City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING JUNE 6, 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, Craig Cooper, Jim Johnston, Gary Moore and Eva Johnson Nye. Council member Steve Brown 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 6:09 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 6:31 p.m. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was given by Minister INVOCATION Jean Haugen of Praise Temple of God 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 April 18, May 2 and May 16, 2013 Clarification and Regular Council meetings; and May 2, 2013 Budget Development meeting. -PAYROLL AND (b) Payroll and material claims for the month of MATERIAL CLAIMS May 2013 in the amount of $5,817,357.46. -FORT HALL (c) Confirm the Mayor’s appointment of Thomas REPLICA COMMISSION Hamilton to serve as a member of the Fort APPOINTMENT Hall Replica Commission, filling a long-term vacancy. Mr. Hamilton’s term will begin June 7, 2013 and will expire June 7, 2017. -FRIENDS OF THE (d) Confirm the Mayor’s reappointment of Harlow CEMTERY COMMITTEE Andersen to continue his service as a member REAPPOINTMENT of the Friends of the Cemetery Committee. Mr. Andersen’s term will begin June 4, 2013 and will expire June 4, 2015. REGULAR CITY COUNCIL MEETING 2 JUNE 6, 2013 -ANIMAL SHELTER (e) Confirm the Mayor’s appointment of Mary ADVISORY BOARD Johnson to serve as a member of the Animal APPOINTMENT Shelter Advisory Board, replacing Beth Cronin who resigned. Ms. Johnson’s term will begin June 7, 2013 and will expire February 8, 2014. -PARKS AND (f) Confirm the Mayor’s appointment of Darin RECREATION ADVISORY Black to serve as a member of the Parks and BOARD APPOINTMENT Recreation Advisory Board, replacing Gene Wiggers whose term expired. Mr. Black’s term will begin June 7, 2013 and will expire June 7, 2015. -PARKS AND (g) Confirm the Mayor’s appointment of Jack RECREATION ADVISORY Mooney to serve as the Pocatello Zoo Society BOARD APPOINTMENT Board representative on the Parks and –ZOO SOCIETY Recreation Advisory Board, replacing Alan REPRESENTATIVE Egger whose term expired. Dr. Mooney’s term will begin June 6, 2013 and will expire June 6, 2015. -PARKS AND (h) Confirm the Mayor’s reappointment of Judy RECREATION ADVISORY Taylor to continue her service as a member BOARD REAPPOINTMENT of the Parks and Recreation Advisory Board, -FORT HALL REPLICA representing the Fort Hall Replica COMMISSION Commission. Ms. Taylor’s term will begin REPRESENTATIVE June 8, 2013 and will expire June 8, 2015. -WARRANTEE DEED/ (i) Council was asked to authorize the execution USE AGREEMENT WITH of a Use Agreement with Bannock County. BANNOCK COUNTY Bannock County conveyed property to the City –PARKING ACCESS reserving certain possessory and use rights FOR ANIMAL SHELTER which include the City’s obligation to construct and maintain a public access parking lot for the use of the City’s Animal Shelter and the Bannock County Historical Museum. This agreement may be terminated upon either party giving no less than six (6) months’ written notice. -COUNCIL (j) Adopt the Council’s decision to approve the DECISION-INGRESS/ request to relocate the ingress/egress EGRESS RELOCATION location on Poleline Road in the Pocatello IN POCATELLO SQUARE Square Development. A motion was made by Mr. Moore, seconded by Mr. Johnston, to approve the items on the consent agenda. Upon roll call, those voting in favor were Moore, Johnston, Bray, Cooper and Nye. AGENDA ITEM NO. 4: Mayor Blad welcomed boy scouts from Troop REGULAR CITY COUNCIL MEETING 3 JUNE 6, 2013 COMMUNICATIONS AND No. 315 and No. 328. PROCLAMATIONS Mrs. Nye, on behalf of Mayor Blad, proclaimed June 2013 to be Adopt a Shelter Cat Month in Pocatello and encouraged citizens to visit the local animal shelter. Mayor Blad presented the proclamation to Kelly Thompson, a representative from the Animal Shelter Advisory Board. Ms. Thompson thanked residents of Pocatello for voting for the Animal Shelter bond and for their support of adoption events. AGENDA ITEM NO. 5:Mayor Blad reminded the Council of the June CALENDAR REVIEW 13th Study Session at 9:00 a.m. followed by a Budget meeting immediately followed by an Executive Session and the June 20th Regular City Council meeting at 6:00 p.m. Mayor Blad announced that the Pocatello Arts Council Literary Pavers dedication ceremony would be held on June 7th at 6:00 p.m. at Leadership Park, 250 North Main Street; the Parks and Recreation Heart and Sole Fun Run would be held on June 8th; a Free Video Game Trivia Contest for adults sponsored by Marshall Public Library would be held on June 8th at 2:30 p.m. at the CoHo Coffee Shop; the Idaho State High School Rodeo Finals at Bannock County fairgrounds will take place June 8 through 15; a Comprehensive Plan Open House will be held on June 12th from 3:00 p.m. to 6:00 p.m. in the City Council Chambers; and Father’s Day at the Zoo will be held on June 16th. All fathers will receive a 50% discount off their admission when accompanied by a paid child. AGENDA ITEM NO. 6: Mike Riley, 930 Delano, shared his recent DISCUSSION ITEMS experience with the Pocatello Fire FROM THE AUDIENCE Department and EMT crews during a medical emergency. He expressed his appreciation for their care and accommodating manner towards him and his service dog. Mr. Riley turned his remaining speaking time over to a member of the Fire Department. Dave Gates, Fire Chief, thanked Mr. Riley for the recognition. Ralph Baker, 755 North Arthur Avenue, shared an experience while interacting with another citizen and spoke of tolerance and freedom of speech. Niki Taysom, 4604 Burley Drive, Chubbuck, shared her feelings regarding the first amendment, early settlers and military members. Council member Steve Brown arrived at this time. REGULAR CITY COUNCIL MEETING 4 JUNE 6, 2013 Billie Johnson, 151 South 16th Place, feels that diversity helps a community to grow. She feels the atmosphere at Idaho State University is welcoming and inclusive. Mayor Blad called upon Sharon Stephens, who signed up to speak, but Ms. Stephens did not wish to speak at this time. Idaho Lorax, Pocatello citizen, thanked Council member Moore for help in locating requested information. He shared his concerns regarding possible radioactive materials in the community. AGENDA ITEM NO. 7: This time was set aside for the Council to PUBLIC HEARING receive comments from the public regarding a -ANNEXATION NEAR THE request by Paul and Samantha Williams NORTH SIDE OF (mailing address: 2424 Hiskey Street, RIDGEWOOD ROAD Pocatello ID 83201) to annex and zone an approximately 5.03 acre area of land. The subject property is located on the north side of Ridgewood Road adjacent to the west boundary of Summit Hills Subdivision. The property is requested for Residential Estate Density zoning. Mayor Blad opened the public hearing. Paul Williams gave an overview of the proposed annexation. He explained the parcel of land located in the county was purchased with the intent to build one home on the property. Mr. Williams stated according to Bannock County building regulations, any property adjacent to city property must apply for annexation into the city limits of Pocatello. He explained he appeared before the Planning and Zoning Commission, which denied his annexation application. Mr. Williams added that due to topography of the land, annexation and subsequent requirements regarding installation of City services would be cost prohibitive. He stated a temporary county building permit has been issued. Dave Foster, Associate Planner, stated the request for annexation is a requirement of Bannock County’s building permit process and staff recommended denial of the request. He announced one phone call was received requesting information regarding the proposal. Dave Coffin, 9705 Kay Lane, spoke in opposition to the proposed annexation. He feels the required upgrades and infrastructure development would be cost prohibitive for a single homeowner. There being no further public comments, Mayor Blad closed the public hearing. A motion was made by Mr. Moore, seconded by Mr. Bray, to deny the request by Paul and Samantha Williams to annex and zone an approximately 5.03 acre area of land located on the north side of Ridgewood Road adjacent to the west boundary of Summit Hills REGULAR CITY COUNCIL MEETING 5 JUNE 6, 2013 Subdivision and that the decision be set out in the appropriate Council Decision format. Upon roll call, those voting in favor were Moore, Bray, Brown, Cooper, Johnston and Nye. AGENDA ITEM NO. 8: Council was asked to consider a request by CDBG LOAN Kari and Samuel Peterson (mailing address: FORGIVENESS REQUEST 1562 South 2nd Avenue, Pocatello ID 83204) -PETERSON for partial forgiveness of the $15,000.00 loan the City made originally using Community Development Block Grant (CDBG) funding for cost of lot acquisition for an in-fill home loan. The Petersons are requesting forgiveness in the amount of $4,379.00. The City’s Credit Committee recommends approval of the request. Mr. Johnston announced he would recuse himself from voting on agenda item No. 8 because he was the realtor for the property. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve a request by Kari and Samuel Peterson for partial forgiveness of the $15,000.00 loan the City made originally using Community Development Block Grant (CDBG) funding for cost of lot forgiveness in the amount of $4,379.00 and that the decision be set out in proper Council Decision format. Upon roll call, those voting in favor were Moore, Nye, Bray, Brown and Cooper. AGENDA ITEM NO. 9: Council was asked to grant an exception to EXCEPTION REQUEST City Code to allow Dani Bird, dba Bob’s –BOB’S POLAR Polar Express, LLC, to operate a mobile ice EXPRESS, LLC cream concession on City streets. Ms. Bird will be required to provide liability insurance, naming the City as an additional insured, meet Southeastern Idaho Public Health requirements and pay the applicable fee of $100.00 per month during the term of her operation. The City Council has approved a similar exception for a vendor permit for Bob’s Polar Express mobile concession for the past three years. City Council approval is required for this permit because concession operation on City streets is not specifically identified in City Code (5.06.020) as a public place where concessions are allowed. Mr. Johnston left the Council Chambers at 6:52 p.m. and returned at 6:54 p.m. A motion was made by Mr. Bray, seconded by Mr. Cooper, to grant an exception to City Code to allow Dani Bird, dba Bob’s Polar Express, LLC to operate a mobile ice cream concession on City streets with the following conditions: a) provide liability insurance naming the REGULAR CITY COUNCIL MEETING 6 JUNE 6, 2013 City as an additional insured; b) meet Southeastern Idaho Public Health requirements; and c) pay the applicable fee of $100.00 per month during the term of her operation. Upon roll call, those voting in favor were Bray, Cooper, Brown, Moore and Nye. AGENDA ITEM NO. 10: Council was asked to grant an exception to EXCEPTION REQUEST City Code to allow Steve Morton, dba –COWABUNGA Cowabunga Ice Cream to operate a mobile ice ICE CREAM cream concession on City streets. Mr. Morton will be required to provide liability insurance, naming the City as an additional insured, meet Southeastern Idaho Public Health requirements and pay the applicable fee of $100.00 per month during the term of his operation. The City Council has approved a similar exception for a vendor permit for Cowabunga Ice Cream mobile concession for the past three years. City Council approval is required for this permit because concession operation on City streets is not specifically identified in City Code (5.06.020) as a public place where concessions are allowed. A motion was made by Mr. Moore, seconded by Mrs. Nye, to grant an exception to City Code to allow Steve Morton, dba Cowabunga Ice Cream to operate a mobile ice cream concession on City Streets with the following conditions: a) provide liability insurance, naming the City as an additional insured; b) meet Southeastern Idaho Public Health requirements; and c) pay the applicable fee of $100.00 per month during the term of his operation. Upon roll call, those voting in favor were Moore, Nye, Bray, Brown, Cooper and Johnston. AGENDA ITEM NO. 11: Council was asked to consider the RATIFICATION ratification of six (6) concession vendor -CONCESSIONS VENDOR permits for the television show “The Great PERMITS FOR Food Truck Race” held in Pocatello on May 25 “THE GREAT FOOD and 26, 2013. By City Ordinance, the TRUCK RACE” Council may grant an exception for vendors if the sales are going to be on City streets; in City parks; or publically owned property not listed in the ordinance. The City was not aware that Pocatello was selected as a site for filming this Food Network television program until after the May 16, 2013 City Council meeting. Since the issuance of permits is required to allow concession sales as part of the filming, permits were issued by staff after all required conditions of each permit application were met. REGULAR CITY COUNCIL MEETING 7 JUNE 6, 2013 A motion was made by Mr. Johnston, seconded by Mrs. Nye, to ratify six (6) concession vendor permits for the television show “The Great Food Truck Race” held in Pocatello on May 25 and 26, 2013. Upon roll call, those voting in favor were Johnston, Nye, Bray, Brown, Cooper and Moore. AGENDA ITEM NO. 12: Council was asked to consider a request from “COUNCIL SELECT” Pocatello Women’s Cycling, represented by FUNDING REQUEST DaNae Young (mailing address: 3758 Dove -SPINDERELLA EVENT Drive, Pocatello ID 83202) that “Council Select” funds in the amount of $900.00 be used to assist with pool entry fees to the Ross Park Aquatic Complex in connection with a fundraising event on June 15, 2013. Funds raised from the event will be donated to the Family Services Alliance of Southeast Idaho and Portneuf Patient Cancer Assistance Fund. (As of May 31, 2013 $3,250.00 remained in the “Council Select” line item.) Angela Larsen, Spinderella representative, announced the all- women’s cycling event would be holding its second annual race, with proceeds to be donated to local charitable organizations. She stated the event has doubled in size compared to the event held in 2012, with over 700 riders entered in the 2013 race. Mayor Blad announced the event offered participants the opportunity to compete in a 5-mile, 10-mile, 22-mile, 50-mile or 100-mile race. A motion was made by Mr. Johnston, seconded by Mr. Moore, to approve the request to use “Council Select” funds in the amount of $250.00 to assist with pool entry fees to the Ross Park Aquatic Complex in connection with a fundraising event to be held June 15, 2013. Upon roll call, those voting in favor were Johnston, Moore, Bray, Brown, Cooper and Nye. AGENDA ITEM NO. 13: Council was asked to consider a request by “COUNCIL SELECT” The Cooperative Wilderness Handicapped FUNDING REQUEST Outdoor Group (CW HOG), represented by Bob -CW HOG Ellis (mailing address 921 South 8th Avenue, MS 8128, Pocatello, ID 83209-8128) for “Council Select” funds in the amount of $250.00 be used to help pay for the rental and moving of picnic tables for the 32nd Annual CW HOG “Pig-Out” Event planned for September 14, 2013. (As of May 31, 2013 $3,250.00 remained in the “Council Select” line item.) A motion was made by Mr. Moore, seconded by Mr. Bray, to approve a request by The Cooperative Wilderness Handicapped Outdoor Group (CW HOG), for “Council Select” funds in the amount of $250.00 to be used to help pay for the rental and moving of picnic tables for the 32nd Annual CW HOG “Pig-Out” Event planned for September 14, 2013. REGULAR CITY COUNCIL MEETING 8 JUNE 6, 2013 Upon roll call, those voting in favor were Moore, Bray, Brown, Cooper, Johnston and Nye. AGENDA ITEM NO. 14: Council was asked to consider a request by “COUNCIL SELECT” Relay for Life, represented by Michelle FUNDING REQUEST Young (mailing address: 385 Washington –RELAY FOR LIFE Avenue, Pocatello ID 83201), that “Council Select” funds in the amount of $300.00 be used for sanitation costs in connection to a fundraising event for American Cancer Society on July 12 and 13, 2013 at Century High School. Funds raised from the event will be donated to local cancer patients and treatment centers. (As of May 31, 2013 $3,250.00 remained in the “Council Select” line item.) A motion was made by Mr. Bray, seconded by Mr. Johnston, to approve a request by Relay for Life, that “Council Select” funds in the amount of $250.00 be used for sanitation costs in connection to a fundraising event for American Cancer Society on July 12 and 13, 2013 at Century High School. Upon roll call, those voting in favor were Bray, Johnston, Brown, Cooper, Moore and Nye. AGENDA ITEM NO. 15: Council was asked to consider a request by “COUNCIL SELECT” Portneuf Greenway Foundation, represented by FUNDING REQUEST Tamara Code (mailing address: 902 East -PORTNEUF GREENWAY Sherman, Pocatello ID 83201) that “Council FOUNDATION Select” funds in the amount of $250.00 be used for sanitation costs in connection to a fundraising event at Raymond Park on August 17, 2013. Funds raised from the event will be used toward building trails in the community. (As of May 31, 2013 $3,250.00 remained in the “Council Select” line item.) A motion was made by Mrs. Nye, seconded by Mr. Bray, to approve the request to use “Council Select” funds in the amount of $250.00 for sanitation costs in connection to a fundraising event at Raymond Park on August 17, 2013. Upon roll call, those voting in favor were Nye, Bray, Brown, Cooper, Johnston and Moore. AGENDA ITEM NO. 16: Council was asked to approve a request from RESTRICTED PARK Portneuf Greenway Foundation, represented by HOURS EXCEPTION Tamara Code (mailing address: 902 East REQUEST-PORTNEUF Sherman, Pocatello ID 83201) for an GREENWAY FOUNDATION exception to City Code 12.36.020 for their annual Riverfest event on August 17, 2013 at Raymond Park. The Foundation seeks permission to allow a live band to perform until 10:00 p.m. and then allow staff to remain in the park until 11:00 p.m. for cleanup. City Ordinance 12.36.020 states that City parks close one-half hour after sunset, which on August 17th is estimated to be 8:38 p.m. REGULAR CITY COUNCIL MEETING 9 JUNE 6, 2013 A motion was made by Mrs. Nye, seconded by Mr. Bray, to approve a request from Portneuf Greenway Foundation, for an exception to City Code 12.36.020 for their annual Riverfest event on August 17, 2013 at Raymond Park to allow a live band to perform until 10:00 p.m. and then allow staff to remain in the park until 11:00 p.m. for cleanup. Upon roll call, those voting in favor were Nye, Bray, Brown, Cooper, Johnston and Moore. AGENDA ITEM NO. 17: Council was asked to consider an agreement WATER MONITORING between the City of Pocatello and Idaho AGREEMENT-IDWR Department of Water Resources (IDWR), subject to Legal Department review, for IDWR to provide installation and maintenance of water monitoring equipment in Pocatello Creek on City property adjacent to the Pocatello Creek Fire Station. A motion was made by Mr. Johnston, seconded by Mr. Bray, to approve an agreement with Idaho Department of Water Resources (IDWR), subject to Legal Department review, to provide installation and maintenance of water monitoring equipment in Pocatello Creek on City property adjacent to the Pocatello Creek Fire Station. Upon roll call, those voting in favor were Johnston, Bray, Brown, Cooper, Moore and Nye. AGENDA ITEM NO. 18: Council was asked to approve and authorize PROCUREMENT the Mayor to sign, a Procurement Agreement AGREEMENT-AIRPORT between the City and Wasau Equipment SNOW SWEEPER Company, Inc. for the purchase of a snow sweeper with carrier vehicle for the Airport. The purchase price will be $463,563.00 and will be purchased using a grant from the FAA with a 6.25% match from airport passenger facility charges. Mayor Blad clarified that the current snow sweeper had been deemed unusable by the FAA. A motion was made by Mr. Johnston, seconded by Mr. Bray, to approve and authorize the Mayor to sign, a Procurement Agreement with Wasau Equipment Company, Inc. for the purchase of a snow sweeper with carrier vehicle for the Airport and that the purchase price will be $463,563.00. Upon roll call, those voting in favor were Johnston, Bray, Brown, Cooper, Moore and Nye. AGENDA ITEM NO. 19: Council was asked to authorize execution of PROFESSIONAL an agreement between Six Mile Engineering SERVICES AGREEMENT and the City of Pocatello for the -ALAMEDA ROAD AND intersection of Alameda Road and Jefferson JEFFERSON AVENUE Avenue. Under this agreement, Six Mile Engineering will provide engineering REGULAR CITY COUNCIL MEETING 10 JUNE 6, 2013 services including roadway and traffic signal design, environmental evaluation, materials reports, surveying, right-of-way acquisition and relocation services, hydraulic analysis, and related work required to complete this complex federal aid project. The cost of the work is $907,019.00 of which the City’s share is approximately $67,000.00 Deirdre Castillo, City Engineer, in response to a question from Council, stated funds for the project could be used for many aspects of the project, with the exception of the concept report, which was previously completed. She added the proposed contract covers several aspects of engineering work, including right-of-way acquisition. Ms. Castillo explained that the public will have the opportunity to give input on the project design. She added that School District #25 officials were included during the concept design phase and are supportive of the alignment plan. A motion was made by Mr. Johnston, seconded by Mr. Moore, to authorize execution of an agreement with Six Mile Engineering for the intersection of Alameda Road and Jefferson Avenue, subject to Legal Department review, to provide engineering services including roadway and traffic signal design, environmental evaluation, materials reports, surveying, right-of-way acquisition and relocation services, hydraulic analysis, and related work required to complete the complex federal aid project and that the cost of the work is $907,019.00 of which the City’s share will be approximately $67,000.00. Upon roll call, those voting in favor were Johnston, Moore, Bray, Brown and Nye. Mr. Cooper voted in opposition to the motion. The motion passed. AGENDA ITEM NO. 20: Council was asked to authorize the Mayor to USE AGREEMENT WITH sign, subject to Legal Department review, a LeGRAND JOHNSON Use Agreement between LeGrand Johnson CONSTRUCTION CO. Construction Company and the City of -SOUTH VALLEY Pocatello. The agreement defines the use of ROAD PROJECT City-owned property located near the AMI- Kirkham trailhead as a material stockpile site as part of the South Valley Road project. A motion was made by Mr. Bray, seconded by Mr. Brown, to authorize the Mayor to sign, subject to Legal Department review, a Use Agreement with LeGrand Johnson Construction Company for use of City-owned property located near the AMI-Kirkham trailhead as a material stockpile site as part of the South Valley Road project. Upon roll call, those voting in favor were Bray, Brown, Cooper, Johnston, Moore and Nye. Mayor Blad called a recess at 7:11 p.m. REGULAR CITY COUNCIL MEETING 11 JUNE 6, 2013 Mayor Blad reconvened the meeting at 7:22 p.m. AGENDA ITEM NO. 21: This time was set aside for the Council to PUBLIC HEARING receive comments from the public regarding a –ORDINANCE proposed ordinance enacting a new section to PROHIBITING the Pocatello Municipal Code, Title 9 DISCRIMINATORY Chapter 36, to prohibit discriminatory acts ACTS in housing, employment and public accommodations upon sexual orientation and gender identity/expression. Mayor Blad opened the public hearing. Mayor Blad reminded those in attendance of the Public Hearing process. He added that respect from all individuals would be expected and behavior otherwise would result in removal from the meeting. Kirk Bybee, City Attorney, gave an overview of the proposed changes to the ordinance. He outlined the following changes to the proposed ordinance: 1) section 9.36.030: Prohibited Discriminatory Acts—addition of the words “willfully committed”; 2) section 9.36.040 A: Exceptions—addition of the phrase “This ordinance shall be interpreted and enforced in accordance with the Idaho Free Exercise of Religion Act, Idaho Code §73-701 et seq.”; 3) section 9.36.040 B: Exceptions—addition of exception No. 3 “Notwithstanding any other provision contained in this Ordinance, the gender identity contained on any person’s State issued driver’s license or identification card shall determine the bathroom, locker room or like facilities that are to be used by such a person. This Ordinance shall not be interpreted to require any person to provide bathroom, locker room, or like facilities that are not segregated by gender.”; and 4) section 9.36.040 C: Exceptions—addition of exception No. 4 “ To a person, wherever situated, who employs fewer than five (5) employees for each working day in thirty two (32) or more calendar weeks in the previous twelve (12) month, whose services are to be partially or wholly performed in the City of Pocatello, and further excepting therefrom domestic servants hired to work in and about a person’s household.” In response to a question from Council, Mr. Bybee stated the Supreme Court had not issued an opinion regarding non- discrimination in matters of sexual orientation and gender identity. He added that until the State of Idaho adopts appropriate legislation, a local ordinance may address the issue. In response to a question from Council, Mr. Bybee stated existing laws are in place to protect citizens concerning restroom usage including laws regarding lewd conduct, indecent exposure or disorderly conduct. REGULAR CITY COUNCIL MEETING 12 JUNE 6, 2013 Ruth Whitworth, City Clerk, announced written comments were received and distributed to Council members. Joan Downing, 960 Wayne, shared her experiences regarding discrimination during her life. She feels a non-discrimination law is necessary to ensure an individual’s rights. Mike Riley, 930 Delano, spoke in support of the proposed ordinance. David Milfeth, 1037 South 4th Avenue, spoke in support of the proposed ordinance and feels it is possible for people to be different and still respectful of each other. Elliot Redven, 3818 West Alameda Road, stated he is a transgender individual and is in support of the proposed ordinance. He feels a transgender individual should use restroom facilities most suited to their identity. Christine Kirsh, 541 South Canvasback, Meridian, is a licensed counselor who offers support and education to transgender clients throughout Idaho and is in support of the proposed ordinance. She feels uncomfortable with the section relating to bathroom identification. Lynn Leonard, 442 South 6th Avenue, supports a non-discrimination ordinance and feels the first draft of the ordinance would be best. She stated she does not support the amendments relating to restrooms and the small business exemption. Ms. Leonard stated according to the Pocatello Chamber of Commerce, up to 40 percent of businesses in the Pocatello/Chubbuck area would fall under the exemption relating to businesses of five (5) employees or fewer. She feels that exemption is not necessary and would allow discrimination to continue. Emily Jackson, 6007 Hazelbrook Lane, Garden City, spoke in favor of the proposed ordinance. She is a transgender individual and feels the amendment regarding bathroom identification is unnecessary and an invasion of privacy. Carl Levinson, 555 South 7th Avenue, spoke in favor of a non- discrimination ordinance and feels the originally proposed version of the ordinance was sufficient. He feels citizens deserve fair treatment concerning employment and housing. Mr. Levinson feels the amendment regarding bathroom identification is unnecessary. Jan Neisch, 1624 North Arthur, spoke in favor of the proposed ordinance and believes the changes to the ordinance have improved it. She feels the small business exemption is not necessary and the amendment regarding identification for bathroom use is degrading and both changes should be removed. REGULAR CITY COUNCIL MEETING 13 JUNE 6, 2013 Nancy Grecco, 442 South Garfield, read a written statement written by Billie Johnson, 151 South 19th Place. The statement Ms. Grecco read stated Ms. Johnson’s support for the original non- discrimination ordinance. Ms. Johnson feels the statement regarding Freedom of Religion Act is unnecessary. David Conneff, 170 South 16th Place, spoke in favor of a non- discrimination ordinance. He stated he is not in favor of the small business exemption, as it would allow discrimination to take place. Mr. Conneff feels the amendment regarding bathroom identification should be omitted from the ordinance. Shelby Hannah, 1218 East Center Street, is in favor of a non- discrimination ordinance but feels the bathroom identification portion of the proposed ordinance should be stricken. Muriel Roberts 545 South 19th Avenue, spoke in favor of a non- discrimination ordinance, but has several objections to the proposed draft. She feels sad that the issue has divided the community. Ms. Roberts feels the proposed amendments allow discrimination to continue. Mary Anne McGrory, 260 Noah, Chubbuck, is in favor of a non- discrimination ordinance and feels the originally prepared ordinance was sufficient. She is the mother of a transgender individual and wants her child to be treated as a valued member of the community. Ms. McGrory is not in favor of the small business exemption or the amendment relating to identification and bathrooms. Sierra Goranson, 2283 State Street, Idaho Falls, is in favor of a non-discrimination ordinance, but feels the proposed revisions relating to bathroom identification and small business exemptions are not necessary and could lead to problems. Monica Hopkins, Executive Director of the Idaho ACLU, spoke in favor of a non-discrimination ordinance. She feels the bathroom provision should be removed, as it could lead to additional discrimination issues. Steven Weeg, 442 South Garfield, spoke in favor of a non- discrimination ordinance. He feels the original draft of the ordinance was acceptable and that the addition of the small business exemption would allow discrimination to continue. Steve Lawyer, 1830 Azalea Lane, spoke in support of a non- discrimination ordinance. He feels the originally proposed ordinance adequately covered the issue. Mr. Lawyer feels the references to the Idaho Code should be eliminated, as it could REGULAR CITY COUNCIL MEETING 14 JUNE 6, 2013 cloud the issue and the exemptions regarding small business and bathroom identification should also be eliminated. Denise Bowen, 6929 Running Iron Lane, spoke in favor of a non- discrimination ordinance. She urged the Council to be fair and pass a fair ordinance. Gloria Mayer, 2640 Via Valdarno, spoke in favor of a non- discrimination ordinance. She feels that laws protect individuals based on their religion or disabilities and should also protect individuals regarding their sexual orientation. Suzi Matsuura, 754 South 19th Avenue, spoke in favor of a non- discrimination ordinance. She serves on the Human Relations Advisory Committee and emphasized that 21 states prohibit discrimination based upon sexual orientation statewide as do 88% of Fortune 500 companies. Ms. Matsuura believes if individuals have the ability to end discrimination, they are obligated to do so. Jennifer Seaich, 920 East Lovejoy Street, spoke in favor of a non- discrimination ordinance. She shared a memory from her childhood relating to racial discrimination by her grandmother. Ms. Seaich feels it is important to end discrimination. Tracy Hitter, 302 South 8th Avenue, spoke in favor of a non- discrimination ordinance. She currently lives in Pocatello but will be moving to New Mexico where a statewide non-discrimination law is already in place. Ms. Hitter supports the original ordinance. Jennifer Miesch, 354 South 7th Avenue, spoke in favor of a non- discrimination ordinance and believes all people are created equally and should be protected. She supports the originally proposed ordinance and feels the amended ordinance may open the door to more discrimination. Jamar Brown, 515 Berrett Avenue, spoke in support of a non- discrimination ordinance. She supports the original ordinance as it was presented in April. Ms. Brown feels the addition of the bathroom identification section is not respectful and targets members of the LGBT community. Cheri Atkins, 1600 Mountain Staff, spoke in support of a non- discrimination ordinance and feels the amendment regarding restrooms and identification could cause problems. She is a business owner and is opposed to the small business exemption. Steven Brown, 515 Berrett Avenue, spoke in support of a non- discrimination ordinance. He stated his grandmother taught him to dislike actions of a person, but not to hate an individual. Trent Clegg 327 West Halliday #2, spoke in support of a non- REGULAR CITY COUNCIL MEETING 15 JUNE 6, 2013 discrimination ordinance. He feels the portion regarding bathroom identification is unnecessary and should be removed. Larry Gebhart 1200 Aspen Drive, spoke in favor of a non- discrimination ordinance and feels the version proposed on April 4 was adequate. He feels a non-discrimination ordinance could make the community seem more inviting to visitors and residents. Paula Jones, 223 South Lincoln, spoke in favor of a non- discrimination ordinance. She shared her experience regarding discrimination and feels having a policy regarding discrimination allows for greater understanding and respect. Mary Eng, 1871 Anita Place, spoke in support of a non- discrimination ordinance and questioned possible scenarios regarding hiring procedures for small businesses that are exempt from the discrimination law. Gene Whitworth, 119 Ranch Drive, spoke in favor of a non- discrimination ordinance and shared his concerns regarding bathroom identification. He stated he is a grandfather and sometimes has to take his young granddaughter into a men’s restroom when at a public facility. Kaitlin Mandigo, 3818 West Alameda Road #17, spoke in favor of a non-discrimination ordinance. She is in a relationship with a transgender male and emphasized that the transgender process is a long and difficult development. Jessica Milford, 2100 South 2nd Avenue, Apartment 4-I, spoke in favor of a non-discrimination ordinance and fully supports the original ordinance as proposed to the Council on April 4. Ryan Heffner, 823 South 4th Avenue, spoke in favor of a non- discrimination ordinance. He serves as president of the Idaho State University LGBT Association and feels the original ordinance is best. Mr. Heffner feels all exemptions should be removed to ensure equal human rights for all citizens. Mayor Blad called a recess at 9:23 p.m. Mayor Blad reconvened the meeting at 9:40 p.m. Ralph Baker, 755 North Arthur Avenue, spoke uncommitted to the proposed ordinance. He feels more information should be gathered to ensure constitutional freedoms. Craig Pesti-Strobel, 441 South 11th Avenue, spoke uncommitted to the proposed ordinance. He feels the current exceptions should be removed to ensure equal rights for all citizens. Idaho Lorax, Pocatello citizen, spoke uncommitted to the proposed REGULAR CITY COUNCIL MEETING 16 JUNE 6, 2013 ordinance. He feels the ordinance should be put on a ballot for voters to decide. Britt Ripley, 527 South 10th Avenue, spoke uncommitted to the proposed ordinance. He feels a committee of community representatives could be appointed to address the issue and find an answer. Terry Anderson, 360 South 4th Avenue, spoke in opposition to the ordinance and related a situation regarding a transgender female exposing herself in a college dressing area. He feels each person could be discriminated against for a variety of reasons. Ben Baker, 1062 Camas Lane, spoke in opposition to the proposed ordinance and feels fair housing laws already exist to protect individuals on housing related issues. He feels that an individual who discriminates will continue to discriminate, regardless of the law. Louis Archuletta, 1965 Ardella Drive, spoke in opposition to the proposed ordinance and feels the original ordinance was sufficient. He feels that discrimination will continue until a law is enacted specifically against discrimination. Cindy Hammes, 5215 Daisy Lane, spoke in opposition to the proposed ordinance. She feels uncomfortable with the prospect of having to share a bathroom with a male. Ms. Hammes feels it is not right to put special rights of the minority above the comfort of the majority. She thanked the Council for working to pass a fair ordinance. Cara Jacks, 663 Franklin Avenue, spoke in opposition to the proposed ordinance. She feels that human rights are not special rights. Ms. Jacks feels the ordinance would not adequately protect transgender individuals. Heather Disselkoen, 635 Gary Street, spoke in opposition to the proposed ordinance. She thanked the Council for the effort to give the community ample time to discuss the issue and share opinions. Ms. Disselkoen feels it is a disservice to fail to discern between someone who is blatantly discriminating and someone who acts upon their faith-based convictions. Niki Taysom, 4604 Burley Drive, Chubbuck, spoke in opposition to the proposed ordinance. She feels individuals should be able to choose for themselves and not be forced to go against their beliefs. Chad Sellers, 2210 Diane Lane, spoke in opposition to the proposed ordinance. He feels this is a divisive issue and does not bring the community come together. REGULAR CITY COUNCIL MEETING 17 JUNE 6, 2013 Sue Ann Hodge, 4540 Flora Drive, spoke in opposition to the proposed ordinance. She owns several rentals and feels that there are already enough laws governing how she can run her business, and doesn’t want another law pertaining to housing. Dave Brown, 1564 Glen Drive, spoke in opposition to the proposed ordinance. He feels that common sense should dictate how individuals act, but that not everyone’s “common sense” is the same. Mr. Brown feels his wife and daughter should not have to be exposed to a male patron in a ladies dressing area. Gerry Crookston, 225 East Chubbuck Road, spoke in opposition to the proposed ordinance. She feels it is not acceptable to discriminate but feels there are enough existing laws regarding discrimination LaRae Oram, 36 Cedar Hills Drive, spoke in opposition to the proposed ordinance. She feels the ordinance will not serve anyone in a positive manner. Ms. Oram feels if an individual has a grievance, that it is their responsibility to bring it forward under the law. Larry Larsen, 870 Highland Boulevard, spoke in opposition to the proposed ordinance. Glen Alford, 1108 East Halliday, spoke in opposition to the proposed ordinance. He feels the originally proposed ordinance was adequate and feels the bathroom identification issue should be eliminated. Roseanna Anderson, 360 South 4th Avenue, spoke in opposition to the proposed ordinance. She feels the ordinance goes too far to dictate the rights of citizens. Ms. Anderson feels it is unfair to force females to share a sleeping room or restroom with a male. Jacob Baker, 5353 Diamond Circle, Chubbuck, spoke in opposition to the proposed ordinance. He owns rental property in Pocatello and feels he should be able to trust those who live in his house. There being no further public comments, Mayor Blad closed the public hearing. Mr. Bray proposed to strike the wording at Section B, item No. 3 regarding State issued driver’s license identification and bathroom usage. He feels current laws are already in place regarding indecent exposure, disorderly conduct and invasion of privacy. Mr. Bybee responded that invasion of privacy and exposure issues may occur with either gender and would be subject to prosecution under various laws. Discussion followed among the Council members regarding issues that REGULAR CITY COUNCIL MEETING 18 JUNE 6, 2013 may arise concerning intentional exposure and invasion of privacy in public restrooms. Discussion followed among the Council members regarding the pros and cons of inclusion of the phrase, “This ordinance shall be interpreted and enforced in accordance with the Idaho Free Exercise of Religion Act, Idaho Code §73-701 et seq,” defined in Section 9.36.040: Exceptions, Section A of the proposed ordinance. Mr. Bybee reviewed civil rights historical events and changes in public perceptions over time. Council discussion followed regarding mediation costs and the advantages and disadvantages of the mediation portion of the ordinance. Discussion continued among the Council members regarding reasonable division of medication costs. Mr. Bybee summarized the proposed exemption regarding small employers. A motion was made by Mr. Johnston to deny passage of the ordinance. Mr. Johnston’s motion died due to lack of a second A motion was made by Mr. Johnston to postpone the vote. Mr. Johnston’s motion died for lack of a second. Dean Tranmer, City Attorney, clarified that a motion to decide how the proposed ordinance would be read was in order and that a motion to table the issue was not appropriate at this time. A motion was made by Mr. Bray to make the following modifications to the proposed ordinance: 1) REMOVAL of section 9.36.040 B: Exceptions “Notwithstanding any other provision contained in this Ordinance, the gender identity contained on any person’s State issued driver’s license or identification card shall determine the bathroom, locker room or like facilities that are to be used by such a person. This Ordinance shall not be interpreted to require any person to provide bathroom, locker room, or like facilities that are not segregated by gender.”; 2) REMOVAL of Section 9.36.060: Mediation, specifically, the phrase “The mediator shall be appointed by the City Attorney and the costs of the mediation services shall be borne equally by the Complainant and the Defendant.” and 3) ADDITION of the phrase “The mediator shall be appointed by the City Attorney and the costs of the mediation services shall be up to $250.00 to be paid by the City of Pocatello, up to $500.00 to be paid by the Defendant, with remaining expenses to be shared equally between the Complainant and the Defendant.” Mr. Moore seconded the motion. REGULAR CITY COUNCIL MEETING 19 JUNE 6, 2013 Mr. Cooper stated he would not be comfortable removing the section related to small employers. Mr. Moore suggested discrimination of employment be referenced only according to Idaho State code. Mr. Bray stated he feels his motion is reflective of Idaho law. Mr. Johnston stated he feels the Council has not achieved an ordinance that would protect citizens and would like to table the item. Mrs. Nye stated she feels it is not necessary to include the reference related to religious freedom, as she feels it is redundant. A motion was made by Mr. Johnston to table the issue indefinitely. Mr. Johnston’s motion failed for lack of a second. Mr. Tranmer clarified that the Mr. Bray’s motion would need to be voted upon before a motion to table would be appropriate. Mr. Brown suggested that the proposed ordinance and its amendments address employment and housing issues and that public accommodation issues would be focused upon at a later date. Mr. Brown also suggested that the Council focus on the housing and employment sections of the ordinance and continue to work on the public accommodation issues at a later time. He clarified that he is referring to Section 9.36.020: Definitions, Section G, “Place of public resort, accommodation, assemblage or amusement”. In response to a question from Mr. Brown, Mayor Blad stated he has sought advice from various individuals and members of the LGBT community for insight and possible solutions regarding the public accommodations. He added that the section relating to bathroom identification was intended to protect individuals and give that person a way to defend themselves, and was not intended to make a person feel uncomfortable. Mayor Blad reiterated that the intent has always been to protect citizens. He emphasized that it is not the intent to have a transgender individual acquire an identification card in order to use public facilities, but only to protect them. Mayor Blad stated he feels that if there is a better solution to protect the transgender population, he would be very open to hearing a solution, but has been unable to receive feedback. Mr. Bray stated that according to testimony heard during the public hearing, transgender individuals strive to live in the community without having additional attention, especially regarding the use of public restrooms. REGULAR CITY COUNCIL MEETING 20 JUNE 6, 2013 Mayor Blad called upon Gray Brennan to give her opinion on the bathroom identification issue. In response to a question from Mayor Blad, Ms. Brennan stated she is a transgender individual and feels that if she walks into a ladies room and uses the facility, any other person using that facility will not see her genitalia unless that person infringes upon Ms. Brennan’s privacy. Therefore, that individual becomes the offender. Ms. Brennan emphasized that she only wants to use restroom facilities in a respectful manner, as everyone else does. She added that public education is important on the matter of transgender individuals. Mr. Bray’s motion was voted upon at this time. Upon roll call, those voting in favor were Bray, Moore and Nye. Those voting in opposition to the proposed modifications were Brown, Cooper and Johnston. Due to a tie in voting, Mayor Blad was required to cast the deciding vote. Mayor Blad voted in opposition to the motion. The motion failed. A motion was made by Mr. Brown, seconded by Mr. Cooper, to make the following modifications to the proposed ordinance: 1) REMOVAL of section 9.36.040 B: Exceptions “Notwithstanding any other provision contained in this Ordinance, the gender identity contained on any person’s State issued driver’s license or identification card shall determine the bathroom, locker room or like facilities that are to be used by such a person. This Ordinance shall not be interpreted to require any person to provide bathroom, locker room, or like facilities that are not segregated by gender.”; 2) REMOVAL of Section 9.36.060: Mediation, specifically, the phrase “The mediator shall be appointed by the City Attorney and the costs of the mediation services shall be borne equally by the Complainant and the Defendant.” and 3) ADDITION of the phrase “The mediator shall be appointed by the City Attorney and the costs of the mediation services shall be up to $250.00 to be paid by the City of Pocatello, up to $250.00 to be paid by the Defendant, and $500.00 to be shared equally between the Complainant and the Defendant.” Mr. Bybee clarified that after the costs of the mediation are met by all parties, mediation would be deemed unsuccessful and the case would be referred to a court case. Mr. Bray expressed his concern that inclusion of Section 9.36.040 C: Exceptions No. 4 regarding small businesses, could result in a 40% reduction of coverage, as testimony by individuals claim nearly forty percent of the businesses in the area could be classified as REGULAR CITY COUNCIL MEETING 21 JUNE 6, 2013 a small business. He feels this exception is too great and may allow discrimination to continue. A substitute motion was made by Mr. Brown to REMOVE in addition to the sections from his previous motion Section 9.36.040 C: Exceptions No. 4 “To a person, wherever situated, who employs fewer than five (5) employees for each working day in thirty two (32) or more calendar weeks in the previous twelve (12) month, whose services are to be partially or wholly performed in the City of Pocatello, and further excepting therefrom domestic servants hired to work in and about a person’s household”. Mr. Bray seconded the substitute motion. A motion was made by Mr. Johnston to table the entire issue. Mr. Cooper seconded the motion and later withdrew. As a result, Mr. Johnston withdrew his motion to table the discussion. Mr. Brown’s substitute motion was voted upon at this time. Upon roll call, those voting in favor were Brown, Bray, Moore and Nye. Those voting in opposition were Cooper and Johnston. The motion passed. AGENDA ITEM NO. 22: Council may wish to adopt an ordinance ORDINANCE enacting a new section for the Pocatello PROHIBIT Municipal Code, Title 9, Chapter 36, to DISCRIMINATORY prohibit discriminatory acts in housing, ACTS employment and public accommodations upon sexual orientation and gender identity/expression. A motion was made by Mr. Bray, 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 Bray, Moore, Brown and Nye. Those voting in opposition to the item were Cooper and Johnston. The motion passed. Dean Tranmer, City Attorney, read the ordinance by title. Mayor Blad declared the final reading of the ordinance enacting a new section to the 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, Brown, Moore and Nye. Those voting in opposition to the ordinance were Cooper and Johnston. The motion passed. Mayor Blad declared the ordinance and summary sheet passed, that it be numbered 2921 and be submitted to the Idaho State Journal for publication. REGULAR CITY COUNCIL MEETING 22 JUNE 6, 2013 There being no further business, Mayor Blad adjourned the meeting at 12:30 a.m. on June 7, 2013. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK