City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING JULY 5, 2012 CLARIFICATION The City Council Agenda Clarification MEETING Meeting was called to order at 5:30 p.m. by Council President Roger Bray. Council members present were Steve Brown, Craig Cooper, Gary Moore and Eva Johnson Nye. Mayor Brian Blad was excused. Council member Jim Johnston arrived at 5:37 p.m. 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 Council President PLEDGE OF Roger Bray. Council members present were ALLEGIANCE Steve Brown, Craig Cooper, Jim Johnston, Gary Moore and Eva Johnson Nye. Mayor Brian Blad was excused. Council President Bray led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was given by Karen Peace, INVOCATION representative of the Baha’i Faith. A motion was made by Mr. Brown, seconded by Mr. Johnston, to add the Ratification of the Fireworks Resolution dated July 2, 2012 to Consent Agenda Item 3(j), per Idaho Code 67-2343(4)(c). Upon roll call, those voting in favor were Brown, Johnston, Bray, Cooper, Moore and Nye. 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 April 19, 2012; the May 17, 2012 and June 7, 2012 Budget Development meetings; and June 14, 2012 Study Session. -PAYROLL AND (b) Payroll and material claims for the month of MATERIAL CLAIMS June 2012 in the amount of $4,713,245.27. -LIBRARY BOARD (c)Confirm the Mayor’s appointment of Sharon OF TRUSTEES Manning to serve as a member of the Library APPOINTMENT Board of Trustees, replacing Julian Gabiola whose term expired. Ms. Manning’s term will begin July 6, 2012 and will expire July 1, 2017. REGULAR CITY COUNCIL MEETING 2 JULY 5, 2012 -POCATELLO ARTS (d) Confirm the Mayor’s appointment of Torgesen COUNCIL Murdock to serve as a member of the APPOINTMENT Pocatello Arts Council, replacing Sheryl Perrine whose term expired. Ms. Murdock’s term will begin July 7, 2012 and will expire July 1, 2015. -AGREEMENT-PRIME (e) Council was asked to authorize, subject to TIME AUCTIONS-ZOO Legal Department approval, an agreement with Prime Time auctions to provide their services at the annual A Midsummer’s Night for the Zoo on July 14, 2012. -PROFESSIONAL (f) Council was asked to approve the annual SERVICES AGREEMENT renewal of a professional services agreement RENEWAL-LUCITY with Lucity, Inc., beginning August 1, 2012 for the provision of technical support for the City’s GIS system. The agreement provides for technical support at the off-site rate of $115.00 per hour, and on-site rate of $1,725.00 per day, which expense is included in the GIS annual budget. -AGREEMENT-STEVE (g) Council was asked to ratify two (2) BEVAN/SOUTH GRANT partially performed agreements entered into WATER LINE by the City in August 1999 and May 2002 regarding the City’s installation of sewer and water lines to the Bevan’s property in exchange for a $15,000.00 payment and a pedestrian easement (Greenway) from the Bevan family. The only item that remains to be provided is the installation of the water line stub by the City to the Bevan property. The City Legal Department recommends authorizing the Mayor to enter into an agreement memorializing the terms of the prior agreements and finalizing the City’s obligation thereunder. -RATIFICATION (h) Council was asked to approve an agreement CITY HALL REMODEL under which Booth Architectural, LLC would prepare architectural plans for a proposed remodeling project at City Hall for an amount not to exceed $4,000.00. The proposed remodel project is a public works project which requires that plans be prepared by a licensed architect. Council previously approved expenditures for this project from the building fund. -COUNCIL DECISION (i) Council was asked to adopt its decision PLANTER STRIP granting Jeff and Hallie Gray an exception EXCEPTION/1483 to the Partridge Ridge Subdivision, 6th STONERIDGE DRIVE Addition plat requirement for landscaped planter strips. At the time the Gray’s purchased their home at 1483 Stoneridge Drive, fifteen (15) feet of seven (7) foot wide planter strip had been paved without a City permit or right-of-way inspection. REGULAR CITY COUNCIL MEETING 3 JULY 5, 2012 -RESOLUTIONS (j) Council was asked to ratify the adoption of -SALE AND USE OF three (3) resolutions as follows: FIREWORKS IN THE CITY 1) A resolution (2012-10) adopted by poll of the City Council on June 28, 2012 prohibiting the sale and discharge of all fireworks, and the burning of all open fires within the City until further notice; 2) A resolution (2012-11) adopted by the City Council on June 29, 2012 prohibiting the discharge of all fireworks and the burning of all open fires within the City until further notice; and 3) A resolution (2012-12) adopted by the City Council on July 2, 2012 allowing the use of safe and sane fireworks within City limits of the City of Pocatello on July 4, 2012 only, from 12:00 p.m. noon until 12:00 a.m. midnight. -CHILD CARE (k) Council was asked to uphold the Police LICENSE REVOCATION Department’s recommendation to revoke –ADVENTURE FOR KIDS Adventure for Kids’ Child Care License. The request is based on violations that have taken place at the child care facility. A motion was made by Mr. Moore, seconded by Mr. Johnston, to approve items 3(a) through 3(j) on the consent agenda and to consider item 3(k) as a separate agenda item. Upon roll call, those voting in favor were Moore, Johnston, Bray, Brown and Cooper. Mrs. Nye voted in opposition to the motion. The motion passed. Mrs. Nye noted that she voted in opposition to the motion because she did not agree with item 3(j). Agenda Item 3(k) regarding the Police Department’s recommendation to revoke Adventure for Kids’ Child Care License was considered at this time. Captain Jim Peterson, Police Department Support Services Supervisor, stated the recommendation to revoke the Child Care License for Adventure for Kids occurred after a 4 year old child was left at a park unattended while under their care. He added that the children were transported to the park for lunch and the child was left unattended when the other children and daycare workers returned to the daycare facility. Captain Peterson added that staff members at the daycare did not discover that the child was missing until the child’s mother arrived at the daycare to pick up her child over an hour later. At that time, the unattended REGULAR CITY COUNCIL MEETING 4 JULY 5, 2012 child had already been reported to the Police Department, who had the child in custody. Captain Peterson reported that upon investigation, it was discovered that one of the Adventure for Kids’ employees left in charge of the children was not a licensed daycare worker. According to City statute, a daycare employee has five (5) days to apply for a license to work in a daycare. This particular employee had worked at Adventure for Kids since May 7, 2012 and the incident occurred June 13, 2012. Captain Peterson stated according to the Police report, on June 13, 2012, Ms. Cowgill transported seven (7) children and one (1) employee to the park, returned to the daycare and transported another seven (7) children and one (1) employee to the park for lunch. After lunch, Ms. Cowgill returned to the park, picked up seven (7) children and one (1) employee and transported them back to the daycare facility. She then returned to the park and picked up six (6) children and the remaining daycare worker. Kim Stouse, Licensing officer, stated she was very concerned about the egregious nature of the occurrence, as the small child’s absence was not noticed until the parent arrived to pick him up. She added she is concerned that the children aren’t being watched as closely as they should be in a daycare environment. Kyle Hansen, 482 Constitution Way, Idaho Falls, serves as Ms. Cowgill’s attorney. Mr. Hansen stated Ms. Cowgill has been a daycare operator for over 16 years and shared copies of Pocatello Police Department inspection records on the business. He reported Ms. Cowgill had not been cited for any violations previous to the incident on June 13, 2012. Mr. Hansen asked for clarification regarding the Police Department’s recommendation, as he was unsure if the recommendation was for a revocation of Ms. Cowgill’s daycare license or a probationary period with more frequent inspections. He added that the problems associated with the citation have been rectified. In response to a question from Council, Captain Peterson stated if the current daycare ordinance were in effect at the time of the incident, an immediate license suspension would have taken place. He clarified that the Police Department is recommending a revocation of the daycare license. Captain Peterson further stated a similar incident occurred in 2007 when a child was left in a van at Adventure for Kids. He added that incident was reported by the child’s parent to Health and Welfare but no citations were issued at that time. Mr. Hansen stated the incident in 2007 did not result in any citations, therefore should not be relevant in this matter. He added Ms. Cowgill has taken steps to retrain staff members regarding policies and rectify problems at the daycare. REGULAR CITY COUNCIL MEETING 5 JULY 5, 2012 In response to questions from Council, Marianne Cowgill, 2045 Horizon Drive, owner of Adventure for Kids daycare, stated she has taken full responsibility for the incidences that have happened at the daycare and taken steps to resolve the problems. She added that new policies include utilizing a list of children in their care; performing a head count when leaving the facility; and holding monthly staff meetings to remind staff members of the new policies. Mr. Cooper stated he feels the extended period of time that an unlicensed daycare worker was allowed to continue working was gross negligence on Ms. Cowgill’s part. Ms. Cowgill responded that their updated daycare policy prohibits a new employee from beginning training at the facility without showing proof of a valid daycare employee license. A motion was made by Mr. Johnston, seconded by Mr. Moore, to commend the Police Department on the investigation and attention to the protection of children in daycare facilities and to put Adventure for Kids daycare on probation for a period of six (6) months, during which time the Police Department will monitor that the new written daycare procedures are adhered to. Mr. Moore asked for clarification on the motion regarding potential consequences if a violation occurs during the six-month probationary period. Mr. Johnston clarified that if a violation occurs during the six- month probationary period, the daycare provider license for Adventure for Kids shall be immediately revoked. He feels Adventure for Kids is an excellent daycare facility and the community needs quality child care. Mr. Bray shared that he is very concerned about the incident in 2007, the violation of worker/child ratio and the unlicensed employee who was allowed to care for children. In response to a question from Council, Ms. Cowgill clarified that she was the driver of the van transporting children between the daycare facility and the park. Discussion continued among the Council members regarding potential consequences if a violation occurs during the six-month probationary period. Mr. Johnston and Mr. Moore accepted an amendment to the motion recommending immediate revocation of the daycare provider license for Adventure for Kids if a violation occurs during the six-month probationary period. REGULAR CITY COUNCIL MEETING 6 JULY 5, 2012 Mr. Johnston’s motion was voted upon at this time. Upon roll call, those voting in favor were Johnson and Moore. Bray, Brown, Cooper and Nye voted in opposition to the motion. The motion failed. A motion was made by Mrs. Nye, seconded by Mr. Moore, to uphold the recommendation of the Police Department License Enforcement Division and revoke the Daycare Provider License of Marianne Cowgill, d/b/a Adventure for Kids, to be effective upon ten (10) days written notice from the City Clerk to allow affected families and employees alternate daycare and employment. Additionally, pursuant to PMC 5.28.210, the Licensee shall be prohibited from reapplying for another daycare license from the City of Pocatello for a period of one (1) year from the date of revocation, as specified in the letter from the City Clerk. Upon roll call, those voting in favor were Nye, Moore, Bray, Brown and Cooper. Mr. Johnston voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 4: Mr. Cooper, on behalf of Mayor Blad, COMMUNICATIONS AND proclaimed July 2012 to be Parks and PROCLAMATIONS Recreation Month in Pocatello and encouraged residents to support the Parks and Recreation programs available in our community. Mr. Bray presented the proclamation to Jerry Sepich, Parks and Recreation Director. Mr. Sepich thanked the Council for the proclamation and encouraged citizens to become involved in the many activities available through the Parks and Recreation Department programs. AGENDA ITEM NO. 5: Mr. Bray reminded the Council of the July CALENDAR REVIEW 12th Study Session at 9:00 a.m. and the July 19th Regular Council meeting at 6:00 p.m. Mr. Bray announced that the Union Pacific Railroad’s 150 year celebration will take place on July 6th; Relay for Life will be held July 13th and 14th at Century High School; A Mid Summer’s Night for the Zoo event will take place on July 14th from 6:00 p.m. to 9:30 p.m.; Splash Dances will be held at the Ross Park Aquatic Complex from 9:00 p.m. to 11:00 p.m. on July 12th, 19th, 26th and August 2nd; violinist Gus Weaver will be performing solo pieces at the Marshall Public Library from 1:00 p.m. to 2:00 p.m. on Saturday, July 14th; and Quilting 101, a beginner’s quilting demonstration will take place at the Marshall Public Library on July 19th at 6:30 p.m. AGENDA ITEM NO. 6: Niki Taysom, Pocatello resident, shared her DISCUSSION ITEMS concerns regarding violent activities held FROM THE AUDIENCE at various locations in the community. REGULAR CITY COUNCIL MEETING 7 JULY 5, 2012 AGENDA ITEM NO. 7: Council was asked to authorize the Mayor to MEMORANDUM OF enter into a Memorandum of Understanding UNDERSTANDING-J.U.B. with J.U.B. Engineers, Inc., under which the ENGINEERS, INC. City agrees to provide J.U.B. with information regarding the City’s storm water system located within and near the confines of Idaho State University (ISU) for the purpose of developing an ISU Master Plan. J.U.B. shall be required to include a disclaimer on its final product that the City does not guarantee the accuracy of the information provided. A motion was made by Mr. Moore, seconded by Mr. Johnston, to authorize the Mayor to enter into a Memorandum of Understanding with J.U.B. Engineers, Inc., under which the City agrees to provide J.U.B. with information regarding the City’s storm water system located within and near the confines of ISU for the purpose of developing an ISU Master Plan and that J.U.B. shall be required to include a disclaimer on its final product that the City does not guarantee the accuracy of the information provided. Upon roll call, those voting in favor were Moore, Johnston, Bray, Brown, Cooper and Nye. AGENDA ITEM NO. 8: Council was asked to consider a request from TEMPORARY STREET Old Town Pocatello, Inc., (mailing address: CLOSURE REQUEST PO Box 222, Pocatello ID 83204) for –WELCOME BACK temporary street closures for the Welcome ORANGE AND BLACK Back Orange & Black CommUniversity Event on Monday, August 27, 2012. Temporary street closures for the event will be the 200 block of West Fremont and a portion of the 400 block of North Union Pacific Avenue from 12:00 p.m. (noon) to 8:00 p.m. The event organizers also wish to close the most northern section of the Union Pacific parking lot for the event. Various vendors, local restaurants and businesses will be participating in the event. A motion was made by Mrs. Nye, seconded by Mr. Cooper, to grant a request from Old Town Pocatello, Inc. to allow temporary street closures on the 200 block of West Fremont and a portion of the 400 block of North Union Pacific Avenue from 12:00 p.m. to 8:00 p.m. for the Welcome Back Orange & Black CommUniversity Event to be held on Monday, August 27, 2012. Upon roll call, those voting in favor were Nye, Cooper, Bray, Brown, Johnston and Moore. AGENDA ITEM NO. 9: Council was asked to consider a request TEMPORARY ROAD from Old Town Pocatello, Inc. (mailing CLOSURE AND OPEN address: PO Box 222, Pocatello ID 83204) CONTAINER WAIVER for a temporary street closure for the REQUESTS-PEGASUS BOOK Pegasus Book Store 30th Birthday Party STORE BIRTHDAY PARTY event on July 20, 2012. The road closure will be identical to the “Revive @ 5” REGULAR CITY COUNCIL MEETING 8 JULY 5, 2012 events which are hosted by Old Town Pocatello, Inc. as well. The streets requested to be closed are the 200 block of West Fremont and a portion of the 400 block of North Union Pacific Avenue from 3:00 p.m. to 12:00 midnight. Organizers are also asking for a waiver of City ordinances regarding open containers. If the open container ordinance is waived it should be contingent upon the applicant meeting Police Department requirements to follow the same rules as Revive @ 5 events. A live band performance will also be featured at the event. A motion was made by Mr. Moore, seconded by Mrs. Nye, to grant a request from Old Town Pocatello, Inc. to allow temporary street closures of the 200 block of West Fremont and a portion of the 400 block of North Union Pacific Avenue from 3:00 p.m. to 12:00 midnight for the Pegasus Bookstore 30th Birthday Party to be held July 20, 2012 and to approve a waiver of City ordinances allowing open containers, contingent upon the applicant meeting Police Department requirements to follow the same rules as Revive @ 5 events. 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. 10: Council was asked to approve an INTERGOVERNMENTAL Intergovernmental Agreement between Bingham AGREEMENT-LANDFILL County and the City of Pocatello to allow GATE ACCESS access to the Fort Hall Mine Road landfill on holidays worked by Sanitation. Sanitation staff will be posted at the landfill gate at the rate of $10.00 per hour. The agreement is for a 5-year term. A motion was made by Mr. Cooper, seconded by Mr. Johnston, to approve an Intergovernmental Agreement with Bingham County to allow access to the Fort Hall Mine Road landfill on holidays worked by Sanitation and that Sanitation staff will be posted at the landfill gate at the rate of $10.00 per hour and that the agreement will be for a 5-year term, subject to Legal Department approval. Upon roll call, those voting in favor were Cooper, Johnston, Bray, Brown, Moore and Nye. AGENDA ITEM NO. 11: Council was asked to approve, and authorize PROFESSIONAL SERVICES the Mayor to sign, a Supplemental Agreement AGREEMENT-SOUTH for the Local Professional Services VALLEY CONNECTOR Agreement between HDR Engineering, Inc. and PROJECT-FINAL DESIGN the City of Pocatello for Final Design of the South Valley Connector Project, subject to Legal Department approval. The $244,650.00 supplemental agreement includes a hydraulics study and report, associated modifications to the bridge design, mitigation design, salary escalation, and additional services as needed. The project REGULAR CITY COUNCIL MEETING 9 JULY 5, 2012 requires a local match between 0% and 20% of the total cost which will be reimbursed by the Pocatello Development Authority. A motion was made by Mr. Moore, seconded by Mr. Cooper, to approve and authorize the Mayor to sign, a Supplemental Agreement for the Local Professional Services Agreement with HDR Engineering, Inc. for final design of the South Valley Connector Project, subject to Legal Department approval for $244,650.00 and that the supplemental agreement will include a hydraulics study and report; associated modifications to the bridge design; mitigation design; salary escalation; and additional services as needed and that the local match between 0% and 20% of the total cost will be reimbursed by the Pocatello Development Authority. In response to questions from Council, Deirdre Castillo, City Engineer, clarified that the proposed agreement is supplemental to the agreement signed in 2008. She explained that several changes have occurred over the past six years, including the need for a hydraulics study due to the levee recertification process and an environmental reevaluation. Ms. Castillo reported the project is progressing and groundbreaking should occur in the spring of 2013. She also answered questions regarding the benefits and downfalls of having an overpass or an underpass for the project. Mr. Moore’s motion was voted upon at this time. Upon roll call, those voting in favor were Moore, Cooper, Bray, Brown, Johnston and Nye. AGENDA ITEM NO. 12: Council was asked to accept the PUBLIC WORKS BIDS recommendations of staff and award the public works bids received on May 31, 2012 from Pioneer Janitorial Services, who submitted the low responsive bids for the following Public Works Departments in the amounts indicated below, and authorize the Mayor to execute the necessary contracts, subject to Legal Department approval: -SANITATION (a) Provide basic cleaning at a rate of $162.00 DEPARTMENT per month. Council was also asked to authorize funds for basic and additional cleaning services (such as carpet cleaning, floor waxing, etc.) as needed, in an amount not to exceed $3,000.00 annually; -STREET (b) Provide basic cleaning at a rate of $162.00 OPERATIONS per month. Council was also asked to authorize funds for basic and additional cleaning services (such as carpet cleaning, floor waxing, etc.) as needed, in an amount not to exceed $2,000.00 annually; REGULAR CITY COUNCIL MEETING 10 JULY 5, 2012 -WATER (c) Provide basic cleaning at a rate of $243.00 DEPARTMENT per month. Council was also asked to authorize funds for basic and additional cleaning services (such as carpet cleaning, floor waxing, etc.) as needed, in an amount not to exceed $5,500.00 annually; and -WATER (d) Provide basic cleaning at a rate of $243.00 POLLUTION CONTROL per month. Council was also asked to authorize funds for basic and additional cleaning services (such as carpet cleaning, floor waxing, etc.) as needed, in an amount not to exceed $6,700.00 annually. A motion was made by Mr. Brown, seconded by Mrs. Nye, to accept the recommendations of staff and award the public works bids received on May 31, 2012 from Pioneer Janitorial Services in the amounts as indicated in Agenda Items 12(a) through 12(d) and authorize the Mayor to execute the necessary contracts, subject to Legal Department approval. Upon roll call, those voting in favor were Brown, Nye, Bray, Cooper, Johnston and Moore. There being no further business, Council President Bray adjourned the meeting at 7:18 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK