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HomeMy WebLinkAboutCC Minutes - 07/10/00 Meeting MINUTES Eugene City Council Regular Meeting Council Chamber--City Hall July 10, 2000 7:30 p.m. COUNCILORS PRESENT: Bobby Lee, David Kelly, Scott Meisner, Nancy Nathanson, Gary PapS, Gary Rayor, Betty Taylor. COUNCILORS ABSENT: Pat Farr Mayor James D. Torrey called the meeting to order. I.CEREMONIAL MATTERS Mayor Torrey apologized to the citizens of Eugene for the lateness of the proclamation. He proclaimed June 25, 2000, Local Pride Day for the new millennium. II.PUBLIC FORUM Sherry Franzen, 2635 Oak Street, spoke against the libel suit initiated by the police union against Councilor Kelly. She commented that Councilor Kelly exemplified elected officials and expressed her continued support. Roxy Cuellar, 1255 Pearl Street, representing the Home Builders Association, requested City Council work sessions on the Land Use Code Update (LUCU) be postponed until September 15. She said that there were too many issues that had been raised by citizen groups that had not been addressed in public discussion at the Planning Commission level. She said that several groups wanted to get together to go over issues and make recommendations that the council could consider. She commented that the more things were done correctly the first time, the fewer corrections would have to be made later. Kevin Mathews, 31728 Owl Road, representing Friends of Eugene, also called for a delay in the LUCU work session. He raised concern that the approval process was going too fast and urged the council to work with Friends of Eugene, the Home Builders Association, and the Neighborhood Leaders Council. He said that the delay would save time in the long run, since fewer corrections would have to be made to the code after its approval. Misha Seymour, 1313 Lincoln Street, raised concern over police tactics during public demonstrations. He urged the council to help bring the people of the city together. Paul Nicholson, 1855 East 28th Avenue, complimented Councilor Kelly and expressed his support for him during what he called "an ill-considered, divisive tactic by the Eugene Police." Specifically MINUTES--Eugene City Council July 10, 2000 Page 1 Regular Meeting addressing the police union, he said that it was inappropriate for it to threaten elected officials with law suits. He added that the police needed to act inside the law like everyone else and stressed that the City needed a police force that answered to civil authorities. Shawn Boles, 105 North Adams Street, expressed his support for Councilor Kelly. He said that he was stunned to hear of the lawsuit threatened by the police union and commented that citizens should feel protected by police. He said that the lawsuit was unintelligent. He urged the councilors to poll each other and see who had preknowledge of the lawsuit. Jan Wostmann, 2645 Riverview Street, complimented the work of Councilor Kelly on the City Council and expressed his personal support. Garret Epps, 2298 Columbia Street, expressed his support for Councilor Kelly. He said that he was a teacher of First Amendment law. He said that he had no issues with the council or the Police Department, but expressed resentment over any attempt by any player in the public policy process to take his elected representative out of play by means of intimidation or threat. He urged the council to rally around Councilor Kelly. Speaking as a teacher of First Amendment law, Mr. Epps said that it was black letter law that criticism of the police could not be libel unless it was committed with some form of malice and unless specific individuals were named. He found it difficult to believe that the people who sent Councilor Kelly the letter were unaware of that fact. He said it was a landmark case, New York Times versus Sullivan, which was taught to every first-year law student. He inferred from that knowledge, that the purpose of the notice of intent was simply to intimidate Councilor Kelly, to exact a political price from him, and to send a message to the community that people should think twice before questioning police policy. He urged the council to make an appropriate response to make clear that public debate about police policy was entirely appropriate. He said that it was incumbent on all citizens to defend the values of public deliberation, reason, and free speech whenever they were threatened from any quarter. David Monk, 3720 Emerald Street, expressed his support for Councilor Kelly and seconded the remarks by Mr. Boles. Mr. Monk commended the work of the Stormwater Management Department Advisory Committee and thanked council for scheduling a work session on stormwater issues. He stressed the importance of identifying and prioritizing significant waterways for City acquisition. He called for protection of the headwaters of the Amazon waterway. He expressed confusion that the council would not move forward to protect 20 percent of the headwaters because the entire headwater system could not be protected. Margaret Robertson, PO Box 50204, commented that the City had a responsibility to protect the headwaters of the Amazon Creek and its forested rim areas. She noted that the area was habitat to endangered plants and animals that were unique and irreplaceable. Rob Zako, 1280 East 28th Avenue, expressed his support for Councilor Kelly. Mr. Zako called for a delay of the work session dealing with LUCU. He urged the council not to make land use decisions based on politics. He noted that several groups, that were usually opposed, shared the same goals and wanted them implemented in LUCU. MINUTES--Eugene City Council July 10, 2000 Page 2 Regular Meeting David Hinkley, 1308 Jefferson Street, commented that the City Council was the City's supreme policy-making body. He said that it was the council's responsibility to examine policies to see if they were working as intended and were still needed. He added that when a councilor questioned a policy, he/she was doing what they were elected to do. He commended Councilor Kelly for bringing policy oversight to the council's attention. Ruth Duemler, 1745 Fircrest Street, expressed her support for Councilor Kelly. She commented that the people of the City were intimidated by the Eugene Police. She said that the notice of intent, sent by the police to Councilor Kelly, hurt all of the public in Eugene. She commented that many citizens felt that their civil rights were no longer possible. She asked the council to assure the citizens of Eugene that they had the right to freedom of speech and assembly and that it would do everything possible to ensure that every department in the city welcomed citizen ideas and presence. She stressed that the citizens of Eugene needed to hear from their City Council. Howard Bonnett, 1835 East 28th Avenue, stated that he was a resident in Ward 4 and felt that he was admirably represented by Councilor Kelly. He said the Councilor Kelly's experience with the police union served to educate everyone that the review of policing policies is within the realm of responsibility of the council. Addressing bicycle use by the police, Mr. Bennett said that, for years, he and others had hoped that the police would get bicycles because it would promote community policing. He commented that it was his feeling that bicycles were being used as weapons of aggression instead. He wondered what were the policies around bicycle use by the police. Mr. Bennett said that one of his most frustrating times as a member of the Budget Committee was that there was no progress in community policing in spite of continuing to put the largest share of the City's disposable moneys each year into additional police services. He opined that the City was on the wrong track and said that the council could put the City back on track. Moshe Immerman, 3455 Onyx Place, said that this was a dangerous time in Eugene. He said that the City stood to lose a great deal that it had been working for for many decades. He raised concern that Eugene was a culture in which moral courage was punished. Mr. Immerman said that Councilor Kelly was one of the most intelligent, altruistic, un-aggrandized people he had seen in public life. He found it remarkable the Councilor Kelly was being singled out by the police union. Mr. Immerman also sympathized with the police. He said that they were being pressured from all sides. He urged the creation of a wellness program for the police. Mr. Immerman said that the City needed to create an environment where it was recognized that all were living in a democracy. He stressed the importance of protecting democracy. He expressed concern that citizens of Eugene were losing their civil liberties. He reiterated his support for Councilor Kelly and urged the council to support him as well. He also urged the council to help the police find a more gentle way to work out their problems. Mayor Terrey called for comments from the council. In response to a question from Councilor Lee on how the request to delay the work session on the Land Use Code Update be worked out, City Manager Johnson said that there were six of hours of work sessions on LUCU planned between now and October. He said that staff would send out copies of the updated schedule to see if council was satisfied. He noted that there was only one one-hour work session in July so canceling that would not have a major impact, but it would have MINUTES--Eugene City Council July 10, 2000 Page 3 Regular Meeting to be added later in the schedule. He added that the council would not be meeting in August on the topic. Councilor Lee asked that staff contact the citizen groups and establish a timeline. He commented that the groups were working in good faith and he could not picture moving forward without their support. Addressing Mr. Boles' request for a poll of the council to see who had prior knowledge of the police union lawsuit, Councilor Lee said that he received a phone call from a member of the media and was asked about his opinion of the lawsuit planned against Councilor Kelly. He said that he contacted a lawyer for a copy of the claim. He said that he contacted Ken Saxon and let him know that he thought the lawsuit was counterproductive and it breached the public trust between public and public servants. He said that the lawsuit was a grave mistake but expressed hope that everyone could use the opportunity to learn and move forward. He said that he did not ask him to withdraw the lawsuit at that time because he was still in a state of shock. Councilor Lee said that Councilor Kelly was an excellent councilor and he had learned a lot from him. He expressed a hope that mediation or some other process could be put in place to solve the problem. Councilor Taylor expressed disappointment that the council did not want to go ahead with the acquisition of the Amazon headwaters. She commented that the statements given from the public that evening were excellent. She stressed that just because there was only a portion of the headwaters left should not mean that they should not be protected. She expressed her desire to see the public remain active on the issue. Regarding LUCU, Councilor Taylor was in favor of postponing the work sessions. She commented that it was better to do it right the first time. She suggested that the tree ordinance should be put into the document. Councilor Taylor expressed her happiness to see all of the public support for Councilor Kelly. She said that Councilor Kelly had made tempered statements that no one, in her opinion, could disagree with. She said that his comments took courage. Councilor Rayor suggested using the council break to allow citizen groups to meet and discuss LUCU issues. He commented that their recommendations would mean a lot to him. Regarding the lawsuit against Councilor Kelly, Councilor Rayor expressed his support for Councilor Kelly and commented that there should be no penalization for participation in dialogue. He added that the City was trying to create a dialogue between the community and the police. Councilor Kelly said that there was not enough time scheduled for LUCU. He suggested adding extra time but keep to the plan of adopting by the end of the year. He expressed concern that going beyond the end of the year would create further delays. Councilor Kelly expressed his appreciation for all of the public support he had received. He said that when he took on the job of councilor, it was to improve policy across all aspects of the City. He added that he thought that was a goal that the police union and the police department aspired to as well. He said that he was very shocked by the lawsuit notice. He said that he had never MINUTES--Eugene City Council July 10, 2000 Page 4 Regular Meeting turned down an offer to speak to any private citizen on any topic or to speak to any public employee on any topic. He expressed his hope that what would come out of the situation would be constructive work with the union and with police management and mayor and council. He expressed his gratitude to the mayor and the council for their support. Councilor Meisner said that he had been contacted at home from the media regarding his opinion of the police union lawsuit. He said that was the first he had heard of it and promptly called Councilor Kelly to discuss the matter. He said that he was delighted to find that the notice of intent had been withdrawn and that discussions would proceed. He stated that all of the councilors had taken the job expecting the opportunity and responsibility to speak their minds on policy issues. He added that threat of a lawsuit by the police union was only one form of intimidation that councilors faced and called for the public to condemn all forms of intimidation as roundly and soundly as they had for Councilor Kelly that evening. Councilor Meisner reiterated Councilor Kelly's concerns over LUCU. He added that the City was losing ground to bad development and said that the council could not selectively reopen the record for land use. He agreed that more time was needed for the process but raised concern that if the council delayed the work session to wait for recommendation from citizen groups then the record would have to be reopened for all citizens. Mayor Torrey stressed that councilors needed to notify staff if they wanted to grant, or not grant, the request to delay the work session. Mayor Torrey said that the first time he heard of the lawsuit was the Sunday evening the day before their press conference. He said that when he heard what the police union was proposing to sue about, he urged them to reconsider their action. III.CONSENT CALENDAR Councilor Lee, seconded by Councilor Taylor, moved to approve the items on the consent calendar. Councilor Kelly offered a correction to the work session minutes of July 7, 2000, page one. He wanted to replace "...the event had been peaceful as a result..." with "...the dialog may have helped keep the event peaceful..." Roll call vote; the motion passed unanimously, 7:0. IV. PUBLIC HEARING: An ordinance concerning Prostitution-Free Zones, and Adding Sections 4.746, 4.747, 4.748, 4.749, and 4.750 to the Eugene Code 1971; and an Ordinance Concerning Traffic Congestion Thoroughfares, and Amending Section 5.155 of the Eugene Code 1971; and an Ordinance Concerning the Penalty for Committing the Crime of Prostitution and Amending Section 4.990 of the Eugene Code 1971 City Manager Jim Johnson noted that one hearing would be held for all three ordinances but that they needed to be adopted as three separate ordinances when the council took action. Mayor Torrey opened the public hearing. MINUTES--Eugene City Council July 10, 2000 Page 5 Regular Meeting Misha Seymour, 1313 Lincoln Street, commented that society created prostitutes. He said that they should not be punished and that the real issues needed to be addressed. He said that the ordinance was a bad idea. Jay Strangfeld, 38 North Adams Street, spoke against the ordinance. She said that it would criminalize poor women and discriminate against homeless women that were making decisions to survive. Ann Strahm, 38 North Adams Street, commented that ACES could only handle one or two prostitute cases per month if they received funding. She commented that Eugene now had the seventh highest cost of living in the United States. She added that 77 percent of jobs in Oregon did not pay a living wage and said that welfare programs had been decimated. She asked council what was going to happen to the women when the city was done with them. She said that they could be banned from an area just by being charged, which was against due process. She said that the Police Department was punishing the weak. Ms. Strahm raised concern that the City was superceding State authority by siting a prostitution- free zone along Highway 99. Rich Hardy, 1011 Broadway, commented that a few people were having an effect on a whole neighborhood. He said that the neighborhood was uncomfortable for citizens because of all the prostitution. Joni Dawning, 936 Taylor Street, said that she had three men slow down and wave 20 dollar bills at her in the course of a two-hour period while she was walking in her neighborhood. She added that her children had been harassed by prostitutes and johns. She said that, if the ordinance was passed, the community would begin to see policing through partnerships with the community. Sarah Hendrickson, 1036 Adams Street, said that she loved her neighborhood but noted that "johns" were cruising at all hours. She said that guests to her home had been solicited by prostitutes as well as her children. She urged passage off the ordinance. Paul Thompson, 1196 West 8th Avenue, spoke in support of the ordinance. He said that social issues still needed to be addressed but urged the council to take a first step. Mayor Torrey closed the public hearing and called for council questions/comments. Councilor Kelly thanked the citizens who testified. He thanked the involved staff for improvements in the ordinance suggested during the work session time. Councilor Kelly said that there were a lot of very large societal issues that the City had a limited capacity to deal with. He stressed that the City could have an effect in one area. He suggested that the council to go to the Human Services Commission, with something as close to a mandate as could be managed, that would specify money for the ACES program for drug treatment. In response to a question from Councilor Kelly regarding the exclusion part of the ordinance for women who lived in motels, Lieutenant Pete Kerns said that many street prostitutes worked out of motels so that not excluding them from the area would allow them to continue to do business there. MINUTES--Eugene City Council July 10, 2000 Page 6 Regular Meeting Councilor Pap~ said that he appreciated the work done by staff, police and citizens. He said that he would support the ordinance because of the testimony of citizens who said that their children had been harassed. He said that the ordinance was the best step that could be taken immediately. Councilor Taylor opposed the prostitution-free zones and commented that if something was illegal it should be illegal everywhere. Regarding exclusions, Councilor Taylor said that it was a penalty before conviction and added that the problem would not go away just because someone was banned from a neighborhood. She said that the people had to still exist somewhere else. Councilor Taylor said that she would consider voting for a cruising ordinance for the entire city. She commented that if no one was cruising there would be less street business. Councilor Nathanson supported the ordinance. She commented that it was a quality of life issue and that the city had a responsibility to manage the quality of life for the majority of residents. She raised concern over trampling the rights of individuals and going beyond the law, but stressed the importance of doing everything possible to maintain quality of life. Councilor Rayor said that he took the plight of drug-addicted prostitutes very seriously. He supported the idea of going to the Human Services Commission to get more money for the ACES drug treatment program. He expressed a desire for the ordinance to be more harsh toward johns. He thanked those involved for their work on the ordinance. Councilor Meisner supported the ordinances as they were presented. He said his support was not conditional upon more drug court funding, although he would like to see that happen. He said that he lived in the neighborhood in question and had seen solicitation by prostitutes. Councilor Meisner commented that prostitution was not a victimless crime. He noted that the problem was located in a residential neighborhood, and urged citizens to walk that neighborhood so that they could better understand the problem. He said that if quality of life was not guaranteed to the central neighborhoods of the city the council would have failed and the inner city neighborhoods would fail. Councilor Lee said he would support the ordinances if he had a clear picture of the social service side of the equation. He said that his support would come when he could identify a sense of balance in how the social problem was being dealt with. He said that he had gone door to door in the neighborhood to get citizen input. He stressed that children were being harassed in the neighborhood and said that he would support ordinances as long as all the pieces were in place. Mayor Torrey said that it was important for citizens to remember that the people looking for prostitutes came from all over the city. He said that the ordinance was not casting aspersions at the people who lived in the area, but trying to do something to improve the environment of the area. Mayor Torrey acknowledged that there were social ills that caused prostitution but emphasized that those ills were not an excuse. He said that he was prepared to support all of the ordinances. MINUTES--Eugene City Council July 10, 2000 Page 7 Regular Meeting V. PUBLIC HEARING: An Ordinance Delegating to the City Manager Authority to add Additional Chemicals to the List of Hazardous Substances Regulated under Amendment IV to the Eugene Charter of 1976 Mayor Torrey opened the public hearing. Seeing no one wishing to speak he closed the public hearing and called for questions/comments from the council. VI.ACTION: An Ordinance Concerning Parking Lot Rates, and Amending Section 5.285 of the Eugene Code 1971 City Manager Johnson asked council to consider Council Bill 4733 concerning parking lot rates, and amending Section 5.285 of the Eugene Code 1971. Councilor Lee, seconded by Councilor Taylor, moved that the bill, with unani- mous consent of the council, be read a second time by council bill number only and that enactment be considered at that time. In response to a question from Councilor Taylor regarding whether the ordinance would change free parking on Saturdays, staff said that it was strictly for monthly parking permits. Roll call vote; the motion passed unanimously, 7:0. City Manager Johnson asked that the council consider Council Bill 4733 by number only. Councilor Lee, seconded by Councilor Taylor, moved that the bill be approved and given final passage. Councilor Rayor pointed out, for the public, that the ordinance would remove the cap for parking rates which should not be equated with raising rates. He said that the issue was the long range forecast showing the parking fund not being able to be an enterprise fund to pay its way. Roll call vote; the motion passed unanimously, 7:0, and became Ordinance No. 20198. VII.ACTION: Approval for Community Development Block Grant (CDBG) Funding for Non- profit Capital Projects Councilor Lee, seconded by Councilor Taylor, moved to approve the use of $275,000 in federal Community Development Block Grant (CDBG) funds for non-profit capital projects as follows: · American Red Cross - $40,000 · Centro Latino Americano Shelter- $35,000 · Centro Latino Americano Main Building - $38,000 · Easter Seals - $15,000 · Goodwill Industries - $15,000 MINUTES--Eugene City Council July 10, 2000 Page 8 Regular Meeting · Lane ShelterCare Family Shelter House - $10,000 · Lane ShelterCare Crisis Respite Services Program - $15,000 · Looking Glass Evaluation and Treatment Center- $24,000 · Pearl Buck- $7,500 · Relief Nursery - $35,500 · Sponsors - $10,000 · White Bird Clinic- $30,000 Linda Dawson of Planning and Development Department noted that the next process for selecting future projects started in the fall and said that she would bring those recommendations to council as part of the one year action plan in April. In response to a question from Councilor Kelly regarding the funding for the Relief Nursery, Ms. Dawson acknowledged that it was a new facility but said that the floor was installed or maintained correctly. She noted that they were unsuccessful in recovering costs from the contractor. Roll call vote; the motion passed unanimously, 7:0. The regular session adjourned at 9:30 p.m. MINUTES--Eugene City Council July 10, 2000 Page 9 Regular Meeting WORK SESSION: City Manager Review The council reconvened in the McNutt Room for a work session on the evaluation of the City Manager. There was general discussion over what form the process of evaluation would take. The council agreed to one round of comments. Councilor Rayor expressed his respect for City Manager Johnson. He commented that, on the evaluation form he had only marked one "needs improvement." He said that this one topic was, "Maintains an organization that is open and available to the public." He stressed that this was not a direct reflection on the City Manager since it was not possible for him to meet all of the needs of the public by himself. Councilor Rayor listed four major concerns for the next year's performance. 1. Police Relations Councilor Rayor stressed the importance of meshing the citizens and the police in their interactions. 2. Financing City Government Councilor Rayor said that this was a huge issue that the City Manager needed to take a strong part in. 3. Downtown Issues Councilor Rayor thanked City Manager Johnson for being instrumental in the downtown visioning process. 4. Managed Growth Councilor Rayor said that growth needed to be managed well enough so that the City was receiving a good product. Councilor Meisner seconded the concern over the "open and available" issue brought up by Councilor Rayor. He suggested creating a complaint process that was easy for the public to find and communicate with. He noted that the City Manager had taken a good first step by creating a permanent Public Service Officer position. He commented that he found it hard to know where to take a complaint and concluded that the general public would find it more so. He suggested, if nothing else, a complaint number listed in the white pages of the phone book. Councilor Nathanson commented that she had tried to encourage an organization-wide complaint tracking system years ago. She said it would be a simple thing to correct. She suggested looking at what was working in other places. Regarding the evaluation, Councilor Nathanson said that most of the time, when she came to the City Manager with a problem, he had already started work on it. She said that he was always willing to listen to a council comment or complaint. She said that she could tell he was paying MINUTES--Eugene City Council July 10, 2000 Page 10 Regular Meeting attention to the issues in the City and that was why the organization was doing so well and progressing so nicely. Councilor Kelly said that he was pleased with the fact that whenever he came to the City Manager with an issue, he was either already working on it or had an immediate idea of how it could be acted upon. He added that the City Manager was proactive in getting staff to explore new options for big policy issues. He, also, stressed that the City needed to be more open to communication from the public. He emphasized the need for internal organization awareness. Councilor Pap8 said that the City Manager was doing a marvelous job at pulling the City organization together. He suggested that the City Manager take a little more leadership in certain areas. He cited a better knowledge of the City's financial workings as an example. He said that he admired the people the City Manager had hired. Councilor Taylor stressed the importance of accessible government. She remarked that she had trouble getting information for constituents. Councilor Lee said that he looked at two indicators of how well the City Manager was doing. He said that 68 percent of the public surveyed believed that the City government was going in the right direction. He remarked that this was the highest rating in ten years. He noted that satisfaction with City services had gone up a lot in the last year (11 percent). He said that 85 percent of people surveyed were satisfied with City services and added that the percentage was going up. He remarked that these numbers said a lot about the City Manager. Councilor Lee said that City Manager Johnson was a great compliment to the City Council. He said that the City Manager was a balancing agent between the councilors. He noted that the majority of council goals had been met in the last year and that the City Manager should be commended for that. Mayor Torrey stressed the difference between morale of staff and the morale of council since the City Manager had taken over. He said that this was a compliment to City Manager Johnson. Mayor Torrey said that Jim Johnson was what was needed in the City organization. Mayor Torrey commented that the council could not have a better City Manager than Jim Johnson, in terms of input on issues. Mayor Torrey remarked that it was going to be a challenge to find a suitable talent to replace the City Manager when he retired. Mayor Torrey said that he met with City Manager Johnson every week and frankly discussed issues. He noted that Mr. Johnson had refused to take a step increase in wages. He said that he considered it a privilege to work with City Manager Johnson. City Manager Johnson encouraged the councilors to bring their concerns to him more than once a year at evaluation time. He stressed that he would work on public access to the organization and relationships with department directors. He complimented the talents of the department directors. Councilor Lee, seconded by Councilor Rayor, moved to give City Manager Johnson a $2,000 bonus as a one-time acknowledgment of his work. Roll call vote; the motion passed unanimously. MINUTES--Eugene City Council July 10, 2000 Page 11 Regular Meeting The meeting adjourned at 10:35 p.m. Respectfully submitted, James R. Johnson City Manager (Recorded by Joe Sams) MINUTES--Eugene City Council July 10, 2000 Page 12 Regular Meeting