City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2013 CLARIFICATION The City Council Agenda Clarification MEETING Meeting was called to order at 5:34 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 6:01 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 Karen Pease, INVOCATION representing the Bahai faith. 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 5, 2013. -TREASURER’S (b) Cash and investments as of August 31, 2013, REPORT in the amount of $28,894,770.17. -GOLF ADVISORY (c) Confirm the Mayor’s appointments of Louise COMMITTEE Bolliger and Roger Musser to serve as APPOINTMENTS members of the Golf Advisory Committee as representing the High River Women’s and Men’s Golf Associations, replacing Dolly Morrison and Randy Watson whose terms expired. Both terms will begin September 20, 2013 and will expire October 20, 2016. -POCATELLO ARTS (d) Confirm the Mayor’s appointment of Gene COUNCIL Wiggers to serve as a member of the APPOINTMENT Pocatello Arts Council, replacing Josephine Garibaldi who resigned. Mr. Wiggers’ term will begin September 20, 2013 and will expire January 16, 2016. REGULAR CITY COUNCIL MEETING 2 SEPTEMBER 19, 2013 -ANNUAL SCHOOL (e) Council may wish to approve the Annual DISTRICT NO 25 School District No. 25 Building/Facilities BUILDING/FACILITIES Usage Request from the Pocatello Parks & USEAGE-PARKS AND Recreation Department’s Team Sports Division RECREATION to School District No. 25 for use of designated gyms and athletic fields required for the successful completion of Team Sport Programs. 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: Mr. Bray, on behalf of Mayor Blad, COMMUNICATIONS AND proclaimed the week of September 17 through PROCLAMATIONS September 23, 2013 as Constitution Week in Pocatello and called upon the citizens of Pocatello to reaffirm the ideals of the Framers of the Constitution. Lynne Wride, representing the Daughters of the American Revolution, accepted the proclamation and thanked the Council for their support. AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the CALENDAR REVIEW October 3rd Regular Council meeting at 6:00 p.m.; the October 10th Study Session at 9:00 a.m.; the September 21st Child Safety Seat Inspections from 10:00 a.m. to 1:00 p.m. at the Pocatello Police Department parking lot; that tickets are on sale for Art for Food; and he wished Idaho State University and local high school football teams luck in their games. AGENDA ITEM NO. 6: Idaho Lorax, General Delivery, discussed DISCUSSION ITEMS his group’s upcoming public meetings, and FROM THE AUDIENCE then he sang a song addressing issues of concern to him. Charlene Young, 3744 Sandpiper Drive, introduced herself as a candidate for City Council Seat #6 and discussed an issue of concern to her. Niki Taysom, 4604 Burley Drive (Chubbuck), spoke regarding the United States flag, recent events in Washington, D.C. and asked the City Council to ban a list of items she felt were harmful. Kelly Benningfield, 624 West Cedar, spoke regarding the upcoming elections. He had concerns about statements made by Mayor Blad regarding stimulus funds. REGULAR CITY COUNCIL MEETING 3 SEPTEMBER 19, 2013 AGENDA ITEM NO. 7: This time was set aside for the Council to PUBLIC HEARING receive public comments on proposed Fiscal -PROPOSED FISCAL Year 2013 “September” budget amendments, YEAR 2013 SEPTEMBER as discussed at the Study Session of BUDGET AMENDMENTS September 12, 2013. Mayor Blad opened the public hearing. Jerry Higgins, City Treasurer, reviewed the amendments to the Fiscal Year budget. He explained the City received new revenue from reimbursements, transfers and grants for the expenditures, so the budget has to be amended to reflect these items. He stated no written correspondence was received. Niki Taysom, 4604 Burley Drive (Chubbuck), spoke in opposition to the amendments. 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 2013 “September” Budget Amendments. AGENDA ITEM NO. 8: This time was set aside for the Council to PUBLIC HEARING receive public comments from the public –AMENDMENT TO THE regarding a request to amend Section Five AIRPORT MASTER PLAN (5), Table One (1), Land Use Matrix of the Airport Master Plan. The Planning and Zoning Commission, at their hearing held on August 28, 2013, recommended approval of the request. Mayor Blad opened the public hearing. David Foster, Associate Planner, reviewed the request to amend the Land Use Matrix in the Pocatello Airport Master Plan. He stated the amendments would specifically affect the “Airport Light Industry and Manufacturing” and “Airport Warehouse/Distribution” sub-area zones. The changes would increase the flexibility of the zones by allowing some uses outright while others would require a conditional use permit. He noted the text amendment request was initiated at the request of the Airport Commission and that following a public