City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING AUGUST 7, 2014 CLARIFICATION The City Council Agenda Clarification Meeting was called MEETING to order at 5:30 p.m. by Mayor Brian Blad. Council members present were Steve Brown, Gary Moore, Eva Johnson Nye and Michael L. Orr. Council member Jim Johnston arrived at 5:31 p.m. Council member Craig Cooper 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 to order at 6:00 p.m. ROLL CALL AND by Mayor Brian Blad. Council members present were Steve Brown, PLEDGE OF Jim Johnston, Gary Moore, Eva Johnston Nye and Michael L. Orr. ALLEGIANCE Council member Craig Cooper was excused. Mayor Blad led the audience in the pledge of allegiance. ITEM NO. 2: The volunteer scheduled to offer an invocation was not present, INVOCATION so an invocation was not offered at the meeting. AGENDA ITEM NO. 3: Council was asked to consider the following business items: CONSENT AGENDA -MINUTES (a) Waive the oral reading of the minutes and approve the minutes from the July 3, 2014 Clarification and Regular Council meeting; the July 10, 2014 Study Session, Executive Session and City Council Working Lunch; and July 17, 2014 Executive Session. -PAYROLL AND (b) Payroll and material claims for the month of July 2014 in the amount MATERIAL CLAIMS of $6,637,264.89. -AIRPORT (c) Confirm the Mayor’s reappointment of Rhonda Naftz to continue COMMISSION her service as a member of the Airport Commission. Ms. Naftz’s REAPPOINTMENT term will begin August 17, 2014 and will expire August 17, 2016. -PARKS AND (d) Confirm the Mayor’s reappointment of Bart Reed, representing RECREATION School District No. 25, to continue his service as a member of the ADVISORY BOARD Parks and Recreation Advisory Board. Mr. Reed’s term will begin REAPPOINTMENT August 18, 2014 and will expire August 18, 2016. -PLANNING AND (e) Confirm the Mayor’s appointment of Mike Ennis to serve as a ZONING COMMISSION member of the Planning and Zoning Commission, replacing Gary APPOINTMENT Seymour who resigned. Mr. Ennis’ term will begin August 8, 2014 and will expire April 20, 2015. -POCATELLO ARTS (f) Confirm the Mayor’s appointment of Suzanne Johnson to serve as a COUNCIL member of the Pocatello Arts Council. Ms. Johnson’s term will APPOINTMENT begin August 8, 2014 and will expire September 8, 2015. REGULAR CITY COUNCIL MEETING 2 AUGUST 7, 2014 -RATIFICATION OF (g) Council was asked to ratify an Agreement allowing the Pocatello AGREEMENT Women’s Correction Center to use City property (abandoned water –POCATELLO WOMEN’S reservoir) for training its correctional officers and other State CORRECTIONAL employees. This Agreement is for a two (2) year term renewal and CENTER this use has been permitted since 2007. -COUNCIL DECISION (h) Adopt the Council’s decision approving the City of Pocatello’s EAST HUMBOLT request to vacate 18,000 square feet of right-of-way in the 200 block STREET VACATION OF of East Humbolt Street between 1st and 2nd Avenues, subject to RIGHT-OF-WAY conditions. The City shall pay the appraised amount of $59,000.00 for the vacated right-of-way. 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, Brown, Nye and Orr. AGENDA ITEM NO. 4: Mayor Blad recognized members of Boy Scout Troop 171 in COMMUNICATIONS AND the audience. PROCLAMATIONS AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the August 14th Study CALENDAR REVIEW Session at 9:00 a.m. and the August 21st Regular Council meeting at 6:00 p.m. Mayor Blad announced the annual ZooFari ice cream event will be held August 9th from 5:00 p.m. to 8:30 p.m. at the Pocatello Zoo; the Ketchup to Heinz Fun Run will be held August 9th, contact the Community Recreation Center for more information; Pocatello Regional Transit facility grand open house will be held at 10:00 a.m. on August 12th at 5775 South 5th Avenue; the last Splash Dance of the season at Ross Park Aquatic Center would be held on August 14th from 9:00 p.m. to 11:00 p.m. for youth ages 12 years and up; and the Community Recreation Center will be closed from August 18, 2014 through September 2, 2014 for annual maintenance. Mayor Blad announced the “Chubbuck Days” parade would be held on Saturday, August 9th. AGENDA ITEM NO. 6: Ruben Guzman was present to appeal the decision of Police APPEAL OF TAXI CAB Department staff which denied Mr. Guzman a Taxi Cab License. LICENSE DENIAL-GUZMAN (This item was originally scheduled for July 17, 2014 and was moved to this meeting at the request of Mr. Guzman.) Lieutenant Paul Manning, Support Services, stated Mr. Guzman’s taxi cab license was denied based upon a January 2012 arrest on two felony and two misdemeanor charges. He added that the misdemeanor charges were later dropped and the felony charges were lowered and prosecuted as misdemeanors. Ruben Guzman, 1214 East Maple Street, stated he applied for a taxi cab license and was denied by the Police Department He added that at the time of his arrest in 2012, he and his wife were under a great deal of stress which led to marital problems. Mr. Guzman stated the problems have been resolved and he has completed counseling and child development courses. REGULAR CITY COUNCIL MEETING 3 AUGUST 7, 2014 In response to questions from Council, Francis Guzman, 1214 East Maple Street, stated her husband has worked hard to be a better husband and father and has taken an active role in the community. She stated she was involved in the original incident, which she feels was blown out of proportion. Mrs. Guzman stated she feels her husband has the proper tools to help him be capable of making rational decisions. A motion was made by Mr. Moore, seconded by Mr. Johnston, to overturn the decision of Police Department staff and approve a taxi cab license for Ruben Guzman. Upon roll call, those voting in favor were Moore, Johnston and Nye. Brown and Orr voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 7: Roundabout Development, LLC and Sorensen Farms of Montana, SHORT PLAT (mailing address: 9416 Andee K Lane, Pocatello, ID 83204) –MACKENZIE RIVER represented by Rocky Mountain Engineering and Surveying (mailing SUBDIVISION address: 2043 East Center Street, Pocatello, ID 83201) requests to subdivide approximately 2.01 acres of land into 2 commercial lots located on Pole Line Road, west of Hurley Drive. This is a replat of lots 3 and 4 of block 3 of Pocatello Square Subdivision and is to be known as MacKenzie River Subdivision. At their meeting on July 23, 2014, the Planning and Zoning Commission recommended approval of the request with conditions listed in the Executive Summary. A motion was made by Mr. Moore, seconded by Mr. Johnston, to approve the request to subdivide approximately 2.01 acres of land into 2 commercial lots located on Pole Line Road, west of Hurley Drive with the following conditions: 1) Engineering—all conditions noted in memorandum dated July 10, 2014 from Merril Quayle, Development Engineer to Matthew Lewis, Planning Division Manager, shall be strictly adhered to prior to recording of an approved plat; 2) Planning—further subdivision of Lot 2 shall be prohibited and signs shall be approved by separate permit; 3) all corrections noted by City representatives on the plat shall be completed prior to recording of the plat; and 4) all other standards and conditions of Municipal Code not herein stated but applicable to platting and commercial development shall apply; that the area is to be known as MacKenzie River Subdivision and that the decision be set out in appropriate Council Decision format. Upon roll call, those voting in favor were Moore, Johnston, Brown, Nye and Orr. AGENDA ITEM NO. 8: Ryan Satterfield of Satterfield Realty and Development (mailing FINAL PLAT 2432 Andrew Street, Pocatello, ID 83201) represented by Rocky –GREENFIELD MEADOWS Mountain Engineering and Surveying (mailing address: 2043 East SUBDIVISION, Center Street, Pocatello, ID 83201) requests to subdivide DIVISION NO. 3 approximately 6.77 acres of land into 19 residential lots located east of Andrew Street, at the end of Owyhee Street. The property is located within a Residential Low Density zoning district and is to be known as Greenfield Meadows Subdivision, Division No. 3. At their meeting on July 11, 2014, the Planning and Zoning Commission recommended approval of the request with conditions listed in the Executive Summary. Ryan Satterfield, 2432 Andrew Street, gave an overview of the proposed project and asked the Council to consider an exception and allow the use of PVC pipe instead of ductile iron, as outlined in the construction standards. In response to questions from Council, Mr. Satterfield stated they are asking for REGULAR CITY COUNCIL MEETING 4 AUGUST 7, 2014 an exception to use PVC pipe, as it is less expensive to install and maintain. Mr. Satterfield added that when the subdivision was originally reviewed, he felt City staff was supportive of the use of PVC pipe. Mitch Greer, Rocky Mountain Engineering and Surveying, 2043 East Center Street, stated PVC pipe is being used successfully in several thousand other communities. Merril Quayle, Development Engineer, stated that staff recommended denial of the exception request until a technical advisory committee can