City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING DECEMBER 19, 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, 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 6:06 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. AGENDA ITEM NO. 2: The invocation was given by Rick Parker, INVOCATION a representative 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) Council was asked to waive the oral reading of the minutes and approve the minutes from the Clarification and Regular Council meetings of November 7, and November 21, 2013; the November 14, 2013 Study Session; and December 12, 2013 Executive Session. -TREASURER’S (b) Treasurer’s Report for November, showing REPORT cash and investments as of November 30, 2013 in the amount of $23,679,022.85. -CONSTRUCTION (c) Confirm the Mayor’s appointment of Terry BOARD OF APPEALS Swallow to serve as a member of the APPOINTMENT Construction Board of Appeals, replacing Ken Stratford whose term expired. Mr. Swallow’s term will begin January 1, 2014 and will expire December 31, 2015. -CONSTRUCTION (d) Confirm the Mayor’s reappointments of BOARD OF APPEALS Michael Bright and Roger Sears to continue REAPPOINTMENTS their service as members of the Construction Board of Appeals and Review. Both terms will begin December 31, 2013 and will expire December 31, 2015. REGULAR CITY COUNCIL MEETING 2 DECEMBER 19, 2013 -2013 ROAD AND (e)Approve the 2013 Road and Street Financial STREET FINANCIAL Report. The report accounts for the City’s REPORT use of state highway user dollars during the past fiscal year to the Idaho State Controller as required by state law. -DICK’S SPORTING (f) Approve an agreement with Dick’s Sporting GOODS DONATION Goods for a Parks and Recreation Team Sports AGREEMENT Division Holiday Hoopla Special Event on December 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, Cooper and Moore. AGENDA ITEM NO. 4: Mayor Blad announced that there were no COMMUNICATIONS AND communications or proclamations. PROCLAMATIONS Mayor Blad recognized members of Scout Troop No. 336 in attendance. AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the CALENDAR REVIEW January 2nd Regular Council meeting at 6:00 p.m. and the January 9th Study Session at 9:00 a.m. Mayor Blad announced that the Parks and Recreation Holiday Hoopla Free Throw Contest is scheduled to be held at 2:00 p.m. at Dick’s Sporting Goods on December 21st; City offices will be closed on Wednesday, December 25th and January 1st to observe the Christmas and New Year’s holidays. Garbage and recycling collection for Wednesday, Thursday and Friday of those weeks will be one day behind; there will be special garbage pick-up for Christmas over flow December 26th through December 31st; Christmas tree collection boxes will be provided at City Hall, Rainey Park and Sister City Park for Christmas tree disposal December 26th through January 7th; and there will be a reception for Council member Roger Bray recognizing his service to the City on January 2nd from 4:00 p.m. to 5:00 p.m. in the Council Chambers. AGENDA ITEM NO. 6: Niki Taysom, 4604 Burley Drive, Chubbuck, DISCUSSION ITEMS shared her concerns regarding the Idaho Open FROM THE AUDIENCE Meeting law and transit services. Idaho Lorax, Pocatello resident, shared his feelings regarding environmental issues and submitted a request for Council Select funds to support a community group which he is a member. Kelly Benningfield, 624 West Cedar Street, shared his concerns regarding inaccurate information and rumors in the community such REGULAR CITY COUNCIL MEETING 3 DECEMBER 19, 2013 as insurance funds from the Chief Theater fire. He encouraged the Council to correct wrong information when it is presented at meetings. Al Tetz, 29 Colgate Street, shared his concerns regarding connection fees and asked the Council to continue the dialogue as they consider user fees. AGENDA ITEM NO. 7: This time was set aside for the Council to PUBLIC HEARING receive public comments on the proposed -PROPOSED PROGRAM Community Development Block Grant (CDBG) YEAR 2014 COMMUNITY program Year 2014 Annual Action Plan. The DEVELOPMENT BLOCK CDBG Advisory Committee recently concluded GRANT ANNUAL its annual grant application process and recommends approval of the submitted plan. Finding requests exceeded the anticipated allocation by $21,552.00. Following the hearing, the Council may wish to endorse or modify the Advisory Committee’s recommendations and authorize submission, including any public comments, of the Action Plan to the Department of Housing and Urban Development (HUD). The Council may also wish to authorize the Mayor’s signature on all requisite contract documents, subject to Legal Department review, with HUD and any subrecipients or contractors. Mayor Blad opened the public hearing. Melanie Gygli, Neighborhood and Community Services Division Manager, gave an overview of the Annual Action Plan. She noted the action plan was built assuming a similar allocation to the current program year of $370,000.00, but the actual amount had not been determined. Ms. Gygli stated the City’s sidewalk repair program was cut to meet the anticipated allocation and recommendations were submitted regarding subrecipient requests. Mayor Blad announced no written comments had been received. In response to a question by Mrs. Nye, Ms. Gygli stated allocations regarding sidewalk repairs are first assigned to the low to moderate-income areas which have sidewalks in disrepair and are considered code enforcement violations. She added that damaged or deteriorating sidewalks in neighborhoods which do not qualify to be low to moderate income areas are the responsibility of the homeowner adjacent to the sidewalk for repair and/or replacement. Ms. Gygli clarified that according to federal regulations, when working in the right-of-way, the neighborhood as a whole must be classified as low to moderate income rather than the income classification of the individual property owner. REGULAR CITY COUNCIL MEETING 4 DECEMBER 19, 2013 Niki Taysom, 4604 Burley Drive, Chubbuck, spoke in opposition to the proposed Action Plan and feels it is not the taxpayer’s responsibility to use public funds for private activities. There being no further public comments, Mayor Blad closed the public hearing. A motion was made by Mrs. Nye, seconded by Mr. Bray, to endorse the Advisory Committee’s recommendations and authorize submission, including any public comments, of the Action Plan to the Department of Housing and Urban Development (HUD) and authorize the Mayor’s signature on all requisite contract documents, subject to Legal Department review, with HUD and any subrecipients or contractors. Upon roll call, those voting in favor were Nye, Bray, Brown, Cooper, Johnston and Moore. AGENDA ITEM NO. 8: Pocatello Neighborhood Housing Services CDBG ACQUISITION (PNHS) requested forgiveness of PROGRAM AMENDMENT approximately 80 percent ($79,563.00) of the REQUEST amounts for which the City would receive deeds of trust from the first owners of new infill homes constructed by PNHS during program Years 2013 and 2014. This request would affect only CDBG program income. Neighborhood and Community Services staff and the Credit Committee recommended approval; and the CDBG Advisory Committee recommends approval only for Program Year 2013. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve the request to forgive $79,563.00 of the amounts for which the City would receive deeds of trust from the first owners of new infill homes constructed by PNHS during program Years 2013 and 2014. Upon roll call, those voting in favor were Moore, Nye, Bray, Brown and Johnston. Mr. Cooper voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 9: Council was asked to consider a request from JUSTICE FOR IDAHO Justice For Idaho Citizens, Inc. (JICI), CITIZENS, INC. (mailing address: P.O. Box 490, Pocatello, REQUEST Idaho 83204) for $10,000.00 to assist with JICI’s efforts to defend the rights of citizens regarding property issues. A motion was made by Mr. Moore, seconded by Mr. Johnston, to approve a request from Justice for Idaho citizens, Inc. (JICI) for $10,000.00 to assist with JICI’s efforts to defend the rights of citizens regarding property issues. Mr. Bray recused himself from voting on the motion. REGULAR CITY COUNCIL MEETING 5 DECEMBER 19, 2013 Mr. Moore’s motion was voted upon at this time. Upon roll call, those voting in favor were Moore, Johnston, Brown, Cooper and Nye. AGENDA ITEM NO. 10: Council was asked to authorize the execution USE AGREEMENT of a Use Agreement, subject to Legal –BONNEVILLE Department review, with Bonneville Blueprint BLUEPRINT Supply, Inc., (BBP) (Mailing address: 1802 SUPPLY, INC. Curtis Avenue, Idaho Falls, ID 83402) wherein BBP will install a GPS base station at City Hall for their customers as well as City employees. Since City Hall will accommodate the GPS base station, BBP is waiving the City’s user fee for two licenses on the system. A motion was made by Mr. Bray, seconded by Mr. Cooper, to authorize the execution of a Use Agreement, subject to Legal Department review, with Bonneville Blueprint Supply, Inc., (BBP) wherein BBP will install a GPS base station at City Hall for their customers as well as City employees and that BBP will waive the City’s user fee for two licenses on the system. Upon roll call, those voting in favor were Bray, Cooper, Brown, Johnston, Moore and Nye. AGENDA ITEM NO. 11: Council was asked to approve and authorize AGREEMENTS FOR execution of two proposed agreements for the WORKER’S City’s self-funded worker’s compensation COMPENSATION insurance for the term of January 1, 2014 SELF-INSURANCE through December 31, 2014. The agreements are: MORETON AND a) Moreton & Company (agent) for an annual fee COMPANY of $30,900.00; and SAFETY NATIONAL b) Safety National (Excess Insurance Carrier), with an annual policy premium of $68,935.00, subject to Legal Department review. Both annual fees are included in the Fiscal Year 2014 budget A motion was made by Mr. Bray, seconded by Mr. Moore, to approve and authorize execution of two proposed agreements for the City’s self-funded worker’s compensation insurance for the term of January 1, 2014 through December 31, 2014. The agreements are: a) Moreton & Company (agent) for an annual fee of $30,900.00; and b) Safety National (Excess Insurance Carrier), with an annual policy premium of $68,935.00, subject to Legal Department review. Upon roll call, those voting in favor were Bray, Moore, Brown, Cooper, Johnston and Nye. REGULAR CITY COUNCIL MEETING 6 DECEMBER 19, 2013 AGENDA ITEM NO. 12: Council was asked to authorize the ECONOMIC submission of a grant to the Economic DEVELOPMENT Development Association, and authorize the ASSOCIATION GRANT Mayor to sign documents related to the –AIRPORT grant, subject to Legal Department review. The grant application includes costs for a Grant Writer/Administration fee and the Pocatello Development Authority has agreed to pay the application fee of $10,000.00 through the Airport’s