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City Council

Regular Meeting

Pocatello, ID · November 7, 2013

AgendaMinutes

Minutes

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2013 CLARIFICATION The City Council Agenda Clarification MEETING Meeting was called to order at 5:33 p.m. by Mayor Brian Blad. Council members present were Steve Brown, Craig Cooper, Gary Moore and Eva Johnson Nye. Council members Roger Bray and Jim Johnston 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 ROLL CALL AND to order at 6:02 p.m. by Mayor Brian Blad. PLEDGE OF Council members present were Steve Brown, ALLEGIENCE Craig Cooper, Gary Moore and Eva Johnson Nye. Council members Roger Bray and Jim Johnston were excused. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was given by Pastor Jim INVOCATION Jones, Blazing Grace Church. Mayor Blad announced agenda item No. 3(k) had been pulled from the agenda at the request of the Police Department. AGENDA ITEM NO. 3: Council was asked to consider the following CONSENT AGENDA business items: -MINUTES (a) Waive the oral reading of the minutes and approve the minutes from the October 10, 2013 Study Session and the October 29, 2013 Executive Session. -PAYROLL AND (b) Payroll and material claims for the month of MATERIAL CLAIMS October 2013 in the amount of $7,378,552.70. -AIRPORT (c) Confirm the Mayor’s reappointments of Roland COMMISSION Smith and Dwayne Sudweeks to continue their REAPPOINTMENTS service as members of the Airport Commission. Both terms will begin November 20, 2013 and will expire November 20, 2015. -FORT HALL (d) Confirm the Mayor’s appointment of Vernon REPLICA Preston to serve as a member of the Fort COMMISSION Hall Replica Commission, filling a long-term APPOINTMENT vacancy. Mr. Preston’s term will begin November 8, 2013 and will expire November 8, 2017. REGULAR CITY COUNCIL MEETING 2 NOVEMBER 7, 2013 -HEARING (e) Confirm the Mayor’s appointment of Susan EXAMINER Lorenz to serve as a Hearing Examiner. Ms. APPOINTMENT Lorenz’s term will begin November 8, 2013 and is non-expiring. -HISTORIC (f) Confirm the Mayor’s appointment of Jacquee PRESERVATION Alvord to serve as a member of the Historic COMMISSION Preservation Commission, replacing Brett APPOINTMENT Hyde who resigned. Ms. Alvord’s term will begin November 8, 2013 and will expire August 21, 2015. -SISTER CITIES (g) Confirm the Mayor’s reappointment of Sanae COMMITTEE Wood to continue her service as a member of REAPPOINTMENT the Japanese Sister Cities Subcommittee. JAPANESE Ms. Wood’s term will begin November 18, 2013 SUBCOMMITTEE and will expire November 18, 2017. -SISTER CITIES (h) Confirm the Mayor’s appointment of Jesse COMMITTEE Kiboko to serve as a member of the African APPOINTMENT Sister Cities Subcommittee, filling a long- AFRICAN term vacancy. Mr. Kiboko’s term will begin SUBCOMMITTEE November 8, 2013 and will expire November 8, 2017. -RATIFICATION (i) Council was asked to ratify the donative -DONATIVE TRANSFER transfer of a 1992 Ford CB Truck from the FIRE DEPARTMENT Fire Department to West End Fire Protection VEHICLE District of Paul, Idaho. This transaction is a trade and in return the City of Pocatello has accepted possession of a 2007 BME Spartan Model 1986 Multi-stage Truck from the Bureau of Homeland Security. -COUNCIL DECISION (j) Adopt the Council’s decision to overturn the –OVERTURN HPC Historic Preservation Commission’s (HPC) DENIAL REGARDING decision to deny the issuance of a WINDOWS AT Certificate of Appropriateness which would STATION SQUARE provide for the replacement of wood windows with colored vinyl clad windows for Station Square (the upper floor only), a/k/a the Fargo Building, located at 200 South Main Street. -APPEAL OF (k) As announced earlier, the appeal by DAY CARE LICENSE Rebekah Chandler who was denied the renewal DENIAL of her Day Care license, was pulled from the -REBEKAH CHANDLER agenda. A motion was made by Mr. Moore, seconded by Mr. Brown, to approve the items on the consent agenda. Upon roll call, those voting in favor were Moore, Brown, Cooper and Nye. AGENDA ITEM NO. 4: Mayor Blad welcomed boy scouts from REGULAR CITY COUNCIL MEETING 3 NOVEMBER 7, 2013 COMMUNICATIONS AND Scout troops No. 331, No. 145, No. 315 and PROCLAMATIONS No. 342. Mr. Moore, on behalf of Mayor Blad, proclaimed November 30, 2013 to be “Small Business Saturday” in Pocatello and urged citizens to shop locally for their holiday shopping. Matt Hunter, Greater Pocatello Chamber of Commerce Executive Director, and Stephanie Palagi, Old Town Pocatello Executive Director, accepted the proclamation and thanked the Mayor and Council for their support. Mr. Brown, on behalf of Mayor Blad, proclaimed November 2013 to be Native American Heritage Month in Pocatello and urged citizens to commemorate the month of November to celebrate the culture, history and traditions of Native Americans. Ruth Whitworth, City Clerk, announced that a sufficient number of signatures had been received to place a referendum of Ordinance 2921 on the May 20, 2014 ballot. AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the CALENDAR REVIEW November 14th Study Session at 9:00 a.m. and November 21st Regular Council meeting at 6:00 p.m. Mayor Blad announced that City Offices would be closed on November 11th to observe Veterans Day. However, garbage and recycling pickups will remain on their regularly scheduled days; parking at the Animal Shelter will be disrupted for up to two weeks while the contractor is blasting. Contact the Animal Shelter for more information regarding alternative parking; and the Sanitation Department annual leaf pick-up program will take place November 11th through November 22nd. Mayor Blad wished good luck to area high school football teams and announced the Marine Corps 238th birthday would be on Sunday, November 10th. AGENDA ITEM NO. 6: Niki Taysom, 4604 Burley Drive, DISCUSSION ITEMS Chubbuck, shared her concerns regarding FROM THE AUDIENCE upcoming activities at local libraries. Idaho Lorax, Pocatello resident, shared his support of small businesses and concerns regarding potentially harmful materials. Skyler Seibers, 75 Toponce, shared his support for smoke free bars in Pocatello. Anthony Beebe, 75 Toponce, expressed his support for smoke free workplaces in Pocatello. REGULAR CITY COUNCIL MEETING 4 NOVEMBER 7, 2013 AGENDA NO. 7: This time was set aside to receive comments PUBLIC HEARING from the public regarding a request from –VACATION OF Jared Ratliff, representing IDG Parkside, RIGHT OF WAY ON Inc. (mailing address: 3960 South 2nd Avenue, BENGAL VIEW DRIVE Pocatello ID 83201) and Rocky Mountain Engineering and Surveying (mailing address: 2043 East Center Street, Pocatello ID 83201) to vacate and abandon the public’s interest in a portion of the right-of-way on the west end of Bengal View Drive (east of South 2nd Avenue and north of Fredregill Road). Mayor Blad opened the public hearing. Brady Smith, Rocky Mountain Engineering and Surveying, gave an overview of the proposal and asked that the parcel be vacated and replatted to satisfy all setbacks. Matthew Lewis, Planning Division Manager, stated staff recommended approval of the vacation with the following condition: Elimination or moving of existing utilities or infrastructure and expense thereto shall be the applicant’s responsibility. He added that because of the small size of the parcel, it was recommended that the appraisal of the property be waived, and compensation to the City be based on land values of surrounding property within the subdivision. Mayor Blad announced no written correspondence had been received. There being no further public comments, Mayor Blad closed the public hearing. A motion was made by Mr. Moore, seconded by Mrs. Nye, to vacate and abandon the public’s interest in a portion of the right-of-way on the west end of Bengal View Drive measuring approximately 133 square feet in area with the condition recommended by staff and to grant the applicant’s request to waive the requirement to have the area appraised and that the applicant shall pay a total of $422.57 prior to the vacating ordinance being finalized and that the decision be set out in proper Council Decision format. Upon roll call, those voting in favor were Moore, Nye, Brown and Cooper. AGENDA ITEM NO. 8: Council was asked to consider the EQUIPMENT BID/LEASE recommendations of staff and award a bid for –WATER DEPARTMENT two (2) backhoe/loader combinations to Western States Equipment who submitted the low bid for a five-year lease with annual payments of $13,952.52. The total lease price will be $69,762.60. If approved, Council may also wish to authorize the Mayor’s signature on the lease, subject to Legal Department review. REGULAR CITY COUNCIL MEETING 5 NOVEMBER 7, 2013 Funding for this equipment is budgeted within the Water Department’s Fiscal Year 2014 budget. A motion was made by Mr. Brown, seconded by Mr. Moore, to award a bid for two (2) backhoe/loader combinations to Western States Equipment who submitted the low bid for a five-year lease with annual payments of $13,952.52 and that the total lease price will be $69,762.60 and authorize the Mayor’s signature on the lease, subject to Legal Department review. Upon roll call, those voting in favor were Brown, Moore, Cooper and Nye. AGENDA ITEM NO. 9: Council was asked to approve, subject to B.I.D. MANAGEMENT Legal Department review, a renewal of the AGREEMENT-OLD management agreement with Old Town Pocatello TOWN POCATELLO to administer and manage the operations of the Business Improvement District (B.I.D.). Council was also asked to acknowledge that they have reviewed the employment agreement of Stephanie Palagi with Old Town Pocatello as provided for in the management agreement. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve, subject to Legal Department review, a renewal of the management agreement with Old Town Pocatello to administer and manage the operations of the Business Improvement District (B.I.D.) and acknowledged that they have reviewed the employment agreement of Stephanie Palagi with Old Town Pocatello as provided for in the management agreement. Upon roll call, those voting in favor were Moore, Nye, Brown and Cooper. AGENDA ITEM NO. 10: Council was asked to approve the renewal of AGREEMENT-MERCER an agreement with Mercer Health and Benefits HEALTH AND BENEFITS to provide benefits consulting services for CONSULTING the coming fiscal year at a cost of SERVICES $20,000.00. A motion was made by Mrs. Nye, seconded by Mr. Cooper, to approve the renewal of an agreement with Mercer Health and Benefits to provide benefits consulting services for the coming fiscal year at a cost of $20,000.00. Upon roll call, those voting in favor were Nye, Cooper, Brown and Moore. AGENDA ITEM NO. 11: Council was asked to adopt a resolution RESOLUTION approving the annual revision of the –POCATELLO REGIONAL Affirmative Action Plan for Pocatello TRANSIT Regional Transit. The Plan includes REGULAR CITY COUNCIL MEETING 6 NOVEMBER 7, 2013 AFFIRMATIVE ACTION accomplishments, goals and timetables for PLAN FOR FISCAL implementation of the Plan. YEAR 2014 A motion was made by Mr. Moore, seconded by Mrs. Nye, to adopt a resolution (2013-15) approving the annual revision of the Fiscal Year 2014 Affirmative Action Plan for Pocatello Regional Transit. Upon roll call, those voting in favor were Moore, Nye, Brown and Cooper. AGENDA ITEM NO. 12: Council was asked to consider a Professional PROFESSIONAL Services Agreement with CH2M Hill for design SERVICES AGREEMENT services for the rehabilitation of the -BENTON STREET BRIDGE Benton Street Bridge. The City’s portion REHABILITATION for the design work is $35,014.00 which is 7.34% of the total cost. This construction project is scheduled for 2016. A motion was made by Mr. Moore, seconded by Mr. Brown, to approve a Professional Services Agreement with CH2M Hill for design services for the rehabilitation of the Benton Street Bridge and that the City’s portion for the design work is $35,014.00, which is 7.34% of the total cost. Upon roll call, those voting in favor were Moore, Brown, Cooper and Nye. Mr. Brown clarified that agendas for Regular City Council meetings and Study Sessions are published on the Monday before each meeting and reminded citizens that written comments concerning agenda items may be forwarded to City Council members at that time. He emphasized that City Council meetings are set aside for decision making. There being no further business, Mayor Blad adjourned the meeting at 6:40 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: REGULAR CITY COUNCIL MEETING 7 NOVEMBER 7, 2013 RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK

Agenda

A G E N D A CITY OF POCATELLO REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2013 - 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 Jim Jones, Blazing Grace Church. REGULAR CITY COUNCIL MEETING 2 NOVEMBER 7, 2013 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 October 10, 2013 Study Session and the October 29, 2013 Executive Session. (b) PAYROLL AND MATERIAL CLAIMS: Council may wish to consider payroll and material claims for the month of October 2013. (c) AIRPORT COMMISSION REAPPOINTMENTS: Council may wish to confirm the Mayor’s reappointments of Roland Smith and Dwayne Sudweeks to continue their service as members of the Airport Commission. Both terms will begin November 20, 2013 and will expire November 20, 2015. (d) FORT HALL REPLICA COMMISSION APPOINTMENT: Council may wish to confirm the Mayor’s appointment of Vernon Preston to serve as a member of the Fort Hall Replica Commission, filling a long-term vacancy. Mr. Preston’s term will begin November 8, 2013 and will expire November 8, 2017. (e) HEARING EXAMINER APPOINTMENT: Council may wish to confirm the Mayor’s appointment of Susan Lorenz to serve as a Hearing Examiner. Ms. Lorenz’s term will begin November 8, 2013 and is non-expiring. (f) HISTORIC PRESERVATION COMMISSION APPOINTMENT: Council may wish to confirm the Mayor’s appointment of Jacquee Alvord to serve as a member of the Historic Preservation Commission, replacing Brett Hyde who resigned. Ms. Alvord’s term will begin November 8, 2013 and will expire August 21, 2015. (g) SISTER CITIES COMMITTEE REAPPOINTMENT (JAPANESE SUBCOMMITTEE): Council may wish to confirm the Mayor’s reappointment of Sanae Wood to continue her service as a member of the Japanese Sister Cities Subcommittee. Ms. Wood’s term will begin November 18, 2013 and will expire November 18, 2017. (h) SISTER CITIES COMMITTEE APPOINTMENT (AFRICAN SUBCOMMITTEE): Council may wish to confirm the Mayor’s appointment of Jesse Kiboko to serve as a member of the African Sister Cities Subcommittee, filling a long-term vacancy. Mr. Kiboko’s term will begin November 8, 2013 and will expire November 8, 2017. REGULAR CITY COUNCIL MEETING 3 NOVEMBER 7, 2013 (i) RATIFICATION-DONATIVE TRANSFER FIRE DEPARTMENT VEHICLE: Council may wish to ratify the donative transfer of a 1992 Ford CB Truck from the Fire Department to West End Fire Protection District of Paul, Idaho. This transaction is a trade and in return the City of Pocatello has accepted possession of a 2007 BME Spartan Model 1986 Multi-stage Truck from the Bureau of Homeland Security. (j) COUNCIL DECISION-OVERTURN HPC DENIAL REGARDING WINDOWS AT STATION SQUARE: Council may wish to adopt its decision to overturn the Historic Preservation Commission’s (HPC) decision to deny the issuance of a Certificate of Appropriateness which would provide for the replacement of wood windows with colored vinyl clad windows for Station Square (the upper floor only), a/k/a the Fargo Building, located at 200 South Main Street. (k) APPEAL OF DAY CARE LICENSE DENIAL-REBEKAH CHANDLER: Council may wish to consider an appeal by Rebekah Chandler who was denied the renewal of her Day Care License. Police Staff denied the renewal based upon an incident that occurred on January 23, 2013. 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 REGULAR CITY COUNCIL MEETING 4 NOVEMBER 7, 2013 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.) PUBLIC HEARINGS: The procedure that will be used for conducting the public hearings is at the end of the agenda. AGENDA ITEM NO. 7: PUBLIC HEARING-VACATION OF RIGHT OF WAY ON BENGAL VIEW DRIVE: This time has been set aside to receive comments from the public regarding a request from Jared Ratliff, representing IDG Parkside, Inc. (mailing address: 3960 South 2nd Avenue, Pocatello ID 83201) and Rocky Mountain Engineering and Surveying (mailing address: 2043 East Center Street, Pocatello ID 83201) to vacate and abandon the public’s interest in a portion of the right-of-way on the west end of Bengal View Drive (east of South 2nd Avenue and north of Fredregill Road). (Pertinent information attached.) AGENDA ITEM NO. 8: EQUIPMENT BID/LEASE-WATER DEPARTMENT: Council may wish to consider the recommendations of staff and award a bid for two (2) backhoe/loader combinations to Western States Equipment who submitted the low bid for a five-year lease with annual payments of $13,952.52. The total purchase price is $69,762.60. If approved, Council may also wish to authorize the Mayor’s signature on the lease, subject to Legal Department review. Funding for this equipment is budgeted within the Water Department’s Fiscal Year 2014 budget. REGULAR CITY COUNCIL MEETING 5 NOVEMBER 7, 2013 (Pertinent information attached.) AGENDA ITEM NO. 9: B.I.D. MANAGEMENT AGREEMENT: Council may wish to approve, subject to Legal Department review, a renewal of the management agreement with Old Town Pocatello to administer and manage the operations of the Business Improvement District (B.I.D.). Council may also wish to acknowledge that they have reviewed the employment agreement of Stephanie Palagi with Old Town Pocatello as provided for in the management agreement. (Pertinent information attached.) AGENDA ITEM NO. 10: AGREEMENT-MERCER HEALTH AND BENEFITS CONSULTING SERVICES: Council may wish to approve the renewal of an agreement with Mercer Health and Benefits to provide benefits consulting services for the coming fiscal year at a cost of $20,000.00 (Pertinent information attached.) AGENDA ITEM NO. 11: RESOLUTION-POCATELLO REGIONAL TRANSIT AFFIRMATIVE ACTION PLAN FOR FISCAL YEAR 2014: Council may wish to adopt a resolution approving the annual revision of the Affirmative Action Plan for Pocatello Regional Transit. The Plan includes accomplishments, goals and timetables for implementation of the Plan. (Pertinent information attached.) REGULAR CITY COUNCIL MEETING 6 NOVEMBER 7, 2013 AGENDA ITEM NO. 12: PROFESSIONAL SERVICES AGREEMENT-BENTON STREET BRIDGE REHABILITATION: Council may wish to consider a Professional Services Agreement with CH2M Hill to provide design services for the rehabilitation of the Benton Street Bridge. The City’s portion for the design work is $35,014.00 which is 7.34% of the total cost. This construction project is scheduled for 2016. (Pertinent information attached.) 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. 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. REGULAR CITY COUNCIL MEETING 7 NOVEMBER 7, 2013 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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