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HomeMy WebLinkAboutCC Minutes - 03/07/05 Mtg MINUTES Eugene City Council Regular Session Council Chamber--City Hall March 7, 2005 T30 p.m. COUNCILORS PRESENT~ George Poling, David Kelly, Betty Taylor, Jennifer Solomon, Chris Pryor, Andrea Ortiz, Bonny Bettman, Gary Pap6. Mayor Kitty Piercy called the meeting of the Eugene City Council to order and welcomed all those present. 1. PUBLIC FORUM Mayor Piercy noted that 23 people had signed up for the Public Forum and asked them to be prepared to speak for only two minutes due to time constraints. She reviewed the rules of the Public Forum. George Victor Stathakis, 935 West 8th Avenue, asked the council to take time in considering the low- income housing project planned for the site adjacent to the WOW Hall. He advocated for allowing local talent to take over the Ridenour Building. He alleged that otherwise, out-of-town developers would receive local tax dollars to build the housing project. Charles Biggs, 540 Antelope Way, cited three projects that the draft Capital Improvement Program (CIP) listed in two places, along with proposed budget allocations. He hoped the money had not been allocated twice. He also commented that $29 million seemed a high projection for a new City Hall. Mr. Biggs said he lived in a node and enjoyed the ability to bicycle and shop where he needed. He hoped all future nodes would also provide ready access to shopping and easy access to services by bicycle. Terry Froemming, 2886 Bailey Lane, representing the Harlow Neighbors Association (HNA), stated that the HNA provided a packet of information for the councilors. He noted that it included a colored map of a proposed future node. He explained that an area, printed in red, delineated the proposed Chase Village Medical Park, consisting of two buildings totaling 110,000 square feet and 600 parking spaces. He opposed the proposal because it would not be compatible with residential uses. He predicted that it would become a traffic area to be avoided by day and a lifeless dead zone by night. He asked the council to help the neighborhood by opposing the medical park. Marian Spath, 533 Covey Lane, stated that she lived in the Chase Gardens node. She related that she had lived in a node in Seattle in which she could easily walk to the post office, grocery store, and more. She said that one of the reasons she had purchased her home in 2003 was that the neighborhood had been promised a grocery store. Now, she explained, the land originally planned for such a store was to become a large medical complex with parking. She urged the council to consider the neighborhood's plea for a grocery outlet. MINUTES--Eugene City Council March 7, 2005 Page 1 Regular Session Jack Radabaugh, 1361 Luella Street, chair of the Harlow Neighbors Node Committee, said the neighborhood had been trying to get a grocery store in the area for a long time. He recalled his participation in the nodal planning process several years earlier. He reiterated the neighborhood's objection to the medical complex. He underscored that a grocery store would improve the living conditions for all of the area residents, who now drove four miles for services. He conveyed the committee's recommendation that the council at least consider a compromise on the conflicting proposals. John Saemann, 1775 Adkins Street, provided testimony from Ray Wolfe. He said Mr. Wolfe lived at 1473 Luella Street. He explained that Mr. Wolfe had served on the City Council Advisory Committee on the West Eugene Enterprise Zone in 1997 and had written the minority report. He felt that many of the problems from 1997 still existed. He relayed Mr. Wolfe's assertion that the cost effectiveness of an Enterprise Zone was still questionable. He urged the council to study the review document he had submitted on Mr. Wolfe's behalf. He related that Ed Whitlaw of Eco Northwest had stated that Eugene's problems were due more to growth than from a lack of it. He asked that Dr. Whitlaw be consulted again. He submitted Mr. Wolfe's testimony in writing. Kate Perle, 4740 Wendover Street, spoke on behalf of the Santa Clara Community Organization Executive Board. She shared a letter from the Santa Clara Community Organization (SCCO) that registered the organization's opposition to "what has come to be called the McDougal Land Swap." She reported that two meetings with alleged attendance of nearly 100 people had resulted in a motion to oppose the land swap. This motion was passed. Jake Pippin, 88465 Periwinkle Road, Springfield, thanked the council for listening. He said he wished to bring teen suicides to the attention of the community. He explained that Thurston High School had mounted a play called Sleepwalk by William Mastrosimone, who also wrote Bang Bang You're Dead, in which he played the lead. He thanked Mayor Piercy in particular for attending the opening night. He stated that the play sought to get the word out that suicide was an emerging issue and that suicide took more teen lives than any natural causes. He called this a staggering figure, noting that the goal of the play was to raise awareness. He shared that the school production had been invited to perform at the Washington Thespian Festival, the Oregon State Festival, and to the Fringe Festival in Edinburgh, Scotland. Nathan Miller, 4565 Holly Street, Springfield, said the effect the play Sleepwalk had on audience members was profound. He noted that a special performance had been put on for the students of Thurston High School and kept the audience spellbound for the entire show. He shared his excitement in being able to go to Scotland and participate in the Fringe Festival. He said a benefit concert featuring Paul Biondi was being held on March 10, to help the students get to Scotland. He hoped to get the word out to everyone. Paul J. Biondi, PO Box 609, Veneta, shared his enthusiasm for the Thurston High School students' production of Sleepwalk. He explained that he had put together the March 10 benefit, featuring two bands. Local television station KVAL helped with publicity. He related that other fundraising events were being planned, including a dinner event with a silent auction planned for April. He stated that students had raised $20,000, but needed to raise $60,000. He conveyed his deep pride in this "little school from Oregon" that would be representing the United States in Scotland and in the students for taking on an issue that needed attention. MINUTES--Eugene City Council March 7, 2005 Page 2 Regular Session Ellen Hyman, 3863 Dorchester Lane, spoke regarding the survey on urban growth boundary (UGB) expansion. She related that feedback thus far indicated that the survey was too long and that some people felt it was biased in favor of the expansion. She said a Santa Clara resident wanted to be called for the survey and was told she would not be contacted because her name was on a sign-up sheet at one of the City- sponsored park meetings. She wondered why this person would be excluded. She shared that a person indicated that he was called for the survey and was told the upper age limit was 65 years of age and that he was too old. Ms. Hyman reported that the Santa Clara Committee for Sensible Parks and Open Spaces distributed its surveys as an insert in The Register-Guard. Out of 466 respondents, 96 percent wanted the City to maintain the UGB and supported the purchase of park land within the UGB. She stated that the committee drafted an alternative plan, now submitted to the SCCO for a vote, and hoped to be able to submit the plan to the City Council at its next meeting. David C. Woods, 953 West 8th Avenue, echoed Mr. Stathakis' comments regarding development adjacent to the WOW Hall. He questioned the wisdom of giving a developer ~free property and tax breaks" when others could develop the property and keep it on the tax rolls. He wondered what guarantee there would be that the legality of the WOW Hall's agreement with the developers and future residents of the building would not be overturned in court. He asked why a ~perfectly sound" building that insulated the WOW Hall from noise should be destroyed. He requested that a series of public meetings be held to increase public input in this process. Mort Hyman, 3683 Dorchester Lane, indicated that a traffic engineer from the City of Eugene spoke at the last meeting of the SCCO. He did not feel the engineer was very helpful. He said people asked questions about narrow streets with parking on both sides and about the bottle-neck at River Road, River Avenue, and Beltline Road. He also heard some questions regarding the seeming lack of timing between traffic lights. He noted that the traffic engineer was quick to point out that some parts of that area were governed by the City and some by the County, and suggested that some problems needed more attention from public safety officers than from traffic engineers. He asked that someone on the council make a motion to obtain information on the traffic issues and frustrations in Santa Clara. He hoped this would be addressed before traffic was exacerbated by a UGB expansion. Ethen Perkins, 2410 Monroe Street, testified on the proposed Enterprise Zone. He desired the biological diversity of the zone to be maintained. He said he had been studying the Fender's Blue Butterfly and Kincaid Lupine habitat issues and how to define and set up criteria for them to conduct habitat restoration. He hoped that, in the course of setting up enterprise zones, potential habitats for these endangered organisms would be identified and incentives provided to conduct restoration within the zone. He said that he had personally benefited from an enterprise zone and thought such a process was completely feasible. He suggested extending enterprise zones to those who were willing to set aside some land to enhance habitat for endangered species. Zachary ¥ishanoff, Patterson Street, was puzzled about why the Santa Clara survey did not include the opinions of older persons. He attributed this to social engineering. He recommended the councilors read an essay called The Curse of the Creative Class, available on line. Mr. Vishanoff asked why the council was not organizing a public process for the proposed basketball arena. He thought a project of that magnitude warranted attention. MINUTES--Eugene City Council March 7, 2005 Page 3 Regular Session Misha Seymour, 1313 Lincoln Street, #307, called the City of Eugene "Enron 'r' Us." He sang a song about poor people not having enough money. He said the City should provide more money to support the arts. He noted that people were not allowed to sleep for more than 30 minutes at the Eugene Public Library and registered his objection to that rule. Scott Bartlett, 1445 East 21st Avenue, thanked the City Council for its continuing effort to keep a hospital in South Eugene. Mr. Bartlett supported the ordinance that would require rabies vaccination reporting. He said it would create an expanded database and bring in additional revenue. He reported that the Lane Board of County Commissioners allocated five percent of its licensing revenue for subsidized spay and neuter services for the pets of low-income people, pointing out that they often do not have the funds for such a procedure. Kathy Ging, 2878 Harris Street, stated her opposition to the mixed-use development planned to be built next to the WOW Hall. She thought it would concentrate too many people too close to the WOW Hall and the uses were bound to conflict. She alleged that a "prominent Eugene architect who was president-elect of the City Club" was quoted as saying she did not think the site was appropriate for low-income housing. She asserted that the City was intent on having a "really big project" and sought proposals with maximum density housing as a principle criterion. She related that she had, as an experiment, called seven WOW Hall members and asked them how they felt about this development and, according to her, they were all opposed. She said she was genuinely concerned about this development. She thought it would be more expensive to build the apartments on that site, that the apartments were not designed for families with children, and that the people who need the help would not get it. She found no other HUD housing projects that were built next to a music hall. She predicted the WOW Hall would remain subject to police action, even after noise attenuation measures were included in the building. Sharon Olson, 277 North Grand Street, supported the Santa Clara community park land swap proposal. She saw considerable benefits in the proposal, which she felt would provide a park that would be a "great asset" to the community while providing a link in the Ridgeline Trail in the Laurel Hill Valley. She recognized there were concerns that needed to be addressed regarding annexation and the potential increase in traffic. But she questioned whether there was a reasonable amount of park land within the UGB and whether there were other land owners willing to sell their land in Santa Clara. She also wondered if the City would lose the chance to buy the Laurel Hill site. She believed the City and the Santa Clara area could work together and continue to evaluate the costs and benefits of this option and others. Charles Peters, 2435 Potter Street, a member of the Community Center for the Performing Arts (CCPA, also known as the WOW Hall), wished to apologize for the alleged campaign of misinformation by two of the members, intended to derail the proposed low-income housing project. He recognized that the council had heard all of the arguments, both both for and against the proposal, and believed the council would make the right decision. He thought the process could have been enhanced by having a public hearing earlier in the process. Rob Handy, 455-½ River Road, speaking on behalf of the Railroad Pollution Coalition, advocated for a public planning process for the Union Pacific rail yards. He also wished to attain the best possible clean-up process for the pollution emanating from the rail yards. He hoped the City would support economic redevelopment that would be compatible with surrounding neighborhoods. He said the HOPES Conference, MINUTES--Eugene City Council March 7, 2005 Page 4 Regular Session scheduled for April 8 - 10 at the University of Oregon, included a design charette for future redevelopment of the rail yards. He noted that the coalition was hosting a number of community meetings that sought to inform the public and to gather ideas. He announced that a larger meeting would be held on March 30 at the Red Cross office, located at 862 Bethel Drive, and invited the council to join the process and brainstorm with area residents. He stated that the results from the design charette would be announced on April 8 at 5 p.m., and that Mayor Piercy would be one of the judges. Carol McBrian, 1875 West 15th Avenue, said she learned from parenting and teaching that it was easier to set up a situation that would avoid disaster than it was to remedy disaster. She opined that building low- income housing next to the WOW Hall was a recipe for disaster. She thought the concerts at the WOW Hall could cause conflicts with people living next door. She recommended holding a public hearing and gathering input on development of the adjacent property so that future problems could be avoided. David Helton, 878 Glory Drive, noted that he prepared the economic analysis on the proposed Santa Clara land swap for the City, though he was speaking for himself before the council. He felt opponents of the swap used inflammatory language, such as calling it the "McDougal land swap." He hoped that the decision on whether to undertake the swap could be made on a more rational basis. He commented that thousands of people moved into the neighborhood and needed park space. He said the City needed more community park land now and needed to make investments when it could. He underscored that the community would continue to grow and the area was going to continue to develop with or without the land swap. He supported making investments to increase the quality of life. He thought the City had three choices at present: 1) to go forward with the land swap and get a free park; 2) to condemn the land followed by a legal court battle; or 3) to not do anything and development would ultimately occur with no park at all. In response to concerns that the change in UGB for a development would set a precedent, he hoped it would set a precedent and that every land owner who wanted to bring land into the UGB would be willing to donate land for parks and schools. Jonathan Pincus, 590 West 12th Avenue, #5, wished to clarify his comments at the last Public Forum. He recalled that he advocated for holding a public hearing or a format for examining the West 8th Avenue project and the Eugene-Springfield Metropolitan Area General Plan using more than one criterion. He wished to underscore that he had no financial interest in the building. He only advised the people submitting one proposal regarding the process of assessing the structural integrity of the Ridenour Building and its viability for renovation. He felt it was a well-documented process that included a code search, examination of all of the previous building permits, and a walk-through by the City's Plan Check Supervisor. Regarding the latter, he related that the supervisor had suggested that no further seismic upgrades or fire safety upgrades would be necessary. He felt the information submitted had been very accurate and asked that the council take into consideration all of the possibilities. Ruth Wren, 1285 McLean Boulevard, requested a public hearing for the planned development on West 8th Avenue. She opined it was obvious that building an apartment building next to a music hall would create conflict. She predicted the response to the conflict could be to curtail activity at the WOW Hall. She did not think that the planned noise mitigation would be enough. She commented that young people needed a place like the WOW Hall to gather. Wren Davidson, 2295 Riverview Street, said she lived in Eugene for 25 years and her child had grown up sleeping under the bleachers of the WOW Hall while she listened to music. She felt that the 8th Avenue MINUTES--Eugene City Council March 7, 2005 Page 5 Regular Session development was on a %ollision course" with the music hall. She said the WOW Hall had been a part of the community for a long time and asked that there be a public hearing on the planned development. Continuing, Ms. Davidson shared that she heard Dr. Samuel Epstein, author of Cancer Gate, speak at the Environmental Law Conference. She supported the Toxics Right-to-Know Law, stating that cancer is epidemic and the City of Eugene needed to set an example for the rest of the country. Paul Nicholson, 1855 East 28th Avenue, wished to second comments regarding the WOW Hall, hoping to preserve its function. Mr. Nicholson related that he served on the Council Committee for Economic Development in 1992. He recalled that the committee recommended substantive standards for accountability, such as producing stable family-wage jobs and encouraging companies that had minimal environmental effect. He felt the Enterprise Zone, as proposed, failed miserably to meet those standards. He thought it had no possibility for accountability, as it was largely governed by the State. He said the City of Eugene had a %ad track record" as promoters of economic development. He asked where the 1,000 jobs were that were promised by the University of Oregon when the City authorized the development of the Riverfront Research Park. He asked what happened to the promised ;;downtown renaissance." Mayor Piercy closed the Public Forum and opened the floor for councilor comments and questions. Councilor Pap6 commended the ;;great testimony." He especially appreciated the young people who were participating in the play, Sleepwalk. In response to a question from Councilor Pap6, City Manager Taylor said there were no plans to sell the Union Pacific rail yards, to his knowledge. Councilor Pap6 requested that staff contact Union Pacific and ask what plans it had for the rail yards. He commented that there had been many rumors. Councilor Pap6 recalled that he took dance lessons as a six-year-old at the WOW Hall. He said the function of the WOW Hall had changed over time and might continue to change over time. He felt the future was open to speculation. Councilor Kelly thanked everyone for taking time to testify. He wished to clarify that the West 8th Avenue project was being constructed by local developers who develop only local low-income housing. He explained that while the City created 1,300 units of low-income housing since the late 1980s, there was a need for 5,000 units. He said that if the new development proceeded, it would add 70 units of low-income housing. In response to the assertion that the benefits would not go to the people who need it most, he underscored that federal law mandated low-income living units could only be rented to people who made 41 percent to 57 percent of an area's median income. Councilor Kelly applauded the drama students who were taking Sleepwalk to the Fringe Festival. He wished them luck and indicated that he would attend the benefit. Councilor Kelly, in response to the assertion that someone was rejected for the survey based on age, said he wished to ascertain that the survey in question had yet to be undertaken. City Manager Taylor said he did not know the answer at present, but would find out the status of the survey for the council. MINUTES--Eugene City Council March 7, 2005 Page 6 Regular Session Councilor Ortiz thanked the City Council for the work it had done on the Enterprise Zone. She felt it was a good exercise in give-and-take. She also thanked the students who came from Thurston High School. She said that while she would not be able to attend the benefit, she would post the flyer about it at her place of employment. Councilor Poling thanked the representatives of the Harlow Neighbors Association for their testimony on the Chase Node. He observed that some of the councilors were not fully aware of the magnitude of what was being developed. Councilor Poling wished to make people aware of his intention to create spay and neuter vouchers for companion animals of low-income people, should the ordinance requiring the filing of rabies vaccine certificates be adopted. Councilor Taylor thanked those who testified. She conveyed her regrets that testimony was restricted to two minutes. Councilor Taylor believed there should be a public hearing on anything that is significant or controversial and, therefore, supported holding a public hearing on the planned development for West 8th Avenue. 2. CONSENT CALENDAR A. Approval of Tentative Working Agenda B. Adoption of Resolution 4827 Adopting an Inflationary Adjustment of Systems Development Charges for Local Wastewater System, Stormwater System, and Transportation System; Superseding Administrative Order 58-04-04-F; and Amending Resolution No. 4740 C. Adoption of Resolution 4828 Amending Eugene City Council Operating Agreements and Repealing Resolution Number 4812 Councilor Poling, seconded by Councilor Solomon, moved approval of the Consent Calendar. Councilor Bettman asked to pull Item C. Roll call vote; the motion to approve the Consent Calendar with the exception of Item C passed unanimously, 8:0. Councilor Bettman, seconded by Councilor Kelly, moved to add the words to the Eugene City Council Operating Agreements ~or designated alternate' after the phrase ~formally appointed official City Council representative' to the second sentence of the first paragraph in Section 9.03; and in the next paragraph, the second sentence to add the words ~if possible' at the beginning of the sentence. Roll call vote; the amendment passed unanimously, 8:0. Roll call vote; the main motion passed unanimously, 8:0. MINUTES--Eugene City Council March 7, 2005 Page 7 Regular Session 3. PUBLIC HEARING and ACTION: Resolution 4829 Adopting a Supplemental Budget; Making Appropriations for the City of Eugene for the Fiscal Year Beginning July 1, 2004, and Ending June 30, 2005 Kitty Murdoch, Budget Manager, briefly reviewed the proposed supplemental budget. She explained that it requested approximately $1 million of expenditure authority. She noted that it included the revenue brought about by the two-cent-per-gallon increase in the gasoline tax. Mayor Piercy opened the public hearing. Seeing no one who wished to speak, Mayor Piercy closed the public hearing. Councilor Poling, seconded by Councilor Solomon, moved to adopt Resolution 4829 adopting a Supplemental Budget; making appropriations for the City of Eugene for the fiscal year beginning July 1, 2004, and ending June 30, 2005. Roll call vote; the motion passed unanimously, 8:0. 4. ACTION: FY06-FYll Draft Capital Improvement Program Councilor Poling, seconded by Councilor Solomon, moved to adopt the FY06-FY11 Capital Improvement Program incorporating the recommendations forwarded by the Budget Committee and staff. Councilor Pap~ said he had been concerned about the money spent on the River House remodel during the previous year and, as such, he did not think more money should be spent on it at this point. Councilor Pap~, seconded by Councilor Solomon, moved to remove the River House expansion project from the Capital Improvement Program (CIP). Councilor Kelly echoed Councilor Papa's concerns regarding the project, but indicated he would not support removing it from the CIP, as it was an unfunded project and not scheduled to be undertaken until 2010. Roll call vote; the motion failed, 6:2; councilors Pap~ and Solomon voting in favor. Councilor Bettman, seconded by Councilor Taylor, moved to amend the FY06-FY11 Capital Improvement Program to modify the description of the FY06 Patterson Street Underpass project to indicate that the project is contingent on the sale of the Eugene Water & Electric Board property to McKenzie-Willamette/Triad Medical Group and its commitment to construct an $85 million hospital on the property. Councilor Bettman averred it was a good idea to document that this project was contingent upon the commitment to build an $85 million hospital at the site. Councilor Pryor indicated he would abstain from the vote on the amendment due to a potential conflict-of- interest. MINUTES--Eugene City Council March 7, 2005 Page 8 Regular Session In response to Councilor Pap6, City Manager Taylor stated that the amendment was iterated in the agreement with the hospital and because of this he was amenable to it. Roll call vote; the amendment passed unanimously, 7:0; Councilor Pryor abstaining. Councilor Bettman, seconded by Councilor Kelly, moved to amend the Policy Guidelines on page 8 of the Capital Improvement Program to add the following three policies: "7. Funding sources that have been identified for a specific project and approved with the adoption of the Capital Improvement Program shall remain the funding source for that project unless a specific exception is directed by the council. "8. Flexible funding available from federal, State, County, and local sources that is eligible will be used to fund maintenance and preservation of existing capital infrastructure, unless a specific exception is directed by the council. "9. New capital projects that are located within the Eugene City limits will be reviewed by the Eugene City Council before inclusion into any regional or multi-jurisdictional project list or plan." Councilor Bettman stated that this amendment was necessary in order for her to vote in favor of the CIP. She reiterated her concerns regarding the Chad Drive extension, which was originally proposed to be funded by assessments and systems development charges (SDCs) but ultimately had become a project to be paid for by assessments and Surface Transportation Program-Urban (STP-U) funding. She wished to be assured that the source of funding for a project would remain the same and if it would be changed, that the City Council would be given the opportunity to approve or deny the change. She reiterated that the council had committed to fund maintenance and preservation projects first. Councilor Kelly enthusiastically supported the amendment. He complimented Councilor Bettman for taking a different approach. He felt that the CIP was a challenging and voluminous document and it was easy to miss something unusual. He said the amendment would not affect projects that were underway. He likened it to taking a "yellow highlighter" and underlining certain projects in order to flag them specifically for the City Council. Councilor Solomon asked City Manager Taylor to speak to the amendment. City Manager Taylor said staff had not received the proposed language in advance of the meeting and would like the opportunity to review the amendment and understand its implications. He was uncertain what the exact meaning of 'flexible' was under proposed Policy 8. He stated that the amendment seemed to be aimed at the City's financial goals and policies and reiterated that he wished to have more time to explore its implications. Councilor Solomon concurred. She preferred to have a lengthier conversation on the proposed amendment. City Manager Taylor cited, as an example, a potential change in funding sources that could occur as a result of the United Front lobby efforts. He asked how this would be handled, should Councilor Bettman's policy changes be approved. He emphasized that these issues would be better dealt with in the context of policies and not as addenda to the CIP on the final night of its adoption. Councilor Pap~ appreciated the intent of the motion. He agreed that the CIP was a complex document. He thought it deserved more attention from the Budget Committee and the City Council. He commented that he assumed some staff time and planning had gone into the numbers included with the projects. MINUTES--Eugene City Council March 7, 2005 Page 9 Regular Session City Manager Taylor underscored that almost every project in the CIP included extensive public planning processes; ideas for projects were never weighed for the first time in the CIP. Councilor Pap~ alleged that there were several projects that the council had not seen before. He asked that a work session be held on how the council would want to work through the draft CIP in the future. Regarding Councilor Bettman's amendment, Councilor Pap~ said he assumed she referred to transportation- related capital improvements. He asked if it was necessary to pass the CIP at the present meeting. City Manager Taylor responded that, while it was not urgent that the council pass the CIP on this night, he hoped it would pass. He felt the amendment as proposed was worthy of further discussion, but that it was related to the City's financial goals and policies and not the CIP. He stressed that this was the last meeting until April 11 and the draft budget was slated to be proposed on April 25. He said it would be difficult to make recommendations without an adopted CIP and council direction on some of the projects for FY06. Councilor Bettman indicated she would not support the CIP because it was a "moving target" and she did not know what was really in it and how it was to be funded. She did not see her amendment as an obstacle because the City Manager already had a projection of what would be included in the capital budget. She suggested he put the projection into the proposed budget and then the council could make changes as necessary. Councilor Bettman affirmed that Councilor Pap~ was correct in assuming that she intended to refer to transportation infrastructure in proposed Policy 8. Continuing, Councilor Bettman said her original approach was a project-specific approach. She had been prepared to propose that STP-U money be removed from the Chad Drive extension and the Monroe/Friendly Bikeway project's STP-U funding be removed, but realized the underlying concern was that there was a lack of council policy direction in the document. She asserted that while the City Manager said projects in the CIP were based on other plans and policies, when she had worked with other plans and policies, staff indicated that the projects were drawn from the CIP. She felt she was unable to "get in there" and have an influence on the decisions. She was amenable to postponement of the discussion. Councilor Kelly offered a friendly amendment to insert the word 'transportation' before the word 'infrastructure' in Policy 8. The maker of the motion accepted the friendly amendment. Councilor Kelly supported the amendment. He felt the amendment informed the CIP and would provide the council with the opportunity to weigh in on changes in funding for the projects. He said if he perceived that the amendment sought to change the financial goals and policies he would not support it. City Manager Taylor read the following from the bottom of the proposed amendment: "In the event that the council adopts the above motion, the City Manager and finance staff will bring to the Budget Committee in the normal course amendments to the City's Financial Management Goals and Policies to incorporate the above." MINUTES--Eugene City Council March 7, 2005 Page 10 Regular Session City Manager Taylor expressed confusion, given what was being said. He asked if the flexible funding cited in proposed Policy 8 meant that General Funds should be allocated for preservation and maintenance. He said he did not understand how this policy would inform the budget or what the words were intended to do in bringing projects forward. He reiterated that he was not opposed to the amendments but wished for more time to consider them and consult with staff. Councilor Kelly surmised that flexible funding meant funding from sources such as STP-U. Councilor Taylor remarked that it seemed to her that the amendments clarified that the councilors should be more involved in the CIP. She felt language regarding flexible funding was clear. Councilor Pryor said on the surface the motion looked sound as it dealt with good communication and good accountability. He thought two conversations were transpiring; one on whether the council should adopt the CIP and its content and the other on what the financial goals and policies should be that impact the CIP. He opined that the latter was a much larger discussion as it created a larger policy impact. He asked if delaying adoption of the CIP would incur a hardship. City Manager Taylor responded that the CIP had been before the Budget Committee and the City Council three times. He hoped that the council could act on the CIP. He shared that he had been impressed with the City's financial management goals and policies and the seriousness with which the City followed them, as demonstrated by the City's sound financial position that showed up in bond ratings and in the annual audits. He reiterated that he needed more time to consider the amendment, as proposed. In response to a question from Councilor Pryor, City Manager Taylor stated that adoption of the current CIP primarily affected FY06. He reiterated that the council adopted a full CIP every two years. Councilor Pryor extrapolated from this that he could vote to approve the CIP at the present meeting knowing that the CIP impacted FY06 and that there were concerns and issues around future years that needed further consideration and more council %heck-ins" on the CIP. City Manager Taylor added that the council would vote on the specific capital improvements projects recommended for FY06 and FY07 through the budget process. Councilor Pap~, seconded by Councilor Kelly, moved to table the amendment and main motion to April 11. Roll call vote; the motion passed, 6:2; councilors Poling and Solomon voting in opposition. 5. ACTION: An Ordinance Concerning the Filing of Rabies Vaccination Certificates; Adding Section 4.403 to the Eugene Code, 1971; Amending Section 4.990 of That Code; and Providing For an Immediate Effective Date Councilor Poling, seconded by Councilor Solomon, moved that the City Council adopt Council Bill 4895, an ordinance concerning the filing of rabies vaccination certificates. MINUTES--Eugene City Council March 7, 2005 Page 11 Regular Session Councilor Taylor moved to amend Section 1 of the Ordinance to add the following new Subsection (5) to Section 4.403: (5) None of the information provided under this section shall be used by the City for purposes of requiring a license to be obtained under Section 4.400 of the Eugene Code, 1971, or to take any other enforcement action requiring someone to give up ownership of dogs based solely on the number of dogs owned. The motion died for lack of a second. Roll call vote; the main motion passed unanimously, 8:0. Mayor Piercy called for a five-minute break. 6. ACTION: An Ordinance Concerning Hazardous Substance User Fees; Amending Sections 3.692 and 3.694 of the Eugene Code, 1971; and Adding Section 3.695 to that Code Councilor Kelly asked the indulgence of the Council President so that he could offer a substitute motion. Councilor Kelly, seconded by Councilor Bettman, moved that the City Council request that the Toxics Board: 1) Study and send back to City Council a refined list of business categories for addition to the Toxics Right-to-Know Program. Such a study should include (but not be limited to) consideration of testimony at the February 14, 2005, hearing, consultation with potentially affected businesses, and inclusion of only those categories that contain some businesses that use more than 2,640 pounds of hazardous substances per year and thus would be reporting. 2) Provide to the City Council an estimate of impact on income and expenses of the Toxics Right-to-Know Program due to the refined list of business categories. 3) Explore opportunities to coordinate the reporting of the current Toxics Right-to- Know program and any expansion with other toxics reporting required by State and federal agencies. Councilor Kelly felt, after the testimony, that he was not prepared to ~vote up or down" the ordinance. He did not think the ordinance reduced the fee inequity enough to make that its main thrust. He supported taking a look at businesses that produce large amounts of hazardous substances but were not in the current program. He wished to be responsive to testimony and ask the Toxics Board to improve and vet the proposal. Councilor Bettman indicated her support for the motion. Councilor Bettman offered a friendly amendment that would include language that underscored the council's continued commitment to pursue legislative changes at the State level. Councilor Kelly accepted the friendly amendment. MINUTES--Eugene City Council March 7, 2005 Page 12 Regular Session Councilor Solomon asked, in the spirit of compromise, that the council ask the City Manager and not the Toxics Board to come back to the council with a process that would arrive at the answers the council sought. She pointed out the ordinance that was proposed for action was the result of the Toxics Board process. She opined that the Toxics Board was an artificially balanced body, as demonstrated by its frequent near-tie votes. Councilor Solomon, seconded by Councilor Poling, moved to amend Councilor Kelly's motion to substitute ;City Manager' for the ;Toxics Board.' Councilor Poling asked if the Toxics Board had, under the City Charter, the authority to take that action. City Attorney Glenn Klein replied that the council had the authority to ask the Toxics Board to undertake the work dictated in Councilor Kelly's motion. City Manager Taylor stated, given that the Toxics Board members were experts on the subject matter, that any process he would bring back to the council would include consultation with the board in an official way. Councilor Pryor said he would not support any Toxics Program expansion that was not based on some sort of authoritative resources or empirical data. He did not think merely taking input from public testimony and affected businesses provided enough information on which to base a decision. He wanted more complete and precise data before he could consider the ordinance. Councilor Kelly opposed Councilor Solomon's amendment because he thought that the City Manager would be part of the information loop regardless. He preferred to leave the Toxics Board in charge. He said the Toxics Board had the benefit of the public testimony and that his motion would give them the directive to consult with affected businesses. He thought the Toxics Board also benefited from the work of its lead staff, Glen Potter, management analyst for the Eugene Fire Department. He added that, ultimately, it was up to the City Council to decide whether an expansion of the program should occur. Mr. Klein affirmed, in response to Councilor Bettman, that the Toxics Board was created by City Charter. Councilor Bettman called the Toxics Board the ~most balanced committee that exists within the City organization." She felt the City benefited from the debate that the Toxics Board had and also from the expertise of the people at the table. She indicated she would not support the amendment. Roll call vote; the amendment to the motion failed, 5:3; councilors Pap~, Solomon, and Poling voting in favor. Councilor Solomon asked how she could be assured that the Toxics Board would not be the only board reviewing data and weighing in on which businesses should report. City Manager Taylor responded that it was the preference of the City Council that any item that came before the council had a recommendation from the City Manager. Councilor Poling expressed reservations about the Toxics Board but felt that to move forward he would have to support Councilor Kelly's motion. He agreed with Councilor Pryor regarding a need for more empirical data in order to expand the program. MINUTES--Eugene City Council March 7, 2005 Page 13 Regular Session Roll call vote; the main motion passed unanimously, 8:0. Councilor Poling, seconded by Councilor Solomon, moved to direct the City Manager to bring back to the City Council for public hearing and action, an ordinance imposing 2005 Toxics Right-to-Know Program fees calculated on the same basis as in 2004. Roll call vote; the motion passed unanimously, 8:0. 7. ACTION: Approval of HOME Investment Partnerships Program Funding for West 8th Avenue Housing Project City Manager Taylor asked that, given that there had been much discussion over the course of many months, Planning and Development Department Grants Manager Linda Dawson provide a brief overview of the project. Ms. Dawson shared her excitement in being able to bring a "great proposal" that met low-income housing, downtown, and community goals. She explained that the $13 million proposal was supported by 8th Avenue area neighbors and was arrived at collaboratively by the Metropolitan Affordable Housing Corporation and the WOW Hall. She said the agenda item summary (ALS) provided a detailed report on how the developer had been selected, adding that there had also been additional communication, emails and news stories. She said the site was purchased with Community Development Block Grant (CDBG) funds in 2004 and was offered for development. She stated that the Allocations Subcommittee reviewed four proposals and made its recommendation to the Housing Policy Board (HPB), which then conducted a public hearing. She noted that the public hearing had been well-attended. She reported that after six hours of public meetings, the HPB unanimously recommended the Metro project. Ms. Dawson shared a rendering of the design. She opined that the design fit well with the block on which it was to be sited and with the WOW Hall. She related that Housing and Urban Development (HUD) completed a study of noise levels, the third such analysis undertaken in the process, and all of the readings were well within allowable noise levels. She pointed out that staff provided the councilors a report on the noise attenuation measures proposed for the WOW Hall. Ms. Dawson further explained that the council approval of the project would set the developer up to approach the State to seek four percent tax credit funding, which was a process that would begin in the spring. If not successful, she said they would seek the nine percent tax credits in the fall. Councilor Poling, seconded by Councilor Solomon, moved to approve the use of HOME funds for the WestTown on 8th project and the sale of the tax lot to the WOW Hall as recommended by the Housing Policy Board and described in this briefing statement. Councilor Ortiz, seconded by Councilor Taylor, moved to amend the motion to add that a public hearing should be held on this item. MINUTES--Eugene City Council March 7, 2005 Page 14 Regular Session City Manager Taylor expressed concern that a delay could jeopardize the project's ability to access loan funds. Ms. Dawson concurred, adding that the sooner Metro Affordable Housing received a local decision the sooner it could apply for the tax credits. Councilor Pap6 conveyed his respect for the process by which the HPB had chosen this project. He asked Ms. Dawson to highlight the process for the council. Ms. Dawson reviewed the process, explaining that once the site was purchased, the Allocations Subcommittee set the criteria for the Request for Proposals (RFP) and put out the RFP in the fall of 2004. Of the four proposals submitted, two included housing, one proposed to use the existing building, and the last was from the Community Center for the Performing Arts (CCPA) for the lot behind the WOW Hall building. She related that the subcommittee had spoken with representatives of all four proposals and had recommended the Metro project. She said the proposal went to the HPB which, as required by grant regulations, held a public hearing. She stated that discussion subsequent to the public hearing had resulted in unanimous support for the recommendation before the City Council. Councilor Taylor averred that there was never anything wrong with transparent government. She supported holding another public hearing. Councilor Bettman appreciated the amendment, but felt due to the timeframe a delay could jeopardize the project and because of this she could not support it. She thought the project had received much more scrutiny than such a project usually received. Roll call vote; the amendment to the motion failed, 6:2; councilors Ortiz and Taylor voting in favor. Councilor Bettman commented that all low-income housing in the City had been built with public assistance. She wished to inform the public that low-income housing would not be built without such assistance. She stressed that the City made an effort to disperse such housing around the City. She acknowledged that it was more expensive to build in the downtown area, but pointed out that living in the downtown area was more affordable for low-income people. She believed the WOW Hall would continue to function as a small performing arts venue, adding that it was a valued entity within the community. Councilor Kelly thanked the WOW Hall, its back lot committee, and the Metro Affordable Housing people for their collaborative effort. Councilor Taylor opposed the motion. Councilor Ortiz thanked everyone for putting the effort into the project. She appreciated that there were many opportunities for public process. Roll call vote; the main motion passed, 7:1; Councilor Taylor voting in opposition. MINUTES--Eugene City Council March 7, 2005 Page 15 Regular Session 8. ACTION: Ratification of Council Committee on Intergovernmental Relations Actions of February 11, 2005 Councilor Poling, seconded by Councilor Solomon, moved to ratify the actions of the Council Committee on Intergovernmental Relations as set forth in the minutes of February 11, 2005. Roll call vote; the motion passed unanimously, 8:0. Councilor Bettman, seconded by Councilor Kelly, moved to authorize City staff to lobby against any proposed legislation that would weaken or eliminate any of the powers and responsibilities of the Lane County Local Government Boundary Commission. Councilor Bettman said this would direct staff to take a proactive stance with the legislature should it propose legislation to eliminate the boundary commission, as had been suggested might happen. Councilor Solomon was unclear about the function of the boundary commission. She wanted more information about possible pending legislature, such as whether there was a bill on the table. She noted that Lane County was the last county in the State that still retained a boundary commission. City Manager Taylor asked Intergovernmental Relations Manager Jason Heuser to speak to the issue. Mr. Heuser explained that there were no known bills that specifically sought to abolish the boundary commission. However, he thought the likelihood of such a bill being introduced was great. He thought it was in the best interest of the City to preserve the status quo on this subject. Councilor Pap~ felt there could be many issues on the horizon and the council should not try to pull bills into the Council Chamber and out of the Council Committee on Intergovernmental Relations (CCIGR) process. He said he would be more inclined to be proactive if legislation was imminent, but given that this was not the case, he did not feel the need to take it on at the present time. Mr. Heuser stated that the deadline for new bills to be introduced was by 5 p.m. on the present date. He said the legislature would work through the "logjam" of bills and then he would have a greater sense of what bills the City should be aware of. Councilor Pap~, seconded by Councilor Solomon, moved to substitute for Councilor Bettman's motion a motion that dictated that such concerns be handled through the CCIGR process. Councilor Bettman asked if there was a difference in the strength of lobbying efforts that were only approved by the CCIGR as opposed to those receiving council approval. Mr. Heuser replied that there was not. Councilor Bettman withdrew her motion. Councilor Bettman, seconded by Councilor Kelly, moved to authorize City staff to lobby against any proposed legislation that would weaken or eliminate any of the powers of the City with respect to the formation or establishment of any special district whose territory would overlap land within the boundaries of the City or the urban growth boundary. MINUTES--Eugene City Council March 7, 2005 Page 16 Regular Session Councilor Bettman said this would put the council's weight behind this stand. She noted the council did not support pursuing special districts, but the legislation would limit the authority of the City or a special district to object to a County service district. She called it a "preemption" of City authority to provide its own services. Councilor Kelly agreed that any special districts that could be formed involving any portion of Eugene should require City Council attention. In response to a clarifying question from Councilor Pap6, Mr. Heuser said Councilor Bettman was referring to Legislative Concept 2237, which might or might not be introduced as a bill. He thought it very possible that one of the legislators could "drop it." Councilor Pap6 reiterated that unless there was urgency to the items it should follow the normal path through the CCIGR. Roll call vote; the motion failed, 5:3; councilors Ortiz, Bettman, and Kelly voting in favor. 9. ACTION: Adoption of City Council 2004-06 Priority Issues Councilor Poling, seconded by Councilor Solomon, moved to adopt the City Council's priority issues for 2004-06. Councilor Kelly expressed delight with the work done at the goal-setting session to come up with eight priority goals. He wished to clarify that the priorities met with approval with the support of at least eight out of nine present (Mayor Piercy had an equal vote). He asked the City Manager if the next step was for staff to take the council's brainstorming and combine it with their own in order to provide the City Council with draft proposals for the next steps. City Manager Taylor responded in the affirmative. Councilor Taylor asked if the priorities would guide budget strategies. City Manager Taylor responded that many of the priorities were multi-year strategies, and would certainly guide the budget for FY07. Councilor Taylor was happy that the council chose to prioritize the neighborhood initiative, arts in the outdoors and the restaffing of Fire Station 9. She expressed disappointment, however, that tax reform had not received a greater priority in the council goal-setting process. Councilor Pap~ wished for the priorities to be expedited and put into place as soon as possible. He added that he appreciated the council's work. He said he wished the priorities included strategies for increasing employment in the community. Mayor Piercy also shared her satisfaction with the group's process. She wished to remind the council that it agreed to look again at the wording of the council's vision and goals.. Councilor Bettman reiterated, for the public's benefit, that the goals were misstated in The Register-Guard. She clarified that the first goal was supposed to be that the City sought to launch a neighborhood initiative which included strategies for improving the quality of life. MINUTES--Eugene City Council March 7, 2005 Page 17 Regular Session Roll call vote; the motion passed unanimously, 8:0. The meeting adjourned at 10:05 p.m. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Ruth Atcherson) MINUTES--Eugene City Council March 7, 2005 Page 18 Regular Session