tax increment financing fund. The grant will be used for infrastructure work at the Airport. A motion was made by Mrs. Nye, seconded by Mr. Brown, to authorize the submission of a grant to the Economic Development Association, and authorize the Mayor to sign documents related to the grant, subject to Legal Department review, for costs for a Grant Writer/Administration fee. Upon roll call, those voting in favor were Nye, Brown, Bray, Cooper, Johnston and Moore. AGENDA ITEM NO. 13: Council was asked to adopt a resolution RESOLUTION AND and approve a Cooperative Agreement with COOPERATIVE Idaho Transportation Department (ITD), AGREEMENT-ITD subject to Legal Department review, for City YELLOWSTONE AVENUE water and sewer line upgrades in conjunction WATER/SEWER LINE with ITD’s reconstruction of Yellowstone PROJECT Avenue between Cedar Street and Flandro Drive. Once bids are received, if the City’s portion of the upgrade project exceeds the Engineer’s estimate of $823,378.00 by more than 10%, the City has the right to terminate the agreement. A motion was made by Mr. Moore, seconded by Mr. Bray, to adopt a resolution (2013-19) and approve a Cooperative Agreement with Idaho Transportation Department (ITD), subject to Legal Department review, for City water and sewer line upgrades in conjunction with ITD’s reconstruction of Yellowstone Avenue between Cedar Street and Flandro Drive and that once bids are received, if the City’s portion of the upgrade project exceeds the Engineer’s estimate of $823,378.00 by more than 10%, the City has the right to terminate the agreement. Upon roll call, those voting in favor were Moore, Bray, Brown, Cooper, Johnston and Nye. AGENDA ITEM NO. 14: Council was asked to adopt a resolution AMENDED RESOLUTION decreasing user fees for Sanitation, Water and Water Pollution Control services. The amendments are: SANITATION a) Amended Exhibit (S) Sanitation Services Fees; REGULAR CITY COUNCIL MEETING 7 DECEMBER 19, 2013 WATER b) Amended Exhibit (X) Water Services Fees; and WATER POLLUTION c) Amended Exhibit (Y) Water Pollution Control CONTROL Services Fees. The reduction in fees is a result of a Court ruling which provided that a portion of the fees charged to the public was an unlawful tax. A motion was made by Mr. Bray, seconded by Mr. Moore, to adopt a resolution (2013-20) decreasing user fees for Sanitation, Water and Water Pollution Control services. The amendments are: a) Amended Exhibit “S” Sanitation Services Fees; b) Amended Exhibit “X” Water Services Fees; and c) Amended Exhibit “Y” Water Pollution Control Services Fees. Mr. Johnston asked Mayor Blad if he could hear from members of the audience that have concerns with passage of the proposed resolution regarding user fees. In response to questions from Mr. Johnston, Doug Keller, Building Contractors Association representative, stated their attorney prepared a letter outlining their position regarding the court decision and Mr. Keller distributed copies of the letter to Council. In the letter it states the City of Pocatello may be held in contempt if the proposed resolution is passed without addressing connection fees. In response to questions from Council, Sid Wood, 1616 Bench Road, Building Contractors Association representative, asked the Council to delay in adopting the proposed fee resolution until their attorney could be present to discuss the matter. Mr. Wood feels the City, as well as, individual Council members will be in contempt of the Judge’s ruling if the proposed resolution is adopted. He shared their legal representative’s interpretation of the Judge’s ruling. Mr. Wood feels based upon their interpretation, the City should not move forward at this time. Council discussion followed outlining the legal process followed regarding proposed changes to user fees in connection with Water, Sanitation, and Water Pollution Control services. It was noted these were the only fees being considered at this time. Dean Tranmer, City Attorney, clarified that the Court ordered the City to cease and desist the payment in lieu of taxes (PILOT) fee immediately as it applies to user fees only. As a result, the proposed fee resolution would take effect in the next billing cycle REGULAR CITY COUNCIL MEETING 8 DECEMBER 19, 2013 for rate payers. It was the opinion of the City Legal Department that the proposed resolution should be passed as soon as possible to comply with the Court order. Kirk Bybee, City Civil Attorney, explained the City has filed a Certificate of Compliance with the Court in regard to the proposed user fees. Mr. Bybee agrees with Mr. Tranmer and encouraged the Council to move forward with adoption of the proposed resolution in order to be in compliance with the Court. Mr. Cooper stated the Building Contractors are asking for a delay in making a decision and he did not feel two weeks would make a difference in the Court action. Mr. Bray mentioned if the City waits for two weeks, each utility bill will need to be recalculated and feels this would cause a burden on the citizens. He noted that Finance Department staff states there has never been a co-mingling of the PILOT funds with other City funds as mentioned by the Building Contractors. Mr. Bray’s motion was voted upon at this time. Upon roll call, those voting in favor were Bray, Moore, Brown, Johnston and Nye. Mr. Cooper voted in opposition to the motion. The motion passed. There being no further business, Mayor Blad adjourned the meeting at 7:19 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK