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HomeMy WebLinkAboutCC Minutes - 05/09/05 Mtg MINUTES Eugene City Council Regular Session Council Chamber--City Hall May 9, 2005 7:30 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 present. 1. PUBLIC FORUM Mayor Piercy observed that 16 people had signed up for the Public Forum, which would exceed the time allotted for the item, and called on the council for a motion. Councilor Poling, seconded by Councilor Solomon, moved to extend the time for the Public Forum by 15 minutes. Roll call vote; the motion passed unanimously, 8:0. Mayor Piercy reviewed the rules of the Public Forum. Scott Olmos, 3765 Meadow View, said he was the new president of the Eugene Firefighters Association. He supported the re-staffing of Engine 9 housed at Fire Station 9 both as a firefighter and as a resident of the Cal Young neighborhood. He cited the Standards of Response cover document, dated December 2004, which provided fact-based evidence, including an increase in emergency response time, that the re-staffing was necessary. He averred that the response times put citizens at risk and recommended immediate re- staffing of Engine 9. He acknowledged the challenges this would present but felt they were not insurmountable. He predicted the increase in costs due to overtime would be lessened in time by the planned hiring of 12 new firefighters in June and 12 more firefighters in one year. Sven Wahlroos, 3103 Riverbend Avenue, introduced himself as a Eugene firefighter and the Secretary/Treasurer of Eugene Firefighters Local 851. He echoed Mr. Olmos' support for the re-staffing of Fire Engine 9. He pointed out that the fire truck itself had been relocated to the Santa Clara station three years earlier. This left a documented emergency response gap in the vicinity surrounding Station 9. He averred that the citizens in Ward 5 "eagerly awaited" the re-staffing of this "important resource." He noted that two sources had been identified for funding the fire crew at Station 9: 1) the Staffing for Adequate Fire and Emergency Response (SAFER) Grant; and 2) the Public Employees Retirement System (PERS) lawsuit. He underscored that the SAFER grant was part of a group of federal grants which had to be shared by many thousands of fire stations across the country. He did not think the City of Eugene would qualify. He noted, too, that the Bush administration was unlikely to continue to support the SAFER program. He did not think the PERS funding could be counted on either. He hoped that the City Council would ensure that such a priority would be adequately financed with secure funding. MINUTES--Eugene City Council May 9, 2005 Page 1 Regular Session Dan Herbert, 1913 Potter Street, noted that he was a member of the Eugene Redevelopment Advisory Committee (ERAC), though he was speaking for himself at this meeting. He recalled Councilor Bettman's comments that the forthcoming search for a new Planning Director might offer an opportunity to reexamine the relationship between planning and development, and that one division could be for planning and the other arm could be for permits, information, and development. He agreed with the general sense of the suggested division, but thought it should be taken further and the development division should be allowed some autonomy. He suggested that the agency could support public/private partnerships for development projects throughout the City. He averred that such partnerships had been used successfully in more than 50 cities worldwide to revitalize downtown areas. He cited the City of Portland as a prime example. He underscored that he was not seeking action so much as he was hoping to stimulate some thinking about this approach. He closed by stating that the Brookings Institution recently published a research brief entitled, Turning Around Downtown and suggesting that the council read it. He said now was the right time to begin rethinking reorganization of the planning in the city of Eugene as future population growth would inevitably increase pressure for development. He reminded the council that library bonds would be paid in 2008. Ruth Phelps, 5445 Donald Street, stated that she was a trustee for the Eugene Garden Club. She conveyed the club's approval for the paving of the alley behind the building but averred the cost was too high. She related that the Garden Club had been deemed comparable to a general office and said the club was challenging this designation. She explained that parking was limited, the club did not even have a telephone on-site, and the meetings were only bi-monthly. She highlighted the benefits to the community the club provided, such as the educational presentations to the public held at one meeting per month, and that the Audubon Society met at its building. She underscored that all of the groups utilizing the building were nonprofit. Lee Rademacher, 4174 Lancaster Drive, read a statement written by Ellen Hyman, member of the Santa Clara Citizens for Sensible Parks and Open Spaces (SCCSPOS). He related that she likened the debate between the City and citizens of Santa Clara regarding the potential land swap to the battle between David and Goliath. He conveyed her assertion that the citizens of Santa Clara were battling to keep Class 1 lands from being paved over. He said the people were coming together to preserve the land and to remind the City Council that this was an opportunity not to be squandered. Regarding the telephone survey of area residents on the land swap, Mr. Rademacher averred that questions were leading and not intended to achieve unbiased results. He quoted someone's comments on having been surveyed. Mr. Rademacher reiterated that most people were not opposed to parks, but they were opposed to having a land swap that would pave the way for 1,000 new homes to be built on farmland. He related that the Santa Clara Community Organization recently voted 70:4 in support of building more parks, but without the land swap. Maggie Yokum, 4174 Lancaster Drive, said that she had been surveyed regarding her feelings on the Santa Clara area land swap on March 16. She stated her opposition to the proposal. She maintained that the survey was not neutral and cited several specific examples. She felt she was receiving a sales pitch and not being asked her true feelings about the situation. She asked the City Council to view the information gleaned from the survey with some skepticism. She reiterated that the Santa Clara Neighborhood Organization voted overwhelmingly to oppose the land trade. MINUTES--Eugene City Council May 9, 2005 Page 2 Regular Session Zachary Vishanoff, Patterson Street, alleged that the survey was part of "smart growth marketing." He asked what the City budgeted for such marketing in a year. He said he had witnessed bias similar to what had been described in the previous testimony. He cited an article in The Oregon Daily EmeraM. He felt that the Parks and Open Space Division staff had a pattern of interpreting data "the way they want" and "taking liberties" with neighborhoods. He felt that neighborhood groups were often at odds with City staff. Mr. Vishanoff asserted that his neighborhood had been "stonewalled" by the alley project. He alleged that he had heard a Eugene Water & Electric Board (EWEB) employee state that money for the upkeep for alleys was diverted to the Riverfront Research Park roads. Mr. Vishanoff wished to add to his Budget Committee testimony by listing more endorsees of the resolution in regard to the basketball arena, including student cooperatives, the ASUO president and others. Lisa Warnes, 5020 Nectar Way, submitted her testimony in writing. She announced that the East Fork Amazon Headwater Preservation Society (EFAHPS), formerly known as Nectar-Dillard Forest, formed an alliance with the SCCSPOS. They opposed the "McDougal" land swap for the following reasons: 1) Opposition to it was overwhelming; 2) It set a bad precedent to move the urban growth boundary (UGB) to accommodate developers; 3) The 197-acre site that the proposed 900+ homes and commercial complexes was located on prime Class 1 agricultural soil; 4) The schools were already over-crowded and under-funded; and 5) It would cause traffic problems to worsen. While she acknowledged that growth would occur, she averred paving over prime agricultural and forested land was bad planning, short-sighted, irresponsible, and motivated by profit. She asked the council to consider that as more growth was encouraged, it should be done in a sustainable manner. She underscored that the air quality of the Willamette Valley already fell below State and federal standards for air quality as the valley did not ventilate well. She questioned whether the City was prepared to accommodate new people and whether there would be jobs available for them. She wondered if staff was researching "smart growth." In closing, Ms. Warnes said she thought the survey seemed to be designed for a particular outcome, one not founded in the best interests of the citizens as a whole. Kate Perle, 4740 Wendover Street, shared a copy of the telephone survey the City sponsored to gain public input on the Santa Clara parks proposal. She related that the SCCSPOS was "astonished" at how the survey seemed to be designed to sway the respondents' answers by telling only part of the story or through "actual misinformation." Copies of the survey were provided to the council with suggested edits to indicate where the committee thought the survey "had gone wrong." She read some of the questions aloud and commented on portions of those she thought were leading. Steve Pethick, 987 Almaden Street, said he participated in the Chambers Node Revisited (CNR) project. He expressed appreciation for the work of Senior Planner Allen Lowe and consultants to develop design standards that sought to protect what he called a "wonderful working example of a compact pedestrian- friendly neighborhood." He shared that his wife, Pamela, and he both enjoyed the neighborhood and hoped that it would remain a safe and attractive place to raise their children. He related that they volunteered to help contribute to the success of the CNR process and had joined the Chambers Area Families for Healthy Neighborhoods (CAFHN) group. He conveyed his pride in the group's accomplishments over the past months which included the formation of an organization that enlisted the participation of more than 30 MINUTES--Eugene City Council May 9, 2005 Page 3 Regular Session families in the neighborhood and a number of neighbors outside of the CNR area. He shared that one member, an architect, convened a %oot camp" that taught participants about setbacks, roof slopes, and building mass among others, and that members walked the neighborhood, recording detailed information on how lots had been developed. He felt that without this work, there would not have been the database on which to present the group's proposals. He thought CAFHN had provided a remarkable opportunity for people to learn about issues and to have a real say on what the ultimate proposals were. He asserted that without this process, the public meetings would not have been enough. He cited the April 14 design review meeting at which 50 slides were shown in two hours with little time for neighbors to ask questions. He hoped the council would encourage the project team to ;;have the appropriate regard" for the work done and the concerns the neighbors still had. Sharon Sherman, 1129 Taylor Court, said she was one of Eugene's original ;;infill pioneers," as she and her husband moved into a modest bungalow that had been moved from its original location to a vacant lot the City had landbanked on an alley. She showed an article from The Register-Guard that covered the story, dated from 1979, that talked about how the City and the Westside Neighborhood Association were working together to promote houses being placed on vacant lots in the neighborhood and sold to owner- occupants. She related that the emphasis on owner-occupied residents was to stabilize the highly transient rental neighborhood. She asserted the planners had lost touch with this idea and through zoning changes the neighborhood had burgeoned with cheap apartments without concern for the impact on adjacent home- owners or neighborhood stability. She called her block the ;;poster child" for destructive and destabilizing infill. She said the City invited area residents to participate in a process that would result in infill standards to protect the health of the neighborhood. She alleged that because the project ran out of time, a crucial standard to limit building height and mass had not been addressed and 35- to 40-foot buildings would continue to be allowed. She asked the council to encourage the CNR team to extend its collaboration with CAFHN and address this remaining issue. Paul Cont,, 1461 West l0th Avenue, said he was a member of the CAFHN steering committee. He thanked the staff and consultants who had worked on the project. He averred that two problems that arose in late March and April had jeopardized the project, which he deemed %nce on its way to success." He said staff and consultant resources were underestimated and that building height and mass standards had not been completed. He alleged the ;;deficiencies" in the standards did not reflect the well-documented neighborhood character. This caused 18 of the 20 people present to sign a letter in opposition to the standards, which was then submitted to the project team. He asserted the team appeared to be no longer using the neighborhood's character as the basis for some of the standards. He said the group was told height standards for the neighborhood could not be stricter than R-1 and infill standards for the neighborhood had to be generic enough to fit mixed use nodes throughout the City. He called this a major reversal in how the project had been presented to the residents. He thought it made no sense to have standards that sought to protect the character of a neighborhood unless the standards were based on a ;;well-researched identification of the characteristics specific to that neighborhood." He asserted the project was moving ahead with a proposal that had strong public opposition to major elements and that did not fulfill the purpose of the project, which sought to develop infill standards. He declared the project to be sliding back to the %ne-size-fits-all" approach to nodal development that the council specifically rejected. He said CAFHN proposed a solution to the PDD Director that would have the Planning Commission consider whether infill standards should be based on the character of the neighborhood to which they apply or whether such standards should be generic. MINUTES--Eugene City Council May 9, 2005 Page 4 Regular Session Carol DeFazio, 1437 West l0th Avenue, also represented CAFHN. She shared the perspectives of the previous three speakers. She felt cut off from effective involvement in the height and mass standard. She wished to make clear that CAFHN was not asking the CNR project team or the City to agree with everything the group had recommended. She related that CAFHN expected the process to produce a proposed standard that would protect the character and stability of the neighborhood. She called what had happened with the mass and height standard a "fundamental failure" to fully engage the public in meeting one of the project's most important goals. She reiterated that the standard would allow for the construction of 40-foot structures in a neighborhood where most dwellings were approximately 20- to 22-feet high. She underscored the neighborhood's repeatedly expressed objections to this "incompatible standard." She noted that staff indicated that no public support had been expressed for the consultant's proposal. She related that the project director encouraged the group to give testimony at the Planning Commission hearing on June 28. She opined that three-minute testimony was not a productive way to genuinely involve the public. She asked the council to encourage the City Manager to find a way to have the CNR project team re-engage representatives of area neighbors to spend a "few hours" to find a suitable alternative proposal prior to the hearing before the Planning Commission. Adam Walsh, 307 East 14th Avenue, president-elect of the Association of Students of the University of Oregon (ASUO) and member of the Board of the West University Neighbors (WUN), wished to speak about the City's plan for repaving alleys throughout the City of Eugene. He stated that as the first neighborhood slated for these improvements, his neighborhood had the "privilege" of working with City staff on this issue. He said while not all members of the WUN could agree on the merits of the project, all of them were grateful for the City's level of involvement. He wished to thank Civil Engineer Steve Gallup of the Public Works Department for his numerous presentations at meetings and his willingness to take into consideration the desires of the neighborhood. He also thanked Councilor Kelly and Program Specialist Steve Norris, who helped the WUN evolve into a forum for concerned neighbors. He conveyed the neighborhood's gratitude for Mayor Piercy's attendance at a recent meeting. He expressed hope that the work done by staff and the level of involvement the City had shown in the project with the neighborhood association would serve as a model not only for City involvement in neighborhood associations as a whole, but for City projects in the future. He underscored that this collaborative intent on the part of the City had not gone unnoticed. Debbie Jeffries, 3800 North Delta Highway, spoke in regard to the draft plan for Parks, Recreation, and Open Spaces (PROS). She said she and a neighbor both had property listed for acquisition in the plan though neither of them had participated in the process. She pointed out that the draft plan had cost the City $200,000 and was slated to plan out to 2025. She asserted that development of the plan had not been coordinated with other City departments and the plan had identified numerous sites outside of the UGB. She wished to bring the plan to the attention of the council because it had been discussed in budget hearings and the Public Works Rates Advisory Committee meetings. She alleged there were "serious flaws" in the plan as it omitted over 2, 850 acres, including 2,500 of the West Eugene Parkway and 300 acres of golf courses, two of which were designated as Park and Open Space on the Metro Plan. She also wished to call attention to 1,300 acres that were not included because of being part of the Goal 5 inventory. She averred this comprised 25 percent of the current property within the City limits as parks and open spaces. She did not believe the plan should not be used for any council decision unless it included every piece of land. She alleged there was a lack of coordination between departments. She averred the Parks and Open Space Division was making plans for acquisition outside the UGB at the same time that PDD maintained that all development should occur within the UGB. She felt the draft appeared to suggest expansion of the UGB. MINUTES--Eugene City Council May 9, 2005 Page 5 Regular Session Don McElroy, 120 West 30th Avenue, explained that he had owned a house in the West University neighborhood for 20 years and that he looked forward to alley improvements. He related that he had read an article in The Register-Guard the previous weekend that included the amount of money the alley project could cost, and it had given him pause. He asked that the City make sure to educate everyone regarding the costs. David Monk, 3720 Emerald Street, stated that he was an applicant for the Lane Regional Air Pollution Authority (LRAPA). He opined that while he might not be the most qualified candidate, he spent more time with the board than any other candidate. He felt there was great value in the work of the LRAPA. He averred the local airshed was not well-addressed by the Department of Environmental Quality (DEQ) because the department offices were located in Portland and officials were less familiar with it. He said City Attorney Glenn Klein indicated in a 2003 legal opinion that when the at-large position on the LRAPA board would expire in March 2005, the Eugene representative must take that position. He believed that the Oregon Revised Statute (ORS) 468A(120) was clear in this regard as it specified that an at-large member was only a participant if the board did not have five members or if there was an even number serving on the board. He encouraged the council to direct the City Manager Dennis Taylor to solicit an expedited opinion from legal counsel for LRAPA's board to retain one at-large board member and appoint a second one at a time when Eugene would seat its new representative. Mayor Piercy closed the Public Forum and opened the floor for councilor comments and questions. Councilor Pap6 thanked those who testified. He wished to compliment in particular the work of the group CAFHN. He commended their testimony and their research and materials, adding that the latter was very thorough. He asked the City Manager if the council would be working out a process and whether it was getting too far ahead of the Planning Commission. City Manager Taylor reported that he had conferred with Interim Director of Planning and Development Susan Muir and members of the neighborhood. He said Ms. Muir was working on the issue and would be responding to their concerns, specifically what kind of proposal would be made to the Planning Commission and how the options could be furthered refined. He offered to provide a written response from Ms. Muir to address the concerns regarding building height and mass. Councilor Pap6 responded that he hoped the planning would be fully vetted prior to coming before the Planning Commission and ultimately the City Council. City Manager Taylor called it an important conversation to have with all neighborhoods. Councilor Pap6 expressed appreciation for the testimony from the firefighters. He clarified that Station 9 was staffed at 75 percent but did not have an engine company. Councilor Pap~ observed that the Santa Clara park issue had brought the community together. He thanked the SCCSPOS members for their testimony. Continuing, Councilor Pap~ asked the City Manager to respond to testimony about the draft PROS plan and potential involvement of SDC money. City Manager Taylor replied that the draft plan was a proposal from the Mayor's committee that was working its way toward council consideration and adoption and/or modification. He did not believe that the proposal involved SDCs. Councilor Pap~ related that he had been contacted by some concerned citizens whose property had been listed in the plan. MINUTES--Eugene City Council May 9, 2005 Page 6 Regular Session Councilor Taylor thanked all who spoke at the Public Forum. She supported taking the time necessary to formulate a good proposal for the CAFHN group. She admired the work they were doing. She opined it was important to take the time to do nodal development, or whatever nomenclature it fell under, correctly and to fully involve the citizens. Councilor Taylor congratulated the Nectar Way/Dillard Road citizens and the SCCSPOS people for forming an alliance. She felt they had much in common as they were both dedicated to doing what they thought was right for their respective communities. She wanted to know who paid for the Santa Clara parks survey. She thought it was ;;push polling" and that it was inappropriate. City Manager Taylor responded that the City paid for the survey. Councilor Ortiz also thanked everyone for coming to the Public Forum. She thanked the members of the firefighters' union in particular for coming out and sharing information with the council. Councilor Kelly also thanked everyone for coming down to speak. He thanked Ms. Perle for bringing copies of the Santa Clara parks survey for the council. He had been involved with a number of surveys and thought it was not unusual to ask questions in the ways that the survey had sought to do. He said, however, that this strategy was effective only if the statements made to the survey-respondent were absolute fact. He questioned whether the statements in the survey would qualify as fact. Councilor Bettman conveyed her gratitude to those who testified. She understood that the council had not approved the draft Parks and Open Space Comprehensive Plan, but had merely voted to accept it. Regarding the CAFHN and CNR issues, Councilor Bettman felt the issues could be resolved by more advance work with neighborhood representatives. She thought the CAFHN proposal was modest and was in line with the standards for nodal development. She remarked that since staff's objective was to remove obstacles to higher density projects in neighborhoods, would not additional regulation in terms of standards be considered obstacles? She wondered how the City would be able to implement character standards in the face of Ballot Measure 37. She noted she had requested a work session on mixed-use development. 2. CONSENT CALENDAR A. Approval of City Council Minutes - April 11, 2005, Work Session - April 11, 2005, City Council Meeting B. Approval of Tentative Working Agenda C. Ratification of Intergovernmental Relations Committee Actions of March 17, March 24, March 31, April 7, April 14, 2005 D. Resolution 4834 Approving the Eugene-Springfield Five Year Consolidated Plan for Housing and Community Development for Submission to the Federal Department of Housing and Urban Development E. Approval of 2005-06 Funding Allocations for Federal Community Development Block Grant, HOME Investment Partnerships, and American Dream Downpayment Initiative Programs F. Adoption of Resolution 4835 Adopting the National Incident Management System (NIMS) as the Standard for Incident Management in the City of Eugene MINUTES--Eugene City Council May 9, 2005 Page 7 Regular Session G. Approval of Minutes, Findings, and Recommendations from the Hearing Official and Adoption of Resolution 4833 Forming a Local Improvement District for Alley Paving in 23 Various Alley Locations in The West University Neighborhood Generally Bounded by Willamette Street, 19tn Avenue, Kincaid Street, and Franklin Boulevard (Job #4172, 4309, 4310) Councilor Poling, seconded by Councilor Solomon, moved approval of the Consent Calendar. Councilor Bettman stated that she previously submitted minutes corrections. She asked to pull items C, D, and G from the Consent Calendar. Councilor Kelly said he also submitted minutes corrections electronically. Mayor Piercy acknowledged the minutes corrections. Councilor Taylor indicated she would have also pulled Item G. Roll call vote; the motion to approve the Consent Calendar with the exception of Items C, D and G passed unanimously, 8:0. Councilor Bettman, seconded by Councilor Ortiz, moved to amend the recommendation from the Council Committee on Intergovernmental Relations on House Bill 2608 to change it to Priority 2 Oppose. Councilor Bettman averred the bill would discriminate against people who live and work in the community. She thought the council needed to take a stand on it regardless of whether the bill gained traction in the Oregon Legislature. She predicted that, should this bill not move, other bills like it would be presented in time. She underscored that the bill would not make citizens more secure. She predicted that terrorists would be able to falsify documents and receive driver's licenses while it would not be easy for people who were merely living and working in the country to gain the documents needed for them. Councilor Kelly indicated his support for the motion and noted that both the Eugene Police Department (EPD) and the Human Rights Commission (HRC) had taken a stand against the bill. He pointed out that naturalization could take ten years. Councilor Ortiz reiterated that EPD Chief Bob Lehner had recommended opposing the bill. She also wished to call attention to the probability that not only would people be more likely to drive without a license, they would also be more likely to drive uninsured which would increase the liability for members of the community. Councilor Pap~ understood the bill to indicate that people had to be in the state legally but that it did not specifically call for citizenship. He did not see it as an issue of homeland security. He believed a driver's license to be a privilege and not a right. Councilor Pryor commented that he had a difficult time deciding how to vote on this, but based upon the recommendation of Chief Lehner he would support it. MINUTES--Eugene City Council May 9, 2005 Page 8 Regular Session Councilor Taylor averred that the bill did not require citizenship and did not constitute discrimination. She noted that 39 states already required proof that a person was in the country legally prior to granting a driver's license. Councilor Poling concurred. Roll call vote; the vote on the motion was a 4:4 tie; councilors Ortiz, Bettman, Kelly, and Pryor voting in favor and councilors Solomon, Poling, Taylor and Pap6 voting in opposition. Mayor Piercy voted in favor of the motion and the amendment passed on a final vote of 5:4. Roll call vote; the main motion passed unanimously, 8:0. Mayor Piercy moved on to Item D, the resolution to approve the Eugene/Springfield Consolidated Plan. Councilor Bettman said it would be awkward to address her concerns because the councilors did not have a copy of the plan in the agenda packets, she did not have the requested specific amending language to the plan, and the plan was required to be adopted by May 15. Councilor Bettman, seconded by Councilor Kelly, moved to delete the word ;rental' from the heading of the table at the top of page 54. Councilor Kelly requested, should the other proposed amendments be of a ;;surgical quality," that they be bundled. Councilor Bettman said she spoke to staff and they were amenable to the edit. Councilor Solomon asked PDD Grants Manager Linda Dawson to speak to the amendment. Ms. Dawson said the proposed word change was in line with the intent of both cities. Roll call vote; the amendment passed unanimously, 8:0. Councilor Bettman, seconded by Councilor Kelly, moved to delete references to alley improvements and to references to code changes as it pertained to the City of Eugene. Councilor Bettman said, in terms of zoning issues, the plan could be amended afterward. She felt the council needed to give the City Manager policy direction on the issue of mixed-use development. Regarding alley and street improvements, she averred that should the council be able to see the plan, it would understand the need to make this amendment. City Manager Taylor stated that the plan was available in the council office and on the Internet. He said he had only just heard the suggestion for amendments from Councilor Bettman earlier in the afternoon. He asked the council if it wanted to hold up the plan and defer action to the work session scheduled for May 11. MINUTES--Eugene City Council May 9, 2005 Page 9 Regular Session Councilor Bettman approved of this idea. She related that she had looked for the plan on the Web site and had discovered that it was a 94-page document. Mayor Piercy determined from the council that the item could be postponed until the work session scheduled for May 11. Mayor Piercy moved on to Consent Calendar Item G. Councilor Taylor indicated that she opposed the entire project because she did not approve of this method of forcing people to pay for assessments. She wished to find a way, in particular, to exempt the Eugene Garden Club. She commented that it was not right to classify the club as a business. City Attorney Glenn Klein said the only way to exempt the Eugene Garden Club would be to exempt the entire alley from the plan. He explained that the code established who would be assessed and one could not change the code except by ordinance with a six-month lead time. Councilor Taylor asked if there was a way to change the club's classification. Mr. Klein replied that he had not looked into this. He said that the item could be postponed. Councilor Taylor moved to table the item. The motion died for lack of a second. Councilor Bettman intended to vote against the motion. She did not believe there was any substantiation that paving alleys reduced crime. She also thought it would set a precedent for City-initiated local improvement districts (LIDs). She predicted that, coupled with the ~relentless pursuit of infill" in existing stable neighborhoods, it would create incompatible development and a huge financial burden on areas in which alley improvements were made. She said mixed-use development, as currently proposed and enabled by alley improvements, would replicate the exact problems that manifested in the West University Neighborhood in other ~inner-city" neighborhoods. Councilor Pap~ applauded the work of Councilor Kelly and the West University Neighborhood Task Force (WUNTF). He noted that the process had been underway for two years and had not arisen over night. He thought the recommendations, of which alley improvements were one, had been the result of careful review. He agreed there was a problem throughout the city and that the City should find a way to finance and improve the alleys to a reasonable level of functionality and use. Councilor Kelly thanked staff for their involvement through the process. He noted that approximate numbers were discussed with any inquiring property owner. Also, he said, similar estimations of cost were discussed at the hearing. He pointed out that he lived in that neighborhood. He opined that unimproved alleys held more trash and that generally, properties adjacent to unimproved alleys seemed to have less care in their upkeep. Roll call vote; the motion passed, 6:2; councilors Taylor and Bettman voting in opposition. Councilor Taylor hoped it would be possible to obtain information on how to reduce the assessment to the Eugene Garden Club. City Manager Taylor responded that the council could choose to use its contingency MINUTES--Eugene City Council May 9, 2005 Page 10 Regular Session money to help the club, but that this would set a precedent. He said he would provide a memorandum to the council on the possibility of reclassification for the club. Mayor Piercy called for a five-minute break at 8:56 p.m. 3. PUBLIC HEARING: An Ordinance Creating the Metropolitan Wastewater Management Commission as an Intergovernmental Entity; and Providing an Immediate Effective Date; and A Resolution Approving the Issuance of Revenue Bonds by the Metropolitan Wastewater Management Commission; and Providing an Effective Date City Manager Taylor asked Wastewater Division Director Peter Ruffler to outline for the public the nature of the hearing. Mr. Klein clarified that the public hearing was not only on the ordinance creating the Metropolitan Wastewater Management Commission (MWMC) but was also on the resolution approving the issuance of revenue bonds. Mr. Ruffler stated that the regional wastewater program was managed under an intergovernmental agreement (IGA) between the cities of Eugene and Springfield, and Lane County. He said the agreement was established in 1977 and changes to the agreement were now being proposed to align it with operational conditions and public policies that had evolved in the wastewater program over the last 25 years. He indicated that changes were also being recommended that would facilitate the issuance of revenue bonds by the MWMC, necessary to the 2004 Facilities Plan and related capital projects for the regional wastewater program. Mayor Piercy opened the public hearing. Roxie Cuellar, 2053 Laura Street, speaking on behalf of the Lane County Home Builders Association (LCHBA), requested that the record be kept open until May 13 at 5 p.m. She noted a conversation that she had with MWMC attorney Dave Jewett earlier in the day and indicated that it seemed the association's issues might "disappear." She explained that the LCHBA's main issue had been with how much control the MWMC would have over the adoption of SDCs, because that was something that the State Legislature "intended the elected officials to do." She stated that based upon the new language in the Eugene ordinance and resolution, Mr. Jewett had interpreted it to say that it would be the council's purview to adopt the SDC methodology. She remarked that this interpretation would "delight" the LCHBA. She indicated that it would be beneficial to receive affirmation of this interpretation in writing. Mayor Piercy closed the public hearing. Councilor Solomon, seconded by Councilor Papd, moved to keep the record open until 5 p.m. on May 13. Roll call vote; the motion passed, 7:1; Councilor Bettman voting in opposition. MINUTES--Eugene City Council May 9, 2005 Page 11 Regular Session 4. PUBLIC HEARING: An Ordinance Concerning Prohibiting Smoking in Public Structures; Adding Section 6.232 to the Eugene Code, 1971; Amending Section 6.990 of that Code; and Providing an Immediate Effective Date City Manager Taylor said this item had been discussed since the council first revisited the issue of smoking in outdoor areas. He stated that the ordinance was designed to create a moratorium on new outdoor smoking areas while the council considered new standards. He asked Permit Review Manager Keli Osborn to speak about the ordinance. Ms. Osborn explained that the new ordinance had been crafted at the request of the council and proposed a prohibition on smoking in new outdoor smoking areas. She said the moratorium would be on use and not on construction. She related that it had been suggested by the council as an interim measure until the council could consider standards for outdoor smoking areas. She noted that the work session scheduled for May 23 would take another look at outdoor smoking area standards. In conclusion, she reported that one proposed outdoor smoking area was in the permitting pipeline as a part of a much larger construction project on River Road. In response to a question from Councilor Kelly, Ms. Osborn said she expected the moratorium would be months in duration and not years. Councilor Kelly noted that he did not see a tentative action date scheduled for this ordinance. Ms. Osborn replied that she had anticipated the council would take action at the current meeting. City Manager Taylor clarified that it would take a unanimous consent to adopt the ordinance at the present meeting, so if one councilor objected it would be scheduled for the next meeting. Councilor Pap6 declared that he would not be able to pass the ordinance without a sunset date. Councilor Bettman stated that she wished to avoid, through this moratorium, the proliferation of more outdoor smoking areas that were inconsistent with the original intent of council. Ms. Osborn said any operation could submit a permit and it could be approved according to existing standards. She added that the Permit and Information Center had posted fliers to help make the public aware that the council was considering this moratorium. Councilor Bettman was amenable to a sunset date and suggested that early fall would be appropriate. She favored adoption at the present meeting. Mayor Piercy opened the public hearing. Bob Jensen, 86635 Pine Grove Road, stated that he could not point to the smoking ordinance as the reason that the Wild Duck Restaurant had closed, but felt that it did "put a hole in the social fabric" of the enterprise. Regarding concerns expressed about employees working in outdoor smoking areas, Mr. Jensen suggested that protective masks would provide sufficient mitigation. He said many industries used such masks to MINUTES--Eugene City Council May 9, 2005 Page 12 Regular Session provide safety for employees. He commented that heated smoking areas are provided for the ~pariahs" who smoke cigarettes, a legal activity, and an employee could safely enter those areas with such a mask. He noted that the reason he did not construct a smoking area for his establishment was that he did not have the money to build a nice area compatible with the rest of the building. In closing, Mr. Jensen asked if the intent was to limit smoking altogether or if the intent was truly to provide safety for the employee. Stewart Stephens, 21 West 6th Avenue, stated that he was a bartender. He remarked that the bar had been dealing with the smoking issue for quite some time. He related that he sometimes walked into the bar to find it completely empty and the smoking area completely full. He said customers wanted a comfortable place to smoke but the City forced the bar to expose its customers to the elements. He noted that the Hilton Hotel had a floor dedicated to smoking rooms and employees worked on that floor. He did not understand why the bars were being targeted. He alleged that the restrictions were in violation of the Oregon Smoke-Free Workplace laws, specifically Oregon Revised Statute 433.850. Joel Pomerantz, 1171 Risden Place, representing the Oregon Restaurant Association (ORA), requested that the record be kept open until the end of the week in order for the council to seek a legal opinion on Mr. Stephens' testimony. He related that it had been brought to his attention that the ordinance could potentially be in violation of Ballot Measure 37. He felt it was clear from testimony and discussions he had with local bar operators that business people in Eugene had sought to cooperate with the City and did not disagree with the general intent of the council. He thanked the council for its consideration. Anthony DeSiena, 1940 Parliament Street, physician, stated that 53,000 people die annually from second- hand smoke. He said it was now known that second-hand smoke was the leading cause of breast cancer, diagnosed in 273,000 women annually. He averred that in areas where smoking laws had been put into effect, such as New York City and areas of California where business could be monitored through sales tax receipts, a ten-percent increase in business had been observed. He underscored that 80 percent of the population did not smoke. Regarding the use of a breathing mask, Dr. DeSiena did not believe such a requirement would work. He averred there was no viable scientific evidence that smoking rooms with 25 percent open space, as per current construction standards, provided protection. He asserted that when winterized, the smoking rooms became more closed and the purpose of the City Council's ordinance was defeated. Mayor Piercy closed the public hearing. Councilor Solomon, seconded by Councilor Pap~, moved to keep the record open until 5 p.m. on May 13. Roll call vote; the motion passed, 5:3; councilors Bettman, Taylor, and Kelly voting in opposition. Councilor Pap~ asked Mr. Klein to respond to allegations of potential conflicts with the Oregon Revised Statute or Ballot Measure 37. Mr. Klein replied that the ballot measure dealt with land use regulations and this was not one of those. He added that even if it was a land use, Ballot Measure 37 exempted public health and safety. Regarding ORS 433.850, he said he would check with City Attorney Jerry Lidz, who worked on the ordinance, and provide the council with a memorandum in response to that concern. MINUTES--Eugene City Council May 9, 2005 Page 13 Regular Session Councilor Kelly supported the inclusion of a sunset date in the ordinance. Councilor Bettman asked if the issue could be considered at the May 18 work session. She felt it was urgent as more outdoor smoking areas could be built in the interim. Mr. Klein stated that if a building permit was not in possession by March 1, such a structure would not be grandfathered in. The meeting adjourned at 9:30 p.m. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Ruth Atcherson) MINUTES--Eugene City Council May 9, 2005 Page 14 Regular Session