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HomeMy WebLinkAboutCC Minutes - 05/08/06 Meeting M I N U T E S Eugene City Council City Council Meeting Council Chamber—Eugene City Hall May 8, 2006 7:30 p.m. COUNCILORS PRESENT: Jennifer Solomon, Andrea Ortiz, David Kelly, Gary Papé, George Poling, Chris Pryor, Bonny Bettman, Betty Taylor. Her Honor Mayor Kitty Piercy called the meeting of the Eugene City Council to order and welcomed everyone to the meeting. 1. PUBLIC FORUM Mayor Piercy reviewed the rules of the Public Forum. She noted that 24 people had signed up to speak and requested a motion. The council concurred that it would stay to hear all those who had signed up to speak, and no motion was offered. Jim Hale , 1715 Linnea Avenue, requested that the council pull Consent Calendar Item G and vote against it. He wanted to force the Eugene Water & Electric Board (EWEB) to provide answers to the following questions, before taking its ballot measure to the voters: ? Why was EWEB in such a hurry to move when there was no pressure from McKenzie-Willamette Hospital demanding action? ? Why did EWEB want the City to approve the item at the present meeting “to save $50,000 on an election” when it had “no qualms about spending several times that amount in bonding expense?” ? Why was EWEB “anxious” to borrow $1.2 million for unknown contingency costs, $100,000 to plan the future use of the operations yard, $700,000 to do a wetland fix on the Roosevelt Boule- vard location, and $300,000 in ordinary EWEB staff costs associated with the move, when it could “seemingly” pay most of these expenses from ordinary funds instead of borrowed money? ? Why was EWEB “in a big hurry” to spend $4 million on design and site improvements for the Roosevelt site, which he felt was far from the power and water sources in the Willamette Valley? ? Why did EWEB intend to remodel the existing building? Mr. Hale questioned the need for what he asserted were two city governments and two city managers. He noted that City Manager Dennis Taylor supervised 1,482 employees and was paid $133,000 annually while EWEB General Manager Randy Berggren supervised 472 employees and was paid $192,500 annually. He asserted that EWEB paid its five division managers substantially more than the City paid its manager. He believed that the administrative infrastructures of the City and of EWEB represented a duplication of services and consolidation would bring about greater efficiency. Tom Snyder , 1143 Monroe Street, proposed that the council host a public dialogue regarding what vision the community would support in the development of the EWEB riverfront property. He read a futuristic MINUTES—Eugene City Council May 8, 2006 Page 1 Regular Meeting article he had written based on his vision of conversion of the EWEB steam facility into a “Live Steam Museum.” He submitted his testimony in writing. Zachary Vishanoff , Patterson Street, approved of Mr. Snyder’s proposal. He reiterated his unhappiness with the demolition of the former cannery, noting that he had gone to the site prior to the construction of the courthouse and “gathered artifacts.” Mr. Vishanoff circulated copies of an article. He asserted that Nike paid no taxes and reiterated his opposition to the University’s plans for a basketball arena. Betty Snowden , PO Box 5166, Eugene, testified in support of a payday loan ordinance. She said as a business owner she supported a friendly business climate, but not at the expense of low-income citizens. She disliked that payday loan businesses frequently charged an interest rate of 500 to 700 percent. Laurie Trieger , 2710 Polk Street, stated that payday loans were short-term, high-interest rate loans marketed to cash-strapped consumers. She cited statistics that indicated that in 13 years, the number of th such lenders had grown from 200 to over 25,000 and Oregon was the 14 most saturated state for payday lending. She pointed out that of the 31 licensed payday lenders in Lane County, 16 operated in Eugene and the most common annual percentage rate was 532 percent. She explained that a person could borrow $300, could roll over that amount three times according to law and, within 10 weeks could pay $240 in fees for that loan. She stated that the State Legislature enacted payday loan reforms to address some aspects of the industry’s practices, but a strong need for city-level reform still existed. She said it would be 14 months before Oregon consumers would be protected by the State from predatory loan terms. In an effort to provide immediate relief to consumers, many cities used a model ordinance to establish basic protections that were complementary to and not a duplication of the State law. She related that one of the few current requirements to access a payday loan was that a person be employed. She understood, from her work at Food for Lane County, that more than one-third of all households in Lane County that receive emergency food boxes have at least one working adult. She stressed that with rising health care, utility, and housing costs, Lane County’s working poor struggled to meet their basic needs. She cited a 2004 Oregon Department of Consumer and Business Services survey indicating that 30 percent of all payday loan consumers borrowed money to purchase groceries. She stressed that these people were “your neighbors and mine.” Lisa Warnes , 5020 Nectar Way, a board member of the Southeast Neighbors and the Chair for Vision for Intact Ecosystems and Watersheds (VIEW), stated that three planned unit developments (PUDs) were slated for the southeast neighborhood. She reviewed a number of the PUDs in the South Hills over the last few years. She asserted that the geology and hydrology reports were generally a “rubber stamp.” She said neighborhood groups were “forced to raise funds” to hire geologists and hydrologists. She alleged that three recent PUDs were all on “landslide mass.” She wondered why there was not better oversight in the Planning Division. She felt the Planning and Development Department (PDD) only received reports from the developers and those reports went unchallenged. She suggested that PDD and the Fire Marshal were unwilling to address the issues. She commented that one PUD, Green Valley Glen, was planning for 14- foot-wide roads, which she considered to be a fire hazard. Ben Ennis , 80 North Monroe Street, representing Leadership Adventure Education Direction (LEAD), stated that he had been a part of LEAD for two years. He said LEAD was a local non-profit organization serving low-income teenagers in Lane County. He stated that the mission of LEAD was to develop the leadership skills of low-income teenagers to empower them to address community problems and change the MINUTES—Eugene City Council May 8, 2006 Page 2 Regular Meeting world. He reviewed the history of LEAD, from its inception with the help of the Housing and Community Services Agency (HACSA) in 1996 to the present. He said LEAD had served over 200 teens during that time. He related that LEAD teens worked toward “life assignments” and explained that such assignments were long-term goals in which the teen would work to create a positive personal community or world change. He listed some life assignments, ranging from graduating from high school to becoming a marine biologist. He said his life assignment was to learn all he could about computers and the “life assignment” of the group was to create Nuestro Lugar/Our Place, a LEAD teen center in the city of Eugene. He reported that LEAD representatives met with City staff and it had been determined that the former fire station in City Hall would not work. Now they understood there were other City-owned properties that could work. He asked that the council take a verbal stance to do whatever it could to make Nuestro Lugar happen. He assured the council that supporting the center would help the council fulfill its priority regarding youth. th Marie Kale , 767 West 8 Alley, stated that she participated in LEAD for four years. She said LEAD teens would love to have the council’s support for the Nuestro Lugar. She invited the councilors to a free lunch on May 24 during which a video would be shown and speakers from LEAD would make presenta- tions. She felt the council would be able to see first-hand why LEAD was an “amazing program.” She provided invitations to the councilors. She reiterated that LEAD had just been presented with an award honoring it as the Outstanding Human Services Agency of the Year. She added that this means “we’re awesome.” Maj Rafferty , 532 Olive Street, said LEAD had been spearheading the drive to create a teen facility in downtown Eugene. She stressed that LEAD had a strong track record for working with diverse groups of young people. She stated that she had been partnering with the City on the project since 1998 when she worked for the Riverhouse Outdoor Program. She listed the other partners: Juventud FACETA, Youth Advisory Board, University of Oregon Family Human Services program, and Trauma Healing Project. She noted that the University’s program was one of the best in the country and utilized best practices, evidence-based research, and interventions. She reported that Dr. Dan Close, department head for the program, committed to provide interns for the teen center. University of Oregon Family and Human Services program counseling psychology professor, Benedict McWhirter, an expert researcher on the subject of at-risk youth and prevention, was interested in the center and wanted to contribute to the program. She said a graduate student was conducting a needs assessment to help LEAD better understand what the community needed. She added that LEAD also partnered with Juventud FACETA and the Youth Advisory Board to provide services in a culturally inclusive manner. She related that Linda Wagner, who started a successful teen facility in Arizona and now worked in research and development for the Department of Youth Services, had written LEAD an outstanding letter of support noting that LEAD’s development process matched up with successful practices in Arizona. She acknowledged that some people felt the teen center concept had been tried without success and likened this to saying “I tried a sandwich once and did not like it.” She reiterated that the LEAD facility would be a membership facility, where parents would be required to sign their children up and teens would have to commit to obeying the law and staying in school and graduating. She reminded the council that LEAD had a strong grant possibility with Meyer Memorial Trust for $15,000 but needed a space commitment. She related that a space in the Overpark structure had been suggested and she believed it would work. She asked the council to commit to being a champion for the project. Thomas Dodd , 372 Lodenquai Lane, pastor of United Lutheran Church, spoke in support of the council’s consideration of ordinances to regulate the payday loan industry. He called the special legislative session in Salem promising, but the implementation date of July 1 left room for the industry to lobby to reverse the MINUTES—Eugene City Council May 8, 2006 Page 3 Regular Meeting bill. He suggested that should the council act to regulate the industry, the action would keep the momentum going and would give strength to the supporters of stronger regulation of the industry. He underscored that people in crisis were very vulnerable. He said while a crisis such as a hurricane was very visible, the crisis of being poor was much less of an attention-getter. He asserted that it is easy to ignore a problem that is not part of our daily experience, such as what happens in the payday loan industry when fees equal 520 percent interest on an annual basis. He said someone was making money at the expense of others and such practices were making things worse for many residents of Eugene. He acknowledged that the city of Eugene was made up of people of many faiths and offered a reading from the Christian Bible, Psalm 72. th Rene C. Kane , 254 West 14 Avenue, co-chair of the Jefferson/Westside Neighbors, asserted that a Metro Plan redesignation of the area to Medium Density Residential R-2 jeopardized the area and put it at risk of being developed with “poorly designed infill.” She related that representatives of the neighborhood association spoke with the Eugene PDD and awaited response. She related that the recent memorandum from the PDD director to the council had no suggestions to prevent the damage that inappropriate development might cause, nor any steps to fully implement the Jefferson/Far West Refinement Plan policies. She said this type of development would destabilize the neighborhood. She asked, on behalf of the Jefferson/Westside Neighbors that the City Council take swift action to oppose this change to core neighborhoods by calling a temporary moratorium on zone changes. Councilor Solomon, seconded by Councilor Ortiz, moved to extend the Public Forum by 57 minutes. Roll call vote; the motion passed unanimously, 8:0. th Paul Conte , 1461 West 10 Avenue, commended the council for doing a great job in December of protecting 14 blocks of the Jefferson/Westside neighborhood. He declared that the neighborhood was now “about to lose 15 blocks” to similar destructive infill. He suggested that “common sense” would indicate that an action allowing an intense multi-family development in an area of single-family neighborhoods should not be “handled this way,” regardless of a policy in the Metro Plan. He recalled that according to the PDD memorandum, staff testified to the Hearings Official in December 2004 that they were unclear about the maximum density of the area and that local refinement plan policies were ambiguous. He said the Hearings Official also found that many of staff’s interpretations of policies for a zone change were wrong. He asked why staff had not brought these unresolved issues before the council. He asserted that “staff had done nothing” to fully implement the policies that require protection of the character of this neighborhood. He alleged that residents were left “to fear the worst.” He thought it was essential that the council step in and provide temporary shelter for this “heritage neighborhood” while work was completed and appropriate standards were put into place. th George Stathakis , 935 West 8 Avenue, chair for the Wayne Morse Youth Program, stated that the program had operated on the Wayne Morse Terrace in front of the Lane County Building for 14 years. He said electricity had recently been cut to the plaza and a heavy police presence had been brought in. He felt this could be an opportunity to improve the image of the Eugene Police Department (EPD). He stated that there had never been a uniformed officer at the Saturday free speech event, but seven uniformed officers had been present the previous weekend. He agreed that it was good to “deal with the negative things” but said it was better to enhance the positive things. He underscored that the young people involved in his program were doing precisely what the Wayne Morse Free Speech Terrace was designed for. He recommended that EPD be encouraged to create a friendlier image and that one officer who could get to know who the “bad eggs” were be assigned to the plaza. He also requested that the council speak to the Lane Board of County Commissioners on behalf of the youth program so that electricity could be restored. MINUTES—Eugene City Council May 8, 2006 Page 4 Regular Meeting Iana Matthews-Harris , 3050 Memory Lane, co-manager of the Wayne Morse Youth Program, stated that the goal of the program was specifically to empower youth to get up and speak on a microphone, though anyone was welcome to voice an opinion. She underscored that the program was the “only positive force” there. She stated that the program’s energy was to support people doing things that were not drug-related and not illegal. She agreed there was a serious drug problem on the terrace and some people there did inappropriate things. She attributed much of the trouble to homeless youth and said the City and County should address homeless issues as the real source of the problems. She heard that 2,500 youth in Eugene were without a home and called this statistic “ridiculous.” She stated that the people of the city of Eugene had money and should address the homeless issues. She related that two weeks earlier, EPD officers made nine arrests and issued 19 citations. th David Ishi Woods , 953 West 8 Avenue, co-manager of the Wayne Morse Youth Program, asked where the councilors had been when the unilateral decision was made by the County to “pull the plug” on the weekly, open mike opportunity at the Free Speech Terrace. He stated that deeds spoke louder than words and the youth program was “doing” in Wayne Morse’s name and not just offering lip service. He wished to have more council support in this. Misha Seymour , 1313 Lincoln, #307, commented that there existed “creeping fascism in our midst.” He proclaimed that fascism in Eugene was not creeping, it was “trotting.” He said Eugene was supposed to be the City of the arts and outdoors but while the hanging baskets of flowers were watered and maintained, there were no benches for citizens to sit on. He disliked the Library’s rule that people could not sleep there for more than 30 minutes. He lamented that there were no benches to sit on and tie one’s shoes. He asked why “we hate people here so much.” Anthony Johnson , 1291 Delores Street, asked on behalf of his classmates that Golden Gardens Park be developed for the sake of safety. He thought it would be a wonderful thing for the Bethel community if the area could be turned into a beautiful family park that would help raise awareness about safety issues at the ponds. Amanda Canterell , 511 Langers Lane, related that her class had taken Golden Gardens Park on as a community service issue. They chose to be responsive to area children by presenting safety information to elementary school classes. She had focused, in her talk with school children, on safety around water and she stressed that Golden Gardens Park was not an ordinary park. She felt what she was doing was just the beginning of the information outreach effort. She asked why a dangerous park was being left untouched and noted that the water-filled former gravel pit there was larger than any pool in Eugene. th McKenzie Shepera Davis , 2350 North Terry Street, an 8 grader at Prairie Mountain School, shared that she had lost her brother, Brittain, and her cousin, Nick, at Golden Gardens Pond. She stated that it was absolutely necessary to have funding for Echo Hollow Pool improvements. She observed that more young people were moving into the West Eugene area and there was nothing to do but go to the skate park or go th to Echo Hollow Pool, which was just a pool with two diving boards. She related that her 8 grade class had done much to improve Golden Gardens Park. She wanted the park to look like a city park and not a garbage pit and asked the council to help. She averred that her community deserved to have parks and swimming areas like Amazon and River Road parks. th Brandon McGinnis , 2060 Irwin Way, an 8 grader at Prairie Mountain School, related that his class had taken a trip to Golden Gardens Park to see the ponds. He said those who had not been there before were shocked at the garbage and the condition of the park. He felt the park could be improved by adding several MINUTES—Eugene City Council May 8, 2006 Page 5 Regular Meeting new bridges, a bicycle path, play areas, and other places to recreate. He thought so many things around the ponds were dangerous and unpleasant. He reiterated that it should be improved. Jenny Sink , 393 Limerick Avenue, said she was the proud teacher of the students who had spoken about Golden Gardens Park. She recalled that the school year had begun with plans for a memorial. She applauded the class for dreaming big and related that they had been doing so from the day they visited the ponds. She stated that a penny drive collected $2,500. She felt the kids’ passion was helping to make a difference as well as speaking for six young people who could no longer speak for themselves. She said the grieving was over and change was underway. The young people had become proactive, they heard from numerous supporters of the park improvements, and now needed to hear from the council. She thanked the Parks and Open Space Division for the work that had been done so far and to the council for listening. Ruth Anne Paul , 1475 Green Acres Road, Space 160, stated that nothing had been done by the City to develop Golden Gardens Park. She said the part of the 1998 bond measure that had been allocated to the Bethel area had been used for a number of things and she listed them. She reiterated the importance of making Golden Gardens Park safe. She averred that an additional ten acres were needed to help slope the edges of the pits so they would have the nature of true ponds. She felt an additional 100 acres was needed to make the park user-friendly to more people. She called it imperative to include the development of this pond in the upcoming bond measure. She reminded the councilors that the park had been locally known as “the Pits” because it had never been developed or maintained as a park. Diane Shock , 5509 Barger Drive, reported that the Active Bethel Citizens group was working hard to develop Golden Gardens Park. They were appreciative of the council support shown for the park thus far. She said it remained critical that the project be considered a Priority 1. She recommended that additional acreage around the ponds area be purchased because the population in the area had increased significantly and the current area of the park was not adequate. She said another compelling reason to purchase the land was that the property was close to the airport and under the path of the new runway. She thought it would be prudent to purchase the land to maintain it as a buffer between the airport and residential areas. She urged the council to consider purchasing the land for ball fields and additional recreational facilities for all of Eugene. Gary Davis , 1635 Daugherty Street, Cottage Grove, asked the council to include funding for Golden Gardens Park on the bond issue in November. He said the park in its present state was 90 percent water. He agreed that additional lands were warranted, given the population growth in that area. He thanked the councilors for the work that had been done to make the park safer. He explained that he was the grandfather of two boys whose lives had been taken by the park. Carrol Dower , 1000 Welcome Way, thanked everyone and acknowledged that the Friends of Golden Garden Park were well-received by the council and the community. She reported that the group received good news coverage and donations from many local businesses and individuals. She reiterated the request that funds for the park be included in the bond measure and that the park be made a Priority 1. She underscored that the community was ready to put a great deal of sweat equity into the project, and it had a commitment from Home Depot for some supplies, the penny drive proceeds, and other fundraising money to contribute. She said she was just a mom who never wanted to see another grieving parent go through the agony of losing their spirited 15-year-old to an accidental drowning on a hot summer. Mary Monette , 3261 Richard Avenue, stated that Golden Gardens Park would be a great park for Eugene. She stressed that Bethel was a large voting bloc in the community. She said with the publicity the group MINUTES—Eugene City Council May 8, 2006 Page 6 Regular Meeting received, it could be a real asset to getting the bond measure passed. She said the group was working hard to develop the park and needed the council to “come along with us.” She echoed previous testimony urging the council to place the park in the bond measure and to reclassify its development as a Priority 1. Rick Bennett , 9200 Southeast Sunnybrook Boulevard, Clackamas, spoke on behalf of the American Association for Retired Persons (AARP). He stated that the AARP had more than 475,000 members statewide and nearly 23,600 members in the City of Eugene. He provided his testimony in writing and indicated that AARP members were consistently opposed to predatory lending practices, such as payday loans, and in support of legislation to regulate it. He urged the council’s support for the ordinance. nd Jana Jackson , 1012 East 22 Avenue, requested that the eight citizen members of the Budget Committee be required to be representative of the eight wards of the city. She said three of the current members resided in the same ward and this could be construed as lop-sided representation. Peter Leung , 2040 Shasta Loop, announced that a Chinese delegation would be coming to visit the State of Oregon at the invitation of State Senate President Peter Courtney. He related that the delegation would be visiting Eugene as well as the State Capitol in Salem. He stated that the delegation was interested in the University of Oregon because of a potential working relationship and ongoing communications that recently transpired. He noted that the states of Oregon, Washington, and California were prepared to establish relationships with fast-growing China and East Asia. He related that Oregon State University was taking advantage of this opportunity and planned to send a delegation to China during the first week of September. The University of Oregon was also taking the initiative. He provided a proposal as to how the City could receive the delegation from China and he hoped that the City Council and the Mayor would take advantage of this opportunity to improve the city’s relationship with China. Mayor Piercy closed the Public Forum and asked for comments from the council. Councilor Kelly thanked everyone for their testimony. He continued to be impressed with the LEAD program and what the young people were doing. He requested that the City Manager pursue other sites for the teen center. He also thanked LEAD for the invitations to the May 24 event, noting that councilors would not be able to attend because a council meeting was scheduled. Regarding the Wayne Morse Youth Program, Councilor Kelly stressed that Mayor Piercy contacted the County Commissioners as soon as she had heard about the situation and asked that electricity be restored to the terrace. Councilor Kelly also thanked everyone who spoke regarding the payday loan industry. Additionally, he noted that he agreed with those who considered the EWEB steam facility to be a valuable community resource. Councilor Papé echoed Councilor Kelly’s comments regarding the LEAD teens. Referring to Golden Gardens Park, he pointed out that there would be no bond money realized in 2006 because of timing, but there could be other funding possibilities. Councilor Papé requested a memorandum regarding Mr. Conte’s concerns about zoning in the Jeffer- son/Westside neighborhood. MINUTES—Eugene City Council May 8, 2006 Page 7 Regular Meeting Councilor Bettman thanked Mr. Hale. She said it was time to “at least clarify” some of the jurisdictional issues regarding EWEB and the City of Eugene. Councilor Bettman said the memorandum in response to concerns raised by the Jefferson/Westside Neighbors was “not very illuminating.” She related that she was doing additional research on the issue. She commented that it was counter to opportunity siting and likened it to trying to implement something with one hand while undoing it with the other hand. She requested a list of options she could pursue, with agreement from her colleagues, in order to take emergency steps to preserve the neighborhood and address what had transpired without, she alleged, anyone’s knowledge. Councilor Taylor called the testimony in the Public Forum “inspiring.” She related that she had also asked if there was anything the council could do to reverse the situation in the Jefferson/Westside area. She asserted that the item had “slipped through, hidden in a so-called housekeeping” item on the Consent Calendar. Councilor Taylor also liked Mr. Hale’s questions. Councilor Taylor asked why the City did not have hydrologists and geologists on staff who worked for the citizens. She opined that sometimes City staff was working just for developers. Councilor Taylor found the idea of creating a museum in EWEB’s steam facility after its future closure “fascinating.” 2. CONSENT CALENDAR A. Approval of City Council Minutes - March 13, 2006, City Council Meeting - April 10, 2006, Work Session - April 12, 2006, Work Session - April 17, 2006, Process Session B. Approval of Tentative Working Agenda C. Approval of 2006-07 Funding Allocations for Federal Community Development Block Grant, HOME Investment Partnerships, and American Dream Downpayment Initiative Programs D. Adoption of Resolution 4868 Calling a City Election on November 7, 2006, for the Purpose of Referring to the Legal Electors of the City of Eugene a Measure Authorizing a Four-Year Local Option Levy for the Funding of Library Operations E. Adoption of Resolution 4869 Calling a City Election on November 7, 2006, for the Purpose of Referring to the Legal Electors of the City of Eugene a Measure Authorizing the Issuance of a Maximum of $25,490,000 of General Obligation Bonds for Parks, Recreation, and Open Space Projects F. Adoption of Resolution 4870 Authorizing the Issuance and Sale of Electric Utility System Revenue and Refunding Bonds in the Aggregate Principal Amount of Not to Exceed Eighteen Million Three Hundred Fifty-Four Thousand Two Hundred Eighty Dollars ($18,354,280) for the Purposes of Financing and Refinancing Capital Improvements to the Electric Utility System and Providing for Related Matters G. Adoption of Resolution 4871 Authorizing the Issuance and Sale of Electric Utility System Revenue Bonds in the Aggregate Principal Amount of Not to Exceed Eight Million Dollars MINUTES—Eugene City Council May 8, 2006 Page 8 Regular Meeting ($8,000,000) for the Purposes of Financing Capital Improvements to the Electric Utility Sys- tem and Providing for Related Matters H. Approval of Police Auditor Recruitment and Selection Process Councilor Solomon, seconded by Councilor Ortiz, moved to adopt the Consent Calendar. Councilor Papé pulled items B, D, E, and G. Councilor Kelly indicated he submitted corrections to the minutes electronically. He also wished to pull Item H. Mayor Piercy deemed the corrections to the minutes, without objection, approved. Councilor Bettman said she previously submitted minutes corrections. Mayor Piercy deemed them, without objection, approved. Roll call vote; the motion to approve the Consent Calendar with the exception of items B, D, E, G and H, passed unanimously, 8:0. Mayor Piercy stated that items pulled from the Consent Calendar would be addressed at the end of the meeting. 3. ACTION: Approval of Findings and Recommendations from the Hearings Official and Adoption of an Ordinance Levying Assessments for Improvements Consisting of Paving, Curbs and Gutters, Sidewalks, and Storm Water Drainage System on Debrick Road from Clinton Drive to Valley Butte Drive, and Butte Lane from Clinton Drive to 700 Feet South; and Providing an Immediate Effective Date (Contract 2006-05) (Job #4111) Councilor Solomon, seconded by Councilor Ortiz, moved to approve the Minutes, Findings and Recommendations of the Hearings Official of April 24, 2006. Councilor Bettman conveyed her opposition to the motion. She was pleased to see that no members of the public opposed it. She asserted that a large portion of the project would be funded by the City out of the Lane County Road Fund. She said the road project was not an identified priority of the community. Roll call vote; the motion passed, 7:1; Councilor Bettman voting in opposition. Councilor Solomon, seconded by Councilor Ortiz, moved that the City Council adopt Council Bill 4926, an ordinance levying assessments for improvements to Debrick Road. Roll call vote; the motion passed, 7:1; Councilor Bettman voting in opposition. MINUTES—Eugene City Council May 8, 2006 Page 9 Regular Meeting 4. ACTION: Approval of Minutes, Findings, and Recommendations from the Hearings Official and Adoption of an Ordinance Levying Assessments for Improvements Consisting of Paving, Curbs and Gut- ters, Sidewalks, Landscape Medians, Street Lights, Street Trees, Wastewater, and Storm Water rdth Drainage on 3 and 4 Avenues between Pearl Street and Lincoln Street, North of Southern Pacific Railroad and South of Skinner Butte Park; and Providing an Immediate Effective Date (Contract 2006-04) (Job #3827) Councilor Solomon, seconded by Councilor Ortiz, moved to approve the Minutes, Findings and Recommendations of the Hearings official of April 19, 2006. Councilor Bettman stated that she would support this project because it was an identified project in the Capital Improvement Program (CIP). Roll call vote; the motion passed unanimously, 8:0. Councilor Solomon, seconded by Councilor Ortiz, moved that the City Council adopt rdth Council Bill 4925, an ordinance levying assessments for improvements to 3 and 4 Ave- nues. Roll call vote; the motion passed unanimously, 8:0. 