORKS BIDS recommendations of staff and award the public works bids received on October 2, 2012. The recommendations are: -SANITATION (a) Two, 2013 cab and chassis with Heil Durapack DEPARTMENT 5000 packer bodies to Northwest Equipment Sales, Inc. who submitted the lowest bid. The total purchase price is $340,666.00; -WATER DEPARTMENT (b) 1) Three ½ ton 4X4 standard cab pickups to Hirning GMC who submitted the lowest bid. Cost for each unit is $20,510.81 for a total purchase price of $61,532.43; 2) one 1-ton 4X4 truck and dump body to Smith Chevrolet who submitted the lowest bid. The total purchase price is $33,902.00; and 3) Equipment Lease, with an option to purchase, one track-type excavator to Western States Equipment who submitted the lowest bid. The total purchase price is $297,487.00 with an annual payment of $28,691.13; and -WATER POLLUTION (c) Two ½ ton extended cab pickup trucks to CONTROL DEPARTMENT Smith Chevrolet who submitted the lowest bid. Cost for each unit is $24,103.00 for a total purchase price of $48,206.00. A motion was made by Mr. Bray, seconded by Mrs. Nye, to accept the recommendations of staff and award the public works bids (a) through (c) received on October 2, 2012. Upon roll call, those voting in favor were Bray, Nye, Brown, Cooper, Johnston and Moore. AGENDA ITEM NO. 9: Council was asked to consider a request from “COUNCIL SELECT” AmeriCorps State and National/Serve Idaho FUNDING REQUEST represented by Catherine Davis (mailing -AMERICORPS PROJCT address: IRH/ISU 921 South 8th Avenue Stop 8174, Pocatello ID83209) for the use of “Council Select” funds in the amount of $254.90 to help with dumpster costs for the cleanup and removal of materials from a fire damaged structure located at 817 North Arthur Street. This AmeriCorps project will be held on October 20, 2012 and volunteers plan to clean up, sort through all recyclable items and remove debris from the property. (As of October 12, 2012 $5,000.00 remained in the “Council Select” fund.) Jane Davis, representing Catherine Davis, announced the group will complete the work over two weekends, rather than one. A motion was made by Mr. Johnston, seconded by Mr. Moore, to approve the request to use “Council Select” funds in the amount of $250.00 for dumpster costs associated with the cleanup and removal of materials from a fire damaged structure located at 817 North REGULAR CITY COUNCIL MEETING 5 OCTOBER 18, 2012 Arthur Street. Upon roll call, those voting in favor were Johnston, Moore, Bray, Brown, Cooper and Nye. AGENDA ITEM NO. 10: Council was asked to authorize execution of PROFESSIONAL a supplemental agreement with Keller SERVICES AGREEMENT Associates, Inc. for the Lewis Street Bridge -LEWIS STREET Project. Under this agreement, Keller BRIDGE PROJECT Associates will perform required engineering services for this federal-aid project. This supplemental agreement changes the project from rehabilitation to a full reconstruction of the bridge. Construction is anticipated to begin in 2016, depending on the availability of federal aid funding. A motion was made by Mr. Cooper, seconded by Mrs. Nye, to authorize execution of a supplemental agreement with Keller Associates, Inc. for the Lewis Street Bridge Project to perform required engineering services, changing the project from rehabilitation to a full reconstruction of the bridge. Upon roll call, those voting in favor were Cooper, Nye, Bray, Brown, Johnston and Moore. AGENDA ITEM NO. 11: Council was asked to approve, subject to AIRPORT LEASE Legal review by both parties, a lease AGREEMENT-STAR agreement with the Idaho STAR Motorcycle MOTORCYCLE Training Program for property at the TRAINING PROGRAM Pocatello Regional Airport. The property is approximately 5,896 square feet of bare ground upon which Lessee will place a 12x60 foot office trailer to be used as a classroom and office space for their motorcycle training program. The term is one year with four (4) one-year renewal options. The rental rate will be $100.00 per month and will be reviewed annually and increased at least by the Consumer Price Index for the previous year. A motion was made by Mr. Brown, seconded by Mr. Johnston, to approve, subject to Legal review by both parties, a lease agreement with the Idaho STAR Motorcycle Training Program for approximately 5,896 square feet of bare ground property at the Pocatello Regional Airport upon which Lessee will place a 12x60 foot office trailer to be used as a classroom and office space for their motorcycle training program and that the term is one year with four (4) one- year renewal options with a rental rate of $100.00 per month to be reviewed annually and increased at least by the Consumer Price Index for the previous year. In response to questions from Council, Dean Tranmer clarified that the lease agreement is for temporary placement of the trailer and includes a 60-day termination notice. REGULAR CITY COUNCIL MEETING 6 OCTOBER 18, 2012 Mr. Brown’s motion was voted upon at this time. Upon roll call, those voting in favor were Brown, Johnston, Bray, Cooper, Moore and Nye. AGENDA ITEM NO. 12: Council was asked to consider approval of an AGREEMENT Idaho National Laboratory (INL) Reciprocal –RECIPROCAL FIRE Fire Fighting Agreement, subject to Legal FIGHTING/INL Department review. This is a long-standing agreement which allows for the INL and all departments that are signatory on this agreement to augment emergency services available in each community in the event of a major emergency. A motion was made by Mr. Bray, seconded by Mr. Johnston, to approve an Idaho National Laboratory (INL) Reciprocal Fire Fighting Agreement, subject to Legal Department review. Upon roll call, those voting in favor were Bray, Johnston, Brown, Cooper, Moore and Nye. AGENDA ITEM NO. 13: As stated by Mayor Blad, a one year CONTRACT contract with The Grossman Group, LLC, from –GROSSMAN GROUP, LLC Washington, DC, to provide lobbyist services for the City of Pocatello had been pulled from the agenda. AGENDA ITEM NO. 14: Council was asked to consider the following ORDINANCES ordinances: -SEWER REVENUE (a) An ordinance authorizing and providing for REFUNDING BOND the issuance of a parity lien sewer revenue refunding bond in the principal amount not to exceed $15,956,960.00 for the purpose of refunding the City’s outstanding wastewater treatment loan promissory notes, series 2002, series 2003, and series 2006, which will ultimately result in a savings of approximately $200,000.00 per year over the term of the bond. The City Council may also wish to authorize the Mayor to execute all Bond Documents and related documents necessary to finalize the refunding bond, subject to Legal Department review. A motion was made by Mr. Moore, seconded by Mr. Bray, that the ordinance, Agenda Item 14(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 Moore, Bray, Brown, Cooper, Johnston and Nye. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance authorizing and providing for the issuance of a parity lien sewer revenue refunding bond in the principal amount not to exceed $15,956,960.00 for the purpose of refunding the City’s outstanding wastewater REGULAR CITY COUNCIL MEETING 7 OCTOBER 18, 2012 treatment loan promissory notes, series 2002, series 2003, and series 2006, resulting in a savings of approximately $200,000.00 per year over the term of the bond and to authorize the Mayor to execute all Bond Documents and related documents necessary to finalize the refunding bond, subject to Legal Department review. Mayor Blad asked “Shall the ordinance pass?” Upon roll call, those voting in favor were Bray, Brown, Cooper, Johnston, Moore and Nye. Mayor Blad declared the ordinance and summary sheet passed, that it be numbered 2914 and be submitted to the Idaho State Journal for publication. -PORTABLE SIGNS (b) An ordinance to allow portable signs in the IN DOWNTOWN Downtown Historic District, amending certain HISTORIC DISTRICT definitions within the chapter, amending provisions of signs not subject to permits, and bringing the chapter into alignment with other provisions of the Municipal Code, as presented to Council on October 4, 2012. A motion was made by Mrs. Nye, seconded by Mr. Johnston, that the ordinance, Agenda Item 14(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, Johnston, Bray, Brown and Moore. Mr. Cooper voted in opposition to the motion. The motion passed. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance allowing portable signs in the Downtown Historic District, amending certain definitions within the chapter, amending provisions of signs not subject to permits, and bringing the chapter into alignment with other provisions of the Municipal Code, as presented to Council on October 4, 2012. Mayor Blad asked “Shall the ordinance pass?” Upon roll call, those voting in favor were Bray, Brown, Johnston, Moore and Nye. Mr. Cooper voted in opposition to the motion. The motion passed. Mayor Blad declared the ordinance and summary sheet passed, that it be numbered 2915 and be submitted to the Idaho State Journal for publication. There being no further business, Mayor Blad adjourned the meeting at 6:39 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: REGULAR CITY COUNCIL MEETING 8 OCTOBER 18, 2012 RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK