City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL REGULAR CITY COUNCIL MEETING AUGUST 5, 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 Tamilyn Carson, Buddhist INVOCATION representative. 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 April 8, 2021 and Clarification and Regular City Council meetings of June 3, 2021, July 1, 2021 and July 15, 2021. - MATERIAL CLAIMS (b) Consider the material claims for the month of July 2021 in the amount of $2,751,121.70. -ANIMAL SHELTER (c) Confirm the Mayor’s appointment of Beverly Dixon to serve as a ADVISORY member of the Animal Shelter Advisory Board, replacing BOARD Roseanne Vigueras. Beverly’s term will begin August 6, 2021 and APPOINTMENT expire September 22, 2022. -HISTORIC (d) Confirm the Mayor’s reappointment of Joshua Kiggins to serve as PRESERVATION a member of the Historic Preservation Commission, replacing COMMISSION Latecia Herzog whose term expired. Joshua’s term will begin APPOINTMENT August 6, 2021 and will expire August 6, 2024. -PLANNING AND (e) Confirm the Mayor’s appointment of Nathan Roberts to serve as ZONING a member of the Planning and Zoning Commission, replacing Jill COMMISSION Kirkham whose term expired. Nathan’s term will begin APPOINTMENT August 6, 2021 and will expire August 6, 2025. -POCATELLO ARTS (f) Confirm the Mayor’s reappointment of Cameron Dey to continue COUNCIL serving on the Pocatello Arts Council. Cameron’s term will begin REAPPOINTMENT August 17, 2021 and will expire August 17, 2024. -COUNCIL DECISION (g) Adopt the Council’s decision approving the final plat for Juniper JUNIPER RESERVE Reserve Division 4, which subdivides approximately 4.58 acres of DIVISION 4 land into ten (10) residential lots, subject to conditions. The FINAL PLAT subdivision is zoned Residential Low Density (RL) and will be accessed from the proposed southward extension of Windsong Lane. REGULAR CITY COUNCIL MEETING AUGUST 5, 2021 -COUNCIL DECISION (h) Adopt the Council’s decision to vacate and abandon the public’s VACATION OF A interest of approximately 2,701 square feet of right-of-way PORTION OF associated with Ziebarth Road. ZIEBARTH ROAD RIGHT-OF-WAY -COUNCIL DECISION (i) Adopt the Council’s decision approving the final plat for WILLIAMS VIEW Williams View Subdivision, which subdivides 3.87 acres SUBDIVISION of land into six lots, subject to conditions. The FINAL PLAT subdivision is zoned Residential Medium Density Single-Family APPROVAL (RMS) and will be accessed from a private road extending south from Barton Road. A motion was made by Mr. Cheatum, seconded by Ms. Leeuwrik, to approve the items on the Consent Agenda. Upon roll call, those voting in favor were Cheatum, Leeuwrik, Adamson, Bray, Ortega and Stevens. AGENDA ITEM NO. 4: Mayor Blad reminded the Council members of the August 11th CALENDAR REVIEW City Council Budget Meeting at 1:30 p.m.; the Council Work Session be held August 12th at 9:00 a.m.: and the following meetings to be held on August 19th: City Council Liaison/Work Session Clarification meeting to be held at 2:00 p.m.; Clarification meeting at 5:30 p.m. and the Regular City Council meeting at 6:00 p.m. Mayor Blad announced the Joint Jaunt Fun Run, sponsored by Portneuf Total Joint Center, would be held August 14th. Contact Community Recreation Center for more information; Open burn ban in Wildland-Urban Interface areas continues; and he reminded residents that citizens are required to wear face coverings when entering any City of Pocatello building or facility, while riding in public transportation buses or traveling through Pocatello City Airport. Mayor Blad noted that today was the first day to have more than fifteen (15) COVID-19 cases per ten-thousand (10,000) people and reminded Council of Ordinance No. 3061 which states that if there are more than fifteen (15) COVID- 19 cases per ten-thousand (10,000) people for fourteen (14) consecutive days, a Special City Council meeting would be called to consider repealing Ordinance No. 3061. AGENDA ITEM NO. 5: This time was set aside for the Council to receive public PUBLIC HEARING comments on the proposed Fiscal Year 2022 City Budget. -PROPOSED FISCAL YEAR 2022 BUDGET Mayor Blad opened the public hearing. Jim Krueger, Chief Financial Officer, stated that the public hearing was for the purpose of inviting public comment on the Fiscal Year 2022 proposed budget which begins October 1, 2021. He gave introductory comments outlining the budget creation process, which included multiple meetings open to the public. Mr. Krueger explained the general fund and different types of revenue. Mayor Blad announced no additional written correspondence had been received regarding the proposed Fiscal Year 2021 budget. Lydia Noble, Pocatello resident, spoke in opposition to the proposal. She feels the current budget is unsustainable without increasing taxes. REGULAR CITY COUNCIL MEETING AUGUST 5, 2021 Jean Haneke, Pocatello resident, spoke in support of the proposal. She stated she is willing to pay more taxes to maintain and improve services the city offers to its residents. Lisa Armijo, Pocatello property owner, spoke uncommitted to the proposed budget. She expressed her concerns about cutting city positions. Ruta Casabianca, Pocatello resident, spoke uncommitted to the proposed budget. She feels the city needs to keep supporting community services, recreational activities and working together to bring accessible recreational activities for our community’s youth. Noreen Wilde, Pocatello resident, spoke uncommitted to the proposed budget. She stated she is against any cuts to employees, libraries, parks or team sports. Heather Disselkoen, Pocatello resident, spoke in opposition to the proposal. She expressed concern with local taxation, increases in the budget and lack of communication from City officials. Krystal Chanda, Pocatello resident, spoke uncommitted to the proposed budget. She expressed her concerns of Council members not working together for the betterment of the City as a whole. Mayor Blad reminded the audience that the public hearing is designed for individual citizens to express their concerns and ask questions about the budget. Jake Acuna, Pocatello resident, spoke uncommitted to the proposed budget. He expressed concerns of community programs being cut. Mindy Quayle, Pocatello resident, spoke uncommitted to the proposed budget. She stated that she would like see more being done to draw in more businesses into Pocatello. Joshua Mansfield, Pocatello resident, spoke uncommitted to the proposed budget. He feels any cuts to the budget would be detrimental to the attraction of new businesses and retention of residents in Pocatello. Nichole Stanton, Pocatello resident, spoke uncommitted to the proposed budget. She expressed her concern of budget cuts to critical community services. Andy Moldenhauer, Pocatello resident, spoke in favor of the proposed budget. He stated he doesn’t want to see the city balance the budget by cutting employee pay or by cutting city positions. In response to question from Council, Mr. Krueger stated no budget cuts are listed on the proposed budget based on a request by Councilmember Stevens. Maggie Clark, Pocatello resident, spoke uncommitted to the proposed budget. She expressed concerns of community resources being cut. Mr. Kruger gave an overview of the next steps of the budget process. In response to a question from Council, Mr. Kruger stated there was a transfer of tax revenues from fund 78 to the General Fund. He stated the only cuts made were either redundancies or errors found while reviewing the budget. Mr. Kruger noted that the published budget does not include any reductions in jobs or services. REGULAR CITY COUNCIL MEETING AUGUST 5, 2021 There being no further comments, Mayor Blad closed the public hearing and announced that comments received would be considered by the Council while creating the final budget. He stated that a Work Session to be held on August 12, 2021 at 9:00 a.m. will include an agenda item allowing Council an opportunity to receive further clarification from City staff on items related to the budget and that the final budget ordinance is scheduled for Council’s consideration on August 19, 2021. AGENDA ITEM NO. 6: This time was set aside for the Council to receive public comments PUBLIC HEARING on proposed fee changes proposed for Fiscal Year 2022. -PROPOSED FISCAL YEAR 2022 FEE CHANGES Mayor Blad opened the public hearing. Jim Krueger, Chief Financial Officer, gave an overview of the proposed fee changes for Fiscal Year 2022. He explained that proposed fee increases are an effort to recover the costs of providing services through fees assessed rather than tax increases. In response to a question from Council, Jeff Mansfield, Public Works Director, stated that departments funded by enterprise funds continually evaluate the rate study and adjustments are made to accommodate for additional costs to the city. He noted that fees can be removed, but new fees cannot be added without a public hearing. Mayor Blad announced no written correspondence had been received regarding the proposed fee changes for Fiscal Year 2022. There being no public comments, Mayor Blad closed the public hearing and announced that a Work Session to be held on August 12, 2021 at 9:00 a.m. will include an agenda item allowing Council an opportunity to receive further clarification from City staff on items related to the proposed fees and that the final Fee Resolution is scheduled for Council’s consideration at a later date. AGENDA ITEM NO. 7: This time was set aside for the Council to hear comments from the PUBLIC HEARING public regarding amendments to Pocatello Municipal Code Title -ZONING ORDINANCE 16, Subdivision Regulations. The amendments were presented to AMENDMENTS the Council at the July 8, 2021 Work Session and are intended to TITLE 16 increase transparency during the review process, while limiting the -SUBDIVISION potential for the delay of subdivision applications. The Planning REGULATIONS and Zoning Commission recommended approval of the proposed changes following a public hearing held on July 14, 2021. Mayor Blad opened the public hearing. Brent Mclane, Planning and Zoning Director, stated the proposed changes are consistent with the existing provisions of the Zoning Ordinance and Comprehensive Plan. He noted staff does not anticipate any significant financial impact to the City due to the proposed changes. Mr. Mclane noted some additional staff time may be required to send out the appropriate notices for preliminary plat applications. Mayor Blad announced no written correspondence had been received. There being no public comments, Mayor Blad closed the public hearing. REGULAR CITY COUNCIL MEETING AUGUST 5, 2021 A motion was made by Mr. Bray, seconded by Mrs. Ortega, that an ordinance to amend Pocatello Municipal Code Title 16, Subdivision Regulations as outlined in Agenda Item No. 7, be prepared by City staff and presented for Council to consider at a future Regular City Council meeting. Upon roll call, those voting in favor were Bray, Ortega, Adamson, Cheatum, Leeuwrik and Stevens. AGENDA ITEM NO. 8: This time was set aside for the Council to hear comments from the PUBLIC HEARING public regarding amendments to Pocatello Municipal Code Title -ZONING ORDINANCE 17, Zoning Regulations. The amendments were presented to the AMENDMENTS Council at the July 8, 2021 Work Session and are intended to TITLE 17 update and improve zoning regulations. The Planning and Zoning -ZONING Commission recommended approval of the proposed changes REGULATIONS following a public hearing held on July 14, 2021. Mayor Blad opened the public hearing. Brent Mclane, Planning and Zoning Director, stated the proposed changes are consistent with the existing provisions of the Zoning Ordinance and Comprehensive plan. Benjamin Ledford, Pocatello resident, spoke in support of proposed changes. He noted that the proposed changes will add more flexibility to setbacks, lot size and off-street parking requirements. Mark Dahlquist, Executive Director of NeighborWorks Pocatello, spoke in favor of the proposed changes. He added it will make the process more streamlined and add flexibility. He expressed his gratitude to city staff for their hard work on the proposed changes. Erica Baruss, Pocatello resident, spoke in favor of proposed changes. She stated it will help add to housing, save money and help revamp older neighbors. She expressed her gratitude to Council. Mayor Blad announced no written correspondence had been received. There being no further public comments, Mayor Blad closed the public hearing. A motion was made by Mr. Bray, seconded by Ms. Stevens, that an ordinance to amend Pocatello Municipal Code Title 17, Subdivision Regulations as outlined in Agenda Item No. 8, be prepared by staff and presented for Council to consider at a future Regular City Council meeting. Upon roll call, those voting in favor were Bray, Stevens, Adamson, Cheatum, Leeuwrik and Ortega. AGENDA ITEM NO. 9: This time was set aside for the Council to hear comments from the PUBLIC HEARING public regarding a request by Verizon Wireless, represented by -CONDITIONAL J5 Infrastructure (mailing address: 3327 North Eagle Road, Suite USE PERMIT 110-131, Meridian, ID 83646) for a Conditional Use Permit to -VERIZON WIRELESS install a 50-foot monopole cellular tower to be located at the end of Elm Street near the City-owned water tank. Staff found the proposal compliant with all applicable standards with conditions. Mayor Blad opened the public hearing. Council members announced that there had not been any ex parte communication. Greg Cleary, Assistant Planner, stated Verizon Wireless, represented by JS Infrastructure Partners, Inc., has submitted a request for a Conditional Use Permit (CUP) to install a 50-foot-tall monopole REGULAR CITY COUNCIL MEETING AUGUST 5, 2021 cellular tower supporting 12 panel antennas, ancillary equipment cabinets and an emergency generator. He noted the subject property is owned by the City of Pocatello and covers 2.6 acres (more or less). A 3-million-gallon water tank is also located on the property. Mr. Cleary added that property to the north and west is vacant with approximately 23 acres zoned Residential Estate (RE) and nearby zoning districts include Residential Low Density (RL) to the northwest and Residential Commercial Professional (RCP) to the west, and Residential Medium Density Single Family (RMS) to the southwest. He noted the proposed monopole is to be located at the end of Elm Street, adjacent to the City owned water tank west of Interstate 15 (1-15) near the East Clark off-ramp. Mr. Cleary stated the Wireless Communications Towers and Facilities Ordinance, specifically Section 15.42.090 Zoning Districts and Land Use, allows new towers outside of the public right-of-ways on City property through the CUP process only with a public hearing before the City Council. Mr. Cleary added that all public notice requirements were met and no public comments had been received. In response to questions to council, Mr. Cleary stated there are conditions that the tower is to be painted to blend in with the surrounding area and be routinely maintained to prevent it from becoming an eyesore. He added that lease has been paid by Verizon Wireless. Mayor Blad announced no written correspondence had been received. There being no public comments, Mayor Blad closed the public hearing. A motion was made by Ms. Stevens, seconded by Mrs. Ortega, to approve a Condition Use Permit request by Verizon Wireless, represented by J5 Infrastructure, to install a 50-foot monopole cellular tower with the following conditions: 1) All Building and Fire Code requirements as deemed applicable by the Building Official shall be adhered to; 2) Pursuant to PMC 15.42.080.G. and Idaho Code §54- 227, a monumented survey shall be completed to establish the boundaries of the proposed easement and lease area for the cell tower and said record of survey shall be filed with Bannock County; 3) The monopole shall be of an earth tone color similar to the water tank to blend with the natural landscape and shall be routinely maintained to prevent peeling and cracking of the paint; and 4) The tower and attending equipment shall meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the Federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, the owner of the tower shall bring such into compliance with the revised standards and regulations within six (6) months of the effective date of the revised standards and regulations, unless a more stringent compliance schedule is mandated by the controlling Federal agency. Failure to bring the subject tower/equipment into compliance with such revised standards and regulations shall constitute grounds for the removal of the WCF at the owner’s expense upon fifteen (15) days’ written notice via normal first class mail. Compliance with the Spectrum Act (Section 6409(a)) enacted as part of the Middle Class Tax Relief and Job Creation Act of 2012, shall be adhered to (per Code Section 15.42.100 C) and that the decision be set out in appropriate Council decision format and that the proposed property is located to be located at the end of Elm Street near the City-owned water tank. Upon roll call, those voting in favor were Stevens, Ortega, Adamson, Bray, Cheatum and Leeuwrik. AGENDA ITEM NO. 10: This time was set aside for the Council to receive comments PUBLIC HEARING from the public regarding a proposed amendment within Program -COMMUNITY Year 2021 (PY2021) Community Development Block Grant DEVELOPMENT (CDBG) Annual Action Plan. The CDBG Advisory Committee BLOCK GRANT (CDBG) recommended approval of the amendment at their June 15, 2021 PROGRAM YEAR 2021 meeting. A 30-day written comment period on the amendment ANNUAL ACTION PLAN began on June 22, 2021. REGULAR CITY COUNCIL MEETING AUGUST 5, 2021 Following the public hearing, the Council may wish to approve the amendment and authorize the submission, including any public comments, to HUD. Mayor Blad opened the public hearing. Christine Howe, CDBG Program Coordinator, stated the public hearing is the oral comment opportunity for an amendment that would increase the Program Year 2021 Housing budget by $75,000 for the CDBG program. She noted that increasing the Housing budget triggers the requirement for a substantial amendment because it increases the budget by more than 25%. Ms. Howe noted all substantial increases or changes must follow the adopted Citizen Participation Plan which is the reason for this public hearing. She stated the funding for this change is being allocated from uncommitted Program Year 2021 CDBG funding and through a reallocation of program income. Ms. Howe stated the current PY2021 budget for Housing Rehab is $85,000 and the additional increase would bring the total budget to $160,000. She added the total uncommitted funds for PY2021 are $76,843 and if this allocation is approved, there will be a remaining uncommitted fund balance of $1,843. Ms. Howe stated this increase is necessary to allow a recently approved project to move forward for NeighborWorks Pocatello, a local housing and community development non-profit agency. She added that all public notice requirements were met and no public comments had been received. Mayor Blad announced that no written correspondence had been received. Mark Dahlquist, Pocatello resident, spoke in support of the application stating it will help to make affordable housing available. There being no further public comments, Mayor Blad closed the public hearing. A motion was made by Ms. Adamson, seconded by Ms. Stevens, to approve an amendment within Program Year 2021 (PY2021) Community Development Block Grant (CDBG) Annual Action Plan and authorize the submission, including any public comments, to HUD. Upon roll call, those voting in favor were Adamson, Stevens, Bray, Cheatum, Leeuwrik and Ortega. AGENDA ITEM NO. 11: Council was asked to approve a final plat application submitted by FINAL PLAT Pocatello Property Development, LLC, represented by Rocky APPLICATION Mountain Engineering and Surveying (mailing address: 600 East APPROVAL Oak Street, Pocatello, ID 83201), to subdivide 21.98 acres (more -CITY VIEW ESTATES or less) into 30 lots. The proposed subdivision is located east and DIVISION 1 northeast of Sleigh Hill Subdivision at the east end of Elm Street. Staff finds the proposal compliant with all applicable standards with conditions. A motion was made by Ms. Adamson, seconded by Mr. Cheatum, to approve a final plat application submitted by Pocatello Property Development, LLC, represented by Rocky Mountain Engineering and Surveying, to subdivide 21.98 acres (more or less) into 30 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 July 26, 2021, shall be met; 3) A “No Build/Grading line” shall be placed on the Final Plat and such shall also be staked in the field prior to grading of the property; 4) Lot 11, Block 2 of City View Estates Division 1 shall be dedicated to the City for the purpose of public open space; 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 REGULAR CITY COUNCIL MEETING AUGUST 5, 2021 bond is obtained as outlined in City Code 16.24.110, prior to recording; and 6) All other standards and 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 and that the proposed subdivision is located east and northeast of Sleigh Hill Subdivision at the east end of Elm Street. Upon roll call, those voting in favor were Adamson, Cheatum, Bray, Leeuwrik, Ortega and Stevens. AGENDA ITEM NO. 12: Council was asked to consider a short plat application submitted SHORT PLAT by Michael and Kathleen Seibert, represented by Rocky Mountain APPLICATION Engineering and Surveying (mailing address: 600 East Oak Street, APPROVAL Pocatello, ID 83201), to subdivide a small portion of the -POCATELLO CREEK properties located on the 1600 block of Pocatello Creek Road to BOOSTER STATION create a single lot measuring one-half acre in size. The subdivision is being created to allow the Pocatello Water Department to place a water booster station which is needed to increase the water supply to the east bench. Staff finds the proposal compliant with all applicable standards with conditions. A motion was made by Mr. Cheatum, seconded by Ms. Stevens, to approve a short plat application submitted by Michael and Kathleen Seibert, represented by Rocky Mountain Engineering and Surveying, to subdivide a small portion of the properties located on the 1600 block of Pocatello Creek Road to create a single lot measuring one-half acre in size 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 July 27, 2021, shall be met; 3) The plat shall conform to all State and local laws and ordinances and is subject to review by the City Surveyor; and 4) 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. Upon roll call, those voting in favor were Cheatum, Stevens, Adamson, Bray, Leeuwrik and Ortega. AGENDA ITEM NO. 13: Council was asked to consider the recommendation of staff for the BID/CONTRACT following requests regarding the ADA Ramps FY21 Project: -ADA RAMPS FISCAL YEAR 2021 (FY21) PROJECT -ACCEPT BID a) Accept the low responsive bid received on June 23, 2021, from -D CO CONCRETE, D Co Concrete, LLC in the amount of $57,952.82; and if accepted LLC -AUTHORIZE b) Authorize the Mayor’s execution of an Agreement between the AGREEMENT City of Pocatello and D Co Concrete, LLC in the amount of -D CO CONCRETE, $57,952.82 for the ADA Ramps FY21 Project, subject to Legal LLC Department review. The ADA Ramps FY21 Project is a State of Idaho-funded project through the Idaho Transportation Department (ITD). There is no local match for this project but the City of Pocatello will initially fund 25% of the cost which will be reimbursed after ITD accepts the project. A total of 11 ADA curb ramps will be brought into compliance on 4th and 5th Avenues at the intersections of Lewis, Bonneville and Halliday Streets. REGULAR CITY COUNCIL MEETING AUGUST 5, 2021 A motion was made by Mr. Bray, seconded by Ms. Leeuwrik to accept the low responsive bid received on June 23, 2021, from D Co Concrete, LLC in the amount of $57,952.82; and authorize an agreement between the City of Pocatello and D Co Concrete, LLC for the ADA Ramps FY21 Project and authorize the Mayor’s signature on all applicable documents, subject to Legal Department review. Upon roll call, those voting in favor were Bray, Leeuwrik, Adamson, Cheatum, Ortega and Stevens. AGENDA ITEM NO. 14: Council was asked to approve and authorize the Mayor to sign, -PUBLIC UTILITY subject to Legal Department review, a public utility easement EASEMENT REQUEST through unimproved right-of-way, located northeast of North -IDAHO POWER 20th Avenue and East Center Street and near the Center Street Water Tank. A motion was made by Ms. Adamson, seconded by Mr. Cheatum, to approve and authorize the Mayor to sign, subject to Legal Department review, a public utility easement through unimproved right-of- way, located northeast of North 20th Avenue and East Center Street and near the Center Street Water Tank. Upon roll call, those voting in favor were Adamson, Cheatum, Bray, Leeuwrik, Ortega and Stevens. AGENDA ITEM NO. 15: Council was asked to approve by resolution and authorize the -RESOLUTION/ Mayor to sign an amendment to the Farm Lease Agreement with AMENDMENT TO Nathan Schroeder for property used by Water Pollution Control SCHROEDER FARM (WPC) for the purpose of biosolids application. LEASE AGREEMENT -WATER POLLUTION The existing agreement took effect November 1, 2020 for a term CONTROL (WPC) of five (5) years. The property is owned by the Airport and leased to WPC for the Biosolids Management Plan. The amendment to the farm lease agreement reduces the total rented acreage for Parcel 1 from 122 acres to 87 acres with an annual rent of $8,700.00, reducing the annual rent for Parcel 1 from $12,200.00. The decrease in revenue does not have a significant impact on the WPC budget. A motion was made by Mr. Cheatum, seconded by Ms. Stevens, approve a resolution (2021-13) and authorize the Mayor’s signature, subject to Legal Department review, on an amendment to the Farm Lease Agreement with Nathan Schroeder to reduce the total rented acreage for Parcel 1 from 122 acres to 87 acres with an annual rent of $8,700.00, reducing the annual rent for Parcel 1 from $12,200.00. Upon roll call, those voting in favor were Cheatum, Stevens, Adamson, Bray, Leeuwrik and Ortega. AGENDA ITEM NO. 16: Council was asked to approve by resolution and authorize the -RESOLUTION/ Mayor to sign a lease agreement between the City and Morton LEASE AGREEMENT Buildings, Inc. for 35 acres of land at the Airport, with a right of -POCATELLO REGIONAL first refusal on an additional 15 acres, to be used for the purpose AIRPORT of constructing and operating a sales, fabrication and distribution facility for custom-built buildings. The lease term will be 30 years with two (2) 30-year renewal options. The rental rate will be $15,750.00 per year with 100% increase in year 6; a 50% increase in year 11 and a 12.9% increase in year 16. Rent for renewal periods will be negotiated at the time of renewal. MiaCate Kennedy, Bannock County, gave an overview of Morton Company. She added Morton will bring 25 new jobs and will increase staffing in the future. Ms. Kennedy noted the average wage at the facility will be over $40,000.00 per year with full benefits. REGULAR CITY COUNCIL MEETING AUGUST 5, 2021 Council expressed their gratitude to MiaCate for all her efforts in bringing in new business. In answer to questions from Council, Alan Evans, Airport Manager, stated the lease amount was based on the FAA approved 2016 appraisal. He added there is an updated appraisal, but it hasn’t been reviewed and approved by the FAA. Mr. Evans stated once approved by FAA he would like to bring the information to a Council Work Session to get input and guidance for future leases. He added airport property and land has many FAA regulations. In response to question from Council, Jared Johnson, City Attorney, stated the building would revert back to City at end of the lease. A motion was made by Ms. Leeuwrik, seconded by Ms. Adamson, to approve a resolution (2021-14) and authorize the Mayor’s signature, subject to Legal Department review, on a lease agreement between the City and Morton Buildings, Inc. for 35 acres of land at the Airport, with a right of first refusal on an additional 15 acres and that the lease term will be 30 years with two (2) 30-year renewal options and that the rental rate will be $15,750.00 per year with 100% increase in year 6; a 50% increase in year 11 and a 12.9% increase in year 16 and that the rent for renewal periods will be negotiated at the time of renewal. Upon roll call, those voting in favor were Leeuwrik, Adamson, Bray, Cheatum, Ortega and Stevens. AGENDA ITEM NO. 17: Council was asked to approve, subject to Legal Department -STATE OF IDAHO review, acceptance of grant funding in the amount of $25,000.00 OFFICE OF from the State of Idaho Office of Emergency Management for EMERGENCY equipment to be used by the Region 6 Hazmat team. Current MANAGEMENT protective suits and air monitoring equipment are beyond GRANT ACCEPTANCE functioning service life. There is no City match requirement. The -FIRE DEPARTMENT application was approved by Council on April 1, 2021. A motion was made by Ms. Stevens, seconded by Mrs. Ortega, to approve acceptance of grant funding in the amount of $25,000.00 from the State of Idaho Office of Emergency Management for Hazmat equipment and authorize the Mayor’s signature on all pertinent documents, subject to Legal Department review. Upon roll call, those voting in favor were Stevens, Ortega, Adamson, Bray, Cheatum and Leeuwrik. AGENDA ITEM NO. 18: Council was asked to consider an ordinance amending Pocatello ORDINANCE Municipal Code Title 8 “Health and Safety”, by revising Sections -AMENDING TITLE 8 8.52.040 “Applicability” to address additional facilities which will “HEALTH AND SAFETY” be subject to requirements set forth in Chapter 8.52 and 8.52.150 “Violations Deemed a Public Nuisance” to clarify that parties other than the City may do abatement work and by deleting Sections 8.52.070 “Exemptions and Exceptions; 8.52.080 “Stormwater Site Plan Requirements” and 8.52.090 “Stormwater Design Criteria” as these requirements are now addressed in the Portneuf Valley Stormwater Design Manual. A motion was made by Mr. Bray, seconded by Ms. Adamson, that the ordinance, Agenda Item No. 18, 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, Adamson, Cheatum, Leeuwrik, Ortega and Stevens. Jared Johnson, City Attorney, read the ordinance by title. REGULAR CITY COUNCIL MEETING AUGUST 5, 2021 Mayor Blad declared the final reading of the ordinance amending Pocatello Municipal Code Title 8 “Health and Safety”, by revising Sections 8.52.040 “Applicability” to address additional facilities which will be subject to requirements set forth in Chapter 8.52 and 8.52.150 “Violations Deemed a Public Nuisance” to clarify that parties other than the City may do abatement work and by deleting Sections 8.52.070 “Exemptions and Exceptions; 8.52.080 “Stormwater Site Plan Requirements” and 8.52.090 “Stormwater Design Criteria” as these requirements are now addressed in the Portneuf Valley Stormwater Design Manual. Mayor Blad asked “Shall the ordinance pass?” Upon roll call, those voting in favor were Adamson, Bray, Cheatum, Leeuwrik, Ortega and Stevens. Mayor Blad declared the ordinance passed, that it be numbered 3071 and that only the ordinance summary sheet be submitted to the Idaho State Journal for publication. AGENDA ITEM NO. 19: There were no individuals signed up to speak during this agenda –ITEMS FROM THE item. AUDIENCE AGENDA ITEM NO. 20: There being no further business, Mayor Blad adjourned the ADJOURN meeting at 8:22 p.m. APPROVED BY: BRIAN C. BLAD, MAYOR ATTESTED BY: KONNI R. KENDELL, CITY CLERK PREPARED BY: WENDY A. PRATHER, DEPUTY CITY CLERK