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HomeMy WebLinkAboutCC Minutes - 01/24/05 Mtg MINUTES Eugene City Council Regular Session Council Chamber--City Hall January 24, 2005 7:30 p.m. COUNCILORS PRESENT: George Poling, David Kelly, Betty Taylor, Jennifer Solomon, Chris Pryor, Andrea Ortiz, Bonny Bettman, Gary Pap~. Mayor Kitty Piercy called the meeting of the Eugene City Council to order. 1. PUBLIC FORUM Mayor Piercy reviewed the rules of the Public Forum. Councilor Poling, seconded by Councilor Solomon, moved to allow all 13 people who had submitted request to speak forms the time to speak. Roll call vote; the motion passed unanimously, 8:0. Roxie Cuellar, 2053 Laura Street, spoke on behalf of the Lane County Home Builders Association (LCHBA). She thanked both the City Manager and the City Council for agreeing to hold a work session on the Metropolitan Wastewater Management Commission (MWMC) Intergovernmental Agreement (IGA). She related that the LCHBA took issue with two elements of the IGA: 1) that wastewater systems development charges (SDCs) would be set by the MWMC instead of by the elected officials; and 2) the facilities plan which the HBA was appealing to the Land Use Board of Appeals (LUBA) based on its contention that this was a land use action. She stated that the LCHBA's concern was that the MWMC could just make project changes on the facilities plan without consulting the elected officials. Ellen Hyman, 3863 Dorchester Lane, welcomed the new councilors and mayor. She said the members of the Santa Clara Committee for Sensible Parks and Open Spaces (SCCSPOS) had put together their own questionnaire that went out to homes in the 97404 zip code area. She related that the committee decided to take this on because they had heard that the City was going to conduct a telephone survey of 400 households in Eugene. The committee did not know how well-informed those to be called would be and also what questions would be asked. She acknowledged that the City's survey might be more statistically scientific, but asserted it would not come close to addressing the heart of the issue, which was the land exchange. She said the issue for the neighborhood was whether or not the Santa Clara residents were willing to accept a deal that allegedly only benefited a private developer and the City coffers. Ms. Hyman felt moving the urban growth boundary (UGB) to benefit one land owner set a dangerous precedent. She opined that nothing about this deal was in the best interest of Santa Clara citizens and predicted the committee's questionnaire would give the residents a real voice in this process. MINUTES--Eugene City Council January 24, 2005 Page 1 Regular Session Ms. Hyman announced that the Santa Clara Community Organization was holding an informational meeting scheduled for February 3, 2005, at the Santa Clara Grange, to which everyone was invited. Based on input from the meeting, both pro and con, the organization planned to formulate and vote on a recommendation. In closing, she stated that the process had served as a catalyst to unify the community and for that she was grateful. Kathy Saranpa, 3015 Friendly Street, chair of the Crest Drive Citizens Association, applauded the council's work on behalf of the neighborhood. She was gratified that the council had taken the time to listen to comments and concerns and that the council made thoughtful and valuable suggestions to staff. She commented that trust was an issue for the neighborhood and, upon seeing on the agenda that financing options for the neighborhood were being discussed, concerned Crest Drive neighbors had no idea context- sensitive design would also be discussed. Neighbors felt the postcard received during the previous weekend was not adequate notice. She said the proposal to form a land improvement district (LID) before context- sensitive design (CSD) standards had been developed caused her uneasiness. She related that neighbors present at the work session were happy that no action had been taken at this time and hoped they would be adequately informed prior to the next development. Ms. Saranpa also expressed neighborhood opposition to the recent decision by the Lane Transit District (LTD) to cut one more trip from Route 22. She urged the City Council to pass a resolution to support Senator Bill Morrisette's bill in the State Legislature to make the LTD Board an elected board. Gary E. Rayor, 2373 Washington Street, speaking on behalf of the Lane Regional Air Pollution Authority (LRAPA) board, announced that the director had recently resigned. He explained that his departure had to do with employee relations and annual reviews and not with the Toxics Right-to-Know program. He said there was a transition plan in place to find a new director and, at present, the senior management was not comfortable taking the director's place due to the turmoil in the agency. Continuing, Mr. Rayor discussed the LH Baxter Company, a source of hundreds of air quality complaints, most of which were substantiated. He said the Center for Disease Control and the State Department of Environmental Quality (DEQ) had come together to try to analyze the air emissions from Baxter to see the effect on the neighborhood. He related that the two agencies had not found conclusive evidence without further testing to determine what was getting into the neighborhood and where. He stated that the LRAPA Board had passed a motion to add air monitoring testing to Baxter's agreement with LRAPA and results from those tests would be turned over to the Center for Disease Control. While this did not alleviate the nuisance odor, he felt it would assess the health impacts of living in proximity to JH Baxter Company. He added that he appreciated being an LRAPA board member. Tom Watson, 1963-7th Street, Springfield, wished to address the council in response to the news of the external police review. He pointed out that the violations committed by the two officers, now in prison, had been occurring for some years prior to their convictions for being sexual predators. He thought everyone involved had been very light-handed in their regard. He related that he had become acquainted with one of Roger Magafia's victims, adding that her life had become "hell" because of being victimized. He asserted that after turning in evidence, this woman had been discarded. He said the City had neither apologized to her, nor helped her bring her life back together. He noted that $108,000 was being spent on the review of the Eugene Police Department (EPD), but millions would have