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HomeMy WebLinkAboutCC Minutes - 09/11/06 Meeting M I N U T E S Eugene City Council City Council Meeting Council Chamber—Eugene City Hall September 11, 2006 7:30 p.m. COUNCILORS PRESENT: Jennifer Solomon, Bonny Bettman, David Kelly, Andrea Ortiz, Gary Papé, George Poling, Chris Pryor, Betty Taylor. Her Honor Mayor Kitty Piercy called the meeting of the Eugene City Council to order and welcomed everyone to the meeting. 1. CEREMONIAL MATTERS -September 11 Commemoration Mayor Piercy read a proclamation commemorating the tragic events of September 11, 2001, into the record. A moment of silence was observed. 2. PUBLIC FORUM Mayor Piercy reviewed the rules of the Public Forum. Zachary Vishanoff, a resident of Patterson Street, felt there should have been more of a public process regarding the public parking garage associated with the Whole Foods Grocery project. He thought there had been “deals” because of what he perceived as a lack of public interface. He asserted that a neighbor- hood park in the University area had been “bulldozed” without a public hearing. He alleged that Downtown Eugene Incorporated (DEI) was “working on a plan to put more cameras downtown for surveillance,” and requested a “broad-based” discussion about it. He also alleged that the University of Oregon recently announced a new laboratory that would participate in research into nanotechnology for the Department of Defense. He said the City’s elected officials should begin a discussion of the Willamette Greenway. He thought Department of Defense research was controversial and more discussion was needed, not less. Additionally, he expressed concern regarding the old landfill near the river and suggested it be cleaned up before the 2008 Olympic Trials. Mike Clark , 2754 Cheryl Street,stated that a baby, five-week-old Orion Smith, had been killed in a car accident near the intersection of Beltline Highway and Delta Highway. A truck hit the back of his parents’ car. Mr. Clark related that a neighbor of his was a firefighter at Valley River Fire Station No. 9. He said those emergency personnel respond to a rush hour accident in that area “every day.” He acknowledged that there were many priorities for transportation issues in the City, noting that a work session had been scheduled for September 25 on such issues in West and North Eugene. He encouraged the councilors to MINUTES—Eugene City Council September 11, 2006 Page 1 Regular Meeting either make the Delta/Beltline interchange the highest priority or move it up on the list of transportation improvement projects. th Angela Rooney , 520 West 15 Avenue, said that she lived in a 900 square-foot home and that she was a widow with a small pension. She opined the Jefferson neighborhood was a place where people like her could still afford to live in a safe neighborhood. She related that she could walk to the store, the library, and her church. She became active in her neighborhood because she loved it. She underscored that the Jefferson neighbors did not want infill that did not respect the character of their neighborhood. th Paul Conte , 1461 West 10 Avenue, thanked the council for its willingness to listen to neighborhood leaders from the Jefferson/Westside Neighborhood Association. He conveyed the support of the neighbor- hood for the motion Councilor Papé intended to set forth at the meeting. He noted that the motion was based on a solution Planning Division staff presented to the Jefferson/Westside Neighborhood leaders to address the problems raised by the redesignation of the Jefferson area. He said if the council approved the motion it would enable residents and the neighborhood organization to turn their full attention back to the work initiated in January 2006 prior to the Eugene-Springfield Metropolitan General Area Plan (Metro Plan) redesignation. He reiterated that area residents were endeavoring to determine ways to increase the density in the neighborhoods while keeping them safe and livable. He felt council action would be a tremendous and important statement to residents that “thoughtful constructive engagement in civic processes” was the best path for better community growth. Mayor Piercy closed the Public Forum and called for council comments. Councilor Taylor commended the Jefferson Neighbors for “never giving up.” 3. CONSENT CALENDAR A. Approval of City Council Minutes - July 10, 2006, City Council Meeting - July 17, 2006, Work Session - July 24, 2006, Work Session - August 9, 2006, Workshop - August 14, 2006, City Council Meeting B. Approval of Tentative Working Agenda Councilor Solomon, seconded by Councilor Ortiz, moved to approve the items on the Consent Calendar. Councilor Kelly indicated he had submitted a minutes correction electronically. Mayor Piercy acknowl- edged the correction and deemed it, without objection, approved. Councilor Bettman stated that she had also submitted minutes corrections electronically. Mayor Piercy acknowledged the corrections and deemed them approved. Roll call vote; the motion to approve the Consent Calendar with the minutes correc- tions passed unanimously, 8:0. MINUTES—Eugene City Council September 11, 2006 Page 2 Regular Meeting 4. PUBLIC HEARING: An Ordinance Prohibiting Extreme Fighting; Adding Section 4.740 to the Eugene Code, 1971; and Amending Section 4.990 of that Code Assistant City Manager Jim Carlson briefly reviewed the item. Mayor Piercy opened the public hearing and reviewed the procedure for testimony. Jason Georgianna , 765 Mimosa Avenue, stated that he was the owner of Pacific Cage Fights and he was opposed to banning MMA fighting. He distinguished between extreme fighting and Mixed Martial Arts (MMA). He averred that professional MMA fighting was tightly regulated by the State, but this was not so for amateur fighting. He said there were a wide variety of promoters, and they varied in how conscien- tious they were in protecting fighter safety. He said that he upheld safety standards in his events and would continue to do so. He related that an amateur MMA Association, to be headed by Mr. Hagen (see below) was being formed. He felt that until the State fully regulated the sport on a professional level some checks and balances were needed in the process. The association sought to provide those checks and balances by imposing regulations such as requiring promoters to have a higher bond if they were not members. He listed some of the guidelines that were potentially going to be instituted: only trained referees would be allowed to work the fights; fights would be bound by a list of approved rules that were no less restrictive than those used by the ultimate fighting championship (minus the use of elbows); a medic and medical supplies would be required as well as ambulance or medical transport; and a database would be created for access to a fighter’s record. (A fighter who had lost by a total knock out [TKO] would be disqualified from fighting for at least two months after the TKO.) He compared MMA to football and noted that people were often hurt and occasionally killed while playing football. David T. Hagen , 2065 Myrtle Avenue Northeast, Salem, 97303, stated that he was an official for the State of Oregon, the head official for refereeing and boxing. He said he officiated at the Ultimate Fighting Championship, the International Fight League, and the Pride levels and had competed in approximately 1,800 amateur and 48 professional bouts. He wished to point out that with the advent of safety concerns, boxing officials were transitioning into MMA fighting. He alleged that a doctor who officiated at most of the championship boxing in the world said that MMA was substantially safer due to the types of injuries typically incurred. He asserted that MMA fighters did not suffer subdural hematomas and the other more serious injuries that boxers suffered. Mr. Hagen wanted to acknowledge that MMA was not for everyone and pointed out that he personally did not care for football. He said that people who did not like MMA fighting would not have to watch it. He stated that the Oregon State Boxing and Wrestling Commission, which was approved by the State of Oregon, implemented safety rules that were recognized by the State Athletic Commission. He alleged that the rate of deaths from boxing was approximately 11 per year and that two people had died as a result of MMA events since its advent. He maintained that if a person was no longer able to intelligently defend himself in an MMA bout it would be terminated, but a boxer who could no longer defend himself well was put back in the ring. He averred that MMA was meant to show the athleticism of the individual. He added that 36 states now sanction MMA fights. Heath Howitt , 3842 Willamette Street, stated that he was a promoter of MMA fights in Oregon. He observed that the Agenda Item Summary (AIS) indicated that the City may regulate cage fighting, but the proposed ordinance suggested a ban on such fights. He said, as a promoter, he would like to see amateurs regulated. He provided a list of 28 rules for professional cage fighting. He noted that he imposed MINUTES—Eugene City Council September 11, 2006 Page 3 Regular Meeting additional rules in bouts that he promoted that sought to protect the fighters. He said he made sure insurance was provided for fighters. He supported regulation of the fights but opposed banning them. Beth Aydelott , 3690 University Street, supported a ban on cage fighting. She assumed that most of the councilors were “personally disgusted” by the activity and the crowds “yelling for blood.” She asked councilors to vote their consciences and to vote against cage fighting. She acknowledged the argument that there should be freedom of expression and the freedom for people to do what they want to do, but she pointed out that this same argument was used to support prostitution. She said that as a college teacher, she taught the young people who were “the victims of this.” It hurt her to think that any of them would find themselves in a cage fight. She questioned the notion that “every civilization has its gladiators.” She thought gladiators were the lowest part of Roman civilization. With regard to local regulation, she was uncertain who would take charge of enforcing them. Cage fighting was something she did not want to see in the City. She asked councilors if they really wanted cage fighting to go on in Eugene. Mayor Piercy closed the public hearing. Councilor Ortiz thanked the young men who came forward and shared their expertise in this area. She noted she raised three sons and had always discouraged them from fighting, just as she tried to discourage them from playing football. Nonetheless, she was grateful for the coaching her sons had received over the years. She had similar feelings about cage fighting. She believed fighting was an art and said that she had grown up watching boxing. She sometimes wished there was a venue for boxing for young people. She said that the Latino community admired boxing. She underscored that the community was diverse and, while she would prefer not to have such fighting in the community, she also would not want to ban it. She supported fighting under the auspices of rules that keep the fighters safe as opposed to back alley fighting. Additionally, Councilor Ortiz stated that she saw many horrible things in her capacity as an emergency room registered nurse. She could not categorize this particular issue as horrible. She encouraged the Council Committee on Intergovernmental Relations to work at the State level for regulations. She said she wanted fighters to be adequately insured so that they would not become a burden to the State as a result of injuries incurred in a fight. Councilor Bettman thanked those who testified. She expressed disappointment that there were not more people interested in the issue. She requested more data on the actual ratio of how many deaths there were in MMA versus other types of fighting. She questioned the assertion that football was more dangerous and wondered if anyone had really done research to back that up. She felt that regulated sports such as boxing and football at least encouraged good sportsmanship. She did not feel that the MMA fighting was in the same category. Councilor Bettman asked if minors were allowed on the premises during a cage fight event. She also wondered how “amateur” was defined. Regarding the regulations that had been provided, Councilor Bettman asked what the cost to the City would be for enforcement of those regulations. Councilor Solomon thanked Mr. Georgianna for his letter. She noted that it was articulate and contained a lot of information on the subject. She was pleased to see that the State was considering legislation in the next session to bring amateur MMA under similar regulations to professional MMA. She stated that she was not interested in regulating or banning MMA in the City of Eugene. MINUTES—Eugene City Council September 11, 2006 Page 4 Regular Meeting Councilor Kelly reiterated his feelings that MMA was a “dehumanizing event.” He said he was partly motivated to support the ban because of safety concerns, but he also agreed with Ms. Aydelott’s testimony that what went on in the community spoke to the “character of the community.” He felt that while one may or may not like football its purpose was not to shed blood or to knock out the other person. He circulated pictures of local cage fights that he printed from Mr. Georgianna’s Web site. Councilor Kelly approved of the standards that were brought forward in testimony, but he expressed some concern because they were proposals for self-regulation. He said if the City would not consider a ban, the council needed to look at how the City would be an enforcer of the regulations and from where this enforcement would be funded. He thought one option for funding would be a business license-type fee. He suggested the council convene another work session on the issue. Councilor Poling found it interesting that the proposed wording in the AIS indicated that the ordinance would ban extreme fighting for which no rules had been established and enforced. He felt some of the proposals in Mr. Georgianna’s documentation covered those points. He suggested that one option would be to work with Mr. Hagen and also Brad Darcy, a member of the State Boxing and Wrestling Commission in order to get a better sense of the regulations. Additionally, he suggested asking Intergovernmental Relations Manager Jason Heuser to contact the State and determine how much progress had been made in its process to better regulate this type of fighting. He thought it possible to establish Eugene’s own criteria in the interim. While he had no desire to attend either a boxing or MMA match, he did not wish to ban this type of sport. He noted that he had been injured playing football, basketball, and baseball. Councilor Pryor echoed the comments of Councilor Poling. He said in looking at the proposed ordinance, it seemed that it sought to ban unregulated amateur fighting. In parsing out the varying levels of the sport, he pointed out that there was professional MMA fighting, which appeared to soon be regulated by the State just as boxing is, the amateur MMA fighting, which was proposed to include some regulations and guidelines, and the unregulated uncontrolled extreme fighting. He felt that regulation was a way to bring a level of safety into fighting for the sport and he supported further exploration of the issue. While he did not have a problem with prohibiting extreme fighting, he wanted more information about the kind of regulation, the procedures and mechanisms for regulation, and the interaction with State regulations. Councilor Kelly pointed out that the pictures he passed out were from one of the fights that had been held under the governance of the rules that Mr. Georgianna presented. While he applauded the idea behind the regulations, he felt that without governmental enforcement it was hard to rely on those rules. He also wanted staff to clarify the issue of medical coverage. He agreed with Councilor Ortiz that, at a minimum, a definitive answer was needed as to who would be responsible for a fighter who was catastrophically injured. 4. ACTION: Motion to Reconsider Area 15: Jefferson Westside Neighborhood Councilor Papé, seconded by Councilor Solomon, moved to substitute the following mo- tion for the tabled motion he made earlier in the evening during the work session: to initi- ate amendment of the Metro Plan, of the Jefferson/Farwest Refinement Plan, and the Land Use Code to limit the subject area to Low-Density Residential development. In addition, the motion would direct the City Manager to make this one task one of the high- priority MINUTES—Eugene City Council September 11, 2006 Page 5 Regular Meeting tasks on the Planning Commission work plan and to accomplish this as quickly as practi- cable within the parameters of the amendment process. Unless the council takes further action with regard to the subject area, the subject area shall revert to allow Low- to Me- dium-Density Residential development on July 1, 2008. Councilor Papé remarked that as he understood it, this was the only neighborhood affected by the housekeeping amendments the council had approved. He hoped that the City could get “ahead of the game” in terms of opportunity siting and to the kinds of infill standards that were needed so the City could develop the kind of density intended through the Metro Plan. Councilor Kelly asked his colleagues to consider his comments from the work session as they contemplated their votes. Councilor Bettman indicated she intended to support the motion. She believed the City could absorb increased population without “destroying neighborhoods.” She encouraged her colleagues to look at this motion as a way to put things back the way they were before they adopted the housekeeping amendments to the Metro Plan in ignorance of the actual explicit impact to the neighborhood. She said that the motion before the council would start the public process and would allow people the opportunity to fairly participate in decisions made regarding their neighborhood and homes. Councilor Ortiz stated that she could not support the motion because she did not consider it to be the council’s highest priority. She acknowledged that the neighborhood managed to get together and solidify their vision and bring it forward. Her concern with the motion was in line with her concern regarding the livability of all neighborhoods. She understood that a neighborhood would prefer to keep their area as pristine as possible, but she felt that the more barriers put up against densifying a neighborhood the less opportunity other people had to live in better neighborhoods and to have better lives. Councilor Pryor supported the substitute motion. He said the real focus for him was not whether there was a certain level of density; rather, he wanted to place a high priority on getting some standards that could be used in all neighborhoods. He said that the City needed to manage growth in a thoughtful and careful way that both acknowledged and recognized the need to keep neighborhoods as livable as possible as Eugene accommodated further growth and density. He reiterated his support for the motion, adding his prediction that it would only force the issue to come up in another way. Councilor Taylor called the motion a step toward correcting a mistake. She felt it was only to protect the neighborhoods that homeowners had bought into in order to protect their investments in the neighborhood. She felt this motion would bring justice to the neighbors and would be an asset to the entire community by protecting a central neighborhood, while working to prevent urban sprawl. Mayor Piercy observed that the councilors, for the most part, agreed that they wanted to find ways for people to live more densely while doing it in a way that preserved the character of neighborhoods. She had some concern in regard to the impact affordability was having on the School District 4J. She related that she recently spoke with School Superintendent George Russell about this and there was some question of what the community would do when young families could no longer afford to buy houses. She asked the council to consider what the City would do if only wealthy people could find a house in the City while other areas became “ghettoized.” She said working families were struggling to find a place in the community and if things keep going on this track, they no longer could afford to live in Eugene. She felt one could go into MINUTES—Eugene City Council September 11, 2006 Page 6 Regular Meeting almost all neighborhoods in the City and find “all different kinds of housing and all different levels of income” and this was something to be cherished. Councilor Bettman agreed with those sentiments. She said the council had to work to preserve affordable single-family housing as it existed in “traditional urban core neighborhoods.” She asserted that allowing “blanket up-zoning” to this level of density in single-family areas would be detrimental to the neighborhood as it would increase the number of rental units and contribute to the high turnover of area residents. Councilor Taylor considered the housing in the neighborhood in question to be middle-income housing and thought it should be protected. Roll call vote; the motion to substitute Councilor Papé’s motion passed, 6:2; councilors Ortiz and Kelly voting in opposition. Roll call vote; the substitute motion passed, 6:2; councilors Ortiz and Kelly voting in op- position. The meeting adjourned at 8:28 p.m. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Ruth Atcherson) MINUTES—Eugene City Council September 11, 2006 Page 7 Regular Meeting