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City Council

Regular Meeting

Pocatello, ID · May 15, 2014

AgendaMinutes

Minutes

CITY OF POCATELLO, IDAHO CITY COUNCIL MEETING - BUDGET DEVELOPMENT MAY 15, 2014 Mayor Brian Blad called the City Council meeting for budget development to order at 9:03 a.m. Council members present were Steve Brown, Craig Cooper, Gary Moore and Michael L. Orr. Council member Eva Johnson Nye arrived at 9:11 a.m. Council member Jim Johnston was excused. David Swindell, Chief Financial Officer, stated that information regarding budgets for City departments would be presented. He gave an overview of the material that would be discussed for use to determine the Fiscal Year 2015 budget and announced that department briefings would be held at this time. Council member Nye arrived at 9:11 a.m. -STREET Randy Ghezzi, Street Operations Superintendent, and David Swindell, OPERATIONS Chief Financial Officer, gave an overview of the estimated Street BUDGET REVIEW Operations budget for Fiscal Year 2015. Mr. Swindell mentioned the revenue anticipated for the Street Fund is up due to an increase in funding from Bannock County Road and Bridge. Mr. Ghezzi noted that the salt shack being used by the department needs to be replaced. He estimates that a new shack will cost $70,000.00 and should serve the department for 20 years. Mr. Ghezzi clarified that costs for new ADA requirements for sidewalks have been included in the budget estimate. He reminded the Council ADA updates are now mandatory if any modifications to the streets are performed. Council discussion followed regarding the new ADA requirements. It was noted that any treatments that affect the crosswalk require modification of the curb. The cost of the mandate and enforcement was reviewed. Mr. Ghezzi reviewed the costs for paint and modifications to the type of paint used and application process. He explained using trucks from the Sanitation Department and modifying them to be dump trucks has been very cost effective. Mr. Ghezzi plans to replace street sweepers every three years because they become expensive to maintain due to many working parts. He noted the City needs reliable sweepers to keep streets clean and be in compliance with EPA requirements. Mr. Ghezzi added that the new EPA requirement will not take place until Fiscal Year 2015 so the current plan is acceptable for this season. Deirdre Castillo, City Engineer, joined Mr. Ghezzi to discuss Fund 70 and updated Council on the South Valley Connector (Cheyenne Overpass) project. She explained this will be the only project for 2014 because the other projects are still in the planning stages. Ms. Castillo mentioned the purchase of Alameda/Jefferson property for the intersection project will close on May 16, 2014. In closing, she reported notification was received stating there will be limited funding for projects in Fiscal Year 2015. -AIRPORT David Allen, Airport Manager and David Swindell, Chief Financial BUDGET REVIEW Officer, gave an overview of the Airport’s estimated budget for Fiscal Year 2015. 2 CITY COUNCIL MEETING BUDGET DEVELOPMENT MAY 15, 2014 Mr. Allen reported that some winters are worse than others so it is sometimes difficult to predict what the needs at the airport will be. He explained the addition of a fourth flight will increase the need for labor over-time costs. In response to questions from Council, Mr. Allen explained staff periodically contacts other airports to see what they charge for rentals such as hangars, buildings, etc. He noted that rental amounts for structures at airports have a history of being low. Mr. Orr shared his concerns with having an increase based upon the Consumer Price Index only and would like staff to research this in more depth. Mr. Swindell explained funding for FAA airport improvements are through passenger fees. The proposed boarding bridge and snow removal equipment are included in this fund. -MARSHALL Eric Suess, Library Director; Sue VanDerHorn, Associate Director; and LIBRARY David Swindell, Chief Financial Officer; gave an overview of the BUDGET REVIEW Library’s estimated budget for Fiscal Year 2015. Mr. Suess and Ms. VanDerHorn reviewed the proposed Fiscal Year 2015 budget for the Marshall Public Library. Mr. Suess noted two significant changes to their budget include a request for an Early-Childhood librarian and a cost increase for staff taking advantage of education benefits provided by the City. He reviewed the need of more e-books and other library materials. In response to a question from Council, Ms. VanDerHorn clarified the professional services expense is for repair work done that is not included in the regular maintenance agreements. -VIDEO SERVICES Kathy Oborn, Video Services Director, and David Swindell, Chief BUDGET REVIEW Financial Officer, gave an overview of the estimated Video Services Department budget for Fiscal Year 2015. Mrs. Oborn noted the large increase in personnel costs for Fiscal Year 2015 is the pay-off for her retirement in December 2014. She reviewed the proposal to provide streaming video of City events and the estimated costs for this new service. Mrs. Oborn gave an overview of a new labor request for a Government Production Specialist that would be half-time. Mayor Blad called a recess at 10:19 a.m. Council President Craig Cooper reconvened the meeting at 10:34 a.m. and Mayor Blad was excused from the meeting at this time. -TRANSIT Dave Hunt, Pocatello Urban Transit Director, and David Swindell, DEPARTMENT Chief Financial Officer, gave an overview of the estimated Transit BUDGET REVIEW Department budget for Fiscal Year 2015. Mr. Swindell noted the decrease in capital outlay expense for Fiscal Year 2015 is the result of not having a facility building expense. He explained the normal operating budget is between $2.8 million and $3.2 million. Mr. Swindell mentioned the department is not planning to replace any buses with new buses in Fiscal Year 2015. 3 CITY COUNCIL MEETING BUDGET DEVELOPMENT MAY 15, 2014 Mr. Hunt noted that there is a plan to replace some of their rolling stock. He explained that Utah Transit Authority is preparing to surplus buses and the City of Pocatello is at the top of the list to receive 10 buses at no cost to the City. Mr. Swindell reviewed the general fund subsidy for Transit and suggested an increase of $10,000.00 to bring this amount back in line with previous years. Mr. Hunt reviewed the city centered system and rural system. He noted there were confrontations with the cost allocation plan/rate and now a higher percentage of the costs will shift from city to rural. Mr. Hunt explained their partners in the county are starting to help with the expense. In response to questions from Council, Mr. Hunt noted the new Transit facility is coming along well. He reported Idaho National Laboratory and other entities plan to lease sections of the facility’s grounds to store their buses and this will generate rental income. Mr. Swindell explained the Sanitation Department plans to purchase the old transit shop and vacate the roadway. He noted the Street Department has completed work at the new facility and this will count toward the Federal match for the project. Mr. Hunt explained the new bus shelter is large enough to cover 40 buses and will protect City buses and Salt Lake Express buses. He announced August 12, 2014 is the proposed date for the new facility’s grand opening. -RECREATION Alan Green, Interim Director; Brian Lowman, Outdoor Recreation; BUDGET REVIEW Staci VanKirk, Community Recreation Center Manager; and David Swindell, Chief Financial Officer, gave an overview of the estimated Recreation Department budget for Fiscal Year 2015. OUTDOOR RECREATION - Mr. Green explained Lance Clark, Outdoor Recreation Programer, is on a float trip and Tony Chesrow, Recreation staff would review the budget for Outdoor Recreation. Mr. Green explained there is a request to increase the budget to cover costs for Fun Run supplies. Mr. Chesrow noted staff would like to purchase a UTV to be used on trails in summer and at the Nordic Center in winter. He explained this will eliminate using an old snowmobile which is expensive to maintain. Staff is trying to limit use of the department’s snowcat in winter because it is expensive to operate. TEAM SPORTS – Mr. Lowman stated the increase in this budget is to update the softball complex. He explained materials are needed to update fields and make them more pleasant to use while at the field. Mr. Lowman feels the City has a very healthy little league baseball program. ROSS PARK AQUATIC COMPLEX – Ms. VanKirk reviewed the request to change one-half of the Aquatic Complex’s lockers to coin operated lockers to make this convenient for visitors. She also noted lily pads at the Complex need to be replaced because they are 15 years old. 4 CITY COUNCIL MEETING BUDGET DEVELOPMENT MAY 15, 2014 Mr. Green gave an update on the waterslide and outlined suggestions for modifications received from an engineering firm. He reminded the Council the slide is 30 years old and the tower steps have been replaced over the life of the slide. Mr. Green suggested instead of investing a lot of money into the old slide the City look at purchasing a new slide. Ms. VanKirk agreed with Mr. Green that funds need to be placed aside for maintenance/replacing the waterslide structure. COMMUNITY RECREATION CENTER – Ms. VanKirk, explained liquid chlorine for the pool is stored in the basement of the Center. The chlorine breaks down very fast and quickly becomes unusable. As a result, she would like to switch from liquid chlorine to a solid that will not deteriorate as quickly. Ms. VanKirk noted inmates from the Pocatello Women’s Correctional Center clean the facility and she suggested hiring a professional cleaner because of issues with availability. She would prefer the cleaning to be done in the evening hours when participants are not using the facility. Ms. VanKirk proposed to put aside funds to use during their annual closure to update the facility. GOLF DIVISION – Mr. Green explained the Golf Advisory Committee suggested three locations for restrooms upgrades for the golf course. The areas are Highland Golf Course No. 15, No. 2 and Riverside Golf Course No. 6. Mr. Moore feels it is important to recognize that these recommendations came from the City’s Golf Advisory Committee and noted Fore Golf is working to improve the golf courses. FORT HALL REPLICA – Mr. Green noted there is a small increase to the budget to run a circulating pump with new waterfall at the Replica. CEMETERY - Martin Peace, Cemetery Sexton, and David Swindell, Chief Financial Officer, gave an overview of the estimated Cemetery Division budget for Fiscal Year 2015. Mr. Peace would like to replace the main gate at Mountain View Cemetery and suggested a four percent increase in cemetery fees to help cover general maintenance costs. He researched the fees charged at other large cemeteries in the State of Idaho and the proposed increase will bring the City’s fees more in line with other cemeteries. Mr. Peace gave an update on policies other cities have for ash burials. He explained Pocatello allows one full size and one ash burial in a plot. Most other cities allow one full size and 2 ash burials. Mr. Peace noted Friends of the Cemetery Committee is in support of allowing 2 ash burials and one full size burial per plot. He stated a new ordinance could also allow an infant to be placed in the space if there is room. Mr. Cooper stated the City is seeing more cremation burials and feels this is a good recommendation. -BUILDING DEPT. Lynn Transtrum, Building Official and David Swindell, Chief Financial AND CITY HALL Officer, gave an overview of the estimated Building Department and BUDGET REVIEW City Hall budgets for Fiscal Year 2015. Mr. Transtrum stated he would like to replace a vehicle that has high maintenance costs with a used vehicle in 2015. He noted there are no increases in labor and does not plan to fill an inspector position until the sale of building permits increase and shows there is a need. 5 CITY COUNCIL MEETING BUDGET DEVELOPMENT MAY 15, 2014 Mr. Transtrum explained he sent out a request to staff asking for a list of needs for the City Hall building. The response from staff included the following: 1) paint the exterior of the building; 2) replace carpeting; 3) replace drinking fountains; 4) roof replacement; 5) new power entry doors; 6) restroom renovations (6 each); and 7) curb gutter sidewalk replacement (partial). Discussion regarding replacing the roof at City Hall and saving for this expense over a 2 year period followed. Mr. Swindell explained funds have been placed aside in prior years for City Hall maintenance. He noted $122,000.00 has been put away for the roof and could be used for other needs at this time. However, this will delay the roof repairs. Council discussion followed regarding what priorities need to be addressed immediately. Mr. Swindell suggested using $50,000.00 to $80,000.00 toward the needs identified at City Hall. In closing, Mr. Swindell reviewed the upcoming budget meetings schedule and gave an overview of information that will be available on the City’s website. He noted revenue adjustments will be reviewed at the next meeting on June 5, 2014 with a follow-up meeting on June 26, 2014. Council President Cooper adjourned the meeting at 11:46 a.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING MAY 15, 2014 CLARIFICATION The City Council Agenda Clarification Meeting was called MEETING to order at 5:36 p.m. by Mayor Brian Blad. Council members present were Steve Brown, Craig Cooper, Gary Moore, Eva Johnson Nye and Michael L. Orr. Council member Jim Johnston 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 6:04 p.m. ROLL CALL AND by Mayor Brian Blad. Council members present were Steve Brown, PLEDGE OF Craig Cooper, Gary Moore, Eva Johnson Nye and Michael L. Orr. ALLEGIANCE Council member Jim Johnston was excused. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was given by Pastor Jeff Fadness of Calvary Chapel INVOCATION Pocatello. AGENDA ITEM NO. 3: Council was asked to consider the following business items: CONSENT AGENDA -MINUTES (a) Council may wish to waive the oral reading of the minutes and approve the minutes from the April 10, 2014 Study Session and May 1, 2014 Budget Development meeting. -TREASURER’S (b) Council may wish to consider the Treasurer’s Report for April, REPORT showing cash and investments as of April 30, 2014 in the amount of $26,450,775.69. -CONCESSION (c) Council may wish to grant an exception to City Ordinance (City PERMIT-BOB’S Code 5.06.020) to allow Dani Bird, dba Bob’s Polar Express, LLC to POLAR EXPRESS, LLC operate a mobile ice cream concession on City streets. Mrs. Bird has provided the required liability insurance, naming the City as an additional insured, and has met the Southeast Public Health requirements. City Council has approved an exception for a mobile concession vendor permit for Bob’s Polar Express for the past four years. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve the items on the consent agenda. Upon roll call, those voting in favor were Moore, Nye, Brown, Cooper and Orr. AGENDA ITEM NO. 4 Mr. Cooper, on behalf of Mayor Blad, proclaimed the week of May COMMUNICATIONS AND 12 through May 19, 2014 as Salvation Army Week in Pocatello. The PROCLAMATIONS Mayor presented the proclamation to Brenda Ames and Major Ben LaBarge (Retired) of the Salvation Army. Ms. Ames and Major LaBarge thanked the Council for the proclamation and encouraged citizens to support the Salvation Army. REGULAR CITY COUNCIL MEETING 2 MAY 15, 2014 AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the June 5th Alameda/Jefferson CALENDAR REVIEW Intersection meeting at 9:00 a.m.; the June 5th Budget meeting, immediately following the intersection meeting; and the June 5th Regular City Council meeting at 6:00 p.m. Mayor Blad announced the City Wide Cleanup would take place on Saturday, May 17th at 8:30 a.m. Meet in City Hall parking lot; the Ross Park Aquatic Center will open on Saturday, May 24th, weather permitting; City offices will be closed Monday, May 26th for the Memorial Day Holiday. However, garbage and recycling pick-ups will be on schedule; Brady Chapel Open House at Mountain View Cemetery will be held Monday, May 26th from 10:00 a.m. to 4:00 p.m.; Field of Heroes will be at Century High School May 23rd through May 26th; and Mayor Blad offered congratulations to all area high school graduates. Mayor Blad reminded residents that absentee voting continues at the Bannock County Courthouse through May 16th and Election Day is May 20th. AGENDA ITEM NO. 6: Niki Taysom, 4604 Burley Drive, Chubbuck, shared DISCUSSION ITEMS her concerns regarding EPA requirements and City utility fees. FROM THE AUDIENCE Tonya Burgoyne, 1400 East Cedar Street, shared her support for Proposition 1 on the May 20, 2014 ballot. AGENDA ITEM NO. 7: Council was asked to confirm the Mayor’s appointment of Michael APPOINTMENT Jaglowski to the position of Director of Public Works effective May CONFIRMATION-DIRECTOR 27, 2014. OF PUBLIC WORKS A motion was made by Mr. Moore, seconded by Mr. Orr, to confirm the Mayor’s appointment of Michael Jaglowski to the position of Director of Public Works effective May 27, 2014. Upon roll call, those voting in favor were Moore, Orr, Brown, Cooper and Nye. Mr. Jaglowski introduced himself to the community and thanked the Mayor and Council for choosing him for the Public Works Director position. AGENDA ITEM NO. 8: Council was asked to consider the following personnel actions in the RETIREMENT Finance Department: RECOGNITION AND APPOINTMENT CONFIRMATION OF CHIEF FINANCIAL OFFICER/CITY TREASURER TREASURER a) Recognize City Treasurer Jerry Higgins for his 28 years of service on RECOGNITION the occasion of his upcoming retirement on May 30, 2014; and TREASURER b) Confirm the Mayor’s appointment of David Swindell to the position APPOINTMENT of Chief Financial Officer/City Treasurer effective May 30, 2014. Mr. Swindell will be the authorized signer on the City’s bank accounts, savings accounts and investment accounts; and shall designate City staff as authorized signers where applicable. REGULAR CITY COUNCIL MEETING 3 MAY 15, 2014 A motion was made by Mrs. Nye, seconded by Mr. Brown, to a) recognize City Treasurer Jerry Higgins for his 28 years of service; and b) confirm the Mayor’s appointment of David Swindell to the position of Chief Financial Officer/City Treasurer effective May 30, 2014 and that Mr. Swindell shall be the authorized signer on the City’s bank accounts, savings accounts and investment accounts; and shall designate City staff as authorized signers where applicable. In response to a question from Mr. Brown, Mr. Swindell clarified the duties of his new position and City officers required by State Code. He noted a budget analyst and treasure specialist will be hired to assist him with his duties. Mrs. Nye’s motion was voted upon at this time. Upon roll call, those voting in favor were Nye, Brown, Cooper, Moore and Orr. AGENDA ITEM NO. 9: This time was set aside to receive public comments on proposed PUBLIC HEARING amendments to the Fiscal Year 2014 Budget. PROPOSED FISCAL YEAR 2014 MAY BUDGET AMENDMENTS Mayor Blad opened the public hearing. Dave Swindell, Chief Financial Officer gave a summary of the proposed amendments, outlining the detailed amendments in ten different funds. In response to questions from Council, Mr. Swindell explained that Employee Wellness Fund 053 is an internal transfer from the City’s self-insured medical insurance fund cash reserve to the Animal Shelter project fund. The funds in 053 ended in Fiscal Year 2013 as the City now purchases insurance. Mayor Blad announced no written correspondence had been received. Niki Taysom, 4604 Burley Drive, Chubbuck, spoke in opposition to the proposed amendments. She had questions regarding the use of funds for the golf course, the Chief Theater fund, the Animal Shelter construction project and the Transit Department. Mr. Swindell explained that the publically owned golf course is run by a private concessionaire and they restrict non-golf related access for safety reasons. He stated the Chief Theater funds are appropriated each year through the Pocatello Arts Council for community arts projects. Mr. Swindell explained the Animal Shelter construction project was staying well within the budget and the use of cash reserves for the project is an appropriate use of funds. He thanked the public for their comments. There being no further public comments, Mayor Blad closed the public hearing. AGENDA ITEM NO. 10: Council was asked to consider a request by Adam and Eve, RIGHT OF WAY USE represented by Dana Vance of Superior Signs (mailing address: 812 LICENSE-657 NORTH Main Street, Caldwell, ID 83605) for a Right-Of-Way Use License to MAIN STREET allow placement of a projecting sign at the front of the business, projecting over the sidewalk on Main Street, and an awning over the side door of the business, projecting over the sidewalk on West Bridger Street, at 657 North Main Street. REGULAR CITY COUNCIL MEETING 4 MAY 15, 2014 A motion was made by Mr. Moore, seconded by Mr. Cooper, to approve a request by Adam and Eve, represented by Dana Vance of Superior Signs for a Right-Of-Way Use License to allow placement of a projecting sign at the front of the business, projecting over the sidewalk on Main Street, and an awning over the side door of the business, projecting over the sidewalk on West Bridger Street, at 657 North Main Street, with the condition that a Certificate of Liability will be provided to the City with the City listed as an additional insured in accordance with the Idaho Tort Claims Act. Upon roll call, those voting in favor were Moore, Cooper, Brown, Nye and Orr. AGENDA ITEM NO. 11: Council was asked to consider a request from the Idaho Memorial “COUNCIL SELECT” Field of Heroes for “Council Select” funds in the amount of $250.00 FUNDING REQUEST to be used to help pay for portable restroom facilities for the Field -FIELD OF HEROES of Heroes event May 23 through 26, 2014. (As of May 9, 2014 $4,598.42 remained in the “Council Select” fund.) A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve a request to use “Council Select” funds in the amount of $250.00 to help pay for portable restroom facilities for the Field of Heroes event May 23 through 26, 2014. Mr. Orr stated he feels the funding request is for a good cause. He attempted to speak to the person who requested the funding, but that person refused to speak with Mr. Orr. Mr. Moore’s motion was voted upon at this time. Upon roll call, those voting in favor were Moore, Nye, Brown and Cooper. Mr. Orr voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 12: Council was asked to consider a request from Portneuf District “COUNCIL SELECT” Library, represented by Amanda Bowden (mailing address: 5210 FUNDING REQUEST Stuart, Chubbuck ID 83202) for “Council Select” funds in the –PORTNEUF DISTRICT amount of $248.00 for 62 Ross Park Aquatic Center passes. The LIBRARY passes will be used as prizes for the Library’s Summer Reading Challenge for students. (As of May 9, 2014 $4,598.42 remained in the “Council Select” fund.) A motion was made by Mr. Orr, seconded by Mr. Cooper, to deny a request to use “Council Select” funds in the amount of $248.00 for 62 Ross Park Aquatic Center passes to be used as prizes for the Library’s Summer Reading Challenge for students. Upon roll call, those voting in favor were Orr, Cooper, Brown, Moore and Nye. AGENDA ITEM NO. 13: Council was asked to approve submission of a grant to Portneuf GRANT APPLICATION Health Care Foundation in the amount of $19,572.00 and, if –PORTNEUF HEALTH awarded, authorize acceptance of the grant and authorize the Mayor CARE FOUNDATION to sign, subject to Legal Department review, documents related to the grant. The grant will be used to purchase a MYLaps timing system to accommodate for growth of participants and provide a safe and fun environment for the City’s Fun Run Series. There is a 25% City match ($4,893.00) and funds are available in the Recreation budget. A motion was made by Mrs. Nye, seconded by Mr. Orr, to approve submission of a grant to Portneuf Health Car Foundation in the amount of $19,572.00 and, if awarded, authorize acceptance of the grant REGULAR CITY COUNCIL MEETING 5 MAY 15, 2014 and authorize the Mayor to sign, subject to Legal Department review, documents related to the grant and that the City match in the amount of $4,893.00 will be paid from the Recreation budget. Upon roll call, those voting in favor were Nye, Orr, Brown, Cooper and Moore. AGENDA ITEM NO. 14: Council was asked to consider the recommendation of staff for the BID/AGREEMENT following requests for the Edson Fichter Restroom Improvement –EDSON FICHTER Project: RESTROOM IMPROVEMENT PROJECT BID ACCEPTANCE a) Accept the low responsive bid received on April 29, 2014 from Harper Construction, Inc. in the amount of $167,938.00 and, if the bid is accepted; AGREEMENT b) Authorize the Mayor’s execution of the Agreement between the City of Pocatello and Harper Construction, Inc. in the amount of $167,938.00 for the Edson Fichter Restroom Improvement Project, subject to Legal Department review. Funds for this project are available in the Fund 71 Fiscal Year 2014 Budget. A motion was made by Mr. Moore, seconded by Mrs. Nye, to a) accept the low responsive bid received on April 29, 2014 from Harper Construction, Inc. in the amount of $167,938.00 and b) authorize the Mayor’s execution of the Agreement between the City of Pocatello and Harper Construction, Inc. in the amount of $167,938.00 for the Edson Fichter Restroom Improvement Project, subject to Legal Department review. Upon roll call, those voting in favor were Moore, Nye, Brown, Cooper and Orr. AGENDA ITEM NO. 15: Council was asked to accept the recommendation of staff and award TRUCK BID the bid of one (1) 2015 cab and chassis with Heil Retriever/Satellite –SANITATION packer body to Peterbilt of Utah who provided the lowest responsive bid in the amount of $142,114.00 and authorize the Mayor to sign documents related to the bid. A motion was made by Mr. Brown, seconded by Mrs. Nye, to accept the recommendation of staff and award the bid of one (1) 2015 cab and chassis with Heil Retriever/Satellite packer body to Peterbilt of Utah who provided the lowest responsive bid in the amount of $142,114.00 and authorize the Mayor to sign documents related to the bid. Upon roll call, those voting in favor were Brown, Nye, Cooper, Moore and Orr. AGENDA ITEM NO. 16: Council was asked to consider a request from Old Town Pocatello TEMPORARY STREET (mailing address: PO Box 222, Pocatello ID 83204) to close the 200 CLOSURE REQUEST block of West Fremont and a portion of the 300 and 400 blocks of –OLD TOWN POCATELLO Union Pacific Avenue for the following 2014 events: REVIVE AT 5 a) Wednesdays beginning May 28th to September 12th from 2:00 p.m. to 10:00 p.m.; POCATELLO PRIDE b) Saturday, June 28th from 2:00 p.m. to 10:00 p.m.; REGULAR CITY COUNCIL MEETING 6 MAY 15, 2014 WELCOME BACK c) Monday, August 25th from 12:00 noon to 8:00 p.m.; and ORANGE AND BLACK RECOVERY FEST d) Friday, September 12th from 2:00 p.m. to 10:00 p.m. City staff has reviewed the request. A motion was made by Mr. Moore, seconded by Mr. Orr, to approve a request from Old Town Pocatello to close the 200 block of West Fremont and a portion of the 300 and 400 blocks of Union Pacific Avenue for the 2014 events as outlined in agenda item No. 16(a) through 16(d). Upon roll call, those voting in favor were Moore, Orr, Brown, Cooper and Nye. AGENDA ITEM NO. 17: Council was asked to consider a request from Old Town Pocatello OPEN CONTAINER (mailing address: PO Box 222, Pocatello ID 83204) for a waiver of WAIVER REQUEST the open container ordinance to allow alcohol to be consumed in – OLD TOWN POCATELLO the 200 block of West Fremont and a portion of the 400 block of Union Pacific Avenue for Revive @ 5 events on Wednesdays May 28 to September 10, 2014 from 4:30 p.m. to 9:00 p.m. If the open container ordinance is waived, it should be contingent upon the applicant meeting Police Department requirements and purchasing appropriate permits. A motion was made by Mrs. Nye, seconded by Mr. Moore, to approve a request from Old Town Pocatello for a waiver of the open container ordinance to allow alcohol to be consumed in the 200 block of West Fremont and a portion of the 400 block of Union Pacific Avenue for Revive @ 5 events on Wednesdays, May 28 to September 10, 2014 from 4:30 p.m. to 9:00 p.m. Upon roll call, those voting in favor were Nye, Moore, Brown, Cooper and Orr. AGENDA ITEM NO. 18: Council was asked to approve, and authorize the Mayor to sign, a POCATELLO RACEWAY lease agreement between the City and Pocatello Raceway, LLC for LEASE AGREEMENT property at the airport for the continued operation of a circle race –AIRPORT track. The agreement will be for a five-year term and the rental rate will be $3,228.00 per year. A motion was made by Mr. Moore, seconded by Mr. Brown, to approve and authorize the Mayor to sign, a lease agreement between the City and Pocatello Raceway, LLC for property at the airport for the continued operation of a circle race track; that the agreement will be for a five-year term; and the rental rate will be $3,228.00 per year. Upon roll call, those voting in favor were Moore, Brown, Cooper, Nye and Orr. AGENDA ITEM NO. 19: Council was asked to accept the recommendation of staff and SURPLUS EQUIPMENT declare a 1981 Snowblast Sweeper as surplus property and authorize DONATION-AIRPORT its donation to McCall Airport. The recent purchase of a new sweeper has made this equipment surplus and no longer needed by the Airport. A motion was made by Mr. Orr, seconded by Mr. Moore, to a) accept the recommendation of staff to declare a 1981 Snowblast Sweeper as surplus property; b) deny donation of the sweeper to McCall Airport; and c) that the 1981 Snowblast Sweeper be sold at auction for its disposal. Upon roll call, those voting in favor were Orr, Moore, Brown, Cooper and Nye. REGULAR CITY COUNCIL MEETING 7 MAY 15, 2014 AGENDA ITEM NO. 20: Council was asked to adopt a Resolution authorizing the Legal RESOLUTION-JUDICIAL Department to file a Petition for Judicial Confirmation regarding the CONFIRMATION power and authority of the City to enter into a loan agreement or bond sale agreement and other related documents with the State of Idaho Bond Bank Authority, a commercial investment banking firm, the Idaho Department of Environmental Quality, or other financial institution, to secure funding for a Wastewater Treatment Facility Design and Construction Project; more specifically to implement Phase 1 improvements as delineated in the City’s WPC Facilities Plan, prepared by HDR Engineering, Inc., dated December 2013. The amount of the proposed loan or bond sale is between sixteen million seven hundred thousand dollars ($16,700,000.00) and twenty-three million four hundred thousand dollars ($23,400,000.00) depending upon final engineering cost estimates. The bonds are to be repaid in bi-annual installments over a twenty (20) year period at interest ranging between 3.5 percent to 5.5 percent, depending upon market conditions at the time of bond sale. The loan payments would be made by the user fees collected from those using the City’s sewer services. A public hearing on this matter was held at the May 1, 2014 Regular City Council meeting. Judicial Confirmation is required in order to obtain the loan. A motion was made by Mrs. Nye, seconded by Mr. Brown, to adopt a Resolution (2014-11) authorizing the Legal Department to file a Petition for Judicial Confirmation regarding the power and authority of the City to enter into a loan agreement or bond sale agreement and other related documents with the State of Idaho Bond Bank Authority, a commercial investment banking firm, the Idaho Department of Environmental Quality, or other financial institution, to secure funding for a Wastewater Treatment Facility Design and Construction Project; more specifically to implement Phase 1 improvements as delineated in the City’s WPC Facilities Plan, prepared by HDR Engineering, Inc., dated December 2013 and that the amount of the proposed loan or bond sale is between sixteen million seven hundred thousand dollars ($16,700,000.00) and twenty-three million four hundred thousand dollars ($23,400,000.00) depending upon final engineering cost estimates, with the bonds to be repaid in bi- annual installments over a twenty (20) year period at interest ranging between 3.5 percent to 5.5 percent, depending upon market conditions at the time of bond sale. Upon roll call, those voting in favor were Nye, Brown, Cooper, Moore and Orr. AGENDA ITEM NO. 21: Council was asked to consider an ordinance approving an ORDINANCE amendment to the Fiscal Year 2014 Appropriations Ordinance FISCAL YEAR 2014 increasing the total Fiscal Year expenditures by $1,689,957.00 to APPROPRIATIONS account for additional revenues, including grant funds, received by the City and to use previously unappropriated cash balances for unanticipated expenses incurred by the City. A motion was made by Mr. Moore, seconded by Mr. Brown, that the ordinance, Agenda Item 21, be read only by title and placed on final passage for publication, and that the entire ordinance be submitted for publication. Upon roll call, those voting in favor were Moore, Brown, Cooper, Nye and Orr. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance approving an amendment to the Fiscal Year 2014 Appropriations Ordinance increasing the total Fiscal Year expenditures by $1,689,957.00 to account for additional revenues, including grant funds, received by the City and to use previously unappropriated cash balances for unanticipated expenses incurred by the City. Mayor Blad asked “Shall the ordinance pass?” Upon roll call, those voting in favor were Brown, Cooper, Nye, Moore and Orr. Mayor Blad REGULAR CITY COUNCIL MEETING 8 MAY 15, 2014 declared the ordinance and summary sheet passed, that it be numbered 2933 and that the entire ordinance be submitted to the Idaho State Journal for publication. There being no further business, Mayor Blad adjourned the meeting at 7:01 p.m. APPROVED BY: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CITY CLERK CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING MAY 15, 2014 CLARIFICATION The City Council Agenda Clarification Meeting was called MEETING to order at 5:36 p.m. by Mayor Brian Blad. Council members present were Steve Brown, Craig Cooper, Gary Moore, Eva Johnson Nye and Michael L. Orr. Council member Jim Johnston 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 6:04 p.m. ROLL CALL AND by Mayor Brian Blad. Council members present were Steve Brown, PLEDGE OF Craig Cooper, Gary Moore, Eva Johnson Nye and Michael L. Orr. ALLEGIANCE Council member Jim Johnston was excused. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was given by Pastor Jeff Fadness of Calvary Chapel INVOCATION Pocatello. AGENDA ITEM NO. 3: Council was asked to consider the following business items: CONSENT AGENDA -MINUTES (a) Council may wish to waive the oral reading of the minutes and approve the minutes from the April 10, 2014 Study Session and May 1, 2014 Budget Development meeting. -TREASURER’S (b) Council may wish to consider the Treasurer’s Report for April, REPORT showing cash and investments as of April 30, 2014 in the amount of $26,450,775.69. -CONCESSION (c) Council may wish to grant an exception to City Ordinance (City PERMIT-BOB’S Code 5.06.020) to allow Dani Bird, dba Bob’s Polar Express, LLC to POLAR EXPRESS, LLC operate a mobile ice cream concession on City streets. Mrs. Bird has provided the required liability insurance, naming the City as an additional insured, and has met the Southeast Public Health requirements. City Council has approved an exception for a mobile concession vendor permit for Bob’s Polar Express for the past four years. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve the items on the consent agenda. Upon roll call, those voting in favor were Moore, Nye, Brown, Cooper and Orr. AGENDA ITEM NO. 4 Mr. Cooper, on behalf of Mayor Blad, proclaimed the week of May COMMUNICATIONS AND 12 through May 19, 2014 as Salvation Army Week in Pocatello. The PROCLAMATIONS Mayor presented the proclamation to Brenda Ames and Major Ben LaBarge (Retired) of the Salvation Army. Ms. Ames and Major LaBarge thanked the Council for the proclamation and encouraged citizens to support the Salvation Army. REGULAR CITY COUNCIL MEETING 2 MAY 15, 2014 AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the June 5th Alameda/Jefferson CALENDAR REVIEW Intersection meeting at 9:00 a.m.; the June 5th Budget meeting, immediately following the intersection meeting; and the June 5th Regular City Council meeting at 6:00 p.m. Mayor Blad announced the City Wide Cleanup would take place on Saturday, May 17th at 8:30 a.m. Meet in City Hall parking lot; the Ross Park Aquatic Center will open on Saturday, May 24th, weather permitting; City offices will be closed Monday, May 26th for the Memorial Day Holiday. However, garbage and recycling pick-ups will be on schedule; Brady Chapel Open House at Mountain View Cemetery will be held Monday, May 26th from 10:00 a.m. to 4:00 p.m.; Field of Heroes will be at Century High School May 23rd through May 26th; and Mayor Blad offered congratulations to all area high school graduates. Mayor Blad reminded residents that absentee voting continues at the Bannock County Courthouse through May 16th and Election Day is May 20th. AGENDA ITEM NO. 6: Niki Taysom, 4604 Burley Drive, Chubbuck, shared DISCUSSION ITEMS her concerns regarding EPA requirements and City utility fees. FROM THE AUDIENCE Tonya Burgoyne, 1400 East Cedar Street, shared her support for Proposition 1 on the May 20, 2014 ballot. AGENDA ITEM NO. 7: Council was asked to confirm the Mayor’s appointment of Michael APPOINTMENT Jaglowski to the position of Director of Public Works effective May CONFIRMATION-DIRECTOR 27, 2014. OF PUBLIC WORKS A motion was made by Mr. Moore, seconded by Mr. Orr, to confirm the Mayor’s appointment of Michael Jaglowski to the position of Director of Public Works effective May 27, 2014. Upon roll call, those voting in favor were Moore, Orr, Brown, Cooper and Nye. Mr. Jaglowski introduced himself to the community and thanked the Mayor and Council for choosing him for the Public Works Director position. AGENDA ITEM NO. 8: Council was asked to consider the following personnel actions in the RETIREMENT Finance Department: RECOGNITION AND APPOINTMENT CONFIRMATION OF CHIEF FINANCIAL OFFICER/CITY TREASURER TREASURER a) Recognize City Treasurer Jerry Higgins for his 28 years of service on RECOGNITION the occasion of his upcoming retirement on May 30, 2014; and TREASURER b) Confirm the Mayor’s appointment of David Swindell to the position APPOINTMENT of Chief Financial Officer/City Treasurer effective May 30, 2014. Mr. Swindell will be the authorized signer on the City’s bank accounts, savings accounts and investment accounts; and shall designate City staff as authorized signers where applicable. REGULAR CITY COUNCIL MEETING 3 MAY 15, 2014 A motion was made by Mrs. Nye, seconded by Mr. Brown, to a) recognize City Treasurer Jerry Higgins for his 28 years of service; and b) confirm the Mayor’s appointment of David Swindell to the position of Chief Financial Officer/City Treasurer effective May 30, 2014 and that Mr. Swindell shall be the authorized signer on the City’s bank accounts, savings accounts and investment accounts; and shall designate City staff as authorized signers where applicable. In response to a question from Mr. Brown, Mr. Swindell clarified the duties of his new position and City officers required by State Code. He noted a budget analyst and treasure specialist will be hired to assist him with his duties. Mrs. Nye’s motion was voted upon at this time. Upon roll call, those voting in favor were Nye, Brown, Cooper, Moore and Orr. AGENDA ITEM NO. 9: This time was set aside to receive public comments on proposed PUBLIC HEARING amendments to the Fiscal Year 2014 Budget. PROPOSED FISCAL YEAR 2014 MAY BUDGET AMENDMENTS Mayor Blad opened the public hearing. Dave Swindell, Chief Financial Officer gave a summary of the proposed amendments, outlining the detailed amendments in ten different funds. In response to questions from Council, Mr. Swindell explained that Employee Wellness Fund 053 is an internal transfer from the City’s self-insured medical insurance fund cash reserve to the Animal Shelter project fund. The funds in 053 ended in Fiscal Year 2013 as the City now purchases insurance. Mayor Blad announced no written correspondence had been received. Niki Taysom, 4604 Burley Drive, Chubbuck, spoke in opposition to the proposed amendments. She had questions regarding the use of funds for the golf course, the Chief Theater fund, the Animal Shelter construction project and the Transit Department. Mr. Swindell explained that the publically owned golf course is run by a private concessionaire and they restrict non-golf related access for safety reasons. He stated the Chief Theater funds are appropriated each year through the Pocatello Arts Council for community arts projects. Mr. Swindell explained the Animal Shelter construction project was staying well within the budget and the use of cash reserves for the project is an appropriate use of funds. He thanked the public for their comments. There being no further public comments, Mayor Blad closed the public hearing. AGENDA ITEM NO. 10: Council was asked to consider a request by Adam and Eve, RIGHT OF WAY USE represented by Dana Vance of Superior Signs (mailing address: 812 LICENSE-657 NORTH Main Street, Caldwell, ID 83605) for a Right-Of-Way Use License to MAIN STREET allow placement of a projecting sign at the front of the business, projecting over the sidewalk on Main Street, and an awning over the side door of the business, projecting over the sidewalk on West Bridger Street, at 657 North Main Street. REGULAR CITY COUNCIL MEETING 4 MAY 15, 2014 A motion was made by Mr. Moore, seconded by Mr. Cooper, to approve a request by Adam and Eve, represented by Dana Vance of Superior Signs for a Right-Of-Way Use License to allow placement of a projecting sign at the front of the business, projecting over the sidewalk on Main Street, and an awning over the side door of the business, projecting over the sidewalk on West Bridger Street, at 657 North Main Street, with the condition that a Certificate of Liability will be provided to the City with the City listed as an additional insured in accordance with the Idaho Tort Claims Act. Upon roll call, those voting in favor were Moore, Cooper, Brown, Nye and Orr. AGENDA ITEM NO. 11: Council was asked to consider a request from the Idaho Memorial “COUNCIL SELECT” Field of Heroes for “Council Select” funds in the amount of $250.00 FUNDING REQUEST to be used to help pay for portable restroom facilities for the Field -FIELD OF HEROES of Heroes event May 23 through 26, 2014. (As of May 9, 2014 $4,598.42 remained in the “Council Select” fund.) A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve a request to use “Council Select” funds in the amount of $250.00 to help pay for portable restroom facilities for the Field of Heroes event May 23 through 26, 2014. Mr. Orr stated he feels the funding request is for a good cause. He attempted to speak to the person who requested the funding, but that person refused to speak with Mr. Orr. Mr. Moore’s motion was voted upon at this time. Upon roll call, those voting in favor were Moore, Nye, Brown and Cooper. Mr. Orr voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 12: Council was asked to consider a request from Portneuf District “COUNCIL SELECT” Library, represented by Amanda Bowden (mailing address: 5210 FUNDING REQUEST Stuart, Chubbuck ID 83202) for “Council Select” funds in the –PORTNEUF DISTRICT amount of $248.00 for 62 Ross Park Aquatic Center passes. The LIBRARY passes will be used as prizes for the Library’s Summer Reading Challenge for students. (As of May 9, 2014 $4,598.42 remained in the “Council Select” fund.) A motion was made by Mr. Orr, seconded by Mr. Cooper, to deny a request to use “Council Select” funds in the amount of $248.00 for 62 Ross Park Aquatic Center passes to be used as prizes for the Library’s Summer Reading Challenge for students. Upon roll call, those voting in favor were Orr, Cooper, Brown, Moore and Nye. AGENDA ITEM NO. 13: Council was asked to approve submission of a grant to Portneuf GRANT APPLICATION Health Care Foundation in the amount of $19,572.00 and, if –PORTNEUF HEALTH awarded, authorize acceptance of the grant and authorize the Mayor CARE FOUNDATION to sign, subject to Legal Department review, documents related to the grant. The grant will be used to purchase a MYLaps timing system to accommodate for growth of participants and provide a safe and fun environment for the City’s Fun Run Series. There is a 25% City match ($4,893.00) and funds are available in the Recreation budget. A motion was made by Mrs. Nye, seconded by Mr. Orr, to approve submission of a grant to Portneuf Health Car Foundation in the amount of $19,572.00 and, if awarded, authorize acceptance of the grant REGULAR CITY COUNCIL MEETING 5 MAY 15, 2014 and authorize the Mayor to sign, subject to Legal Department review, documents related to the grant and that the City match in the amount of $4,893.00 will be paid from the Recreation budget. Upon roll call, those voting in favor were Nye, Orr, Brown, Cooper and Moore. AGENDA ITEM NO. 14: Council was asked to consider the recommendation of staff for the BID/AGREEMENT following requests for the Edson Fichter Restroom Improvement –EDSON FICHTER Project: RESTROOM IMPROVEMENT PROJECT BID ACCEPTANCE a) Accept the low responsive bid received on April 29, 2014 from Harper Construction, Inc. in the amount of $167,938.00 and, if the bid is accepted; AGREEMENT b) Authorize the Mayor’s execution of the Agreement between the City of Pocatello and Harper Construction, Inc. in the amount of $167,938.00 for the Edson Fichter Restroom Improvement Project, subject to Legal Department review. Funds for this project are available in the Fund 71 Fiscal Year 2014 Budget. A motion was made by Mr. Moore, seconded by Mrs. Nye, to a) accept the low responsive bid received on April 29, 2014 from Harper Construction, Inc. in the amount of $167,938.00 and b) authorize the Mayor’s execution of the Agreement between the City of Pocatello and Harper Construction, Inc. in the amount of $167,938.00 for the Edson Fichter Restroom Improvement Project, subject to Legal Department review. Upon roll call, those voting in favor were Moore, Nye, Brown, Cooper and Orr. AGENDA ITEM NO. 15: Council was asked to accept the recommendation of staff and award TRUCK BID the bid of one (1) 2015 cab and chassis with Heil Retriever/Satellite –SANITATION packer body to Peterbilt of Utah who provided the lowest responsive bid in the amount of $142,114.00 and authorize the Mayor to sign documents related to the bid. A motion was made by Mr. Brown, seconded by Mrs. Nye, to accept the recommendation of staff and award the bid of one (1) 2015 cab and chassis with Heil Retriever/Satellite packer body to Peterbilt of Utah who provided the lowest responsive bid in the amount of $142,114.00 and authorize the Mayor to sign documents related to the bid. Upon roll call, those voting in favor were Brown, Nye, Cooper, Moore and Orr. AGENDA ITEM NO. 16: Council was asked to consider a request from Old Town Pocatello TEMPORARY STREET (mailing address: PO Box 222, Pocatello ID 83204) to close the 200 CLOSURE REQUEST block of West Fremont and a portion of the 300 and 400 blocks of –OLD TOWN POCATELLO Union Pacific Avenue for the following 2014 events: REVIVE AT 5 a) Wednesdays beginning May 28th to September 12th from 2:00 p.m. to 10:00 p.m.; POCATELLO PRIDE b) Saturday, June 28th from 2:00 p.m. to 10:00 p.m.; REGULAR CITY COUNCIL MEETING 6 MAY 15, 2014 WELCOME BACK c) Monday, August 25th from 12:00 noon to 8:00 p.m.; and ORANGE AND BLACK RECOVERY FEST d) Friday, September 12th from 2:00 p.m. to 10:00 p.m. City staff has reviewed the request. A motion was made by Mr. Moore, seconded by Mr. Orr, to approve a request from Old Town Pocatello to close the 200 block of West Fremont and a portion of the 300 and 400 blocks of Union Pacific Avenue for the 2014 events as outlined in agenda item No. 16(a) through 16(d). Upon roll call, those voting in favor were Moore, Orr, Brown, Cooper and Nye. AGENDA ITEM NO. 17: Council was asked to consider a request from Old Town Pocatello OPEN CONTAINER (mailing address: PO Box 222, Pocatello ID 83204) for a waiver of WAIVER REQUEST the open container ordinance to allow alcohol to be consumed in – OLD TOWN POCATELLO the 200 block of West Fremont and a portion of the 400 block of Union Pacific Avenue for Revive @ 5 events on Wednesdays May 28 to September 10, 2014 from 4:30 p.m. to 9:00 p.m. If the open container ordinance is waived, it should be contingent upon the applicant meeting Police Department requirements and purchasing appropriate permits. A motion was made by Mrs. Nye, seconded by Mr. Moore, to approve a request from Old Town Pocatello for a waiver of the open container ordinance to allow alcohol to be consumed in the 200 block of West Fremont and a portion of the 400 block of Union Pacific Avenue for Revive @ 5 events on Wednesdays, May 28 to September 10, 2014 from 4:30 p.m. to 9:00 p.m. Upon roll call, those voting in favor were Nye, Moore, Brown, Cooper and Orr. AGENDA ITEM NO. 18: Council was asked to approve, and authorize the Mayor to sign, a POCATELLO RACEWAY lease agreement between the City and Pocatello Raceway, LLC for LEASE AGREEMENT property at the airport for the continued operation of a circle race –AIRPORT track. The agreement will be for a five-year term and the rental rate will be $3,228.00 per year. A motion was made by Mr. Moore, seconded by Mr. Brown, to approve and authorize the Mayor to sign, a lease agreement between the City and Pocatello Raceway, LLC for property at the airport for the continued operation of a circle race track; that the agreement will be for a five-year term; and the rental rate will be $3,228.00 per year. Upon roll call, those voting in favor were Moore, Brown, Cooper, Nye and Orr. AGENDA ITEM NO. 19: Council was asked to accept the recommendation of staff and SURPLUS EQUIPMENT declare a 1981 Snowblast Sweeper as surplus property and authorize DONATION-AIRPORT its donation to McCall Airport. The recent purchase of a new sweeper has made this equipment surplus and no longer needed by the Airport. A motion was made by Mr. Orr, seconded by Mr. Moore, to a) accept the recommendation of staff to declare a 1981 Snowblast Sweeper as surplus property; b) deny donation of the sweeper to McCall Airport; and c) that the 1981 Snowblast Sweeper be sold at auction for its disposal. Upon roll call, those voting in favor were Orr, Moore, Brown, Cooper and Nye. REGULAR CITY COUNCIL MEETING 7 MAY 15, 2014 AGENDA ITEM NO. 20: Council was asked to adopt a Resolution authorizing the Legal RESOLUTION-JUDICIAL Department to file a Petition for Judicial Confirmation regarding the CONFIRMATION power and authority of the City to enter into a loan agreement or bond sale agreement and other related documents with the State of Idaho Bond Bank Authority, a commercial investment banking firm, the Idaho Department of Environmental Quality, or other financial institution, to secure funding for a Wastewater Treatment Facility Design and Construction Project; more specifically to implement Phase 1 improvements as delineated in the City’s WPC Facilities Plan, prepared by HDR Engineering, Inc., dated December 2013. The amount of the proposed loan or bond sale is between sixteen million seven hundred thousand dollars ($16,700,000.00) and twenty-three million four hundred thousand dollars ($23,400,000.00) depending upon final engineering cost estimates. The bonds are to be repaid in bi-annual installments over a twenty (20) year period at interest ranging between 3.5 percent to 5.5 percent, depending upon market conditions at the time of bond sale. The loan payments would be made by the user fees collected from those using the City’s sewer services. A public hearing on this matter was held at the May 1, 2014 Regular City Council meeting. Judicial Confirmation is required in order to obtain the loan. A motion was made by Mrs. Nye, seconded by Mr. Brown, to adopt a Resolution (2014-11) authorizing the Legal Department to file a Petition for Judicial Confirmation regarding the power and authority of the City to enter into a loan agreement or bond sale agreement and other related documents with the State of Idaho Bond Bank Authority, a commercial investment banking firm, the Idaho Department of Environmental Quality, or other financial institution, to secure funding for a Wastewater Treatment Facility Design and Construction Project; more specifically to implement Phase 1 improvements as delineated in the City’s WPC Facilities Plan, prepared by HDR Engineering, Inc., dated December 2013 and that the amount of the proposed loan or bond sale is between sixteen million seven hundred thousand dollars ($16,700,000.00) and twenty-three million four hundred thousand dollars ($23,400,000.00) depending upon final engineering cost estimates, with the bonds to be repaid in bi- annual installments over a twenty (20) year period at interest ranging between 3.5 percent to 5.5 percent, depending upon market conditions at the time of bond sale. Upon roll call, those voting in favor were Nye, Brown, Cooper, Moore and Orr. AGENDA ITEM NO. 21: Council was asked to consider an ordinance approving an ORDINANCE amendment to the Fiscal Year 2014 Appropriations Ordinance FISCAL YEAR 2014 increasing the total Fiscal Year expenditures by $1,689,957.00 to APPROPRIATIONS account for additional revenues, including grant funds, received by the City and to use previously unappropriated cash balances for unanticipated expenses incurred by the City. A motion was made by Mr. Moore, seconded by Mr. Brown, that the ordinance, Agenda Item 21, be read only by title and placed on final passage for publication, and that the entire ordinance be submitted for publication. Upon roll call, those voting in favor were Moore, Brown, Cooper, Nye and Orr. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance approving an amendment to the Fiscal Year 2014 Appropriations Ordinance increasing the total Fiscal Year expenditures by $1,689,957.00 to account for additional revenues, including grant funds, received by the City and to use previously unappropriated cash balances for unanticipated expenses incurred by the City. Mayor Blad asked “Shall the ordinance pass?” Upon roll call, those voting in favor were Brown, Cooper, Nye, Moore and Orr. Mayor Blad REGULAR CITY COUNCIL MEETING 8 MAY 15, 2014 declared the ordinance and summary sheet passed, that it be numbered 2933 and that the entire ordinance be submitted to the Idaho State Journal for publication. There being no further business, Mayor Blad adjourned the meeting at 7:01 p.m. APPROVED BY: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CITY CLERK

Agenda

AGENDA CITY OF POCATELLO REGULAR CITY COUNCIL MEETING MAY 15, 2014 - 6:00 PM COUNCIL CHAMBERS 911 NORTH 7TH AVENUE Any citizen who wishes to address the Council shall first be recognized by the Mayor, and shall then give his/her name and address for the record. If a citizen wishes to read documentation of any sort to the Council, he/she shall first seek permission from the Mayor. A three (3) minute time limitation is requested for Council presentations. City Hall and the City Council Chambers are accessible to persons with disabilities. Interpreters for persons with hearing impairments and/or taped information for persons with visual impairments can be provided upon three days’ notice. For accessibility arrangements, please contact Dave Hunt, ADA Coordinator, at Voice Phone: 208-234-6248; TTY: 208-232-5071; Fax: 208-233-5149; E-mail: dhunt@pocatello.us; Mailing Address: P.O. Box 4169, Pocatello, Idaho 83205-4169; Physical Address: 215 West Bonneville, Pocatello, Idaho. The purpose of the agenda is to assist the Council and interested citizens in the conduct of this public meeting. Citizens should examine the agenda for the item of their interest. However, citizens are advised that while some agenda items allow for public comment during discussion/consideration not every item does. If the matter the citizen wishes to discuss is not listed on the formal agenda, an opportunity to be heard by the Council is the agenda item described as "DISCUSSION ITEMS." Total time allotted for this item is fifteen (15) minutes, with a maximum of three (3) minutes per speaker. You must sign in at the start of the meeting. AGENDA CLARIFICATION MEETING: A meeting will be held at 5:30 p.m. in the Paradice Conference Room at City Hall, prior to the regular meeting for clarification of the agenda. RECESS: In the event the meeting is still in progress at 7:30 p.m., the Mayor may call a ten-minute recess to allow Council members and participants a brief rest period. AGENDA ITEM NO. 1: ROLL CALL AND PLEDGE OF ALLEGIANCE. AGENDA ITEM NO. 2: INVOCATION: The invocation will be offered by Pastor Jeff Fadness of Calvary Chapel Pocatello. REGULAR CITY COUNCIL MEETING 2 MAY 15, 2014 AGENDA ITEM NO. 3: CONSENT AGENDA: The following business items may be approved by one motion and a vote. If any one member of the Council so desires, any matter listed can be moved to a separate agenda item. (a) MINUTES: Council may wish to waive the oral reading of the minutes and approve the minutes from the April 10, 2014 Study Session and May 1, 2014 Budget Development meeting. (b) TREASURER’S REPORT: Council may wish to consider the Treasurer’s Report for April, showing cash and investments as of April 30, 2014. (c) CONCESSION PERMIT-BOB’S POLAR EXPRESS, LLC: Council may wish to grant an exception to City Ordinance (City Code 5.06.020) to allow Dani Bird, dba Bob’s Polar Express, LLC to operate a mobile ice cream concession on City streets. Mrs. Bird has provided the required liability insurance, naming the City as an additional insured, and has met the Southeast Public Health requirements. City Council has approved an exception for a mobile concession vendor permit for Bob’s Polar Express for the past four years. AGENDA ITEM NO. 4: COMMUNICATIONS AND PROCLAMATIONS: AGENDA ITEM NO. 5: CALENDAR REVIEW: Council may wish to take this opportunity to inform other Council members of upcoming meetings and events that should be called to their attention. AGENDA ITEM NO. 6: DISCUSSION ITEMS: This time has been set aside to hear discussion items not listed on the agenda. Items which appear somewhere else on the agenda will not be discussed at this time. The Council is not allowed to take any official action at this meeting on matters brought forward under this agenda item. Items will either be referred to the appropriate staff or scheduled on a subsequent agenda. You must sign in at the start of the meeting in order to be recognized. (Note: Total time allotted for this item is fifteen (15) minutes, with a maximum of three (3) minutes per speaker.) REGULAR CITY COUNCIL MEETING 3 MAY 15, 2014 AGENDA ITEM NO. 7: APPOINTMENT CONFIRMATION-DIRECTOR OF PUBLIC WORKS: Council may wish to confirm the Mayor’s appointment of Michael Jaglowski to the position of Director of Public Works effective May 27, 2014. AGENDA ITEM NO. 8: RETIREMENT RECOGNITION AND APPOINTMENT CONFIRMATION OF CHIEF FINANCIAL OFFICER/CITY TREASURER: Council may wish to consider the following personnel actions in the Finance Department: a) Recognize City Treasurer Jerry Higgins for his 28 years of service on the occasion of his upcoming retirement on May 30, 2014; and b) Confirm the Mayor’s appointment of David Swindell to the position of Chief Financial Officer/City Treasurer effective May 30, 2014. Mr. Swindell will be the authorized signer on the City’s bank accounts, savings accounts and investment accounts; and shall designate City staff as authorized signers where applicable. (Pertinent information attached.) PUBLIC HEARINGS: The procedure that will be used for conducting the public hearings is at the end of the agenda. AGENDA ITEM NO. 9: PUBLIC HEARING-PROPOSED FISCAL YEAR 2014 MAY BUDGET AMENDMENTS: This time has been set aside to receive public comments on proposed amendments to the Fiscal Year 2014 Budget. (Pertinent information attached.) AGENDA ITEM NO. 10: RIGHT OF WAY USE LICENSE-657 NORTH MAIN STREET: Council may wish to consider a request by Adam and Eve, represented by Dana Vance of Superior Signs (mailing address: 812 Main Street, Caldwell ID 83605) for a Right-Of- Way Use License to allow placement of a projecting sign at the REGULAR CITY COUNCIL MEETING 4 MAY 15, 2014 front of the business, projecting over the sidewalk on Main Street, and an awning over the side door of the business, projecting over the sidewalk on West Bridger Street, at 657 North Main Street. (Pertinent information attached.) AGENDA ITEM NO. 11: “COUNCIL SELECT” REQUEST-FIELD OF HEROES: Council may wish to consider a request from the Idaho Memorial Field of Heroes for “Council Select” funds in the amount of $250.00 to be used to help pay for portable restroom facilities for the Field of Heroes event May 23 through 26, 2014. (As of May 9, 2014 $4,598.42 remains in the “Council Select” fund.) (Pertinent information attached.) AGENDA ITEM NO. 12: “COUNCIL SELECT” REQUEST-PORTNEUF DISTRICT LIBRARY: Council may wish to consider a request from Portneuf District Library represented by Amanda Bowden (address: 5210 Stuart, Chubbuck ID 83202) for “Council Select” funds in the amount of $248.00 for 62 Ross Park Aquatic Center passes. The passes will be used as prizes for the Library’s Summer Reading Challenge for students. (As of May 9, 2014 $4,598.42 remains in the “Council Select” fund.) (Pertinent information attached.) AGENDA ITEM NO. 13: GRANT APPLICATION-PORTNEUF HEALTH CARE FOUNDATION: Council may wish to approve submission of a grant to Portneuf Health Care Foundation in the amount of $19,572.00 and, if awarded, authorize acceptance of the grant and authorize the Mayor to sign, subject to Legal Department review, documents related to the grant. The grant will be used to purchase a MYLaps timing system to accommodate for growth of participants and provide a safe and fun environment for the City’s Fun Run Series. There is a 25% City match ($4,893.00) and funds are available in the Recreation budget. (Pertinent information attached.) REGULAR CITY COUNCIL MEETING 5 MAY 15, 2014 AGENDA ITEM NO. 14: BID/AGREEMENT-EDSON FICHTER RESTROOM IMPROVEMENT PROJECT: Council may wish to consider the recommendation of staff for the following requests for the Edson Fichter Restroom Improvement Project. (a) Accept the low responsive bid received on April 29, 2014 from Harper Construction, Inc. in the amount of $167,938.00 and, if the bid is accepted; (b) Authorize the Mayor’s execution of the Agreement between the City of Pocatello and Harper Construction, Inc. in the amount of $167,938.00 for the Edson Fichter Restroom Improvement Project, subject to Legal Department review. Funds for this project are available in the Fund 71 Fiscal Year 2015 Budget. (Pertinent information attached.) AGENDA ITEM NO. 15: TRUCK BID-SANITATION: Council may wish to accept the recommendation of staff and award the bid for one (1) 2015 cab and chassis with Heil Retriever/Satellite packer body to Peterbilt of Utah who provided the lowest responsive bid in the amount of $142,114.00, and authorize the Mayor to sign documents related to the bid. (Pertinent information attached.) AGENDA ITEM NO. 16: TEMPORARY STREET CLOSURE REQUEST-OLD TOWN POCATELLO: Council may wish to consider a request from Old Town Pocatello (mailing address: PO Box 222, Pocatello ID 83204) to close the 200 block of West Fremont and a portion of the 300 and 400 blocks of Union Pacific Avenue for the following 2014 events: a) Revive @ 5-Wednesdays May 28th to September 12th 2:00 p.m. to 10:00 p.m.; REGULAR CITY COUNCIL MEETING 6 MAY 15, 2014 b) Pocatello Pride-Saturday June 28th 2:00 p.m. to 10:00 p.m. c) Welcome Back Orange & Black-Monday August 25th Noon to 8:00 p.m.; and d) Recovery Fest-Friday September 12th 2:00 p.m. to 10:00 p.m. City Staff has reviewed the request. (Pertinent Information Attached) AGENDA ITEM NO. 17: OPEN CONTAINER WAIVER REQUEST-OLD TOWN POCATELLO: The Council may wish to consider a request from Old Town Pocatello (mailing address: PO Box 222, Pocatello ID 83204) for a waiver of the open container ordinance to allow alcohol to be consumed in the 200 block of West Fremont and a portion of the 400 block of Union Pacific Avenue for Revive @ 5 events-Wednesdays May 28 to September 10, 2014 from 4:30 p.m. to 9:00 p.m. If the open container ordinance is waived it should be contingent upon the applicant meeting Police Department requirements and purchasing appropriate permits. (Pertinent Information Attached) AGENDA ITEM NO. 18: POCATELLO RACEWAY LEASE AGREEMENT- AIRPORT: Council may wish to approve, and authorize the Mayor to sign, a lease agreement between the City and Pocatello Raceway, LLC for property at the airport for the continued operation of a circle race track. The agreement will be for a five-year term and the rental rate will be $3,228.00 per year. (Pertinent information attached.) AGENDA ITEM NO. 19: SURPLUS EQUPMENT DONATION-AIRPORT: Council may wish to accept the recommendation of staff and declare a 1981 Snowblast Sweeper as surplus property and authorize its donation to McCall Airport. The recent purchase of a new REGULAR CITY COUNCIL MEETING 7 MAY 15, 2014 sweeper has made this equipment surplus and no longer needed by the Airport. (Pertinent information attached.) AGENDA ITEM NO. 20: RESOLUTION-JUDICIAL CONFIRMATION: Council may wish to adopt a Resolution authorizing the Legal Department to file a Petition for Judicial Confirmation regarding the power and authority of the City to enter into a loan agreement or bond sale agreement and other related documents with the State of Idaho Bond Bank Authority, a commercial investment banking firm, the Idaho Department of Environmental Quality, or other financial institution, to secure funding for a Wastewater Treatment Facility Design and Construction Project; more specifically to implement Phase 1 improvements as delineated in the City’s WPC Facilities Plan, prepared by HDR Engineering, Inc., dated December 2013. The amount of the proposed loan or bond sale is between sixteen million seven hundred thousand dollars ($16,700,000.00) and twenty-three million four hundred thousand dollars ($23,400,000.00) depending upon final engineering cost estimates. The bonds are to be repaid in bi-annual installments over a twenty (20) year period at interest ranging between 3.5 percent to 5.5 percent, depending upon market conditions at the time of bond sale. The loan payments would be made by the user fees collected from those using the City’s sewer services. A public hearing on this matter was held at the May 1, 2014 Regular City Council meeting. Judicial Confirmation is required in order to obtain the loan. (Pertinent information attached.) READING OF AN ORDINANCE PROCEDURE 1. Council determines which option below will be used to read the Ordinance by roll call vote. 2. The Ordinance is read by City Staff (usually City Attorney). 3. Mayor will declare the final reading of the ordinance and REGULAR CITY COUNCIL MEETING 8 MAY 15, 2014 ask “Shall the Ordinance pass?” After roll call is taken, Mayor will announce whether or not the ordinance passed. AGENDA ITEM NO. 21: ORDINANCES: The Council has the following options for reading ordinances. If the Council makes no motion, the ordinance will be read by title on two occasions and at length on the third occasion and placed on final passage for publication. EXAMPLE MOTIONS: FOR THREE SEPARATE READINGS: "I move the ordinance, Agenda Item # , be read only by title on three separate occasions and placed on final passage and ordered for publication, and that only the ordinance summary sheet be submitted for publication." FOR ONE READING UNDER RULES SUSPENSION: "I move the ordinance, Agenda Item # , be read only by title and placed on final passage for publication, and that only the ordinance summary sheet be submitted for publication." Before the ordinance can be read under Option 1 or 2, the Council, by a vote of one-half plus one (4) of the full Council, must vote to direct how the ordinance is to be read. An ordinance ready for reading. 21. An ordinance approving an amendment to the Fiscal Year 2014 Appropriations Ordinance increasing the total Fiscal Year expenditures by $1,689, 957 .00 to account for additional revenues, including grant funds, received by the City and to use previously unappropriated cash balances for unanticipated expenses incurred by the City. (Prepared for reading under rules suspension. Whole ordinance will need to be published.) PUBLIC HEARING PROCEDURE 1. Explanation of hearing procedures by Mayor or staff.  Ten (10) minute time limit on applicant presentation.  Three (3) minute time limit on public testimony.  Names and addresses are required from those presenting/testifying.  Questions/comments should be addressed to the Mayor and Council.  Council members must make their decision regarding the application on facts already in the record and information presented at the public hearing.  Protocol requires that Council and audience be recognized by the Mayor prior to speaking. 2. Mayor opens hearing. REGULAR CITY COUNCIL MEETING 9 MAY 15, 2014 3. Presentation by applicant. Note: Remember, applicant bears the responsibility for making his/her case. This is also the time for Council members to ask their questions of the applicant. 4. Presentation by staff. 5. Written correspondence submitted for the record. 6. Testimony by those supporting the application. 7. Testimony by those uncommitted on the application. 8. Testimony by opponents to the application. 9. Rebuttal by the applicant. 10. Mayor closes the hearing and initiates motion/deliberations. Note: The Mayor may choose to require a motion prior to the discussion in order to focus deliberations, or, the Mayor may choose to allow deliberations prior to the motion in order to facilitate wording of the motion. 11. Develop a written and reasoned statement supporting the decision.

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