City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING MAY 19, 2016 CLARIFICATION The City Council Agenda Clarification Meeting was called MEETING to order at 5:31 p.m. by Council President Steve Brown. Council members present were Jim Johnston, Gary Moore and Michael L. Orr. Mayor Brian Blad and Council member Roger Bray 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 6:01 p.m. ROLL CALL AND by Council President Steve Brown. Council members present were PLEDGE OF Jim Johnston, Gary Moore and Michael L. Orr. Mayor Brian Blad ALLEGIANCE and Council member Roger Bray were excused. Council President Brown led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was given by Pastor Scott Sampson, Rocky INVOCATION Mountain Ministries. 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 May 5, 2016 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, 2016 in the amount of $44,380,744.23. -POCATELLO ARTS (c) Council was asked to confirm the Mayor’s appointment of Barbara COUNCIL Orr to serve as a member of the Pocatello Arts Council, replacing APPOINTMENT Winona Heyer-Soma who resigned. Ms. Orr’s term will begin May 20, 2016 and will expire February 19, 2019. -POCATELLO (d) Council was asked to confirm the Mayor’s appointment of Scott DEVELOPMENT Turner to serve as a member of the Pocatello Development AUTHORITY Authority, replacing Cynthia Hill whose term expired. Mr. Turner’s APPOINTMENT term will begin May 20, 2016 and will expire May 1, 2020. -COUNCIL DECISION (e) Adopt the Council’s decision approving the Final Short Plat for -CHEYENNE GATE Cheyenne Gate which divides 2.0 acres into a three (3) lot FINAL SHORT PLAT subdivision, subject to conditions. The property is located on Cheyenne Avenue just west of the Portneuf River. Access to said lots will be from a private drive via Cheyenne Avenue and is located within a Residential Medium Density Single Family (RMS) zoning district. REGULAR CITY COUNCIL MEETING 2 MAY 19, 2016 A motion was made by Mr. Moore, seconded by Mr. Orr, to approve the items on the consent agenda. Upon roll call, those voting in favor were Moore, Orr, Johnston and Brown. AGENDA ITEM NO. 4: Mr. Brown announced there were no communications or COMMUNICATIONS AND proclamations. PROCLAMATIONS AGENDA ITEM NO. 5: Mr. Brown reminded the Council of the June 2nd Budget meeting at CALENDAR REVIEW 9:00 a.m. and the June 2nd Regular City Council meeting at 6:00 p.m. Mr. Brown announced the Ross Park Aquatic Center will open for the season on Saturday, May 28th, weather permitting; City offices will be closed Monday, May 30th for the Memorial Day Holiday. However, garbage and recycling pick-ups will be on schedule; Field of Heroes will be at Century High School May 27th through May 31st; and dog licenses are on sale for half price through the end of May. Mr. Brown offered congratulations to all area high school graduates. Mr. Orr announced that May is Historic Preservation Month and activities will take place at Idaho State University on May 20th and 21st. AGENDA ITEM NO. 6: Council was asked to consider requests from Julie Hayden (mailing “COUNCIL SELECT” address: PO Box 8489, Pocatello, ID 83209) for the following: FUNDING AND ADMISSION FEE REDUCTION REQUESTS -IDAHO INTERNATIONAL CHORAL FESTIVAL 2016 COUNCIL SELECT a) Council Select funds in the amount of $250.00 to assist with expenses FUNDING REQUEST related to the 2016 Idaho International Choral Festival (IICF) July 19 through 24, 2016. (As of May 13, 2016 $4,400.00 remained in the Council Select fund.); and ADMISSION FEE b) That the City continue its tradition of reduced admission fees at the REDUCTION REQUEST Ross Park Aquatic Complex ($2.50 admission cost), Zoo Idaho ($2.00 admission cost), and Fort Hall Replica ($1.00 admission cost) for IICF choir members visiting Pocatello during the event. Julie Hayden, Idaho International Choral Festival Executive Director, stated the annual choral festival will host 12 international choirs and the members contribute culturally and economically to Pocatello during their stay. She encouraged citizens to serve as host families to the international visitors. A motion was made by Mr. Johnston, seconded by Mr. Moore, to approve the requests from Julie Hayden as outlined in Agenda Item No. 6(a) and 6(b) related to the 2016 Idaho International Choral Festival to be held July 19 through 24, 2016. Upon roll call, those voting in favor were Johnston, Moore and Brown. Mr. Orr voted in opposition to the motion. The motion passed. REGULAR CITY COUNCIL MEETING 3 MAY 19, 2016 AGENDA ITEM NO. 7: The Cooperative Wilderness Handicapped Outdoor Group (CW “COUNCIL SELECT” HOG), represented by Bob Ellis (mailing address: 921 South 8th FUNDING REQUEST Avenue, MS 8128, Pocatello, ID 83209-8128) is requesting that -CW HOG “Council Select” funds in the amount of $250.00 be used to help pay for the rental and moving of picnic tables and two recycling bins for the 35th Annual CW HOG “Pig-Out” Event planned for September 17, 2016. (As of May 13, 2016 $4,400.00 remained in the Council Select fund.) A motion was made by Mr. Moore, seconded by Mr. Johnston, to approve the request to use “Council Select” funds in the amount of $250.00 to be used to help pay for the rental and moving of picnic tables and two recycling bins for the 35th Annual CW HOG “Pig-Out” Event on September 17, 2016. Upon roll call, those voting in favor were Moore, Johnston and Brown. Mr. Orr voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 8: Council was asked to consider the following requests by Zoo Idaho FEE WAIVER staff to continue its tradition of waiving admission fees for military REQUESTS-MILITARY families during Military Family Appreciation Day: APPRECIATION DAY AT THE ZOO WAIVE 2016 FEES a) Waive Zoo admission fees for military families on June 4, 2016; and WAIVE FUTURE b) Waive Zoo admission fees for military families for all future Military FEES Family Appreciation Day events, subject to Zoo Idaho Superintendent’s review. A motion was made by Mr. Johnston, seconded by Mr. Orr, to approve the following requests by Zoo Idaho staff to continue its tradition of waiving admission fees for military families during Military Family Appreciation Day: a) waive Zoo admission fees for military families on June 4, 2016; and b) waive Zoo admission fees for military families for all future Military Family Appreciation Day events, subject to the Parks and Recreation Director’s review. Upon roll call, those voting in favor were Johnston, Orr, Moore and Brown. AGENDA ITEM NO. 9: 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 Union Pacific Avenue for the following 2016 events: POCATELLO REVIVE @ 5 a) Revive @ 5-Wednesdays May 25th to September 7th and Friday, August 12th from 2:00 p.m. to 10:00 p.m. POCATELLO PRIDE b) Pocatello Pride-Saturday, June 25th 2:00 p.m. to 10:00 p.m. WELCOME BACK c) Welcome Back Orange & Black-Monday, August 22nd from 12:00 ORANGE & BLACK noon to 8:00 p.m. (includes parking lot closure 10:00 a.m. to 8:00 p.m.); and RECOVERY FEST d) Recovery Fest-Friday, September 16th 2:00 p.m. to 10:00 p.m. REGULAR CITY COUNCIL MEETING 4 MAY 19, 2016 City Staff has reviewed the request. In response to a question from Council, Stephanie Palagi, Old Town Pocatello Executive Director, stated the street closure request from Old Town Pocatello is similar to requests in previous years. She added that the events have been very successful for many years. A motion was made by Mr. Johnston, seconded by Mr. Moore, 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 2016 events as outlined in Agenda Item No. 9(a) through 9(d). Upon roll call, those voting in favor were Johnston, Moore, Orr and Brown. AGENDA ITEM NO. 10: The Council was asked to consider a request from Old Town OPEN CONTAINER Pocatello (mailing address: PO Box 222, Pocatello, ID 83204) for a WAIVER REQUEST waiver of the open container ordinance to allow alcohol to be -OLD TOWN consumed in the 200 block of West Fremont and a portion of the POCATELLO 400 block of Union Pacific Avenue for Revive @ 5 events- Wednesdays, May 25 to September 7, 2016, including Friday, August 12 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 Mr. Moore, seconded by Mr. Orr, 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, Wednesdays, May 25 to September 7, 2016 and Friday, August 12, 2016 from 4:30 p.m. to 9:00 p.m., contingent upon the applicant meeting Police Department requirements and purchasing appropriate permits. Upon roll call, those voting in favor were Moore, Orr, Johnston and Brown. AGENDA ITEM NO. 11: Council was asked to approve an agreement between EXPERIENCEWORKS ExperienceWorks, a Senior Community Service Employment AGREEMENT Program, and the City of Pocatello to allow a participant of the -ANIMAL SERVICES Program to work at the Animal Shelter. ExperienceWorks is a federally-funded organization and will pay the wages of a senior citizen trying to gain training to enter back into the work force in an amount up to 20 hours a week. There is no cost to the City. Mr. Johnston stated that he feels it would be beneficial to conduct background checks on all volunteers. A motion was made by Mr. Johnston, seconded by Mr. Orr, to approve an agreement between ExperienceWorks, a Senior Community Service Employment Program, and the City of Pocatello to allow a participant of the Program to work at the Animal Shelter and that ExperienceWorks will pay the wages of the participant in an amount up to 20 hours a week, subject to a background check. Upon roll call, those voting in favor were Johnston, Orr, Moore and Brown. REGULAR CITY COUNCIL MEETING 5 MAY 19, 2016 AGENDA ITEM NO. 12: Council was asked to approve the submission of a grant application ZOO TRUMPETER to U.S. Fish and Wildlife Service in the amount of $25,000.00 and, if SWAN/MARSHLAND awarded, authorize acceptance of the grant and authorize the Mayor PHASE 2 GRANT to sign, subject to Legal Department review, documents related to APPLICATION-U.S. FISH the grant. The grant will be used to construct Phase 2 of the AND WILDLIFE SERVICE Marshland Exhibit, Meadow and Crane Breeding Facility at the Zoo. City match will be met with in-kind work by staff and continued maintenance of the exhibit. A motion was made by Mr. Orr, seconded by Mr. Johnston, to approve the submission of a grant application to U.S. Fish and Wildlife Service in the amount of $25,000.00 and, if awarded, authorize acceptance of the grant and authorize the Mayor to sign, subject to Legal Department review, documents related to the grant and that the grant will be used to construct Phase 2 of the Marshland Exhibit, Meadow and Crane Breeding Facility at the Zoo and that the City match will be met with in- kind work by staff and continued maintenance of the exhibit. Upon roll call, those voting in favor were Orr, Johnston, Moore and Brown. AGENDA ITEM NO. 13: The Trails Working Group and the Portneuf Greenway Foundation TRANSPORTATION request City Council support for submission of a Transportation ALTERNATIVES Alternatives Project (TAP) grant application to the Idaho PROJECT GRANT Transportation Department in the amount of $400,000.00, and APPLICATION authorize the Mayor’s signature, subject to Legal Department review, CONSTRUCTION OF on documents related to the project. MULTI-USE PATHWAY The TAP would be for construction of a multi-use pathway along the eastern edge of the Interstate 15 right-of-way from the Farm Bureau building to the Monte Vista Overpass. Grant funds will be used to design, grade, gravel and pave the path. Matching funds in the amount of $29,360.00 (7.34%) will come from the Portneuf Greenway Foundation. The City of Pocatello will have full ownership of the path upon completion. A motion was made by Mr. Moore, seconded by Mr. Orr, to approve the request by the Trails Working Group and the Portneuf Greenway Foundation for submission of a Transportation Alternatives Project (TAP) grant application to the Idaho Transportation Department in the amount of $400,000.00, and authorize the Mayor’s signature, subject to Legal Department review, on documents related to the project and that the TAP would be for construction of a multi-use pathway along the eastern edge of the Interstate 15 right-of-way from the Farm Bureau building to the Monte Vista Overpass and that grant funds will be used to design, grade, gravel and pave the path and that matching funds in the amount of $29,360.00 (7.34%) will come from the Portneuf Greenway Foundation and that the City of Pocatello will have full ownership of the path, upon completion. In response to questions from Council, Dan Harelson, 1361 Jane Street, representing the Portneuf Greenway Foundation, stated the Foundation has been focusing on connecting the corridor between Terry Street and the Portneuf Heathcare Wellness Complex. He added that good progress is being made in terms of new trails and that a new trail would be dedicated on June 23rd. Mr. Harelson stated the trail will be called the “Parrish Memorial Trail” in memory of the Parrish family members who passed away in 2014 from carbon monoxide poisoning in their home. He announced that several other areas are planned for Greenway trail development. Mr. Moore’s motion was voted upon at this time. Upon roll call, those voting in favor were Moore, Orr, REGULAR CITY COUNCIL MEETING 6 MAY 19, 2016 Johnston and Brown. AGENDA ITEM NO. 14: The Trails Working Group and the Portneuf Greenway Foundation INTERSTATE RIGHT request City Council support for periodic application requests to the OF WAY REQUESTS Idaho Transportation Department and Federal Highway FOR CONSTRUCTION Administration to relinquish several sections of Interstate Right-of- OF MULTI-USE Way for non-motorized, multi-use paths to the City, with the PATHWAYS provision that the City of Pocatello will assume responsibility for operating and maintaining the pathway and appurtenances upon completion, and authorize the Mayor’s signature, subject to Engineering and Legal Department review, on documents related to the applications. The sections in question are needed to construct paths in compliance with the Americans with Disabilities Act, and to insure path continuity from Idaho State University at Terry Street to the Portneuf Healthcare Wellness Complex. A motion was made by Mr. Moore, seconded by Mr. Johnston, to approve a request by the Trails Working Group and the Portneuf Greenway Foundation for City Council support for periodic application requests to the Idaho Transportation Department and Federal Highway Administration to relinquish several sections of Interstate Right-of-Way for non-motorized, multi-use paths to the City, with the provision that the City of Pocatello will assume responsibility for operating and maintaining the pathway and appurtenances upon completion, and authorize the Mayor’s signature, subject to Engineering and Legal Department review, on documents related to the applications. Upon roll call, those voting in favor were Moore, Johnston, Orr and Brown. AGENDA ITEM NO. 15: Council was asked to consider the recommendation of staff for the BID/CONTRACT following requests regarding the rehabilitation and reconfiguring of -AIPORT taxiways and the terminal apron at the Pocatello Airport. REHABILITATION OF PAVEMENT PROJECT BID-KNIFE RIVER a) Accept the bid received on March 31, 2016 from Knife River CORPORATION- Corporation-Northwest in the amount of $3,513,387.00 and, if the NORTHWEST bid is accepted; CONTRACT-KNIFE b) Authorize the execution of a contract agreement and notice of bid RIVER CORPORATION- award between the City of Pocatello and Knife River Corporation- NORTHWEST Northwest in the amount of $3,513,387.00, subject to Legal Department review. The rehabilitation project will be funded 93.75% by FAA grant funds and 6.25% by airport passenger facility charge (PFC) funds. This project is contingent upon award of grant funds and FAA approval. A motion was made by Mr. Orr, seconded by Mr. Johnston, to approve the following requests regarding the rehabilitation and reconfiguring of taxiways and the terminal apron at the Pocatello Airport: a) accept the bid received on March 31, 2016 from Knife River Corporation-Northwest in the amount of $3,513,387.00; and b) authorize the execution of a contract agreement and notice of bid award between the City of Pocatello and Knife River Corporation-Northwest in the amount of $3,513,387.00, subject to Legal Department review and that the rehabilitation project will be funded 93.75% by FAA grant funds and 6.25% by airport passenger facility charge (PFC) funds, contingent upon award of grant funds and FAA approval. Upon roll call, those voting in favor were Orr, Johnston, Moore and Brown. REGULAR CITY COUNCIL MEETING 7 MAY 19, 2016 AGENDA ITEM NO. 16: Council was asked to approve and authorize the Mayor to sign a PROFESSIONAL Professional Services Agreement with T-O Engineers. The contract SERVICES AGREEMENT fee is based on time and materials and is not to exceed $290,552.50. WITH T-O ENGINEERS FOR AIRPORT REHABILITATION OF PAVEMENT PROJECT Scope of work includes project management of the following projects at the Airport: a) Rehabilitation of Taxiway A and connecting taxiways; b) Rehabilitation of terminal apron; b) Relocation of Taxiway E (A5); c) Relocation of Taxiway E (A5); and d) Reconfiguration of Taxiway A (A1) at Runway 21. Funding for the agreement will come from a federal grant (93.75%) and local match monies (6.25%) provided by Airport PFC funds. A motion was made by Mr. Moore, seconded by Mr. Orr, to approve and authorize the Mayor to sign a Professional Services Agreement with T-O Engineers, with the contract fee, based on time and materials, not to exceed $290,552.50 for the project management of the following projects at the Airport: a) Rehabilitation of Taxiway A and connecting taxiways; b) Rehabilitation of terminal apron; c) Relocation of Taxiway E (A5); and d) Reconfiguration of Taxiway A (A1) at Runway 21, subject to Legal Department review, and that funding for the agreement will come from a federal grant (93.75%) and local match monies (6.25%) provided by Airport PFC funds. Upon roll call, those voting in favor were Moore, Orr, Johnston and Brown. AGENDA ITEM NO. 17: Council was asked to approve and authorize the Mayor to sign an MCNABB GRAIN amendment to the lease agreement between the City of Pocatello AMENDMENT TO LEASE and McNabb Grain dated July 1, 2010. The amendment will AGREEMENT-AIRPORT increase the leased premises by an additional 3.38 acres and increase the rental rate to a total of $512.00 per month. The purpose of the agreement will also be amended to include storage of hay as well as grain. A motion was made by Mr. Johnston, seconded by Mr. Moore, to approve and authorize the Mayor to sign an amendment to the lease agreement between the City of Pocatello and McNabb Grain dated July 1, 2010 to increase the leased premises by an additional 3.38 acres and increase the rental rate to a total of $512.00 per month and amend the agreement to include storage of hay as well as grain, subject to Legal Department review. Upon roll call, those voting in favor were Johnston, Moore, Orr and Brown. AGENDA ITEM NO. 18: Council was asked to approve the Mayor’s signature on a Lease RIVERBEND Agreement and Easement with Riverbend Communications, LLC COMMUNICATIONS, LLC for the use of City property to continue its placement and operation –LEASE AGREEMENT of a communication tower at the Water Department reservoir yard AND EASEMENT off of Fore Road. The fee for said use is $200.00 per month, beginning May 1, 2016 through April 30, 2019. A motion was made by Mr. Orr, seconded by Mr. Johnston, to approve the Mayor’s signature on a Lease Agreement and Easement with Riverbend Communications, LLC for the use of City property to continue its placement and operation of a communication tower at the Water Department reservoir yard off of Fore Road and that the fee for said use is $200.00 per month, beginning May 1, 2016 through April 30, 2019. Upon roll call, those voting in favor were Orr, Johnston, Moore and Brown. REGULAR CITY COUNCIL MEETING 8 MAY 19, 2016 AGENDA ITEM NO. 19: The Council was asked to consider an ordinance vacating the ORDINANCE public’s interest in an existing abandoned 20 foot wide water line VACATION OF WATER easement running diagonally through Lot 25, Block 2, Farr-Ens LINE EASEMENT Estate Subdivision. Said vacation was approved by Council on June –FARR-ENS ESTATE 4, 2015 and all conditions contained therein have been met. SUBDIVISION A motion was made by Mr. Moore, seconded by Mr. Johnston, that the ordinance, Agenda Item No. 19, 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, Johnston, Orr and Brown. Dean Tranmer, City Attorney, read the ordinance by title. Council President Brown declared the final reading of the ordinance vacating the public’s interest in an existing abandoned 20 foot wide water line easement running diagonally through Lot 25, Block 2, Farr-Ens Estate Subdivision, as approved by Council on June 4, 2015. Council President Brown asked, “Shall the ordinance pass?” Upon roll call, those voting in favor were Johnston, Moore, Orr and Brown. Council President Brown declared the ordinance and summary sheet passed, that it be numbered 2968 and be submitted to the Idaho State Journal for publication. AGENDA ITEM NO. 20: Niki Taysom, 4963 Yellowstone Avenue, Chubbuck, shared several DISCUSSION ITEMS quotes and expressed her support for the Constitution and disapproval for various community events. Idaho Lorax, Pocatello resident, expressed his appreciation for area precipitation and his concern for the safety of citizens. Kelly Benningfield, 624 West Cedar Street, shared his concerns regarding public utilities, Hoku property and local property tax. There being no further business, Council President Brown adjourned the meeting at 6:47 p.m. APPROVED BY: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: REGULAR CITY COUNCIL MEETING 9 MAY 19, 2016 KONNI R. KENDELL, DEPUTY CITY CLERK