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HomeMy WebLinkAboutCC Minutes - 06/09/03 Mtg MINUTES Eugene City Council Regular Meeting Council Chambers--Eugene City Hall June 9, 2003 7:30 p.m. COUNCILORS PRESENT: Betty Taylor, Scott Meisner, David Kelly, Nancy Nathanson, George Poling, Gary Pap~, Bonny Bettman, Jennifer Solomon. CITY COUNCIL MEETING Mayor James D. Torrey called the meeting to order. 1.Public Forum Mayor Torrey announced that, at the Public Forum, citizens may speak on any subject other than an item to be heard later in the meeting. He noted that the renaming of Centennial Boulevard to Martin Luther King Jr. Boulevard was a quasi-judicial issue on which the record for testimony was closed. He stressed that the council would not be able to accept testimony on that issue during the meeting. In response to a question from Mayor Torrey regarding citizens who signed up to speak about issues indirectly related to the renaming of Centennial Boulevard, City Attorney Glenn Klein advised Mayor Torrey to interrupt anyone speaking specifically about the renaming of Centennial Boulevard and remind them that the council could not accept further testimony on the issue. Mayor Torrey noted that there were more people signed up to speak at the Public Forum than the allotted time allowed for. He called for a motion from the Council President to extend the time of the forum. Councilor Pap~, seconded by Councilor Nathanson, moved to extend the time of the Public Forum by 15 minutes and allow two minutes per speaker. Roll call vote; The motion passed unanimously. Henry Luvert, South Shasta Loop, raised concerns over citizens following City processes on issues and yet still having the council change the outcome because it did not like what the public wanted. He asked for an explanation from the council on how it could allow that to happen. He stressed he was not speaking about any particular issue but noted that the National Association for the Advancement of Colored People had gone through a process in good faith, only to have the council seem to change the rules. He expressed his confusion and questioned whether an additional process was needed. Marion Malcolm, 110 Mayfair Lane, said no great disasters would occur if white people gave up a little bit of control. She raised concern that the Aryan Nation had been distributing leaflets in the MINUTES--Eugene City Council June 9, 2003 Page 1 Regular Session community and commented that the vote taken later in the meeting would make that group feel more or less welcome in the community depending on its outcome. William Jones, 1660 Mill Street, spoke of an incident near the University of Oregon that had happened the previous weekend. He said that it had taken over an hour for officers to respond to his call. He opined that officers had not wanted to answer his calls about a large party going on near his residence. Bahati Ansari, 1900 Chambers Street, reiterated Mr. Luvert's concern over city processes. Peg Morton, 510 Van Buren Street, urged the City Council to have the courage to end discrimination in the City. She noted that many children in the civil rights movement had faced attack dogs and hostile police to gain their rights. She added that others had been jailed or assassinated. She reiterated her hope that the council would have the courage to end discrimination in the community. Ruth Wren, 1285 McLean Boulevard, said racism was present in Eugene in many forms. She stressed the importance of working together to heal the community and make it respectful to everyone who lived there. Barbara Susman, 2175 Adams Street, raised concern over Eugene's history of racism. She urged the council to do the right thing. She said the time to affect change was obviously now. Leslie Brockelbank, 1527 West 25th Avenue, reiterated Mr. Luvert's concern over City processes. She said the community had made it easy for the council to make a decision. She asked the council to respect the process that was begun and completed by a resourceful, intelligent, and thoughtful group of people. She stressed that the result of that process would not cost the City any money. David Hinkley, 1350 Lawrence Street, raised concern over the number of public hearings on the night's agenda. He quipped that while some of the evenings procedures were quasi-judicial, the process was a political one and the council had a problem to deal with. Scott Bartlett, 1445 East 21st Avenue, urged the council to not make promises that it could not keep. He suggested that the councilors who were interested in a statue of Dr. King help find private donations to pay for such a statue. Dr. Bob Bolden, 1925 Dufwood Drive, raised concern that the council was deviating from its own processes and was thereby being insulting and offensive to the people involved in the process it had begun and seen completed. Lawrence Birch, PO Box 50132, raised concern over racism in the community. He urged the council to do the right thing because the people were watching. Ruth Koenig, 1204 West 28th Avenue, urged the councilors to look into their heads and examine how they had reached out to people of color. She urged the council to do what the people of the City wanted. MINUTES--Eugene City Council June 9, 2003 Page 2 Regular Session Mark Robinowitz, 28549 Southerlin Lane, raised concern over a bicycle group that he opined had received unfair treatment from the police. He noted that several people had been ticketed without cause during a "Bikes not Bombs" ride while six officers watched an unaffiliated cyclist illegally going against traffic and did nothing. He said the real issue was how a community and a government interacted with each other. He called for a "real" police review board that would investigate petty harassment of citizens. Carol Jacobs, 3751 Dove Lane, urged the council to reconcile people and have peace and caring between races in the city. Jane Cramer, 3769 Wilshire Lane, said she had moved to Eugene for quality of life and raised concern that Eugene was a racist town. She urged the council to promote a diverse and open community. She urged the council to do the right thing. Wil Doolittle, 2327 Jefferson Street, reiterated concern that Eugene was a racist city. He said racism in the city was institutionalized and raised barriers to the smooth completion of its processes. Margaret Buis, 259 East 5th Avenue, urged the council to forget about process and "just do it." Edwin Coleman II, 1895 Fillmore Street, questioned the meaning of process. He raised concern that everything the City handled was overprocessed until it lost its effectiveness. He said he had a dream that Dr. Martin Luther King spoke to him and told him to ask about process. He urged the council to do the right thing. Elliot Cook, 751 East 16th Avenue, said there were two ways to do things in the City: the white way and the right way. He said the process was taking too long and was an example of how prevalent racism was in the community. Hope Marsten, 3110 University Avenue, raised concern over racism in Eugene. She urged the council to do the right thing. She stressed that the council process had already been followed. Betty Snowden, no address given, said the Lord had told her to pray for members of the council. She stressed that the process had been followed and the process had wounded her. She said there had been enough words spoken on the subject and raised concern that the council would not open its mind regardless of the desires of the people. John Cougill, 183 Carthage Avenue, commented that there was hatred and fear between Anglo and Black Americans. He commented that blacks were an oppressed ethnic group and urged the council to help to something about it. Adam Wendt, 110 Briarcliff Lane, raised concern over racism in Eugene and also that the council would embarrass the city by continuing its racist thinking. Pira Kelly, 725 East 14th Avenue, urged the council not to abuse its power and privilege by not doing the right thing. Peter Chabarek, 1188 Beebe Lane, said he had experienced racism in the community because of his Arab ethnicity. He urged the council to listen to its citizens. MINUTES--Eugene City Council June 9, 2003 Page 3 Regular Session Willow Ann Rose, 1188 Beebe Lane, said culture reflected values. She questioned whether the council wanted an elitist city or an inclusive one. Allan Saporin, 2412 Malabar Drive, said racism was a complex issue. He said Dr. King was the greatest American who ever lived and urged the council to follow the desires of Eugene's African- American community. Paul Conte, 1461 West 10th Avenue, urged the council to delay its consideration of the expanded Multi-Unit Property Tax Exemption district boundaries until affected neighborhoods had the time to review the staff proposal. He noted that, less than four weeks previously, the Jefferson/Westside neighborhood had received seriously inaccurate information by City staff which prevented the association from taking action in a timely fashion. Mayor Torrey closed the public forum and asked for council comments. Councilor Pap~ reiterated Mr. Hinkley's comments on too many public hearings being scheduled at the same meeting. He said the council needed to work harder on not crowding agendas. Councilor Kelly thanked those who testified. He said he was overwhelmed by the testimony and perceptiveness of Eugene citizens. He called for a staff report on the police response to the Bikes Not Bombs bike ride. Councilor Bettman thanked those who testified. She particularly thanked those who she said had attempted to stir the council out of its complacency. II.CONSENT CALENDAR A. Approval of City Council Minutes: April 28, 2003, Work Session April 28, 2003, Regular Session May 12, 2003, Work Session May 12, 2003, Regular Session B. Approval of Tentative Working Agenda C. Ratification of Intergovernmental Relations Committee on Actions of May 14, 2003. Councilor Pap~, seconded by Councilor Nathanson, moved to approve the items on the Consent Calendar. Councilor Kelly and Councilor Bettman submitted written minutes corrections. Councilor Kelly pulled Item B. MINUTES--Eugene City Council June 9, 2003 Page 4 Regular Session Councilor Nathanson offered an addition to her comments at the April 28 meeting. She read the following into the record: "She said that she heard nothing to persuade her that there was any harm in choosing a process that gave residents an opportunity to present oral testimony as opposed to written testimony." Roll call vote; the remaining items on the Consent Calendar passed unanimously. Regarding Item B, Councilor Kelly said there was an ordinance scheduled for a hearing on July 14, and action on July 28, which would change the powers of University of Oregon public safety officers. He said the student leadership of the University had only recently heard about the proposal. He indicated that a hearing regarding an action designed to affect students should take place during the school year when more students were present. He noted that the issue was not time-critical and requested postponing the public hearing on the item until fall, when more students would be able to provide input. City Manager Taylor said the public hearing could be moved but noted that this would lengthen the time for the ordinance to take full effect. He opined that the Chief of Police would recommend proceeding with the suggested timing because the bulk of the work would take place between university students and officials and could take place sooner if the council took action according to the recommended schedule. Councilor Kelly said it was a matter of constituent representation and expressed his preference for moving the hearing into the fall. Councilor Kelly, seconded by Councilor Taylor, moved to amend the Tentative Working Agenda to postpone the public hearing on the ordinance concerning University of Oregon Public Safety Officers until after the beginning of the fall term. In response to a question from Mayor Torrey regarding whether he had been asked to delay the hearing or whether he was acting on his own, Councilor Kelly said he had first heard about the ordinance in April and his immediate reaction was that the hearing should take place during the school year. He said the University Director of Public Safety had agreed to try to get the matter on an agenda during the spring. He noted that he recently spoke to Associated Students of the University of Oregon, (ASU©), leadership who informed him they had only recently learned of the issue and wanted a chance to provide input to the City Council as well as communicate with the broader student body. In response to a question from Councilor Nathanson regarding student involvement, Chief Thad Buchanan said it was the University's intent to involve the student body in the process. He pointed out that it was a resource issue for his department since the fall term was a busy time on campus for the police who took a lot of time dealing with Iow-level violations. He added that the timing for the University was an issue because it wanted to have the process in place by the beginning of fall term. He said passage of the ordinance would allow the University to make the new rules part of the orientation for new and returning students. MINUTES--Eugene City Council June 9, 2003 Page 5 Regular Session Councilor Bettman said she supported the ability of students to weigh in on the issue but noted that it was an Eugene Police Department resource issue and having the program up and running by fall would be best. In response to a question from Mayor Torrey regarding what the students would object to, Chief Buchanan said he had not talked to any students on campus and could not answer the question. Councilor Kelly said he had made the amendment because the students had not yet been heard. He reiterated that he had talked with the ASUO and it did indeed have concerns and questions that needed to be addressed. Councilor Taylor said it was important to hear from the people who would be affected by the change. In response to a question from Councilor Poling regarding differences in enforcement action the ordinance would allow, Chief Buchanan said the ordinance was directed at non-jailable City ordinance violations. He said the ordinance would allow University public safety officers to issue citations without waiting for the presence of a police officer. In response to a question from Councilor Poling regarding whether the University's public safety officers would be trained and ready for the ordinance to be implemented during fall term, Chief Buchanan said the prep work could be done before fall term. He noted that actual engagement of the student body would be handled by a public safety advisory group, modeled after the Police Commission. In response to a question from Councilor Poling regarding the average response time for an officer to respond to a call for a citation from a public safety officer, Chief Buchanan said he had been told that the wait could be as long as an hour. Roll call vote; the amendment failed, 5:3, with councilors Kelly, Taylor, and Nathanson voting in favor. Roll call vote; item B passed unanimously. III.ACTION: An Ordinance Concerning the Change of Street Name of Centennial Boulevard, Located within the City of Eugene Between Coburg Road and Interstate 5, to Martin Luther King Jr. Boulevard; and Adopting a Severability Clause Councilor Pap8 noted that the motion he was about to make was not the motion drafted in the council packet. Councilor PapS, seconded by Councilor Nathanson, moved to direct the mayor to appoint a committee of no more than 12 people, including one representative of National Association for the Advancement of Colored People, Eugene Water & Electric Board, School District 4J, Bethel School District, City of Springfield, and Lane County. The committee shall invite and consider all suggestions for honoring Dr. Martin Luther King Jr. including the possibility of renaming Centennial Boulevard. The committee shall report back to the City Council by October 15, 2003. Prior to reporting to the council, the committee shall report to the Human Rights Commission. MINUTES--Eugene City Council June 9, 2003 Page 6 Regular Session Councilor Kelly raised concern over making a motion not recommended by staff before there was any discussion by the council. In response to a question from Mayor Torrey regarding whether the Council President had the right to make the motion, City Attorney Glenn Klein confirmed that the Council President had that right. Councilor Pap~ said the process had been a difficult one for him. He said he was disappointed in his own participation and apologized to those present. He said the real question was how the community was going to honor a national hero. He said he believed that a committee had been formed to answer the question of how best to honor Dr. King and had understood that the City of Springfield had been included in the process and said he should have realized something was wrong when he had a communication from the Springfield City Council that it had not been included in any discussion. He said the council had made the mistake of asking a too-narrow question of the Planning Commission and did the community a disservice by not including alternatives other than Centennial Boulevard. He added that the Human Rights Commission should have been included in the process. He said he had requested committee meeting minutes to see how the process was undertaken and who participated but said he had not received them. Councilor Bettman said the Lane County Board of Commissioners had invited the City Council to rename a prominent thoroughfare in honor of Dr. Martin Luther King Jr. She said Mayor Torrey had asked for a volunteer to serve in the discussion and that she had volunteered and encouraged other councilors to offer input. She said there was no committee and that the discussions with Springfield City staff and County Commissioners had happened a full year before the current action. She said the renaming was consistent with the State's only criterion for a street renaming, which was that the action taken be in the best interests of the City. She opined that, given the level of community support, the renaming would be in the best interest of the City. She noted that there would be a certain level of inconvenience and cost to residents and businesses along that portion of Centennial Boulevard but commented that the inconvenience was of a minimal level and did not supercede the benefit to the City that the renaming would provide. She quoted the following from Dr. Martin Luther King Jr. when he talked about using process and inconvenience to circumvent meaningful change: "First I must confess that over the past few years I have been gravely disappointed with the white moderate. I have almost reached the regrettable conclusion that the Negro's great stumbling block in his stride toward freedom is not the white citizens councilor or the Ku Klux Klanner but the white moderate who is more devoted to order than to justice, who prefers a negative peace, which is the absence of tension, to a positive peace, which is the presence of justice, and who constantly says '1 agree with you in the goal you seek but I cannot agree with your methods of direct action, who paternalistically believes he can set the time table for another man's freedom, who fives by a mythical concept of time and who constantly advises the Negro to wait for a more convenient season. Shallow understanding from people of good will is more frustrating than absolute misunderstanding from people of ill will. Luke warm acceptance is much more bewildering than outright rejection. I had hoped that the white moderate would understand that law and order exist for the purpose of establishing justice and that when they fail in this purpose they become the dangerously structured dams that block the flow of social progress." Councilor Bettman, seconded by Councilor Kelly, moved to amend the motion by substituting the motion on the table to have the City Council adopt MINUTES--Eugene City Council June 9, 2003 Page 7 Regular Session Council Bill 4834, an ordinance concerning the change of street name of Centennial Boulevard to Martin Luther King Jr. Boulevard. Councilor Bettman said there would be resistance to whatever the council put on the table for action. She said Centennial Boulevard was picked because there was a minimal inconvenience to the City's residents and businesses. She stressed that the businesses located on that portion of Centennial Boulevard would have a year to change their letterhead and expressed her amazement that members of the council would allow something like that to be an obstacle to moving forward with the renaming. She reiterated Mayor Torrey's words at the end of the public hearing on the issue where he had stated that if he were to make a memorial to the Holocaust he would consult the Jewish community and stressed that the African-American Community had made a proposal and followed the process. She said the council would be making a mistake if it did not understand the significance of not listening to that community because it was a different choice than some councilors would make. Councilor Taylor said the issue was more than just the people who lived on the street. She said Centennial Boulevard was named to celebrate the centennial of the State. She said that the street belonged to everyone and not just a certain part of the community. She remarked that the quote from Dr. King was excellent but commented that he was talking about freedom and not naming a street. Councilor Pap~ said his perception of the process was that it had not been communitywide and inclusive. He said it would be easy for him to move forward if the process had been followed correctly. Councilor Kelly remarked that the name change was a very simple and straightforward thing to do. He stressed that the process was followed and unanimously endorsed by the Planning Commission. He said the issue was not about concrete but about respect. He asked for input/views from City Manager Taylor as a newcomer to the City. City Manager Taylor said tough decisions needed to be made while looking out into the community. He noted that most priorities were making sure that services were effective and efficient but one of the underlying concepts the council had to address was whether its decisions helped build the kind of community that was desired. He stressed the need for a decision that built community. He urged the council to ask itself whether its decision would bring a positive result. Councilor Poling reported an ex parte contact he had received from Jack Radabaugh of the Harlow Neighborhood Association. He said he had sent his response to all of the councilors and the City Attorney. He related that he had made a comment during the public hearing on the matter that the Harlow Neighbors had voted to opposed the renaming. He said it had come to his attention that a vote had not been taken and he did not know how the group had come to its decision. Putting that aside, Councilor Poling said the people in his ward were overwhelmingly opposed the renaming and he would stand by the desires of the people in his ward. Councilor Meisner said the council had asked the wrong question about the renaming and the result was a community divided against itself. He said the council needed to do more than just name a street. He said he would support the original motion. MINUTES--Eugene City Council June 9, 2003 Page 8 Regular Session Councilor Nathanson said the decision was a political one. She said the issue, for her, was what was the best tribute for Dr. King. She called for the council to reconcile the community. Councilor Solomon said she had been disappointed with the process. She said it had turned into a "Centennial Boulevard or nothing" debate. She said there were many creative alternatives to honor Dr. King and remarked that she did not see anything creative about renaming a street. She expressed her pleasure that the original motion had a date limit attached. She urged the council to take action by October 15 so the action could be celebrated on Martin Luther King Day. City Manager Taylor noted that the motion only called for a report back to the council by October 15. He said he believed that if Councilor Papa's motion prevailed, he could have something for action by October 15. Councilor Solomon stressed the importance of making a commitment to taking action by that date. Councilor Nathanson said that sometimes the council did extend processes or make alternative proposals to what public input or another committee had recommended. Mayor Torrey said he was deeply disturbed by comments that Eugene was a racist community. He said he would accept such a statement from members of the African-American, Hispanic, or Middle Eastern communities but would not accept such statements from those who were not raised in those communities. He stressed that he refused to be labeled without challenging such a statement. He said for him to agree with the motion to put another committee in place he would, in fact, accept the recommendation of the African-American community as the decision that he would support. He added that if there was a tie vote among the council he would vote that evening to rename Centennial Boulevard after Martin Luther King Jr. He said it was time for the council to move forward. Councilor Kelly said the Register-Guard had commented that the City Council should move swiftly to accept the recommendation of the Planning Commission and avoid further dithering over whether another alternative were preferable. He said shunting the decision off to another committee would be divisive to the community. He added that if another committee were formed to address the issue, any decision they made would have to go to the Planning Commission for a recommendation which would cause further delay. He stressed that the same City Council had voted unanimously, on January 13, to direct the city manager to start the process for renaming Centennial Boulevard. In response to a question from Councilor Pap~ regarding whether the Planning Commission process would have to be repeated if his proposed committee decided on Centennial Boulevard, Mr. Klein said the council could simply move forward with the renaming process. Councilor Bettman noted that councilors Poling and Solomon had both referred to informal conversations with their constituents regarding the issue and questioned whether, in a quasi- judicial matter, consideration was supposed to be limited to the testimony on the record. Mr. Klein confirmed that in a quasi-judicial matter, the council could only consider testimony on the record which was closed at the end of the last public hearing. Councilor Bettman stressed that the council needed to consider only the material on the record and not on informal comments to councilors. MINUTES--Eugene City Council June 9, 2003 Page 9 Regular Session Councilor Poling said he had no communication with anyone on the issue after the close of the hearing on May 27, and any decision he made was based on testimony received before that time. In response to a question from Councilor Nathanson regarding whether the original idea was to have all of Centennial Boulevard be renamed including the part in Springfield, Assistant City Manager Carlson said the direction from the council had been to begin the process of renaming the portion of Centennial Boulevard within Eugene. He said there had been no clear direction for including the portion located in Springfield and added that he was not aware of any public hearings on the subject in the City of Springfield. Roll call vote; the amendment failed, 6:2, with councilors Bettman and Kelly voting in favor. Speaking to the original motion, Councilor Kelly said, although the intent of Councilor Papa's motion was to honor Dr. King in some way, there was no way to incorporate/presuppose a future motion's passage when a new process was completed. He said he would not support the motion since it would just "draw out the agony" by shunting the process to another committee for four months. Councilor Nathanson, seconded by Councilor Solomon, moved to amend the motion by changing the date of the recommendation from the proposed committee to September 17, 2003. City Manager Taylor said he thought staff could get a recommendation from the proposed committee back to the council by that date, but noted that if there was an alternative recommendation, then a new process and time frame would have to be followed. Councilor Bettman said the date was artificial because there would be a long land use process after the recommendation from the proposed committee was returned. She said she would not support the date change or the main motion. Councilor Taylor said October 15 gave more time for the mayor to select members and for the community to speak. Roll call vote; the amendment passed, 5:3, councilors Poling, Taylor, and Bettman voting in opposition. Councilor Bettman said passage of the motion would be a slap in the face to the African American community and she would not support it. Roll call vote; the main motion passed, 6:2, councilors Kelly and Bettman voting in opposition. Mayor Torrey called a five-minute recess to the meeting due to the audience reaction to the vote. IV. PUBLIC HEARING: Chambers Nodal Development Area MINUTES--Eugene City Council June 9, 2003 Page 10 Regular Session Ordinance A: An Ordinance Concerning the Chambers Nodal Development Area; Amending the Eugene Springfield Metropolitan Area General Plan Diagram and the Jefferson/Far West Refinement Plan Land Use Diagram and the Westside Neighborhood Plan Land Use Diagram; Adopting a Severability Clause; and Providing an Effective Date; and Ordinance B: An Ordinance Concerning the Chambers Nodal Development Area, Amending the Eugene Overlay Zone Map; Adopting a Severability Clause; and Providing an Effective Date Alissa Hansen, of the Planning and Development Department, provided a brief staff report. She said the proposed plan designation and zoning amendments would not affect the base plan designations or underlying zoning for properties in the nodal area. She said the criteria for evaluating the plan amendments were located in Eugene Code Section 9.7730(3) and the zone change criteria were from Code Section 9.8865. She noted that the Planning Commission had voted unanimously to forward a recommendation to the City Council to adopt the plan amendments and also voted unanimously to deny the overlay zone amendments. She said the reasons for the recommendation of denial were stated on page 269 of the agenda packet. She submitted a letter from Robed Bowman into the record and noted that the councilors each had a copy of the letter. Mayor Torrey opened the public hearing. David Hinkley 1350 Lawrence Street, said the basic concept in nodal overlay zones was one- size-fits-all. He remarked that this would not work for nodal development. He raised concern that the idea behind a node was to increase density in an area full of single-family dwellings. He said, given the City's record with other plans, he did not see the money or the will to complete the node and added that the process would be more controversial than the refinement plan for the area had been. He suggested doing things one node at a time so each node would have specific work. Ray Rexius, 2742 Chambers Street, raised concern that the node called for parking on both sides of all streets in the node and remarked that this would not work for a major arterial street like Chambers Street. He said there would be difficulties in reconciling the Eugene Springfield Metropolitan Area General Plan and the proposed nodal development overlay. He said the zone would take away some of the uses that he planned for his property and noted that he had been in business for over 50 years. He said the nodal zone would cut through the middle of his property. He said it did not make sense to add requirements to the area when the original zoning requirements and the Metro Plan were already being followed. Jozef Zdzienicki, 1025 Taylor Street, questioned whether the Chambers Node should even be discussed. He cited his objections to the proposed node: · The proposed node started 13 blocks from Willamette Street in the urban core. · The east side of Chambers Street was very different from the west side and was represented by a different neighborhood organization. · The proposed density of the nodal plan was already achieved in the area. · The area was already well served by alternative public transportation. · There was already a propensity of pedestrians and cyclists in the proposed node area which achieved another proposed overlay zone goal. MINUTES--Eugene City Council June 9, 2003 Page 11 Regular Session · There was only 1.57 vacant acres in the proposed nodal area leaving no room for growth. · There was no proposed design review to blend in new construction with older houses already present. · The plan was a waste of money since its stated goals were already achieved. Paul Conte, 1461West 10th Avenue, spoke as the co-chair of the Jefferson/Westside neighbors. He said the neighborhood was not opposed to an overlay zone in general but objected to a process that made key decisions, such as boundaries, with no public involvement beforehand. He said there was little, if any, public support for imposing the current form of the nodal development overlay zone which staff, Planning Commission and City Council all seemed to agree was flawed. He said he had talked to Bob Cartwright, who was the lead transportation person at the Department of Land Conservation and Development, (DLCD), and said his opinion was that adoption of the ND Metro Plan designation by itself, with no other concrete steps of implementation steps, would not satisfy DLCD. He stressed that, to the State, such an action would be a meaningless gesture. Mayor Torrey closed the public hearing. In response to a question from Councilor Bettman regarding what would happen if the underlying zone allowed uses that were inconsistent with the proposed overlay zone, Planning Director Jan Childs said if the proposed overlay zone were applied then existing underlying zoning uses would be allowed but new uses would not. Councilor Bettman said she and Michael Roberts of the Chamber of Commerce and representatives from the homebuilders, neighborhoods, and Friends of Eugene had participated in a process that created a prototype map of the Chambers Node and offered it before the public process as something that a broad range of people could accept. She said one of the principal concepts of their plan was to protect the existing residential neighborhood's character and livability by down-zoning to R-1 and creating the needed density by redevelopment of old underutilized industrial and commercial sites for mixed-use and higher density housing. She questioned whether the plan had been used by staff while preparing the proposed node. She requested that the map be entered into the public record, and be available at the next council discussion about the Chambers Node, for reference. Ms. Childs said the map could be viewed but it would not be part of what was before the council. She said if the council provided direction to the city manager that it wanted to participate in site- specific planning for the area, the map would be used for that process. Councilor Pap~ said he was becoming less enthused with applying nodal development overlays to developed areas. He expressed a hope that staff would get involved in more site-specific nodal planning. V. PUBLIC HEARING: Churchill Nodal Development Area Ordinance A: An Ordinance Concerning the Churchill Nodal Development Area; Amending the Metropolitan Area General Plan Diagram; Adopting a Severability Clause; and Providing an Effective Date. MINUTES--Eugene City Council June 9, 2003 Page 12 Regular Session Ordinance B: An Ordinance Concerning the Churchill Nodal Development Area, Amending the Eugene Overlay Zone Map; Adopting a Severability Clause; and Providing an Effective Date Gabe Flock, of the Planning and Development Department, provided a brief staff report. He said the proposed plan designation and zoning amendments would not affect the existing zoning or designation of the properties involved. He said the Planning Commission had unanimously recommended approval of the diagram amendment of the Metro Plan but to deny the overlay amendments at the current time. Mayor Torrey opened the public hearing. Paul Nicholsen, 3705 Kevington Street, raised concern over possible increased traffic and an inadequate transit systems in the Churchill area. He urged the council to follow the recommendation of the Planning Commission. Mayor Torrey closed the public hearing. VI.PUBLIC HEARING: Eugene Goal 5 Riparian and Upland Inventory Ordinances Ordinance 1: An Ordinance Adopting Criteria for Determining the Goal 5 Inventory Within the Eugene City Limits; Updating the Inventory; and Inventory Within the Eugene City Limits; Updating the Inventory; and Providing an Effective Date; and Ordinance 2: An Ordinance Adopting Criteria for Determining the Goal 5 Inventory Within the Eugene Urban Growth Area; Updating the Inventory; and Providing an Effective Date Councilor Pap~, seconded by Councilor Taylor, moved to extend the end time for the meeting from 10 p.m. to 11 p.m. or until a quorum was lost and that the testimony be limited to two minutes per speaker. Mayor Torrey said there would be no debate and called for a vote on the motion. Councilor Kelly, seconded by Councilor Bettman, challenged the decision of the chair as to the debatability of the motion. Roll call vote; the challenge failed, 5:3, with councilors Kelly, Bettman, and Taylor voting in favor. Roll call vote; Councilor Papa's motion passed, 6:2, with councilors Bettman and Kelly voting in opposition. Mayor Torrey opened the public hearing. Diane Wiley, 1295 Franklin Boulevard, Director of the River-front Research Park, said that the research park was improperly included in the study. She said she had outlined information on that subject in a letter submitted to the council at an earlier time. She also voiced her personal concerns over the plan. She said she was deeply troubled over the way the study was conducted and with what would happen unless the council intervened. MINUTES--Eugene City Council June 9, 2003 Page 13 Regular Session Roxie Cuellar, 2053 Laura Street, spoke on behalf of the Home Builders Association of Lane County. She requested that the record be left open until the following Friday. She also requested that the plan be changed to eliminate any alternative criteria other than the "safe harbor" option. She also urged the standard procedure be applied to riparian corridors because it allowed for setbacks on stream corridors. Bob O'Brien, 3525 Gilham Road, showed a map of the Metro Plan update from 1978. He outlined the 1978 plan and noted that the current plan repeated much of the data on the 1978 plan, but that much of the inventoried land in the older inventory had been lost. He urged the council to finally approve the inventory plan. Marry Peers, 3734 West 58th Drive, Portland, Oregon, submitted written material into the record. He noted that land that he owned had been included on the inventory. He said his land was currently in the planned unit development process with hundreds of staff hours and hundreds of thousands of dollars spent over three years. He raised concern that all of the time and money spent would be wasted if the overlay were applied to his property. Lauri Segel, 120 West Broadway, representing 1,000 Friends of Oregon, read her written material into the record. She said maintained that staff had not upheld its obligation to complete the Goal 5 process. David Hinkley, 1350 Lawrence Street, said the City had been working on the inventory for 15 years. He stressed that the work had been done in the Goal 5 process. He stressed that the document was just an inventory and 15 years was enough time to complete it. Carol McGuigan, 860 West Park Street, submitted written testimony into the record. She said there was no way staff could have visited each site and made a determination. She remarked that many sites did not belong on the inventory list. Ron Farmer, 3330 Bardel Avenue, raised concern over waiting for the council to make a decision. He said he might not live long enough for the council to make a decision. He suggested taking a safe harbor approach which would save time and money. He raised concern that removing 3,500 acres of residential land from the UGB would only hasten its expansion. Debbie Jeffries, 3800 North Delta Highway, asked the council to replace the standard inventory process with the safe harbor approach for the riparian corridor and the upland wildlife resource categories and use the existing West Eugene Wetlands Plan to satisfy the wetland component of the Goal 5 process. She listed questions she felt should be answered by City staff: · The upland portion of site E76 was now part of a golf course. Why are other similar upland golf courses, such as the Eugene Country Club, not included? · Why did the agenda item summary not mention that over 80 percent of the people who testified at the December Planning Commission meeting opposed the inventory being considered? · Why have staff not explained that the delays in the process were due in part to staff not reading the entire OAR (Division 23) to discover that old Goal 5 and new Goal 5 cannot be used at the same time? · Why is land which staff requires be excluded from the PUD process as nonbuildable, included in the Goal 5 process as buildable land? MINUTES--Eugene City Council June 9, 2003 Page 14 Regular Session · Why have staff not told the council that completion of the process would take an additional two to three years? · Is the West Eugene Wetland Plan a local wetland inventory accepted by the Division of State Lands? · Where is it stated in the Oregon Administrative Rules that a local government must do a second local wetland inventory? · Does the draft before the council contain corrections to sites that have been amended and have the sites been evaluated for their numeric rating? Terry Connolly, Eugene Chamber of Commerce 1401 Willamette Street, asked that the council not approve the Planning Commission recommendation on the significance criteria and the Goal 5 Inventory. He expressed a hope that serious consideration would be given to using the safe harbor approach to complete the process. Larry Reed, Arlie and Company, urged the council to take the safe harbor approach. He said the only way to manage growth was proper planning. He said there were other ways to protect natural resources. He noted that the City of Eugene had lost over 1,000 acres of land to protected wetlands. He commented that the City could not afford to take another 3,500 acres out of its buildable land inventory. Jim Welsh, 950 Kelly Lane, Elmira, spoke representing the Eugene Association of Realtors which recommended taking the safe harbor approach for the upland wildlife habitat resources. He said the group was reviewing the standard approach for riparian areas. He said the safe harbor approach would enable the City to complete the process in a timely manner with less cost to the City. Jim Hoffman, 975 Oak Street, spoke representing his clients who were unable to attend. He said his clients owned property included in the Goal 5 Inventory. He said the method used for the inventory made no sense and suggested that, rather than using a blanket inclusion method that took in huge areas of the City, the City take the safe harbor approach and only use the standard approach if the City could show endangered species lived on a specific lot. Rob Handy, 455 1/2 River Road, spoke of a friend's recent trip to Italy and how Italy had preserved its land while having a vibrant economy. He urged the council to change its thinking by revaluing its resources. Kevin Matthews, Friends of Eugene, Southeast Neighbors, said the inventory was simply a list of wildlife habitat left in the community. He said the community would have to decide what to pave and what to save. He said the safe harbor approach was a pathetic, despicable, last-minute attempt to avoid any reasonable process to protect the natural resources of the City. Laura Byxbe, 677 West 23rd Avenue, asked the council to resist changes to the Metro Plan and adopt the inventory and take all the necessary steps to complete the Goal 5 process. Jenel Jorgensen, 1645 Kennelridge Lane, said she had recently purchased land in the south hills with the intent to build a home. She said she had received first notice of her property's inclusion in the inventory on May 20. She stated that the Land Use Board of Appeals had designated her property as buildable and was not a waterway. She urged the council to take her land off the inventory list. MINUTES--Eugene City Council June 9, 2003 Page 15 Regular Session Ann Corum, 3163 Wolf Meadows Road, commented that she owned land on the corner of Norkenzie Road and Corum Avenue. She said the inventory had indicated that there were open waterways and ponds on the property which had never existed. She said there were houses covering the entire area that was on the inventory. She remarked that the City must have money to spend on a staff person who knew absolutely nothing about the area. John Willener, 5415 South 7500 West, Hooper Utah, reiterated the comments of Ms. Corum and added that he could not fathom any reason why the property would be included on the inventory. He stressed that there had never been any pond or stream on the property. He urged the council to have staff visit the site and called the current inventory findings "pure bunk." Maguerite Emery, 2885 Monroe Street, said it was appropriate to protect natural resources for the public good. She raised concern over maintaining public good through significant adverse financial impact on private citizens. She noted that she owned stream bed property that she had paid for but added her concern that the inventory would make her property unsalable. Julie Willener, 2086 Norkenzie Road, remarked that there was no sustainable wildlife on her property. She said there was no ditch or pond on her property or within a mile of her property. She urged the council to take her property off the inventory list. Dan French, 2090 Norkenzie Road, reiterated the concerns over Ms. Corum and Ms. Willener. He said he had lived on his property for 33 years and there had never been a stream or pond on his property. He expressed his dismay in the inventory process and questioned how half of his property could be on the inventory list. Rolla Allen, 1355 Corum Avenue, submitted written material into the record. He noted that his property was located in a fully developed residential area and was less than .6 acres. He said he was abutted by fully developed residential lands on all sides and there were no streams, ponds, creeks, or wildlife near his property. He questioned why his property was included in the inventory. Sylvia Emory, 640 West 40th Avenue, spoke representing herself and her parents. She said her parents had purchase eight acres over 30 years ago with the intent of developing. She said inclusion of the property in the inventory would cause her parents to lose their retirement investment. Adam Novick, 3715 Donald Street, supported conserving wildlife habitat and also supported the uncompensated regulation of private land. He noted that he had no financial interest in the inventory list. He said regulation was critical to society. He raised concern that the present rules for Goal 5 would provide regulatory disincentives such as lost property values and added his concern that the long-term results of the inventory would be more harmful than beneficial. Hank Hoell, 3662 Vine Maple Road, submitted written material into the record. He said his backyard was included in the inventory. He requested that it be excluded from the inventory. He submitted written material supporting his request. Nancy Holzhauser, 2540 Pierce Street, spoke representing Wesley and Joanna Hoskins. She said their property was located near Hendricks Park and was surrounded on the north, east, and west, by residential areas and stressed that the survey she did showed that there was no wildlife MINUTES--Eugene City Council June 9, 2003 Page 16 Regular Session on the property and added that it contained no water features. She requested that the property be taken off the inventory. Wes Hoskins, 2095 Fairmount Boulevard, reiterated the comments of Ms. Holzhauser and respectfully requested that his property be removed from the inventory list. Fred Hamlin, 29773 Gimpl Hill Road, said his property was included because of an aerial map. He urged the council to take the safe harbor approach. He said that approach would complete the process more rapidly. Robert Coakley, 3669 Sanders Street, submitted written material into the record. He remarked that his neighborhood had been totally developed since 1959. He said there were gross errors in the inventory and it should not be approved until those errors were fixed. Jim Spickerman, 975 Oak Street, submitted written material into the record. He said an all- inclusive inventory was a problem for staff and private property owners. He said the process could not be completed in a timely manner and raised concern over the fact that the inventory and the process for ending up listed on the inventory were developed concurrently. He said a land use process should have established criteria that were or were not met. He commented that the inventory was an evolving target that left people confused as to their status. He urged the council to consider the safe harbor process. Marc Tobin, 1758 East 17th Avenue, urged the council to finish the process in a way that protected significant wildlife habitat. Carol Fisher, 3664 Revel Street, submitted written material into the record and asked that the record be kept open for an extended period of time. Jozef Zdzienicki, 1025 Taylor Street, stressed that there was a limited supply of natural areas in the city and the council should act to protect what was left. He urged the council to adopt the inventory. He said he did not agree with the safe harbor approach. Mark Robinowitz, 28549 Sutherlin Lane, commented that Oregon's rainforest was being cut down at a faster rate than that of the Amazon region in Brazil. He commented that if the environment was destroyed there would not be an economy to try to fix. David Monk, 3720 Emerald Street, stressed the importance of moving forward with the process. He said there was a lot of misconception about the inventory. He said the way to get to certainty was to move forward. He said it was not the case that if a property was listed on the inventory no development would be allowed. Jan Wilson, 1260 President Street, remarked on the amount of misinformation at the hearing. She said the proposal for safe harbor was way too late. She stressed that the inventory was an overlay that stressed the importance of protecting natural resources within the City. Karl Sargent, 125 Fir Street, Medford, said the primary transmitter for KLSR Television was listed in the inventory. He remarked that the tower provided a service to the City of Eugene and added that the tower housed other communication services as well. MINUTES--Eugene City Council June 9, 2003 Page 17 Regular Session Councilor Pap~, seconded by Councilor Nathanson moved to extend the meeting by 5 minutes and also moved to keep the record for the hearing open until Monday June 16, at 5 p.m. Roll call vote; The motion passed unanimously. Doug DuPriest, 777 High Street, spoke representing California/Oregon Broadcasting. He reiterated the comments of Mr. Sargent and requested that Tax Lot 600 be removed from the inventory. He stressed that the site was fully developed with communications facilities and noted that written material and photos had been submitted to staff in December 2002. Art Farley, 1667 Fairmount, said the original Goal 5 criteria had not approved safe harbor. He said it was time to move to Phase 2 of the process. He noted that 6,000 properties were included in the inventory list and expressed his opinion that the work done was generally correct and that the few errors were being highlighted by those testifying that evening. VII.ACTION: Resolution 4759 Establishing and Declaring the City of Eugene's Compliance with ORS 453.370 (4) The item was postponed to a later date. The meeting adjourned at 11:05 p.m. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Joe Sams) MINUTES--Eugene City Council June 9, 2003 Page 18 Regular Session