City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING SEPTEMBER 6, 2012 CLARIFICATION The City Council Agenda Clarification MEETING Meeting was called to order at 5:36 PM by Mayor Brian Blad. Council members present were Roger Bray, Steve Brown, Craig Cooper, Gary Moore and Eva Johnson Nye. 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 ROLL CALL AND to order at 5:58 p.m. 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 Dan Reinhold, INVOCATION representing University Bible 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 July 19, 2012 Regular Council Meeting; August 9, 2012 Study Session; August 16, 2012 Executive Session; and August 27, 2012 Special Council meeting. -PAYROLL AND (b) Council was asked to consider payroll and MATERIAL CLAIMS material claims for the month of August 2012 in the amount of $9,151,581.91. -ANIMAL SHELTER (c) Council was asked to confirm the Mayor’s ADVISORY BOARD appointment of Jane Guidinger to serve as a APPOINTMENT member of the Animal Shelter Advisory Board, replacing Cheryl Greer who resigned. Ms. Guidinger’s term will begin September 7, 2012 and will expire May 8, 2013. -GOLF ADVISORY (d) Council was asked to confirm the Mayor’s COMMITTEE appointment of Joyce Fleming to serve as a member of the Golf Advisory Committee, replacing Arlie Bybee who resigned. Ms. Fleming’s term will begin September 7, 2012 and will expire October 5, 2015. REGULAR CITY COUNCIL MEETING 2 SEPTEMBER 6, 2012 -HOUSING (e) Council was asked to confirm the Mayor’s AUTHORITY OF reappointment of Bobbie Branch to continue POCATELLO her service as a member of the Housing REAPPOINTMENT Authority of Pocatello Board. Dr. Branch’s term will begin September 7 2012 and will expire September 7, 2017. -POCATELLO ARTS (f) Council was asked to confirm the Mayor’s COUNCIL reappointment of Craig Worth to continue his REAPPOINTMENT service as a member of the Pocatello Arts Council. Mr. Worth’s term will begin September 8, 2012 and will expire September 8, 2015. -SISTER CITIES (g) Council was asked to confirm the Mayor’s COMMITTEE appointment of Johnell Chandler to serve as APPOINTMENT a member of the Japanese Sister Cities Subcommittee, replacing Desiree Greaves whose term expired. Ms. Chandler’s term will begin September 7, 2012 and will expire September 7, 2016. -RATIFICATION (h) Council was asked to ratify the request from EXCEPTION REQUEST Pocatello Firefighters Local 187 for an “FILL THE BOOT” exception to ordinances or laws that would FUNDRAISER prevent the group from gathering funds for the Muscular Dystrophy Association “Fill the Boot” Fundraiser, on the public rights-of-way at the intersections of Oak and Jefferson, and Poleline and Quinn from 9:00 a.m. to 6:00 p.m. on August 31, 2012. -RATIFICATION (i) Council was asked to ratify the submission GRANT APPLICATIONS of the following grant applications and authorize the Mayor’s signature on the grant contracts, if awarded, and any related subcontracts or documents, subject to Legal Department review: IDAHO STATE 1) Project involves whitewashing and minor HISTORICAL SOCIETY repairs to the external wall of the Fort –FORT HALL REPLICA Hall Replica. This Idaho State –PAINT Historical Society grant request is for $2,000.00 and there is no City Match; ASPCA AND SUBARU 2) Share the Love Adoption Event with Subaru -PET ADOPTION to promote adoption of animals from the EVENT Animal Shelter. This ASPCA and Subaru grant request is for $2,500.000 and there is no City match; and REGULAR CITY COUNCIL MEETING 3 SEPTEMBER 6, 2012 IDAHO STATE 3) Filming, editing, and distribution of a HISTORICAL SOCIETY video entitled “Fort Hall – Gateway to– FORT HALL REPLICA the Pacific Northwest,” in conjunction –VIDEO with the 50th Anniversary of the Fort Hall Replica. This Idaho State Historical Society grant is for $2,200.00 and matching City funds are not required, but in-kind services will be provided by Video Services staff. -RATIFICATION (j) Council was asked to ratify a Memorandum of MOU FOR IBM i2 Understanding (MOU) allowing the Pocatello COPLINK DATA Police Department to enter into an INTEGRATION agreement with the Chubbuck Police Department, Bannock County Sheriff’s Office and Idaho State Police to provide IBM i2 COPLINK Data integration through the Idaho Criminal Intelligence Center. An annual maintenance fee will begin in April 2014 if the Department chooses to continue with the MOU. -RENEWAL OF (k) Council was asked to adopt a College Work ANNUAL AGREEMENT Study Agreement with Idaho State University WITH ISU FOR (ISU) providing for work study positions at WORK STUDY POSITIONS the City in the amount of $25,350.00. The City is responsible for paying forty percent (40%) of said allocation ($10,140.00). The term of the agreement is from August 19, 2012 through May 10, 2013. This is an annual agreement and funding for work study positions is included in the budgets of those departments utilizing work study positions. -UTILITY (l) Council was asked to consider taking the EASEMENTS following action on two (2) separate public -BOULDERS utility easements necessary for the SUBDIVISION/ operation of the Spaulding Booster Station: SPAULDING BOOSTER STATION GRANT 1) Grant an easement to Idaho Power across EASEMENT Lot 17, Block 2 of Boulders Subdivision -IDAHO POWER to provide electrical power to the booster station; and ACCEPT 2) Accept a public utility easement from EASEMENT D.L. Evans Bank across Lot 6, Block 2 of -D.L. EVANS BANK Boulders Subdivision which was not provided for on the plat and which will serve future development of Lot 16. A motion was made by Mr. Moore, seconded by Mr. Brown, to approve the items on the consent agenda. Upon roll call, those voting in favor were Moore, Brown, Bray, Cooper, Johnston and Nye. AGENDA ITEM NO. 4: Mayor Blad welcomed boy scouts from REGULAR CITY COUNCIL MEETING 4 SEPTEMBER 6, 2012 COMMUNICATIONS AND Troop 350 and Troop 315 of Pocatello. PROCLAMATIONS Mr. Bray, on behalf of Mayor Blad, proclaimed the month of September 2012 as Alcohol and Drug Addiction Recovery Month in Pocatello and called upon the citizens of Pocatello to observe the month with appropriate programs, activities and ceremonies. A representative from the Idaho Department of Health and Welfare accepted the proclamation and thanked the Council for their support. He announced the 9th Annual Recovery Fest would be held in Pocatello and encouraged citizens to attend. Mr. Brown, on behalf of Mayor Blad, proclaimed September 22, 2012 to be American Business Women’s Day in Pocatello and urged citizens to recognize the organization for its efforts to help women advance in the professional arena. Margaret Roll-Peters, American Business Women’s Association Chapter President, accepted the proclamation and thanked the Council for the recognition. AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the CALENDAR REVIEW September 13th Study Session at 9:00 a.m. immediately followed by an Executive Session, and the September 20th Regular Council meeting at 6:00 p.m. Mayor Blad reminded citizens that the Community Recreation Center will be closed for annual maintenance work through September 10, 2012 but the business offices will remain open from 8:00 a.m. to 5:00 p.m., Monday through Friday; an Edible Wild Plants presentation will take place at the Marshall Public Library on September 13th at 7:00 p.m.; and the Simplot Fun Run will take place on September 15th, contact the Community Recreation Center for more information. Mayor Blad also reminded citizens that school has started, and drivers must slow down in school zones; and the first Idaho State University home football game will take place on September 8th. AGENDA ITEM NO. 6:Mike Riley, 930 Delano, shared his gratitude DISCUSSION ITEMS regarding the ADA Accessible ramp located FROM THE AUDIENCE on Martin Luther King Jr. Drive and 9th Avenue. He feels it is important for the university and the City to work together to make the community a better place. Mr. Riley stated his support for the Pocatello Transit Department and the services it provides. In response to a question from Council, Mr. Riley stated he feels a REGULAR CITY COUNCIL MEETING 5 SEPTEMBER 6, 2012 committee would be beneficial to give the Council constructive feedback regarding City services and ADA compliance issues. Idaho Lorax, Pocatello resident, requested a resolution from the Council for a “Gold Coin Community” initiative and announced upcoming community events. Mayor Blad reminded Mr. Lorax to stay clear of the City right-of- way when holding public events. Niki Taysom, Pocatello resident, shared her appreciation for the City staff members who work to keep City properties well maintained. She shared her concerns regarding public events which allow the consumption of alcohol and her concerns regarding code enforcement. AGENDA ITEM NO. 7: Council was asked to approve an agreement AGREEMENT-IRS with WageWorks, Inc., to provide services SECTION 125 related to administration of the City’s IRS CAFETERIA PLAN Section 125 Cafeteria Plan beginning October 1, 2012. This program allows City employees to pay for insurance premiums and out-of-pocket medical expenses on a pre-tax rather than after-tax basis. A motion was made by Mr. Bray, seconded by Mr. Cooper, to approve an agreement with WageWorks, Inc., to provide services related to administration of the City’s IRS Section 125 Cafeteria Plan beginning October 1, 2012. Upon roll call, those voting in favor were Bray, Cooper, Brown, Johnston, Moore and Nye. AGENDA ITEM NO. 8: Council was asked to adopt a Resolution RESOLUTION supporting the prohibition of discrimination –SUPPORTING based on sexual orientation and gender PROHIBITION OF identity or expression, particularly DISCRIMINATION discrimination with regard to employment, housing and real estate transactions, and public accommodations. The City’s Human Relations Advisory Committee presented information requesting action on this matter at the May 2012 Study Session. A motion was made by Mrs. Nye, seconded by Mr. Bray, to not adopt the resolution and that the Council set the topic as part of the October 11, 2012 City Council Study Session for discussion to develop an ordinance against discrimination based on sexual orientation, and that the ensuing ordinance be presented for consideration at the November 1, 2012 Regular City Council Meeting. Mrs. Nye stated she serves as the Council liaison to the Human REGULAR CITY COUNCIL MEETING 6 SEPTEMBER 6, 2012 Relations Advisory Committee and she understood the committee had prepared documentation to establish an ordinance, not a resolution. Mr. Bray asked to hear from a variety of speakers regarding the proposed resolution. Suzie Matsuura, 754 South 19th Avenue, serves as chair of the Human Relations Advisory Committee, and feels a resolution is not sufficient to prohibit discrimination in the community. She presented Mayor Blad with a petition asking for an ordinance rather than a resolution. Muriel Roberts, 541 South 19th Avenue, feels there are members of the community who do not feel secure in their jobs or housing situations because of their sexual orientation or gender identity. She feels an ordinance is necessary to protect citizens against discrimination. Reverend Janie Gebhart, 1200 Aspen Drive, feels an ordinance is necessary to make Pocatello a safe and cohesive community. She feels citizens should celebrate diversity and not accept the practice of discrimination within the community. Jamar Brown, 515 Barrett Avenue, stated she appreciated the resolution and feels it would generate goodwill, but wouldn’t resolve the issues of discrimination. She feels an ordinance would express overall acceptance of diversity. Steve Brown 515 Barrett Avenue, stated that sexual orientation discrimination is an important issue and may have prompted individuals to commit suicide. He feels a resolution has no substantive value and an ordinance is necessary. Lindsay VanLuvanee, 426 East Terry Street #4, feels an ordinance is needed to discourage discrimination activity. Matea Ivanovic, 1107 South 4th Avenue, feels an ordinance is crucial due to the emerging class of citizens. She would like to see the community promote acceptance of diversity. Niki Taysom, Pocatello citizen, feels it is unfair to take rights away from one group of citizens and grant additional rights to other groups. Rick Pongratz, psychologist at Idaho State University specializing in sexual identity development, feels it is important to have an ordinance in place regarding sexual orientation discrimination. Ralph Baker, 755 North Arthur, stated that federal guidelines are already in place regarding fair housing. He reminded the Council that all decisions have ramifications. Mr. Bray added that he feels additional discussion is needed to REGULAR CITY COUNCIL MEETING 7 SEPTEMBER 6, 2012 move forward on the issue. Mrs. Nye stated she feels additional work must be done as a community through discussions and public hearings. She clarified that the November 1, 2012 date is not set in stone, but can be adjusted, if necessary, to allow sufficient time to prepare an ordinance. Mrs. Nye’s motion was voted upon at this time. Upon roll call, those voting in favor were Nye, Bray, Brown, Cooper, Johnston and Moore. AGENDA ITEM NO. 9: Council was asked to accept the BID-HIGHLAND GOLF recommendations of staff and award the bid COURSE IRRIGATION for irrigation equipment for the Highland EQUIPMENT Golf Course to Turf Equipment & Irrigation who submitted the lowest responsive bid in the amount of $97,372.12. Funding to purchase the equipment is available in the Fiscal Year 2012 budget. In response to a question from Council, Jerry Sepich, Parks and Recreation Director, stated only three companies nationwide were qualified to bid for the irrigation system and that Turf Equipment & Irrigation of Salt Lake City, Utah, submitted the lowest responsive bid. A motion was made by Mr. Johnston, seconded by Mr. Cooper, to award the bid for irrigation equipment for the Highland Golf Course to Turf Equipment & Irrigation in the amount of $97,372.12, subject to Legal Department review. Upon roll call, those voting in favor were Johnston, Cooper, Bray, Brown, Moore and Nye. AGENDA ITEM NO. 10:Council was asked to consider a request from EXCEPTION the Cooperative Wilderness Handicapped REQUESTS–CW HOG Outdoor Group (CW HOG) for exceptions to City Codes to accommodate their needs for their annual “Pig Out” fund raising event to be held in Lower Ross Park on September 15, 2012. Staff recommended approval of the following exceptions: -AFTER-HOURS a) Exception to Municipal Code 12.36.020, Park EXCEPTION TO Hours-Request permission to stay in the park PARK HOURS until 11:30 p.m. to allow the band to play until 10:00 p.m. and allow time for clean- up; and -CONCESSION b) Exception to Municipal Code 5.06.020, to REGULAR CITY COUNCIL MEETING 8 SEPTEMBER 6, 2012 SALES allow concession sales in Lower Ross Park. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve the requests from the Cooperative Wilderness Handicapped Outdoor Group (CW HOG) for the following exceptions to City Codes to accommodate their needs for their annual “Pig Out” fundraising event to be held in Lower Ross Park on September 15, 2012: a) allow permission to stay in the park until 11:30 p.m. to allow the band to play until 10:00 p.m. and allow time for clean-up; and b) allow concession sales in Lower Ross Park. Upon roll call, those voting in favor were Moore, Nye, Bray, Brown, Cooper and Johnston. There being no further business, Mayor Blad adjourned the meeting at 7:09 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK