Loading...
HomeMy WebLinkAboutCC Minutes - 06/12/00 Meeting MINUTES Eugene City Council Regular Meeting Council Chamber--City Hall June 12, 2000 7:30 p.m. COUNCILORS PRESENT: Pat Farr, David Kelly, Bobby Lee, Scott Meisner, Gary PapS, Gary Rayor, Betty Taylor. COUNCILORS ABSENT: Nancy Nathanson. Mayor James D. Torrey called the meeting to order. I.CEREMONIAL MATTERS Mayor Torrey read a proclamation on behalf of the United States Army. He proclaimed the week of June 12 through June 18, 2000, "United States Army Week." He presented the proclamation to Staff Sergeant Eisly, representing the United States Army. II.PUBLIC FORUM Misha Seymor, 1313 Lincoln Street, raised a concern over bicycle riders' rights in the City. He also questioned if there was a rule banning the distribution of flyers on University of Oregon campus. He urged the council to bring everyone together with love in their hearts. Councilor Rayor asked if there was a City ordinance against flyers in the University of Oregon Campus Area that was different from the rest of the city. III.CONSENT CALENDAR Councilor Lee, seconded by Councilor Taylor, moved to accept the items on the Consent Calendar. Councilor Fart pulled item D and called for item E to be read aloud. Councilor Kelly offered a correction to paragraph 3, page 3 of the minutes of April 24, 2000. He said that "blocks" should replace "intersections" in the last sentence. Referring to the last line on page 5 of the May 8, 2000, work session minutes, Councilor Kelly said that the reference should be the "Smart Park Program" instead of "Park Smart Program." MINUTES--Eugene City Council June 12, 2000 Page 1 Regular Meeting Referring to the first full paragraph on page 8 of the minutes, he specified that he meant that the area was poorly served by transit in the late evening. Moving on to page 7 of the minutes of the May 22 work session, Councilor Kelly said that the amendment to a motion at the top of the page had a missing word. He said that the sentence was supposed to read "...should consider other revenue sources." Councilor Meisner also requested to read the resolution in item E. Councilor Rayor pulled item E. Roll call vote; items A and C of the Consent Calendar were approved unani- mously. Mayor Torrey moved the councilors on to item B. In response to a question from Councilor Meisner regarding the language of the resolution, Beth Bridges of Planning and Development Department confirmed that a group of neighbors could apply without going through a neighborhood association. Councilor Farr expressed his pleasure that the Matching Grants Program was coming to fruition. He said that there was no finer way to give power to the neighborhoods. Roll call vote; item B of the Consent Calendar was approved unanimously. Mayor Torrey moved the discussion to item D. In response to a question from Councilor Farr regarding when the public hearings on the fee structure were held, Glen Potter of the Fire and Emergency Medical Services Department said that he believed they were held in October or November 1999. In response to a question from Councilor Farr regarding the projected amount for fees per employee at that time, Mr. Potter said it was $8. Councilor Farr commented that the citizens of Eugene had adopted the Toxics Program as a mandate, and the council had a responsibility to stand behind what the public passed. He questioned whether the resolution was what the public was expecting. He said that the public was expecting $8 per FTE and the actual amount was $14.31 per FTE. He raised concern that the council was doing something that the public did not expect. Mr. Potter said that the council had passed an ordinance authorizing the methodology being used based on an estimate that turned out to be Iow. Councilor Farr commented that council made a mistake by not questioning the direction that was given. Councilor Pap8 agreed with Councilor Farr and commented that $14.31 was more than a little off from $8. He suggested considering using square footage to calculate fees or a surcharge on utilities. He commented that the ordinance was penalizing employment in the private sector of the community. MINUTES--Eugene City Council June 12, 2000 Page 2 Regular Meeting Councilor Kelly commented that the Toxics Board had done the best it could under current conditions. Councilor Fart reiterated his earlier comments and indicated he would vote against the resolution. Roll call vote; the motion passed 5:2, with Councilors Fart and Pap~ voting in opposition. Councilor Kelly, seconded by Councilor Lee, moved that the City Manager and staff develop proposed changes to State law that will allow local governments to fund hazardous substance laws in the way that the local government feels is most equitable. In particular, the changes should allow the use of quantity-based fees, and should remove the per-facility cap imposed by the 1999 legislature. Further, the City's Intergovernmental Relations staff should work for adoption of these changes in the 2001 Legislature. In response to a question from Councilor Meisner regarding whether language was needed to direct the Council Committee on Intergovernmental Relations to make the motion a legislative priority, City Manager Johnson said that he saw it as a high priority and the language was not needed. Roll call vote; the motion passed 6:1, with Councilor Fart voting in opposition. Mayor Torrey moved the discussion to Item E. Councilor Lee, seconded by Councilor Taylor, moved to accept Resolution 4635. Councilor Rayor raised concern that the wording of the ordinance equated protest, assembly, and freedom of speech with criminal behavior. He expressed a desire to de-couple criminal behavior with these terms. Councilor Rayor, seconded by Councilor Fart, moved to amend the motion by changing the wording of the resolution to read "The right to assemble does not include the right to injure another human being" and "The right to freedom of speech does not include the right to destroy property." Roll call vote; the motion passed 6:1, with Councilor Taylor voting in opposition. Councilor Meisner reiterated his desire to read the resolution aloud before a final vote. Mayor Torrey read the resolution aloud. Councilor Taylor raised concern that pads of the resolution were accusatory of protesters. Councilor Taylor, seconded by Councilor Rayor, moved to amend the wording of the resolution by deleting the last three paragraphs before "Now Therefore." MINUTES--Eugene City Council June 12, 2000 Page 3 Regular Meeting Councilor Kelly commented that the resolution was very complex and woven together. He said if pieces were removed then the whole resolution would fall apart. Councilor Meisner concurred with Councilor Kelly and stated his opposition to the amendment. Councilor Pap~ also agreed with Councilor Kelly. He suggested combining the wording to say "The right to assemble and the right to freedom of speech do not include the right to injure another human being or the right to destroy property." Councilor Taylor raised concern that the third paragraph sounded too much like an accusation. She said that judgmental remarks did not belong in the resolution. Councilor Kelly reiterated that the wording of the resolution was crafted with care and was intended to be balanced. Councilor Rayor commented that protest was too often associated with criminal behavior. He said that the United States would not be where it was without protest. Councilor Lee indicated that he was going to oppose the amendment. Roll call vote; the amendment to the motion failed 5:2, with councilors Taylor and Rayor voting in support. Councilor Kelly cited the statements in the resolution that supported the right to protest. Councilor Kelly, seconded by Councilor Lee, move to amend the language of Section 2 of the resolution to read "Reaffirms its continuing support for the efforts of the Police Commission in its review of the Eugene Police Department policies and practices." Roll call vote; the amendment passed unanimously. Roll call vote; the main motion passed unanimously. Mayor Torrey adjourned the meeting at 8:25 p.m. Respectfully submitted, James R. Johnson City Manager (Recorded by Joe Sams) MINUTES--Eugene City Council June 12, 2000 Page 4 Regular Meeting