City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL REGULAR CITY COUNCIL MEETING OCTOBER 21, 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: A moment of silence was observed in place of an invocation. INVOCATION AGENDA ITEM NO. 3: Council was asked to consider the following business items: CONSENT AGENDA -MINUTES (a) Waive the oral reading of the minutes and approve the minutes from the May 13, 2021 Work Session. -GOLF ADVISORY (b) Confirm the Mayor’s appointment of John McCloskey to serve as COMMITTEE a member of the Golf Advisory Committee, replacing Larry APPOINTMENT Morton whose term expired. John’s term will begin October 22, 2021 and will expire October 22, 2024. -HISTORIC (c) Confirm the Mayor’s appointment of Denis Clijsters to serve as a PRESERVATION member of the Historic Preservation Commission, replacing COMMISSION Joshua Kiggins who resigned. Denis’ term will begin APPOINTMENT October 22, 2021 and expire August 6, 2024. -PLANNING AND (d) Confirm the Mayor’s appointments of Marjanna Hulet and ZONING Whitney Fenwick to serve as members of the Planning and Zoning COMMISSION Commission, replacing Cyndi Andersen and Taylor Wood. APPOINTMENTS Marjanna’s term will begin October 22, 2021 and will expire July 2, 2025. Whitney’s term will begin October 22, 2021 and will expire November 6, 2024. -POLICE PERSONNEL (e) Approve proposed changes to the Pocatello Police Department ADMINISTRATION Personnel Administration Rules (PAR). RULES -COUNCIL DECISION (f) Adopt the Council’s decision approving the final plat for -BONNEVILLE Bonneville Commons, which subdivides approximately 1.87 acres COMMONS FINAL of land into 25 lots, which will consist of 20 residential lots, four PLAT APPROVAL (4) open space lots and one (1) lot to be used for private drives. The subdivision is zoned Residential/Commercial/Professional (RCP) and will be accessed from East Fremont Street, East Lander Street, North 8th Avenue and North 9th Avenue. 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.  2 REGULAR CITY COUNCIL MEETING OCTOBER 21, 2021 AGENDA ITEM NO. 4: Mayor Blad reminded the Council members of the following CALENDAR REVIEW meetings to be held November 4th: City Council Clarification Meeting at 5:30 p.m. and Regular Council meeting at 6:00 p.m. Mayor Blad announced the November 11th City Work Session has been canceled. Mayor Blad announced early voting would continue at the Bannock County Elections Office located at 141 North 6th Avenue, Monday through Friday from 9:00 a.m. to 4:30 p.m. The last day to vote early will be October 29th. He announced Zoo Boo at Zoo Idaho would be held October 30th from 10:00 a.m. to 3:00 p.m.; Zoo Idaho would be open on weekends-only through October 31st; the annual Leaf Collection is scheduled for November 1st through November 27th which requires leaves to be placed in compostable bags, not plastic bags or boxes, for collection and delivery to the Bannock County landfill composting site; and November 2nd is Election Day. Mayor Blad encouraged citizens to vote in the election. He alerted citizens to the following: City offices would be closed November 11th to observe Veterans Day; Sanitation Department collection trucks would remain on their regular schedule on that day; and face coverings are required when entering any City of Pocatello building or facility, including the Pocatello Airport, and while riding in public transportation buses. AGENDA ITEM NO. 5: This time was set aside for the Council to hear comments from -PUBLIC HEARING citizens and organizations on any housing or non-housing -COMMUNITY community development needs they have identified that should be DEVELOPMENT prioritized and included in the Program Year 2022 Annual Action BLOCK GRANT (CDBG) Plan. PROGRAM YEAR 2022 NEEDS HEARING Mayor Blad opened the public hearing. Christine Howe, CDBG Program Coordinator, explained that the City of Pocatello is planning for the Community Development Block Grant Program Year 2022, extending from April 1, 2022, through March 31, 2023, and for the five-year Consolidated Plan, which covers program years 2022 through 2026. She stated that in accordance with the City's CDBG Citizen Participation Plan, the purpose of this hearing is to provide an opportunity for organizations and citizens to comment and provide input on any housing and/or community development needs they may have identified for providing housing, suitable living environments, and opportunities to expand economic opportunities, principally for low- and moderate-income persons. Ms. Howe added that the comments would be incorporated into the 5-year Consolidated Plan and one-year annual action plan. She stated that no action was necessary at that time, but staff would work with the CDBG Advisory Committee to evaluate projects and identify those that meet the highest priority needs and benefit the most residents. Ms. Howe pointed out that a Consolidated Plan presentation and one-year annual action plan would be presented to the Council at a future meeting, and the final plan would be submitted for adoption following a public hearing in January 2022. In response to questions from Council, Christine Howe explained that due to federal guidelines, the CDBG program has limited scope and funds for public infrastructure improvements, including sidewalk improvements. She pointed out that the City is creating a task force to maximize the use of available funds for sidewalk improvement projects.  3 REGULAR CITY COUNCIL MEETING OCTOBER 21, 2021 BJ Stensland, Aid for Friends, spoke in support of the application. She thanked the Mayor, Council and CDBG program administrators for supporting the Aid for Friends homeless shelter facility renovation and acquisition, commending those involved for the use of CDBG funds to support the project. Ms. Stensland stressed that the shelter is not the solution for homelessness, and that there is still a need for medical and mental health services, case management, transportation, affordable housing and other services for homeless and low- to moderate- income individuals and families. Mayor Blad announced no written comments had been received. There being no further public comments, Mayor Blad closed the public hearing. AGENDA ITEM NO. 6: This time was set aside for the Council to hear comments from -PUBLIC HEARING the public regarding amendments to Title 17 - Zoning -CITY INITIATED Regulations related to Maximum Height Limits. TEXT AMENDMENT TO TITLE 17 – ZONING REGULATIONS Mayor Blad opened the public meeting. Council members announced that there had not been any ex parte communication. Jim Anglesey, Long-Range Planner, gave an overview of the proposed text amendment to Title 17 section 17.03.600 that had been recommended and approved by the Planning and Zoning Commission on September 9, 2021 and presented to Council at the September 22, 2021 Work Session. He stated the Planning and Development Services staff proposed increased height limits within commercial and industrial zones as well as height buffers in all residential zones. Mr. Anglesey explained that the proposed changes meet several goals and objectives of the City’s Comprehensive Plan, including but not limited to: implementing smart growth principles; encouraging infill development; encouraging vertical mixed-use commercial and higher density residential uses; encouraging increased walkability and a more attractive pedestrian environment; and incorporating more predictable but flexible development options. He added that as development continues in the foothills of Pocatello, there is no expected hardship to low-density uses which comprise the majority of development on the hillsides. Mr. Anglesey summarized the proposed height changes offer increased options for infill development, specifically regarding the commercial and industrial cores and corridors of the city, and provide flexibility for increased housing options and economic development in areas primed for redevelopment. He confirmed that the hearing had been properly noticed and staff had not received any comments from the public. In response to questions from Council, Jim Anglesey explained that height of a building is defined as the measurement from the average grade of the property to the top of the building. He added that because there had been no complaints or issues with height measurement in the past, no change to the definition or process was included in the proposed text amendment. In response to questions from Council, Brent McLane, Planning and Development Services Director, stated that the Planning and Development Services Department discussed in-depth the measurement process and determined the current practice was not causing an inconvenience or difficulty, particularly in view of the fact that developers and builders had offered little or no complaint. He added that staff had identified 18 local developers, engineers and architects to review the proposed changes and provide comment, and no concerns over the proposed changes were received.  4 REGULAR CITY COUNCIL MEETING OCTOBER 21, 2021 Mayor Blad announced no written comments had been received. There being no further public comments, Mayor Blad closed the public hearing. A motion was made by Mr. Bray, seconded by Mrs. Ortega, to adopt the Planning and Zoning Commission’s recommendation and approve the City-initiated Text Amendment to Title 17 Zoning Regulations. Upon roll call, those voting in favor were Bray, Ortega, Adamson, Cheatum, Leeuwrik and Stevens. AGENDA ITEM NO. 7: Council was asked to approve the following grant applications for -RURAL GRANT 5311 rural 5311 and 5339 formula grants. If awarded, Council may also AND 5339 FORMULA wish to authorize the Mayor to sign related contract awards, and GRANT APPLICATIONS authorize the Public Transit Director to execute the grants and any -PUBLIC TRANSIT necessary amendments. Execution of these projects is subject to award confirmation, Legal Department review, and budget amendments. No City funds are used for the rural program. The grants are as follows: -5311 TWO-YEAR a) 5311 two-year operating funding in the total amount of FUNDING $2,114,838.00. Federal share of $1,474,028.44 with a required local match of $640,809.56. -5339 CAPITAL b) 5339 capital funding in the total amount of $525,000.00 for the FUNDING purchase of four (4) buses. Federal share is $420,000.00 with a required local match of $105,000.00. Sufficient matching funds are available in Fund 008 for the purchase of the associated buses. A motion was made by Mr. Cheatum, seconded by Ms. Leeuwrik, to approve and authorize the Mayor to sign all pertinent documents, subject to Legal Department review, related to grant applications for rural 5311 and 5339 formula grants as outlined in Agenda Item No. 7(a) and 7(b). In response to questions from Council, Skyler Beebe, Public Transit Director, confirmed that the bus purchases described in Agenda Item No. 7 are to purchase new buses to replace buses that have exceeded their life and usefulness, and the retired buses would either be sold at auction or scrapped. Mr. Cheatum’s motion was voted upon at this time. Upon roll call, those voting in favor were Cheatum, Leeuwrik, Adamson, Bray, Ortega and Stevens. AGENDA ITEM NO. 8: Council was asked to approve a request to apply for a $300,000.00 -WESTERN STATES Western States Fire Manager Grant as a sub-recipient of a proposal FIRE MANAGER submitted by Idaho Department of Lands (IDL) and if awarded, GRANT SUB-RECIPIENT authorize the Mayor’s signature on any related documents, subject APPLICATION to Legal Department review. The grant will be overseen by IDL -FIRE DEPARTMENT and requires a 10% match which will be met through homeowners’ contributions and in-kind services from staff. The reimbursement grant will be used to help homeowners create defensible space around their property in the Johnny Creek area, help reduce fuel loads in the area and provide training and education to homeowners. The grant period is three (3) years and if approved, work would commence in fall of 2022.  5 REGULAR CITY COUNCIL MEETING OCTOBER 21, 2021 A motion was made by Ms. Leeuwrik, seconded by Mr. Cheatum, to approve the request to apply for a $300,000.00 Western States Fire Manager Grant as a sub-recipient of a proposal submitted by Idaho Department of Lands (IDL) as outlined in Agenda Item No. 8 and authorize the Mayor’s signature, subject to Legal Department review, on any related documents. In response to questions from Council, Kim Stouse, Fire Department Community Relations Representative, stated that no funds had been collected from homeowners to satisfy the 10% match requirement, but that she anticipated that the in-kind services from staff would exceed the designated match stipulation. She added that the goal is to get homeowners involved in the initial project so they carry on with it in the future. Ms. Stevens confirmed that 16 or 17 homeowners had reported being willing to pay a percentage of the costs for work done on their property, and four to five other homeowners were on a waiting list to participate next year. She reported that residents of the area had shown great interest in the project. Matt Kerbs, Deputy City Attorney, confirmed that although Council member Stevens is a member of the Johnny Creek Firewise Committee, she would not need to recuse herself from voting. Ms. Leeuwrik’s motion was voted upon at this time. Upon roll call, those voting in favor were Leeuwrik, Cheatum, Adamson, Bray, Ortega and Stevens. AGENDA ITEM NO. 9: Council was asked to consider the recommendations of staff and -BID ACCEPTANCE award the bid for the Pocatello Creek Booster and Transmission OF POCATELLO Line project to IMCO General Construction, Inc. in the amount CREEK BOOSTER of $11,579,980.00, and allow the Mayor to execute contract AND TRANSMISSION documents. The construction duration for the project is a total of LINE PROJECT 18-months, therefore adequate funds to begin this project are -WATER OPERATIONS within the established Fiscal Year 2022 budget amount of DEPARTMENT $10,307,000.00, and the remaining funds will be budgeted for completion in Fiscal Year 2023. A motion was made by Mr. Bray, seconded by Mr. Cheatum, to accept the recommendations of staff and award the bid for the Pocatello Creek Booster and Transmission Line project to IMCO General Construction, Inc. in the amount of $11,579,980.00 as outlined in Agenda Item No. 9 and authorize the Mayor’s signature, subject to Legal Department review, on any related documents. In response to questions from Council, Justin Armstrong, Water Superintendent, confirmed that reserve funds were available to fund this project. He explained that the project had been deferred in prior years due to difficulties in obtaining easements and permits. Mr. Armstrong added that the project, which is slated to be a multi-year project, had been planned and budgeted for Fiscal Year 2020, but will now fall into Fiscal Years 2022 and 2023. He stated that the project is not intended to increase the water pressure in the Highland area, which was lowered due to requirements of the Department of Environmental Quality. The proposed project will ease the strain of the existing booster station and support the growth in that area. Mr. Armstrong explained that the recent loss of Well #2 due to nitrate contamination would require that a new well be drilled. Emergency funds would need to be utilized because the well had been projected to last for three to ten years more years. He stated that studies indicate an adjacent well drilled at a much deeper depth is producing water not influenced by nitrates. Mr. Armstrong clarified that the Water Department operates on enterprise funds which are separate from the general fund and projects are based on a five-year capital plan.  6 REGULAR CITY COUNCIL MEETING OCTOBER 21, 2021 Mr. Bray’s motion was voted upon at this time. Upon roll call, those voting in favor were Bray, Cheatum, Adamson, Leeuwrik, Ortega and Stevens. AGENDA ITEM NO. 10: Council was asked to consider the following ordinances: ORDINANCE (a) An ordinance annexing approximately 122.80 acres of land to -ANNEXING extend the Pocatello city limits east of the Greenfield and 122.80 ACRES OF Crestview Subdivisions and north of High Country Subdivision 1st LAND TO EXTEND Addition. This annexed property will be zoned Residential Low CITY LIMITS EAST Density with an amendment to the Comprehensive Plan Map OF GREENFIELD designation from Mixed Use to Residential. AND CRESTVIEW SUBDIVISIONS A motion was made by Mr. Cheatum, seconded by Ms. Adamson, that Agenda Item No. 10(a), be read only by title and placed on final passage for publication and that only the ordinance summary sheet be submitted for publication. Upon roll call, those voting in favor were Cheatum, Adamson, Bray, Leeuwrik, Ortega and Stevens. Matt Kerbs, Deputy City Attorney, read the ordinance by title. Mayor Blad declared the final reading of an ordinance annexing approximately 122.80 acres of land to extend the Pocatello city limits east of the Greenfield and Crestview Subdivisions and north of High Country Subdivision 1st Addition. This annexed property will be zoned Residential Low Density with an amendment to the Comprehensive Plan Map designation from Mixed Use to Residential. 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 3079 and that only the ordinance summary sheet be submitted to the Idaho State Journal for publication. -VACATING AND (b) An ordinance abandoning and vacating the public’s interest in a ABANDONING portion of a utility easement located across Lots 1 through 12, A PORTION OF Block 1, Roper Subdivision, and a ten-foot (10-foot) wide power A UTILITY easement granted to Idaho Power located in Lot 3, Block 1, EASEMENT IN Prime Time Subdivision. ROPER SUBDIVISION A motion was made by Mr. Bray, seconded by Ms. Adamson, that Agenda Item No. 10(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 Bray, Adamson, Cheatum, Leeuwrik, Ortega and Stevens. Matt Kerbs, Deputy City Attorney, read the ordinance by title. Mayor Blad declared the final reading of an ordinance abandoning and vacating the public’s interest in a portion of a utility easement located across Lots 1 through 12, Block 1, Roper Subdivision, and a ten-foot (10-foot) wide power easement granted to Idaho Power located in Lot 3, Block 1, Prime Time Subdivision. 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  7 REGULAR CITY COUNCIL MEETING OCTOBER 21, 2021 passed, that it be numbered 3080 and that only the ordinance summary sheet be submitted to the Idaho State Journal for publication. AGENDA ITEM NO. 11: There were no individuals signed up to speak during this –ITEMS FROM THE agenda item. AUDIENCE AGENDA ITEM NO. 12: There being no further business, Mayor Blad adjourned the ADJOURN meeting at 6:52 p.m. APPROVED BY: BRIAN C. BLAD, MAYOR ATTESTED BY: KONNI R. KENDELL, CITY CLERK PREPARED BY: SHAWNIE SATTERFIELD FERRIN, DEPARTMENT SPECIALIST