Thursday, October 21, 2021

5:30 PM

City Council Clarification Meeting
Council Chambers
6:00 PM

Regular City Council Meeting
Council Chambers
Agenda Item #1
Agenda Item #2
A moment of silence will be observed.
Agenda Item #3
#3 The following business items may be approved by one motion and a vote. If any one member of the Council so desires, any matter listed can be moved to a separate agenda item. (ACTION ITEM)

(a) MINUTES: Council may wish to waive the oral reading of the minutes and approve the minutes from the May 13, 2021 Work Session.

(b) GOLF ADVISORY COMMITTEE APPOINTMENT: Council may wish to confirm the Mayor’s appointment of John McCloskey to serve as a member of the Golf Advisory Committee, replacing Larry Morton whose term expired. John’s term will begin October 22, 2021 and will expire October 22, 2024.

(c) HISTORIC PRESERVATION COMMISSION APPOINTMENT: Council may wish to confirm the Mayor’s appointment of Denis Clijsters to serve as a member of the Historic Preservation Commission, replacing Joshua Kiggins who resigned. Denis’ term will begin October 22, 2021 and will expire August 6, 2024.

(d) PLANNING AND ZONING COMMISSION APPOINTMENTS: Council may wish to confirm the Mayor’s appointments of Marjanna Hulet and Whitney Fenwick to serve as members of the Planning and Zoning Commission, replacing Cyndi Andersen and Taylor Wood. 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.

(e) POLICE PERSONNEL ADMINISTRATION RULES: Council may wish to approve proposed changes to the Pocatello Police Department Personnel Administration Rules (PAR).

(f) COUNCIL DECISION – BONNEVILLE COMMONS FINAL PLAT APPROVAL: Council may wish to adopt its decision approving the final plat for Bonneville Commons, which subdivides approximately 1.87 acres of land into 25 lots, which will consist of 20 residential lots, four (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.
Agenda Item #4
Council may wish to take this opportunity to inform other Council members of upcoming meetings and events that should be called to their attention.
Agenda Item #5
#5 This time has been set aside for the Council to hear comments from citizens and organizations on any housing or non-housing community development needs they have identified that should be prioritized and included in the Program Year 2022 Annual Action Plan. (Legislative Public Hearing) (ACTION ITEM)
Agenda Item #6
#6 This time has been set aside for the Council to hear comments from the public regarding amendments to Title 17 – Zoning Regulations related to Maximum Height Limits. (Legislative Public Hearing) (ACTION ITEM)
Agenda Item #7
#7 Council may wish to approve the following grant applications for rural 5311 and 5339 formula grants and if awarded, authorize the mayor to sign related contract documents and authorize the Public Transit Director to execute the grants and any necessary amendments, subject to award confirmation, Legal Department review and budget amendments. No City funds are used for the rural program. (ACTION ITEM)

a) 5311 two-year operating funding in the amount of $2,114,838.00. The Federal share is $1,474,028.44 with a required local match of $640,809.56

b) 5339 capital funding in the amount of $525,000.00 for the purchase of four (4) buses. The Federal share is $420,000.00 with a required local match of $105,000.00. Sufficient matching funds are available in Fund 0008 for the purchase of the associated buses.
Agenda Item #8
#8 Council may wish to approve a 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) and if awarded, authorize the Mayor’s signature on any related documents, subject to Legal Department review. The grant will be overseen by IDL 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. (ACTION ITEM)
Agenda Item #9
#9 Council may wish 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, and allow the Mayor to execute contract documents. The construction duration for the project is a total of 18-months, therefore adequate funds to begin this project are within the established Fiscal Year 22 budget amount of $10,307,000.00, and the remaining funds will be budgeted for completion in Fiscal Year 2023. (ACTION ITEM)
Agenda Item #10
  • Council determines which option below will be used to read the Ordinance by roll call vote.
  • The Ordinance is read by City Staff (usually City Attorney).
  • Mayor will declare the final reading of the ordinance and ask “Shall the Ordinance pass?” After roll call is taken, Mayor will announce whether or not the ordinance passed.
ORDINANCES: The Council has the following options for reading ordinances. If the Council makes no motion, the ordinance will be read on three (3) different days, two (2) readings of which may be by title only and one (1) reading of which shall be in full and placed on final passage for publication. (ACTION ITEM)


Option 1: FOR ONE READING UNDER RULES SUSPENSION: "I move the ordinance, Agenda Item #__, be read only by title and placed on final passage for publication, and that only the ordinance summary sheet be submitted for publication."

Option 2: FOR THREE SEPARATE READINGS: "I move the ordinance, Agenda Item #__, be read on three separate days. First and second readings will be by title and in full on the third reading. The ordinance shall then be placed on final passage for publication, and only the ordinance summary sheet be submitted for publication."

Before the ordinance can be read under Option 1, the Council must pass said motion by a vote of one-half plus one (4) of the full Council.

Ordinances ready for reading.

10(a): 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. (ACTION ITEM)

10(b): 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. (ACTION ITEM)
Agenda Item #11
This time has been set aside to hear items from the audience not listed on the agenda. Items which appeared somewhere else on the agenda will not be heard at this time. The Council is not allowed to take any official action at this meeting on matters brought forward under this agenda item. Items may be referred to the appropriate staff or scheduled on a subsequent agenda. You must sign in at the start of the meeting in order to be recognized. (Note: Total time allotted for this item is fifteen (15) minutes, with a maximum of three (3) minutes per speaker.)
Agenda Item #12
  1. Explanation of hearing procedures by Mayor or staff.
    • Ten (10) minute time limit on applicant presentation.
    • Three (3) minute time limit on public testimony.
    • Names and addresses are required from those presenting/testifying.
    • Questions/comments should be addressed to the Mayor and Council.
    • Council members must make their decision regarding the application on facts already in the record and information presented at the public hearing. Conflicts of interest, site visits and ex-parte contacts by Council members will be acknowledged.
    • Protocol requires that Council and audience be recognized by the Mayor prior to speaking.
  2. Mayor opens hearing.
  3. Presentation by applicant.
    Note:  Remember, applicant bears the responsibility for making his/her case. This is also the time for Council members to ask their questions of the applicant.
  4. Presentation by staff.
  5. Written correspondence submitted for the record.
  6. Testimony by those supporting the application.
  7. Testimony by those uncommitted on the application.
  8. Testimony by opponents to the application.
  9. Rebuttal by the applicant.
  10. Mayor closes the hearing and initiates motion/deliberations.
    Note:  The Mayor may choose to require a motion prior to the discussion in order to focus deliberations, or, the Mayor may choose to allow deliberations prior to the motion in order to facilitate wording of the motion.
  11. Develop a written and reasoned statement supporting the decision.