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Home My WebLink AboutMay 12, 2014 City Commission Minutes, draft_3 Page 1 of 10 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, May 12, 2014 Mayor - Jeff Krauss: Absent Deputy Mayor - Carson Taylor: Present Commissioner - Chris Mehl: Present Commissioner - Cynthia Andrus: Present Commissioner - I-Ho Pomeroy: Present Staff Present: City Manager Chris Kukulski, City Attorney Greg Sullivan and City Clerk Stacy Ulmen. A. 05:00:56 PM Call to Order – 5 p.m. – Commission Room, City Hall, 121 North Rouse Deputy Mayor Taylor called the meeting to order at 5:00 p.m. B. 05:01:01 PM Pledge of Allegiance and a Moment of Silence 05:01:51 PM Deputy Mayor Taylor Deputy Mayor Taylor stated that Mayor Krauss will be absent this evening due to travel difficulties. 05:02:27 PM Motion and Vote to Authorize the Absence of Mayor Krauss. Commissioner - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd Mayor - Jeff Krauss: Absent Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve C. 05:02:44 PM Changes to the Agenda Deputy Mayor Taylor asked City Manager Chris Kukulski if there were any changes to the Agenda. City Manager Kukulski stated that there is a desire to re-arrange the Public Comment section. The Commission agreed to the change. D. 05:03:45 PM Consent 22 Minutes of the Bozeman City Commission Meeting, May 12, 2014 Page 2 of 10 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Approve the depository bonds and pledged securities as of March 31, 2014 (Rosenberry) 3. Approve a Beer and Wine License for The Saffron Table to sell beer and wine at 1511 West Babcock Street, Suite A (Rosenberry) 05:03:48 PM Public Comment on the Consent Agenda. Deputy Mayor Taylor opened public comment on the Consent Agenda. No person commented. Deputy Mayor Taylor closed public comment. 05:03:55 PM Motion and Vote to approve Consent items 1-3 as submitted. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Jeff Krauss: Absent Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 05:04:14 PM E. Public Comment Deputy Mayor Taylor opened General Public Comment. 05:04:43 PM Dave Drummond, Public Comment Mr. Drummond suggested that the discussion on the Non-Discrimination Ordinance be delayed because there is not a full Commission present. 05:05:27 PM Public Comment closed Deputy Mayor Taylor closed public comment. 05:05:29 PM F. Action Items 1. 05:05:34 PM Provisional Adoption of Ordinance 1890 Prohibiting Discrimination on the Basis of Sexual Orientation and Gender Identity or Expression (Sullivan) 05:05:39 PM Greg Sullivan, City Attorney Mr. Sullivan highlighted the suggested changes within the draft ordinance. He pointed out the areas of change based upon the Commission discussion from the April 28th meeting related to this item. 05:20:47 PM Questions for Staff The Commission and Staff discussed other cities in regards to private cause of action, new construction requirements, establishment of the 100 exemption amount, fraternities and charities inclusion and the protocol of approving the Ordinance including tie breaking if needed. 23 Minutes of the Bozeman City Commission Meeting, May 12, 2014 Page 3 of 10 05:28:02 PM Public Comment Deputy Mayor Taylor opened public comment. 05:31:16 PM Zane Williamson, Public Comment Mr. Williamson stated that he is opposed to the Non-Discrimination Ordinance. 05:31:49 PM Mike Ross, Public Comment Mr. Ross suggested proposed changes to the definitions section of the proposed Ordinance. 05:33:39 PM Father Gilbau, Public Comment Father Gilbau represents the Catholic Church and presented proposed changes to the definition of public accommodations. 05:36:31 PM Jeremiah Reece, Public Comment Mr. Reece spoke regarding charity organizations and his concerns about human dignity. He has concerns of separation if the Ordinance is passed. All parties should be protected. 05:38:47 PM Sonia Williamson, Public Comment Ms. Williamson asked the Commission to not vote for this Ordinance. 05:40:49 PM Ann Brigen, Public Comment Ms. Brigen stated that she is opposed to the Non-discrimination Ordinance. It is protecting a class of people. She spoke regarding proposed changes to 24.10.050. 05:43:17 PM Katherine Darling, Public Comment Ms. Darling spoke regarding harassment that she received because she rents to females only. She urged the Commission to think about unintended consequences. 05:46:41 PM Rick Gillis, Public Comment Mr. Gillis spoke in support of the proposed wording changes to the definition of public accommodations in the Non-discrimination Ordinance. 05:48:12 PM Robert Colar, Public Comment Mr. Colar stated that he is speaking in support of the proposed wording changes to the public accommodations section in the Non-discrimination Ordinance. 05:50:04 PM Theodor Foster, Public Comment Mr. Foster stated that he is opposed to the passage of the Non-discrimination Ordinance but if it is passed he is asking that the proposed changes as suggested earlier in public comment be made. 05:51:15 PM Mathew Buenrostro, Public Comment 24 Minutes of the Bozeman City Commission Meeting, May 12, 2014 Page 4 of 10 Mr. Buenrostro stated that he is a representative of the Grace Bible church and spoke regarding the section related to public accommodations in regards to churches and religious organizations. He spoke regarding his concern of the impacts. 05:53:51 PM Brad Wright, Public Comment Mr. Wright asked that the Commission not pass this ordinance but if the Commission must to make changes to the section pertaining to expressive services. 05:55:35 PM John Montoya, Public Comment Mr. Montoya stated that he is opposed to the Non-discrimination Ordinance and spoke regarding his concerns in regards to access to restrooms. 05:58:09 PM Roy Kelm, Public Comment Mr. Kelm stated that he opposes the ordinance because it takes away his religious freedom. He suggested that the changes that were mentioned earlier in public comment be made if the Commission passes the ordinance. 05:58:40 PM Evin Barret, Public Comment Mr. Barret stated that he supports the passage of the Non-discrimination Ordinance. 06:01:29 PM Cassidy Medicine Horse, Public Comment Ms. Medicine Horse spoke regarding hiding behind religion. Gender and Sex has nothing to do with each other. 06:06:19 PM Wolf, Public Comment Wolf stated that he filed a motion for injunction against the City. He spoke regarding Provision E within the proposed Non-discrimination Ordinance. He suggested tabling this Ordinance and instead establish a Commission to help people file claims. 06:09:38 PM William Bennett, Public Comment Mr. Bennett stated that this law already exists and is wondering why we are here. He suggested letting the legislature do their job. This is a big payoff to lawyers. 06:12:25 PM Anthony Smith, Public Comment Mr. Smith stated that the rules are getting out of hand. He stated spoke regarding his concerns of the divorce court system. He commends the Commission for bringing up the issue and that it is important to do something that matters. 06:14:19 PM Lousie Turner, Public Comment Ms. Turner asked that the Non-discrimination Ordinance not be adopted. Allow citizens equal justice. 06:16:32 PM Timmery, Public Comment Timmery spoke regarding conscience. 06:18:36 PM Laura LaRocco, Public Comment 25 Minutes of the Bozeman City Commission Meeting, May 12, 2014 Page 5 of 10 Ms. LaRocco stated that the Ordinance seems disapprobation, the voicing of intense disapproval. 06:20:19 PM Saddie Barrick, Public Comment Ms. Barrick stated her concerns are in the definitions under public accommodations and bathrooms. 06:21:22 PM Todd Hicks, Public Comment Mr. Hicks representing the Petra Academy spoke regarding the definition of Employer. 06:22:49 PM Richard Bennett, Public Comment Mr. Bennett spoke in support of the wording changes to the Public Accommodations section. 06:24:49 PM Sean Mackenzie, Public Comment Mr. Mackenzine spoke in support of the proposed Non-discrimination Ordinance. 06:26:04 PM Peter Young, Public Comment Mr. Young urged the Commission to not pass the Non-discrimination Ordinance. 06:28:25 PM Tate Chamberlin, Public Comment Mr. Chamberlin spoke regarding feeling discriminated against. 06:29:44 PM LaRoc Rocko, Public Comment Mr. Rocko stated that he served in the Marines. He feels that if this Non-discrimination Ordinance goes through, it is forced on him. 06:32:58 PM Kristen Evans, Public Comment Ms. Evans spoke regarding how this ordinance may impact Children. The passage of the Non-discrimination Ordinance would put her out of business as a councilor which is a good thing. Kids would feel protected having this type of protection. 06:36:19 PM Andrea Powers, Public Comment Ms. Powers stated that no matter how this turns out it opens up the conversation. She is a business owner. 06:37:42 PM Joshua Pummel, Public Comment Mr. Pummel stated that he has concerns with wording in regards to “Employer”. He should not be required to hire someone with a different set of beliefs. 06:40:06 PM Levi Barboa, Public Comment Mr. Barboa stated that he supports the Non-discrimination Ordinance. 06:41:58 PM Michelle Grobby, Public Comment Ms. Grobby spoke regarding “special rights”. 06:43:44 PM Kate French, Public Comment 26 Minutes of the Bozeman City Commission Meeting, May 12, 2014 Page 6 of 10 Ms. French urged the Commission to pass the Non-discrimination Ordinance. 06:45:25 PM Sharron Glick, Public Comment Ms. Glick stated that the Non-discrimination Ordinance sends a clear indication that Bozeman cares. 06:48:16 PM Ron Gumports, Public Comment Mr. Gumports spoke in support of the Non-discrimination Ordinance. 06:49:35 PM Alex Miller, Public Comment Mr. Miller spoke in support of the Non-discrimination Ordinance. 06:52:23 PM Mathew Hume, Public Comment Mr. Hume stated that in some sense this forces people to participate. 06:55:33 PM John Meyer, Public Comment Mr. Meyer stated that this is a historic moment. He spoke regarding special acceptations. 06:58:56 PM Charlie Keith, Public Comment Mr. Keith spoke regarding different privileges in society. 07:00:42 PM Nancy Thompson Flikima, Public Comment Ms. Flikima stated that this is not a lifestyle and that people are born this way. She spoke in support of the Non-discrimination Ordinance. 07:03:01 PM Steven Row, Public Comment Mr. Row spoke regarding some proposed changes to the Ordinance that would make him feel more comfortable about the Ordinance. 07:05:37 PM Arlene Guthrey, Public Comment Ms. Guthrey spoke in support of the wording changes in the Ordinance that were mentioned earlier in public comment. She spoke about living together and having a freedom to be who we are. 07:07:51 PM Don Bringam, Public Comment Mr. Bringham stated that it is important that we understand each other’s dignity. He spoke regarding his story. 07:10:41 PM Brian Flikima, Public Comment Mr. Flikima stated that the Ordinance is requesting that we all be treated the same. 07:13:37 PM Jess Pummel, Public Comment Mr. Pummel suggested designating a hotline. Please wait and gather some more data before passing this Ordinance. 07:16:05 PM Cyndy Wright, Public Comment 27 Minutes of the Bozeman City Commission Meeting, May 12, 2014 Page 7 of 10 Ms. Wright stated that she is opposed to the passage of the Non-discrimination Ordinance. 07:16:24 PM Tom Burnett, Public Comment Mr. Burnett stated that he is opposed to the Non-discrimination Ordinance. 07:18:15 PM Hannah Stark, Public Comment Ms. Stark spoke in support of the Non-discrimination Ordinance. 07:19:50 PM Daniel Mullan, Public Comment Mr. Mullan asked that the Commission use some reason when making this decision. 07:21:45 PM DeJa Malone Persia, Public Comment Ms. Persia spoke in support of the passage of the Non-discrimination Ordinance. 07:22:41 PM Carol Stahl, Public Comment Ms. Stahl urged the Commission to do the right thing and pass this. 07:26:09 PM Tina Rodriquez, Public Comment Ms. Rodriquez urged the Commission to pass the Non-discrimination Ordinance. 07:28:30 PM Chris Pummel, Public Comment Ms. Pummel spoke in opposition of the Non-discrimination Ordinance. 07:29:00 PM Christina Bockey, Public Comment Ms. Bockey read the first amendment. 07:30:47 PM Public Comment Closed Deputy Mayor Taylor closed public comment. 07:30:58 PM Break. Deputy Mayor Taylor declared a break. 07:41:54 PM Meeting called back to order Deputy Mayor Taylor called the meeting back to order. 07:42:21 PM Motion that having considered public testimony, I move to provisionally adopt Ordinance 1890. Commissioner - I-Ho Pomeroy: Motion Commissioner - Cynthia Andrus: 2nd 07:43:45 PM Commission Discussion The Commission discussed each of their positions on the Ordinance. 07:54:22 PM Deputy Mayor Taylor hands Gavel to Mayor Pro-Tem Mehl 28 Minutes of the Bozeman City Commission Meeting, May 12, 2014 Page 8 of 10 Deputy Mayor Taylor handed to gavel to Cr. Mehl so that he can make amendments to the Motion. 07:54:25 PM Amendment to the Main Motion to section 24.10.040 D. by changing the clause that reads; “excludes a fraternal, charitable, or religious association or corporation if the association or corporation…” to the following: “excludes a fraternal or religious association, religious school or religious corporation, if the association, school or corporation…” Deputy Mayor - Carson Taylor: Motion Commissioner - Cynthia Andrus: 2nd 07:55:20 PM Commission discussion on the Amendment The Commission discussed the amount of charitable organizations in the City, 08:00:14 PM Friendly amendment Cr. Andrus would like the word “neither” moved from “…or corporation is organized neither…” to “…or corporation is neither organized…” Deputy Mayor Taylor agreed to the friendly amendment 08:01:31 PM Vote on the Amendment to the Main Motion to section 24.10.040 D. by changing the clause that reads; “excludes a fraternal, charitable, or religious association or corporation if the association or corporation…” to the following: “excludes a fraternal or religious association, religious school or religious corporation, if the association, school or corporation…” and the friendly amendment of moving the word “neither” from “…or corporation is organized neither…” to “…or corporation is neither organized…” Deputy Mayor - Carson Taylor: Motion Commissioner - Cynthia Andrus: 2nd Mayor - Jeff Krauss: Absent Deputy Mayor - Carson Taylor: Approve Mayor Pro-tem - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 08:01:48 PM Amendment to the Main Motion to amend section 24.10.040 C and D to read as one section C. to read as follows: “Public Accommodation” does not include a church or other religious association or corporation or a private educational institution with a curriculum based in whole or in part upon religious faith, except to the extent that it maintains a place described in subsection (a), unless the service, goods or facilities are being provided for a purpose which is primarily religious in nature. 08:03:14 PM Discussion on the Amendment The Commission discussed the definition and gave examples of accommodations that would be exempt. 29 Minutes of the Bozeman City Commission Meeting, May 12, 2014 Page 9 of 10 08:08:45 PM Vote on the Amendment to the Main Motion to amend section 24.10.040 C and D to read as one section C. to read as follows: “Public Accommodation” does not include a church or other religious association or corporation or a private educational institution with a curriculum based in whole or in part upon religious faith, except to the extent that it maintains a place described in subsection (a), unless the service, goods or facilities are being provided for a purpose which is primarily religious in nature. Deputy Mayor - Carson Taylor: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Jeff Krauss: Absent Deputy Mayor - Carson Taylor: Approve Mayor Pro-tem - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 08:09:03 PM Amendment to the Main Motion to change section 24.10.040 Section J, subsection b. Change the number from “100 members” to “50 members”. Motion died due to a lack of a second. 08:09:47 PM Deputy Mayor Taylor Deputy Mayor Taylor spoke regarding his position on this amendment stating that the number is set on community size. 08:11:11 PM Gavel turned back over to Deputy Mayor Taylor 08:11:18 PM Commission Discussion on the Main Motion as amended. The Commission discussed accommodations. Each Commissioner discussed the reasoning behind their upcoming votes on this item 08:56:28 PM Vote on the Motion that having considered public testimony, I move to provisionally adopt Ordinance 1890 as amended. Commissioner - I-Ho Pomeroy: Motion Commissioner - Cynthia Andrus: 2nd Mayor - Jeff Krauss: Absent Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve E. 08:57:05 PM Public Comment Deputy Mayor Taylor opened Public Comment. No person commented. Deputy Mayor Taylor closed Public Comment. 30 Minutes of the Bozeman City Commission Meeting, May 12, 2014 Page 10 of 10 F. 08:57:13 PM FYI/Discussion G. 08:57:58 PM Adjournment Deputy Mayor Taylor adjourned the meeting at 8:57 p.m. ______________________________ Carson Taylor, Deputy Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, City Clerk Approved on ___________________________ 31