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City Council

Regular Meeting

Pocatello, ID · April 18, 2013

AgendaMinutes

Minutes

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING APRIL 18, 2013 CLARIFICATION The City Council Agenda Clarification MEETING Meeting was called to order at 5:36 p.m. 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 6:06 p.m. by Mayor Brian Blad. PLEDGE OF Council members present were Roger Bray, ALLEGIANCE Craig Cooper, Jim Johnston, Gary Moore and Eva Johnson Nye. Council member Steve Brown arrived at 6:11 p.m. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: An invocation was offered by Dawn Bowman, a INVOCATION representative from the Bahai Faith. Mayor Blad announced agenda item No. 16 had been pulled from the agenda to allow staff more time to research the item. Council member Brown arrived at this time. 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 and Regular Council meetings of March 7, 2013 and March 21, 2013. -TREASURER’S (b) Consider the Treasurer’s Report for March REPORT 2013 showing cash and investments as of March 31, 2012 in the amount of $28,282,538.05. -RATIFICATION (c) Ratify the Council’s informal approval to USE AGREEMENT FOR enter into a Use Agreement with the Idaho ARFF TRAINING Falls Fire Department under which their staff will use the Fire Department’s Airport Rescue and Firefighting (ARFF) training facility at the Pocatello Regional Airport. The term of the agreement is one day during week of April 22 through 26, 2013 and the City will be compensated for REGULAR CITY COUNCIL MEETING 2 APRIL 18, 2013 the facility fee and material usage. This agreement was signed on April 2, 2013. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve the items on the consent agenda. Upon roll call, those voting in favor were Moore, Nye, Bray, Brown, Cooper and Johnston. AGENDA ITEM NO. 4: Mayor Blad recognized a boy scout from Troop COMMUNICATIONS AND No. 315 in the audience. PROCLAMATIONS Mrs. Nye, on behalf of Mayor Blad, proclaimed April 20, 2013 to be Portneuf Valley Community Environmental Fair Day in Pocatello and encouraged residents, businesses and institutions to support the Fair, and encouraged participation in programs and projects to help build a sustainable community. Mayor Blad presented the proclamation to Hannah Sanger, Environmental Educator for the City. Ms. Sanger accepted the proclamation and thanked the Mayor and Council for their support of the Environmental Fair. She distributed informational flyers regarding the Environmental Fair to the Council members. Mr. Cooper, on behalf of Mayor Blad, proclaimed April 26, 2013 to be Arbor Day in Pocatello and urged citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands. Hannah Sanger, on behalf of the Pocatello Tree Commission, thanked the Mayor and City Council for their support. AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the CALENDAR REVIEW May 2nd Budget meeting at 9:00 a.m. and Regular City Council meeting at 6:00 p.m.; and the May 9th Study Session at 9:00 a.m. Mayor Blad announced the Portneuf Valley Environmental Fair would be held on April 20th at Optimist Park from 11:00 a.m. to 3:00 p.m.; Medication Take-back Day would be held in conjunction with the Environmental Fair on April 20th; “Teens and Their Money” workshop will be held April 25th at 6:00 p.m. at Marshall Public Library; the Pocatello Zoo is now open on weekends and will open seven days a week beginning on May 1st; the Recreation Center will be closed on Sundays beginning April 21, 2013 and will resume Sunday hours on October 20, 2013; the Parks and Recreation Department Fun Run Series will begin on May 4th with the “Law Day Run”; the half-price City animal license campaign will run throughout the month of May. AGENDA ITEM NO. 6: Remi Boomer, Jenna, and Brian Waldron REGULAR CITY COUNCIL MEETING 3 APRIL 18, 2013 DISCUSSION ITEMS are third grade students at Edahow FROM THE AUDIENCE Elementary. They shared their concerns regarding resource conservation and they would like to see an expansion of the recycling program to have recycling bins available at apartment complexes in Pocatello. Niki Taysom, Burley Drive, is concerned about bullying in schools and in the community. Mike Riley, 930 Delano, thanked City Council members for demonstrating fiscal responsibility to make improvements in City business. He expressed his appreciation for replacing public transportation vehicles while still being fiscally responsible. Billie Johnson, 151 South 16th Place, shared her feelings regarding first amendment rights and religious influences in her life. She encouraged citizens to treat others with respect. Idaho Lorax, Pocatello citizen, thanked the Mayor and City Council members for proclamations regarding the Environmental Fair and Arbor Day. He encouraged environmental responsibility. AGENDA ITEM NO. 7: Pocatello Neighborhood Services (PNHS), SHORT PLAT FOR represented by the City of Pocatello, PNHS REVITALIZATION requests to subdivide property along the PROJECT-1500 BLOCK 1500 block of North Hayes into three (3) OF NORTH HAYES residential lots dedicated to the City of Pocatello. At their meeting of March 13, 2013 the Planning and Zoning Commission recommended approval of the request. A motion was made by Mrs. Nye, seconded by Mr. Johnston, to approve the request to subdivide property along the 1500 block of North Hayes into three (3) residential lots dedicated to the City of Pocatello with the following conditions: 1) note #3 on the plat shall state that Lots 1 and 6 are dedicated to the City of Pocatello as right-of-way for Connor Street and that Lot 5 is dedicated to the City of Pocatello as right-of-way for Hayes Avenue; 2) the final plat will be prepared in accordance with applicable State and City subdivision plat standards; and 3) all other standards or conditions required by Municipal Code not herein stated but applicable to the development shall apply and that the decision be set out in the appropriate Council Decision format. Upon roll call, those voting in favor were Nye, Johnston, Bray, Brown, Cooper and Moore. AGENDA ITEM NO. 8: Council was asked to approve submission of IDAHO COMMUNITY an Idaho Community Foundation grant in the REGULAR CITY COUNCIL MEETING 4 APRIL 18, 2013 FOUNDATION GRANT amount of $4,182.00 and, if awarded, -ZOO INTERPRETIVE authorize the Mayor to sign, subject to SIGNS Legal Department review, documents related to the grant. Funds from the grant will be used to replace animal exhibit interpretive signs at the Zoo. No matching funds are required. A motion was made by Mr. Bray, seconded by Mr. Moore, to approve submission of an Idaho Community Foundation grant in the amount of $4,182.00 and, if awarded, authorize the Mayor to sign, subject to Legal Department review, documents related to the grant. Upon roll call, those voting in favor were Bray, Moore, Brown, Cooper, Johnston and Nye. AGENDA ITEM NO. 9: Council was asked to approve submission of APPLICATION an application, subject to Legal Department –IDAHO ADA review, for state-administered funds in an PEDESTRIAN CURB amount up to $60,000.00 for replacement of RAMP PROGRAM FUNDING pedestrian curb ramps along state routes in Pocatello. If the application is successful, Council may wish to authorize the project. Construction of the ramps should take place during the summer of 2014 and there is no local match. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve submission of an application, subject to Legal Department review, for state-administered funds in an amount up to $60,000.00 for replacement of pedestrian curb ramps along state routes in Pocatello and if the application is successful, authorize the project. Upon roll call, those voting in favor were Moore, Nye, Bray, Brown, Cooper and Johnston. AGENDA ITEM NO. 10:Council was asked to declare items DECLARATION OF identified as surplus property to be sold at SURPLUS PROPERTY the City’s Annual Auction on May 11, 2013. –CITY AUCTION City departments submitted lists of items that they considered surplus and these were reviewed by other departments. The items to be considered as surplus are not needed by any other department within the City. A motion was made by Mr. Bray, seconded by Mr. Cooper, to declare items identified as surplus property to be sold at the City’s Annual Auction on May 11, 2013. Upon roll call, those voting in favor were Bray, Cooper, Brown, Johnston, Moore and Nye. AGENDA ITEM NO. 11: Council was asked to consider piggy-backing PIGGY-BACK the equipment bid received by the City of REGULAR CITY COUNCIL MEETING 5 APRIL 18, 2013 EQUIPMENT BID Chubbuck for the purchase of two (2) 2014 -SANITATION Peterbilt 320 cab/chassis with Heil packer bodies for the Sanitation Department. The equipment will not be delivered until October 2013 and the department has two (2) trucks scheduled for replacement in the Fiscal Year 2014 budget. The Peterbilt dealer has offered a trade value of $43,000.00 for the trucks being replaced. The final cost to the City will be $483,074.00. A motion was made by Mr. Moore, seconded by Mr. Johnston, to accept the piggy-back equipment bid received by the City of Chubbuck for the purchase of two (2) 2014 Peterbilt 320 cab/chassis with Heil packer bodies for the Sanitation Department to be delivered in October 2013 and for a final cost of $483,074.00. Upon roll call, those voting in favor were Moore, Johnston, Bray, Brown, Cooper and Nye. AGENDA ITEM NO. 12: Council was asked to approve the transfer of BUS TRANSFER FROM two (2) new Type II Cutaway buses from TRPTA/IDAHO FALLS Targhee Regional Public Transportation TO POCATELLO Authority (TRPTA) in Idaho Falls to REGIONAL TRANSIT Pocatello Regional Transit (PRT). The buses were purchased last year for $70,201.00 each, ($140,402.00 total) and never placed in service. Upon FTA approval, the federal share will transfer and PRT’s match will be 17% or $23,868.00. Matching funds are available in the PRT budget for 2013. The buses will replace vehicles that are well beyond their useful life and scheduled for immediate replacement. A motion was made by Mrs. Nye, seconded by Mr. Bray, to approve the transfer of two (2) new Type II Cutaway buses from Targhee Regional Public Transportation Authority (TRPTA) in Idaho Falls to Pocatello Regional Transit (PRT) in the amount of $23,868.00. Upon roll call, those voting in favor were Nye, Bray, Brown, Cooper, Johnston and Moore. AGENDA ITEM NO. 13: Council was asked to consider the BID/CONTRACT recommendations of staff regarding the Water -WPC DIGESTER Pollution Control (WPC) Digester Improvement IMPROVEMENTS PROJECT project: BID-STARR a) Accept the lowest responsive bid received on CORPORATION April 2, 2013 from Starr Corporation, in the amount of $1,569,000.00 and, if this bid is accepted; CONTRACT-STARR b) Authorize the execution of a contract CORPORATION between the City and Starr Corporation, in the amount of $1,569,000.00 for the WPC REGULAR CITY COUNCIL MEETING 6 APRIL 18, 2013 Digester Improvement project, subject to Legal Department review. Funds for this project are available in WPC Department’s budget. John Herrick, Water Pollution Control Superintendent, stated the bid received was $800,000.00 under the projected estimate and met all specifications. A motion was made by Mr. Johnston, seconded by Mr. Cooper, to accept the lowest responsive bid received on April 2, 2013 from Starr Corporation, in the amount of $1,569,000.00 and authorize the execution of a contract with Starr Corporation, in the amount of $1,569,000.00 for the WPC Digester Improvement project, subject to Legal Department review. Upon roll call, those voting in favor were Johnston, Cooper, Bray, Brown, Moore and Nye. AGENDA ITEM NO. 14: Council was asked to approve an agreement FACILITY PLAN with HDR Engineering, Inc., subject to Legal UPDATE AGREEMENT Department review, for development of a –WPC Facility Plan Update for the City of Pocatello Water Pollution Control Facility (WPC). The cost of the update is $364,638.00 and is within WPC’s budgeted amount for this project. A motion was made by Mr. Bray, seconded by Mrs. Nye, to approve an agreement with HDR Engineering, Inc., subject to Legal Department review, for development of a Facility Plan Update for the City of Pocatello Water Pollution Control facility (WPC) in the amount of $364,638.00. Upon roll call, those voting in favor were Bray, Nye, Brown, Cooper, Johnston and Moore. AGENDA ITEM NO. 15: Council was asked to approve an agreement IDAHO with Idaho Transportation Department (ITD) TRANSPORTATION to have Pocatello Police officers teach DEPARTMENT Alive at 25 curriculum which is sponsored by ALIVE AT 25 ITD. Alive at 25 is a driver awareness MOU-POLICE program aimed at reducing fatal and serious injury in young drivers. The Police Department will provide instructors to present the curriculum on an overtime status and ITD will reimburse the City for the overtime expense. A motion was made by Mr. Moore, seconded by Mr. Cooper, to approve an agreement with Idaho Transportation Department (ITD) to have Pocatello Police officers teach Alive at 25 curriculum which is sponsored by ITD and that the Police Department will provide instructors to present the curriculum on an overtime status and ITD will reimburse the City for the overtime expense. Upon roll call, REGULAR CITY COUNCIL MEETING 7 APRIL 18, 2013 those voting in favor were Moore, Cooper, Bray, Brown, Johnston and Nye. AGENDA ITEM NO. 16: As announced earlier, Agenda Item No. 16 to RESOLUTION adopt a Resolution creating an Islamic CREATING AND ISLAMIC section in Mountain View Cemetery was pulled SECTION IN from the agenda. RESTLAWN CEMETERY AGENDA ITEM NO. 17: Council was asked to consider the following 2013 CONCESSIONAIRE Concessionaire Use Agreements, subject to AGREEMENTS FOR Legal Department review, at two (2) of the CITY OUTDOOR City’s recreation facilities for the 2013 RECREATION FACILITIES season: OK WARD PARK a) Scott Porter to operate the concession stand at OK Ward Park; and WATKINS PARK b) Fore Golf to operate the concession stand at the Watkins Park Softball Complex in NOP Park. A motion was made by Mrs. Nye, seconded by Mr. Brown, to approve the following Concessionaire Use Agreements, subject to Legal Department review, at two (2) of the City’s recreation facilities for the 2013 season: a) Scott Porter to operate the concession stand at OK Ward Park; and b) Fore Golf to operate the concession stand at the Watkins Park Softball Complex in NOP Park. Upon roll call, those voting in favor were Nye, Brown, Bray, Cooper, Johnston and Moore. AGENDA ITEM NO. 18: Council was asked to consider a Use USE AGREEMENT Agreement, subject to Legal Department –ROCKY MOUNTAIN review, with Dennis Udy, dba Rocky Mountain SCHOOL OF BASEBALL School of Baseball (RMSB) for use of the City’s baseball fields for their youth baseball tournament on May 10 and 11, 2013. RMSB will be required to pay the applicable rental fees and provide liability insurance, naming the City as an additional insured. In addition, they will be responsible for 1) field maintenance; 2) any damages; and 3) any additional costs incurred by the City as a result of their use. This agreement is similar to previous agreements with RMSB. A motion was made by Mr. Moore, seconded by Mr. Bray, to approve a Use Agreement, subject to Legal Department review, with Dennis Udy, dba Rocky Mountain School of Baseball (RMSB) for use of the City’s baseball fields for their youth baseball tournament on May 10 and 11, 2013 and that RMSB will be required to pay the applicable rental fees and provide liability insurance, naming the City as an REGULAR CITY COUNCIL MEETING 8 APRIL 18, 2013 additional insured and be responsible for 1) field maintenance; 2) any damages; and 3) any additional costs incurred by the City as a result of their use. Upon roll call, those voting in favor were Moore, Bray, Brown, Cooper, Johnston and Nye. AGENDA ITEM NO. 19: Council was asked to consider a Use USE AGREEMENT Agreement, subject to Legal Department -POCATELLO 50 review, with Luke Nelson, dba Pocatello 50 TRAIL RACE Trail Race for use of a portion of the City Creek Management Area for the event. This endurance race will be on June 1, 2013 with course set-up on May 31st and clean-up on June 2nd. The fee will be $100.00 and Mr. Nelson will be required to: 1) provide liability insurance, naming the City as an additional insured; 2) be responsible for set-up and cleaning the area after the event; 3) any damages; and 4) additional costs incurred by the City as a result of the event. This agreement is similar to previous agreements for this event, formerly called the Pocatello 50 Mile Endurance Race. A motion was made by Mrs. Nye, seconded by Mr. Bray, to approve a Use Agreement, subject to Legal Department review, with Luke Nelson, dba Pocatello 50 Trail Race for use of a portion of the City Creek Management Area for an event to be held June 1, 2013 with course set-up on May 31st and clean-up on June 2nd and that the fee will be $100.00 and Mr. Nelson will be required to: 1) provide liability insurance, naming the City as an additional insured; 2) be responsible for set-up and cleaning the area after the event; 3) any damages; and 4) additional costs incurred by the City as a result of the event. Upon roll call, those voting in favor were Nye, Bray, Brown, Cooper, Johnston and Moore. AGENDA ITEM NO. 20: This time was set aside to continue the PUBLIC HEARING public hearing which began April 4, 2013 CONTINUATION FOR and allow the Council to receive comments NON-DISCRIMINATION from the public only on modifications to a ORDINANCE proposed Non-Discrimination Ordinance. An ordinance has been prepared for consideration. Mayor Blad reminded the audience that kindness and respect would be expected from all participants. He reminded those in attendance that comments would be limited to discussion regarding only the proposed modifications to the ordinance and if discussion deviated from that topic, the speaker would be dismissed. Kirk Bybee, City Civil Attorney, gave an overview of the proposed ordinance modification. He stated in Section 9.36.060, the modification included the deletion of the sentence relating to mediation provisions. Mr. Bybee explained that because mediation would take place before criminal action occurred, criminal rules would not be in place and the phrase would be unnecessary. REGULAR CITY COUNCIL MEETING 9 APRIL 18, 2013 Mrs. Nye commented that according to her research, if the proposed deletion were to be left as a part of the proposed ordinance, and mediation were to be conducted pursuant to the Idaho Rules of Criminal Procedure, then mediation would be at no cost to either party, as the mediation would be done by sitting or retired judges. As a result, she feels the phrase relating to costs of the mediation services being borne equally by the Complainant and the Defendant becomes unnecessary. Mr. Bybee explained the purpose of the wording relating to mediation would allow the parties involved to resolve their dispute through mediation before becoming involved through the court system. In response to a question from Council, Mr. Bybee stated the deletion of the sentence relating to mediation in the proposed ordinance was stricken from the ordinance and may allow the resolution of a complaint before progressing to the criminal level. He stated that the proposed ordinance, along with other non- discrimination ordinances enacted in four other Idaho cities, was modeled according to the Idaho State Civil Rights Act and criminalizes discrimination conduct. Mr. Bray asked Mr. Bybee what the possible effects could be if the act of discrimination were changed to a civil offense instead of a criminal offense. Mr. Bybee gave an overview of potential consequential differences if a discrimination violation were reduced to an infraction instead of a criminal offense. He stated that a defendant would lose their right to a jury trial and lose their right to have council appointed for them. Mr. Bybee added that the ability to offer victim restitution would be lost if the offense were changed to an infraction. Mrs. Nye feels the ordinances passed in four other Idaho cities should be more of a consideration than the Salt Lake City, Utah ordinance. Mr. Bybee clarified that several ordinances in Idaho, Montana, Oregon and Utah were considered while developing the proposed ordinance and that other ordinances in the state were modeled after the Idaho Civil Rights Act. Discussion followed regarding a defendant’s right to appeal, changes proposed by outside organizations and a citizen’s first amendment rights. REGULAR CITY COUNCIL MEETING 10 APRIL 18, 2013 Mayor Blad announced that several items of written correspondence had been received. Suzi Matsuura, 7554 South 19th Avenue, spoke in favor of the modification. She added that she is in favor of the whole ordinance and feels the proposed deletion of the line regarding mediation provisions would remove undue burden from a victim. Chad Sellers, 2210 Diane, spoke in favor of the modification. He agreed that removal of the line would allow the City to remove the criminal actions. Niki Taysom, Burley Drive, spoke uncommitted to the modification and feels discrimination is wrong. Mayor Blad asked Ms. Taysom to take her seat, as she continued to deviate from the topic at hand. Rick Pongratz, 1138 North Gale Mountain Drive, spoke uncommitted regarding the proposed modification. He supports the proposed ordinance, but is unsure of all the changes that would come along with the proposed modification. Billie Johnson, 151 South 16th Place, spoke uncommitted on the proposed modification. She feels the decision making process should be fair. Mary Frangesh, 172 Fairmont, spoke in opposition to the proposed modification. She feels mediation and confidentiality procedures may not be adequate. Vyonne Jenks, 132 Oakland Avenue, spoke in opposition to the modification and feels the originally proposed ordinance was sufficient. Mr. Bybee stated that constitutional issues are not easy. He reviewed the process and noted rules already in place regarding mediation work well. There being no further public comments, Mayor Blad closed the public hearing. A motion was made by Mrs. Nye, seconded by Mr. Bray, to accept the proposed ordinance, as amended. Mr. Bray suggested an amendment be added to section 9.36.30, to include the words “to willfully commit” at the beginning of sections a, b and c. He feels the additional wording would establish intent. REGULAR CITY COUNCIL MEETING 11 APRIL 18, 2013 Mrs. Nye accepted the amendment to the motion. Mr. Brown stated he has sought the advice from attorneys, civic leaders, religious leaders and respected individuals regarding the proposed ordinance. He respects the opinions that have been shared and feels the decision to enact an ordinance has been a difficult one. Mr. Brown feels it is unfortunate that discrimination occurs and it is important to find an effective balance on all issues. Mr. Cooper feels it is unfortunate that discrimination occurs and he has spent much time and consideration on the issue. He feels if individuals followed the “golden rule”, an ordinance would not be necessary. Mr. Moore stated that when the Council is faced with a tough issue, he often follows his heart when making a decision. He has friends and knows individuals who run local businesses that could be negatively affected by this ordinance. Mr. Moore feels they will not be affected, as these individuals will not discriminate against others. Mr. Bray expressed his appreciation for all individuals who have been a part of the ordinance process. He feels that just like the framers of the Constitution, Councils often revisit ordinances to improve upon them. Mr. Bray believes that because specific protections have been added regarding religion and other issues, the ordinance meets everyone’s needs. Mr. Johnston feels discrimination in any form is wrong. He would like to have an ordinance that provides protections for all citizens. Mr. Johnston feels Pocatello is a good city, and would like an ordinance that has wording that clearly indicates Pocatello is a welcoming community. He thanked the Human Relations Advisory Committee for the work they have done to help form an ordinance and feels the discussions have led to an increased harmony between citizens. Mrs. Nye feels the proposed ordinance is a good ordinance that addresses the rights of citizens and safeguards religious rights. Mayor Blad clarified that the motion was to accept the modification on the ordinance only. 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. 21: Council was asked to consider an ordinance REGULAR CITY COUNCIL MEETING 12 APRIL 18, 2013 ORDINANCE enacting a new section to Pocatello NON-DISCRIMINATION Municipal Code Title 9 Chapter 36, to prohibit discriminatory acts in housing, employment and public accommodations upon sexual orientation and gender identity/expression. A motion was made by Mrs. Nye, seconded by Mr. Moore, that the ordinance, Agenda Item 21, be read only by title and placed on final passage for publication, and that only the ordinance summary sheet be submitted for publication. Upon roll call, those voting in favor were Nye, Moore, Bray, Brown, Cooper and Johnston. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance enacting a new section to Pocatello Municipal Code Title 9 Chapter 36, to prohibit discriminatory acts in housing, employment and public accommodations upon sexual orientation and gender identity/expression. Mayor Blad asked “Shall the ordinance pass?” Upon roll call, those voting in favor were Bray, Moore and Nye. Those voting in opposition were Brown, Cooper and Johnston. Due to a tie in voting, Mayor Blad was required to cast the deciding vote. Mayor Blad stated he has spent many hours considering the ordinance, reading written comments and visiting with individuals who are on either side of the issue. Mayor Blad voted in opposition to the motion. The motion failed. Mayor Blad asked that a modified ordinance be introduced to the City Council at a Study Session on May 9, 2013 and that the ordinance be considered by the Council at a Regular City Council meeting on June 6, 2013. He feels the proposed ordinance can be improved upon to bring a divided community together. There being no further business, Mayor Blad adjourned the meeting at 8:13 p.m. APPROVED: BRIAN C. BLAD, MAYOR REGULAR CITY COUNCIL MEETING 13 APRIL 18, 2013 ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI KENDELL, DEPUTY CITY CLERK

Agenda

A G E N D A CITY OF POCATELLO REGULAR CITY COUNCIL MEETING APRIL 18, 2013 - 6:00 PM COUNCIL CHAMBERS 911 NORTH 7TH AVENUE Any citizen who wishes to address the Council shall first be recognized by the Mayor, and shall then give his/her name and address for the record. If a citizen wishes to read documentation of any sort to the Council, he/she shall first seek permission from the Mayor. A three (3) minute time limitation is requested for Council presentations. City Hall and the City Council Chambers are accessible to persons with disabilities. Interpreters for persons with hearing impairments and/or taped information for persons with visual impairments can be provided upon three days’ notice. For accessibility arrangements, please contact Dave Hunt, ADA Coordinator, at Voice Phone: 208-232-5057; TTY: 208-232-5071; Fax: 208-233-5149; E-mail: dhunt@pocatello.us; Mailing Address: P.O. Box 4169, Pocatello, Idaho 83205-4169; Physical Address: 215 West Bonneville, Pocatello, Idaho. The purpose of the agenda is to assist the Council and interested citizens in the conduct of this public meeting. Citizens should examine the agenda for the item of their interest. If the matter the citizen wishes to discuss is not listed on the formal agenda, an opportunity to be heard by the Council is the agenda item described as "DISCUSSION ITEMS." Total time allotted for this item is fifteen (15) minutes, with a maximum of three (3) minutes per speaker. You must sign in at the start of the meeting. AGENDA CLARIFICATION MEETING: A meeting will be held at 5:30 p.m. in the Paradice Conference Room at City Hall, prior to the regular meeting for clarification of the agenda. RECESS: In the event the meeting is still in progress at 7:30 p.m., the Mayor may call a ten-minute recess to allow Council members and participants a brief rest period. AGENDA ITEM NO. 1: ROLL CALL AND PLEDGE OF ALLEGIANCE. AGENDA ITEM NO. 2: INVOCATION: The invocation will be offered by Dawn Bowman of the Bahai Faith. REGULAR CITY COUNCIL MEETING 2 APRIL 18, 2013 AGENDA ITEM NO. 3: CONSENT AGENDA: The following business items may be approved by one motion and a vote. If any one member of the Council so desires, any matter listed can be moved to a separate agenda item. (a) MINUTES: Council may wish to waive the oral reading of the minutes and approve the minutes from Clarification and Regular Council meetings of March 7, 2013 and March 21, 2013. (b) TREASURER’S REPORT: Council may wish to consider the Treasurer’s Report for March, showing cash and investments as of March 30, 2013. (c) RATIFICATION-USE AGREEMENT FOR ARFF TRAINING: Council may wish to ratify its informal approval to enter into a Use Agreement with the Idaho Falls Fire Department under which their staff will use the Fire Department’s Airport Rescue and Firefighting (ARFF) training facility at the Pocatello Regional Airport. The term of the agreement is one-day during the week of April 22 through 26, 2013 and the City will be compensated for the facility fee and material usage. This agreement was signed on April 2, 2013. AGENDA ITEM NO. 4: COMMUNICATIONS AND PROCLAMATIONS: AGENDA ITEM NO. 5: CALENDAR REVIEW: Council may wish to take this opportunity to inform other Council members of upcoming meetings and events that should be called to their attention. AGENDA ITEM NO. 6: DISCUSSION ITEMS: This time has been set aside to hear discussion items not listed on the agenda. Items which appear somewhere else on the agenda will not be discussed at this time. The Council is not allowed to take any official action at this meeting on matters brought forward under this agenda item. Items REGULAR CITY COUNCIL MEETING 3 APRIL 18, 2013 will either be referred to the appropriate staff or scheduled on a subsequent agenda. You must sign in at the start of the meeting in order to be recognized. (Note: Total time allotted for this item is fifteen (15) minutes, with a maximum of three (3) minutes per speaker.) AGENDA ITEM NO. 7: SHORT PLAT FOR PNHS REVITALIZATION PROJECT-1500 BLOCK OF NORTH HAYES: Pocatello Neighborhood Services (PNHS), represented by the City of Pocatello, requests to subdivide property along the 1500 block of North Hayes into three (3) residential lots dedicated to the City of Pocatello. At their meeting of March 13, 2013 the Planning and Zoning Commission recommended approval of the request. (Pertinent information attached.) AGENDA ITEM NO. 8: IDAHO COMMUNITY FOUNDATION GRANT-ZOO INTERPRETIVE SIGNS: Council may wish to approve submission of an Idaho Community Foundation grant in the amount of $4,182.00 and, if awarded, authorize the Mayor to sign, subject to Legal Department review, documents related to the grant. Funds from the grant will be used to replace animal exhibit interpretive signs at the Zoo. No matching funds are required. (Pertinent information attached.) AGENDA ITEM NO. 9: APPLICATION-IDAHO ADA PEDESTRIAN CURB RAMP PROGRAM FUNDING: Council may wish to approve submission of an application, subject to Legal Department review, for REGULAR CITY COUNCIL MEETING 4 APRIL 18, 2013 state-administered funds in an amount up to $60,000.00 for replacement of pedestrian curb ramps along state routes in Pocatello. If the application is successful, Council may wish to authorize the Mayor to sign documents related to the project. Construction of the ramps should take place during the summer of 2014 and there is no local match. (Pertinent information attached.) AGENDA ITEM NO. 10: DECLARATION OF SURPLUS PROPERTY-CITY AUCTION: Council may wish to declare items identified as surplus property to be sold at the City’s Annual Auction on May 11, 2013. City departments submitted lists of items that they considered surplus and these were reviewed by other departments. The items to be considered as surplus are not needed by any other department within in the City. (Pertinent information attached.) AGENDA ITEM NO. 11: PIGGY-BACK EQUIPMENT BID-SANITATION: Council may wish to consider piggy- backing the equipment bid received by the City of Chubbuck for the purchase of two (2) 2014 Peterbilt 320 cab/chassis with Heil packer bodies for the Sanitation Department. The equipment will not be delivered until October 2014 and the department has two (2) trucks scheduled for replacement in the Fiscal Year 2014 budget. The Peterbilt dealer has offered a trade value of $43,000.00 for the trucks being replaced. The final cost to the City will be $483,074.00. (Pertinent information attached.) REGULAR CITY COUNCIL MEETING 5 APRIL 18, 2013 AGENDA ITEM NO. 12: BUS TRANSFER FROM TRPTA/IDAHO FALLS TO POCATELLO REGIONAL TRANSIT: Council may wish to approve the transfer of two (2) new Type II Cutaway buses from Targhee Regional Public Transportation Authority (TRPTA) in Idaho Falls to Pocatello Regional Transit (PRT). The buses were purchased last year for $70,201.00 each, ($140,402.00 total) and never placed in service. Upon FTA approval, the federal share will transfer and PRT’s match will be 17% or $23,868.00. Matching funds are available in the PRT budget for 2013. The buses will replace vehicles that are well beyond their useful life and scheduled for immediate replacement. (Pertinent information attached.) AGENDA ITEM NO. 13: BID/CONTRACT-WPC DIGESTER IMPROVEMENTS PROJECT: Council may wish to consider the recommendations of staff regarding the Water Pollution Control (WPC) Digester improvement project: a) Accept the lowest responsive bid received on April 2, 2013 from Starr Corporation, in the amount of $1,569,000.00 and, if this bid is accepted; b) Authorize the execution of a contract between the City and Starr Corporation, in the amount of $1,569,000.00 for the WPC Digester Improvement project, subject to Legal Department review. Funds for this project are available in WPC Department’s budget. (Pertinent information attached.) REGULAR CITY COUNCIL MEETING 6 APRIL 18, 2013 AGENDA ITEM NO. 14: FACILITY PLAN UPDATE AGREEMENT-WPC: Council may wish to approve an agreement with HDR Engineering, Inc., subject to Legal Department review, for development of a Facility Plan Update for the City of Pocatello Water Pollution Control Facility (WPC). The cost of the update is $364,638.00 and is within WPC’s budgeted amount for this project. (Pertinent information attached.) AGENDA ITEM NO. 15: IDAHO TRANSPORTATION DEPARTMENT ALIVE AT 25 MOU-POLICE: Council may wish to approve an agreement with Idaho Transportation Department (ITD) to have Pocatello Police officers teach Alive at 25 curriculum which is sponsored by ITD. Alive at 25 is a driver awareness program aimed at reducing fatal and serious injury in young drivers. The Police Department will provide instructors to present the curriculum on an overtime status and ITD will reimburse the City for the overtime expense. (Pertinent information attached.) AGENDA ITEM NO. 16: RESOLUTION-CREATING AN ISLAMIC SECTION IN RESTLAWN CEMETERY: Council may wish to adopt a Resolution creating an Islamic section in Restlawn Cemetery. The resolution specifically prohibits City staff from requesting or requiring proof of religious affiliation as a prerequisite for purchase of and/or burial in any burial space in Restlawn Cemetery or any other City-owned cemetery. REGULAR CITY COUNCIL MEETING 7 APRIL 18, 2013 (Pertinent information attached.) AGENDA ITEM NO. 17: 2013 CONCESSIONAIRE AGREEMENTS FOR CITY OUTDOOR RECREATION FACILITIES: Council may wish to consider the following Concessionaire Use Agreements, subject to Legal Department review, at two (2) of the City’s recreation facilities for the 2013 season: a) OK WARD PARK-Scott Porter to operate the concession stand at OK Ward Park; and b) WATKINS PARK SOFTBALL COMPLEX-Fore Golf to operate the concession stand at the Watkins Park Softball Complex in NOP Park. (Pertinent information attached.) AGENDA ITEM NO. 18: USE AGREEMENT-ROCKY MOUNTAIN SCHOOL OF BASEBALL: Council may wish to consider a Use Agreement, subject to Legal Department review, with Dennis Udy, dba Rocky Mountain School of Baseball (RMSB) for use of the City’s baseball fields for their youth baseball tournament on May 10 and 11, 2013. RMSB will be required to pay the applicable rental fees and provide liability insurance, naming the City as an additional insured. In addition, they will be responsible for 1) field maintenance; 2) any damages; and 3) any additional costs incurred by the City as a result of their use. This agreement is similar to previous agreements with RMSB. (Pertinent information attached.) REGULAR CITY COUNCIL MEETING 8 APRIL 18, 2013 AGENDA ITEM NO. 19: USE AGREEMENT-POCATELLO 50 TRAIL RACE: Council may wish to consider a Use Agreement, subject to Legal Department review, with Luke Nelson, dba Poctello 50 Trail Race for use of a portion of the City Creek Management Area for the event. This endurance race will be on June 1, 2013 with course set-up on May 31st and clean-up on June 2nd. The fee will be $100.00 and Mr. Nelson will be required to: 1) provide liability insurance, naming the City as an additional insured; 2) responsible for set-up and cleaning the area after the event; 3) any damages; and 4) additional costs incurred by the City as a result of the event. This agreement is similar to previous agreements for this event, formerly called the Pocatello 50 Mile Endurance Race. (Pertinent information attached.) PUBLIC HEARINGS: The procedure that will be used for conducting the public hearings is at the end of the agenda. AGENDA ITEM NO. 20: PUBLIC HEARING CONTINUATION FOR NON- DISCRIMINATION ORDINANCE: This time has been set aside to continue the public hearing which began April 4, 2013 and allow the Council to receive comments from the public only on modifications to a proposed Non-Discrimination Ordinance. An ordinance has been prepared for consideration under Agenda Item No. 21. (Pertinent information attached.) AGENDA ITEM NO. 21: ORDINANCES: The Council has the following options for reading ordinances. If the Council makes no motion, the ordinance will be read by title on two occasions and at length on the third occasion and placed on final passage for publication. REGULAR CITY COUNCIL MEETING 9 APRIL 18, 2013 EXAMPLE MOTIONS: FOR THREE SEPARATE READINGS: "I move the ordinance, Agenda Item # , be read only by title on three separate occasions and placed on final passage and ordered for publication, and that only the ordinance summary sheet be submitted for publication." FOR ONE READING UNDER RULES SUSPENSION: "I move the ordinance, Agenda Item # , be read only by title and placed on final passage for publication, and that only the ordinance summary sheet be submitted for publication." Before the ordinance can be read under Option 1 or 2, the Council, by a vote of one-half plus one (4) of the full Council, must vote to direct how the ordinance is to be read. An ordinance ready for reading. 21. An ordinance enacting a new section to Pocatello Municipal Code Title 9 Chapter 36, to prohibit discriminatory acts in housing, employment and public accommodations upon sexual orientation and gender identity/expression. (Prepared for reading under rules of suspension.) PUBLIC HEARING PROCEDURE 1. Explanation of hearing procedures by Mayor or staff. • Ten (10) minute time limit on applicant presentation. • Three (3) minute time limit on public testimony. • Names and addresses are required from those presenting/testifying. • Questions/comments should be addressed to the Mayor and Council. • Council members must make their decision regarding the application on facts already in the record and information presented at the public hearing. • Protocol requires that Council and audience be recognized by the Mayor prior to speaking. REGULAR CITY COUNCIL MEETING 10 APRIL 18, 2013 2. Mayor opens hearing. 3. Presentation by applicant. Note: Remember, applicant bears the responsibility for making his/her case. This is also the time for Council members to ask their questions of the applicant. 4. Presentation by staff. 5. Written correspondence submitted for the record. 6. Testimony by those supporting the application. 7. Testimony by those uncommitted on the application. 8. Testimony by opponents to the application. 9. Rebuttal by the applicant. 10. Mayor closes the hearing and initiates motion/deliberations. Note: The Mayor may choose to require a motion prior to the discussion in order to focus deliberations, or, the Mayor may choose to allow deliberations prior to the motion in order to facilitate wording of the motion. 11. Develop a written and reasoned statement supporting the decision.

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