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HomeMy WebLinkAboutItem 2A: Approval of City Council Minutes ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Approval of City Council Minutes Meeting Date: July 10, 2006 Agenda Item Number: 2A Department: City Manager’s Office Staff Contact: Lynda Rose www.eugene-or.gov Contact Telephone Number: 682-5017 ISSUE STATEMENT This is a routine item to approve City Council meeting minutes. SUGGESTED MOTION Move to approve the minutes of the June 12, 2006, Work Session, June 12, 2006, City Council Meeting, and June 14, 2006, Work Session. ATTACHMENTS A.June 12 2006, Work Session B.June 12, 2006, City Council Meeting C.June 14, 2006, Work Session FOR MORE INFORMATION Staff Contact: Lynda Rose Telephone: 682-5017 Staff E-Mail: lynda.l.rose@ci.eugene.or.us L:\CMO\2006 Council Agendas\M060710\S0607102A.doc ATTACHMENT A M I N U T E S Eugene City Council Work Session Lane Transit District Board Room--Lane Transit District June 12, 2006 5:30 p.m. COUNCILORS PRESENT: Jennifer Solomon, Andrea Ortiz, Bonny Bettman, David Kelly, Betty Taylor, Gary Papé, George Poling, Andrea Ortiz, Chris Pryor. th The council joined the Lane Transit District (LTD) Board of Directors at its board room at 3500 East 17 Avenue, Springfield. LTD Board members Gerry Gaydos, Susan Ban, Debbie Davis, Dean Kortge, and Mike Eyster were present. Mr. Gaydos called the meeting of the LTD Board of Directors to order, and welcomed the Eugene City Council and City of Eugene staff. He hoped that LTD and the City could work collaboratively to ensure the community had the best possible mass transit system. Her Honor Mayor Kitty Piercy called the work session of the Eugene City Council to order. She thanked the LTD Board of Directors for hosting the meeting, and hoped that more such joint meetings would occur in the future Mr. Papé arrived. A. WORK SESSION: Joint Meeting with Lane Transit District Board of Directors Ridership/Service Overview LTD General Manager Mark Pangborn provided a status report on LTD, highlighting some major changes. He noted an increase in ridership between 1998 and 2005 and pointed out that rider trends were steeper than population trends, suggesting successful market penetration on the part of LTD. He attributed ridership increases to LTD’s student transit pass programs, increased gas prices, and employment and population growth. Mr. Pangborn provided data on ridership from the week of May 21, broken down by day of the week, time of day, boardings per hour, and by route. Mr. Pangborn recalled criticism aimed at the district during recent labor negotiations which suggested that LTD was sacrificing service at the expense of capital expenditures. He said that during the 1990s when the economy was growing, LTD increased service hours by 44 percent. A portion of revenue was set aside for capital reserves in recognition of the fact that the good economic times would not last. Mr. Pangborn said that reserve gave LTD the opportunity to match the federal funds for the Franklin EmX corridor. When the recession of 2000 came, LTD lost money and jobs, and reduced service by nine percent. With the economy MINUTES—Eugene City Council June 12, 2006 Page 1 Work Session in recovery, LTD proposed to increase service by two percent and to continue to add service if permitted by economic conditions. Mr. Pangborn shared information about LTD’s transportation demand management programs and projects, which included group pass programs, Commuter Solutions, RideSource, employer outreach, Park and Ride, and the Diamond Express, which served Oakridge and Westfir. Mr. Pangborn compared LTD’s operating characteristics with those of selected transit providers with fixed route systems, noting the data indicated that LTD’s performance was better than average in terms of cost and much better than average in terms of ridership. Responding to a question from Mr. Papé, Mr. Pangborn clarified that the comparisons did not include capital expenditures. Capital expenditures for transit agencies could vary wildly from year to year, depending on the projects and programs being funded. In response to a follow-up question from Mr. Papé, Mr. Pangborn said that as a public agency, LTD did not depreciate its assets. Mr. Pangborn invited other questions. Ms. Ortiz determined from Mr. Pangborn that the Betsy grant was a credit that came through from the State of Oregon, and did not affect the transportation reimbursement the school districts received from the State school funding formula. They were separate programs. Mr. Pangborn noted that the 4J School District started a program through which it sold bus passes to high school and middle school students living near LTD bus lines and reduced its transportation service costs. Mayor Piercy asked if LTD had a way of knowing what schools took the greatest advantage of the bus pass programs. Mr. Pangborn said that LTD counted people getting on and off the bus and could compare utilization at stops near schools when school was in and out of session. He said that LTD knew there was high student use of the passes to travel to and from school, but he acknowledged that LTD lacked information about whether students used passes at other times to reach other destinations. He noted that the State Department of Energy was pleased by the statistics LTD shared with it in regard to the student programs. Mayor Piercy questioned if LTD could benefit from the experience of schools having greater success with the programs. Mr. Pangborn said that LTD began its effort with the schools with the best bus service and worked with those schools to promote the programs to students. He noted that this was the first full year of the program and he anticipated that LTD would learn from its experience and increase use. Mr. Kelly found the statistics provided by LTD to be a testament to the good work the district did. When he moved to Eugene he had been struck by the size of the bus network compared to the size of the city. He believed ridership statistics showed increased demand, and he believed there could be a quantum leap in demand if there was a higher level of service. He said that people who did not have to use the bus were discouraged from using it when routes were not nearby or did not travel at a frequency that encouraged use. He thought the cost of a fare was less of a consideration for such riders. Mr. Pangborn agreed. Mr. Kelly supported the payroll tax that currently underwrote the system but suggested that further discussion was needed about how to broaden the revenue base to increase service levels. He thought that discussion could appropriately occur at the Metropolitan Policy Committee (MPC) as that group weighed transportation priorities around the region. Mr. Kortge noted the difficult process the LTD board went through in evaluating routes on an annual basis. Mr. Kelly acknowledged that situation, noting that before he joined the council, he lobbied the board with regard to Laurel Valley service. MINUTES—Eugene City Council June 12, 2006 Page 2 Work Session In response to Mr. Kelly’s comments, Mr. Pangborn concurred, and noted that demand in Cottage Grove for more services resulted in the addition of articulated buses along that route, which were consistently full, with standing room only for buses leaving Creswell. He agreed that more revenue was needed for LTD to provide more service. Walnut Street Station Kurt Yeiter of the Eugene Planning and Development provided an overview of the Walnut Street Mixed Use Development Project, which was named for one of the two EmX stations that will serve the area. He introduced Planning Commissioner John Lawless, a member of steering committee overseeing the project. Mr. Yeiter called board members’ and councilors’ attention to the packet materials provided for the meeting, which included a map showing the project area. He noted the many stakeholders in the process, including public agencies, the business community, and residents, and emphasized the collaborative nature of the project. Mr. Yeiter reviewed the phases of the project, noting Phase 1, which resulted in an “emerging vision,” recently ended. He anticipated that future phases would allow flexibility for new options and approaches. Mr. Yeiter noted the other projects affecting the area, such as the replacement bridge over I-5, the proposed basketball arena, the Agate Street Study, and LTD’s EmX project, and said that the area was ripe for redevelopment. Several key properties were currently vacant. He said analysis indicated that 1,400 housing units were needed in the area, adding to the opportunity to create a mixed-use center at higher densities. Mr. Yeiter said that the City was considering “form-based” zoning in the area, which was a cutting-edge planning concept. Mr. Yeiter anticipated that traffic in the area would increase about 50 percent in the next 20 years, and it would be a challenge to create a pedestrian-comfortable neighborhood that accommodated cars and future needs. He suggested that cutting-edge street design and different ways of thinking about traffic could help to accomplish the goal of a pedestrian-comfortable neighborhood. Mr. Yeiter thanked LTD for its contributions to the project and its support of the recent speaker series that brought in outside experts to discuss new trends and approaches. Mr. Yeiter called attention to a list of issues to be addressed in the second phase of the project. He invited questions. Mr. Papé referred to a memorandum included in the Agenda Item Summary entitled “Walnut Street Station Mixed Use Development Project,” which discussed the planning process and indicated the process fell short of identifying the goal of a preferred alternative. He asked what the specific goal was, and what gap existed in meeting it. Mr. Yeiter responded that one goal was for a more specific, defined plan. That did not occur by the end of the first phase, so a range of options continued to exist, the number varying by topic. He cited the issue of the street treatment as one example, where no consensus could be reached about a proposed boulevard approach. Mr. Papé asked if the street treatment would guide other outstanding decisions. Mr. Yeiter said yes, to some degree; the street treatment helped define the level of adjacent development and pedestrian accessibility. Mr. Papé asked if the City had a process to reach other decisions about the project. Mr. Yeiter said yes, during the second phase of the project, when all interests would again be brought together. Staff wanted to ensure that people understood the ramifications of their preferences. He added MINUTES—Eugene City Council June 12, 2006 Page 3 Work Session that it was likely staff would return at key points for further direction from the Planning Commission and the council. Ms. Ban asked how the project affected bicycle traffic. Mr. Yeiter noted the bicycle connection near Agate Street, where many bicycles cross Franklin Boulevard. He said that the City had not yet heard from residents to the north. He hoped to engage the bicycle commute community as that could affect the design of the street. Ms. Bettman recalled that in May 2003, the City Council adopted a modified boundary for the node that th removed a section of the neighborhood south of 17 Avenue in response to residents’ concerns. The boundary had been at Moss Street, but the boundary shown on the map in the Agenda Item Summary went beyond that. She asked if the council adopted a new boundary. Mr. Yeiter clarified that the boundary shown was the study area boundary. The node boundaries remained the same until further City Council action. Ms. Bettman recalled that the definition of a node called for its center to be a quarter-mile from the edge, which was why the boundary was moved to Moss Street. She was concerned about the study boundary. Ms. Bettman appreciated the expertise brought into the community and regretted she had conflicts preventing her from attending the presentations. She hoped staff did more such education to overcome business community objections to boulevard treatments. She said that Alan Jacobs made a presentation at the Oregon League of Cities regarding boulevards that demonstrated such treatments reinvigorated commercial activity. Ms. Bettman called for design standards for the high-density development to make such development more palatable to neighbors. She suggested the City consider bringing in additional outside expertise to discuss design standards that would help such areas to accommodate higher densities without destroying property values. She maintained that for residents, the issue was “not really density, it was design,” and suggested that higher density housing could serve as a transition area between lower density residential and commercial areas. Ms. Bettman said the City could call on Calper Associates or New Urbanisms Associates to assist in those efforts. Selection of Third EMX Route LTD’s Director of Development Services Stefano Viggiano said the goal of the meeting was to discuss the selection of a third EmX corridor. He noted the upcoming completion of the first corridor, the Franklin EmX corridor, which would connect downtown Eugene and Springfield. Mr. Viggiano reported that the board decided on ten-minute headways in the corridor and LTD purchased additional buses to ensure that occurred. Mr. Viggiano said the second corridor, which would be a continuous route between downtown Springfield and Gateway, was under consideration and he anticipated the board would make a final decision on the route in September 2006. Funding for the project was coming together and, if everything went well, it should be under construction in 2009 and open for service later that year or in 2010. Mr. Viggiano anticipated the third corridor would be located in Eugene. He said LTD would work with the City on the selection of the corridor, noting that the board generally asked the affected jurisdiction to take the lead on that decision. He further anticipated that construction would occur in 2014-15, putting funding for the corridor outside LTD’s budgeted Capital Improvement Program (CIP). Mr. Viggiano anticipated that 60 to 80 percent of the project funding would come from the federal government, with the remainder to MINUTES—Eugene City Council June 12, 2006 Page 4 Work Session come from a local match. LTD intended to seek opportunities to fund the local match from a source outside of its general fund, such as the Connect Oregon Program. Mr. Viggiano reviewed a schedule for the third corridor selection and construction process, indicating that the corridor would need to be selected by 2007 to ensure service started in 2015. Mr. Viggiano reviewed steps in the corridor selection process. Mr. Viggiano invited questions. Mr. Kelly complained about the slip in the timeline for the third corridor, saying it was painful because the need would be there and would be greater with each passing year. He termed the delay unfortunate. Mr. Viggiano indicated that the timeline depended on funding. The project was moved out in the CIP because LTD could not fund the local match. Mr. Kelly asked if LTD brought the issue to the MPC. Mr. Viggiano said no. Mr. Kelly suggested that might have been appropriate, given the role of the MPC, and added that he previously had no idea the delay was caused by the lack of the local match. Mr. Viggiano indicated that LTD also had to secure the necessary federal funding to match. Ms. Bettman determined from Mr. Viggiano that the Connect Oregon funds were one-time moneys, but there was discussion that they might be renewed. Ms. Bettman noted that the City’s Connect Oregon funds might have been better used for the corridor than the use for which they were intended. Ms. Bettman asked if LTD learned enough from past experience to constrict the timeline, or if the timeline was dependent on money. Mr. Viggiano responded that it was possible the timeline could be compressed, but funding was still an issue. He estimated that construction could be moved up to 2012 if the dollars were in place. Ms. Bettman said the selection process as presented looked good, but it did not reflect the motion included in the council’s packet. Mr. Kelly referred Ms. Bettman to page 20 of the meeting packet, where the selection process was laid out. Ms. Bettman recalled that when the council selected the Coburg corridor, it had done so on a close vote. Much of the data presented at that time supported a northwest Eugene corridor, and she suggested that given the work that had been done and the fact the Coburg corridor did not seem to be viable, the council should place its focus there. Ms. Solomon, seconded by Ms. Ortiz, moved to direct the City Manager to coordinate a process with LTD as described on page 20 of the meeting packet. Mr. Kelly asked that LTD provide the council with the corridor selection criteria when the council considered potential corridor options. He requested that LTD also provide the statistics mentioned by Ms. Bettman that the council considered during its earlier discussions. The council briefly discussed whether it could take action outside the corporate limits of the city of Eugene. City Manager Dennis Taylor indicated that under the council’s operating agreements, it could take action at this time. Mr. Papé shared Ms. Bettman and Mr. Kelly’s interest in the data previously provided, particularly along th West 11 Avenue. MINUTES—Eugene City Council June 12, 2006 Page 5 Work Session The motion passed unanimously, 8:0. Mr. Viggiano shared a timeline for the completion of the Franklin corridor, information about its cost, and examples of the signal heads. He said that guidance was not part of the initial design because the needed technology was not available. Mr. Viggiano reported that LTD requested federal funding for a demonstra- tion project for the guidance technology. Mr. Viggiano shared a picture of the New Flyer vehicles that LTD purchased for the EmX system. Mr. Viggiano invited councilors to contact him if they were interested in a tour of LTD’s Springfield Station. Mr. Gaydos recessed the meeting of the LTD Board of Directors and Mayor Piercy recessed the meeting of the Eugene City Council to allow the board and council to tour the Franklin EmX corridor. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Kimberly Young) MINUTES—Eugene City Council June 12, 2006 Page 6 Work Session ATTACHMENT B M I N U T E S Eugene City Council City Council Meeting Council Chamber—Eugene City Hall June 12, 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. Ken Neubeck , 4915 West Hillside Drive, urged the City Council to support Resolution 4881, the Human Rights resolution. He said he was on the Board of the Amigos Multi-Cultural Services Center, which has operated in Eugene since 1993, working with immigrants, refugees, and asylum-seekers. He related that most of the people he worked with suffered severe human rights abuses in their home nations, ranging from life-threatening poverty to political violence, including torture. He declared the resolution “extraordinarily important” to people who were in the community as immigrants, both documented and undocumented. Recent rhetoric in the media frightened many of the people he served. He stated that people he worked with were heavily traumatized by human rights violations in the nations from which they came. He averred that the City of Eugene had an opportunity to make a strong statement about its belief in human rights and its interest in respecting the dignity and safety of people in the community regardless of heritage, nationality, or whether they were here legally or not. He asked the council to give unanimous support to the resolution so that it would send a message to surrounding communities. Guadalupe Quinn , 3820 Greenwood Street, stated that she worked with CAUSA, a statewide coalition for immigrant rights. She thanked the council for considering the human rights resolution. She asked the council to pass the resolution as it would send a clear message that the City was committed to the welfare of all members of the community. She said people need to know that they will be treated with respect and everyone has the right to feel safe. She underscored the contributions that immigrants have made to this country. Mitzi Colbath , 2230 Churchill Street, President of the Eugene Planning Commission, said the Planning Commission sent her to convey the unanimous affirmation of and support for its letter of May 16. She provided another copy of the letter to the councilors. She related that the letter was about land use issues and the type of work the Planning Commission wanted to conduct for the council as the City moved into the next year. MINUTES—Eugene City Council June 12, 2006 Page 1 Regular Meeting Bruce H. Anderson , 4350 Spring Boulevard, said he wanted to raise the councilors’ awareness of rainwater harvesting. He stressed the importance of keeping it in the back of their minds as they proceeded with the evening’s proceedings. He said that although rainwater harvesting was not directly referred to in the code, the City should do everything it could to encourage residents to use untreated rainwater whenever possible. Sally Sheklow , 932 Polk Street, said she worked with the Community Alliance of Lane County in a program called Back to Back Allies for Human Dignity. She explained that part of the work she did was to monitor and track hate activity in the community. She thanked the council for taking the opportunity to reaffirm its human rights resolution. She knew what it felt like not to feel safe or welcomed and wanted to make sure this did not happen to immigrants in the community. th Michael Carrigan , 1439 West 4 Avenue, stated that Specialist Suzanne Swift of the United States Army was arrested on June 11 for refusing to be redeployed to Iraq. He said the Eugene Police Department (EPD) conducted the arrest on behalf of the United States Army. He did not feel it was an appropriate role for the EPD to take. He lauded Ms. Swift as a young woman of conscience who made a very difficult decision to not go back to Iraq. He opined that she was worthy of better treatment from the City. He alleged that Ms. Swift’s mother had been physically pulled aside by the EPD. He did not believe she should have been touched by any member of the department. He hoped Ms. Swift’s mother would file a complaint. nd Jana Jackson , 1012 East 22 Avenue, expressed disappointment in the Mayor and councilors Bettman and Kelly for any involvement in decisions around the police auditor or supervision of the police. She alleged that the councilors indicated they did not think it was important or always necessary for the council to follow the law. She interpreted that to mean that the police were not important. She did not think councilors had any business making judgments about the EPD. She alleged that interactions between a family member of Mayor Piercy’s and law enforcement personnel created a conflict of interest and declared that the Mayor had “no business serving on committees or choosing an auditor.” She disputed the statement that the police auditor could not be a convicted felon, as the auditor was not working in the criminal justice system. She said a hate crime was a hate crime whether it was racist, related to religion, or against a member of the police department. She felt one group was being singled out for discrimination. Zachary Vishanoff , Patterson Street, asked the City Manager if he had checked into Williams Bakery conditional use permit (CUP) and whether there would be a hearing. He was concerned that such a hearing would be held in the summer when University of Oregon students are out of town. City Manager Taylor offered to talk with Mr. Vishanoff after the meeting and try to coordinate how he and others could have public notice if such a request for a CUP was submitted. Continuing, Mr. Vishanoff asked the City Manager to ensure that The Register-Guard was made aware of the hearing, should it be scheduled. He also wished to highlight articles from the Eugene Weekly, one about a sports spending problem as it related to tuition increases at the University of Oregon, and one on the Oregon Nanoscience and Microtechnologies Institute (ONAMI). He said the University of Oregon also announced plans for a five-story building at an estimated cost of $60 million. He alleged that Governor Ted Kulongski “meddled” in the siting of the planned basketball arena for the University of Oregon. Mayor Piercy closed the Public Forum and called for council comments. Councilor Ortiz thanked everyone for coming. She noted that members of the Friends of Golden Gardens Park were in the audience. She also wanted to thank the members of the community who spoke in support MINUTES—Eugene City Council June 12, 2006 Page 2 Regular Meeting of the resolution to reaffirm the City Council’s commitment to the protection of human rights. She said she requested copies of the pocket-sized Universal Declaration of Human Rights for all of the councilors. She related that she carried her copy with her. With regard to human rights and civil behavior, Councilor Ortiz wished to convey her amazement that someone would single out members of the council in public testimony. She had a lot of difficulty with it and she hoped the council could set a better example of how to treat one another and how they expected the public to treat them. Councilor Kelly thanked those who spoke for their testimony. He said he was offended by Ms. Jackson’s remarks. He maintained that he had never said the council was above the law. He suggested that he and Ms. Jackson meet to discuss her concerns. Regarding Mr. Carrigan’s testimony, Councilor Kelly asked if the EPD was compelled to conduct the arrest of Specialist Swift. City Manager Taylor replied that the federal government issued a warrant which the local jurisdiction was compelled to serve. Councilor Kelly shared his admiration for the bravery of Specialist Swift and her mother. Councilor Bettman also thanked everyone for their testimony. She thanked the Mayor for bringing the reaffirmation of the council’s commitment to human rights to the council. She commented that human rights work was never done. Councilor Bettman asserted that she was not offended by Ms. Jackson’s testimony, noting that it was not the City Council that had oversight of the EPD. She said the police auditor, once hired, would oversee complaint investigations. Regarding Ms. Jackson’s assertion that a convicted felon could be hired, Councilor Bettman stated that because the police auditor’s office would have access to confidential information, there were regulations that prohibited a convicted felon from being eligible for the position. 2. CONSENT CALENDAR A. Approval of City Council Minutes - May 8, 2006, Work Session - May 8, 2006, City Council Meeting - May 17, 2006, Work Session - May 22, 2006, Work Session B. Approval of Tentative Working Agenda C. Adoption of Resolution 4875 Amending Systems Development Charge Methodology for Regional Wastewater System; and Amending Resolution No. 4740 D. Adoption of Resolution 4876 Amending Local Stormwater Systems Development Charge Methodology Concerning Credits; and Amending Resolution No. 4740 E. Approval of Funding for Affordable Housing Projects F. Approval of Production of Voters’ Pamphlet G. Approval of Production of Neutral Information Brochures for Parks, Recreations, and Open Space General Obligation Bond Measure and Library Local Option Levy for the November 7, 2006, Election H. Appointment of Members to Voters’ Pamphlet Proponent Committee for Parks, Recreation, and Open Space (PROS) General Obligation Bond Ballot Measure I. Appointment of Members to Voters; Pamphlet Proponent Committee for Library Local Option Levy Ballot Measure MINUTES—Eugene City Council June 12, 2006 Page 3 Regular Meeting Councilor Solomon, seconded by Councilor Ortiz, moved to approve the items on the Consent Calendar. Councilor Kelly said he had previously submitted minutes corrections. Mayor Piercy noted the corrections and deemed them, without objection, approved. Councilor Poling stated that he submitted a correction to the minutes. Mayor Piercy noted the correction and deemed it, without objection, approved. Councilor Bettman indicated she also submitted corrections to the minutes. She pulled the minutes from May 17, 2006, and asked that approval on that set be postponed until the minutes recording staff could review the record. She also pulled Items C and D. Mayor Piercy deemed the corrections to the minutes, without objection, approved. Councilor Papé pulled Item E. Roll call vote; the motion to approve the Consent Calendar with the exception of Items C, D, and E, passed unanimously, 8:0. Regarding Item C, Councilor Bettman reiterated her reasons for voting against the item, clarifying that there was a City policy dictating that growth pay for capacity and this policy was not being followed. Councilor Kelly said because making a change at the present meeting would necessitate referring it back to the Metropolitan Wastewater Management Commission (MWMC), he would support the resolution. He wished to underscore that when the council was discussing systems development charges (SDCs) that applied only within the city, the council could make sure it was matching adopted City policy. He wanted to figure out a way operationally to make sure those policies carry over to inter-jurisdictional discussions as well. Roll call vote; Consent Agenda Item C, approval of Resolution 4875 amending sys- tems development charge methodology for the regional wastewater system, passed, 7:1; Councilor Bettman voting in opposition. Regarding Item D, Councilor Bettman stated that she had similar objections to the reductions in the credits in the stormwater SDCs. She maintained that the City was not recovering the cost of the capacity and the ratepayers would be required to make up the difference. Councilor Papé favored these kinds of incentives to “do the right thing environmentally,” but he wished to see this done in a composite form whereby credits were given for certain things such as energy savings with lighting, stormwater, green roofs, etc. He hoped the Planning Commission and staff could look at how such credits could be given as a whole and not in a piecemeal manner. Roll call vote; Consent Agenda Item D, approval of Resolution 4876 amending local stormwater systems development charge methodology concerning credits, passed 7:1; Councilor Bettman voting in opposition. MINUTES—Eugene City Council June 12, 2006 Page 4 Regular Meeting Councilor Papé noted that the funding for affordable housing projects discussed building to Leadership in Energy and Environmental Design (LEED) standards but did not specify to which standard such housing would be built. He said the council had not had a work session on what it would design public buildings to. He thought if the City was subsidizing a project it should be required to build to the same standards the City had adopted. City Manager Taylor asked Stephanie Jennings of the Planning and Development Department to respond. Ms. Jennings said one piece of the request for proposals (RFP) this year was to ask the organizations if they would be willing to consider building to “green” standards. She related that many of them were already been incorporating these kinds of standards into their work and the department wanted to ask them what would be possible for them given no additional funding. She reported that Metro Affordable Housing and St. Vincent DePaul came forward with proposals that incorporated a number of green building standards. She added that part of what they were hoping to do in the future was to take a closer look at the different types of standards that were being used at present. In response to a follow-up question from Councilor Papé, Ms. Jennings stated that the intent of the application was to acquire LEED residential certification, the basic standard of LEED certification which said that developers would build to LEED standards but would not go through the costly LEED certifica- tion process. She said staff would ask for documentation on the work to ensure that LEED standards were being adhered to. Mayor Piercy commented that she attended the United States Conference of Mayors and the issue of green standards had been raised. The point had been made that even though buildings constructed to LEED standards were more expensive, they were built to last a long time so there was a return on the investment. Councilor Kelly thought the City should ultimately require LEED certification. Roll call vote; Consent Calendar Item E which sought approval for funding for af- fordable housing projects passed unanimously, 8:0. 3. PUBLIC HEARING: A Special Ordinance Granting an Exemption to the Application of the Eugene Code, 1971, Section 6.200 (Ordinance to Renew Five-Year Exception to Application of Eugene Code 6.000 (Open Burning) for Prescribed Wetland Management Burning) City Manager Taylor stated that this item was something that had been done before and was a continuation of an application that had been in place. Mayor Piercy opened the public hearing. Seeing that no one wished to speak to the item, she closed the public hearing. 4. PUBLIC HEARING: Lane Plywood Measure 37 Claim for Compensation (M37 05-1) City Attorney Glenn Klein explained that this was a public hearing on Lane Plywood’s Measure 37 claim. He indicated that a letter and an additional document from the Schwabe,Williamson, & Wyatt law firm had been submitted on behalf of the claimant, which was part of the record. MINUTES—Eugene City Council June 12, 2006 Page 5 Regular Meeting Mayor Piercy opened the public hearing. th Joe Willis , 1211 Southwest 5 Street, Suite 1600, Portland, provided a copy of a diagram of the property for the council. He said the claimant’s representatives were not present under Eugene’s ordinance and would not submit to it. He underscored that the claim had clearly been submitted under Ballot Measure 37. He stated that a corporation acquired the property in question years before any of the restrictive ordinances had been adopted. He averred that Measure 37 was designed to give relief for such ordinances. He said a written demand for just compensation had been submitted and if it was not satisfactorily waived within 180 days, his client would have the right to bring a civil action for just compensation in the Circuit Court that would carry with it the rights of attorney fees and expenses, including experts. He also believed in charging interest. He expressed his preference not to engage in this action. He said he would rather the council look over the paperwork and if councilors had questions, the lawyers would try to respond to them. He urged the council to grant the request and give his client a waiver. He added that Lane Plywood had been in possession and control of the property at all times and this interest alone was sufficient to sustain its right to make a Measure 37 claim. Mayor Piercy closed the public hearing. Councilor Solomon asked for an explanation of next steps in deciding the claim. Mr. Klein responded that the council was scheduled to consider action on June 26. Before then, staff would evaluate the written and oral testimony and would provide a memorandum containing advice, options, and risks. Mayor Piercy adjourned the meeting of the Eugene City Council and convened the meeting of the Eugene Urban Renewal Agency at 8:13 p.m. 5. PUBLIC HEARING ACTION: and Resolution 1039 of the Urban Renewal Agency of the City of Eugene Adopting the Budget, Mak- ing Appropriations, and Declaring the Amount of Tax to be Certified for the Fiscal year Begin- ning July 1, 2006, and Ending June 30, 2007 City Manager Taylor asked Budget Manager Kitty Murdoch, to briefly review the Urban Renewal Budget as recommended by the Budget Committee. Ms. Murdoch reported that the Budget Committee met six times and held one public hearing on May 15 on the proposed budget. She said the total budget for the two Urban Renewal Agency districts was $14.2 million. The committee made one change to the proposed budget: the addition of $300,000 to the Capital Budget for Farmers Market improvements. She related that the 14 members of the Budget Committee unanimously approved the budget recommendation at their final meeting. Mayor Piercy opened the public hearing. Zachary Vishanoff , Patterson Street, had several issues he wished to address: the backlog of street repairs; an alleged no-bid contract for City Hall which he likened to “corporate welfare;” and the closure of his neighborhood park. He felt urban renewal was “against open space, against parkland.” He called urban renewal and the Multiple Unit Property Tax Exemption “development carrots” that allowed City Hall to tear neighborhoods apart. He wanted more public involvement. Mayor Piercy closed the public hearing. MINUTES—Eugene City Council June 12, 2006 Page 6 Regular Meeting Urban Renewal Agency President Solomon, seconded by Councilor Ortiz, moved to adopt Resolution 1039 of the Urban Renewal Agency of the City of Eugene adopting the Budget, making appropriations, and declaring the amount of tax to be certified for the Fiscal year beginning July 1, 2006, and ending June 30, 2007. Roll call vote; the motion passed unanimously, 8:0. Mayor Piercy adjourned the Eugene Urban Renewal Agency and reconvened the Eugene City Council at 8:19 p.m. 6. PUBLIC HEARING and ACTION: Resolution 4877 Adopting a Supplemental Budget; Making Appropriations for the city of Eugene for the Fiscal Year Beginning July 1, 2005, and Ending June 30, 2006 City Manager Taylor said this was the resolution that made the budget consistent with additional funds and changes, outlined in the Agenda Item Summary (AIS). Mayor Piercy opened the public hearing. Seeing no one who wished to speak to the item, she closed the public hearing. Councilor Papé asked what the Judkins Point project was. City Engineer Mark Schoening, explained that this project was a land use condition of approval for the East Ridge Planned Unit Development (PUD). He said it realigned sections of Glenwood Boulevard and Glenwood Avenue and the on and off ramps to Interstate 5. In response to a follow-up question from Councilor Papé, Mr. Schoening clarified that these projects were on the south side of the interstate and were not in the city of Springfield. Councilor Solomon, seconded by Councilor Ortiz, moved to adopt Resolution 4877 adopting a Supplemental Budget; making appropriations for the City of Eugene for the Fiscal Year beginning July 1, 2005, and ending June 30, 2006. Roll call vote; the motion passed unanimously, 8:0. MINUTES—Eugene City Council June 12, 2006 Page 7 Regular Meeting 7. PUBLIC HEARING and ACTION: Resolution 4878 Electing to Receive State Revenue Sharing Funds Pursuant to Section 221.770 of Oregon Revised Statutes; and Resolution 4879 Certifying that the City of Eugene Provides the Municipal Services Required by Oregon Revised Statutes Section 221.760; and Resolution 48800 Adopting the Budget, Making Appropriations, Determining, Levying, and Categorizing the Annual Property Tax Levy for the City of Eugene for the Fiscal Year Beginning July Ad Valorem 1, 2006, and Ending June 30, 2007 City Manager Taylor stated that the budget recommendation before the council was for the operating budget for the City of Eugene. He called it a product of great work by the Budget Committee. He requested the public hearing be combined for all three actions associated with the budget. He asked Ms. Murdoch to review the budget. Ms. Murdoch provided a brief overview of the operating budget for the City of Eugene, as forwarded by the Budget Committee. She said public testimony had been received at all but the sixth meeting of the committee and a public hearing was held on May 15. She stated that all items with the exception of two had been recommended as proposed by the City Manager: the $1.5 million in a pay-off for Fire Bonds, allocated to transportation system improvements instead; and $100,000 for neighborhoods switched from one-time only to ongoing funding for the Neighborhood Initiative. Mayor Piercy opened the public hearing. Mary Otten , 1612 Lincoln Street, spoke on behalf of the Accessibility Committee. She thanked the council for allocating funds for audible pedestrian signals. She noted that the committee had been lobbying for audible signals since February. She was thrilled the City Council and the Budget Committee had “seen fit” to include money for them. Charles Biggs , 540 Antelope Way, expressed appreciation for the interest the Budget Committee and City Council had shown in neighborhoods and neighborhood associations. He was impressed with the amount of work the Budget Committee had done. He asked the City Council not to take action if any substantial changes were made to the budget as proposed. Zachary Vishanoff , Patterson Street, asserted that the City decided to get involved with the Congress for New Urbanism. He thought the public should be educated about this. He felt the pitfalls of smart growth were onerous. Mary Monette , 3261 Richard Street, on behalf of the Friends of Golden Gardens Park, conveyed the group’s appreciation to the council for listening to its concerns and challenging the group in not just assuming that things were a “given.” They also appreciated inclusion of the park in the bond measure and were “champing at the bit” to help get the measure approved by voters. She thanked the council in advance for a positive vote. She added that the park was beautiful in the evening and urged the councilors to “check it out.” Mitzi Colbath , 2230 Churchill Street, President of the Planning Commission, conveyed the commission’s support for City Manager Taylor’s budget item for opportunity siting and infill standards. She stated that the Planning Commission had, by unanimous vote, chosen to forward a request that one ongoing Full Time Equivalent (FTE) employee be provided to assist with infill standards. MINUTES—Eugene City Council June 12, 2006 Page 8 Regular Meeting David Hinkley , 1350 Lincoln Street, #7, thanked the Budget Committee. He hoped the City Council approved the portion of the budget that provided support for the Neighborhood Initiative and for the $50,000 for matching grants. Jenny Sink , 393 Limerick Street, reported that her eighth grade class worked on building a jogging trail in the Golden Gardens Park. She spoke of the passion of the young people as they worked alongside volunteers Home Depot and members of their families. She said she would remember the day as one of the most incredible moments she would ever experience. She felt their actions were a tribute to the memory of those lost and provided a chance to reflect and take a stand on something the young people believed in. She did not want another drowning to occur at the park. Rob Handy , 455-½ River Road, thanked the Budget Committee and the City Council for the work on the budget. He thanked them for funding the Neighborhood Initiative, support of the matching grants, audible pedestrian signals, and for shifting the sewer fund dollars to community planning and newsletter funding for the County residents in River Road/Santa Clara. He expressed appreciation for the in-depth discus- sions on potholes and how to prevent exponential degradation of the streets. He supported City Manager Taylor’s proposal for funding opportunity siting work and he supported the Planning Commission’s recommendation for an additional planner to aid in the development of infill standards. Mayor Piercy closed the public hearing. She related that she had a chance to visit Golden Gardens Park and found it to be very beautiful. She had been touched to see the two memorial crosses there. She thanked the City Council and the Budget Committee for their hard work. Mayor Piercy called for questions and comments from the councilors. Councilor Papé extended his gratitude to the lay members of the Budget Committee. He felt the delibera- tion on the budget had been one of the best he had participated in during his eight-year tenure as a councilor. He thought it was conducted at a high level and the committee addressed issues that were of great importance to the community. He also thanked the Accessibility Committee members who had come forward to propose installation of audible pedestrian signals. He noted that when he and the Mayor visited sister cities in Asia, they found that all major walkways had audible signals and other accessibility aids incorporated into them. Councilor Papé suggested that the Friends of the Golden Gardens Park could start campaigning for the parks bond measure immediately. Councilor Taylor wished she could say thanks for more funding for the Sister City Program, but it was not to be. She also wished she could say thanks for the reestablishment of funding for the Citizen Involvement Committee. She was pleased that some money had been allocated to Community Television. She agreed that it had been an “excellent Budget Committee.” Councilor Bettman also thanked the Budget Committee members. She commended them for their high level of commitment and understanding budget issues. She was very appreciative that the budget had come to the committee with a big advancement in terms of public safety and that it kept human services whole. She indicated she would support the budget. Councilor Solomon, seconded by Councilor Ortiz, moved to adopt Resolution 4878 electing to receive State Revenue Sharing Funds pursuant to Section 221.770 of Oregon Revised Statutes. Roll call vote; the motion passed unanimously, 8:0. MINUTES—Eugene City Council June 12, 2006 Page 9 Regular Meeting Councilor Solomon, seconded by Councilor Ortiz, moved to adopt Resolution 4879 certifying that the City of Eugene provides the municipal services required by Ore- gon Revised Statutes Section 221.760. Roll call vote; the motion passed unani- mously, 8:0. Councilor Solomon, seconded by Councilor Ortiz, moved to adopt Resolution 4880 adopting the Budget, making appropriations, determining, levying and categorizing the annual Ad Valorem Property Tax Levy for the City of Eugene for the Fiscal Year beginning July 1, 2006, and ending June 30, 2007. Councilor Solomon, seconded by Councilor Poling, moved to amend the motion by eliminating the appropriation for additional City Council staff and the reprioritiza- tion of $70,000 of the General Fund’s Capital transfer for the creation of council of- fices. Specifically, she moved to reduce the General Fund appropriation for the Central Services Department by $70,000 to increase the Reserve for Revenue Short- fall by the same amount, and to remove any directive to create council offices using General Capital resources. Councilor Solomon conveyed her concern that the appropriation for councilor offices and support staff passed without thoughtful analysis and discussion. She was very aware of how constrained space was in City Hall. She said the item only received five minutes of discussion late in the evening and two councilors were not present. She submitted that the council had a shared office and if councilors needed office hours then they should develop a schedule for the current office. She noted that the council was slated to receive offices in the new City Hall. She felt retrofitting the existing building was not a thoughtful way to use City money. Councilor Kelly opposed the amendment. He had been dismayed by what he considered to be “an orchestrated email campaign” on the issue. He wished to make it clear that the councilors would receive a room with partitions. He asserted that councilors spent 20 to 50 hours a week and as such he did not think it was unreasonable to want a desk, a phone, and someone to answer the phone. He acknowledged the space constraints at City Hall. He clarified that the motion did not specify that the space should be in City Hall. He suggested that space for the councilors could be found in the Atrium Building, 858 Pearl Street, th or the 4 floor of the Library. Regarding the administrative support, he did not think he was serving his constituents well when he spent a lot of his time filing his papers, playing “phone tag” with people trying to set appointments, and gathering materials. He thought with more administrative support he could spend “a heck of a lot” more time listening to his constituents, meeting with them, and advancing the policies of the City. With regard to the new City Hall, he predicted it would not be completed before 2010. He suspected it would serve the councilors well to have a cubicle in the meantime. Councilor Papé said he would support the amendment. He said he had used the shared office and felt it was underutilized. He thought it worked out well for meetings. However, he agreed that more administra- tive support was needed. He said it would be nice to have the phones answered by a person. Councilor Pryor apologized for not being at the Budget Committee meeting at which this issue was discussed. He had financial, logistical, and philosophical concerns about the amendment. He remarked that it was obvious that $70,000 was not an enormous amount of money in an overall City budget but it was real money from the taxpayers. He did not plan to use the office. He said he had a desk and a phone and the phone was paid for by the City. He preferred to use this money to fix a play structure in a park or buy asphalt for a road that needed repair. MINUTES—Eugene City Council June 12, 2006 Page 10 Regular Meeting As for administrative support, Councilor Pryor was uncertain. He suggested the council review this proposal and determine how much need there was for such support, but it did not need to be part of this budget. With regard to space for an office, Councilor Pryor reiterated that there already was an office that was not frequently used. He commented that when he needed to meet with people there were numerous choices of where to meet, including the office or other rooms at City Hall. He shared his greatest concern which was that policy makers who started to spend too much time at the operational location might be tempted to become more involved in operations and to try to direct them. He did not wish to cross that line. He said he was not accusing anyone of doing so, but if temptation was put in front of people, it could sometimes be difficult to refrain. He indicated he would vote for the amendment. Councilor Ortiz said she would oppose the amendment. She said she was the only councilor with a “blue collar” job. She felt a support person could triage whether she would have to attend to a matter immedi- ately or whether she could prioritize her family time over it. She did not have a vision of what an office space would look like. She said it could be three shared cubicles. She emphasized that she wanted a little staff support. She added that she did not mean that the council was not getting support from the current staff, she just needed a “little bit more support.” Councilor Bettman commented that she would not want to preclude a person from running for office because they did not have the resources to serve the public. She said one of the reasons the existing office was not used was because it was “as big as a closet” and did not have a phone or computer. She averred that councilors could not do their own work while waiting there. She did not think an office was a luxury and believed that most people thought councilors already had a downtown office. She felt the councilors should be able to post on their office hours on the Web site so that people who could not meet them “at home or on the golf course” could have access to them. She envisioned a room with cubicles and an administrative assistant who would serve all eight of them. Councilor Taylor agreed that the council needed support. She said she would like to have a filing cabinet. She had served on three national committees and met a lot of city councilors from other cities. She asserted that in many places city councilors had a full-time assistant who did things only for that councilor such as research, driving him or her places, making appointments, and being at “their beck and call.” She found it “impossible” to do everything herself and to also connect with her constituents. She opposed the amendment. Councilor Poling said he would support the amendment. He thought the money could be better spent somewhere else. He maintained that it was easier to meet with his constituents in his ward as the majority of them did not live anywhere near the downtown area. He reiterated that councilors were reimbursed for phones, fax, and computers. He noted that he carried a cell phone everywhere he went and had even answered phone calls from constituents on a mountaintop in Eastern Oregon during deer season. He opined that to spend $140,000 was not the best message to be sending out to the public at this time. He acknowl- edged that there were probably some cities that had administrative aides for each councilor but he questioned what those councilors’ positions were. He asked if it was a council similar to Eugene’s or if it was more like the Chicago City Council. As for the space, Councilor Poling disagreed with the assertion that the existing office was the size of a closet, saying that if he had a closet as big as the council’s conference room he would “get lost in it.” He underscored that the office contained a conference table with four chairs and a desk with a phone and a computer. He agreed with Councilor Solomon’s suggestion that the council develop a schedule for the use of the current office. MINUTES—Eugene City Council June 12, 2006 Page 11 Regular Meeting Councilor Bettman clarified that the cost was comprised of a $70,000 one-time expenditure and $60,000 annually for one administrative aide. Mayor Piercy said she had thought a long time on this issue. She felt supportive of having more staff help though she felt less comfortable with regard to creating office space. From the discussion she surmised that perhaps space was only needed for four councilors. Roll call vote; the vote on the amendment was a tie, 4:4; councilors Poling, Solo- mon, Papé, and Pryor voting in favor; councilors Bettman, Taylor, Ortiz, and Kelly voting in opposition. Mayor Piercy voted against the amendment and it failed on a final vote of 5:4. Councilor Kelly, seconded by Councilor Poling, moved to amend the FY07 General Fund budget by adding $100,000 ongoing and $20,000 one-time to provide an addi- tional Planning Division FTE in the Planning and Development Department to work on infill standards. The source of funds is a $120,000 reduction to the Reserve for Revenue Shortfall. Councilor Kelly thought the Planning Commission’s work on opportunity siting and infill was one of the best chances the City had to figure out how it would grow and whether the City could grow in a compact form that also preserved the quality of life for current residents. Councilor Bettman asked why this allocation was not in the City Manager’s proposed budget. City Manager Taylor replied that it had not been included in the Planning Director’s recommendation for the budget of the Planning and Development Department (PDD). Susan Muir, Director of PDD, stated that the original City Manager’s budget recommendation was the PDD proposal made in the past based on a motion that was made by a unanimous vote on July 20, 2005, which did include language about livability and infill. She said at the time the department drafted the budget package, it included all of those components. Councilor Bettman asked for Ms. Muir’s interpretation of the content of the position that was proposed to be funded. She asked Ms. Muir to define infill standards or how they were characterized in relation to the position. Ms. Muir directed Councilor Bettman to Attachment 1 to the letter from the Planning Commis- sion, as it described the menu of approaches. She explained that the commission had broken into three groupings related to opportunity siting and compatibility standards for infill and approaches included identifying and prioritizing the most at-risk neighborhoods and identifying protection measures that were general for broad citywide neighborhood by neighborhood approaches. Councilor Bettman asked how long the process to come up with a recommendation for strategies, policies, and code changes was anticipated to take. Ms. Muir responded that the attachment included timelines for the options, ranging from six months to three years. Councilor Bettman offered a friendly amendment to make the allocation $120,000 for three years. Councilor Kelly asked if a three-year allocation of funds would make the position difficult to hire for and fill. City Manager Taylor replied that the City did on occasion hire someone with the expectation that they would serve as long as there was a task to do. MINUTES—Eugene City Council June 12, 2006 Page 12 Regular Meeting Councilor Kelly accepted the friendly amendment with the correction that the alloca- tion included $100,000 in ongoing funding for three years and $20,000 in one-time money. Councilor Bettman commented that she could support the amendment but with great reservations. She said when the opportunity siting strategy had first come about, it had been articulated that opportunity siting went hand in hand with the preservation of neighborhoods. She called it a strategy for density that would preserve neighborhoods. She thought it would have made more sense for the position in the City Manager’s recommended budget to have been opportunity siting/infill instead of opportunity siting/ mixed- use centers. Councilor Papé was unsure that this had been vetted well enough. He thought the Planning Commission could have presented this to the Budget Committee earlier. He wondered if this could be handled through a supplemental budget. City Manager Taylor affirmed that a supplemental budget was an option to be considered. Councilor Papé indicated that he favored the intent of the amendment but would not support it at this time. He said he would support adding this position when it had been fully vetted. Councilor Taylor agreed with Councilor Kelly, but did not understand why another FTE position was needed to conduct this work. Ms. Muir responded that the staff proposal had not included additional FTE personnel. Councilor Papé said he would much prefer putting the $70,000 in one-time spending and the $60,000 in annual money now allocated to council office space toward this kind of work or public safety or potholes. He added that he would support the amendment. Roll call vote; the motion passed 7:1; Councilor Taylor voting in opposition. Councilor Papé, seconded by Councilor Solomon, moved to pull $50,000 from the Eugene Celebration and put it back into the General Fund. Councilor Papé said the amendment was not a statement against the Eugene Celebration. He felt the council needed to think of the precedent it was setting. He maintained that the City’s job was to provide venues such as the Cuthbert Amphitheater, Hult Center for the Performing Arts, and the streets that the Eugene Celebration utilized for the event. He thought the council was setting itself up for problems if it supported entertainment for one aspect of the community but not others. He averred that community funds should be kept to building and maintaining the quality condition of existing venues. Councilor Kelly opposed the amendment. He felt the Eugene Celebration was a community-building event. He averred that most people assumed City government supported the Eugene Celebration but there had been no City funding for it since Ballot Measure 47 passed. Councilor Bettman agreed with Councilor Papé but wished to point out that funding for the Eugene Celebration had passed at the Budget Committee level, 11:3. She felt it had been thoroughly vetted. MINUTES—Eugene City Council June 12, 2006 Page 13 Regular Meeting Roll call vote; the motion to amend failed 6:2; councilors Papé and Solomon voting in favor. Roll call vote; the main motion as amended passed unanimously, 8:0. Mayor Piercy called for a break at 9:25 p.m. and reconvened the meeting at 9:34 p.m. 8. ACTION: Resolution 4881 Reaffirming the City’s Commitment to the Protection of Human Rights as Ex- pressed in Council Resolution No. 4589 Councilor Solomon, seconded by Councilor Ortiz, moved to adopt Resolution 4881 reaffirming the City’s commitment to the protection of human rights as expressed in Council Resolution No. 4589. Human Rights Program Director Greg Rikhoff stated that the resolution before the council was a reaffirmation of an ordinance passed in 1999. Mayor Piercy read Resolution No. 4881 into the record. She said one reason it was important to bring this resolution forward was because the country was having a very emotional discussion on immigration. She underscored the importance of people being able to express their views and feel safe and respected. Councilor Ortiz shared her pride in the City for reaffirming this resolution. She said it was a scary time for people who were immigrants or people who were not white. She felt it was a good time to make this statement. Councilor Papé wished to recognize the City’s Human Rights Commission and Mr. Rikhoff and his staff. He was very proud of them. He underscored his support for the resolution. Councilor Kelly thanked the Mayor, the Human Rights Commission and the community at large. Roll call vote; the motion passed unanimously, 8:0. MINUTES—Eugene City Council June 12, 2006 Page 14 Regular Meeting 9. ACTION: 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, 9.6796, and 9.6797 to that Code; and Providing an Effective Date Councilor Solomon, seconded by Councilor Ortiz, moved to amend the proposed or- dinance 9.6792(2)(a)3 to read “A partition – tentative plan (EC 9.2815 or 9.8220)” and 9.6793(2)(a)3 to read “A partition – tentative plan (EC 9.8215 or 9.8220).” Roll call vote; the motion to amend passed unanimously, 8:0. Councilor Kelly, seconded by Councilor Papé, moved to reject as part of the record all arguments, evidence, and other testimony received since the close of the record on May 22, 2006, and to direct the City Manager to retain that information for use in a future work session to be scheduled later this year on possible amendments to the stormwater development standards ordinance and related work. Councilor Bettman conveyed her hesitation to support the amendment. She thought many of the issues raised in testimony had not been adequately addressed in the findings. She said she had been thinking of asking for a postponement. She felt it was such a “broad umbrella” of standards that she did not believe the City was making a good attempt to build sustainable procedures into this ordinance. She commented that though she appreciated the intent of the motion, she would vote against it. Councilor Papé supported moving ahead with this motion. Councilor Kelly said the reason he offered the motion was that the ordinance before the council for adoption would add many water quality protections that did not currently exist. He preferred, given the level of current development, to put the ordinance in place now and then build upon it. He shared his other concern which was that it would not be an expedited process should standards be reopened for revision. Councilor Kelly suggested that staff refer to a presentation on building a green infrastructure made in July 2000 by then-City Engineer, the late Les Lyle, for the proposed work session. Councilor Taylor preferred to postpone the main motion. She was concerned that passage of the ordinance would cause the council to forget about the River Road/Santa Clara situation and put it off. Councilor Taylor thought the City already had an ordinance which specified that a person could not allow drainage from their property to go to an adjacent property. City Manager Taylor asked Development Review Manager Peggy Keppler to respond to Councilor Taylor. Ms. Keppler explained that the current stormwater standards did require that for each lot brought in for development it be shown where stormwater would go and an approved point of discharge provided. She assured Councilor Taylor that this would not change. Councilor Papé observed that there was a lot work to do in the River Road/Santa Clara area and averred that the work before the council should not be held up on its account. He asked if the County would be involved in that area because so much of the land there was still under its jurisdiction. Civil Engineer for the Public Works Department, Therese Walch, responded that the County was involved with the City in MINUTES—Eugene City Council June 12, 2006 Page 15 Regular Meeting completing the River Road/Santa Clara Basin Plan. She said it would be completed over the next several months in collaboration with the County because of the jurisdictional issues. In response to a follow-up question from Councilor Papé, Ms. Walch assured the council that the ordinance before them would not have an impact on the work being conducted on the River Road/Santa Clara Basin Plan. Mayor Piercy supported moving forward with the ordinance. She thought it would provide better protection from pollution. She also wished to stress to the council and the public that she would work to ensure that the work session on this issue would happen in a timely fashion. Councilor Bettman reiterated that there was a reduction in operations and maintenance costs with green infrastructure as opposed to “pipe and fill.” Councilor Taylor asked if the council could have any assurance of how soon the follow-up would happen. Mayor Piercy stated that it was a simple matter of scheduling. City Manager Taylor responded that the motion made it clear staff would bring back information to deal with things such as open drainage systems and the stormwater basin plans. He noted that the River Road/Santa Clara Basin Plan would not likely be completed before the end of December. He believed there was a tentative date for October to discuss a companion ordinance. In response to a follow-up question from Councilor Taylor, City Manager Taylor affirmed that the council did not have to wait for the completion of the basin plan for the companion ordinance. Roll call vote; the motion to amend passed, 7:1; Councilor Bettman voting in opposi- tion. Councilor Solomon, seconded by Councilor Ortiz, moved that the City Council adopt Council Bill 4922, as amended, an ordinance concerning stormwater provi- sions. Councilor Bettman, seconded by Councilor Taylor, moved to amend Section 4 of the proposed ordinance to replace the 3,000 square foot threshold with a 1,000 square foot threshold. Councilor Bettman asserted that there were many properties that were exempt from the standard. She said it sounded to her as though the 3,000 square foot number had been picked by staff. She hoped the council could tighten up standards enough so they would be applied to situations where they were necessary without being overly regulatory. She felt a 1,000 square foot threshold was a good compromise. Ms. Keppler stated that since the preparation of the AIS, staff had conducted a query on the changes in impervious surfaces over the last calendar year. She said they estimated that by reducing the square footage from 3,000 to 1,000, it would increase the number of permits that would potentially reduce pollution from 65 percent to 78 percent. In response to a question from Councilor Papé, Ms. Keppler explained that the water would have to be treated before it left a site according to this ordinance. MINUTES—Eugene City Council June 12, 2006 Page 16 Regular Meeting In response to a question from Councilor Kelly, Ms. Keppler clarified that 3,000 square foot threshold only applied to a development permit outside of the land use. Councilor Kelly surmised that any partition would have to address this issue. Ms. Keppler responded that the City was giving encouragement to incorporate some green infrastructure into development. Councilor Kelly ascertained from Ms. Keppler that a single-family home was exempt from this require- ment. Ms. Keppler added that the City was giving encouragement to single-family housing development to incorporate some green infrastructure into building practices. Councilor Kelly asked what sort of feasible things he could do if he intended to pursue development of a fast food restaurant with 1,000 square feet of impervious surface. Ms. Keppler replied that he could build infiltration planters, a green roof, pervious pavement, and treat water using flow-through planters. Councilor Kelly indicated he would support the amendment. Councilor Bettman said if she thought she could have gotten support to include single-family homes she would have done that as well. She asserted that a 12,000 square foot home would be exempt. In response to a question from Councilor Papé, Ms. Keppler explained that when a person came in for a permit, he or she either applied for a residential or commercial permit. She said even a basketball court would not be exempt from the code because the code specified that only one- and two-family residential permits would be exempted. Councilor Papé asked how a road or driveway would be treated under this provision. Ms. Keppler replied that the site development permit would require the pollution reduction under this ordinance. Councilor Papé wondered why staff had not recommended the threshold be set at 1,000 square feet. Ms. Keppler responded that the recommendation for the 3,000 square foot threshold had come out of the Stormwater Advisory Committee of 2000; it was also the threshold at which SDC credits were being considered. Roll call vote; the motion to amend passed 6:2; councilors Poling and Solomon vot- ing in opposition. Roll call vote; the main motion passed unanimously, 8:0. The meeting was adjourned at 10:05 p.m. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Ruth Atcherson) MINUTES—Eugene City Council June 12, 2006 Page 17 Regular Meeting ATTACHMENT C M I N U T E S Eugene City Council Work Session McNutt Room—Eugene City Hall June 14, 2006 Noon COUNCILORS PRESENT: Jennifer Solomon, Andrea Ortiz, Bonny Bettman, David Kelly, Gary Papé, George Poling, Chris Pryor, Betty Taylor. A. COMMITTEE REPORTS AND ITEMS OF INTEREST FROM MAYOR, CITY COUNCIL AND CITY MANAGER Her Honor Mayor Kitty Piercy called the meeting of the Eugene City Council to order. Ms. Piercy displayed a life-size cutout of herself that was produced by Imagine Graphics at its grand opening the previous week. She said that Imagine Graphics was a good example of how the local enterprise zone helped a local company relocate, enhance a neighborhood, and expand by doubling the number of employees. She attended the Martin Luther King Jr. Education Center graduation and was pleased to announce that Fleet and Radio Operations Supervisor Jim Glover was recognized for providing work experience opportunities for students. She noted a recent article in the business section of The Register- Guard that highlighted the City’s green building initiative and a local project. She invited councilors to view paintings hanging in her office by local artist Martin Sage. Ms. Solomon said she attended the We Are Bethel Celebration with Ms. Ortiz and the event was very successful. She noted an article in the City Council newsletter about a work party at Golden Gardens Park and commended those involved for a remarkable job. She said the first official park planning meeting for Golden Gardens was held the previous evening and there were over 30 people in attendance. She expected that a plan for the park would be in place by fall. She thanked councilors for their support of the project. Ms. Taylor reported she attended the June 13, 2006, Lane Regional Air Protection Agency (LRAPA) board meeting and most of the discussion was on the budget, although there was some discussion of odors from J.H. Baxter and from automobile exhaust. She hoped that more could be done to regulate automobile emissions. She noted that there was an overflow crowd at a Southeast Neighbors meeting the previous meeting and felt that newsletters were responsible for attracting people to the meetings. She said she was saddened by the recent death of John Hire, general manager of Sanipac. She said he was always extremely helpful to her constituents with garbage collection concerns. Mr. Kelly said he was also shocked and saddened by John Hire’s death and had enjoyed working with him over the years. He reported that he and Ms. Piercy presented Eugene’s draft resolution on the West Eugene Parkway to the Metropolitan Policy Committee (MPC) at its June 8, 2006, meeting. He said some members were supportive but he was concerned by the response from the Oregon Department of Transportation (ODOT). He said ODOT director Matt Garrett and Oregon Transportation Commission member Randy Papé were both negative about their willingness to have a discussion, but the door was not closed. He said MINUTES—Eugene City Council June 14, 2006 Page 1 Work Session the resolution would come before the MPC for a vote at its July 2006 meeting and he was hopeful about the outcome. Mr. Papé commented that John Hire was a first-class individual and would be missed. He said that the McKenzie River Trust and McKenzie Watershed Council hosted a visit by Oregon Fish and Wildlife deputy director Marshall Jones to view the Willamette River corridor and Green Island at the confluence of the McKenzie and Willamette rivers. He said Mr. Jones was excited about the potential of joining Green Island with the Finley Reserve near Corvallis and obtaining additional resources. He urged councilors to advocate for the project to Oregon’s congressional delegation . He said the McKenzie Watershed Council was concerned about development in the Horseshoe Bend area by McKenzie Bridge. Ms. Bettman encouraged councilors to accept the invitation from McKenzie River Trust to tour Green Island on June 28, since the council meeting for that date was canceled. She noted that the Eugene- Springfield Metropolitan General Area Plan (Metro Plan) process was being opened and requested a definitive memorandum from staff about whether it was possible to address the housekeeping changes made during the last Metro Plan amendments process that resulted in making sections of the Jefferson-Westside neighborhoods vulnerable because of adjustments to map boundaries. She asked for information on how to proceed in sufficient time to take action. thth Ms. Bettman asked if there was a way to avoid closing Hilyard Street between 13 Avenue and 24 avenues when the project to reconstruct the roadbed was underway. She said the closure could have a significant impact on small businesses in that area. She stated that currently the City required neighborhood residents who participated on a neighborhood board to sign a waiver assuming liability to use any public facility. Noting that the City is self-insured, she asked whether responsibility could be covered so it was not an obstacle to participating in or holding neighborhood events. Mr. Pryor said he attended a 100% Access Coalition meeting at Lane Community College (LCC) and was pleased at the discussion of successes and progress in accomplishing goals through an integrated, unified effort of private and community partners. He said the Human Services Commission budget hearing in May 2006 went very well but too few commissioners were present to conduct a vote so that would occur at the June 19, 2006, meeting. He said there was great appreciation for the contributions from government partners. He said the Churchill Neighbors had new leadership that was breathing life back into the organization. He said there were a number of legislative issues and initiatives that would require close monitoring by the City. Ms. Ortiz thanked Ms. Taylor and LRAPA for their attention to J.H. Baxter and automobile emissions, both of which impacted her constituents. She agreed with Ms. Solomon that the We Are Bethel Celebration was a great success. She spoke at the Charter Network School graduation and thanked Ms. Bettman for recommending her. She applauded the efforts of non-traditional schools. She said the LCC English as a Second Language (ESL) program was grateful that the council reaffirmed its commitment to human rights. She remarked that there was a good dialogue on the City Hall complex at a recent Downtown Neighborhood Association meeting. City Manager Taylor invited councilors to attend the July 7, 2006, farewell for Fire Chief Tom Tallon at 3 nd p.m. at the 2 and Chambers facility. He also invited councilors to the grand opening of River Play at noon on July 8. MINUTES—Eugene City Council June 14, 2006 Page 2 Work Session B. WORK SESSION: Judicial Evaluation Ms. Piercy welcomed Municipal Court Judge Wayne Allen and conveyed the council’s appreciation for the results of the recent judicial evaluation. Ms. Bettman congratulated Judge Allen on an excellent evaluation. Ms. Piercy commented that it was clear during an earlier discussion of the evaluation that there was a growing burden on the court system as it picked up some of the slack from Lane County. She asked Judge Allen for his perspective on the situation. Judge Allen said that Eugene had by far the largest municipal court in the State and the issue for the council over the next two or three years was to determine the court’s purpose. He said it was appropriate for the court to assume the extra cases, which changed it from a traffic court to a quality-of-life court, but that placed a considerable strain on resources. He anticipated more difficult cases as the population grew and the Police Department hired additional officers. He said that difficult cases were those involving behavior modification instead of simply imposing a fine or sanction. He used the mental health court as an example of an effort assumed by the Municipal Court that required a tremendous amount of resources and would continue to expand; however, it was very successful in changing the behavior of chronic offenders with mental health issues. He said those offenders were stabilized, no longer appeared in court regularly and had a chance at a reasonable life. He hoped the court would not get to the point where it could not continue with mental health court or the docket was far in arrears because of lack of staff, time or space. Continuing, Judge Allen noted that while the Police Department added 13 officers over the last six years, the court added only one staff person. He said the increasing number of diversion programs, while a benefit to the community, also placed a strain on court resources. He said while the courtroom remodel provided a more appropriate setting, the court still lacked adequate space to conduct its business. He urged the council to consider the court’s need for interim space when a decision was made about a new city hall. He said the 40 percent no-show rate at court was due in large part to the lack of sanctions because there was no space in the jail for pre-trail holds; the City currently rented 17 beds at the jail from the County, but greater capacity was needed to reduce the no-show rate. He said that work crew assignments reached capacity and no new referrals could be made until August, which meant there was a delay in working off fines and satisfying other judgments. He did not feel that Springfield’s approach, which would only house people and not include alternate programs, would be effective for Eugene. Judge Allen acknowledged that there might not be immediate solutions to the problems he identified but encouraged the council to take them into consideration. Ms. Taylor asked how much time the court spent on animal control issues and what constituted a quality-of- life case. Judge Allen said very little time was spent on animal control and clarified that quality-of-life cases included things such as automobile break-in, theft, assault, disorderly conduct, and harassment. Mr. Kelly commended the mental health court and noted that even the defendants who responded in the judicial evaluation reported that they were well-treated and that court staff was helpful. He asked if Judge Allen and the court staff were engaged in any strategic planning activities that could be used during the City’s budget process. Judge Allen said that staff was engaged in determining court needs for planning purposes. He said the current focus was on the court’s location and that would affect other considerations. City Manager Taylor added that a discussion of court issues was part of a larger discussion with the County on the criminal justice infrastructure. He said if the County placed a public safety measure on the ballot it would be appropriate to hold that discussion after the outcome was known. MINUTES—Eugene City Council June 14, 2006 Page 3 Work Session Court Operations Supervisor Kristie Hammitt stated that Municipal Court staff had just completed a 15- year vision for the court that would facilitate strategic planning efforts. She said that use of new technology would streamline court operations. Mr. Kelly said that construction of a new city hall or remodeling of the current one was several years in the future and asked if the City was in contact with the General Services Administration about use of space in the current federal building once the new courthouse was completed. Assistant City Manager Jim Carlson replied that the City had been discussing use of the court space within the federal building once the federal courts relocated to the new building in October 2007. He said staff was actively pursuing that space for Municipal Court, at least on an interim basis. Mr. Poling thanked Judge Allen and his staff for their efforts. He asked if the Municipal Court was a “court of record.” Judge Allen said that being a “court of record” meant that all proceedings were either recorded by a stenographer or taped. He said while there was a record of his statements and actions, to be a court of record was expensive and done for the purpose of eliminating the ability of people to appeal from Municipal Court to Circuit Court and request a new trial unless a legal error could be identified. He said there were very few appeals from Municipal Court and there did not appear to be a need to be a court of record. Mr. Poling asked if that need might increase, given the increasing number of difficult cases. Judge Allen agreed that the issue should be revisited in the future. Mr. Papé commented that the evaluation spoke well to the effectiveness of the court and professionalism of Judge Allen and his staff. He appreciated Judge Allen’s comments on the problems faced by the criminal justice system. He was concerned that the problems were not yet apparent to the general public and hoped the judge would continue to be vocal about them. Ms. Piercy suggested that the council’s Committee on Intergovernmental Relations might have a role in raising those issues and the need for resources to the legislature. C. EXECUTIVE SESSION Ms. Piercy called the council into Executive Session at 12:45 p.m. for the purpose of consulting with counsel regarding current litigation or litigation likely to be filed pursuant to ORS 192.660(2)(h). The meeting adjourned at 1:30 p.m. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Lynn Taylor) MINUTES—Eugene City Council June 14, 2006 Page 4 Work Session