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HomeMy WebLinkAboutCC Minutes - 10/22/07 Meeting M I N U T E S Eugene City Council Regular Meeting Council Chamber—Eugene City Hall October 22, 2007 7:30 p.m. COUNCILORS PRESENT: Andrea Ortiz, Chris Pryor, Betty Taylor, Bonny Bettman, George Poling, Jennifer Solomon, Mike Clark, Alan Zelenka. Her Honor Mayor Kitty Piercy called the regular meeting of the Eugene City Council to order. 1. PUBLIC FORUM Mayor Piercy reviewed the rules of the Public Forum. Gary Rayor , 2373 Washington Street, noted that he had been a practicing civil engineer for 33 years. He related that he had been asked by a Crest Drive resident who was a bicyclist to review the area streets. He stated that the design of streets was governed by the Eugene Arterial/Collector Study. He said the study indicated that for City initiated projects after the process included input from affected property owners and affected persons the council approved the design the city engineer determined to be safe and functional. He recalled that the City Engineer had stated that a safe and functional street design had 10-foot wide lanes and shoulders. He averred that the resolution under consideration was more of a plan change and was not in accordance with the Eugene street development standards, the policy on geometric design of highways and streets, the American Association of State Highway and Transportation Officials (AASHTO) guide for the development of bike facilities, and it was not in conformance with the Oregon Bicycle and Pedestrian Plan. He questioned whether this was the correct way to amend the Eugene Arterial/Collector Study. He asked if it was wise for the council to consider less than the minimum city and national standards. He thought it would put the City into a potential liability situation. He underscored that the AASHTO codes were based on driver performance and one of the main tenets was “shy distance,” in that whenever a driver felt he or she MINUTES—Eugene City Council October 22, 2007 Page 1 Regular Meeting was getting close to something they edged over. He did not believe that anyone would be able to stay in a nine foot lane when passing a bicycle. Robert Bolman , 882 Almaden Street, averred that our children would be looking at their future in a world in which hundreds of millions of refugees would have their homes inundated with sea water. He predicted the world would become stricken with violence and famine in such a way that the tragic events in Darfur and Rwanda would seem minor. He did not want to hear excuses for inaction. He said the next generation would be “quite unimpressed” by such excuses. He had seen Secretary of State Bill Bradbury provide a slide show and related that an activist had asked Mr. Bradbury if he would be willing to stop clearcutting on public lands. He alleged that Mr. Bradbury had “squirmed” and said the state needed funds for schools. He agreed that funds were needed for schools but he also thought they needed a viable world for young people to be in. He alleged that Mr. Bradbury had “fallen back” on “plausible deniability” and had said that the leaders could not be expected to enact dramatic legislation for which there was not popular support. He asserted that the public was clueless, having been “dumbed down” by media corporations and made complacent by a world of comfort and consumerism. He declared that it was imperative for leaders to “go out on a limb” and do the things that need to be done. He predicted that such action would be strongly opposed by “pro-growth people.” He called the current situation “very grim.” Joe Collins , 2233 Hawkins Lane, registered complaints regarding the judicial system. He averred that people in Eugene could not trust “the cops or the D.A.” He said people should not accept a plea bargain in Lane County. John Monroe , 878½ Almaden Street, stated that he lived at Maitreya Eco-village and made his living doing home renovations. He was concerned that global warming was destroying the ability for people to live comfortably on the planet. He averred that people needed to reduce carbon emissions. He suggested that the City of Eugene put people to work making homes more insulated. He thought every home renovation that involved the opening of walls and floors could be required by code to include installation of a minimum amount of insulation. He said City codes could also require that no “thermal bridges” be left behind inside the walls and outside of the building. He recommended that codes be changed to require weather stripping around doors and windows on rental homes. He said this would help the economy by providing jobs and would help promote justice by ensuring that renters had homes that did not require a fortune to heat. He supported changing zoning laws so that a person could live in a house with five or more unrelated adults. MINUTES—Eugene City Council October 22, 2007 Page 2 Regular Meeting He added that people should also be allowed to live in simple dwellings made out of recycled and natural materials. He related that he had formerly been unemployed and homeless. He was grateful to have found an affordable home and to have learned a trade. Laura Mabee , 878½ Almaden Street, spoke regarding global warming and food production. She noted that she currently served in an Americorps position that taught grassroots gardening. She stated that food transport and production contributed CO² to the environment. She said the grassroots group produced approximately 50,000 pounds of food annually using volunteer work from a two acre property. She thought that instead of “subsidizing chain stores” with urban renewal funds the City should subsidize efforts to grow food within city boundaries. She asserted that every neighborhood could have a garden to produce food locally with a little effort. Coral Baekman , 878½ Almaden Street, related that she commuted to work on her bicycle almost every day and experienced the benefits of fresh air and exercise while spending less money. She stressed that the bicycle used no oil and emitted no pollution. She averred that people could be swayed to use alternative modes of transportation if the City provided more bicycle paths and lanes and perhaps put on community bicycle maintenance workshops and programs to provide bicycles to low-income people. John Flanery , 1641 West Broadway, averred that it might be too late to avoid catastrophic global warming. He said the polar ice caps were melting more quickly than projected and methane was being released from the thawing of the tundra at a much faster rate than had been anticipated. He asserted that if the Amazon River dried out approximately 200 gigatons of carbon emissions would be released and this was considered to be a “tipping point.” He supported gearing the transportation system so that it did not rely on cars, increasing the use of insulation in houses, and fostering more local food production. Skye Rios , 880 Almaden Street, said he was a junior at South Eugene High School and had volunteered with Lane County’s Department of Families and Children to make a film on homeless people in Eugene. He also was involved with the Leadership Education Adventure Direction (LEAD) teen program for the past five years. He thought the City of Eugene should do all it could to educate its residents about how to reduce carbon emissions. He related that he was part of a production called The Sustainability Ship Meets Titanium, a musical about global warming performed by ten young people. He said after the performances the young people provided a talk-back in which they discussed ways people could reduce their carbon MINUTES—Eugene City Council October 22, 2007 Page 3 Regular Meeting emissions by changing their habits. He suggested that the City of Eugene prioritize education in schools and other community groups by providing funding to the program he was involved in and others like it. Becky Riley , 202 Hawthorne Street, observed that Eugene’s location in the southern end of the valley impacted its air quality given the air flow patterns. She had noticed, in particular, the diesel and fumes that came from the railroad yards. She related that she had attended Lane Regional Air Protection Agency (LRAPA) meetings and had closely followed the agency’s decision-making. She wished to voice her endorsement for the appointments of Drew Johnson and Kit Kirkpatrick to the LRAPA board. She noted that Mr. Johnson had served on the Board for two and a half years. She felt his “considerable knowledge of air regulations” had made him well-qualified to assess the programs of LRAPA. She stated that Ms. Kirkpatrick had owned and operated a least toxic pet control company and was a past chair of the River Road Community Organization (RRCO). She related that recently Ms. Kirkpatrick had been involved in an effort to bring grass seed farmers and community members together to improve communications and mediate solutions. She felt that both individuals would be consistent voices for clean air. William Ivanoff , 1810 Harris Street, #336, agreed with the “republican statement” that throwing money at a problem never fixed it. He declared that the problems with the downtown area were not solely located in the downtown area. He said the council should look at the transportation and land use policies and the history of the entire city and which policies had worked and which had failed. He averred that patterning development activities after other city’s work resulted in failures for Eugene. He felt that no matter how much money the City “gave” to developers or how much money voters authorized, the development in the downtown area would fail after a period of time because the land use and transportation patterns had not been considered. Mayor Piercy closed the Public Forum and called on the council for questions and remarks. She acknowl- edged that a year round farmers’ market was often discussed. She noted that the former public safety station in the Whiteaker neighborhood was being converted into a coffee shop with a farmers’ market and a place “for doing poetry.” She said the City had been focused on how to promote a greater use of bicycles. Councilor Clark said he was very supportive of the farmers’ market. He noted that he had enjoyed watching Mr. Bolman’s family on the show Wife Swap. MINUTES—Eugene City Council October 22, 2007 Page 4 Regular Meeting Councilor Ortiz thanked everyone for testifying. She noted that Mr. Collins had referred to the shooting death of a young man she was familiar with and expressed her unhappiness with his comments. She said justice was sometimes in the eyes of the beholder, depending on what side of an issue one was on. Councilor Ortiz was grateful to the young people who were putting on the show about global warming. She said you could not talk about it enough. Councilor Zelenka thanked everyone who came to talk about global warming. He said to keep up the good work and keep talking about it. MINUTES—Eugene City Council October 22, 2007 Page 5 Regular Meeting 2. CONSENT CALENDAR A. Approval of City Council Minutes - October 1, 2007, Boards, Commissions, and Committees Interviews - October 3, 2007, Boards, Commissions, and Committees Interviews B. Approval of Tentative Working Agenda Councilor Ortiz, seconded by Councilor Pryor, moved to approve the items on the Consent Calendar. Roll call vote; the motion passed unanimously, 8:0. MINUTES—Eugene City Council October 22, 2007 Page 6 Regular Meeting 3. ACTION: Street Design Standards for Crest Drive Area City Manager Pro Tem Angel Jones stated that this item had been before the council several times and that staff was available to answer any questions. Councilor Ortiz, seconded by Councilor Pryor, moved to adopt Resolution 4919, a resolu- tion concerning streets widths in the Crest Drive area, and amending the City’s design stan- dards and guidelines for the Eugene streets, sidewalks, bikeways and accessways, the Eugene Arterial and Collector Street Plan, and the Eugene Local Street Plan. Councilor Bettman offered a friendly amendment to revise finding (g) in proposed Resolu- tion 4919, as follows: “Although Resolution No. 4608 adopting the Design Standards and Guidelines con- tained a provision authorizing administrative amendments to the Design Standards and Guidelines, the proposal to approve a minimum street width of 18 feet encompasses a wide range of community interests that are more appropriate for the City Council to re- solve including safety, efficiency, impact to adjacent and surrounding residents, and costs assessed to affected property owners.” The maker and the second accepted the friendly amendment. Councilor Clark stressed that his first and foremost concern had been safety. He said he was sufficiently decided that a nine-foot lane width would increase safety. He had a high degree of faith in the City’s Public Works Department and its ability to construct something that would take into consideration all of the neighbors’ recommendations and something that would be safe. He added that the council had given its word to the neighborhood that if people came together and built consensus about what would suit the people who lived there that the council would honor that work. He also felt that the people who would be paying the most for the street development would be those who had property with street frontage and their preferences should be given the greatest consideration. MINUTES—Eugene City Council October 22, 2007 Page 7 Regular Meeting Councilor Pryor said he had given this item a lot of thought. He was willing to support an 18-foot street width, but he wanted to make clear that the safety that school children, pedestrians, and bicyclists had to be addressed. He also wanted the safety of large vehicles such as school buses to be addressed. Roll call vote; the motion passed unanimously, 8:0. Councilor Zelenka thanked the members of the Crest Drive Community Team for their work. Councilor Taylor also extended her congratulations. She hoped the council could find a way to help with assessments, possibly from the contributions of people who reside on cul de sacs. MINUTES—Eugene City Council October 22, 2007 Page 8 Regular Meeting 4. ACTION: An Ordinance Amending the Willakenzie Area Plan Inset Map D and Text; Amending Section 9.9700 of the Eugene Code, 1971; Amending the Eugene Zoning Map; and Adopting a Severabil- ity Clause (Summer Oaks/Crescent Center) Councilor Ortiz, seconded by Councilor Pryor, moved that the City Council adopt Council Bill 4956, an ordinance amending the Willakenzie Area Plan Inset Map D and text. Councilor Bettman opposed the motion. She asserted that the policy changes were not consistent with the Eugene Code 9.8424(2). She disagreed with City staff’s conclusion that it was consistent with (c) and (e) of that section. She felt the argument staff made was that standards had been “lowered” in adjacent areas so it could be “lowered” in this area as well. She averred that the City spent “exorbitant amounts of money” on refinement plans and zoning codes and the nodal areas and now the City had turned the nodal areas into regional commercial areas. Councilor Taylor concurred with Councilor Bettman. She asked staff if there were compelling reasons to make the change. Alissa Hansen, Senior Planner for the Planning and Development Department (PDD), stated that the Planning Commission had voted to forward a recommendation of approval to the City Council based on the findings that were attached to the ordinance. Councilor Taylor did not think the City should make the change. Roll call vote; the motion passed, 5:3; councilors Zelenka, Taylor, and Bettman voting in opposition. MINUTES—Eugene City Council October 22, 2007 Page 9 Regular Meeting 5. ACTION: An Ordinance Providing for an Intergovernmental Agreement to Establish a Regional Fiber Consortium for the Ownership and Operation of a Fiber Optic System; and Repealing Ordinance No. 20181 Councilor Ortiz, seconded by Councilor Pryor, moved that the City Council adopt Council Bill 4957, an ordinance providing for an intergovernmental agreement to establish a re- gional fiber consortium. Roll call vote; the motion passed unanimously, 8:0. MINUTES—Eugene City Council October 22, 2007 Page 10 Regular Meeting 6. ACTION: An Ordinance Granting Comcast of Oregon II, Inc., an Additional Term and Franchise Renewal for the Operation of a Cable Communications System; Amending Ordinance 19775; Adopting a Severability Clause; and Providing an Effective Date Councilor Ortiz, seconded by Councilor Pryor, moved that the City Council adopt Council Bill 4958, an ordinance granting Comcast of Oregon II, Inc., an additional term and fran- chise renewal. Councilor Taylor said she would support the motion but would do so “reluctantly.” She did not feel this ordinance was in the interest of the consumer. Roll call vote; the motion passed unanimously, 8:0. MINUTES—Eugene City Council October 22, 2007 Page 11 Regular Meeting 7. ACTION: An Ordinance Concerning the Police Commission and Amending Sections 2.013 and 2.368 of the Eugene Code, 1971 Councilor Ortiz, seconded by Councilor Pryor, moved that the City Council adopt Council Bill 4959, an ordinance concerning the Police Commission. Roll call vote; the motion passed unanimously, 8:0. MINUTES—Eugene City Council October 22, 2007 Page 12 Regular Meeting 8. ACTION: Appointments to Boards, Commissions, and Committees Human Rights Commission Councilor Ortiz, seconded by Councilor Pryor, moved to reappoint Ibrahim Hamide to Po- sition 1 on the Human Rights Commission for a three-year term beginning November 1, 2007, and ending on October 31, 2010. Roll call vote; the motion passed unanimously, 8:0. Councilor Ortiz, seconded by Councilor Pryor, moved to reappoint Reza Paloma to Position 3 on the Human Rights Commission for a three-year term beginning November 1, 2007, and ending on October 31, 2010. Roll call vote; the motion passed unanimously, 8:0. Councilor Ortiz, seconded by Councilor Pryor, moved to reappoint Christina Greening to Position 6 on the Human Rights Commission for a three-year term beginning November 1, 2007, and ending on October 31, 2010. Roll call vote; the motion passed unanimously, 8:0. Councilor Ortiz, seconded by Councilor Pryor, moved to appoint Twila Souers to Position 2 on the Human Rights Commission for a three-year term beginning November 1, 2007, and ending on October 31, 2010. Roll call vote; the motion passed unanimously, 8:0. Councilor Ortiz, seconded by Councilor Pryor, moved to appoint Jon Belcher to Position 7 on the Human Rights Commission, the unexpired term of James Garcia for a term begin- ning November 1, 2007, and ending on October 31, 2008. Roll call vote; the motion passed unanimously, 8:0. Councilor Ortiz, seconded by Councilor Pryor, moved to appoint Marieke (Mo) Young to Position 10 on the Human Rights Commission, the unexpired term of Jeremiah Megowan for a term beginning November 1, 2007, and ending on October 31, 2009. Roll call vote; the motion passed unanimously, 8:0. MINUTES—Eugene City Council October 22, 2007 Page 13 Regular Meeting Councilor Ortiz, seconded by Councilor Pryor, moved to appoint Linda Hamilton to Posi- tion 14 on the Human Rights Commission, the unexpired term of Carmen Urbina for a term beginning November 1, 2007, and ending on October 31, 2009. Councilor Taylor moved to substitute Mindy Frisbee for Linda Hamilton. The motion died for lack of a second. Roll call vote; the motion passed, 7:1; Councilor Taylor voting in opposition. Mayor Piercy congratulated the appointees. Sustainability Commission Councilor Ortiz, seconded by Councilor Pryor, moved to waive the Eugene Urban Growth Boundary residency requirement for applicants applying and appointed to the Sustainability Commission. Councilor Bettman objected to the motion. She did not feel there had been public input on this when the code had been adopted. She underscored that the Sustainability Commission was funded by the City and given the fact that there were 73 applicants there was a lot of interest on the part of people who resided in the City of Eugene in serving on the commission there was no need to allow people who lived outside of the Urban Growth Boundary (UGB) to serve on it. Roll call vote; the motion passed, 5:3; councilors Ortiz, Taylor, and Bettman voting in op- position. Councilor Ortiz, seconded by Councilor Pryor moved to appoint Rusty Rexius to Position 1 on the Sustainability Commission for a two-year term beginning November 1, 2007, and ending on October 31, 2009. Roll call vote; the motion passed, 6:2; councilors Bettman and Taylor voting in opposition. MINUTES—Eugene City Council October 22, 2007 Page 14 Regular Meeting Councilor Ortiz, seconded by Councilor Pryor, moved to appoint Lorraine Kerwood to Po- sition 2 on the Sustainability Commission for a two-year term beginning November 1, 2007, and ending on October 31, 2009. Roll call vote; the motion passed, 6:2; councilors Bettman and Taylor voting in opposition. Councilor Ortiz, seconded by Councilor Pryor, moved to appoint Lisa Arkin to Position 3 on the Sustainability Commission for a two-year term beginning November 1, 2007, and ending on October 31, 2009. Councilor Poling, seconded by Councilor Clark, moved to substitute David Funk for Lisa Arkin for Position 3 on the Sustainability Commission. Councilor Bettman asserted that it was “a good thing that [the council] articulated in the ordinance a chance for Wards 1 and 2 to have some representation on the Sustainability Commission because if it were a majority” there would be a majority of conservatives on the commission. Councilor Poling said the reason he substituted Mr. Funk had nothing to do with what ward he resided in or his political alignment; it was because he had been very active in sustainability from the “very start” and it was important to have that history. Councilor Solomon commented that the concept of equal ward representation on the Sustainability Commission fell on “deaf ears” for her given that she had tried to make that argument when making appointments to both the Budget Committee and the Planning Commission. She said she was willing to implement that kind of policy but it would have to apply to all appointments. Councilor Bettman remarked that Ms. Arkin had also served on the Sustainability Task Force and asserted that she knew “her way around the Legislature.” She felt Ms. Arkin’s credentials were “stellar.” Mayor Piercy said both Ms. Arkin and Mr. Funk were very good people. She felt the characterization was unwarranted and unfair. Councilor Taylor thought it was strange to substitute anyone for Ms. Arkin. MINUTES—Eugene City Council October 22, 2007 Page 15 Regular Meeting Roll call vote; the motion passed, 5:3; councilors Ortiz, Bettman, and Taylor voting in op- position. Councilor Ortiz, seconded by Councilor Pryor, moved to appoint Josh Bruce to Position 4 on the Sustainability Commission for a two-year term beginning November 1, 2007, and ending on October 31, 2009. Councilor Zelenka, seconded by Councilor Ortiz, moved to substitute Lisa Arkin for Josh Bruce for Position 4 on the Sustainability Commission. Roll call vote; the vote was a tie, 4:4; councilors Bettman, Zelenka, Taylor, and Ortiz voting in favor and councilors Poling, Pryor, Solomon, and Clark voting in opposition. Mayor Piercy voted for the substitution and the motion passed. Mayor Piercy congratulated the appointees. Toxics Board Councilor Ortiz, seconded by Councilor Pryor, moved to reappoint David Doll to Position 2, a business representative on the Toxics Board for a three-year term beginning on No- vember 1, 2007, and ending on October 31, 2010. Roll call vote; the motion passed unani- mously, 8:0. Councilor Ortiz, seconded by Councilor Pryor, moved to appoint Cynthia Kokis to Position 5, an advocacy representative on the Toxics Board for a three-year term beginning on No- vember 1, 2007, and ending on October 31, 2010. Roll call vote; the motion passed unani- mously, 8:0. Mayor Piercy congratulated the appointees. Whilamut Natural Area Citizen Planning Committee MINUTES—Eugene City Council October 22, 2007 Page 16 Regular Meeting Councilor Ortiz, seconded by Councilor Pryor, moved to reappoint Charles Biggs to Posi- tion 8 on the Whilamut Natural Area Citizen Planning Committee for a three-year term be- ginning November 1, 2007, and ending on October 31, 2010. Roll call vote; the motion passed unanimously, 8:0. Councilor Ortiz, seconded by Councilor Pryor, moved to reappoint Howard Bonnett to Po- sition 9 on the Whilamut Natural Area Citizen Planning Committee for a three-year term beginning November 1, 2007, and ending on October 31, 2010. Roll call vote; the motion passed unanimously, 8:0. Councilor Ortiz, seconded by Councilor Pryor, moved to appoint William Hughes to Posi- tion 1 on the Whilamut Natural Area Citizen Planning Committee for a three-year term be- ginning November 1, 2007, and ending on October 31, 2010. Roll call vote; the motion passed unanimously, 8:0. Councilor Ortiz, seconded by Councilor Pryor, moved to appoint Susan Reddoor to Position 2 on the Whilamut Natural Area Citizen Planning Committee for a three-year term begin- ning November 1, 2007, and ending on October 31, 2010. Roll call vote; the motion passed unanimously, 8:0. Mayor Piercy congratulated the appointees. Police Commission Councilor Ortiz, seconded by Councilor Pryor, moved to reappoint John Hare to Position 1 on the Police Commission for a four-year term beginning November 1, 2007, and expiring October 31, 2011. Roll call vote; the motion passed unanimously, 8:0. Councilor Ortiz, seconded by Councilor Pryor, moved to appoint Jaun Carlos Valle to Posi- tion 2 on the Police Commission for a four-year term beginning November 1, 2007, and ex- piring October 31, 2011. Roll call vote; the motion passed unanimously, 8:0. MINUTES—Eugene City Council October 22, 2007 Page 17 Regular Meeting Councilor Ortiz, seconded by Councilor Pryor, moved to appoint Brook Dodge to Position 3 on the Police Commission for a four-year term beginning November 1, 2007, and expiring October 31, 2011. Roll call vote; the motion passed unanimously, 8:0. Councilor Ortiz, seconded by Councilor Pryor, moved to appoint Timothy Mueller to Posi- tion 8 on the Police Commission for a four-year term beginning November 1, 2007, and ex- piring October 31, 2011. Roll call vote; the motion passed unanimously, 8:0. Mayor Piercy congratulated the appointees. Lane Regional Air Protection Agency Councilor Ortiz, seconded by Councilor Pryor, moved to reappoint Drew Johnson to Posi- tion 4 on the Lane Regional Air Protection Agency Board of Directors for a three-year term beginning November 1, 2007, and expiring October 31, 2010. Roll call vote; the motion passed, 7:1; Councilor Solomon voting in opposition. Councilor Ortiz, seconded by Councilor Pryor, moved to appoint Kit Kirkpatrick to Posi- tion 2 on the Lane Regional Air Protection Agency Board of Directors for a three-year term beginning November 1, 2007, and expiring October 31, 2010. Councilor Clark, seconded by Councilor Solomon, moved to substitute Earl Conan for Kit Kirkpatrick for Position 2 on the Lane Regional Air Protection Agency Board of Directors. Roll call vote; the motion failed, 5:3; councilors Solomon, Clark, and Poling voting in fa- vor. Roll call vote; the motion to appoint Kit Kirkpatrick to Position 2 of the Lane Regional Air Protection Agency Board of Directors passed, 5;3; councilors Poling, Clark, and Solomon voting in opposition. The meeting adjourned at 8:27 p.m. MINUTES—Eugene City Council October 22, 2007 Page 18 Regular Meeting Respectfully submitted, Angel Jones City Manager pro tem (Recorded by Ruth Atcherson) MINUTES—Eugene City Council October 22, 2007 Page 19 Regular Meeting