City Council

680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes Thursday, December 7, 2023, 7:30 PM City Council Chambers 1. Call to Order Present: Mayor Rebecca L Noah Casper, Council President Michelle Ziel-Dingman, Councilor Radford, Councilor Hally, Councilor Freeman, Councilor Francis; and Councilor Burtenshaw Also present: All available Department Directors John Dewey, City Prosecuting Attorney Corrin Wilde, City Clerk 2. Pledge of Allegiance Council President Michelle Ziel-Dingman led those present in the Pledge of Allegiance. Public Comment No one appeared. Consent Agenda A. Airport 1) Approval of Airport Emergency Alert Notification System Agreement B. Municipal Services 1) Purchase Replacement Rear Loader for Public Works 2) Purchase Mowers for the Parks and Recreation Department 3) Upgrade and Refurbish Sewer Crawler Systems for Public Works C. Office of the City Clerk 1) License Applications It was moved by President Ziel -Dingman, seconded by Councilor Francis to approve, accept, or receive all items on the Consent Agenda according to the recommendations presented. The motion was carried by the following vote: Aye – Councilors Freeman, Francis, Hally, Radford, Burtenshaw, Dingman. Nay – None 5. Regular Agenda A. Municipal Services  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes 1) Northgate Mile Railroad Property Clean Up Director Alexander presented Northgate Mile Railroad Property Clean Up. This item was presented and discussed at Monday's Work session before the City Council meeting. Roadhouse Construction was the lowest of three attempted quotes to provide demolition, hauling, and removal of property debris located on the Northgate Mile Railroad property (behind the Law Enforcement Complex fence line). The quote includes one-time mobilization of heavy equipment, abatement and demolition of abandoned trailers and remaining corrals, hauling and proper disposal of debris. Director Alexander stated that after the Work Session on Monday, she had a discussion with a Union Pacific Railroad representative and was able to provide him a copy of the quote and an update from the discussion at the Work Session. Director Alexander stated that the representative from the Railroad did confirm that there are no leases on the property and there should not be anyone on there. He has also agreed to present to his director to offset the cost of this and will authorize us to conduct the removal of the debris. Mayor Casper stated that this agenda item is to authorize the acceptance and approval of this quote for professional services but does not obligate us to spend the money. Mayor Casper reminded Council members that in their conversation last Monday there were some questions. Mayor Casper stated that what she had learned after speaking to Mr. Dewey is that the Railroad does enjoy the benefits of some Federal laws that preempt them from having to obey a lot of local laws. However, if there is a public health and safety situation, we can pursue that. Mayor Casper explained that following our process could take months and would lose the benefit of the timeliness of the quote, given that it is a winter work price. Tonight, we have noticed whether we are going to accept the price presented here. Mr. Dewey stated that the public funds cannot be expended for a private benefit. This issue can’t benefit Union Pacific by cleaning up their property, it must be a public nuisance that is a valid exercise of the City's police powers to fix the issue. In that regard, we would need a finding that this is for public benefit as it is abating a public nuisance and not for the private benefit of anybody. Mayor Casper stated that for tonight we will recognize this item for what it is and have another discussion at a Monday Work session regarding all the other scenarios to be considered before taking definitive action. It was moved by Council President Dingman, seconded by Councilor Burtenshaw to accept and approve the lowest quote received from Rhodehouse Construction, Inc. for a total of $78,922.00. The motion was carried by the following vote: Aye – Councilors Francis, Dingman, Freeman, Hally, Burtenshaw. Nay – Councilor Radford B. Public Works 1) Local Professional Services Agreement with Horrocks Engineers in support of the Science Center Drive, North Boulevard to Holmes Avenue Improvement Project. The purpose of the agreement is to establish a contract to provide design engineering, planning, materials reports, and surveying for the Science Center Drive, North Boulevard to Holmes Avenue Improvement Project. It is a Federal Aid project intended to rehabilitate the pavement at East Anderson Street between North Boulevard and Holmes and in addition to that will also improve the intersection of North Boulevard and Anderson. Horrocks Engineers would provide the design engineering, planning, materials, reports, and surveying. The cost to perform these services is not to exceed the amount of  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes $352,586 to which the city is responsible for a 7.34 percent match which is approximately $26,000. Director Fredericksen stated that the project is intended for destruction in the fiscal year 2025 and has program construction funding of nearly 2.4 million dollars. It was moved by Councilor Burtenshaw, seconded by Councilor Hally to approve the Professional Services Agreement with Horrocks Engineers, Inc., and authorize the Mayor to execute the document. The motion was carried by the following vote: Aye – Councilors Freeman, Francis, Hally, Radford, Burtenshaw, Dingman. Nay -None. 2) Change Order 1 for the Raised Median Safety Improvement Project For consideration is a change order with DL Beck, Inc., regarding the Raised Curb Median Safety Improvement Project. The change order provides for a revised start date and accommodates additional work to construct median U-turns and roadway bulb-outs as part of this project. Director Fredericksen presented a proposal for ratification of change order 1 for the Raised Median Safety Improvement Project. This is a federal aid project with an initial contract cost of $258,751 and involves placing median curbs at three different intersections. The intersection of 25th Street and 25th East, 25th East and Sunnyside Rd. and 15th East and Sunnyside Road. During initial project discussions with staff and the City of Ammon as well as a public meeting, it was determined that U-turns would greatly benefit the proposed improvements. At that time, there was not sufficient funding so plans were made to expend City funds to build those U-turns. The project was put out to bid and received no bidders. We came back to the Council on September 28th and requested authority to negotiate on the open market. At the same time, the prime contractor indicated they would have time now and felt they could complete it as part of the federal aid projects and began negotiating that change order. The change order was renegotiated for $148,655.08 and changed the contract start time from July 27th to October 9th. Assistant Director Canfield worked with LHTAC (Local Highway Technical Assistance Council.) and was able to secure an additional 102 thousand dollars in federal funding minimizing the city cost down to $46,000 which is intended to be paid by the Street Division. Councilor Freeman said that he saw they were doing work in these intersections and saw the curbs in the center of the road, he asked if this was to widen the road in those places so that people could make a U-turn. Director Fredericksen indicated that this will be on the side of the road. He said we have some that exist at Target and indicated that these U-turns are wide on the median allowing you to pass the intersection as you enter the left turn lane, and then do a U-turn to get turned around allowing you to make your exit to the right. It was moved by Councilor Hally, seconded by Councilor Burtenshaw to approve the ratification of the change order and authorization for the Mayor to sign the necessary documents. The motion was carried by the following vote: Aye – Councilors Radford, Freeman, Burtenshaw, Francis, Dingman, Hally. Nay - None. 3) State Local Agreement Addendum and Resolution with the Idaho Transportation Department (ITD) for the Meppen Canal Trail Project.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes For consideration are a state-local agreement addendum and resolution with ITD allowing for advanced construction of pathway improvements along the Meppen Canal from the Idaho Canal to 25th East (Hitt Road). Proposed improvements include the construction of two pedestrian bridges and nearly 2.2 miles of pathways. Director Fredericksen presented the Addendum and Resolution with the Idaho Transportation Department (ITD) for the Meppen Canal Trail Project. This is a federal aid project intended to construct a multi-use pathway along the Meppen Canal that would extend from the Idaho Canal along the Meppen Canal for nearly 2.2 miles over to CEI or 25th East and will also construct two pedestrian bridges. One over the Idaho Canal and the other over the Meppen Canal at Caribou Street. Director Fredericksen stated that this will modify sections one and three of the original agreement that was approved by the Council on July 28, 2022. Section one includes a revised cost of the project. He indicated that as they continued to develop the project and update the cost estimates it was realized that the original contract for this was approximately 1 million and 72 thousand dollars. Assistant Director Canfield was able to work with LHTAC to identify additional funding which was an increased amount of $1,500,470 dollars and is an increase of 475,000 dollars and indicated that this will likely allow us with federal funding to build the two pedestrian bridges originally anticipated to be built with local funds. Section 3 allows for advanced construction of the project. Currently, there is no obligational authority for the federal funding associated with this project. The project is in our existing transportation improvement program and yet with all the issues with federal funding, there is no funding authority behind that. To continue with that work LHTAC requires that that federal funding is approved or does it have obligation authority. We could approve an advance construction where the city pays those construction costs up front and then seeks reimbursement. Approving this tonight with advanced construction we are likely to see are reimbursement 3 to 6 months later than we otherwise would have but this will allow us to bid it now so that we can construct the two bridges while the water is out of the canal so that it does not have to delay one year and we also know that we will have better prices in the bidding season that exists right now. Councilor Radford feels that having cash flow in these situations is good and feels it is proper planning from the finance department. It was moved by Councilor Burtenshaw, seconded by Councilor Hally to approve the State Local Agreement Addendum and Resolution with ITD for the Meppen Canal Trail project and authorize the Mayor and City Clerk to sign the documents. The motion was carried by the following vote: Aye – Councilors Hally, Burtenshaw, Dingman, Freeman, Francis, Radford. Nay - None. 3. Announcements This coming week we have a Work Session on Monday and Thursday night Council meeting. 4. Adjournment. There being no further business, the meeting adjourned at 7:55 PM s/ Corrin Wilde s/Rebecca L. Noah Casper Corrin Wilde, City Clerk + Rebecca L. Noah Casper, Mayor