CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING CLARIFICATION MEETING The City Council Agenda Clarification Meeting was called to order at 5:41 p.m. by Mayor Brian Blad. Council members present were Heidi Adamson, Roger Bray, Steve Brown, Jim Johnston, Gary Moore and Michael L. Orr. No motions, resolutions, orders, or ordinances were proposed. No vote was taken. REGULAR CITY COUNCIL MEETING AGENDA ITEM NO. 1: The Regular City Council meeting was called to order at 6:03 p.m. ROLL CALL AND by Mayor Brian Blad. Council members present were Heidi PLEDGE OF Adamson, Roger Bray, Steve Brown, Jim Johnston, Gary Moore and ALLEGIANCE Michael L. Orr. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was offered by Pastor Jonathan Dinger, INVOCATION 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 from the following meetings held on March 9, 2017: Study Session, Executive Session and Budget meeting. -PAYROLL AND (b) Payroll and material claims for the month of March 2017 in the MATERIAL CLAIMS amount of $6,687,765.72. -IDAHO (c) Approve an application to the Idaho Transportation Department in TRANSPORTATION the amount of $11,300.00 for the purpose of purchasing and DEPARTMENT distributing child passenger safety seats by Police staff and if the CHILD SAFETY SEAT grant is approved, authorize the Mayor to accept and sign GRANT-POLICE documents related to the grant. This is an annual grant and there is no City match of funds associated with this request. -VETERANS OF (d) Authorize the Veterans of Foreign Wars Post No. 735 of the United FOREIGN WARS States of America to conduct the May 2017 half-price licensing ANIMAL LICENSING campaign in the City of Chubbuck by selling Pocatello license tags at CAMPAIGN Smith s, PetCo and Walmart stores which are located in Chubbuck. A motion was made by Mr. Johnston, seconded by Mr. Brown, to approve the items on the consent agenda. Upon roll call, those voting in favor were Johnston, Brown, Adamson, Bray, Moore and Orr. AGENDA ITEM NO. 4: Mr. Bray, on behalf of Mayor Blad, proclaimed April 15, 2017 COMMUNICATIONS to be Portneuf Valley Community Environmental Fair Day and AND PROCLAMATIONS encouraged residents to participate in Earth Day celebrations.
REGULAR CITY COUNCIL MEETING 2 Hannah Sanger, Science and Environment Division Manager, thanked the Mayor and Council for the proclamation and announced upcoming events related to the Environmental Fair on April 15 th. Ms. Adamson, on behalf of Mayor Blad, proclaimed April 6, 2017 to be National Service Recognition Day in Pocatello and encouraged citizens to take time to show their appreciation and support for those whose efforts make their community a better place to live. Tammy Bartlett, Foster Grandparents volunteer, accepted the proclamation and thanked the Mayor and Council for the recognition of Pocatello s volunteers. Mr. Orr, on behalf of Mayor Blad, proclaimed the week of April 2 April 8, 2017 to be Crime Victims Rights Week in Pocatello. Becky Rodriguez, Pocatello Police Department, accepted the proclamation and thanked the Mayor and Council for the recognition. Mr. Brown, on behalf of Mayor Blad, proclaimed April 2017 to be Civitan Awareness Month in Pocatello and encouraged the residents of Pocatello to support the efforts of the Civitan organization in our community. A Civitan representative thanked the Mayor and Council for the Proclamation and announced upcoming Civitan-sponsored events. Mr. Johnston, on behalf of Mayor Blad, proclaimed April 2017 to be Fair Housing Month in Pocatello and urged citizens and businesses to increase their awareness of the Federal Fair Housing Act. Brenda Pollard, Community Development Block Grant Committee member and Melanie Gygli, Neighborhood and Community Services Director, accepted the proclamation from Mayor Blad and thanked the Council for their support. Ms. Pollard announced upcoming community events. AGENDA ITEM NO. CALENDAR REVIEW 5: Mayor Blad reminded the Council of the April 13 th Study Session at 9:00 a.m. immediately followed by a Budget Development meeting; and the April 20 th Regular City Council meeting at 6:00 p.m. Mayor Blad announced the Environmental Fair would be held April 15 th at Caldwell Park from 11:00 a.m. to 3:00 p.m. Citizens using any PRT fixed route or special service during Environmental Fair hours may ride for free to and from Caldwell Park; in conjunction with the Environmental Fair, a Medication Take-back Day will be held by law enforcement agencies to take back and safely dispose of unwanted medications to keep them out of our water supply; Zoo Idaho is now open on weekends only and will open seven days a week beginning May 1 st ; and the annual spring cleanup at City cemeteries continues through the end of April. Crews will be removing and discarding all flowers and decorations. Clean up is expected to continue through the end of April. Mr. Orr reminded citizens of the following events taking place in April: CommUniversity event at Idaho State University (ISU); Historic Preservation Symposium at ISU; AFL-CIO Picnic at Ross Park; and the Bengal Auction benefitting the Bengal Foundation. AGENDA ITEM NO. 6: Yvette Bays was present to appeal the decision of Police TAXI LICENSE Department staff which denied Ms. Bays a Taxi License. DENIAL APPEAL BAYS
REGULAR CITY COUNCIL MEETING 3 Sergeant Ralph Daniel, Support Services, stated Ms. Bays application was denied based upon her felony criminal history including fraud, public records falsification, grand theft and felony probation. He added that according to City Code, Police Department staff is required to deny the application if the applicant has been charged and/or convicted of a felony. Yvette Bays stated that the police report was true and accurate and she is currently on probation. She stated she is working through substance abuse issues and has completed a drug treatment program and regularly attends Alcoholics Anonymous meetings. Ms. Bays explained that she currently works for Bannock Transportation as a dispatcher and would like the opportunity to become a taxi driver. She stated mandatory drug testing twice a month is a condition of her probation and she will be on probation for 7 more years. A motion was made by Mr. Johnston, seconded by Mr. Moore, to overturn the decision of the Police Department and approve a taxi driver license to Yvette Bays. Upon roll call, those voting in favor were Johnston, Moore, Adamson, Bray and Brown. Mr. Orr voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 7: Council was asked to consider authorizing the City Building Official REQUEST TO USE to contract for service to clean up and secure the structure located at ABATEMENT FUNDS FOR 2255 Satterfield Drive. The home has been vacant for some time STRUCTURE LOCATED and recently suffered a fire that severely damaged portions of the AT 2255 SATTERFIELD building. DRIVE The property owner has been unresponsive to any contact and the building is a hazard to the surrounding neighborhood. Funds for abatement proceedings are located in Fund 964 Property Abatement Fund. A motion was made by Mr. Moore, seconded by Mr. Bray, to authorize the City Building Official to contract for service to clean up and secure the structure located at 2255 Satterfield Drive, as the property owner has been unresponsive to any contact and the building is a hazard to the surrounding neighborhood. Ms. Adamson expressed her desire to have the abatement include measures beyond being boarded up and that appropriate actions be taken to consider the aesthetics of the building. In response to questions from Council, Lynn Transtrum, Building Official, stated according to City Code, the process to abate is used when a building is damaged by fire or other disaster and the owners are not responsive or unable to secure the building. He explained the abatement process allows the City or its contractors to enter the property and eliminate immediate dangers. Mr. Transtrum added that because there has not been any response from the property owner, he is unaware if the home is insured. He explained that the abatement would include measures to keep individuals and animals out of the unsafe structure and that the extent of those measures would be up to the Council. Mr. Transtrum stated he recommends that: a) the debris be removed from the property; and b) board up the property to deter trespassing. He stated the cost of the abatement could be $2,000.00 to $3,000.00 for basic boarding or up to $20,000.00 for a new façade of the property. Mr. Transtrum clarified that all costs associated with the abatement would be added to the property tax assessment as a lien with the Bannock County Assessor and the City would be reimbursed when the property was sold by the property owner or by the County, if sold for default of taxes. He estimated that there is $68,000.00 in Fund 964 at this time. Mr. Transtrum recalled the abatement process has only been initiated about 10 times during his years with the City. He added that this property is unique because the owner has been unresponsive to
REGULAR CITY COUNCIL MEETING 4 all attempts at communication including certified mail, telephone calls and public postings on the property. Ms. Adamson suggested that the motion also include wording to indicate approval of abatement costs in an amount up to $20,000.00. Mayor Blad reminded the Council that there is a motion on the floor. Mr. Moore stated he would accept the amended motion to include an abatement amount not to exceed $20,000.00. Mr. Bray stated he hesitates to second the amended motion, as he is concerned about taking such a large amount of money out of the reserve fund, especially when there is no set timeline for the funds to be recovered by the County. Rich Diehl, Deputy City Attorney, clarified that the abatement process is the appropriate course of action in order for the City to enter upon the private residence and alleviate possible dangers. Mr. Transtrum clarified that because the homeowner is unresponsive, it has become the City s responsibility to secure the building and prevent unauthorized entry. He added that individuals previously found squatting on the property have been trespassed by the Police Department. Joyce Stroschein, Chief Financial Officer, clarified that there is approximately $105,000.00 in Fund 964 Property Abatement Fund. She added that funds are received through a 2% fee charged when a building permit is purchased. Ms. Stroschein stated approximately $6,000.00 has been used from Fund 964 and is awaiting payment through the tax assessment reimbursement process. Mr. Bray seconded the amended motion at this time. Mr. Transtrum stated according to code, a property can be condemned when it meets 18 conditions classifying it as a dangerous property. He clarified that the property located at 2255 Satterfield Drive meets only 5 of those conditions; therefore, demolition of the entire home is not a viable option. Mr. Transtrum added that $20,000.00 is merely an estimate and it would be necessary to obtain bids from licensed contractors in order to have a more accurate amount necessary for the abatement. Council discussed the possibility of having Mr. Transtrum return to the Council for final approval regarding abatement options after formal bids have been received by contractors. Mr. Brown expressed his support for reasonable abatement as determined by the Building Official. Mr. Moore reminded the Council that the issue at hand is regarding hazard abatement and if the Council desires to take actions beyond appropriate safety measures, that the abatement policy should be modified to reflect that decision. Mr. Bray withdrew his second to the amended motion. Mr. Moore s original motion was voted upon at this time. Upon roll call, those voting in favor were Moore, Bray, Adamson, Brown, Johnston and Orr. Mayor Blad announced he will review all bids to secure the property prior to giving authorization to move forward.
REGULAR CITY COUNCIL MEETING 5 AGENDA ITEM NO. 8: Council was asked to consider a request from Old Town Pocatello TEMPORARY STREET (mailing address: PO Box 222, Pocatello, ID 83204) to close the 200 CLOSURE REQUEST block of West Fremont and a portion of the 300 and 400 blocks of -OLD TOWN Union Pacific Avenue for the following 2017 events: POCATELLO -REVIVE @ 5 a) Revive @ 5 Wednesdays, May 24 th to September 6 th from 2:00 p.m. to 10:00 p.m.; -PORTNEUF VALLEY b) Portneuf Valley Farmers Market Saturdays, May 6 th to October FARMERS MARKET 28 th (includes parking lot closure 6:00 a.m. to 2:00 p.m.); -POCATELLO PRIDE c) Pocatello Pride Saturday, June 24 th from 2:00 p.m. to 10:00 p.m.; and -RECOVERY FEST d) Recovery Fest Friday, September 15 th from 2:00 p.m. to 10:00 p.m. City Staff has reviewed the request. A motion was made by Mr. Bray, seconded by Mr. Johnston, to approve the request from Old Town Pocatello to close the 200 block of West Fremont and a portion of the 300 and 400 blocks of Union Pacific Avenue for 2017 events as outlined in Agenda Item No. 8(a) through 8(d). Upon roll call, those voting in favor were Bray, Johnston, Adamson, Brown, Moore and Orr. AGENDA ITEM NO. 9: Council was asked to consider a request from Old Town Pocatello OPEN CONTAINER (mailing address: PO Box 222, Pocatello, ID 83204) for a waiver of WAIVER REQUEST the open container ordinance to allow alcohol to be consumed in - OLD TOWN the 200 block of West Fremont and a portion of the 400 block of POCATELLO Union Pacific Avenue for Revive @ 5 events Wednesdays, May 24 to September 6, 2017. If the open container ordinance is waived it should be contingent upon the applicant meeting Police Department requirements and purchasing appropriate permits. A motion was made by Mr. Moore, seconded by Mr. Bray, to approve a request from Old Town Pocatello for a waiver of the open container ordinance to allow alcohol to be consumed in the 200 block of West Fremont and a portion of the 400 block of Union Pacific Avenue for Revive @ 5 events, Wednesday, May 24 to September 6, 2017, contingent upon the applicant meeting Police Department requirements and purchasing appropriate permits. Upon roll call, those voting in favor were Moore, Bray, Adamson, Brown, Johnston and Orr. AGENDA ITEM NO. 10: Council was asked to consider a grant from the Preusser Research SEATBELT Group, Inc. through National Highway Traffic Safety ENFORCEMENT Administration (NHTSA) in the amount of $50,000.00 for seat belt GRANT-POLICE enforcement and research. Police Department staff will use $25,000.00 to purchase equipment and $25,000.00 will go toward overtime compensation for seat belt enforcement. The grant requires no matching funds. A motion was made by Mr. Orr, seconded by Mr. Johnston, to approve a grant from Preusser Research Group, Inc. through National Highway Traffic Safety Administration (NHTSA) in the amount of $50,000.00 for seat belt enforcement and research. Police Department staff will use $25,000.00 to
REGULAR CITY COUNCIL MEETING 6 purchase equipment and $25,000.00 will go toward overtime compensation for seat belt enforcement. Upon roll call, those voting in favor were Orr, Johnston, Adamson, Bray, Brown and Moore. AGENDA ITEM NO. 11: Council was asked to accept the recommendations of Street SOLE SOURCE Operations staff and approve the purchase of GSB-88 2:1 + Latex DECLARATION OF Emulsion from Asphalt Systems, Inc. to be a valid sole source LATEX EMULSION expenditure for the City s 2017 Summer Paving Program and PURCHASE authorize the Mayor to sign documents related to the purchase. The STREET OPERATIONS product is a trademarked material that no other company makes and therefore, it is impractical/impossible to obtain three bids. The amount requested is 96 tons for a total purchase price of $70,150.00 (F.O.B. Salt Lake City, Utah). A motion was made by Mr. Moore, seconded by Mr. Orr, to accept the recommendations of Street Operations staff and approve the purchase of GSB-88 2:1 + Latex Emulsion from Asphalt Systems, Inc. to be a valid sole source expenditure for the City s 2017 Summer Paving Program and authorize the Mayor to sign documents related to the purchase of 96 tons for a total purchase price of $70,150.00 (F.O.B. Salt Lake City, Utah). The product is a trademarked material that no other company makes and therefore, it is impractical/impossible to obtain three bids. Upon roll call, those voting in favor were Moore, Orr, Adamson, Bray, Brown and Johnston. AGENDA ITEM NO. 12: Council was asked to consider the following piggy-back bids and if PIGGY BACK BIDS they are accepted, authorize the Mayor to sign the necessary -STREET OPERATIONS documents, subject to Legal Department review. The piggy-back bids are: -IDAHO ASPHALT a) Sealing oil for the 2017 paving program. 249 tons (CRS-2 or CRS- SUPPLY, INC. 2P sealing oil at $398.00 per ton ($411.75 FOB jobsite); 20 tons CSS-1H-DIL 50/50 $312.00 per ton ($325.75 FOB job site); and 83 tons Quickseal 50 at $372.00 per ton ($385.75 FOB job site). Total price is approximately $136,218.00; -VALLEY b) For approximately 300,000 square yards of in-place Slurry Surface SLURRY SEAL product. Total estimated price is $408,000.00. -MICKELSEN c) Hot Mix Asphalt 1,000 tons at $54.00 per ton for a total price of CONSTRUCTION $54,000.00. COMPANY These vendors have agreed to honor piggy-back prices as outlined in their bid documents. Funds are available in the Street Department s Fiscal Year 2017 budget. A motion was made by Mr. Bray, seconded by Mr. Brown, to accept the piggy-back bids as outlined in Agenda Item No. 12(a) through 12(c) and authorize the Mayor to sign the necessary documents, subject to Legal Department review. Upon roll call, those voting in favor were Bray, Brown, Adamson, Johnston, Moore and Orr.
REGULAR CITY COUNCIL MEETING 7 AGENDA ITEM NO. 13: Council was asked to adopt a resolution and authorize execution of COOPERATIVE an agreement between the State of Idaho and City of Pocatello for AGREEMENT AND the following project: A City project for placement of fiber optics RESOLUTION and conduit in the public right-of-way will encompass the State s US US HIGHWAY 30/ Highway 30/Philbin Road signalization project. The City has PHILBIN ROAD agreed, subject to Legal Department review, to install additional INTERSECTION conduit and required junction boxes for the State s signalization PROJECT project. Costs for the additional installation work in the amount of $31,325.00 will be paid by the State of Idaho. A motion was made by Mr. Johnston, seconded by Mr. Orr, to adopt a resolution (2017-05) and authorize execution of an agreement between the State of Idaho and City of Pocatello for a City project for placement of fiber optics and conduit in the public right-of-way encompassing the State s US Highway 30/Philbin Road signalization project and install additional conduit and required junction boxes for the State s signalization project, subject to Legal Department review and that the costs for the additional installation work in the amount of $31,325.00 will be paid by the State of Idaho. Upon roll call, those voting in favor were Johnston, Orr, Adamson, Bray, Brown and Moore. AGENDA ITEM NO. 14: Council was asked to reconsider their motion to remit the COUNCIL annexation of approximately 74.69 acres of land extending the City RECONSIDERATION limits east of Butte Street, Clearwater Street, Satterfield Drive and OF ANNEXATION Legacy Drive to the Planning and Zoning Commission as so moved at the March 16, 2017 Council meeting. The City received written consent from the property owners, David Lowry and Michele Russell, stating that they no longer oppose the annexation of the above property. Given this consent, the annexation request may move forward. A motion was made by Ms. Adamson, seconded by Mr. Moore, to reconsider the Council s motion and not remit the annexation of approximately 74.69 acres of land extending the City limits east of Butte Street, Clearwater Street, Satterfield Drive and Legacy Drive to the Planning and Zoning Commission as was moved at the March 16, 2017 Council meeting. Upon roll call, those voting in favor were Adamson, Moore, Bray, Brown, Johnston and Orr. AGENDA ITEM NO. 15: This time was set aside for the Council to hear comments from the PUBLIC HEARING public concerning a request by Ryan Satterfield of Pocatello Creek -ANNEXATION OF Development Corp. (mailing address: 2432 Andrew Street, LAND EAST OF Pocatello, ID 83201), Ted S. and Janice M. Crandall (mailing BUTTE STREET, address: 2130 Satterfield Drive, Pocatello, ID 83201), David Lowry CLEARWATER STREET, and Michele Russell (mailing address: 3041 Trevor Street, Pocatello, SATTERFIELD DRIVE ID 83201), and Michael J. Thomson of the Presiding Bishop of the AND LEGACY DRIVE Church of Jesus Christ of Latter-Day Saints (mailing address: 50 East North Temple Street, 10 th Floor, Salt Lake City, UT 84150), represented by Rocky Mountain Engineering and Surveying (mailing address: 600 East Oak Street, Pocatello, ID 83201). The request is to annex and zone approximately 74.69 acres of land extending the City limits east of Butte Street, Clearwater Street, Satterfield Drive and Legacy Drive. At their meeting on February 22, 2017, the Planning and Zoning Commission recommended approval of the request. Mayor Blad opened the public hearing.
REGULAR CITY COUNCIL MEETING 8 Council members announced there had been no ex parte communication. Mr. Orr clarified the public hearing is regarding the annexation of the property as outlined. Mitch Greer, Rocky Mountain Engineering and Surveying, gave an overview of the request to annex and zone approximately 74.69 acres of land as outlined. He clarified that the annexed area can be served through existing infrastructure and could support 10 to 20 different residential subdivisions. Mr. Greer stated concerns from residents have been received and addressed regarding water pressure, stormwater, traffic flow and City services. In response to questions from Council, Mr. Greer stated if the land is exclusively developed into houses, it could support between 200 and 300 single family homes. In response to questions from Council, Matthew Lewis, Planning Division Manager, announced one letter of written correspondence had been received and copies of the correspondence has been distributed to the Council. Merril Quayle, Development Engineer, stated he did not anticipate a signal addition on Butte Street, due to the close proximity of the traffic signal on Fairway Drive and Olympus Drive. He added that as development continues, a signal would be considered, possibly closer to Chubbuck Road within the next 10 years. Mr. Quayle addressed the Council s questions regarding water flow and water pressure in the proposed annexation area. He stated a new zone was created when Greenfield Development was being developed. Mr. Quayle added pressure testing indicated lines in the new area record 80 psi and above, which is within the recommended range. He explained that as irrigation systems are restarted, pressure fluctuations would occur and Water Department staff will work with homeowners to address any concerns. Dan Snell, 2975 Clearwater Street, spoke in support of the annexation. He asked that special consideration be given to extend Chubbuck Road and address traffic issues in the area. Mr. Snell stated he would appreciate cooperation with School District No. 25 to address traffic issues in the Highland High School area. Idaho Lorax, Pocatello resident, spoke uncommitted on the proposal. He is concerned about property issues and environmental matters. Joey Yeana, Pocatello resident, spoke uncommitted on the proposal. He feels the addition would be positive, but questioned why the area is not being developed as a multi-family development. Evan Frasure, 2059 Butte Street, spoke uncommitted on the proposal. He expressed support for the construction of a temple by the Church of Jesus Christ of Latter-day Saints. He stated he supports expansion of access roads, if necessary. Mr. Greer clarified the zoning would not be high density, due to the terrain of the area. He added that alleviating traffic issues is a priority. There being no further public comments, Mayor Blad closed the public hearing. A motion was made by Mr. Bray, seconded by Ms. Adamson, to approve a request to annex and zone approximately 74.69 acres of land extending the City limits east of Butte Street, Clearwater Street, Satterfield Drive and Legacy Drive, as outlined and that the decision be set out in appropriate Council decision format. Upon roll call, those voting in favor were Bray, Adamson, Brown, Johnston, Moore and Orr.
REGULAR CITY COUNCIL MEETING 9 AGENDA ITEM NO. 16: Idaho Lorax, Pocatello resident, shared his concerns regarding DISCUSSION ITEMS emergency response time and announced his candidacy for the local school board. There being no further business, Mayor Blad adjourned the meeting at 7:47 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK