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HomeMy WebLinkAbout05/11/1992 Meeting (2) e e e M I NUT E S Eugene City Council Council Chamber--City Hall May 11, 1992 7:30 p.m. COUNCILORS PRESENT: Shawn Boles, Bobby Green, Ruth Bascom, Debra Ehrman, Paul Nicholson, Kaye Robinette, Roger Rutan. COUNCILOR ABSENT: Randy MacDonald. The regular meeting of May 11, 1992, of the Eugene City Council was called to order by His Honor Mayor Jeff Miller. Photographs of the Mayor and City Council were taken to be included in a brochure being developed by University of Oregon (U of 0) students. Mayor Miller asked those testifying during the public hearings to limit their comments to three minutes to ensure that everyone has the opportunity to speak. I. PUBLIC FORUM Ann Aiken, Lane County Relief Nursery Board President, expressed appreciation for the Community Development Block Grant (CDBG) funds the nursery received from the City. She said the recent tragic death of a child in the community underscores the urgency that the nursery needs to enhance its services to to serve children on waiting lists. John Sheppard, Capital Campaign Chairman for the Lane County Relief Nursery, said he was hopeful that the nursery's campaign will reach its goal of $1.2 million. He expressed appreciation for the support received from the commu- nity. He presented a plaque made by one of the children at the nursery. Bill Mason, 1803 West 34th Avenue, said an advertisement recently appeared in The Register-Guard stating that copies of the Urban Renewal Agency's and City's draft budgets would be available after May 6 at the City Manager's Office (CMO) and the Library. He said he visited the CMO on May 8 and again earlier today but copies of the draft budgets were not available. He said he finally obtained a copy of a draft summary, noting that the Urban Renewal Agency's proposed budget was not included in it. He said staff indicated that a copy of the complete drafts could be purchased for $30 or reviewed at the Library. He suggested lending copies by a refundable deposit. He noted that he expressed similar concerns to the Citizen Involvement Committee (CIC) last year, which he said subsequently developed gUidelines for ensuring that public information is appropriately made available. MINUTES--Eugene City Council 7:30 p.m. May 11, 1992 Page 1 e Aggie Coole, 4939 Morely Loop, said the council should have received a letter from her expressing concern about a problem in her neighborhood with cats. She suggested requiring cats to be licensed. She said she would like to be able to set a harmless trap in her yard so that she can take them to the animal control agency, which could then require owners to pay a fine to have their cats returned. Gail Millsap, 4939 Morely Loop, said an attorney has advised him that there are no ordinances governing cats in Lane County. He asked the council to consider adopting an ordinance similar to the one regulating dogs, or requir- ing cat owners to be financially liable for damage done by their pets. He noted that an elderly couple in his neighborhood no longer sit on their porch like they use to because of the bad odor in their flowerbeds caused by cats. Thom Alberti, Eugene Peaceworks, read two resolutions proposed by Eugene Peaceworks for the council's signature calling for a reduction in the Federal government's military budget and a reform in the nation's tax system and urging the U.S. Attorney General's Office to bring Federal civil rights charges against the acquitted Los Angeles police officers in the Rodney King trial. He said Eugene Peaceworks would like to send the signed resolutions to the White House, members of Congress, the Mayor of Los Angeles, the Gover- nor of California, and Los Angeles Police Chief Daryl Gates. He added that a request for similar action has been distributed via a national computer net- work. e II. CONSENT CALENDAR A. Approval of City Council Minutes of January 22, 1992, Special Meeting; February 5, 1992, Dinner Work Session; and February 12, 1992, Lunch Work Session B. Approval of Findings and Recommendations of Hearings Official and Adoption of Resolution Forming a Local Improvement District for Paving, Curb, Gutter, and Storm Sewer on 14th Avenue from Lincoln Street to Alley 150 Feet West (Job No. 2755) Res. No. 4316--A resolution forming a local improvement dis- trict for paving, curb, gutters, and storm sewer on 14th Avenue from Lincoln Street to Alley 150 feet West. C. Approval of Findings and Recommendations of Hearings Official and Adoption of Resolution Forming a Local Improvement District for Paving and Storm Drain in Alley Between 7th Avenue and 8th Avenue from Madison Street to Blair Boulevard (Job No. 2788) Res. No. 4317--A resolution forming a local improvement dis- e MINUTES--Eugene City Council 7:30 p.m. May 11, 1992 Page 2 e e e trict for paving and storm drain in alley be- tween 7th Avenue and 8th Avenue from Madison Street to Blair Boulevard. D. Call for Public Hearing Concerning Street Vacation Request (James Paulson: Elizabeth Street) (SV 92-3) Mr. Boles moved, seconded by Mr. Green, to approve the items on the City Council consent calendar. Roll call vote; the motion passed unanimously, 7:0. III. PUBLIC HEARING ON 1990-91 UPDATE TO EUGENE BIKEWAYS MASTER PLAN City Manager Mike Gleason introduced the topic. Diane Bishop, Public Works Transportation Division, presented the staff report. The Eugene Bikeways Master Plan was adopted by the council in 1975. Since that time, annual reviews have occurred to implement revisions to policies and to provisions for bikeway design and construction. The proposed changes this year are mostly housekeeping measures. Responding to a question from Ms. Ehrman, Ms. Bishop said the Bicycle Commit- tee discussed concerns about bike lanes on heavily traveled streets. She said the aim is to make as many streets as bicycle-friendly as possible. Ms. Bascom noted that the implementation of Route 455 along Hilyard Street has been well received, especially by motorists. Responding to a question from Mayor Miller, Ms. Bishop said routes 431, 433, 446, and 452 would require some removal of on-street parking. She said resi- dents and businesses along these routes will be informed of the proposed bike lanes and that options are available to address concerns about the removal of on-street parking. She also noted that City policy is to move people and goods with a lower priority for storage of vehicles. Mr. Boles noted that the council is on record for supporting a move away from the accommodations for automobiles that have been provided in the past to the City's infrastructure. Mayor Miller opened the public hearing. There being no requests to speak, the public hearing was closed. Res. No. 4318--A resolution amending the Eugene Bikeways Mas- ter Plan and Addendum thereto. Mr. Boles moved, seconded by Mr. Green, to adopt the resolu- tion. Roll call vote; the motion passed unanimously, 7:0. MINUTES--Eugene City Council 7:30 p.m. May 11, 1992 Page 3 e IV. PUBLIC HEARING CONCERNING HAZARDOUS SUBSTANCE DISCHARGE AND CLEANUP ORDINANCE City Manager Mike Gleason introduced the topic and said the council is sched- uled to act on this proposed ordinance at its June 8 work session. Dave Nuss, Department of Public Safety (DPS), presented the staff report. The release of hazardous substances into the environment may present imminent and substantial threats to the public health, safety, welfare, and the environ- ment. In some, but not all cases, the U.S. Environmental Protection Agency {EPA} or the Oregon Department of Environmental Quality {DEQ} become involved to ensure cleanup of contamination. Due to the limited resources of those agencies, they do not always have the ability to immediately respond to the release or identification of hazardous substances which threaten the public health, safety, and welfare. The purpose of this ordinance is to minimize those threats by ensuring the following: 1) the prompt identification of discharges of hazardous substances into the environment, including old dis- charges which continue to contaminate the environment, and 2} the implementa- tion of removal or remedial actions. Therefore, the authority vested in the City under this ordinance would be viewed as a last resort, should the DEQ or EPA fail to take action for whatever reason. Responding to a question from Ms. Ehrman, Mr. Nuss said proactive efforts are taken to prevent or eliminate any discharge of hazardous substances and that the proposed ordinance would specifically be for reacting to such events should they occur. ~ Responding to questions, Mr. Nuss said that incidents in which the City were to actually respond would be situations in which the DEQ or EPA could have responded, but did not. For example, in an incident involving the removal of barrels containing solvents that were left by a business, the DEQ did not immediately respond because the barrels were not leaking and did not present an immediate danger. He said the DEQ is in support of the proposed ordinance and that the ordinance would not alleviate DEQ's statutory responsibilities. Mr. Boles requested information on whether the City, if it responded to an incident in which the DEQ or EPA did not act for whatever reason, could re- cover costs from either agency if it was unable to do so from the responsible party. Responding to a question from Mr. Green, Mr. Nuss said the ordinance would have no effect on businesses that are already under notice of remediation from the DEQ. Mr. Robinette requested information about whether the City would incur some liability under the ordinance if it did not respond to a situation in which the DEQ or EPA also did not act. He asked if an ordinance could be drafted that would allow the City to have the ability to initially respond as needed in emergencies but not necessarily administer remedial action to avoid poten- e MINUTES--Eugene City Council 7:30 p.m. May 11, 1992 Page 4 e e e tial costly expenditures. Mr. Boles asked for a legal opinion on State and Federal preemptions relative to the proposed ordinance and whether the ordi- nance would be a use of home rule. Mayor Miller opened the public hearing. Scott Forrest, 5220 West Amazon Drive, introduced himself as the President of Forrest Paint Company and noted that he has served on a citizen advisory committee to the DEQ for the past two years. He expressed concern about the proposed ordinance superseding regulations under the Federal Clean Air Act, the Federal Clean Water Act, the Circular Superfund Act, and the Resource Conservation and Recovery Act. He expressed concern about the City being able to require businesses to have an environmental assessment conducted, noting the significant costs involved in such a study. Due to the length of Mr. Forrest's testimony, he was asked to document his testimony and submit it to staff for the council's consideration at its June 8 work session. Les Duman, 1400 South Bertelsen Road, testified in opposition to the proposed ordinance, saying that the DEQ and EPA already have sufficient regulations. He explained that an environmental consulting group reviewed the proposed ordinance and felt the language was vague. He described the costs involved in removing hazardous substances and said he felt the City may not be able to fully recover costs from responsible parties. He suggested that in light of Ballot Measure 5, the DEQ could decide not to respond if the City has a mech- anism in place to do so. Dick Briggs described the costs and time involved in one case involving a disagreement over the definition of one word. He suggested revisiting the approach to avoid such costs. There being no other requests to speak, the public hearing was closed. The public record was held open until 5 p.m. on May 15. Mr. Robinette asked for a legal opinion regarding the standards the City would refer to that the ordinance did not specify. He asked for an analysis on whether the City could enter into some type of agreement with the DEQ or EPA instead of adopting an ordinance. Referring to an earlier statement, Mr. Nicholson pointed out that the ordi- nance provid~s a mechanism for a person who receives an order by the City to have an environmental assessment conducted to be reimbursed for the costs of the assessment. Mr. Green asked for information on the cost of enforcing the ordinance. Mayor Miller asked for clarification on what portion of the ordinance would address life safety issues. There being no other questions from councilors, further discussion was post- poned until the June 8 work session. MINUTES--Eugene City Council 7:30 p.m. May 11, 1992 Page 5 e e e V. DAVID N. BURKS REGIONAL PUBLIC SAFETY TRAINING FACILITY City Manager Mike Gleason introduced the topic. Bill DeForrest, Department of Public Safety (DPS), presented the staff report. He said Susan Brookfield, Lane County Sheriff's Training Manager, and Larry Martines, DPS Central Training Manager, were present to answer questions. In 1988, the City entered into an intergovernmental agreement with Lane County that re- sulted in the joint construction of the existing pistol range at the David N. Burks Regional Public Safety Training Facility, located at the Short Mountain site. As part of that agreement, staff was directed to develop a master plan for a public safety training facility at the site. The master plan was jointly developed by the Department of Public Safety, lane County Sheriff's Office, and Lane County Solid Waste Division. The master plan blends togeth- er, in a harmonious manner, uses that traditionally are incompatible in a tight urban environment. The plan calls for a 10- to 20-year phased develop- ment, and funding is being explored from State, Federal, and private sources. The plan is consistent with the City's Public Safety Long-Range Plan, and if approved, would provide an effective framework for future regional coopera- tion for developing public safety training facilities. The council is re- quested to approve the master plan and initiate an amendment process to the Eugene-Springfield Metropolitan Area General Plan to permit extension of public water service to the site. The master plan has been reviewed and given conceptual approval by the Public Safety Advisory Committee (PSAC) and the Central Lane Law Enforcement Policy Board. Responding to a question from Mr. Robinette, Jan Childs, Planning and Devel- opment Department, explained that if the council chooses to initiate the Metro Plan amendment process, the Lane County Board of Commissioners will be asked to co-initiate the process. Proceedings would then begin for approval by the governing bodies of Eugene, Springfield, and lane County. Responding to a question from Ms. Ehrman, Mr. DeForrest said Lane County donated the land for the construction of the existing firearms range and paid for the cost of constructing the existing hazardous materials storage facili- ty. The Joint Training Board, composed of staff from DPS, the Lane County Sheriff's Office, and the Lane County Solid Waste Division, is administering the development of the site. The facility is envisioned to eventually be a regional training facility with participation of other public safety agencies in the state. Responding to a question from Mr. Boles, Mr. DeForrest said public water service to the site would be provided by a new water line approximately 4,000 feet long, the cost of which is currently envisioned to be shared among the City, Lane County, and Emerald Peoples Utility District (EPUD). Mr. Gleason added that the water line would be used exclusively by the site. Responding to a question from Mr. Nicholson, Mr. DeForrest said staff be- lieves that there would be cost efficiencies in terms of operations as well as potential for cost recovery through participation of other public safety agencies. MINUTES--Eugene City Council 7:30 p.m. May 11, 1992 Page 6 e e e Responding to a question from Mr. Green, Mr. DeForrest said that moneys seized through narcotics arrests could be used for the development of the site. Mayor Miller commented that the master plan was consistent with the metropol- itan consolidation and long-term, sustainable savings components of the Eu- gene Decisions process. Responding to a question from Mr. Boles, Jim Croteau, Planning and Develop- ment Department, said the Short Mountain site is considerably outside the urban growth boundary. He added that water service would be provided by an extra-territorial extension, similar to the one serving the sludge treatment plant in north Eugene. Mr. Boles moved, seconded by Mr. Green, to approve the David N. Burks Regional Public Safety Training Facility Master Plan and initiate an amendment to the Eugene-Springfield Metropoli- tan Area General Plan to permit extension of public water service to the site. Mr. Nicholson said he would feel more comfortable voting on the motion after further analysis of the operational costs. Mr. Gleason suggested postponing action for further review of costs at a future meeting. Councilors Robinette and Boles supported Mr. Gleason's suggestion. Mr. Green felt it was incum- bent on the council to take action on the master plan tonight, saying that the costs would be projections and subject to change. Mr. DeForrest said the master plan will be presented to the lane County Board of Commissioners on May 13. Following further discussion, the motion was withdrawn without prejudice by consent of the maker and the seconder, and action was postponed for a future meeting. Ms. Ehrman expressed appreciation for the naming of the facility after the late lane County Sheriff David N. Burks. VI. APPROVAL OF FINDINGS AND RECOMMENDATIONS OF HEARINGS OFFICIAL AND ORDINANCES LEVYING ASSESSMENTS FOR CONTRACTS 91-03, 91-05, 91-15, 91-18, AND 91-34 City Manager Mike Gleason introduced the topic and said Les lyle, Public Works Engineering Division, was present to answer questions. Mr. Boles moved, seconded by Mr. Green, to approve the Hear- ings Official's findings and recommendations of April 22, 1992 (Contracts 91-03, 91-05, 91-15, 91-18, and 91-34). Roll call vote; the motion passed unanimously, 7:0. MINUTES--Eugene City Council 7:30 p.m. May 11, 1992 Page 7 . CB 4382--An ordinance levying assessments for paving and sani- tary and storm sewers in West 29th Avenue (Panorama View 7th Addition) from 1,000 feet west of City View Street to 1,440 feet west of City View Street; and declaring an emergency (Contract 91-03). Mr. Boles moved, seconded by Mr. Green, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion passed unanimously, 7:0. Council Bill 4382 was read the second time by number only. Mr. Rutan left the meeting. Mr. Boles moved, seconded by Mr. Green, that the bill be ap- proved and given final passage. Roll call vote; all council- ors present voting aye, the bill was declared passed and be- came Ordinance No. 19847. CB 4383--An ordinance levying assessments for sidewalks at various locations on Clinton Drive from Butte Lane to Willagillespie Road; and declaring an emergency (Con- tract 91-05). e Mr. Boles moved, seconded by Mr. Green, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion passed unanimously, 6:0. Council Bill 4383 was read the second time by number only. Mr. Boles moved, seconded by Mr. proved and given final passage. ors present voting aye, the bill came Ordinance No. 19848. Green, that the bill be ap- Roll call vote; all council- was declared passed and be- CB 4384--An ordinance levying assessments for storm sewer south of Barger Avenue, east of Terry Street, along north boundary of Woodland Hills Mobile Home Park, Phase II; and declaring an emergency (Contract 91-15). Mr. Boles moved, seconded by Mr. Green, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion passed unanimously, 6:0. e MINUTES--Eugene City Council 7:30 p.m. May 11, 1992 Page 8 e Council Bill 4384 was read the second time by number only. Mr. Boles moved, seconded by Mr. proved and given final passage. ors present voting aye, the bill came Ordinance No. 19849. Green, that the bill be ap- Roll call vote; all council- was declared passed and be- CB 4385--An ordinance levying assessments for paving, curb, gutters, and storm sewer in 2nd Avenue from Washing- ton Street to Lawrence Street; and declaring an emer- gency (Contract 91-18). Mr. Boles moved, seconded by Mr. Green, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion passed unanimously, 6:0. Council Bill 4385 was read the second time by number only. Mr. Boles moved, seconded by Mr. proved and given final passage. ors present voting aye, the bill came Ordinance No. 19850. Green, that the bill be ap- Roll call vote; all council- was declared passed and be- e CB 4386--An ordinance levying assessments for sanitary sewer in Woodbine Subdivision between 24th Avenue and Cleveland Street and Terrace View Drive and City View Street; and declaring an emergency (Contract 91-34). Mr. Boles moved, seconded by Mr. Green, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion passed unanimously, 6:0. Council Bill 4386 was read the second time by number only. Mr. Boles moved, seconded by Mr. proved and given final passage. ors present voting aye, the bill came Ordinance No. 19851. Green, that the bill be ap- Roll call vote; all council- was declared passed and be- VII. ORDINANCE ADOPTING THE EUGENE COMMERCIAL LANDS STUDY City Manager Mike Gleason introduced the topic. Teresa Bishow, Planning and Development Department, presented the staff report. On April 8, 1992, the City Council and Lane County Board of Commissioners conducted a joint public hearing on the January 1992 Draft Eugene Commercial Lands Study. In general, public testimony was in support of the overall direction in the draft study, e MINUTES--Eugene City Council 7:30 p.m. May 11, 1992 Page 9 e e - and action was postponed to allow further time to discuss potential amend- ments to the draft study based on public testimony. Topics raised at the joint public hearing included the following: 1) commercial redevelopment; 2) maintaining a supply of vacant commercial land; 3) additional neighborhood commercial land in south Eugene; and 4) radius clauses and private covenants. She said Planning Commissioner Ellen Wojahn was present to answer questions. Referring to Item 3, Ms. Ehrman asked how the existing commercial zoning strip along Willamette Street could be retained within the current bounda- ries. In response, Ms. Bishow said the council could state for the record that it is not interested in allowing additional commercial land that would extend the linear commercial strip along Willamette Street. Ms. Wojahn said the Planning Commission's sentiment was to not extend strip commercial zon- ing, especially to the point that would create access problems along the street. Responding to a question from Mr. Robinette, Ms. Wojahn said the Planning Commission discussed the four items outlined in the staff report. The com- mission looked particularly at the West 11th Avenue area for designating new commercial land and supported designating new major retail commercial sites only through the Metro Plan amendment process. The commission shares con- cerns that have been raised regarding the timing of development of existing vacant, large sites. Regarding Item 2, the following wording for Implementa- tion Strategy 10.2 received support by the commission: "Examine ways to allow flexibility in the sighting of new commercial land that accommodates changes in population, transportation networks, utility extensions, etc., through amending the existing zoning ordinance or other tools." Regarding Item 3, the commission felt that using the downtown core as a commercial option for south Eugene was not reasonable for various reasons. The commis- sion supported a combination of option A and B, perhaps with some reference to a "housing trigger." Regarding Item 4, the commission was comfortable with the City Attorney's Office suggestions and would support further exami- nation of the issues. Responding to a question from Mr. Boles regarding the league of Women Voters' request for Item 1, Ms. Bishow said that the Planning Commission would sup- port the amendment to read "prohibit" as a matter of principle. The word "avoid" was initially favored as it better reflects the flexibility or future discretion the elected officials have in approving a change to the Metro Plan to allow a new major retail site. Responding to a question from Mr. Boles about Item 3, Option C, Ms. Wojahn clarified that the Planning Commission supported allowing the establishment of additional neighborhood commercial land in connection with the creation of a new area for medium-density residential development. Ms. Bishow said she believed the commission supported this concept in light of concerns about transportation and housing goals in south Eugene. She said she believed the commission supported Option A with the portion of Option B that states that additional commercial land would be based on a demonstrated demand for com- mercial services. MINUTES--Eugene City Council 7:30 p.m. May 11, 1992 Page 10 e e e Responding to a question from Ms. Bascom, Ms. Wojahn recalled that the Plan- ning Commission would be comfortable with the council's decision to remove examples of potential sites of additional neighborhood commercial land from the map. Ms. Bascom commented that allowing up to 15 acres of additional neighborhood commercial land in south Eugene could have an negative impact on existing neighborhood commercial sites that are currently thriving. Ms. Wojahn said she believed that the Planning Commission would be comfortable in reducing this number. Ms. Bishow concurred. Ms. Bascom supported reducing the allowable amount to 10 acres and requiring that the establishment of additional neighborhood commercial land sites be based on demonstrated demand for commercial services and be connected with the creation of new medium-den- sity residential development. CB 4364--An ordinance adopting the Eugene Commercial Lands Study. Mr. Boles moved, seconded by Mr. Nicholson, that the bill be amended as follows: I} strike section 3 in the adopting ordi- nance; 2} Implementation Strategy 6.1, on page III-7, be amended to read "prohibit" instead of "avoid;" 3} Implementa- tion Strategy 10.2, on page 111-8, be amended to read "examine ways to amend the existing zoning ordinance to allow flexibil- ity in the siting of new commercial land that accommodates changes in population, transportation networks, utility exten- sions, etc."; 4} deleting draft Policy 21 and related imple- mentation strategies; and 5} adopting a new Policy 21 stating "Consider downtown as the commercial service area for south Eugene. Allow establishment of additional commercial land if done in connection with the creation of a new area for medi- um-density residential development." Ms. Ehrman requested that the following clause be added to the end of the new Policy 21 in the above motion: "Further strip commercial activity on Willamette Street will be discouraged." By consent of the maker and seconder of the motion, the clause was added to the above motion. Ms. Bishow advised that striking section 3 of the ordinance would be a sig- nificant amendment. Roll call vote; the motion failed 4:2, with councilors Bascom, Green, Robinette, and Ehrman voting nay and councilors Boles and Nicholson voting aye. Mr. Boles moved, seconded by Mr. Nicholson, to approve an ordinance adopting the Eugene Commercial Lands Study. Mr. Boles moved, seconded by Mr. Nicholson, to strike section 3 of the ordinance. Mr. Boles said it was time for the City to become serious about land use planning and felt this needed to be accomplished by equating strategies to MINUTES--Eugene City Council 7:30 p.m. May 11, 1992 Page 11 e the same level as policies instead of leaving them to the interpretation of both the community in which they apply and staff who are forced to apply them. In response, Ms. Bishow said citizens involved in the Commercial lands Study have understood that policies would be adopted and that strategies would be further refined prior to implementation. She believed that if this amendment is approved, the lane County Board of Commissioners would not be able to act on the study without holding another public hearing on the pro- posed changes. Jim Croteau, Planning and Development Department, said that implementation strategies under each policy were very important to provide flexibility in how they are implemented. He strongly recommended retaining both the poli- cies and strategies. Mr. Robinette said he did not think the council should address changes in policy matters through the adoption of a land use plan. Mr. Boles said he felt that strategies, when finalized for implementation, are often crafted in a way that is not to the benefit of the larger body politic. Jan Childs, Planning and Development Department, said the Planning Commission shares Mr. Boles' concern. Mr. Robinette said he shared Mr. Boles' concern and suggest- ed forwarding his concern to the Planning Commission for review and recommen- dation. Roll call vote; the amendment failed 4:2, with councilors Ehrman, Bascom, Green, and Robinette voting nay and councilors Boles and Nicholson voting aye. e Ms. Ehrman moved, seconded by Ms. Bascom, to amend Section 3 of the ordinance to read as follows: "The implementation strategies set forth in the study are recognized as potential ideas on how to address the policies." Roll call vote; the amendment passed unanimously, 6:0. Mr. Boles moved, seconded by Ms. Ehrman, to amend Implementa- tion Strategy 6.1, on page 111-7, to read "prohibit" instead of "avoid." Roll call vote; the motion passed 4:2, with coun- cilors Boles, Ehrman, Bascom, and Nicholson voting aye and councilors Green and Robinette voting nay. Mr. Boles moved, seconded by Ms. Ehrman, to amend Implementa- tion Strategy 10.2, on page III-B, to read as follows: "Exam- ine ways to amend the existing zoning ordinance to allow flex- ibility in the siting of new commercial land that accommodates changes in population, transportation networks, utility exten- sions, etc." Roll call vote; the motion passed unanimously, 6:0. Mr. Boles moved, seconded by Ms. Ehrman, to delete draft Poli- cy 21 and related implementation strategies and adopt a new Policy 21 stating: "Consider downtown as the commercial ser- vice area for south Eugene. Allow establishment of additional e MINUTES--Eugene City Council 7:30 p.m. May 11, 1992 Page 12 e e e commercial land if done in connection with the creation of a new area for medium-density residential development. Further strip commercial activity on Wi11amette Street will be dis- couraged." Mr. Green said he was going to vote against this amendment because he sup- ported strip commercial activity. Roll call vote; the motion passed 4:2, with councilors Bascom, Boles, Ehrman, and Nicholson voting aye and councilors Green and Robinette voting nay. Roll call vote; all councilors present voting aye, Council Bill 4364 was declared passed as amended, and became Ordinance No. 19853. Mr. Boles moved, seconded by Mr. Nicholson, to instruct the City Manager to prepare an ordinance prohibiting future use of new radius clauses. Roll call vote; the motion failed 4:3, with Mayor Miller (breaking the tie) and councilors Bascom, Green, Ehrman voting nay and councilors Boles, Nicholson, and Robinette voting aye. Ms. Bascom moved to ask the City Attorney's Office to investi- gate private covenants as they relate to the City's affordable housing program. The motion died due to a lack of a second. Mr. Nicholson moved, seconded by Ms. Ehrman, to consider the above two motions as a package. Ms. Ehrman suggested postponing discussion regarding private covenants for a future meeting. By consent of the maker and seconder, the motion was with- drawn, and discussion was postponed for a future meeting. The meeting adjourned at 9:45 p.m. Respectfully submitted, __ d/, _~~"~ /':-;/~~j:://y /4; Mi ch/a 1 G1 eason..--.- " City Manager (Recorded by David Straub) mncc 051192-730 MINUTES--Eugene City Council 7:30 p.m. May 11, 1992 Page 13