City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL STUDY SESSION OCTOBER 11, 2012 AGENDA ITEM NO. 1: Mayor Brian Blad called the City ROLL CALL Council Study Session to order at 9:02 a.m. Council members present were Roger Bray, Craig Cooper, Gary Moore, and Eva Johnson Nye. Council members Steve Brown and Jim Johnston were excused. AGENDA ITEM NO. 2: Diana Livingston Friedley, POCATELLO ARTS Chairperson, and Malynda Cooper, COUNCIL UPDATE member at large, of the Pocatello Arts Council discussed the Council’s goals and projects, as well as Council’s policies and expectations. Ms. Friedley introduced Ms. Cooper as a new member on the Council and gave an overview of her art background. Ms. Friedley stated this is an example of the types of individuals that serve on the Council. She also gave a power point presentation of the Airport’s Kizuna Garden showing its creation, construction and dedication on July 21, 2012. Other projects include a bronze sculpture at the new Grizzly Bear exhibit and the Montana Shakespeare in the Park event. Ms. Friedley reported that Literary Pavers in Old Town Pocatello have now been installed and a paver dedication event is scheduled for the spring of 2013. She noted the Council is working toward documenting art work in Pocatello and there is an on-line gallery on the Art Council’s website. In addition, members sent out an invitation to different artists in the community to create an impact piece that will also be musical. Mr. Moore thanked the Council’s dedication to various projects adding the City is fortunate to have these individuals promoting the arts in Pocatello. AGENDA ITEM NO. 3: Susie Matsuura, Chair person Human PROPOSED ORDINANCE Relations Advisory Committee, and TO PROHIBIT Kirk Bybee, attorney for the City of DISCRIMINATION Pocatello, presented information relating to the creation of an ordinance prohibiting discrimination based on sexual orientation and gender identity. Ms. Matsurra recognized Committee members that were in attendance in the audience. She reviewed, and distributed copies of, the following information to the Council:  2 CITY COUNCIL STUDY SESSION OCTOBER 11, 2012 1. State by state information from the Human Rights Campaign. Referenced 163 cities and multiple counties with Non-Discrimination Ordinances. 2. Personal stories that the Committee feels illustrates discrimination that has taken place in Pocatello. The Committee has gathered personal stories from Pocatello residents for nearly six months. Different stories were read regarding situations that people described as discrimination circumstances. A DVD was shown of Julie Zicha whose son committed suicide as a result of bullying. 3. A copy of Sandpoint, Idaho’s ordinance was reviewed. Ms. Matsurra stated she has talked in length with John Reuter, the councilmember from Sandpoint who guided their non-discrimination ordinance through the consideration and adoption process. The Committee believes mediation and education, not crime and punishment, will be the best way to resolve this type of discrimination issue. Mr. Bybee stated he has researched non-discrimination ordinances adopted by other cities mentioned by the Committee. Mr. Moore liked the idea of Sandpoint’s ordinance using mediation for these types of issues. He noted that this is similar to what Pocatello’s Human Relations Advisory Committee already does. Ms. Moore mentioned he is not in support of sending out a Police officer for this type of issue. Mrs. Nye stated she also likes the ordinance from Sandpoint and feels it would fit the needs of Pocatello. Mr. Bybee noted he is in favor of civil rights. However, the City needs to figure out the best way to approach this issue. He explained that Sandpoint criminalizes the conduct. Mr. Bybee reviewed the issue with burden of proof cases and how difficult they are to prove in court. Mrs. Nye clarified that the Committee is proposing the use of mediation first and if this fails, the City would need to drop the case. The claimant would be advised that the case is now a civil matter and they would be responsible for all costs for litigation. Mr. Bybee mentioned his concerns with the proposed ordinance and possible constitution violations. As a result, he would like to take an opportunity to get a response from the Idaho Attorney General’s office before moving forward. Mr. Bybee explained that municipalities  3 CITY COUNCIL STUDY SESSION OCTOBER 11, 2012 get their power from the State Legislature. Individuals have approached the Idaho Legislature with this same issue and the Legislature has chosen not to react to it. Mr. Bray stated the Legislature has not actually voted upon the issue and he does not feel that this qualifies as rejecting the proposal. Mrs. Nye suggested cities and citizens are not happy with the Legislature and are moving forward with their own ordinances. Mr. Bybee clarified his position as the City’s Risk Manager noting that the thought, however well intended, gives him pause. He spoke to an individual in the Human Resources department that administers the discrimination ordinance for Salt Lake City, Utah to find out how it is enforced. He was told their ordinance was adopted 3 years ago. However, they do not have a good idea of how the process works because they have had a total of 3 complaints since adopted and none of the complaints proved to have any merit. Mr. Bybee mentioned that figuring out how the discrimination process will work is going to be a challenge. Mr. Moore clarified the reason behind the ordinance is to regulate behavior not to invoke fines. He hopes adopting the ordinance will help keep people in check so they do not commit a discriminatory act. Mr. Cooper stressed his concerns with having another sub-committee adding another layer of government. He feels a person who has the kind of thinking that is being described may not be influenced by an ordinance. Public safety and tolerance is an issue for anyone that is bound to this kind of thought process. In response to questions from Council, Mr. Bybee reiterated that cities probably do not have the authority to create a private cause of action that is not otherwise recognized by statute law or common law. That is why he would prefer to get a recommendation from the Idaho Attorney General office. Mr. Bybee reviewed the 1960’s civil rights movement noting that this was mostly done through private civil actions. In response to a question from Mayor Blad, Mr. Bybee could not find discrimination claims for the cities mentioned where the claim has been brought forward for mediation. In response to questions from Council, Ms. Matsuura stated the City of Boise was concerned with the Legislative issue as well. She added that Boise asked the Attorney General’s  4 CITY COUNCIL STUDY SESSION OCTOBER 11, 2012 office for an opinion on their proposed ordinance and suggested Boise’s opinion could be used. Mr. Bybee stated that these specific issues have never been posed to, or addressed by, the Attorney General’s Office. Mr. Bray feels that there should not be a cap on what a discrimination victim should be entitled to. He suggested staff contact the Association of Idaho Cities to obtain their opinion on the issue. Mr. Bray added an ordinance should have exemptions in place to honor religious convictions. Mayor Blad feels model ordinances that have exceptions are inadequate. He does not want to consider something that allows people to skirt around the issue and feels it will not stop the issues being addressed. If the City is going to move forward the ordinance should be enforceable. Mr. Bray suggested the best enforcement is changing people’s behavior and the proposed ordinance will help to do this. However, he feels if the Council wants to enforce a code with no tolerance for discrimination, someone will need to serve time in jail. Mr. Bray would prefer to educate people on the issue so they do not discriminate. Mr. Bybee agreed with Mayor Blad. He reviewed some of the exceptions that he is concerned with and the process for the parties. It was the consensus of the Council to have staff research the process to allow Mrs. Nye to amend her motion from the September 6, 2012 Regular Council meeting to allow more time to fully consider the discrimination ordinance issue. Mayor Blad announced he does not want any form of discrimination taking place within City limits and will not condone it. He feels an effective ordinance is needed to accomplish this goal. AGENDA ITEM NO. 4: Merril Quayle, Development Engineer, DESIGN PRINCIPLES presented a proposal to adopt a new AND STANDARDS Municipal Code, Title 14 (currently FOR DEVELOPMENT reserved), to develop Design WITHIN CITY LIMITS Principles and Standards for the development of roads and other infrastructure within City limits. Mr. Quayle reviewed staff’s proposal and displayed various documents used by staff to determine land use development. He suggested the documents be compiled into a separate section in the City’s Municipal Code. This section would include information such as: bike route guidelines, traffic  5 CITY COUNCIL STUDY SESSION OCTOBER 11, 2012 impact studies for greenway access, Public Works Standards and amendments. Mr. Quayle noted that Development Standards are listed in the subdivision portion of the Code and this can be confusing for developers. By combining these guidelines into one section, staff can specifically show development standards such as sidewalks, parking strips, bike lanes, and also make references to the City’s Our Valley Our Vision. He mentioned that design terminology has changed through the years and this could be updated at this time. Mr. Moore added as the City grows, this change will make the process more streamlined for staff and easier for the developer. In response questions from Council, Mr. Quayle explained the proposed change will create a condensed section for clarification and enhanced details of the City’s guidelines for design principles. References to other sections of the code and/or guidelines can also be included under this title. It was the Council’s consensus to have staff move forward with creating a new Title 14 of the Municipal Code as proposed. Mayor Blad adjourned the Study Session at 10:48 a.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK