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City Council

Regular Meeting

Pocatello, ID · January 16, 2014

AgendaMinutes

Minutes

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING JANUARY 16, 2014 CLARIFICATION The City Council Agenda Clarification MEETING Meeting was called to order at 5:42 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 ROLL CALL AND to order at 6:03 p.m. by Mayor Brian Blad. PLEDGE OF Council members present were Steve Brown, ALLEGIANCE Craig Cooper, Jim Johnston, Gary Moore, Eva Johnson Nye and Michael L. Orr. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was offered by Pastor Karl INVOCATION Pettit, First Baptist Church. 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 Clarification and Regular Council meetings of January 2, 2014. -TREASURER’S (b) Treasurer’s Report for December, showing REPORT cash and investments as of December 31, 2013 in the amount of $23,553,477.89. -AIRPORT (c) Confirm the Mayor’s reappointment of Dawn COMMISSION Sparrow-Clark to continue her service as a REAPPOINTMENT member of the Airport Commission. Ms. Sparrow-Clark’s term will begin February 5, 2014 and will expire February 5, 2016. -FRIENDS OF THE (d) Confirm the Mayor’s reappointment of Craig CEMETERY COMMITTEE Barnes to continue his service as a member of REAPPOINTMENT the Friends of the Cemetery Committee. Mr. Barnes’ term will begin February 4, 2014 and will expire February 4, 2016. REGULAR CITY COUNCIL MEETING 2 JANUARY 16, 2014 -RESOLUTION (e) Council was asked to adopt a resolution SUPPORTING DRUG- (2014-01) declaring a Drug-Free Idaho in FREE IDAHO conjunction with the Association of Idaho CAMPAIGN Cities Campaign to end substance abuse and addiction in Pocatello and in Idaho. -RENEWAL OF (f) Council was asked to authorize the Mayor to LEASE AGREEMENT sign a lease agreement with Chester’s Eagle –POLICE MOTORCYCLE Rock Harley Davidson to lease a 2007 Harley Davidson Police motorcycle for $150.00 per month. This is the renewal of a previous lease and the term of the lease is for two years beginning February 1, 2014. Cost of the lease is included in the Police Department budget. -COUNCIL DECISION (g) Adopt the Council’s decision forgiving 80% PNHS DEEDS OF ($79,563.00) of the amounts for which the TRUST FORGIVENESS City would receive deeds of trust from the first owners of new infill homes constructed by PNHS for the City CDBG Program years of 2013 and 2014. 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. AGENDA ITEM NO. 4: Mayor Blad recognized Boy Scouts from COMMUNICATIONS AND Troop No. 340 and Troop No. 101 in the PROCLAMATIONS audience. Mr. Johnston, on behalf of Mayor Blad, proclaimed January 19 through January 25, 2014 to be Martin Luther King, Jr. Week in Pocatello and encouraged residents to commemorate and participate in activities in remembrance of Dr. King’s leadership. Dr. Bobbie Branch, Chairperson for the local NAACP Chapter, accepted the proclamation and thanked the Mayor and Council for recognizing Martin Luther King, Jr. Week. Dr. Branch invited citizens to become involved with the local NAACP chapter and announced upcoming NAACP Pocatello chapter activities. AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the CALENDAR REVIEW February 6th Regular Council meeting at 6:00 p.m. and the February 13th Study Session at 9:00 a.m. Mayor Blad announced that registration is now open for Japanese youth karate classes at the Community Recreation Center. Contact the Recreation Center for more information; City offices would be closed Monday, January 20th in observance of Martin Luther King, Jr. Day. However, garbage and recycling pick-ups will be on schedule. REGULAR CITY COUNCIL MEETING 3 JANUARY 16, 2014 Community Recreation Center will be open 9:00 a.m. to 5:00 p.m. on January 20th, however, all Monday classes will be cancelled. AGENDA ITEM NO. 6: Niki Taysom, 4604 Burley Drive, Chubbuck, DISCUSSION ITEMS shared her concerns regarding billboard FROM THE AUDIENCE advertisements displayed throughout the city. Jacob McCallum, 306 Lawton Street, #2, spoke in support of a smoke free workplace ordinance. He is an employee of the Chalk Horse, a smoke free bar, and feels he would not have been able to be employed there if smoking was allowed in the establishment, as he avoids businesses that allow smoking. Kelley Benningfield, 624 West Cedar Street, shared his concerns regarding possible fees imposed upon Idaho State University. William Lowe, 958 East Carter, spoke in support of the “Smoke Free Idaho” campaign. He feels smoke free establishments are more enjoyable than those which allow patrons to smoke. AGENDA ITEM NO. 7: Sherry Frohmuth was present to appeal the TAXI LICENSE DENIAL decision of Police Department staff which APPEAL-FROHMUTH denied Ms. Frohmuth a taxi license. Lieutenant Paul Manning, Police Department, stated Ms. Frohmuth’s application for a taxi license was denied based upon the City Code which states the applicant’s background must be free of felony and drug-related crimes. He added that Ms. Frohmuth’s most recent record of criminal charges was in 2011. Mr. Manning stated Ms. Frohmuth has expressed a strong desire to obtain her taxi license and has indicated she has turned her life around. Sherry Frohmuth, taxi license applicant, stated she has lived in Pocatello for eight years and during that time, has established a successful cleaning business. She added that due to changes in the economy and her clientele, the cleaning business has slowed down considerably, and she would like to obtain her taxi cab license in order to obtain employment. Ms. Frohmuth stated she has been drug free for ten years and has been alcohol free for nearly two years. In response to questions from Council, Ms. Frohmuth indicated that she successfully completed a year of probation and submitted verification of a recent clean drug/alcohol test. She stated she is interested in obtaining a position with Bannock Transportation, transporting individuals to and from appointments and personal errands. Ms. Frohmuth stated that a drug test was required by Bannock Transportation before being considered for employment. She stated she has children and grandchildren who live in the area, and have become a great support system for her. Ms. Frohmuth indicated she attends Alcoholics Anonymous (AA) meetings with friends, as REGULAR CITY COUNCIL MEETING 4 JANUARY 16, 2014 time allows. In response to a question by Mr. Brown, Ms. Frohmuth indicated she would be willing to submit results of her drug tests for a year as a condition of her license. 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 Sherry Fromuth with the condition that the Council be allowed access to at least one (1) of Ms. Fromuth’s drug test results as imposed by her employer for a period of twelve (12) months. Upon roll call, those voting in favor were Moore, Brown, Cooper, Johnston, Nye and Orr. AGENDA ITEM NO. 8: Council was asked to accept the DECLARATION OF recommendations from staff and declare a 1989 SURPLUS EQUIPMENT Caterpillar 140G motor grader as surplus and AND SALE OF 1989 authorize sale of the grader to Honnen MOTOR GRADER-STREET Equipment Company in the amount of $60,500.00. This surplus motor grader is the result of a piggy-back purchase of a new motor grader approved by Council on January 2, 2014. A motion was made by Mrs. Nye, seconded by Mr. Johnston, to accept the recommendations from staff and declare a 1989 Caterpillar 140G motor grader as surplus and authorize sale of the grader to Honnen Equipment Company in the amount of $60,500.00. Upon roll call, those voting in favor were Nye, Johnston, Brown, Cooper, Moore and Orr. AGENDA ITEM NO. 9: Council was asked to authorize the Pocatello GRANT APPLICATION Arts Council to apply for an Idaho Commission –POCATELLO ARTS of the Arts Grant in the amount of $7,000.00 COUNCIL STONE to host a Stone Symposium entitled Pocatello SYMPOSIUM Rocks! as part of an educational project and creation of stone benches for the community, and if awarded, authorize the Mayor’s signature, subject to Legal Department review, on documents related to the grant. No City match is required. A motion was made by Mrs. Nye, seconded by Mr. Orr, to authorize the Pocatello Arts Council to apply for an Idaho Commission of the Arts Grant in the amount of $7,000.00 to host a Stone Symposium entitled Pocatello Rocks! as part of an educational project and creation of stone benches for the community, and if awarded, authorize the Mayor’s signature, subject to Legal Department review, on documents related to the grant. Frank Hartlieb and Diana Livingston Friedley, Pocatello Arts Council members, gave an overview of the proposed project and REGULAR CITY COUNCIL MEETING 5 JANUARY 16, 2014 planned symposium. Ms. Friedley stated the artistic benches would be made of travertine and would be designed by sculptors and artists throughout Idaho and surrounding states. Mr. Hartlieb stated it has not yet been determined where each of the five benches will be placed within the city. Mrs. Nye’s motion was voted upon at this time. Upon roll call, those voting in favor were Nye, Orr, Brown, Cooper, Johnston and Moore. AGENDA ITEM NO. 10: Council was asked to approve submission of a GRANT APPLICATION grant to the Idaho Department of Parks and –EDSON FICHTER Recreation in the amount of $19,500.00 and, BATHROOM FACILITY if awarded, authorize acceptance of the grant and authorize the Mayor’s signature, subject to Legal Department review, documents related to the grant. Grant funds will be used toward constructing a permanent bathroom facility at the Edson Fichter Nature area. Matching funds for the balance of the bathroom cost will come from funding already set aside for the Edson Fichter parking lot, and potentially from federal dollars through Idaho Fish and Game. A motion was made by Mr. Cooper, seconded by Mr. Moore, to approve submission of a grant to the Idaho Department of Parks and Recreation in the amount of $19,500.00 and, if awarded, authorize acceptance of the grant and authorize the Mayor’s signature, subject to Legal Department review, documents related to the grant with funds to be used toward constructing a permanent bathroom facility at the Edson Fichter Nature area. Upon roll call, those voting in favor were Cooper, Moore, Brown, Johnston, Nye and Orr. AGENDA ITEM NO. 11: Council was asked to adopt a resolution and RESOLUTION AND approve a Cooperative Agreement with Idaho COOPERATIVE Transportation Department (ITD), subject to AGREEMENT-ITD ADA Legal Department review, to upgrade five (5) CURB RAMP UPGRADES curb ramps located near City Hall to ADA standards. The City received a grant in the amount of $27,634.00 for the upgrades. In response to a question from Council, Marla Vik, Project Engineer, stated the project included the addition of nearly 150 feet of sidewalk and installation of ADA accessible ramps. She added that the program is overseen by the Idaho Transportation Department (ITD) and upgrade areas chosen were limited to the ITD corridor. Ms. Vik stated that ADA ramps are part of a federal mandate and citizen input was important in choosing which intersections to upgrade. REGULAR CITY COUNCIL MEETING 6 JANUARY 16, 2014 A motion was made by Mr. Moore, seconded by Mr. Johnston, to adopt a resolution (2014-02) and approve a Cooperative Agreement with Idaho Transportation Department, subject to Legal Department review, to upgrade five (5) curb ramps located near City Hall to ADA standards. Upon roll call, those voting in favor were Moore, Johnston, Brown, Cooper, Nye and Orr. AGENDA ITEM NO. 12: Council was asked to adopt a resolution RESOLUTION-REDUCTIONS authorizing the Mayor to implement Fiscal TO FISCAL YEAR Year 2014 budget reductions as discussed 2014 BUDGET during the Study Session of January 9, 2014. Due to a recent Court Decision, the City has ceased the collection of a payment in lieu of taxes (PILOT) which has heretofore been calculated in the City’s sewer, water and sanitation user fees, which requires the City to reduce department and fund budgets by approximately 2%. A motion was made by Mr. Moore, seconded by Mr. Cooper, to adopt a resolution (2014-03) authorizing the Mayor to implement Fiscal Year 2014 budget reductions as discussed during the Study Session of January 9, 2014. Upon roll call, those voting in favor were Moore, Cooper, Brown, Johnston, Nye and Orr. AGENDA ITEM NO. 13: Council was asked to consider entering into a FITNESS FACILITY Fitness Facility Services Agreement with SERVICES AGREEMENT American Specialty Health Fitness, Inc., -COMMUNITY RECREATION which would allow the Community Recreation CENTER Center (CRC) to accept senior participants from Blue Cross of Idaho Silver & Fit Program. This agreement provides for a reimbursement plan which compensates the City for Silver & Fit memberships for seniors who opt to have medical insurance with companies that provide this option. CRC will be reimbursed $3.00 per visit up to ten (10) visits per month (value $30.00). Currently a senior membership is $21.00 per month and the daily admission fee a senior pays is $3.00. Therefore, no loss of revenue is anticipated by approving the plan. A motion was made by Mrs. Nye, seconded by Mr. Brown, to approve entering into a Fitness Facility Services Agreement with American Specialty Health Fitness, Inc., to allow the Community Recreation Center to accept senior participants from Blue Cross of Idaho Silver & Fit Program and that the reimbursement plan would compensate the City $3.00 per visit up to ten (10) visits per month. Upon roll call, those voting in favor were Nye, Brown, Cooper, Johnston, Moore and Orr. AGENDA ITEM NO. 14: Council was asked to approve, subject to REGULAR CITY COUNCIL MEETING 7 JANUARY 16, 2014 SOUTHCOAST TRAINING Legal Department review, a Paramedic Field PARAMEDIC FIELD Site Affiliation Agreement with SouthCoast SITE AFFILIATION Training as recommended by Fire staff. This AGREEMENT-FIRE agreement will enable local area agencies’ paramedic students to complete their field internship with the Pocatello Fire Department. This agreement establishes the expectation and requirements of all parties and there will be no cost to the City. A motion was made by Mr. Johnston, seconded by Mr. Orr, to approve, subject to Legal Department review, a Paramedic Field Site Affiliation Agreement with SouthCoast Training as recommended by Fire staff and that there will be no cost to the City. Upon roll call, those voting in favor were Johnston, Orr, Brown, Cooper, Moore and Nye. There being no further business, Mayor Blad adjourned the meeting at 6:57 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH 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 JANUARY 16, 2014 - 6:00 PM COUNCIL CHAMBERS 911 NORTH 7TH AVENUE Any citizen who wishes to address the Council shall first be recognized by the Mayor, and shall then give his/her name and address for the record. If a citizen wishes to read documentation of any sort to the Council, he/she shall first seek permission from the Mayor. A three (3) minute time limitation is requested for Council presentations. City Hall and the City Council Chambers are accessible to persons with disabilities. Interpreters for persons with hearing impairments and/or taped information for persons with visual impairments can be provided upon three days’ notice. For accessibility arrangements, please contact Dave Hunt, ADA Coordinator, at Voice Phone: 208-234-6248; TTY: 208-232-5071; Fax: 208-233-5149; E-mail: dhunt@pocatello.us; Mailing Address: P.O. Box 4169, Pocatello, Idaho 83205-4169; Physical Address: 215 West Bonneville, Pocatello, Idaho. The purpose of the agenda is to assist the Council and interested citizens in the conduct of this public meeting. Citizens should examine the agenda for the item of their interest. However, citizens are advised that while some agenda items allow for public comment during discussion/consideration not every item does. If the matter the citizen wishes to discuss is not listed on the formal agenda, an opportunity to be heard by the Council is the agenda item described as "DISCUSSION ITEMS." Total time allotted for this item is fifteen (15) minutes, with a maximum of three (3) minutes per speaker. You must sign in at the start of the meeting. AGENDA CLARIFICATION MEETING: A meeting will be held at 5:30 p.m. in the Paradice Conference Room at City Hall, prior to the regular meeting for clarification of the agenda. RECESS: In the event the meeting is still in progress at 7:30 p.m., the Mayor may call a ten-minute recess to allow Council members and participants a brief rest period. AGENDA ITEM NO. 1: ROLL CALL AND PLEDGE OF ALLEGIANCE. AGENDA ITEM NO. 2: INVOCATION: The invocation will be offered by Pastor Karl Petit, First Baptist Church. REGULAR CITY COUNCIL MEETING 2 JANUARY 16, 2014 AGENDA ITEM NO. 3: CONSENT AGENDA: The following business items may be approved by one motion and a vote. If any one member of the Council so desires, any matter listed can be moved to a separate agenda item. (a) MINUTES: Council may wish to waive the oral reading of the minutes and approve the minutes from the Clarification meeting and Regular Council meeting of January 2, 2014. (b) TREASURER’S REPORT: Council may wish to consider the Treasurer’s Report for December, showing cash and investments as of December 31, 2013. (c) AIRPORT COMMISSION REAPPOINTMENT: Council may wish to confirm the Mayor’s reappointment of Dawn Sparrow-Clark to continue her service as a member of the Airport Commission. Ms. Sparrow-Clark’s term will begin February 5, 2014 and will expire February 5, 2016. (d) FRIENDS OF THE CEMETERY COMMITTEE REAPPOINTMENT: Council may wish to confirm the Mayor’s reappointment of Craig Barnes to continue his service as a member of the Friends of the Cemetery Committee. Mr. Barnes’ term will begin February 4, 2014 and will expire February 4, 2016. (e) RESOLUTION SUPPORTING DRUG-FREE IDAHO CAMPAIGN: Council may wish to adopt a resolution declaring a Drug-Free Idaho in conjunction with the Association of Idaho Cities Campaign to end substance abuse and addiction in Pocatello and in Idaho. (f) RENEWAL OF LEASE AGREEMENT-POLICE MOTORCYCLE: Council may wish to authorize the Mayor to sign a lease agreement with Chester’s Eagle Rock Harley Davidson to lease a 2007 Harley Davidson Police motorcycle for $150.00 per month. This is the renewal of a previous lease and the term of the lease is for two years beginning February 1, 2014. Cost of the lease is included in the Police Department budget. (g) COUNCIL DECISION-Council may wish to adopt its decision forgiving 80% ($79,563.00) of the amounts for which the City would receive deeds of trust from the first owners of new infill homes constructed by PNHS for the City CDBG Program years of 2013 and 2014. REGULAR CITY COUNCIL MEETING 3 JANUARY 16, 2014 AGENDA ITEM NO. 4: COMMUNICATIONS AND PROCLAMATIONS: AGENDA ITEM NO. 5: CALENDAR REVIEW: Council may wish to take this opportunity to inform other Council members of upcoming meetings and events that should be called to their attention. AGENDA ITEM NO. 6: DISCUSSION ITEMS: This time has been set aside to hear discussion items not listed on the agenda. Items which appear somewhere else on the agenda will not be discussed at this time. The Council is not allowed to take any official action at this meeting on matters brought forward under this agenda item. Items will either be referred to the appropriate staff or scheduled on a subsequent agenda. You must sign in at the start of the meeting in order to be recognized. (Note: Total time allotted for this item is fifteen (15) minutes, with a maximum of three (3) minutes per speaker.) AGENDA ITEM NO. 7: TAXI LICENSE DENIAL APPEAL-FROHMUTH: Sherry Frohmuth will be present to appeal the decision of Police Department staff which denied Ms. Frohmuth a taxi license. AGENDA ITEM NO. 8: DECLARATION OF SURPLUS EQUIPMENT AND SALE OF 1989 MOTOR GRADER-STREET: Council may wish to accept the recommendations from staff and declare a 1989 Caterpillar 140G motor grader as surplus and authorize sale of the grader to Honnen Equipment Company in the amount of $60,500.00. REGULAR CITY COUNCIL MEETING 4 JANUARY 16, 2014 This surplus motor grader is the result of a piggy-back purchase of a new motor grader approved by Council on January 2, 2014. (Pertinent information attached.) AGENDA ITEM NO. 9: GRANT APPLICATION-POCATELLO ARTS COUNCIL STONE SYMPOSIUM: Council may wish to authorize the Pocatello Arts Council to apply for an Idaho Commission Of The Arts Grant in the amount of $7,000.00 to host a Stone Symposium entitled Pocatello Rocks! as part of an educational project and creation of stone benches for the community, and if awarded, authorize the Mayor’s signature, subject to Legal Department review, on documents related to the grant. No City match is required. (Pertinent information attached.) AGENDA ITEM NO. 10: GRANT APPLICATION-EDSON FICHTER BATHROOM FACILITY: Council may wish to approve submission of a grant to the Idaho Department of Parks and Recreation in the amount of $19,500.00 and, if awarded, authorize acceptance of the grant and authorize the Mayor’s signature, subject to Legal Department review, documents related to the grant. Grant funds will be used toward constructing a permanent bathroom facility at the Edson Fichter Nature area. Matching funds for the balance of the bathroom cost will come from funding already set aside for the Edson Fichter parking lot, and potentially from federal dollars through Idaho Fish & Game. (Pertinent information attached.) REGULAR CITY COUNCIL MEETING 5 JANUARY 16, 2014 AGENDA ITEM NO. 11: RESOLUTION AND COOPERATIVE AGREEMENT-ITD ADA CURB RAMP UPGRADES: Council may wish to adopt a resolution and approve a Cooperative Agreement with Idaho Transportation Department (ITD), subject to Legal Department review, to upgrade five (5) curb ramps located near City Hall to ADA standards. The City received a grant in the amount of $27,634.00 for the upgrades. (Pertinent information attached.) AGENDA ITEM NO. 12: RESOLUTION-REDUCTIONS TO FISCAL YEAR 2014 BUDGET: Council may wish to adopt a resolution authorizing the Mayor to implement Fiscal Year 2014 budget reductions as discussed during the Study Session of January 9, 2014. Due to a recent Court Decision, the City has ceased the collection of a payment in lieu of taxes (PILOT) which has heretofore been calculated in the City’s sewer, water and sanitation user fees, which requires the City to reduce department and fund budgets by approximately 2%. (Pertinent information attached.) AGENDA ITEM NO. 13: FITNESS FACILITY SERVICES AGREEMENT- COMMUNITY RECREATION CENTER: Council may wish to consider entering into a Fitness Facility Services Agreement with American Specialty Health Fitness, Inc. which would allow the Community Recreation Center (CRC) to accept senior participants from Blue Cross of Idaho Silver & Fit Program. This agreement provides for a reimbursement plan which REGULAR CITY COUNCIL MEETING 6 JANUARY 16, 2014 compensates the City for Silver & Fit memberships for seniors who opt to have medical insurance with companies that provide this option. CRC will be reimbursed $3.00 per visit up to ten visits per month (value $30.00). Currently a senior membership is $21.00 per month and the daily admission fee a senior pays is $3.00. Therefore, no loss of revenue is anticipated by approving the plan. (Pertinent information attached.) AGENDA ITEM NO. 14: SOUTHCOAST TRAINING PARAMEDIC FIELD SITE AFFILIATION AGREEMENT-FIRE: Council may wish to approve, subject to Legal Department review, a Paramedic Field Site Affiliation Agreement with SouthCoast Training as recommended by Fire staff. This agreement will enable local area agencies’ paramedic students to complete their field internship with the Pocatello Fire Department. This agreement establishes the expectation and requirements of all parties and there will be no cost to the City. (Pertinent information attached.)

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