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HomeMy WebLinkAboutCC MInutes - 02/10/03 Mtg MINUTES Eugene City Council Regular Meeting Council Chambers--Eugene City Hall February 10, 2003 7:30 p.m. COUNCILORS PRESENT: Betty Taylor, Scott Meisner, David Kelly, George Poling, Gary PapS, Bonny Bettman, Jennifer Solomon. COUNCILORS ABSENT: Nancy Nathanson. CITY COUNCIL MEETING Mayor James D. Torrey called the meeting to order. 1.CEREMONIAL MATTERS A. Recognition of Brad Black Mayor Torrey said that Mr. Black was responsible for making sure that the new library had been constructed on time and under budget. He said Mr. Black had worked hard to make sure that the citizens of Eugene that their money was spent appropriately. He said the people in the community were blessed to have such a wonderful facility like the new library. Mayor Torrey presented Mr. Black with a plaque expressing the City's thanks for his efforts. B. Presentation of Communicator Award for "Take a Closer Look" Video Eric Jones of the Public Works Department, reported that, in response to council direction, staff had prepared a video to educate and inform the public about the operation, maintenance, and preservation of Eugene's transportation system. He said the "Take a Closer Look" video was designed to effectively communicate the key concepts about conserving Eugene's streets. He said Public Works staff had produced the video seen on Metro Television and at public information meetings held around the City. He said the response to the video had been overwhelmingly positive. Robert Lewis of Metro Television presented the Communicator Award to Councilor PapS, who accepted it on behalf of the entire council. MINUTES-Eugene City Council February 10, 2003 Page 1 Regular Meeting C. Proclamation -"Stop, Drop, and Read" Program Mayor Torrey proclaimed Monday, March 3, 2003, as National Read Across America Day, and encouraged community members to stop on March 3 at 10 a.m. and sit and read to a child. He added that, although he would be in Washington, DC, on that day, he was committed to participate there at 10 a.m. II.PUBLIC FORUM Mayor Torrey noted that there were more people signed up to speak than the time allotted allowed for. Councilor PapS, seconded by Councilor Taylor, moved to increase the time of the public forum to a maximum of 45 minutes. Roll call vote; the motion passed, 6:1; Councilor Solomon voting in opposition. Terry Connolly, 1401 Willamette Street, spoke regarding the Downtown Vision options. He said the Chamber of Commerce agreed with the staff recommendations and requested that the City Manager be asked to initiate the necessary processes to extend the life of the Riverfront Urban Renewal District. Henry Luvert, 2036 Shasta Loop, thanked the council for considering a proposal to change the name of Centennial Drive to Martin Luther King, Jr. Drive. He said the change was not a liberal move by the City. He said it was about honoring a man that had changed things in all of our lives. He stressed the importance of educating children on what Dr. King had achieved. Jim Hill, 1388 Barrington Avenue, spoke in favor of renaming Centennial Boulevard in honor of Dr. King. He said there were occasional opportunities to make significant changes at little or no cost. He stressed the importance of the issue and said it was an opportunity to partner with the City of Springfield in a positive way. He urged the council to move forward with the renaming. Marilyn Mays, 1081 North Pond Road, spoke as the President of the local chapter of the National Association for the Advancement of Colored People. She said the local chapter had already submitted a letter of support for renaming Centennial Boulevard and the idea had her full support. She read a letter submitted by Carmen Urbina and the staff of the Centro Latino Americano supporting the renaming. Sandy Tyndall spoke in support of renaming Centennial Boulevard in honor of Dr. King. Arbrela Luvert, South Shasta Loop, spoke in support of renaming Centennial Boulevard in honor of Dr. King. She urged the council to take a stand for tolerance by renaming the street. She said the renaming would have a long lasting impact in teaching tolerance and hope. Kimberly Buckmaster, 305 Blair Boulevard, said she had trouble with a landlord and had not been successful in getting any City staff to inspect her rental housing. She expressed a hope that the City would do an inspection. MINUTES-Eugene City Council February 10, 2003 Page 2 Regular Meeting Jeremy McMillan, 1274 Dee Court, spoke in favor of the renaming of Centennial Boulevard to Martin Luther King, Jr. Boulevard. He said people would forget important history if they did not have daily reminders. Yvonne Webking, 638 Spy Glass Drive, said Mayor Torrey was a great asset to the City of Eugene. She stressed that Eugene needed more than just minimum wage jobs. She commented that there were too many government jobs in the City and opined that this was the reason why the land use process was so confusing. Vicki Bell, 34051 Mount Tom Road, Harrisburg, spoke in opposition to a soup kitchen on 8th Avenue sponsored by Food for Lane County. She said that the homeless people were upsetting the clients of her salon. She said that the City should have helped Food for Lane County find a location that did not disturb clients and other citizens. Paul Conte, 461 West 10th Avenue, spoke in favor of the soup kitchen sponsored by Food for Lane County. He said it was unfortunate that some of the clients had disturbed nearby businesses. He acknowledged that there had been some problems but stressed the importance of the dinner program. He said the dinner service should not be allowed to continue until an action plan was provided that would help to limit collateral damage. He believed that City staff had failed to anticipate the problems and to help prevent them. Scott Bartlett, 1445 East 21st Avenue, urged the council to rename Centennial Boulevard as Martin Luther King Boulevard. He remarked that Eugene did not have to ask Springfield's permission to change the name of the street. He stressed that it would not be a difficult thing to do. Bob Richards, 2893 Timberline Drive, reported that Buckley Center was already feeling the effects of the failure of Ballot Measure 28. He said the requests for beds and drug detox services had already gone up. Hope Marsten, 3040 Ferry Street, spoke in favor of renaming Centennial Boulevard to Martin Luther King Boulevard. She said it was a worthy action Jeremy Jacobs, west Eugene, spoke in favor of a living wage. He said it was unconscionable that the motion for the living wage had failed as well as the motion to dedicate extra money to social services. Mayor Torrey closed the Public Forum and called for council comments. Councilor Meisner said there had been unintended consequences of siting the soup kitchen at the 8th Avenue location and asked the City Manager to prepare a report of the costs to the City for dealing with the problem. Councilor Solomon reiterated Councilor Meisner's request and asked that suggestions for solving the problem be included in the report from staff. Councilor Pap~ thanked those who testified. He noted that the council had unanimously voted to move forward with the renaming process for Centennial Boulevard. He stressed the importance of moving forward with a "kind hand" with the City of Springfield on the issue. MINUTES-Eugene City Council February 10, 2003 Page 3 Regular Meeting Councilor Kelly thanked those who had testified on the renaming of Centennial Boulevard. He urged the people to come and speak at the public hearings before the Planning Commission. Councilor Bettman echoed the thanks of the council for those who testified regarding the renaming of Centennial Boulevard. She expressed hope that people would stay active on the issue until its completion. Councilor Taylor echoed her thanks to those who testified. She believed that the City should have a housing code that could be enforced without too much funding. Councilor Taylor said it was an appropriate time to be talking about Martin Luther King, Jr. since the country was on the verge of war and he had striven for peace. Regarding the motion not to proceed with implementation of a living wage standard, Mayor Torrey said it was not the decision of the council to not fund the living wage but to take the matter through the Budget Committee process. Mayor Torrey said that Assistant City Manager Jim Croteau and other staff were working with Food for Lane County and were in the process of completing a plan relating to how people would be served when the soup kitchen facility re-opened. III.CONSENT CALENDAR A. Approval of Council Minutes · January 8, 2003, State of the City · January 13, 2003, Work Session · January 13, 2003, Regular Session · January 22, 2003, Joint Meeting with Lane County Board of County Commissioners B. Approval of Tentative Working Agenda Councilor PapS, seconded by Councilor Kelly, moved to approve the items on the Consent Calendar. Councilors Bettman and Kelly noted their previously submitted minutes corrections. Roll call vote; the motion passed unanimously. IV. PUBLIC HEARING: Draft FY04 - FY09 Capital Improvement Program Larry McMullen, Leaburg, Oregon, spoke as chairman of the Eugene Airport Advisory Committee. He spoke in support of the Capital Improvement Program. He noted that parallel runways were the preferred configuration of the airport master plan and was also safer than the cross runway configuration. He noted that the Federal Aviation Administration also preferred the parallel MINUTES-Eugene City Council February 10, 2003 Page 4 Regular Meeting runway configuration. He noted that a lot of money had already been spent to move toward that plan. Dave Hauser, 1401 Willamette, urged support for the Capital Improvement Program. He said the Chamber of Commerce had always favored improving air service to the City of Eugene. Terry Connolly, Eugene Chamber of Commerce, spoke on the stormwater component of the Capital Improvement Program. He said the volume of user fees was too high and advocated for a closer look at the Stormwater Fund. Mike Drennan, 2574 West 28th Avenue, spoke as Chairman of the Board of the Convention and Visitors Association of Lane County (CVALCO). He said tourism was one of Lane County's largest industries and had a major economic impact on the county's communities. He read a letter from Kari Westund of CVALCO into the record. Mayor Torrey closed the public hearing and called for clarifying questions from the council. He stressed that no action would be taken on the item that evening. Councilor Meisner called for a work session on the Stormwater Fund. City Manager Jim Carlson noted that there would be a work session on the item scheduled before the council break. In response to a question from Councilor Pap8 regarding how the membership for the Airport Advisory Committee was determined, City Manager Carlson said the members were chosen by the department head. Councilor Bettman asked for information on which proposed transportation project specifically reduced the right-of-way on 6th Avenue in the new federal courthouse district area. Councilor Bettman said she would like to see staff answers to the points Mr. Connolly had submitted in his testimony. She also wanted a breakdown of General Fund costs on the Building 6 expansion and how much of the money did not come from the General Fund. She also requested a ratio of cost that was dedicated to safety facilities for workers. Councilor Kelly called for information on what each of the components of the Stormwater Capital Improvement Fund were for. He stressed the importance of having enough information on what the funding was being used for to make an informed decision. He said he did not want to see a $5 million Stormwater Fund project list but rather he wanted to see what kind of a stormwater program was actually needed. Councilor Solomon acknowledged that Councilor Kelly did not want to see what a $5 million stormwater program would look like, but she would like to see what such a program would look like. V. PUBLIC HEARING: An Ordinance Concerning the Danebo Nodal Development Area; Amending the Eugene-Springfield Metropolitan Area General Plan Diagram, the BetheI-Danebo Refinement Plan Land Use Diagram and Eugene and the Eugene Overlay Zone Map; Adopting a Severability Clause; and Providing an Effective Date MINUTES-Eugene City Council February 10, 2003 Page 5 Regular Meeting Steve Nystrom, Planning Division, provided the staff report. He said the site involved 149 acres located on the north and south side of Royal Avenue west of Danebo Road. He said the proposed action involved two things: 1. Applying the nodal development symbol to the Eugene-Springfield Metropolitan Area Plan (Metro Plan) Diagram and the Bethel/Danebo Refinement Plan maps; and 2. A concurrent zone change which would apply the nodal development overlay zone to all property within the node. Mr. Nystrom said it was important to note that the proposed actions would not affect the underlying land use designations in the Metro Plan or in the refinement plans and, additionally, would not affect the base zoning on the parcels located within the node. He said all of the property within that particular nodal development area was located within the city limits of Eugene so the City of Eugene would be the sole decision-maker on the proposal. Mr. Nystrom read the approval criteria for the Metro Plan amendments and zone changes into the record. He cited requirements from Eugene Code Section 9.7730 regarding Metro Plan amendments, and from Eugene Code Section 9.8865 regarding the zone change that would apply to consideration of the nodal development overlay zone. Mr. Nystrom noted that the Planning Commission had held its public hearing on the matter on December 10, 2002, had taken action on January 6, 2003, and had recommended to the council that the proposed amendments and concurrent zone changes be denied. He said the commission concluded that the node would not achieve the density necessary to support itself as a node, it would not be able to attract adequate transit service, and it would not provide adequate employment and commerce opportunities. He said a memorandum from the Planning Commission that explained its position was included in the council meeting packet as "Attachment B" and added that the draft minutes from the commission meetings were also included. Mr. Nystrom noted, in spite of the recommendation of denial, that there was a draft ordinance and findings as part of the meeting packet should the council decide to approve the amendments for all, or a portion, of the node. Mr. Nystrom reported that there had been a significant amount of land use activity occurring in the nodal boundaries being considered. He referred the councilors to page 277 of the meeting packet and noted that the three westerly tax lots on the north side of Royal had been granted zone changes from Agricultural to Low-Density Residential. In addition, he noted that there was a pending subdivision application, currently being reviewed, that would create 220 single-family lots as well as an 11-acre City park site. Directing councilors' attention to three tax lots on the northeasterly portion of the land, Mr. Nystrom noted three other tax lots that represented the Danebo School site and noted that a zone change from Agricultural to Public Lands had recently been approved for that area. He went on to say that Tax Lot 203 had recently received a zone change from Iow-density residential to medium- density residential with a planned unit development overlay. He said that all of this activity had taken place during the Planning Commission evaluation process. He noted that a revised zoning map had also been included in the meeting packet. MINUTES-Eugene City Council February 10, 2003 Page 6 Regular Meeting Mr. Nystrom stressed that no council action on the matter was required that evening. He said that staff would be requesting action on February 24. Mayor Torrey opened the public hearing. Chuck Rusch, representing the Eugene Planning Commission, read a statement from the Planning Commission into the record. He noted that the largest portions of the land in question had been sold and were planned for subdivision into single-family home sites. He said the commission felt that it would be a very long time before the new homes could be replaced with the higher density development required for an effective node. He said the commission felt that to designate an area not likely to succeed as a node would lead to pressure to abandon nodal development entirely. He said the commission had voted 4:1 to not recommend the Danebo node as a priority site for the overlay designation. He stressed that the commission was not recommending that Danebo be dropped from the list of intended nodes but was recommending that it be dropped from the high-priority list since it could not be made into an effective node that would actualize State planning goals. Jim Spickerman, 975 Oak Street, spoke representing Bi-Mart Corporation, which had a store located on the corner of Danebo and Royal Avenue. He said the shopping center around that store had been fully developed and had been developed pursuant to the long existing Metro Plan and local refinement plan for that area. He said Bi-Mart had located in that spot for the purpose of attracting business from the residential areas that would be developed in the area under the nodal development concept. He acknowledged that the TransPlan nodal concept did not comport with the area. Mr. Spickerman said the analysis of the Planning Commission was correct in that adoption of the node would harm the integrity of the nodal development concept. He said the staff fallback position of applying the designation to the southern 40 acres south of Royal Avenue did not make sense since the concept could not be made to work on a smaller area when it had already failed on a larger one. He opined that the Planning Commission had gotten to the land too late to effect a true nodal development area. He stressed that there were only 22 acres of the area in question left undeveloped and remarked that this was not enough land to make the nodal development concept applicable. Mayor Torrey closed the public hearing and called for questions/comments from the councilors. Councilor Bettman clarified that the Planning Commission did not want to drop the area for nodal development entirely but only wanted to remove the area from the priority list. In response to a comment from Councilor Bettman that she had not heard specifics on how the nodal plan for Bethel/Danebo node was contradicting land use goals or was inconsistent with the Metropolitan Area General Plan, Mr. Nystrom said the Planning Commission had been more focused on whether the area in question should be a priority site for nodal development and what opportunities it offered as opposed to specific findings on Statewide planning goals. He said the decision was more centered on whether the site was suitable and whether it should be on the priority list. In response to a question from Councilor Bettman whether it was relevant to center on whether the site was appropriate for the priority list since there were no inconsistencies with the Metro Plan or with other land use goals, Ms. Childs said it was not. MINUTES-Eugene City Council February 10, 2003 Page 7 Regular Meeting Councilor Bettman commented that the public's investment in infrastructure was already planned for, including acquiring 11 acres for a park and an eventual connection with the Bus Rapid Transit (BRT) system. In response to a question from Councilor Bettman regarding whether it would be possible to develop a higher density in the area with the nodal development overlay, Mr. Nystrom, as an example, called attention to the area to the south of Royal and noted that without the overlay zone, the area would develop at 10 units per acre as opposed to 15 per acre with the overlay. In response to a question from Councilor Bettman regarding whether there had been public hearings before the formation of the priority list for nodal development areas, Ms. Childs said the Planning Commission had conducted two public comment sessions but stressed that they were not formal public hearings. Councilor Kelly commented that the Planning Commission had made some very good points regarding the changing circumstances on the land since its designation as a priority nodal development site. Regarding Ms. Childs' answer to Councilor Bettman that it was not relevant whether the area was a priority node, Councilor Kelly said that while the criteria of the Metro Plan and the local refinement plans were very important, it was also important to do something that would work. He noted that if circumstances had changed on the land in question, then the City could use its discretion on whether the site should be on the priority list for nodal development. He added that saying that the area would eventually be connected with BRT was "a real stretch" and the eventual route would come within a half mile of one corner of the east end of the site and would not serve the area well even within the 20-year plan. Councilor Kelly called for a response from staff regarding other actions that could be taken toward improving the future development of the land. He cited an altered boundary of the node or increasing the zoning density as an example. In response to a question from Councilor Bettman regarding the nature of the vacant property left on the site, Mr. Nystrom noted that this was the site he had identified as having a pending subdivision or was designated for a City park. He noted that those developments would not be subject to nodal development requirements since their applications had been processed before the area was designated as a node. In response to a question from Councilor Bettman regarding whether there had been discussion of other uses for the site, Mr. Nystrom noted that the area had been identified as another possible hospital site. In response to a comment that if the nodal development overlay were not approved by the council and the pending land use applications could then be pulled and something else entirely developed with potential zone changes, Mr. Nystrom said the current applicant could decide to drop an application for whatever reason and stressed that he could make no guarantees about what would eventually be developed on the land. He said he could only provide information on was what was pending at the moment. MINUTES-Eugene City Council February 10, 2003 Page 8 Regular Meeting Councilor Bettman commented that if the nodal development overlay were approved by the council and the subdivision application was dropped for whatever reason, then the site could move forward as a node. In response to a question from Councilor Pap~ regarding whether the site would need a Metro Plan amendment if a hospital were to be developed there, Mr. Nystrom indicated that would be the case. In response to a question from Councilor Pap~ regarding whether any portion of the site had been part of the "Kelly Litigation" from the previous year, Mr. Nystrom said that the 22 acres of city- owned parcels on the south side of Royal Avenue were part of the settlement in that case. VI.PUBLIC HEARING: Fall 2002 Draft Land Use Code Amendments: Ordinance 4: An Ordinance Concerning Chapter Nine Parking Requirements; Amending Sections 9.2173, 9.64~0, and 9.6430 of the Eugene Code, ~97~ ; Adopting a Severability Clause; and Providing an Effective Date Ordinance 5: An Ordinance Concerning Amendments to Entertainment and Recreation Uses, Parking Area Landscaping Standards, and Other Provisions of Chapter Nine of the Eugene Code, ~97~ ; Adopting a Severability Clause; and Providing an Effective Date; and Ordinance 6: An Ordinance Concerning Quasi-Judicial Procedures; Repealing Sections 2.390, 2.39~, 2.392, 2.393, 2.394, 2.395, 2.396, 2.397, 2.398, 2.399, and 2.400 of the Eugene Code, ~97~, ; and Amending Section 2. ~066 of that Code Teresa Bishow, Planning Division, provided the staff report. She said the three ordinances were the final set on the Fall 2002 Land Use Code amendments. She said the criteria to approve changes to the land use code included a determination that the amendments were consistent with Statewide planning goals and with applicable portions of the Metropolitan Area General Plan and with local adopted refinement plans. She said the staff report contained draft findings of consistency for ordinances 4 and 5. She noted that Ordinance 6 did not need to comply with those specific criteria because they were not part of the land use code but were rather amending Chapter 2 of the Eugene Code. Ms. Bishow said the agenda packet included testimony received up to that evening. She noted that she had placed a letter before the council from Debra Brewer, Eugene Water & Electric Board, requesting that the council continue to address concerns with how public facilities were treated in the Land Use Code and also recommended that the council allow for ongoing amendments to the Eugene code due to the number of new provisions that had not yet been applied. Regarding testimony already received by the council, Ms. Bishow called attention to a letter from VVally Gresl of the Bethel School District requesting speedy action on Ordinance 4. She requested direction on whether council action should be scheduled for the February 24 meeting or continue with the current schedule with action in mid-March. Mayor Torrey opened the public hearing. He urged the speakers to be as concise as possible. MINUTES-Eugene City Council February 10, 2003 Page 9 Regular Meeting Terry Connolly, 1401 Willamette Street, spoke in support on Ordinance 5. He said the Chamber of Commerce agreed with the Planning Commission recommendations and stressed that the amendments were necessary to proper development in the City. Chris Clemow, 95 Springwood Drive, said there was no basis for the staff recommendation on not grading slopes above 20 percent. He said that portion of the code was arbitrary and not based on sound engineering standards. He said grading routinely occurred on sites with slopes in excess of 20 percent. He said an overlay map of the south hills would show a significant portion of the buildable lands in that area had grades over 20 percent. He said the limitation on grading would negatively affect the buildable land supply within the urban growth boundary and would help necessitate its expansion. Steve Korth, 2095 Wood Acres Drive, supported the changes recommended in Ordinance 5 regarding parking areas and landscape standards. He said the language in the code update allowed for natural redevelopment of a property to meet the desires of the City and the desires of landowners. Jeff Lanza, 1965 Patterson Street, raised concern over possible passage of Ordinance 5. Regarding the proposed amendments pertaining to landscape standards and parking areas. He said removal of the term "canopy tree" in Section 9.6210 would result in smaller ornamental trees being put in place where canopy trees would be more appropriate. He requested that the record be open for an additional two weeks so more people could submit written material. Jim Spickerman, 975 Oak Street, spoke in favor of the changes to landscape standards listed in Ordinance 5. He said passage of the ordinance would have a positive impact on the school districts. He said the large parking lots of the schools would cause large costs to upgrade if expansion were considered and all parking areas were required to be landscaped. He said the listed adjustment review criteria were not the answer to the problem and suggested that objective standards needed to be addressed up front in the process. John Kline, 693 West 10th Avenue, spoke on Ordinance 5. He raised concern over the loss of tree canopy in parking lots in the City. He urged the council to vote no on the proposed changes. Bill Kloos, representing the Lane County Home Builders Association, referred to a letter submitted to the council from Roxie Cuellar. He said she was requesting the removal of the grading slope limitation and the limitation of one dwelling unit per acre on lots above 900 feet in elevation. Mr. Kloos said the inventory of available residential land should only include lands that had clear and objective development standards. Eric Hall, 304 Waite Street, praised City staff and the Planning Commission for their work on the code amendments. He complimented the stance in the recommended code amendments toward phased growth. Scott Forrest, 5220 West Amazon Drive, spoke in favor of the changes to parking lot standards included in the recommended amendments. He said he had started his business in Eugene 30 years ago and it had grown slowly because it had been allowed to slowly make additions. He said MINUTES-Eugene City Council February 10, 2003 Page 10 Regular Meeting applying parking lot landscape standards whenever there was a small addition would make expansion prohibitively expensive. There was general consensus among the council to leave the record open for an additional two weeks. Mayor Torrey closed the public hearing. He urged the council to submit its questions in writing due to the time restrictions on the rest of the meeting. Councilor Kelly said it was impossible for him to submit his questions in a timely manner. He said he would try to submit most of his questions in writing but raised concern over taking quick action on such a intricate and large quantity of material. Regarding the canopy tree issue, Councilor Kelly said there was no reason to completely eliminate the need to plant canopy trees when there was a small number of sites where that would be a problem. He said he would not support a complete deletion of that item in the code. City Manager Carlson noted that there were timing problems with extending the record for two full weeks since that would postpone action until the March 10 meeting. Ms. Bishow suggested, to general consensus, keeping the record open until February 19 rather than February 24. This would allow all additional written testimony to be submitted to the City Council in advance of the February 24 meeting. Ms. Bishow asked for clarification from the council on whether it wanted Ordinance 4 placed on the agenda as an action item. Mayor Torrey indicated that it was the majority desire of the council to deal with Ordinance 4 at that time. Councilor Bettman said in Ordinance 5 there were references to removing the word "orderly" from the code in regard to the orderly extension of public streets and infrastructure and called for a memo from legal counsel on how the interpretation of the wording would be changed. Councilor Bettman said Ordinance 5 had consequences that were unintended by staff and said she would call for a clarification of language to rectify the situation. Councilor Poling called for information on how the limit on slope grading was arrived at and also called for information on the limitation on development over 900 feet in elevation. He also called for information on allowing golf courses in agricultural zones between the city limits and the urban growth boundary. Councilor Kelly objected to the hand-raise vote on going to accelerated action on Ordinance 4. He raised concern that councilors would be forced to vote no on items because meeting time was too limited to discuss matters to his satisfaction. Councilor Bettman reiterated Councilor Kelly's comments. Councilor Taylor complained that the time limits on meetings did not allow time to discuss issues to their full extent. She said each one of the ordinances needed discussion. Mayor Torrey suggested, to general consensus, to proceed to Item 8 on the agenda rather than moving on to Item 7. MINUTES-Eugene City Council February 10, 2003 Page 11 Regular Meeting VII.ACTION: Ordinances Implementing Nodal Development in Crescent Avenue Area Ordinance l: An Ordinance Concerning the Crescent Avenue Nodal Development Area; Amending the Eugene-Springfield Metropolitan Area General Plan Diagram, The Willakenzie Area Plan Land Use Diagram and the Eugene Overlay Zone Map for the Incorporated Portion of the Area; Adopting a Severability Clause; and Providing An Effective Date; Ordinance 2: An Ordinance Concerning the Crescent Avenue Nodal Development Area; Amending the Eugene-Springfield Metropolitan Area General Plan Land Use Diagram for the Unincorporated Portion of that Area; Adopting a Severability Clause; and Providing an Effective Date There was no action taken on the item. VIII.ACTION: An Ordinance Concerning the Penalty for Violation of Section 4.240 of the Eugene Code, Use and Possession of Less than One Ounce of Marijuana; Amending Section 4.990 of the Eugene Code, 1971 Councilor Pap~, seconded by Councilor Meisner, moved that the City Council adopt Council Bill 4812, an ordinance concerning the penalty for use and possession of less than one ounce of marijuana. Councilor Taylor said she would vote against the motion. She said raising the fine would not be a deterrent. She said the increased fine would only hurt young and poor people and added that forcing people into treatment was not a productive way to fight drug abuse. Councilor Kelly said he would support the motion because of the advantages of the diversion program and its ability to help students maintain their financial aid. He stressed that this was the sole reason that he was supporting the motion. He added that he would be listening to both the courts and the community at large for evidence any problems that occurred from the implementation of the ordinance. Roll call vote; the motion passed, 6:1; Councilor Taylor voting in opposition. The meeting adjourned at 10 p.m. Respectfully submitted, James R. Carlson City Manager pro tem (Recorded by Joe Sams) MINUTES-Eugene City Council February 10, 2003 Page 12 Regular Meeting