City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL REGULAR CITY COUNCIL MEETING MARCH 21, 2019 AGENDA ITEM NO. 1: The Regular City Council meeting was called to order at 6:01 p.m. ROLL CALL AND by Mayor Brian Blad. Council members present were Heidi PLEDGE OF Adamson, Roger Bray, Rick Cheatum, Jim Johnston, Linda Leeuwrik ALLEGIANCE and Beena Mannan. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was offered by Tony Seikel, Portneuf Sangha. INVOCATION 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 March 7, 2019 Executive Session. -TREASURER’S (b) Consider the Treasurer’s Report for February showing cash and REPORT investments as of February 28, 2019 in the amount of $60,352,892.83. -SISTER CITIES (c) Confirm the Mayor’s appointment of Kent Hobbs to serve as a COMMITTEE member of the African Sister Cities Subcommittee, filling a long- APPOINTMENT term vacancy. Mr. Hobbs’ term will begin March 22, 2019 and will expire March 22, 2023. -ANNUAL GRANT (d) Approve a grant application and authorize the Mayor to sign APPLICATION documents related to the grant, if awarded, from Idaho Nursery and –ARBOR DAY Landscape Association in the amount of $300.00. This is an annual TREE PLANTING grant and will include the purchase and planting of 1 to 2 trees on City property in association with Arbor Day events. Matching funds of 25% is available in the Parks Department and will be in the form of in-kind services including: a) planning; b) purchase and installation of the trees; and c) celebrating Arbor Day during the Environmental Fair. -APPOINTMENT OF (e) Designate Janae Mitchell, Community Development Block Grant ENVIRONMENTAL Program Coordinator, as the City’s Environmental Review Officer. REVIEW OFFICER-HUD This designation is for the purpose of reviewing and approving environmental assessments for projects being funded by the U.S. Department of Housing and Urban Development (HUD) within Pocatello city limits. -COUNCIL DECISION (f) Adopt the Council’s decision denying the Motion for -UPHOLDING THE Reconsideration by Gypsy Holdings, LLC and Hanson Janitorial HEARING EXAMINER’S Supply, Inc. regarding Council’s approval of its prior decision DECISION REGARDING affirming the Hearing Examiner’s approval of a conditional use A CONDITIONAL USE permit for 29 East Lewis Street. Council voted to uphold its prior PERMIT FOR decision affirming their decision to allow transitional housing and 209 EAST LEWIS administrative offices as submitted by Idaho Housing & Finance REGULAR CITY COUNCIL MEETING 2 MARCH 21, 2019 Association on behalf of Aid for Friends, Inc., in the existing building at 209 East Lewis Street, subject to conditions. -COUNCIL DECISION (g) Adopt the Council’s decision approving the Final Plat for Stratten -STRATTEN ESTATES Estates Division One, which subdivides approximately 3.06 acres of DIVISION ONE land into sixteen (16) lots, fourteen (14) to accommodate seven (7) FINAL PLAT townhouse structures and two (2) dedicated to stormwater retention, subject to conditions. The property is located near the easterly extension of Troy Lane. A motion was made by Mr. Johnston, seconded by Mr. Cheatum, to approve the items on the consent agenda. Upon roll call, those voting in favor were Johnston, Cheatum, Adamson, Bray, Leeuwrik and Mannan. AGENDA ITEM NO. 4: Ms. Adamson, on behalf of Mayor Blad, proclaimed April 20, 2019 COMMUNICATIONS as Arbor Day and urged citizens to support efforts to protect our AND PROCLAMATIONS trees and woodlands. Gary Bates, Idaho Department of Lands, accepted the proclamation and thanked the Mayor and Council. He presented the 22nd annual consecutive “Tree City USA” award to the City of Pocatello. AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the April 4th Clarification CALENDAR ITEMS meeting at 5:30 p.m.; the April 4th Regular City Council meeting at 6:00 p.m.; and the City Council Work Session on April 11th at 9:00 a.m. Mayor Blad reminded citizens that the annual spring cleanup at city cemeteries begins April 1st. Crews will remove and discard all flowers and decorations. Citizens are asked to remove decorations they have placed on a cemetery space if they wish to avoid disposal of the item by staff. Clean up is expected to continue through the end of April; Compost Happens yard-waste-only composting program begins April 1st and continues through the last week of November. Yard-waste carts will be picked up on the same day as the regular collection day. For more information, contact the Sanitation Department; ZooIdaho opening day for the 2019 season is April 6th. The Zoo will be open on weekends only through the month of April; and entries are being sought for 2019 Portneuf Valley Environmental Fair contests—more information can be found at envirofair.org/contests. AGENDA ITEM NO. 6: Ken Pape of Portneuf Development (mailing address: 4990 Valenty FINAL PLAT-THE Road, Suite H, Chubbuck, ID 83202), represented by Chris Adams CROSSINGS DIVISION 2 of Creek Hollow and Associates, Inc., (mailing address: 611 Wilson Avenue, Suite 1A, Pocatello, ID 83201), has submitted a final plat application to subdivide 36.44 acres (more or less) into 15 lots. The proposed subdivision is located east of Interstate 15 and north of Chubbuck Road and is to be called The Crossings Division 2. At their meeting on February 13, 2019, the Planning and Zoning Commission recommended approval with conditions. Mr. Johnston recused himself from discussion and voting upon Agenda Item No. 6. A motion was made by Mr. Bray, seconded by Ms. Adamson, to approve a request by Ken Pape of Portneuf Development, represented by Chris Adam of Creek Hollow and Associates, Inc. to approve a final plat application to subdivide 36.44 acres (more or less) into 15 lots with the following conditions: REGULAR CITY COUNCIL MEETING 3 MARCH 21, 2019 1) All conditions set out in the Public Works Department Memorandum from Merril Quayle, P.E. dated March 12, 2019 shall be met; 2) Subdivision Covenants, Conditions and Restrictions (CCR’s) shall be submitted to the City after the recording of the final plat; 3) a building permit may not be issued unless all applicable standards of Municipal Code 16.24.100 are adhered to or a subdivision surety bond and warranty bond is obtained as outlined in Municipal Code 16.24.110 prior to recording; 4) as proposed, the applicant or the associated homeowner shall be responsible for the upkeep and maintenance of all easements designating open space shown on the plat, unless otherwise approved by the Pocatello City Council; and 5) all other standards and conditions of Municipal Code not herein discussed but applicable to residential development shall apply and that the proposed subdivision, located east of Interstate 15 and north of Chubbuck Road is to be called The Crossings Division 2 and that the decision be set out in appropriate Council decision format. Upon roll call, those voting in favor were Bray, Adamson, Cheatum, Leeuwrik and Mannan. AGENDA ITEM NO. 7: Victor Sutherland, represented by Peterson Land Surveying (mailing SHORT PLAT address: 5234 Thunder Drive, Idaho Falls, ID 83406) has submitted –SUTHERLAND a short plat application to subdivide 0.293 acres (more or less) into SUBDIVISION three (3) lots in a Commercial General zoning district. The proposed subdivision is located at South 5th Avenue and East Sutter Street and is to be called Sutherland Subdivision. A motion was made by Ms. Adamson, seconded by Mr. Johnston, to approve a request by Victor Sutherland, represented by Peterson Land Surveying to approve a short plat application to subdivide 0.293 acres (more or less) into three (3) lots in a Commercial General zoning district with the following conditions: 1) All conditions on the Subdivision Application Staff Report shall be met; 2) all conditions set out in the Public Works Department Memorandum from Merril Quayle, P.E. dated march 13, 2019 shall be met; 3) Subdivision Covenants, Conditions and Restrictions (CCR’s), if applicable, shall be submitted to the City; 4) all corrections, if any, to the plat which were noted by City Staff shall be made prior to submittal of the final plat; 5) the plat shall conform to all State and local laws and ordinances; and 6) all other standards and conditions of Municipal Code not herein discussed by applicable to residential development shall apply and that the proposed subdivision, located at South 5th Avenue and East Sutter Street and is to be called Sutherland Subdivision and that the decision be set out in appropriate Council decision format. Upon roll call, those voting in favor were Adamson, Johnston, Bray, Cheatum, Leeuwrik and Mannan. AGENDA ITEM NO. 8: Council was asked to accept the recommendations of Street SOLE SOURCE Operations staff and approve the purchase of GSB-88 2:1 Emulsion DECLARATION OF sealing oil from Asphalt Systems, Inc. to be a valid sole source LATEX EMULSION expenditure for the City’s 2019 Summer Paving Program and PURCHASE authorize the Mayor to sign documents related to the purchase. The -STREET OPERATIONS product is a trademarked material that no other company makes and therefore, it is impractical/impossible to obtain three bids. The amount requested is 101 tons for a total purchase price of $86,880.00 (F.O.B. Salt Lake City, Utah). A motion was made by Ms. Mannan, seconded by Ms. Leeuwrik, to accept the recommendations of Street Operations staff and approve the purchase of GSB-88 2:1 Emulsion sealing oil from Asphalt Systems, Inc. to be a valid sole source expenditure for the City’s 2019 Summer Paving Program and authorize the Mayor to sign documents related to the purchase for 101 tons for a total purchase price of $86,880.00 (F.O.B. Salt Lake City, Utah). Upon roll call, those voting in favor were Mannan, Leeuwrik, Adamson, Bray, Cheatum and Johnston. REGULAR CITY COUNCIL MEETING 4 MARCH 21, 2019 AGENDA ITEM NO. 9: Council was asked to accept the recommendations of staff and MICRO SURFACING award the procurement bid for Type III Fiberized Micro Surfacing BID -STREET Services to Valley Slurry Seal in the amount of $610,500.00 for the OPERATIONS Street Operation’s 2019 Pavement Maintenance Program, subject to Legal Department review. Funds are available in the Street Operation’s Fiscal Year 2019 budget. A motion was made by Mr. Bray, seconded by Ms. Mannan, to accept the recommendations of staff and award the procurement bid for Type III Fiberized Micro Surfacing Services to Valley Slurry Seal in the amount of $610,500.00 for the Street Operation’s 2019 Pavement Maintenance Program, subject to Legal Department review. Upon roll call, those voting in favor were Bray, Mannan, Adamson, Cheatum, Johnston and Leeuwrik. AGENDA ITEM NO. 10: Council was asked to approve and authorize the Mayor to sign an SAVAGETRIBE, LLC annual Professional Services Agreement with SavageTribe, LLC, PROFESSIONAL subject to Legal Department review. The agreement will begin April SERVICE AGREEMENT 1, 2019 to provide technical support for the City’s GIS system. -PUBLIC WORKS The support services will be provided at the off-site rate of $125.00 per hour, with a $2,000.00 per year mobilization fee. The cost for services will be split among the Public Works Departments and is available in their Fiscal Year 2019 budgets. A motion was made by Ms. Leeuwrik, seconded by Mr. Cheatum, to approve and authorize the Mayor to sign an annual Professional Services Agreement with SavageTribe, LLC, subject to Legal Department review and that the agreement will begin April 1, 2019 to provide technical support for the City’s GIS system and that the support services will be provided at the off-site rate of $125.00 per hour, with a $2,000.00 per year mobilization fee and that the cost for services will be split among the Public Works Department. Upon roll call, those voting in favor were Leeuwrik, Cheatum, Adamson, Bray, Johnston and Mannan. AGENDA ITEM NO. 11: Council was asked to consider an Ordinance vacating the public ORDINANCE utility easement located between Ruby Street and Pocatello Creek -VACATION OF PUBLIC Road near Interstate 15. Said vacation was approved by Council UTILITY EASEMENT Decision dated March 7, 2019 and all conditions contained therein BETWEEN RUBY STREET have been met. AND POCATELLO CREEK ROAD A motion was made by Mr. Cheatum, seconded by Ms. Adamson, that the ordinance, Agenda Item No. 11, 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 Cheatum, Adamson, Bray, Johnston, Leeuwrik and Mannan. Kirk Bybee, Chief Civil Deputy Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance vacating the public utility easement located between Ruby Street and Pocatello Creek Road near Interstate 15 which was approved by Council Decision dated March 7, 2019. Mayor Blad asked, “Shall the ordinance pass?” Upon roll call, those voting in favor were Adamson, Bray, Cheatum, Johnston, Leeuwrik and Mannan. Mayor Blad declared REGULAR CITY COUNCIL MEETING 5 MARCH 21, 2019 the ordinance and summary sheet passed, that it be numbered 3024 and be submitted to the Idaho State Journal for publication. AGENDA ITEM NO. 12: One individual was signed up to speak during this agenda item; DISCUSSION ITEMS however, he was not present at the meeting when called upon. AGENDA ITEM NO. 13: There being no further business, Mayor Blad adjourned the meeting ADJOURN at 6:27 p.m. APPROVED BY: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CITY CLERK, C. C. PREPARED BY: KONNI R. KENDELL, DEPUTY CITY CLERK