be set in place to develop standards regarding the use of PVC in new developments. In response to questions by Council, Mr. Quayle stated that review of current standards by a technical advisory committee would ensure consistent and fair standards for future subdivisions. He added that he anticipates new standards could be adopted with the help of the technical advisory committee in time for 2015 projects. Council discussion followed regarding water pressure and conditions to current building standards. In response to questions from Council, Mike Jaglowski, Public Works Director, stated the use of ductile steel piping is set out by City ordinance and he feels it is necessary to allow a technical committee to analyze the use of PVC pipe according to water pressure zones. He added that there are approximately 30 different pressure zones throughout the city and it would be best to have a technical committee review the allowable use of PVC pipe by zone. A motion was made by Mr. Johnston, seconded by Mr. Moore, to approve a request to subdivide approximately 6.77 acres of land into 19 residential lots located east of Andrew Street, at the end of Owyhee Street with the following conditions: 1) all conditions submitted by Public Works Department representative as outlined in memorandum dated July 30, 2014 from Merril Quayle, Development Engineer to Matthew Lewis, Planning Manager, shall be adhered to; and 2) all other standards or conditions of Municipal Code not herein stated but applicable to residential development shall apply; that the area, located within a Residential Low Density zoning district, is to be known as Greenfield Meadows Subdivision, Division No. 3 and that the decision be set out in appropriate Council Decision format. Mr. Brown stated that he understands that there was miscommunication regarding the use of PVC pipe for the proposed development and feels a technical committee would be beneficial. Mr. Orr stated it was unfortunate a misunderstanding took place during the project development and he supports having a technical committee evaluate the proposed use of PVC pipe in future developments. Mr. Johnston’s motion was voted upon at this time. Upon roll call, those voting in favor were Johnston, Moore and Orr. Those voting in opposition were Brown and Nye. The motion passed. AGENDA ITEM NO. 9: This time was set aside for the Council to receive public comments PUBLIC HEARING on the proposed Fiscal Year 2015 budget. -PROPOSED FISCAL YEAR 2015 BUDGET Mayor Blad opened the public hearing. REGULAR CITY COUNCIL MEETING 5 AUGUST 7, 2014 David Swindell, Chief Financial Officer/Treasurer, gave a few introductory comments noting that multiple meetings have been held to inform the Council and citizens of the proposed Fiscal Year 2015 Budget. Mr. Swindell mentioned a lawsuit against the City resulted in loss of revenue. The Court upheld the City’s capacity fee but not the payment in lieu of taxes fee. This resulted in a $2.2 million loss of revenue and the Fiscal Year 2015 budget is very tight. Mayor Blad announced no written comments were received. Mike Seibert, 1665 Pocatello Creek Road, spoke uncommitted on the proposal, but feels the Council should strive to keep the mill levy below 10% and encouraged the Council to be more conservative. Al Tetz, 29 Colgate Street, spoke in opposition to the proposal. He feels fee increases for Water Pollution Control (WPC) services have risen beyond regular inflation. Niki Taysom 4604 Burley Drive, Chubbuck, spoke in opposition to the proposal. She stated she is not in support of many services which she feels would be better served by private businesses. Idaho Lorax, Pocatello resident, spoke in opposition to the proposal. He stated he is opposed to development and supports sustainability. In response to comments made by the public, Mr. Swindell stated a rate study is completed by an independent group to ensure that review equals expenses in order for the City to provide services which are fair for residents and industries. He explained new EPA requirements for WPC processing was a major factor for the rate increase. Mr. Swindell added that the Animal Shelter general obligation bond is the only debt the City has incurred. There being no further public comments, Mayor Blad closed the public hearing and announced that further Council discussion would take place at the August 14, 2014 Study Session and Council will consider adopting the Fiscal Year 2015 Budget at the August 21, 2014 Regular Council Meeting. AGENDA ITEM NO. 10: This time was set aside for the Council to receive public