City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING OCTOBER 2, 2014 CLARIFICATION The City Council Agenda Clarification was called to order MEETING by Mayor Brian Blad at 5:42 p.m. Council members present were Steve Brown, Craig Cooper, Gary Moore and Michael L. Orr. Council members Jim Johnston and Eva Johnson Nye were excused. No motions, resolutions, orders, or ordinances were proposed. No vote was taken. REGULAR CITY COUNCIL MEETING AGENDA ITEM NO. 1: The Regular City Council meeting was called 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 and Michael L. Orr. Council members ALLEGIANCE Jim Johnston and Eva Johnson Nye were excused. AGENDA ITEM NO. 2: The invocation was offered by Reverend Jim Jones of Blazing Grace INVOCATION Church. Mayor Blad announced that Agenda Item No. 14 had been pulled from the agenda at the request of the applicant. 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 July 17, 2014 Clarification and Regular Council meeting; September 11, 2014 Study Session and Working Lunch; and September 11, 2014 Executive Session. -TREASURER’S (b) Consider the Treasurer’s Report for August 2014 showing cash and REPORT investments as of August 31, 2014 in the amount $24,407,397.63. -PAYROLL AND (c) Payroll and materials claims for the month of September 2014 in the MATERIAL CLAIMS amount of $7,417,710.70. -ADA GRIEVANCE (d) Confirm the Mayor’s reappointments of Dean Nielson and Dr. K. C. COMMITTEE McGee to continue their service as members of the ADA Grievance REAPPOINTMENTS Committee. Both terms will begin September 7, 2014 and will expire September 7, 2016. -AIRPORT (e) Confirm the Mayor’s reappointment of Richard Gregersen to COMMISSION continue his service as a member of the Airport Commission. Mr. REAPPOINTMENT Gregersen’s term will begin October 9, 2014 and will expire October 9, 2016. -CHILD CARE (f) Confirm the Mayor’s appointment of Jeanette Hunt to serve as a ADVISORY member of the Child Care Advisory Committee, replacing Carol COMMITTEE Grimes who resigned. Ms. Hunt’s term will begin October 3, 2014 APPOINTMENT and will expire October 21, 2017. REGULAR CITY COUNCIL MEETING 2 OCTOBER 2, 2014 -HUMAN RELATIONS (g) Confirm the Mayor’s reappointment of Virgie Arambarri to continue ADVISORY her service as a member of the Human Relations Advisory COMMITTEE Committee. Ms. Arambarri’s term will begin October 4, 2014 and REAPPOINTMENT will expire October 4, 2018. -POCATELLO ARTS (h) Confirm the Mayor’s reappointment of Laraine Hatch to continue COUNCIL her service as a member of the Pocatello Arts Council. Ms. Hatch’s REAPPOINTMENT term will begin October 7, 2014 and will expire October 7, 2017. -POCATELLO ARTS (i) Confirm the Mayor’s appointment of Paul Zmolek to serve as a COUNCIL member of the Pocatello Arts Council, replacing Suzanne Johnson APPOINTMENT who resigned. Mr. Zmolek’s term will begin October 3, 2014 and will expire September 8, 2015. -SISTER CITIES (j) Confirm the Mayor’s appointment of Sunny Shaw to serve as a COMMITTEE member of the African Sister Cities Subcommittee, filling a long- APPOINTMENT term vacancy. Ms. Shaw’s term will begin October 3, 2014 and will expire October 3, 2018. -ANNUAL SCHOOL (k) Consider a request by Parks and Recreation staff to approve the DISTRICT 25 annual School District 25 facilities usage agreement for the BUILDING/ 2014/2015 school year. Parks and Recreation Team Sports Division FACILITIES USAGE will use the District’s gyms and athletic fields for the City’s team FOR TEAM SPORTS sports programs. PROGRAMS -RATIFICATION-USE (l) Ratify the Council’s approval of a Use Agreement with Idaho State AGREEMENT FOR ISU University (ISU) Baseball Club for 2014 Fall and 2015 Spring BASEBALL CLUB seasons. -RATIFICATION (m) Ratify the Council’s approval of the City’s annual application for a -HISTORIC Certified Local Program Grant for the Historic Preservation PRESERVATION Commission and authorize the Mayor to sign documents related to COMMISSION GRANT the grant, subject to Legal Department review. -CONTRACT (n) Approve a one-year contract with The Grossman Group, LLC, from –GROSSMAN Washington, DC to provide lobbyist services for the City of GROUP, LLC Pocatello. The basic one-year contract will be effective October 1, 2014 and continue to September 30, 2015 in the monthly amount of $5,000.00. -PROFESSIONAL (o) Approve the annual renewal of a Professional Services Agreement SERVICES AGREEMENT with Lucity, Inc. beginning August 1, 2014 for the provision of -LUCITY technical support for the City’s GIS system. The agreement provides for technical support at the off-site rate of $115.00 per hour, and on-site rate of $1,275.00 per day, which expense is included in the GIS annual budget. AGREEMENT (p) Approve an agreement with Dick’s Sporting Goods for a Parks and -DICK’S SPORTING Recreation Team Sports Division Holiday Hoopla Special Event on GOODS DONATION December 20, 2014. REGULAR CITY COUNCIL MEETING 3 OCTOBER 2, 2014 A motion was made by Mr. Moore, seconded by Mr. Cooper, to approve the items on the consent agenda. Upon roll call, those voting in favor were Moore, Cooper, Brown and Orr. AGENDA ITEM NO. 4: Mr. Cooper, on behalf of Mayor Blad, proclaimed COMMUNICATIONS AND October 2014 as Housing America Month in Pocatello and PROCLAMATIONS encouraged citizens to address housing and community development needs in our community. Sunny Shaw, Executive Director of Pocatello Housing Authority, accepted the proclamation and thanked the Mayor and Council for the proclamation. AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the October 9th Study Session CALENDAR REVIEW at 9:00 a.m.; the October 16, 2014 Executive Session at 5:00 p.m.; and the October 16th Regular Council meeting at 6:00 p.m. Mayor Blad announced that the 17th Annual “Run with the Big Dogs” would be held on October 4th; Animal Shelter office would open at 2:00 p.m. to allow staff to facilitate the “Run with the Big Dogs” event; and the Mayor’s Awards for the Arts hosted by the Idaho Food Bank would be held on October 9th from 6:30 p.m. to 8:30 p.m. Tickets are on sale at the Mayor’s Office and Idaho Foodbank. AGENDA ITEM NO. 6: Phillip D. Hanson was present to appeal the decision of the Police APPEAL OF TAXI Department which denied Mr. Hanson a Taxi License. LICENSE DENIAL -HANSON Phillip Hanson, Pocatello resident, stated an incident in Ada County led to his arrest and subsequent 48- month probation, due to expire December 2016. He shared a letter from his Probation Officer, stating he has been compliant and has met all terms and conditions of his probation. Mr. Hanson added that he was a police officer for 26 years. Lieutenant Paul Manning, Support Services Division, gave an overview of Mr. Hanson’s arrest record and stated Mr. Hanson is on probation until December 2014 for one misdemeanor and on probation until December 2016 for a second misdemeanor. In response to questions from Council, Mr. Hanson stated he does not use drugs or alcohol and the incident took place during an argument with his wife. He added that he has completed extensive anger management classes during his probationary time. A motion was made by Mr. Moore, seconded by Mr. Brown, to overturn the decision of the Police Department and approve a taxi cab license for Phillip D. Hanson. Upon roll call, those voting in favor were Moore, Brown, Cooper and Orr. AGENDA ITEM NO. 7: Willard Coy Wood was present to appeal the decision of Animal APPEAL-HORSE Services staff which denied a Horse Permit for his rental property PERMIT DENIAL FOR located at 1625 Pocatello Creek Road. 1625 POCATELLO CREEK ROAD REGULAR CITY COUNCIL MEETING 4 OCTOBER 2, 2014 Coy Wood, Las Vegas, Nevada, is the property owner of a rental home at 1625 Pocatello Creek Road and gave a historical overview of the property in question. He stated the rental has had horses on the property on and off since 1969. Mr. Wood added that he upgraded the home and property located at 1625 Pocatello Creek Road and has rented the property to Margie Jensen. In response to questions from Council, Mr. Wood stated the property had adequate fencing in the past, but has been removed by sources unknown. He added that the tenant has agreed to build fences around the proposed pasture area. Mr. Wood stated there is water available on the property, and his water rights to Pocatello Creek are unknown, but could be researched. Mary Remer, Animal Services Director, gave an overview of the permit process and the current animal ordinance regarding horses. She stated neighbor approval is not necessarily required, but Animal Services asks for written consent of the neighbors, to allow the neighbors to be aware of the proposed land use. Ms. Remer stated one of the conditions of the permit is in regards to irrigation of the area and the applicant has complied with all conditions. She added that after the permit was approved, some neighbors removed their names from the permit application. In response to a question by Council, Ms. Remer stated that the condition regarding irrigation states that prior to permit renewal, the owner must have an irrigation system in place. She clarified that the permit applicant would need to have irrigation in place by spring to keep the area green. Margie Jensen, 1625 Pocatello Creek Road, is the tenant of Mr. Wood’s property. She stated she has worked to upgrade the property and would like to have two horses on the pasture. Ms. Jensen added that her first priority is to keep the animals in good health and the property in good condition. She stated she has also received a permit for four chickens. In response to questions from Council, Mike Seibert 1665 Pocatello Creek, Road, stated that his business and residence is located next door to the area in question, which has been zoned Commercial General. He feels the proposed addition of livestock to the area would be detrimental to his outdoor recreation area business. Mr. Seibert added that he is not aware that Mr. Wood owns any surface water rights for Pocatello Creek for the property located at 1625 Pocatello Creek Road. Mr. Wood stated that he feels the addition of two horses to the back pasture would not be a hindrance to Mr. Seibert’s business, as there is substantial space between Mr. Seibert’s facility and the area where the horses shall be contained. A motion was made by Mr. Orr to approve a horse permit for the property located at 1625 Pocatello Creek Road upon the condition that adequate irrigation be set in place for the property. Mr. Orr’s motion failed for lack of a second. A motion was made by Mr. Cooper, seconded by Mr. Moore, to uphold the decision of the Animal Services Director and deny a Horse Permit application for the property located at 1625 Pocatello Creek Road. Upon roll call, those voting in favor were Cooper, Moore and Brown. Mr. Orr voted in opposition to the motion. The motion passed. REGULAR CITY COUNCIL MEETING 5 OCTOBER 2, 2014 AGENDA ITEM NO. 8: This time was set aside for Council to receive comments from the PUBLIC HEARING public regarding a request from Dustin Morrison of American -RHONE STREET LAND Dream Home Builders, Inc. (mailing address: 2043 East Center USE EXCEPTION Street, Pocatello ID 83201) for a variance to allow a reduction of open space requirements for a planned unit development on an extension of Rhone Street between Hill View Drive and South Fairway Drive. The property is located within a Residential Low Density zoning district. Municipal Code 17.02.150 requires 20% of the net land area involved in the development as open space. The required amount of land should be 27,628 square feet. The applicant is setting aside 14,129 square feet all associated with the clubhouse. Municipal Code 17.02.140 allows applicants to bypass the variance process due to the complexity of the application and/or for the convenience of the applicant by processing the application as a land use exception. Mayor Blad declared the public hearing open. Dustin Morrison, American Dream Home Builders, Inc. asked Council if an electronic slide show would be permitted at this time. Mayor Blad explained that any electronic presentations would need prior approval, and because Mr. Morrison did not contact the City prior to the meeting, his presentation would not be allowed at this time. Merril Quayle, Development Engineer, stated that the public hearing pertains only to the variance to allow a reduction of open space requirements. Matthew Lewis, Planning Manager, stated that the roadway and infrastructure would be reviewed at the final plat stage which would then be brought before the City Council. Mr. Morrison stated he would like to move forward with the public hearing, without the use of the electronic slide show presentation. He stated that the development is being brought through as a Planned Unit Development (PUD) and therefore, the open space factor of 20% will be applied to the whole development. Mr. Morrison clarified that the clubhouse area is the only area that would require an exception to the open space factor, but because the development is being considered under the PUD, the entire area was under consideration. He stated he feels that the undeveloped land within the subdivision which is equal to 65% should count towards the open space calculations and not just the clubhouse. Mr. Lewis explained that according to Section 17.02.150 Planned Unit Developments Section D. 4. Open Space. “Regardless of the type of PUD, common open space shall encompass at least twenty- percent (20%) of the net land area involved in the development. Rights-of-way and areas included within private lots shall not be counted toward the required open space. The required common open space shall include but not be limited to usable recreation areas and/or facilities (e.g. parks, clubhouses, athletic courts, pools, trails).” In this case, at least 27,628 square feet of common open space is required (3.71 acres = 138.139 square feet with roadway subtracted out x .20% = 27,628 square feet). The applicant is only setting aside 14,129 square feet, all associated with the clubhouse. REGULAR CITY COUNCIL MEETING 6 OCTOBER 2, 2014 In response to a question from Council, Mr. Lewis explained that the developer could arrange the lots to accommodate the 27,628 square feet of open space as required, or simply not have the clubhouse and use the proposed lot for a single family residence, which could be another group living space. He added that these options were previously discussed with Mr. Morrison, but he chose to pursue the variance. Mayor Blad announced no written correspondence was received. Idaho Lorax, Pocatello resident, spoke uncommitted on the matter. He stated he is opposed to the use of variances. Robert Taylor, 2872 Hillview, spoke in opposition to the proposal and shared his concerns regarding open space and drainage. Niki Taysom, 4604 Burley Drive, Chubbuck, spoke in opposition to the proposal and feels that the developer should develop the area without a variance. Cory Loveland, 2608 Sonoma, shared his concerns regarding drainage and a proposed retention pond. Mr. Morrison stated that if the variance is denied, the open space would remain the same with or without a PUD. Mr. Lewis clarified that the clubhouse is only permitted through the PUD. The clubhouse would not be permitted as an accessory structure to a residence. In response to a question from Council, Mr. Lewis stated that drainage issues would be addressed during the final plat process. He clarified that the clubhouse is an amenity to the Planned Unit Development, therefore, must be considered in the overall open space requirements through the PUD process. There being no further public comments, Mayor Blad closed the public hearing. A motion was made by Mr. Cooper, seconded by Mr. Orr, to deny the request from Dustin Morrison of American Dream Home Builders, Inc. for a variance to allow a reduction of open space requirements for a planned unit development on an extension of Rhone Street between Hill View Drive and South Fairway Drive. Upon roll call, those voting in favor were Cooper, Orr, Brown and Moore. AGENDA ITEM NO. 9: Mayor Blad announced as a result of the Council’s motion to deny PUBLIC HEARING Agenda No. 8, a request for a land use exception on Rhone Street, –RHONE STREET Agenda Item No. 9 could not be considered by the Council at PLANNED UNIT this time. DEVELOPMENT Mayor Blad called a recess at 7:48 p.m. Mayor Blad reconvened the meeting at 8:00 p.m. REGULAR CITY COUNCIL MEETING 7 OCTOBER 2, 2014 AGENDA ITEM NO. 10: This time was set aside for the Council to accept testimony from PUBLIC HEARING citizens and organizations on any housing or non-housing –COMMUNITY community development needs they have identified. The Council DEVELOPMENT will also review written Statements of Intent to Apply for Program BLOCK GRANT NEEDS Year 2015 Community Development Block Grant funding and organizations may present their proposals for funding. Mayor Blad opened the public hearing. Melanie Gygli, Neighborhood and Community Services (NCS) Division Manager, reviewed the process used by applicants to apply for CDBG funds. She explained that a federal Fiscal Year 2015 budget had not been adopted at that time. Ms. Gygli stated for purposes of planning, NCS staff has estimated the City’s allocation to be $379,650.00, which is approximately the amount awarded in Program Year 2013. She added that statements of intent to apply for funding requests totaled over $546,000.00. Ms. Gygli noted that because of the limited size of the anticipated award and carryover funding, additional funds for sidewalk repair were not being requested at this time. Mayor Blad announced that other than Statements of Intent, no other written comments were received regarding the applications for CDBG funds. Lee Reilly, 248 Myrl, representative of First Presbyterian Church, spoke in support of the application and gave an overview of proposed upgrades to sidewalks surrounding the property. Idaho Lorax, Pocatello resident, stated he feels that funding should be provided for safety projects in the community. BJ Stensland, Executive Director of Aid For Friends, PO Box 4233, Pocatello, Idaho, stated requested funds would be used for upgrades at the emergency homeless shelter to comply with the Safe Drinking Water Act, to reduce lead in drinking water. Ginny Acevedo, Executive Director of Bannock Youth Foundation, (BYF), 620 West Fremont, stated funding has been requested to help pay for safety upgrades and repair of BYF facilities. Tim Swope, representative of the Greek Orthodox Church, 518 North 5th Avenue, spoke in support of the application and gave an overview of planned projects to upgrade the sidewalks surrounding the facility. Sara O’Banion, acting Executive Director of Family Services Alliance, 355 South Arthur, spoke in support of the application and gave an overview of the organization’s purpose and proposed upcoming projects. Terry Frederickson, Executive Director of New Day Products, 1704 North Main Street, spoke in support of the application and gave an overview of the organization’s purpose and proposed upgrades to the current facility. Mark Dahlquist, Executive Director of NeighborWorks, 206 North Arthur, shared that NeighborWorks has requested funding to provide continued support of owner-occupied rehabilitation and rental rehabilitation programs. Niki Taysom, 4604 Burley Drive, Chubbuck, spoke in opposition to the proposal and feels it is not REGULAR CITY COUNCIL MEETING 8 OCTOBER 2, 2014 appropriate to allocate CDBG funds to applicants. There being no further public comments, Mayor Blad closed the public hearing and announced that Council would consider further action at a later date. AGENDA ITEM NO. 11: Bill Isley of BBMAD (mailing address: 2231 East Center Street, FINAL PLAT (REPLAT) Pocatello ID 83201), represented by Rocky Mountain Engineering HIDDEN VALLEY and Surveying (mailing address: 2043 East Center Street, Pocatello SUBDIVISION 2ND ID 83201) has submitted a final plat (replat) to subdivide ADDITION approximately 3.21 acres into 8 residential lots located on an extension of Corsini Court. A motion was made by Mr. Brown, seconded by Mr. Moore, to approve a final plat (replat) to subdivide approximately 3.21 acres into 8 residential lots located on an extension of Corsini Court with the following conditions: 1) all conditions set out in the Engineering Department Memorandum dated September 1, 2014, shall be met; 2) the City Council allow the Developer to apply for a right-of-way vacation for excess roadway outside the existing right-of-way as shown on the plat. An exception shall be granted to waive the appraisal however the Developer shall be responsible for all processing fees associated with the Vacation Application; 3) the subject re-plat shall not be recorded until Council approves the vacation of right-of-way and such shall be shown on the re-plat ; 4) the Developer and the City Public Works Department staff will work together to determine suitable requirements and provisions for the delivery of City water and sewer to the subdivision, including pressure testing and chlorination; 5) all corrections to the re-plat of the preliminary plat which were noted by City Staff shall be made prior to submittal of the Re-Plat of Hidden Valley Subdivision 2nd Addition; 6) if applicable, the Developer shall submit the Declaration of Covenants, Conditions, and Restrictions for the Re-Plat of Hidden Valley Subdivision 2nd Addition to the City’s Legal Department to be approved prior to recording the final plat; and 7) all other standards and conditions of Municipal Code not herein discussed but applicable to residential development shall apply and changes be met as set forth in the memo to Matthew Lewis from Merril Quayle dated September 1, 2014 and that the decision be set out in appropriate Council Decision format. Upon roll call, those voting in favor were Brown, Moore, Cooper and Orr. AGENDA ITEM NO. 12: Council was asked to adopt a resolution and authorize the Mayor’s RESOLUTION/ signature on a Cooperative Agreement between the City and Idaho COOPERATIVE Transportation Department for storm water installation and AGREEMENT FOR maintenance on Yellowstone Avenue from Flandro to Pole Line STORMWATER UPGRADES Road. -YELLOWSTONE AVENUE FROM FLANDRO TO POLE LINE ROAD The State of Idaho will be responsible to design, install and pay for the new storm water facilities and will be the City’s responsibility to maintain the storm water system. A motion was made by Mr. Moore, seconded by Mr. Brown, to adopt a resolution (2014-20) and authorize the Mayor’s signature on a Cooperative Agreement between the City of Pocatello and Idaho Transportation Department for storm water installation and maintenance on Yellowstone Avenue from Flandro to Pole Line Road. Upon roll call, those voting in favor were Moore, Brown, Cooper and Orr. REGULAR CITY COUNCIL MEETING 9 OCTOBER 2, 2014 AGENDA ITEM NO. 13: Council was asked to authorize the execution of a Professional AGREEMENT Services Agreement between JUB Engineers, Inc. and the City of -HAWTHORNE ROAD Pocatello, subject to Legal Department review, for the Hawthorne AND QUINN ROAD Road and Quinn Road Intersection Project. Under this agreement, INTERSECTION JUB will perform services related to the preliminary design phase of PROJECT this federal aid project. This project includes the design of a traffic signal to improve the level of service and reduce the occurrence of accidents at the intersection. The City’s funding match on the project is 7.34% or approximately $17,000.00 which is available in Fund 70. The City of Chubbuck will pay 25% of this match prior to construction. Final design and construction will follow at a later date. The estimated cost of the project is $1.8 million. A motion was made by Mr. Cooper, seconded by Mr. Orr, to authorize the execution of a Professional Services Agreement between JUB Engineers, Inc. and the City of Pocatello, subject to Legal Department review, for the Hawthorne Road and Quinn Road Intersection Project and that JUB will perform services related to the preliminary design phase of this federal aid project including design of a traffic signal and that the City’s funding match will be 7.34% or approximately $17,000.00 and that the City of Chubbuck will pay 25% of this match prior to construction. Upon roll call, those voting in favor were Cooper, Orr, Brown and Moore. AGENDA ITEM NO. 14: As announced earlier, Agenda Item No. 14 to request “Council “COUNCIL SELECT” Select” Funds was pulled from the agenda at the request of the FUNDING REQUEST applicant. -STONE SYMPOSIUM AGENDA ITEM NO. 15: Council was asked to consider two requests from Aid For Friends. SPECIAL EVENT The group wishes to conduct their 8th Annual Encampment special WAIVER REQUESTS fundraising event at Caldwell Park beginning the evening of -AID FOR FRIENDS December 5, 2014 and concluding on December 7, 2014 at 10:00 ANNUAL ENCAMPMENT a.m. Therefore, they will need permission to have people in the park during the evenings of December 5th and December 6th. They are also requesting that parking on that portion of East Center Street, adjacent to the park, be limited to vehicles associated with the event from 10:00 a.m. on December 5th to 10:00 a.m. on December 7th. A motion was made by Mr. Moore, seconded by Mr. Brown, to approve two requests from Aid For Friends to conduct their 8th Annual Encampment special fundraising event at Caldwell Park beginning the evening of December 5, 2014 and concluding on December 7, 2014 at 10:00 a.m. and grant permission to have people in the park during the evenings of December 5th and December 6th and that parking on that portion of East Center Street, adjacent to the park, be limited to vehicles associated with the event from 10:00 a.m. on December 5th to 10:00 a.m. on December 7th. Upon roll call, those voting in favor were Moore, Brown, Cooper and Orr. AGENDA ITEM NO. 16: Council was asked to approve and authorize the Mayor to sign, a CENTURY LINK utility easement for Century Link that will be located near the UTILITY EASEMENT easterly property line at OK Ward Park. City Surveyor and -OK WARD PARK Development Engineer have recommended approval of the request. A motion was made by Mr. Orr, seconded by Mr. Cooper, to approve and authorize the Mayor to sign, a REGULAR CITY COUNCIL MEETING 10 OCTOBER 2, 2014 utility easement for Century Link that will be located near the easterly property line at OK Ward Park as recommended by the City Surveyor and Development Engineer. Upon roll call, those voting in favor were Orr, Cooper, Brown and Moore. AGENDA ITEM NO. 17: Council was asked to accept the recommendations of staff for the BID/AGREEMENT following requests regarding the Zoo Entrance Sewer -ZOO ENTRANCE Improvement Project: SEWER IMPROVEMENT PROJECT BID a) Accept the lowest responsive bid received on September 9, 2014 -A+ CONTRACTORS from A+ Contractors LLC in the amount of $38,585.00 and, if the LLC bid is accepted; AGREEMENT b) Authorize the Mayor’s execution of the Agreement between the City –A+ CONTRACTORS of Pocatello and A+ Contractors LLC, in the amount of $38,585.00 LLC for the Zoo Entrance Sewer Improvement Project. Funds are available in fund 957 to cover the agreement amount. A motion was made by Mr. Cooper, seconded by Mr. Brown, to approve Agenda Items 17(a) and 17(b) regarding the Zoo Entrance Sewer Improvement Project. In response to a question from Council, Merril Quayle, Development Engineer, stated that this proposed bid and agreement are necessary to put the sewer infrastructure in place so that the restroom project may be started, but the bid and agreement, as outlined in Agenda Items 17(a) and 17(b), do not include the actual restrooms. Mr. Cooper’s motion was voted upon at this time. Upon roll call, those voting in favor were Cooper, Brown, Moore and Orr. AGENDA ITEM NO. 18: Council was asked to consider the following one-year Professional PROFESSIONAL Services Agreements with Gary Carlson for sports programs offered SERVICES AGREEMENTS by Parks and Recreation Team Sports. The Agreements are: -CARLSON TEAM SPORTS a) Mr. Carlson will assign officials for various adult and youth sports DIVISION OFFICIALS programs for which he will be paid $1,550.00 for providing these services; and MEN’S BASKETBALL b) Mr. Carlson will operate the City’s Men’s Basketball League. He will LEAGUE organize the league, collect all fees, schedule and pay officials. Player fees will be remitted to the City at the conclusion of the season. These agreements are similar to previous agreements the City has had with Mr. Carlson. REGULAR CITY COUNCIL MEETING 11 OCTOBER 2, 2014 A motion was made by Mr. Moore, seconded by Mr. Cooper, to approve Agenda Items No. 18(a) and 18(b) for Professional Services Agreements with Gary Carlson for sports programs offered by Parks and Recreation Team Sports. Upon roll call, those voting in favor were Moore, Cooper, Brown and Orr. AGENDA ITEM NO. 19: Council was asked to consider the following piggy-back bids on a PIGGY-BACK BIDS 2013 City of Chubbuck bid and, if the bids are accepted, authorize FOR SANITATION the Mayor’s signature on all necessary documents. The bids are: EQUIPMENT CAB AND CHASSIS a) Two – 2015 Peterbilt 320 cab and chassis; and PACKER BODY b) Two – Heil DuraPack 7000 Packer body. The combined purchase price is $522,074.00. Two automated collection trucks are scheduled for replacement and funds for this purchase are available in the Fiscal Year 2015 Sanitation Department budget. A motion was made by Mr. Moore, seconded by Mr. Brown, to approve the piggy-back bids on a 2013 City of Chubbuck bid of a) two-2015 Peterbilt 320 cab and chassis; and b) two-Heil DuraPack 7000 Packer body and that the combined purchase price will be $522,074.00 and authorize the Mayor’s signature on all necessary documents. Upon roll call, those voting in favor were Moore, Brown, Cooper and Orr. AGENDA ITEM NO. 20: Council was asked to renew the Agreement with Mercer Health and AGREEMENTS Benefits for Fiscal Year 2015 for benefits consulting services which -MERCER HEALTH includes Affordable Care Act requirements. A motion was made by Mr. Moore, seconded by Mr. Cooper, to renew the Agreement with Mercer Health and Benefits for Fiscal Year 2015 for benefits consulting services which includes Affordable Care Act requirements. Upon roll call, those voting in favor were Moore, Cooper and Brown. Mr. Orr voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 21: Council was asked to renew the Agreement with LifeMap Group AGREEMENT Life Insurance which reflects a $0.35 increase per employee per -LIFEMAP GROUP month for an annual increase of approximately $2,226.00. LIFE INSURANCE A motion was made by Mr. Moore, seconded by Mr. Brown, to renew the Agreement with LifeMap Group Life Insurance which reflects a $0.35 increase per employee per month for an annual increase of approximately $2,226.00. Upon roll call, those voting in favor were Moore, Brown, Cooper and Orr. AGENDA ITEM NO. 22: Council was asked to approve and authorize the Mayor to sign, a AGREEMENTS Business Associate Agreement and a Consulting Services Agreement –MILLIMAN, INC. with Milliman, Inc., for the actuarial evaluation of the City’s other post-employment benefits. This evaluation is required in order to complete the City’s Fiscal Year 2014 comprehensive annual financial report. Total cost for both agreements is $6,400.00. REGULAR CITY COUNCIL MEETING 12 OCTOBER 2, 2014 A motion was made by Mr. Orr, seconded by Mr. Moore, to approve and authorize the Mayor to sign, a Business Associate Agreement and a Consulting Services Agreement with Milliman, Inc., for the actuarial evaluation of the City’s other post-employment benefits in order to complete the City’s Fiscal Year 2014 comprehensive annual financial report and that the total cost for both agreements will be $6,400.00. Upon roll call, those voting in favor were Orr, Moore, Brown and Cooper. AGENDA ITEM NO. 23: Council was asked to approve and authorize the Mayor to sign, a LETTER OF Letter of Engagement with Deaton and Company in an amount not ENGAGEMENT to exceed $33,575.00 to provide auditing services for the City of -DEATON AND Pocatello’s Fiscal Year 2014 audit. COMPANY A motion was made by Mr. Cooper, seconded by Mr. Orr, to approve and authorize the Mayor to sign, a Letter of Engagement with Deaton and Company in an amount not to exceed $33,575.00 to provide auditing services for the City of Pocatello’s Fiscal Year 2014 audit. Upon roll call, those voting in favor were Cooper, Orr, Brown and Moore. AGENDA ITEM NO. 24: Council was asked to accept staff’s recommendation and allow the MOU-FIRE UNION Mayor to sign, subject to Legal Department review, a Memorandum of Understanding (MOU) with the Fire Union allowing the Union the ability to deviate from the contract and grieve the ability of a member to voluntarily demote to a currently occupied position prior to the demotion taking place in order to limit the impact to the department’s operations. A motion was made by Mr. Moore, seconded by Mr. Brown, to allow the Mayor to sign, subject to Legal Department review, a Memorandum of Understanding (MOU) with the Fire Union allowing the Union the ability to deviate from the contract and grieve the ability of a member to voluntarily demote to a currently occupied position prior to the demotion taking place in order to limit the impact to the department’s operations. Upon roll call, those voting in favor were Moore, Brown, Cooper and Orr. AGENDA ITEM NO. 25: Council was asked to consider an ordinance vacating 18,000 square ORDINANCE feet of right-of-way in the 200 block of East Humbolt Street, -VACATION OF between 1st and 2nd Avenues, granting conveyance to the adjacent 200 BLOCK OF property owner, the City of Pocatello. Said vacation was approved EAST HUMBOLT by Council on August 7, 2014 and all conditions contained therein STREET have been met. A motion was made by Mr. Moore, seconded by Mr. Cooper, that the ordinance, Agenda Item No. 25, be read only by title and placed on final passage for publication, and that only the ordinance summary sheet be submitted for publication. Upon roll call, those voting in favor were Moore, Cooper, Brown and Orr. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance vacating 18,000 square feet of right-of-way in the 200 block of East Humbolt Street, between 1st and 2nd Avenues, granting conveyance to the adjacent property owner, the City of Pocatello, as approved by Council on August 7, 2014 and that all conditions REGULAR CITY COUNCIL MEETING 13 OCTOBER 2, 2014 contained therein have been met. Mayor Blad asked “Shall the ordinance pass?” Upon roll call, those voting in favor were Brown, Cooper, Moore and Orr. Mayor Blad declared the ordinance and summary sheet passed, that it be numbered 2938 and be submitted to the Idaho State Journal for publication. Mr. Cooper was excused from the meeting at this time. AGENDA ITEM NO. 26: Niki Taysom, 4604 Burley Drive, Chubbuck, shared her DISCUSSION ITEMS concerns regarding community activities and potential endangerment to children. Idaho Lorax, Pocatello resident, shared his concerns regarding potential contaminants within the City and his desire for neighborhood Geiger counters. Carl Macey, Bannock Transportation CEO, shared his concerns regarding insurance requirements for taxi drivers and transportation companies in Pocatello. He feels the insurance requirements for Pocatello providers is very high in comparison to other areas. There being no further business, Mayor Blad adjourned the meeting at 8:53 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK