City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING DECEMBER 18, 2014 CLARIFICATION The City Council Agenda Clarification Meeting was called to order MEETING at 5:30 p.m. by Mayor Brian Blad. Council members present were Craig Cooper, Jim Johnston, Gary Moore, Eva Johnson Nye and Michael Orr. Council member Steve Brown arrived at 5:34 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 to order at 6:04 ROLL CALL AND p.m. by Mayor Brian Blad. Council members present were Steve ALLEGIANCE Brown, Craig Cooper, Jim Johnston, Gary Moore, Eva Johnson Nye and Michael Orr. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was offered by Pastor Jacqueline Thomas, Praise INVOCATION Temple of God Church. AGENDA ITEM NO. 3: Council was asked to consider the following business items: CONSENT AGENDA -MINUTES (a) Waive the oral reading of the minutes and approve the minutes from the Clarification meeting and Regular Council meeting of December 4, 2014. -PAYROLL AND (b) Payroll and material claims for the month of November 2014 in MATERIAL CLAIMS the amount of $20,916,864.55. -CONSTRUCTION (c) Confirm may the Mayor’s reappointment of Ted Booth and BOARD OF APPEALS Robert Alleman to continue their service as members of the AND REVIEW Construction Board of Appeals and Review. Both terms will APPOINTMENT begin December 31, 2014 and will expire December 31, 2016 . -2014 ROAD AND (d) Approve the 2014 Road and Street Financial Report. The report STREET FINANCIAL accounts for the City’s use of state highway user dollars during REPORT the past fiscal year to the Idaho State Controller as required by state law. -AREA AGENCY ON (e) Approval a contract with the Area Agency On Aging to continue AGING CONTRACT services provided by Pocatello Transit. The Contract will TRANSIT terminate on June 30, 2018 and it extends former contract amounts and obligations.  2 REGULAR CITY COUNCIL MEETING DECEMBER 18, 2014 -COUNCIL DECISION (f) Adopt the Council’s Decision to grant the heirs of Hatton A. ARMSTRONG LEGACY and Roma Crump Armstrong, the owners and developers, their DIVISION NO. ONE request for approval of the final short plat for the Armstrong SUBDIVISION FINAL Legacy Division No. 1 subdivision, subject to conditions. The SHORT PLAT proposed plat is for a three (3) lot subdivision (which contains an existing dwelling and two accessory structures), encompassing .982 acres (more or less), and is zoned Residential Medium Density Multi-family (RMM). Lots 1 and 2 will have frontage access to Bannock Highway and Lot 3 will have a 20 foot wide private driveway easement through Lot 1 to access Bannock Highway. 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 announced the first Thursday of January 2015 is a COMMUNICATIONS AND holiday. As a result, the Regular City Council meeting usually PROCLAMATIONS held on the first Thursday of the month will be held on January 8, 2015. AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the January 8, Study CALENDAR REVIEW Session at 9:00 a.m.; immediately followed by an Executive Session; and the January 8, Regular Council meeting at 6:00 p.m. Mayor Blad reminded the audience the Parks and Recreation Holiday Hoopla Free Throw Contest will be held at Dick’s Sporting Goods on December 20 at 2:00 p.m.; City Hall and Parks and Recreation Offices will close at 3:00 p.m. on December 24; City offices will be closed to observe the Christmas Holiday on December 25. Garbage and recycling pickups for Thursday and Friday will be one day behind; December 26 through 31 will be a Special pick-up for Christmas over flow. Bags or boxes of extra holiday wrapping will be picked up same day as scheduled pickup; Christmas Tree Collection Sites will be available December 26 through January 5, boxes will be provided at City Hall; Rainey Park on South Arthur; and Sister City Park entrance on Pocatello Creek Road; on January 1, 2015 City offices will be closed to observe the New Year’s Day Holiday. Garbage and recycling pickups for Thursday and Friday will be one day behind. AGENDA ITEM NO. 6: This time was set aside for the Council to receive comments PUBLIC HEARING from the public regarding proposed amendments within –PROGRAM YEARS 2011, Program Years 2011, 2012, and 2014 Community Development 2012, AND 2014 CDBG Block Grant (CDBG) Annual Action Plans. These amendments ACTION PLAN were reviewed and recommended for approval by the CDBG AMENDMENTS Advisory Committee at their meeting on November 12, 2014. A 30-day written comment period began November 17, 2014 and concluded December 18, 2014. Following the public hearing, the Council may wish to approve the amendments and authorize their submission, including any public comments, to the Department of Housing and Urban Development. Mayor Blad opened the public hearing. Melanie Gygli, Neighborhood and Community Services Division Manager, gave an overview of the proposed amendments. She noted one of the amendments is recommended to allow completion of the Project Year 2014 subrecipient project for Family Services Alliance. A bid for window and door replacement costs for the building came in double of what was anticipated. Mayor Blad announced that no written correspondence had been received.  3 REGULAR CITY COUNCIL MEETING DECEMBER 18, 2014 In response to a question from Council, Mrs. Gygli explained additional income was received from participants who sold their home and purchased a larger home or refinanced their loan at a lower interest rate and paid off the original loan. Mayor Blad feels the additional income for the Program shows the system is working and participants are becoming more self sufficient. Sarah O’Banion, Family Services of Southeast Idaho, Executive Director, 355 South Arthur, expressed her gratitude to the Mayor and Council for their support. She mentioned the new window installation will help with safety and energy costs at their building. Nikki Taysom, 4604 Burley Drive, Chubbuck, shared her concerns with using public funds to compensate private individuals. She feels there are other ways these things can be accomplished. There being no further public comments, Mayor Blad closed the public hearing. A motion was made by Mr. Johnston, seconded by Mr. Brown, to approve the amendments and authorize their submission, including any public comments, to the Department of Housing and Urban Development. Upon roll call, those voting in favor were Johnston, Brown, Cooper, Moore, Nye and Orr. AGENDA ITEM NO. 7: This time was set aside for the Council to receive public PUBLIC HEARING comments on the proposed Community Development Block –PROPOSED PROGRAM Grant (CDBG) Program Year 2015 Annual Action Plan. The YEAR 2015 CDBG ANNUAL CDBG Advisory Committee recently completed its annual grant ACTION PLAN application process, concluding with a recommendation of approval at their meeting on November 12, 2014. A 30-day comment period began November 17, 2014 and concluded December 18, 2014. Following the public hearing, the Council may wish to endorse or modify the Advisory Committee’s recommendations and authorize submission, including any public comments, on the Action Plan to the Department of Housing and Urban Development (HUD). The Council may also wish to authorize the Mayor’s signature on all requisite contract documents, subject to Legal Department review, with HUD and any subrecipients or subcontractors. Mayor Blad opened the public hearing. Melanie Gygli, Neighborhood and Community Services Division Manager, gave a short presentation regarding the proposed block grant spending plan for Program Year 2015. She announced Pocatello is celebrating its 19th year of being an “Entitlement City.” The funding amounts anticipated will be similar to past years. However, the final amount has not been determined. Staff will complete the process as soon as the final amounts are known. Ms. Gygli noted the Committee received requests that total an estimated $78,000.00 more than what will be available. She explained in order to grant as many requests as possible, the Board recommended the City’s sidewalk repair program be utilized for First Presbyterian Church’s funding request. If the funding is less, recommendations are outlined in the packet submitted by the CDBG Board.  4 REGULAR CITY COUNCIL MEETING DECEMBER 18, 2014 In response to a question from Council, Mrs. Gygli explained after a city reaches a population of 50,000 they may apply to become an “Entitlement City” and participate in CDBG funding programs. She also reviewed the low to moderate income areas within the City. Mayor Blad announced that no written correspondence had been received. Sarah O’Banion, Family Services Alliance of Southeast Idaho, Executive Director, 355 South Arthur, again mentioned the need for new windows for their building. She reported they have seen a decrease in energy costs from similar improvement projects. Nikki Taysom, 4604 Burley Drive, Chubbuck, shared her concerns with the increase in alcohol revenue for the City. She feels alcohol use is directly related to low income areas. Mrs. Gygli clarified the sidewalk request for First Presbyterian Church. She noted sidewalks are in the City’s Right-of-Way and funds are available for these types of repairs. There being no further public comments, Mayor Blad closed the public hearing. A motion was made by Mrs. Nye, seconded by Mr. Orr, to approve the CDBG Advisory Committee’s recommendations and authorize submission, including any public comments, on the 2015 Action Plan to the Department of Housing and Urban Development (HUD) and authorize the Mayor’s signature on all requisite contract documents, subject to Legal Department review, with HUD and any subrecipients or subcontractors. Upon roll call, those voting in favor were Nye, Orr, Brown, Cooper, Johnston, and Moore. AGENDA ITEM NO. 8: Council may wish to adopt new target areas for Community CDBG PROGRAM Development Block Grant (CDBG) program activities. TARGET AREAS A motion was made by Mr. Moore, seconded by Mr. Orr, to adopt new target areas for Community Development Block Grant program activities within City limits. Upon roll call, those voting in favor were Moore, Orr, Brown, Cooper, Johnston and Nye. AGENDA ITEM NO. 9: Council was asked to adopt a resolution to accept the two-year RESOLUTION-LANGUAGE Review of the Language Assistance Plan for Community ASSISTANCE PLAN REVIEW Development Block Grant (CDBG) programs. As an CDBG PROGRAMS entitlement city, Pocatello is required to ensure that all individuals are provided appropriate access to CDBG-funded programs. This Plan sets out the method by which non-English speakers can obtain information. The Plan was adopted by Resolution (2012-15) on November 15, 2012 with provisions for review every two years. The CDBG Advisory Committee has reviewed the updated information and recommends approval. A motion was made by Mr. Moore, seconded by Mr. Cooper, to adopt resolution (2014-23) to accept the two-year Review of the Language Assistance Plan for CDBG programs. In response to questions from Council, Mrs. Gygli gave an over view of the CDBG criteria for identifying language needs. She explained the need is based upon U.S. Census numbers for non-  5 REGULAR CITY COUNCIL MEETING DECEMBER 18, 2014 proficient speaking individuals in our area. If a need is identified in the community, staff is required to provide oral interpretation. Mr. Moore’s motion was voted upon at this time. Upon roll call, those voting in favor were Moore, Cooper, Brown, Johnston, Nye and Orr. AGENDA ITEM NO. 10: Council was asked to authorize Planning Division staff to RENEGOTIATION OF renegotiate with Bannock County the Area of City Impact (ACI) AREA OF CITY IMPACT boundary and agreement per Idaho Code 67-5625. Changes will involve both the extent of the ACI and terms of the agreement for notice and review by both parties on development issues. A motion was made by Mr. Moore, seconded by Mrs. Nye, to authorize Planning Division staff to renegotiate with Bannock County the Area of City Impact boundary and agreement per Idaho Code 67-5625. Upon roll call, those voting in favor were Moore, Nye, Brown, Cooper, Johnston, and Orr. AGENDA ITEM NO. 11:Southeast Idaho MATHCOUNTS, represented by Krystal “COUNCIL SELECT” Chanda (mailing address: P.O. Box 1327, Pocatello ID 83204) FUNDING REQUEST requested that “Council Select” funds in the amount of $300.00 –MATHCOUNTS be used to help pay for expenses in connection with a math competition for middle school students living in southeast Idaho. The competition will be held at Idaho State University on February 17, 2015. (As of December 12, 2014 $5,000.00 remained in the “Council Select” fund.) In response to questions from Council, Brion Kettler, MATHCOUNTS representative, reviewed the history of the competition in Pocatello. He mentioned much of expense for the competition is for student needs while they are competing. Mr. Kettler estimated between 100 and 135 participants join the event each year and many of these students choose physics and mathematics as a major when they enter college. A motion was made by Mrs. Nye, seconded by Mr. Cooper, to use “Council Select” funds in the amount of $250.00 to help pay for expenses in connection with a math competition for middle school students at Idaho State University on February 17, 2015. Upon roll call, those voting in favor were Nye, Cooper, Brown, Johnston, Moore and Orr. AGENDA ITEM NO. 12: Council was asked to accept staff’s recommendation for a “wet POCATELLO CREEK water” credit to construct 135 residential lots in conjunction DEVELOPMENT COMPANY with the Satterfield Well as discussed during the November 13, SATTERFIELD