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HomeMy WebLinkAboutCC Minutes - 11/10/03 Mtg MINUTES Eugene City Council Regular Meeting Council Chamber--City Hall November 10, 2003 7:30 p.m. COUNCILORS PRESENT: Gary Papd, Nancy Nathanson, Scott Meisner, David Kelly, Betty Taylor, Bonny Bettman, George Poling. COUNCILORS ABSENT: Jennifer Solomon. Mayor James Torrey called the meeting of the Eugene City Council to order. 1. CEREMONIAL MATTERS · Presentation of Award from American Cancer Society Mayor Torrey introduced Dr. Martin Jones, who was in attendance to make the presentation. Dr. Jones stated that Tobacco-Free Lane County, on behalf of the Americans for Non-Smokers' Rights, wished to present the City of Eugene with the Americans for Non-Smokers' Rights 100-Percent Smoke- Free Award of Excellence for enacting a comprehensive smoke-free ban. He noted that three years had transpired since the enactment of the ban. He commended the City for protecting residents and workers in the community from secondhand smoke, proven to cause cancer in humans. Dr. Jones cited the recent Helena Heart Study, which had discovered that the incidence of heart attacks had fallen by 60 percent in the first six months of its smoke-free ban. He said other communities had followed the leadership of the City of Eugene and enacted smoke-free ordinances. He noted that the states of Delaware and New York and the country of Ireland also enacted such ordinances to create a safer environment. Councilor Papd received the award on behalf of the City. Councilor Nathanson thanked the national organization and especially Dr. Jones. She said it was nice to be acknowledged in this way. She commended Tobacco-Free Lane County for taking the lead on the ordinance and the City Council for bringing the ordinance to the community. She expressed appreciation for the efforts of local businesses to bring the business community into compliance. She called the law a success, commenting that there were short-term benefits in that it created a more pleasant environment, and long-term benefits to health. MINUTES--Eugene City Council November 10, 2003 Page 1 Regular Meeting · Presentation of Award from The Nature Conservancy Mayor Torrey introduced Scott Duckett, Natural Resources Manager for the Parks and Open Space Division, who made the presentation of an award to the City on behalf of The Nature Conservancy. Mr. Duckett presented the award. He explained that The Nature Conservancy had worked closely with the City of Eugene in trying to strike a balance between wetland protection and providing for economic development in the west Eugene area. He related that The Nature Conservancy had chosen the City of Eugene to receive its statewide conservation award because of the success of the West Eugene Wetlands Project. He noted the award was a photo of flowers in the Willow Creek Nature Preserve. Councilor Papd came forward to receive the award. Mayor Torrey asked Mr. Duckett to speak to an award received by Steve Gordon. Mr. Duckett spoke glowingly of Mr. Gordon's accomplishments as a natural resource planner. He said Mr. Gordon had been successful in garnering much federal and partner support to acquire lands and to protect the important natural areas within the City. He expressed hope that Mr. Gordon would continue his good work despite being semi-retired. He showed the award presented to Mr. Gordon by The Nature Conservancy. Mr. Gordon explained that the award depicted a spotted skimmer, a dragonfly that was fairly common in the West Eugene Wetlands. Mayor Torrey remarked that it took a lot of people to make a positive impact to a community. He called Mr. Gordon a tremendous asset. He noted that Mr. Gordon would agree with him that the West Eugene Wetlands was a partnership between the City Council, staff, partners in the environmental community, and the development community. He called attention, in particular, to the work of the Bureau of Land Management in the West Eugene Wetlands Program. He strongly encouraged the council to pass a resolution thanking the Bureau of Land Management for its efforts in making this happen in the commu- nity. He said the community was a better place because of the work of the Bureau of Land Management and also a better place because of people like Steve Gordon. Mr. Gordon commented that the City Council had adopted the plan unanimously in 1992. He noted that he had worked with four mayors, eight city councils, and five city managers over the life of the project. He stressed that without the support of everyone, from those who had lobbied for federal support in Washing- ton, DC, to those who gathered seeds, the project would not have succeeded. Mr. Gordon also noted the reorganization of the Public Works Department, calling it instrumental. He lauded the City of Eugene for hiring people with a background in natural resources, specifically commend- ing the work of Kurt Corey, Johnny Medlin, Scott Duckett, Eric Wold, and Neil Bj6rklund. He added that the decision to sub-contract with Ed Alverson of The Nature Conservancy was also of great benefit to the project. MINUTES--Eugene City Council November 10, 2003 Page 2 Regular Meeting Mr. Gordon echoed the Mayor's recommendation to recognize the Bureau of Land Management. He stated that it had quietly used federal money to work with willing land owners to purchase more than 100 parcels in West Eugene since 1992. He called the program a ~miracle" and a testament to the real estate tact of their staff. In closing, Mr. Gordon said it had been an honor to serve Eugene and expressed hope that he could continue to do so. He reminded the City that the wetlands program had been a springboard for many other natural resource endeavors upon which the City had been able to embark upon. He lauded the City for seeing the vision and supporting it politically. Mayor Torrey thanked Mr. Gordon. 2. PUBLIC FORUM Mayor Torrey reviewed the rules of the Public Forum. Janetta Overholser, 30300 Cottage Grove-Lorane Road, Cottage Grove, stated that she had taken a petition to restore funding to the Lane County Animal Regulation Authority (LCARA) cattery, previously submitted to the City Council, to the Lane Board of County Commissioners. She said the Task Force For Animals would be sunsetting and its recommendations would be submitted to the county commissioners by 5 p.m. on November 17. She noted they would have public hearings on this and she encouraged the City Council to support the recommendations. Ms. Overholser related that she had come from the Greenhill Humane Society and that the director, Randi Golub, provided a letter to read to the City Council. She read the letter, the story of a stray cat that had not been properly cared for after being hit by a car and ultimately had to be euthanized at Greenhill Humane Society. Ms. Golub indicated in the letter that she intended to resign her position due to the stress and feeling of helplessness she experienced due to the magnitude of the stray cat problem in Lane County. She implored the City Council to reconsider funding the cattery. Ms. Overholser provided copies of the letter to the council. Ms. Overholser acknowledged the council's intention to consider one-time funding for the cattery and pleaded with the council to restore the funding. She commented that the West Eugene Wetlands Project was a wonderful endeavor but said it was also a perfect place to dump unwanted cats. She opined it was a shame to spend millions on habitat for wildlife only to have it overrun by strays. Mayor Torrey closed the Public Forum and invited comments from councilors. There were none. 3. CONSENT CALENDAR A. Approval of City Council Minutes - October 13, 2003, City Council Meeting - October 20, 2003, Boards, Commissions, and Committees Interviews - October 22, 2003, Work Session MINUTES--Eugene City Council November 10, 2003 Page 3 Regular Meeting B. Approval of Tentative Working Agenda C. Approval of East Campus Plan Amendments Councilor Pap~, seconded by Councilor Nathanson, moved to approve the items on the Consent Calendar. Councilor Taylor took issue with the Tentative Working Agenda. Mayor Torrey recommended pulling Item B and Councilor Taylor did so. Councilor Kelly said he had submitted corrections to the minutes via e-mail. Mayor Torrey stated that, without objections, the corrections were approved. Councilor Meisner also had submitted a correction to the minutes. Mayor Torrey deemed the correction, without objection from the council, approved. Councilor Bettman stated that she had submitted corrections to the minutes via e-mail. Mayor Torrey deemed her corrections, without objection from the council, approved. Roll call vote; the motion to approve the Consent Calendar, absent Item B, passed by unanimous vote, 7:0. Councilor Taylor expressed concern that the agenda for January 28, 2004, was ambitious for the time allotted. Mayor Torrey concurred. He suggested the agenda be adjusted. City Manager Taylor said he would look into the situation. Roll call vote; the motion to approve Item B, the Tentative Working Agenda for the City Council, passed unanimously, 7:0. 4. PUBLIC HEARING: An Ordinance Effecting Housekeeping Amendments to Sections 2.007, 2.017, 2.965, 3.483, 4.083, 4.989, 6.340, 6.406, 6.476, 6.610, 7.197, 8.305, 8.950, of the Eugene Code, 1971,; and Repealing Sections 2.016, 2.290, and 6.065 of the Code City Manager Dennis Taylor asked City Recorder Mary Feldman to speak to the amendments. Ms. Feldman explained the amendments were all housekeeping in nature, the majority of which were to bring the code into compliance with the revised City Charter. She noted that there had been numerous inconsistencies with code provisions. A few of the changes had been discovered while reviewing the entire code following its conversion from Word Perfect to Microsoft Word. Mayor Torrey opened the public hearing. Noting that no one signed up to speak, he closed the public hearing. Mayor Torrey opened the floor for questions from the City Council. MINUTES--Eugene City Council November 10, 2003 Page 4 Regular Meeting Councilor Pap~ asked if it was possible to proceed with action on the ordinance at the present meeting. City Attorney Glenn Klein ascertained that, with unanimous consent of the council, councilors could proceed on the matter. Councilor Kelly suggested Mr. Klein determine the bill number. Mayor Torrey deferred the vote pending the determination of the council bill number. 