Boise Neighborhood Association meetings:
BNA meetings are held every second MONDAY of the month, 7pm, at the Albina Youth Opportunity School (3710 N. Mississippi Avenue).
Everyone is welcome to attend.
Friday, June 15, 2007
Rachel Elizabeth's appeal
Here's is Rachel Elizabeth's appeal:
May 24, 2007
Case File Number: LU 07-118313 HDZ
Related Case File Number: LU 06-145409 HDZM
I am appealing this Type II proposal based on four separate criteria.
Three of the criteria that this proposed building does not meet are from the Community Design Guidelines (E) Pedestrian Emphasis which states that Portland is a city for people as well as cars and other movement systems and (D) Project Design, which assures that each development is sensitive to both Portland's urban design framework and the users of the city.
The fourth criteria might be considered a procedural error based on flawed historical analysis. The "error" I am referring to is taken from the Albina Community Plan. This is now the second time that this identical statement has been (mis)quoted in the analysis section of a type II proposal in my neighborhood and is historically "incorrect."
The statement in question is taken from the Historic Design Zone/Neighborhood Conservation District Background in Appendix F of the Community Design Guidelines and states that: "three and four story brick commercial structures that once lined the streets have almost all been demolished."
A trip to the records section of the bureau of buildings will confirm that there were never four story buildings in the Mississippi Avenue Conservation District and until the Betty Campbell building was erected in the 1990's there were no three story buildings either.
I believe it is critical is to acknowledge and correct this "historical error". The fact is that three and four story buildings on N. Mississippi Avenue both within and outside of the Conservation District are "new" to the street. The framework for thinking about the design and placement of these larger buildings shouldn't be to "copy" the old style streetcar-era buildings and houses but to successfully "blend in" and honestly acknowledge the differences in mass, scale, volume, and materials of the old and the new.
In the next section of my appeal I am going to reference the following three criteria that do not meet the Community Design Guidelines:
E1: Pedestrian Networks. Create an efficient, pleasant, and safe network of sidewalks and paths for pedestrians that link destination points and nearby residential areas while visually and physically buffering pedestrians from vehicle areas.
E2: Stopping Places. New large-scale projects should provide comfortable places along pedestrian circulation routes where people may stop, visit, meet, and rest.
D7: Blending into the Neighborhood. Reduce the impact of new development on established neighborhoods by incorporating elements of nearby, quality buildings such as building details, massing, proportions, and materials.
E2: Stopping Places.
Exhibits E-U are photographs of every Stopping Place along N. Mississippi Avenue from N. Fremont to North of Shaver near the proposed building site.
E- ReBuilding Center 3625 N. Mississippi Ave.
F- Por Que Non? 3524 N. Mississippi Ave.
G- Mississippi Pizza Pub 3550-3548 N. Mississippi Ave.
H- Muddy's Coffee House 3560 N. Mississippi Ave.
I- Amnesia 832 N. Beech St.
J- Mississippi Commons 3705-3807 N. Mississippi Ave.
K- Mississippi Station 3943 N. Mississippi Ave.
K1- Mississippi Station Lot
L- Lupa 3955 N. Mississippi Ave.
M- Gravy 3957 N. Mississippi Ave.
N- Pasta Bangs 3950 N. Mississippi Ave.
O- Video Verite 3956 N. Mississippi Ave.
P- Porch Light 3972 N. Mississippi Ave.
Q- Equinox 830 N. Shaver St.
R- Sameunderneath 915 N. Shaver
S- Fresh Pot 4001 N. Mississippi Ave. (Shaver St. View)
S1- Fresh Pot
T- Mississippi Records 4007 N. Mississippi Ave.
U- Moxie Rx Lot 13 Block 14, Multnomah
As you can see from the photographs many businesses/buildings provide stopping and resting places. You can also see a direct correlation between the scale of the building and the size of the stopping place from a humble bench in front of many of the smaller shops to the expansive courtyard of the Mississippi Commons.
The placement of the proposed large-scale new four-story building at the lot line does not meet the E2 Criteria. The E1 Criteria is not met either because without the 2' dedication for the right of way there is no "efficient, pleasant, and safe network of sidewalks".
D7: Blending into the Neighborhood.
If you take a look at exhibit V, the Betty Campbell Building located at 3983 N. Mississippi Ave., you can see that this 3 story building sits at the lot line and it also fails to meet the D7, E1, and E2 Community Guidelines.
Having lived across the street from the Betty Campbell Building for over 10 years I have observed how this building is a social and architectural failure. The people living in the apartments on the second and third floor of the building have no opportunity or space to meet, greet, rest, or interact with their neighbors at the street level.
The remedy for this form of socio/architectural failure is to not repeat a pattern like this that is clearly not working and that is the result of a series of "errors."
Unless more space is dedicated to pedestrians along the Mississippi Ave. "Pedestrian Network" this building will not meet the D7, E1, or E2 Community Design Guidelines.
As beautiful as the "healing garden" has the potential to be, it is located in the back of the building site on private property. The "plaza" is also located on private property and cannot be construed as a replacement for a street frontage plan that "should provide comfortable places along pedestrian circulation routes where people may stop, visit, meet, and rest."
May 24, 2007
Case File Number: LU 07-118313 HDZ
Related Case File Number: LU 06-145409 HDZM
I am appealing this Type II proposal based on four separate criteria.
Three of the criteria that this proposed building does not meet are from the Community Design Guidelines (E) Pedestrian Emphasis which states that Portland is a city for people as well as cars and other movement systems and (D) Project Design, which assures that each development is sensitive to both Portland's urban design framework and the users of the city.
The fourth criteria might be considered a procedural error based on flawed historical analysis. The "error" I am referring to is taken from the Albina Community Plan. This is now the second time that this identical statement has been (mis)quoted in the analysis section of a type II proposal in my neighborhood and is historically "incorrect."
The statement in question is taken from the Historic Design Zone/Neighborhood Conservation District Background in Appendix F of the Community Design Guidelines and states that: "three and four story brick commercial structures that once lined the streets have almost all been demolished."
A trip to the records section of the bureau of buildings will confirm that there were never four story buildings in the Mississippi Avenue Conservation District and until the Betty Campbell building was erected in the 1990's there were no three story buildings either.
I believe it is critical is to acknowledge and correct this "historical error". The fact is that three and four story buildings on N. Mississippi Avenue both within and outside of the Conservation District are "new" to the street. The framework for thinking about the design and placement of these larger buildings shouldn't be to "copy" the old style streetcar-era buildings and houses but to successfully "blend in" and honestly acknowledge the differences in mass, scale, volume, and materials of the old and the new.
In the next section of my appeal I am going to reference the following three criteria that do not meet the Community Design Guidelines:
E1: Pedestrian Networks. Create an efficient, pleasant, and safe network of sidewalks and paths for pedestrians that link destination points and nearby residential areas while visually and physically buffering pedestrians from vehicle areas.
E2: Stopping Places. New large-scale projects should provide comfortable places along pedestrian circulation routes where people may stop, visit, meet, and rest.
D7: Blending into the Neighborhood. Reduce the impact of new development on established neighborhoods by incorporating elements of nearby, quality buildings such as building details, massing, proportions, and materials.
E2: Stopping Places.
Exhibits E-U are photographs of every Stopping Place along N. Mississippi Avenue from N. Fremont to North of Shaver near the proposed building site.
E- ReBuilding Center 3625 N. Mississippi Ave.
F- Por Que Non? 3524 N. Mississippi Ave.
G- Mississippi Pizza Pub 3550-3548 N. Mississippi Ave.
H- Muddy's Coffee House 3560 N. Mississippi Ave.
I- Amnesia 832 N. Beech St.
J- Mississippi Commons 3705-3807 N. Mississippi Ave.
K- Mississippi Station 3943 N. Mississippi Ave.
K1- Mississippi Station Lot
L- Lupa 3955 N. Mississippi Ave.
M- Gravy 3957 N. Mississippi Ave.
N- Pasta Bangs 3950 N. Mississippi Ave.
O- Video Verite 3956 N. Mississippi Ave.
P- Porch Light 3972 N. Mississippi Ave.
Q- Equinox 830 N. Shaver St.
R- Sameunderneath 915 N. Shaver
S- Fresh Pot 4001 N. Mississippi Ave. (Shaver St. View)
S1- Fresh Pot
T- Mississippi Records 4007 N. Mississippi Ave.
U- Moxie Rx Lot 13 Block 14, Multnomah
As you can see from the photographs many businesses/buildings provide stopping and resting places. You can also see a direct correlation between the scale of the building and the size of the stopping place from a humble bench in front of many of the smaller shops to the expansive courtyard of the Mississippi Commons.
The placement of the proposed large-scale new four-story building at the lot line does not meet the E2 Criteria. The E1 Criteria is not met either because without the 2' dedication for the right of way there is no "efficient, pleasant, and safe network of sidewalks".
D7: Blending into the Neighborhood.
If you take a look at exhibit V, the Betty Campbell Building located at 3983 N. Mississippi Ave., you can see that this 3 story building sits at the lot line and it also fails to meet the D7, E1, and E2 Community Guidelines.
Having lived across the street from the Betty Campbell Building for over 10 years I have observed how this building is a social and architectural failure. The people living in the apartments on the second and third floor of the building have no opportunity or space to meet, greet, rest, or interact with their neighbors at the street level.
The remedy for this form of socio/architectural failure is to not repeat a pattern like this that is clearly not working and that is the result of a series of "errors."
Unless more space is dedicated to pedestrians along the Mississippi Ave. "Pedestrian Network" this building will not meet the D7, E1, or E2 Community Design Guidelines.
As beautiful as the "healing garden" has the potential to be, it is located in the back of the building site on private property. The "plaza" is also located on private property and cannot be construed as a replacement for a street frontage plan that "should provide comfortable places along pedestrian circulation routes where people may stop, visit, meet, and rest."
Boise neighborhood still being MALed
Boise neighborhood still being MALed
Or, how the squirrelly, divisive right of way issue (brought about by the Mississippi Lofts) has morphed into the now contentious,scandalous street scape issue(brought about by Sam Adams). And, how we are fighting to keep Mississippi Ave safe and livable.
reprinted from portlandindymedia.org
author: lupin
e-mail: lupin@theruffhouse.biz
How has the streetscape plan come to arrive on Mississippi and how does it relate to Rachel Elizabeth's appeal of The City Garden development scheduled June 25th before the Historic Landmark Commission?
Let's start at the very beginning. Mississippi Ave is in a Pedestrian District. This means that new developments must provide a 12 foot sidewalk. There are two ways that this is achieved, the builders either step their building back 2 feet or the street may be narrowed. In either case, the Developers provide (pay) for the modifications to the right of way. It is more common for new developments to step back their building. This is what PDOT told The Mississippi Ave Lofts (MAL) they must do when they were going through review. But, they did not want to do that so they arranged to talk with a PDOT supervisor. They met with Kurt Krueger and the outcome was that the street would be narrowed instead.
The news that the city was going to narrow the street was conveyed to residents and business owners. Many residents tried to appeal this through written and oral testimony during the MAL appeal before the Historic Landmark Commission (Gloria Morgan, appellant). During the hearing the commission asks PDOT to explain this controversial decision. Kurt Krueger explained that MAL had "presented a pretty tough case... " that, "the applicants were working on a very significant project that warranted maximizing the area and the two feet was rather costly for them to use... " "Mississippi was 40 feet which is far in excess of what we would construct as a new street width today... " And "so here's an opportunity to do a couple different things". He goes on to say that it would be in keeping with the historic buildings on Mississippi, which build to the sidewalk and furthermore it would slow down traffic. One commissioner pointed out that this was a different stance from the one they took with the Brewery Blocks in which the developers, in a historic area featuring buildings built to sidewalk, were forced to step back to accommodate a 12 foot sidewalk. The commission asks Kurt Krueger to make himself available to the neighbors on this issue. He agrees to do so.
None of us hear from Kurt Krueger but we do get wind that he asks MAL to dedicate 2 feet thereby not narrowing the street. We also hear that MAL threatens to sue the city. (We have requested all public records between PDOT, The City Attorney and MAL regarding this but, 3 weeks later, have still not received them).
Meanwhile, other pending developments, to include The City Garden (the Kurisu's project) had expected to receive the same treatment by PDOT that MAL had gotten. They were very upset to hear that PDOT was requiring all other new developments to dedicate/step back 2 feet.
The BDS(Building and Development Services) denies The City Gardens (the Kurisu's) an approval. The City Garden appeals this decision and a hearing date is set before the Historic Landmark Commission. During the course of the hearing Kurt Krueger of PDOT would once again address the commission on the squirrelly right a way issue and his insistence that The City Garden dedicate 2 feet. He explains that allowing MAL to not dedicate 2 feet and instead narrow the street was an error that, "if he could turn back the hands of time he would not have done."
At a Boise Neighborhood Association(BNA) special land use meeting held February 10, 2007 to discuss right of way issues brought about by MAL. Kurt Krueger tells us that he is now insisting that all new developments dedicate 2 feet for a 12-foot sidewalk. In the last remaining minutes of the meeting Kurt Krueger, under pressure from a resident, reveals that he had granted an exception to MAL and they were going to narrow the street instead of requiring the set back. The City Attorney, he tells us, had advised him to allow this exception. But he reassured us that all other new developments would dedicate 2 feet (step back 2 feet).
The natives were very, very unhappy with this new information gleaned at the special land use meeting and set about to right this wrong. Rachel Elizabeth wrote to the Mayor and city council members and got on the agenda for the Feb. 21st, 2007 city council meeting and presented a 3-minute communication in which she asks the city to require MAL to dedicate 2 feet instead of narrowing Mississippi. When she finished, Sam Adams approached Rachel and got her contact information. And then we waited, and waited, and waited some more.
On March 9, 2007 the BNA received a mandate from Sam Adams in which he states that within the Mississippi Ave Conservation District, all new developments would be required to build to the lot line. He said that the Historic Landmarks Commission and the city attorney recommended this mandate. He went on to say that we could have a streetscape project if we wanted, but we would have to have an "adequate consensus"(business and residents) and that we must narrow Mississippi Ave. And to think that we thought we'd get some help from Sam...
The City Garden project, which had already gone through process and been given the thumbs up, receives word that they must, per Sam's mandate, build out to the lot line instead of dedicating the 2 feet (as required by PDOT see above). We hear the Kurisu's are not pleased, as they would really like to just get on with it and avoid controversy. This change requires opening the review process again and asking for a city required amendment (to step back). After receiving notice from BDS that an amendment for the Kirusu project was approved, we filed our complaints that criteria set forth by Community Design Guidelines would not be met. Justin Dollard-Fallon (BDS planner) approves amendment and Rachel Elizabeth appeals. She has a hearing before the Historic Landmark Commission on June.
This admitted error the city committed with the MAL has created a snowball effect that has left our community polarized, distrustful, and confused. The result, the Sam Adams mandate and streetscape project, which seems to be a ruse to narrow the street come hell or high water has further inflamed the tension between the business community and the residents and threatens to further polarize us. Lately though I've been hoping that this latest upset for our community might actually serve to bring us closer. It seems that most of us, both businesses and residents like our street just the way it is. Thank you very much. We also seem to agree that there are problems with our street and sidewalks as they stand now and these will only worsen with the huge influx of people projected to move on to the street in the next few years. As Sam Adams told Rachel Elizabeth and me during a recent meeting, there are areas like ours all over town fighting the same battles because they are improperly zoned to accommodate the high density allowable. The infrastructure is not capable of supporting the influx. That's what we are facing here. This improper zoning problem, coupled with developers unwilling to give back to the community and instead maximizing their profits, is tearing communities apart.
Many of us would like the speed reduced on Mississippi, crosswalks installed, and curb extensions built. I think the developers and the city need to do everything possible to help us build a safe and livable community. These kinds of safety and traffic issues must be addressed now before the projected huge influx of new residents move onto our beloved street. I think we will be closer to achieving these goals if the developers of large-scale developments step back and the city steps up. Rachel Elizabeth will be asking precisely this at the hearing of her appeal of The City Garden before the Historic Landmark Commission. Hearing is scheduled for Monday June 25th 1:30 at 1900 sw fourth room 2500a.
For more information on how you can help Rachel Elizabeth's appeal and our community please contact: r.elizabeth@comcast.net
or call Lupin at (971) 409-9867
Or, how the squirrelly, divisive right of way issue (brought about by the Mississippi Lofts) has morphed into the now contentious,scandalous street scape issue(brought about by Sam Adams). And, how we are fighting to keep Mississippi Ave safe and livable.
reprinted from portlandindymedia.org
author: lupin
e-mail: lupin@theruffhouse.biz
How has the streetscape plan come to arrive on Mississippi and how does it relate to Rachel Elizabeth's appeal of The City Garden development scheduled June 25th before the Historic Landmark Commission?
Let's start at the very beginning. Mississippi Ave is in a Pedestrian District. This means that new developments must provide a 12 foot sidewalk. There are two ways that this is achieved, the builders either step their building back 2 feet or the street may be narrowed. In either case, the Developers provide (pay) for the modifications to the right of way. It is more common for new developments to step back their building. This is what PDOT told The Mississippi Ave Lofts (MAL) they must do when they were going through review. But, they did not want to do that so they arranged to talk with a PDOT supervisor. They met with Kurt Krueger and the outcome was that the street would be narrowed instead.
The news that the city was going to narrow the street was conveyed to residents and business owners. Many residents tried to appeal this through written and oral testimony during the MAL appeal before the Historic Landmark Commission (Gloria Morgan, appellant). During the hearing the commission asks PDOT to explain this controversial decision. Kurt Krueger explained that MAL had "presented a pretty tough case... " that, "the applicants were working on a very significant project that warranted maximizing the area and the two feet was rather costly for them to use... " "Mississippi was 40 feet which is far in excess of what we would construct as a new street width today... " And "so here's an opportunity to do a couple different things". He goes on to say that it would be in keeping with the historic buildings on Mississippi, which build to the sidewalk and furthermore it would slow down traffic. One commissioner pointed out that this was a different stance from the one they took with the Brewery Blocks in which the developers, in a historic area featuring buildings built to sidewalk, were forced to step back to accommodate a 12 foot sidewalk. The commission asks Kurt Krueger to make himself available to the neighbors on this issue. He agrees to do so.
None of us hear from Kurt Krueger but we do get wind that he asks MAL to dedicate 2 feet thereby not narrowing the street. We also hear that MAL threatens to sue the city. (We have requested all public records between PDOT, The City Attorney and MAL regarding this but, 3 weeks later, have still not received them).
Meanwhile, other pending developments, to include The City Garden (the Kurisu's project) had expected to receive the same treatment by PDOT that MAL had gotten. They were very upset to hear that PDOT was requiring all other new developments to dedicate/step back 2 feet.
The BDS(Building and Development Services) denies The City Gardens (the Kurisu's) an approval. The City Garden appeals this decision and a hearing date is set before the Historic Landmark Commission. During the course of the hearing Kurt Krueger of PDOT would once again address the commission on the squirrelly right a way issue and his insistence that The City Garden dedicate 2 feet. He explains that allowing MAL to not dedicate 2 feet and instead narrow the street was an error that, "if he could turn back the hands of time he would not have done."
At a Boise Neighborhood Association(BNA) special land use meeting held February 10, 2007 to discuss right of way issues brought about by MAL. Kurt Krueger tells us that he is now insisting that all new developments dedicate 2 feet for a 12-foot sidewalk. In the last remaining minutes of the meeting Kurt Krueger, under pressure from a resident, reveals that he had granted an exception to MAL and they were going to narrow the street instead of requiring the set back. The City Attorney, he tells us, had advised him to allow this exception. But he reassured us that all other new developments would dedicate 2 feet (step back 2 feet).
The natives were very, very unhappy with this new information gleaned at the special land use meeting and set about to right this wrong. Rachel Elizabeth wrote to the Mayor and city council members and got on the agenda for the Feb. 21st, 2007 city council meeting and presented a 3-minute communication in which she asks the city to require MAL to dedicate 2 feet instead of narrowing Mississippi. When she finished, Sam Adams approached Rachel and got her contact information. And then we waited, and waited, and waited some more.
On March 9, 2007 the BNA received a mandate from Sam Adams in which he states that within the Mississippi Ave Conservation District, all new developments would be required to build to the lot line. He said that the Historic Landmarks Commission and the city attorney recommended this mandate. He went on to say that we could have a streetscape project if we wanted, but we would have to have an "adequate consensus"(business and residents) and that we must narrow Mississippi Ave. And to think that we thought we'd get some help from Sam...
The City Garden project, which had already gone through process and been given the thumbs up, receives word that they must, per Sam's mandate, build out to the lot line instead of dedicating the 2 feet (as required by PDOT see above). We hear the Kurisu's are not pleased, as they would really like to just get on with it and avoid controversy. This change requires opening the review process again and asking for a city required amendment (to step back). After receiving notice from BDS that an amendment for the Kirusu project was approved, we filed our complaints that criteria set forth by Community Design Guidelines would not be met. Justin Dollard-Fallon (BDS planner) approves amendment and Rachel Elizabeth appeals. She has a hearing before the Historic Landmark Commission on June.
This admitted error the city committed with the MAL has created a snowball effect that has left our community polarized, distrustful, and confused. The result, the Sam Adams mandate and streetscape project, which seems to be a ruse to narrow the street come hell or high water has further inflamed the tension between the business community and the residents and threatens to further polarize us. Lately though I've been hoping that this latest upset for our community might actually serve to bring us closer. It seems that most of us, both businesses and residents like our street just the way it is. Thank you very much. We also seem to agree that there are problems with our street and sidewalks as they stand now and these will only worsen with the huge influx of people projected to move on to the street in the next few years. As Sam Adams told Rachel Elizabeth and me during a recent meeting, there are areas like ours all over town fighting the same battles because they are improperly zoned to accommodate the high density allowable. The infrastructure is not capable of supporting the influx. That's what we are facing here. This improper zoning problem, coupled with developers unwilling to give back to the community and instead maximizing their profits, is tearing communities apart.
Many of us would like the speed reduced on Mississippi, crosswalks installed, and curb extensions built. I think the developers and the city need to do everything possible to help us build a safe and livable community. These kinds of safety and traffic issues must be addressed now before the projected huge influx of new residents move onto our beloved street. I think we will be closer to achieving these goals if the developers of large-scale developments step back and the city steps up. Rachel Elizabeth will be asking precisely this at the hearing of her appeal of The City Garden before the Historic Landmark Commission. Hearing is scheduled for Monday June 25th 1:30 at 1900 sw fourth room 2500a.
For more information on how you can help Rachel Elizabeth's appeal and our community please contact: r.elizabeth@comcast.net
or call Lupin at (971) 409-9867
Tuesday, April 3, 2007
Police Street Sweeps Coming to Mississippi Ave?
Police Street Sweeps Coming to Mississippi Ave?
The City of Portland is considering passing an ordinance that would prohibit sitting or lying on sidewalks in high-pedestrian areas, such as downtown Portland, around the Lloyd Center, and possibly Mississippi Avenue. This ordinance would prohibit street musicianship, panhandling, and even just hanging out.
Of course, the ordinance would not always be enforced. Instead, it is selectively enforced. Although the United States Constitution promises every U.S. Citizen “equal protection of the laws,” (14th Amendment), it is likely to be enforced exclusively on poor people. Some people will come up with a variety of ways to blame the poor for being poor, but the hierarchical economic system that we live in ensures that there will always be people who are poor, in spite of best efforts and intentions.
The United States Court of Appeals for the Ninth Circuit ruled on April 14, 2006, that
punishing homeless people for sleeping, sitting or lying on sidewalks and other public property when other shelter is not available was unconstitutionally cruel and unusual punishment (Edward Jones v. City of Los Angeles, on the internet at http://www.ca9.uscourts.gov). Although this federal court decision should guide the lower courts, many police departments will continue to commit these offenses against society’s most vulnerable people.
COPWATCHING
What can we do to actually defend our neighbors and ourselves against these offenses? One thing is to observe police activity if it appears that they may be harming someone or violating someone’s rights, and record the incident. Important details include time and date, officers involved, accounts of what happened, witness contact information, name of victim, and, if arrested, on what charge. It is important to note that police officers can arrest anyone that they feel is interfering with their actions.
The City of Portland is considering passing an ordinance that would prohibit sitting or lying on sidewalks in high-pedestrian areas, such as downtown Portland, around the Lloyd Center, and possibly Mississippi Avenue. This ordinance would prohibit street musicianship, panhandling, and even just hanging out.
Of course, the ordinance would not always be enforced. Instead, it is selectively enforced. Although the United States Constitution promises every U.S. Citizen “equal protection of the laws,” (14th Amendment), it is likely to be enforced exclusively on poor people. Some people will come up with a variety of ways to blame the poor for being poor, but the hierarchical economic system that we live in ensures that there will always be people who are poor, in spite of best efforts and intentions.
The United States Court of Appeals for the Ninth Circuit ruled on April 14, 2006, that
punishing homeless people for sleeping, sitting or lying on sidewalks and other public property when other shelter is not available was unconstitutionally cruel and unusual punishment (Edward Jones v. City of Los Angeles, on the internet at http://www.ca9.uscourts.gov). Although this federal court decision should guide the lower courts, many police departments will continue to commit these offenses against society’s most vulnerable people.
COPWATCHING
What can we do to actually defend our neighbors and ourselves against these offenses? One thing is to observe police activity if it appears that they may be harming someone or violating someone’s rights, and record the incident. Important details include time and date, officers involved, accounts of what happened, witness contact information, name of victim, and, if arrested, on what charge. It is important to note that police officers can arrest anyone that they feel is interfering with their actions.
Is “Abnormally Fatty Liver of Tortured Geese” coming to Mississippi Avenue?
Is “Abnormally Fatty Liver of Tortured Geese” coming to Mississippi Avenue?
Developers building the Mississippi Avenue Lofts condos on Mississippi Avenue are reportedly going to have an upscale market, “Pastaworks,” in their retail space.
The current Pastaworks at 3735 S.E. Hawthorne St was the site of a Valentine’s Day protest to dissuade people from the consumption of “abnormally fatty liver of tortured geese,” also known as “foie gras.”
Foie gras is the massively enlarged, diseased liver of a duck or goose that can only be made by shoving a metal pipe down his or her throat and pumping food through it daily (SEE PICTURE) until their liver swells to ten times its normal size.
Undercover investigations and open rescues have revealed the disgusting conditions these birds live in tiny, cramped cages filled with feces and vomit where they regularly experience ruptured livers, suffocation from inhaling vomit, and severe infections. These animals grow so large they cannot walk and live in areas so small they cannot spread their wings.
Both veterinarians and the ASPCA have come out against the cruel production of foie gras and California has become the first state to pass a law banning the sale and production of force-fed birds by 2012.
Chicago has also banned its sale. Fifteen nations, including the UK, Czech Republic, Denmark, Finland, Germany, Luxembourg, Norway, Poland, Sweden, Switzerland and Israel- previously the fourth-largest producer in the world- outlaw force-feeding birds for foie gras.
If “abnormally fatty liver of tortured geese,” or “foie gras,” is coming to Mississippi Avenue, then the protestors surely will as well. The Valentine’s Day protest included graphic photos of force-fed animals, multiple cop cars with flashing lights, chanting and sign-waving, bullhorns, and one business had to turn out its lights and lock its doors.
Do Boise Neighbors want a business selling such an extraordinarily cruelly-made product in our neighborhood? Do Boise Neighborhood businesses want not-good-for-business protestors making a scene on Mississippi Avenue?
Developers building the Mississippi Avenue Lofts condos on Mississippi Avenue are reportedly going to have an upscale market, “Pastaworks,” in their retail space.
The current Pastaworks at 3735 S.E. Hawthorne St was the site of a Valentine’s Day protest to dissuade people from the consumption of “abnormally fatty liver of tortured geese,” also known as “foie gras.”
Foie gras is the massively enlarged, diseased liver of a duck or goose that can only be made by shoving a metal pipe down his or her throat and pumping food through it daily (SEE PICTURE) until their liver swells to ten times its normal size.
Undercover investigations and open rescues have revealed the disgusting conditions these birds live in tiny, cramped cages filled with feces and vomit where they regularly experience ruptured livers, suffocation from inhaling vomit, and severe infections. These animals grow so large they cannot walk and live in areas so small they cannot spread their wings.
Both veterinarians and the ASPCA have come out against the cruel production of foie gras and California has become the first state to pass a law banning the sale and production of force-fed birds by 2012.
Chicago has also banned its sale. Fifteen nations, including the UK, Czech Republic, Denmark, Finland, Germany, Luxembourg, Norway, Poland, Sweden, Switzerland and Israel- previously the fourth-largest producer in the world- outlaw force-feeding birds for foie gras.
If “abnormally fatty liver of tortured geese,” or “foie gras,” is coming to Mississippi Avenue, then the protestors surely will as well. The Valentine’s Day protest included graphic photos of force-fed animals, multiple cop cars with flashing lights, chanting and sign-waving, bullhorns, and one business had to turn out its lights and lock its doors.
Do Boise Neighbors want a business selling such an extraordinarily cruelly-made product in our neighborhood? Do Boise Neighborhood businesses want not-good-for-business protestors making a scene on Mississippi Avenue?
COMMISSIONER SAM ADAMS: “(BLAH BLAH BLAH)”
COMMISSIONER SAM ADAMS: “(BLAH BLAH BLAH)”
In a letter to the Boise Neighborhood Association and the Historic Mississippi Business District, Commissioner Sam Adams phrased the options available to the neighborhood as being for or against widening the sidewalk by narrowing the street, and asked that one of the options be selected by June 1st. No mention was made of how this might affect the safety of pedestrians or bicycle riders, and no mention was made of the Title 17 requirement for the new developments to make room for a wider sidewalk by setting back 2 feet.
Meeting attendees refused to endorse the narrowing of the street and insisted that Mr. Adams be held accountable for his responsibility to the Boise Neighborhood residents.
Clearly, the city bureaucrats that claim to represent the interests of the people of this city choose instead to push the agendas of the big money developers by refusing to even address the issues that challenge the authority of developers to throw their financial weight around in order to maximize their profits at the expense of the community.
In a letter to the Boise Neighborhood Association and the Historic Mississippi Business District, Commissioner Sam Adams phrased the options available to the neighborhood as being for or against widening the sidewalk by narrowing the street, and asked that one of the options be selected by June 1st. No mention was made of how this might affect the safety of pedestrians or bicycle riders, and no mention was made of the Title 17 requirement for the new developments to make room for a wider sidewalk by setting back 2 feet.
Meeting attendees refused to endorse the narrowing of the street and insisted that Mr. Adams be held accountable for his responsibility to the Boise Neighborhood residents.
Clearly, the city bureaucrats that claim to represent the interests of the people of this city choose instead to push the agendas of the big money developers by refusing to even address the issues that challenge the authority of developers to throw their financial weight around in order to maximize their profits at the expense of the community.
Saturday, February 17, 2007
Big Money Developers Bully Boise Neighborhood
SUMMARY: Condo-builders and the city plan to narrow N. Mississippi Avenue to get around laws concerning new developments, fail to notice the public.
At the Boise Neighborhood Association Special Topic Forum Concerning Land Use that was held on Saturday morning, February 10, several city officials spoke about the impending 4-story condominium developments that are planned for Mississippi Avenue. According to Jeff Joslin of the Portland Bureau of Development Services, the new developments will constitute 20-25% of the entire block face. Currently, there are no condominiums. Construction is scheduled to begin by the end of this month.
There has been an ongoing conflict between some of the community members and three of the big money developers poised to begin building on Mississippi Avenue (Mississippi Avenue Lofts (MAL), Kirusu International Headquarter/Garden, and the Mississippi Chateau). The dispute concerns city code title 17 that requires new developments in high pedestrian corridors, such as ours, to provide a 12 foot sidewalk. In order to make room for expanding the already-existing sidewalk to 12 feet, the Portland Department of Transportation (PDOT) requires new developments to set back new buildings two feet from the current property line.
Other developers building on Mississippi Avenue have agreed to the setback requirement and have figured it into their architectural designs. The three developers that refuse to set back argue that to do so would cut into their profits, and they are trying to get around the zoning code (title 17) by either narrowing the street or building out into the alleyway behind Mississippi Avenue by three feet.
Instead of following the zoning code, these three developers are hoping to make deals with PDOT without letting the public be a part of the decision-making process. When a neighborhood resident asked at the meeting Saturday morning whether or not the MAL developers had the go-ahead from the city to narrow Mississippi Avenue, Kurt Krueger (Portland Department of Transportation Development Review Manager) responded that he was taking a firm stance that property owners were to be required to make 2 feet. Many neighborhood residents understood this statement to mean that no exceptions were being made for big developers to get around the 2-foot setback zoning code.
Unfortunately, the statement was either deceptive or just an outright lie. Upon further questioning later in the meeting, Kurt Krueger disclosed that an exception had indeed been issued for the MAL to narrow Mississippi Avenue instead of building the new condo 2 feet back from the property line, and that he himself was responsible for the decision to grant the exception. This discovery outraged many of the neighborhood residents who had attended the 2-hour meeting and felt that they were misled all the way until Mr. Krueger’s disclosure in the last minutes of the meeting.
Many residents feel that narrowing Mississippi Avenue will only make the street more dangerous for pedestrians, bicyclists, and automobile drivers. The neighborhood is still affected by several recent tragedies involving automobiles striking pedestrians, and the proposed influx of affluent individuals will almost certainly increase automobile traffic. Ironically, Mr. Krueger argues that narrowing the street will have a “traffic calming” effect and that it will cause automobiles to slow down. He had no evidence to support his theory other than the example of other streets that are narrower, such as Alberta Street or Belmont, neither street expecting the kind of huge infill that Mississippi Avenue is expecting. It was not agreed that “traffic calming” was observed on these streets.
The residents’ outrage is due both to Mr. Krueger’s deceptive behavior and the lack of public notice of the deal that PDOT made with MAL to allow the street narrowing.
The meeting ended with an atmosphere of dismay and urgency. Only a small amount of time was spent discussing developer Kirusu’s request to vacate the alley behind their proposed condo as a trade-off for setting back 2 feet in the front of the building. Unsatisfied with the city’s inability to protect public property from the greedy hands of condominium-builders, some residents expressed intent to get the advice of an attorney, and a meeting with a land-use attorney was arranged. With construction on the MAL expected to start by the end of this month, and knowledge of the deal to narrow the street only just now disclosed (on February 10, and only after cutting through the deception), some residents feel that they have been bamboozled.
An important Boise Neighborhood Association (BNA) meeting is scheduled for March 12, Monday night, 7pm, where a panel will discuss these issues and a vote will be taken on whether or not the BNA supports the various requests made by developers.
At the Boise Neighborhood Association Special Topic Forum Concerning Land Use that was held on Saturday morning, February 10, several city officials spoke about the impending 4-story condominium developments that are planned for Mississippi Avenue. According to Jeff Joslin of the Portland Bureau of Development Services, the new developments will constitute 20-25% of the entire block face. Currently, there are no condominiums. Construction is scheduled to begin by the end of this month.
There has been an ongoing conflict between some of the community members and three of the big money developers poised to begin building on Mississippi Avenue (Mississippi Avenue Lofts (MAL), Kirusu International Headquarter/Garden, and the Mississippi Chateau). The dispute concerns city code title 17 that requires new developments in high pedestrian corridors, such as ours, to provide a 12 foot sidewalk. In order to make room for expanding the already-existing sidewalk to 12 feet, the Portland Department of Transportation (PDOT) requires new developments to set back new buildings two feet from the current property line.
Other developers building on Mississippi Avenue have agreed to the setback requirement and have figured it into their architectural designs. The three developers that refuse to set back argue that to do so would cut into their profits, and they are trying to get around the zoning code (title 17) by either narrowing the street or building out into the alleyway behind Mississippi Avenue by three feet.
Instead of following the zoning code, these three developers are hoping to make deals with PDOT without letting the public be a part of the decision-making process. When a neighborhood resident asked at the meeting Saturday morning whether or not the MAL developers had the go-ahead from the city to narrow Mississippi Avenue, Kurt Krueger (Portland Department of Transportation Development Review Manager) responded that he was taking a firm stance that property owners were to be required to make 2 feet. Many neighborhood residents understood this statement to mean that no exceptions were being made for big developers to get around the 2-foot setback zoning code.
Unfortunately, the statement was either deceptive or just an outright lie. Upon further questioning later in the meeting, Kurt Krueger disclosed that an exception had indeed been issued for the MAL to narrow Mississippi Avenue instead of building the new condo 2 feet back from the property line, and that he himself was responsible for the decision to grant the exception. This discovery outraged many of the neighborhood residents who had attended the 2-hour meeting and felt that they were misled all the way until Mr. Krueger’s disclosure in the last minutes of the meeting.
Many residents feel that narrowing Mississippi Avenue will only make the street more dangerous for pedestrians, bicyclists, and automobile drivers. The neighborhood is still affected by several recent tragedies involving automobiles striking pedestrians, and the proposed influx of affluent individuals will almost certainly increase automobile traffic. Ironically, Mr. Krueger argues that narrowing the street will have a “traffic calming” effect and that it will cause automobiles to slow down. He had no evidence to support his theory other than the example of other streets that are narrower, such as Alberta Street or Belmont, neither street expecting the kind of huge infill that Mississippi Avenue is expecting. It was not agreed that “traffic calming” was observed on these streets.
The residents’ outrage is due both to Mr. Krueger’s deceptive behavior and the lack of public notice of the deal that PDOT made with MAL to allow the street narrowing.
The meeting ended with an atmosphere of dismay and urgency. Only a small amount of time was spent discussing developer Kirusu’s request to vacate the alley behind their proposed condo as a trade-off for setting back 2 feet in the front of the building. Unsatisfied with the city’s inability to protect public property from the greedy hands of condominium-builders, some residents expressed intent to get the advice of an attorney, and a meeting with a land-use attorney was arranged. With construction on the MAL expected to start by the end of this month, and knowledge of the deal to narrow the street only just now disclosed (on February 10, and only after cutting through the deception), some residents feel that they have been bamboozled.
An important Boise Neighborhood Association (BNA) meeting is scheduled for March 12, Monday night, 7pm, where a panel will discuss these issues and a vote will be taken on whether or not the BNA supports the various requests made by developers.
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