WELL/ 2014 Study Session. These lots will be constructed within future “WET WATER” CREDIT development phases by Pocatello Creek Development Company and Satterfield Realty and Development, Inc. A motion was made by Mr. Brown, seconded by Mr. Johnston to accept staff’s recommendation for a “wet water” credit, subject to Legal Department review, to construct 135 residential lots in conjunction with the Satterfield Well as discussed during the November 13, 2014 Study Session and that the decision be set out in the appropriate Council Decision format. Upon roll call, those voting  6 REGULAR CITY COUNCIL MEETING DECEMBER 18, 2014 in favor were Brown, Johnston, Cooper, Moore and Nye. Mr. Orr voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 13: Council was asked to authorize an amendment to the Service AMENDMENT TO Agreement between Balfour Betty Rail and the City of Pocatello, AGREEMENT FOR AIRPORT subject to Legal Department review, in the amount of $2,750.00 INDUSTRIAL PARK for a total agreement not to exceed $9,500.00. The original -BALFOUR BETTY RAIL agreement was approved by Council on September 4, 2014. Under this amendment, Balfour Betty will perform 10% engineering design, required by the Union Pacific Railroad process, for Project Pipe at Pocatello Airport Business Park. Funds are available in the Economic Development General Fund and will be reimbursed through the Pocatello Development Authority, Pocatello Regional Airport Revenue Allocation District. A motion was made by Mr. Orr, seconded by Mrs. Nye, to authorize an amendment to the Service Agreement between Balfour Betty Rail and the City of Pocatello, subject to Legal Department review, in the amount of $2,750.00 for a total agreement not to exceed $9,500.00. Upon roll call, those voting in favor were Orr, Nye, Brown, Cooper, Johnston and Moore. AGENDA ITEM NO. 14: Council was asked to consider a request from Portneuf IDAHO DEPARTMENT OF Greenway Foundation along with representatives from Trails PARKS AND RECREATION Working Group for Council support to submit a grant GRANT FOR MULTI-USE application to the Idaho Department of Parks and Recreation in PATHWAY the amount of $75,000.00 and, if awarded, authorize the Mayor’s signature, subject to Legal Department review, on documents related to the grant for construction of a multi-use pathway along the right-of-way reserved for Chubbuck Road from Olympus Drive to Satterfield Drive. Grant funds will be used to grade, gravel, and pave the path. Matching funds will come from a memorial fund for the Parrish Family that has been set aside by Citizen’s Community Bank. The City of Pocatello will have full ownership of the pathway upon completion. In response to questions from Council, Dan Harelson Portneuf Greenway representative, explained if approved by Council, the grant will be submitted by the end of January 2015. He anticipates a decision regarding the application will be made in March and construction of the pathway will take place between July and the first snowfall. A motion was made by Mr. Moore, seconded by Mr. Johnston, to approve the submittal of a grant application to the Idaho Department of Parks and Recreation in the amount of $75,000.00 and, if awarded, authorize the Mayor’s signature, subject to Legal Department review, on documents related to the grant for construction of a multi-use pathway along the right-of-way reserved for Chubbuck Road from Olympus Drive to Satterfield Drive; and the City of Pocatello will have full ownership of the pathway upon completion. Upon roll call, those voting in favor were Moore, Johnston, Brown, Cooper, Nye and Orr. AGENDA ITEM NO. 15: Council was asked to approve, and authorize the Mayor to sign, LEASE AGREEMENTS the following lease agreements for property at the Pocatello  7 REGULAR CITY COUNCIL MEETING DECEMBER 18, 2014 -AIRPORT Regional Airport: -IDAHO SPECIALIZED a) Approximately 15,000 square feet of bare ground for the TRANSPORTATION purpose of storing iron concentrate material awaiting transport. Proposed term is one year with two, one-year renewals. The rental rate is $7,000.00 per year; and -GORDON NIELSON b) Approximately 1,760 square feet of hangar space for the purpose of aircraft storage. Proposed term is one year with four, one-year renewal options. The rental rate is $217.20 per month, increased annually at least by the amount of the Consumer Price Index increase for the previous 12-month period. A motion was made by Mr. Brown, seconded by Mr. Johnston, to approve and authorize the Mayor to sign, airport lease agreements as outlined in Agenda Item No. 15 (a) and (b). In response to questions from Council, Merril Quayle, Development Engineer, explained the concrete that will be stored by Idaho Specialized Transportation is used material. He added that the area of storage is a hard surface with a barricade. Airport staff will monitor that the materials are stored correctly so no contaminants from the concrete will leak into the ground. Mr. Brown’s motion was voted upon at this time. Upon roll call, those voting in favor were Brown, Johnston, Cooper, Moore, Nye and Orr. AGENDA ITEM NO. 16: Council was asked to consider the following ordinances: ORDINANCES -APEX ROAD 16(a) An ordinance vacating the public’s interest in Apex Road, a VACATION portion of the deeded right-of-way (including construction easements), from the end of Apex Road at Buckskin Road and extending westerly for approximately 2,300 feet, encompassing approximately 6.76 acres, and grant conveyance to the adjacent property owner, BBAD Investments, LLC, subject to conditions. Said vacation was approved by a Council Decision dated November 20, 2014 and all conditions contained therein have been met. A motion was made by Mrs. Nye, seconded by Mr. Johnston, that the ordinance, Agenda Item 16 (a), be read only by title and placed on final passage for publication, and that the whole ordinance be submitted for publication. Upon roll call, those voting in favor were Nye, Johnston, Brown, Moore and Orr. Mr. Cooper voted in opposition to the motion. The motion passed. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance vacating the public’s interest in Apex Road, a portion of the deeded right-of-way (including construction easements), from the end of Apex Road at Buckskin Road and extending westerly for approximately 2,300 feet, encompassing approximately 6.76 acres, and grant conveyance to the adjacent property owner, BBAD Investments, LLC, subject to conditions. Mayor Blad asked “Shall the ordinance pass?” Upon roll call, those voting in favor were Brown, Cooper, Johnston, Moore, Nye and Orr. Mayor Blad declared the ordinance passed, that it be numbered 2939 and be submitted to the Idaho State Journal for publication.  8 REGULAR CITY COUNCIL MEETING DECEMBER 18, 2014 AMENDMENTS 16(b) An ordinance amending portions of Title 15, Buildings and TITLE 15 BUILDINGS Construction, of the Pocatello Municipal Code to adopt a AND CONSTRUCTION portion of the 2012 editions of the following codes: CODE International Residential Code, International Energy Conservation Code, International Mechanical Code, International Fuel Gas Code and Appendices A through D, as well as the 2014 National Electrical Code and Appendix H. This ordinance as presented to Council at the December 11, 2014 Study Session. A motion was made by Mrs. Nye, seconded by Mr. Moore, that the ordinance, Agenda Item 16(b), be read only by title and placed on final passage for publication, and that only the ordinance summary sheet be submitted for publication. Upon roll call, those voting in favor were Nye, Moore, Brown, Cooper, Johnston and Orr. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance amending portions of Title 15, Buildings and Construction, of the Pocatello Municipal Code to adopt a portion of the 2012 editions of the following codes: International Residential Code, International Energy conservation Code, International Mechanical Code, International Fuel Gas Code and Appendices A through D, as well as the 2014 National Electrical Code and Appendix H. Mayor Blad asked “Shall the ordinance pass?” Upon roll call, those voting in favor were Brown, Cooper, Johnston, Moore, Nye and Orr. Mayor Blad declared the ordinance and summary sheet passed, that it be numbered 2940 and be submitted to the Idaho State Journal for publication AGENDA ITEM NO. 17: Idaho Lorax, General Delivery, Pocatello, stated he attended the DISCUSSION ITEMS Alameda/Jefferson intersection public hearing. He shared his concerns regarding a vacant lot located near the intersection. Nikki Taysom, 4604 Burley Drive, Chubbuck, stated her son is serving a mission in Peru and shared her concerns with the safety of missionaries located in other countries. Kelley Benningfield, 624 West Cedar Street, distributed information regarding a talking book program he felt the City may be interested in. There being no further business, Mayor Blad adjourned the meeting at 7:17 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST:  9 REGULAR CITY COUNCIL MEETING DECEMBER 18, 2014 RUTH E. WHITWORTH, CMC, CITY CLERK