hearing on August 28, 2013, the Planning & Zoning Commission recommended approval of the request. Mr. Foster stated they have received no additional correspondence. Niki Taysom, 4604 Burley Drive (Chubbuck), spoke in opposition to amending the Airport Master Plan. There being no further public comments Mayor Blad closed the public hearing. REGULAR CITY COUNCIL MEETING 4 SEPTEMBER 19, 2013 AGENDA ITEM NO. 9: This time was set aside for the Council to PUBLIC HEARING receive comments from the public regarding –AIRPORT PROPERTY a request to rezone property located at REZONE the junction of East County Road, Airport Way and Interstate 86. The property is located in an Airport Warehouse/Distribution zoning district and the request is to rezone the property to Airport Light Industry and Manufacturing. The Planning and Zoning Commission, at their hearing held on August 28, 2013, recommended approval of the request. Mayor Blad opened the public hearing. David Foster, Associate Planner, reviewed the request to change the zoning from sub-area zone “Warehouse/Distribution” to sub-area zone “Light Industry & Manufacturing” on 27.4 acres of property located between Interstate 86 and East County Road lying southeast of the overpass connecting East County Road and Airport Way. He noted the rezone would not affect the 100 foot open space buffer along the Interstate frontage. The new zoning would allow uses presented in the text amendment to the Airport Master Plan and expand opportunities for development of the land. He noted the rezone request was initiated at the request of the Airport Commission and that following a public hearing on August 28, 2013, the Planning & Zoning Commission recommended approval of the rezone. Mr. Foster stated they have received no additional correspondence. Niki Taysom, 4604 Burley Drive (Chubbuck), spoke in opposition to the request to rezone. There being no further public comments Mayor Blad closed the public hearing. AGENDA ITEM NO. 10: Terry Harrelson (mailing address: 446 CENTER STREET North 6th Avenue, Pocatello ID 83201) UNDERPASS ART PROJECT requested permission to allow murals to be painted in the Center Street Underpass pedestrian tunnels. The Historic Preservation Commission, at their hearing on August 21, 2013, recommended approval of the request with conditions. A motion was made by Mr. Bray, seconded by Mrs. Nye, to approve the request to allow murals to be painted in the Center Street Underpass pedestrian tunnels with the following conditions: 1) a “governing body” overseeing the art project shall be created, with membership subject to review and approval by the Pocatello City Council; 2) rules governing the content of the art (e.g., profanity, pornography), length of time for display, kind of paint to be used, etc., shall be created and shall be subject to review REGULAR CITY COUNCIL MEETING 5 SEPTEMBER 19, 2013 and approval by the Pocatello City Council; 3) all art proposals shall be reviewed and approved by the governing body and shall meet all established rules; 4) no projecting materials, such as rocks, glass, etc., are permitted as part of the art creation; 5) documentation must be provided from the Pocatello Police Department that the paint will not disrupt the ability to see the tunnels via the closed circuit camera system; 6) the applicant will provide the appropriate liability insurance; and 7) applicant is responsible for the costs of the paint and labor to cover the art if the conditions as outlined by the governing body are not met. Upon roll call, those voting in favor were Bray, Nye, Brown, Cooper, Johnston and Moore. AGENDA ITEM NO. 11: Council was asked to accept the BID-SANITATION recommendation of staff and award the bid DEPARTMENT for one (1) 2014 cab/chassis with Galbreath roll-off hoist to Rush Truck Centers in the amount of $160,744.00 and authorize the Mayor to sign all necessary documents. A motion was made by Mrs. Nye, seconded by Mr. Brown, to accept the recommendation of staff and award the bid for one (1) 2014 cab/chassis with Galbreath roll-off hoist to Rush Truck Centers in the amount of $160,744.00 and authorize the Mayor to sign all necessary documents. Upon roll call, those voting in favor were Nye, Brown, Bray, Cooper, Johnston and Moore. AGENDA ITEM NO. 12: Council was asked to authorize the GRANT APPLICATION submission of the following grant and authorize the Mayor to accept the grant, if awarded, and sign any necessary documents or subcontracts. There is no matching requirement for the grant. PLANNING AND (a) Fiscal Year 2014 Certified Local DEVELOPMENT SERVICES Government Grant from the Idaho State Historical Preservation Office. The grant is in the amount of $7,500.00 and will be used for the following: 1) $2,000.00 to send a Historic Preservation Commission member to national training; and 2) $5,500.00 for reconnaissance surveys to add two new residential historic districts. A motion was made by Mr. Bray, seconded by Mr. Brown, to authorize submission of a Fiscal Year 2014 Certified Local Government Grant from the Idaho State Historical Preservation Office in the amount of $7,500.00 and authorize the Mayor to accept the grant, if awarded, and sign any necessary documents or subcontracts. Upon roll call, those voting in favor were Bray, Brown, Cooper, Johnston, Moore and Nye. REGULAR CITY COUNCIL MEETING 6 SEPTEMBER 19, 2013 AGENDA ITEM NO. 13: Council was asked to approve the adoption COLLECTIVE BARGAINING of the Fiscal Year 2014-2015 Collective AGREEMENT-POCATELLO Bargaining Agreement for the Pocatello FIREFIGHTERS UNION Firefighters Local No. 187. A motion was made by Mr. Moore, seconded by Mr. Bray, to approve the adoption of the Fiscal Year 2014-2015 Collective Bargaining Agreement for the Pocatello Firefighters Local No. 187. Upon roll call, those voting in favor were Moore, Bray, Brown, Cooper, Johnston and Nye. AGENDA ITEM NO. 14: Council was asked to ratify a Memorandum RATIFICATION-FIRE of Understanding (MOU) to allow the buy UNION MOU REDUCTION back of Compensatory Time as negotiated IN COMPENSATORY TIME with the Fire Union. A motion was made by Mr. Moore, seconded by Mr. Cooper, to approve the ratification of a Memorandum of Understanding (MOU) to allow the buy back of Compensatory Time as negotiated with the Fire Union. Upon roll call, those voting in favor were Moore, Cooper, Bray, Brown, Johnston and Nye. AGENDA ITEM NO. 15: Council was asked to authorize the Mayor’s AGREEMENT signature on an Agreement with the –INTERNATIONAL International Association of Chiefs of ASSOCIATION OF Police, Inc. wherein the Association CHIEFS OF POLICE, INC. provides assessment center procedures to assist the Pocatello Police Department in selecting individuals to serve in various command positions. The cost is $23,500.00 plus reimbursable direct expenses provided for in the agreement. Said costs are budgeted and the agreement is a renewal from last year under the same terms. A motion was made by Mr. Moore, seconded by Mrs. Nye, to authorize the Mayor’s signature on an Agreement with the International Association of Chiefs of Police, Inc. wherein the Association will provide assessment center procedures to assist the Pocatello Police Department in selecting individuals to serve in various command positions and that the cost will be $23,500.00 plus reimbursable direct expenses provided for in the agreement. Upon roll call, those voting in favor were Moore, Nye, Bray, Brown, Cooper and Johnston. AGENDA ITEM NO. 16: Council was asked to approve the adoption COLLECTIVE BARGAINING of the Fiscal Year 2014-2015 Collective AGREEMENT-POCATELLO Bargaining Agreement for the Gate City POLICE UNION Mechanics Local Lodge No. 1933 (Pocatello Police Officers). A motion was made by Mr. Bray, seconded by Mr. Cooper, to approve the adoption of the Fiscal Year 2014-2015 Collective Bargaining REGULAR CITY COUNCIL MEETING 7 SEPTEMBER 19, 2013 Agreement for the Gate City Mechanics Local Lodge No. 1933 (Pocatello Police Officers). Upon roll call, those voting in favor were Bray, Cooper, Brown, Johnston, Moore and Nye. AGENDA ITEM NO. 17: Council was asked to approve a Use POCATELLO MOTOCROSS Agreement between the City and Rick C. AGREEMENT-AIRPORT Morrison, dba Pocatello Motocross Park, for the use of City property adjacent to the Motocross Park’s leased property for a one-day enduro cross country event on October 5, 2013. The use fee will be $105.00. A motion was made by Mr. Johnston, seconded by Mr. Brown, to approve a Use Agreement between the City and Rick C. Morrison, dba Pocatello Motocross Park, for the use of City property adjacent to the Motocross Park’s leased property for a one-day enduro cross country event on October 5, 2013 and that the use fee will be $105.00. Upon roll call, those voting in favor were Johnston, Brown, Bray, Cooper, Moore and Nye. AGENDA ITEM NO. 18: Council was asked to consider an ordinance ORDINANCE approving an amendment to the Fiscal Year –AMENDMENT OF 2013 Appropriation Ordinance. FISCAL YEAR 2013 APPROPRIATION A motion was made by Mrs. Nye, seconded by Mr. Johnston, that the ordinance, Agenda Item 18, 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 Nye, Johnston, Bray, Brown, Cooper and Moore. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the Amendment of Fiscal Year 2013 Appropriation Ordinance. 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 passed, that it be numbered 2928 and the full ordinance be submitted to the Idaho State Journal for publication. There being no further business Mayor Blad adjourned the meeting at 6:43 p.m. APPROVED: BRIAN C. BLAD, MAYOR REGULAR CITY COUNCIL MEETING 8 SEPTEMBER 19, 2013 ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: ANNE L. NICHOLS, CAP-OM, ASSISTANT TO THE MAYOR