5. PUBLIC COMMENT: Police Auditor Candidate Profile City Manager Taylor stated that Human Resources Division Manager, Helen Towle, was available to answer any questions. Mayor Piercy opened the public hearing. Joseph Collins , 2233 Hawkins Lane, submitted his testimony in writing. He believed the Eugene Police Department (EPD) to be incompetent. He was concerned about the police auditor and the methampheta- mine problem in Eugene. He did not think City Manager Dennis Taylor demonstrated any leadership on this issue. He also thought the Mayor, the Police Chief, and Assistant City Manager were incapable of handling oversight of a police auditor. He thought the police were bound by a loyalty that committed them to abetting one another in bad behavior and good. He felt the police’s need to protect one another was detrimental to the community. th Bob Cassidy , 1401 East 27 Avenue, recommended that the auditor be able to hire his or her own staff. He suggested that the City confer with other jurisdictions that had hired such auditors to be sure that Eugene did it right. Zachary Vishanoff , Patterson Street, believed more public hearings were in order to fully understand the depth of the problem. He remained angry over an alleged incident that occurred several years earlier in which he had been hurt by a police officer. He opined that the courts were being used to retaliate against people like him. Steve Smith , 128 Lynnbrook Drive, submitted his testimony in writing. He wanted to address the issue of who hired and supervised the auditor’s staff. He said an internal auditor should be a professional whose MINUTES—Eugene City Council May 8, 2006 Page 10 Regular Meeting job was to ensure sound evaluation of internal controls and that such evaluation was recorded properly. He averred that the auditor needed to ensure that the audit staff was properly trained in audit techniques and in the roles they played in audit support. He felt the auditor needed to be able to enforce staff performance and dependability. He recalled from his 30 years of serving as an auditor that it had been important that he managed his staff and controlled the work environment. He listed three problem areas with an audit staff reporting to an outside area: ? How would an audit staff lead keep abreast of the changes of growing the audit function into maturity or expanding or narrowing its coverage as experience dictates? For the sake of efficiency and cost-effectiveness, the audit process should have flexibility and constant self-evaluation. ? How would an outside audit staff boss manage to ensure maximum support for the work of the auditor? He opined that an auditor’s needs would fall into a secondary priority with staff. ? How would an outside staff boss be equipped to deal with the critical issues of independent re- cording of audit findings and insuring strict confidentiality of audit examinations and records? He did not believe these functions worked successfully without hands-on staff guidance. Additionally, Mr. Smith predicted the City would lose high-quality candidates for the auditor job if the position did not include direct management of his or her staff. Arnold Ismach , 5326 Tahsili Street, agreed with Mr. Smith. He congratulated Mayor Piercy and the City Council for moving ahead on schedule with the selection of an auditor. He felt the City was moving in the right direction. He had followed the police auditor process closely. He noted that in his work as a journalist he had come in contact with many police complaints. He recommended hiring someone with a good legal background or background as a judge or professional negotiator. Rob Handy , 455 ½ River Road, opined that the election regarding the West Eugene Parkway (WEP) divided the community and the vote to hire an independent police auditor could serve to “heal our community.” He said the voters clearly decided to make the police auditor independent of the City Manager and the Police Chief. He urged the City Council to move forward with what the voters asked for. nd Jana Jackson , 1012 East 22 Avenue, expressed concern that the job description for the police auditor was “light.” She asserted that there was no requirement that the auditor have a background in police work. She felt it would be difficult for an auditor to judge the behavior of police officers without being familiar with the law and its application. She likened it to having a plumbing inspector who knew little about plumbing. She also found the requirement specifying that the auditor can not have worked for the EPD within 20 years to be offensive. She suggested that five or ten years would be more reasonable. She opined that to say a person should not be affiliated with the police department was “prejudicial and offensive.” She felt that it implied EPD personnel, their friends, families, and associates could not be trusted. Majeska Seese-Green , PO Box 11692, Eugene said the Whiteaker Community Council (WCC) held the position that Eugene needed “the strongest possible” independent public review of police practices. She stated that the auditor needed to be a person who would not be intimidated in “the real difficult situations that might come up here in Eugene.” She averred that the person needed to have a documented history of being able to stand up under those circumstances. She felt that setting up the auditor without complete independence could hamper the situation. The WCC also wished to relay its concern that the person hired be willing and able to supervise staff. She said it was hoped that an amendment to the charter could be placed on the ballot with a change in wording that would clearly state that the auditor’s office should be MINUTES—Eugene City Council May 8, 2006 Page 11 Regular Meeting independent. She commented that, as there was an election scheduled already, an amendment would not add to the expense. Mayor Piercy closed the public hearing. Councilor Ortiz thanked everyone for coming down. She said the work had been a “labor of love” for her, but the bulk of the work still lay ahead. In response to a question from Councilor Papé, City Attorney Glenn Klein affirmed that the reason the staff would be included under the auspices of the City Manager’s Office (CMO) for the purposes of official reporting, was that charter language required it. Councilor Bettman wished to clarify that the budget for the police auditor’s office was $500,000. She also explained that the intent was always that the police auditor’s office be neutral and unbiased, and not an advocate for one point of view or another. In response to a question from Councilor Bettman, Ms. Towle said the issue of whether a felon could be hired was not specifically addressed in the job description but under statute a person could not access the criminal justice system with a felony background. Mayor Piercy called for a break at 9:20 p.m. The meeting reconvened at 9:25 p.m. 6. PUBLIC HEARING: rdth An Ordinance Concerning the Change of Street Name of the 3/4 Connector Which Extends East from Lincoln Street to Pearl Street Within the City of Eugene, to Shelton McMurphey Boulevard Associate Planner for the PDD, Kent Kullby, read the criteria into the record. He reported that the Planning Commission recommended approval of the ordinance. Mayor Piercy opened the public hearing. Majeska Seese-Green , PO Box 11692, stated that the Whiteaker Community Council supported the change. She averred it was in line with the Whiteaker Plan and it made sense to go ahead with the name change. Mayor Piercy closed the public hearing. Mayor Piercy ascertained from the councilors that there were no objections to taking action. Councilor Solomon, seconded by Councilor Ortiz, moved to adopt Council Bill 4924, an ordi- rdth nance concerning renaming of the 3/4 Connector to Shelton-McMurphy Boulevard. Councilor Taylor moved to amend the motion to substitute ‘Avenue’ for ‘Boulevard.’ In response to a question from Councilor Bettman, Mr. Kullby said ‘boulevard’ was generally used to distinguish a street that followed a path diagonal to other streets. MINUTES—Eugene City Council May 8, 2006 Page 12 Regular Meeting The motion died for lack of a second. The main motion passed by unanimous vote, 8:0. 7. PUBLIC HEARING: An Ordinance Concerning Stormwater Provisions; Amending Sections 9.0500, 9.6420, 9.8030, 9.8055, 9.8090, 9.8100, 9.8215, 9.8220, 9.8320, 9.8325, 9.8440, 9.8445, 9.8515, and 9.8520 of the Eugene Code, 1971; Repealing Section 9.6520 of that Code; Adding Sections 9.6790, 9.6791, 9.6792, 9.6793, 9.6794, 9.6795, and 9.6796 to that Code; and Providing an Effective Date City Manager Taylor asked Development Review Manager for the Public Works Department, Peggy Keppler, to speak to the subject of the ordinance before the council. Ms. Keppler explained that the ordinance addressed stormwater development standards. She related that an article in the Eugene Weekly confused the issue by suggesting that the ordinance would address rainwater harvesting, though nothing in this ordinance related to it. She clarified that the ordinance addressed when and what types of applications must meet development standards and also said the facilities would be designed and constructed according to the Stormwater Management Manual. She stated that the manual was being adopted administratively and a separate public hearing would be held on it. One of the items in the manual was rainwater harvesting. She added that the public hearing for the manual was scheduled for June 8 in the Les Lyle Room at the Public Works building on Pearl Street. Mayor Piercy suggested that anyone interested in testifying on rainwater harvesting should attend the aforementioned hearing. Mayor Piercy opened the public hearing. Charles Biggs , 540 Antelope Way, requested that the record remain open for “two to three weeks.” He asserted that the development standards should be updated periodically and should be expanded to include existing development. He observed that stormwater rates were going up and he predicted that businesses would be hit hard. He felt this would result in businesses being more inclined to increase the area of adjacent impervious surfaces. He was concerned about the water flow on a site and how it was managed with regard to pedestrians and bicyclists. He said “large sheets of water flowing across sidewalks” would create problems. Lisa Warnes , 5020 Nectar Way, echoed Mr. Biggs’ request that the record remain open. Teresa Damron , 605 Howard Avenue, also wished to keep the record open. She called stormwater “important” because we live in a wet climate. She stated that six of seven stormwater basins had master plans, with only the River Road/Santa Clara neighborhood plan left. She said the plan was scheduled to be completed in June 2006. She wished to be able to read the plan prior to the passage of this ordinance. Kate Kelly , 1185 Sunnyside Drive, reiterated the request to keep the record open. She said she enjoyed looking at natural drainage. She did not like curbs and gutters because water did not move in its natural way. She requested a reduction in the exemption from 3,000 to 1,000 square feet in order to decrease MINUTES—Eugene City Council May 8, 2006 Page 13 Regular Meeting runoff from impervious surfaces. She stated that River Road drainage was handled by bioswales. She also wanted to review the stormwater basin master plan for the area. Rob Handy , 455 ½ River Road, submitted his testimony in writing. He asserted that the proposed stormwater ordinance and related Stormwater Manual had significant implications for development and the related urbanization that “results from development.” He said staff had done a great job of educating the neighborhood organizations and others in an effort to inform citizens about the proposed policies. He also wished for the record to remain open, as the review and preparation of comments had “proven to be complex and time-consuming.” He averred that citizens from the River Road area wanted to offer “useful and reasonable” suggestions for improvements specific to the area’s basin plan. They had been challenged to do so because the issues were complicated. He shared two examples of issues of concern: ? Section 1.4(2) which outlined “destination design methodology” and which indicated that the City of Eugene developed flood control strategies for each of the drainage basins within the urban growth boundary (UGB) and published its findings, though he alleged that no strategy had been adopted for the River Road/Santa Clara basin; therefore the flood control design storm information did not have the necessary data to formulate the desired level of protection for the neighborhood. ? Section 2.2(1) which outlined the “simplified design methodology approach” and stated that a simplified approach was a process for selecting and designing combined pollution reduction and flow control facilities intended to save the project developer time and expense. He suggested in- cluding language that addressed the intent of the simplified design methodology and encouraged implementation of “natural systems’ functions where appropriate.” Mr. Handy thanked councilors Ortiz and Papé for their interest in the transition team issues for the neighborhood. Kate Perle , 4740 Wendover Street, reiterated concern that the stormwater basin master plan for the River Road/Santa Clara was incomplete. She surmised the plan could ultimately dictate how the neighborhood dealt with stormwater. She averred that the stormwater basin in that neighborhood was “distinctly different” from the other basins in the city. She said it was important that the considerations given to the headwaters area in the ordinance as written be allowed for other sensitive basins as well. She called it a “red flag” for her that much of the language in the manual intended to create systems and to build systems that “mimic” natural stormwater conveyance, filtration, and mitigation. She preferred to preserve what already existed. She averred that the River Road/Santa Clara area had stormwater systems designed by nature that she felt were “priceless.” She asserted that they performed at significantly higher levels than man-made replacements. She applauded areas of Washington that utilized best management practices for preserving native soils and vegetation. Tammie Stark , 843 Snell Street, stated that she was a rainwater harvesting consultant. She provided handouts regarding her work. She agreed with testimony in support of preservation of natural systems that were “already taking care of stormwater mitigation.” She supported the stormwater plan with the exception of the reporting requirements. She alleged that she heard from “some professionals” that such requirements were burdensome for them and expensive for clients. She wished to note, regarding rainwater harvesting, that an outcome-based policy would be greatly advantageous as opposed to a prescriptive policy. She believed it was important to have practitioner collaboration when reviewing code. She offered to provide free student labor through the Lane Community College Rainwater Harvesting Design and Build workshop, scheduled for this summer. MINUTES—Eugene City Council May 8, 2006 Page 14 Regular Meeting Megan Kemple , 39 Cedar Street, reiterated the request to leave the record open. She said she found the information on the Web to be difficult to access and unclear. Anita Van Asperdt , 1754 Moonshadow Lane, stated that she was a professional landscape architect. She also requested more time. She echoed Ms. Stark’s comments. Mayor Piercy closed the public hearing. Councilor Ortiz, seconded by Councilor Solomon, moved to leave the record open until May 22, 2006. Councilor Papé asked if the ordinance would affect the River Road/Santa Clara stormwater basin master plan. Ms. Keppler responded that Therese Walch, civil engineer for the Public Works Department, was working on the plan. She explained that they were in the process of calibrating the stormwater model in that area. She stressed that the plan was not dependent on the ordinance nor was the ordinance dependent on the existing structure of the hydrology in the area in order to operate. Regarding Mr. Handy’s comments, Ms. Keppler stated that in the basin plan, the level of risk and how many different areas should be protected from flooding was reviewed. She said all of Eugene had been looked at and there was a measure for how much risk was to be put “in flooding.” She clarified that what this meant was that if an area was less than 40 acres, development should be designed for a five-year storm event and, if it was larger, it should be designed for a 10-year storm event. She felt chances that a larger need would be created in the River Road/Santa Clara area were minimal. She did not see that higher levels of protection would be necessary. She underscored that the ordinance indicated that the stormwater systems would be designed according to the “flood control storm event.” She stated that this was not identified in the ordinance as a specific number. Councilor Papé asked if the ordinance was time-critical. Ms. Keppler replied that the reason this ordinance was before the City Council was because it was a requirement for the National Pollutant Discharge Elimination System (NPDES) permitting process. She said the permit required the City to adopt development standards, but it was not date-specific at this time. Councilor Papé asked if there could be information from the River Road/Santa Clara stormwater plan that would change part of the ordinance. Ms. Keppler replied that no information from the plan would impact the current ordinance before the council. Councilor Ortiz withdrew her motion. Councilor Ortiz, seconded by Councilor Solomon, moved to direct the City Manager to leave the record open until May 22 at 5 p.m. and not to bring the issue back before the council until after the River Road/Santa Clara master plan in regard to stormwater issues was complete. Councilor Kelly said if there was a link between the basin plan and this ordinance he would agree with the motion, but he did not see the link. He thought it would be bad public policy to make a “community collaboration political statement” on what was actually a matter of engineering. He was familiar with a basin plan and did not see a connection between the ordinance and such a plan. MINUTES—Eugene City Council May 8, 2006 Page 15 Regular Meeting In response to a question from Councilor Kelly, Ms. Keppler affirmed that the ordinance essentially required someone who was building new development over a certain size to put systems in place to protect water quality. She added that it did not include any design parameters, but it did dictate that someone creating an impervious surface would have to show where the stormwater would be shunted and demon- strate that it would be treated if the impervious area was 3,000 square feet or greater. Councilor Kelly asked if a public drainage way would be prohibited in any way should this ordinance be passed. Ms. Keppler responded that it would not. Councilor Kelly surmised that the ordinance did not have anything to do with such issues. Councilor Bettman asserted that the reason there were no design parameters in the ordinance was because the design parameters were going to be adopted by an administrative order that would be enabled by the ordinance. She said in terms of the waterway, the ordinance would not change the disposition of such a waterway unless development was planned. She did not think the council would be able to address the issues if it came back to the council as an action item. She preferred for it to come back as a work session. Councilor Bettman asked if the ordinance superseded the basin plan. Ms. Keppler replied that it did not supersede the plan; rather it was a complement to it. She said the basin plans may identify all of the major stormwater conveyance systems throughout the River Road/Santa Clara basin, just as it did throughout the other seven basins, but it was not meant to direct exactly how the water should be conveyed through the system. She reiterated that the ordinance merely looked at new development and what it needed to do with stormwater before the water left a development site. Councilor Bettman asked if “all of the details” were contained in the administrative order. Ms. Keppler responded that the sizing and design standards were there, but the requirements came from Chapter 9. Continuing, Councilor Bettman took issue with the exemption for a single-family and a double-family residential structure. She commented that it was interesting to see the argument that one of the reasons this exemption was made was so there would be equity throughout the City in terms of developing such a dwelling. Regarding River Road, however, she wondered how much of new development would be excluded from the ordinance. She believed that if the City really wanted its stormwater conveyance, flood control, and pollution control to be sustainable, the City needed to move more into “green infrastructure.” In response to a question from Councilor Kelly, Ms. Keppler affirmed that the master plans identified the capacity that the City wanted to have in the system and identified areas where they were deficient. She said the ordinance in front of the council was for development applications that came in. She clarified that if a land use application came in, such as a subdivision or a partition including a public street in which a developer would be required to construct public improvements, that would be addressed in the ordinance. Councilor Kelly asked what would govern those privately engineered public improvements at present. Ms. Keppler replied that currently, stormwater conveyance had destination standards in Chapter 9. She said it dictated that such public improvements would be constructed to standards that had been provided through Chapter 7 or in a public improvements design standards manual established by the City Engineer. She noted that the latter had been adopted in 2002 and was currently being revised. She related that the manual stated that stormwater facilities would be constructed to meet flood control levels. She stressed that it did not require keeping any open drainage and it did not require any pollution reduction. It also had no site development requirements. MINUTES—Eugene City Council May 8, 2006 Page 16 Regular Meeting In response to a follow-up question from Councilor Kelly, Ms. Keppler said the manual dictated that closing an existing open drainage system would require further capacity of the entire basin to be con- structed. She added that the manual explained what a person would have to do to design that system. Councilor Bettman wished to clarify that the ordinance enabled the administrative order. Councilor Kelly asked that the issue regarding exemption be clarified. He noted that one person testified that Portland had an exemption of 500 square feet. He requested information on why Eugene’s exemption was “so much higher.” Councilor Kelly also expressed concern that a large subdivision of single-family homes built in an existing PUD would be exempted from the stormwater ordinance. He wished to see language that would close the “big loophole.” Mayor Piercy called for the vote. Roll call vote; the vote on the motion was a 4:4 tie; councilors Papé, Bettman, Pryor, and Ortiz voting in favor and councilors Solomon, Taylor, Kelly, and Poling voting in opposi- tion. Mayor Piercy voted against the motion and the motion failed on a final vote of 5:4. Mr. Klein noted that the two motions had been combined and the request to keep the record open had been denied. Councilor Kelly, seconded by Councilor Taylor, moved to keep the record open for further written testimony until 5 p.m. on May 22. Roll call vote; the motion passed unanimously, 8:0. Mayor Piercy expressed concern regarding the time. Councilor Pryor requested that the council address Agenda Item 8 and defer Agenda Item 9, action on the Parks Recreation and Open Space project and priority plan, and work to “triage” the items pulled from the Consent Calendar. Mayor Piercy conveyed her support for addressing the two Consent Calendar items related to EWEB. Councilor Pryor, seconded by Councilor Kelly, moved to extend the meeting time by 20 minutes. Roll call vote; the motion passed unanimously, 8:0. 8. PUBLIC HEARING: An Ordinance Establishing Local Criteria in the West Eugene Enterprise Zone and Adopting a Public Benefit Scoring System; Repealing Resolution 4851; and Providing an Effective Date Mayor Piercy opened the public hearing. th Bob Cassidy , 1401 East 27 Avenue, lauded the committee for doing an excellent job on development of the local criteria. He felt the committee had made the plan better. He suggested that one more point toward the tax credit should be given to people who pay at least $9 per hour to their employees. MINUTES—Eugene City Council May 8, 2006 Page 17 Regular Meeting Lou Christian , 80767 Turkey Run Road, Creswell, stated that he had been a County appointee to the committee and he supported the criteria. He felt the committee had engaged in a long, thorough discussion. Representing the building trades, he conveyed his union’s appreciation for the inclusion of the “Build Oregon Responsibly” language and the State apprenticeship criteria. He noted that much of the criteria gave points for jobs created by businesses taking advantage of the Enterprise Zone benefits and it was good that the construction jobs were being included in the tax credits as well. He greatly appreciated that job creation was being recognized “on the front end,” as well as when construction was completed. Roger Kaldahl , 2350 North Terry Street, #99, stated that he represented approximately 200 construction men and women who worked and lived locally and underscored that they supported local businesses and paid local taxes. He stated that they supported the West Eugene Enterprise resolution. He said when considering giving a contractor a construction bid, one would expect the contract to be a responsible citizen that paid employees a living wage, provided a full family health plan, and supported the community’s future by supporting State-approved apprenticeship programs. Majeeska Seese-Green , P.O. Box 11692, conveyed the support of the Whiteaker Community Council for the community standards being considered by the council. nd Mitch Hanan , 385 72 Street, Springfield, supported the ordinance. He said he worked in the construc- tion trade. He felt it was important to support living wage jobs with good family benefits. Mayor Piercy conveyed Lane County’s support for the existing recommendations submitted by the Enterprise Zone Task Force, as provided by Lane County Commissioner Bobby Green. Mayor Piercy closed the public hearing. She called for council questions and comments. Councilor Solomon, seconded by Councilor Ortiz, moved to adopt Council Bill 4923, an ordinance establishing local criteria applicable in the West Eugene Enterprise Zone and adopting a public benefit scoring system repealing Resolution 4851 and providing an effec- tive date. Councilor Bettman opined that it was unfortunate that the criteria applied to “such a minimal amount” of the development in the zone. She felt the criteria were negligible. She said she supported community standards, but the effort of the committee had failed to tie the standards to jobs created and there were several pieces she considered to be “giveaways” in terms of the point system. She called it “almost an illusion of standards.” She indicated she would oppose the motion. Councilor Pryor acknowledged Mr. Cassidy’s comments. He thought it was an intriguing option, but since they were working with Lane County as a partner and the City was trying coordinate its efforts with those of the County, he would support the motion as it stood. He thought it would be possible to discuss an additional point for higher wages at a later date. Councilor Kelly said he wished to echo “90 percent” of Councilor Bettman’s comments. He thought it unfortunate that the community standards applied to “such a small percentage” of the tax exemption. He continued to feel that the council was misled during the original application of the Enterprise Zone as to what could be included in terms of community standards. He commented that he would have opposed the MINUTES—Eugene City Council May 8, 2006 Page 18 Regular Meeting Enterprise Zone had he known that the community standards did not govern the entire tax exemption. He said he would support the motion as it was better than nothing. Councilor Taylor called the standards “meaningless” and only slightly better than the previous standards. She said she would oppose the motion. Councilor Bettman raised a point of process. She stated that when the council voted to extend the meeting, the premise had been that it would only listen to the testimony and then would adjourn. She felt putting the motion on the table at that point was inconsistent with the intent of the council. Mayor Piercy understood the decision to address the agenda item as a decision to take the agenda item to completion. Councilor Taylor objected to taking action and the motion was deferred. Mayor Piercy pointed out to the council that the meeting would end without having completed all of the work. She anticipated that more time would have to be scheduled. Councilor Papé noted that the time the council voted to end the meeting by had not yet transpired. Councilor Papé, seconded by Councilor Poling, moved that the council address Consent Calendar Item G before adjournment. Roll call vote; the motion passed, 5:3; councilors Bettman, Solomon, and Taylor voting in opposition. 9. ACTION: Resolution 4863 Approving the Parks, Recreation, and Open Space Project and Priority Plan This item was deferred due to the lateness of the hour. 10. Items Removed from the Consent Calendar Mr. Klein reminded the council that the motion to approve Item G, adoption of Resolution 4871 authorizing the issuance and sale of electric utility system revenue bonds in the aggregate principal amount of not to exceed $8 million for the purposes of financing capital improvements to the electric utility system and related matters, was already on the table. Councilor Papé indicated he would support the resolution. He expressed appreciation to EWEB Commis- sioner Ron Farmer for meeting with Councilor Poling and him. He related that Commissioner Farmer believed that $8 million was high and indicated he would work to try and reduce this amount, particularly with regard to any redesign of the current EWEB administration building. Councilor Papé also commented that he would like to see a better relationship between EWEB and the City Council. He recalled that the last meeting of the EWEB Board and the council was at least six years earlier. He felt, since both entities were governed by the same charter, they should meet at least on an annual basis. He suggested that the Mayor and Council President meet with the President of the EWEB Board in order to move toward working more cooperatively. MINUTES—Eugene City Council May 8, 2006 Page 19 Regular Meeting Mayor Piercy responded that this was already underway and the meetings were scheduled. Councilor Bettman said she appreciated the information that EWEB provided to the councilors. She opined that $8 million was a lot of money. She asserted that the ratepayers would have to pay for it and should be made aware of this. She questioned why EWEB was going out for the whole $8 million given that one of the commissioners was questioning the necessity of that amount. Councilor Bettman felt Mr. Hale made a very good suggestion. She agreed some of the line items that were presented in the documents provided to the councilors should have been in the existing budget. In response to a question from Councilor Bettman, Mr. Klein affirmed that a person would have 60 days to gather signatures to put a referendum in to bring the bond to a ballot. Councilor Bettman asked how many signatures it would take. Mr. Klein replied that the law required signatures from five percent of the legal voters for such a referendum to be placed on the ballot. Councilor Bettman said she would vote for the resolution and see whether there was enough public sentiment to place it on the ballot. Councilor Kelly also appreciated the additional information. He had ascertained that a rate increase of around .4 percent could be possible, but this increase was in no way certain. Councilor Kelly echoed the desire for a better working relationship between the EWEB Board and the City Council. Additionally, Councilor Kelly remarked that the master planning process for the existing site had struck him as something that should be conducted with input from the Planning and Development Department. Mayor Piercy related that she met several times with EWEB staff and commissioners and it was agreed by both parties that the City and EWEB needed to meet more. Roll call vote; the motion to adopt Resolution 4871 passed unanimously, 8:0. The meeting was adjourned at 10:38 p.m. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Ruth Atcherson) MINUTES—Eugene City Council May 8, 2006 Page 20 Regular Meeting