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HomeMy WebLinkAboutCC Minutes - 02/26/07 MeetingM I N U T E S Eugene City Council Regular Meeting Council Chamber—Eugene City Hall February 26, 2007 7:30 p.m. COUNCILORS PRESENT: Jennifer Solomon, Andrea Ortiz, Betty Taylor, George Poling, Chris Pryor, Mike Clark, Alan Zelenka. COUNCILORS ABSENT: Bonny Bettman. Council President Andrea Ortiz called the regular meeting of the Eugene City Council to order. She stated Mayor Kitty Piercy and Councilor Bonny Bettman were in Washington, DC, and would not be in attendance at the meeting. 1. PUBLIC FORUM Ms. Ortiz reviewed the rules of the Public Forum. rd Bob Dougherty , 479 East 53 Avenue, represented the Masonic Lodge on Martin Luther King Boulevard, and addressed the conversation concerning alcohol consumption around Autzen Stadium. The organization provided a letter to the University of Oregon (UO) that allowed use of the Masonic Lodge parking lots during football games. He worked with Eugene Police Department captains Chuck Tilby and Pete Kerns to develop a handout regarding proper conduct for distribution to all vehicles entering the parking lots. He stated that while the Masonic Lodge would prefer staff’s proposed Option 2, it would work with the City of Eugene and the UO on any of the options. His organization had no problems in its lots last year and encouraged people to place their bottles in containers prior to crossing the street. It had done everything required by the Fire Marshal related to access and egress from the parking lot. David Walbridge , 2447 Melrose Loop, expressed his concerns regarding spiritual and religious freedom and human rights. He felt he was being denied his rights by the Church of Scientology. Lois Harvick , 1865 Parliament Street, identified herself as the Executive Director for the Eugene office of Mothers Against Drunk Drivers (MADD). Addressing the issue of tailgating at UO football games, she said MADD collaborated with the Oregon Department of Transportation (ODOT) and the National Highway Traffic Safety Administration (NHTSA) in a campaign called Over the Limit Under Arrest in September and October 2006, that was used as a strategy to study what factors among 21-to-34-year-old males would deter them from drinking and driving. The four factors considered were: 1) monetary punishment; 2) injury to themselves or others; 3) escalating insurance premiums; and 4) jail. The study found the fear of being arrested and going to jail was the primary deterrent that kept them from drinking and driving. While MADD could support decreasing opportunities to drive while intoxicated, expansion of the current City ordinance to allow drinking on game days in the proposed areas was a concern that the roads would continue to be at risk MINUTES—Eugene City Council February 26, 2007 Page 1 Regular Meeting for another drunk driving crash. The ordinance did not address the seriousness of the fact that many of the drinking fans would be driving home at potentially illegal blood-alcohol levels. Allowing for the expansion sent the wrong message regarding safety. Game day was no different than any other for preventing drunk driving crashes. Martin KlosMD, , 82518 Howe Lane, Creswell, identified himself as a member of the Lane County Mental Health Advisory Committee and chair of the Lane County Coalition to Prevent Substance Abuse. The coalition was currently hosting discussions with the UO and other stakeholders regarding alcohol consump- tion surrounding game days at Autzen Stadium. Until the City of Eugene or the UO was faced with a public relations “disaster,” public drinking associated with football at UO home games would be acceptable. He said thoughtful changes in alcohol related policies to ban drinking at other university and National Football League (NFL) stadiums only came about when there were enough deaths or riots relating to the alcohol consumption that the public took up the fight themselves and worked to shut off the flow of alcohol. Dr. Klos saw an opportunity to support improved community norms as well as to prevent future disasters if the City Council considered looking at an approach that combined two of the proposed options. Option 3, issuance of permits for alcohol consumption, preferred by City Manager Taylor, would allow Oregon Liquor Oregon Liquor Control Commission (OLCC) jurisdiction in the areas where alcohol was being served. It would involve the property owners in the enforcement and publicity surrounding public drinking. This option, combined with an amendment to City Ordinance 19092, Option 2, would lead to a logical, optimal step towards improving public health and safety. Dr. Klos proposed amending the ordinance to read that “public consumption would be allowed until kickoff for the game” rather than until two hours after the game. Allowing alcohol consumption up to the point of driving home two hours after a game was counter to public safety. An ordinance that stopped public drinking at kickoff would also support the UO if and when it decided to stop allowing halftime passes that permitted people to return to their vehicles and get drunk again for the second half. Many universities implemented such policies to stem the tide of fan behavior. Anne Pratt , 42000 Holden Creek Lane, Springfield, identified herself as a member of MADD and Crime Victims United, which lobbied for tougher driving-under-the-influence (DUI) legislation. She said it used to be illegal to drink in a UO parking lot, but it occurred anyway, and had subsequently been legalized. There were now proposals on the table to make illegal lots legal, enabling fans to drink from four hours before the game until two hours after the game. The proposal, while addressing the legality, did not address the real issue, which was that the party goers drove onto city streets and freeways. This was a tragedy waiting to happen. She saw merit in options 3 and 4, but favored Option 5. Ms. Pratt shared a story of the death of her 23-year-old son caused by a drunk driver, who subsequently spent time in prison. She urged the councilors to address the issue of drinking and driving by enforcing existing laws in the parking lots. Gillian Leichtling , 111 SW Columbia Street, Suite 1200, Portland, from RMC Research in Portland, was the evaluator for the Lane County Coalition to Prevent Substance Abuse. She cited the impacts of various alcohol control policies and enforcement at tailgating parties and community events. Alcohol control polices on underage drinking at campus events and community events reduced the likelihood of alcohol sales to underage drinker, reduced the number of incidents, and reduced the number of students treated for alcohol intoxication. Charles Biggs , 540 Antelope Way, asked what it takes for a crime to be recognized as a hate crime in Eugene. MINUTES—Eugene City Council February 26, 2007 Page 2 Regular Meeting Bill MitchellMD, , 3248 Crocker Road, said he was a general internal medical specialist who also specialized in addiction medicine and currently worked in a methadone clinic. He addressed societal norms changing over time, noting that in the past, people had a good time at athletic events, interacted with friends, and went home. Now, he said, public intoxication was perfectly acceptable. The situation at Autzen Stadium had gotten out-of-hand, sanctioning public displays of intoxication that allowed people to behave poorly and place the blame on the fact that it was game day. The tolerance of public drunkenness occurred because “we have to build up enthusiasm to support our team.” Tailgate parties continued to escalate, with the exuberance of food and drink wrapped up in the guise of loosening people up or feeling good. The effect of increased rowdiness, aggressiveness and offensive behavior was the visible result. He noted non-drinkers were increasingly offended and going to fewer games. A new social norm emerged in which a minority of 10 to 20 percent of the people dictated the conditions of behavior for the event. The idea of responsible public drinking was an oxymoron, noting that it took only one drink to build a blood alcohol of 0.080 percent. By legal definition, this was when one lost his or her sense of responsibility, and when those people in the addiction world knew that judgment was lost, depriving people of the ability to make good decisions about driving. Any effort to reverse the direction of societal norms would be wise planning. Zachary Vishanoff , Patterson Street, said that requiring people to give their address was a deterrent to testifying for fear of retaliation to victims of police misconduct. He suggested that requiring addresses should be optional. He found a report online by Amnesty International about the use of tasers and suggested councilors read the report. He said the riparian greenway and fans at UO football games urinating in the bushes did not mix. He asserted that downtown bars should be able to tailgate just as they do at Auzten Stadium. Mr. Zelenka expressed appreciation for those people who addressed tailgating issues and agreed there was a problem with alcohol assumption at UO football games. He wanted to move the community forward in looking at the problem and not merely give in to the problem. Ms. Ortiz thanked everyone for sharing their opinions with the City Council and expressed her appreciation for the work done by MADD in the community. 2. CONSENT CALENDAR A. Approval of City Council Minutes - January 10, 2007, Process Session - January 22, 2007, Work Session - January 22, 2007, City Council Meeting B. Approval of Tentative Working Agenda C. Approval of City Council Goals for 2007-08 D. Ratification of Intergovernmental Relations Committee Actions of January 30, 2007 E. Adoption of Resolution 4904 Authorizing the Institution of Proceedings in Eminent Do- main for the Acquisition of Property Interests for the legacy Wastewater Interceptor Im- provement Project (City Job 4383) Councilor Pryor, seconded by Councilor Taylor, moved to approve the items on the Consent Calendar. Councilor Pryor pulled Item D. MINUTES—Eugene City Council February 26, 2007 Page 3 Regular Meeting Roll call vote; the motion to approve the Consent Calendar, with the exceptions of Item D, passed unanimously, 7:0. Councilor Pryor pulled two items under Item C, Senate Bill (SB) 187 and SB 335. Indicating she did so at the request of Councilor Bettman, Councilor Taylor, seconded by Mr. Pryor, moved that discussion on the pulled items be postponed until Councilor Bettman was present. Roll call vote; the motion to approve Item C, excepting SB 187 and SB 335, passed unani- mously, 7:0. 3. PUBLIC HEARING: An Ordinance Adopting Hazardous Substance User Fees for the Fiscal Year Commencing July 1, 2007. Assistant City Manager Angel Jones asked Glen Potter to briefly describe the issue before the council. Glen Potter, Fire and Emergency Medical Services Department, provided the staff report. He said in accordance with provisions of the Eugene City Charter, the City’s Toxics Right-to-Know Program was funded by fees assessed to local businesses that were hazardous substance users. To support the program for Fiscal Year 2007-2008, the Toxics Board unanimously recommended a fee of $37.38 per full-time equivalent employee (FTE) employed by participating businesses in 2006, up to a maximum of $2,000 as provided by state law. Last year’s fee was $31.30 per FTE up to the cap. Ms. Ortiz reviewed the rules for members of the public speaking at the public hearing Zachary Vishanoff , Patterson Street, said the University of Oregon (UO) had been exempt from the toxics program reporting, which he found to be a big loophole in the system. Rather than exempting the UO, it should be required to report at a higher standard because it was formulating new things others did not understand. He asserted that the Environmental Protection Agency (EPA) recently decided to take action on regulating nanotechnology containing silver particles. He asserted that the UO conducted nanotechnology projects for Nike. He said he would provide additional information in the future on EPA requirements. Noting no other requests to speak, Councilor Ortiz closed the public hearing. She determined that councilors had no questions at this time. 4. ACTION: An Ordinance Amending the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) Diagram to Redesignate Property Identified as Map 17-03-3044 Tax Lot 8900 (Oregon Motor Pool Site) from High Density Residential/Mixed Use/Nodal Development Designation to Commer- cial/Nodal Development Designation; Rezoning the Property from I-2/TD Light-Medium Indus- trial with Transit Oriented Development and Nodal Development Overlay Zones to C-2/TD/ND Community Commercial with Transit Oriented Development and Nodal Development Overlay Zones’ and Adopting a Severability Claus. MINUTES—Eugene City Council February 26, 2007 Page 4 Regular Meeting Councilor Pryor, seconded by Councilor Taylor, moved that the City Council adopt Council Bill 4935, an ordinance concerning the Oregon Motor Pool site. Roll call vote; the motion that the City Council adopt Council Bill 4935, an ordinance con- cerning the Oregon Motor Pool site, passed unanimously, 7:0. 5. ACTION: An Ordinance Concerning Noise Disturbances; Amending Section 4.083, and 4.084 of the Eugene Code, 1971; and Adding Sections 6.750 and 6.755 to that Code. Councilor Pryor, seconded by Councilor Taylor, moved that the City Council adopt Council Bill 4937, an ordinance concerning the noise disturbances. Councilor Poling, seconded by Councilor Pryor, moved to add an additional exemption to Eugene Code section 6.755(1), as follows: “Sounds produced by leaf blowers and street sweepers being used to clean parking lots and adjacent areas in commercial or industrial zones.” Councilor Poling explained that he wished to include the additional language to assist in the task of cleaning up parking lots and associated areas in the commercial and/or industrial areas that was routinely done late at night, typically between 10 p.m. and 7:00-8:00 a.m., when the parking lots were empty and the businesses closed. Councilor Taylor asked Councilor Poling if he would accept as an amendment “500 feet from residential areas.” Councilor Poling declined to accept Councilor Taylor’s suggested amendment. Roll call vote; the amendment to the motion that the City Council adopt an additional ex- emption to Eugene Code section 6.755(1), as follows: “Sounds produced by leaf blowers and street sweepers being used to clean parking lots and adjacent areas in commercial or in- dustrial zones,” passed 6:1, with Councilor Taylor voting in opposition. Councilor Taylor thanked Dr. Polter for sending the council more information about leaf blowers, which described places where and why leaf blowers were banned. Councilor Taylor, seconded by Councilor Zelenka, to substitute “65 dBA” for “70 dBA” in both places that dBA is mentioned in EC 6.750(e). In response to a question from Councilor Pryor, Mike McKerrow, Land Use Supervisor for the Planning and Development Department, explained that City of Eugene staff currently used the lower decibel models. He had limited information, but acknowledged that one private firm recently ordered the lower decibel leaf blowers. He did not believe that the lower decibel models were generally used by most local maintenance companies. In response to Councilor Zelenka, Mr. McKerrow said he did not know the life span of the machines, although limited information he received from one vendor said a noise reducing shroud to reduce decibels MINUTES—Eugene City Council February 26, 2007 Page 5 Regular Meeting made maintenance more difficult. He added the quieter machines were about $100 more than the louder machines. Councilor Zelenka proposed phasing the ordinance in over a two-year period to allow businesses to transition to the new equipment. Councilor Zelenka offered a friendly amendment, to phase the lower dBA level in over a two-year period. Councilor Taylor accepted the friendly amendment. Councilor Clark could not support the amendment, asserting that the elevated cost would be borne by clients of the maintenance firms, some of whom were on fixed incomes and could not afford an increase. Councilor Zelenka shared Councilor Clark’s concern, but opined that two years was a reasonable amount of time for professional maintenance firms to replace their equipment, thus spreading a modest increase across a large number of clients. Roll call vote; on the amendment to the motion to phase the lower dBA level in over a two- year period. The motion failed, 4:3, with councilor Taylor, Zelenka, and Ortiz voting yes. Councilor Taylor, seconded by Councilor Clark, moved to amend section 6.750(e) to add the following sentence at the end: In addition, no leaf blower shall be operated between 5 p.m. Saturday and 8 a.m. Monday. Roll call vote; the amendment to the motion failed, 5:2; with councilors Taylor and Zelenka voting yes. Roll call vote; on the main motion as amended that the City Council adopt Council Bill 4937, an ordinance concerning the noise disturbances, with an additional exemption to Eugene Code section 6.755(1), as follows: “Sounds produced by leaf blowers and street sweepers being used to clean parking lots and adjacent areas in commercial or industrial zones.” Councilor Taylor asked what would change if the language on the table was adopted. Mr. McKerrow responded the language would put leaf blowers in the same category as lawn mowers. The motion passed unanimously, 7:0. 6. ACTION: An Ordinance Creating a Sustainability Commission; Amending Section 2.013 of the Eugene code, 1971; and Adding a New Section 2.380 to that Code. Mr. Pryor, seconded by Ms. Taylor, moved that the City Council adopt Council Bill 4942, an ordinance creating a Sustainability Commission. The motion passed unanimously, 7:0. The meeting adjourned at 8:20 p.m. Respectfully submitted, MINUTES—Eugene City Council February 26, 2007 Page 6 Regular Meeting Dennis M. Taylor City Manager (Recorded by Linda Henry) MINUTES—Eugene City Council February 26, 2007 Page 7 Regular Meeting