City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING FEBRUARY 7, 2013 CLARIFICATION The City Council Agenda Clarification MEETING Meeting was called to order at 5:31 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 6:02 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 offered by President INVOCATION John Corey of the Church of Jesus Christ of Latter-Day Saints. 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 January 17, 2013 Executive Session and January 17, 2013 Clarification and Regular Council meeting. -PAYROLL AND (b) Payroll and materials claims for the month MATERIALS CLAIMS of January 2013 in the amount of $5,718,784.39. -FRIENDS OF THE (c) Confirm the Mayor’s reappointment of CEMETERY COMMITTEE Evelyn Robinson to continue her service as a REAPPOINTMENT member of the Friends of the Cemetery Committee. Ms. Robinson’s term will begin February 21, 2013 and will expire February 21, 2015. -OPEN SPACE (d) Confirm the Mayor’s appointment of John ADVISORY COMMITTEE Knapp to serve as a member of the Open Space APPOINTMENT Advisory Committee, replacing Judy Harmon who resigned. Mr. Knapp’s term will begin February 8, 2013 and will expire July 6, 2013. REGULAR CITY COUNCIL MEETING 2 FEBRUARY 7, 2013 -POCATELLO (e)Confirm the Mayor’s appointment of JoAn ARTS COUNCIL Dilweg to serve as a member of the Pocatello APPOINTMENT Arts Council, replacing Craig Worth who resigned. Dr. Dilweg’s term will begin February 8, 2013 and will expire September 8, 2015. -SCIENCE AND (f) Approve a Volunteer Agreement with Lucinda ENVIRONMENTAL Klein. Ms. Klein will assist the Science DIVISION VOLUNTEER and Environmental Division with stormwater AGREEMENT and other environmental management issues. The period of the agreement will be February 8, 2013 through August 31, 2014. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve the items on the consent agenda. Upon roll call, those voting in favor were Moore, Nye, Bray, Brown, Cooper and Johnston. AGENDA ITEM NO. 4: Mayor Blad announced that there were no COMMUNICATIONS AND communications or proclamations. PROCLAMATIONS Mayor Blad recognized boy scouts from Troop Nos. 171, 176, 174, 154 and 141. AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the CALENDAR February 14th Study Session at 9:00 a.m. and REVIEW the February 21st Regular Council meeting at 6:00 p.m. Mayor Blad announced that the Simplot Games would be held at the Holt Arena February 15th through February 17th; and City offices would be closed on February 18th in observance of President’s Day. However, garbage and recycling pick-up schedules would remain on schedule. Mayor Blad announced a Town Hall meeting would be held on February 25th at 6:00 p.m. in the City Council Chambers. Mr. Brown announced a fundraiser at Idaho State University would be held on February 16th at Frasier Hall Auditorium. Mr. Johnston announced a sesquicentennial kickoff celebration would be held on March 4th to commemorate the 150th anniversary of Idaho becoming a territory. AGENDA ITEM NO. 6: Idaho Lorax, Pocatello resident, expressed DISCUSSION ITEMS his concerns regarding citizen safety, FROM THE AUDIENCE public well being and expressed his support of the environmental fair and environmental efforts in the community. REGULAR CITY COUNCIL MEETING 3 FEBRUARY 7, 2013 AGENDA ITEM NO. 7: Council was asked to consider a request from RIGHT-OF-WAY USE the Bureau of Land Management, Idaho Falls LICENSE-SOUTH VALLEY District (mailing address: 1405 Hollipark CONNECTOR PROJECT Drive, Idaho Falls, ID 83401) for a right- of-way use license to allow access for a roadway and utilities to be located adjacent (north side) to the newly acquired right-of-way for the South Valley Connector Project between South 5th Avenue and Interstate 15. A motion was made by Mr. Bray, seconded by Mr. Johnston, to approve the request from the Bureau of Land Management (BLM) for a right- of-way use license to allow access for a roadway and utilities to be located adjacent on the north side to the newly acquired right- of-way for the South Valley Connector Project between South 5th Avenue and Interstate 15 with the following conditions: 1) the BLM, as a federal agency, will maintain self-insurance as set forth in the Federal Tort Claims Act, 28 U.S.C. Sections 2671-80, and that nothing in the permit waives any protections or defenses available to the United States or the City of Pocatello; 2) Limits of Federal Agency Obligation Authority-nothing contained in the permit shall be considered as binding the BLM to expend in any one fiscal year any sum in excess of appropriations made by Congress for the purposes of this agreement for that fiscal year, or other obligation for the further expenditure of money in excess of such appropriations; 3) Liability for actions of employees and agents- each party is responsible for any liability incurred as the result of the actions or negligence of its employees and agents acting on the party’s behalf; 4) BLM will construct and maintain the private roadway and utility access along with the private infrastructure to its property per the plans and specifications approved by the City Engineer; 5) the width of the roadway and utility corridor shall be negotiated to allow for the minimum access required for infrastructure and access; 6) the right-of-way use license shall be revocable upon the City’s need to use said right-of-way for the purpose of adding future infrastructure. The City shall provide the BLM a minimum of one year’s notice prior to final revocation of use permit. BLM shall release this right-of-way use license in the event it obtains another access to its real property; and 7) subject to Legal Department review. Joe Kraayenbrink, BLM representative, in response to questions from Council, stated the facility would be used as a team headquarters training facility for the “Hot Shots” BLM employees. He added this specialized crew is one of eleven specialized teams in the nation. Mr. Bray’s motion was voted upon at this time. Upon roll call, those voting in favor were Bray, Johnston, Brown, Cooper, Moore and Nye. REGULAR CITY COUNCIL MEETING 4 FEBRUARY 7, 2013 AGENDA ITEM NO. 8: Council was asked to accept the PIGGY-BACK BID recommendation of Police Department staff FOR POLICE VEHICLE and piggy-back the State of Idaho bid from Bonanza Motors to purchase a 2013 Dodge 4-wheel drive truck in the amount of $23,280.14. This vehicle will be used by the Detective Division and is within the budgeted amount. A motion was made by Mrs. Nye, seconded by Mr. Bray, to accept the recommendation of Police Department staff and piggy-back the State of Idaho bid from Bonanza Motors to purchase a 2013 Dodge 4-wheel drive truck in the amount of $23,280.14. Upon roll call, those voting in favor were Nye, Bray, Brown, Cooper, Johnston and Moore. AGENDA ITEM NO. 9: Council was asked to accept the USED VEHICLES BID recommendations of Police staff to purchase –POLICE DEPARTMENT the following vehicles, subject to Legal Department review, from Cole Chevrolet who submitted the lowest responsive bid for two used vehicles in the amount of $23,873.00. The recommendations are: 2012 CHEVROLET a) One-2012 Chevrolet Impala in the amount of IMPALA $16,174.00; and 2005 CHEVROLET b) One-2005 Chevrolet Trailblazer in the amount TRAILBLAZER of $7,699.00. If approved, staff proposed to trade-in three (3) older vehicles from the Detective Division and one (1) drug seizure vehicle to Cole Chevrolet for a total trade-in allowance of $7,500.00 to help off-set the purchase price. The total purchase price will be reduced to $16,373.00 and is within the budgeted amount. A motion was made by Mr. Bray, seconded by Mr. Cooper, to accept the recommendations of Police Department staff and purchase the following vehicles, subject to Legal Department review, from Cole Chevrolet who submitted the lowest responsive bid for two used vehicles in the amount of $23,873.00. The vehicles are: a) one- 2012 Chevrolet Impala in the amount of $16,174.00; and b) one-2005 Chevrolet Trailblazer in the amount of $7,699.00 and that three (3) older vehicles from the Detective Division and one (1) drug seizure vehicle will be traded in for a total trade-in allowance of $7,500.00 reducing the total purchase price to $16,373.00. Upon roll call, those voting in favor were Bray, Cooper, Brown, Johnston, Moore and Nye. AGENDA ITEM NO. 10: Council was asked to consider the following ORDINANCES ordinances: REGULAR CITY COUNCIL MEETING 5 FEBRUARY 7, 2013 –GENERAL (a) An ordinance authorizing the City to issue OBLIGATION BOND and sell up to $2,800,000.00 worth of ISSUANCE general obligation bonds, series 2013, including an authorization for the Mayor and City staff to execute all necessary documents to effect the sale of said bonds, for the purpose of providing funds to pay the cost of acquisition, construction and improvement of a new animal shelter and related facilities, and pursuant to the approval of City voters on the issue in November 2012. A motion was made by Mrs. Nye, seconded by Mr. Bray, that the ordinance, Agenda Item 10(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 Nye, Bray, Brown, Cooper, Johnston and Moore. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance authorizing the City to issue and sell up to $2,800,000.00 worth of general obligation bonds, series 2013, including an authorization for the Mayor and City staff to execute all necessary documents to effect the sale of said bonds, for the purpose of providing funds to pay the cost of acquisition, construction and improvement of a new animal shelter and related facilities, and pursuant to the approval of City voters on the issue in November 2012. 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 2917 and be submitted to the Idaho State Journal for publication. –BUILDING (b) An ordinance amending portions of Pocatello CODE AMENDMENT Municipal Code Title 15 Buildings and Construction to update code references and exceptions. The Building Official presented the proposed code revisions to the Building Contractors Association in January 2013. A motion was made by Mr. Bray, seconded by Mr. Moore, that the ordinance, Agenda Item 10(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 Bray, Moore, Brown, Cooper, Johnston and Nye. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance amending portions of Pocatello Municipal Code Title 15 Buildings and Construction to update code references and exceptions. Mayor Blad REGULAR CITY COUNCIL MEETING 6 FEBRUARY 7, 2013 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 2918 and be submitted to the Idaho State Journal for publication. There being no further business, Mayor Blad adjourned the meeting at 6:30 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK