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HomeMy WebLinkAboutCC Minutes - 05/11/98 Meeting MINUTES Eugene City Council City Council Chamber--City Hall May11, 1998 7:30 p.m. COUNCILORS PRESENT: Pat Farr, Tim Laue, Bobby Lee, Laurie Swanson Gribskov, Scott Meisner, Nancy Nathanson, Betty Taylor. COUNCILORS ABSENT: Ken Tollenaar. In the absence of Mayor James D. Torrey, Council President Pat Farr called the May 11, 1998, meeting of the Eugene City Council to order at 7:30 p.m. I. CEREMONIAL MATTERS A. Tree City U.S.A. Award Presentation and Oregon Tree City of the Year Award Presentation Eugene Urban Forester Scott Plamondon stated that the City of Eugene had been awarded several tree-related honors. Oregon Department of Forestry District Forester Rick Rogers announced that the City had received the National Arbor Day Foundation Tree City U.S.A. Award in 1997 for its outstanding Urban Forestry Program for the 19th consecutive year. He explained the criteria used to make the award and presented a commemorative flag to President Fart. Mr. Rogers described the National Arbor Day Foundation Growth Award. He said that Eugene had received the award for its street tree planting and maintenance program and that it was the 8th consecutive year the City had received the award, every year it had been offered. He presented a commemorative plaque to President Fart. Mr. Rogers stated that Eugene had been chosen as the Oregon Tree City of the Year for 1997 by the Oregon Urban and Community Forest Council. He explained that the award was recognition that Eugene most exemplified the intent and spirit of the Tree City U.S.A. program. He presented a commemorative plaque to President Fart. B. Neighborwood Volunteer Recognition MINUTES--City Council May 11, 1998 Page 1 Urban Forestry Technician Michael Bellmore described the Eugene Neighborwood Program. He explained that 1,000 ten- to seventeen-foot trees had been planted by 534 volunteers in the program during 1997. Councilors read the names of 46 individuals and groups receiving 1998 Neighborwood Recognition Awards for participation in Arbor Week during the month of April. Mr. Plamondon presented commemorative certificates to recipients. President Fart noted that Mr. Plamondon was leaving the City to become the Oregon State Urban Forester. He commended Mr. Plamondon on his diplomacy and technical abilities, and wished him well in his new position. Ms. Nathanson stated that she believed a central location for the display of the Tree City U.S.A. award plaques and flags should be established. She suggested a central downtown, the Lane County Fairgrounds, or Eugene Airport as possible locations for such a display. President Farr encouraged the City Manager to investigate the feasibility of such a display. C. Proclamation: Sexual Assault Awareness Month President Fart read a proclamation declaring the month of May 1998 to be Sexual Assault Awareness Month and commending its observance to citizens. II. PUBLIC FORUM Erin Kuch, 2295 Riverview Street, stated that she was a student at the University of Oregon and was concerned about the Guest Worker Program under consideration by the United States Congress as HR 3410 and SB 1563. She urged the City Council and community to study the issues involved in the proposed legislation and consider joining her in seeking to defeat its passage. III. CONSENT CALENDAR A. Approval of City Council Minutes of February 16, 1998, Meeting; April 6, 1998, Dinner Work Session; and April 8, 1998, Lunch Work Session. Ms. Taylor stated that she had previously requested that approval of the minutes of the February 16 meeting be postponed. She requested that paragraph 6 on page 9 be changed, as follows: Ms. Taylor said or,~, r,~,l~ .... ,~ ~,,,,,,i ....... ~ +r,~, ,~+ .......... professions!" '-+ .,11 !~,;e!s ~nd their evaluation comments would be valuable that if employees were to be involved in the evaluation of the City Manager, the opinions of professional staff as well as union representatives and department heads should be included. President Fart determined there was no objection to the amendment. MINUTES--City Council May 11, 1998 Page 2 Ms. Nathanson moved, seconded by Mr. Laue, that the items on the City Council Consent Calendar for May 11, 1998, as amended, be approved. The motion was adopted unanimously, 7:0. iv. APPROVAL OF FINDINGS AND RECOMMENDATIONS FROM THE HEARINGS OFFICIAL AND PASSAGE OF AN ORDINANCE LEVYING ASSESSMENTS FOR THE WEST SIDE OF BAILEY HILL ROAD Ms. Nathanson moved, seconded by Mr. Laue, to approve the Hearings Official's Findings and Recommendations of May 1, 1998. The motion was adopted unanimously, 7:0. City Manager Jim Johnson announced that the council would consider Council Bill 4648, an ordinance levying assessments for paving, curbs, gutters, storm sewers and street lighting conduit on the west side of Bailey Hill Road from Stewart Road to 7th Avenue; and declaring an emergency. Ms. Nathanson moved, seconded by Mr. Laue, that Council Bill 4648, with unanimous consent of the council be read the second time by council bill number only, and that enactment be considered at this time. Mr. Laue asked why it was necessary to declare an emergency for the ordinance. Mr. Johnson replied that be believed it was advantageous to declare an emergency because it would allow more timely issuing of contracts. The motion was adopted unanimously, 7:0. Mr. Johnson announced that the council would consider Council Bill 4648 by number only. Ms. Nathanson moved, seconded by Mr. Laue, that Council Bill 4648 be ap- proved and given final passage. The motion was adopted and became Ordinance 20117. V. APPROVAL OF FINDINGS AND RECOMMENDATIONS FROM THE HEARINGS OFFICIAL AND PASSAGE OF AN ORDINANCE LEVYING ASSESSMENTS FOR HERMAN STREET Ms. Nathanson moved, seconded by Mr. Laue, to approve the Hearings Official's Findings and Recommendations of May 1, 1998. The motion was adopted unanimously, 7:0. Mr. Johnson announced that the council would consider Council Bill 4649, an ordinance levying assessments for paving, curbs, gutters, sidewalks, storm sewers and sanitary sewers on Herman Street beginning 285 feed north of Spring Creek Drive and extending north 350 feet; and declaring an emergency. MINUTES--City Council May 11, 1998 Page 3 Ms. Nathanson moved, seconded by Mr. Laue, that Council Bill 4649, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. The motion was adopted unanimously, 7:0. Mr. Johnson announced that the council would consider Council Bill 4649 by number only. Ms. Nathanson moved, seconded by Mr. Laue, that Council Bill 4649 be ap- proved and given final passage. The motion was adopted unanimously and became Ordinance 20118. VI. PUBLIC HEARING: MUNICIPAL COURT JUDICIAL EVALUATION Mr. Johnson stated that the council would hold a public hearing to receive comments from interested parties on the performance of presiding municipal judge Wayne Allen. He explained that the hearing was part of a three-step evaluation process of the council. President Farr opened the public hearing. President Farr determined there was no one present wishing to testify regarding the performance of Judge Allen. President Fart closed the public hearing and thanked Judge Allen for attending the hearing. VII. PUBLIC HEARING: RECOMMENDATIONS FROM THE CITY COUNCIL COMMITTEE ON HOMELESSNESS AND YOUTH RELATED TO AN ORDINANCE ON OVERNIGHT SLEEPING Housing and Neighborhood Development Section Manager Richie Weinman reviewed the adoption of Ordinance No. 20097 which authorized overnight sleeping in specified areas. He reported on the work session of the council on provisions of the ordinance and explained that a public hearing was required to consider the recommendation of the Council Committee on Homelessness and Youth to extend the sunset date of the ordinance to June 30, 2000. Mr. Weinman reported that, on the request of Councilor Swanson Gribskov, a meeting was held of representatives from religious institutions participating in a program implementing a provision of the ordinance. He explained that the 25 representatives from 12 of the participating groups had discussed the program, raised questions and suggestions for consideration, and unanimously agreed to recommend to the council that the ordinance be extended. Mr. Laue asked if new solutions were being proposed for concerns about provisions of the ordinance related to sleeping in cars on public streets in industrially zoned areas. Mr. Weinman replied that issues raised about such provisions of the ordinance centered around perceived unfairness in allowing the use of streets for sleeping only in such zones, the infringement on business activities, and concerns about employee safety. He said that remedies for all the concerns did not seem possible through the ordinance as it was currently written. MINUTES--City Council May 11, 1998 Page 4 Ms. Nathanson reported that she had asked staff to investigate relevant enforcement practices in other municipalities that could provide assistance with concerns about the ordinance. Mr. Weinman reported that in Eugene and Portland, one side of a street between two intersections was considered a "block" for enforcement of parking regulations, but that Salem considered both sides of a street between two intersections a block. In Salem, cars must move to the next block each day. Ms. Nathanson observed that public streets were primarily intended to be thoroughfares for the movement of traffic and that parking was a secondary activity. She said that property owners or residents did not have legal authority to give or deny permission for parking on public streets. President Farr explained guidelines for testifying before the City Council. He opened the public hearing. John O'Dohoghue, 455, West 15th Avenue, stated that he believed issues related to the ordinance were matters of compassion. He said he was pleased with the work of the council which had led to its adoption and urged extension of its sunset date. Val Major, 2100 West Broadway, had requested to testify, but was not present when invited to speak. Harry Ashburn, 26044 England Loop, Veneta, stated that he was an owner of property in an industrially zoned area of Eugene frequently used by persons sleeping overnight in cars. He said there were between 30 and 70 vehicles parked in the area of his property. He said that businesses leasing his property had reported the parked vehicles affected their ability to receive and dispatch deliveries, that employees were concerned about safety, and that it had been necessary to occasionally request police assistance to move vehicles staying beyond the time limits of the ordinance. He said he appreciated having sanitation facilities provided by the City, but that their presence seemed to attract users. He said he believed current provisions of the ordinance permitting sleeping in industrially zoned areas was not satisfactory and should not be extended. Dick Schuh, 2103 West 10th Avenue, stated that he was the owner of a business near McDonald's Wholesale which had been negatively affected by persons sleeping overnight in cars. He described difficulties trucks had to access the property and said that vehicles had been abandoned on the streets. He commended the council for its attempts to deal with concerns of homeless persons, but suggested that the effects of the ordinance on business property owners should be considered. He recommended that City-owned property located at Prairie Road and Maxwell Road be considered as a location for overnight camping. He said the property contained the "old S.P. station" which could be used for services to homeless persons. He said he supported such assistance programs, but was considering participating in class action litigation to remove the provisions for overnight camping in industrial areas. Gary Hansen, 520 Commercial Street, stated that he was a business owner and frequently supported programs assisting homeless and disadvantaged persons. He reported that his business was negatively affected by persons sleeping overnight in cars near his property-- employees badgered for hand outs, trash dumpsters foraged, external water spigots used without permission, mail boxes opened and used, and trucks prevented from making deliveries. He said MINUTES--City Council May 11, 1998 Page 5 he had decided to install a commercial security system to forestall entry of persons with criminal intent. Charles Gray, 256 North Grand Street, stated that he was co-chair of the Eugene-Springfield Homeless Action Coalition and that he favored extension of the sunset date of the ordinance. He said his organization believed having a place to sleep was a fundamental human right and that the current ordinance was a first step in recognizing such a right. He reported that the ordinance enabled 200 persons to have a legal place to sleep each night, providing them dignity and self- esteem. He said sleeping in a car was not a positive experience, but that it was better than sleeping in a car and getting arrested for doing so. Ted Crysman, 750 Commercial Street, stated that he had been employed at a business in an industrially zoned area of Eugene since 1989. He said he believed the ordinance created negative impacts on wetlands and wildlife in the area of his employment. He reported that the trash dumpster of his business was regularly filled with waste from persons sleeping in the area, that trucks were hindered in seeking to make deliveries, that car body parts and spare tires had been abandoned, and that employees had been approached in a menacing way by a person using a car to sleep in. Penny Anderson, 4055 Royal Avenue, expressed appreciation to the City Council and Council Committee on Homelessness and Youth for their work in developing and adopting the ordinance. She said it provided a sense of safety for persons sleeping in cars and avoided their being criminalized. She described the types of persons sleeping in cars and asked that the sunset of the ordinance be extended. She said she hoped the ordinance would be evaluated fairly. Dominic Perallez, 341 East 12th Avenue, said that he was living on the streets of Eugene with his wife and had parked in areas described by previously testifying property owners. He said he was aware of wildlife which continued to use the area. He described those who slept in cars as not "down and out," but only "down for the moment." He said he did not believe that middle-of- the-night arousal by police was conducive to preparing for a job search or bettering one's life the next day. He said he believed those who slept in cars could police themselves. Jean Miksch, 180 North Polk Street, said that she was a resident of the Whiteaker Neighborhood and introduced her infant daughter. She described her experience of inviting homeless persons to camp on her property as positive and encouraged renewal of the ordinance. Nancy Crabtree stated that she was homeless in Eugene, as a result of a domestic violence situation. She said that she believed the ordinance was a positive gesture on the part of the City. She encouraged businesses to express their concerns regarding the use of streets for sleeping to those who were doing so. She said she believed it would result in better mutual understanding. Shelli Deedon, 1071 Bethesda Street, said that she was an employee in an industrially zoned area. She said that she had become fearful of homeless persons sleeping in cars near the entrance of her building when she had been approached to call police about a violence situation. She reported that the large number of cars with sleeping people parked on the street near her employment prevented her and others from being able to park there. MINUTES--City Council May 11, 1998 Page 6 George Boehnke, 2040 Willamette Street, stated that he believed the ordinance had positive value, but that it did not include adequate provisions for enforcement. He expressed a concern that overnight use of streets near property for sale reduced the value and saleability of the property. He suggested that provisions for limitation of the number of vehicles in a specific area, that overnight use of specific areas be prevented, that City-owned parking lots be used, and that City employees be required to walk or use alternate modes of transportation to work. Henry C. Rippel, II described his education and employment and stated that he was homeless and lived in his automobile. He said he had had a positive experience staying overnight in church parking lots. He suggested that sleeping be permitted in cars parked in the downtown area, that homeless persons are generally distrustful of police, that some industrial areas were not appropriate for persons to park overnight, and that homeless persons tended to congregate because of the sense of safety it provided. Mary Ann Holser, 2670 Cresta De Ruta, stated that she supported the extension of the ordinance. She suggested that the City seek increased funding to support development of additional affordable housing and skill development programs. John Hubbird, 888 West 8th Avenue, commended the City Council for adopting the ordinance and suggested that it be extended after it was revised to deal with concerns raised by businesses and property owners in industrially zoned areas. He also suggested that alternate revenue sources be developed to support programs for homeless persons. He recommended that the ordinance be changed to designate specific Iow-impact industrially zoned areas for overnight parking. Dick Briggs, 80 West 23rd Avenue, stated that he believed two-thirds of the ordinance was working well, but that his experience illustrated the problems of the balance. He described how enforcement of provisions of the ordinance were not possible, how the ordinance lacked a provision for limiting the number of vehicles in a single location, and how he was frustrated with the need to regularly remove trash from his property left by persons sleeping overnight. He recommended that the ordinance be amended to provide that no overnight parking was permitted within 250 feet of sanitation facilities, and that vehicles parked overnight were required to be separated by 200 feet. He encouraged businesses to "adopt" homeless families parking near their property. Robert J. Riggs, Post Office Box 11685, stated that he was co-manager of the St. Vincent de Paul "Eugene Service Station" which provided daytime sanitation, laundry, and telephone services for homeless persons. He said that he believed the ordinance was a positive statement of support for homeless persons and recommended that it be extended with "fine tuning." Raul Sanchez, 2101 West 10th Avenue, stated that he was a owner of a business located in an industrial area frequently used by persons sleeping overnight in vehicles. He said the presence of the vehicles had caused him to lose business, created trash problems, and resulted in abuse of his mail box. He urged the council to correct the problems. Gordon McGraw, 2090 West 7th Place, stated that he was opposed to continuation of the ordinance. He described his experience with burglaries and vandalism at his business in the industrial area since the adoption of the ordinance. He said he was concerned about the small MINUTES--City Council May 11, 1998 Page 7 number of undesirable persons who used the provisions of the ordinance and about children who were involved. Erin Kuch, 2295 Riverview Street, commended business owners negatively affected by provisions of the ordinance for their efforts to deal with its negative impacts. She said she supported extension of the ordinance with adjustments to eliminate the cost to businesses in industrially zoned areas. She said she was willing to become involved as a catalyst to develop conversation between business owners, homeless persons, and female employees. Danielle R. Smith, West 7th Avenue, described her bus motor home. She expressed appreciation to the council for the ordinance because it had given her a winter of peace and she encouraged that it be extended. She thanked owners of businesses affected by overnight parking for their patience and support. She described her experience as a person not living in a conventional house and said she often was made to feel like a second-class citizen and a scapegoat for community problems. She urged Lane County and the City of Springfield to join in the efforts of Eugene to find solutions to problems of homelessness. Tom Musselwhite, 458 Blair Boulevard, stated that he believed the role of government was to mitigate the effects of a market economy on persons who were poor. He discussed issues related to affordable housing. He said the ordinance did not address the need for appropriate shelter, but that it was "morally turning a corner." He said he believed issues related to addiction and homelessness could be addressed and that he would continue to press for increased affordable housing opportunities. He said he supported extension of the ordinance. Jake DuDell, 890 West 12th Avenue, expressed appreciation to the council for its continuing support of programs dealing with issues of homelessness. He said he supported extension of the ordinance. He described his work with church groups participating in the program enabled by the ordinance and said that the number of vehicles in church parking lots could be increased. He said he was sympathetic with the concerns of businesses negatively affected by the ordinance, but said he believed the issues would be solved by better management, not elimination of the ordinance. Rudy Vallejo, 2642-B Ross Lane, said that he had participated in the church parking lot program and described the trailer, electricity, and sanitation facilities provided. He encouraged the council to keep the ordinance which make the program possible. He suggested that businesses work with the council to devise agreements which would address their concerns. James A. McDermott, 4924 Cone, said that he was opposed to continuation of the ordinance. He described his experience of numerous burglaries and trash dumpster problems since the institution of the ordinance. He said he had invited homeless persons to park in the lot of his business. He said he did not believe police protection for business owners was adequate. Dave Vitus, 2358 West 7th Place, stated that his family had owned and operated an electrical business in Eugene for three generations and that it had never experienced a burglary until the ordinance was enacted. He described the damage and danger he has experienced and suggested that he did not support continuation of the ordinance because it created the possibility of armed conflict. MINUTES-City Council May 11, 1998 Page 8 John Howard, 540 Wilson Street, stated that he had operated an auto repair business in the same location for 20 years. He described his experience of having to change operating and his late night work habits since the institution of the ordinance. He said that he believed it was unfair that the problems associated with sleeping in vehicles should be concentrated in industrially zoned areas. Paul Prensky, 933 East 29th Avenue, expressed appreciation that the ordinance allowed camping on private residential property. He said he believed grievances against the ordinance expressed by business owners were legitimate and that concentration of vehicles parking overnight should be addressed in a revision of the ordinance. He said that the Universal Declaration of Human Rights stated that all people had a right to sleep and a right to eat. He suggested that the Human Rights Commission become engaged in resolving compliance issues. John "Mac" McFadden, 575 Knapp Lane, related his experience with a homeless person whose camping trailer needed to be regularly moved until the implementation of the ordinance. He said he objected to any implication that crime was caused by persons who were homeless because they were most often the victims of crime. He said he supported prosecution of those who commit criminal acts. He said he supported extension of the ordinance because it was the best alternative developed to date. J.D. Olson, 2270 Almaden Street, stated that he believed towns in Mexico near the border with the United States, not Eugene, led the way in allowing homeless persons to sleep on public streets. He suggested that it was easier to "put out a fire before it begins." He said he believed that persons who were homeless were better described as persons who have homes, but choose to park it on a street. Karl C. Culbertson, Post Office Box 308, stated that he was homeless, having recently arrived in Eugene after a period of being in prison. He suggested that rent control was a solution to the high cost of living in Eugene. He said he supported extension of the ordinance and that permitting night time camping in City parks be added as a permitted activity. Determining that there were no other persons desiring to testify, President Farr closed the public hearing. He commended the participants for their willingness to speak and civility. He announced that council action on the recommendation regarding extension of the ordinance had been re-scheduled for June 8, 1998. He invited councilors to ask questions of staff, but not respond to testimony in the public hearing. Mr. Lee stated that the "fire had been burning for a long time." He rhetorically asked if elected officials would ever be able to benefit homeless persons. He said he believed the ordinance was a positive new idea and that budget should be provided to pay for expenses of sanitation facilities. He suggested that if homeless were not allowed to sleep in industrial areas, they would congregate in other areas of the City. He asked staff to analyze his suggestion. He said he wanted to be able to create a "win-win" situation. He said he believed enforcement issues should be considered by the council and Council Committee on Homelessness and Youth. Mr. Meisner requested that the Council Committee on Homelessness and Youth consider concerns about the ordinance before it was brought back to council, as follows: · Issues related to density and concentration of vehicles. MINUTES--City Council May 11, 1998 Page 9 · Long-term users of permission to sleep in vehicles. · Police reports about person and property crimes in industrial areas. · Social services providers serving as communication links between businesses and those who sleep in vehicles. · How those sleeping in vehicles can contribute to a solution issues related to businesses. Ms. Nathanson asked for information regarding the proper placement of no parking zones in relationship to concerns raised about the inability of trucks to make deliveries to businesses in areas used by persons sleeping in vehicles. Ms. Nathanson asked for information regarding the reported inability of employees to park on streets--whether on-site parking provided was inadequate. Ms. Nathanson asked for suggestions about how to encourage businesses to identify problems with those who park in the area of their businesses, how to deal with long-term parking issues, and how to deal with concentration of parker issues. Ms. Nathanson said she had a concern that crime reports in the area did not match anecdotal evidence provided by business owners. She asked that accurate information be provided about the magnitude of the problem in relationship to the ordinance. Ms. Nathanson asked for information regarding ways provisions of the residential section of the ordinance could be applied to industrial areas. Ms. Nathanson requested that the ordinance be separated into constituent parts when it was considered by the council. Ms. Nathanson asked that information about study and experience of the City regarding why concentration of overnight parking of vehicles has not been considered viable. Mr. Meisner requested information about property reported to be owned by the City at Prairie Road and Maxwell Road. He said he would also like to be informed of why the council had previously been told there were few complaints regarding the ordinance when much testimony had suggested the opposite was true. Mr. Meisner requested information regarding tools for enforcement of the ordinance needed by the police. Ms. Taylor said that she would also like to receive information regard the property at Prairie Road and Maxwell Road. Ms. Taylor requested that a rumor she had heard be investigated that Springfield Police Officers were encouraging citizens sleeping in cars to go to Eugene where it was legal. Ms. Taylor requested information about attempts by churches and social service agencies to provide long-term solutions to homelessness. MINUTES-City Council May 11, 1998 Page 10 President Fart stated that he would convene a meeting of the Council Committee on Homelessness and Youth before the June 8 council meeting and that it would consider issues related to extending the time for the sunset of the ordinance, including the following: · Garbage and sanitation. · Wildlife and wetland impacts. · Behavioral and crime issues. · Density and concentration of overnight parking. · Land at Prairie Road and Maxwell Road. The meeting adjourned at 9:45 p.m. Respectfully submitted, James R. Johnson City Manager Pro Tem (Recorded by Dan Lindstrom) R:~1998~Adm Services~CIS ~Councillccg $O.f ] ]. wp¢l MINUTES--City Council May 11, 1998 Page 11