City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL REGULAR CITY COUNCIL MEETING JUNE 6, 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 ALLEGIANCE Leeuwrik and Beena Mannan. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was offered by Pastor Scott Sampson, Rocky INVOCATION Mountain Ministries. 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 and Regular Council meetings of April 18 and May 2, 2019; the Budget Development meetings of May 2, 9 and 16, 2019; the Work Session of May 9, 2019; the Special City Council meeting of May 14, 2019; and the Executive Session of May 16, 2019. -PAYROLL AND (b) Consider the payroll and material claims for the month of MATERIAL CLAIMS May 2019 in the amount of $ 8,528,805.18. -HOUSING ALLIANCE (c) Confirm the Mayor’s reappointment of Sharlyn Reddish to continue AND COMMUNITY her service as a member of the Housing Alliance and Community PARTNERSHIPS BOARD Partnerships Board. Ms. Reddish’s term will begin June 23, 2019 REAPPOINTMENT and will expire June 23, 2024. -LIBRARY BOARD (d) Confirm the Mayor’s reappointment of Chuck Orr to continue his REAPPOINTMENT service as a member of the Library Board. Mr. Orr’s term will begin July 1, 2019 and will expire July 1, 2024. -PARKS AND (e) Mayor Blad announced that the confirmation of the Mayor’s RECREATION appointment of Deb Mullins to serve as a member of the Parks and ADVISORY BOARD Recreation Advisory Board, representing the Fort Hall Replica APPOINTMENT Commission had been pulled from the agenda. -POCATELLO (f) Confirm the Mayor’s reappointment of Paige Weber to continue her ARTS COUNCIL service as a member of the Pocatello Arts Council. Ms. Weber’s REAPPOINTMENT term will begin July 2, 2019 and will expire July 2, 2022. -COUNCIL DECISION (g) Adopt the Council’s decision approving the appeal from Applicant, -PERFORMANCE Performance Outdoor, and overturning the Hearing Examiner’s OUTDOOR, APPEAL OF denial of Applicant’s request for an off-premises billboard sign at HEARING EXAMINER’S 507 East Center Street. DENIAL OF REQUEST FOR OFF-PREMISES BILLBOARD REGULAR CITY COUNCIL MEETING 2 JUNE 6, 2019 -COUNCIL DECISION (h) Adopt the Council’s decision approving the final plat for Love 2 Bid –LOVE 2 BID Subdivision, which subdivides approximately 11.05 acres of land into SUBDIVISION ten (10) commercial lots, subject to conditions. The property is FINAL PLAT located at 3400 South 5th Avenue. -COUNCIL DECISION (i) Adopt the Council’s Decision denying the request by Prime Time -DENIAL OF REQUEST Auctions, Inc. for an exemption from Pocatello Municipal Code FROM PRIME TIME 16.24.080 and 16.24.110. AUCTIONS, INC. FOR EXEMPTION FROM CITY CODE REQUIREMENTS -GRANT (j) Approve submission of a grant sponsored by the ASPCA Subaru APPLICATION Dealership in the amount of $2,500.00, authorize acceptance of the -ASPCA AND SUBARU grant and authorize the Mayor to sign, subject to Legal Department PET ADOPTION EVENT review, documents related to the grant. The Share the Love Adoption Event will promote adoption of animals from the Animal Shelter. This is an annual grant request and there is no City match. 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: Councilmember Leeuwrik, on behalf of Mayor Blad, COMMUNICATIONS proclaimed June 2019 to be Healthy Homes Month in Pocatello AND PROCLAMATIONS and urged citizens to become educated on home health and safety hazards and the ways families can protect themselves from these hazards. Faith Wilhelmi, Lead Hazard Control Program Administrator, thanked the Mayor and Council for the proclamation and continued support for the Lead Hazard Control Program in Pocatello. Councilmember Mannan, on behalf of Mayor Blad, proclaimed June 2019 to be Brain Health Awareness Month in Pocatello and urged citizens to help in the fight against Alzheimer’s. Brian Boyce, representing Concentrix, thanked the Mayor and Council for the proclamation and invited citizens to learn more about Alzheimer’s. AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the June 13th Work Session CALENDAR REVIEW at 9:00 a.m. followed by a Budget Development meeting. Mayor Blad announced that the June 20th Regular City Council meeting had been cancelled, as the Mayor and City Council members would be attending an Association of Idaho Cities Conference. He announced that due to the Independence Day holiday, the Regular City Council meeting has been moved from July 4th to July 11th. He announced the following meetings to be held on July 11th: Work Session at 9:00 a.m. immediately followed by a Budget Development meeting; 5:30 p.m. Council Clarification meting; and 6:00 p.m. Regular City Council meeting. Mayor Blad announced the Parks and Recreation “June Joy in the Journey Jog” Fun Run would be held June 8th at 8:00 a.m.; June 7th at 7:30 p.m. would be the Gate City Grays Home Game season opener; REGULAR CITY COUNCIL MEETING 3 JUNE 6, 2019 June 8th a car show benefitting the Senior Center would be held in Old Town. Councilman Cheatum will be the emcee; Idaho High School Rodeo Finals would be held June 8th through the 15th at Bannock County Event Center; June 15th Roar and Pour Wine Walk at Zoo Idaho would be held at 6:00 p.m. Contact the zoo for details; June 16th Father’s Day at the Zoo – Fathers will receive a 50% discount off of their admission when accompanied with a paid child; July 3rd and 4th will be Independence Day Celebration activities and “Biggest Show in Idaho fireworks display at the Bannock County Event Center and Portneuf Wellness Complex. Mayor Blad announced that cat adoptions in June and July would be at a discounted adoption rate. Contact the Animal Shelter for more information. AGENDA ITEM NO. 6: Council was asked to confirm the Mayor’s appointment of Roger APPOINTMENT Schei as Chief of Police effective June 18, 2019. CONFIRMATION -CHIEF OF POLICE A motion was made by Mr. Johnston, seconded by Ms. Mannan, to confirm the Mayor’s appointment of Roger Schei as Chief of Police effective June 18, 2019. Upon roll call, those voting in favor were Johnston, Mannan, Adamson, Bray, Cheatum and Leeuwrik. Roger Schei thanked the Mayor and Council for the appointment and expressed his appreciation to his family and the members of the Pocatello Police Department for their support and dedication. AGENDA ITEM NO. 7: As required by the U.S. Department of Housing and Urban PUBLIC HEARING Development (HUD), this time was set aside for the Council to -CDBG PROGRAM YEAR consider any comments from the public concerning the Program 2018 ANNUAL REPORT Year 2018 Community Development Block (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER). The report was available for public view from May 22 to June 6, 2019, after review and recommendation of approval by the CDBG Advisory Committee. Following the public hearing, Council was asked to approve the report and authorize its submittal, including a summary of any public input, to HUD on or before June 26, 2019. Mayor Blad opened the public hearing. Janae Mitchell, CDBG Program Coordinator, gave an overview of the Consolidated Annual Performance and Evaluation Report (CAPER) for the CDBG program year 2018 which ended March 31, 2019. She highlighted activities undertaken by the City and its housing partner, NeighborWorks Pocatello. Ms. Mitchell added that four new homes were built; down payment and closing cost assistance was provided to qualified homeowners; and 27 owner-occupied homes were rehabilitated. She stated that five sidewalk reconstruction projects were also completed and improvements at local facilities were completed. Ms. Mitchell stated that over $900,000.00 was leveraged while using just under $480,000.00 in federal funding and program income. Many projects are with small local businesses, supporting the community’s economy and individual businesses and citizens. In response to a question from Council, Ms. Mitchell feels that construction of in-fill homes and the rehabilitation of 27 homes for owners who would otherwise not qualify for standard financing were the highlighted projects of the program year. REGULAR CITY COUNCIL MEETING 4 JUNE 6, 2019 Mayor Blad announced no written comments had been received. There being no public comments, Mayor Blad closed the public hearing. A motion was made by Mr. Bray, seconded by Ms. Leeuwrik, to approve the Program Year 2018 Community Development Block (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER) and authorize its submittal, including a summary of any public input, to HUD on or before June 26, 2019. Upon roll call, those voting in favor were Bray, Leeuwrik, Adamson, Cheatum, Johnston and Mannan. AGENDA ITEM NO. 8: This time was set aside for the Council to hear comments from the PUBLIC HEARING public regarding a request to annex 115.32 acres (more or less) south NEVA ROAD/GATHE of Neva Road and west of Gathe Drive. The applicant is requesting DRIVE ANNEXATION Residential Low Density zoning and a Comprehensive Plan Land Use Map designation of Residential. The applicant is McCormick Ranch, LLC (mailing address: 547 Partridge Lane, Rexburg, ID 83440-34579) and is represented by Rocky Mountain Engineering and Surveying (mailing address: 600 East Oak Street, Pocatello, ID 83201). At their meeting on May 8, 2019, the Planning and Zoning Commission recommended approval of the annexation, exempting out 40 acres south and southeast of Neva Road, with conditions recommended by staff. Mayor Blad opened the public hearing. Council members announced there had been no ex parte communication. Mitch Greer, Rocky Mountain Engineering, gave an overview of the property and the proposed annexation. He stated that the