City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING SEPTEMBER 4, 2014 CLARIFICATION The City Council Agenda Clarification Meeting was called to order MEETING at 5:34 p.m. by Mayor Brian Blad. Council members present were Steve Brown, Craig Cooper, Jim Johnston, Gary Moore, Eva Johnson Nye and Michael L. Orr. 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 6:02 p.m. by ROLL CALL AND Mayor Brian Blad. Council members present were Steve Brown, PLEDGE OF Craig Cooper, Jim Johnston, Gary Moore, Eva Johnson Nye and ALLEGIANCE Michael L. Orr. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The volunteer scheduled to offer an invocation was not present, so INVOCATION an invocation was not offered at the meeting. AGENDA ITEM NO. 3: Council was asked to consider the following business items: CONSENT AGENDA -MINUTES (a) Waive the oral reading of the minutes and approve the minutes from the August 14, 2014 Study Session. -PAYROLL AND (b) Council was asked to consider payroll and material claims MATERIAL CLAIMS for the month of August, 2014 in the amount of $11,051,931.20. -ADA GRIEVANCE (c) Council was asked to confirm the Mayor’s reappointment of Jerry COMMITTEE Meyers to continue his service as a member of the ADA Grievance REAPPOINTMENT Committee. Mr. Myers’ term will begin September 7, 2014 and will expire September 7, 2016. -ANIMAL SHELTER (d) Council was asked to confirm the Mayor’s reappointment of Jack ADVISORY BOARD Dunham to continue his service as a member of the Animal Shelter REAPPOINTMENT Advisory Board. Mr. Dunham’s term will begin September 22, 2014 and will expire September 22, 2016. -RENEWAL OF (e) Council was asked to adopt a College Work Study Agreement with AGREEMENT Idaho State University (ISU) in the amount of $29,250.00 to provide –ISU WORK STUDY work study positions at the City. The City is responsible for 40 percent ($11,700.00) of said allocation and the agreement is from July 1, 2014 through June 30, 2015. This annual agreement and funding for work study positions is included in the budgets of those departments utilizing work study positions. 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, Brown, Cooper, Nye and Orr. REGULAR CITY COUNCIL MEETING 2 SEPTEMBER 4, 2014 AGENDA ITEM NO. 4: Mr. Brown, on behalf of Mayor Blad, proclaimed the month of COMMUNICATIONS AND September 2014 as National Recovery Month in Pocatello and called PROCLAMATIONS upon the citizens of Pocatello to observe the month with appropriate programs, activities and ceremonies. Kevin Wakeman, a representative of Recovery Fest, accepted the proclamation and thanked the Council for their support. He announced the 11th Annual Recovery Fest would be held in Pocatello on September 12, 2014 and encouraged citizens to attend. AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the September 11th Study CALENDAR REVIEW Session at 9:00 a.m.; an Executive Session immediately following the Study Session and Working Lunch, and the September 18th Regular Council meeting at 6:00 p.m. Mayor Blad announced that the Simplot Fun Run will take place on September 13th, contact the Community Recreation Center for more information. Mayor Blad also reminded citizens that school has started, and drivers must slow down in school zones. He added that the “Black and Blue Bowl,” a football game between Highland and Pocatello High Schools, would be held on September 5, 2014 at 7:00 p.m. at the Holt Arena. AGENDA ITEM NO. 6: Council was asked to ratify its decision to adopt Resolution No. RATIFICATION 2014-18 and its approval of a revised agreement between the –RESOLUTION AND State of Idaho and City of Pocatello for the Cheyenne Overpass REVISED STATE/LOCAL Phase 1B project, subject to Legal Department review. The second AGREEMENT-CHEYENNE phase of this federal aid project consists of the construction of three OVERPASS (SOUTH bridges, road construction between South 2nd Avenue and Bannock VALLEY ROAD) Highway and paving the roadway between South 5th Avenue and Bannock Highway. The revised agreement includes a payment schedule for the City’s share, a portion of which will be reimbursed by the Pocatello Development Authority. A motion was made by Mr. Moore, seconded by Mr. Orr, to adopt Resolution No. 2014-18 and its approval of a revised agreement between the State of Idaho and City of Pocatello for the Cheyenne Overpass Phase 1B project, subject to Legal Department review. Upon roll call, those voting in favor were Moore, Orr, Brown, Cooper, Johnston and Nye. In response to a question from Council, Mike Jaglowski, Public Works Director, stated the expected completion date is November 2015. AGENDA ITEM NO. 7: Council was asked to consider a request from Mike Sanders RESOLUTION representing Phil Meador Toyota (mailing address: 1437 Yellowstone –STREET NAME Avenue, Pocatello, ID 83201) to adopt a resolution changing the CHANGE TO PHIL street name of North Ore-Ida Court to Phil Meador Avenue. Staff MEADOR AVENUE recommended approval of the request. A motion was made by Mrs. Nye, seconded by Mr. Johnston, to adopt a resolution (2014-19) changing the street name of North Ore-Ida Court to Phil Meador Avenue. Upon roll call, those voting in favor were Nye, Johnston, Brown, Cooper, Moore and Orr. REGULAR CITY COUNCIL MEETING 3 SEPTEMBER 4, 2014 AGENDA ITEM NO. 8: Council was asked to approve and authorize the Mayor to sign a CENTER STREET State/Local Professional Services Agreement between CH2M Hill, RAILROAD BRIDGE Inc. and the City of Pocatello in the amount of $268,000.00 for UNDERPASS PROJECT preliminary design services related to the Center Street Railroad –PHASE 2 AGREEMENT Bridge Underpass Project, subject to Legal Department review. Final design and construction will follow at a future date. The City’s match is 7.34% or approximately $20,000.00 which is available in Fund 70. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve and authorize the Mayor to sign a State/Local Professional Services Agreement between CH2M Hill, Inc. and the City of Pocatello in the amount of $268,000.00 for preliminary design services related to the Center Street Railroad Bridge Underpass Project, subject to Legal Department review, and that the City’s match is approximately $20,000.00. Upon roll call, those voting in favor were Moore, Nye, Brown, Cooper, Johnston and Orr. AGENDA ITEM NO. 9: The Pocatello Kennel Club, represented by Jill Humphries (mailing EXCEPTION REQUEST address: 742 Poole Avenue, Pocatello, ID 83201) is asking for –POCATELLO permission to allow a Club member to stay in an RV parked at OK KENNEL CLUB Ward Park parking lot on September 25, 26 and 27, 2014 to serve as security during the annual 3-day agility trial to be held September 26 through 28, 2014. A motion was made by Mr. Johnston, seconded by Mr. Moore, to allow The Pocatello Kennel Club, represented by Jill Humphries to allow a Club member to stay in an RV parked at OK Ward Park parking lot on September 25, 26 and 27, 2014 to serve as security during the annual 3-day agility trial to be held September 26 through 28, 2014. Upon roll call, those voting in favor were Johnston, Moore, Brown, Cooper, Nye and Orr. In response to questions from Council, Darrell Doran, 1135 North Garfield, representing The Pocatello Kennel Club, stated the event has been in place for 11 years and brings in 100 competitors from Montana, Idaho, Utah, California and Alaska. AGENDA ITEM NO. 10: Council was asked to consider a request from Old Town Pocatello TEMPORARY STREET (mailing address: PO Box 222, Pocatello ID 83204) to temporarily CLOSURE AND OPEN close the 200 block of West Fremont and the 300 and 400 blocks of CONTAINTER WAIVER Union Pacific Avenue and waive the open container ordinance to –OLD TOWN POCATELLO allow alcohol to be consumed in the 200 block of West Fremont and a portion of the 400 block of Union Pacific Avenue for a Golden Gloves Classic event on Saturday, September 13, 2014 from 2:00 p.m. to 10:00 p.m. If the open container ordinance is waived it should be contingent upon the applicant meeting Police Department requirements and purchasing appropriate permits. In response to questions from Council, Jack Woods, Idaho Golden Gloves President, stated participants come from Wyoming, Idaho and Utah and alcohol has been served at functions for many years without incident. He added that organizers are planning to have between 500 and 600 attendees. Stephanie Palagi, Old Town Pocatello Executive Director, stated that tickets would be available at the Old Town offices. A motion was made by Mr. Moore, seconded by Mr. Cooper, to approve a request from Old Town Pocatello to temporarily close the 200 block of West Fremont and the 300 and 400 blocks of Union REGULAR CITY COUNCIL MEETING 4 SEPTEMBER 4, 2014 Pacific Avenue and waive the open container ordinance to allow alcohol to be consumed on the 200 block of West Fremont and a portion of the 400 block of Union Pacific Avenue for a Golden Gloves Classic event on Saturday, September 13, 2014 from 2:00 p.m. to 10:00 p.m. and that the open container ordinance waiver should be contingent upon the applicant meeting Police Department requirements and purchasing appropriate permits. Upon roll call, those voting in favor were Moore, Cooper, Brown, Johnston, Nye and Orr. AGENDA ITEM NO. 11: Council was asked to consider the following requests from Friends FEE WAIVER AND of the Pocatello Animal Shelter and City staff regarding a EXCEPTION REQUEST fundraising event on September 20, 2014 at the Ross Park Aquatic –SPLASH DANCE FOR Complex (RPAC) and Lower Ross Park: DOGS AT RPAC -WAIVE POOL FEES a) Waive pool rental fees of $350.00 per hour and entry fees of $1.50 per person for the Splash Dance event. The complex will already be closed for the season and an entry fee of $10.00 per dog will be charged (dogs only will be allowed in the pool); and -ALLOW PETS b) An exception to City Code 12.36.030 to allow dogs in the park and IN PARK complex for the event. Friends of the Animal Shelter have agreed to pay the wages for Certified Lifeguards that are required to be in attendance during the event. A motion was made by Mrs. Nye, seconded by Mr. Moore, to grant the following requests from Friends of the Pocatello Animal Shelter and City staff regarding a fundraising event on September 20, 2014 at the Ross Park Aquatic Complex (RPAC) and Lower Ross Park: a) waive pool rental fees of $350.00 per hour and entry fees of $1.50 per person for the event; and b) an exception to City Code 12.36.030 to allow dogs in the park and complex for the event and that Friends of the Animal Shelter will pay the wages for Certified Lifeguards that are required to be in attendance during the event. Upon roll call, those voting in favor were Nye, Moore, Brown, Cooper, Johnston and Orr. AGENDA ITEM NO. 12: Council was asked to consider recommendations of staff for the BID-BONNEVILLE following request regarding updates to the HVAC system COMMUNITY CENTER at the Bonneville Community Center/Senior Citizen’s Center. HVAC UPDATES -BID a) Accept the bid received from Economy Heating and Refrigeration, who submitted the lowest responsive bid in the amount of $9,800.00. And, if the bid is accepted; -AGREEMENT b) Authorize execution of an agreement between the City of Pocatello and Economy Heating and Refrigeration, in the amount of $9,800.00 for upgrades to the HVAC system at the Bonneville Community Center/Senior Citizen’s Center, subject to Legal Department review. The updates should be completed by November 1, 2014. Funds for this project are available in the City’s Emergency Repair fund. A motion was made by Mr. Brown, seconded by Mr. Cooper, to approve the recommendations of staff for the following request regarding updates to the HVAC system at the Bonneville Community REGULAR CITY COUNCIL MEETING 5 SEPTEMBER 4, 2014 Center/Senior Citizen’s Center: a) accept the bid received from Economy Heating and Refrigeration, who submitted the lowest responsive bid in the amount of $9,800.00; and b) authorize execution of an agreement between the City of Pocatello and Economy Heating and Refrigeration, in the amount of $9,800.00 for upgrades to the HVAC system at the Bonneville Community Center/Senior Citizen’s Center, subject to Legal Department review. Upon roll call, those voting in favor were Brown, Cooper, Johnston, Moore, Nye and Orr. AGENDA ITEM NO. 13: Council was asked to authorize execution of a Professional Service AGREEMENTS Agreement between Balfour Betty Rail and the City of Pocatello –POCATELLO AIRPORT in an amount not to exceed $6,600.00. Under this agreement, INDUSTRIAL PARK RAIL Balfour Betty will perform 10% of the engineering design, required in the Union Pacific Railroad process, for upgrades at the Pocatello Airport Business Park Funds are available in the Economic Development General Fund and will be reimbursed from the Pocatello Development Authority, Pocatello Regional Airport Revenue Allocation District. A motion was made by Mr. Johnston, seconded by Mr. Brown, to authorize execution of a Professional Service Agreement between Balfour Betty Rail and the City of Pocatello in an amount not to exceed $6,600.00 to perform 10% of the engineering design for upgrades at the Pocatello Airport Business Park. In response to questions from Council, Merril Quayle, Development Engineer, stated that only 10% of the engineering design is being requested at this time, according to Union Pacific Railroad (UPRR) specifications. He added that UPRR approvals are broken down into three stages: 10%, 30% and final approval. Mr. Quayle explained that the proposed engineering agreement will provide basic concept layout, design and information pertaining to various requirements. He added that additional requests would be made at a later date. Mr. Johnston’s motion was voted upon at this time. Upon roll call, those voting in favor were Johnston, Brown, Cooper, Moore, Nye and Orr. AGENDA ITEM NO. 14: Council was asked to authorize execution of a Professional Service AGREEMENT Agreement between Jackson Land Design and the City of Pocatello -LANDSCAPE DESIGN in an amount not to exceed $3,500.00, subject to Legal Department FOR THE NEW review. Under this Agreement, Jackson Land Design will provide ANIMAL SHELTER the following: 1) irrigation and landscaping design; 2) construction documents and bidding process; and 3) oversee construction of landscaping for the new Pocatello Animal Shelter. A motion was made by Mrs. Nye, seconded by Mr. Johnston, to authorize execution of a Professional Service Agreement between Jackson Land Design and the City of Pocatello in an amount not to exceed $3,500.00, subject to Legal Department review to provide the following: 1) irrigation and landscaping design; 2) construction documents and bidding process; and 3) oversee construction of landscaping for the new Pocatello Animal Shelter. Upon roll call, those voting in favor were Nye, Johnston, Brown, Cooper, Moore and Orr. REGULAR CITY COUNCIL MEETING 6 SEPTEMBER 4, 2014 AGENDA ITEM NO. 15: Council was asked to ratify the agreement with Deaton & Company, RATIFICATION Chartered, dated August 18, 2014 to perform an investigation –AGREEMENT WITH as to the reasons Pocatello Street Department personnel worked DEATON & COMPANY outside the jurisdictional limits of the City and who authorized the CHARTERED work performed. Deaton has been paid a $7,500.00 retainer to conduct the investigation. Any additional expenses toward the investigation will be subject to approval by the City Council. Funding for the agreement is available in the Liability/Risk Management fund. A motion was made by Mr. Moore, seconded by Mr. Orr, to ratify the agreement with Deaton & Company, Chartered, dated August 18, 2014 to perform an investigation as to the reasons Pocatello Street Department personnel worked outside the jurisdictional limits of the City and who authorized the work performed and that Deaton has been paid a $7,500.00 retainer to conduct the investigation and that any additional expenses toward the investigation will be subject to approval by the City Council. Upon roll call, those voting in favor were Moore, Orr, Brown, Cooper, Johnston and Nye. AGENDA ITEM NO. 16: Council was asked to consider a request from Pocatello Firefighters EXCEPTION REQUEST Local 187 for an exception to ordinances or laws that would -“FILL THE BOOT” prevent the group from gathering funds, for the Muscular Dystrophy FUNDRAISER Association “Fill the Boot” Fundraiser, on the public rights-of-way at the intersections of Oak and Jefferson, and Poleline and Quinn from 10:00 a.m. to 6:00 p.m. on September 19, 2014. In response to questions from Council, Fire Chief Dave Gates stated that the Fire Department allows one fire truck and its crew to be on display during the “Fill the Boot” fundraiser. He added that the remaining participants who take part in the fundraiser do so on their own time. A motion was made by Mr. Moore, seconded by Mr. Brown, to authorize a request from Pocatello Firefighters Local 187 for an exception to ordinances or laws that would prevent the group from gathering funds, for the Muscular Dystrophy Association “Fill the Boot” Fundraiser, on the public rights-of-way at the intersections of Oak and Jefferson and Poleline and Quinn from 10:00 a.m. to 6:00 p.m. on September 19, 2014. Upon roll call, those voting in favor were Moore, Brown, Cooper, Johnston, Nye and Orr. AGENDA ITEM NO. 17: April Gannon, fundraising coordinator for MDA, thanked the DISCUSSION ITEMS Council for supporting the fundraising efforts of Pocatello Local 187 FROM THE AUDIENCE to allow them to “Fill the Boot.” Christa Anderson, 2488 Satterfield Drive, thanked the Council for supporting the MDA fundraiser and shared her experience with services MDA provides to her son. Ms. Gannon presented a plaque to the Council celebrating 60 years of “Fill the Boot” fundraisers. Niki Taysom, 4604 Burley Drive, Chubbuck, shared her concerns regarding upgrades at Water Pollution Control and the judicial confirmation process being planned to fund the project. REGULAR CITY COUNCIL MEETING 7 SEPTEMBER 4, 2014 Idaho Lorax, Pocatello resident, shared his concerns regarding an underpass gallery request and feels it would be beneficial to provide Geiger counters to members of the community. 6:49:41 PM There being no further business, Mayor Blad adjourned the meeting at 6:49 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK