City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING JANUARY 5, 2012 CLARIFICATION The City Council Agenda Clarification MEETING Meeting was called to order at 5:34 PM by Mayor Brian Blad. Council members present were Roger Bray, Steve Brown, Craig Cooper, Jim Johnston, Gary Moore and Eva Johnson Nye. 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 ROLL CALL AND to order at 6:03 PM by Mayor Brian Blad. PLEDGE OF Council members present were Roger Bray, ALLEGIANCE Steve Brown, Craig Cooper, Jim Johnston, Gary Moore and Eva Johnson Nye. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was given by Mike Jablonski, INVOCATION representative from Blazing Grace Church. AGENDA ITEM NO. 3: Council was asked to consider the following CONSENT AGENDA business items: -MINUTES (a) Waive the oral reading of the minutes and approve the minutes from the Clarification meeting and Regular Council meeting of November 17, 2011; the Study Session of December 8, 2011; and Executive Session of December 15, 2011. -PAYROLL AND (b) Payroll and materials claims for December MATERIAL CLAIMS 2011 in the amount of $5,054,987.37. -FORT HALL (c) Confirm the Mayor’s appointment of Dorsey REPLICA COMMISSION Plenty Wounds to serve as a member of the APPOINTMENT Fort Hall Replica Commission, filling a long-term vacancy. Mr. Plenty Wounds’ term will begin January 6, 2012, and will expire January 6, 2016. A motion was made by Mrs. Nye, seconded by Mr. Johnston, to approve the items on the Consent Agenda. Upon roll call, those voting in favor were Nye, Johnston, Bray, Brown, Cooper and Moore. REGULAR CITY COUNCIL MEETING 2 JANUARY 5, 2012 AGENDA ITEM NO. 4: Ruth Whitworth, City Clerk, administered the INSTALLATION OF oath of office to the newly-elected City NEWLY-ELECTED Council members. Council member Jim COUNCIL MEMBERS Johnston was sworn in, followed by Council members Steve Brown and Eva Johnson Nye. Each person assumed the dais as they completed their oath. AGENDA ITEM NO. 5: Council took this opportunity to elect a ELECTION OF President of the Council in conformance with COUNCIL PRESIDENT Idaho Code Section 50-702. A motion was made by Mr. Johnston, seconded by Mrs. Nye, to elect Council member Roger Bray as Council President. Upon roll call, those voting in favor were Johnston, Nye, Bray, Brown, Cooper and Moore. Mayor Blad expressed appreciation to Mrs. Nye for serving as Council President during the past two years and welcomed Mr. Bray as the new Council President. Mrs. Nye thanked the Council and stated she enjoyed serving as the Council President. AGENDA ITEM NO. 6: Mayor Blad announced that there were no COMMUNICATIONS AND communications or proclamations. PROCLAMATIONS AGENDA ITEM NO. 7: Mayor Blad reminded the Council that the CALENDAR REVIEW January 12th Study Session had been canceled due to a lack of agenda items and the January 19th Regular City Council meeting would be held at 6:00 PM. Mayor Blad announced that on January 16th following the annual Martin Luther King, Jr. march, the Human Relations Advisory Committee will host a program honoring Idaho Senator Edgar Malepeai at 2:00 PM at ISU’s Bengal Theater; and City offices will be closed January 16th for Martin Luther King, Jr. Day. However, garbage and recycling pick-ups will be on schedule. AGENDA ITEM NO. 8: Ralph Baker, 755 North Arthur, stated that DISCUSSION ITEMS constitution classes are scheduled to take FROM THE AUDIENCE place on the 2nd and 4th Thursdays of each month at Chubbuck City Hall. Mr. Baker handed out informational brochures to the Council members and invited them to attend. Niki Taysom, Pocatello resident, shared her concerns regarding government programs and foreign business development in Idaho. AGENDA ITEM NO. 9: This time was set aside for the Council to REGULAR CITY COUNCIL MEETING 3 JANUARY 5, 2012 PUBLIC HEARING receive comments from the public regarding a –LAND USE EXCEPTION request by Jedd Thomas (mailing address: 2262 BIRDIE THOMPSON 2049 Sunrise Way, Pocatello ID 83201), for DRIVE an exception to the requirement to apply for an amendment to the conditional use permit (CUP) that was issued in 2006 for two 4,000 square foot (2-story) medical office buildings at 2262 Birdie Thompson Drive. This land use exception amendment to the CUP is to increase one of those buildings to approximately 10,700 square feet (1-story with partial basement for garage and storage) for a 16-bed assisted living facility. The site is located in a Residential Low Density (RL) zoning district. Municipal Code 17.03.230 allows supervised group living facilities in the RL zoning district through the conditional use permit process. Mr. Johnston recused himself from the discussion due to personal reasons. Mayor Blad opened the public hearing. Jedd Thomas, 2049 Sunrise Way, gave a brief history of the property and proposed land use. He stated that a CUP was issued in 2006 with plans to build two medical office buildings but due to economic reasons, the plan was modified. Mr. Thomas feels an assisted living center is a suitable land use to transition from residential zoning to commercial use. He added that a 15-bed assisted living center is an approved use under the current zoning ordinance of the property, but because the facility will be a 16- bed facility, the use requires Council approval. Terri Neu, Assistant Planner, gave an overview of the proposed land use exception request. Ms. Neu noted that an assisted living facility with 16 or more beds requires an exception through the conditional use process, however, a facility with 15 or fewer beds is allowed without an exception. She stated that several calls and letters have been received in opposition to the request. Most of the concerns are regarding size of the building, lighting, noise, garbage, buffer zones, protection of hillsides and the possibility of housing sex offenders in the facility. Ms. Neu read names and addresses into the record of those citizens who submitted written opposition. Staff recommends approval with the following conditions: 1) Based upon the history, no further extensions to this CUP shall be granted; 2)exterior lighting shall not exceed fifteen (15) feet in height, shall be directed downward, and shielded to direct light away from all adjacent properties; 3) a ten (10) foot wide landscaped buffer with a semi-opaque screen shall be provided along the northern and eastern property lines; 4) five trees at least 1 1/2” caliper shall be planted along Birdie Thompson Drive; 5) appropriate permits shall be obtained and all building and fire codes adhered to; and 6) all City standards not REGULAR CITY COUNCIL MEETING 4 JANUARY 5, 2012 specifically exempted or varied by the Council shall be adhered to. In response to questions from Council, Ms. Neu stated that if the facility were to have 15 beds instead of the proposed 16, approval would be granted under the conditional use permit. Ms. Neu added that erosion concerns will be addressed in more detail during the building permit process and one of the conditions of the CUP would require a retaining wall to be built along the southeast and northern portions of the property. Niki Taysom, Pocatello resident, feels that an assisted living center will contribute to an increase in kitchen garbage and medical product type of waste. She also feels traffic related to care facilities should not be located within residential areas. Herman Garcia, 2504 Birdie Thompson Way, spoke in opposition to the proposal and distributed packets of information to the Council members. Mr. Garcia feels that the original plan to develop medical office buildings was agreed upon in 2006 and that the request to develop a larger building with a different use is not acceptable. Mr. Bray noted that land use decisions are based on meeting the set guidelines and not having a preference on what the use is. Discussion followed among the Council members regarding building regulations and approved uses of the land under the conditional use permit. Dean Tranmer, City Attorney, clarified that the comments and written correspondence received regarding the request will be placed in the record and taken into consideration. However, the final decision must be based on the standards for conditional use permits and amendments, thereto. Deb Easterly, 2508 Birdie Thompson Drive, shared her concern that 12 parking spaces will not be adequate for the proposed business. Robert Cook, 3035 Silverfield Way, stated his main concern is for the safety of the children living in the neighborhood of the facility. He is also concerned about adequate drainage on the property. Mike Vandercoy, 3170 Goldfield Drive, feels the recommendation for approval was incorrectly given, as the size of the building is significantly larger than any other facility in the neighborhood and he feels that not enough consideration was given to stormwater runoff issues. He is also concerned about privacy for the neighbors and the increase in solid waste generated by the facility. Mr. Vandercoy also indicated his concern that the facility would be used as a half-way house and could potentially REGULAR CITY COUNCIL MEETING 5 JANUARY 5, 2012 house sex offenders. Debbie Powell, 2493 Birdie Thompson Drive, spoke in opposition to the matter and asked the Council to deny the request. James Ralphs, 3025 Silverfield Way, stated his concerns include parking, wastewater and potential runoff issues. Mr. Ralphs also requested that if the exception is denied, that the land revert to the original use of residential low density space. Eileen Jennings, 529 South 11th Avenue, stated that her mother, Lois Stork, lives next door to the proposed facility and she is concerned the drastic reduction in the buffer zone from 100 feet to 30 feet will affect the property value of her mother’s home. Stacy Garcia, 2504 Birdie Thompson Drive, read a letter submitted by John Byington in opposition to the proposed land use exception. Janey Windt, 2425 Birdie Thompson Drive, shared her concerns of inadequate parking at the facility and the ability to maintain a safe, clean neighborhood. Monica Garcia, 2100 South 2nd Avenue, shared her concerns regarding increased traffic in the area of the proposed facility and safety of the children living in the neighborhood. Dana Wood, 3021 Silverfield Way, spoke in opposition to the exception to the CUP, as he feels it significantly changes the original CUP and may directly affect his own property. Mitch Greer, Rocky Mountain Engineering and Surveying, 2043 East Center Street, stated the current zoning ordinance allows for a 15- bed unit to be constructed in a residential low density zone and that if the request for a 16-bed facility is denied, a 15-bed facility is still allowed. Mr. Greer indicated that the overall impact of the current proposal is less invasive than the original plan. He listed a number of facilities in the area which are of comparable size and located within residential zones. In response to questions from Council, Mr. Greer indicated that assisted living centers are becoming more frequent in residential areas because they are permitted within the zoning plan. He indicated that since the time of the initial proposal, storm water ordinances have changed significantly, leading to a shift in the property plans and that neighboring properties are protected through the zoning and building process. Mr. Greer added that plans for facility parking exceed current zoning requirements. Mr. Greer clarified that according to the current zoning ordinance, a two or three story building of the same square footage would be permitted without the need for this exception. Additionally, if REGULAR CITY COUNCIL MEETING 6 JANUARY 5, 2012 the facility were reduced to a 15-bed facility, it would still have the same square footage as the proposed 16-bed facility. Troy Bell 2232 Shelley Place, will be the operator of the proposed facility, and clarified that this type of facility is geared toward geriatric or younger clients who require skilled assistance and that patients with behavioral issues will not be permitted at that facility. Mr. Bell indicated that staffing requirements typically include four employees during the day and consist of a cook, a nurse, an administrator and a skilled worker. He added that staffing is reduced to two employees during the evening. Mr. Bell feels that the traffic associated with an assisted living center is dramatically lower than the traffic associated with a doctor’s office or other business use. He also noted the employees would not use the street for parking. Mayor Blad closed the public hearing. A motion was made by Mr. Brown, seconded by Mr. Cooper, to approve the exception to the requirement to apply for an amendment to the Conditional Use Permit that was issued in 2006 for two 4,000 square foot (2-story) medical office buildings at 2262 Birdie Thompson Drive and approve the land use exception amendment to the CUP to increase one of those buildings to approximately 10,700 square feet (1-story with partial basement) for a 16-bed assisted living facility with conditions recommended by staff and that the decision be set out in appropriate Council Decision format. Mr. Bray asked that a condition be added to the motion stating that employee parking not be allowed on Birdie Thompson Drive. Mr. Brown and Mr. Cooper accepted the added condition to the motion. Mr. Brown’s amended motion was voted upon at this time. Upon roll call, those voting in favor were Brown, Cooper and Bray. Those voting in opposition were Moore and Nye. Mr. Johnston abstained from the vote. The motion passed. Mr. Brown expressed appreciation for the testimony brought to the Council on the issue. AGENDA ITEM NO. 10: Council was asked to accept the -POLICE VEHICLE recommendations of staff and award the BIDS following bids for Police Department vehicles: -2012 CHEVROLET (a) One (1) 2012 Model Year Chevrolet Tahoe 4x4 TAHOE 4X4 SUV in the amount of $28,484.00 to Smith Chevrolet, Idaho Falls, Idaho, who submitted the lowest responsive bid; and -2012 CHEVROLET (b) Five (5) 2012 Model Year Chevrolet Police REGULAR CITY COUNCIL MEETING 7 JANUARY 5, 2012 PATROL VEHICLES Patrol Vehicles in the amount of $25,860.37 each for a total of $129,301.85 to Cole Chevrolet, Pocatello, Idaho, who submitted the lowest responsive bid. A motion was made by Mr. Moore, seconded by Mrs. Nye, to award the bids for Police Department vehicles to Smith Chevrolet of Idaho Falls in the amount of $28,484.00; and to Cole Chevrolet of Pocatello in the amount of $129,301.85. Upon roll call, those voting in favor were Moore, Nye, Bray, Brown, Cooper and Johnston. AGENDA ITEM NO. 11: Council was asked to accept the PARKING ENFORCEMENT recommendation of staff and approve the VEHICLE PURCHASE purchase of a 2012 SMART parking enforcement -POLICE vehicle in the amount of $16,457.00 from Smart Center Lindon located in Lindon, Utah. Smart Center Lindon is the closest authorized dealer for parking enforcement vehicles in our area. Funds are available in the 2012 Police Department budget for this purchase. A motion was made by Mr. Bray, seconded by Mr. Cooper, to approve the purchase of a 2012 SMART parking enforcement vehicle in the amount of $16,457.00 from Smart Center Lindon located in Lindon, Utah. Upon roll call, those voting in favor were Bray, Cooper, Brown, Johnston, Moore and Nye. AGENDA ITEM NO. 12: Council was asked to authorize the Pocatello IFFT GRANT-AIRPORT Arts Council to apply for an Ifft Grant in JAPANESE GARDEN the amount of $8,500.00 to build a Japanese KIOSK Garden Interpretative Kiosk at the Pocatello Airport and if awarded, authorize the Mayor’s signature, subject to Legal Department approval, on documents related to the grant. No City match is required. Jess Robison, 82 Cedar Hills Drive, stated he serves on the Pocatello Arts Council and has acted as project manager for the Japanese garden. Mr. Robison indicated the funds would also be used to replace a 200 foot section of bamboo fencing which was damaged in a windstorm and that the Arts Council wishes to increase the grant amount to $9,000.00. A motion was made by Mr. Cooper, seconded by Mr. Moore, to authorize the Pocatello Arts Council to apply for an Ifft Grant in an amount up to $9,000.00 to build a Japanese Garden Interpretive Kiosk at the Pocatello Airport and if awarded, authorize the Mayor’s signature, subject to Legal Department approval. Upon roll call, those voting in favor were Cooper, Moore, Bray, Brown, Johnston and Nye. AGENDA ITEM NO. 13: Council was asked by the Police Department REGULAR CITY COUNCIL MEETING 8 JANUARY 5, 2012 MOU-CRITICAL to approve an Addendum to the current INCIDENT PROTOCOL Memorandum of Understanding (MOU) Critical ADDENDUM Incident Protocol between local law enforcement agencies detailing cooperation and assistance with major critical incidents and if approved, authorize the Mayor to sign all appropriate documents, subject to Legal Department review. A motion was made by Mr. Bray, seconded by Mr. Brown, to approve an Addendum to the current MOU Critical Incident Protocol between local law enforcement agencies detailing cooperation and assistance with major critical incidents and if approved, authorize the Mayor to sign all appropriate documents, subject to Legal Department review. Upon roll call, those voting in favor were Bray, Brown, Cooper, Johnston, Moore and Nye. AGENDA ITEM NO. 14: This time was set aside for the annual State STATE OF THE CITY of the City Report. A taped report from REPORT Mayor Blad highlighting special projects of the City over the past year was viewed. Mayor Blad added that 2011 was a great year and City departments have accomplished many worthwhile projects. He stated that he is looking forward to the developments and improvements which will take place in 2012. There being no further business, Mayor Blad adjourned the meeting at 8:13 PM. APPROVED BY: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK