City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL REGULAR CITY COUNCIL MEETING JULY 1, 2021 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. Council members present were PLEDGE OF Heidi Adamson, Roger Bray, Rick Cheatum, Linda Leeuwrik, ALLEGIANCE Claudia Ortega and Chris Stevens. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was offered by Pastor Johnathan Dinger, INVOCATION representing Grace Lutheran 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 of the following meetings: City Council Work Session of March 11, 2021; City Council Special Meetings of May 27, 2021, June 7, 2021 and June 10, 2021; and Clarification and Regular City Council meeting of May 20, 2021. -TREASURER’S (b) Consider the material claims for the month of May 2021 in the REPORT AND amount of $1,841,298.47. Treasurer’s Report will be presented at MATERIAL CLAIMS the July 15, 2021 Regular City Council Meeting. - COMMUNITY (c) Confirm the Mayor’s appointment of Mary Kuehler to serve as a DEVELOPMENT member of the CDBG Advisory Committee, filling a long-term BLOCK GRANT vacancy. Mary’s term will begin July 16, 2021 and will expire ADVISORY January 1, 2024. COMMITTEE APPOINTMENT - HISTORIC (d) Confirm the Mayor’s appointment of Josh Pohlman to serve as a PRESERVATION member of the Historic Preservation Commission, replacing Nick COMMISSION Nielson whose term expired. Josh’s term will begin July 4, 2021 APPOINTMENT and will expire July 4, 2024. -POCATELLO PARKS (e) Confirm the Mayor’s appointment of Nicholas Evans to serve as a AND RECREATION member of the Parks and Recreation Advisory Board, filling a ADVISORY BOARD vacancy. Nicholas’ term will begin July 16, 2021 and will expire APPOINTMENT July 16, 2023. -PLANNING AND (f) Confirm the Mayor’s appointments of Cynthia Andersen and ZONING Taylor Wood to serve as members of the Planning and Zoning COMMISSION Commission, replacing Kailey White whose term expired and APPOINTMENT Samantha Stoddard who resigned. Cynthia’s term will begin July 2, 2021 and will expire July 2, 2025. Taylor’s term will begin July 2, 2021 and will expire November 6, 2024. REGULAR CITY COUNCIL MEETING 2 JULY 1, 2021 -POCATELLO ARTS (g) Confirm the Mayor’s reappointment of Dale Spencer to continue COUNCIL serving on the Pocatello Arts Council. Dale’s term will begin REAPPOINTMENT August 17, 2021 and will expire August 17, 2024. -COUNCIL DECISION (h) Adopt the Council’s decision approving the final plat for High -HIGH TERRACE Terrace Division 1, which subdivides 7.68 acres of land into DIVISION 1 FINAL twenty-seven (27) lots, subject to conditions. The subdivision will PLAT APPROVAL be accessed from an extension of Vista Drive as well as East Center Street. -COUNCIL DECISION (i) Adopt the Council’s decision approving the short plat for High -HIGH TERRACE Terrace Division 2, which subdivides approximately 1.41 acres of DIVISION 2 SHORT land located northeast of the end of Vista Drive and adjacent to PLAT APPROVAL the southern portion of High Terrace Division 1 into four (4) single-family lots, subject to conditions. -COUNCIL DECISION (j) Adopt the Council’s decision approving the final plat for South -SOUTH POINT Point Vistas Division 1, which subdivides 30.48 acres of land into DIVISION 1 32 single family lots, subject to conditions. The subdivision will be APPROVAL accessed from Barton Road, Aramis Drive and D’artagnan Drive. -COUNCIL DECISION (k) Adopt the Council’s decision to approve a request by Jonathan -BREEZY COMMONS Vincent for a Planned Unit Development consisting of TOWNHOMES approximately 7.39 acres of land located east of Philbin Road and PLANNED UNIT north of Cottage Avenue. The development shall consist of 56 DEVELOPMENT residential townhomes and common area, subject to conditions. APPROVAL A motion was made by Mr. Cheatum, seconded by Ms. Adamson, to approve the items on the Consent Agenda. Upon roll call, those voting in favor were Cheatum, Adamson, Bray, Leeuwrik, Ortega and Stevens. AGENDA ITEM NO. 4: Mayor Blad reminded the Council members of the City Council CALENDAR REVIEW Work Session (will include Budget items) to be held on July 8th at 9:00 a.m.; and the following meetings on July 15th: City Council Liaison/Work Session Clarification at 2:00 p.m.; Clarification Meeting