City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING OCTOBER 17, 2013 CLARIFICATION The City Council Agenda Clarification MEETING Meeting was called to order at 5:33 p.m. by Mayor Brian Blad. Council members present were Roger Bray, Steve Brown, Craig Cooper, Gary Moore and Eva Johnson Nye. Council member Jim Johnston arrived at 5:45 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 6:02 p.m. by Mayor Brian Blad. PLEDGE OF Council members present were Roger Bray, ALLEGIANCE Steve Brown, Craig Cooper, Jim Johnston and Gary Moore, and Eva Johnson Nye. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was offered by Pastor INVOCATION Jonathan Dinger, Grace Lutheran Church. 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 meeting and Regular Council meetings of September 19, 2013 and October 3, 2013; and the October 3, 2013 Executive Session. -TREASURER’S (b) Consider the Treasurer’s Report for REPORT September 2013 showing cash and investments as of September 30, 2013 in the amount of $27,809,070.09. -CHILD CARE (c) Confirm the Mayor’s reappointment of Carol ADVISORY COMMITTEE Grimes to continue her service as a member REAPPOINTMENT of the Child Care Advisory Committee. Ms. Grimes’ term will begin October 21, 2013 and will expire October 21, 2017. 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, Bray, Brown, Cooper and Nye. REGULAR CITY COUNCIL MEETING 2 OCTOBER 17, 2013 AGENDA ITEM NO. 4: Mayor Blad announced that there were COMMUNICATIONS AND no communications or proclamations. PROCLAMATIONS AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the CALENDAR REVIEW November 7th Regular Council meeting at 6:00 p.m.; and the November 14th Study Session at 9:00 a.m. Mayor Blad announced absentee voting will continue at Bannock County Courthouse through November 1st; Marshall Public Library “Teen Reading Week” activities will be held on October 18th from 6:30 p.m. to 9:30 p.m.; Boy Scout Food Drive (scouting for food)for the Idaho Food bank will be held on October 19th; Groundbreaking for the new Animal Shelter Facility will be held on October 23rd at 11:00 a.m.; Zoo Boo will be held on October 26th from 10:00 a.m. to 3:00 p.m. this year’s costume theme is “Creatures of the Night”; Annual leaf collection is scheduled for November 11th through November 22nd; and Election Day is November 5th. AGENDA ITEM NO. 6: Idaho Lorax, Pocatello resident, announced DISCUSSION ITEMS a Town Hall Meeting on Legal Compensation FROM THE AUDIENCE & Consulting October 25, 2013 at 6:00 p.m. held in Council Chambers. He also expressed concern with the removal of signs he had up for display. Kelly Benningfield, 624 West Cedar Street, expressed his feelings about Federal Stimulus Funding for the City of Pocatello. He requested a list of the citizens who did not want the City to take stimulus money. AGENDA ITEM NO. 7: Jack Robison (mailing address P.O. Box 967, APPEAL OF HISTORIC Pocatello, Idaho, ID 83204-0967), PRESERVATION representing the owners of Station Square at COMMISION DECISION 200 South Main Street is appealing a decision by the Historic Preservation Commission (HPC) denying the certificate of appropriateness to replace the historic wood windows with vinyl clad windows in the upper floor of Station Square, the Fargo Building. Jack Robison, 203 South Garfield, explained the appeal for the denial of the application is for the replacement of sixty-one deteriorated painted single pane windows in the upper level of the Station Square, with energy efficient vinyl windows. The material cost of vinyl windows is $8547.00. Mr. Robison noted the basis for denial is that replacing historic wood windows with colored vinyl is not acceptable in the downtown historic district since vinyl was not a product used for windows during the time of significance. He reviewed the cost differences between the two types of windows. REGULAR CITY COUNCIL MEETING 3 OCTOBER 17, 2013 In response to a question from Council, Denny Holt, 829 North Arthur, presented metal and vinyl samples of the windows. Mr. Holt also presented pictures to the Council of vinyl windows installed in other buildings in or near the Historic District. Council discussion continued regarding the difference between vinyl and metal clad windows. Terri Neu, Assistant Planner, explained the application was denied by HPC based on the materials proposed to be used. Ms. Neu stated HPC was not aware of any building located in the Historic District having vinyl windows. She noted that Pocatello Neighborhood Housing Service and the Whitman Hotel project were required to have metal clad windows. Council discussion regarding the life span of windows and the types of windows allowed in the Historic District followed. In response to a question from Council, Rich Diehl, Deputy City Attorney, clarified a misdemeanor citation for failure to meet HPC requirements could result in a $1000.00 fine and six months in jail. In response to questions from Council Ms. Neu shared her concerns that property owners did not receive permission to install vinyl windows. She noted if quality windows are not installed it takes away from the Historic Districts nostalgia. Mr. Robison mentioned the 3rd floor is used for storage and requiring metal clad windows is not in the best interest of the property owner. He feels it will cause an unnecessary expense for a storage area. In response to questions from Council, Stephani Palagi, Old Town Pocatello Executive Director, stated she supports what is best for the historic integrity of the building. However, she is concerned with a $60,000.00 cost difference for the windows. Ms. Palagi feels we need to do a better job working with property owners. In response to questions from Council, Mr. Diehl clarified that allowing vinyl windows at the Fargo building does not set a precedent for other buildings. Each building is considered separately. A motion was made by Mr. Bray, seconded by Mr. Cooper, to allow for the replacement of the wood windows with colored vinyl clad windows for Station Square (the upper floor), a/k/a the Fargo Building, located at 200 South Main Street, and that the decision be set out in the appropriate Council decision format. Upon roll call, those voting in favor were Bray, Cooper, Brown, Johnston, Moore and Nye. REGULAR CITY COUNCIL MEETING 4 OCTOBER 17, 2013 AGENDA ITEM NO. 8: Council was asked to grant a beer/wine LOWER ROSS PARK permit to Kristin Kehrer and Berrett Shuman BEER/WINE APPLICATION (mailing address:775 West Lander, Pocatello, KEHRER/SHUMAN ID 83204)for their wedding reception in Lower Ross Park (southeast corner) on October 19, 2013 from 3:00 p.m.to 6:00 p.m. Ms. Kehrer and Mr. Shuman have submitted an application to the City to allow the consumption of beer and wine at their event. Approval by Council is necessary since this area of the park is not specifically identified in City Code 12.36.060 where the consumption of such beverages is allowed. A motion was made by Mr. Moore, seconded by Ms. Nye, to grant the beer/wine permit to Kristin Kehrer and Berrett Shuman for their wedding reception in Lower Ross Park on October 19, 2013 from 3:00 p.m. to 6:00 p.m. Upon roll call, those voting in favor were Moore, Nye, Bray, Brown, Cooper and Johnston. AGENDA ITEM NO. 9: Council was asked to accept the BID-NEW ANIMAL recommendation of staff regarding the new SHELTER FACILITY Animal Shelter building rebar bid package Number 7A. (a) Accept the bid received on October 3, 2013 from T&K Steel Corp. in the amount of $15,859.00 for fabrication and materials. This bid item will be paid for through a purchase order by Construction Services, Inc. as the construction manager and will be in addition to their original contract. Mayor Blad clarified that Council approved the Animal Shelter site construction cost in the Fiscal Year 2014 budget. A motion was made by Ms. Nye, seconded by Mr. Moore, to accept the bid received on October 3, 2013 from T&K Steel Corp. in the amount of $15,859.00 for fabrication and materials; and that the bid item will be paid for through a purchase order by Construction Services, Inc. as the construction manager and will be in addition to their original contract. Upon roll call, those voting in favor were Nye, Moore, Bray, Brown, Cooper and Johnston. AGENDA ITEM NO. 10: Council was asked to accept the BID/AGREEMENT recommendations of staff for the following NEW ANIMAL SHELTER requests regarding the New Animal Shelter FACILITY facility. (a) Accept the bid received on October 3, 2013 from Keller Construction in the amount of $214,400.00 which includes $5400.00 change to replace one of the construction items REGULAR CITY COUNCIL MEETING 5 OCTOBER 17, 2013 from a steel base to a concrete base. The change will be a better quality product for the project. The steel base will be removed from a future bid package which is believed to be a cost savings for the overall project. Alternate No. 3 for $2,700.00 (concrete work for the cat display)will remain as an alternate bid item at this time with the possibility of adding to the contract in the future and, if the bid is accepted; (b) Authorize the execution of a contract between the City of Pocatello and Keller Construction, in the amount of $214,400.00 with the option to add alternative No. 3 for $2,700.00 for the Animal Shelter building concrete bid package No. 5, subject to Legal Department review. A motion was made by Ms. Nye, seconded by Mr. Johnston, to accept the bid received on October 3, 2013 from Keller Construction in the amount of $214,400.00 and authorize the execution of a contract between the City of Pocatello and Keller Construction, subject to Legal Department review. Upon Roll call those voting in favor were Nye, Johnston, Bray, Brown, Cooper and Moore. AGENDA ITEM NO. 11: Council was asked to consider a Memorandum PPD MOU-IDAHO of Understanding (MOU) with the Idaho TRANSPORTATION Transportation Department. The MOU will DEPARTMENT allow the Pocatello Police Department (PPD) to receive reimbursement for the overtime costs associate with Idaho’s Traffic Enforcement Mobilization for 2014. PPD has participated in the MOU for several years and mobilizations are an important part of the Department’s traffic safety program. A motion was made by Mr. Bray and seconded by Mr. Cooper, to approve the Memorandum of Understanding with the Idaho Transportation Department to receive reimbursement for the overtime costs associated with Idaho’s Traffic Enforcement Mobilization for 2014. Upon roll call, those voting in favor were Bray, Cooper, Brown, Johnston, Moore and Nye. AGENDA ITEM NO. 12: Council was asked to approve a test pumping TEST PUMPING services agreement with Layne Pumps in the SERVICES AGREEMENT amount of $23,760.00 to provide test pumping -SATTERFIELD WELL services for the Satterfield Well project. PROJECT REGULAR CITY COUNCIL MEETING 6 OCTOBER 17, 2013 A motion was made by Mr. Bray, seconded by Mr. Cooper, to approve a test pumping services agreement with Layne Pumps in the amount of $23,760.00. Upon Roll call, those voting in favor were Bray, Cooper, Brown, Johnston, Moore and Nye. AGENDA ITEM NO. 13: Council was asked to ratify a Memorandum of RATIFICATION OF Understanding (MOU) with JH Kelly, LLC, a JH KELLY, LLC-MOU Washington Limited Liability Company which was Hoku Materials, Inc.’s general contractor for the construction project on City owned property located near South Philbin Road. The MOU essentially provides that if JH Kelly is the winning bidder in a bankruptcy auction regarding HOKU, the City will work to extend a short term lease to JH Kelly. A motion was made by Mr. Moore, seconded by Mr. Bray, to ratify the approval of a Memorandum of Understanding with JH Kelly, LLC, a Washington Limited Liability Company which was Hoku Materials, Inc.’s general contractor for the construction project on City owned property located near South Philbin Road. Upon roll call, those voting in favor were Moore, Bray, Brown, Cooper, Johnston and Nye. There being no further business, Mayor Blad adjourned the meeting at 7:23 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KASEY GUTHRIE, ADMINISTRATIVE ASSISTANT