City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL STUDY SESSION MARCH 14, 2013 AGENDA ITEM NO. 1: Mayor Brian Blad called the City ROLL CALL Council Study Session to order at 9:02 a.m. Council members present were Roger Bray, Steve Brown, Craig Cooper, Jim Johnston and Gary Moore. Council member Eva Johnson Nye arrived at 9:08 a.m. AGENDA ITEM NO. 2: Jack Shaver, Chair Person; Dorsey Hill CDBG ADVISORY and Brenda Pollard, Committee members; COMMITTEE UPDATE representing the CDBG Advisory Committee, and Melanie Gygli, staff liaison; were present to discuss the Committee’s goals and projects, as well as Council’s policies and expectations. Mr. Shaver stated the Committee is responsible to review CDBG programs and explained the action plans the Committee reviews. Projects were highlighted and included the City and PNHS projects for housing rehabilitation; infill housing; and the City’s sidewalk repair program. He mentioned in 2012, the CDBG Advisory Committee assumed the Fair Housing Committee’s responsibilities when the Committee dismantled. Mr. Shaver reviewed events under the Fair Housing program which include: discrimination testing at homeless shelters; Fair Housing lawsuits in Idaho; Fair Housing complaints in Pocatello; and the latest in guidance related to accessibility for the disabled; families with children; and discrimination against people because of sexual orientation or gender identity. In response to a question from Council, Ms. Gygli clarified the administration expense outlined in the budget report is for administering the CDBG program. She noted that City employees are responsible for administering the program. Mr. Shaver stated the Committee expects to leverage an additional $750,000.00 of private, federal, state and other funding to use with the $411,976.00 of CDBG funding already in place. He added that most of the contractors used on CDBG construction projects were local individuals. Ms. Pollard reported City staff is always prepared and are great to work with. Ms. Hill added that it is great to work with a group that makes the community better. She noted CDBG policies are very complex and staff administers them well. She feels neighborhoods are better because of these programs. Mayor Blad announced Agenda Item No. 3 had been pulled from the agenda at the Board’s request and would be heard at a later date. CITY COUNCIL STUDY SESSION 2 MARCH 14, 2013 AGENDA ITEM NO. 3: As stated earlier, Mayor Blad announced CONSTRUCTION BOARD OF Agenda Item No. 3, Construction Board of APPEALS AND REVIEW Appeals and Review, had been pulled from UPDATE the agenda. AGENDA ITEM NO. 4: Shelly Goings, Tim Forhan and Dorcey VALLEY PRIDE UPDATE Hill, Valley Pride representatives, were present to discuss the organization’s goals and projects within the community. Ms. Goings explained how their organization is working toward improving the curb appeal of the City. She stressed that an individual striving to entice businesses to locate in Pocatello should not need to drive them along certain routes in the city. The Harrison Street clean-up project was reviewed. It was mentioned that Block Captains from that project are continuing the endeavor to keep the neighborhood clean. Ms. Goings referred to the 2011 City of Pocatello Survey. She highlighted the area showing 65% of respondents indicated nuisance problems like run down buildings, weed lots and junk vehicles as “major” or “moderate” problems. Ms. Goings stressed the organization’s concerns with weeds and shared ideas other cities are doing to correct these problems. Valley Pride would be willing to help elderly or disabled people to clean up their property. However, they suggested an abatement process for property owners refusing to correct violations. Mr. Moore commented it seems there are several issues when taking these cases to Court and the process can be very prolonged. He questioned if the City’s ordinance needs to be refined so the process is completed more quickly. Ms. Hill believes there is a time factor in relation to these types of issues. She clarified that their organization is not referring to property owners who have not been able to take time to upkeep their property. They are talking about the attitude of those who refuse to meet City Codes. The organization suggests the City enter the property, correct the issue, and then send the property owner a bill for doing this. Ms. Going reminded the Council 75% of citizens surveyed want the property codes enforced. She mentioned there is one city in Idaho that a retired judge comes in and hears these concerns. In response to a question from Council, Ms. Hill explained she has approached Union Pacific Railroad about overgrown weeds along railroad property in the Old Town area. Mr. Forhan feels the City should move forward with cleaning up problem areas. He would like to see efforts made to create an abatement program that will eventually clean up the city. CITY COUNCIL STUDY SESSION 3 MARCH 14, 2013 Mr. Bray suggested that staff focus on improving the City’s current code enforcement process for problem cases. Mr. Cooper mentioned Bannock County has a “Skill Group Program” that uses prisoners to clean up areas in the county. Mayor Blad noted the City of Idaho Falls has 19 employees that work on cleaning up these types of problem areas. He clarified that City staff is working toward correcting this problem and solving the issue is going to be a challenge. Mr. Blad noted that although 75% of citizens surveyed want the issues corrected, they may not be willing to pay more in taxes for this additional service. Discussion regarding the abatement program used by the City of Boise and Idaho Falls followed. It was noted that the cost to correct issues in Boise is billed from a private contractor. Idaho Falls Parks and Recreation corrects the issue and then bills the property owner for the expense. It was mentioned the City of Idaho Falls reports they lose money each year because some of the property owners move away and collection must go through the lien process. Mr. Brown recalled when the Alameda area cleanup project was done. He stated the cleanup project was contagious and neighboring properties improved their areas as well. Mayor Blad called a recess at 9:54 a.m. Mayor Blad reconvened the meeting at 10:00 a.m. AGENDA ITEM NO. 5: Matthew Lewis, Planning Manager, Planning PROPOSED SIGN CODE and Development Services, was present to AMENDMENTS discuss proposed changes to the Sign Code, specifically the portions relating to portable signs. Mr. Lewis reviewed the proposal for portable signs which include banners and sails. He reviewed the history of a pilot project allowing portable signs in Old Town Pocatello approved by the Council in August 2012. Council directed staff to research the placement of portable signs in other commercial areas. A small committee was formed to review the placement of portable signs in commercial areas. Mr. Lewis identified Gene Crawford (business owner); Greg Helm (business owner), and Tony Golssary of Blaze Sign Company. He referred to a matrix outlining the types of signage allowed in six other communities in Idaho. In response to questions from Council, Mr. Lewis clarified if Council chooses to move forward with the proposed changes, a public hearing will need to be held. He explained businesses with 100 feet of frontage area may have one portable sign. However, businesses with a larger frontage will have additional options for signage. Mr. Lewis mentioned portable signs cannot CITY COUNCIL STUDY SESSION 4 MARCH 14, 2013 be placed on sidewalks because it is a public health and safety issue. He also suggested an annual fee be established to administer the new criteria for portable signs. Mr. Helm referred to an addendum drafted to allow placement of signs on sidewalks with a variance approved by Council. He reviewed ADA requirements and the proposed addendum for a variance allowing portable signs on sidewalks, if it can be shown there is enough room available and still be ADA compliant. In response to questions from Council, Mr. Helm stated the addendum would need further review by the Committee. He feels a business could have a portable sidewalk sign and still be ADA compliant if there is room to accommodate both. Mr. Helm mentioned this will allow individuals to market their businesses more effectively. Mayor Blad instructed Mr. Helm to take the proposed addendum back to the Committee and get their endorsement. He noted that recommended changes for portable signs should be agreed upon by the Committee before it is brought before Council. In response to questions from Council, Mr. Lewis explained open house signs are temporary signs and will not fall under this City Code. He noted that inflatable advertising characters seen at a few businesses in town are considered displays under the current City Code. Mr. Lewis explained the pilot project allowing sidewalk signs in Old Town does not have a “sunset” clause. He added that the type of signage being used in Old Town is a specific sign that is exclusive for the businesses located there. Mr. Bray stated he does not want to move forward with allowing portable sidewalk signs in other commercial areas until results from the pilot project are known. Mr. Brown suggested Old Town Pocatello representatives provide a report on the outcome of the pilot project. He added that Council may hear a different outcome from Old Town Pocatello than other areas because they are so unique. Mr. Brown would like to give some flexibility to other business to use this advertising tool. AGENDA ITEM NO. 6: Jim Peterson, Deputy Chief; Kim Stouse, PROPOSED TAXICAB Licensing Enforcement; and Rich Diehl, CODE AMENDMENTS Deputy City Attorney; were present to discuss proposed changes to the Taxicab Code. This includes updating insurance requirements to cover the passengers of the taxi, requiring annual inspections of all taxi vehicles to ensure they are in safe working order, updating background requirements, remove the identification card requirement, and update the fee section to make it possible to be set by fee resolution. CITY COUNCIL STUDY SESSION 5 MARCH 14, 2013 Mr. Diehl reviewed the proposed changes to the ordinance and stated staff is seeking direction from the Council whether or not to move forward with the proposals as outlined. He noted that staff is no longer issuing Identification cards and that is why they are asking this portion of the Code be eliminated. Citizens have asked for meters in taxis. However, staff does not want to monitor the placement of meters or regulate charges for fares. In response to a question from Council, Mr. Peterson stated a local taxi cab owner has proposed a random drug testing requirement for licensing. However, the Police department is not encouraging this as a license requirement. He added that an employer may require drug testing for their drivers. Mr. Peterson clarified taxi cabs must be insured. However, City Code does not require insurance coverage for the occupant. In response to questions from Council, Ms. Stouse clarified that meters are not required but fares are supposed to be clearly displayed inside the vehicle. She has heard complaints from citizens that charges may fluctuate depending on who is being transported. Frank Romeo, 514 North Platt, cab company owner, feels the image of a community can be offset if a visitor has a bad experience from a cab ride. He stated a few people have told him they were considering locating in Pocatello, but a bad experience changed their mind. Mr. Romeo suggested metering would help eliminate over charging of customers. He feels each company should have a meter with a set rate; official seal; and calibrated by the same individual who does the safety inspection. Mr. Romeo is concerned with a discrepancy in the fare amounts being charged. Council discussed taxicab safety inspections and noted they could be done by a certified mechanic or a dealership so all inspections are identical. It was the consensus of the Council to have staff move forward and prepare an ordinance for future consideration. Mayor Blad announced that representatives for Agenda Item No. 7 were not available and Agenda Item No. 8 would be considered at this time. AGENDA ITEM NO. 8: Kirk Bybee, City Risk Manager and Chief NON-DISCRIMINATION Civil Attorney, was present to discuss ORDINANCE UPDATE the provisions of a proposed ordinance enacting a new section to the Pocatello Municipal Code, Title 9 Chapter 36, to prohibit discriminatory acts in housing, employment and public accommodations upon sexual orientation and gender identity/expression. Mr. Bybee reviewed the history of the proposed ordinance. He mentioned the Council can criminalize the conduct described in the ordinance but cannot create a new civil cause of action. CITY COUNCIL STUDY SESSION 6 MARCH 14, 2013 Mr. Bybee explained the purpose and intent of the proposed code and the addition of sexual orientation to the definition list. Prohibited Discriminatory Acts and penalties were discussed. It was noted that most cities in the northwest with a similar ordinance may, under certain circumstances, reduce their penalty from a misdemeanor to an infraction and false reporting is a violation. Mr. Bybee reviewed the mediation provisions if the City attorney determines there is a potential victim. He explained they will be invited to engage in mediation but are not required to do so. In response to questions from Council, Mr. Bybee clarified exceptions for rental housing and religious organizations. He clarified members meeting in a church building may practice what they believe. However, if the Church has rental properties, the properties will fall under the proposed ordinance. He added that the City cannot take away constitutional rights. Mr. Bybee mentioned public access and accommodation in restrooms is a concern. He clarified that people of one gender absolutely cannot use restrooms designated for the opposite gender. Mr. Bybee explained that rights to privacy will be retained and individuals must use the bathrooms designated for their gender or be subject to a criminal citation of disorderly conduct, disturbing the peace or indecent exposure. Mayor Blad mentioned the Study Session was not a public hearing and public comments were not being received at this time. This was staff’s opportunity to present a draft regarding the non-discrimination ordinance. Council discussion regarding the rights of all citizens and religious organizations in the community followed. It was noted that Federal guidelines are in place that protect the rights of citizens but does not cover some of the issues being discussed. Proposed housing regulations were debated by Council. Some felt additional housing codes are needed while others felt the appropriate codes are already in place. It was mentioned many people are doing the right thing but Council is concerned with those who choose not to do the right thing. In response to questions from Council, Scott Marchand, Police Chief, clarified his staff has talked about implementing the proposed ordinance. He explained it will take a lot of time to investigate claims before they go to the City Attorney. Police detectives must complete an investigation and additional staff may be needed to enforce this. He noted his department has not had this type of complaint because it is currently a civil issue. If Council approves the proposed ordinance, it will become a criminal issue. Cases may be based upon the assumption from an individual perceiving they have been discriminated against so the investigation will take time. CITY COUNCIL STUDY SESSION 7 MARCH 14, 2013 In response to questions from Council, Mr. Bybee stated it may be difficult to differentiate why complaints have not been received. He mentioned even with an ordinance in place, people may not report a problem because they do not want other individuals, such as their employer, to be aware of the issue. Mr. Bybee reported Salt Lake City, Utah enacted a similar ordinance in 2011 and have not prosecuted a case. He added it is very difficult to prosecute a case based on he said/she said testimony. You must have additional evidence to support a case. In response to a question from Mayor Blad, Mr. Bybee clarified there is not a City Code preventing someone from going to court civilly for discrimination. However, it would probably be a frivolous suit. Mr. Bray stated speed limits are a law to deter people from speeding and not to catch them speeding. He feels the proposed ordinance is along those same lines and it is a guideline to show this type of discrimination is not tolerated in the community. Mayor Blad announced that a public hearing will be held during the Regular Council meeting on April 4, 2013 to receive comments regarding the proposed ordinance. Mayor Blad called a recess at 11:45 a.m. Mayor Blad reconvened the meeting at 11:56 a.m. Agenda Item No. 7 was considered at this time. AGENDA ITEM NO. 7: Deirdre Castillo, City Engineer; John CENTER STREET Hinman and Dick Jacobsen, representatives UNDERPASS from CH2M Hill; were present to summarize REHABILITATION the field condition survey, conclusions PROJECT UPDATE presented in the draft Structures Condition Technical memorandum, options for rehabilitation or full replacement, and associated cost comparison for the Center Street Underpass. The objective of the discussion is to determine which concepts to refine and evaluate in the Concept Report, which will then be presented in a public meeting for input from project shareholders and the public. Ms. Castillo reviewed the project timeline and determining the rehabilitation or the reconstruction of the underpass. She also presented information that would open up the pedestrian tunnels. Ms. Castillo mentioned she has spoken to the Portneuf Greenway Organization and discussed additional pedestrian access that would go across Center Street parallel to the railroad tracks. Mr. Jacobsen reviewed the field investigation which included sampling and lab testing, as well as, an analysis of the condition of the pavement and Center Street bridge integrity. CITY COUNCIL STUDY SESSION 8 MARCH 14, 2013 He noted that a public meeting will be held the latter part of April or early May 2013 to receive input from the community. In response to questions from Council, Mr. Jacobsen explained the public meeting will allow people to take a look at what the proposed concepts are and give feedback/suggestions. It was noted that staff does not go through the tunnel everyday so feedback is encouraged from people who use the tunnel regularly. Mr. Jacobsen explained the road under the bridge cannot be lowered because that would produce a steeper road grade. He mentioned to increase the height of the bridge, staff would need to work with Union Pacific Railroad (UPRR) to raise the tracks and construct a new underpass. Mr. Jacobsen reviewed the environmental evaluation resources that would be impacted such as: 1) Historic resources in the Pocatello Downtown Historic District; 2) Hazardous materials; 3) pedestrians and bicycles; and 4) economic disruption. Mr. Hinman reviewed the following structure condition findings: 1) Deck has leaking joints; 2) girders and bearings-localized corrosion; 3) abutments-surface issues; 4) retaining walls and portals – ASR (acronym) and spalls; and 5) load rating is acceptable. In response to questions from Council, Mr. Hinman stated rehabilitation of the bridge was done in the mid 1980’s. He reviewed sections of the bridge that gives him concern. These are: 1) Estimated service life of the main bridge – steel superstructure – 70 years; 2) abutments and tunnels 50 to 70 years; 3) portals 15 to 20 years assuming some maintenance is undertaken. Retaining walls – lower walls, sidewalks and rails have exhausted their service life; and 4) upper walls 15 to 30 years with maintenance undertaken. Coordination with UPRR would be an added cost. Rehabilitation costs were reviewed and a concept level cost of $1.80 million is estimated for this option. It was noted that maintenance would need to continue in order to extend the life of any rehabilitation work. Mr. Hinman reviewed ideas for a Bridge Replacement concept which includes a greater span length of 2 lanes and shoulders, plus a shared use path on one side. However, it would also require a grade change and lowering Center Street is not practical. Mr. Cooper mentioned ideas have been discussed to improve the appearance of the City and he suggested rehabilitation improvements to the tunnel entrance would make it much more attractive for the community. He was then excused from the meeting at 12:35 p.m. Ms. Castillo presented two separate options for pedestrian bridges as part of the project. She noted that staff is seeking CITY COUNCIL STUDY SESSION 9 MARCH 14, 2013 Council’s direction of what they should present at public meetings. Ms. Castillo noted once the concept is determined, staff will seek funding for the project. In closing, she mentioned replacing the entire structure would be very costly. Stephanie Palagi, Old Town Inc., Executive Director, feels a pedestrian bridge would enhance the Portneuf Greenway trail and benefit businesses in the area. Jerry Myers, Myers-Anderson Architects, believes connecting Idaho State University (ISU) campus to the Old Town area would benefit students. He feels a pedestrian bridge would link businesses and ISU together and provide a cleaner more accessible setting. Discussion of funding sources followed and it was determined that more information would need to be gathered before making a choice on the project. The State of Idaho will consider the project according to their priorities and the needs of citizens to determine funding the project. AGENDA ITEM NO. 9: Ruth Whitworth, City Clerk, and Dean MAYORAL RUN-OFF Tranmer, City Attorney, were present to ELECTION UPDATE discuss costs associated with a Mayoral Run-off election and proposed Legislation to designate districts within Pocatello for each Council seat. Ms. Whitworth reviewed the history of Pocatello’s mayoral elections from 1985 to present. During that time, 4 mayoral run-off elections were held because a majority vote was not received by one candidate. Ms. Whitworth noted that only one of the run-off elections resulted in a changed outcome. A mayoral election will be held on November 5, 2013. If a run-off election is necessary, Bannock County Elections has given an estimated cost of $150,000.00 to conduct the election. Council was asked to give staff direction whether to budget for the run-off election or to seek repealing the ordinance. Mr. Tranmer reviewed the process necessary to repeal the City’s ordinance requiring a mayoral run-off election. He outlined the noticing requirement that would need to take place prior to the November 5, 2013 election. Council discussion followed regarding the mayoral run-off ordinance and they advised staff the information would be taken into consideration. Ms. Whitworth presented information regarding House Bill 281 being proposed in the State Legislature. The Bill would require Council Seats to represent a specific district in the city. It was the consensus of the Council that they did not support the bill and instructed staff to advise the appropriate Legislative Committee of their opposition to the bill. CITY COUNCIL STUDY SESSION 10 MARCH 14, 2013 Mayor Blad adjourned the meeting at 1:16 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK