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HomeMy WebLinkAboutCC Minutes - 11/23/98 Meeting MINUTES Eugene City Council Council Chamber--City Hall November 23, 1998 7:30 p.m. COUNCILORS PRESENT: Pat Farr, Tim Laue, Bobby Lee, Scott Meisner, Nancy Nathanson, Laurie Swanson Gribskov, Betty Taylor, Ken Tollenaar. Mayor James Torrey called the adjourned November 18, 1998, meeting of the Eugene City Council to order at 7:35 p.m. 1. PUBLIC FORUM Mayor Torrey explained the difference between the Public Forum and the public hearings to be held later in the meeting. He reviewed guidelines for providing testimony in the forum. He noted that councilors did not normally comment on testimony received in the forum, but that records were made and staff was asked to follow-u on comments. Robin Ingram, 4370 Willamette Street, stated that she wished to testify regarding a tree cutting permit application submitted by Rest Haven Cemetery for property located at 39th Avenue and Willamette Street. She asked that the City Council intervene to provide for sustainable management of the trees involved by changing applicable policies and the project itself. She said cutting the trees as described in the application would do harm to the environment because the trees sequestered carbon dioxide and "each tree counts." She recommended that the permit be granted with stipulations that (1) trees be cut incrementally as the area they occupied was needed for burial sites, (2) multiple sizes of trees be left uncut, (3) tree debris be left to provide ground cover, and (4) only light-weight equipment be used in cutting processes. Nick Urhausen, 2858 Warren Street, expressed appreciation to the City Manager for not asking the Oregon State Police to investigate actions of Eugene Police Department officers at the University of Oregon on Halloween. He said that the City Manager was in error to suggest that the vote of citizens regarding the establishment of a police review board could be invalidated by establishment of such a body through other means. He proposed that the Mayor be allowed to vote on all issues considered by the City Council. He also suggested that funds saved from not establishing a police review board should be allocated to support programs at the Campbell Senior Center. Nick Antone Jr., 512 Honeysuckle Lane, reported that he was disturbed at the death of his grandmother and at harassment he felt. He stated that the Eugene Police had been called to deal with what he estimated to be the 200th time regarding harassment promoted by the City. He said the Human Rights Program had refused to become involved in the issues he raised. He complained about the complaints of his neighbors and said he felt imprisoned on his own property. He said he did not believe the latest City-imposed fine on his property would have been MINUTES--Eugene City Council November 23, 1998 Page 1 7:30 p.m. necessary, if a Municipal Court order had been issued to resolve the problems he faced. He said his mother did not want to institute commitment proceedings, but that he believed his father was mentally ill. He requested that the City Council intervene in the matter. Kayleen Hanna, 1280-B East 28th Avenue, stated that she represented the Eugene Tree Federation and wished to testify in opposition to the tree cutting permit of Rest Haven Cemetery. She said cutting of the trees would have significant impact on the south hills area and would negatively affect the social fabric of the community. She said she believed that a viable compromise had been proposed in staff notes dated August 2, 1995, which recommended phased removal of trees on the site and retaining significant vegetation as long as possible. Misha Seymour, 1313 Lincoln Street #306, said that Thanksgiving was a nice time. He spoke of his negative experience of encountering oleoresin capsicum used by a Downtown Mall Guide during the Eugene Celebration. He said he believed the City Manager should investigate the suggestion of a local radio personality that oleoresin capsicum should not be issued to such guides. He objected to the playing of recorded music on the Downtown Mall because he believed it was intended to drive away what he termed "mall rats." He said he believed citizens needed to get involved to "take back the City from its fascist rulers." Cyndy Marychild, Post Office Box 231, Vida, stated that she was concerned about pressure being placed on homeless persons in rural areas by the Oregon State Police and Lane County Sheriff Deputies. She said persons were not being permitted to live in "wheeled residences" on privately owned property. She asked if the City Council was considering any measures to assist the homeless during the Thanksgiving holiday season. 2. CONSENT CALENDAR A. Approval of Council Minutes: October 5, 1998, Council Dinner Work Session October 26, 1998, Council Dinner Work Session October 26, 1998, Council Meeting B. Resolution Approving a Low-Income Rental Housing Property Tax Exemption for Property Located at 38th Avenue and Hilyard Street (St. Vincent de Paul Society of Lane County, Inc.) Mr. Fart moved, seconded by Mr. Tollenaar to approve the City Council Consent Calendar for November 23, 1998. Ms. Nathanson requested that sentence 2 of paragraph 7 on page 6 of the minutes of the October 5, 1998, Council Dinner Work Session be changed, as follows: She suggested that ...... change was inevitable, whether there was growth, decline, or stagnant population; that a long-term view was necessary to deal with them; that all growth and change were not bad, but ,,v~r~ unavcidab!~; and that change/growth did not necessarily mean a reduction in community livability. MINUTES-Eugene City Council November 23, 1998 Page 2 7:30 p.m. Mayor Torrey determined that there was no objection to the suggestion of Ms. Nathanson and declared that the minutes under consideration were amended as requested. Ms. Taylor requested that sentence 2 of paragraph 3 on page 8 of the minutes of the October 5, 1998, Council Dinner Work Session be changed, as follows: She said she would also like opportunities to mee~wi~ question executive staff ,, ,~, v,~,,~~'-'~,,~'~, ,'~",, *'',v ~,'~"~ ,A,~,~,,v,,,, during those meetings about problems of constituents. Mayor Torrey determined that there was no objection to the suggestion of Ms. Taylor and declared that the minutes under consideration were amended as requested. Ms. Taylor requested that Item B of the Consent Calendar be considered as a separate item. Mayor Torrey said that her request would be honored. Mr. Meisner requested that sentence 2 of paragraph 7 on page 1 on the minutes of the October 5, 1998, Council Dinner Work Session be changed, as follows: He said he did not believe such duplication was always inappropriate, but that he was interested in seeing a report of its occurrence and how cooperation between the tw~gencJes City and other public and private agencies was fostered. Mayor Torrey determined that there was no objection to the suggestion of Mr. Meisner and declared that the minutes under consideration were amended as requested. The motion to approve Item A of the Consent Calendar, as amended, was adopted unanimously, 8:0. Mayor Torrey stated that adoption of Item B of the Consent Calendar had been moved in the original motion and that consideration of it had been separated at the request of Ms. Taylor. Ms. Taylor stated that she was opposed to the City providing any kind of tax waiver for any purpose and that she had asked that the resolution approving a Iow-income rental housing property tax exemption for property located at 38th and Hilyard be considered separately to allow her to vote in opposition. Mr. Lee said he believed the issue raised by Ms. Taylor concerned a comprehensive policy question and asked if she had objections about the specific tax exemption proposed. Ms. Taylor replied that she had concerns about the proposal, but that the state of taxes and how the City gets its revenue encouraged her to oppose all tax waivers. She suggested that if the council wanted to "give money" to those who would reside in the housing to be created, it should be decided independently, rather than given through a tax waiver. Mr. Lee replied that if the world were a perfect place, a tax structure fair to everyone could be created. He said he believed the proposed tax waiver was a way to provide equity in the community. Mr. Meisner said he supported council discussion of property tax waivers, but that he favored the policy of supporting development of Iow-income housing through the proposed waiver. He said the waiver was a quid pro quo subsidy of the rent of residents in the development. MINUTES--Eugene City Council November 23, 1998 Page 3 7:30 p.m. Mr. Farr said the savings in rent for residents provided by the proposed waiver would likely make the difference for residents between having a home and being homeless. He said the council had consistently supported Iow-income housing. Mr. Laue pointed out that the housing to be provided in the development would likely serve single parents with children who would not be able to afford any other type of rental housing in the community. The motion to approve Item B of the Consent Calendar was adopted, 7:1, with Ms. Taylor voting in opposition. 3. PUBLIC HEARING: ORDINANCE TO REVISE THE CITY OF EUGENE VOTER'S PAMPHLET SIGNATURE GATHERING PROCESS City Manager James Johnson announced that the council would hold a public hearing on a proposed ordinance to revise portions of the City Code related to the use of paid petitioners to gather signatures for arguments in the City voter's pamphlet. Deputy City Recorder Kate Fieland stated that the proposed ordinance had originated from a request of the American Civil Liberties Union to change provisions of the City's code regarding paid petition signature gatherers. She reviewed options discussed by councilors at a November 9 work session, as follows: · Remove fee for use of paid signature gatherers. · Provide an option for a fee in lieu of signatures to place an argument in the voter's pamphlet. · Retain the 300 signature requirement to place arguments in the voters' pamphlet with no fee. · Continue to require an identification button for paid petitioners only. · Remove the button requirement. · Require signature gathers to wear a button identifying their status as either paid or unpaid. Ms. Fieland said that staff recommended that the fee for using paid signature gatherers and the requirement that signature gatherers wear a button be removed. Mayor Torrey opened the public hearing and explained guidelines for providing testimony in it. Polly Nelson, Post Office Box 50426, Eugene, stated that she was the Education Director for the American Civil Liberties Union of Oregon. She said her organization supported the recommendations of staff and urged the council to adopt the proposed ordinance revisions. She said that removal of the requirement for signature gatherers to wear a button was significant because the requirement stigmatized constitutionally protected free speech. MINUTES--Eugene City Council November 23, 1998 Page 4 7:30 p.m. Mayor Torrey determined there were no other persons present wishing to testify and closed the public hearing. He noted that the council was scheduled to take action on the proposed ordinance on December 7, 1998. 4. PUBLIC HEARING: ORDINANCE TO CREATE A POLICE COMMISSION Mr. Johnson announced that the council would hold a public hearing on a proposed ordinance to create a Police Commission. Acting Police Chief James Hill stated that recommendations regarding the proposed ordinance made at the November 18 Council Work Session had been incorporated into the current proposal. He said it was important to differentiate between the current proposal and the ballot measure regarding a police review committee recently rejected by voters. Mr. Hill said the proposed ordinance under consideration was to be a policy reviewing board. He said the board could deal with policies having to do with police misconduct, but would also consider policies having to do with resources, expansion of Community Policing, and other public concerns. He said it would not be a board to review individual police officer actions. In response to a question from Mr. Fart, Mr. Hill agreed that the two bodies addressed different aspects of police operations--the ballot measure with individual police officer actions, the current ordinance with department policies. In response to a question from Mr. Tollenaar, Mr. Hill said it was true that the concept of a police commission and a police review board had both been proposed by the External Review Advisory Committee. In response to a question from Mr. Lee, Mr. Johnson added said that it was his intention to better inform himself about what was involved in police review, to consider options in the "external review alternative" with appropriate staff and citizen committees, and to discuss with the council whether a differently organized board should be considered. Mayor Torrey determined no other councilor had a question regarding the proposed ordinance and opened the public hearing. Nick Urhausen, 2558 Warren Street, said that he had no objection to the establishment of a policy review Police Commission. He said he believed the External Review Advisory Committee had excluded the opinions of those who were opposed to citizen review of police. He suggested that the proposed ordinance be amended to not include members of the City Council on the commission, or to have the City Council perform the duties of the proposed commission. He said that he did not agree with the proposal for members of the Police Commission to be appointed by the Human Rights Commission and Police Chief, but believed that city councilors and the mayor should each appoint one member. He suggested that the proposed commission be limited to an advisory role and that there be provision for "minority reports" in its recommendations. Ron Chase, 1775 West 14th Avenue, stated that he represented the Human Rights Commission. He reported that the commission had unanimously endorsed the proposed ordinance establishing a Police Commission. He said he assumed that the member of the commission from the Human Rights Commission would be chosen by the commission. MINUTES--Eugene City Council November 23, 1998 Page 5 7:30 p.m. Beth Medler, 4441 Fox Hollow Road #6, said she believed the deliberations of the External Review Advisory Committee and Council Committee on Public Safety which had developed the proposed ordinance were a good example of how public involvement can be effective. She said she supported the ordinance and believed there were many citizens who would work with the council in support of the proposed commission. She said it was her observation that establishment of a police review board had been rejected by voters because of the belief that such a body already existed. Melissa Watson, Post Office Box 37121, stated that she was a student at the University of Oregon. She said recent student interactions with Eugene Police had led her and others to support establishment of a Police Commission. She said such a commission could open lines of communication and foster a better relationship between students and police. She suggested that one position on the proposed commission be designated for a student to encourage police policies and practices to be consistent with student values, and to provide a forum for student complaints about police abuses. Tifani Jagodnik, 3402 Centennial Boulevard #16, stated that she was a student member of the University of Oregon's Campus Community Relations Task Force. She said her experience had led her to believe that the Eugene Police Department was looking for a way to create stronger lines of proactive communication with students. She suggested that establishing a Police Commission with a student member would promote the improved relationship. Jereme Grzybowski, 2766 Alder Street, submitted copies of a letter written by Ilona E. Koleszar, director of the Associated Students of the University of Oregon Student Legal Services. He read portions of the letter in which Mr. Koleszar said he was convinced that Eugene Police initiate rude, unnecessarily threatening, and verbally abusive behavior in the University area. The letter suggested that such actions "train another generation of students to detest police officers" and "that there is ample room for attitude and behavior adjustment by students and police." Elliott Dale, 812 East 14th Avenue, stated that he supported the comments of Melissa Watson and encouraged student involvement in the work of the Police Commission. Michael Olson, 2766 Alder Street, stated that he was president of the University of Oregon Student Senate. He said he supported the concept of a Police Commission and having a student representative on it. He suggested establishing the relationship could address concerns of students and lead to a democratic solution to problems which currently existed between police and the campus. He said he also supported permitting minority reports on commission recommendations. Spencer Hamlin, 445 East 19th Street, stated that he was a student at the University of Oregon and wanted to associate himself with the comments of other student speakers, supporting the establishment of a Police Commission and having a student member. He said that while students were not permanent residents, they were a part of the Eugene community, and that their voice should be heard. Catherine Kapelka, 3334 West 14th Avenue, stated that she was a student and supported formation of the Police Commission and appointment of a student member. She suggested that other groups who questioned police actions should also be represented on the commission. MINUTES--Eugene City Council November 23, 1998 Page 6 7:30 p.m. Emily Golden-Fields, 37 Washington Street, stated that she was a student and community member and was aware of complaints about police behavior. She said she believed there was a need for a Police Commission to provide citizen input and resolve complaints. She said she was aware that such a body in other cities operated successfully. She encouraged student participation in its formation. Byron Stone, 2635 Calgary Street, said that he was concerned that the Police Commission succeed because his family had recently been harassed by police actions. He said he believed a police review board was also needed. Misha Seymour, 1313 Lincoln Street #306, suggested that laws and police actions did not always coincide and that a police external review board was needed. He said he hoped the new City Council would establish such a body. He observed that allegations about unfairness in Eugene were never raised in the past. He suggested that street benches should be provided near the University. He said he favored establishment of a citizen police review board over establishment of a Police Commission. Polly Nelson, Post Office Box 50426, stated that she represented the American Civil Liberties Union of Oregon. She said her organization encouraged approval and appointment of a Police Commission. She suggested the commission could be more important than an incident review board because it had been determined that the June 1, 1997, incident had involved no violation of police policies. She said she was concerned that a way be developed to build consensus to change police policies. Elaine Green, 803 Sundance Road, said that she supported the current wording of the proposed ordinance because it was within the spirit of the recommendation of the External Review Advisory Committee and met the needs of the Police Department. She reviewed the work of the committee and said that half of concerns it had received had been about the actions of individual officers and half about police policies. She recommended that the ordinance be adopted because it was good community policing and good public policy. Gordie Albi, 550 East 40th Avenue, stated that he supported the remarks of Elaine Green. He said that during his efforts to pass the ballot measure establishing a citizen police review board he had learned that most citizens felt such a process was already in place. He suggested that a Police Commission could create stimulus for broadening police training and that new realities called for a Police Commission and police review. Martin Champion, 1430 Willamette Street #597, stated that it was important for the council to make clear that the proposed Police Commission was different than the citizen police review board presented to voters. He said he believed the need for policy review was clear and that important dialogue needed to take place between police and the community. He said he hoped the commission would provide a place for interpretation of various police policies. Matthew Rutman, 1648 Alder Street #23, stated that he was a student at the University of Oregon and that he supported establishment of the Police Commission. He described his experience of what he described as police harassment. MINUTES--Eugene City Council November 23, 1998 Page 7 7:30 p.m. Jim Lynch, 2350 North Terry Street #26, said that he did not like the idea of a Police Commission and had also been opposed to the citizen police review board because they were not needed. He suggested that the Police Forum was a place for students to be involved. He said he wanted "picking on the Police Department" to stop. He suggested that no resources were being committed to implementing community policing. He said he would like to have more police officers on the street and that he did not want the new Police Chief to feel threatened by political activists. Ellen Klowden, no address provided, stated that she had been appointed to the External Review Advisory Committee by Copwatch. She said she believed a Police Commission could be more important than a citizen police review board since it would be more than a reactive body. She said she had no problem with a student being appointed to the commission and that she believed a majority of its membership should be made up of those affected by police actions. She said she liked the proposal that minority reports be allowed in recommendations of the commission, the proposed membership of a representative from an external review board, and having the Human Rights Commission nominate a member. Jim Hale, 1715 Linnea Avenue, said that he had been keeping track and that a majority of those who had testified at the public hearing were from only a few City Council wards. He said he believed a Police Commission was a good idea but did not like having a member designated by the Human Rights Commission, a student member, a member appointed by the Police Chief, or a person aggrieved by police actions. He said he believed the commission should "look like the whole city" and that the Mayor should appoint three members. He recommended that the commission seek to avoid perpetuating divisions which existed within the city. He said he believed more police were needed. Mayor Torrey determined that there were no other persons wishing to testify and closed the public hearing. Ms. Nathanson requested that councilors be given an opportunity to ask questions and make comments regarding the public hearing. Mayor Torrey approved the request. Ms. Nathanson said that, when consideration of establishing a Police Commission was placed on a council meeting agenda, she had been skeptical that it would be confused with issues related to the citizen police review board ballot measure. She said that the public hearing had not allayed her concern that some would consider the commission was simply a revised version of the review board. She said it pointed to the need for a clear statement of the purpose of the proposed ordinance. She suggested that such a statement could be developed from its Powers and Duties section. Mr. Johnson said that it was not uncommon to have a statement like the one suggested by Ms. Nathanson be part of an ordinance. He said it would be possible to ask a committee to prepare such a statement. Mr. Hill said that the proposed Police Commission was commonly misunderstood in the way identified by Ms. Nathanson and that he supported development of a preamble for the ordinance to clearly identify its purpose. Ms. Nathanson said that she believed a committee to develop a clear purpose statement for the ordinance would need to include representatives of many constituency groups. Mr. Hill MINUTES--Eugene City Council November 23, 1998 Page 8 7:30 p.m. responded that it was normal to identify natural stakeholders to participate in such a process, but that all factions regarding police issues were not easy to involve. In response to an inquiry from Ms. Nathanson, Mr. Johnson said that council action on the proposed ordinance was scheduled for December 7. Mr. Lee said that he supported the suggestion that a University of Oregon student be appointed as a member of the proposed Police Commission because of unique concerns that existed regarding the relationship of students and police. Mr. Meisner said that he shared the concern of Ms. Nathanson regarding a lack of clear statement of purpose in the proposed ordinance. He said he wanted to have its purpose clear before establishing the commission. He said he was not opposed to assigning seats on the commission to specific groups, but that its establishing its purpose was more important. He said he was concerned that there were some who testified who viewed the commission as a quasi- review board. Mr. Tollenaar said that many good ideas had been mentioned by City Councilors and those who testified at the public hearing. He said he was especially impressed with the suggestion to more expressly recognize specific groups through participation on the commission. He said he did not believe it would be possible to identify all of the groups who deserved representation. He said he would like to see the ordinance provide guidance to the mayor for appointments to the commission. Mr. Johnson pointed out that section 2.368(2) of the proposed ordinance provided the kind of guidance suggested by Mr. Tollenaar. Ms. Swanson Gribskov said she believed testimony received in the public hearing was very helpful. She said testimony provided by University of Oregon students was especially appropriate and raised issues she had not previously considered. She also said she hoped the council would be able to make a decision regarding the ordinance before the end of December. She proposed that a preamble/purpose statement be prepared based on the contents of the ordinance and that the council vote on enacting it at the meeting to which it was assigned. Mr. Laue said that he believed the proposed Police Commission was another step toward implementing community policing. He said it was a way to increase communications between citizens and police and was over due. He said he also hoped the council could vote on the ordinance before the end of December. Mr. Laue said that testimony suggesting there was no support for implementing community policing was not accurate. Ms. Taylor said that she was impressed with testimony which supported establishing a Police Commission. She said she agreed with the suggestion that each councilor appoint one member of the commission and that neither councilors or members of the Planning Commission be appointed as members because there was too much "doubling up" of a limited number of persons serving on too many boards and committees. Ms. Taylor said that she was pleased with suggestions made by university students. MINUTES--Eugene City Council November 23, 1998 Page 9 7:30 p.m. 5. PUBLIC HEARING: ORDINANCE ADOPTING 1999 HAZARDOUS SUBSTANCE TRACKING INSTRUCTIONS Eugene Toxics Board Staff Glen Potter stated that the proposed ordinance provided the authority of local law to the set of instructions entitled "1999 Hazardous Substance Reporting Forms and Instructions." He said such action was appropriate because there were a limited number of instructions which were not direct reflections of language in the Toxics Right To Know Charter Amendment. He reminded councilors that similar action had taken place in April for the 1998 forms and instructions. He reviewed notable differences between 1999 instructions and those issued for 1998. Mayor Torrey determined that councilors had no questions of staff and opened the public hearing. Ellen Klowden, no address provided, stated that she had not read the document or ordinance under consideration, but that she supported it because it was intended to make people feel safe and would protect the environment. Mayor Torrey determined that there were no other persons wishing to testify and closed the public hearing. 6. PUBLIC HEARING: ORDINANCE ON APPOINTMENT OF ASSOCIATE JUDGE Municipal Court Administrator Marilyn Nelson said the proposed ordinance revised the Eugene Code, as follows: · References to an associate municipal judge are deleted, allowing administrative appointment of such persons and overcoming issues related to long-time vacancies and lack of experienced assistant judges. · The process for providing notice for the removal of the presiding judge would be extended from 10-days to 30-days and provides that the council may require immediate cessation of the judge's services during the process. Mayor Torrey determined councilors had no questions regarding the proposed ordinance and opened the public hearing. Mayor Torrey determined that there was no one present wishing to testify regarding the proposed ordinance and closed the public hearing. The meeting adjourned at 9:25 p.m. MINUTES--Eugene City Council November 23, 1998 Page 10 7:30 p.m. Respectfully submitted, James R. Johnson City Manager (Recorded by Dan Lindstrom) MINUTES--Eugene City Council November 23, 1998 Page 11 7:30 p.m.