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HomeMy WebLinkAboutCC Minutes - 04/11/05 Mtg MINUTES Eugene City Council Regular Session Council Chamber--City Hall April 11, 2005 7:30 p.m. COUNCILORS PRESENT: George Poling, David Kelly, Betty Taylor, Jennifer Solomon, Chris Pryor, Andrea Ortiz, Bonny Bettman, Gary Papd. Mayor Kitty Piercy called the meeting of the Eugene City Council to order and welcomed all those present. 1. CEREMONIAL MATTERS Presentation from New Zone Artist Collective and IMPACT Arts Steve Lariccia said Mayor Piercy was the guest speaker at a fundraiser for the New Zone Arts Collective and the IMPACT Arts. He thanked her for her kind words and presented a framed poster to her that had been signed by all of the artists. He said the fundraising work had aided the New Zone Arts Gallery in finding a new space. Tom Higgins, president of the New Zone Art Gallery, thanked the City. He announced that the gallery would reopen at its new location at 975 Oak Alley for the first Friday Art Walk scheduled for May 6. He noted that the gallery had a Web site: newzone.org. He recommended that the councilors check out the site. Mayor Piercy said she was honored to receive the poster and she looked forward to seeing the gallery in its new location. 2. PUBLIC FORUM Mayor Piercy reviewed the rules of the Public Forum. Pauline Hutsui, 1025 Taylor Street, reiterated her opposition to the proposal to locate a hospital on the Eugene Water & Electric Board (EWEB) site. She pointed out that two lanes of the Ferry Street Bridge had been closed for 90 minutes due to an auto accident on April 6. She was dismayed at how little attention was being paid to the lack of access to the site, which she considered to be a critical issue. She felt there was a high probability that emergency vehicles would run into problems if they attempted to use the bridge. She noted that one car stalled on the bridge recently and caused traffic to be backed up for five blocks. Additionally, she expressed concern about the increased rush hour traffic. She predicted it would create dire circumstances in terms of reaching a hospital in a timely fashion. MINUTES--Eugene City Council April 11, 2005 Page 1 Regular Session Zachary Vishanoff, Patterson Street, circulated copies of a resolution the West University Neighbors Association adopted that requested the City's involvement in any plan the University of Oregon had to build a basketball arena. He noted that since the neighborhood association had passed it, the resolution had also been approved by two student cooperatives, the Associated Students of the University of Oregon (ASUO), and the Whiteaker Neighborhood Executive Board. He hoped to gain more endorsements. He wanted to slow the process down and allow for more public input. Mr. Vishanoff expressed concern that the University of Oregon campus might be a possible site for future Olympic trials. He called this a "really big decision," important to have a "real discussion about." He thought communities became overbuilt and %ver-surveilled" as a result of being Olympic sites. Mr. Vishanoff reiterated his opposition to the University's movement of older housing that it owned from the East Campus area. He called it "ongoing discrimination" and asserted that it was "illegal and racist." Ed Singer, 4160 Eddystone Place, favored a large community park in the Santa Clara site currently under consideration for a land swap. He recalled that area residents were promised such a park prior to voting on the 1998 Parks Bond Measure. He felt a land swap to be a "win-win situation." He recognized concerns some residents had regarding a large increase in population in that area, but averred the land would ultimately be developed regardless of whether the City undertook the land swap at this time. He suggested the City purchase the property in order to mitigate those concerns. Hope Marston, 3110 University Street, spoke in support of Resolution 4830, urging the federal government to uphold international treaties against torture and inhuman treatment. She thanked councilors Bettman and Taylor for bringing the resolution to the attention of the City Council. She recognized that some people would question whether this was a local government issue. She averred that not only Congress, but each and every citizen should honor the principles of the Constitution and the treaties made by the government. She pointed out that councilors had promised in their oath of office to defend the United States Constitution. She cited the 5th Amendment which bans self-incrimination, the 8th Amendment, which bans cruel and unusual punishment, and the 14th Amendment, which guarantees equal protection under the law. She stated that torture destroyed constitutional guarantees that apply to all human beings regardless of race, color, or citizenship. She stressed that the United States principles must be upheld for the entire world to see. She urged support of the resolution because it was for the benefit of the United States' soldiers who also should be treated in a humane way in accordance with the Geneva Convention. She asserted that torture made everyone less safe from terrorism. She pointed out that in 2002 the Eugene City Council became the 16th city nationwide to remind the US Congress that the citizens of Eugene still valued their Bill of Rights, threatened by the Patriot Act. Gordie Albi, 1690 Adkins Street, #2, averred that the City of Eugene should be leading the country in its opposition to torture because it had been the location of the first residential psychological, medical, and social rehabilitation project. She explained that it had begun over ten years ago for the purpose of aiding survivors of torture from Latin America and had been an all-volunteer project. She listed some of the contributors, including the Easter Seal Society, Sacred Heart Hospital, and Whitebird Medical Clinic. She stated that the University of Oregon law students had won the first case of political asylum in the state of Oregon for someone from Guatemala. She provided pictures and an article from The Register-Guard regarding the program. She also read from the brochure, underscoring that people needed to stand together to end torture. MINUTES--Eugene City Council April 11, 2005 Page 2 Regular Session Tom Watson, 1963 7th Street, Springfield, spoke in regard to the ICMA/PERF Report on the problems in the Eugene Police Department (EPD). He thought it seemed clear that the department had prior knowledge of its problems. He asserted that though eight years earlier such a report had been requested, the City Council had paid $108,000 to "hear it all over again." He felt the City officials had failed its citizenry by declining to act on the earlier report. He averred the present report pointed to a lack of supervision, training, and accountability. He called the report a "smoking gun of liability" for the City of Eugene. He stated that the City needed leadership and needed to get the "bad cops off the streets." He quoted Gail Fisher-Stewart, who asked what kind of culture would allow these activities to go unnoticed and unaddressed. He asserted that Eugene still wanted to believe that the EPD was not in crisis. He alleged that the City would not be in this position today had it responded appropriately to the study eight years earlier. He felt the human resources division was pushing diversity over public good and sweeping changes in the EPD were necessary. Paul Cont,, 1461 West 10th Avenue, member of the Chambers Area Families for Healthy Neighborhoods (CAFHN), provided copies of the research done by the group on the R-2 zoned lots that were east of Chambers Street in the Chambers Node Revisited (CNR) project area. He said the research presented a clear picture that in this area the infill policy of Eugene had failed to produce substantial benefit in reducing pressure for sprawl and instead had done substantial harm to healthy functioning parts of this pedestrian- friendly neighborhood with close-in lots. He recounted that for many years the R-2 zoning had allowed roughly two dwellings per lot and this resulted in the development of smaller scale dense dwellings such as duplexes and small attached and detached units. He felt this had little impact on the stability of the neighborhood. Since then, the allowance for density had been substantially increased in an attempt to relieve the pressure of urban sprawl. He said 27 lots with three or more dwelling units had been developed, of which 19 caused severe negative impacts on adjacent properties and five caused substantial negative impacts. He felt this was the sort of hard data that the Planning and Development Department (PDD) should be gathering. He said CAFHN would present proposals for development standards to the Planning Commission and the City Council that would allow density that exceeded levels set by the City and regional policies. He added that those proposals would also start to implement City and regional policies to protect and stabilize established neighborhoods. He underscored that the proposals would be grounded in thorough research. Carol DeFazio, 1437 West l0th Avenue, also represented CAFHN. She noted that CAFHN had presented its interim Neighbors' Report to the council in February, which included a comprehensive description of the character of their neighborhood. She commented that the basic patterns of the neighborhood were simple, elegant, intuitive, and effective. She asserted that they had stood the test of time and had made the neighborhood the "wonderful, friendly, diverse, and successful urban community" it had been for over 75 years. She averred that developers and planners were now designing large-scale neo-traditional developments all over the country, including on the fringes of Eugene. She alleged that existing neighborhoods were under a constant threat of destabilization. She thought current R-2 zoning standards left older neighborhoods vulnerable to exploitation as developers would come in and attempt to build as many units as possible on a lot without thinking of the impacts on neighbors. She called it "tragic," as this infill did not save farmland and only destroyed the character of existing neighborhoods. She asked what sense there was to land use planning that tossed out the "genuine article" for a reproduction. Kate Perle, 4740 Wendover Street, noted that the council had been provided copies of a document produced by the Santa Clara Community Organization entitled An Alternative Proposal for Community Parl~ Facilities in Santa Clara. She read the preamble into the record, which laid the groundwork for a proposal to find a number of smaller parcels to use for parks rather than expanding the urban growth boundary MINUTES--Eugene City Council April 11, 2005 Page 3 Regular Session (UGB) to allow for the proposed land swap and development of a larger park. Speaking for herself, she urged close consideration of the proposal because she felt the McDougal land swap was a precedent-setting issue. She thought the council should consider how it would affect future development of the Santa Clara area and the surrounding community. She felt the goals of the Parks and Open Space Division could be achieved in other ways. She agreed with Ed Singer that Eugene would grow, but averred that a growth plan should look to preserve Class 1 soils to feed the increasing population. Majeska Seese-Green, PO Box 1214, president of the Whiteaker Community Council, spoke on behalf of the Railroad Pollution Coalition (RPC). She conveyed its support for the amendment brought forward by Councilor Ortiz that proposed to exclude properties now owned by the railroad from the application for an enterprise zone. She alleged that a number of properties that were within the railyard boundary were now included in the proposed zone and asked that the boundary be adjusted to remove any rail-owned and other railyard-related properties. She indicated that the coalition believed the intent of the amendment had been the exclusion of all of the properties within the Eugene railyard. She urged that planning be done for the railyard and surrounding neighborhoods before industrial or any other type of development was actively promoted in the area. She stressed the importance of planning in order to avoid diminishment of the health and livability of surrounding neighborhoods. She suggested that Northwest Container Services was poised to develop one or more parcels in the vicinity. She conveyed the neighborhood's concern that the new facility was considered to be a potential spur to additional distribution and trucking facilities in the same vicinity. She predicted this would initiate further growth that would thwart comprehensive planning. She opposed providing tax waivers to such development. Linda Swisher, 3285 Bell Avenue, stated that the RPC represented four neighborhood associations and other community groups concerned about Eugene's railyard. She acknowledged the ambiguities in how the railyard was defined. She related that RPC had found little justification in the definition of railroad property boundaries provided by staff. She alleged that staff had bisected some properties while leaving others out altogether. She said the Department of Environmental Quality (DEQ) had little information and no maps showing railyard tax lots. She asserted that the DEQ admitted it did not know the "justification for how the boundary of the yard" was depicted on their maps. She averred that the DEQ environmental contamination site investigation database listed seven tax lots as within the Eugene railyard site, described in a letter submitted to the council. The RPC believed that, at a minimum, the seven lots should be included as part of the railyard exclusion from the enterprise zone. Additionally, she said Appendix L ofthe enterprise zone application failed to mention that comprehensive planning had not been done for the rail-related areas of the zone. She noted that the application mentioned Eugene's active neighborhoods program. She pointed out that the member neighborhood groups in the RPC had not received information on the enterprise zone and that participating neighborhood groups would be asked to sign advisory letters to the State in opposition to the enterprise zone. Nadia Sindi, 3950 Goodpasture Island Loop, urged the council to take a stand against torture. She said she had been born in the Middle East in a country that did not respect human rights. She came to this country for freedom and she wanted to be proud to be American. She stated that she dealt with many Arab- American and Muslim issues, especially since the tragic events of September 11,2001. George Gessert, 86070 Cougar Lane, commented that it was unfortunate that the council had to discuss the resolution against torture, especially given the number of pressing local issues. He said it was apparent that President George W. Bush approved of the use of torture, making this clear to the world through his appointments and his defense of Donald Rumsfield. He pointed out that the majority of the members of both MINUTES--Eugene City Council April 11, 2005 Page 4 Regular Session houses of Congress had supported the President or acquiesced to him about this issue. He alleged that the practice of torture was being continued in the prisons in Iraq, though it violated the 8th Amendment of the Constitution. He felt it was no longer possible to go to elected leaders on a national level. This necessitated that such things be addressed locally. Henry Alley, 835 East 32nd Avenue, supported Resolution 4830. He felt it was profoundly relevant to the city of Eugene for the following four reasons: 1) Assurance that people were being treated humanely around the world developed pride in our country; 2) Combining with other communities in support of this resolution sends a strong message that this country believes in keeping promises such as those made in the Geneva Convention; 3) The resolution was in keeping with Eugene's presentation of itself as a humane city, which only worked to create a more secure city; 4) A more humane United States meant a more humane Eugene. Bob Pearson, 5170 Fox Hollow Road, thanked the Mayor and the City Council for giving so much of their time to this job. He said the Mayor and councilors understood the ~larger picture" and carried it out with genuine sincerity. He shared that he watched the council meetings on television. He quoted Thomas Jefferson, who said, ~the whole art of government consists in the art of being honest." He said on the surface it often looked like the truth needed some adjustment in an effort to gain popularity. He averred that popularity would go away but truth never changed. He remarked that it took a wise person to %at 800" on any issue. He thanked the council and Mayor for the way they struggled ~to be honest." He commented that he would be exhausted if he had to participate in council meetings. Ray Wolfe, 1473 Luella Street, said his investigation into the process leading up to the proposed enterprise zone had lead him to suggest that the City undertake a more comprehensive study prior to voting on it. He was particularly concerned about the millions in lost tax revenue, especially given that EPD lacked sufficient personnel to meet community need for crime prevention. He asserted that there were serious oversights in the 2004 Economic Development Committee report, primarily in the lack of data from the 1997 Enterprise Zone Advisory Committee minority report. He referred the council to an article from a 1996 professional review entitled, Rhetoric Versus Reality Reveals Studies of a State Enterprise Zone, a real study of enterprise zones, and an academic study entitled, State Enterprise Programs: Have They Worked, all three of which he felt raised questions about the effectiveness of such zones. He recalled that the 1997 council had voted to allow the existing zone to expire, because of observations made in the committee reports. He opined that many of those observations were still valid. He averred that enterprise zones were not effective engines for economic growth. He asked the council to defer its vote on this issue until more comprehensive studies had been completed. Ann Yaughn, 4269 Altura Street, wished to address the land swap that would extend the UGB in Santa Clara. She said the exchange would provide Santa Clara with much needed space. She stated that although she was on the Santa Clara Organization Board and on the River Road/Santa Clara Task Force, she was speaking only for herself. She acknowledged the strong feelings on both sides of the issue within the community. While she respected those who oppose consideration of the proposal and the work they had done to come up with alternatives, she believed that especially with the passage of Ballot Measure 37, few opportunities such as this would present themselves. She called it critical that the community be visionary and plan for future growth. She felt it was reasonable to assume that the acreage involved would be developed with or without the land swap. She predicted that without the land swap there would likely be no MINUTES--Eugene City Council April 11, 2005 Page 5 Regular Session 77-acre park and wetland preservation would be questionable. She also predicted that little consideration would be given to assimilate the development with the present neighborhood without the swap. She urged the council not to let this opportunity slip by without looking into its feasibility. Claire Syrett, 363 Adams Street, wished to speak about the establishment of community standards within the proposed enterprise zone. She stated that she was an organizer for the Eugene/Springfield Solidarity Network: Jobs With Justice (ESSN). She asserted that public money used to subsidize private business should result in a measurable public benefit. She indicated that a business providing low-wage jobs with no benefits ended up costing tax payers twice, first in an enterprise zone subsidy and then again when the low wage worker needed help to feed his or her children or showed up at the emergency room for medical care. She related that the United Way 2004 State of Caring report indicated that Lane County's working families were struggling to meet basic needs. She reported that among households earning between $20,000 and $34,000 per year, 30 percent lacked enough money for food and 25 percent lacked enough money for decent housing. She noted that a full-time, minimum wage worker would make approximately $15,000 annually. She supported the establishment of community standards in the enterprise zone so that Eugene could help to move Lane County toward wage and benefit standards that would meet the basic needs of families. She said having employers who benefit from the enterprise zone provide a living wage to its workers by the time the tax incentives expired was a goal of ESSN. She defined a living wage as a wage on which workers could support themselves and one dependent. She hoped Eugene would pass such standards, calling it the first important step to move surrounding cities and the Lane Board of County Commissioners to adopt similar standards. Russ Brink, 132 East Broadway Street, # 103, Downtown Eugene, Incorporated (DEI), said among many positive developments in the downtown area were a series of activities and programs in the summer that were to be coordinated with the City's efforts to promote the arts and outdoors. Mr. Brink favored the application for the enterprise zone, adding his observation that "there must be some reason" why so many local governments in Oregon used the tool. He thought the previous enterprise zone program had worked well for Eugene. He strongly recommended prompt submittal of the application. Kevin Matthews, 1192 Lawrence Street, president of the Friends of Eugene, expressed his enjoyment of the comments provided at the Public Forum. He averred, however, that only a few of the residents of Eugene could come to a council meeting. He wondered what the citizens "at large" think on issues such as nodal development, UGB expansions, and enterprise zones. He noted that an economic news release, which he did not cite, had called Oregon the second fastest growing state in the country. He felt this meant that Oregon was "open enough" for business. Continuing, Mr. Matthews reviewed a graph taken from former councilor Shawn Boles' personal analysis of the 1998 Eugene Growth Management Study, copies of which were provided to the council. He extrapolated from it that the citizens who were members of the Eugene Area Chamber of Commerce were diametrically opposed to the desires of the rest of the citizens of Eugene regarding growth management. He said the citizens were "shouting into the wind." He registered his opposition to the enterprise zone. Karl Sorg, 1555 West 18th Avenue, # 11, supported the resolution addressed to the federal government and its "acts of terror." He recounted the military service he volunteered for during World War II, noting that he volunteered for it because he was terrified at the fascism he had seen in Spain, Germany, Italy, and France. He opined that he now saw his country engaged in terrorism he perceived to be outlandish. He expressed MINUTES--Eugene City Council April 11, 2005 Page 6 Regular Session shame for the country. He urged the council to pass the resolution that condemned the government's use of torture in its war against a people. Mayor Piercy closed the Public Forum and opened the floor for councilor comments and questions. Councilor Poling appreciated Mr. Pearson's comments and thanked him for them. Regarding the railroad property, Councilor Poling stated that the motion on the floor excluded it from the enterprise zone. He believed that if there were any other parcels of railroad property included in the enterprise zone, the motion should be tabled until it could be properly amended to exclude it all. Councilor Kelly thanked those present for the %xtraordinary range and quality" of the testimony. He requested a staff reaction to the parks proposal submitted by the Santa Clara Community Organization providing it would not violate the two-hour rule for staff time. He was specifically interested in whether the Santa Clara Elementary School site could feasibly be used as a site for an aquatic center. Councilor Kelly wished to know if the other councilors were interested in co-producing some sort of forum for discussion of the proposed basketball arena. He asked the City Manager to check in with the University of Oregon, given that it was the University's property, to determine if there was a way for the City to cooperate in organizing a public discussion on the project. Councilor Ortiz also thanked everyone for coming to the Public Forum. She appreciated comments about the enterprise zone and wished to reiterate that it was the council's intention to exclude the railyard properties. Councilor Ortiz asked if the proposed Santa Clara park could be placed on the agenda. City Manager Dennis Taylor responded that all of the information from the appraisals and from the survey was forthcoming and he predicted the item would be scheduled by the next week's agenda. Councilor Pap~ agreed that the testimony was ~wonderful." He echoed Councilor Ortiz' comments regarding the Santa Clara park proposals. He appreciated Mr. Singer's remarks and expressed hope that residents would continue to have a public dialogue about what should happen with regard to a community park promised by the parks bond in 1998. He looked forward to learning more of the facts about the land swap. Councilor Pap6 expressed his appreciation for the work of CAFHN. He stated that it was not often that a group of concerned citizens came to the council with a clear background in research and a commitment to move ahead positively and bring forth proposals that would work for their area of town. He called it a great way for a community to act and to give the council help that it needed. Councilor Taylor thanked everyone for coming. She said the citizens of Eugene were intelligent and well- informed. She admired the persistence of the Santa Clara citizens and the CAFHN members. She hoped the council would listen to their concerns. Councilor Bettman thanked everyone who welcomed the council back with '~thoughtful testimony." She wished to respond to the person who testified about the car accident on the Ferry Street Bridge and pointed MINUTES--Eugene City Council April 11, 2005 Page 7 Regular Session out that the bridge was the corridor by which the people in the north end of town accessed the existing hospital. Councilor Bettman stated that unless Resolution 4830 was pulled from the Consent Calendar, it would be approved without discussion. She thanked Ms. Marston and others for presenting the many reasons why the City should support the resolution. Continuing, Councilor Bettman stated that there would be a public hearing on April 25 at 7:30 p.m. for the community to give feedback to the City Council regarding the independent auditors' report (ICMA/PERF) on the EPD. Councilor Bettman thanked Mr. Conte and Ms. DeFazio for their work on the CAFHN standards. She pointed out that one of the top priorities unanimously adopted by the council and the Mayor sought to launch a neighborhoods initiative. She said three of the issues that were important to her were that urban core neighborhoods were eroding, that parks in those neighborhoods were becoming less safe, and that the City was seeing an erosion of the demand for downtown property because there was a ~liberal provision of conditional use permits" allowing properties to change from residential to commercial and office uses. Regarding the land swap offer, Councilor Bettman regretted that she had not asked for an appraisal of the property that the McDougal Brothers would be left with when she had asked for the appraisal of the property the City might gain. She felt the value of the property would dwarf the actual contribution they had proposed to make to the City. 3. CONSENT CALENDAR A. Approval of City Council Minutes - February 9, 2005, Work Session - February 14, 2005, Work Session - February 14, 2005, City Council Meeting - February 16, 2005, Work Session - February 23, 2005, Work Session - February 25-26, 2005, Goal-Setting Session - February 28, 2005, Work Session - February 28, 2005, City Council Meeting - March 7, 2005, Work Session - March 7, 2005, City Council Meeting - March 9, 2005, Work Session B. Approval of Tentative Working Agenda C. Approval of HOME Investment Partnerships Program Funding for Two Homeownership Units D. Appointments to the Citizen Planning Committee for the Whilamut Natural Area of Alton Baker Park E. Appointment to Lane Workforce Partnership F. Adoption of Resolution 4830 Urging the Federal Government of the United States of America to Uphold and Defend International Treaties and Conventions Against MINUTES--Eugene City Council April 11, 2005 Page 8 Regular Session Torture and Inhuman Treatment, and Further Ensure That All United States Government Agencies Abide by and Enforce These Treaties Councilor Poling, seconded by Councilor Solomon, moved approval of the Consent Calendar. Councilor Solomon asked to pull Item F from the Consent Calendar. Councilor Taylor pulled Item D. Councilor Kelly noted that he had previously submitted minutes corrections electronically. Councilor Bettman said she had previously submitted minutes corrections electronically as well. Mayor Piercy acknowledged the corrections. Roll call vote; the motion to approve the Consent Calendar with the exception of items D and F passed unanimously, 8:0. Councilor Taylor thanked the outgoing members of the Citizen Planning Committee for the Whilamut Natural Area of Alton Baker Park (CPCWNA) for their service. Councilor Pap6 expressed concern regarding the change in the motion before the council and indicated he would offer an amendment to it. He felt there should be a wide array of citizenry serving on such a committee. He noted that no one representing wards 5, 6, 7, and 8 had been selected, though one person from Ward 5 had applied. Councilor Pap6, seconded by Councilor Solomon, moved to amend the motion to appoint Eliot Mclntire to Position 15, for the unexpired term of Art Farley, on the Citizen Planning Committee for the Whilamut Natural Area of Alton Backer Park, an interim appointment beginning upon appointment and ending on October 31, 2005. Councilor Bettman indicated her dissatisfaction with the process. She maintained the nominations were under the purview of the Mayor. She did not believe it appropriate to bring up the nomination at this point. She supported upholding the Mayor's recommendations at this time. She suggested that concerns about the geographic distribution of committee members be a topic of discussion for the City Council Process Session scheduled for April 18. Councilor Kelly echoed Councilor Bettman's comments, adding that he did wish that more committees called for council interviews rather than a mayoral lead. Councilor Pap6 understood the change in the recommendations given by the Mayor were based upon the current committee recommendations for who should serve. Mayor Piercy responded that she reviewed the information from the applicants, and then made an ~initial run" at making the recommendation. Upon receiving further information, she related that she made changes to her original recommendation. MINUTES--Eugene City Council April 11, 2005 Page 9 Regular Session City Attorney Glenn Klein clarified that the motion the council believed to be in the Consent Calendar was the substitute motion. Mayor Piercy affirmed that this was so. Roll call vote; the amendment failed, 5:3; councilors Solomon, Poling, and Pap6 voting in favor. Roll call vote; the main motion passed unanimously, 8:0. Mayor Piercy moved on to Item F, the resolution to take a stand against torture and ensure that all United States agencies abide by international treaties. Councilor Solomon explained that she had pulled the resolution because she did not agree that it was within the council's purview. She was most concerned because the resolution had come before the council with only two votes out of the Council Committee on Intergovernmental Relations (CCIGR) and had been placed on the Consent Calendar. Had she not pulled the item, it would have been voted on without discussion. She pointed out that she would have to solicit four votes should she want to place an item on the table. She did not think this was transparent government. Councilor Kelly underscored that the CCIGR majority represented only two votes because there were only three councilors on the committee. He averred she had the same mechanism open to her, which was that a matter she believed fell under the purview of the CCIGR could be brought to its attention and voted upon there, and then subsequently brought forward to the council for approval. He agreed the item should have been a stand-alone item. Councilor Kelly disagreed with Councilor Solomon's assertion that the resolution was not under the purview of the City Council. He reiterated that the councilors had taken an oath of office to uphold the United States Constitution and the resolution was the business of all of the residents of the country to defend and uphold the Constitution. Councilor Bettman averred that as the greatest %uperpower" of the world, the United States needed to set the highest standard for human rights. Because the City was not asking the federal government to make new laws, it was asking the government to uphold existing treaties and agreements, she believed it ~very appropriate" to reinforce this position through the resolution. She noted that the resolution was not precedent-setting as the council had taken a stand on the Patriot Act. Councilor Pap~ supported the spirit and substance of the resolution. He did not, however, believe it was a matter that belonged before the City Council. He averred this resolution was different than the resolution that took a stand against the Patriot Act in that the Patriot Act affected local residents. However, he indicated he would support the motion. Councilor Taylor urged support of the resolution. She said she was proud of the council for passing the Patriot Act resolution. She felt the City of Eugene was a leader in the nation. Councilor Ortiz concurred. She stated that local residents asked the council to take positions on such issues and the council should do so. She felt the council should take a stand against war crimes. MINUTES--Eugene City Council April 11, 2005 Page 10 Regular Session Councilor Poling said he originally intended to vote in opposition. He commented that the council could not even "get through [its] own business" and yet found time to weigh in on federal issues. He indicated he would support the resolution, however. Councilor Solomon did not think there had been adequate public participation in this item. She pointed out that there was an alternative path; that councilors and citizens could write letters as individuals. Councilor Pryor commented that he was normally disinclined to address issues that were far away from the business of the City. He said there were many issues that were appropriate in a larger forum that did not involve the City, its jurisdiction, and what it had to do. He thought once in a while, an issue came forward that, while not directly related to the City, was so important in its impact that the City should at least take a stand. He stated that torture was reprehensible. He supported the resolution, but stressed that he would not support every big issue that came before the council. He encouraged the council to reserve such resolutions for very special instances given that the council had a lot of business to conduct for the City. Roll call vote; the motion passed, 7:1; Councilor Solomon voting in opposition. 4. PUBLIC HEARING: Resolution 4831 Forming a Local Improvement District For Paving, Constructing Curbs and Gutters, Sidewalks, Pedestrian Medians, Street Lights, and Stormwater Drainage on River Avenue From 200 Feet East of River Road to 100 Feet West of Beltline Highway City Manager Taylor asked Michelle Cahill, Principal Civil Engineer for the Public Works Department, to provide a brief overview of the proposed resolution. Ms. Cahill stated that the public hearing was primarily to consider whether a local improvement district (LID) should be formed for River Avenue. She reported that the initial hearing had been held by a Hearings Official in the summer of 2004, and was continued before the council because of the number of remonstrances received at that hearing. She said the Lane Board of County Commissioners reconsidered its action of the summer of 2004 as well, and approved an order in February 2005, that authorized the City to assess the ten unincorporated properties that had frontage on River Avenue. Additionally, she stated that the contractor had agreed to hold to its original bid at the prices of the summer of last year. She indicated that the street plan was consistent with the arterial collector street plan and with the County's standards for an urban major collector. Ms. Cahill outlined the changes that had been made to the design standards for the project: sidewalk width was recommended to be changed from ten feet to five feet on a setback walk and six and a half feet for a curbside walk. She said in order to minimize the right-of-way action and conflicts to the trees, the City planned to "meander" the sidewalk. She indicated the third exception to the design standards was the inclusion of a turn lane at the west end of the project. She reminded the council that it was scheduled to take action on April 20, 2005. Mayor Piercy called for a five-minute break at 9:01 p.m. MINUTES--Eugene City Council April 11, 2005 Page 11 Regular Session Upon reconvening, Mayor Piercy reviewed the remaining agenda and determined that it was unlikely that the council would take action on Agenda Item 7: Resolution 4832 Authorizing the City Manager to Make Application to the State of Oregon for Designation of a West Eugene Enterprise Zone. Mayor Piercy opened the public hearing and reviewed the rules for testimony. Anna Morrison, 125 East 8th Avenue, speaking on behalf of the Lane Board of County Commissioners, stated that on February 9, 2005, through Resolution and Order Number 05-2-9-5, the County Commissioners approved the City's proposed improvement of River Avenue and authorized the City to assess benefiting properties outside the City limits for a portion of the improvements. Since this time, the board had received a number of contacts from land owners whose properties abutted River Avenue. These individuals had raised questions about the size, scope, and cost of the project. She reported that the board had revisited the ordinance in response to these comments on March 30, 2005, and during that review, City of Eugene Public Works Director Kurt Corey had assured the board that the council would hold a public hearing and could make modifications to the planned improvements if necessary. She stated that, after discussion, the board decided not to rescind the order, but did express its concern over the design and the overall need for the project. She conveyed the board's concerns: A) There was insufficient community involvement associated with the project; B) The project was premature, given the potential for the size and scope changes that could result from the Oregon Department of Transportation (ODOT) decisions on the Beltline Road and/or from conclusions of the River Road/Santa Clara Study; C) The size and scope of the project are greater than warranted by current and future conditions; D) The location of the bicycle path was inappropriate. Ms. Morrison thanked the council for the inter-governmental privilege. Paul Spain, 1112 Valley Butte Drive, explained that he owned property at 409 River Avenue. He was not opposed to fixing River Avenue, nor was he opposed to being assessed for improvements. He opposed the overall cost of the project. He cited, in particular, that of the $2.2 million it was slated to cost, $404,639 was included for engineering charges and another $87,965 was included for administrative fees. He questioned the validity of spending over $490,000 on %oft costs," given that the bid itself was just over twice that amount. He believed the City staff time to be valuable but thought some of that time was already paid for in tax moneys. He asked if the %oft costs" were part of the non-assessable portion of the project that was being funded by systems development charge (SDC) fees. He wondered if these costs were reduced or eliminated whether the larger amount of the SDC funding and property owners' dollars being used would go for the ~hard costs." Mr. Spain did not think the project should wait until ODOT had conducted a study of the interchange, as he had heard the department would not get to it until 2008, if that. Realistically, he asserted, it could be many years before results of such a study were analyzed and construction could be planned. He predicted the costs would increase while the City waited. He felt the opportunity to cost-share the project had already passed, given that the water treatment plant had completed its water reclamation project involving some street reconstruction. He thought it unfortunate that only one design had been presented and alternate designs were not developed. He reminded the council that the dollars that were to be assessed did not grow on trees. MINUTES--Eugene City Council April 11, 2005 Page 12 Regular Session Theresa Slocum, 621 River Avenue, owned three lots that bordered River Avenue. She reported that ODOT had already contacted the property owners in the 1990s to tell them that the entrance to Beltline Road from River Avenue did not meet safety regulations and that it was slated to be closed. She observed that the planned improvements were based on a classification of major collector, but ODOT was drawing up a plan to make it a dead end. In looking at the businesses on the east end of the avenue, she underscored that they were not the sorts of businesses that people walked to. She maintained that there was no bus service on River Avenue because there was no need. She cited as most important to her that the government agencies work together. She asked that the City not engage in a project that ODOT might later come in and undo. Lloyd Henson, 2420 Wilbur Avenue, indicated that he owned property at 795 River Avenue. He opined it was an expensive project with unnecessary bicycle paths. He pointed out that there was already a bicycle path on the south side of the wastewater management plant. He questioned the wisdom of eliminating on- street parking for vehicles while creating bicycle parking. He noted that the post office and other businesses sometimes had parking overflow onto the street. He did not think wide sidewalks were necessary. He agreed that River Avenue needed work, but disagreed with the scope of the project as proposed. Yuri Samer, 1790 Brewer Avenue, related that he commuted by bicycle to the Yujin Gakuen Japanese Immersion/Corridor School every Monday. He attested to the need for road improvements as there were potholes in the pavement and motorized vehicles in close proximity due to the lack of a shoulder. He knew from work on committees in the City that there were plans to continue River Avenue and improvements in the future on the hook that went under Beltline Road. He thought that would allow pedestrians and bicyclists to come off the bike path and avoid all of the traffic on River Road and Beltline Road, while providing an intersection of the north-south bicycle route. He added that he had witnessed senior citizens and children walking by the side of River Avenue. Mr. Samer sympathized with people who were "clobbered" with the cost of improvements. He recommended finding a different funding resource. Lewis Rucker, 87448 Territorial Road, Veneta, said he owned two parcels on River Avenue. He also agreed that River Avenue needed work. However, he averred the scope of the project was overbuilt. He thought spending $2.3 million on eight-tenths of a mile was too much. He was puzzled why the increase in gasoline taxes would not help to pay for the improvements. He stated that the man who owned low-income apartments on River Avenue had indicated that residents would pay the cost of the assessments through increased rent. Mr. Rucker asked that the project be undertaken at night in order not to hinder the businesses in the area. Mike Lawrence, 2953 Dry Creek Road, spoke on behalf of the North Eugene Faith Center, Four Square Church, located at 151 River Avenue. He explained that he had been pastor at the church for one month. He said the church was a small congregation that had owned its property for 22 years. He stated that its outreach and ministry was to some of the less economically advantaged communities on River Road and River Avenue, particularly the low-income apartments across the road from the church. He indicated that the assessments to the church could potentially cost at least two jobs. He reiterated that while the road needed improvements, it did not need improvements on the magnitude the City had proposed. He noted that he traveled the east end of the avenue several times a day and had yet to see a pedestrian beyond the post office. He registered the church's opposition to the proposed LID as currently planned. MINUTES--Eugene City Council April 11, 2005 Page 13 Regular Session Chuck Meeker, 309 River Avenue - 333 River Avenue, owner of Clemens Marina, said the project, as designed, was ~way out of control." He referred to comments by Ms. Cahill in which she had indicated that River Avenue was classified as a major collector street, with traffic volumes in the mid-range of the major collector standards on the west end. He reiterated that the street was. 8 miles long. He thought the traffic count numbers dropped dramatically once one drove past the post office. He questioned the wisdom of spending that kind of money on the entire road, given the dearth of traffic on the east end of it. He noted, as a point of information, that McKenzie View Drive, a 6.1 mile road with 82 driveways and 15 guardrails, had been replaced for $827,000. It seemed to him foolish to spend $2.2 million on a road that was only .8 miles long. Daniel Hill, 863 Mint Meadow Way, Springfield, said he owned two businesses, one of which was located on River Avenue. He agreed that improvements such as curbs and gutters were needed. He noted that stormwater drainage had always been a problem on the avenue. He stated that he was an avid runner who traversed the river bike path several times per week, traveling from one of his businesses to the other. He related that in eight years, he had seen two or three pedestrians along the avenue. Regarding a connection from the bicycle path to River Road, he opined that Owosso Drive already provided a quiet connection. He predicted that greatly improving River Avenue would encourage drivers to speed. He said some drivers already drove 50 miles per hour and more as they traveled from River Road to the Beltline Road. He asked the council to please reconsider the project and seek to reduce its scope and costs. Mayor Piercy closed the public hearing. Councilor Kelly asked staff to respond to a piece of written testimony that suggested an alternate design for bicycle access other than on-street bike lanes. Councilor Ortiz thanked those who testified. She asked that the public hearing be extended until 5 p.m. on April 12 in order for the River Road Community Organization to submit a statement following its meeting, held concurrently with the council meeting. Councilor Poling, seconded by Councilor Bettman, moved to keep the public record open until 5 p.m. on April 12. Roll call vote; the motion passed unanimously, 8:0. Councilor Poling asked what the plans were for the River Avenue underpass if access to Beltline Road was closed off. He also asked what the cost difference would be to conduct the work at night. He commented that there were many similarities between testimony on the River Avenue improvements and recent testimony on improvements that had been planned for the Crest Drive/Storey Boulevard area. He averred there must be a better way to design the project. Councilor Bettman asked, if this was an access to Beltline Road, why did ODOT not have an interest in some of the right-of-way and why was it not participating financially in the project. She observed that there was no desire on the part of the property owners to move forward and wondered if there was an ability to place a moratorium on any development that would increase intensity. She also wished to know if the Metropolitan Wastewater Management Commission would be assessed. City Manager Taylor indicated he would look into that and provide the answers on April 20. MINUTES--Eugene City Council April 11, 2005 Page 14 Regular Session Councilor Bettman asked why the on-street parking would be removed. She felt the on-street parking was a benefit to both residents and businesses. Continuing, Councilor Bettman observed that the stormwater utility funds were included in the funding mechanism. She felt the funds were more like a user fee and did not seem to be an appropriate funding mechanism for the project. Councilor Pap6 complimented Ms. Cahill. He said he attended one of the public information sessions. He related that the City had done a good job of publicizing the meeting and many people attended. He concurred with much of the testimony given at the present hearing. He thought a perfectly good bicycle path was already available south of the wastewater plant. He wished to know what the cost would be if one sidewalk was removed and if the mm lane was eliminated from the project. He asked if all of the participants would be assessed should one sidewalk be removed from the project. He also requested that staff explain what made up the engineering and administrative costs cited in one piece of testimony. He agreed with the recommendation that at least the work on the end of the road on which the businesses were located be conducted at night. He recalled that several businesses closed when the work on the Ferry Street Bridge had been done. He wondered if any traffic calming elements had been looked into. Councilor Pap6 stressed that the City needed to keep River Avenue open because it was one of the few streets that crossed the Beltline Road in the River Road area. Councilor Solomon stated that the post office had a large frontage on River Avenue and asked if it was possible to assess them. Ms. Cahill replied that the City could not assess the post office. Councilor Solomon remarked that this was unfair given the amount of street frontage it had. Councilor Solomon acknowledged the testimony that indicated that people with properties on River Avenue were largely not conceptually opposed to the street improvements and merely wanted the scope of the project scaled down to better match the use of the street. She said they did not need "all of the frills" as it was "not an exciting street," but they did deserve safety. Councilor Taylor was alarmed at the prospect that stormwater utility fees might be used to help fund the project. City Manager Taylor drew the council's attention to the bid, made in July 2004, and pointed out that the successful low bidder was willing to extend the bid through May 2005. He said many of the options the council would like to consider involving alternatives to the design standards would require the City to re-bid the project and this could significantly affect the cost of bids. 5. PUBLIC HEARING AND POSSIBLE ACTION An Ordinance Adopting Hazardous Substance User Fees for the Fiscal Year Commencing July 1, 2005 City Manager Taylor said the ordinance reflected the council's desire to retain the existing fee structure for one more year. Mayor Piercy opened the public hearing. Seeing no one present to speak, she closed the hearing. MINUTES--Eugene City Council April 11, 2005 Page 15 Regular Session Mayor Piercy ascertained from the council that there was a unanimous desire to take action on this item. Councilor Solomon asked if the proposal was simply a continuation of the existing program. City Manager Taylor replied that it did not address whether the City should expand the program and it did not have the benefit of legislative action, but it did allow the City to keep the existing structure and to keep the fees consistent with a more moderate approach. Councilor Solomon asked if there was a need to extend the deadline for the company owners to pay their bills. Glen Potter, Management Analyst for the Fire and Emergency Medical Services Department, responded that there had been precedents set for extending the deadline and there had been no objections to it in the past. Councilor Poling, seconded by Councilor Solomon, moved that the City Council adopt Council Bill 4898, an ordinance concerning hazardous substance user fees. Councilor Bettman asked for an update on the legislative process that sought a remedy for the cap on the fees. Mr. Potter thanked her for providing testimony to the House Environment Committee on March 31. He said he, Councilor Taylor, and Mayor Piercy had delivered the testimony. He related that Intergovernmental Relations Manager Jason Heuser had indicated that the committee wanted additional information from the City and possibly some concessions such as a medium-range lifting of the cap, possibly to change it to $6,000. He noted there had also been some discussion of some legislative provision that would limit future growth in the program's budget. Roll call vote; the motion passed unanimously, 8:0. 6. ACTION: FY06-FY011 Draft Capital Improvement Program City Manager Taylor recounted that Councilor Bettman had a motion on the table. Councilor Bettman thanked staff for providing amended language that %uited" her intent. She referred to AlS page 343, Attachment B, and said the policy issues that she wanted to incorporate into the Capital Improvement Program (CIP) seemed to be addressed. She made one correction, as follows: ~9. New Transportation capital projects including Transit Projects that are located within Eugene city limits..." Councilor Bettman, seconded by Councilor Kelly, moved to substitute Attachment B with the above noted addition, page 343 of the agenda packet, for the proposed amendments that had been tabled. Roll call vote; the motion to substitute the amendment passed unanimously, 8:0. Roll call vote; the motion to approve the amendment passed unanimously, 8:0. MINUTES--Eugene City Council April 11, 2005 Page 16 Regular Session Roll call vote; the main motion to approve the Capital Improvement Program, as amended, passed unanimously, 8:0. 7. ACTION: Resolution 4832 Authorizing the City Manager to Make Application to the State of Oregon for Designation of a West Eugene Enterprise Zone This item was postponed due to time constraints. 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 17, February 24, and March 9, 2005. Roll call vote; the motion passed unanimously, 8:0. Councilor Pap6 said that prior to the council break, the council had moved to oppose any legislation having to do with facilitation of special service districts in areas of the state that might be covered by cities or counties. He noted that four of the local representatives, in cooperation with Lane County, had set forth House Bill 3301 and he agreed that, as it originally stood, it warranted the City's opposition. He said it had since been amended and indicated he wished to revise the City's position on the bill from ;oppose' to ~neutral.' Councilor Pap~, seconded by Councilor Solomon, moved to revise the City's position on HB 3301 from 'oppose' to 'neutral' contingent upon amending the bill by deleting subparagraph (3) of Section 2 of the bill, specifically the following language: "(3) The consent of the governing body of a city, as provided in ORS 198. 720, 198.835, or 199. 462, is not required for the formation of a district or the annexation of territory within the city by the district unless the district will be authorized to construct, maintain and operate service facilities within the city limits' to provide services that are provided by the city." Councilor Bettman opposed the revision. She felt the bill stood in blatant opposition of home rule. She averred that local levies would be at risk. Mr. Heuser said there was a remaining provision in the bill that, if amended or struck as the sponsors of the bill had indicated they would do, would allow overlapping service districts. Councilor Kelly said he was leery of special districts and compression. He was also concerned about the balkanization of local government by establishment of multiple service districts. He pointed out, however, that any special district would have to pass through the Metro Plan amendment process and the council held MINUTES--Eugene City Council April 11, 2005 Page 17 Regular Session considerable control over it at that point. He commented that sometimes it was better to ~take half a loaf and say thank you" if the issue was not critical or fundamental. Councilor Bettman opined that changing the City's position to ~neutral' was anathema to changing it to a vote of support from the point of view of the legislators. She said she had discussed it with two local representatives and to her it had seemed they had a lot of questions about the bill. Councilor Taylor agreed that the City's position should not be changed. She said even though the council had an opportunity to weigh in on it at the Metro Plan amendment level, it should not be perceived as supporting %ad government." Roll call vote; motion passed, 5:3; councilors Ortiz, Bettman, and Taylor voting in opposition. The meeting adjourned at 10:03 p.m. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Ruth Atcherson) MINUTES--Eugene City Council April 11, 2005 Page 18 Regular Session