Loading...
HomeMy WebLinkAboutCC Minutes - 05/23/05 Mtg MINUTES Eugene City Council Regular Session Council Chamber--City Hall May 23, 2005 7:30 p.m. COUNCILORS PRESENT: George Poling, Jennifer Solomon, Bonny Bettman, David Kelly, Andrea Ortiz, Gary Pap~, Chris Pryor, Betty Taylor. Mayor Kitty Piercy called the meeting of the Eugene City Council to order and welcomed all those present. 1. PUBLIC FORUM Mayor Piercy observed that 20 people signed up for the Public Forum. Councilor Bettman, seconded by Councilor Pap~, moved to hold 45 minutes for the Public Forum and to limit testimony to two minutes per person. Roll call vote; the motion passed unanimously, 7:0, Councilor Solomon having not yet arrived. Mayor Piercy reviewed the rules of the Public Forum. Councilor Solomon arrived. Jeremy Hall, PO Box 11648, Eugene, said that he worked with the Oregon Natural Resources Council (ONRC). He urged support for Resolution 4836. He averred that clean water and the big trees in the McKenzie River watershed were some of the primary reasons why Eugene was a great place to live, work, and raise a family. A "yes" vote on the resolution, he asserted, would say "yes" to clean drinking water, "superb" recreational opportunities, and a balanced local economy. He attributed the quality of life for Eugene residents, past, present, and future, to the public forests and clean water of the McKenzie River. He underscored that the river provided jobs as well, both related to outdoor activities and to the businesses that stay or relocate here in part because of the quality of life. Mr. Hall stated that the "towering groves of ancient trees" were dwindling. He alleged that over 3,352 acres of old growth forest were slated to be cut over the next few years. He averred that logging such forests in past decades had contributed to massive sedimentation in river waters. He pointed out that EWEB was forced to shut down its plant during the flood of 1996. He provided a spreadsheet that described the logging projects for the council and a copy of a petition containing 5,180 signatures from people calling on the Forest Service and Congress to permanently protect the old growth and mature forests of the McKenzie River. Amy Pincus-Merwin, 2220 Sandy Drive, spoke in support of Resolution 4836. She wished to call attention to herbicide use on land that had been clear-cut in the McKenzie Watershed and all over Oregon. She MINUTES--Eugene City Council May 23, 2005 Page 1 Regular Session asserted that pesticides such as Arsenal, Oust, and 2-4-D were getting into the watershed and harming people. She said she was a breast cancer survivor who had been poisoned by the herbicide 2-4-5-T, related to 2-4-D and a component of Agent Orange. She predicted that 20 years from now the cancer rates in people in the McKenzie watershed would spike if logging and spraying is allowed. John Dotson, 2447 Canterbury Street, said he joined the Santa Clara Committee for Sensible Parks and Open Spaces a few months earlier and found the people to be sincere and dedicated to their concerns about the future of parks in the Santa Clara area. He felt there were ~filters" in place that prevented the correct information from being provided to the councilors. He stated that committee members had spent much time in the community and had a different idea than the City of what the people in the Santa Clara area wanted and needed. He indicated the committee wished to work with the City's Parks and Open Space Division to advance the park needs of the area. He felt this would save time as the flow of information would go directly into the division. He commented that, while he supported Councilor Papa's concept of a sports complex with baseball diamonds, he did not perceive it to be a priority. He thought such a complex should be in a commercial area where the games could continue into the morning hours. He suggested that other theme parks could complement the area and diversify traffic problems there. Zachary Vishanoff, Patterson Street, called it a shame that public input was being reduced to two minutes. He averred that there had been ~a problem with a lot of issues around town" because not enough public input was gathered. Mr. Vishanoff provided copies of an article printed in The Oregonian entitled Civic Duty Doesn't Play on the Islands. He explained that the Nike Corporation did not pay its share of taxes. He thought the City should discuss this. He noted that a place in Canada had chosen not to take donations from Nike Corporation. Mr. Vishanoff provided examples of the %racker box housing" for which proponents of %mart growth" and the Congress of the New Urbanism were advocating. He said more and more of these types of houses were being built. In closing, Mr. Vishanoffthanked Mayor Piercy for acknowledging that some sort of forum would be held on the University of Oregon's basketball arena. He also said to slow down the Bus Rapid Transit (BRT) project. Dan Herbert, 1913 Potter Street, member of the Eugene Redevelopment Advisory Committee (ERAC), reminded councilors that he spoke at the last meeting about the need to reexamine the relationship between planning and development, and noted he would raise two planning issues in his present testimony. He said the first issue was the 50-year projection for population growth in the area and the second issue was the inequalities in elementary education. He noted that School District 4J Superintendent George Russell warned that addressing education inequalities could mean changes in housing patterns. He felt that taken together, these two issues could block efforts to realize whatever plans were made. He said one problem was how the City organized for development. He averred the present organization was mainly reactive. He thought public/private partnerships in the next decade would demand a more proactive role for public agencies. He asserted another problem had to do with ends and means. He said the City often planned for the results it wanted but did not provide for the intermediate steps. He noted that the cities of Portland and Eugene contained several alternative models of how to organize for development. He maintained that studying these models would help the City rethink its development policies for the next decade. He indicated MINUTES--Eugene City Council May 23, 2005 Page 2 Regular Session he would return to two more Public Forums to further discuss and summarize his ideas on this topic as well as to suggest what next steps the council might want to consider. Glen Love, 393 Ful Vue Drive, averred that everyone realized that the McKenzie River was a priceless resource. He said what might not be so widely recognized was that the river was what it was because of the ancient forests in its watershed. He stated that these forests were the ultimate source of that ;;peerless" water because they protected and filtered the water. He asserted the trees helped to protect the river from floods and erosion and fostered healthy fish populations. He quoted writer John Fowles, who said old growth forests were the ;;last green churches and chapels outside the walled civilization and culture we have made with our tools." He urged protection of the old growth forest. Roxie Cuellar, 2053 Laura Street, Springfield, representing the Lane County Home Builders Association (LCHBA), spoke regarding the ordinance creating the Metropolitan Wastewater Management Commission (MWMC) as an intergovernmental entity. She said the LCHBA would withdraw its objections to the ordinance as it stood if the intergovernmental agreement (IGA) specified that a change in the numbers would require that the cities have a final say in them. She reiterated that any change in the numbers would change the methodology for computing them. She said, given that the Environmental Protection Agency (EPA) would not be loosening the rules on treatment, the MWMC capital project list as proposed could increase by $90 million. She shared the LCHBA's hope that the list would deal with the ~real source of the problem." She averred the problems were not just due to growth-related issues and new Department of Environmental Quality (DEQ) rules, but rather to problems with inflow and infiltration (I&I) and asserted that nothing in the proposals seemed to address this. She asked where the responsibility of individual home owners lay in this respect and wondered if private lines should be checked. She underscored the need to take care of the broken places in the lines over building new ones. Tom Snyder, 1143 Monroe Street, explained that he lived near the Monroe Street Cafe. He said the caf~ had changed ownership 18 months earlier bringing with it a change in the style of service and how the caf~ was managed. He stated that the establishment had become a bar and now neighbors were experiencing difficulty with noise levels from patrons and live music. He noted that the Oregon Liquor Control Commission (OLCC) did not have an agreement with this particular establishment because the agreement with the previous establishment was passed on with the sale. He said the agreement was about to expire and asked the City to intervene on behalf of the neighborhood to help the establishment become a better neighbor. He played a tape of people yelling at the bar that he allegedly made on his front porch at 11:45 p.m. He added that dogs tied up in front of the caf~ had menaced him. Kathy Saranpa, 3015 Friendly Street, chair of the Crest Drive Citizens Association (CDCA), related that at a work session in January, councilors expressed awareness of %ngoing problems with trust and communication" between her neighborhood and City planning staff. She said neighbors in attendance were feeling ~fresh outrage" because a local improvement district (LID) had been proposed for Crest Drive and Storey Boulevard. She stated that after the council directed staff to work on context-sensitive design and to maintain better contact with the neighborhood, the residents felt better about the situation. She reported that the first communication she received regarding the street classifications arrived on May 17, initiated by her after she realized the issue had been placed on the council agenda for June 29. She said Principal Engineer Mark Schoening agreed to come to the next neighborhood meeting. She hoped he could address neighborhood concerns. She stressed that the CDCA wanted the neighborhood streets to be classified as local, adding that the neighbors wished to see specifications for context-sensitive design in writing. She MINUTES--Eugene City Council May 23, 2005 Page 3 Regular Session believed that the guiding principles were positive, but until placed into writing they would remain only principles. Becky Riley, 202 Hawthorne Avenue, said she was speaking on behalf of herself and a network of west Eugene residents who were advocating for cleaner air. She urged that Drew Johnson be appointed to the Lane Regional Air Pollution Authority (LRAPA) Board. She averred that his knowledge of the agency and of air regulation far surpassed that of the other candidates. She related that he had helped her neighborhood understand air contaminants and air pollution programs. She noted that the former director of LRAPA referred to him as the ;;ideas guy." She felt his skills were much needed at the agency, especially given the relative newness of some of the board members. She declared that he would help inform the board's choices because of his experience and public health perspective. Pat Hadley, 2611 Edison Street, president of the Trainsong Neighbors, echoed Ms. Riley's recommendation of Mr. Johnson. She explained that the Trainsong Neighbors were going to be intimately involved with issues regarding J.H. Baxter & Company and the railroad and would benefit from knowing that someone would be on board who could take a seat on the LRAPA and take action right away. She said originally she put her name into the running for the position, but withdrew because she considered Mr. Johnson to be a better candidate. Bill Burwell, 90575 Mountain View Lane, Leaburg, urged the City Council to adopt Resolution 4836. He explained that he was a lifelong resident of the McKenzie Valley, and noted that he had worked both in the timber industry and as a restoration forester. He averred that old growth trees were a thing of the past for mills as only three mills in the county remained tooled for large trees. He felt the USFS needed the direction the resolution would provide, as it was under pressure from Washington, DC, to cut the trees. He stated that selective management was good for second-growth forests and such forests provided the kinds of logs most mills were seeking. Mary Farrington, 1160 Monroe Street, wished to address the problems the Monroe Street Caf6 was creating for area neighbors. She said the business license specifically indicated there would be no live entertainment at the establishment, yet amplified performances occurred regularly. She shared that this music could be clearly heard inside her house. She related that noisy customers congregated in front of the building and would only disperse when the owner or a member of the Eugene Police Department (EPD) forced them. Parking also created problems for the neighborhood. Additionally, she reported that people congregated in the alley behind the establishment ;;doing something" but would %catter like rats" at the sight of her with a telephone in her hand. Frank Gesley, 788 West 11th Avenue, opposed renewal of the OLCC permit given to the Monroe Street Caf6. He said the comer of his house, where his bedroom was located, was less than ten feet from the tavern's smoking area. He compared the noise when people were out smoking to the noise generated by a ;;German beer garden." He did not think members of the council or the OLCC would put up with it. He shared that he was 83 years old and had lived in his house for 21 years. He underscored that his serenity in his old age was impacted by the neighboring establishment and that he was not able to enjoy being in his garden. Kris Ward, 1134 Monroe Street, asserted that since the Monroe Street Caf6 changed hands, it had attracted an ;;unsavory crowd" of people as its customers. She said she reported the establishment to OLCC, the EPD, and met with the owner. She averred the owner had not demonstrated the ability to control the noise, MINUTES--Eugene City Council May 23, 2005 Page 4 Regular Session loitering, and alcohol use, and ignored the needs of neighbors. She lost count of the number of times she was awakened by the noise at night, adding that she had given up on making reports to the EPD. She averred that a liquor license was a privilege, not a right. She felt the owner demonstrated that she was irresponsible and asked that the current license for the establishment be cancelled. John Ward, 1134 Monroe Street, stated that he bought his house in 1979 and, at that time, the business across the street was a market, which he considered to be an asset. He thought he might now have to move due to the disruptive noise from the Monroe Street Caf& He did not think that under the current ownership the establishment would ever be compatible with the neighborhood. He complained of bongo drums and screeching. He said he called the EPD and was told to tolerate the noise. Management of the caf6 was rarely on the premises. He asked the council to oppose the renewal of its liquor license. Philip Farrington, 1160 Monroe Street, said he lived in the neighborhood for 11 years. He related he previously only experienced problems with parking in the area during the Lane County Fair or the Timber Convention. Now, he said, parking was a perpetual problem. He averred the caf6 introduced an element into the neighborhood that was not enjoyable. He asked the council to make the caf6 apply for a conditional use permit (CUP) in addition to taking a stand against renewal of its permit. He stated that people were allowed to drink in front of the establishment in a public right-of-way and asked the City to rescind that right. He noted that the caf6 skirted parking requirements by making an arrangement with the County fairgrounds for five parking spaces but, given that the parking facility was two blocks away, it did not seem to be used. He felt neighbors in the area deserved better treatment. Adam Petkun, 251 West Broadway Street, Apartment 165, noted that he was almost finished with his term as President of the Associated Students of the University of Oregon. He supported the resolution to protect the old growth forest and the McKenzie River watershed. He lauded the river's beauty and declared it to be one of the main attractions in this area, underscoring the fact that more than 25 percent of University of Oregon students come from out of state and abroad. He said he would graduate in a couple of weeks, but would likely return to this area to visit what he considered to be "one of the prettiest places on earth." Ellen Hyman, 3863 Dorchester, thanked the council for the recent vote against the Santa Clara land swap that included property for the purpose of developing a large community park. She quoted Margaret Mead, who said change most often comes from a small group committed citizens. She opined that the land swap was not a good deal for anyone except the developers. She reiterated neighborhood sentiments that the swap would have set a bad precedent. She encouraged Councilor Pap~ to attend one of the neighborhood meetings and participate in the process. In conclusion, she suggested that the idea the area needed more ball fields should be reevaluated. She believed something better for the community would come from this process. She thanked the council for "giving the community a second chance." Suzanne Hanlon, 1995 Friendly Street, assistant director of the University of Oregon Outdoor Program, explained that her program was for both students and citizens and served more than 200 people per term. She stated that the McKenzie River watershed was one of the most desirable areas to visit as it provided the opportunity for a multitude of recreational activities. She noted that people who did not have cars could take a Lane Transit District (LTD) bus to the area. She shared that she sometimes spoke with students who were considering attending school at the university. She believed places like those around the McKenzie River helped "sell" the university. She quipped that it helped people decide to be "Ducks and not Beavers." She pointed out that Bike Magazine had listed the McKenzie River as the second best place to ride bicycles in the United States. MINUTES--Eugene City Council May 23, 2005 Page 5 Regular Session David Monk, 3720 Emerald Street, called LRAPA an "exceedingly important player in the community" for long-term economic development and the quality of life. He said it appeared Eugene would have full representation on the LRAPA Board for the first time in five years. He felt it was an important time for the agency, as the director had recently been let go and new members with little experience with air quality had recently been appointed. He urged the council to support the Mayor's nomination of Drew Johnson for the LRAPA Board, as he had a lot of experience. Paul Nichols on, 1855 East 28th Avenue, stated that, from an economic point of view, it was important to protect the McKenzie River. He explained that he was a small business owner in the city of Eugene who founded Unique Eugene, an organization of local small businesses. He said the small business owners depended on the kinds of assets the McKenzie River and its beautiful recreational opportunities provided. He asked the council to support the resolution to preserve the river as it attracted people to the area. Moshe Immerman, 1290 McLean Boulevard, suggested that people needed to ask if decision-makers who did not live in the area loved and understood them. He felt the decision to log along side the McKenzie River was made by people who did not live here or who did not stay long. He asserted that area residents needed to protect the river as old growth trees help to maintain the watershed. He said when old growth trees were logged it altered the biological balance of soils and increased sedimentation in water. He predicted that reforestation would be made more difficult by the lessening of the snow pack that was occurring due to global warming. Mayor Piercy closed the Public Forum. She thanked Mr. Petkun for his service as University of Oregon student body president. She also clarified that she was a willing participant in a forum on the arena but, given that the University of Oregon owned the property it was slated to be built upon, she was not able to do more than that. She opened the floor for councilor comments and questions. Councilor Bettman apologized for limiting testimony to two minutes. She said it was encouraging to see the democratic process was alive and well in the City of Eugene. Councilor Bettman wished to highlight two pieces of the Monroe Street Cafd discussion and flag them for the City Council: 1) mixed-use and incompatible mixed uses in neighborhoods, and how mixed-use interacted with preserving residential uses; and 2) whether the City might need to consider a buffer between smoking areas and adjacent residential properties. She said it seemed the City might have an opportunity to weigh in on the renewal of the OLCC license. She asked if the council could have a "quicker turnaround" and wondered why, given that the neighborhood had been addressing this issue for a year, neighbors were forced to bring it to a City Council meeting. Councilor Taylor said the initial vote on limiting the time created a dilemma for her as she was always opposed to doing so, but given that it was partnered with an extension of the time she voted in favor. She thanked everyone for speaking eloquently. She congratulated the people of Santa Clara for standing up for their issue. She commented that they were evidence that "democracy does work sometimes." She wished the neighbors of J.H. Baxter & Company and the Crest Drive Citizens Association the same sort of success. Councilor Taylor likened being asked to protect the McKenzie River to being asked to save one's own life. MINUTES--Eugene City Council May 23, 2005 Page 6 Regular Session Councilor Pap6 asked for more information on the Crest Drive issue. He had been under the impression that the City slowed down on its press to change street classifications in order to get better interaction between the City and the neighborhood. Councilor Pap6 was happy to see Bill Burwell at the council meeting as he had known him for all of his life. He thanked Mr. Gesley for testifying and representing the "bottom end of the Bell curve" with him. He also recognized Mr. Petkun for the work he had done as student body president and thanked him for the example he set. Continuing, Councilor Pap6 related that he had attended most of the meetings of the River Road/Santa Clara ad hoc team. He said he had asked for the meeting times for the transition team to be changed so that he could attend those meetings. Currently he had a conflict with Lane Council of Governments (LCOG) meetings. He wanted to keep attending and was glad to see the organization had been revitalized. Councilor Kelly thanked everyone for speaking. Regarding the Monroe Street Caf6, he observed that there were different ;;flavors" of mixed-use and advocated for getting ahead of the OLCC deadline. He felt the change of use in the Monroe Street neighborhood had been jarring. He asked staff to determine what role the City Council played or could play in the OLCC permit process. 2. CONSENT CALENDAR A. Approval of City Council Minutes - April 20, 2005, Work Session - April 25, 2005, City Council Meeting B. Approval of Tentative Working Agenda C. Ratification of Intergovernmental Relations Committee Actions of April 21, April 28, and May 5, 2005 D. Appointment to the Lane Regional Air Pollution Authority Board of Directors E. Approval of City Manager Evaluation Criteria Process, and Timeline F. Adoption of Resolution 4836 Concerning Protection of Mature and Old Growth Forests in the McKenzie River Watershed Councilor Poling, seconded by Councilor Solomon, moved approval of the Consent Calendar. Councilor Bettman stated that she had previously submitted minutes corrections. She asked to pull Item E from the Consent Calendar. Mayor Piercy acknowledged the minutes corrections. Councilor Pap~ pulled Item F. Councilor Poling pulled Item D. Roll call vote; the motion to approve the Consent Calendar with the exception of Items D, E and F passed unanimously, 8:0. MINUTES--Eugene City Council May 23, 2005 Page 7 Regular Session Regarding Item D, Mayor Piercy provided an endorsement of Drew Johnson for the LRAPA Board. She interviewed seven candidates and reviewed their qualifications. While all of the candidates were good, she averred Mr. Johnson had the most background experience. She believed he deserved the support of the council. Councilor Poling pointed out that the recruitment period was only two weeks long, which he felt was too brief. He noted that LRAPA was interviewing a new director and the newly appointed board member would take part in the hiring process. He thought the appointment should wait until July, when the council conducted its recruitment for boards and commissions. He pointed out that the council received five to seven letters from LRAPA employees questioning Mr. Johnson's activities and indicating a lack of confidence in him. He did not have a substitute nominee and asked the Mayor and council to consider waiting to appoint. Councilor Ortiz understood that Mr. Johnson had been recruited by the community, which worked to be ;;the gatekeepers to keep air clean." She emphasized that Mr. Johnson was asked to serve. She felt a person should serve in whatever activity he or she felt passionate about. She questioned the letters submitted to the council, noting that they were from LRAPA staff. She wondered why they would have the power and privilege to make such comments. She supported the Mayor's nominee, stating that as a former employee of the agency, he had a lot of knowledge. She underscored that clean air was important for the entire community. Councilor Bettman observed that there was no shortage of applicants for the position. She thanked everyone for applying. She questioned the propriety of staff weighing in on the municipality's board nomination. She added that she had asked five years earlier for a work session on the concerns neighbors had regarding the air quality issues brought about by J.H. Baxter & Company and was told the City could do nothing about it. Councilor Taylor related that she has served on the LRAPA Board for eight years. She explained that there were three new board members and more were needed. She supported the nomination of Mr. Johnson, adding that she was glad that people asked him to apply. Councilor Pap6 conveyed his support for the Mayor's nomination. He noted, though, that he did not believe it had been long enough since Mr. Johnson worked for LRAPA. He observed that this would be another representative to LRAPA from Council Ward 2 and that there were qualified applicants from wards that were heretofore unrepresented on the LRAPA Board. Councilor Poling asserted that while the letters were from LRAPA employees, they were written as individuals. He respected the Mayor's choice, though he did not want to support it at this time. Councilor Kelly said the problem lay in part from not being able to see the applications and the council had this same issue with any mayoral appointments. In the future, he wished to see in council packets the applications of all applicants who made it to the interview stage. Roll call vote; the motion passed, 6:2; councilors Poling and Solomon voting in opposition. Mayor Piercy asked the councilors to consider Consent Calendar Item E. MINUTES--Eugene City Council May 23, 2005 Page 8 Regular Session Councilor Bettman said she pulled this item primarily because she did not want to be on the record of being in favor of this process. She noted that she proposed an additional session with the City Manager to discuss some of his initiatives, direction, and vision "about the organization and how he works with staff." She said this was an area over which the council had purview, but that it was only privy to anonymous input voluntarily provided by employees. Roll call vote; the motion to approve Item E passed, 7:1; Councilor Bettman voting in opposition. Mayor Piercy moved the council on to Item F. Councilor Pap5 said he was a long time lover of the McKenzie River and that he would support the resolution. However, he thought the findings were lacking in empirical background. Councilor Pap6, seconded by Councilor Poling, moved to amend Item D under the findings to delete "degrading recreational opportunities, reducing prospects for the tourism economy, and..." Councilor Kelly said he disagreed with Councilor Pap~ regarding the findings but did not believe his amendment would impact the conclusion and so he would support it. Roll call vote; the amendment to the motion passed, 7:1; Councilor Taylor voting in opposition. Councilor Pryor expressed his appreciation for all of the "great information" from the ONRC. He planned to support the resolution. He said he attempted to contact the USFS to talk with them about it. He stated that the agency provided tours for people and he had hoped to see the areas in question in order to understand both sides of the issue. Councilor Poling said he had a concern with Section 1.2 of the resolution. Councilor Poling, seconded by Councilor Solomon, moved to amend the Resolution by adding to Section 1.2 the following language after ~McKenzie River Watershed': "... except where necessary for proper forest management." Councilor Bettman indicated that she was unwilling to wordsmith the resolution. She said the council should support asking the forest service to do the right thing. She felt it was especially important to protect the McKenzie River because it was the source of drinking water for the City of Eugene and because the recreational opportunities were integral to the local economy. Councilor Kelly indicated that he could not support the amendment. He said the resolution would not impact ongoing second growth logging. He felt it was possible to have viable logging on younger stands of trees. He underscored that there was no question that road building degraded the ecosystem. Councilor Pap6 said he appreciated the intent of the amendment, but there were already extensive roads in the area that were adequate to handle access to logging areas. He noted that the resolution did not ask that any roads be removed. MINUTES--Eugene City Council May 23, 2005 Page 9 Regular Session Roll call vote; the amendment to the motion failed, 6:2; councilors Poling and Solomon voting in favor. Roll call vote; the main motion as amended passed, 7:1; Councilor Poling voting in opposition. 3. PUBLIC HEARING: An Ordinance Concerning Standards for Police Uniforms; Adding Section 2.665 to the Eugene Code, 1971; and Providing for an Effective Date City Manager Taylor said this ordinance was being considered on a recommendation from the Police Commission. He noted that Police Commissioner John Brown was available to answer questions. Mayor Piercy opened the public hearing. Marlin Otto, 525-A Highway 99 North, said his company did not take issue with the ordinance, but understood the spirit and purpose of it. He requested that in enforcing the ordinance the City keep safety in mind. He stated that his business contracted with 99 percent of the alarm companies in the area and his officers handled approximately 49 alarms in a week, a service no longer handled by the Eugene Police Department (EPD). He explained that his employees were often responding to alarms in the backs of warehouses or on other private properties and it was imperative that they were immediately recognizable as security personnel. He underscored that his company had no interest in impersonating law enforcement. Floyd Prozanski, PO Box 11511, State Senator, stated that he was "wearing two hats" as he was also testifying as a member of the Police Commission. He supported the ordinance. He said the ordinance would keep individuals other than members of the EPD from wearing or using or authorizing the use of any part of the police uniforms. He added that some exemptions for other sworn law enforcement officers were made and there would be a transition clause allowing time for a security company that would be financially impacted to change its uniform. He reported that Senate Bill 547, a bill that would parallel what the commissioners were asking the City Council to do, passed through the Senate and was now in the House Judiciary Committee. After some review, it had been determined that it would not be possible to create a statewide law to accomplish the intent of the ordinance as there were too many different uniforms that sworn officers wore. The State law would only prohibit using a badge or identification to impersonate an officer. Mayor Piercy closed the public hearing. Councilor Pap~ asked Eugene Police Chief Bob Lehner if the City had been experiencing problems. Chief Lehner responded that there were not presently any security firms whose uniforms could be confused with those of the EPD. City Manager Taylor affirmed for Councilor Bettman that the council could take action at the present meeting with unanimous council consent. Mayor Piercy called for a five-minute break at 8:57 p.m., in part to allow legal counsel to determine the ordinance number. The council reconvened at 9:05 p.m. MINUTES--Eugene City Council May 23, 2005 Page 10 Regular Session Councilor Poling, seconded by Councilor Solomon, moved to approve Council Bill 4902, an ordinance concerning standards for police uniforms, adding section 2.665 to the Eugene Code, 1971, and providing for an effective date. Roll call vote; the motion passed unanimously, 8:0. 4. ACTION: An Ordinance Creating the Metropolitan Wastewater Commission as an Intergovernmental Entity; and Providing For an Immediate Effective Date And Adoption of Resolution 4837 Approving the Issuance of Revenue Bonds by the Metropolitan Wastewater Management Commission; and Providing an Effective Date Councilor Poling, seconded by Councilor Solomon, moved that the City Council adopt Council Bill 4900, an ordinance creating the Metropolitan Wastewater Management Commission as an intergovernmental entity. Councilor Bettman expressed her deep appreciation to staff for incorporating her ~%sues" into the IGA. In response to a question from Councilor Bettman, City Attorney Jerry Lidz stated that the goal of (3) Specific Functions subsection (f)(1) was full recovery out of SDCs for capacity enhancing projects, but one could not use SDCs for rehabilitation projects. Councilor Kelly suggested that a comma be inserted after ~monthly sewer user charges." The council was amenable to the insertion of a comma at that place. Roll call vote; the motion passed unanimously, 8:0. Councilor Poling, seconded by Councilor Solomon, moved to adopt Resolution 4837 approving the issuance of revenue bonds by the Metropolitan Wastewater Management Commission; and providing an effective date. Councilor Poling asked if the EPA ruling about blending would increase costs and how it would affect the ability to issue revenue bonds. MWMC Commissioner Susie Smith responded that it would not affect the ability to raise revenue bonds, but a group of people would be gathered to strategize on what the EPA ruling meant regarding whether or not the MWMC facilities plan would be adequate to meet Clean Water Act standards. She thought in the long run the MWMC might have to add potentially $89 million more in projects should it have to meet the requirements without any blending. Councilor Kelly acknowledged all of the work that had gone into the ordinance and the resolution. Councilor Papd said the plan developed by the MWMC was based upon a balance of costs. He asked if not being able to blend projects would change the balance of expenses. Ms. Smith replied that it could, adding that the MWMC had a scheduled update of the wet weather flow management plan and was in the process of updating all of the modeling. She said, in response to another question from Councilor Papd, that this MINUTES--Eugene City Council May 23, 2005 Page 11 Regular Session would not happen in advance of the bond because the projects that were planned for the next few years were required to be built. Roll call vote; the motion passed unanimously, 8:0. 5. ACTION: An Ordinance Concerning Prohibiting Smoking in Public Structures; Adding Section 6.232 to the Eugene Code, 1971; Amending Section 6.990 of that Code; Establishing a Sunset Date; and Providing an Immediate Effective Date Councilor Poling, seconded by Councilor Solomon, moved that the City Council adopt Council Bill 4901, an ordinance concerning prohibited smoking in public structures. Councilor Kelly noted that a sunset date had been added and asked if an expiration in September would be adequate to get an ordinance drafted and through a public hearing. Permit Review Manager for the Planning and Development Department Keli Osborn thought the process could be accommodated by the timeline, but it could be hard to predict. Councilor Kelly asked what City Council action would be required to change the sunset date. City Attorney Lidz responded that another ordinance would be required to change the sunset date post the present ordinance. He added that it would be simple to amend the ordinance at hand, however. Councilor Kelly, seconded by Councilor Papd, moved to amend Section 4 of the ordinance to replace September 30, 2005, with October 30, 2005. Roll call vote, the amendment to the motion passed unanimously, 8:0. Councilor Papd asked if the ordinance was creating any hardships for people who already had permits in. Ms. Osborn replied that only one known permit was in at the moment and the proposed smoking area was a portion of a larger building project. She said smoking would not be allowed in this area until the issue was resolved and the venue in question had been informed about the proposed prohibition in new smoking areas. In response to another question from Councilor Papd, Ms. Osborn assured him that the 25-foot buffer requirement for buildings only applied to publicly owned buildings. Roll call vote; the motion as amended passed, 7:1; Councilor Solomon voting in opposition. The meeting adjourned at 9:23 p.m. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Ruth Atcherson) MINUTES--Eugene City Council May 23, 2005 Page 12 Regular Session