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 5:42 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 6:05 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 Merrianne Forrest, representing INVOCATION H.S. Jeshua Ministries. 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 Clarification meeting and Regular Council meeting of February 2, 2017; Study Session of February 9, 2017; and Special City Council meeting of February 16, 2017. -PAYROLL AND (b) Payroll and material claims for the month of February 2017 in the MATERIAL CLAIMS amount of $7,228,981.22. -FORT HALL REPLICA (c) Confirm the Mayor s reappointment of Lynn Murdoch to continue COMMISSION her service as a member of the Fort Hall Replica Commission. Ms. REAPPOINTMENT Murdoch s term will begin March 22, 2017 and will expire March 22, 2021. -NCOA ANIMAL (d) Authorize the Non-Commissioned Officers Association (NCOA) of LICENSING the United States of America to conduct the May 2017 half-price pet CAMPAIGN licensing campaign by selling license tags in supermarkets and other venues as they have done since 1977. -ADDENDUM TO (e) Approve an Addendum to the Fiscal Year 2016-2017 Collective COLLECTIVE Bargaining Agreement for the Portneuf Valley Fraternal Order of BARGAINING Police Local Lodge No. 13, Article 17-Social Security Replacement, AGREEMENT clarifying mid-year changes allowed to PERSI 401(k) -FRATERNAL ORDER contribution/election. OF POLICE A motion was made by Mr. Johnston, seconded by Mr. Bray, to approve the items on the consent agenda. Upon roll call, those voting in favor were Johnston, Bray, Adamson, Brown, Moore and Orr.
REGULAR CITY COUNCIL MEETING 2 AGENDA ITEM NO. 4: Mayor Blad welcomed boy scouts from Troop No. 336 and No. 312. COMMUNICATIONS AND PROCLAMATIONS Mr. Bray, on behalf of Mayor Blad, read a proclamation declaring March 8, 2017 to be Registered Dietitian Nutritionist Day in Pocatello and encouraged citizens to recognize the contributions made by Registered Dietitian Nutritionists. Amy Kramer, representing Pocatello Dietitians, thanked the Mayor and Council for the proclamation. She gave an overview of the roles and importance of Registered Dietitian Nutritionists. Ms. Kramer announced upcoming community events. Mr. Johnston, on behalf of Mayor Blad, read a proclamation declaring March 2017 to be National Nutrition Month in Pocatello and encouraged citizens to be mindful of nutrition in their everyday lives. Amy Kramer, representing Pocatello Dietitians, thanked the Mayor and Council for the proclamation and distributed nutrition information to Council members and those in attendance. AGENDA ITEM NO. CALENDAR ITEMS 5: Mayor Blad reminded the Council of the March 9 th Study Session at 9:00 a.m. followed by an Executive Session followed by a Budget Development meeting; the March 16 th Budget Development meeting at 9:00 a.m.; and Regular City Council meeting at 6:00 p.m. Mayor Blad announced Marshall Public Library will host Idaho Day book discussion at 3:00 p.m. March 4 th ; Flag design contest voting will continue through March 31 st. View contest submissions and vote for your favorite flag design at the Marshall Public Library or the City s website; and the annual spring cleanup at City cemeteries begins April 3 rd and is expected to continue through the end of April. Crews will remove and discard all flowers and decorations. Citizens are asked to remove decorations they have placed on a cemetery space if they wish to avoid disposal of the item by staff. Mr. Johnston reminded citizens of the Frank Church Symposium at Idaho State University March 2 nd and 3 rd. AGENDA ITEM NO. 6: Ryan and Amanda Hope (mailing address: 5510 Nez Perce Drive, SHORT PLAT Pocatello, ID 83204) and City of Pocatello (mailing address: PO Box BANNOCK HIGHWAY 4169, Pocatello, ID 83205) have submitted an application to BIKE STOP subdivide approximately 0.49 acres into two (2) lots located on SUBDIVISION Bannock Highway, south of Shoshoni Trail. Staff recommended approval of the request with conditions as outlined in the staff report. A