City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING AUGUST 2, 2012 CLARIFICATION The City Council Agenda Clarification MEETING Meeting was called to order at 5:30 p.m. by Mayor Brian Blad. Council members present were Roger Bray, Steve Brown, Craig Cooper and Eva Johnson Nye. Council members Jim Johnston and Gary Moore 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 6:01 p.m. by Mayor Brian Blad. PLEDGE OF Council members present were Roger Bray, ALLEGIANCE Steve Brown, Craig Cooper and Eva Johnson Nye. Council member Gary Moore was excused. Council member Jim Johnston arrived at 6:03 p.m. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was given by Major Ben INVOCATION LaBarge from the Salvation Army. Council member Jim Johnston arrived at this time. 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 May 17, 2012 Regular Council meeting; the June 7, 2012 Regular Council meeting; and the July 12, 2012 Study Session. -PAYROLL AND (b) Payroll and material claims for the month of MATERIAL CLAIMS July 2012 in the amount of $5,950,759.60. -HISTORIC (c) Confirm the Mayor’s appointment of Larry PRESERVATION Hebdon, Sr. to serve as a member of the COMMISSION Historic Preservation Commission, replacing APPOINTMENT John Christofferson whose term expired. Mr. Hebdon’s term will begin August 3, 2012 and will expire August 3, 2015. -OK WARD PARK (d) Grant permission, as in past years, to allow USE-POCATELLO one member of the Pocatello Kennel Club to KENNEL CLUB camp overnight at OK Ward Park on September 27, 28 and 29, 2012 to watch over the REGULAR CITY COUNCIL MEETING 2 AUGUST 2, 2012 agility equipment associated with the agility trials being held September 28 through 30, 2012. -COUNCIL DECISION (e) Adopt the Council’s decision granting a TRAIL CREEK request by the developers of Trail Creek ESTATES LOT Estates, Division No. 1 Subdivision to RESTRICTIONS remove the “R” restriction on Lots 4, 7, 8, 9, 10, 23 and 24 of Block 2, to allow building permits to be issued on said lots before a second access road is constructed. A motion was made by Mr. Bray, seconded by Mrs. Nye, to approve the items on the consent agenda. Upon roll call, those voting in favor were Bray, Nye, Brown, Cooper and Johnston. AGENDA ITEM NO. 4: Mayor Blad acknowledged a Boy Scout from COMMUNICATIONS AND Troop No. 315 in the audience. PROCLAMATIONS AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the CALENDAR REVIEW August 9th Study Session at 9:00 a.m. and the August 16th Regular Council meeting at 6:00 p.m. Mayor Blad announced the last Splash Dance of the season at Ross Park Aquatic Center would be held on August 2nd from 9:00 p.m. to 11:00 p.m. for youth ages 12 years and up; Annual “Night Out Against Crime” events will be held August 6th at 6:00 p.m. at City Hall; the annual ZooFari ice cream event will be held August 11th from 5:00 p.m. to 8:30 p.m. at the Pocatello Zoo; and the Mohs Derm Dash fun run will be held August 11th, contact the Community Recreation Center for more information. Mayor Blad reminded citizens to use caution when traveling near street paving projects and to consider alternate routes until the projects are complete. AGENDA ITEM NO. 6: Idaho Lorax, Pocatello resident, DISCUSSION ITEMS gave an update of activities scheduled within the community. Ralph Baker, 755 North Arthur, announced that a constitution class is offered on the second and fourth Thursdays of each month from 7:00 p.m. to 9:00 p.m. at Chubbuck City Hall. AGENDA ITEM NO. 7: This time was set aside for the Council to PUBLIC HEARING receive comments from the public regarding –FISCAL YEAR the proposed Fiscal Year 2013 budget, which 2013 BUDGET begins on October 1, 2012. REGULAR CITY COUNCIL MEETING 3 AUGUST 2, 2012 Mayor Blad opened the public hearing. Dave Swindell, Chief Financial Officer, gave a few introductory comments noting that multiple meetings have been held to inform the Council and citizens of the proposed Fiscal Year 2013 Budget. He stated non-property tax revenue sources have stabilized but the recovery is modest. Mr. Swindell announced the proposed budget allows for a modest cost of living increase, additional staffing needs and cash savings for future capital needs. He announced that no written correspondence was received regarding the proposed budget. Tracy Martin, 780 East Maple Street, spoke in support of the proposed budget, particularly the need for the Transit services. Ms. Martin stated that because of the services provided by the Transit Department, she is able to attend college, travel to work and be a contributing member of the community. In response to a question from Council, Ms. Martin stated she works as a living advisor and information specialist at LIFE, Inc. Mike Riley, 930 Delano Avenue, spoke in support of the proposed budget and expressed his appreciation for the Transit Department and the services it provides. He feels that if one citizen is left out of community events due to a lack of transportation, it is one citizen too many. Larry Gebhart, 1200 Aspen Drive, spoke in support of the proposed budget and commended the City Council for offering City services which enhance the lives of citizens. Mike Seibert, 1665 Pocatello Creek Road, spoke uncommitted to the proposed budget. He stated he would like to see a continued investment in street maintenance and an increase in the amount allocated to Council Select funds. LaRae Oram, 36 Cedar Hills Drive, spoke in opposition to the proposed budget. She feels there is a more efficient way to provide services. Ralph Baker, 755 North Arthur, spoke in opposition to the proposed budget and stated he feels transit routes should be reevaluated to ensure efficiency. Mr. Swindell stated the Transit Department budget accounts for anticipation of federal grants which are necessary to provide essential services to citizens. He stated if the grants are not received, adjustments would be made within the budget. Mr. Swindell added the Fiscal Year 2013 budget includes a contingency budget for construction of the Transit facility. REGULAR CITY COUNCIL MEETING 4 AUGUST 2, 2012 In response to questions from Council, Mr. Swindell stated many changes could take place regarding state tax revenue due to adjustments regarding personal property tax legislation. He gave an overview of the current and proposed legislation and possible ramifications to business owners and municipalities. Mr. Swindell added that because of the Council’s modest revenue estimates, the City has been able to build cash reserves needed to absorb unexpected expenses, such as those related to the Charlotte Fire. Mr. Swindell emphasized that City departments such as Airport, Street Operations and the Transit Department rely heavily on tax revenue for operation. He added that because federal funds are already appropriated within the federal budget, if the City did not accept these grants other municipalities would receive them. In response to questions from Council, Skyler Beebe, Transit Department Operations Supervisor, stated fares for the demand response service is based upon Federal guidelines for the elderly and disabled Mr. Beebe gave an overview of the demand response services provided by the Transit Department. Mr. Swindell gave a summary of the rural transit services provided to outlying counties in the region. There being no further public comments, Mayor Blad closed the oral portion of the public hearing and announced written correspondence would be received until August 15th. He noted that further discussion would take place at the August 9, 2012 Study Session and Council will consider the Fiscal Year 2013 Budget at the August 16, 2012 Regular Council Meeting. AGENDA ITEM NO. 8: This time was set aside for Council to PUBLIC HEARING receive public comments regarding the -FISCAL YEAR 2013 proposed fee changes for Fiscal Year 2013 FEE CHANGES which begins on October 1, 2012. Mayor Blad opened the public hearing. Dave Swindell, Chief Financial Officer, overviewed the proposed fee changes for Fiscal Year 2013. 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. In response to questions from Council, Mr. Swindell stated proposed rates are below the current rate schedule for water and sanitation services. However, cost increases have depleted reserves in the REGULAR CITY COUNCIL MEETING 5 AUGUST 2, 2012 sewer fund. He explained that due to debt service requirements, a one year reserve is necessary. Mr. Swindell stated additional environmental requirements have also contributed to the cost increase. Mayor Blad announced that no written correspondence was received. Larry Gebhart, 1200 Aspen Drive, spoke in support of the fee proposal and feels the City has done an excellent job planning the budget. He feels it is responsible and necessary to take steps to maintain water quality. Mike Seibert, 1665 Pocatello Creek Road, spoke uncommitted to the proposal. He feels power rates for water distribution must also be studied to have an accurate utility rate study. Ralph Baker, 755 North Arthur, spoke uncommitted to the proposal. He feels having a long-term plan in place to get out of debt is important on local, state and national levels. Mr. Swindell stated water rates for City parks and the Bannock County fairgrounds are charged by the acre. He added that the final bond payment for the Ross Park Aquatic Center will be paid during Fiscal Year 2013, resulting in no bonded debt being held by the City. Mr. Swindell announced that the Council will continue to receive written comments until August 15, 2012. There being no further public comments, Mayor Blad closed the oral portion of the public hearing. He noted that Council will consider the proposed fee changes at the August 16, 2012 Regular Council Meeting. AGENDA ITEM NO. 9: Council was asked to approve a request to IFFT GRANT submit an application to the Ifft Foundation APPLICATION-FORT in an amount not to exceed $9,000.00, HALL REPLICA subject to Legal Department approval, to purchase essential equipment to facilitate a stream and pond next to the trappers’s cabin at the Fort Hall Replica. Special events will be held in 2013 for the 50th Anniversary of the Replica and the stream and pond restoration is a key element of the planned events. A motion was made by Mr. Johnston, seconded by Mr. Cooper, to approve a request to submit an application to the Ifft Foundation in an amount not to exceed $9,000.00, subject to Legal Department approval, to purchase essential equipment to facilitate a stream and pond next to the trappers’s cabin at the Fort Hall Replica. REGULAR CITY COUNCIL MEETING 6 AUGUST 2, 2012 Upon roll call, those voting in favor were Johnston, Cooper, Bray, Brown and Nye. Mr. Cooper expressed his appreciation to the Ifft family for their contributions the community. AGENDA ITEM NO. 10: Council was asked to consider a request from “COUNCIL SELECT” Marigolds, represented by Jean Christensen FUNDING REQUEST (mailing address: 1800 Flandro Drive, #330, -CHARLOTTE FIRE Pocatello ID 83201) for “Council Select” CHILDREN FUN DAY funds in the amount of $70.00 to be used to AT ROSS PARK pay for entry fees to the Ross Park Aquatic AQUATIC CENTER Center for 15 children as part of the Charlotte Fire Children Fun Day at Ross Park Aquatic Center on August 13, 2012. (As of July 30, 2012 $2,260.00 remained in the “Council Select” line item.) A motion was made by Mr. Bray, seconded by Mr. Johnston, to approve a request from Marigolds, represented by Jean Christensen, for “Council Select” funds in the amount of $70.00 to be used to pay for entry fees to the Ross Park Aquatic Center for 15 children as part of the Charlotte Fire Children Fun Day at Ross Park Aquatic Center to be held on August 13, 2012. Upon roll call, those voting in favor were Bray, Johnston, Brown, Cooper and Nye AGENDA ITEM NO. 11: Council was asked to approve a request from “COUNCIL SELECT” The Pocatello Sports Committee, represented FUNDING REQUEST by Mike Calley (mailing address: 1410 Kelsea –POCATELLO SPORTS Place, Pocatello ID 83201) for “Council COMMITTEE Select” funds in the amount of $315.00 to be used to pay for sanitation and recycle fees in association with the Pocatello Marathon on Saturday, September 1, 2012 at Lower Ross Park. (As of July 30, 2012 $2,260.00 remained in the “Council Select” line item.) A motion was made by Mr. Bray, seconded by Mrs. Nye, to approve a request from The Pocatello Sports Committee, represented by Mike Calley, for “Council Select” funds in the amount of $250.00 to be used to pay for sanitation and recycle fees in association with the Pocatello Marathon on Saturday, September 1, 2012 at Lower Ross Park. Upon roll call, those voting in favor were Bray, Nye, Brown, Cooper and Johnston. AGENDA ITEM NO. 12: Council was asked to consider an exception EXCEPTION REQUEST request from the Pocatello Sports Committee, FOR VENDOR SALES/BEER represented by Mike Calley (mailing address: PERMIT-POCATELLO 1410 Kelsea Place, Pocatello, ID 83201) to SPORTS COMMITTEE allow vendor sales and the consumption of beer and wine for the Pocatello Marathon on REGULAR CITY COUNCIL MEETING 7 AUGUST 2, 2012 September 1, 2012, 9:00 a.m. through 2:00 p.m. in Lower Ross Park, near the event finish line. The applicant will be required to meet all applicable City and State laws, submit the required applications, pay the applicable fees and provide liability insurance, naming the City as an additional insured. A motion was made by Mrs. Nye, seconded by Mr. Bray, to approve an exception request from the Pocatello Sports Committee, represented by Mike Calley, to allow vendor sales and the consumption of beer and wine for the Pocatello Marathon on September 1, 2012 from 9:00 a.m. through 2:00 p.m. in Lower Ross Park, near the finish line and that the applicant will 1) be required to meet all applicable City and State laws; 2) submit the required applications; 3) pay the applicable fees; and 4) provide liability insurance, naming the City as an additional insured. Upon roll call, those voting in favor were Nye, Bray, Brown and Cooper. Mr. Johnston voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 13: Council was asked to consider exception EXCEPTION REQUEST requests for concession permits to operate a –CONCESSION PERMITS mobile ice cream concession on City streets for the following vendors: -ALL SEASON a) Terry Rademacher, dba All Season Ice Cream; ICE CREAM -COWABUNGA ICE b) Steven Morton, dba Cowabunga Ice Cream; and CREAM -FROZEN GATOR c) Barry Finlay, dba Frozen Gator. If approved, all of the vendors will be required to provide public liability insurance naming the City as an additional insured, meet Southeast Public Health requirements and pay the applicable fee of $100.00 per month during the term of operation. City Council approval is required for this permit because concession operation on City streets is not specifically identified in City Code (5.06.020) as a public place where such sales are allowed. A motion was made by Mr. Brown, seconded by Mrs. Nye, to approve agenda items 13(a) through 13(c) granting exception requests for concession permits to operate mobile ice cream concession on City streets and that all of the vendors will 1) be required to provide public liability insurance naming the City as an additional insured; 2) meet Southeast Public Health requirements; and 3) pay the applicable fee of $100.00 per month during the term of operation. Upon roll call, those voting in favor were Brown, Nye, Bray, Cooper and Johnston. REGULAR CITY COUNCIL MEETING 8 AUGUST 2, 2012 AGENDA ITEM NO. 14: Council was asked to accept the PARKS DEPARTMENT recommendation of staff and consider a bid BID-LARGE AREA received from RMT Equipment in the amount of MOWER $67,775.00 for a large area mower. This will replace a 2005 mower that had a complete engine failure. Although this purchase was not budgeted in Fiscal Year 2012, the mower is necessary to accommodate the current turf mowing schedule. Parks staff feels prudent spending for the remainder of this Fiscal Year and necessary cut-backs will allow the mower purchase without exceeding budgeted amounts. A motion was made by Mr. Cooper, seconded by Mr. Brown, to accept a bid received from RMT Equipment in the amount of $67,775.00 for a large area mower. Upon roll call, those voting in favor were Cooper, Brown, Bray, Johnston and Nye. AGENDA ITEM NO. 15: Council was asked to accept the BID-CITY HALL recommendation by staff to consider bids REMODEL received on July 18, 2012 for building demolition and construction services for the remodel project of a portion of City Hall. Construction Services, Inc. submitted the lowest responsive bid in the amount of $52,636.00. Funding for this project was previously approved by Council. A motion was made by Mr. Bray, seconded by Mrs. Nye, to accept the bids received on July 18, 2012 for building demolition and construction services for the remodel project of a portion of City Hall from Construction Services, Inc. in the amount of $52,636.00. Upon roll call, those voting in favor were Bray, Nye, Brown, Cooper and Johnston. AGENDA ITEM NO. 16: Council was asked to authorize the Mayor to PROFESSIONAL SERVICE enter into three separate agreements for AGREEMENTS-CITY HALL services to accomplish the remodeling REMODEL project of a portion of City Hall with the following providers and amounts: -CONSTRUCTION a) Pending Council’s award of a bid for SERVICES, INC. contractor services to Construction Services, Inc., a Professional Service Agreement with Construction Services, Inc., in an amount not to exceed $52,636.00 for the demolition and remodel of a portion of City Hall; -PORTER’S b) Professional Service agreement with Porter’s STORES, INC. Stores, Inc., in an amount not to exceed $4,900.00 for the inventory, disassembly, acquisition of additional Steelcase components, and reassembly of Steelcase cubicle panels and office furniture; and REGULAR CITY COUNCIL MEETING 9 AUGUST 2, 2012 -CLIMA-TECH c) Service Proposal from Clima-Tech in an amount not to exceed $36,000.00 for the modification of existing ducting, addition of new zones, and addition of variable frequency drives to air handlers necessary for the remodel of a portion of City Hall. A motion was made by Mr. Brown, seconded by Mr. Johnston, to approve agenda items 16(a) through 16(c) for services to accomplish the remodeling project of a portion of City Hall, subject to Legal Department approval. Mr. Cooper clarified that the amount listed in agenda item 16(a) is the same amount referred to in agenda item 15, and not a duplicate charge. Mr. Brown’s motion was voted on at this time. Upon roll call, those voting in favor were Brown, Johnston, Bray, Cooper and Nye. AGENDA ITEM NO. 17: Council was asked to authorize execution of LOCAL PROFESSIONAL an agreement between CH2M Hill, Inc. and the SERVICES AGREEMENT City of Pocatello in the amount of –CENTER STREET $137,000.00 for the Center Street Railroad RAILROAD BRIDGE Bridge Underpass Project, subject to Legal UNDERPASS PROJECT Department approval. Work under this agreement includes a detailed study to determine the best course of action needed to rehabilitate this structure, as well as an accurate cost estimate. Engineering design and construction will follow at a future date. The City’s match is 7.34% or approximately $10,000.00 which is within the budgeted amounts. A motion was made by Mr. Bray, seconded by Mr. Johnston, to authorize execution of an agreement with CH2M Hill, Inc. in the amount of $137,000.00 for the Center Street Railroad Bridge Underpass Project, subject to Legal Department approval. Mr. Bray commented that this agreement begins the process of a long term project to rehabilitate the Center Street underpass. Mr. Bray’s motion was voted on at this time. Upon roll call, those voting in favor were Bray, Johnston, Brown, Cooper and Nye. REGULAR CITY COUNCIL MEETING 10 AUGUST 2, 2012 AGENDA ITEM NO. 18: Council was asked to approve and authorize SUPPLEMENTAL the Mayor’s signature, on a supplemental PROFESSIONAL agreement with Keller Associates in the SERVICES AGREEMENT amount of $27,160.00 for the Gould Street –GOULD STREET Bridge Project. This supplemental Agreement BRIDGE PROJECT is for services already rendered for construction engineering, inspection and sampling services to complete stimulus project repairs to the bridge deck joint seals and associated concrete work. American Recovery and Reinvestment Act (ARRA) funds are available for the supplemental agreement and there is no local City match. A motion was made by Mr. Johnston, seconded by Mrs. Nye, to approve and authorize the Mayor’s signature, on a supplemental agreement with Keller Associates in the amount of $27,160.00 for the Gould Street Bridge Project, subject to Legal Department approval. Upon roll call, those voting in favor were Johnston, Nye, Bray, Brown and Cooper. There being no further business, Mayor Blad adjourned the meeting at 7:38 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK