City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING DECEMBER 5, 2013 CLARIFICATION The City Council Agenda Clarification MEETING Meeting was called to order at 5:34 p.m. by Council President Roger Bray. Council members present were Steve Brown, Craig Cooper, Jim Johnston and Eva Johnson Nye. Council member Gary Moore and Mayor Brian Blad were 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 Council President PLEDGE OF Roger Bray. Council members present were ALLEGIANCE Craig Cooper, Jim Johnston and Eva Johnson Nye. Council member Gary Moore and Mayor Brian Blad were excused. Council President Roger Bray led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was offered by Mike Powell, INVOCATION University Bible Church. 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 November 21, 2013 Executive Session. -PAYROLL AND (b) Payroll and materials claims for the month MATERIALS CLAIMS of November, 2013 in the amount of $5,717,431.62. -AMERICANS WITH (c) Confirm the Mayor’s appointment of Jennifer DISABILITIES ACT Putnam to serve as a member of the ADA (ADA) GRIEVANCE Grievance Committee, replacing Jim Birdsong COMMITTEE who resigned. Ms. Putnam’s term will begin APPOINTMENT December 6, 2013 and will expire December 6, 2015. -HISTORIC (d) Confirm the Mayor’s reappointment of Nick PRESERVATION Nielson to serve as a member of the COMMISSION Historic Preservation Commission, replacing APPOINTMENT Devin Hillman who resigned. Mr. Nielson’s term will begin December 6, 2013 and will expire July 3, 2015. REGULAR CITY COUNCIL MEETING 2 DECEMBER 5, 2013 -RESOLUTION (e) Adopt a resolution (2013-16) approving and PFD-STRATEGIC adopting the Pocatello Fire Department’s PLAN (PFD) Strategic Plan, dated 2014-2019 and all future revisions thereto. -COUNCIL DECISION (f) Adopt the Council’s decision approving BENGAL VIEW DRIVE Intermountain Development Group Parkside, Inc. a/k/a, IDG Parkside, Inc.’s request to vacate 133 square feet of platted right-of- way on Bengal View Drive and conveyance to the adjacent property owner, IDG Parkside, Inc. In addition, the decision approves the waiver of an appraisal requirement due to the small size of the vacated right-of-way. An ordinance has been prepared for consideration at the end of the agenda. -COUNCIL DECISION (g) Adopt the Council’s decision to adopt it’s COUNTRYSIDE 6th second amended decision approving the Final ADDITION FINAL Plat for Countryside 6th Addition which PLAT divides 3.0 acres into eight (8) residential lots, subject to conditions. The property is situated south of Country Club Drive between Countryside 4th Addition (east of Ethan’s Way) and Countryside 5th Addition (west of Mountain Shadow Drive). -COUNCIL DECISION (h) Adopt the Council’s decision affirming the AFFIRMING HEARING Hearing Examiner’s decision to deny comfort EXAMINER’S DECISION Care Dental’s request for a sign exception COMFORT CARE and Comfort Care’s redesign of the sign DENTAL SIGN exception request as presented at the EXCEPTION regular City Council meeting held on November 21, 2013. A motion was made by Mr. Johnston, seconded by Mrs. Nye, to approve the items on the consent agenda. Upon roll call, those voting in favor were Johnston, Nye, Bray, Brown and Cooper. AGENDA ITEM NO. 4: Mr. Bray announced that there were no COMMUNICATIONS OR communications or proclamations. PROCLAMATIONS AGENDA ITEM NO. 5: Mr. Bray reminded the Council of the CALENDAR December 12th Study Session at 9:00 a.m. REVIEW immediately followed by an Executive Session and the December 19th Regular Council meeting at 6:00 p.m. Mr. Bray announced the Festival of Trees at Stephens Performing REGULAR CITY COUNCIL MEETING 3 DECEMBER 5, 2013 Arts Center on December 4th through December 7th; the Animal Shelter off-site adoption celebration “Share the Love Event” will take place on December 14th from 11:00 a.m. to 4:00 p.m. at Phil Meador Subaru; Public Transit will have