Bancroft City Council

Note:  This was an extremely busy and substantial city council meeting, which dealt with several ordinances and city issues of longstanding concern to residents.  This report is adapted from the minutes recorded by Clerk Swensen, but has been modified for length and in some cases for content.  Issues such as the preparations for the lighting of the square, etc., have been left out.  Otherwise, effort has been made to retain as much of the official record as possible, though the length has been trimmed significantly.  Full materials can be requested through the clerk’s office.

Sheriff s Department

Sheriff Mabey put out a speed reader by his house to slow traffic going both directions. Mabey reported that the reader seems to be helping quite a bit with slowing traffic speed. The sheriff s department has had multiple complaints regarding people speeding as they come into town from Lund Road. The sheriff and his deputies have sat at the church to monitor this, but people tend to slow down while they are there. Resident Deborah Hill asked if it’s possible to put the speed reader by the football field and install a 25 MPH speed limit sign there as well. Sheriff Mabey agreed to put the speed reader down further by the football field and the city agreed to post a 25 MPH sign.  Resident Tallan McCulloch commented that the speed reader does help with slowing down traffic.

Fines and Code Violations

Sheriff Mabey informed council that this topic has been very hard for him so he has reached out for legal advice in regards to how much the sheriff s office should get involved. Sheriff Mabey stated that city takes on the responsibility of enforcement, fire, and streets once they become a municipality. He is trying his best to provide services to the city. Sheriff Mabey stated that there is talk in the legislature about making a law that requires cities to compensate the county for offering backup enforcement when there is not a contract in place. Sheriff Mabey stated that he is being careful to not put the sheriff’s department in a position where the county comes in and says that the cities have to reimburse them for the services. Sheriff Mabey stated that his deputies have been doing more than he would like to see them doing and he has this same concern with the city of Grace. The Sheriff s office has been making sure they provide security and safety for the employees and they don’t want to stop providing that. Sheriff Mabey stated that the city has done a good job of following the ordinances closely and he realizes that the city is ready to go forward with citations. The Sheriff asked if the city has contacted their attorney and asked him to put together the summons.

City attorney Ethan Rawlins was present and stated that the city can put together the complaint and summons, but the uniform citation has to be witnessed by a peace officer. The code enforcement officer would sign it as a citizen citation and the peace officer (a deputy) would witness and serve the citation. This way, we don’t do a complaint summons; it would be like a traffic stop, where the county would issue the infraction citation and then once the citation is filed with the courts the city would take over the prosecution.

Sheriff Mabey stated that he is just trying as much as possible to keep the sheriff’s office from getting involved. The city attorney stated that he respects the sheriff trying to keep public safety and peace, but sometimes city ordinances fall to the side and the city is to the point where the citations need to be issued. Ethan explained that the city can proceed if the county is willing to have a witnessing peace officer serve the citation. The attorney explained that he has contacted the supreme court to make sure they are aware of the city’s ordinances that were updated, passed, and published. These ordinances support making the first offense an infraction and the second offense a misdemeanor. After the courts update the system, it will then transfer over to the SWEAT system and then on to the people on that other side that are responsible to relate updates to the sheriff s office. Ethan stated that the SWEAT system will do the citations.

The attorney informed the Sheriff that the city’s codes align with the courts and the simplest way to go from here is for the sheriff s department to have a witnessing peace office serve the citation. The city code enforcement officer will sign the citations and then once the citation is turned over to the courts the city will take over the prosecution. Sheriff Mabey stated that he has had problems in the past with the supreme court not doing updates in their systems and then he takes the heat for it because the records get kicked back to him. The city attorney stated that the written violations are done and he has personally talked to the supreme court, but he will double check with them.

Cm Vawser asked if the sheriff s office is willing to move forward with supporting the city. Sheriff Mabey stated that yes, since the city is where they are at, and if he can get reassurance that the court system is updated, they will work with the city on with this process going forward.

Sheriff Mabey stated that he understands the city’s frustration completely. The sheriff asked that in the future, the city not take on so many cases at once due to the county not having enough law enforcement to handle the load. They took a lot of heat for the last situation but they want to make sure they provide services for the city. Cm, Vawser stated that there were 7 cases originally but the city is down to 5 that will need to be prosecuted and then the city will continue to monitor them.

Sheriff Mabey stated that he thinks we are now at the point where we have something set up and he would probably have to deal with this with anybody else.

Cm Christensen commented that it has been a while since the sheriff s department has put together a contract offer. Sheriff Mabey stated that it would be somewhere around $75k to $80k, costing the city a quarter of their budget and then they would have to charge Grace the same thing. Sheriff Mabey is concerned that it would it could become a logistical problem. The Sheriff is watching legislation because this has become a hot topic in Idaho and the cost is astronomical by the time things are done. Mayor Spencer suggested that this comes down to the city doing as much as possible with our own code enforcement officers and the city attorney. Sheriff Mabey commented that they would appreciate that and then they will step in where needed but would like to see less citations at one time. Sheriff Mabey stated that he really appreciates how the city has followed the city codes and taken the proper legal steps in this process. Cm, Vawser stated that the city hopes to get to the point where we don’t have this many violations to deal at one time so we don’t have to involve the sheriff s office as much.

Mayor Spencer thanked the sheriff for all that the support and help they offer the city. Sheriff Spencer doesn’t want the commissioners coming to him due to having so many cases with one town.

Amend/Repeal Ordinances Regarding Livestock/Grandfather Clause 

Atty Rawlins stated that he has reviewed previous minutes pertaining to discussions about livestock and the grandfather clause. The attorney has been researching on the grandfather clause and how to legally remove and amend those ordinances within our health and safety police power. 

There are certain zoning ordinances regarding livestock that would be under LUPA [generally, Land Use Petitioning Act] if we amended the zones. A-1 agricultural zones would need amended along with additional codes in other zones. We should not need a public hearing for amending this code but will still have to comply with Idaho Code as far as doing a written ordinance and repealing this. Atty Rawlins suggested removing it completely after reading the Idaho Statutes. The city can rest on the fact that this is a health and safety issue and part of the police powers of the city. The attorney stated that the grandfather clause is meant to be a defense in litigation, but the city does not need to give an out in its code to raise or challenge it. If the city does not want livestock in that permitted use zone and it has been permitted in a different zone within the city, the city can out a particular zone by repealing it to match what is already in LUPA. Rawlins reviewed Idaho Cities code, which states residents are allowed to have livestock if they have at least half of an acre, etc. Different cities have their own codes specific to their needs as a city. Under the zoning regulation, the city will want to make some clarifications so the number of livestock allowed is limited and has restrictions. He suggested carving out and changing the wording on a few codes, but noted it would be easier to just repeal and amend the codes to our city’s particular needs.

Cm Christensen would like the city to be mindful in making sure animals are only permitted in the proper zones that can sustain them. Rawlins cited a few codes regarding the number of livestock permitted that will need to be updated by public hearing due to being a zoning issue.

Cm Parsons has concerns regarding the codes that allow unlimited livestock to come through like a feedlot. The attorney suggested completely repealing those codes and amending the ones needed. Council wants to look closely at codes that regulate the number of animals so properties are not turning into feed lots.

Cm Eric Christensen made a motion to have the attorney begin working on repealing and amending the livestock and grandfather clause ordinances.

Motion passed 4-0.

Building Permits

Tallan McCulloch-Shipping Container/Shed

Resident Tallan McCulloch submitted a building permit application to bring in a shipping type container to be used as a storage building. Tallan recently started a heating and air conditioning business and needs additional storage space for the supplies. Tallan has talked to the neighbors adjacent to his home and gotten verbal consent to have the container. He will get written consent if needed. Council agreed that written consent would be helpful. Tallan would like to extend his driveway to the alleyway so he can drive all the way through. This next spring Tallan plans to put in a carport behind his garage followed by a barn that can eventually be a shop. 

Mayor Spencer has been on the property to inspect the 10 foot setbacks and noted that none of the neighbors’ sheds meet the setback requirements. This is possibly due to small lot sizes and was done in previous administration. Tallan would also like to put a 16 x20 pre-fab shop along the alleyway next spring for his wife’s art studio. The prefab shop should not impose on the city sewer but it is possibly that the additional driveway will go over the top of it. Cm, Jessie Vawser mentioned that she was not present at the last meeting but noticed residents had noted concerns regarding the shipping containers and the negative appearance of them in city limits. Tallan and his wife are willing to paint the container or do some type of a mountainous mural with neutral colors. Cm, Vawser stated that a solid color would be a better choice aesthetically. Cm, Christensen is concerned about encroachment on the city sewer lines and also not having any specs on the additional buildings noted. Tallan would be happy to apply for separate additional building permits when he gets closer to starting the other buildings and projects.  Mike Ackerman is concerned that if the city starts allowing storage containers in town it may become excessively abused. Mike suggested that if the city is going to allow the containers in town they should look like a permanent structure. The containers should have siding or some type of aesthetically pleasing curb appeal. Mike also requested that the city define the amount of time they allow the temporary containers to be on a resident’s property. The city does not currently have a code that is specific to this situation and will need to do follow-up on these permits. Council agrees that having documented regulations for all new containers coming into town.

Cm, Trevor Parsons made a motion to approve the storage container permit under the condition that Tallan is willing to make the container aesthetically pleasing to council specs and is willing to make changes to satisfy the council approval. The applicant agreed to the conditions discussed. Motion passed 3-0. Cm, Thurman abstained due to being related to the applicant.

Memorial Park Well

Mayor Spencer explained to council that the motor in the well at Memorial Park was replaced but the electrical box has some unknown issues causing it to spark and leave black marks in the panel box. The city has received a bid from Bear River Electric in Soda Springs to go in and change out the necessary parts. Cm, Parsons asked if it would be possible to get another quote. Council would like to contact Perks Electric, fY Electric and Dylon Low for bids.

Water Pressure at Helena Co.

Mayor Spencer was contacted by Helena Co. on several occasions regarding the decreasing water pressure. The flow of water used to be good, but over time it has decreased significantly. When the city tested the pressure at the hydrant, the PSI was 83 but decreased as soon as it was opened up. Mayor Spencer stated that this could be the result of a crushed or damaged line somewhere. The city unhooked the backflow preventer to test water restriction but still had no volume. The current line runs from the mound of dirt west of Helena by the backflow preventor, then goes around the graineries, then over to this side of Scholars and out to the road. Mayor Spencer commented that no one is sure of the exact location of the line or tie-in. Mayor Spencer asked council what they thought about working with Helena to replace the line and putting in a new hookup. Helena will allow the city to continue filling up the city and fire trucks at the location. Mayor Spencer suggested putting the new line behind their lean-to and tying into the line at the fire hydrant, which would keep the new line on their property. 

Helena would cover the cost of the new pipe and the city would cover the cost of the valve and fittings. Helena has agreed to maintain the new line. Council discussed going to a bigger 4 or 6” line that would be shorter allowing for better pressure. The estimated cost of a new valve is between $600 and $1,000 depending on the size and the cost of a new fitting that goes on the valve will be close to that same price. Mayor Spencer will contact the city’s engineers for advice regarding what size to use for better flow and volume. 

Resident, James Ackerman informed council that the main line runs down the highway and is not restricted but capped off at the end with a thrust block to prevent it from blowing apart. Cm, Eric Christensen would like to make sure we check everything with the engineers before proceeding. Council agreed it would be in the city’s best interest to work with Helena and put in a new line and valve where they are willing to let the city use the water for filling city equipment.

1st S. Drainage Project

Mayor Spencer informed council that the 1st South project is underway. The concrete has been poured and the asphalt will be finished in between storms. It will take 5-7 days to do the intersection alone. They will backflow with rock to ensure there is not a big drop. Council member Vawser asked if this will help with drainage. Mayor Spencer advised that it should help quite a bit. 

Impact Zone Questionnaire

Council reviewed the impact zone maps and answered the questionnaire. Council hopes to eventually see growth with the land that was purchased a few years ago and have some new development. Cm, Eric Christensen wants to make sure the city protects the north canyon water source. Clerk Swensen will send the questionnaire to the county.

Caribou Historical Society
Donation

Council discussed the importance of supporting the historical society by making a donation of $200.
Approved

Council and Staff Reports

Mayor Spencer contacted Rocky Mountain Power to get a plug for Christmas lights put on the new pole. The representative explained that Rocky Mountain Power is trying to get all lights switched out to the new LED lamps. They will get a lamp county and send an estimate over to the city. The city will get a discounted rate that would pay for the new lamps over time. Council agreed that it would be best to make the change to LED. Cm, Christensen asked if the new lamps would have the plugs so the city can continue to plug in the Christmas lights. 

Cm Parsons stated that airport road is holding together nicely and was a step in the right direction.

Cm Vawser wants the code enforcement to stay up on utility bills and get the warnings out. Mayor Spencer asked code enforcement to make sure the warnings go on the door that residents are using.

Clerk Swensen informed council that the city received the park grant for $250k but haven’t received the official approval document due to the [at the time] government shut down.