Planning and Zoning Commission recommended approval of the annexation, exempting 40 acres south and southeast of Neva Road. Mr. Greer added that the applicant is in agreement with the exemption, as the exempted property is geographically separated by a natural draw and extending City services would be cost prohibitive, if included in the annexation. Carl Anderson, Senior Planner, gave an overview of the application to consider annexation of the outlined property. He stated annexation requirements have been met by the applicant. There being no public comments, Mayor Blad closed the public hearing. A motion was made by Mr. Bray, seconded by Mr. Johnston, to direct staff to prepare an ordinance to annex 75.32 acres (more or less) south of Neva Road and west of Gathe Drive with the following conditions: 1) Applicant shall enter into an Annexation Agreement with the City of Pocatello; 2) an updated legal description of the parcels of land to be annexed, prepared by a licensed surveyor, shall be submitted by the applicant prior to the adoption of the annexation ordinance; 3) any standards/ regulations not herein noted but applicable to the proposed development shall be strictly adhered to; 4) any activity requiring a separate development or building permit shall comply with applicable regulations; 5) all comments and conditions contained in the Public Works Memorandum, dated May 1, 2019 shall be adhered to; 6) City of Pocatello Resolution No. 2006-02 provides for the developer of real property being annexed into the city limits to provide a water source sufficient to support the water needs of the development of said property, or to provide a cash payment of an amount sufficient to purchase a water source utilizing the formula approved by the City Council. As the amount for the water assessment is unknown at this time and shall be established as development occurs, it will be made REGULAR CITY COUNCIL MEETING 5 JUNE 6, 2019 part of the Annexation Agreement; 7) upon annexation, the subject property shall be designated Residential Low Density (RL); and 8) the Comprehensive Plan Map designation for the property shall be Residential (R) and that the decision be set out in appropriate Council decision format. Upon roll call, those voting in favor were Bray, Johnston, Adamson, Cheatum, Leeuwrik and Mannan. AGENDA ITEM NO. 9: Lynda Munk, represented by Rocky Mountain Engineering and LYNDA’S LOTS Surveying (mailing address: 600 East Oak Street, Pocatello, ID SHORT PLAT 83201), has submitted a short plat application to subdivide 0.92 acres -1940 BENCH ROAD (more or less) into three (3) lots. The property is located at 1940 Bench Road and is a replat of Lots 2 and 3, Block 3, East Bench Subdivision. It is located within a Residential Medium Density Multi-Family zoning district. A motion was made by Ms. Mannan, seconded by Ms. Leeuwrik, to approve a request by Lynda Munk, represented by Rocky Mountain Engineering and Surveying and approve a short plat application to subdivide 0.92 acres (more or less) into three (3) lots located at 1940 Bench Road and is a replat of Lots 2 and 3, Block 3, East Bench Subdivision with the following conditions: 1) all comments contained in the Public Works Memorandum from Carl Anderson to Merril Quayle, PE, dated May 21, 2019 shall be adhered to; 2) a building permit may not be issued unless all applicable standards of City Code Section 16.24.100 are adhered to, or a subdivision surety bond and warranty bond are obtained as outlined in City Code 16.24.110, prior to recording; 3) the applicant or the associated property owner shall be responsible for the upkeep and maintenance of all easements on the plat unless otherwise approved by the Pocatello City Council; 4) recorded owner’s Covenants, Conditions and Restrictions (CC&R’s) for the subdivision, if any, must be submitted after the recording of the final plat; and 5) all other standards or conditions of Municipal Code not herein stated but applicable to land subdivision and residential development shall apply and that the decision be set out in appropriate Council decision format. Upon roll call, those voting in favor were Mannan, Leeuwrik, Adamson, Bray, Cheatum and Johnston. AGENDA ITEM NO. 10: Council was asked to consider a request from Old Town Pocatello TEMPORARY STREET (mailing address: PO Box 222, Pocatello, ID 83204) to close the 300 CLOSURE REQUEST block of North Union Pacific Parking Lot July 9 through 14, 2019 -FUN TIME CARNIVAL for a carnival. Fun Time carnival will operate on the following IN OLD TOWN dates: Wednesday from 5:00 p.m. to 8:00 p.m. and all day POCATELLO Thursday, Friday and Saturday. Fun Time Carnival will be set up in the parking lot only. No vehicles will be on the street. A motion was made by Mr. Cheatum, seconded by Ms. Adamson, to approve a request from Old Town Pocatello to close the 300 block of North Union Pacific Parking Lot July 9 through 14, 2019 for Fun Time carnival which will operate Wednesday from 5:00 p.m. to 8:00 p.m. and all day Thursday, Friday and Saturday. Upon roll call, those voting in favor were Cheatum, Adamson, Bray, Johnston, Leeuwrik and Mannan. AGENDA ITEM NO. 11: Council was asked to consider the recommendations of staff for the BID/AGREEMENT following requests regarding the purchase of accessible vans. ACCEPT BID (a) Accept the bid received on May 20, 2019, from Creative Bus Sales, -CREATIVE BUS Inc. in the amount of $128,668.00 (2 raised roof accessible vans at SALES $64,334.00 each) and, if the bid is accepted; AUTHORIZE (b) Authorize the Mayor to sign documents related to the purchase, REGULAR CITY COUNCIL MEETING 6 JUNE 6, 2019 SIGNATURE subject to Legal Department review. -CREATIVE BUS SALES Funds for the purchase are available in the Transit Department Fiscal Year 2019 budget. A motion was made by Mr. Bray, seconded by Ms. Leeuwrik, to accept the recommendations of staff and approve the requests regarding the purchase of accessible vans as outlined in Agenda Item No. 11(a) and 11(b), subject to Legal Department review. In response to a question from Council, Skyler Beebe, Transit Director, stated the new vehicles would replace current vehicles which are not ADA accessible and have been driven over 300,000 miles, in excess of their useful life. He added that the older vehicles would be sent to auction for disposal. Mr. Bray’s motion was voted upon at this time. Upon roll call, those voting in favor were Bray, Leeuwrik, Adamson, Cheatum, Johnston and Mannan. AGENDA ITEM NO. 12: Council was asked to approve submission of the following grant SMALL AIR SERVICE application and, if awarded, authorize acceptance of the grant and DEVELOPMENT authorize the Mayor to sign, subject to Legal Department review, PROGRAM GRANT documents related to the grant. APPLICATION/ ACCEPTANCE A U.S. Department of Transportation Small Community Air Service Development Program grant in the amount of $800,000.00 with a minimum of $80,000.00 cost share consisting of funds donated by the community as well as City and Airport funds. The grant will be used to provide a revenue guarantee and marketing campaign for air service between Pocatello and Denver, if service is instituted by the airline. A motion was made by Mr. Cheatum, seconded by Ms. Mannan, to approve submission of a grant application to U.S. Department of Transportation Small Community Air Service Development Program in the amount of $800,000.00 with a minimum of $80,000.00 cost share consisting of funds donated by the community, City and Airport funds. Upon roll call, those voting in favor were Cheatum, Mannan, Adamson, Bray, Johnston and Leeuwrik. AGENDA ITEM NO. 13: Council was asked to consider an ordinance terminating the revenue ORDINANCE allocation area for the North Yellowstone Project area and requiring –TERMINATING distribution of any surplus determined to exist, pursuant to Idaho NORTH YELLOWSTONE Code §50-2909. PROJECT REVENUE ALLOCATION AREA A motion was made by Mr. Bray, seconded by Mr. Johnston, that the ordinance, Agenda Item No. 13, 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 Bray, Johnston, Adamson, Cheatum, Leeuwrik and Mannan. Jared Johnson, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance terminating the revenue allocation area for the REGULAR CITY COUNCIL MEETING 7 JUNE 6, 2019 North Yellowstone Project area and requiring distribution of any surplus determined to exist, pursuant to Idaho Code §50-2909. 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 the ordinance and summary sheet passed, that it be numbered 3030 and be submitted to the Idaho State Journal for publication. Mayor Blad stated that Pocatello’s goal is to close a TIF district as quickly as possible, in order to bring added valuation to the tax rolls. The North Yellowstone Project TIF district was closed 10 years ahead of schedule. He thanked the City Council for taking the necessary steps to open and close the projects in order to benefit the citizens of Pocatello. AGENDA ITEM NO. 14: Jim Korbus, Pocatello resident, shared his concerns DISCUSSION ITEMS regarding operations at the Animal Shelter. He stated that he is concerned that the actions of the Animal Control Department and Pocatello Police Department are not being thoroughly communicated in order to coordinate effective results. Craig Sheets shared handouts with Councilmembers and shared his concerns regarding meth labs and dangerous contaminants. AGENDA ITEM NO. 15: There being no further business, Mayor Blad adjourned the meeting ADJOURN at 6:51 p.m. APPROVED BY: BRIAN C. BLAD, MAYOR ATTEST: RUTH NEWSOM, CITY CLERK, C.C. PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK