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HomeMy WebLinkAboutCC Minutes - 11/26/07 Meeting NAME OF MEETING: Eugene City Council DATE OF MEETING: November 26, 2007—Regular Meeting TO: Vicki Cox RECORDED BY: Ruth Atcherson = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = R O U T I N G I N F O R M A T I O N 1/6/08rma Draft to Staff (Date & Initials) 6/13/08kb Reviewed/Returned by Staff Returned to Minutes Recording Proofed/Revised by Minutes Recording Returned to Staff __6/20/08vc ____ Council Amendments Incorporated = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = M I N U T E S Eugene City Council Regular Meeting Council Chamber—Eugene City Hall November 26, 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 at 7:38 p.m. 1. CEREMONIAL MATTERS - Innovations in American Government Finalist Award: Landbanking Program for Affordable Housing Mayor Piercy introduced Stephanie Jennings, Housing Finance Analyst for the Community Development Division, and asked her to explain the award. Ms. Jennings presented the award from the Harvard University Ash Institute for Democratic Governance and Innovation. She explained that the City had received a $10,000 grant to help other communities emulate and replicate its landbanking program. There was a round of applause. Ms. Jennings stated that the City had purchased its first landbank site in 1979 and since then over 90 acres of land had been acquired for the purpose of developing affordable housing. She said over 500 units of affordable housing had been constructed and another 200 units were underway. Mayor Piercy remarked that a good home was a critical foundation to school, work, and life but there were too many people in Eugene who did not have access to affordable housing. Certificates of appreciation were awarded to John VanLandingham, Norton Cabell, Rob Bennett, Robin Johnson, Sunnae Murray, Terry McDonald for St. Vincent DePaul, Metropolitan Affordable Housing Corporation, Jim McCoy for the Housing and Community Service Agency, Sandy Halonen for the Neighborhood Economic Development Corporation, Mel Menegat for the Eugene Water & Electric Board and Lane County. - 2007 Annual Fitness Leadership Award: Randall Rogers, Kidsports Mayor Piercy presented the 2007 Annual Fitness Leadership Award, which is issued annually by the Oregon Governor’s Council on Physical Fitness and Sports, in recognition of individuals who make significant MINUTES—Eugene City Council November 26, 2007 Page 1 Regular Meeting contributions in the area of physical fitness, to Randall Rogers, Managing Director of Kidsports. She spoke glowingly of Mr. Rogers’ work to improve the quality of life for the youth in this area. Additionally, Mayor Piercy stated that the City of Eugene had been honored for promoting health and fitness through its recreation programs. Patty Prather, Recreation Programmer for the Library, Recreation, and Cultural Services Department, accepted the award. They received a round of applause. 2. PUBLIC FORUM Mayor Piercy reviewed the rules of the Public Forum. William Ivanoff , 1810 Harris Street, #336, said pressing issues in the City of Eugene that needed to be addressed included downtown development, the budget, the City’s sustainability mission, and the reputation of the City’s police officers. He suggested that police officers be assigned to walking beats. He thought this would decrease maintenance costs on the patrol vehicles and on streets by reducing vehicle use. He felt that having the police become more of a presence would deter crime downtown and make the area more attractive to businesses, customers, and developers. He averred that having officers on foot would provide an opportunity for people who did not trust the police to interact with them and gain trust. Lisa Warnes , 5020 Nectar Way, declared that the citizens did not want to increase spending for the urban renewal project, as evidenced by the recent vote. She likened this to a mandate for more incremental development. She believed that urban renewal would take money from other things. She opined that the approach adopted by KWG Development Partners was risky. She thought it was a gamble to rely on larger franchised stores to pay higher rents to do business. She averred that chain stores were “notorious” for leaving when the numbers “did not pencil out.” She agreed that “something” needed to happen downtown. She supported moving forward and getting “some realistic projects” on the table. Joe Collins , 2233 Hawkins Lane, said he had been attending council meetings for months and had been impressed by the evidence he had seen of the council’s involvement. He read a segment from the Register- Guard regarding downtown redevelopment and the recent vote in opposition of the increase in debt threshold for the urban renewal district. He noted that Mayor Piercy had been quoted in the newspaper as having said that everyone wanted the downtown reinvigorated. He disagreed. He believed that the majority of people did not care about the downtown. He remarked that the “spending campaign” needed to stop as there was a $50 million Federal shortfall ahead. He did not see much concern about the shortfall on the part of the council. He observed that there was a lot of talk of buying property to resell, buying property to save the headwaters of Amazon Creek, building a new City Hall, buying new land to add to another park, and constructing a new police building. He asked when the council would face the shortfall and when it would “face the fact” that most people did not want what the council wanted. He said he was more concerned about the number of people who wanted to kick their drug habits but there were no programs for them. He was also concerned about the people who were mentally ill who needed counseling, the poor people who needed dental and medical care, and people who were homeless. He asked whose job it was to improve things for all of Eugene. He believed it was the council’s job. He supported less development and “more soul.” MINUTES—Eugene City Council November 26, 2007 Page 2 Regular Meeting Zachary Vishanoff , Ward 3, related that he had noticed that the Sustainable Business Initiative meeting did not include time for public input. He supported the inclusion of public input in those meetings. Mr. Vishanoff averred that siting the proposed City Hall at the current location would preclude adaptive reuse of the existing building. He believed that many people wanted a public hearing on this issue. He supported the integration of sustainability into historic preservation. He added his feeling that the City was “colluding” with the university on the basketball arena. He felt the existing basketball arena was well-loved and there was not public support for a new one. He remarked that “super projects” affect peoples’ lives. He felt that everyone had to “stay away” from the arena project because it would cause “human rights violations” should the university decide to exercise eminent domain. th Gail Newton , 1885 West 24 Avenue, spoke in support of the solid fuel space heating device ordinance. She said it would tighten the standard for small heating devices that put out particulate matter. She related that she had spent the past weekend “suffering” from her neighbor’s wood stove. She noted that she had filed a complaint with the Lane Regional Air Protection Agency (LRAPA) and had been informed that the ordinance was on the evening’s agenda. She hoped that the tighter restrictions would bring more public awareness regarding the effect particulate matter had on peoples’ health. th George Brown , 60 West 17 Avenue, reiterated that the voters had rejected the increase in urban renewal spending. He opined that it was time to sunset both of the urban renewal districts after the library was paid off in 2009. He believed that voters wanted to divert the money into street repairs, schools, the general fund, and social services. He thought the money could also be utilized to address the “looming budget deficit.” He declared that voters had indicated with their votes that they wanted the money not to go to “private speculation,” but rather to sustain the infrastructure. He said in the meantime the City needed to “roll up its sleeves” and get to work filling the holes in the downtown area with housing. Mayor Piercy closed the Public Forum. In response to a concern expressed about the lack of public comment allowed at the Sustainability Commission meeting, she clarified that it had been the first meeting and once it started more regular meetings there would be a portion of the agenda dedicated to public comment. She also wished to welcome the Boy Scout troop that was visiting the council meeting. She called on the council for questions and remarks. Councilor Clark stated, in response to Mr. Ivanoff’s testimony, that there were a couple of foot patrol officers who walked beats in the downtown area every day. He also extended a warm welcome to the visiting Boy Scout troop. Councilor Zelenka reiterated that the City was not involved in the university’s use of eminent domain. He did not condone taking such action. He remarked that the arena project would be the largest project built in Lane County “ever.” He felt it behooved the City and the council to take a close look at it. He said University or Oregon President David Frohnmayer had agreed to a process to address the concerns expressed by neighborhood residents. Councilor Zelenka underscored that the first meeting of the Sustainability Commission had been to outline agreements and rules. Councilor Ortiz also welcomed the Boy Scouts to the meeting. She asked if the process for the first Sustainability Commission had been part of the training effort for new board, commission, committee, and work group members that she had requested. City Manager Angel Jones affirmed that it was. MINUTES—Eugene City Council November 26, 2007 Page 3 Regular Meeting Councilor Bettman thanked everyone for coming to the meeting. She asked to what extent the City was working with the University of Oregon regarding the planned arena. She asked if the State was planning condemnation and whether it would include properties to the north of Franklin Boulevard. Ms. Jones replied that staff would generate a memorandum with the requested information. Councilor Taylor thanked everyone for coming. She felt that Mr.Vishanoff had a good point regarding adaptive reuse of the existing City Hall facility. Councilor Zelenka stated that the University of Oregon had the right to eminent domain but had never used it. He added that at this point only one property on the proposed arena site was in dispute and it was south of Franklin Boulevard. 3. CONSENT CALENDAR A. Approval of City Council Minutes - October 4, 2007, Workshop - October 10, 2007, Work Session - October 22, 2007, City Council Meeting B. Approval of Tentative Working Agenda Councilor Ortiz, seconded by Councilor Pryor, moved to approve the items on the Consent Calendar. Mayor Piercy noted that Councilor Bettman had submitted minutes’corrections and deemed them, without objection, approved. Councilor Bettman stated that the Tentative Agenda indicated that the council would be ratifying the United Front on December 10. Ms. Jones indicated that the item had been moved to the meeting scheduled for January 14. Roll call vote; the motion passed unanimously, 8:0. 4. ACTION: An Ordinance Concerning Solid Fuel Space Heating Devices, and Amending Section 6.250 of the Eugene Code, 1971 Ms. Jones stated that LRAPA staff was available to answer any questions. Councilor Ortiz, seconded by Councilor Pryor, moved that the City Council adopt Council Bill 4961, an ordinance concerning solid fuel space heating devices. In response to a question from Councilor Clark, LRAPA Director Merlyn Hough stated that the area had not experienced a Red Day since the previous ordinance had been adopted in 1991. Councilor Clark asked how many people Mr. Hough thought would be fined on Red Days. Mr. Hough replied that two variables would impact the potential for Red Days: the weather and cooperation on Yellow Days as this would help to avoid Red Days. He said the change in standards would likely cause a small increase in the number of Red Days. MINUTES—Eugene City Council November 26, 2007 Page 4 Regular Meeting He noted that the standards were set at the national level. He explained that the Clean Air Scientific Advisory Committee, formed by Congress, advised the EPA on those standards. He said the committee was charged with reviewing the standards every five years in relation to health studies and the most current information. He related that there has come to be more focus on the smaller particulate matter in smoke, as opposed to the previous focus on total particulate matter. In response to a follow-up question from Councilor Clark, Mr. Hough explained that on Green Days people would be encouraged to burn cleanly, on Yellow Days people would be asked to burn less, and if pollution levels continued to rise it would become a first stage Red Day. He said there was a potential for between five and ten finable complaints. He noted that a first offense would result in a fine of $50, a second offense if it occurred within a three-year period was a $100 fine, and so on. Councilor Clark asked how many days the particulate matter had exceeded 35 micrograms per cubic meter in 2006. Mr. Hough recalled that there had been a couple of days that had reached that level. Councilor Clark asked if the City of Springfield and Lane County had adopted similar ordinances. Mr. Hough replied that neither entity had yet adopted it, but both would consider it soon. He added that the City of Oakridge had already adopted the new standards. Councilor Clark expressed some concern about the “drastic amount” of change to the standards the ordinance would bring. He felt to do so right before a cold winter would cause people to be fined for trying to keep warm. He acknowledged the desire to curb smoke and particulate matter in the airshed. Councilor Taylor thanked Mr. Hough for his input to the meeting. She supported the ordinance because it would promote the health of the community. In response to a question from Councilor Zelenka, Mr. Hough affirmed that the ordinance would make the Eugene law in accordance with the new Federal standards. Councilor Zelenka asked if the fine would ratchet up per occurrence. Mr. Hough reiterated that it would. Mr. Hough expressed appreciation for Councilor Taylor’s service on the LRAPA board. Councilor Ortiz asked how the ordinance would be enforceable. Mr. Hough responded that LRAPA received over 1,000 complaints on average per year. He had been impressed by the responsiveness LRAPA had exhibited to the complaints. He said typically there was a call to the complainant if additional information was needed, and if it was clear who was generating the source of the complaint, they made a call to that person explaining that concern had been registered, and to provide information on burning wood in a way that has the least impact on neighbors. He added that each complaint was different and sometimes it took more than one call to resolve them. He asked Sally Markos, a Public Information and Outreach specialist for LRAPA, to provide more detail. Ms. Markos explained that there was a dedicated complaint line. All complaints were recorded and there was a space on the complaint form to check if the person wanted a callback. She related that if there was more than one call about the same address, she and the other outreach person would visit the home. She said sometimes it worked and other times they would be met with opposition. She recalled that during her tenure in this position they had yet to cite anyone. She said the next step involved sending people to enforce MINUTES—Eugene City Council November 26, 2007 Page 5 Regular Meeting the local burning ordinance who were trained smoke spotters and could read smoke opacity as it came from a chimney. Councilor Solomon asked if the smoke readers were the sole particulate measurement method. Mr. Hough replied that smoke reading was the same testing mechanism used to evaluate emissions from an industrial source. He added that smoke readers were required to pass a specific test to measure the accuracy of their readings. Roll call vote; the motion passed, 6:2; councilors Solomon and Clark voting in opposition. 5. ACTION: Appointments to Boards, Commissions, and Committees Budget Committee Councilor Ortiz, seconded by Councilor Pryor, moved to reappoint Terrance McDonald to Position 2 on the Budget 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 Kate Davidson to Position 7 on the Budget Committee for a three-year term beginning November 1, 2007, and ending on October 31, 2010. Councilor Solomon, seconded by Councilor Poling, moved to substitute Rich Gaston for Kate Davidson for Position 7 on the Budget Committee. Councilor Solomon said Mr. Gaston had been a good Budget Committee member. She underscored that he came to meetings prepared and that he participated well. She did not wish to waste the expertise he had gained by participating in the process. Councilor Clark asked when last a person who reapplied had not been reappointed. Council, Public, and Government Affairs Manager, Mary Walston, responded that a person had failed to be reappointed five years ago. Councilor Clark remarked that he found it unfortunate to have someone who was doing a good job for the City be precluded from serving again. He did not understand the basis on which the council would make a decision to not accept his volunteer effort. Councilor Bettman indicated she would support the original motion and not the amendment. She said one reason Mr. Gaston should not be appointed was that the citizen members of the Budget Committee included only two women at this time. Councilor Pryor commented that it was questionable to find someone who was serving, no longer worthy. He averred that he would want to replace someone if that person was not doing the job “properly.” He felt Mr. Gaston had served with distinction and done a great job. He underscored that there was no way a person could say that his performance on the Budget Committee would warrant his not being reappointed. He observed that the council had reappointed many people and could not say this change was based in a MINUTES—Eugene City Council November 26, 2007 Page 6 Regular Meeting desire for “fresh blood.” He asked if this effort to replace Mr. Gaston could be because he did not “somehow fit a profile, match some characteristic … [was] not a political crony.” He felt this change was tantamount to saying to him “you serve until I find I like someone better.” He opined that this vote was political. Councilor Poling concurred with councilors Pryor and Solomon. He stated that Mr. Gaston had a better attendance record than some of the people who currently served on the Budget Committee. He averred that gender was a non-argument when serving on a board or commission. He felt it wrong to appoint someone to a committee without conducting an interview. He stated that Mr. Gaston had done a good job and deserved to be reappointed. Councilor Bettman declared that politics was the reason Mr. Gaston was appointed in the first place. She felt the Budget Committee votes had tended to be conservative because the City had a “much more conservative Budget Committee.” She averred that this was an attempt to bring a fresh perspective into the committee. She added her feeling that the gender balance was important as was the balance of having representation of all socio-economic components of the population. Councilor Taylor said the reason the council had the appointment process was to decide whether the council wanted to appoint someone. She remarked that no one was guaranteed a three-year term. Councilor Clark noted that Mr. Gaston had completed his unexpired term on the Budget Committee. He reiterated that the reason the council was having the present discussion had nothing to do with Mr. Gaston’s performance on the job; it was about politics and “who could count to five.” He did not understand on what basis one could define the Budget Committee as “even close to conservative.” He did not believe that statement could be made “in good conscience.” He preferred to seek a greater balance in the makeup of the committee. The vote on the motion was a tie, 4:4; councilors Pryor, Solomon, Poling, and Clark voting in favor and councilors Taylor, Bettman, Ortiz, and Zelenka voting in opposition. The Mayor voted against the substitution and it failed. Councilor Zelenka thanked Mr. Gaston for his service on the Budget Committee. He indicated he would support the main motion. The vote to appoint Ms. Davidson to Position 7 on the Budget Committee was a tie, 4:4; councilors Bettman, Ortiz, Taylor, and Zelenka voting in favor and councilors Clark, Pol- ing, Solomon, and Pryor voting in opposition. The Mayor voted to approve the appoint- ment and the motion passed. Planning Commission Councilor Ortiz, seconded by Councilor Pryor moved to appoint Heidi Beierle to Position 1 on the Planning Commission for a four-year term beginning November 1, 2007, and ending on October 31, 2011. Roll call vote; the motion passed, 8:0. Whilamut Natural Area Citizen Planning Committee MINUTES—Eugene City Council November 26, 2007 Page 7 Regular Meeting Councilor Ortiz, seconded by Councilor Pryor, moved to appoint Theresa Brand to Position 7, the unexpired term of Elliot McIntire, on the Whilamut Natural Area Citizen Planning Committee for a three-year term beginning November 27, 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 Mary Morrison to Posi- tion 9, the unexpired term of Howard Bonnett, on the Whilamut Natural Area Citizen Plan- ning Committee for a three-year term beginning November 27, 2007, and ending on October 31, 2010. Roll call vote; the motion passed unanimously, 8:0. Police Commission Councilor Ortiz, seconded by Councilor Pryor, moved to appoint Marilyn Nelson to Posi- tion 7 on the Police Commission, the unexpired term of Charles Zennaché, for a term be- ginning November 27, 2007, and expiring October 31, 2010. Councilor Ortiz explained that the Police Commission was losing Mr. Zennaché because he had been appointed to serve as a Lane County Circuit Court judge. Roll call vote; the motion passed unanimously, 8:0. The meeting adjourned at 8:40 p.m. Respectfully submitted, Angel Jones City Manager Pro Tem (Recorded by Ruth Atcherson) MINUTES—Eugene City Council November 26, 2007 Page 8 Regular Meeting