at 5:30 p.m.; and Regular Council meeting at 6:00 p.m. Mayor Blad announced City offices would be closed Monday, July 5th in observance of the Independence Day Holiday. Garbage and recycling services will operate as scheduled; on Saturday, July 3rd there will be Independence Day celebration activities and a fireworks display at the Bannock County Event Center and Portneuf Wellness Complex; Ross Park Band Concerts on Sunday Evenings from 7:00 p.m. to 8:00 p.m. during the month of July; Southeast Idaho Senior Games July 9 th-17th; Quinn Meadows Cruise Fun Run on July 10th; Montana Shakespeare in the Park at 6:30 p.m. at ISU Quad on July 22nd and 24th free to the public; and he reminded residents that an open burn ban in Wildland-Urban Interface areas continues. REGULAR CITY COUNCIL MEETING 3 JULY 1, 2021 AGENDA ITEM NO. 5: This time was set aside for the Council to receive comments from -PUBLIC HEARING the public regarding a request by Jared Clinger, represented by -ZIEBARTH ROAD Adam Thayer of Dioptra Geomatics (mailing address: 4880 Clover RIGHT OF WAY Dell Road, Chubbuck, ID 83202) to vacate the public’s interest in VACATION the right-of-way on Ziebarth Road, adjacent to Lot 1 Block 4 of the Cedar Lake Subdivision. Staff found the proposal compliant with all applicable standards with conditions. Mayor Blad opened the public hearing. Council members announced there had been no ex parte communication. Matthew Lewis, Senior Planner, gave an overview of the proposal stating Ziebarth Road is a public road located in Cedar Lake Subdivision which was recorded in 1965. He added the platted Right-Of- Way (ROW) is 60 feet in width, however, the existing paved roadway is only 20 feet in width which is common with all other roadways in the subdivision. Mr. Lewis stated the proposed portion of ROW is adjacent to Lot 4 Block 1 of Cedar Lake Subdivision. He noted the total right-of-way area of the deeded ROW to be vacated encompasses approximately 2,701(+/-) square-feet. Mr. Lewis added the applicant’s property has over 40 feet of elevation change in 150 feet. He noted this lot has been vacant since the subdivision was platted in 1965, likely due to the difficult terrain. Mr. Lewis stated the applicants would like to build a home on the property and is requesting the right-of way vacation in order to place the home in such a manner that would require the least amount of excavation, embankment, and retaining walls. He added that all public notice requirements were met. In response to a question from council, Mr. Lewis stated a 45-foot right-of-way still allows the City to continue to maintain the roadway. Mayor Blad announced that no written correspondence had been received. Jared Clinger read a statement from Heather and John Murray in favor of the Ziebarth Road right-of- way proposal. There being no further public comments, Mayor Blad closed the public hearing. A motion was made by Mr. Bray, seconded by Ms. Stevens, to approve a request by Jared Clinger, represented by Adam Thayer of Dioptra Geomatics, to vacate the public’s interest in the right-of-way on Ziebarth Road and that the decision be set out in appropriate Council decision format and the proposed subdivision is located adjacent to Lot 1 Block 4 of the Cedar Lake Subdivision. Upon roll call, those voting in favor were Bray, Stevens, Adamson, Cheatum, Leeuwrik and Ortega. AGENDA ITEM NO. 6: Council was asked to consider a final plat application submitted by -FINAL PLAT Michael Williams, represented by A & E Engineering (mailing APPLICATION address: PO Box 1327, Pocatello, ID 83204) to subdivide 3.87 -WILLIAMS VIEW acres (more or less) into six (6) lots. The proposed subdivision is SUBDIVISION located south of Barton Road. Staff found the proposal compliant with all applicable standards with conditions. REGULAR CITY COUNCIL MEETING 4 JULY 1, 2021 A motion was made by Ms. Leeuwrik, seconded by Mr. Cheatum, to approve a final plat application request submitted by Michael Williams, represented by A & E Engineering to subdivide 3.87 acres (more or less) into six (6) lots. Staff found the proposal compliant with all applicable standards 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 June 22, 2021, shall be met; 3) A building permit may not be issued unless all applicable standards of Pocatello Municipal Code (PMC) 16.24.100 are adhered to, or a subdivision surety bond and warranty bond are obtained as outlined in PMC 16.24.110 prior to recording; 4) Prior to recording of the plat, the area to remain undisturbed shall be shown on the plat and delineated with a building restriction line. The boundaries shown on the plat shall be surveyed and staked prior to construction beginning. All other standards of PMC 17.05.140 shall apply. All building permit applications for structures on lots with a natural slope of 15% or greater shall be accompanied by a geotechnical assessment; 5) A revegetation plan shall be submitted at the time of the initial building permit which clearly shows how the development preserves existing vegetation and addresses the City’s erosion and sediment control requirements. Pursuant to City Code, all nonresidential landscaping shall include native species of the sagebrush steppe plant community; 6) The Idaho Department of Fish and Game’s request regarding fencing, open space and movement corridors for wildlife, landscaping and making property owners aware of wildlife preservation requirements shall be included in the development’s CC&Rs; 7) The Intermountain Gas Easement and Right-of-Way Agreement recorded as Bannock County Instrument No.324060 shall be enforced; 8) As the property is located in a designated Wildland Urban Interface, use of firewise building materials and landscaping principles shall be required per City Fire Department Regulations E.1.j.; and 9) 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 proposed subdivision is located south of Barton Road. Upon roll call, those voting in favor were Leeuwrik, Cheatum, Adamson, Bray, Ortega and Stevens. AGENDA ITEM NO. 7: Council was asked to accept staff recommendations and -AMBULANCE approve acceptance of a donation of one (1) 1999 Ford F35 DONATION ambulance from Bannock County, subject to Legal Department ACCEPTANCE FROM review. If approved, the equipment will be used by the Crisis BANNOCK COUNTY Negotiation Team for mobile negotiations. Council may also -POLICE DEPARTMENT authorize the Mayor’s signature on all applicable documents. There is no cost to the City. There are no additional requirements for acceptance of the donation. A motion was made by Ms. Adamson, seconded by Ms. Leeuwrik, to accept the donation of one (1) 1999 Ford F35 ambulance from Bannock County and authorize the Mayor’s signature on all applicable documents, subject to Legal Department review. Upon roll call those voting in favor were Adamson, Leeuwrik, Bray, Cheatum, Ortega and Stevens. AGENDA ITEM NO. 8: Council was asked to adopt a Resolution and authorize -COOPERATIVE the Mayor’s signature on an agreement between the Idaho AGREEMENT FOR Transportation Department and the City of Pocatello for a change SOUTH VALLEY order in the amount of $16,882.00 paid to the City for work done CONNECTOR CHANGE on the South Valley Connector, which was not previously ORDER/RESOLUTION addressed. Upon payment, the City will accept the project as -IDAHO complete. TRANSPORTATION DEPARTMENT REGULAR CITY COUNCIL MEETING 5 JULY 1, 2021 A motion was made by Mr. Bray, seconded by Ms. Leeuwrik to adopt a Resolution (2021-10) and authorize the Mayor’s signature on an agreement between the Idaho Transportation Department and the City of Pocatello for a change order in the amount of $16,882.00 paid to the City for work done on the South Valley Connector, which was not previously addressed and authorize the Mayor’s signature on all applicable documents, subject to Legal Department review. Upon payment, the City will accept the project as complete. Upon roll call those voting in favor were Bray, Leeuwrik, Adamson, Bray, Cheatum, Ortega and Stevens. AGENDA ITEM NO. 9: Council was asked to consider the following items for the Carson -RESOLUTION/LHTAC Street Bridge Project, subject to Legal Department review: LOCAL AGREEMENT FOR CARSON STREET BRIDGE PROJECT -APPROVE AGREEMENT a) Approve an LHTAC/Local Agreement between the City of BETWEEN CITY Pocatello and the Local Highway Technical Assistance Council AND LHTAC (LHTAC) for the construction of the Carson Street Bridge Project; -ADOPT RESOLUTION b) Adopt a Resolution approving the LHTAC/Local Agreement between the City of Pocatello and LHTAC for the construction of the Carson Street Bridge Project; -AUTHORIZE MAYOR’S c) Authorize the Mayor to execute the LHTAC/Local SIGNATURE Agreement with LHTAC for the Carson Street Bridge Project; and -AUTHORIZE PAYMENT d) Authorize payment of the current required local match from Fund 70 in the amount of $167,657.85. The scope of the Carson Street Bridge Project includes complete replacement of the bridge, sidewalk upgrades, street sign upgrades and minor landscape upgrades. The Carson Street Bridge reconstruction Project is a federally-funded project, requiring an LHTAC/Local Agreement, with a 7.34% match of $167,657.85. The amount represents the entire amount required of the City during construction, including utility relocation, construction engineering and inspection and construction contracts. A motion was made by Ms. Leeuwrik, seconded by Mrs. Ortega, adopt a Resolution (2021-11) and authorize the Mayor’s signature on an agreement between the City of Pocatello and the Local Highway Technical Assistance Council (LHTAC) for the construction of the Carson Street Bridge Project, subject to Legal Department review and authorize payment of the required local match in the amount of $167,657.85. Upon roll call, those voting in favor were Leeuwrik, Ortega, Adamson, Bray, Cheatum, and Stevens. AGENDA ITEM NO. 10: Council was asked to consider the following items, subject to Legal -CARSON STREET Department review, to allow Idaho Power to temporarily power BRIDGE UTILITY down, relocate and power up lines that will be conflicting with RELOCATION COST construction equipment needed for the Carson Street Bridge AGREEMENT Replacement Project: REGULAR CITY COUNCIL MEETING 6 JULY 1, 2021 -APPROVE UTILITY a) Approve the Utility Relocation Cost Agreement between the RELOCATION COST City and Idaho Power Company for the Carson Street Bridge AGREEMENT Project, estimated in the amount of $60,000.00, which will be -IDAHO POWER reimbursed to the City. -AUTHORIZE MAYOR’S b) Authorize the Mayor to execute the Utility Relocation Cost SIGNATURE Agreement for the Carson Street Bridge Project; and -AUTHORIZE PAYMENT c) Authorize payment of the Utility Relocation Cost Agreement pursuant to the terms of the Agreement. The Project is part of a bridge bundle grant that was applied for by the Local Highway Technical Assistance Council (LHTAC). A motion was made by Mr. Bray, seconded by Mrs. Ortega, to approve the Utility Relocation Cost Agreement between the City and Idaho Power Company as outlined in Agenda Item 10 (a) through 10 (c). Upon roll call, those voting in favor were Bray, Ortega, Adamson, Cheatum, Leeuwrik and Stevens. AGENDA ITEM NO. 11: Council was asked to adopt a Resolution and authorize the Mayor -RESOLUTION/ to sign a lease agreement with Teton Leasing, LLC for land at the AIRPORT LEASE airport upon which Lessee will build an aircraft hangar to be leased AGREEMENT to AvCenter, Inc. for expansion of its Fixed Base Operations. The -TETON LEASING, LLC leased premises is approximately 48,400 square feet of bare ground. The proposed term is 20 years with two 15-year renewal options and proposed rental rate is $992.20 per month. A motion was made by Mr. Cheatum, seconded by Ms. Stevens, to adopt a Resolution (2021-12) and authorize the Mayor to sign a lease agreement with Teton Leasing, LLC, subject to Legal Department review, for land at the airport upon which Lessee will build an aircraft hangar to be leased to AvCenter, Inc. for expansion of its Fixed Base Operations. The leased premises is approximately 48,400 square feet of bare ground. The proposed term is 20 years with two 15-year renewal options and proposed rental rate is $992.20 per month. Upon roll call, those voting in favor were Cheatum, Stevens, Adamson, Bray, Leeuwrik and Ortega. AGENDA ITEM NO. 12: Scott Robinson, Pocatello Resident, shared his feelings –ITEMS FROM THE regarding the current utility billing arrangement policy. AUDIENCE AGENDA ITEM NO. 13: There being no further business, Mayor Blad adjourned the ADJOURN meeting at 6:26 p.m. APPROVED BY: BRIAN C. BLAD, MAYOR REGULAR CITY COUNCIL MEETING 7 JULY 1, 2021 ATTESTED BY: KONNI R. KENDELL, CITY CLERK PREPARED BY: WENDY A. PRATHER, DEPUTY CITY CLERK