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HomeMy WebLinkAboutCC Minutes - 11/25/02 Meeting MINUTES Eugene City Council Regular Meeting Council Chamber--Eugene City Hall November 25, 2002 7:30 p.m. COUNCILORS PRESENT: Bonny Bettman, Pat Fart, David Kelly, Scott Meisner, Nancy Nathanson, Gary Pap~, Gary Rayor, Betty Taylor. CITY COUNCIL MEETING Mayor James D. Torrey called the meeting to order. I.PUBLIC FORUM Mayor Torrey noted that more people had signed up to speak at the Public Forum than 30 minutes, at three minutes a speaker, would allow. He called for a motion to adjust the time. Councilor Taylor, seconded by Councilor Kelly, moved to extend the time of the Public Forum to one hour to allow more people to speak. Roll call vote; the motion failed, 6:2; councilors Taylor and Kelly voting in favor. Councilor Nathanson, seconded by Councilor Fart, moved to change the allotted speaking time to two minutes to allow more people to speak. Roll call vote; the motion passed, 7:1; Councilor Taylor voting in opposition. Councilor Bettman, seconded by Councilor Fart, moved to extend the public forum to 45 minutes. Roll call vote; the motion passed, 6:2; councilors Meisner and Pap~ voting in opposition. Michael Barnes, 491 East 53rd Avenue, thanked the council for putting Measure 20-67 on the ballot. He noted that many items were getting budget cuts and expressed his gratitude that schools had received emergency funding. Betsy Boyd, 2190 Washington Street, thanked the council for helping put Measure 20-67 on the ballot. She noted that it was a stop-gap measure and stressed the importance of pressing the legislature to really fund the schools. Anna MacArthur, thanked the mayor and council for supporting Measure 20-67. Tamam Adi, East 50th Avenue, related how he had worked to keep hope among Muslim citizens in Eugene after the September 11, 2001, tragedy. He said he had sunk into depression after the passage of the USA Patriot Act. He said Muslims were being jailed without trials and assumed guilty by association and were not being treated equally under the law, but acknowledged that MINUTES--Eugene City Council November 25, 2002 Page 1 Regular Meeting Muslims in Eugene had been warmly supported and embraced by the community. He said the thing that lifted him from his depression was communication with the City leaders that he passed on to Eugene's Muslim community. He said that a resolution opposing the unconstitutional pads of the USA Patriot Act would make that community feel safer. Bruce Miller, PO Box 50968, urged the people in the audience to remember the names of the councilors who had voted against the extension of the Public Forum to one hour. Dana Kay, 2350 Oakmont, speaking for the Tobacco Free Coalition of Oregon, thanked the council for passing the smoke-free ordinance in Eugene. She noted that written information had been mailed to all of the councilors, which contained feedback from the community on the anti- smoking ordinance. Jennifer Self, 129 Treehill Loop, spoke in favor of a resolution against the USA Patriot Act. She said it was a local issue because the act impacted people who lived and worked in the community as resident aliens, impacted social justice organizations, those who used the Internet, those who bought books, those who checked out books from the library, religious organizations, and students in public schools and higher education. She said the act unconscionably combined immigration law, criminal law, and foreign surveillance laws and fundamentally eroded the Bill of Rights for the United States. She encouraged a resolution rather than a letter since it would be an official document that would show where Eugene stood in regard to the act. She urged the council to show that it could stand up and be counted with the rest of the nation. Hope Marsten, 3040 Ferry Street, speaking for the Lane County Bill of Rights Defense Committee, spoke in opposition to the USA Patriot Act. She presented a petition of 2,000 signatures of Eugene voters against the act. She noted that 14 other local governments had passed resolutions opposing the act which allowed residents to be detained without charges or public trials, allowed "sneak and peek" searches without probable cause, and allowed searches of financial, educational, library, and bookstore purchase records without judicial supervision. She added that there were citizens in 35 cities in 24 states working on similar resolutions. She said the request for a resolution opposing the act was endorsed by the Eugene Human Rights Commission, the Lane County Human Rights Advisory Committee, the Eugene Middle East Peace Group, the Native Forest Council, Intelligent Future, Military Tax Resistance of Lane County, The Oregon Daily Emerald, Eugene Weekly, Eugene Peace Works, Oregon Peace Works, Progressive Responses, Community Alliance of Lane County, Network for Immigrant Justice, Community and Solidarity with Central American People, Whiteaker Community Council, Women's Action for New Directions, Citizens for Public Accountability, Centro LatinoAmericano, and Lane County political parties including Democrats, Libertarians, Socialists, and the Green Party. Misa Joo, 2327 Jefferson Street, expressed her pleasure in being able to come and speak for the Bill of Rights like she had been taught from the time she could talk. She said she learned about citizenship from her Japanese immigrant grandparents and what they endured during World War II while interned in camps as enemy aliens. She commented that the word "terrorist" was being used in the same way that "enemy alien" was used at that time. She related that her uncle had fought in the 442nd Battalion during that war and had justified the blood spilled so that things like the internment camps would never happen again. She said the USA Patriot Act came from the same mentality that had created the Japanese internment camps during the Second World War. She urged a resolution rather than writing individual letters. MINUTES--Eugene City Council November 25, 2002 Page 2 Regular Meeting Gerry Shapiro, 1395 Cross, urged the council pass a resolution to defend the Bill of Rights against the USA Patriot Act. He noted that the Eugene City Charter made it clear that the oath of office for the council was to uphold the Oregon and United States constitutions. He expressed concern over the fact that the council was so reluctant to perform its primary duty. Amy Pinkus Merwin, 2220 Sanny Drive, presented written material to the council. She related a communication that she shared with Representative Peter DeFazio regarding how the USA Patriot Act was passed. Diane Lobos, 160 East 37th Avenue, said fear had increased in the community since the passage of the USA Patriot Act. She said that fear would be allayed if the City Council would have the courage to oppose the act. She asked that, to the greatest extent possible, the City use none of its funding to enforce or uphold the act. Ferrid Assan, 1020 River Road, said he had earned his citizenship over 30 years ago. He said the USA Patriot Act was a misnomer and took away liberty and justice for all from the citizens of the United States. Brian Michaels, 295 East 5th Avenue, said the philosophy of "it's not going to affect me" would do nothing but hinder progress in the country. With that philosophy, he said there would still be segregation in Mississippi, Japanese internment camps, and McCarthyism in the United States. He said those reasons were why the council should pass a resolution opposing the USA Patriot Act. He stressed the importance of protecting the Americans who were impacted by the act and of being able to say that he had opposed the act just as other Americans had opposed such things as segregation and McCarthyism. He noted that the number of citizens opposing the act would continue to grow. Mr. Michaels urged the council to have the courage to stand up for those who would be affected by the act. He called attention to the sign at the back of the Council Chamber that stated "The People are the City," and said that was not just a slogan. Patrica McCabe, 530 East 50th Avenue, spoke as an American Muslim living in Eugene. She said that, over the past year, the federal government had gone through America's Muslim community with a fine- tooth comb. She said Muslims had to shave their beards and take off their scarves to make other people feel safe around them. She said she did not want what had happened in Portland (a mysterious small plane circling the largest Islamic community day and night) to happen in Eugene. She said the USA Patriot Act was making many remember the kinds of things they had fled to America to get away from. She said the USA Patriot Act should be put into a more proper scale. Nadia Sindi, 3550 Goodpasture Island Road, noted that persecution of Muslim and Arab Americans had been on the increase since September 11, 2001. She stressed the importance of passing a resolution and not sending individual letters. She commented that many Muslims in Eugene were too terrified to attend the Mosque during Ramadan and added that her own home had been broken into and searched by the FBI even though she had been a citizen of the United States for 32 years. She urged the council to pass a resolution for the sake of Muslim and Arab American citizens. Brian Bogart, 2365 Cai Young Road, said he did not trust the government at the federal level. He said he could no longer rely on planning for an intelligent future at the federal level of representation because legislators were being paid by special interests. He said there was no MINUTES--Eugene City Council November 25, 2002 Page 3 Regular Meeting hope for a peaceful future if citizens were no longer able to trust their representation at the local community level. He urged the council to help create an intelligent future by opposing the USA Patriot Act. Alexander Gonzales, 1457 Monroe Street, spoke as a working student at the University of Oregon. He said citizens were afraid of their government since the USA Patriot Act took away everything the country stood for. He raised concern that the youth of the country would grow up thinking that it was okay to racially profile citizens and conduct illegal searches. Guy Prouty, 408 Hunsaker, urged the council to pass a resolution against the USA Patriot Act. He said his family were living in fear as were all of his Islamic neighbors. He said the fear was based around the federal government's strong measures against basic rights and freedoms as American citizens. Mr. Prouty noted that he taught several online courses and raised concern that his online discussions were being monitored. He stressed the importance of having the right to have critical discussions without fear of persecution by the federal government. Dawn Peebles, 2715 Jefferson, said writing a letter rather than passing a resolution would be crawling rather than standing. She raised concern that ordinary citizens were living in fear of their federal government. She urged the council to honor the constitution so many millions had immigrated to live under, by passing a resolution against the USA Patriot Act. Mohammad Khan, 2940 Crescent Avenue, thanked the previous speakers for their opposition to the USA Patriot Act. He said the forefathers of the country wrote the Constitution because they came from countries where they were persecuted. He said he was happy to be a citizen of the United States. He quoted Benjamin Franklin who said: "Those who give up liberty for security deserve neither." Porsche Foster, 350 Pearl Street, said she had lived through many things in her 82 years that had troubled her very much. She said the USA Patriot Act and some of the provisions of the Homeland Security Act made her feel anything but secure. She said she was frightened that many of the things the country was founded on were going to be swept away unless citizens spoke out against it. She expressed a hope that the City leadership would take the lead in working for a more positive world were people could discuss issues without fear. She urged the council to pass a resolution opposing the USA Patriot Act. Councilor Fart thanked Steve Barnes and Betsy Boyd for their work on Measure 20-67. He said he enjoyed standing on the corner with signs to enlist the support of the community. Councilor Taylor thanked all of the people who came to the meeting. She said she was sorry that everyone who wanted to speak did not get a chance and that the three-minute time had been reduced. She said she intended to propose a resolution based on the recommendations of citizens. Councilor Taylor, seconded by Councilor Kelly, moved to pass a resolution of the City of Eugene, defending the Bill of Rights and civil liberties. MINUTES--Eugene City Council November 25, 2002 Page 4 Regular Meeting Mayor Torrey refused to accept the motion at that time. He said Councilor Taylor could make her motion at the end of the meeting, following the prescribed agenda for the meeting. Councilor Kelly, seconded by Councilor Taylor, moved to appeal the Mayor's decision. Roll call vote; the motion resulted in a tie vote; councilors Kelly, Taylor, Bettman, and Nathanson voting yes, and councillors Meisner, Fart, Rayor, and Pap~ voting no. Mayor Torrey voted in opposition to the motion, and it failed on a final vote of 5:4. Councilor Kelly said the council should support the idea of a resolution because of the eloquence, awareness, and fear in the voices that had spoken that evening. He said the council had acted before when there was a national issue with local implications. He cited a resolution against the harmful aspects of the World Trade Organizations actions as an example. He said the act dramatically affected the legal rights of Eugene citizens and called attention to the petition of 2,000 Eugene citizens calling for a resolution. He also noted that the Eugene Human Rights Commission had unanimously recommended that the council pass a resolution opposing the USA Patriot Act. He said Congressman Peter DeFazio, who had come out strongly against the USA Patriot Act, had remarked on the value of local governments speaking out on the issue. He added that Eugene's Director of Library Services had said that the act cut to the head of her mission as a librarian. He said he would strongly support a motion for a resolution whenever the vote was allowed. Councilor Rayor noted that the council had previously convened Public Forums once a month, noting that they were now held at every regular session. Councilor Rayor said he intended to support the resolution when a vote was on the table. He thanked those that had come out for the Public Forum, especially those from the Muslim community. Councilor Bettman said she would support the resolution when a motion was made. She said a resolution was the least that the council could do. She remarked that the Bill of Rights and the Constitution were what distinguished the United States from its enemies. Mayor Torrey thanked the young people that had shown up for the forum and had witnessed how a community debated issues. He stressed that the discussion was an example of what was great about the United States of America. He quoted from some written material he had received from a proponent of a resolution that said: "To be patriotic is to dissent." Mayor Torrey stressed the importance of knowing that it was okay to have a different point of view. He said the fact that people disagreed was not wrong but was what made the country great. He reiterated that there would be a vote at the end of the stated agenda business. II.CONSENT CALENDAR A. Approval of City Council Minutes: MINUTES--Eugene City Council November 25, 2002 Page 5 Regular Meeting October 23, 2002, Work Session October 28, 2002, Regular Session B. Approval of Tentative Working Agenda Councilor Kelly, seconded by Councilor Pap~, moved to approve the items on the Consent Calendar. Councilors Kelly, Taylor, Bettman, and Pap~ noted their corrections to minutes of previous meetings. Roll call vote; the motion passed unanimously. Councilor Fart excused himself from the meeting. III.ACTION: Fall 2002 Draft Land Use Code Amendments Ordinance 1: An Ordinance Concerning Land Use Regulations; Amending Chapter 9 of the Eugene Code, 1971; Adopting a Severability Clause; and Providing An Effective Date; and Ordinance 2: An Ordinance Concerning Secondary Dwellings and Flag Lots; Amending Sections 9.2741, 9.2750, 9.2751, and 9.2775 of the Eugene Code, 1971; Adopting a Severability Clause; and Providing an Effective Date. City Manager Carlson noted that there had been two work sessions and a public hearing on the item. He said staff was present in case of council questions. City Manager Carlson asked the council to consider Council Bill 4807, an ordinance concerning land use regulations; amending Chapter 9 of the Eugene Code, 1971; adopting a severability clause; and providing an effective date. Councilor Kelly, seconded by Councilor Pap~, moved that the bill, with unanimous consent of the council, be read a second time by council bill number only and that enactment be considered at that time. Councilor Bettman, seconded by Councilor Taylor, moved to amend Ordinance 1 (sections 28, 30, and 32) to require free standing signs along improved streets. Additionally, at least one free standing sign, at least six square feet in area, shall be installed on the subject property facing the improved street abutting the property if any. For properties that abut more than one improved street, such a sign shall be installed facing each improved street. Councilor Bettman said the ordinance, as it was originally worded, reduced the size of the sign that was required to notify people in the neighborhood that there was a land use decision pending. She said, since its size was reduced, there should be signs facing each improved street. Roll call vote; the amendment passed unanimously, 7:0. MINUTES--Eugene City Council November 25, 2002 Page 6 Regular Meeting Councilor Kelly said he would oppose both ordinances. He stressed the importance of addressing the Land Use Board of Appeals (LUBA) remanded issues of tree provisions and the needed housing path. He said he was voting against the ordinances as a way of showing his frustration that those issues had been ignored by staff. The main motion passed unanimously, 7:0. City Manager Carlson asked the council to consider Council Bill 4807 by number only. Councilor Kelly, seconded by Councilor Pap~, moved that the bill be approved and given final passage. Roll call vote; the motion passed, 6:1; Councilor Kelly voting in opposition. City Manager Carlson asked the council to consider Council Bill 4808, an ordinance concerning secondary dwellings and flag lots; amending sections 9.2741, 9.2750, 9.2751, and 9.2775 of the Eugene Code, 1971; adopting a severability clause; and providing an effective date. Councilor Kelly, seconded by Councilor Pap~, moved that the bill, with unanimous consent of the council, be read a second time by Council Bill number only and that enactment be considered at that time. Councilor Bettman said she would vote against the ordinance. She said she was opposed because reducing the setbacks in R-1 and R-2 would be counter-productive to attempts to not expand the urban growth boundary and make the urban core attractive and livable. Councilor Taylor said she would vote against the ordinance because the things that the council had wished to vote on first had been neglected. She said the reductions to setbacks were destroying the livability of neighborhoods. Councilor Rayor said he would support the ordinance because flag lots were a unique type of lot. He said the reduced setbacks were more equivalent to the normally established set backs along the side of the lots. He said flag lots were common and needed to be utilized. Councilor Nathanson said she would support the ordinance. She said it was a growth management issue that had solicited people for input. Councilor Pap~ said he would support the ordinance. Councilor Meisner said he would support the ordinance. The motion passed unanimously, 7:0. City Manager Carlson asked the council to consider Council Bill 4808 by number only. Councilor Kelly, seconded by Councilor Pap~, moved that the bill be approved and given final passage. Roll call vote; the motion passed, 4:3; councilors Kelly, Bettman, and Taylor voting in opposition. MINUTES--Eugene City Council November 25, 2002 Page 7 Regular Meeting IV. ACTION: An Ordinance Establishing a Broadway Overlay Zone; Amending Sections 9.1040, 9.6670, 9.8030, and 9.8865 of the Eugene Code, 1971; Adding Sections 9.4070 through 9.4090 to that Code; Amending the Eugene Overlay Zone Map; Adopting a Severability Clause; and Providing an Effective Date. City Manager Carlson said staff would be available to answer questions. Councilor Kelly said he appreciated the feedback in the council packet about the issues that had been raised. He said he planned to make an amendment regarding the building entrance. He said there was a larger issue about notice of adjustment review. He suggested that, for land use decisions that had a public hearing component or an appeal component, data could be posted on the City website. Councilor Bettman said she would support the ordinance but was disappointed over the decision not to have three floors on buildings on the north side of Broadway. She also expressed hope that an incentive could be found to promote the construction of three floors. She also suggested it might be advantageous to find a way to make residences in the area soundproof. City Manager Carlson asked the council to consider Council Bill 4809, an ordinance establishing a Broadway Overlay Zone; amending Sections 9.1040, 9.6670, 9.8030 and 9.8865 of the Eugene Code, 1971; adding Sections 9.4070 through 9.4090 to that code; amending the Eugene Overlay Zone Map; adopting a severability clause; and providing an effective date. Councilor Kelly, seconded by Councilor PapS, moved that the bill with unanimous consent of the council, be read a second time, by council bill number only, and that enactment be considered at that time. Councilor Kelly, seconded by Councilor PapS, moved to amend the motion by deleting the third sentence of Section 9.4085(3). In response to a question from Councilor Bettman regarding what the effects of the amendment might look like in a building, Kurt Yeiter of the Planning Division said there would be active office/commercial-type uses. He added that the first 15 feet that would abut Broadway would have businesses that were open to walk-in customers. Councilor Bettman said she would vote against the amendment. Roll call vote; the amendment passed, 5:2; councilors Bettman and Taylor voting in opposition. Roll call vote; the amended motion passed unanimously, 7:0. City Manager Carlson asked the council to consider Council 4809 by number only. Councilor Kelly, seconded by Councilor PapS, moved that the bill be approved and given final passage. Roll call vote; the motion passed unanimously, 7:0. Following up on her earlier comments, Councilor Taylor made a motion. MINUTES--Eugene City Council November 25, 2002 Page 8 Regular Meeting Councilor Taylor, seconded by Councilor Bettman, moved to approve a resolution of the City of Eugene defending the Bill of Rights and civil liberties. In response to a question from Councilor Rayor regarding the implications of the resolution, City Attorney Glenn Klein said a resolution could have legal effects but noted that a resolution that expressed the council's opinion did not have a legal effect on the federal government. Councilor Pap8 said the best place to resolve the questions about the USA Patriot Act was before a United States District Court or the United States Supreme Court. He expressed his feeling that parts of the act were overbearing and did violate the first ten amendments in the Bill of Rights. He said he would support the motion if it only focused on the portions of the act that appeared unconstitutional. Councilor Pap8 offered a friendly amendment, which was accepted, to specify subpoenas issued to the citizens of Eugene in the resolution. Councilor Kelly reiterated his thanks for the input offered during the Public Forum. Councilor Meisner said he believed that much of the USA Patriot Act was unconstitutional. He said he would not likely vote for the resolution since it would be an empty gesture, adding that it would not change the law and would have no practical effect. He stressed his hope that the people who came to testify at the public forum would not stop with requesting a symbolic gesture from the City of Eugene expressing his desire to see effective action taken. Councilor Nathanson said when she signed a letter as an elected official she took the matter extremely seriously. She said she was not inclined to support the resolution for the reasons stated by Councilor Meisner. She said adopting a resolution as the official stand of the City was problematic when the entire city had not been heard from. She said her primary duty was to take care of municipal affairs. She noted that there was a direct connection in this case since the act affected people in the City of Eugene. She expressed her preference to have a letter signed by all of the members of the council rather than a resolution, indicating that a letter would be a much stronger statement. Mr. Klein said that the resolution did not limit itself to unconstitutional activities of the USA Patriot Act. If there was a desire to limit the resolution to unconstitutional activities, then the second line under Section 2 of the proposed resolution would need to have unconstitutional activities mentioned. Councilor Bettman said she would support the resolution. She said she believed there was a definite local impact from the USA Patriot Act. She said there was no effective action that the council could take so the only action that could be taken was to not be silent, adding that silence implied compliance. She acknowledged that the resolution would be a symbolic act but stressed that speaking out was better than doing nothing. Councilor Taylor stressed the importance of symbols to show opposition to the act. She said the council had the opportunity to speak as the elected body of the City of Eugene. She noted that letters could be sent as well stating that everything done to preserve the liberties of the United States was important. MINUTES--Eugene City Council November 25, 2002 Page 9 Regular Meeting Mayor Torrey said the Congress of the United States rushed to judgement after the events of September 11, 2001. He raised concern that the community was preparing to rush to judgement on what it was going to say. He said he did not believe that the most effective way to deal with the issue was a resolution that was demanded by a group of people without having a dissenting voice. He opined that many people who disagreed with the resolution were afraid to come to the meetings to express their point of view. He said he would not stand in the way of the resolution passing but did not intend to sign the resolution as the Mayor because he believed he would be more effective as an individual talking to people who would make the decision in Congress than a resolution signed by Eugene and other cities of the nation. He stressed the importance of showing where the USA Patriot Act was wrong and getting those matters corrected. He opined that a letter signed by the council would be much superior to a resolution. Councilor Rayor commented that the council was acting out of conscience and remarked that the citizenry would not wish them to do otherwise. Councilor Rayor, seconded by Councilor PapS, moved to amend the motion by adding the words "unconstitutional activities" to the resolution. Roll call vote; the motion to amend passed 6:1 with Councilor Taylor voting in opposition. Councilor Nathanson said the amended resolution was more specific regarding its containing unconstitutional developments. Roll call vote; the main motion passed unanimously, 7:0. V. EXECUTIVE SESSION ( Held Pursuant to ORS 192.660(1)(e) ) Mayor Torrey adjourned the meeting and called the council into an executive session. The meeting adjourned at 10:30 p.m. Respectfully submitted, James R. Carlson City Manager pro rem (Recorded by Joe Sams) MINUTES--Eugene City Council November 25, 2002 Page 10 Regular Meeting