City Council
Regular MeetingPocatello, ID · April 18, 2013
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.
Get email alerts for Pocatello
A daily email when new agendas and minutes are posted.