motion was made by Mr. Orr, seconded by Mr. Moore, to approve a request by Ryan and Amanda Hope to subdivide approximately 0.49 acres into two (2) lots located on Bannock Highway, south of Shoshoni Trail, with the following conditions: 1) the conditions set out in the Public Works Department Memorandum from Merril Quayle, P.E. dated February 23, 2017, with the exception of item number 8, shall be met; 2) waive the requirement of Lots 1 and 2 to have curb, gutter and sidewalk and asphalt patch back for the full frontage of the proposed subdivision therefore the regulations of Pocatello Municipal Code Section 16.24.100 do not apply; 3) accept Lot 1 Block 1 for the public s use and benefit of a bike stop. Lot 1 Block 1 shall have an R restriction placed on the final plat prohibiting any non-public use for said property; 4) any proposed Subdivision Covenants, Conditions and Restrictions (CCR s) shall be submitted to the City for review and approval by the Legal
REGULAR CITY COUNCIL MEETING 3 Department prior to recording; 5) all corrections to the preliminary short plat which were noted by City Staff shall be made prior to recording of the final plat; and 6) all other standards and conditions of Municipal Code not herein discussed but applicable to residential development shall apply and that the subdivision formerly known as Bannock Highway Bike Stop Subdivision shall be known as Hope Subdivision and that the decision be set out in appropriate Council decision format. Upon roll call, those voting in favor were Orr, Moore, Adamson, Bray, Brown and Johnston. AGENDA ITEM NO. 7 Council was asked to accept the recommendation of Police -POLICE MOTOROLA Department staff and declare the purchase of 65 Motorola portable RADIOS SOLE SOURCE radios from Clark Radio to be a valid sole source expenditure, as this EXPENDITURE AND provider is the only Motorola provider in the Pocatello area. DECLARATION The radio purchase, in the amount of $275,799.72, will provide compatibility with the 26 Motorola portable radios purchased in Fiscal Year 2016. Council may also wish to authorize the Mayor to sign any contractual documents related to the purchase, subject to Legal Department review. Funding is available in the Police Department s Fiscal Year 2017 budget. A motion was made by Mr. Moore, seconded by Mr. Bray, to accept the recommendation of Police Department staff and declare the purchase of 65 Motorola portable radios from Clark Radio to be a valid sole source expenditure in the amount of $275,799.72. Upon roll call, those voting in favor were Moore, Bray, Adamson, Brown, Johnston and Orr. AGENDA ITEM NO. 8: Council was asked to adopt a resolution related to the previously RESOLUTION FOR approved State/Local Agreement with Idaho Transportation ITD AGREEMENT Department (ITD) in the amount of $436,634.00 for the -PATHWAY TO development and construction of a Portneuf Greenway path to MONTE VISTA DRIVE Monte Vista Drive. The City s match will be $32,049.00 (7.34%) which will be paid by the Portneuf Greenway Foundation. The State/Local Agreement came before Council for consideration at the May 19, 2016 Regular Council meeting. The agreement was approved subject to Legal Department review. A motion was made by Mr. Johnston, seconded by Ms. Adamson, to adopt a Resolution (2017-04) related to the previously approved State/Local Agreement with Idaho Transportation (ITD) in the amount of $436,634.00 for the development and construction of a Portneuf Greenway path to Monte Vista Drive with a City match of $32,049.00 (7.34%) to be paid by the Portneuf Greenway Foundation. Upon roll call, those voting in favor were Johnston, Adamson, Bray, Brown, Moore and Orr. AGENDA ITEM NO. 9: This time was set aside to continue the public hearing which PUBLIC HEARING began on February 16, 2017 and allow the Council to receive CONTINUATION comments from the public concerning a reconsideration request RECONSIDERATION of the Hearing Examiner s decision approving a conditional use OF HEARING EXAMINER permit for a supervised group living facility at 916 East Sublette DECISION FOR 916 EAST Street. SUBLETTE STREET
REGULAR CITY COUNCIL MEETING 4 The decision is being appealed by Alfreda Vann representing the Bonneville Neighborhood Association (mailing address: 939 North 9 th Avenue, Pocatello, ID 83201). The applicant for the conditional use permit is John Leith, representing Jacqueline Thomas of Praise Temple of God (mailing address: 653 North 11 th Avenue, Pocatello, ID 83201). Mayor Blad declared the public hearing continued. Mayor Blad announced Ms. Adamson and Mr. Johnston have recused themselves from discussion and voting upon Agenda Item No. 9, due to ex parte communication with the applicant. Alfreda Vann serves as secretary of the Bonneville Neighborhood Association and gave an overview of the Association. She stated the Bonneville Neighborhood Association was formed in 2003 and covers the geographical areas between 1 st Avenue to 15 th Avenue from Center Street to Oak Street. Ms. Vann explained that the neighborhood is one of six core neighborhoods in Pocatello and includes approximately 70 businesses and enterprises. She stated the Association is opposed to the Hearing Examiner s decision approval of a Conditional Use Permit (CUP) for a supervised group living facility at 916 East Sublette Street, as the Association members feel it is an unsound business enterprise which could be risky for the neighborhood and its residents. Ms. Vann explained that the CUP application lists the business as a supervised group living facility, yet the project has been repeatedly referred to as a homeless shelter, which is not permitted, according to City Code. Paul Guisande, Big Momma s House Board of Directors representative, gave an overview of the planned supervised group living facility. He stated the local homeless shelter, Aid For Friends, provides immediate shelter, but cannot provide housing services to all individuals and families in need. Mr. Guisande explained that the supportive housing project would provide drug and alcohol counselling, mental health support and spiritual support. He added that the Board of Directors meets on a regular basis to outline the guidelines of the professional operation. Mr. Bray stated he is concerned about the Hearing Examiner s approval condition which requires residents to stay a minimum of 30 days at the supervised group living facility. He shared statistics regarding longevity at substance abuse centers and homeless shelters indicating individuals do not stay a full 30 days at such facilities. Mr. Bray stated that the issue is a land use issue and he is concerned that the facility supervisors would be unable to meet the Hearing Examiner s condition and guarantee a resident s 30-day stay. In response to a question from Council, Alessandra Toscanelli, program director for Hope and Recovery, stated the requirements and operations of the proposed facility have been successfully implemented in other facilities in Seattle, Los Angeles and Salt Lake City. She added that the concept of supportive housing is not a new one, but it is a new concept to the Pocatello area. Matthew Lewis, Planning Division Manager, gave an overview of the application process and decision by the Hearing Examiner approving the Conditional Use Permit application with conditions. He explained that a supervised group living facility is only allowed in the Residential zone through a Conditional Use Permit (CUP). Mr. Lewis added that a homeless shelter is not allowed within a Residential area, but is allowed within a Commercial General zone. He explained that tenancy is the factor which determines the difference in the two facilities. A supervised facility requires residency for 30 days or more and that any stay less than 30 days would be considered a homeless shelter. Mr. Lewis stated the reconsideration application was submitted by the neighborhood association based upon the unknown operational characteristics of the facility. He clarified the property is in a Residential zone and uses other than primarily residential would require approval by Council.
REGULAR CITY COUNCIL MEETING 5 Mayor Blad announced no written correspondence had been received. Ted Tademy, 945 East Sherman Street, spoke in support of the reconsideration request. He is concerned that the facility has been referred to on numerous occasions as a homeless shelter, and he feels that would not be good for the neighborhood. Mr. Tademy shared a support letter from Mayor Blad with the Council. June Tademy, 945 East Sherman Street, spoke in support of the reconsideration request. She stated she has first-hand experience of the negative effects upon a neighborhood when introducing homeless facilities to an area. Ms. Tademy is particularly concerned with potential litter issues, property maintenance and security issues. Curtis Tillotson, 936 East Sublette Street, spoke in support of the reconsideration request and encouraged the Council to overturn the decision of the Hearing Examiner. He feels the proposed business does not have an adequate business plan and that the business operations manual refers to the project as a homeless shelter. Mr. Tillotson feels the neighborhood residents have not been adequately informed of the planned facility. Lisa Smith, 942 Willow Lane, spoke in support of the reconsideration request. She feels it is difficult to determine if the facility will be a homeless shelter or supervised group living facility. Ms. Smith is concerned about the 30-day tenancy requirement and feels the land use goes against City code. Julia Ann Ferrell, 843 North 10 th Avenue, spoke in support of the reconsideration request. She stated she lives two blocks from the facility and feels the City requirements have not been met and more detailed information regarding the operation of the facility must be obtained. Ms. Ferrell is concerned about the professional status of counselors and the financial stability of the proposed facility. Janell Kaneaster, 858 North 10 th Avenue, spoke in support of the reconsideration request. She stated she is proud of the neighborhood and would appreciate the City Council s support in preserving the local neighborhoods. Shauna Engen, 747 Washington Street, spoke in support of the reconsideration request. She stated she is concerned that the proposed facility is a homeless shelter, which is not permitted in the proposed zoned area. Ms. Engen feels the facility needs to be placed in a location where it can be a good resource for individuals who are homeless. Jamie Hudson, 835 North 9 th Avenue, spoke in support of the reconsideration request. She stated she is concerned about the quality of services planning to be provided to individuals living at the facility. Ms. Hudson stated her grandmother lives in close proximity to the proposed facility and is concerned about the peace and safety of the neighborhood. Idaho Lorax, Pocatello citizen, spoke uncommitted on the matter. He stated his main concern is citizen safety. Alessandra Toscanelli, 122 South Main Street, serves as the program director for Hope and Recovery Resource Center, and spoke in opposition to the appeal. She feels the outlined proposal of services for the facility would be a benefit to the community. Ms. Toscanelli stated the business plan is modeled after other successful supervised group living facilities located in the United States. She believes supportive services being planned will also connect individuals with agencies specific to their needs.
REGULAR CITY COUNCIL MEETING 6 Lynn Chappelle, 846 East Poplar Street, spoke in opposition to the appeal. He stated he previously served as President of the Board of Directors for the Friendship Club and feels the proposed facility would provide much-needed services to the community. Mr. Chappelle feels recovery services are necessary to offer hope and foundation to those in need. Laura Gleason, 340 Wayne Avenue, spoke in opposition to the appeal. She feels the business plan which includes wrap around services is a successful model used in many other facilities. Ms. Gleason stated other agencies in the community will be used as resources to the supervised group living facility. Jeremiah Moyes, 122 South Main Street, spoke in opposition to the appeal. He stated he works with Idaho State University workforce development and feels the proposed facility will address the issue of homelessness while helping individuals learn skills for success. Mr. Moyes stated the proposed operations of the facility would include opportunities to give back to the community. LeAnn Caldwell, 20 Trail Creek Road, spoke in opposition to the appeal. She stated she is a family nurse practitioner and serves on the board of Big Momma s House and plans to volunteer at the proposed facility. Ms. Caldwell stated the admission process to the supervised group living facility may take 2-3 days and will include background checks on prospective residents. She clarified that individuals may be referred to Aid for Friends during the 2-3 day admission process. Pastor Jacqueline Thomas, 653 North 11 th Avenue, stated the purpose of Big Momma s House is to take care of individuals in Pocatello who are in need. She shared her own experience of being homeless for over six years and feels it is important to provide services to those in need. There being no further public comments, Mayor Blad closed the public hearing. In response to questions from Council, Paul Guisande stated the Board of Directors is working to have the business plan with intake process completed in May or June. He clarified that supervisors at the facility would be professionally trained to ensure the residents received the proper counseling and supervision. Mr. Guisande stated if the Conditional Use Permit is not allowed at 916 East Sublette, the Board of Directors would find another location for consideration. Mr. Bray stated he is concerned about future financial liability of the planned facility and the continued financial stability after operation begins. He feels additional information from the applicant is necessary regarding the business plan. In response to questions from Council, Mr. Lewis explained that if the reconsideration is approved and the Conditional Use Permit denied, an applicant must wait a period of one year before applying for a CUP for that particular location. In response to questions from Council, Gil Judkins, Big Momma s House Board of Directors, stated a purchase and sale agreement has been signed for the property located at 916 East Sherman, contingent upon the results of the Conditional Use Permit application. Mr. Judkins added that if the appeal is granted, the board would then look for another suitable location. Dean Tranmer, City Attorney, clarified that in case of a tie vote, the Mayor would be called upon to cast the deciding vote. He explained the state code and requirements regarding recusal of a voting member and concluded that if necessary, Mayor Blad would be eligible to cast a tie breaking vote in the matter.
REGULAR CITY COUNCIL MEETING 7 Mr. Moore stated the issue at hand is a zoning issue and it is the Council s responsibility to do what s right for neighborhoods and the citizens. He explained that the Council must take into consideration all testimony in order to make the correct decision. A motion was made by Mr. Moore, seconded by Mr. Orr, to approve an appeal by Afreda Vann representing the Bonneville Neighborhood Association, and overturn the January 17, 2017 Hearing Examiner decision approving a Conditional Use Permit for a supervised group living facility at 916 East Sublette Street. Mr. Orr stated the concept of supportive housing is important but he feels a solid operations plan must be in place before proceeding. Mr. Brown stated he feels adequate information has not been received regarding the operation and the plans to meet the specified conditions for the Conditional Use Permit. Mr. Bray stated it is important to consider the desires of the residents and the potential impact upon the neighborhood when considering a Conditional Use Permit. Mayor Blad stated he is confident that the planned supervised group living facility project will come to fruition at some point in time in Pocatello. He expressed his support for agencies and individuals who serve the needs of others in the community. Upon roll call, those voting in favor were Moore, Orr, Bray and Brown. Mayor Blad thanked those in attendance for their professional participation during the public hearing. AGENDA ITEM NO. 10: Council was asked to consider an ordinance repealing Ordinance ORDINANCE No. 2902 regarding the Cable TV Franchise ordinance and -REPEAL CABLE TV Agreement, dated October 6, 2011, effective upon publication. The FRANCHISE State Legislature enacted new language to the Idaho Code pre- ORDINANCE empting the regulation of issuing cable franchise. This item was presented to the Council at the February 9, 2017 Study Session at which time the Council concurred with City staff s recommendation to repeal this ordinance. A motion was made by Mr. Bray, seconded by Mr. Moore, that the Ordinance, Agenda Item No. 10, 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, Moore, Adamson, Brown, Johnston and Orr. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance repealing Ordinance No. 2902 regarding the Cable TV Franchise ordinance and Agreement, dated October 6, 2011, effective upon publication. Mayor Blad asked Shall the ordinance pass? Upon roll call, those voting in favor were Adamson, Bray, Brown, Johnston, Moore and Orr. Mayor Blad declared the ordinance and summary sheet passed, that it be numbered 2980 and be submitted to the Idaho State Journal for publication. AGENDA ITEM NO. 11: Idaho Lorax, Pocatello citizen, shared his concerns regarding DISCUSSION ITEMS ethics and access to information.
REGULAR CITY COUNCIL MEETING 8 Brett Brownfield, Pocatello citizen, announced a community March for Science on April 22 nd and encouraged residents to attend the event. There being no further business, Mayor Blad adjourned the meeting at 8:50 p.m. APPROVED BY: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK