City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA CLARIFICATION MEETING AND REGULAR CITY COUNCIL MEETING APRIL 4, 2013 CLARIFICATION The City Council Agenda Clarification MEETING Meeting was called to order at 5:30 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 6:08 p.m. by Mayor Brian Blad. PLEDGE OF Council members present were Roger Bray, ALLEGIANCE Steve Brown, Craig Cooper, Jim Johnston, Gary Moore and Eva Johnson Nye. Mayor Blad led the audience in the pledge of allegiance. AGENDA ITEM NO. 2: The invocation was dispensed with, as the INVOCATION volunteer scheduled to participate was not in attendance. AGENDA ITEM NO. 3: Council was asked to consider the following CONSENT AGENDA business items: -PAYROLL AND (a) Payroll and material claims for the month of MATERIAL CLAIMS March 2013 in the amount of $7,770,285.66. -OPEN SPACE (b) Confirm the Mayor’s appointment of Charles ADVISORY “Chuck” Patterson to serve as a member of COMMITTEE the Open Space Advisory Committee, replacing APPOINTMENT Kirk Kirkham. Mr. Patterson’s term will begin April 5, 2013 and will expire March 16, 2015. -RESOLUTION (c) Adopt a resolution (#2013-04) reiterating –FAIR HOUSING ACT that housing discrimination on the basis of race, color, religion, sex, disability, family status or national origin is prohibited by law, pursuant to the Fair Housing Act of 1968, as amended. This is an annual resolution adopted in compliance with Community Development Block Grant requirements. REGULAR CITY COUNCIL MEETING 2 APRIL 4, 2013 -DECLARATION OF (d) Declare the building located at 2474 South SURPLUS PROPERTY/ 2nd Avenue, aka “Club Haven,” as surplus LEARN AND BURN property and authorize the Pocatello and TRAINING-2474 SOUTH Chubbuck Fire Departments to burn the 2ND AVENUE building as part of a “Learn and Burn” training exercise to certify newly hired firefighters. -COUNCIL DECISION (e) Adopt the Council’s decision determining USE OF CITY-OWNED that the City-owned property situated PROPERTY-NORTH MAIN between Pocatello Creek and North Main EXTENSION Extension, west of the railroad overpass is not a designated City park, and that said property is not to be used by groups or individuals through a right-of-use license unless said use is excepted by the City Council. 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, Brown, Cooper and Nye. AGENDA ITEM NO. 4: Mr. Johnston, on behalf of Mayor Blad, COMMUNICATIONS AND proclaimed April 2013 to be Civitan PROCLAMATIONS Awareness Month in Pocatello and encouraged residents to actively support this international service organization. Alicia Taucher and Brad Kimber, representatives of local Civitan groups, thanked the Mayor and Council for the Proclamation and announced upcoming Civitan sponsored events. Mr. Bray, on behalf of Mayor Blad, proclaimed April 2013 to be Fair Housing Month in Pocatello and urged citizens and businesses to increase their awareness of the Federal Fair Housing Act. Jack Shaver, Community Development Block Grant Committee Chair, accepted the proclamation from Mayor Blad and thanked the Council for their support. Mr. Brown, on behalf of Mayor Blad, proclaimed April 7 through 13, 2013 to be Barbershop Harmony Week in Pocatello and urged citizens to observe the week with programs and activities. Members of the Pocatello Barbershop accepted the proclamation from Mayor Blad, thanked the Council for their support and performed the National Anthem in barbershop quartet style. Mayor Blad recognized Boy Scouts from Troop 306 and Troop 315. AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the April REGULAR CITY COUNCIL MEETING 3 APRIL 4, 2013 CALENDAR REVIEW 11th Study Session at 9:00 a.m.; and the April 18th Regular City Council meeting at 6:00 p.m. Mayor Blad announced a Free Fair Housing workshop will be held on April 10th from 12:00 p.m. to 5:00 p.m. at Ramada Inn, 133 Burnside Avenue in Chubbuck; various free programs will be available at Marshall Library April 19th and 20th for “Money Smart Week”, contact the Library for more information; and the annual spring clean up at City cemeteries continues through the end of April. Crews will be removing and discarding all flowers and decorations. AGENDA ITEM NO. 6: Mike Riley, 930 Delano, spoke regarding DISCUSSION ITEMS wheelchair accessibility issues and FROM THE AUDIENCE presented a feedback report to the Mayor. Ralph Baker, 755 North Arthur Avenue, encouraged citizens to learn about the constitution. Niki Taysom, Pocatello resident, shared her concerns regarding independence and freedom in America. Melvin Wilcutt, Pocatello citizen, shared his concerns regarding response procedures within the Police Department. Idaho Lorax, Pocatello citizen, shared his concerns regarding open space projects. James Ralphs, 3025 Silverfield Way, shared his concerns regarding an assisted living facility being built in his neighborhood. AGENDA ITEM NO. 7: Council was asked to consider the following BID/CONTRACT recommendations of staff for the South 2nd SOUTH 2ND AVENUE Avenue and Crescent Drive Improvement AND CRESCENT Project: DRIVE PROJECT BID-MICKELSEN a) Accept the lowest responsive bid received on CONSTRUCTION, INC. March 26, 2013 from Mickelsen Construction, Inc., in the amount of $111,571.70 and, if the bid is accepted; CONTRACT b) Authorize the execution of a contract -MICKELSEN between the City of Pocatello and Mickelsen COSNTRUCTION, INC. Construction, Inc., in the amount of $111,571.70 for the South 2nd Avenue and Crescent Drive Improvement Project, subject to Legal Department review. A motion was made by Mr. Bray, seconded by Mr. Cooper, to: a) accept the lowest responsive bid received on March 26, 2013 from REGULAR CITY COUNCIL MEETING 4 APRIL 4, 2013 Mickelsen Construction, Inc. in the amount of $111,571.70 and b) authorize the execution of a contract with Mickelsen Construction, Inc, in the amount of $111,571.70 for the South 2nd Avenue and Crescent Drive Improvement project, subject to Legal Department review. Upon roll call, those voting in favor were Bray, Cooper, Brown, Johnston, Moore and Nye. AGENDA ITEM NO. 8: Council was asked to consider a request by CONDITIONAL USE Barry Dutton, owner of Nel’s Bi-Lo Market PERMIT EXTENSION (mailing address: 333 North 15th Avenue, -NEL’S BI-LO MARKET Pocatello ID 83201) for a one-year extension to his Conditional Use Permit (CUP). The original CUP was granted in April 2011 to expand their loading dock and freezer storage area on the rear and south side of the store at 333 North 15th Avenue. Staff gave the applicant a one-year extension that is due to expire on April 19, 2013. A motion was made by Mr. Johnston, seconded by Mr. Brown, to approve a request by Barry Dutton, Nel’s Bi-Lo Market, for a one year extension to his Conditional Use Permit to expand a loading dock and freezer storage area on the rear and south side of the building located at 333 North 15th Avenue. Upon roll call, those voting in favor were Johnston, Brown, Bray, Cooper, Moore and Nye. AGENDA ITEM NO. 9: Council was asked to approve an agreement 2013 PUBLIC AUCTION with Prime Time Auctions to conduct the 2013 AGREEMENT-PRIME TIME Public Auction for the City of Pocatello to be held on May 11, 2013. A motion was made by Mrs. Nye, seconded by Mr. Moore, to approve an agreement with Prime Time Auctions to conduct the 2013 Public Auction for the City of Pocatello to be held on May 11, 2013. Upon roll call, those voting in favor were Nye, Moore, Bray, Brown, Cooper and Johnston. AGENDA ITEM NO. 10: Council was asked to consider a request from “COUNCIL SELECT” Arlo Luke and Paul Link (mailing address: FUNDING REQUEST c/o Varsity Contractors, 315 South 5th -IDAHO Avenue, Pocatello ID 83201) for Council INTERNATIONAL Select funds in the amount of $2,050.00 to CHORAL FESTIVAL 2013 assist with expenses related to the 2013 Idaho International Choral Festival July 9 through 14, 2013. (As of March 29, 2013 $4,250.00 remained in the Council Select fund.) Arlo Luke and Bill Moore, members of the Idaho Choral Festival Committee, clarified that the total amount being requested was $2,685.85. Mr. Luke stated that the event began in 1999 and REGULAR CITY COUNCIL MEETING 5 APRIL 4, 2013 continues through the ongoing support of Idaho State University, the City of Pocatello and private donors. A motion was made by Mr. Moore, seconded by Mrs. Nye, to approve the request to donate City services and approve the use of “Council Select” funds in the amount of $250.00 for expenses associated with the 2013 Idaho International Choral Festival to be held July 9 through 14, 2013. Upon roll call, those voting in favor were Moore, Nye, Bray, Brown, Cooper and Johnston. AGENDA ITEM NO. 11: Council was asked to consider a Use USE AGREEMENT Agreement, subject to Legal Department AND EXCEPTIONS review, with Ed Gygli, President of Pedal TO CITY CODE Fest, for the use of the City Creek –PEDAL FEST Management Area for the annual Pedal Fest Mountain Bike Race on June 22, 2013. (Race set-up will be on June 21st.) If approved, Pedal Fest will be required to pay the applicable fee and provide liability insurance, naming the City as an insured. In addition, Council was also asked to consider a request from the Pedal Fest Committee to grant two exceptions to the City Code for the event: 1) 12.35.050 to allow the consumption of alcohol in Centennial Park as part of their post race activities; and 2) 5.06.020 to allow vendor sales in Centennial Park. If these exceptions are granted, they will need to complete the necessary permit applications and pay all applicable fees. A motion was made by Mrs. Nye, seconded by Mr. Cooper, to approve a Use Agreement, subject to Legal Department review, with Ed Gygli, President of Pedal Fest, for the use of the City Creek Management Area for the annual Pedal Fest Mountain Bike Race to be held June 22, 2013 and that Pedal Fest will be required to pay the applicable fee and provide liability insurance; and approve a request to grant two exceptions to the City Code for the event: 1) 12.35.050 to allow the consumption of alcohol in Centennial Park as part of the post race activities; and 2) 5.06.020 to allow vendor sales in Centennial Park, subject to completion of the necessary permit applications and pay all applicable fees. Upon roll call, those voting in favor were Nye, Cooper, Bray, Brown, Johnston and Moore. AGENDA ITEM NO. 12: Council was asked to approve and authorize AIRPORT LEASE the Mayor to sign, subject to Legal AGREEMENTS Department review, the following lease agreements for property at the Pocatello REGULAR CITY COUNCIL MEETING 6 APRIL 4, 2013 Regional Airport: DARRIN DOBBINS a) 1,760 square feet aircraft hangar owned by the City. Rental rate of $210.00 per month, one-year term with four one-year renewal options; and WESTERN AIR b) 878 square feet of building space for the EXPRESS purpose of operation of an air freight company. Rental rate of $525.56 per month, five-year term that can be terminated upon 30 days’ written notice by either party. All rental rates will be reviewed annually and increased by at least an amount equal to that of the Consumer Price Index increase for the previous year. A motion was made by Mr. Bray, seconded by Mr. Brown, to approve and authorize the Mayor to sign, subject to Legal Department review, the following lease agreements for property at the Pocatello Regional Airport: a) an agreement with Darrin Dobbins for a 1,760 square feet aircraft hangar owned by the City and that the rental rate will be $210.00 per month, one-year term with four one- year renewal options; and b) an agreement with Western Air Express for 878 square feet of building space for the purpose of operation of an air freight company and that the rental rate will be $525.56 per month, five-year term that can be terminated upon 30 days’ written notice by either party and that all rental rates will be reviewed annually and increased by at least an amount equal to that of the Consumer Price Index increase for the previous year. Upon roll call, those voting in favor were Bray, Brown, Cooper, Johnston, Moore and Nye. AGENDA ITEM NO. 13: Council was asked to adopt a resolution RESOLUTION providing for the destruction of temporary -CITY RECORDS records pursuant to Idaho Code §50-907 and DESTRUCTION the City’s Record Policy. The Idaho State Archives has reviewed the request and does not consider these records to have historical significance and has no desire in obtaining these records. A motion was made by Mr. Moore, seconded by Mr. Bray, to adopt a resolution (#2013-05) providing for the destruction of temporary records pursuant to Idaho Code §50-907 and the City’s Record Policy. Upon roll call, those voting in favor were Moore, Bray, Brown, Cooper, Johnston and Nye. AGENDA ITEM NO. 14: This time was set aside for the Council to PUBLIC HEARING FOR receive comments from the public regarding a REGULAR CITY COUNCIL MEETING 7 APRIL 4, 2013 NON-DISCRIMINATION proposed ordinance enacting a new section to ORDINANCE 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 opened the public hearing. Kirk Bybee, City Civil Attorney, gave an overview of the process of the proposed ordinance. He explained following the Study Session in May 2012, Council advised Legal Department staff to move forward and take action on the subject. Mr. Bybee stated a resolution was prepared and voted down by the Council in September 2012 and following a study session in March 2013, an ordinance was drafted. Mr. Bybee explained the ordinance prepared was modeled after ordinances adopted in the surrounding states of Utah, Montana, Oregon, Washington and other Idaho communities. He reiterated that the issue is a serious one and was not taken lightly. In response to questions from Council, Mr. Bybee explained that the ordinance includes the wording “perceived homosexuality”, which will protect individuals whether or not they are homosexual. Emma Doupe, 1456 South 4th Avenue, spoke in support of the proposed ordinance. She stated a resolution had been adopted by Idaho State University and she would like to see similar changes throughout the entire city. Ms. Doupe feels that if the ordinance is not approved, a similar ordinance should be drafted to discourage discrimination against any person. David Mihlfeith, 1037 South 4th Avenue, spoke in support of the proposed ordinance. He stated he is the owner of Club Charley’s, a local gay bar, and feels that discrimination takes place in the community and the ordinance is necessary to solve problems and bring about justice. Suzi Matsuura, 754 South 19th Avenue, serves as chair of the Human Relations Advisory Committee (HRAC), and supports the proposed ordinance. She gave an overview of the recommendations made by HRAC members. Ms. Matsuura spoke of her son, who is gay, and his accomplishments. She feels that laws must change before the hearts and minds of others will change. Grae Brennan, Pocatello resident, spoke in favor of the proposed ordinance. She is transgender and feels the non-discrimination ordinance is a step in the right direction to change prejudice and allow transgender individuals to live a normal life. Craig Pesti-Strobel, 441 South 11th Avenue, supports the proposed ordinance and feels the ordinance will not infringe upon his rights and will not negatively affect his religious freedoms. He feels REGULAR CITY COUNCIL MEETING 8 APRIL 4, 2013 the ordinance will protect the civil rights of gay, lesbian and transgender individuals. Mr. Pesti-Strobel emphasized that preferential treatment is not sought by individuals, but only equal protection. Gloria Mayer, 2640 Via Valdarno, serves as a member of the Human Rights Advisory Committee. She is gay and feels it is important to stand up for her beliefs and supports the proposed ordinance. Muriel Roberts 545 ½ South 19th Avenue, spoke in support of the proposed ordinance. She feels that discrimination is a problem that affects the entire community. Ms. Roberts urged the Council to follow the lead of other Idaho cities and pass the ordinance. Steve Lawyer, 1930 Azalea Lane, spoke in favor of the proposed ordinance. He is a clinical psychologist at Idaho State University and feels that everyone deserves to be treated with dignity and respect. Jocelyn Sparks, 20 Stanford Avenue, spoke in support of the proposed ordinance. She enjoys Pocatello and the cultural, religious and sexual diversity it provides. Ms. Sparks feels that the ordinance is an important matter and should be supported. Jim Allen, 61 Cedar Hills Drive, spoke in favor of the proposed ordinance. He feels that the passage of the ordinance will not hurt anyone, but not passing it will hurt many. Mr. Allen feels the ordinance is important to protect all citizens. Virgie Arambarri, 59 Mar Vista Drive, spoke in favor of the proposed ordinance. She feels the ordinance will protect citizens and promotes the image of Pocatello as a welcoming community. Billie Johnson, 151 South 16th Place, spoke in favor of the proposed ordinance. She stated she has been discriminated against in the past and feels that many individuals in the community also live in fear of judgment, hate and misunderstanding. Sierra Goranson, 2283 Stacie Street, #2, Idaho Falls, spoke in favor of the proposed ordinance. She is transgender and works for the East Idaho Transgender Support Group. Ms. Goranson stated many of the individuals who are on the support group’s mailing list and Facebook page live in Pocatello and are afraid of being discriminated against. Eric Stewart, 2271 South 5th Avenue #213A, thanked the Council for bringing the proposed ordinance to the public forum and stated he supports the passage of the ordinance. Brenda Stanley, 777 Hospital Way, spoke in favor of the ordinance. She stated, as a mother she wants her son to be treated fairly and feel safe. Ms. Stanley feels it is also important for businesses REGULAR CITY COUNCIL MEETING 9 APRIL 4, 2013 and individuals looking to relocate to know that Pocatello is a progressive and nondiscriminatory community. Jamar Brown, 515 Berrett Avenue, serves on the Human Relations Advisory Committee and spoke in favor of the proposed ordinance. She feels the religious exemptions should remain as they are written in the proposed ordinance. Ms. Brown assembled the stories of discrimination which were presented to the Council at a previous Study Session. Gloria Bailey, 224 Valleyview, spoke in favor of the proposed ordinance. She is a mental health therapist and has witnessed damage to those who have been discriminated against. Ms. Bailey supports the passage of the ordinance to protect the citizens of Pocatello. Samantha Landvick, 140 North 8th Avenue, spoke in support of the proposed ordinance and feels there is no reason not to support the ordinance. Trevor Johnson, 87 Westello, spoke in favor of the proposed ordinance. She is a transgender woman and lives in fear of being discriminated against, but feels discrimination is something Pocatello can overcome. Donna Boe, 226 South 16th Avenue, is a former member of the Pocatello City Council, and empathizes with Council members and the difficult decisions that they are faced with. She feels that many individuals are basing their opinions upon misinformation, and she understands that the proposed ordinance is not meant to give certain groups special rights, but instead give all citizens the same rights. Ms. Boe added that approval of the ordinance does not approve of a lifestyle but protects civil and human rights. Jennifer Seaich, 920 East Lovejoy, spoke in favor of the proposed ordinance. She spoke of Martin Luther King, Jr. and his dream to have equal rights for all people. Bean Callen, 877 Highland Boulevard, spoke in favor of the proposed ordinance. She recently moved to Pocatello and looks forward to having her family live and thrive in the area. Mayor Blad called a recess at 8:04 p.m. Mayor Blad reconvened the meeting at 8:16 p.m. Rebecca Carrier, 13 Cornell Avenue, spoke in favor of the proposed ordinance. She stated she and her family members have felt the effects of discrimination first hand and would like to see discrimination come to an end. Will Hardy, 13 Cornell Avenue, spoke in favor of the proposed REGULAR CITY COUNCIL MEETING 10 APRIL 4, 2013 ordinance. He feels that by not approving the ordinance, it is a form of discrimination. Gloria Moncrief, 13 Cornell Avenue, spoke in favor of the proposed ordinance. She stated she has felt the effects of discrimination throughout her life and feels it is better to speak the truth rather than hide from the truth. Tracy Hitter, 302 South 8th Avenue, spoke in favor of the proposed ordinance. She is a member of the LGBT community and therapist and sees discrimination happen. Ms. Hitter feels the ordinance does not give special rights to individuals, but values all citizens of the community. Rick Pongratz, 1138 North Gale Mountain Road, spoke in support of the proposed ordinance. He is a psychologist and sees the mental health affects related to discrimination. Mr. Pongratz feels a vote in favor of the ordinance is a vote in favor of letting all citizens work, pay rent and support their family. Paula Siekl, 367 West Mcnabb Road, spoke in favor of the proposed ordinance. She is a clinical psychologist and feels that providing a positive atmosphere for LGBT individuals can lead to fewer cases of depression and suicide. Tony Siekl, 367 West Mcnabb Road, spoke in favor of the proposed ordinance. He shared stories of his father and grandfather’s experiences with the Ku Klux Klan. Mr. Siekl feels Pocatello should not allow the discrimination of individuals. Wayne Schow, 5648 Arrowhead Drive, spoke in support of the proposed ordinance. He feels the ordinance is necessary to give all citizens a level playing field in life. Mr. Schow feels there is no downside to passing the ordinance, only a positive upside. Ryan Heffner, Ridgecrest, 921 South 8th Avenue, ISU campus, spoke in favor of the proposed ordinance. He serves as the President of the Sexuality and Gender Alliance and feels the antidiscrimination policy at Idaho State University should carry through to the rest of the community. Derrick Capson, 620 West Clark, spoke in favor of the proposed ordinance. He has felt discrimination within his church, work, school and family. Mr. Capson feels it is important that individuals have the ability to be themselves and pursue happiness and acceptance. Jan Neish, 1624 North Arthur Avenue, spoke in favor of the proposed ordinance. She feels the proposed ordinance will unite the community and protect the rights of citizens who pay taxes in the REGULAR CITY COUNCIL MEETING 11 APRIL 4, 2013 community. She shared her understanding of the struggles transgender individuals experience. Glen Alford, 1108 East Halliday, spoke in favor of the proposed ordinance. He gave an overview of times during history which discrimination against race, religion and nationality was very prevalent and reminded the Council that each of the groups he mentioned are now protected in Pocatello. Mr. Alford asked that members of the LGBT community also be protected. Tom Nestor, 838 East Clark, spoke in favor of the proposed ordinance. He and his partner of 32 years are founders of “All Under One Roof”, a center for the LGBT community. Mr. Nestor invited Council members to attend the center and meet the youth that are served by the center. Janie Gebhardt, 1200 Aspen Drive, spoke in favor of the proposed ordinance. She serves as pastor of the First Congregational United Church of Christ in Pocatello. Ms. Gebhardt asked Council members to look at the proposed ordinance and the issue of discrimination through the perspective of the entire community. She feels it is important to love one another, regardless of sexual orientation. Richard Lish, 838 East Clark Street, spoke in favor of the proposed ordinance. He related a story of his experience in college when he was encouraged to befriend a fellow student, whose father had been killed in a hate crime. Mr. Lish asked the Council to approve the ordinance. Mike Hirschi, 449 Park Avenue, spoke in favor of the proposed ordinance. He served on the Human Relations Committee for many years and is proud of Pocatello’s diversity and is proud to be a gay Pocatellan. Roy Lacey, 1377 West Trail Creek Road, spoke in favor of the proposed ordinance. He feels that the ordinance doesn’t do any harm and encouraged the Council to approve the ordinance. Madalynn Wright, Pocatello resident, spoke in favor of the proposed ordinance. She feels that everyone should be treated equally and that no one should ever feel uncomfortable about sharing their lifestyle. Idaho Lorax, Pocatello resident, spoke in favor of the proposed ordinance. He feels individuals should be able to express themselves. Windy Clark, 687 Warren Avenue, spoke in favor of the proposed ordinance. She feels that members of the LGBT community don’t discriminate against non-LGBT members and it is not right for REGULAR CITY COUNCIL MEETING 12 APRIL 4, 2013 others to judge them for their lifestyle. Dan Clark, 687 Warren Avenue, spoke in favor of the proposed ordinance. He feels passing the ordinance is the right thing to do. Vyonne, Jenks, 132 Oakland Avenue, spoke in favor of the proposed ordinance. She feels many LGBT community members live in fear and the ordinance is important for the community. Zandra Higley, 1630 South 4th Avenue, spoke in favor of the proposed ordinance. She feels that the proposed ordinance is an important issue. Ms. Higley feels the ordinance may empower others to come out to their friends and families and encourage discussions among individuals. Louis Archuletta, 1965 Ardella Drive, spoke in favor of the proposed ordinance. He feels his life and members of his family are examples of the positive effects of the Civil Rights Act. Mr. Archuletta feels anti-discrimination laws work and will help to make Pocatello a better place to live. Mike Scott, 2714 Bannock Highway, spoke in favor of the proposed ordinance. He is a retired 34 year veteran of the United States Navy. Mr. Scott stated the military’s policy regarding gay service members changed over time, but it didn’t make a difference to those serving with him. He was proud when the Navy changed their policy and would be very proud if the Council approved the ordinance. Jane Coe-Smith, 3107 D’Artagnan Drive spoke in favor of the proposed ordinance. She expressed appreciation for the individuals who have shown their support for the ordinance. Tyler Moats, Pocatello resident, spoke in favor of the proposed ordinance. He stated the definition of normal is a mathematical term meaning majority, not a moral term meaning correctness. Mr. Moats doesn’t discriminate against others and feels it is not right to discriminate against others. David Coneff, 170 South 16th Place, spoke in favor of the proposed ordinance. He feels the ordinance is well crafted and includes enough exemptions to allow personal freedoms. Mr. Coneff feels the ordinance doesn’t place any undue burden on businesses, but protects all people. Jessica McCafferty, spoke uncommitted to the proposed ordinance. She represents the American Civil Liberties Union of Idaho and its 1,400 members. Ms. McCafferty stated four other cities in Idaho and 168 cities nationwide have already passed similar ordinances and the ACLU believes the ordinance, as written does not infringe REGULAR CITY COUNCIL MEETING 13 APRIL 4, 2013 upon the rights of others. She commended the Council, the individuals who have worked on the ordinance and those who have spoken at the meeting. David Brown, 1564 Glen Drive, spoke in opposition to the proposed ordinance. He feels he has been discriminated against on a number of occasions in the workplace. Mr. Brown feels it is a person’s right to hire and fire another individual according to their decisions, and not because of a required quota. Niki Taysom, Pocatello resident, spoke in opposition to the proposed ordinance. She feels she has been discriminated against during her lifetime and feels an individual’s behaviors are their choice. Rochelle Lillig, 2330 Satterfield Drive, spoke in opposition to the proposed ordinance. She feels community activities and area policies are not in line with public interest. Ms. Lillig feels she should not be criminalized for being offended at others’ activities. Roseanna Anderson, 360 South 4th Avenue, spoke in opposition to the proposed ordinance. She feels the proposed ordinance is not in line with the constitution. Ms. Anderson expressed the government cannot infringe upon a citizen’s rights of life, liberty and the pursuit of happiness. Heidi Barlow, 2964 Owyhee Street, spoke in opposition to the proposed ordinance. She feels a good law should be fair and not take away rights from one group to give to another. Ms. Barlow feels she has been discriminated against by members of the LGBT community and the proposed ordinance will not solve the problem of discrimination. Mary Frangesh, Pocatello resident, spoke in opposition to the proposed ordinance. She feels she has been discriminated against and the ordinance would take away her Christian rights. Ms. Frangesh feels if an individual has been discriminated against, there are fair housing laws in place to protect them. Benjamin Baker, 1062 Camas Lane, spoke in opposition to the proposed ordinance. He feels when dealing with commerce, buyers and sellers should have the right of choice regarding transactions. Heather Disselkoen, 635 Gary Street, spoke in opposition to the proposed ordinance. She shared a story of a photographer who declined to photograph a same sex commitment ceremony and was found guilty of discrimination. Ms. Disselkoen feels that faith-based business owners could be penalized if the ordinance is passed. Gil Judkins, 386 Hollyhock, spoke in opposition to the proposed ordinance. He feels there are already laws in place regarding REGULAR CITY COUNCIL MEETING 14 APRIL 4, 2013 equal employment and fair housing. Mr. Judkins is also concerned about the possibility of a male using facilities intended for females. Sue Ann Hodge, 4540 Flora Drive, spoke in opposition to the proposed ordinance. She owns rental properties and feels if a renter feels they have been wrongly evicted, they are already protected under fair housing laws. Ms. Hodge is also concerned with the prospect of a male using bathrooms and dressing rooms meant for females. Dee Dee Manske, 1309 City Creek Road, spoke in opposition to the proposed ordinance. She feels the ordinance is vague and ambiguous in many ways. Ms. Manske feels transgender and privacy issues should be specifically addressed. Dave Barlow, 2946 Owyhee Street, spoke in opposition to the proposed ordinance. He feels forced legislation will not change the hearts of individuals. Mr. Barlow feels it is not right to take away rights of some and give those rights to others. Ralph Baker, 755 North Arthur, spoke in opposition to the proposed ordinance. He feels discrimination of any kind should not be tolerated. Cindy Hammes, 5215 Daisy Lane, spoke in opposition to the proposed ordinance. She feels the best ordinance would eliminate all discrimination. Ms. Hammes is concerned about the bathroom issue within the ordinance. Mr. Bybee clarified that the proposed ordinance would not require quotas in the workplace and would not infringe upon an individual’s rights in their home. He expressed that current state and federal laws do not provide adequate protection against discrimination to members of the LGBT community. In response to a question from Council, Mr. Bybee clarified that same sex marriages are not allowed in the state of Idaho, and therefore, a member of the clergy would not be required to perform same sex marriage ceremonies. Mr. Bray asked for clarification regarding the “bathroom issue” that was addressed by several previous speakers. Mr. Bybee explained that it is his understanding that individuals who may be concerned with the “bathroom issue” are concerned about having a person of one gender using the restrooms and changing rooms in public facilities which is designated for the opposite gender. He stated that there are already laws in place to address that issue with indecent exposure or disorderly conduct charges, if the situation arises. REGULAR CITY COUNCIL MEETING 15 APRIL 4, 2013 Mrs. Nye stated that one concern mentioned was that the ordinance did not provide enough exemptions for religious freedom. She stated it is not the Council’s intention to fundamentally change anyone’s beliefs. Mr. Bybee stated the intention of the proposed ordinance is to protect those who have been affirmatively discriminated against. Mr. Brown stated he has been amazed by the courage shown and the opinions which have been shared with the Council. He feels there are areas of the proposed ordinance that need further clarification and he would like to hear additional comments and continue the public hearing at the City Council meeting on April 18, 2013. Mayor Blad announced the public hearing would be continued until April 18, 2013, with written comments being accepted until that date, at which time oral comments would be heard regarding proposed revisions to the ordinance. AGENDA ITEM NO. 15: An ordinance enacting a new section to ORDINANCE Pocatello Municipal Code Title 9 Chapter 36, NON-DISCRIMINATION to prohibit discriminatory acts in housing, ORDINANCE employment and public accommodations upon sexual orientation and gender identity/expression. As announced by Mayor Blad, the public hearing regarding a non- discrimination ordinance under Agenda Item No. 14 was continued to April 18, 2013. Therefore, the proposed non-discrimination ordinance as outlined in Agenda Item No. 15 was not considered at this time. There being no further business, Mayor Blad adjourned the meeting at 10:14 p.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: REGULAR CITY COUNCIL MEETING 16 APRIL 4, 2013 RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: KONNI R. KENDELL, DEPUTY CLERK