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HomeMy WebLinkAboutCCMinutes - 01/12/04 Mtg MINUTES Eugene City Council Regular Meeting Council Chamber--City Hall January 12, 2004 7:30 p.m. COUNCILORS PRESENT: Gary Papd, Nancy Nathanson, David Kelly, Betty Taylor, Bonny Bettman, George Poling, Jennifer Solomon. COUNCILORS ABSENT: Scott Meisner. Mayor James D. Torrey called the meeting of the Eugene City Council to order. 1. CEREMONIAL MATTERS · Bureau of Land Management Proclamation Mayor Torrey stated that although the City of Eugene had received a great deal of recognition for the West Eugene Wetlands Project (WEWP), the Bureau of Land Management (BLM) had not received appropriate recognition as a panner to the City for this project. He read a proclamation citing the community appreciation and gratitude for BLM's work. Council President Pap6 presented the framed proclamation to Julia Dougan, who accepted it on behalf of the BLM. Ms. Dougan thanked the City for the special tribute. She commended the City of Eugene for its conserva- tion efforts, stating that the most effective conservation programs were conceived and carried out at the local level. She stressed that the common goal of the project was to balance conservation and development. She remarked that she had never worked with City staff who were so professional and creative prior to working with Eugene staff members. · Joint Award from Employer Support of the Guard and Reserve and Department of Defense for Supporting Employee Participation in the Oregon National Guard Bob Noble, manager of the Eugene Airport, noted that Mike McNatt, a member of the Army National Guard and an employee of the airport, was recently called into military service and was now stationed in Fort Hood, Texas, on his way to Iraq. Mr. Noble commended Mr. McNatt for his work, adding that he hoped for his expedient return. Mr. Noble related that Mr. McNatt had written a letter to his superiors expressing his appreciation for the support he received from Airport staff with regard to supporting his service and the logistics around his MINUTES--Eugene City Council January 12, 2004 Page 1 Regular Meeting departure. He introduced Major Brand of the Eugene/Cottage Grove area, Lieutenant Sheryl Paradis, and Bob Eliot, executive director of the ESGR. Major Brand thanked Mr. Noble for the support that the National Guard received from the airport for the mobilization of the 2nd 0162 that had flown out of the airport and the demobilization of the 641st which had landed its Blackhawks and ~unwrapped their aircraft and flew out of there." Major Brand stated that Mike Koontz and Steve Bell were receiving awards. Mayor Torrey asked Council Vice President Nathanson to present the awards. · Award from the Federal Bureau of Investigation to the Human Rights Commission Special Agent Bob Jordan spoke on behalf of the Director of the Federal Bureau of Investigation (FBI) who granted an award for community leadership to the City of Eugene Human Rights Commission (HRC). He related that national leaders of the Muslim and Arab communities had appealed to the Department of Justice and the FBI to intercede on their behalf to ensure that no hate crimes were committed against people in the aftermath of the tragedy of September 11,2001. He commended the Eugene HRC for its excellent leadership in that role. He read aloud the words on the plaque that was presented. Councilor Kelly accepted the award on behalf of the HRC. He called it a privilege and pleasure to serve as the council representative on the commission. He presented the award to Human Rights Program Manager Greg Rikhoff. 2. PUBLIC FORUM Mayor Torrey called for a motion to extend the time for the Public forum due to the number of people who had signed up to speak. Councilor Pap~, seconded by Councilor Nathanson, moved to limit comments to two minutes and to extend the time scheduled for the Public Forum to 40 minutes. Roll call vote; the motion passed unanimously, 7:0. Bruce Miller, PO Box 50968, felt that Mayor Torrey or Neil Goldschmidt should be recruited to be Dean of the School of Business at the University of Oregon. He opined it was no longer the top business school in the state. He added that he had been dismayed that the University of Oregon had not closed during the recent ice storm. Ann Jensen, 1642 North Danebo Avenue, spoke about the Lane County Animal Regulation Authority (LCARA) Task Force report. She opposed the ~limit laws." She opined that the task force recommenda- tion called for extensive and expensive ways of increasing licensing. She related that the Eugene Kennel Club had surveyed people with multiple cats and dogs in their households and, of those people, 75 percent had not purchased licenses. She alleged that people were unwilling to obtain a license if it meant self- incrimination. She said the American Kennel Club (AKC) printed a pamphlet on limit laws in which it had called such restrictions unconstitutional and presented the survey and pamphlet to the council. MINUTES--Eugene City Council January 12, 2004 Page 2 Regular Meeting In closing, Ms. Jensen expressed the willingness of the Eugene Kennel Club to aid in the crafting and establishment of nuisance regulations. Michael Carrigan, 1430 West 4th Avenue, expressed concern about the right to assemble as specified in Ordinance 20303. He felt the language in the ordinance that required a permit for a gathering of 25 or more people would hinder citizens' First Amendment right to assemble. He objected to obtaining a permit. He felt that, should there be concerns regarding scheduling of two events at the same place, a reservation system could resolve these concerns. He advocated for creating such a system with no payment, no signature, no insurance requirement and suggested that the City would be held harmless for injuries or other damages. Karl Sorg, 1555 West 18th Avenue, said he had moved to Eugene from Washington, DC, in 1992 upon retirement from a 45-year career in law and that his specialty had been civil rights. He noted that he had taught constitutional law for eight years at the University of Northern Illinois. He opposed the language in Ordinance 20303 that required obtaining a permit for a gathering of 25 or more people in the downtown area. He called the language ~unconstitutional." Eric Gross, 1544 Alder Street, # 51, asserted the language that requires a permit for a gathering of 25 or more people in Ordinance 20303 violated First Amendment rights. He lauded the rights of citizens of the United States to assemble freely and to petition the government for redress of grievances as one of the things that ~makes this country great." He alleged that the permits cost money and some people may not be able to afford it. He felt that a ~government bureaucrat" could exercise discretionary privileges in granting such a permit. He advocated for removal of the permit requirement from the ordinance. Mason Goch~, 411 Knoop Lane, explained that he was a new voter. He felt voters would respond to the requirement for a permit in Ordinance 20303 by voting out those who approved of it. Al Phillips, PO Box 2146, provided the City Council with copies of the minority report from the LCARA Task Force, written by Dr. Sandra Smalley. He also provided a packet of information written by Dr. Eugene Skoals, former Dean of the School of Law, which had also been distributed to the Lane Board of County Commissioners. He said Dr. Skoals' paper pointed out ~all of the fallacies, the potential legal problems, and the unconstitutional problems" in the report from the task force. He alleged that Sheriff Clemens had expressed reservations about the ordinance because it allegedly would arm animal control officers, and give them the right of search and seizure without a warrant. Gordie Albi, 1696 Adkins Street, #2, spoke about the constitutionality of the requirement for a permit for a gathering of 25 or more people ensconced in the language of Ordinance 20303. She opposed the requirement, alleging that it would %ompromise" the constitution. She related that she had lived in countries that were war zones. She felt the City government should trust citizens and should not deny the right to speak or assemble. Saskia Wittson, 2682 Madison Street, said she was 14 years old. She read the First Amendment of the Constitution of the United States aloud. David Hanson, 2738 Kismet Way, advocated for the establishment of local housing standards to ensure accessibility to the Oregon Landlord/Tenant Act. He said the act provided basic guidelines for acceptable MINUTES--Eugene City Council January 12, 2004 Page 3 Regular Meeting livability. He related that the City of Eugene had disbanded the local housing standards in 1983. Since that time, the issue of reestablishing such standards had arisen but to no avail. He asserted that people were living in unacceptable conditions with faulty plumbing, nonexistent weatherization, and dangerous wiring. He emphasized that these conditions needed to be addressed. John Saemann, 1775 Adkins Street, agreed that the downtown area needed to be a safe place for the public. He felt the requirement for a permit for a gathering of 25 or more people included in Ordinance 20303, while well-intentioned, would not prevent "undesirable" persons from harassing people. He opined that the expansion of the existing "exclusionary zone" to most of the downtown area could be misused by local authorities to stifle legal protests and spontaneous gatherings. He added that the office that issued the permits was not open seven days a week. He urged repeal of this ordinance language. David Duemler, 820 East 36th Avenue, stated that he visited the Soviet Union years ago and witnessed what it was like for people to live without certain basic freedoms. He commented that democracy was not an "absolute" and that the country could either more closely approach democratic ideals or it could fall further away. He opined that it was important to maintain high standards for freedom of speech and freedom of assembly, and important that nothing be done to place an undue burden on these freedoms. He thought there could be a range of reasons that 25 or more people could gather and, in certain cases, obtaining a permit was just not feasible. Dawn Peebles, 2715 Jefferson Street, expressed outrage at the section of Ordinance 20303 that would require a permit for a gathering of 25 or more people. She felt it would give the power to grant a permit to a not-for-profit coalition of downtown merchants and this was in violation of First Amendment rights. She thought the council had been well-intentioned when passing the ordinance, but felt it should be reviewed to ensure the people had the rights they were granted under the Constitution. Lorraine Still, 83076 North Bradford Road, Creswell, stated that she had appeared before the Lane County Board of Commissioners in June. She related that the LCARA Task Force held unadvertised meetings. She asserted that this was in violation of the public meetings law. She requested that the outcome of the report be thrown out as a result of this alleged violation. Robert Still, 83076 North Bradford Road, Creswell, said that he and his wife helped start the Eugene Kennel Club in 1948. He noted that he had provided packets of information for the council. He asked that they read the attached disposition of dogs taken to LCARA. He felt the council should ask why more kennel runs were needed when, allegedly, adoptions were going up and the number of impounded and euthanized dogs were going down. He maintained that the number of dogs that were reported to be euthanized was inflated. He advocated for repealing the law that limited animals and getting rid of the differential in licensing costs for intact animals and animals that were spayed or neutered. Flo Brewer, PO Box 186, Junction City, opined that "66 new codes" were a lot of changes. She explained that she and three others had conducted a private audit of the LCARA budget. She alleged that LCARA purchased four computers per year in the last three years. She maintained that money was carried over to the new year's budget. She felt this was in contrast with the claim that money was '~tight." She stated that during the Eugene 2002 budget review, there were requests for financial records from LCARA that, to her knowledge, had not been provided. She strongly recommended that these records be obtained and an independent audit be conducted. MINUTES--Eugene City Council January 12, 2004 Page 4 Regular Meeting Carla Newbre, 544 West 16th Avenue, advocated for repeal of the section in Ordinance 20303 that required a permit for a gathering of 25 or more people. She noted that, while permit laws were deemed constitutional, it did not mean that they were "good law." She related that her ex-partner had, in the past, served 90 days in prison for participating in a gathering in the National Forest. She noted that, when sentencing him, the judge had thanked him for his service in the Vietnam war. She stated that she had never operated under a permit when conducting peaceful activities in the downtown area. She expressed hope that she would never be arrested for doing so. Mayor Torrey closed the Public Forum and called for comments from the council. Councilor Kelly thanked everyone for taking the time to speak up. He noted, regarding the gentleman who spoke in support of housing standards, that such standards had been the top priority recommendation by the City of Eugene-University of Oregon Joint Task Force on the West University Neighborhood. Councilor Kelly commented that he opposed the portion of Ordinance 20303 that required a permit for gatherings of 25 or more people. He felt it should be revised to distinguish between a commercial activity and a noncommercial activity. He opined that a phone reservation system, as suggested by one speaker during the Public Forum, was an interesting mechanism to provide some of the stated goals of the procedure without actually requiring the permit. Councilor Kelly expressed appreciation for the young gentleman who spoke about voting. He urged all people to exercise their right to vote, noting that the precinct in his ward with the greatest population of University students was the precinct with the lowest voter turnout. Councilor Pap6 called it heartening to see so many people coming out at the first meeting of the year and exercising their democratic right to speak before the elected officials. Councilor Pap6 pointed out that the new Chief of Police, Bob Lehner, was present in the Council Chamber and welcomed him to Eugene. He noted that Chief Lehner would be looking at the language of Ordinance 20303 and making a recommendation to the council. Councilor Pap6 thanked those who testified about the report from the LCARA Task Force. He requested the City Attorney contact the County Attorney to determine if allegations that the meetings of the task force had violated the Public Meetings Law had any merit. Councilor Bettman thanked those who testified for coming out and speaking. She echoed the comments of Councilors Pap6 and Kelly. She commended the Human Rights Commission staff for its excellent and creative work. She was glad that the FBI recognized the contributions of the HRC to the community. Councilor Bettman clarified, for those who testified in regard to Ordinance 20303, that the item regarding gatherings was only one provision in a larger ordinance. She advocated for consistent application of the permit requirement, adding that the provision needed to be consistent with the constitution as well. She thanked the American Civil Liberties Union (ACLU), the Chief of Police, and the City Manager for making it a high priority. She noted that the language had been under review since before the holidays. She agreed with Mr. Duemler that democracy was not a solid state and required constant vigilance. MINUTES--Eugene City Council January 12, 2004 Page 5 Regular Meeting Councilor Taylor regretted the two-minute limit on public testimony in the Public Forum portion of the meeting. She objected to changing the time limit when people testifying had prepared three minutes. Councilor Taylor commented that she was glad to see "young people" getting involved in housing standards. Continuing, Councilor Taylor reiterated her contention that the entire downtown ordinance should be repealed. She stated that behavior that was inappropriate in the downtown area should be deemed inappropriate in all areas of the City. Councilor Taylor said she looked forward to reading the minority report from the LCARA Task Force. 3. ACTION: Election of City Council Officers for 2004 Councilor Pap~ moved to elect Councilor Nathanson President of the City Council for 2004. Councilor Nathanson respectfully declined. Councilor Poling, seconded by Councilor Taylor, moved to elect Councilor Bettman President of the City Council for 2004. Roll call vote; the motion carried unani- mously, 7:0. Councilor Bettman thanked her colleagues for their vote. Councilor Bettman, seconded by Councilor Pap~, moved to elect Councilor Poling Vice President of the City Council for 2004. Councilor Kelly related that Councilor Meisner had voiced his support for these nominations. Roll call vote; the motion carried unanimously, 7:0. 4. CONSENT CALENDAR A. Approval of City Council Minutes - November 19, 2003, Work Session - November 24, 2003, Work Session - November 24, 2003, City Council Meeting - December 1, 2003, Work Session - December 1, 2003, City Council Meeting B. Approval of Tentative Working Agenda C. Adoption of Resolution 4782 Amending Resolution 4692 in Order to Authorize Eugene Water and Electric Board to Utilize a Line of Credit as One of the Forms of Indebtedness Authorized by Resolution 4692 MINUTES--Eugene City Council January 12, 2004 Page 6 Regular Meeting D. Approval of Additional Funding for West University Neighborhood Lighting E. Approval of West University Neighborhood Alley Improvements F. Adoption of Resolution 4783 Acknowledging Receipt of the City of Eugene, Oregon, Com- prehensive Annual Financial Report for the Fiscal Year Ended June 30, 2003 Councilor Bettman, seconded by Councilor Poling, moved to approve the items on the Consent Calendar. Councilor Bettman stated that she had submitted corrections to the minutes electronically. Mayor Torrey deemed them corrected, as there had been no objections. Councilor Bettman pulled Item E. Councilor Kelly said he had submitted a correction to the minutes via e-mail. Mayor Torrey stated that, without objections, the correction was approved. Councilor Pap~ pulled Item C. Roll call vote; the motion to approve the Consent Calendar, with the exceptions of items E and C, passed by unanimous vote, 7:0. Councilor Bettman asked staff if West University Neighborhood alley improvements would preclude the opportunity to pursue 100 percent assessment or another strategy aside from the block grant monies. Mark Schoening, City Engineer, responded that the block grant would not preclude assessment strategies. Councilor Taylor registered her opposition to mandatory assessments on residents for improvements that may or may not be of benefit to them. She asked staff to estimate the range of cost for the individual property owner. Mr. Schoening replied that the project was slated to cost $1.6 million in its entirety and the estimated assessments were between $2,000 and $4,000. Councilor Taylor opined that unless a neighborhood was in complete agreement on a petition for improvements, she could not support assessing the residents. Councilor Kelly noted that this item would be before the council several more times. He stressed that the item under consideration was merely to initiate the design process. He stated that staff was going to conduct thorough public outreach and residents would certainly have abundant opportunity to provide input. He commented that he would be attentive to the few single-family homes with owners in residence that were left in the neighborhood so that it would not create an undue burden on them. Roll call vote; the motion to approve Item E passed, 6:1; Councilor Taylor voting in opposition. Councilor Pap~ commented that he was concerned with the relationship between the City and the Eugene Water & Electric Board (EWEB). He felt that when perfunctorily granting them the authority to take on $30 million in debt, more background information was in order. He stated that he would not vote against Item C at this time. MINUTES--Eugene City Council January 12, 2004 Page 7 Regular Meeting Roll call vote; the motion to pass Item C passed unanimously, 7:0. Mayor Torrey adjourned the meeting of the City Council at 8:30 p.m. Mayor Torrey convened the meeting of the Eugene Urban Renewal Agency. 