the 26th Annual Holiday Lights tour on December 19th and 20th; 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. AGENDA ITEM NO. 6: Nikki Taysom, 4604 Burley Drive, shared DISCUSSION ITEMS her feelings regarding the Thanksgiving Holiday. Ms. Taysom also shared her concerns regarding the Open Meeting Law. Kelly Benningfield, 624 West Cedar Street, shared his concerns regarding the availability of Federal funding and grants for Pocatello. Cash Anderson, 420 S. 6th Avenue, expressed his support for a smoke free Idaho. Matt Williams, 2607 Butte Street, expressed his support for establishing smoke free work environments for workers in Idaho. AGENDA ITEM NO. 7: Council was asked to accept the -EQUIPMENT BIDS recommendation of staff and award the STREET OPERATIONS following bids for Street Operations equipment, and if awarded, authorize the Mayor to sign the necessary documents subject to Legal Department review. The recommendations are: TANDEM DRUM a) Western States Equipment Company in the PIVOT STEER amount of $136,518.00 with a 2009 CAT 140M VIBRATORY Motor Grader trade-in value of $155,000.00. ROLLER Council may choose to either seek financing or do a lease/purchase over five (5) years or pay cash for the roller in the amount of $136,518.00. The roller is included in the Fiscal Year 2014 budget as a lease purchase. If approved to pay cash, a Fiscal Year 2014 mid-year budget amendment will be proposed; and HALF ROUND b) Metroquip in the amount of $45,445.00 for a END DUMP 2013 half round end dump trailer. TRAILER The dump trailer is included in the Fiscal Year 2014 budget. A motion was made by Ms. Nye, seconded by Mr. Brown, to accept the recommendation of staff and award the bids for Street Operations REGULAR CITY COUNCIL MEETING 4 DECEMBER 5, 2013 equipment to Western States Equipment Company in the amount of $136,518.00 for a 2009 CAT 140M Motor Grader trade-in value of $155,000.00 and to pay cash for the roller; and Metroquip in the amount of $45,445.00, for a 2013 half round end dump trailer subject to Legal Department review. Upon roll call, those voting in favor were Nye, Brown, Bray, Cooper and Johnston. AGENDA ITEM NO. 8: Council was asked to accept the PIGGY BACK BID recommendation of staff and award a piggy -STREET OPERATIONS back bid off of the State of Idaho MOTOR GRADER Idaho Transportation and, if awarded, authorize the Mayor to sign the necessary documents subject to Legal Department review, for a 2013 John Deere 772GP Motor Grader. The bid offered is $238,467.00 from Honnen Equipment Company. Cost for the Motor grader was approved as a lease item in the Fiscal Year 2014 budget and will be for sixty (60) months. A motion was made by Mr. Brown, seconded by Mr. Johnston, to accept the recommendation of staff and award the bid from Honnen Equipment Company in the amount of $238,467.00, for a 2013 John Deere 772GP Motor Grader, subject to Legal Department review. Upon roll call, those voting in favor were Brown, Johnston, Bray, Cooper and Nye. AGENDA ITEM NO. 9: Council was asked to accept the FORD INTERCEPTOR recommendation of staff and award the bid SEDANS BID from Courtesy Ford for the following -POLICE DEPARTMENT vehicles and if awarded, authorize the Mayor to sign the necessary documents subject to Legal Department review. FORD INTERCEPTOR a) Four (4) in the amount of $108,524.00; SEDANS FORD INTERCEPTOR b) Two (2) in the amount of $53,398.00; and SUV FORD INTERCEPTOR c) One (1) in the amount of $27,309.00. SPECIAL EQUIPPED SUV For a total bid in the amount of $189,231.00. Purchase of the Police Vehicles are included in the Fiscal Year 2014 budget. A motion was made by Ms. Nye, seconded by Mr. Johnston, to accept the recommendation of staff and award Courtesy Ford the bid for four (4) Ford Interceptor SUVs in the amount of $108,524.00; two REGULAR CITY COUNCIL MEETING 5 DECEMBER 5, 2013 (2) Ford Interceptor SUVs in the amount of $53,398.00; and