City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING NOVEMBER 3, 2016 CLARIFICATION The City Council Agenda Clarification meeting was called to order at MEETING 5:32 p.m. by Mayor Brian Blad. Council members present were Heidi Adamson, Roger Bray, Steve Brown, Gary Moore and Michael L. Orr. Council member Jim Johnston was excused. 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 6:04 p.m. ROLL CALL AND by Mayor Brian Blad. Council members present were Heidi PLEDGE OF Adamson, Roger Bray, Steve Brown, Gary Moore and Michael L. ALLEGIANCE Orr. Council member Jim Johnston was excused. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was given by Lieutenant Tami Moore representing the INVOCATION Salvation Army. 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 October 13, 2016 Study Session; and the October 13, 2016 Executive Session. -PAYROLL AND (b) Payroll and material claims for the month of October 2016 in the MATERIAL CLAIMS amount of $7,849,517.46. -GOLF ADVISORY (c) Confirm the Mayor’s appointment of Ginger Smith to serve as a COMMITTEE member of the Golf Advisory Committee, representing the High APPOINTMENT River Ladies League. Ms. Smith’s term will begin November 4, 2016 and will expire November 4, 2019. -HUMAN RELATIONS (d) Confirm the Mayor’s reappointment of Mohammad Safdar to ADVISORY continue his service as a member of the Human Relations Advisory COMMITTEE Committee. Mr. Safdar’s term will begin November 19, 2016 and REAPPOINTMENT will expire November 19, 2020. -RATIFICATION OF (e) Ratify submission of a grant sponsored by the ASPCA and Subaru GRANT APPLICATION Dealership in the amount of $2,500.00, authorize acceptance of the ASPCA AND SUBARU grant and authorize the Mayor to sign, subject to Legal Department PET ADOPTION EVENT review, documents related to the grant. This Share the Love Adoption Event will promote adoption of animals from the Animal Shelter. This is an annual grant request and there is no City match. A motion was made by Mr. Bray, seconded by Mr. Brown, to approve the items on the consent agenda. Upon roll call, those voting in favor were Bray, Brown, Adamson, Moore and Orr. REGULAR CITY COUNCIL MEETING 2 NOVEMBER 3, 2016 AGENDA ITEM NO. 4: Ms. Adamson, on behalf of Mayor Blad, proclaimed November 26, COMMUNICATIONS 2016 to be Small Business Saturday in Pocatello and urged residents AND PROCLAMATIONS to support small businesses and merchants on Small Business Saturday and throughout the year. Matt Hunter, President/CEO of Pocatello/Chubbuck Chamber of Commerce, accepted the proclamation on behalf of the Chamber of Commerce and Old Town Pocatello. He thanked the Council for the proclamation and encouraged community members to support small businesses. AGENDA ITEM NO. 5: Mayor Blad announced that the November 10th Study Session CALENDAR REVIEW Session had been canceled; and reminded the Council of the November 17th Regular Council meeting at 6:00 p.m. Mayor Blad announced that City Offices would be closed on November 11th to observe Veterans Day. However, garbage and recycling pickups will remain on their regularly scheduled days; the Sanitation Department annual leaf pick-up program will take place November 14th through December 2nd. He reminded citizens that only leaves in compostable bags would be eligible for pick-up on the regular collection day; a City survey is open until November 17th regarding the creation of a business registry/license for city businesses and is encouraging business owners to participate in the survey. Contact Planning and Zoning for more information; and submissions for the City’s new flag design will be accepted until December 2nd. Visit the website at flag.pocatello.us for more information. Mayor Blad reminded citizens that early in-person voting is open at the Bannock County Elections Office, 141 North 6th Avenue. The last day to vote early is November 4th. Election Day is November 8th. AGENDA ITEM NO. 6: Jordan Smith was present to appeal the decision of Police CHILD CARE LICENSE Department staff which denied Ms. Smith a Child Care license. DENIAL APPEAL -SMITH Jené Purman, License Enforcement Officer, stated Ms. Smith’s Child Care license application was denied based upon a 2015 conviction of petit theft. Jordan Smith, 921 South 8th Avenue, stated the conviction was for a misdemeanor charge of petit theft, which she has taken full responsibility. She added that since the conviction, she has paid court fines, currently holds a full time job and an additional part time job and has enrolled at Idaho State University, pursuing a degree. A motion was made by Mr. Moore, seconded by Mr. Brown, to overturn the decision of the Police Department and approve a Child Care license for Jordan Smith. Mr. Brown stated he feels that Ms. Smith has taken appropriate steps to correct her path and is making positive changes in her life. He feels because of these changes, he can support the motion to approve her Child Care license application. Mr. Moore’s motion was voted upon at this time. Upon roll call, those voting in favor were Moore, Brown and Bray. Adamson and Orr voted in opposition to the motion. The motion passed. REGULAR CITY COUNCIL MEETING 3 NOVEMBER 3, 2016 AGENDA ITEM NO. 7: Delisia Montano was present to appeal the decision of Police CHILD CARE LICENSE Department staff which denied Ms. Montano a Child Care license. DENIAL APPEAL -MONTANO Jené Purman, License Enforcement Officer, stated Ms. Montano’s Child Care license application was denied based upon admission of her involvement in a 2012 assault. Ms. Montano was not charged. Delisia Montano, Pocatello resident, stated in May 2012, when she was a senior in high school, she was involved in an altercation with a neighbor who confronted her in her own driveway. Ms. Montano pushed the neighbor and another individual. She stated assault charges were later dropped. Ms. Montano stated she has worked for the Community Council of Idaho (Headstart) in Aberdeen for four years and would like to continue working with children. She stated her employer was present at the meeting. Ms. Montano submitted reference letters to the Council members. A motion was made by Mr. Moore, seconded by Mr. Orr, to overturn the decision of the Police Department and approve a Child Care license for Delisia Montano. Upon roll call, those voting in favor were Moore, Orr, Adamson, Bray and Brown. AGENDA ITEM NO. 8: Nicole Rucker was present to appeal the decision of Police CHILD CARE LICENSE Department staff which denied Ms. Rucker a Child Care license. DENIAL APPEAL -RUCKER Jené Purman, License Enforcement Officer, stated Ms. Rucker’s Child Care license application was denied based upon a January 2016 conviction of frequenting a location where controlled substances are sold. Nicole Rucker, 921 South 8th Avenue, stated her January 2016 conviction stemmed from an incident where drug paraphernalia was found at her residence. She stated no drugs were present. Ms. Rucker added that she had been working at the daycare on the Idaho State University (ISU) campus for three years. She stated her Child Care License was up for renewal and was denied based upon the January conviction. Ms. Rucker expressed her remorse for the incident and stated she no longer uses drugs, paid all court fines, was not sentenced to probation and has had a successful semester at ISU. In response to questions from Council, Ms. Rucker stated she is originally from Santa Rosa, California, where she grew up in a religious household. She added that this was her first offense of any kind. Ms. Rucker stated she would submit to drug tests over the course of the year, if the Council chose to add that condition to her Child Care license. She clarified that she is scheduled to graduate in 2018 and will move back to California in May 2017 to finish her education. A motion was made by Ms. Adamson, seconded by Mr. Bray, to uphold the decision of the Police Department and deny a Child Care License to Nicole Rucker. Upon roll call, those voting in favor were Adamson, Bray, Brown and Moore. Mr. Orr voted in opposition to the motion. The motion passed. REGULAR CITY COUNCIL MEETING 4 NOVEMBER 3, 2016 AGENDA NO. 9: Council was asked to consider a request from Ryan Satterfield of PROPERTY Satterfield Realty and Development (mailing address: 2432 Andrew ACCEPTANCE/PLAT Street, Pocatello, ID 83201) regarding an amendment to the AMENDMENT Partridge Ridge Subdivision 6th Addition. -PARTRIDGE RIDGE SUBDIVISION 6TH ADDITION -ACCEPT a) Accept dedication of Lot 13, Block 3 and Lot 4 Block 4 Partridge DEDICATION Ridge Subdivision 6th addition via a warranty deed for stormwater detention/retention maintenance and appurtenances to the City; and, if accepted -AMEND PLAT b) Direct staff to prepare a Council Decision to effectively amend said NOTE 3 TO plat Note 3 to state: the non-buildable lots are hereby dedicated to DEDICATE LOTS the City of Pocatello for the purpose of stormwater TO CITY detention/retention maintenance and appurtenances. The Partridge Ridge Subdivision 6th Addition plat was recorded on October 6, 2006 instrument number 20622791. In response to questions from Council, Merril Quayle, Development Engineer, stated the request is regarding two lots in the Partridge Ridge Subdivision 6th Addition, originally set aside for stormwater detention/retention. He stated the subdivision was recorded in 2006 with the condition that a Homeowners’ Association (HOA) be formed and the two lots conveyed to the HOA. Mr. Quayle added that the HOA was not formed prior to recording and the lots were not conveyed to the appropriate lot owners. It was determined that Satterfield Realty is still the legal owner of the lots. Mr. Quayle added that the City of Pocatello has the equipment to suitably take care of runoff and maintenance for stormwater areas. Mr. Moore stated he feels that the adoption of stormwater plans must be consistent among all subdivisions throughout the city. He stated if the City assumes the water issue because the HOA wasn’t formed, developers and citizens may expect the City to assume all issues, including weeds and other maintenance matters. Mike Jaglowski, Public Works Director, clarified that yearly maintenance costs are approximately $2,500.00 per acre, depending upon the maintenance needs. Mr. Quayle stated three separate ponds are on the two lots, with each pond covering approximately 1 ½ acres. Mr. Quayle clarified that according to the Council Decision for the subdivision, one of the conditions stated that a Homeowners’ Association would be formed. Mr. Bray stated he feels this is a serious issue that should be studied further to address possible solutions. A motion was made by Mr. Bray, seconded by Ms. Adamson, to deny the request from Ryan Satterfield of Satterfield Realty and Development, regarding an amendment to the Partridge Ridge Subdivision 6th Addition as outlined in Agenda Item No. 9(a) and 9(b). REGULAR CITY COUNCIL MEETING 5 NOVEMBER 3, 2016 Mr. Brown stated he feels that it should be studied to find suitable solutions and investigate what other cities have done in similar circumstances. Mr. Bray’s motion was voted upon at this time. Upon roll call, those voting in favor were Bray, Adamson, Brown, Moore and Orr. AGENDA ITEM NO. 10: Billy Satterfield of Juniper Land Corp. (mailing address: 2980 FINAL PLAT Clearwater Street, Pocatello, ID 83201), represented by Rocky -JUNIPER RESERVE, Mountain Engineering and Surveying (mailing address: 600 East DIVISION NO. ONE Oak Street, Pocatello, ID 83201), has submitted a request to subdivide approximately 9.59 acres into 16 residential lots. The subdivision, Juniper Reserve, Division No. 1, is located southeast of Stoneridge Drive, on an extension of Shadowpines Way. The Planning and Zoning Commission reviewed the preliminary plat at their meeting on April 27, 2016 and recommended approval with conditions. Matthew Lewis, Planning Division Manager, gave an overview of the proposed request to subdivide approximately 9.59 acres into 16 residential lots. He stated the Planning and Zoning Commission reviewed the preliminary plat and recommended approval with the following conditions: 1) all conditions set out in the Public Works Department Memorandum from Merril Quayle, P.E. dated October 18, 2016 shall be met; 2) all requirements of Pocatello Municipal Code listed shall be adhered to, specifically: a) Section 16.24.080 “Recording the Final Plat”; b) Section 16.24.100 “Structures, Improvements and Building Permits”; c) Section 16.24.110 “Subdivision Surety Bond and Warranty Bond”; and d) Section 17.05.140 “Site and Building Development Guidelines”; 3) any proposed Subdivision Covenants, Conditions and Restrictions (CCR’s) shall be submitted to the City for review and approval by the Legal Department prior to recording; 4) all corrections to the preliminary plat which were noted by City Staff shall be made prior to submittal of the final plat; and 5) all other standards and conditions of Municipal Code not herein discussed but applicable to residential development shall apply. In response to questions from Council, Mr. Lewis clarified that potential stormwater and drainage issues are separate from the request to subdivide the land into residential lots. He added that the plat has met all requirements for subdivision regarding lot size and road configurations. Mr. Lewis stated the Planning and Zoning Commission recommended approval of the plat with conditions as listed. In response to questions from Council, Merril Quayle, Development Engineer, stated that approval or denial of the request would not affect drainage issues. He added that maintenance of the areas would be the responsibility of Satterfield Realty and Development, until an alternative, such as an HOA was formed. Mr. Quayle stated the plat is satisfactory and ready for acceptance. Mitch Greer, Rocky Mountain Engineering and Surveying, gave an overview of the history on the property. He stated the original plat was recorded approximately 10 years ago, and a Homeowners’ Association was not formed at that time. Mr. Greer explained that having multiple property owners responsible for maintenance and proper drainage can lead to potential problems. He stressed that failure of a retention pond impacts properties downstream. Mr. Greer added that earlier drainage plans did not meet the City’s specifications for acceptance. He explained that an HOA was not being proposed at this time, as water naturally flows into the nearby gully. However, accessibility improvements for maintenance are being proposed. Mr. Moore expressed his concern about remaining consistent among all property developments. Mayor Blad stated the Council is now aware that the stormwater process for developments must be REGULAR CITY COUNCIL MEETING 6 NOVEMBER 3, 2016 improved. He urged the Council to focus on the Juniper Reserve Division 1 subdivision and the final plat request at hand. A motion was made by Mr. Moore, seconded by Mr. Bray, to approve a request by Billy Satterfield of Juniper Land Corp., represented by Rocky Mountain Engineering and Surveying, to subdivide approximately 9.59 acres into 16 residential lots and that the subdivision, Juniper Reserve, Division No. 1, shall be located southeast of Stoneridge Drive, on an extension of Shadowpines Way subject to conditions as outlined and that the decision be set out in appropriate Council Decision format. Upon roll call, those voting in favor were Moore, Bray, Adamson, Brown and Moore. AGENDA ITEM NO. 11: Council was asked to accept the following recommendations of staff PIGGYBACK BID regarding the purchase of two (2) commercial collection trucks using –SANITATION a piggy-back bid awarded to the City of Pocatello from Northwest DEPARTMENT Equipment on December 17, 2015. PURCHASE OF TWO a) Purchase two (2) 2018 Mack cab/chassis with Heil 5000 packer 2018 MACK body in the amount of $212,218.00 per truck for a total bid price of CAB/CHASSIS $424,436.00; and if accepted AUTHORIZE b) Authorize the Mayor to sign the necessary documents, subject to MAYOR’S Legal Department review. SIGNATURE Funds for the truck purchases are available in the Sanitation Department’s Fiscal Year 2017 budget. A motion was made by Mr. Orr, seconded by Mr. Brown, to accept the recommendations of staff regarding the purchase of two (2) commercial collection trucks using a piggy-back bid awarded to the City of Pocatello from Northwest Equipment on December 17, 2015 and a) approve the purchase of two (2) 2018 Mack cab/chassis with Heil 5000 packer body in the amount of $212,218.00 per truck for a total bid price of $424,436.00; and b) authorize the Mayor to sign the necessary documents, subject to Legal Department review. Upon roll call, those voting in favor were Orr, Brown, Adamson, Bray and Moore. AGENDA ITEM NO. 12: Council was asked to authorize the Mayor’s signature on a Dispute DISPUTE REVIEW Review Board Three Party Agreement, subject to Legal Department BOARD THREE PARTY review, to establish the operation of a Dispute Review Board to AGREEMENT-WPCF assist the City and the Contractor, RSCI, in resolving disputes PHOSPHORUS pertaining to the construction of the Phosphorus Improvement IMPROVEMENT project at the City’s Wastewater Pollution Control Facility (WPCF). PROJECT A motion was made by Mr. Moore, seconded by Mr. Bray, to authorize the Mayor’s signature on a Dispute Review Board Three Party Agreement, subject to Legal Department review, to establish the operation of a Dispute Review Board to assist the City and the Contractor, RSCI, in resolving disputes pertaining to the construction of the Phosphorus Improvement project at the City’s Wastewater Pollution Control Facility (WPCF). Upon roll call, those voting in favor were Moore, Bray, Adamson, Brown and Orr. AGENDA ITEM NO. 13: Council was asked to accept the recommendation of staff and REGULAR CITY COUNCIL MEETING 7 NOVEMBER 3, 2016 FIREFIGHTING declare the purchase of firefighting MSA products from Weidner EQUIPMENT SOLE Fire to be a valid sole source expenditure. The purchase is for SOURCE EXPENDITURE additional Self Contained Breathing Apparatus (SCBA) products in AND DECLARATION the amount of $335,740.00 for the Fire Department. Council may PHASE TWO also wish to authorize the Mayor to sign any contractual documents -FIRE DEPARTMENT related to the purchase, subject to Legal Department review. This completes a two phase purchase for SCBA products from Weidner Fire. Funding for this request is available in the Fire Department’s Fiscal Year 2017 budget. A motion was made by Mr. Bray, seconded by Mr. Moore, to accept the recommendation of staff and declare the purchase of firefighting MSA products from Weidner Fire to be a valid sole source expenditure for the purchase of additional Self Contained Breathing Apparatus (SCBA) products in the amount of $335,740.00 for the Fire Department and authorize the Mayor to sign any contractual documents related to the purchase, subject to Legal Department review. Upon roll call, those voting in favor were Bray, Moore, Adamson, Brown and Orr. AGENDA ITEM NO. 14: Council was asked to approve submission of an Assistance to ASSISTANCE TO Firefighters Grant (AFG) application to FEMA and, if awarded, FIREFIGHTERS GRANT authorize acceptance of the grant and authorize the Mayor to sign, -FIRE DEPARTMENT subject to Legal and Finance Departments review, documents related to the grant. The grant will be used for the purchase of a Live Burn Facility for the Fire Department. Acceptance of the AFG Grant will be contingent on matching funds availability. A motion was made by Mr. Orr, seconded by Mr. Moore, to approve submission of an Assistance to Firefighters Grant (AFG) application to FEMA and, if awarded, authorize acceptance of the grant and authorize the Mayor to sign, subject to Legal and Finance Departments review, documents related to the grant, to be used for the purchase of a Live Burn Facility for the Fire Department. Upon roll call, those voting in favor were Orr, Moore, Adamson, Bray and Brown. Council member Roger Bray left the Council Chambers at 7:12 p.m. AGENDA ITEM NO. 15: Idaho Lorax, Pocatello resident, shared his concerns regarding the DISCUSSION ITEMS placement and removal of safety signs throughout the community. He stressed his support for cleanup efforts and encouraged residents to vote in the upcoming election. There being no further business, Mayor Blad adjourned the meeting at 7:16 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: REGULAR CITY COUNCIL MEETING 8 NOVEMBER 3, 2016 RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK