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City Council

Regular Meeting

Pocatello, ID · April 17, 2014

AgendaMinutes

Minutes

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING APRIL 17, 2014 CLARIFICATION The City Council Agenda Clarification MEETING Meeting was called to order at 5:34 p.m. by Mayor Brian Blad. Council members present were Steve Brown, Craig Cooper, Gary Moore, Eva Johnson Nye and Michael L. Orr. Council member Jim Johnston arrived at 5:52 p.m. 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 6:04 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: An invocation was offered by Ben LeBarge, INVOCATION Major, retired, representing the Salvation Army. 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 March 20, 2014 Service Level Report meeting; and the March 20, 2014 Clarification and Regular Council meeting. -TREASURER’S (b) Consider the Treasurer’s Report for March REPORT 2014 showing cash and investments as of March 31, 2014 in the amount of $28,500,742.39. -POCATELLO (c) Confirm the Mayor’s reappointments of Brian DEVELOPMENT Blad and Larry Fisher to continue their AUTHORITY BOARD service as members of the Pocatello REAPPOINTMENTS Development Authority Board. Both terms will begin May 1, 2014 and will expire May 1, 2018. REGULAR CITY COUNCIL MEETING 2 APRIL 17, 2014 -RESOLUTION (d) Adopt a resolution (2014-08) providing for AMENDING the destruction of temporary records DESTRUCTION OF pursuant to Idaho Code §50-907 and the RECORDS LIST City’s Record Policy. This replaces Resolution No. 2014-07 adopted on March 20, 2014. A date error was found on the previous list. 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 Troop COMMUNICATIONS AND No. 315 in the audience. PROCLAMATIONS Mrs. Nye, on behalf of Mayor Blad, proclaimed April 19, 2014 to be Portneuf Valley Community Environmental Fair Day in Pocatello and encouraged residents, businesses and institutions to support the Fair, and encouraged participation in programs and projects to help build a sustainable community. Mayor Blad presented the proclamation to Hannah Sanger, Science and City Environmental Division Manager. Ms. Sanger accepted the proclamation and thanked the Mayor and Council for their support of the Environmental Fair. She distributed informational flyers regarding the Environmental Fair to the Council members. Mr. Brown, on behalf of Mayor Blad, proclaimed April 25, 2014 to be Arbor Day in Pocatello and urged citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands. Paula Jones, Pocatello Tree Commission Chair, thanked the Mayor and City Council for their support. She distributed tree planting guides to the Council. Gary Bates, representative with Idaho Department of Lands Forestry Program, presented Mayor Blad with a “Tree City USA” flag in recognition of Pocatello’s 17th year as a Tree City. AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the CALENDAR REVIEW May 1st Budget meeting at 9:00 a.m. and Regular City Council meeting at 6:00 p.m.; and the May 8th Study Session at 9:00 a.m. followed by a Budget meeting. Mayor Blad announced the Portneuf Valley Environmental Fair would be held on April 19th at Optimist Park from 11:00 a.m. to 3:00 p.m.; citizens using any PRT fixed route or special service during the Environmental Fair hours will ride for free to and from Optimist REGULAR CITY COUNCIL MEETING 3 APRIL 17, 2014 Park; Medication Take-back Day would be held in conjunction with the Environmental Fair on April 19th; William Shakespeare 450th Birthday Celebration at Marshall Public Library on April 19th at 2:00 p.m.; the Pocatello Zoo will open on weekends beginning April 19th and will open seven days a week beginning on May 1st; the Recreation Center will be closed on Sundays beginning April 20, 2014 and will resume Sunday hours on October 19, 2014; the Parks and Recreation Department Fun Run Series will begin on May 3rd with the “Law Day Run”; the half-price City animal license campaign will run throughout the month of May. Mayor Blad reminded citizens that the AMI Greenway Trail continues to be closed to public access until further notice. AGENDA ITEM NO. 6: Idaho Lorax, Pocatello citizen, shared DISCUSSION ITEMS information regarding a community FROM THE AUDIENCE cleanup effort and expressed his concern regarding possible environmental hazards. Niki Taysom, 4604 Burley Drive, Chubbuck, thanked the Mayor and Council for the Arbor Day proclamation and expressed her concern regarding health and safety issues within the community. AGENDA ITEM NO. 7: Lori Stamus (mailing address: 1478 Los Altos APPEAL OF MULTIPLE Way, Pocatello, ID 83201) asked the Council ANIMAL HOUSING to reconsider the denial of her multiple PERMIT animal housing permit application. Mayor Blad clarified the multiple animal housing permit application and information pertaining to the application would be the only discussion taken into consideration. He added that other information regarding pending dangerous animal misdemeanor charges would not be discussed and if the appeal is denied, Council does not have the authority to determine which animal would be removed in order to comply with municipal code regulations. Lori Stamus, 1478 Los Altos Way, stated she moved to Pocatello from Colorado in September 2013 and currently has a Chihuahua, a boxer and a retriever mixed breed dog at her residence. She stated she was unable to obtain the required number of signatures from her neighbors for approval of a multiple animal housing permit. In response to questions from Council, Ms. Stamus added that her Chihuahua is 12 years old and 2 ½ pounds. She stated her animals are primarily inside dogs, but a fence had been added to her property for added safety. In response to a question from Council, Eric Warth, 1488 Los Altos Way, stated Ms. Stamus’ dog bit his 15-year old son and the incident was reported to Animal Services. He added the bite broke the skin and stitches were not required. REGULAR CITY COUNCIL MEETING 4 APRIL 17, 2014 A motion was made by Mr. Cooper, seconded by Mr. Orr, to uphold the denial of a multiple animal permit application and allow Ms. Stamus until May 17, 2014 to comply with municipal code regulations. Upon roll call, those voting in favor were Cooper, Orr, Brown, Johnston and Moore. Mrs. Nye voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 8: This time was set aside for the Council to PUBLIC HEARING accept comments regarding proposed year-end –PROGRAM YEAR 2013 amendments to the Program Year 2013 CDBG ACTION PLAN Community Development Block Grant (CDBG) AMENDMENTS Annual Action Plan. These amendments were reviewed and recommended for approval by the CDBG Advisory Committee at their meeting on March 18, 2014. A 30- day written comment period began March 18, 2014 and concluded April 17, 2014. Following the public hearing, the Council was asked to approve the amendments and authorize their submission, including any public comments, to HUD. Mayor Blad opened the public hearing. Melanie Gygli, Neighborhood and Community Services Division Manager, gave an overview of the proposed amendments. She stated the proposed amendments facilitate creation of the year-end report and account for unused funds and program income. Mayor Blad announced no written comments had been received. Niki Taysom, 4604 Burley Drive, Chubbuck, spoke in opposition to the proposal and stated she is opposed to government funded programs. As there were no further public comments, Mayor Blad closed the public hearing. A motion was made by Mrs. Nye, seconded by Mr. Moore, to approve proposed year-end amendments to the Program Year 2013 Community Development Block Grant (CDBG) Annual Action Plan and authorize their submission, including any public comments, to HUD. Upon roll call, those voting in favor were Nye, Moore, Brown, Cooper, Johnston and Orr. AGENDA ITEM NO. 9: Council was asked to adopt a resolution RESOLUTION FOR updating the City’s Residential Anti- REGULAR CITY COUNCIL MEETING 5 APRIL 17, 2014 RESIDENTIAL displacement and Relocation Assistance Plan ANTI-DISPLACEMENT in accordance with U.S. Housing and Urban AND RELOCATION Development requirements applicable to the ASSISTANCE PLAN-CDBG Community Development Block Grant (CDBG) program. The CDBG Advisory Committee has reviewed the plan and recommended adoption. A motion was made by Mr. Brown, seconded by Mrs. Nye, to adopt a resolution (2014-09) updating the City’s Residential Anti- displacement and Relocation Assistance Plan in accordance with U.S. Housing and Urban Development requirements applicable to the Community Development Block Grant (CDBG) program. Upon roll call, those voting in favor were Brown, Nye, Cooper, Johnston, Moore and Orr. AGENDA ITEM NO. 10: Council was asked to adopt the updated CDBG POLICY AND policies and procedures manual governing PROCEDURES MANUAL administration of the City’s CDBG allocation as discussed at the April 10, 2014 Study Session. A motion was made by Mr. Moore, seconded by Mr. Johnston, to adopt the updated policies and procedures manual governing administration of the City’s CDBG allocation as discussed at the April 10, 2014 Study Session. Upon roll call, those voting in favor were Moore, Johnston, Brown, Cooper, Nye and Orr. AGENDA ITEM NO. 11: Council was asked to declare items DECLARATION OF identified as surplus property to be sold at SURPLUS PROPERTY the City’s Annual Auction on May 10, 2014. –CITY AUCTION City departments submitted lists of items that they considered surplus and these were reviewed by other departments. The items to be considered as surplus are not needed by any other department within the City. A motion was made by Mr. Cooper, seconded by Mrs. Nye, to declare items identified as surplus property to be sold at the City’s Annual Auction on May 10, 2014. Upon roll call, those voting in favor were Cooper, Nye, Brown, Johnston, Moore and Orr. AGENDA ITEM NO. 12: Council was asked to approve an agreement 2014 PUBLIC with Prime Time Auctions to conduct the 2014 AUCTION AGREEMENT Public Auction for the City of Pocatello to –PRIME TIME be held on May 10, 2014. A motion was made by Mr. Johnston, seconded by Mr. Orr, to approve an agreement with Prime Time Auctions to conduct the 2014 Public Auction for the City of Pocatello to be held on May 10, 2014, subject to Legal Department review. Upon roll call, those voting in favor were Johnston, Orr, Brown, Cooper, Moore and Nye. REGULAR CITY COUNCIL MEETING 6 APRIL 17, 2014 AGENDA ITEM NO. 13: Council was asked to approve the purchase of REAL PROPERTY real property at 990 Jefferson for PURCHASE-INTERSECTION utilization in the Alameda, Jefferson, IMPROVEMENT PROJECT Pocatello Creek and Hiline Intersection Improvement Project, subject to Legal Department review. A motion was made by Mrs. Nye, seconded by Mr. Cooper, to approve the purchase of real property at 990 Jefferson for utilization in the Alameda, Jefferson, Pocatello Creek and Hiline Intersection Improvement Project, subject to Legal Department review. Upon roll call, those voting in favor were Nye, Cooper, Brown, Johnston, Moore and Orr. AGENDA ITEM NO. 14: Council was asked to consider a Use USE AGREEMENT Agreement with Dennis Udy, dba Rocky –ROCKY MOUNTAIN Mountain School of Baseball (RMSB) for use SCHOOL OF BASEBALL of City baseball fields for a youth baseball tournament on May 9 and 10, 2014. RMSB will be required to pay applicable rental fees and provide the required liability insurance, naming the City as an additional insured. They will also be responsible for field maintenance, cleaning the facilities, any damage resulting from their use, and any additional costs incurred by the City as a result of the tournament. A motion was made by Mr. Cooper, seconded by Mr. Moore, to approve a Use Agreement with Dennis Udy, dba Rocky Mountain School of Baseball (RMSB) for use of City baseball fields for a youth baseball tournament on May 9 and 10, 2014 and that RMSB will a) be required to pay applicable rental fees; b) provide the required liability insurance, naming the City as an additional insured; c) be responsible for field maintenance and cleaning the facilities; and d) any damage resulting from their use and any additional costs incurred by the City as a result of the tournament, subject to Legal Department review. Upon roll call, those voting in favor were Cooper, Moore, Brown, Johnston, Nye and Orr. AGENDA ITEM NO. 15: Council was asked to consider an agreement USE AGREEMENT with Brandon Taggart, dba Idaho Select –IDAHO SELECT Baseball (ISB) to use City baseball fields BASEBALL for a baseball league during the months of April 2014 through August 2014. ISB will be required to pay rental fees for the fields, any additional sanitation charges and any additional portable restroom service charges. ISB will also be required to provide insurance naming the City as an additional insured. A motion was made by Mr. Johnston, seconded by Mr. Brown, to REGULAR CITY COUNCIL MEETING 7 APRIL 17, 2014 approve a request by Brandon Taggart, dba Idaho Select Baseball (ISB) to use City baseball fields for a baseball league during the months of April 2014 through August 2014 and that ISB will a) pay rental fees for the fields; b) pay any additional portable restroom service charges; and c) be required to provide insurance naming the City as an additional insured, subject to Legal Department review. Upon roll call, those voting in favor were Johnston, Brown, Cooper, Moore, Nye and Orr. AGENDA ITEM NO. 16: Council was asked to declare a 2011 Ford SURPLUS VEHICLE Crown Victoria from the Police Department as DONATION-POLICE surplus equipment and approve the donation DEPARTMENT of this vehicle to the ISU auto body program. A motion was made by Mr. Moore, seconded by Mrs. Nye, to declare a 2011 Ford Crown Victoria from the Police Department as surplus equipment and approve the donation of this vehicle to the ISU auto body program. Upon roll call, those voting in favor were Moore, Nye, Brown, Cooper, Johnston and Orr. There being no further business, Mayor Blad adjourned the meeting at 6:52 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI KENDELL, DEPUTY CITY CLERK

Agenda

A G E N D A CITY OF POCATELLO REGULAR CITY COUNCIL MEETING APRIL 17, 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 Ben LeBarge representative from the Salvation Army. REGULAR CITY COUNCIL MEETING 2 APRIL 17, 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 March 20, 2014 Service Level Report meeting; and the March 20, 2014 Clarification and Regular Council meeting. (b) TREASURER’S REPORT: Council may wish to consider the Treasurer’s Report for March, showing cash and investments as of March 31, 2014. (c) POCATELLO DEVELOPMENT AUTHORITY BOARD REAPPOINTMENTS: Council may wish to confirm the Mayor’s reappointments of Brian Blad and Larry Fisher to continue their service as members of the Pocatello Development Authority Board. Both terms will begin May 1, 2014 and will expire May 1, 2018. (d) RESOLUTION-AMENDING DESTRUCTION OF RECORDS LIST: Council may wish to adopt a resolution providing for the destruction of temporary records pursuant to Idaho Code §50-907 and the City’s Record Policy. This replaces Resolution No. 2014-07 adopted on March 20, 2014. A date error was found on the previous list. 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 REGULAR CITY COUNCIL MEETING 3 APRIL 17, 2014 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: APPEAL OF MULTIPLE ANIMAL HOUSING PERMIT DENIAL-STAMUS: Lori Stamus (mailing address: 1478 Los Altos Way, Pocatello, Idaho 83201) is asking the Council to reconsider the denial of her multiple animal housing permit application. (Pertinent information attached) PUBLIC HEARINGS: The procedure that will be used for conducting the public hearings is at the end of the agenda. AGENDA ITEM NO. 8: PUBLIC HEARING-PROGRAM YEAR 2013 CDBG ACTION PLAN AMENDMENTS: This time has been set aside for the Council to accept comments regarding proposed year-end amendments to the Program Year 2013 Community Development Block Grant (CDBG) Annual Action Plan. These amendments were reviewed and recommended for approval by the CDBG Advisory Committee at their meeting on March 18, 2014. A 30-day written comment period began March 18, 2014 and concludes April 17, 2014. Following the public hearing, the Council may wish to approve the amendments and authorize their submission, including any public comments, to HUD. (Pertinent information attached.) REGULAR CITY COUNCIL MEETING 4 APRIL 17, 2014 AGENDA ITEM NO. 9: RESOLUTION FOR RESIDENTIAL ANTI- DISPLACEMENT AND RELOCATION ASSISTANCE PLAN-CDBG: The Council may wish to adopt a resolution updating the City’s Residential Anti-displacement and Relocation Assistance Plan in accordance with U.S. Housing and Urban Development requirements applicable to the Community Development Block Grant (CDBG) program. The CDBG Advisory Committee has reviewed the plan and recommends adoption. (Pertinent information attached.) AGENDA ITEM NO. 10: CDBG POLICY AND PROCEDURES MANUAL: Council may wish to adopt the updated policies and procedures manual governing administration of the City’s CDBG allocation as discussed at the April 10, 2014 Study Session. (Pertinent information attached.) AGENDA ITEM NO. 11: DECLARATION OF SURPLUS PROPERTY-CITY AUCTION: Council may wish to declare items identified as surplus property to be sold at the City’s Annual Auction on May 10, 2014. City departments submitted lists of items that they considered surplus and these were reviewed by other departments. The items to be considered as surplus are not needed by any other department within in the City. (Pertinent information attached.) REGULAR CITY COUNCIL MEETING 5 APRIL 17, 2014 AGENDA ITEM NO. 12: 2014 PUBLIC AUCTION AGREEMENT-PRIME TIME: Council may wish to approve an agreement with Prime Time Auctions to conduct the 2014 Public Auction for the City of Pocatello to be held on May 10, 2014. (Pertinent information attached.) AGENDA ITEM NO. 13: REAL PROPERTY PURCHASE-INTERSECTION IMPROVEMENT PROJECT: Council may wish to approve the purchase of real property at 990 Jefferson for utilization in the Alameda, Jefferson, Pocatello Creek, and Hiline Intersection Improvement Project, subject to Legal Department review. (Pertinent information attached.) AGENDA ITEM NO. 14: USE AGREEMENT-ROCKY MOUNTAIN SCHOOL OF BASEBALL: Council may wish to consider a Use Agreement with Dennis Udy, dba Rocky Mountain School of Baseball (RMSB) for use of City baseball fields for a youth baseball tournament on May 9 and 10, 2014. RMSB will be required to pay applicable rental fees and provide the required liability insurance, naming the City as an additional insured. They will also be responsible for field maintenance, cleaning the facilities, any damage resulting from their use, and any additional costs incurred by the City as a result of the tournament. (Pertinent information attached.) AGENDA ITEM NO. 15: USE AGREEMENT-IDAHO SELECT BASEBALL: Council may wish to consider an agreement with Brandon Taggart, dba Idaho Select Baseball (ISB) to use City baseball REGULAR CITY COUNCIL MEETING 6 APRIL 17, 2014 fields for a baseball league during the months of April 2014 through August 2014. ISB will be required to pay rental fees for the fields, any additional sanitation charges and any additional portable restroom service charges. ISB will also be required to provide insurance naming the City as an additional insured. (Pertinent information attached.) AGENDA ITEM NO. 16: SURPLUS VEHICLE DONATION-POLICE DEPARTMENT: Council may wish to declare a 2011 Ford Crown Victoria from the Police Department as surplus equipment and approve the donation of this vehicle to the ISU auto body program. (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 REGULAR CITY COUNCIL MEETING 7 APRIL 17, 2014 ask their questions of the applicant. 4. Presentation by staff. 5. Written correspondence submitted for the record. 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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