City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL REGULAR CITY COUNCIL MEETING DECEMBER 19, 2019 AGENDA ITEM NO. 1: The Regular City Council meeting was called to order at 6:00 p.m. ROLL CALL AND by Mayor Brian Blad. Councilmembers 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 Tim Bridges representing Calvary INVOCATION Chapel. 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 following meetings: September 19, 2019 and November 21, 2019 City Council Liaison/Work Session Clarification meetings; October 3, 2019; October 17, 2019, November 21, 2019 and December 5, 2019 Clarification and Regular Council meetings. -TREASURER’S (b) Consider the Treasurer’s Report for November showing cash and REPORT investments as of November 30, 2019 in the amount of $55,772,588.08. -CDBG ADVISORY (c) Confirm the Mayor’s reappointment of Shannon Ansley to continue COMMITTEE her service as a member of the CDBG Advisory Committee. Ms. REAPPOINTMENT Ansley’s term will begin January 1, 2020 and will expire January 1, 2023. -CONSTRUCTION (d) Confirm the Mayor’s reappointment of Terry Swallow to continue BOARD OF APPEALS his service as a member of the Construction Board of Appeals and AND REVIEW Review. Mr. Swallow’s term will begin December 31, 2019 and will REAPPOINTMENT expire December 31, 2021. -CONSTRUCTION (e) Confirm the Mayor’s appointment of Lynn Transtrum to serve as a BOARD OF APPEALS member of the Construction Board of Appeals and Review, AND REVIEW replacing Michael Bright whose term expired. Mr. Transtrum’s term APPOINTMENT will begin December 31, 2019 and will expire December 31, 2021. -HOUSING ALLIANCE (f) Confirm the Mayor’s appointment of Kevin Bailey to serve as a AND COMMUNITY member of the Housing Alliance and Community Partnerships PARTNERSHIPS Board, replacing Jared Marchand who resigned. Mr. Bailey’s term APPOINTMENT will begin December 20, 2019 and expire August 17, 2021. -RESOLUTION (g) Adopt a resolution (2019-13) dissolving the African Sister Cities -DISSOLVING AFRICAN Subcommittee. The members will be joining the Sister Cities SISTER CITIES Foundation of Pocatello to continue facilitating the City of SUBCOMMITTEE Pocatello’s relationship with Kwaremanguel, Burkina Faso, Africa. REGULAR CITY COUNCIL MEETING 2 DECEMBER 19, 2019 -B.I.D. MANAGEMENT (h) Approve a renewal of the Management Agreement with Old Town AGREEMENT Pocatello, subject to Legal Department review, to administer and -OLD TOWN manage the operations of the Business Improvement District POCATELLO (B.I.D.). Council may also wish to acknowledge that they have reviewed the employment agreement of Stephanie Palagi with Old Town Pocatello as provided for in the management agreement. -IDAHO STATE (i) Authorize submission of the Fiscal Year 2020 Certified Local HISTORIC Government Grant application to the Idaho State Historical PRESERVATION Preservation Office. This year’s application is in the amount of OFFICE CERTIFIED $9,000.00 with a match of $15,000.00 in Administration/General LOCAL GOVERNMENT Support. The work program for this year includes the required local GRANT match to host the 2020 Idaho Heritage Conference and to send at least one member each of staff and the commission to the NAPC Forum. Council may wish to authorize the Mayor’s signature on the grant contract, if awarded, and any related subcontracts or documents, subject to Legal Department review. -COUNCIL DECISION (j) Adopt the Council’s decision approving the short plat for Wallace -WALLACE Subdivision, which subdivides approximately .44 acres of land into SUBDIVISION three (3) residential lots, subject to conditions. The property is SHORT PLAT located at 517 McKinley Avenue. Mr. Cheatum asked that Agenda Item No. 3(a) be considered as a separate agenda item. He added that he was not present at the meetings which minutes were being considered for approval. A motion was made by Mr. Johnston, seconded by Ms. Leeuwrik, to approve Agenda Items 3(b) through 3(j) on the consent agenda. Upon roll call, those voting in favor were Johnston, Leeuwrik, Adamson, Bray, Cheatum and Mannan. A motion was made by Mr. Johnston, seconded by Ms. Leeuwrik, to approve Agenda Item No. 3(a) as outlined. Upon roll call, those voting in favor were Johnston, Leeuwrik, Adamson, Bray and Mannan. Cheatum voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 4: Mayor Blad announced there were no proclamations. PROCLAMATIONS AND COMMUNICATIONS AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the January 2nd Agenda CALENDAR REVIEW Clarification meeting at 5:30 p.m.; January 2nd Regular City Council meeting at 6:00 p.m.; and the January 9th Work Session at 9:00 a.m. Mayor Blad announced City offices would be closed December 25th to observe the Christmas holiday and January 1st to observe the New Year’s Day holiday. Garbage and recycling pickups will be delayed by one day; December 26th through the 31st will be a special garbage pickup for Christmas overflow. Bags or boxes of extra holiday trash will be picked up on the same day as the regularly scheduled pick up; December 26th through January 8th Christmas tree collection sites will be available at the following locations: City Hall; Rainey Park on South Arthur; and Sister City Park entrance on Pocatello Creek Road. Trees will be chipped and used in landscaping projects. Be sure to remove all strings, wires and other objects to avoid damage to the City’s wood chipping equipment; the Marshall Public Library has shortened service hours during December. Hours will be 10:00 a.m. to 6:00 p.m. Regular hours will return on January 2nd; Community Recreation Center hours on December 24th and December 31st will REGULAR CITY COUNCIL MEETING 3 DECEMBER 19, 2019 be 6:00 a.m. to 3:00 p.m. Community Recreation Center will be closed on December 25th for Christmas Day and January 1st for New Year’s Day; January 2nd at 4:00 p.m. will be an appreciation reception for Council members Jim Johnston and Beena Mannan at City Hall. Mayor Blad reminded citizens to keep the sidewalks in front of their homes and businesses clear of snow and ice. AGENDA ITEM NO. 6: This time was set aside for the Council to receive public comments PUBLIC HEARING on Proposed Fiscal Year 2020 Budget amendments. An ordinance -PROPOSED FISCAL has been prepared for Council’s consideration under Agenda Item YEAR 2020 No. 15(a). BUDGET AMENDMENTS Mayor Blad opened the public hearing. Ashley Welsh, Chief Financial Officer, gave an overview of the proposed amendments to the Fiscal Year 2020 budget. Mayor Blad announced no written correspondence had been received. Nikki Taysom, Pocatello resident, spoke in opposition to the proposed budget and stated she feels the City should not be providing sanitation and street services. She asked for clarification on capital contingency fund expenditures. Ms. Welsh stated capital contingency funds must be used for capital projects only. There being no further public comments, Mayor Blad closed the public hearing and announced that an ordinance had been prepared for Council’s consideration under Agenda Item No. 15(a). AGENDA ITEM NO. 7: This time was set aside for the Council to receive public comment PUBLIC HEARING on the proposed Community Development Block Grant (CDBG) -PROPOSED CDBG Program Year 2020 Action Plan. The CDBG Advisory Committee PROGRAM YEAR 2020 recently completed its annual grant application process, concluding ANNUAL ACTION PLAN with a recommendation of approval at their meeting on November 12 and 14, 2019. A 30-day comment period began November 19, 2019 and concluded December 19, 2019. Following the public hearing, Council was asked to endorse or modify the Advisory Committee’s recommendations and authorize submission, including any public comments, of the Program Year 2020 Action Plan to the Department of Housing and Urban Development (HUD). The Council was also asked to authorize the Mayor’s signature on all requisite contract documents, subject to Legal Department review, with HUD and any sub-recipients or subcontractors. Mayor Blad opened the public hearing. Lisa Smith, CDBG Grant Administrator, gave an overview of the proposed CDBG Program Year 2020 Annual Action Plan. She stated the action plan was built assuming the same allocation as the current program year of $441,414.00, but the actual amount would not be determined until after the federal budget action. Ms. Smith added the CDBG Advisory Committee recommended a list of conditions that should cover any adjustments up to 25 percent. REGULAR CITY COUNCIL MEETING 4 DECEMBER 19, 2019 Mayor Blad announced no written correspondence had been received. Nikki Taysom, Pocatello resident, spoke in opposition to the proposal. She declared her support of the U.S. Constitution. There being no further public comments, Mayor Blad closed the public hearing. A motion was made by Mr. Bray, seconded by Ms. Mannan, to approve the Community Development Block Grant (CDBG) Program Year 2020 Annual Action Plan and endorse the Advisory Committee’s recommendations and authorize submission, including any public comments, of the Program Year 2020 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 sub-recipients or subcontractors. Upon roll call, those voting in favor were Bray, Mannan, Adamson, Cheatum, Johnston and Leeuwrik. AGENDA ITEM NO. 8: Chet Lackey of Mega Marketing, LLC (mailing address: 165 Snow SHORT PLAT Peak Blvd., Pocatello, ID 83201) represented by Rocky Mountain -LACKEY’S LOTS Engineering and Surveying (mailing address: 600 East Oak Street, SUBDIVISION Pocatello, ID 83201), has submitted a short plat to subdivide 1.12 acres (more or less) into three (3) residential lots. The subdivision is located at 2651 Grant Avenue and is to be known as Lackey’s Lots. A motion was made by Mr. Johnston, seconded by Mr. Cheatum, to approve a request by Chet Lackey of Mega Marketing, LLC represented by Rocky Mountain Engineering and Surveying, to approve a short plat to subdivide 1.12 acres (more or less) into three (3) residential lots 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 December 11, 2019 shall be met; 3) Subdivision Covenants, Conditions and Restrictions (CCR’s), if applicable, shall be submitted to the City; 4) 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; 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 but applicable to residential development shall apply and that the decision be set out in appropriate Council decision format and that the subdivision, located at 2651 Grant Avenue, is to be known as Lackey’s Lots. Upon roll call, those voting in favor were Johnston, Cheatum, Adamson, Bray, Leeuwrik and Mannan. AGENDA ITEM NO. 9: Billy Satterfield of Juniper Land Corporation (mailing address: 2980 FINAL PLAT Clearwater, Pocatello, ID 83201) represented by Rocky Mountain -JUNIPER RESERVE Engineering and Surveying (mailing address: 600 East Oak Street, DIVISION 3 Pocatello, ID 83201), has submitted a final plat application requesting to subdivide 8.18 acres, into thirteen (13) residential lots to be known as Juniper Reserve Division 3. The proposed subdivision is located north of Juniper Reserve Division 2 and will be accessed from Shadowpines Way. A motion was made by Ms. Adamson, seconded by Mr. Cheatum, to approve a request from Billy Satterfield of Juniper Land Corporation, represented by Rocky Mountain Engineering and Surveying and approve a final plat application request to subdivide 8.18 acres, into thirteen(13) residential lots to be known as Juniper Reserve Division 3 with the following conditions: 1) all conditions on the Final Plat Subdivision Application Staff Report shall be met; 2) all conditions set out in the Public Works Department Memorandum from Merril Quayle, P.E. dated December 2, 2019 shall be met; 3) all standards of Pocatello Municipal Code 17.05.140 shall be met at the time of final plat application REGULAR CITY COUNCIL MEETING 5 DECEMBER 19, 2019 submittal; 4) all other standards and conditions of Municipal Code not herein stated but applicable to residential development shall apply; and 5) 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 is obtained as outline in City Code 16.24.110, prior to recording and that the decision be set out in appropriate Council decision format and that the subdivision, located north of Juniper Reserve Division 2 will be accessed from Shadowpines Way. Upon roll call, those voting in favor were Adamson, Cheatum, Bray, Johnston, Leeuwrik and Mannan. AGENDA ITEM NO. 10: Council was asked to consider a request from Information IDAPTIVE TWO FACTOR Technology (IT) staff to approve a contract with Idaptive in the AUTHENTICATION amount of $13,167.59 for two-factor authentication for CONTRACT implementation on the City’s computer systems. -IT DEPARTMENT The purchase request includes implementation and one-year maintenance. Funds are available in IT’s Fiscal Year 2020 budget. A motion was made by Mr. Bray, seconded by Mr. Johnston, to approve a request from Information Technology (IT) staff to approve a contract with Idaptive in the amount of $13,167.59 for two-factor authentication for implementation on the City’s computer system and that the purchase request includes implementation and one-year maintenance. Ms. Adamson stated she is in favor of cybersecurity, but would be voting in opposition to the proposed expenditure, as she feels it is more appropriate for expenditures to be approved through the budget process. In response to a question from Council, Chris Sorensen, Chief Information Officer, stated that two factor authentication is highly recommended to ensure security. He feels adding a layer of security to City computer systems may help the City stay ahead of potential security breaches. Ms. Leeuwrik stated she also feels it is a necessary to stay up to date on security measures, but would prefer the expenditures to be approved through the budget process. Mr. Bray’s motion was voted upon at this time. Upon roll call, those voting in favor were Bray, Johnston, Cheatum, Leeuwrik and Mannan. Adamson voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 11: Council was asked to adopt a resolution affirming the City’s consent RESOLUTION/LETTER to the resettling of refugees in our community and authorizing the -AFFIRMING CITY’S Mayor to sign a letter to the US State Department consenting to CONSENT TO THE such refugee resettling. RESETTLING OF REFUGEES Larry Gebhardt, BRIDGES representative, gave an overview of the purpose of BRIDGES. He stated that BRIDGES is a Southeast Idaho group of citizens welcoming refugees to Idaho to help them achieve economic independence and social integration. Mr. Gebhardt added that many refugees emigrate through the refugee center at the College of Southern Idaho in Twin Falls and many others are sponsored by individuals or organizations. He added that many refugees have previous professional or technical training and have the opportunity to further their education leading to productive careers in the United States. Mr. Gebhardt stated that many times individuals will live in other countries to REGULAR CITY COUNCIL MEETING 6 DECEMBER 19, 2019 become economically independent before settling in the United States. He added that individuals who have legally participated in the formal immigration process associated with BRIDGES have had a 98 percent success rate in employment and economic stability. A motion was made by Ms. Leeuwrik, seconded by Ms. Adamson, to adopt a resolution (2019-14) affirming the City’s consent to the resettling of refugees in our community and authorizing the Mayor to sign a letter to the US State Department consenting to such refugee resettling. Upon roll call, those voting in favor were Leeuwrik, Adamson, Bray, Cheatum, Johnston and Mannan. AGENDA ITEM NO. 12: Council was asked to accept the recommendation of staff and award PIGGY BACK BIDS the following piggy-back bids, and if they are accepted, authorize the –PUBLIC WORKS Mayor to sign the necessary documents, subject to Legal VEHICLES Department review. SANITATION a) Three (3) 2020 Peterbilt 520 commercial front load refuse trucks on FRONT LOADERS a Sourcewell Contract with Peterbilt Motors Company in the sum of –PETERBILT MOTORS $296,378.48 each, totaling $889,135.44; SANITATION b) One (1) Peterbilt Model 567 Roll Off Truck on a Sourcewell ROLL OFF TRUCK contract with Peterbilt Motors Company in the sum of $182,853.00; -PETERBILT MOTORS WATER c) One (1) Peterbilt Model 567 Dump Truck on a Sourcewell Contract DUMP TRUCK with Peterbilt Motors Company in the sum of $151,697.00. (This -PETERBILT MOTORS price reflects the Water Department’s trade-in of one (1) 2002 Volvo Dump Truck, providing a total of $15,000.00 trade-in value.); and WATER d) One (1) 2020 850 Ramjet 2021 Kenworth T370 jet truck on a POLLUTION Sourcewell Contract with Federal Signal Corporation in the sum of CONTROL $263,968.96. JET TRUCK -FEDERAL SIGNAL CORPORATION Funds for the proposed purchases have been budgeted in each department’s Fiscal Year 2020 budget. A motion was made by Mr. Cheatum, seconded by Mr. Johnston, to accept the recommendation of staff and award the piggy-back bids as outlined in Agenda Item No. 12(a) through 12(d) and authorize the Mayor to sign the necessary documents, subject to Legal Department review. In response to a question from Council, Tom Kirkman, Deputy Public Works Director, explained that the Sanitation Department is moving to a program utilizing front loading trucks for dumpsters. He added that front loading trucks can be operated by one crew member, reducing operating costs and potential injuries. Mr. Cheatum’s motion was voted upon at this time. Upon roll call, those voting in favor were Cheatum, Johnston, Adamson, Bray, Leeuwrik and Mannan. REGULAR CITY COUNCIL MEETING 7 DECEMBER 19, 2019 AGENDA ITEM NO. 13: Council was asked to authorize the Mayor to submit a Letter of LETTER OF INTENT Intent, subject to Legal Department review, to Millennial -NORTHGATE UPPER Development Partners and Portneuf Development, LLC regarding WATER LINE the upper water line loop of the Northgate Development area as PROJECT discussed at the December 12, 2019 Work Session. A motion was made by Mr. Johnston, seconded by Mr. Cheatum, to authorize the Mayor to submit a Letter of Intent, subject to Legal Department review, to Millennial Development Partners and Portneuf Development, LLC regarding the upper water line loop of the Northgate Development. Mr. Bray stated the Letter of Intent does not commit the City of Pocatello to future agreements or expenditures, but states the City will work with the developers. Mr. Johnston’s motion was voted upon at this time. Upon roll call, those voting in favor were Johnston, Cheatum, Adamson, Bray, Leeuwrik and Mannan. AGENDA ITEM NO. 14: Council may wish to consider the following requests regarding a RESOLUTION/ Federal Aid Bridge Grant. The grant will be used for repairs to APPLICATION/ Benton Street Bridge over the Portneuf River. AGREEMENT FOR FEDERAL AID BRIDGE GRANT-BENTON STREET BRIDGE OVER THE PORTNEUF RIVER ADOPT RESOLUTION a) Adopt a resolution authorizing staff to apply for a Federal -FEDERAL BRIDGE Aid Bridge Grant in the amount of $451,000.00 (local match is GRANT 7.34% or $33,104.00 to be used from Fund 70); and -AUTHORIZE b) Authorize the Mayor to sign the project application packet and MAYOR’S execute any additional documents with the State of Idaho regarding SIGNATURE the project, subject to Legal Department review. This Federal Aid Bridge Grant program can be used for replacement, rehabilitation and preservation of bridges. The 2019 bridge inspection report for Benton Bridge over the Portneuf River resulted in a reduction of its loading capacity. A motion was made by Mr. Bray, seconded by Ms. Leeuwrik, to a) adopt a resolution (2019-15) authorizing staff to apply for a Federal Aid Bridge Grant in the amount of $430,000.00 (local match to be 7.34% to be used from Fund 70); and b) authorize the Mayor to sign the project application packet and execute any additional documents with the State of Idaho regarding the project, subject to Legal Department review as related to a Federal Aid Bridge Grant to be used for repairs to Benton Street Bridge over the Portneuf River. Upon roll call, those voting in favor were Bray, Leeuwrik, Adamson, Cheatum, Johnston and Mannan. REGULAR CITY COUNCIL MEETING 8 DECEMBER 19, 2019 AGENDA ITEM NO. 15: Council may wish to consider the following ordinances: ORDINANCES AMEND FISCAL a) An ordinance approving an amendment to the Fiscal Year 2020 YEAR 2020 Appropriations Ordinance increasing the total Fiscal Year APPROPRIATIONS expenditures by $2,904,571.00 to account for additional revenues, ORDINANCE including grant funds received by the City and to use previously unappropriated cash balances for unanticipated expenses incurred by the City. A motion was made by Ms. Adamson, seconded by Mr. Bray, that the ordinance, Agenda Item No. 15(a), be read only by title and placed on final passage for publication, and that the full ordinance be submitted for publication. Upon roll call, those voting in favor were Adamson, Bray, Cheatum, Johnston, Leeuwrik and Mannan. Jared Johnson, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance approving an amendment to the Fiscal Year 2020 Appropriations Ordinance increasing the total Fiscal Year expenditures by $2,904,571.00 to account for additional revenues. Mr. Bray clarified that additional money is not being spent and that an amendment to the Appropriations Ordinance allows the City to account for additional revenue and approve expenditures appropriately. 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 passed, that it be numbered 3041 and be submitted to the Idaho State Journal for publication. REPEAL b) An ordinance repealing Pocatello Municipal Code Title 15, Chapter MUNICIPAL CODE 8, Section 50 “Additional Provisions and Exceptions to the National “ADDITIONAL PROVISIONS Electrical Code.” AND EXCEPTIONS TO THE NATIONAL ELECTRICAL CODE” A motion was made by Mr. Cheatum, seconded by Ms. Leeuwrik, that the ordinance, Agenda Item No. 15(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 Cheatum, Leeuwrik, Adamson, Bray, Johnston and Mannan. Jared Johnson, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance repealing Pocatello Municipal Code Title 15, Chapter 8, Section 50 “Additional Provisions and Exceptions to the National Electrical Code.” 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 passed, that it be numbered 3042 and be submitted to the Idaho State Journal for publication. AGENDA ITEM NO. 16: Nikki Taysom, Pocatello resident, shared her support for the DISCUSSION ITEMS Constitution of the United States. REGULAR CITY COUNCIL MEETING 9 DECEMBER 19, 2019 Mike Seibert, Pocatello resident, distributed written information to Council members regarding City ordinances. AGENDA ITEM NO. 17: There being no further business, Mayor Blad adjourned the meeting ADJOURN at 7:06 p.m. APPROVED BY: BRIAN C. BLAD, MAYOR ATTEST: RUTH NEWSOM, C.C., CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CITY CLERK