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HomeMy WebLinkAboutCC Minutes - 08/11/03 Mtg MINUTES Eugene City Council Regular Meeting Council Chamber--City Hall August 11, 2003 7:30 p.m. COUNCILORS PRESENT: Gary PapS, Nancy Nathanson, Scott Meisner, Betty Taylor, David Kelly, Bonny Bettman, Jennifer Solomon, George Poling. Mayor James Torrey called the meeting of the Eugene City Council to order. 1. CEREMONIAL MATTERS Presentation of Gift from Irkutsk, Russia Mayor Torrey introduced Councilor Betty Taylor, who brought forward a gift from Eugene's sister city of Irkutsk, Russia. Councilor Taylor related that the City had the pleasure of hosting two visitors from Irkutsk, Russia, the Vice Mayor and a member of the Construction Department, which was similar to Eugene's Planning and Development Department. She explained that she and the Mayor attended a ceremonial dinner with members of the Sister City Committee and the two representatives from Irkutsk and that they had presented the Mayor with a painting of a scene from the City of Irkutsk. Presentation of Telly Award for "We Il Be There "Video Mayor Torrey called Fire Chief Tom Tallon forward. Chief Tallon introduced Glen Potter of the Eugene Fire and Emergency Medical Services Department and Robert Lewis of the Metro Television section of the Lane Council of Governments. He said that Mr. Lewis would speak to an award that Mr. Potter and he had recently received for a video on which they had collaborated. Mr. Lewis stated that, as a video producer, it had been a very high honor to receive a Telly Award, an international award for video excellence, for a project for the Fire & Emergency Medical Services Department entitled 'We ~l Be There." He commended Mr. Potter for the script he had written. Additionally, he commended Barry Burleson for providing fire training video footage for the video. He thanked Bob Warren of his staff for his excellent editing job. He felt MINUTES--Eugene City Council August 11, 2003 Page 1 Regular Meeting that all those contributing to the video had done a good job, and that receiving the Telly award indicated that the rest of the industry recognized the excellence of the end product as well. Chief Tallon noted that the content of the video had been very important as it provided vital information regarding the departmental changes for the transport system and that the video had been run for a month prior to the implementation of the changes. He said that staff had just finished the draft for the next product, in cooperation with Mr. Lewis, which will announce the changes in the dispatch system. He explained that, when calling 9-1-1, there will be enhancements and improvements that the community needed to be educated about. Mr. Potter acknowledged the other members of the production team. He felt that the video had promoted public understanding of the new single-role medic series brought on line last year. He commended the "real stars of the show," the medics and firefighters who are out doing their jobs every day. He said that the story had written itself. 2. PUBLIC FORUM Mayor Torrey noted that 16 people had signed up to speak and that two of them were from the City of Springfield. He requested a motion to extend the time allotted for the Public Forum. Mayor Torrey clarified that there had been council discussion during the previous week on the lack of participation by the County Board of Commissioners and as a result, the City Council had invited the Chair of the Board of Commissioners, Peter Sorenson, and the Vice-Chair, Anna Morrison, to attend the work session and had copies of this invitation sent to the other three County Commissioners. He noted that the other three commissioners had not specifically been invited to the session and that it should not be construed that their absence had meaning. Councilor Pap~ moved, seconded by Councilor Nathanson, to extend the time for the Public Forum by 15 minutes. Roll call vote; the motion passed unanimously, 7:0 (Councilor Solomon had not yet arrived). Mayor Torrey reviewed the rules of the Public Forum. Sid Leiken, 225 5th Street, Springfield, Mayor of the City of Springfield, thanked the council for the opportunity to speak, and for inviting him to attend the work session prior to the present meeting. He expressed disappointment that the cities had to work together for a transportation system maintenance fee (TSMF) or a gas tax as a result of the difficult fiscal times. He noted that it had been 12 years between the last legislature-enacted gas tax and the Oregon Transportation Initiative Act (OTIA) 3 increase, which was enacted this year. He said that the cities had worked closely with Lane County and had lobbied together with Lane County in Washington, DC, asking for help with the money to repay the county for assistance with road maintenance. MINUTES--Eugene City Council August 11, 2003 Page 2 Regular Meeting Mr. Leiken stated that the County had given the cities an ultimatum when it cut back on available road funds. He felt that the cities had been led to believe that the moneys that had been available in 1997 would be available again. He called the road system in the City of Springfield a $250 million asset. He said the City of Springfield had faced a difficult decision when it moved forward with the repeal of the TSMF. He related that the decision had been based on good faith discussions with commissioners Sorenson and Dwyer, and what could possibly happen with OTIA 3. The Board of County Commissioners had since decided to delay any sort of action on allocation of OTIA 3 funding. He wished that Springfield could repeal the gas tax as well. He called Eugene/Springfield the economic hub of Lane County. He expressed pride that the two cities could work together for a common goal. Tammy Fitch, 1269 Island Court, Springfield, President of the Springfield City Council, said that the cities need to keep communicating. She related that she had talked with Commissioner Green and that he had encouraged her to keep communicating. She stated that, in good faith, the City of Springfield had repealed its TSMF, due in large part to the work one of the County commissioners had done to gather enough signatures to put the TSMF on a ballot. She stressed that it would not have been prudent to spend the large sum of money it would cost, approximately $40,000 to $50,000, on a one-item election in tough economic times. She believed that any funding mechanism that could be perceived as permanent would never quite be so, due to the funding reappropriation scheduled to occur in 2006. She commended the two cities for presenting a united front. She believed that money already being collected, regardless of the mechanism, should be distributed accordingly to handle the needed road maintenance. Bruce Miller, PO Box 50968, Eugene, expressed disappointment that students of the University of Oregon were not in attendance. He noted that he had not seen students at the forums that Representative Peter DeFazio had held locally in the previous week. He noted that Councilor Nathanson worked at the University of Oregon library and expressed hope that she could encourage greater participation on the part of the students. Mr. Miller circulated copies of several articles for the council's perusal. Rouald Zauuer, 85398 South Willamette Street, explained that he was the owner of a spa on the corner of 27th Avenue and Willamette Street. He commented that his tenant had vacated in October and that no new tenants had stepped forward to reopen a spa at this site. As a result, he had pursued redevelopment of the property to entice a different sort of business as a tenant; retail on the ground floor with offices above. He related that he had been completely willing to adhere to City Code, but had discovered that the six parking spaces that were on the property were not adequate to meet the requirements that a change of land use would bring into play. He asserted that, if the true interest of the City lay in promoting small businesses in nodal development areas, it should not be made more difficult to develop property for such purposes. He stressed that the redevelopment he sought to complete was an improvement to the area. Ms. Solomon arrived. MINUTES--Eugene City Council August 11, 2003 Page 3 Regular Meeting Eugene Organ, 2850 Pearl Street, President of the Board of Lane Independent Living Alliance (LILA), a center for independent living for people with disabilities in the City of Eugene, spoke on the design of the new federal courthouse. He noted that the courthouse was not designed with a ramp for wheelchair accessibility. The design had improved as the elevator that had been included in the design had been moved from the rear of the building to the front of the building. He stressed the importance of having such a landmark be accessible by all people. He asserted that, according to the Census Bureau, 32.4 percent of residents of Lane County designated themselves as having a disability severe enough to require some assistance. He said that the lack of a ramp disregarded the message that the community had been conveying for years. Mr. Organ recalled that the City of Eugene had entered a contest in 2002 to determine what city was the most handicapped accessible city and had come in second. Eugene was proud of its accessibility. He asked the City to join LILA in expressing its disgust for General Services Administration (GSA) and its plans to build a courthouse that was less than accessible for all people. Elaine Barrett, 996 Jefferson Street, spoke as a representative of the volunteers at the Trude Kaufman Senior Center. She stated that she had handed out an attachment outlining the response from Emerald Empire Council on Aging (EECA) to Resolution No. 4773, which would authorize execution of a lease with the EECA to operate the Kaufman Senior Center. She related that the EECA supported the resolution. She added that it was feasible to use the annex building, that there were several nonprofit groups that were interested in being tenants, and that this would help to provide some ongoing revenue. She said that the Budget Committee had approved of $22,237 in fiscal year 2004 to provide for major maintenance for the center. She explained that City staff had now said that it would give an additional $12,000 from the Trude Kaufman Trust Fund to the EECA to offset the loss of revenue for the annex building. She related that the board felt that this money could be better used to help maintain the annex building by providing a new roof and a paint job. She noted that there were licensed contractors willing to donate their labor. She stressed that the building looked "bad" and would only continue to look worse. She asserted that the building would degrade further without occupants. Janetta Overholser, 30300 Cottage Grove Lorane Road, Cottage Grove, explained that she was a member of the task force appointed by Commissioner Bill Dwyer on animal control. She stated that the task force was meeting and had come up with some suggestions, but even if those suggestions for improvement were submitted to the Board of Commissioners today, the funding would not be available to reopen the cattery at the Lane County Animal Regulation Authority (LCARA) for some time. Ms. Overholser said that much money had been spent on the wetlands project and asserted that unwanted cats would be dumped at the wetlands. She related that a garbage man had found a sack with kittens in it earlier in the day and had brought them to her. She commented that, even though no one wanted to euthanize cats, it was a more humane alternative to dumping them. Ms. Overholser noted that the council had asked for funding suggestions. She reminded the council that $335,000 had been allocated to the airport for advertising. She suggested that the MINUTES--Eugene City Council August 11, 2003 Page 4 Regular Meeting airport could adequately advertise carrier services with $295,000 and the $45,000 would reinstate the services at the cattery. She stressed that the long-term solution was to increase spaying and neutering of animals, adding that she and many others were working toward that end. She asked the council to revisit the issue at its earliest convenience. Kim Heddinger, 1935 Charnelton Street, said that she was speaking on behalf of her father, a citizen of Eugene and a graduate of the University of Oregon, who had been shot down over Vietnam in 1972. She stated that his remains had not been found until 1990 and had not been positively identified and returned to her family until May 2000. She requested, in his honor, and out of respect to the families that did not yet have the kind of closure that her family had, that the Prisoner of War/Missing in Action (POW/MIA) flag be raised on Skinner Butte on September 19, the day of remembrance for POWs and MIAs. Heather Cranor, 41775 Madrone Street, Springfield, asked the City Council as a body to make a statement on the courthouse issue. She expressed her sadness, as a lifelong Lane County resident, at having to address this issue at all. She related that, as a member of the Lane County Human Rights Advisory Committee, she and the committee had sent the GSA notice that a redesign of the courthouse was necessary. She stressed that elevators were not entirely reliable, noting that she had once spent three hours at the University of Oregon Knight Library waiting for an elevator repair person and that, had the building been on fire, she would not be alive. Ms. Cranor called the building of the courthouse in its current design the "biggest step backward" in accessibility for people with disabilities. She reiterated her plea for the City Council to issue a statement as one body to the GSA and, specifically, to Judge Michael Hogan. Nick Urhausen, 2858 Warren Street, explained that he was present to reiterate his request that the POW/MIA flag be flown on the same flagpole with the flag of the United States on Skinner Butte. He stressed that it was "doable." He advocated for flying the POW/MIA flag 365 days a year, as the people that the flag honored were POWs and MIAs 365 days a year. Mr. Urhausen noted that his group had held a picnic with some of the members of the Korean community and several of them had come to speak in the Public Forum. Kenneth Yi, 100 East 18th Avenue, spoke in support of flying the POW/MIA flag on Skinner Butte. He called Eugene "his city," stating that he had moved here from Southern California in 1985. He said that one unique aspect of Eugene was that every differing opinion came together to make a whole. Judi Greig, 2043 Smithoak Street, said that her group had followed up with City staff and councilors regarding the flying of the POW/MIA flag on Skinner Butte. She related that her group was anxious to receive an answer as National POW/MIA Day was September 19. She expressed appreciation for the reception that they had received from staff and councilors. MINUTES--Eugene City Council August 11, 2003 Page 5 Regular Meeting Dan Arkin, 655 Goodpasture Island Road, echoed Ms. Cranor's plea that the City of Eugene go on record requesting that a ramp be built as an access-way to the planned federal courthouse. He related that, since 1980, he had been a litigant and a lawyer in Southern California and, among many experiences, had to be carried into a courthouse, had to be brought in through a back entrance and through a basement, and had to ask a judge to move a car out of a handicapped space in order to access a building. He stated that he had seen ramps added to historic courthouses. He commented that the subway system in Washington, DC had been retrofitted for accessibility at great expense. He noted that he had ridden on the Bay Area Rapid Transit numerous times and that, though designed to be accessible, was sometimes inaccessible due to elevator malfunctions, something one would not realize prior to debarking from the train. Mr. Arkin stressed that people with disabilities had fought long and hard for accessibility and had come a long way. He said it was "overwhelmingly baffling" to see architects and judges represent the obstacles to progress. He added that he had gone to Salem earlier in the month and that all the buildings were accessible by ramps and that the ramps were "gorgeous." Tok Shin Lee, 1588 Regency Drive, said that he had lived in the "great City of Eugene" since 1974. He stated that he had lost two brothers to war, the second of whom was MIA/POW, lost at sea when the boat he was on was hit by a Russian torpedo. He called his brother the "best brother one could ever dream of having." He said that he thought of his brother often and felt helpless, because he did not know where he was. Mr. Lee related that during the war in Korea, lasting more than three years, more than 38,000 soldiers from the United States had lost their lives. He remarked that, from his own experience, not knowing whether a loved one was living or dead was most difficult. Mr. Lee commended the United States and the right to freedom of speech, stating that he had lived in South Korea and Japan during periods of oppression. Charles Katon, 798 Leigh Street, spoke in support of the request to fly the POW/MIA flag as a memorial. He related that one promise made to members of the armed forces prior to deployment overseas was that all efforts would be made to return them. He said that, though the flying of the flag would not likely make the process of repatriation of lost soldiers happen any faster, it would serve as a reminder of the slogan of the POW/MIA organizations: "You Will Not Be Forgotten." He asserted that the flag should be flown on Skinner Butte as the flag that was there was a war memorial. Zachary Vishanoff, Villard Street, accused the City Council of "dragging its feet" on the flying of the POW/MIA on Skinner Butte. Regarding planning in east Eugene, Mr. Vishanoff asserted University of Oregon students would not approve of some of the things that had been happening over the summer. He raised concern MINUTES--Eugene City Council August 11, 2003 Page 6 Regular Meeting that the Central Area Transportation Study (CATS) and the Downtown Refinement Plan processes had not included enough opportunity for students to provide input and suggested that their approval be postponed. He asserted that the CATS would make Franklin Boulevard impassable for pedestrians. He provided councilors with photocopies of articles with information related to his concerns. Mr. Vishanoff recommended holding a planning forum with University students. Jeanne-Marie Moore, 2852 Willamette Street #103, spoke in support of including a ramp for accessibility in the design of the Lane County Courthouse. She related that she had been in buildings in which fire drills had been conducted and that people in wheelchairs had been advised to stay put and wait for the fire drill to be completed. She declared a ramp to be the only safe way to get people out of a burning building. She reminded those present that elevators had not provided escape for the people in the World Trade Center tragedy. She urged the council to take a stand on the issue. Ms. Moore added that she was a therapist and expressed her support for the placement of the POW/MIA flag on top of Skinner Butte as "symbols mean everything" for people who are grieving. Mayor Torrey closed the Public Forum and invited comments from councilors. Councilor Nathanson, in response to testimony regarding the cattery and the budget process, explained that prior to the budget process, the Budget Committee had gone through a prioritization exercise. She related that she had identified animal control as an item of public safety. She said that financial circumstances indicated that the animal control and animal shelter operations would have to undergo some kind of restructuring. She added that it had become apparent that the situation would have to attain a level of crisis before it would be addressed. She requested information on possible options to mitigate the crisis. Councilor Nathanson asked City Manager Dennis Taylor what it would take to have the POW/MIA flying on Skinner Butte on September 19. She expressed her hope that, at a minimum, the City would fly the flag on the six days that the nation had designated in remembrance of the POWs and MIAs who had not been recovered. Councilor Pap~ concurred with Councilor Nathanson. He commented that the issue seemed to be not so much whether or not to fly the flag, but rather what precedent would be set. He noted that there had been difficulty in the past with the procedure used to establish memorials. He felt that something could be done for September 19 while the City worked on a policy on how to proceed with the creation of physical memorials. City Manager Taylor stated that staff was still trying to attain some clarity. He thought it likely that there would be a response in time to prepare for September 19. MINUTES--Eugene City Council August 11, 2003 Page 7 Regular Meeting Councilor Pap6 addressed those who spoke on the issue of accessibility at the new federal courthouse. He likened the GSA to an "800-pound gorilla" and stressed that it could override requests from the City. He said that Judge Hogan, while he had influence in the situation, did not have the power to change the courthouse either. He added that the City Council could do the best it was able to do to influence the design of the courthouse but it did not have the power to change it. Councilor Bettman thanked those who testified at the Public Forum and especially thanked the seniors from Trude Kaufman Senior Center. Regarding the POW/MIA flag, Councilor Bettman reiterated her support for it, but said that decisions had to be made in the context of the broader community as this was a democracy. She expressed hope that something could be expedited and that the flag could fly 365 days a year. Councilor Bettman announced that, during the previous work session, the majority of council members had voted to send a letter to the GSA regarding accessibility in the new courthouse. She said that the letter would be signed and forwarded at the next work session, scheduled for August 13. She noted that the Human Rights Commission and the Council Committee on Intergovernmental Relations had also sent letters encouraging the GSA to rethink its design. She added that there would be a public meeting with representatives of the GSA on August 26 at noon in the Council Chamber to further discuss the issue. Councilor Bettman asked staff, regarding the testimony on the redevelopment of the spa at 29th Avenue and Willamette Street, for some clarification on the parking requirements. She noted nodal development sought to reduce parking requirements. 2. CONSENT CALENDAR A. Approval of City Council Minutes - June 18, 2003, Joint Elected Officials Public Hearing - July 14, 2003, Work Session - July 14, 2003, City Council Meeting - July 16, 2003, Work Session B. Approval of Tentative Working Agenda C. Ratification of intergovernmental Relations Committee Actions of June 11, June 25, July 16, July 30, 2003 Council President Pap6 moved, seconded by Councilor Nathanson, to approve the items on the Consent Calendar. MINUTES--Eugene City Council August 11, 2003 Page 8 Regular Meeting Councilor Kelly stated that he had submitted corrections to the minutes via e-mail. Mayor Torrey noted that, without objection, the corrections were approved. Councilor Bettman said that she had submitted corrections to the minutes by e-mail as well. Mayor Torrey, seeing no objection, deemed her corrections approved. Roll call vote; the motion to approve the Consent Calendar passed unanimously, 8:0. 4. PUBLIC HEAR1NG: An Ordinance Concerning a Code of Ethics for Public Officials; and Adding Sections 2.480, 2.484, 2.486 and 2.488 to the Eugene Code, 1971 City Manager Taylor called for Mary Walston of the City Manager's Office to introduce the subject. Ms. Walston noted that there had been two work sessions on the ordinance, on March 10 and June 9, and from those sessions staff had developed an ordinance that included the council's suggested revisions. She said that the ordinance had been modified to include standing committees to the council, i.e., the Budget Committee and the Planning Commission. She added that there was a proposed process for filing a complaint. Mayor Torrey opened the public hearing. Seeing that there was no one who wished to speak to the ordinance, Mayor Torrey closed the public hearing. Councilor Kelly cited Section 2.486(2)(b), and asked why copies of all complaints would not be forwarded to the council. City Manager Taylor said that he would provide this information at the next session at which the ordinance would be considered. Councilor Bettman expressed disappointment that no members of the public wished to speak to this issue. She thanked staff for the revisions that had been made. She noted that the council did not have the authority to hire or fire anyone aside from the municipal court judge or the city manager, but she believed that the council's review of a substantiated complaint did not fall under the charter prohibition and would be a useful tool for council to use when evaluating the code or the city manager. She suggested there be language to include under 1 (a) and (b), pending any objection by legal counsel. City Attorney Glenn Klein stated that staff would address Ms. Bettman's comments in the notes to the council prior to the next meeting as well. MINUTES--Eugene City Council August 11, 2003 Page 9 Regular Meeting Councilor Poling reiterated his request that a portion of the complaint form contain a place for those filing such a form to swear or affirm that the complaint was true and accurate, primarily to ward off fictitious or malicious complaints. Mr. Klein said that he would confer with Ms. Walston on the idea prior to the next session on the ordinance and reference it in the staff notes. Councilor Pap6 recommended including the assistant city manager in the definitions of Public Official under Section 2.480. He also felt that 'executive manager' should be defined. Mr. Klein said that he would look into that. Regarding 2.486 (2)(b), Councilor Pap6 agreed with Councilor Kelly that all copies of all complaints filed should be shared with the council. In response to a question regarding 2.488 from Councilor Pap6, Mr. Klein stated that, under the charter, a decision on such a violation would be rendered by a majority vote of the council. Councilor Pap6 felt that such a vote should require a super-majority. Mr. Klein said that he would check the charter amendment in order to respond to whether a super-majority would be allowable. He requested that the council indicate whether there was majority support for a requirement for a super-majority vote. Mayor Torrey closed the public hearing. Mayor Torrey adjourned the City Council meeting at 8:45 p.m. 5. ACTION: Utility Undergrounding Mayor Torrey convened the meeting of the Urban Renewal Agency. Councilor Pap6 moved, seconded by Councilor Nathanson, to approve the use of Riverfront Research Park Urban Renewal District funds in the amount of $46,000 to fund a portion of the City's share of the cost to underground the utility lines on Franklin Boulevard from Agate Street to Onyx Street, and direct that this project be added to the budget as part of FY04 Supplemental Budget # 1. Mayor Torrey called for discussion on the motion. Councilor Meisner registered his opposition to the motion. He noted that there was a telecom tax fund and that sufficient resources were in the fund to support this proposal at the half-way level, but there was no list of the priority projects that the fund should be used for. He felt that the council would appear to be picking up a project that was not prioritized after having to cut programs and that this would raise questions in the minds of citizens. Councilor Bettman noted that staff had deemed this an appropriate use of the telecom tax. She wondered why the funding was not coming entirely from the telecom tax. She suggested that, MINUTES--Eugene City Council August 11, 2003 Page 10 Regular Meeting should this be an appropriate use of the telecom tax, the tax revenue be dedicated to a master plan for undergrounding. Mike Sullivan, Division Manager for the Neighborhoods, Housing, and Community Development Division of the Planning and Development Department, responded that there was communication fiber on the poles that were scheduled to be moved and utilities undergrounded. He stressed that the primary function of the poles was electric and not telecommunications. He related the staff position that it made sense to share between the two sources, but it was possible to use only one source or the other. Councilor Bettman commented that she would be more comfortable with the project if a master plan had been developed and a revenue source identified for undergrounding utilities. She felt that the money was being diverted from the General Fund for something that was a non-essential service. She said she would oppose the motion. She stressed that the project was slated to cost $276,000 and would pay to underground utilities for only five city blocks. City Manager Taylor stated that the cost to the City was "as low as it will ever be." He stressed that there was equal participation from the Eugene Water & Electric Board (EWEB) and Lane Transit District (LTD) and that this represented a one-time opportunity to accomplish this project, which was consistent with the guidelines both for the district and for the City that directed the City to attempt to do so wherever possible. Councilor Pap~ asked staff to justify the use of urban renewal funds. City Manager Taylor responded that this was an opportunity to underground utilities in a manner that was consistent with the urban renewal area and consistent with participation of other agencies. He noted that the original motion had been to utilize urban renewal funds alone. Councilor Pap~ questioned why the funding was not solely being taken from the telecom tax fund. City Manager Taylor felt that taking the entire $92,000 from the telecom tax fund would dilute the fund so that it could not be invested in cost-saving activities that were a higher priority than the project under consideration. Councilor Nathanson stated that a reason not to take all of the money out of the telecommunications fund was that there was an intended purpose for the fund, that of providing for the delivery oftelecommunica- tions services in Eugene. She felt there was an argument to be made that use of the fund to underground utilities that deliver telecommunications services was appropriate, but that, as the utilities in question were also related to the delivery of electricity, it was appropriate to charge some of the cost elsewhere in order to stay true to the purpose for the fund. Regarding the master plan for undergrounding, she stated that the memorandum of understanding (MOU) between EWEB and the City was to take advantage of opportunities to underground utilities. She added that the council had supported the MOU and that the opening of this portion of Franklin Boulevard represented such an opportunity. Councilor Taylor reiterated that council had agreed to underground utilities when the opportunity presented itself. She thought it appropriate to utilize urban renewal funds, adding that the funds in question could only be used in this area. She stated that this was the right time and the right money and opined that the funding should come entirely from the urban renewal fund. MINUTES--Eugene City Council August 11, 2003 Page 11 Regular Meeting Councilor Meisner remarked that this activity would dilute both funds. He predicted that when the project to turn East Broadway Street into a pedestrian-friendly neighborhood street was ready for implementation, there would not be money to make the sidewalks usable and the street livable because the money will have been spent on this project. He noted that there was a strong potential for cost overruns in the undergrounding project. Mayor Torrey called for a second round of comments. Councilor Bettman remarked that merely opening the ground did not make an opportunity, but that a real opportunity would be when the council discovered that it had excess money. She reiterated that the priority for the project did not elevate itself to qualify for this funding. She questioned whether the project had an absolute funding cap. City Manager Taylor responded that this was the absolute cap available to spend on the project. He stated that the issue was whether the City would be able to leverage funds from other participating agencies to take advantage of an opportunity. Mr. Klein stressed that it would not be possible to overspend on this project without the approval of the City Council. Councilor Pap~ conveyed his disbelief at the price of the project. Mr. Sullivan said that the utility poles were going to be moved as a result of the Bus Rapid Transit (BRT) project and that money would be spent to move them, should the undergrounding project not be funded. Mayor Torrey called for a third round of comments. Councilor Bettman asked why the owners of adjacent property were not being assessed. Mr. Sullivan said that LTD had suggested financial participation to the adjacent property-owners and that none had been interested. Councilor Bettman repeated her objection to the project. Councilor Nathanson voiced her support for taking the opportunity to underground while the street was torn up to accomplish construction of the BRT. Role call vote; the motion passed, 6:2; Councilors Bettman and Meisner voted no. Mayor Torrey closed the meeting of the Urban Renewal Agency at 9:05 p.m. Council members took a brief break. 6. ACTION: Resolution 4770 Adopting Amended Systems Development Charge Methodology for Parks System and Amending Resolution Nos. 4740 and 4748 MINUTES--Eugene City Council August 11, 2003 Page 12 Regular Meeting Mayor Torrey reconvened the meeting of the City Council at 9:13 p.m. Council President Pap~ moved, seconded by Councilor Taylor, to adopt Resolution 4770 Adopting Amended Systems Development Charge Methodology for Parks System and Amending Resolution Nos. 4740 and 4748. Role call vote; the motion passed, 6:2; Councilors Meisner and Bettman voted no. 7. ACTION: Remanded Needed Housing Code Provisions Ordinance A: An Ordinance Concerning Remanded Needed Housing Provisions; Amending Sections 9.6220, 9.6505, 9.6510, 9.6710, 9.6805, 9.6815, 9.6820, 9.6835, 9.6845, 9.6865, 9.8030, 9.8100, 9.8220, 9.8325, 9.8445, and 9.8520 of the Eugene Code, 1971; Adopting a Severability Clause; and Providing an Effective Date; or Ordinance B: An Ordinance Concerning Remanded Needed Housing Provisions; Amending Sections 9.6220, 9.6505, 9.6510, 9.6710, 9.6805, 9.6815, 9.6820, 9.6835, 9.6845, 9.6865, 9.8030, 9.8100, 9.8220, 9.8325, 9.8445, and 9.8520 of the Eugene Code, 1971; Adopting a Severability Clause; and Providing an Effective Date (Planning Commission Recommendation) City Attorney Klein reminded the council to vote on either Ordinance A or Ordinance B. City Manager Taylor stated that staff and the Planning Commission recommended Ordinance B. Council President Pap~ moved, seconded by Councilor Nathanson, that the City Council adopt Ordinance B, an ordinance concerning remanded needed housing provisions; amending sections 9.6220, 9.6505, 9.6510, 9.6710, 9.6805, 9.6815, 9.6820, 9.6835, 9.8030, 9.8100, 9.8220, 9.8325, 9.8445, and 9.8520 of the Eugene Code, 1971; adopting a severability clause; and providing an effective date, with the deletion of changes to renumbered EC 9.6815(2)(d). Mayor Torrey opened the floor for council comments. Councilor Bettman recapped the remand process. She felt that the Lane County Homebuilders Association wanted language that would be clear and objective and simultaneously flexible. She asserted that the council would be eliminating provisions that supported traffic calming devices and the preservation of natural resources by supporting the ordinance. She opposed the ordinance. Roll call vote; the motion passed, 7:1; Councilor Bettman voted no. The meeting adjourned at 9:18 p.m. MINUTES--Eugene City Council August 11, 2003 Page 13 Regular Meeting Respectfully submitted, Dennis Taylor City Manager (Recorded by Ruth Atcherson) MINUTES--Eugene City Council August 11, 2003 Page 14 Regular Meeting