comments PUBLIC HEARING on proposed non-utility fee changes proposed for Fiscal Year 2015. -PROPOSED FISCAL YEAR 2015 FEE CHANGES Mayor Blad opened the public hearing. Dave Swindell, Chief Financial Officer/Treasurer, overviewed the proposed fee changes for Fiscal Year 2015. He reviewed Idaho Code statutes that must be met in order for cities to increase fees. Mr. Swindell reported that fees are determined to off-set the actual costs for providing services. In addition, if fee users do not pay the cost, it will be passed along to the tax payer in the form of property taxes. Mayor Blad announced no written correspondence had been received. Niki Taysom, 4604 Burley Drive, Chubbuck, spoke in opposition to the proposed changes. She stated she is opposed to Transit services that rely on subsidies instead of the expense being covered by the appropriate fees. REGULAR CITY COUNCIL MEETING 6 AUGUST 7, 2014 There being no further public comments, Mayor Blad closed the public hearing and announced that further Council discussion would take place at the August 14, 2014 Study Session. AGENDA ITEM NO. 11: Southeast Idaho Stand Down, represented by Shawn Kelsch “COUNCIL SELECT” (mailing address: 921 South 8th Avenue, Stop 8095, Pocatello, ID FUNDING REQUEST 83209) requested that “Council Select” funds in the amount of –SOUTHEAST IDAHO $250.00 be used to assist with costs associated with the Homeless HOMELESS Stand Down event to be held on October 25, 2014. (As of July 31, STAND DOWN 2014 $2,348.42 remained in the “Council Select” fund.) A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve a request by Southeast Idaho Stand Down to use “Council Select” funds in the amount of $250.00 to assist with costs associated with the Homeless Stand Down event to be held on October 25, 2014. Upon roll call, those voting in favor were Moore, Nye, Brown, Johnston and Orr. Shawn Kelsch thanked the Council for supporting the fundraiser and invited the public to support the event. AGENDA ITEM NO. 12: Council was asked to consider an agreement with Idaho Department IDL FIREFIGHTER of Lands (IDL) which will allow the Pocatello Fire Department to PROPERTY PROGRAM be eligible for surplus federal and state equipment through IDL for –AGREEMENT support of firefighting operations. A motion was made by Mr. Brown, seconded by Mr. Johnston, to approve an agreement with Idaho Department of Lands (IDL) which will allow the Pocatello Fire Department to be eligible for surplus federal and state equipment through IDL for support of firefighting operations. Upon roll call, those voting in favor were Brown, Johnston, Moore, Nye and Orr. AGENDA ITEM NO. 13: Council was asked to approve the submission of an Ifft Foundation IFFT FOUNDATION Grant in an amount up to $10,000.00 to complete the installation of GRANT APPLICATION landscaping at the South Arthur Street Oxbow Project and, if –SOUTH ARTHUR awarded, authorize acceptance of the grant and authorize the Mayor STREET OXBOW PROJECT to sign, subject to Legal Department review, documents related to the grant. No City match is required. However, vegetation management of the landscaped area will be provided by City staff and community volunteers. A motion was made by Mr. Johnston, seconded by Mr. Orr, to approve the submission of an Ifft Foundation Grant in an amount up to $10,000.00 to complete the installation of landscaping at the South Arthur Street Oxbow Project and, if awarded, authorize acceptance of the grant and authorize the Mayor to sign, subject to Legal Department review, documents related to the grant. Upon roll call, those voting in favor were Johnston, Orr, Brown, Moore and Nye. AGENDA ITEM NO. 14: Council was asked to consider the recommendations of staff for the BID-LIBRARY following requests regarding replacement of the HVAC system at the HVAC SYSTEM Marshall Public Library. REGULAR CITY COUNCIL MEETING 7 AUGUST 7, 2014 -BID a) Accept the bid received from Economy Heating and Refrigeration, who submitted the lowest responsive bid in the amount of $96,500.00 and, if the bid is accepted; -AGREEMENT b) Authorize execution of an agreement between the City of Pocatello and Economy Heating and Refrigeration, in the amount of $96,500.00 for replacement of the HVAC system at Marshall Public Library, subject to Legal Department review. Funds for the project are available in the Fiscal Year 2014 budget. A motion was made by Mr. Johnston, seconded by Mr. Moore, to a) accept the bid received from Economy Heating and Refrigeration in the amount of $96,500.00; and b) authorize execution of an agreement between the City of Pocatello and Economy Heating and Refrigeration, in the amount of $96,500.00 for replacement of the HVAC system at Marshall Public Library, subject to Legal Department review. Upon roll call, those voting in favor were Johnston, Moore, Brown, Nye and Orr. AGENDA ITEM NO. 15: Council was asked to consider the recommendations of staff for the BID/AGREEMENT following requests regarding construction of the Pocatello Airport –AIRPORT PASSENGER passenger boarding bridge. BOARDING BRIDGE PROJECT -BID a) Accept the bid received from John Bean Technologies, who submitted the lowest responsive bid in the amount of $991,201.00 and, if the bid is accepted; -AGREEMENT b) Authorize execution of an agreement between the City of Pocatello and John Bean Technologies, in the amount of $991,201.00 for the airport passenger boarding bridge project, subject to Legal Department review. The project will be funded 93.75% by FAA grant funds and 6.25% by airport passenger facility charge funds. A motion was made by Mr. Orr, seconded by Mrs. Nye, to a) accept the bid received from John Bean Technologies in the amount of $991,201.00 and authorize execution of an agreement between the City of Pocatello and John Bean Technologies, in the amount of $991,201.00 for the airport passenger boarding bridge project, subject to Legal Department review. Upon roll call, those voting in favor were Orr, Nye, Brown, Johnston and Moore. AGENDA ITEM NO. 16: Council was asked to consider the following agreements regarding AGREEMENTS City of Pocatello employee benefits: EMPLOYEE BENEFITS -DELTA DENTAL a) provide dental insurance coverage to City employees for the 2015 fiscal year. The renewal agreement reflects there is no change in dental insurance premium rates or coverage; REGULAR CITY COUNCIL MEETING 8 AUGUST 7, 2014 -BUSINESS b) provide employee assistance program (EAP) services for City of PSYCHOLOGY Pocatello employees. The renewal agreement reflects a $0.05 ASSOCIATES increase per employee per month; and -BLUE CROSS c) provide medical insurance coverage to City employees for the 2015 OF IDAHO fiscal year. The renewal agreement reflects the addition of a $100.00 emergency room co-pay and a 5.38 percent increase in medical insurance premium rates. A motion was made by Mr. Moore, seconded by Mr. Brown, to approve agenda items No. 16 (a) through No. 16 (c). Upon roll call, those voting in favor were Moore, Brown, Johnston, Nye and Orr. AGENDA ITEM NO. 17: Council was asked to accept the recommendation of staff and SOLE SOURCE declare the utility work to be performed by Bateman Brothers DECLARATION AND Construction on South Valley Road to be a valid sole source EXPENDITURE-CHEYENNE expenditure, and to accept their proposal in the amount of OVERPASS PROJECT $76,304.70. A portion of the work will be reimbursed by a private property owner. The City’s portion is eligible to be reimbursed by the Pocatello Development Authority as part of the Cheyenne Overpass Project. A motion was made by Mrs. Nye, seconded by Mr. Orr, to accept the recommendation of staff and declare the utility work to be performed by Bateman Brothers Construction on South Valley Road to be a valid sole source expenditure, and to accept their proposal in the amount of $76,304.70 for the Cheyenne Overpass Project. Upon roll call, those voting in favor were Nye, Orr, Brown, Johnston and Moore. AGENDA ITEM NO. 18: Niki Taysom, 4604 Burley Drive, Chubbuck, shared her concerns DISCUSSION ITEMS regarding funding of community projects and activities. FROM THE AUDIENCE Idaho Lorax, Pocatello resident, shared his concerns regarding cleanup efforts throughout town and voiced his intent to proceed with legal actions against the Council members. Mr. Brown reminded the audience that under Idaho State Code, Executive Sessions for City Councils are allowed. Kelly Benningfield, 624 West Cedar, shared his concerns regarding various economic development projects and community services. Marsha Lawser, Pocatello resident, shared her concerns regarding higher rates being charged for “summer lines” to water lawns. She asked for clarification on the rates for “summer lines.” Mr. Swindell, stated the water used for “summer lines” is still potable water and provided through the same lines as residential water. He stated the rates are higher for “summer lines,” because the lines are maintained year-round, yet only charged during peak summer hours. REGULAR CITY COUNCIL MEETING 9 AUGUST 7, 2014 8:07:40 PM There being no further business, Mayor Blad adjourned the meeting at 8:07 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK