City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING DECEMBER 6, 2012 CLARIFICATION The City Council Agenda Clarification MEETING Meeting was called to order at 5:30 p.m. by Council President Roger Bray. Council members present were Steve Brown, Craig Cooper, Jim Johnston, Gary Moore and Eva Johnson Nye. Mayor Brian Blad arrived at 5:35 p.m. at which time Council President Bray turned the chair of the meeting to Mayor Blad. 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 Steve Brown, ALLEGIANCE Craig Cooper, Jim Johnston and Gary Moore Council member Roger Bray arrived at 6:04 p.m. and Council member Eva Johnson Nye arrived at 6:05 p.m. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was offered by Idaho Lorax, INVOCATION Pocatello citizen. 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 October 4, 2012, October 18, 2012, November 1, 2012, and November 15, 2012; the November 8, 2012 Study Session; and the Executive Sessions of November 6, 2012, November 8, 2012, and November 15, 2012. -PAYROLL AND (b) Payroll and materials claims for the month MATERIALS CLAIMS of November, 2012 in the amount of $7,015,226.13. -FORT HALL (c) Confirm the Mayor’s appointment of Larry REPLICA Wilde to serve as a member of the Fort Hall COMMISSION Replica Commission, filling a long-term APPOINTMENT vacancy. Mr. Wilde’s term will begin December 7, 2012 and will expire December 7, 2016. REGULAR CITY COUNCIL MEETING 2 DECEMBER 6, 2012 -HUMAN RELATIONS (d) Confirm the Mayor’s reappointment of Eric ADVISORY BOARD Shaver to continue his service as a member REAPPOINTMENT of the Human Relations Advisory Committee. Mr. Shaver’s term will begin December 19, 2012 and will expire December 19, 2016. -PARKS AND (e) Confirm the Mayor’s reappointment of Pam RECREATION Castagna to continue her service as a member ADVISORY BOARD of the Parks and Recreation Advisory Board. REAPPOINTMENT Ms. Castagna’s term will begin December 17, 2012 and will expire December 17, 2014. -INTERNSHIP (f) Approve a Volunteer Agreement with Gary C. AGREEMENT-PLANNING Tetz to allow Mr. Tetz to serve as an intern AND DEVELOPMENT with the City’s Planning and Development SERVICES Services (PDS) Department. Mr. Tetz’s position in the PDS Department will be paid by and through the Idaho State University Career Paths Internship Program at no cost to the City and will begin on December 7, 2012. -COUNCIL DECISION (g) Adopt the Council’s decision to grant an MASSAGE LICENSING exception of Pocatello Municipal Code EXCEPTION §05.32.060(B) in order to extend the 2012 licensing period for massage establishments and massage therapists for an additional six months, through June 30, 2013 in anticipation of the enactment of Idaho Code §54-4005, which provides for the exclusive state licensure of massage therapists effective July 1, 2013. 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 OR communications or proclamations. He PROCLAMATIONS welcomed a class of Idaho State University students who were in attendance. AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the CALENDAR December 13th Study Session at 9:00 a.m. and REVIEW the December 20th Regular Council meeting at 6:00 p.m. Mayor Blad announced the Marshall Public Library Geek Trivia contest will be held at 2:30 p.m. at CoHo Coffee Shop on December 8th; the Animal Shelter off-site adoption celebration “Share the Love Event” will take place on December 8th from 12:00 p.m. to 5:00 p.m. at Phil Meador Subaru; Public Transit will have the 25th Annual Lights tour on December 13th and 14th; the Marshall Public Library will have shortened business hours and will be open from 10:00 a.m. to 6:00 p.m. during the month of December; and the Library will be REGULAR CITY COUNCIL MEETING 3 DECEMBER 6, 2012 closed for recarpeting December 8th through December 15th. AGENDA ITEM NO. 6: Idaho Lorax, Pocatello resident, stood for a DISCUSSION ITEMS moment of silence and shared his concerns regarding worker safety. Louis Archuletta, 1965 Ardella Drive, invited Council members to a celebration on December 16th for the 30th anniversary of the public access program, “La Voz Latina,” hosted by Hank Gonzales. AGENDA ITEM NO. 7: Council was asked to accept the Canvass ACCEPTANCE-CANVASS Election Results for the November 6, 2012 VOTES FOR 2012 City of Pocatello Special General Obligation SPECIAL GENERAL Bond Election. Bannock County OBLIGATION BOND Commissioners, serving as Board of ELECTION Canvassers of Election, have provided a signed abstract of all votes cast within the Pocatello City limits. (Attachment “A”) A motion was made by Mrs. Nye, seconded by Mr. Bray, to accept the Canvass Election results for the November 6, 2012 City of Pocatello Special General Obligation Bond Election. Upon roll call, those voting in favor were Nye, Bray, Brown, Cooper, Johnston and Moore. AGENDA ITEM NO. 8: Michael Joseph Connell was present to appeal TAXI LICENSE the decision of Police Department staff DENIAL APPEAL-CONNELL which denied Mr. Connell a taxi license. Lieutenant Paul Manning, Support Services division, stated Mr. Connell’s application was denied due to his arrest and later conviction of delivery of a controlled substance in 2010. Michael Joseph Connell, 1031 South Grant Avenue, asked the Council for consideration to approve his taxi license application. He stated in the 14 months since his conviction, he has been clean and sober and has completed several recovery programs to help him continue to be drug free. Mr. Connell presented the Council with a letter of recommendation from his probation officer and added that he successfully completed a drug test that morning. He stated he attends AA/NA meetings on a regular basis, continues to help others with their sobriety and feels he has a solid relapse prevention plan to help him stay sober. In response to a question from Council, Mr. Connell stated his probation term is for four years, but he is hoping to be released after he completes two years probation successfully. In response to a question from Council, Mr. Connell stated he is currently employed by Idaho Transportation Company and he has worked there for approximately 3 1/2 years. He added that he was not sure why he was granted a taxi cab license last year, but was denied for a license this year. Mr. Connell stated drug testing is REGULAR CITY COUNCIL MEETING 4 DECEMBER 6, 2012 required by his employer. A motion was made by Mr. Moore, seconded by Mr. Johnston, to approve an appeal by Michael Joseph Connell for a taxi license and that the decision be set out in the appropriate Council Decision format. Discussion followed among the Council members regarding adding a condition of the license to include drug testing and possible revocation of Mr. Connell’s license if there is a probation violation. Mr. Moore modified his motion to include the condition that Mr. Connell’s probation officer notify the City of Pocatello if Mr. Connell violates his probation orders. Mr. Johnston accepted the modification. Mr. Moore’s motion was voted upon at this time. Upon roll call, those voting in favor were Moore, Johnston, Bray, Brown, Cooper and Nye. AGENDA ITEM NO. 9: Council was asked to approve and authorize ANNEXATION the Mayor to execute the Real Covenant and AGREEMENT Annexation Agreement between the City and -POCATELLO CREEK Pocatello Creek Development Company, owner, DEVELOPMENT CO. and Satterfield Realty and Development, Inc., developer, which delineates the terms and conditions for the annexation of approximately 11.49 acres of land situated east of Satterfield Drive. The conditions include the payment of $13,673.78 for water acquisition by the Developer. This land was recently annexed by the City under Ordinance No. 2911. A motion was made by Mr. Bray, seconded by Mr. Cooper, to approve and authorize the Mayor to execute the Real Covenant and Annexation Agreement with Pocatello Creek Development Company and Satterfield Realty and Development, Inc., which delineates the terms and conditions for the annexation of approximately 11.49 acres of land situated east of Satterfield Drive and that conditions include the payment of $13,673.78 for water acquisition by the Developer. Upon roll call, those voting in favor were Bray, Cooper, Brown, Johnston, Moore and Nye. AGENDA ITEM NO. 10: Council was asked to authorize the REQUEST FOR Development Engineer to work with the Legal REIMBURSEMENT OF Department in preparing the necessary REGULAR CITY COUNCIL MEETING 5 DECEMBER 6, 2012 SANITARY SEWER documents for Council approval to assess and DEVELOPMENT collect pro-rated reimbursement from -1741 JEAN STREET landowners adjoining 1741 Jean Street for costs of public sanitary sewer improvements said developer is required to install and which directly benefit the adjoining lands. A motion was made by Mr. Moore, seconded by Mrs. Nye, to authorize the Development Engineer to work with the Legal Department in preparing the necessary documents for Council approval to assess and collect pro-rated reimbursement from landowners adjoining 1741 Jean Street for costs of public sanitary sewer improvements said developer is required to install and which directly benefit the adjoining lands. Upon roll call, those voting in favor were Moore, Nye, Bray, Brown, Cooper and Johnston. AGENDA ITEM NO. 11: Council was asked to approve the Fiscal Year ANNUAL ROAD AND 2012 Annual Road and Street Financial Report STREET REPORT for submission to the State Controller’s Office, as required by Idaho Code 40-708. A motion was made by Mr. Moore, seconded by Mr. Bray, to approve the Fiscal Year 2012 Annual Road and Street Financial Report for submission to the State Controller’s Office, as required by Idaho Code 40-708. Upon roll call, those voting in favor were Moore, Bray, Brown, Cooper, Johnston and Nye. AGENDA ITEM NO. 12: Council was asked to accept the DECLARATION OF recommendation of the Police Department to SEAT BELT CONVINCER declare a Seat Belt Convincer as surplus and AS SURPLUS AND approve its donation to the Jefferson Joint DONATION REQUEST School District No. 251. The unit has been –POLICE DEPARTMENT in storage for years and no longer used by Police Department staff. School District No. 251 has borrowed the unit in the past and expressed an interest in using it for training their transportation department employees. A motion was made by Mr. Bray, seconded by Mrs. Nye, to declare a Seat Belt Convincer as surplus and approve its donation to the Jefferson Joint School District No. 251. Upon roll call, those voting in favor were Bray, Nye, Brown, Cooper, Johnston and Moore. AGENDA ITEM NO. 13: Council was asked to approve the request DONATION AGREEMENT from Dick’s Sporting Goods to enter into an –DICK’S SPORTING agreement with the City of Pocatello Parks REGULAR CITY COUNCIL MEETING 6 DECEMBER 6, 2012 GOODS and Recreation Team Sports Division for the Holiday Hoopla Special Event on December 22, 2012 and Kid’s Basketball Program Donation. A motion was made by Mr. Cooper, seconded by Mrs. Nye, to approve the request from Dick’s Sporting Goods to enter into an agreement with the Parks and Recreation Team Sports Division for the Holiday Hoopla Special Event to be held on December 22, 2012 and Kid’s Basketball Program Donation. Upon roll call, those voting in favor were Cooper, Nye, Bray, Brown, Johnston and Moore. AGENDA ITEM NO. 14: Council was asked to accept the Fire FIRE FIGHTER Department and Fire Union’s recommendation HEALTH AND WELLNESS to enter into a professional service PHYSICALS-AGREEMENT agreement, subject to Legal Department review, with Emergency Responder Health Center in the amount of $50,400.00 to perform annual fire fighter health and wellness physicals. The total cost includes 72 physicals over a 12 month period. A motion was made by Mr. Moore, seconded by Mr. Bray, to enter into a professional service agreement, subject to Legal Department review, with Emergency Responder Health Center in the amount of $50,400.00 to perform 72 annual fire fighter health and wellness physicals over a 12 month period. Upon roll call, those voting in favor were Moore, Bray, Brown, Cooper, Johnston and Nye. AGENDA ITEM NO. 15: Council was asked to approve and authorize AIRPORT LEASE the Mayor to sign, an amendment to the lease AMENDMENT-CIVIL agreement with Civil Air Patrol for a hangar AIR PATROL at the Airport. The amendment will reduce the monthly rental rate for the hangar from $205.00 per month to $50.00 per month. All other terms and conditions of the lease will remain unchanged. The Airport Commission recommended approval of the reduced rate. A motion was made by Mr. Johnston, seconded by Mr. Brown, to approve and authorize the Mayor to sign an amendment to the lease agreement with Civil Air Patrol for a hangar at the Airport and that the amendment will reduce the monthly rental rate for the hangar from $205.00 per month to $50.00 per month and that all other terms and conditions of the lease will remain unchanged. Mr. Cooper made a substitute motion to re-visit the lease after one year and encourage the Civil Air Patrol to find additional funding sources. Mr. Cooper’s motion died for lack of a second. Mr. Johnston’s motion was voted upon at this time. Upon roll call, those voting in favor were Johnston, Brown, Bray, Moore and Nye. REGULAR CITY COUNCIL MEETING 7 DECEMBER 6, 2012 Mr. Cooper voted in opposition to the motion. The motion passed by majority. AGENDA ITEM NO. 16: Council was asked to approve and authorize AIRPORT CONSENT TO the Mayor to sign a Consent to Assignment LEASE ASSIGNMENT for the lease with Bob Larson. Mr. Larson –LARSON has assigned the lease to the Bob Larson Trust with Mr. Larson as Trustee. The lease is for property at the Airport upon which Mr. Larson owns a hangar. All other lease terms and conditions will remain unchanged. A motion was made by Mr. Bray, seconded by Mrs. Nye, to approve and authorize the Mayor to sign a Consent to Assignment for a lease with Bob Larson for property at the Airport upon which Mr. Larson owns a hangar and that all other lease terms and conditions will remain unchanged. Upon roll call, those voting in favor were Bray, Nye, Brown, Cooper, Johnston and Moore. AGENDA ITEM NO. 17: Council was asked to authorize the Mayor to SUPPLEMENTAL sign Supplemental Agreement No. 3 of a Local AGREEMENT NO. 3 Professional Services Agreement with HDR –SOUTH VALLEY Engineering, Inc. for Final Design of the CONNECTOR PROJECT/ South Valley Connector Project in the amount FINAL DESIGN of $10,000.00, subject to Legal Department review. Supplemental Agreement No. 3 includes environmental services related to wetlands delineation and corresponding report by a qualified biologist. The project requires a local match between 0% and 20% of the total cost which will be reimbursed by the Pocatello Development Authority. A motion was made by Mr. Moore, seconded by Mrs. Nye, to authorize the Mayor to sign Supplemental Agreement No. 3 of a Local Professional Services Agreement with HDR Engineering, Inc. for Final Design of the South Valley Connector Project in the amount of $10,000.00, subject to Legal Department review. Upon roll call, those voting in favor were Moore, Nye, Bray, Brown, Cooper and Johnston. There being no further business, Mayor Blad adjourned the meeting at 6:42 p.m. APPROVED: BRIAN C. BLAD, MAYOR REGULAR CITY COUNCIL MEETING 8 DECEMBER 6, 2012 ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK