City Council
Regular MeetingPocatello, ID · February 6, 2014
Minutes
CITY OF POCATELLO, IDAHO
CITY COUNCIL AGENDA
CLARIFICATION MEETING AND
REGULAR CITY COUNCIL MEETING
FEBRUARY 6, 2014
CLARIFICATION The City Council Agenda Clarification
MEETING Meeting was called to order at 5:32 p.m. by
Mayor Brian Blad. Council members present
were Craig Cooper, Jim Johnston, Gary Moore, Eva Johnson Nye and
Michael L. Orr. Council member Steve Brown was 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 Craig Cooper,
ALLEGIANCE Jim Johnston, Gary Moore, Eva Johnson Nye
and Michael L. Orr. Council member Steve
Brown was excused.
Mayor Blad led the audience in the pledge of allegiance.
AGENDA ITEM NO. 2: The invocation was offered by Scott
INVOCATION Sampson of Rocky Mountain Ministries.
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 January 9, 2014
Study Session; January 16, 2014 Executive Session; and the
Clarification and Regular Council meeting of January 16, 2014.
-PAYROLL AND (b) Payroll and materials claims for the month
MATERIALS CLAIMS of January 2014 in the amount of
$7,785,071.83.
-ANIMAL SHELTER (c) Confirm the Mayor’s reappointments of Eileen
ADVISORY BOARD Jackson and Mary Johnson to continue their
REAPPOINTMENTS service as members of the Animal Shelter
Advisory Board. Both terms will begin
February 8, 2014 and will expire February 8, 2016.
-CHILD CARE (d) Confirm the Mayor’s appointment of Terry
ADVISORY COMMITTEE Rash to serve as a member of the Child Care
APPOINTMENT Advisory Committee, replacing Analyn Frasure
whose term expired. Ms. Rash’s term will
begin February 7, 2014 and will expire February 7, 2018.
REGULAR CITY COUNCIL MEETING 2
FEBRUARY 6, 2014
-COUNCIL DECISION (e) Adopt the Council’s Decision to grant an
FROHMOTH TAXI appeal by Sherry Leigh Frohmuth regarding
LICENSE APPEAL the Pocatello Police Department’s decision
to deny her the issuance of a taxi license.
Council granted the issuance of a taxi license to Ms. Frohmuth,
subject to conditions.
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, Cooper, Nye and Orr.
Mayor Blad recognized boy scouts and cub scouts from Troop Nos.
369, 176, 306, 323 and 351.
AGENDA ITEM NO. 4: Mrs. Nye, on behalf of Mayor Blad,
COMMUNICATIONS AND proclaimed February 8, 2014 to be “Project
PROCLAMATIONS Linus ‘Make a Blanket’ Day” in Pocatello and
encouraged citizens to join the efforts to
make blankets and afghans for children in the Pocatello area.
Joyce Weaver, Southeast Idaho Chapter of Project Linus, accepted
the proclamation and thanked the Council for the proclamation. She
invited citizens of all skill levels to make blankets and become
involved with the local chapter of Project Linus to make a
difference in a child’s life.
AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the
CALENDAR February 13th Study Session at 9:00 a.m. and
REVIEW the February 20th Regular Council meeting at
6:00 p.m.
Mayor Blad announced that a “Geek Grudge” special event sponsored
by Marshall Public library would be held at CoHo at 2:30 p.m. on
February 8th; the Simplot Games would be held at Holt Arena February
13th through February 15th; a Town Hall meeting would be held on
February 13th at 6:00 p.m. in the City Council Chambers; and City
offices would be closed on February 17th in observance of
President’s Day. However, garbage and recycling pick-up schedules
would remain on schedule.
AGENDA ITEM NO. 6: Niki Taysom, 4604 Burley Drive, Chubbuck,
DISCUSSION ITEMS spoke regarding her support of the
FROM THE AUDIENCE United States Constitution.
AGENDA ITEM NO. 7: This time was set aside for the Council to
PUBLIC HEARING receive comments from the public regarding
–ZONING ORDINANCE proposed changes to the Zoning Ordinance as
HEARING discussed at the January 9, 2014 Study
Session. The changes are to clarify and/or
REGULAR CITY COUNCIL MEETING 3
FEBRUARY 6, 2014
update certain ordinance sections specifically, Municipal Code
Sections 17.02.170, 17.02.180, 17.03.220, 17.03.230 and 17.03.240.
A previous public hearing was held before the Pocatello Planning
and Zoning Commission and they recommended approval of the proposed
changes.
Dave Foster, Associate Planner, gave an overview of the proposed
changes to the Zoning Ordinance. He stated the Planning and Zoning
Commission recommended approval of the proposed changes. Mr.
Foster stated the recommended changes applied mainly to the areas
of variance issues, map clarifications, community recreation
facilities and golf courses, and changes to impervious surface
requirements. He shared the issues staff has observed regarding
the residential portion of the current code. Because many uses do
not require a building permit, when violations do occur, they are
very difficult to enforce. Mr. Foster noted although the
percentage for permeable areas has changed, setback requirements
are still in place.
In response to a question from Council, Mr. Foster stated that
permeable concrete, asphalt and pavers are now available to allow a
high degree of water flow and still maintain structural integrity.
He added that the goal is to maintain water on a property, reducing
the impact of water flow to other properties.
Mayor Blad announced no correspondence had been received.
Niki Taysom, 4604 Burley Drive, Chubbuck, spoke in opposition to
the proposed changes and stated she feels there are already enough
exceptions when it comes to land use in residential zones.
Heather Disselkoehn, 635 Gary Street, spoke in opposition to the
proposed changes and stated she feels the limits for impervious
surfaces should not be deleted from the zoning code and supports
enhanced requirements to ensure proper drainage.
In response to questions from Council, Mr. Foster stated that many
code enforcement issues are proactive, but most are complaint-
driven. He added there are many homeowner projects such as
constructing accessory structures under 200 square feet that do not
require a building permit. However, these projects must still meet
required setbacks.
There being no further public comments, Mayor Blad closed the
public hearing and announced an ordinance would be brought before
the Council at a later date.
AGENDA ITEM NO. 8: Council was asked to adopt ballot language
REGULAR CITY COUNCIL MEETING 4
FEBRUARY 6, 2014
BALLOT LANGUAGE to be used for a Referendum Vote during the
–REFERENDUM VOTE May 20, 2014 City Election regarding
Ordinance 2921 which prohibits
discrimination against a person in the areas of housing, employment
and public accommodations, based upon that person’s sexual
orientation and gender/identity expression.
A motion was made by Mrs. Nye, seconded by Mr. Moore, to adopt
ballot language to be used for a Referendum Vote during the May 20,
2014 City Election regarding Ordinance 2921 which prohibits
discrimination against a person in the areas of housing, employment
and public accommodations, based upon that person’s sexual
orientation and gender/identity expression. Upon roll call, those
voting in favor were Nye, Moore, Cooper, Johnston and Orr.
AGENDA ITEM NO. 9: Council was asked to approve, and authorize
ENGINEERING SERVICES the Mayor to sign, a Water Pollution Control
CONTRACT-WPC (WPC) Improvements Engineering Services
Contract with HDR, Inc., in the amount of
$1,990,142.00 to provide design services for upgrades at the WPC
plant to meet total phosphorus limit requirements in the NPDES
permit. The design must be completed by December 31, 2014 to meet
the compliance schedule in the NPDES permit.
A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve
and authorize the Mayor to sign, a Water Pollution Control
Improvements Engineering Services Contract with HDR, Inc., in the
amount of $1,990,142.00 to provide design services for upgrades at
the WPC plant to meet total phosphorus limit requirements in the
NPDES permit.
Mr. Orr stated he feels the current proposal lacks fine detail and
appropriate benchmarks.
Mr. Moore’s motion was voted upon at this time. Upon roll call,
those voting in favor were Moore, Nye and Johnston. Cooper and Orr
voted in opposition to the motion. The motion passed.
AGENDA ITEM NO. 10: Council was asked to authorize the execution
PROFESSIONAL of a Professional Service Agreement with
SERVICE AGREEMENT Raftelis Financial Consulting, Inc., for the
–RAFTELIS FINANCIAL preparation of a current rate study for an
CONSULTING, INC. amount not to exceed $89,600.00. The
services provided will be a five-year rate
study to revise and update the previous study and will include
rates for Water, Water Pollution Control and Sanitation services.
Costs for the study will be equally shared among the three utility
departments.
REGULAR CITY COUNCIL MEETING 5
FEBRUARY 6, 2014
A motion was made by Mrs. Nye, seconded by Mr. Cooper, to authorize
the execution of a Professional Service Agreement with Raftelis
Financial Consulting, Inc., for the preparation of a rate study for
an amount not to exceed $89,600.00 and that the services provided
will be a five-year rate study to revise and update the previous
study and will include rates for Water, Water Pollution Control and
Sanitation services and that the costs for the study will be
equally shared among the three utility departments. Upon roll
call, those voting in favor were Nye, Cooper, Johnston, Moore and
Orr.
AGENDA ITEM NO. 11: Council was asked to ratify a Lease
RATIFICATION Agreement with JH Kelly, LLC, a Washington
–LEASE AGREEMENT Limited Liability Company. JH Kelly was the
WITH JH KELLY, LLC successful bidder in the Hoku Bankruptcy
auction. This Lease Agreement is for a term
of three (3) years. The amount of rent is contingent upon what JH
Kelly is able to do with the property.
A motion was made by Mr. Moore, seconded by Mr. Cooper, to ratify a
Lease Agreement with JH Kelly, LLC, for a term of three (3) years,
with the amount of rent contingent upon the use of the property.
Upon roll call, those voting in favor were Moore, Cooper, Johnston,
Nye and Orr.
There being no further business, Mayor Blad adjourned the meeting
at 6:53 p.m.
APPROVED:
BRIAN C. BLAD, MAYOR
ATTEST:
RUTH E. WHITWORTH, CMC, CITY CLERK
PREPARED BY:
REGULAR CITY COUNCIL MEETING 6
FEBRUARY 6, 2014
KONNI R. KENDELL, DEPUTY CLERK
Agenda
A G E N D A
CITY OF POCATELLO
REGULAR CITY COUNCIL MEETING
FEBRUARY 6, 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 Scott Sampson, Rocky
Mountain Ministries.
REGULAR CITY COUNCIL MEETING 2
FEBRUARY 6, 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 January 9,
2014 Study Session; January 16, 2014 Executive Session;
and the Clarification and Regular Council meeting of
January 16, 2014.
(b) PAYROLL AND MATERIAL CLAIMS: Council may wish to consider
payroll and material claims for the month of January
2014.
(c) ANIMAL SHELTER ADVISORY BOARD REAPPOINTMENTS: Council may
wish to confirm the Mayor’s reappointments of Eileen
Jackson and Mary Johnson to continue their service as
members of the Animal Shelter Advisory Board. Both terms
will begin February 8, 2014 and will expire February 8,
2016.
(d) CHILD CARE ADVISORY COMMITTEE APPOINTMENT: Council may
wish to confirm the Mayor’s appointment of Terri Rash to
serve as a member of the Child Care Advisory Committee,
replacing Analyn Frasure whose term expired. Ms. Rash’s
term will begin February 7, 2014 and will expire February
7, 2018.
(e) COUNCIL DECISION-FROHMUTH TAXI LICENSE APPEAL: Council
may wish to adopt its Decision to grant an Appeal by
Sherry Leigh Frohmuth regarding the Pocatello Police
Department’s Decision to deny her the issuance of a Taxi
License. Council granted the issuance of a Taxi License
to Ms. Frohmuth subject to conditions.
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.
REGULAR CITY COUNCIL MEETING 3
FEBRUARY 6, 2014
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.)
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-ZONING ORDINANCE REVISION:
This time has been set aside for the
Council to receive comments from the
public regarding proposed changes to the
Zoning Ordinance as discussed at the
January 9, 2014 Study Session. The
changes are to clarify and/or update
certain ordinance sections specifically,
Municipal Code Sections 17.02.170,
17.02.180, 17.03.220, 17.03.230 and
17.03.240.
A previous public hearing was held before
the Pocatello Planning and Zoning
Commission and they recommended approval
of the proposed changes.
(Pertinent information attached.)
REGULAR CITY COUNCIL MEETING 4
FEBRUARY 6, 2014
AGENDA ITEM NO. 8: BALLOT LANGUAGE-REFERENDUM VOTE:
Council may wish to adopt ballot language
to be used for a Referendum Vote during
the May 20, 2014 City Election regarding
Ordinance 2921 which prohibits
discrimination against a person in the
areas of housing, employment and public
accommodations, based upon that person’s
sexual orientation and gender/identity
expression.
(Pertinent information attached.)
AGENDA ITEM NO. 9: ENGINEERING SERVICES CONTRACT-WPC:
Council may wish to approve, and
authorize the Mayor to sign, a Water
Pollution Control (WPC) Improvements
Engineering Services Contract with HDR,
Inc. in the amount of $2,083,365.00 to
provide design services for upgrades at
the WPC plant to meet total phosphorus
limit requirements in the NPDES permit.
The design must be completed by December
31, 2014 to meet the compliance schedule
in the NPDES permit.
(Pertinent information attached.)
AGENDA ITEM NO. 10: PROFESSIONAL SERVICE AGREEMENT-RAFTELIS
FINANCIAL CONSULTING, INC.: Council may
wish to authorize the execution of a
Professional Service Agreement with
Raftelis Financial Consulting, Inc., for
the preparation of a current rate study
for an amount not to exceed $89,600.00.
The services provided will be a five-year
rate study to revise and update the
previous study and will include rates for
Water, Water Pollution Control and
Sanitation services. Costs for the study
will be equally shared among the three
utility departments.
(Pertinent information attached.)
REGULAR CITY COUNCIL MEETING 5
FEBRUARY 6, 2014
AGENDA ITEM NO. 11: RATIFICATION-LEASE AGREEMENT WITH JH
KELLY, LLC: Council may wish to ratify a
Lease Agreement with JH Kelly, LLC, a
Washington Limited Liability Company. JH
Kelly was the successful bidder in the
Hoku Bankruptcy auction. This Lease
Agreement is for a term of three (3)
years. The amount of rent is contingent
upon what JH Kelly is able to do with the
property.
(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 6
FEBRUARY 6, 2014
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.
Get email alerts for Pocatello
A daily email when new agendas and minutes are posted.