to be paid to the victims of the crimes. He was concerned about how the other officers would be held accountable for their behavior. He alleged there MINUTES--Eugene City Council January 24, 2005 Page 2 Regular Session were other predatory officers who had not been sanctioned. He asked the City to consider paying more money and taking a deeper look into the EPD and encouraged the council not to be ;;hindered by politics." Lisa Dunn, no address given, said that the City declared it felt badly for the victims of former police officers Lara and Magafia but no one apologized to them. She averred the City had %nough money to build fire stations" but did not help the victims to get their lives back on track. She stated that she had filed a complaint with Senator Ron Wyden's office which referred her to the commissioners' office regarding several other policeman's conduct issues, but ;;the case was closed the same day." She alleged there was no accountability nor was there justice and there were still %rooked cops" on the street. She felt the system portrayed her as a mentally ill drug addict who could not take care of herself or her daughter. She asserted that before the police officers took advantage of her she had been a normal person. Now, she said, she had lost her daughter, her soul, and her mind. She reiterated that she had not been treated fairly or with respect. Drew Ericson, 630 South 9th Street, Creswell, announced a community event scheduled for January 28 to benefit Direct Relief International for aid to the tsunami victims of Southeast Asia. He listed the restaurants that were donating their food and services to the buffet dinner scheduled to start at 5 p.m. and thanked them publicly for their donations. He said the music would be world beat music and it would be a family event. He underscored that Direct Relief International gave donated money directly to the people who needed it the most. He added that it was always great to see the community come together and raise money for local causes and this was a chance to come together and raise money for international causes. L onny Whelchel, PO Box 101 F, Florence, congratulated the new councilors and especially Mayor Kitty Piercy. He wished to discuss the tsunami relief effort. He asserted that many people were donating money without really having a sense of where it was going. He said donations to Direct Relief International were a way that one could be assured that the money spent was going for direct relief to tsunami victims. He stated that the benefit would include familiar faces from the local entertainment community. He stressed that it was a family event with all kinds of music. He hoped there would be a big turnout and that the benefit would raise lots of money. He said fliers were available in the back of the Council Chamber. Paul T. Biondi, PO Box 609, Veneta, said the tsunami benefit would bring Lane County together to do something on a world level. He was honored to be part of this event. He repeated that, while previous benefits had been for adults only, this one was oriented toward families. He said schools were getting involved and there would, perhaps, be a pen pals program set up between children hit by the tsunami and local children. He asked everyone to put the word out on the benefit. He noted that the Lane County Fairgrounds had donated the space. Terry Connolly, 1401 Willamette Street, representing the Eugene Area Chamber of Commerce, wished to bring to the council's attention the chamber's concern over the scope and purpose of the public hearing scheduled for February 14 pertaining to an ordinance regarding the Toxics Right-to-Know. He said the ordinance was being ;;portrayed" as one method to address the fee equity in the current Toxics Right-to- Know program. He alleged that a closer look at the ordinance indicated no clear connection with the Toxics Right-to-Know program. He said the charter was clear with respect to which categories of businesses were subject to these regulations and the charter could not be amended through an ordinance to include new and different businesses. Mr. Connelly shared the chamber's belief that the new ordinance would create a new and separate community right-to-know program that resided in City Code instead of charter. He asserted that the ramifications included that it would have to be set up in accordance with the Community Right-to- Know Protection Act, it would be separate from the City Charter and would require its own governing MINUTES--Eugene City Council January 24, 2005 Page 3 Regular Session structure, the Toxics Board would have no jurisdiction over it, the program would require its own source of funding, and would have to develop its own criteria regarding what must be reported. He predicted this would have no bearing on the new fee structure. He said it seemed to the chamber that the City would want more information for the public and for itself prior to holding this public hearing. Zachary Vishanoff, Patterson Street, wished to register his concern about the proposed power plant for the City of Coburg area, noting that it had been down-sized from what had originally been proposed. Mr. Vishanoff related that he read a story in the newspaper regarding college student loans and saw that the wastewater capacity for Coburg was being upgraded. He alleged this could be related to the power plant. Mr. Vishanoff reiterated his concerns regarding the University of Oregon's proposed construction of a new basketball arena. He wanted more public debate about it. He asserted that the University of Oregon Foundation was thinking of purchasing a former used car lot. He felt that given that the Williams Bakery site had been purchased, the University could end up owning property up to Fairmount Boulevard. He said the University must be %ontained." He repeated that homes owned by the University on Moss Street were still being kept empty although people needed places to live. Terry Froemming, 2886 Bailey Lane, chair of the Harlow Neighbors Association, said he had been asked by the Chase Garden Node Subcommittee to represent it in asking for City Council help and consideration. He related that the Chase Garden Node was the association's number one priority for the coming year. He stated that mixed-use development had not contained much in the way of retail services and the node contained some of the densest concentrations of population in the City. He said the neighborhood had a number of doctors' offices and no ;;grand store." He asked the council to support holding a work session on mixed-use development and underscored that it was an important topic for the Harlow Neighbors. Janet O' Bryant, 85 North Madison Street, submitted copies of AIRS and CAD records regarding train accidents from Blair Boulevard through High Street to the City Council. She reported that the Federal Railroad Administration (FRA) had increased the decibel level at which train whistles can blast. Because of where she lived she heard loud train whistles in her house many times per day and this caused real livability issues for her. She recommended placing safety barriers at intersections so that the trains would not feel the need to sound their horns. She said the barriers cost $13,000 apiece, and emphasized that an investment of $100,000 or less could bring peace and quiet to a lot of neighborhoods. Rob Handy, 455-½ River Road, quoted from a speech that River Road/Santa Clara Transition Manager, David Reed recently gave before the City Club. Mr. Reed said the neighborhood had a history of mistrust of the City of Eugene and a history of rapid development and that some felt this caused chaos. Others felt this could be fertile ground for development of an entirely different relationship with the City of Eugene and other service providers. Mr. Reed had suggested a transition plan that was smooth and transferred responsibility for urban services within a Heritage Strategy, which would describe the route for management of urbanization and of future annexation in ways that preserved community and neighborhood values, retained, where feasible, community institutions, and forged new and creative practices for the most effective and efficient delivery of urban services. He suggested this plan should accomplish all this in the most practical and equitable manner and with the least community discontent as possible. Mr. Handy commented that the Emerald Park and Recreation Center was the core community institution of the River Road neighborhood and its tax base was being squeezed. MINUTES--Eugene City Council January 24, 2005 Page 4 Regular Session Kathy Ging, 2878 Harris Street, spoke in support of the Community Center for the Performing Arts, also known as the Wow Hall. She said the center and the City were at a crossroads regarding the land purchased by the City. She called the WOW Hall a unique community treasure. She predicted that development only 13 feet away from the WOW Hall would harm the structure. She stressed that the WOW Hall was a historic site that had been unchanged. She averred that she and others did not want any money spent by the neighboring developer to mitigate the noise issue for the WOW Hall. She expressed concern that any changes they incurred on the building could cause it to lose its National Historic Registry standing. Instead, she wished for the Ridenour Building to be left as it was. She felt the building was still viable and that it would serve as an adequate buffer to mitigate noise. Mayor Piercy closed the Public Forum. She conveyed her appreciation for the work that local people were doing to raise money for victims of the tsunami disaster in Southeast Asia. She also reaffirmed her commitment to working with the City Council for a stronger, better relationship with residents of the Santa Clara/River Road neighborhood. Mayor Piercy offered to meet with Ms. Dunn and the other victims of the two former police officers to convey her personal sorrow for the trauma they experienced. She acknowledged that what the women had gone through must have been terrible. Mayor Piercy called on the council for responses and comments. Councilor Pap6 concurred with Mayor Piercy's comments with regard to the last issue and offered his condolences and apologies on behalf of the City. He wished to clarify that the Police Commission was not the only body that was looking into the incident and asked City Manager Taylor to repeat the toll free telephone number for the International City Managers Association (ICMA) and the Police Executive Research Forum (PERF). City Manager Taylor listed the number to call: 1-866-292-4860. In response to further questions from Councilor Pap~, City Manager Taylor said complaints could be made anonymously and that the resulting report from the review would be completed by March 1, 2005. Councilor Pap~ said he did not realize that the train whistles had been allowed to be louder. He commented that he could hear them in his neighborhood, which was some distance away from the train tracks. City Manager Taylor stated that train whistles had been an issue of community concern since the 1980s. He said there was no specific proposal but as part of the work with the Public Works Department staff was trying to outline what it would take to declare portions of the community ~whistle-free." He acknowledged there were traffic safety barriers, as cited in Public Forum testimony, that would be required at the at-grade right-of ways and then there was a subsequent procedure required to get such a designation. Councilor Pap~ requested a memorandum on the possible improvements and what it would take to get the approval of the Federal Railroad Administration for a whistle-free designation. Councilor Ortiz commended Ms. Dunn for her bravery for coming forward to speak in the Public Forum. She wanted the City to look into the issues of why there were people in the sex trade and why people were using drugs on the street. She called it a societal ill and hoped the City Council could delve further into the issue. MINUTES--Eugene City Council January 24, 2005 Page 5 Regular Session Councilor Ortiz also wished to thank the citizen who testified about the train whistles. She recalled hearing one earlier in the week that was loud and had caused her alarm. Councilor Kelly thanked everyone for testifying. In response to a question from Councilor Kelly, City Manager Taylor reiterated that the intent of the survey regarding the land exchange for park space in the Santa Clara area was to get information from the affected neighborhoods and from the City at large. He was uncertain if this could be adequately accomplished with a telephone sampling of 400 households and offered to provide a memorandum further detailing the survey process. Councilor Kelly asked the Council Committee on Intergovernmental Relations (CCIGR) could look at Senator Morrisette's bill regarding the governance of LTD. Councilor Kelly echoed Mayor Piercy's remarks regarding Ms. Dunn. Councilor Kelly thanked the people involved with the tsunami relief benefit. Continuing, Councilor Kelly asked the City Attorney to respond to assertions made by the chamber's representative that the Toxics Right-to-Know ordinance slated for public hearing on February 14 was in violation of State law. Councilor Kelly also wished to join Councilor Papd in his request for a memorandum on reducing train noise. Councilor Taylor conveyed her admiration for people who tried to influence government actions. She agreed with testimony that pointed to the importance of electing decision makers rather than appointing them, as an elected official was more beholden to the public. Councilor Taylor appreciated the people who were organizing the fundraiser for the tsunami victims. She suggested a benefit be organized for the people who were victimized by former police officers Lara and Magafia. Councilor Taylor expressed admiration for the persistence of both the Crest Drive Neighbors and those concerned citizens involved in the Santa Clara committee for sensible parks. Councilor Poling, noting he was a commissioner for the MWMC, said he had been in contact with the City Manager regarding concerns expressed by the Lane County Home Builders Association. Councilor Poling wished to clarify that the City of Coburg did not currently have a wastewater treatment facility and there was some chemical seepage into the river that required mitigation. Thus, he said, the expenditure for the early stages of development of wastewater treatment was entirely unrelated to the proposed power plant. Councilor Poling noted, regarding Mr. Rayor's report on LRAPA, that the Metro Partnership had applied for $50,000 in grant money to help pay for the air monitoring system at the JH Baxter Company site. MINUTES--Eugene City Council January 24, 2005 Page 6 Regular Session In closing, Councilor Poling thanked members of his neighborhood association, the Harlow Neighbors, for attending the meeting. 3. CONSENT CALENDAR A. Approval of City Council Minutes - November 17, 2004, Work Session - December 6, 2004,Work Session - December 6, 2004, City Council Meeting - December 8, 2004, Work Session B. Approval of Tentative Working Agenda C. Ratification of Intergovernmental Relations Committee Actions of August 31, November 10, 2004. D. Adoption of Resolution 4822 Calling a Public Hearing to Consider Proposed Withdrawal of Territories from the River Road Water District and River Road Park and Recreation District, from the Santa Clara Water District and from the Junction City Water Control District. E. Adoption of Resolution 4823 Acknowledging Receipt of the City of Eugene, Oregon Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2004. Councilor Poling, seconded by Councilor Solomon, moved approval of the Consent Calendar. Councilor Kelly said he had previously submitted minutes corrections via email. Councilor Bettman also had submitted corrections to the minutes electronically. Mayor Piercy deemed the corrections, without objections, approved. Roll call vote; the motion to approve the Consent Calendar passed unanimously, 8:0. Mayor Piercy adjourned the meeting of the City Council and called for a break at 8:30 p.m. Mayor Piercy convened the meeting of the Eugene Urban Renewal Agency at 8:40 p.m. 3. ACTION: Resolution 1034 Acknowledging Receipt of the Annual Financial Report of the Urban Renewal Agency of the City of Eugene, Oregon, for the Fiscal Year Ended June 30, 2004 City Manager Taylor explained that this item was the same as the annual financial report for the City included as Item E on the Consent Calendar. Urban Renewal President Poling, seconded by Vice President Solomon, moved to adopt Resolution 12034 acknowledging receipt of the Annual MINUTES--Eugene City Council January 24, 2005 Page 7 Regular Session Financial Report of the Urban Renewal Agency of the City of Eugene, Oregon, for the fiscal year ended June 30, 2004. Roll call vote; the motion passed unanimously, 8:0. Mayor Piercy closed the meeting of the Eugene Urban Renewal Agency. Mayor Piercy reconvened the meeting of the Eugene City Council at 8:42 p.m. 4. PUBLIC HEARING: An Ordinance Concerning Prohibited Smoking; and Amending Sections 6.225, 6.230, and 6.240 of the Eugene Code, 1971 City Manager Taylor introduced Keli Osborn, Permit Review Manager for the Planning and Development Department (PDD), and asked her to briefly describe the proposed changes to the smoking ordinance. Ms. Osborn explained that the first change would expand the distance people were to stand away from public buildings for smoking purposes to 25 feet, and this included operable windows and air intakes. She stated that the second was a proposal to place in the Eugene Code a provision that allowed for outdoor smoking areas. She said there was an administrative rule that allowed such smoking areas and the code made no reference to the rule. Mayor Piercy opened the public hearing. Paula Ciesielski, 1783 Sweetbriar Drive, president of the Lane County Medical Society, restated the society's support for the smoking ordinance that was in place. She reminded the council that 635 physicians from the local society had endorsed the ordinance in 2002. She called the scientific evidence that exposure to second-hand smoke was harmful immutable. She underscored that second-smoke chemicals included systemic, reproductive, and development toxicants, mutagens, and carcinogens and more than 50 compounds in tobacco smoke were known carcinogens. Ms. Ciesielski stated that second-hand smoke exposure caused lung and nasal/sinus cancer, heart disease, and sudden infant death syndrome. She listed the impacts of second-hand smoke on children, as follows: asthma induction and exacerbation, bronchitis, pneumonia, middle ear infection, chronic respiratory symptoms, and low birth weights. She noted that over 53,000 non- smokers were killed by second-hand smoke annually. She conveyed the Lane County Medical Society's recommendation that the City Council apply the ordinance to all publicly owned buildings. However, Ms. Ciesielski indicated the medical society could not support the second part of the ordinance. She said no one should be forced to breathe cigarette smoke while working. Pat Cookson, 2350 Oakmont Way, speaking on behalf of the American Cancer Society, thanked the council for enacting the tobacco products and smoking ordinance of 2000 to protect all workers. She underscored that the American Cancer Society was dedicated to preventing, treating, and eliminating cancer from all people's lives. She pointed out that tobacco remained the number one cause of preventable death in this country, affecting both smokers and non-smokers. She related that the American Cancer Society supported the first portion of the ordinance and the proposed ordinance provisions that would allow other public agencies to impose similar restrictions. However, she said the society opposed the second part of the MINUTES--Eugene City Council January 24, 2005 Page 8 Regular Session ordinance that would incorporate the current administrative rule regarding outdoor smoking structures into the code. She called the incorporation of the rule a "step backwards." Kevin Franken, 2646 Gay Street, strongly supported amending the ordinance to maintain 25 feet between smoking areas and public buildings, including windows and air intakes. He related that he was very allergic to cigarette smoke and this had caused him a great deal of discomfort while attending the University of Oregon Law School. He said many times he had been forced to walk around to other exits because of congregating cigarette smokers by the doors. He noted a previous speaker had said that cigarette smoke did not know how to stay in the smoking section and shared the following quote, which he had found on the internet: "Having a smoking section in a workplace is like having a peeing section in a swimming pool." He stressed that cigarettes were the only product that, when used as directed, would kill a person. He pointed out that entertainer Johnny Carson had just died from emphysema related to cigarette smoking. Julia Martin, 1013 Tiara Street, thanked the council for passing "this important piece of public health legislation" in 2000. She wished to thank the council in particular for protecting those who were most exposed, those working in restaurants and bars. She stated that when the laws were passed there were only 16 cities, including Corvallis, with comprehensive smoke-free indoor workplace laws. She said since those laws were passed, 80 more municipalities had passed such laws. She related that, in spite of efforts by the tobacco industry, the States of Connecticut, Delaware, Maine, Massachusetts, New York, and California had passed laws making indoor workplaces smoke-free. She noted that Ireland, Norway, and New Zealand had also passed such laws and countries such as Great Britain and Italy were in the process of enacting smoke-free laws. She noted that regulations in dozens of communities made smoking in parks and on playgrounds off limits. She supported the expansion of the ordinance language and echoed the opposition of previous speakers to the incorporation of the administrative rule regarding outdoor smoking areas into the code. Susan Planner, 1788 Riverview Street, worked as a respiratory therapist. She explained that her job focused primarily on providing therapy for people with chronic breathing problems. She related that many of the people that she treated had tobacco-related diseases. She was grateful to the council for passing the ordinance in 2000, stating that it had improved work places for many citizens. She commented that she had been a volunteer for the American Lung Association and had heard people speak of how wonderful it was to be able to go to smoke-free clubs and how wonderful it was for oxygen-assisted people to go out without the worry of having a combustible gas around smoking. Ms. Pfanner felt, however, that the second portion of the proposed ordinance was a step in the wrong direction. She declared smoke-free legislation to be the trend of the future. She said she was proud to be from a City that was in the forefront of such legislation. Grant Higginson, 800 Northeast Oregon Street, Portland, stated that he was the State Public Health Officer with Department for Health and Human Services (DHHS). He said he performed a number of roles, one of which was to monitor the enforcement of Oregon's Indoor Clean Act, passed in 2001 that prevented all indoor smoking with the exception of smoking sections in bars and all bingo halls. He complimented the City of Eugene on its progressive ordinance. However, he expressed concern that the language regarding outdoor smoking areas in the proposed ordinance could violate both the spirit and the letter of the law. He thought structures could be constructed that would be completely legal in the city of Eugene but would be in conflict with State law. He wished to avoid a situation wherein businesses believed they were constructing perfectly legal outdoor smoking structures only to be sanctioned for them once they were completed. He MINUTES--Eugene City Council January 24, 2005 Page 9 Regular Session stated that there was no research that a 25-percent open plane surface structure had a significant effect in reducing the problems seen with second-hand smoke. He was also concerned, should this portion of the ordinance pass, that more Oregonians would be exposed to the dangers of second-hand smoke. Kira Fonarow, 1601 Olive Street, Apartment 612, said she was a 22-year-old University of Oregon student. She explained that she had been born with small lungs. She stressed that this made it difficult for her to be around cigarette smokers. She thought smokers were disrespectful of the needs of others when congregating around doors and windows to smoke. It caused her to hold her breath for as long as she could to avoid breathing the smoke. She asked that the council pass the portion of the ordinance that would mandate that smokers stand at least 25 feet away from building entrances, windows, and air intakes. She remarked that if she had all of the power, she would eliminate tobacco altogether. She believed it was worse than marijuana smoking. Sarah Hendrickson, 1036 Adams Street, Lane County Public Health Officer, listed the many supporters of the ~very original, very successful" smoke-free ordinance, both individuals and groups. She said since the passage of the law, the worker protection goals of the ordinance had been undermined in response to pressure by bar owners, which resulted in an administrative rule that declared an arbitrary 25 percent open to the air to be the same as smoking outside. Ms. Hendrickson averred this rule was based on no evidence whatsoever. She stated that there was a vast quantity of air circulation data from entities such as the American Society of Heating, Refrigerating, and Air Conditioning Engineers (ASHRE). She said a safe ventilation standard for environmental tobacco smoke had not been set because ventilation did not work and merely made a place smell better. She declared that the 25 percent rule had been based on no precedent by any other city or jurisdiction and was temporarily adopted without opportunity for public comment. Ms. Hendrickson underscored that Public Health had objected to the rule, both when originally proposed and again when it was proposed to be incorporated into the code language. She stated that the 25 percent rule continued to allow the construction and use of outdoor smoking rooms. She commented that they were nothing similar to what she thought of as a porch. She said building permits had been granted to places other than bars to construct similar rooms. She noted that even the administrative rule had not been truly enforced as enforcement only occurred in response to complaints that were signed and submitted in writing. She asserted that workers who were likely to complain were not likely to sign such a complaint. Martin Jones, 2300 Parkside Lane, said he was a practicing internist who had worked with the Tobacco Free Coalition of Lane County four years earlier to pass the ordinance. He wished to speak specifically against the administrative rule. He felt the rule to allow covered smoking areas undermined and ~polluted" the original intent of the ordinance which was to protect workers and other non-smokers from the ~awful effects" of environmental tobacco smoke, otherwise known as second-hand smoke. He reiterated that there was scientific consensus about the health impacts of second-hand smoke to non-smokers, such as heart disease and emphysema among many. Mr. Jones noted that four years earlier he had cited a study that proved there to be an increase in cancers and heart attacks among bar workers, bartenders, and wait staff. He stated that working in a bar with smoking areas increased the probability of developing angina or heart disease, heart attacks specifically, by 30 percent. He attributed this to platelet aggregation caused by inhaling cigarette smoke. He explained that the smoke caused platelets to ~glom up" and clog arteries. He said scientific evidence suggested that even eating in a restaurant with a smoking area increased the possibility of heart attacks. He stated that recent evidence had led the Center for Disease Control (CDC) to notify all practitioners across the country, as a warning, that even small doses of cigarette smoke could be a precipitant to heart attacks. MINUTES--Eugene City Council January 24, 2005 Page 10 Regular Session Mr. Jones stressed that the United States Surgeon General concluded that exposure to second-hand smoke was a common health hazard that was completely preventable. He asked the council to "do the right thing" and fix the loophole. Mayor Piercy closed the public hearing. She thanked everyone for coming before the council to testify. Councilor Kelly also thanked all who testified. He supported adoption of the 25-foot rule and the rejection of the codification of the administrative rule. He asked what would prevent the council from broadening the language and setting a 25-foot rule for all publicly owned buildings. He suggested this could be answered in a memorandum. Councilor Kelly noted that the councilors had received a packet of photographs of the so-called outdoor smoking areas. He opined that they did not look like porches so much as rooms with slats. He did not believe employees were protected by these outdoor areas. He commended the Duck Inn, Rennie's Landing, and Kow Loon for building actual outdoor smoking areas. Nonetheless, he wished to go beyond the existing language and repeal the administrative rule. He underscored that existing outdoor smoking areas would be grandfathered in. He also wished for better definition of "real" outdoor smoking areas at some future point. Councilor Bettman commented that the outdoor smoking areas were obviously rooms. She averred it was "unfortunate that staff made the administrative rule" to allow this. She said it was inconsistent with the legislative intent of the ordinance. She asked if employees were required to go into the outdoor smoking rooms to serve customers and clean up. City Manager Taylor affirmed that they were. Councilor Bettman hoped that the two portions of the ordinance could be separated. She suggested that the City look at the outdoor smoking areas that met the requirements and codify what they looked like. Councilor Kelly asked staff to define, in a memorandum, what was meant on page 127 by "separated from floor to ceiling." Councilor Pryor commented that the most significant point made in testimony had been made by Dr. Higginson, in that the City's administrative rule could allow structures to be built that could be in violation of State law. He underscored the importance of ensuring that the City of Eugene's laws were consistent with those of the State. Councilor Pap~ recalled that the administrative order was an attempt to assist the bar and restaurant owners who claimed their businesses were going to fail because they did not have smoking areas. He remembered that it was intended that employees should not be required to serve food or alcohol in the smoking areas. He said people had the right to smoke, though he personally did not approve of smoking. Councilor Taylor also recalled that the council had spoken very clearly about not subjecting workers to second-hand smoke. She asked if this also applied to those workers who would have to clean up a smoking area. She noted the issue had arisen in her ward wherein a residence was in close proximity to a smoking area and the residents had complained. She asked what could be done in this case and whether such outdoor smoking areas could be eliminated altogether. MINUTES--Eugene City Council January 24, 2005 Page 11 Regular Session Councilor Bettman asked staff to address the question of how an outdoor smoking room or deck interacted with the 25-foot rule. She felt there was an "inherent incompatibility" there. 5. ACTION: An Ordinance Establishing the S-HJM Historic Johansen-Moody House Special Area Zone and Amending the Eugene Zoning Map Councilor Poling, seconded by Councilor Solomon, moved that the City Council adopt Council Bill 4888, an ordinance establishing the S-HJM Historic Johansen-Moody House Special Area Zone. Roll call vote; the motion passed unanimously, 8:0. 6. ACTION: An Ordinance Levying Assessments for Constructing Sidewalks, Curbs, Gutters, Conduit, and Storm Drainage System on Santa Clara Avenue from River Road to Approximately 600 Feet West; and Providing an Immediate Effective Date (Contract #2005-10) (Job #4108) City Manager Taylor explained that this was a final action for the levying of assessments. He said Paul Klope, Principal Civil Engineer for the Public Works Department, was available to answer questions. He noted that staff asked for an immediate effective date to avoid interest that would accrue over the 30- days that ordinances took to go into effect. Councilor Poling, seconded by Councilor Solomon, moved to approve the Findings and Recommendations of the Hearings Official of January 13, 2005. Councilor Bettman pointed out that it stated in the findings that the total City cost was $5,525 and asked what fund that would come from. Mr. Klope responded that it was coming from the Transportation SDC Fund and the Transportation Utility Fund. Councilor Bettman said there was no Transportation Utility Fund. It was clarified that this was the gas tax. Councilor Bettman noted that two properties were owned by the City of Eugene and asked, given that they could not be assessed, where the $50,000 assessed for those properties was coming from. Mr. Klope replied that it was coming from their building funds. City Manager Taylor elaborated that, for the Fire Station, it was coming from the construction budget. Assistant City Manager Jim Carlson explained that it was part of the original construction budget. He underscored that extending sewer and water lines was part of the cost of constructing a building there. Councilor Bettman asked if some of the money, when the construction budget had been put together, had not been taken from the operations budget. Mr. Carlson replied that one component of the project had been bonded and so there were limited tax obligation bonds being paid for out of the operating budget. Councilor Bettman objected to the financing. She asked why there was not an ability to use SDCs to pay for it as it was brand new capacity. Mr. Klope clarified that it was not new capacity. He said the transportation SDC element was only for a small amount of sidewalk on River Road and a street repair. He MINUTES--Eugene City Council January 24, 2005 Page 12 Regular Session added that the City had deemed it prudent to accomplish the street repair as long as the project was underway. Councilor Bettman asked what other entities were being assessed. Mr. Klope replied that St. Vincent DePaul, the Santa Clara Investment Group, the Laksidanta LLC, and PeaceHealth were also being assessed. Councilor Bettman asked why the street was classified as a local street. She opined it should be classified as a collector or an arterial. Mr. Klope did not know the reasoning behind the classification. Councilor Bettman registered her opposition to the motion based on the funding package. She opined there were hidden elements in the financing, such as the funding of the Fire Station using, in part, operations money and that a small portion of the funding was being spent on the street. Roll call vote; the motion passed, 7:1; Councilor Bettman voting in opposition. Councilor Poling, seconded by Councilor Solomon, moved that the City Council adopt Council Bill 4890, an ordinance levying assessments for Santa Clara Avenue. Roll call vote; the motion passed unanimously, 8:0. 7. ACTION: An Ordinance Concerning Motor Vehicle Fuel Dealer's Business Licenses; and Amending Sections 3.465, 3.467, 3.474, 3.480, 3.483, and 3.484 of the Eugene Code, 1971 City Manager Taylor said Public Works Department Director Kurt Corey was available to answer questions. He recommended that the ordinance be passed. Councilor Bettman, seconded by Councilor Pap~, moved to separate the ordinance into two ordinances: one ordinance to contain the gas tax increase from section (2) of the ordinance and a second ordinance to contain the balance of the ordinance. Councilor Bettman explained that she did not support the gas tax but supported codification of the other parts of the ordinance. Roll call vote; the motion passed unanimously, 8:0. Councilor Poling, seconded by Councilor Solomon, moved that the City Council adopt Council Bill 4885, an ordinance concerning motor vehicle fuel dealer's business licenses as written in the version handed out on January 24, 2005. Councilor Solomon asked if this ordinance addressed the issues raised by Ron Tyree at the public hearing. Mr. Corey responded that the amended ordinance addressed his concern regarding the 80 percent refund on diesel fuel used by vendors that pay weight/mile taxes. MINUTES--Eugene City Council January 24, 2005 Page 13 Regular Session Councilor Kelly, seconded by Councilor Taylor, moved to amend the motion to delete the definition of 'weight receipt' from Section 1 of the Ordinance, and to delete subsections (2) and (3) from EC 3.483 in Section 4 of the Ordinance. Speaking to his amendment, Councilor Kelly said this was not a refund for diesel fuel sitting in a tanker truck, but rather was a refund for fuel used while rolling down the road. He had asked staff if there was a way to craft a broader refund so that a business with gasoline-powered vehicles that delivered out of the area could have a mechanism for applying for a refund. He felt this was in the interest of fairness. Councilor Solomon asked if the City of Springfield had an 80-percent diesel refund. City Manager Taylor affirmed that it did. Councilor Taylor indicated she would support the amendment for reasons stated by Councilor Kelly. Councilor Pap~ appreciated the intent but questioned the pragmatics of implementation. He predicted that drivers would mostly purchase diesel fuel outside of City limits. Councilor Bettman asked, given that analysis had indicated that probably five to seven percent utilization of City roads as opposed to the 20 percent figure that staff generated. Mr. Corey responded that the 80 percent/20 percent split mirrored the City of Springfield. He said a relatively small number of companies fit into this category and received this refund. Councilor Bettman asked if the refund was made annually and how it was checked for accuracy. Mr. Corey replied that the refund program was administered through the Oregon Department of Transportation (ODOT) tax group. He said the City had not had this particular provision in the ordinance to date so as a matter of stewardship he averred it would not be a bad idea to check on it from time to time. Councilor Kelly reiterated that his amendment was based on the principle of fairness, as a business with similar patterns of driving that utilized gasoline for fuel should be able to qualify for such a refund. Councilor Poling opposed the amendment. He said Eugene needed to keep a level playing field with Springfield. He felt it was a fair and equitable way of dealing with the people who own trucking companies but were running their businesses out of the community. Councilor Kelly commented that, should the gas tax pass, Springfield would have a gas tax of three cents per gallon and Eugene would have a gas tax of five cents per gallon, and this, in his opinion would not maintain a "level playing field" between the two cities. Roll call vote; the motion to amend failed, 5:3; councilors Taylor, Bettman, and Kelly voting in favor. Roll call vote; the main motion passed, 7:1; Councilor Taylor voting in opposition. MINUTES--Eugene City Council January 24, 2005 Page 14 Regular Session Councilor Poling, seconded by Councilor Solomon, moved that the City Council adopt Council Bill 4891, an ordinance concerning motor vehicle fuel dealer's business licenses. Councilor Ortiz, seconded by Councilor Pap~, moved to amend the motion to add Section 3 to the ordinance to provide the following language: 'Unless otherwise extended by the City Council, the amendment to subsection (b) of Section 3.467 shall sunset on February 25, 2008, and the tax will revert to its current $.03 per gallon.' Speaking to the motion to amend, Councilor Ortiz acknowledged that some had referred to the ordinance as a "band-aid" but averred that she was willing to help with the "band-aid" for the community. She commented that the City needed to pay for its streets, even if gasoline became very expensive as a result. She supported taking a comprehensive look, as the Mayor had recommended, at all of the funding pieces including Lane County, ODOT, and others. She felt that placing a sunset on the gas tax would give an ending date for that to happen by. Councilor Pap~ did not think Eugene should "out-step" its neighbor, Springfield. However, he felt having a sunset on the tax would help him to support its enactment. He agreed that more funding for roads was needed. Councilor Bettman voiced her opposition to the main motion. She reiterated her concern that road funding was not being prioritized appropriately, citing as an example of her concern what she considered a costly project that Lane County had undertaken to replace the one-lane bridge to Mount Pisgah Arboretum. She was unwilling to ask voters for more money until the elected officials exercised some discipline with the money they had. Councilor Taylor said she would vote against the tax but for the amendment in case the gas tax passed. Councilor Kelly thanked Councilor Ortiz for offering the amendment and indicated his support. City Attorney Glenn Klein suggested a change in the sunset date to February 29, 2008. Councilor Ortiz incorporated that as an amendment to the motion. Councilor Pap~, second to the motion, voiced no objection. Roll call vote; the amendment passed, 7:1; Councilor Bettman voting in opposition. Speaking to the main motion, Councilor Kelly said he had worked on the transportation maintenance funding issue for most of his tenure on the council. He agreed with Mayor Piercy that the elected officials needed to take a step back and take a broader look and see where some consensus could be found. He reiterated his support for a transportation system maintenance fee (TSMF). However, he would oppose the motion because he felt the diesel exemption created an inequity. Councilor Taylor indicated her opposition to the motion. MINUTES--Eugene City Council January 24, 2005 Page 15 Regular Session Councilor Solomon, responding to comments about a lack of discipline on the part of elected officials, stated that there had not been an increase in the State gasoline tax for more than a decade and during this period wherein revenues had remained the same, fuel efficiency and the cost of construction had increased. She underscored that there had been a "myriad" of reasons that brought the City to its current crisis. She called it unfair to place blame entirely on staff and the elected officials. Councilor Ortiz felt compelled to support the tax. She acknowledged that it would not fix the problem for good, but emphasized that the roads needed fixing, nonetheless. Councilor Pryor expressed his distaste for taxing people. He felt he had walked into the middle of an enormous problem with an immediate need for a remedy. He remarked that such a tax was easier to enact with a known sunset date attached to it, adding that during the next three years the elected officials should "turn over every rock" looking for modes of permanent funding for the City's road repairs. He supported the motion, as amended. Councilor Poling indicated his support for the motion. He noted the two-cent increase was in the total originally recommended by the Budget Citizen Subcommittee. He expressed a willingness to sit down with the County officials and whoever else was deemed necessary to determine other solutions to the road problems. He said once permanent funding was found, he would support the elimination of the entire five cent gasoline tax. He recognized that many people opposed the tax. He commented that people who registered their opposition did not have an alternative solution to the funding issue to tender. He added, as a point of information, that a person who drove 20,000 miles per year and whose vehicle got 20 miles to the gallon would only experience a $20 increase in their annual expenses. Councilor Ortiz appreciated the council's support for the amendment. She recalled paying 36 cents per gallon for gasoline and recalled thinking that if it rose to 39 cents per gallon she would quit driving. She noted that she now paid more than $1.50 per gallon and that this money went out of state. Mayor Piercy indicated that she would support the motion in the event of a tie. Roll call vote; the main motion passed, as amended, 5:3; councilors Bettman, Taylor, and Kelly voting in opposition. Councilor Taylor, seconded by Councilor Bettman, moved that the ordinance be put on the ballot in order to allow the people to vote for it. City Attorney Klein explained that the council could not simply do so and suggested that the council move to direct the City Manager to bring back an ordinance that would refer the gas tax to the ballot. Councilor Taylor, seconded by Councilor Bettman, changed her motion in accordance with the advice of legal counsel. The motion failed, 6:2; councilors Taylor and Bettman voting in favor. The meeting adjourned at 10:01 p.m. Respectfully submitted, MINUTES--Eugene City Council January 24, 2005 Page 16 Regular Session Dennis M. Taylor City Manager (Recorded by Ruth Atcherson) MINUTES--Eugene City Council January 24, 2005 Page 17 Regular Session