5. ACTION: Resolution Acknowledging Receipt of the Annual Financial Report of the Urban Renewal Agency of the City of Eugene, Oregon, for the Fiscal Year Ended June 30, 2003 Councilor Bettman, seconded by Councilor Poling, moved to adopt Resolution 1028 acknowledging receipt of the annual Financial Report of the Urban Renewal Agency of the City of Eugene, Oregon, for the fiscal year ended June 30, 2003. Roll call vote; the motion carried unanimously, 7:0. Mayor Torrey adjourned the meeting of the Eugene Urban Renewal Agency at 8:34 p.m. Mayor Torrey reconvened the meeting of the City Council. 6. PUBLIC HEARING: An Ordinance Concerning the Citizens Involvement Committee and Amending Sections 2.013 and 2.350 of the Eugene Code, 1971 Mr. Taylor explained that this item sought to implement council direction from previous meetings. Mayor Torrey opened the public hearing. Christine Donahue, 23 West 35th Avenue, explained that she was the current and final chair of the Citizens Involvement Committee (CIC). She conveyed her regret that the committee had been disbanded. She lauded the involvement of some of ~Eugene's finest citizens." She cited the public library as one %utstanding example" of the citizen involvement process. Ms. Donahue stated that, with the demise of the CIC and the transfer of its responsibilities to the Planning Commission on land use issues, she would urge the City Council to continue and increase its support to the City's neighborhood services program and the recognized neighborhood organizations ~where anyone can become involved in local decisions." Kevin Matthews, PO 1588, questioned the wisdom of disbanding the CIC. He likened it to trying to build a building without an architect or trying to put out a fire without firefighters. He thought the council was trying to manage citizen involvement without citizens. He alleged that the City Council chose not to appoint certain people to committees and commissions, thought they were qualified. He questioned their reasoning. He remarked that he did not think the CIC was disbanded because he had been appointed to it, but said he would be willing to resign if it would make a difference. Councilor Bettman thanked Ms. Donahue for decades of dedication to neighborhood organizations, the City, and the CIC. She felt that Mr. Matthews asked a good question when he inquired as to why the City MINUTES--Eugene City Council January 12, 2004 Page 8 Regular Meeting was dismantling the CIC. She reiterated that the committee had been %tarred to death." She said she would move to re-fund the CIC but it would fail. She opined that citizen involvement had deteriorated without the work of the committee. Councilor Kelly concurred with Councilor Bettman. He stated that, when adequately funded, a CIC would provide a focal place to plan good citizen involvement. He felt the committee had provided good guidance for policy making. He opined that this saved time in the long run, as either issues were worked out at the ~front end" or battled over at the %ack end," that better citizen involvement helped things pass success- fully. Councilor Taylor said the City should do everything it could do to foster citizen involvement. She called the disbanding of the committee %hameful." She felt that it was better to under-fund the CIC than it was to not have it at all. She hoped the CIC could be reinstated. Councilor Pap~ reiterated that the function of the CIC had not been eliminated, but rather had been placed in the hands of the Planning Commission. He stressed that the budgetary process had been difficult and, regretfully, the funding for the CIC had been decreased to the point where it could no longer be maintained. Councilor Kelly clarified that the responsibilities the Planning Commission were assuming were strictly those related to citizen involvement in land use planning. Councilor Solomon stated that there were a multitude of ways individual citizens could be involved in a variety of City issues. She noted that she had entered City government through an appointment to the Budget Committee. Mayor Torrey closed the public hearing. The meeting adjourned at 8:46 p.m. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Ruth Atcherson) M: 120041Central Services DepartmentlCity Councillcc040112m2. wpd MINUTES--Eugene City Council January 12, 2004 Page 9 Regular Meeting