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HomeMy WebLinkAbout11/05/1990 Meeting e M I NUT E S Eugene City Council Council Chamber--Eugene City Hall November 5, 1990 7:30 p.m. COUNCILORS PRESENT: Emily Schue, Robert Bennett, Ruth Bascom, Shawn Boles, Debra Ehrman, Bobby Green, Freeman Holmer, Roger Rutan. The regular meeting of November 5, 1990, of the Eugene City Council was called to order by His Honor Mayor Jeff Miller. In light of the large number of items on the council's agenda, Mayor Miller asked those testifying at the public hearings to limit their comments to three minutes in order to allow everyone the opportunity to speak. I. PUBLIC FORUM Randy Prince, PO Box 927, Eugene, testified as an advocate for pedestrians and bicyclists voicing concern that the City does not care about the lower- e income residents of Eugene. He said that bicycle and pedestrian corridors are often unsafe as evidenced by the recent traffic fatality on Barger Drive, and recommended that the City take actions to improve them. Logan Dhonau, 1883 University Street, spoke about police arrest policies. He noted that he was recently misled by State police officers into coming to the station to aid in an investigation, at which time he was arrested for ne- glecting to pay a bicycle fine. He voiced concern with the use of deceptive arrest policies and said that a policy distinction should be made between criminal and non-criminal offenses. II. CONSENT CALENDAR Approval of City Council Meeting Minutes of June 25, 1990. Ms. Schue moved, seconded by Mr. Bennett, to approve the items on the City Council consent calendar. Roll call vote; the motion carried unanimously, 8:0. e MINUTES--Eugene City Council November 5, 1990 Page 1 - ----~ e III. PUBLIC HEARING: PROPOSED ORDINANCE TO RESTRICT USE OF SOLID-FUEL SPACE-HEATING DEVICES DURING AIR POLLUTION EPISODES City Manager Mike Gleason introduced the topic. Don Arkell, Lane Regional Air Pollution Authority (LRAPA), noted that in July 1987, the Environmental Protection Agency (EPA) adopted revisions to the National Ambient Air Quality Standards for small particulate matter. Since that time, the air quality in Eugene has violated Federal air standards several times, particularly during winter months. Mr. Arkell said that the primary source of the violations is smoke from wood stoves and fireplaces. The Federal Clean Air Act requires areas which exceed those standards to develop and implement enforceable con- trol measures to ensure that no violations occur. He indicated that LRAPA has adopted a plan that would restrict use of these devices during periods of poor air quality, but noted that local ordinances would need to be adopted to make these changes legal. This hearing is to provide for public input re- garding the proposed ordinances. Responding to questions from Mr. Rutan, Ralph Johnston of the LRAPA staff said that the phrase "visible emissions" refers to any visible smoke coming out of the chimney or smokestack. This standard is commonly used to regulate emissions. Enforcement would occur primarily on a complaint basis. Ms. Bascom asked whether the no-vi sible-emissions standard satisfies concerns raised earlier by wood stove manufacturers. Mr. Johnston said that this wording is acceptable to members of the wood stove industry, noting that the e industry would also like to see exemptions for EPA-certified wood stoves. Responding to questions from Mr. Bennett, Mr. Johnston said that the ordi- nance which the County is considering adopting is similar but includes addi- tional exemptions for certified wood stoves. Mr. Bennett felt that for ease of enforcement, all three jurisdictions should adopt the same ordinance. Mayor Miller opened the public hearing. Anne Perrault, 2391 Jefferson Street, testified in favor of the ordinance. She voiced concern with allowing exemptions for certified wood stoves and said that in the future, the council should consider adopting even more stringent air quality standards. Jessie Gustafson, 1795 West 7th Avenue, spoke against the ordinance. Refer- ring to the ordinance exemption for persons who rely on wood stoves as their sole heating source, she said that because everyone has access to portable electric heaters, no one would be exempt from regulation. Ron Crasilneck, 3091 Hendricks Hill, offered revisions to the proposed ordi- nance. He commented that the industry is already over-regulated and suggest- ed that the ordinance contain exemptions for certified wood stoves and pellet stoves. He observed that on those few days in question, air quality in Lane County barely exceeds Federal health standards. He suggested the City con- sider a program of voluntary compliance and that the ordinance contain a e MINUTES--Eugene City Council November 5, 1990 Page 2 e provision designating the ordinance "non-enforceable until it is proven nec- essary. II There being no further requests to speak, the public hearing was closed. Responding to Ms. Gustafson's testimony, Mr. Arkell said that term IIs01e sourcell refers to all permanently installed heating systems. Responding to Mr. Crasilneck's testimony, Mr. Arkell said that LRAPA staff is willing to consider exemptions for pellet stoves and certified wood stoves as long as the visible-emissions standard is still involved. He also pointed out that this is an air pollution proposal, not an energy proposal, and said that the ordinance would take effect approximately six days per year. Mr. Rutan expressed concern that enforcement would be difficult and felt that these standards might actually encourage people to burn on IIredll days. In response, Mr. Arkell responded that the no-visible-emissions standard would be easy to enforce. He also noted that a good public education program would be an important component of the entire program. LRAPA is recommending that the City issue warnings, rather than violations, during the first year. Ms. Ehrman asked who would be responsible for enforcement. Sharon Rudnick, City Attorney's Office, said that the ordinance allows the City Manager to designate enforcement authority and to specify which jurisdiction's rules are used. e Mayor Miller suggested that the City impose a mandatory one-year ordinance review to see if the ordinance has been effective. Ms. Schue noted that the Federal government has mandated that the City ad- dress the pollution problem and said that LRAPA feels that this ordinance is reasonable and fair. She also noted that a great deal of public input had been involved in crafting the ordinance and urged its adoption. Mr. Rutan acknowledged the need to adopt some type of air quality regulation, but felt that the ordinance should support and encourage citizens to make a transition to certified wood stoves. Indicating his continued reservations about the enforceability of the no-visible-emissions standard, he agreed on the importance of a one-year review. Mr. Rutan also said that he is uncom- fortable making a decision on this issue until the County has reached a deci- sion on its ordinance. Responding to a question from Ms. Ehrman, Mr. Arkell said that pellet stoves have no difficulty meeting the no-vi sible-emissions standard; a separate ordinance exemption would not be required, if the council decided to include pellet stoves in the class of certified wood stoves. CB 4261--An ordinance restricting the use of solid-fuel space- heating devices during air pollution episodes; adding Sections 6.250, 6.255, 6.260, 6.265, and 6.270 to the e MINUTES--Eugene City Council November 5, 1990 Page 3 e Eugene Code, 1981; establishing penalties; and de- claring an effective date. Ms. Schue moved, seconded by Mr. Bennett, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Mr. Rutan moved to amend the motion to exempt EPA-certified wood stoves from prohibition and allow them to be burned on "red" days. The motion died for lack of a second. Mr. Rutan moved, seconded by Mr. Boles, to amend the motion to mandate a one-year ordinance review. The motion carried unan- imously, 8:0. Ms. Ehrman urged the council to adopt this ordinance. She agreed with Mr. Bennett on the need to work with the other jurisdictions to come up with one ordinance governing all jurisdictions and suggested that individual council- ors work one-on-one with those officials to work out an acceptable ordinance. Mr. Rutan reiterated his concern that the ordinance does not contain incen- tives for the purchase of certified stoves. He also said that he does not believe that this ordinance is strong enough. Roll call vote; the motion carried unanimously, 8:0. e Council Bill 4261 was read the second time by number only. Ms. Schue moved, seconded by Mr. Bennett, that the bill be approved and given final passage. Roll call vote; the motion carried 7:1, with councilors Boles, Ehrman, Schue, Bascom, Bennett, Green, and Holmer voting aye and Councilor Rutan voting nay; the bill was declared passed (and became Ordinance 19731). IV. PUBLIC HEARING: HUMAN RIGHTS TASK FORCE RECOMMENDATIONS AND ORDINANCE City Manager Mike Gleason introduced the topic. Keli Osborn, Planning and Development Department, gave the staff report. On October 8, the council held a work session on the recommendations from the Human Rights Task Force and directed staff to prepare an ordinance and schedule a public hearing. Ms. Osborn said that the ordinance under consideration proposes the estab- lishment of a new Human Rights Commission and several standing committees of that commission. It also proposes the procedures, duties, and powers of those advisory groups. Ms. Osborn noted that the task force is seeking adop- tion of its final report, which contains elements outside the scope of the ordinance; namely, a statement on the mission, goals, and objectives for the e MINUTES--Eugene City Council November 5, 1990 Page 4 - City of Eugene in the area of human rights, and a recommendation for in- creased Human Rights Program staffing. Mayor Miller opened the public hearing. Alea De Jung, 1000 Fircrest Drive, representing Family and Friends of Lesbi- ans and Gays, offered her full support of the ordinance. Marion Malcolm, 110 Mayfair Street, spoke as a member of the Human Rights Task Force, in favor of the ordinance. She noted the challenging and reward- ing effort that went into creating the proposal and said that the proposed new program structure would make the Human Rights Program more effective. Randy MacDonald, 3032 Ferry Street, testified as a past commission member of the Human Rights Program in favor of the proposal. He highlighted the impor- tance of having broad representation on the Human Rights Commission and sug- gested that community leaders and other interested citizens be involved in the appointment process. David FidanQue, 1675 Willamette Street, testified on behalf of the ACLU, in support of the proposal. He concurred with Ms. Malcom that the proposed model will be more effective than the past program structure and emphasized that support for this proposal is one important means of intervening in the racial problems which have recently arisen in the community. He noted that the ACLU proposes that the existing Human Rights ordinance be revised to prohibit discrimination on the basis of sexual orientation. e Laurie McClain, 245 North Polk Street, spoke in favor of the proposal. She said that while the opportunity for self-determination was a strong component of the past program structure, the opportunity for community coalition against discrimination will be advantageous in the new structure. Sarah Graham, 23 West 35th Avenue, testifying as a member of the Commission on the Rights of Youth, urged the quick adoption and implementation of this plan. Shannon Thienes, 87830 Upland Street, Springfield, testified as a member of the Lane County Youth Development Commission in favor of this propos~l. She voiced concern that some issues or concerns might be neglected under the new structure, particularly as they relate to the youth in the community. She suggested that a formal mechanism be created with youth input to ensure ade- quate representation of youth in the community. Brian Knowles, 1133 Olive Street, spoke in opposition to the proposal. He noted that the report does not address the issue of staffing for the commis- sion and felt that this issue should be addressed before adopting the report. There being no further requests to speak, the public hearing was closed. Ms. Bascom thanked Councilor Green and Mayor Miller for the hard work and effort which they invested in creating this proposal. e MINUTES--Eugene City Council November 5, 1990 Page 5 e Mr. Green urged the council to support this proposal. Ms. Schue offered her enthusiastic support of the proposal. She spoke about the important function the Womens' Commission served in terms of recruiting female candidates for positions on boards and commissions and emphasized that this function should not be lost with the restructure. Ms. Ehrman also offered her support for this proposal, indicating that commu- nity education and outreach efforts are important agents of a human rights commission. Mayor Miller recognized the members of the Human Rights Task Force for their efforts in drafting this proposal. Ms. Schue moved, seconded by Mr. Bennett, to approve the final report of the Human Rights Task Force and the recommendations contained therein. Roll call vote; the motion carried unani- mously, 8:0. CB 4262--An ordinance concerning the Human Rights Commission; establishing a new commission and standing committees of the commission; amending Sections 2.013, 2.109, 2.260, 2.265, 2.270, 2.275, and 2.280 of the Eugene Code, 1981; and declaring an emergency. e Ms. Schue moved, seconded by Mr. Bennett, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 8:0. Council Bill 4262 was read the second time by number only. Ms. Schue moved, seconded by Mr. Bennett, that the bill be approved and given final passage. Roll call vote; all coun- cilors present voting aye, the bill was declared passed (and became Ordinance 19732). v. PUBLIC HEARING: BUSINESS LICENSE PROGRAM CHANGES Greta Utecht, Planning and Development Department, gave the staff report. She said that the City's general business license provisions were last re- vised in 1985. While these regulations have provided a good framework for the individual types of business licenses now issued by the City, some gener- al provisions need to be revised in order to reflect current business prac- tices, State laws, and local needs. Sections specific to detective and secu- rity agents and agencies also have come under scrutiny following recent staff experience with enforcement actions. All proposed revisions can be found in Chapter 3 of the Eugene Code. e MINUTES--Eugene City Council November 5, 1990 Page 6 e Mayor Miller opened the public hearing. Terry A. Miller, PO Box 121, Blue River, testified in opposition to the pro- posed changes in detective and security licensing. He stated that the pro- posed increase in certification fees would make it virtually impossible for an unemployed person to get a job in this industry. He also said that there is little distinction between the duties of a detective and a security guard, and felt that these positions should not be separated within the code. Annette Miller, Springfield, testified against the one-year certification proposed for investigators and security agents. Referring to the staff notes which indicated that the results of a phone poll revealed positive feedback on the proposed changes from most of the agencies contacted, she noted that most of the individuals who are affected by these changes would be opposed and doubted the accuracy of the statement. She submitted additional written testimony in opposition to the changes from individuals who own security businesses. Donald Bennett, 415 North 32nd Street, Springfield, identified himself as the owner of Pacific Security and testified against the yearly license fee re- quirement. He said that he opposes both an increase in certification fees and separate licensing requirements, noting that the latter would be diffi- cult, if not impossible, to enforce. John Davis, 1591 Green Acres Road, spoke against the proposed increase in e certification fees. Noting that security owners cannot often afford to pay officers more than minimum wage, he said that the increased certification fee would make it difficult for unemployed persons to get a job in this field. He said that there is little distinction between the duties of security offi- cers and detectives and found such a differential classification system to be arbitrary and capricious. Jeff Guidotti, 840 Ferry Street, testified in opposition to the proposed security licensing changes. He felt that public notification on this issue was inadequate and suggested that the supposed need to increase fees to cover costs is indicative of the City's record-keeping inefficiency. Len LeBlanc, 3813 Scenic Drive, testified that the proposed licensing changes are unfair and said that costs of a security officer's uniform alone is quite high. Chuck Collins, 953 M Street, Springfield, owner of Collins Security, testi- fied against most of the proposed licensing changes. He said that he favors the distinction between security and detective agencies, but felt that the proposed certification fees are too high. Joe Compton, 450 South 42nd Street, identified himself as a displaced mill worker and concurred with Mr. Collins that the proposed certification fees are too high. He also felt that the certification term should be extended to a minimum of three years. e MINUTES--Eugene City Council November 5, 1990 Page 7 e Steve Coleman, 345 West 13th Street, testified in favor of distinguishing between detective agency and security officer functions. He said that it is unfair that he must pay duplicative insurance premiums to meet City and State licensing requirements. James H. Minier, 5007 Main Street #4, Springfield, speaking as a security officer testified in opposition to what he described as unreasonable certifi- cation fees. George Allen Williams, 166 Iowa Street, testified that imposing any security licensing fee is anti-business. Travis Mitchell, 1415 South Bertelsen Road #26, concurred with those who spoke before him in opposition to the proposal. He cautioned that the City it putting itself at legal risk by duplicating permit requirements. There being no further requests to speak, the public hearing was closed. Ms. Ehrman moved, seconded by Ms. Schue, to hold a council work session on this topic. In addition to a work session, Ms. Schue requested a report from staff on the State licensing requirements for these positions. The motion carried unanimously, 8:0. e (At 9:25 p.m., the council recessed for 5 minutes.) VI. PUBLIC HEARING: PROPOSED ORDINANCE CONCERNING OFFICIAL UNIFORMS Mayor Miller announced that this agenda item was being postponed to another date yet undetermined. VII. PUBLIC HEARING: STREET VACATION OF PLEASANT HIGHWAY, LOCATED WEST OF SPRING BOULEVARD AND NORTH OF EAST 43RD AVENUE (SV 90-3) Assistant City Manager Dave Whitlow introduced the topic. Jim Croteau, Plan- ning and Development Department, gave the staff report. He said that appli- cants are requesting the vacation of a portion of Pleasant Highway which was dedicated in the County a number of years ago. The alignment of this right- of-way does not meet the access needs of the area and would be difficult to build due to adverse slope conditions. The applicant has submitted and re- ceived approval by the Eugene Hearings Official of a planned unit development which will be developed in the area of the requested right-of-way vacation. This development provides alternative access to this area. Noting that the developer will benefit substantially from the improved street, Ms. Bascom asked whether it might be possible to have the developer e MINUTES--Eugene City Council November 5, 1990 Page 8 e pay either partial or full street improvement costs. Mr. Croteau responded that requiring the developers to pay improvement costs is not allowable be- cause the development does not lie directly on 43rd Avenue. He explained further that 43rd Avenue is currently not passable and must be passable be- fore development occurs. Mr. Bennett reminded Ms. Bascom that any fees associated with development would eventually be passed on directly to the user. Ms. Ehrman asked whether the developer is required to pay any fees associated with the vacation request. In response, Mr. Croteau said that the developer is expected to pay a vacation request application fee. Mayor Miller opened the public hearing. Randy Prince, PO Box 927, commented on this issue. He said that when the City is trading its property, it should be certain that it is collecting the full value for those lands. He also suggested that to enable citizens' un- derstanding, staff reports concerning land trades should include a statement of financial impact. Paul Nicholson, 1855 East 28th Avenue, concurred with Mr. Prince's testimony. Responding to questions from Ms. Schue, Mr. Croteau said that staff does analyze whether a developer should compensate the City for the cost of right-of-way. In this instance, it was determined that the developer should e not make such compensation. CB 4265--An ordinance vacating a portion of Pleasant Highway and declaring an emergency. Ms. Schue moved, seconded by Mr. Bennett, that the bill, with unanimous consent of the council be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 8:0. Council Bill 4265 was read the second time by number only. Ms. Schue moved, seconded by Mr. Bennett, that the bill be approved and given final passage. Roll call vote; all coun- cilors present voting aye, the bill was declared passed (and became Ordinance 19733). VIII. PUBLIC HEARING: STREET VACATION OF RIGHT-OF-WAY LOCATED SOUTH OF WILLAKENZIE ROAD, EAST OF BAR M DRIVE (ROGER OBERG)(SV 90-5) City Manager Mike Gleason introduced the topic. Jim Croteau, Planning and Development Department, reported on this issue. He said that the applicants are requesting the vacation of right-of-way along the south side of e MINUTES--Eugene City Council November 5, 1990 Page 9 e Willakenzie Road that was dedicated in the County a number of years ago. The area that would be served from this right-of-way is provided access from the surrounding existing and proposed streets and is not needed for public ac- cess. Mr. Croteau noted that the City does not recommend compensation for the right-of-way. Mayor Miller opened the public hearing. There being no requests to speak, the public hearing was closed. CB 4266--An ordinance vacating right-of-way located south of Willakenzie Road and east of Bar M Drive. Ms. Schue moved, seconded by Mr. Bennett, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 8:0. Council bill 4266 was read the second time by number only. Ms. Schue moved, seconded by Mr. Bennett, that the bill be approved and given final passage. Roll call vote; with all councilors present voting aye, the bill was declared passed (and became Ordinance 19734). e IX. PUBLIC HEARING: APPROVAL OF RESOLUTION AND OF REVISED CHARTER FOR THE AMAZON NEIGHBORS City Manager Mike Gleason introduced this topic and noted that Christine Donahue, Planning and Development Department, was available to answer ques- tions. Mayor Miller opened the public hearing. Vern Ho, 2455 University Street, urged the council to support this request. There being no additional requests to speak, the public hearing was closed. Res. No. 4212--A resolution to approve and accept the Amazon Neighbors Revised Charter. Mr. Holmer commended the Amazon neighbors for the quality of this resolution. Ms. Schue moved, seconded by Mr. Bennett, to adopt the resolu- tion. Roll call vote; the motion carried unanimously, 8:0. e MINUTES--Eugene City Council November 5, 1990 Page 10 e X. PUBLIC HEARING: ORDINANCE CONCERNING A STREET VACATION (CITY OF EUGENE: DEPARTMENT OF PUBLIC SAFETY) (SV 90-4) City Manager Mike Gleason introduced the topic and said that Jerry Jacobson, Planning and Development Department, was available to answer questions. Mayor Miller opened the public hearing. There being no requests to speak, the public hearing was closed. CB 4267--An ordinance vacating the unused south portion of West 11th Avenue, located between Ocean Street and Sam R Street, more particularly described on Exhibit A attached hereto and incorporated herein by refer- ence. Ms. Schue moved, seconded by Mr. Bennett, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion carried unanimously 8:0. Council bill 4267 was read the second time by number only. Ms. Schue moved, seconded by Mr. Bennett, that the bill be e approved and given final passage. Roll call vote; with all councilors present voting aye, the bill was declared passed (and became Ordinance 19735). XI. CDBG ACCESSIBILITY PROJECTS City Manager Mike Gleason introduced the topic and said that Linda Dawson, Planning and Development Department, was available to answer questions. Ms. Schue moved, seconded by Mr. Bennett, to approve revised allocations for use of Community Development Block Grant (CDBG) funding for accessibility improvements to City facili- ties. Roll call vote; the motion carried unanimously, 8:0. XII. RESOLUTION ESTABLISHING A RIVER ROAD SHORT-TERM FINANCING FUND City Manager Mike Gleason introduced the topic and said that David Biedermann, Finance Division, was available to answer questions. Res. No. 4213--A resolution establishing a River Road Short- Term Financing Fund. e MINUTES--Eugene City Council November 5, 1990 Page 11 e Ms. Schue moved, seconded by Mr. Bennett, to adopt the resolu- tion. Roll call vote; the motion carried unanimously, 8:0. Mayor Miller adjourned the meeting of the Eugene City Council and convened the meeting of the Urban Renewal Agency. XII 1. RESOLUTION ESTABLISHING AN URBAN RENEWAL AGENCY RIVERFRONT CAPITAL DEVELOPMENT TRUST FUND City Manager Mike Gleason introduced the topic and said that David Biedermann, Finance Division, was available to answer questions. Responding to questions from Mr. Boles, Mr. Biedermann explained that the Urban Renewal Agency (URA) needs to establish a separate expendable trust fund to receive and expend money from the State of Oregon Regional Strategies Grant. Grant and loan proceeds and interest earnings will be used to make loans to businesses in the URA Riverfront renewal area. As the resources for this fund will be used to provide loans to businesses in the URA Riverfront renewal area, it is appropriate by Generally Accepted Accounting Principles (GAAP) to set up a separate expendable trust fund to receive and expend those resources. Res. No. 949--A resolution establishing the Urban Renewal Agency Riverfront Capital Development Trust Fund. e Ms. Schue moved, seconded by Mr. Bennett, to adopt the resolu- tion. Roll call vote; the motion carried unanimously, 8:0. Mayor Miller adjourned the meeting of the Urban Renewal Agency and reconvened the meeting of the Eugene City Council. XIV. APPOINTMENTS: NOTIFICATION OF MAYOR'S APPOINTMENTS TO THE METROPOLITAN AREA ELECTRICAL POWER PLANNING COMMITTEE This agenda item was postponed to the council's November 14 work session. The meeting adjourned at 10 p.m. Respectfully submitted, - ~.4~'1 Micheal Gleason City Manager (Recorded by Traci Northman) mncc 110590-730 - MINUTES--Eugene City Council November 5, 1990 Page 12 e- M E M 0 RAN 0 U M November 14, 1990 TO: Kathy Fieland FROM: Mary Feldman SUBJECT: City Council Tapes This is to note for the record that, due to an equipment malfunction unknown to the minutes recorder at the time, no tape recording was made of the Eugene City Council 7:30 p.m. meeting November 5, 1990. . -