Loading...
HomeMy WebLinkAboutCC Minutes - 08/07/00 Meeting MINUTES Eugene City Council Regular Meeting Council Chamber--City Hall August 7, 2000 7:30 p.m. COUNCILORS PRESENT: Pat Farr, David Kelly, Bobby Lee, Scott Meisner, Nancy Nathanson, Gary PapS, Gary Rayor, Betty Taylor. Mayor James D. Torrey called the meeting to order. I.PUBLIC FORUM Wendy Gildea, 91113 Marcola Road, spoke against the addition of a methadone clinic in her neighborhood. She commented that the neighborhood should not be burdened with yet another social service agency. Larry Gildea, 91113 Marcola Road, spoke against the addition of a methadone clinic in downtown Eugene. He raised concern over a clinic limited to only addicts. He added that there had been no public notice or opportunity for public involvement in the placement of the clinic. He asked the council to encourage city staff to look into the matter. Daphne Singingtree, 2740 Shirley Street, spoke against the proposed methadone clinic location. She commented that the clinic would adversely affect the business of her birth center located on the adjacent lot. She commented that there were small children in her office every day and that they should not be exposed to a high number of addicts moving in and out of the clinic. Teri A. Epperly, 1206 Mill Street, spoke against the proposed location of the methadone clinic. She said that the clinic, added to the existing social services in that location, would be an unreasonable burden to the neighborhood. She urged the council to promote the livability of downtown Eugene residential properties by not allowing the clinic. Benai, 1224 Mill Street, raised concern over the impact to children of a methadone clinic in her neighborhood. Gene Daugherty, 1431 West Broadway, spoke on the proposed prostitution ordinance. She raised concern over increasing prostitution penalties. She commented that penalties were not a deterrent to prostitution. Sue Comfort, 1431 West Broadway, spoke against the proposed prostitution ordinance. She stressed the importance of giving prostitutes a place to go rather than barring them from specific areas. MINUTES--Eugene City Council August 7, 2000 Page 1 Regular Meeting Mayor Torrey noted that there was a speaker asking to be recognized who had signed up after the 7:45 p.m. deadline. He called for input from the council on whether to allow the speaker. Councilor Lee, seconded by Councilor Taylor, moved to extend the time allowed for the public forum. In response to a question from Councilor Pap8 regarding whether this was a one-time allowance or a routine thing, Councilor Lee said that he would generally be in favor of allowing an additional speaker after the deadline. Councilor Pap8 said that he would support the motion for that single time but wanted the rules to be followed in the future. Councilor Nathanson stressed the importance of getting the word out about the rules for the public forum. Roll call vote; the motion passed unanimously, 8:0. Tom Halferty, 4510 Manzanita Street, distributed written material to the council. He urged the council to acquire the property around the headwaters of the Amazon. Moshe Immerman spoke against the expansion of Hyundai. He commented that corruption was rewarded and that morality and science seemed to mean less and less in today's world. Councilor Meisner agreed that there was an over concentration of social services in the downtown area and said that the issue had been of concern to him for some time. He reiterated his support for a social service dispersal policy. Councilor Meisner noted that Mayor Torrey had tried hard to find an alternate site for a previously proposed clinic without success. He noted that the clinic in question was a for-profit business. Councilor Meisner called for more information from staff. Councilor Rayor questioned how the clinic could be opened when the conditional use permit was for the previous owner. Regarding the prostitution ordinance, Councilor Rayor said that the penalties were a graduated response for repeat offenders. He called for stiffer penalties against "johns" who cruised for prostitutes. Councilor Kelly commented that it was important to have a methadone clinic in the community. He added that it was clear that there could be a better location than the proposed one. He encouraged the neighbors to look at code enforcement issues regarding the clinic, given that the council had no authority to stop the clinic from locating as proposed. Alternatively, he encouraged them to work with the clinic to seek an another location. Councilor Nathanson reiterated that neighbors to the proposed clinic should closely examine code enforcement issues. She noted her concern about the high ratio of nonowner-occupied housing in the neighborhood in question and hoped the City could work to reduce that percentage. Councilor Taylor commented that she had been trying to get the City to purchase the Amazon headwaters for some time. MINUTES--Eugene City Council August 7, 2000 Page 2 Regular Meeting Mayor Torrey said that staff would provide a response to the concerned citizens regarding the methadone clinic. He urged the neighbors to help find an alternate site. II.CONSENT CALENDAR A. Approval of Minutes: June 26, 2000, Regular Session; June 28, 2000, Work Session; and July 10, 2000, Regular Session B. Appointment of Members to the Voter's Pamphlet Committees for City Measures on the November 7, 2000, Ballot and Approval of the use of General Contingency Funds for the Voter's Pamphlet and Informational Tabloids Councilor Lee, seconded by Councilor Taylor, moved to approve the items on the Consent Calendar. Councilor Taylor pulled Item B from the Consent Calendar. Councilor Nathanson offered a correction to page 10 of the minutes of the July 10 regular session, asking that the first sentence in the second-to-last paragraph be revised to read "Councilor Nathanson commented that she had tried to encourage an organization-wide complaint tracking system years ago." Roll call vote; Item A of the Consent Calendar passed unanimously, 8:0. Councilor Taylor moved to delete the part of Item B that dealt with the use of contingency funds to pay for informational tabloids. The motion died for lack of a second. Roll call vote; Item B of the Consent Calendar passed, 7:1, with Councilor Taylor voting in opposition. III.PUBLIC HEARING AND POSSIBLE ACTION: An Ordinance Concerning Terms for City Boards, Commissions and Committee Members, and Amending Section 2.103 of the Eugene Code, 1971 Mayor Torrey opened the public hearing. Seeing no one wishing to speak, he closed the public hearing and called for councilor comments/questions. Councilor Kelly supported the ordinance. He suggested using the Eugene Celebration as a means for recruitment for boards and commissions. City Manager Johnson asked the council to consider Council Bill 4738, an ordinance concerning terms for city boards, commissions and committee members, and amending Section 2.103 of the Eugene Code, 1971. MINUTES--Eugene City Council August 7, 2000 Page 3 Regular Meeting Councilor Lee, seconded by Councilor Taylor, moved that the bill, with the unanimous consent of the council, be read a second time by council bill number only, and that enactment be considered at that time. Roll call vote; the motion passed unanimously, 8:0. City Manager Johnson asked the council to consider Council Bill 4738 by number only. Councilor Lee, seconded by Councilor Taylor, moved that the bill be approved and given final passage. Roll call vote; the motion passed unanimously, and became Ordinance No. 20202. IV. ACTION: An Ordinance Vacating Improved Portions of Commerce Street and West 13th Avenue in the West Park Commercial Center Subdivision; and Providing an Effective Date City Manager Johnson asked the council to consider Council Bill 4739, an ordinance vacating improved portions of Commerce Street and West 13th Avenue in the West Park Commercial Center Subdivision; and providing an effective date. Councilor Lee, seconded by Councilor Taylor, moved that the bill, with the unanimous consent of the council, be read a second time by council bill number only, and that enactment be considered at that time. Councilor Rayor moved to amend the motion by withdrawing the 13th Avenue vacation. The motion to amend died for lack of a second. Roll call vote; the motion passed unanimously, 8:0. City Manager Johnson asked that the council consider Council Bill 4739 by number only. Councilor Lee, seconded by Councilor Taylor, moved that the bill be approved and given final passage. Roll call vote; the motion passed, 7:1, with Councilor Rayor voting in opposition, and became Ordinance No. 20203. MINUTES--Eugene City Council August 7, 2000 Page 4 Regular Meeting V. ACTION: An Ordinance Concerning Collection of Yard Debris and Amending Section 3.270 of the Eugene Code, 1971 Councilor Pap8 recused himself due to a conflict of interest. City Manager Johnson asked the council to consider Council Bill 4740, an ordinance concerning collection of yard debris and amending Section 3.270 of the Eugene Code, 1971. Councilor Lee, seconded by Councilor Taylor, moved that the bill, with the 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 supported the motion. He noted that Eugene was the only community of its size in Oregon that did not have a yard debris program. He raised concern that the ordinance said nothing about costs. He wanted to ensure a measure of cost protection for citizens. Councilor Kelly, seconded by Councilor Meisner, moved to further amend Subsection 3.270 (e) by adding the following sentence: "The initial collection rate for yard debris shall be no greater than $3.50 per month and shall remain in effect until January 2003." Speaking to the amendment, Councilor Taylor said that it made it more likely that she would vote for the main motion. Councilor Nathanson raised concern that the amendment would provide an incentive to set the cost at $3.50 and not allow a possibly lower cost. Addressing Councilor Nathanson's concerns, Councilor Kelly changed the language of the motion to state that the initial collection rate shall not exceed $3.50 per month until January 2003. Roll call vote; the amendment passed, 5:2, with councilors Farr and Lee voting in opposition. Councilor Taylor moved to table the motion until the council obtained more information on the item. The motion died for lack of a second. Roll call vote; the amended motion passed unanimously, 7:0. City Manager Johnson asked the council to consider Council Bill 4740 by number only. Councilor Lee, seconded by Councilor Taylor, moved that the bill be approved and given final passage. Councilor Taylor commented that the council was being asked to vote in a hurried manner. She expressed a desire for more information. She stressed that the public had a right to discuss the matter further. Roll call vote; the motion passed, 6:1, with Councilor Taylor voting in opposition, and became Ordinance No. 20204. MINUTES--Eugene City Council August 7, 2000 Page 5 Regular Meeting Councilor Pap~ returned to the meeting. VI.ACTION: 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 Councilor Lee raised concern that there was not enough capacity in the system to address the problem of drug addiction in prostitutes as an issue. He commented that the goal of the ordinances was not just to change public behavior but to help prostitutes to get off the cycle of drugs. Councilor Lee, seconded by Councilor Kelly, moved that the council commit to funding approximately $50,000 in additional drug treatment opportunities for prostitutes using grant funds or other funds. In response to a question from Mayor Torrey regarding whether the motion was conditioned on the passage of the prostitution ordinance, Councilor Lee, with the agreement of his second, said that it was. Councilor Lee stressed the importance of having capacity within the system to ensure that drug intervention for prostitutes was possible. Councilor Kelly said that there was no question that the residents in the affected area had a serious problem. He stressed that the council needed to do what was appropriate to keep those residents safe from harassment by prostitutes and "johns." He also stressed the importance of addressing the underlying issues of the prostitution problem as well. He said that it was important to have council, on record, with a commitment to addressing the underlying issues. He suggested having the council representative to the Human Services Commission stress the council's desire to have funding to address those issues. Councilor Meisner raised concern that the motion was sacrificing a solution to address the problems of those committing the crimes. He reiterated Councilor Kelly's comments regarding the funding priorities of the Human Services Commission. Councilor Pap8 commented that there were many social problems in the community. He raised concern over how the funds would be provided for addressing drug addiction in prostitutes. He said that he would not support the motion. Councilor Nathanson said that she would support the ordinance "with no strings attached." She noted that the ordinance was not ward-specific and that the problem could happen in any ward. She stressed that the ordinance benefitted the city at large. Councilor Kelly commented that it was part of the City's responsibility to try to change social problems. He stressed the importance of addressing the underlying issues of prostitution. Councilor Lee stressed the importance of prevention measures instead of punitive measures. He said that changing public behavior took a multiple approach. He said the money would go to a MINUTES--Eugene City Council August 7, 2000 Page 6 Regular Meeting good use. He reiterated that the City needed to deal with the prostitution problem in an intelligent manner. Mayor Torrey said that there were "no teeth" in the motion since the funding source was not identified. He commented that he would put $50,000 into prevention measures for children. He commented that the money was no longer used for prevention when it was used for people who had already committed crimes. Councilor Lee said that the City did not have the capacity to deal with the numbers of prostitutes in the area. He said that the council was legislating an ordinance that it had no means to address. Councilor Pap~ commented that Councilor Lee could have made the motion earlier in the process. He suggested looking at the problem in the budget process for the next fiscal year. Councilor Lee said that if there were no intervention programs there would be no sure prevention of prostitution. He added that the City was trying to "brush people under the rug." Councilor Kelly agreed and added that prevention programs would save police budget money. Councilor Meisner stressed that prostitution and soliciting were criminal acts. He commented that drug treatment was not drug prevention. Councilor Lee urged the council to look at the issue holistically. Roll call vote. The vote on the motion resulted in a tie. Mayor Torrey voted with the opposition. The motion failed, 5:4, with councilors Fart, Lee, Kelly, and Taylor voting in favor. City Manager Johnson asked the council to consider Council Bill 4741, 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. Councilor Lee, seconded by Councilor Taylor, moved that the bill, with the unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at that time. Councilor Taylor raised concern over creating exclusion zones. She said that she was against the zones since they would just move the problem to another neighborhood. She added that there was no way prostitutes could pay the huge fines imposed except by going back into prostitution. Councilor Kelly remarked that the ordinance applied to both prostitutes and johns. He stressed the need to take a multiple approach to prostitution problems. Roll call vote; the motion passed unanimously, 8:0. City Manager Johnson asked council to consider council bill 4741 by number only. Councilor Lee, seconded by Councilor Taylor, moved that the bill be approved and given final passage. MINUTES--Eugene City Council August 7, 2000 Page 7 Regular Meeting In response to a question from Councilor Rayor regarding the constitutionality of exclusion ordinances, City Attorney Glenn Klein said that controlling law in Oregon considered it constitutional. Roll call vote; the motion passed, 6:2, with councilors Taylor and Kelly voting in opposition, and became Ordinance No. 20205. City Manager Johnson asked the council to consider Council Bill 4742, an ordinance concerning traffic congestion thoroughfares, and amending Section 5.155 of the Eugene Code, 1971. Councilor Lee, seconded by Councilor Taylor, moved that the bill, with the 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 said that he was more than happy to support the ordinance since it was aimed at correcting the behavior of johns. Councilor Taylor spoke against the ordinance. She said that a cruising ordinance should be applied to the whole city. She cited a letter from man who was mistakenly charged with soliciting. She was against ordinances that addressed specific parts of town. City Manager Johnson clarified that the cruising ordinance was for the entire city. Roll call vote; the motion passed unanimously, 8:0. City Manager Johnson asked the council to consider Council Bill 4742 by number only. Councilor Lee, seconded by Councilor Taylor, moved that the bill be approved and given final passage. Roll call vote; the motion passed, 7:1, with Councilor Taylor voting in opposition, and became Ordinance No. 20206. City Manager Johnson asked the council to consider Council Bill 4743, an ordinance concerning the penalty for committing the crime of prostitution and amending Section 4.990 of the Eugene Code, 1971. Councilor Lee, seconded by Councilor Taylor, moved that the bill, with the 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 remarked that the statewide definition of prostitution applied to both johns and prostitutes. He stressed that the penalty would apply to both. Roll call vote; the motion passed unanimously, 8:0. City Manager Johnson asked the council to consider Council Bill 4743 by number only. Councilor Lee, seconded by Councilor Taylor, moved that the bill be approved and given final passage. Councilor Taylor reiterated that the fines were prohibitive. She said that if just the johns could be fined then it would be acceptable, but it was far too much for the prostitutes. MINUTES--Eugene City Council August 7, 2000 Page 8 Regular Meeting Roll call vote; the motion passed, 7:1, with Councilor Taylor voting in opposition, and became Ordinance No. 20207. Councilor Lee, seconded by Councilor Taylor, moved to approve a policy that the city may publish the names and photos of convicted johns and direct the City Manager to implement the policy in a cost effective manner. Referring to the case she had cited earlier, where the person said that if his name had been published it would have ended his career, Councilor Taylor said she would oppose the motion. Councilor Kelly expressed his concern over the potential for mistakes, but stressed that it was important to crack down on johns soliciting prostitution. He noted that the City of Portland had not implemented a policy to publish the names an photos of johns so it did not appear to be a critical step in combating prostitution. He noted that a mistake could ruin a man for life. He opposed the motion. Councilor Lee, seconded by Councilor Pap~, moved to amend the motion by publishing names and photos of johns only on a second conviction. Councilor Kelly supported the amendment, but stressed the importance of making first-time offenders aware of what would happen on a subsequent conviction. Roll call vote; the amendment passed unanimously, 8:0. Roll call vote; the amended motion passed unanimously, 8:0. The meeting adjourned at 9:40 p.m. Respectfully submitted, James R. Johnson City Manager (Recorded by Joe Sams) MINUTES--Eugene City Council August 7, 2000 Page 9 Regular Meeting