one (1) additionally equipped Ford Interceptor SUV in the amount of $27,309.00, and authorize the Mayor’s signature on the necessary documents, subject to Legal Department review. Upon roll call, those voting in favor were Nye, Johnston, Bray, Brown and Cooper. AGENDA ITEM NO. 10: Council was asked to authorize the Mayor to FLEET SERVICE sign an agreement with Autocar, LLC to allow AGREEMENT WITH the Sanitation Department to perform AUTOCAR, LLC warranty repairs, service programs and -SANITATION recalls on Autocar vehicles owned by the City of Pocatello. A motion was made by Mr. Johnston, seconded by Mr. Cooper, to authorize the Mayor to sign an agreement with Autocar, LLC to allow the Sanitation Department to perform the warranty repairs, service programs and recalls on Autocar vehicles owned by the City of Pocatello, subject to Legal Department review. Upon roll call, those voting in favor were Johnston, Cooper, Bray, Brown and Nye. AGENDA ITEM NO. 11: Council was asked to approve modifications CITY EMPLOYEE to the following City Employee benefit BENEFIT PLANS plans, as a result of requirements related -MODIFICATIONS to Health Care Reform, subject to Legal Department review; SECTION 125 a) Amendment to the Flexible Benefits Plan FLEXIBLE BENEFIT allowing up to $500.00 of employee deferred PLAN medical flexible account elections to be carried over to the following fiscal year; VISION SERVICE b) New premium schedule for Vision Service Plan PLAN RATE starting January 1, 2014 to cover increased INCREASE rates; and HRA VEBA c) Adopt a resolution (2013-17) approving an EMPLOYER PLAN agreement adopting changes to the City’s HRA VEBA Plan. A motion was made by Mr. Johnston, seconded by Mr. Cooper, to approve the modifications to the City Employee benefit plans Agenda Item 11 (a) through (c), subject to Legal Department review. Upon roll call, those voting in favor were Johnston, Cooper, Bray, Brown and Nye. AGENDA ITEM NO. 12: Council was asked to adopt a resolution and ITD GRANT authorize the Mayor to sign an agreement AGREEMENT/RESOLUTION accepting a grant offer, subject to Legal REGULAR CITY COUNCIL MEETING 6 DECEMBER 5, 2013 -AIRPORT Department review, from the Idaho Transportion Department Division of Aeronautics. The grant is for $25,000.00 to reimburse expenses incurred on the rehabilitation of runway 17/35 and requires an initial City expenditure of $50,000.00 which was incurred using Airport Passenger Facility funds already allocated to the project. A motion was made by Mr. Brown, seconded by Ms. Nye, to accept the grant from Idaho Transportation Department Division of Aeronautics in the amount of $25,000.00 to reimburse expenses incurred on the rehabilitation of runway 17/35, subject to Legal Department review. Upon roll call, those voting in favor were Brown, Nye, Bray, Cooper and Johnston. Mr. Bray announced that public comments would be received as outlined in the legal notice published in the Idaho State Journal for Agenda Items No. 13 and 14 regarding Pocatello Public Transit programs. AGENDA ITEM NO. 13: This time was set aside for the Council to FISCAL YEAR 2014 receive comments from the public regarding GRANT APPLICATION the Fiscal Year 2014 Grant Application and TRANSIT authorize the Mayor and City Attorney to PIN the Grant Certifications, and authorize the Public Transit Director, subject to Legal Department review, to PIN the application and execution modification to the grant as required. Mr. Bray opened the public hearing. Dave Hunt, Transit Department Director, gave an overview of the grant. Mr. Bray announced no written correspondence had been received. Nikki Taysom, 4604 Burley Drive, spoke in opposition to the grant application. She feels it is a misuse of public funds to pay for transportation. Dave Hunt, Transportation Department Director, stated his office is always open to discuss ways to reduce spending. There being no further public comments, Mr. Bray closed the public hearing. REGULAR CITY COUNCIL MEETING 7 DECEMBER 5, 2013 A motion was made by Ms. Nye, seconded by Mr. Johnston, to authorize the Mayor and City Attorney to PIN the Grant Certifications, and authorize the Public Transit Director to PIN the application and execution modification to the grant, subject to Legal Department review. Upon roll call, those voting in favor were Nye, Johnston, Bray, and Brown. Mr. Cooper voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 14: This time was set aside for the Council to FISCAL YEAR 2014 receive comments from the public regarding GRANT APPLICATION submittal of the Fiscal Year 2014 Section -TRANSIT 5310, 5311 and 5311(f) Rural Transit Grant Applications, in the amount of $994,830.00, and if the grants are awarded, authorize the appropriate procedures to accept the grants, subject to Legal Department review. Additionally, the Council may wish to authorize the Public Transit Director to accept modifications to the grants as required. No City funds are required for a match. Mr. Bray opened the public hearing. Dave Hunt, Transit Department Director, gave an overview of the Grant Applications. In response to questions from Council, Mr. Hunt stated that persons with disabilities, mobility challenges and aged 60 and above will benefit from transportation services. Nikki Taysom, 4604 Burley Drive, spoke in opposition to the grant application. She feels it is a misuse of public funds to pay for transportation outside of the city limits, and the public sector can provide this service. Mr. Hunt clarified that no City funds are used for transportation outside the city limits. There being no further public comments, Mr. Bray closed the public hearing. A motion was made by Mr. Brown, seconded by Mr. Johnston, to approve the Fiscal Year 2014 Section 5310, 5311 and 5311(f) Rural Transit Grant Applications, in the amount of $994,830.00, subject to Legal Department review, and authorize the appropriate procedures to accept the grants, authorize the Public Transit Director to accept modifications to the grants as required. Upon REGULAR CITY COUNCIL MEETING 8 DECEMBER 5, 2013 roll call, those voting in favor were Brown, Johnston, Bray and Nye. Mr. Cooper voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 15: Council was asked to consider an ordinance ORDINANCES vacating a portion of the Bengal View Drive BENGAL VIEW right-of-way, approximately 133 square feet, DRIVE as provided for in the Parkside Townhouses RIGHT-OF-WAY Division 1 Plat, and transferring said right-of-way to the adjoining property owner, Intermountain Development Group Parkside, Inc. a/k/a, IDG Parkside, Inc. said vacation was approved by Council on November 7, 2013. A motion was made by Mr. Johnston, seconded by Ms. Nye, that the ordinance, Agenda Item 15, 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 Johnston, Nye, Bray, Brown and Cooper. Dean Tranmer, City Attorney, read the ordinance by title. Mr. Bray declared the final reading of an ordinance vacating a portion of the Bengal View Drive right-of-way, approximately 133 square feet, as provided for in the Parkside Townhouses Division 1 Plat, and transferring said right-of-way to the adjoining property owner, Intermountain Development Group Parkside, Inc. a/k/a, IDG Parkside, Inc. said vacation was approved by Council on November 7, 2013. Mr. Bray asked “Shall the ordinance pass?” Upon roll call, those voting in favor were Bray, Brown, Cooper, Johnston and Nye. Mr. Bray declared the ordinance passed, that it be numbered 2929 and the full ordinance be submitted to the Idaho State Journal for publication. There being no further business, Mr. Bray adjourned the meeting at 6:57 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: REGULAR CITY COUNCIL MEETING 9 DECEMBER 5, 2013 RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KASEY GUTHRIE, ADMINISTRATIVE ASSISTANT