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HomeMy WebLinkAboutCC Minutes - 06/12/06 Meeting 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. MINUTES—Eugene City Council June 12, 2006 Page 2 Regular Meeting 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 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 Ms. Jackson had a right to say whatever she wanted during a public forum, 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 MINUTES—Eugene City Council June 12, 2006 Page 3 Regular Meeting 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 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 reduction in SDCs that would be the result of the proposed credits in 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. MINUTES—Eugene City Council June 12, 2006 Page 4 Regular Meeting 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. 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. MINUTES—Eugene City Council June 12, 2006 Page 5 Regular Meeting 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. 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 MINUTES—Eugene City Council June 12, 2006 Page 6 Regular Meeting 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 present 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. Urban Renewal Agency President Solomon, seconded by Vice President 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 FY06 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 the 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 and final meeting of the committee and a public hearing was held on May 15. She stated that nearly all items had been recommended as proposed by the City Manager. Two exceptions were the $1.5 million for paying off Fire Bonds, which was allocated to transportation system improvements instead, and $100,000 for neighbor- hoods that had been switched from one-time 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 been persuaded 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 an additional 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 for its work. 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 all the County residents in River Road/Santa Clara. He expressed appreciation for the in-depth discussions 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 Commis- sion’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. MINUTES—Eugene City Council June 12, 2006 Page 9 Regular Meeting 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. 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 single room with partitions. He asserted that councilors spent 20 to 50 hours per week on City business 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 some- th where in City-owned space, such as in City Hall, the Atrium Building, 858 Pearl Street, 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 appoint- ments, 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. MINUTES—Eugene City Council June 12, 2006 Page 10 Regular Meeting 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 the 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. 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 City Council and constituency 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- MINUTES—Eugene City Council June 12, 2006 Page 11 Regular Meeting 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. 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). PDD Director Susan Muir stated that the original City Manager’s budget recommendation was the PDD proposal made in the past based on a council 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 the components outlined in the motion. Councilor Bettman asked for Ms. Muir’s interpretation of the content of the proposed position. 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 Commission, 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 prioritiz- ing the most at-risk neighborhoods and identifying protection measures that were general for broad citywide neighborhood by neighborhood approaches. MINUTES—Eugene City Council June 12, 2006 Page 12 Regular Meeting 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. 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 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 MINUTES—Eugene City Council June 12, 2006 Page 13 Regular Meeting 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. 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 MINUTES—Eugene City Council June 12, 2006 Page 15 Regular Meeting the Public Works Department, Therese Walch, responded that the County was involved with the City in 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. MINUTES—Eugene City Council June 12, 2006 Page 16 Regular Meeting 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. 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 MINUTES—Eugene City Council June 12, 2006 Page 17 Regular Meeting (Recorded by Ruth Atcherson) MINUTES—Eugene City Council June 12, 2006 Page 18 Regular Meeting