5. PUBLIC HEARING: An Ordinance Concerning the Downtown Area, and Amending Sections 3.005, 3.344, 4.870, 4.871, 4.872, 4.990, 5.010, and 5.225 of the Eugene Code, 1971 City Manager Dennis Taylor requested Lieutenant Chuck Tilby of the Eugene Police Department (EPD) to speak to the ordinance, as Lt. Tilby spearheaded the task team that had worked on the ordinance. Lt. Tilby reported that, since the council work session, the task team had met with the Human Rights Commission (HRC) and several stakeholder groups. He noted that several sections had been changed, specifically related to sitting down, lying down, and sleeping. He said an addition to the exception to the closure of Broadway Plaza had been made to allow travel through the plaza during the hours of closure. Mayor Torrey called for questions and comments from the council. Councilor Kelly thanked staff for striking the %verly broad" prohibitions on lying down, sleeping, and sitting on the sidewalk. Mayor Torrey opened the public hearing. Russ Brink, 132 East Broadway Street, spoke in his capacity as Executive Director of Downtown Eugene, Incorporated (DE1). He noted that he was also present as a member of Eugene In Common (EIC) which was a consortium of DE1, Farmers' Market, Saturday Market, and Downtown Events Management representatives. He explained that EIC was contracted by the City to manage downtown public space and the ordinance before the council provided the legal authority that would allow EIC to deliver the service. Mr. Brink, responding to a question raised at a council work session regarding the specificity of the rules applying to the downtown area and why they were not implemented on a citywide basis, cited the preamble of the revised Downtown Plan, up for review in December, which called the downtown the ~heartbeat of activity in Lane County" and %ur civic center." He said it was clear the City was acknowledging the downtown area was a unique place, a place where commerce, residents, vendors, and employees mix together within a confined area. He felt it deserved a high level of management and maintenance. Mr. Brink remarked that most of the ordinance and accompanying administrative rules, in practice, would govern private commerce on public property. He asserted it was necessary to govern the activities that were prohibited or to require a permit for gatherings for reasons of public health and safety. He cited, as an example, the requirement that a permit be attained from the City for a gathering of 25 or more people. He said such gatherings posed insurance liability risks and increased litter and the permit process would prevent such gatherings from conflicting with one another. MINUTES--Eugene City Council November 10, 2003 Page 5 Regular Meeting Mr. Brink called the council's attention to the pictures that demonstrated the proposed permitted newspaper dispenser placements. Mr. Brink conveyed the support of DE1 and EIC for the ordinance and submitted his testimony in writing into the record. Beth Little, 1560 Grant Street, general manager of the Saturday Market, felt it essential that the people who come to the Saturday Market both as vendors and customers feel the downtown area is a destination. She commented that the process to renew the administrative rules without a mall was a constructive one which included businesses, the library, EPD, the City Manager's Office, Planning and Development, and the Lane Transit District (LTD). She noted the membership of the market numbered 780 and called the market a ~precious" part of the community, adding that the market had now been running for 34 years. She conveyed the market's support for the ordinance. Angus James, 200 West Broadway Street, said he came before the council to encourage acceptance of the ordinance. He did not support completely overturning the prohibition on sleeping and lying down in the downtown area. He felt his employees did not have a way to deal with the potential conflict ~lying on the sidewalk" in front of his business could create. He noted he had been a member of the business community of Eugene for 18 years. He called the activities in the downtown area unique and felt the downtown area needed all the help it could get to ~keep things moving." He expressed concern that a lack of concrete prohibitions put his employees at a disadvantage when trying to enforce behavioral rules in the outdoor area of his downtown business. Polly Nelson, PO Box 50426, representing the American Civil Liberties Union (ACLU), conveyed legal concerns that there were no protections for speech or protections for signature gatherers. She questioned whether a musician who put out a guitar case to collect money would be considered to be fundraising and whether, should a crowd of 25 or more people gather to listen, the musician would be required to obtain a permit. She wondered if fundraising could really have been intended to mean panhandling. Ms. Nelson cited the bottom of page 4 of the ordinance, which talked about conduct within 20 feet of authorized activity that prevented reasonable people with normal sensitivities from participating in the properly authorized activity from carrying on a normal conversation. She asked whose sensitivities would be considered. She suggested the establishment of decibel limits as a solution to the vagueness of this language. Ms. Nelson relayed the willingness of the ACLU to work with the City to alleviate problems before implementation. She stated that free speech could be protected, noting that there was much talk of commerce in the ordinance, and that it was difficult to differentiate between commerce and all other kinds of speech without being concerned about constitutional limitations. David Hinkley, 1350 Lawrence Street, Apartment 6, said his biggest fear was that the ordinance would work and move ~the problem" from the downtown area to his neighborhood. He stated there were already problems in Monroe Park, Charnel-Mulligan Park, and around the Lane County Fairgrounds. He felt there were enough problems in his neighborhood. MINUTES--Eugene City Council November 10, 2003 Page 6 Regular Meeting Mr. Hinkley remarked that the real solution was to increase business in the downtown area so that problematic people were lost in a ~mass" of people coming and going. He felt too many people thought the downtown was ~dead" and did not want to place their businesses there. He called it a ~vicious circle" and reiterated that the ordinance was no solution and only sought to move the problem people out of the downtown area. Mayor Torrey, seeing no one else who wished to speak, closed the public hearing and called for questions and comments from the City Council. Councilor Taylor agreed with Mr. Hinkley. She commented that behaviors that should not be exhibited downtown should not be in other neighborhoods either. Councilor Taylor expressed concern regarding the rule requiring a permit for a gathering of 25 or more. She felt the downtown should welcome an increase in people visiting the downtown area. Regarding the rule on the closure of the Broadway Plaza, Councilor Taylor objected to making it illegal to stop and talk at Willamette Street and Broadway Street after a certain hour. She supported increasing the foot traffic of the downtown area at all hours of the day. She noted the success of the Farmers' Market and the Saturday Market, largely due to the crowds of people who come there, calling them business assets to the downtown area. Councilor Meisner provided his general support for the ordinance as revised. He requested written analysis as to why the downtown area did not include the area around 5th Avenue. Councilor Kelly agreed that the downtown area needed specific rules and protections, but was uncertain as to how reasonable they were. He was concerned about the rule regarding a gathering of 25 people. He questioned whether such a limit was needed when there were already policies governing the impediment of foot traffic. He felt the rule ran counter to a constitutional right to gather in support of a prominent person or to gather in protest of a government action. Councilor Kelly raised concern, regarding 4.872 (1)(c), which banned commercial pursuits without a permit. He questioned the wisdom of banning street entertainers from an area the City wished to make lively. Councilor Bettman shared the concern with the requirement of a permit for a gathering of 25 people. She asked what objective was being sought by the implementation of this limit. Lt. Tilby responded that the object was not to ';get at" a protest activity, but rather was directed toward facilitation of pedestrian movement and the prevention of obstruction to it. He added that foreknowledge of competing interests would allow for a more effective handling of public safety concerns. Councilor Bettman shared Mr. Hinkley's concern regarding displacement of the problem, but asserted that the downtown area was a ';special place" where commerce took place and people resided as well. She stressed that the City needed to be vigilant in other neighborhoods, but felt it appropriate to have a higher threshold of behavior where there was such an intense amount of activity. MINUTES--Eugene City Council November 10, 2003 Page 7 Regular Meeting Councilor Bettman recommended that Section 4.870 include reference to residential areas and should include language regarding livability as well as commerce. Additionally, she concurred that the use of the terms ~reasonable persons" and %ensibilities" in the ordinance was not clear and objective. She recom- mended that legal counsel review the language. Councilor Bettman indicated that, aside from those two issues, she supported the ordinance. Councilor Pap~ shared the sentiments that the downtown area needed to go beyond safety and become a lively and vibrant place. He felt the concerns raised by Ms. Nelson needed to be reviewed to ascertain the ordinance's compliance with the Constitution. He noted that Eugene was not the only community in the country that was trying to control activities in an area. Mr. Klein responded that the language in question had been in the code for a number of years. He said he was unaware of whether the City Attorney's office had looked into the constitutionality of the language, but would check on it and provide a legal opinion on the matter. Councilor Poling called the work on the ordinance another example of ~a diverse group of people getting together and working as a team to resolve issues." He commended the work submitted by the people. He agreed with Councilor Meisner that the area should be extended to parts of the core of downtown located by the Fifth Street Public Market. He conveyed his general support for the ordinance, noting that while it was no longer a mall, the downtown area needed certain ordinances to be put into place to keep the area vital, vibrant, and an area where the community could come together for pedestrian-oriented activities. Councilor Poling disagreed with people who had asserted that rules and regulations should apply equally to all areas of the city. He asserted that the downtown area was a different area than all others and needed to be treated as such. Councilor Poling suggested reviewing the County ordinance regarding noise that placed limits on decibel levels as a reference point for possible language in the downtown ordinance. Councilor Kelly recognized the 25-person limit had been in the language but asserted it was being applied to a much larger area in this case. Councilor Kelly asked staff to review the language regarding fundraising to ascertain that it did not impede the constitutional right to panhandle. Continuing, Councilor Kelly expressed concern that Section 4.872 (1)(d) was too broad and could be interpreted as prohibiting the placement of a sign outside a restaurant advertising a lunch special, etc. He wondered if the issue was one of scale and suggested the language be fine-tuned. Regarding newspaper dispensers, Councilor Kelly encouraged staff to consult the local publications to attain their feedback. Councilor Nathanson asked if the restrictions on newspaper dispensers were to minimize clutter. She asked if utility sources would be included. MINUTES--Eugene City Council November 10, 2003 Page 8 Regular Meeting Mr. Taylor affirmed, at Mayor Torrey's request, that the matter would be before the council for action on November 24. MINUTES--Eugene City Council November 10, 2003 Page 9 Regular Meeting 4. Revisited Councilor Papd, seconded by Councilor Nathanson, moved to approve Council Bill 4852, Ordinance No. 20301, an ordinance effecting housekeeping amendments to Sections 2.007, 2.017, 2.965, 2.483, 4.083, 4.989, 6.340, 6.476, 6.610, 7.197, 8.305, and 8.950 of the Eugene Code, 1971; and Repealing Sections 2.016, 2.290, and 6.065 of the Code. Roll call vote; the motion passed unanimously, 7:0. 6. ACTION: An Ordinance Amending the Eugene-Springfield Metropolitan Area General Plan Diagram and the Willakenzie Area Plan Diagram and Text; Amending the Eugene Zoning Map and the Eugene Overlay Zone Map; Amending Sections 9.2741, 9.4280, and 9.9700 of the Eugene Code, 1971; Adopting a Severability Clause; and Providing an Effective Date (City Files: MA 03-1, RA 03-2, CA 03-2, and Z 03-3) Councilor Papd, seconded by Councilor Nathanson, moved that City Council adopt Council Bill 4850, an ordinance amending the Eugene-Springfield Metropolitan Area General Plan Diagram and the Willakenzie Area Plan Diagram and Text; Amending the Eugene Zoning Map and the Eugene Overlay Zone Map. Councilor Kelly noted the Agenda Item Summary (AIS) had asserted that of the total square footage of the ground floor space, at least 55-percent is within a building with at least two functional floors. He asked where this figure had come from and whether it had any legal standing. Teresa Bishow, Senior Planner for the Planning Department, responded that the number had come from the conceptual plan developed by Arlie & Company and was not written into law. She noted that with an FAR of .4, unless a parking structure was part of the development, most of the development would consist of two-story structures. Councilor Kelly asserted that examples of one-story structures with an FAR of .4 had been provided when the council was discussing the Land Use Code Update (LUCU). Ms. Bishow did not recall the examples. Councilor Kelly, seconded by Councilor Bettman, moved to amend sections 3 and 8 to add to the end of Policy 15 the following sentence: ~Whether or not a reduction in FAR is requested, at least 45 percent of the ground floor square footage of buildings within the commercially zoned por- tion of the Crescent Village boundaries shall be in buildings with at least two functional floors." Councilor Nathanson asked staff, to the extent it felt able, for comment on whether this was consistent with the intent of the Planning Commission and the Neighborhood Association. She questioned whether this concern was raised as a key element. MINUTES--Eugene City Council November 10, 2003 Page 10 Regular Meeting Planning and Development Director Tom Coyle noted the Planning Commission had held a discussion on nodal development earlier in the day. He related the Planning Commission feeling that nodal development should be more consensus-based and less performance based, through FAR or quantitative requirements. He related the commission's sentiment that for nodal development to work it would be based on a holistic assessment of a project rather than a series of zoning requirements. Councilor Bettman supported the amendment. She stressed that the ordinance upgraded the zoning from residential to commercial while there was nothing in the language that tied the vision set forth by Arlie and Company to the ordinance. She felt Councilor Kelly's provision would ensure that at least one minimum threshold of nodal development would be guaranteed. She asserted that the council was predicating a large change in zoning on the site based on a vision. Councilor Pap~ favored the principles discussed over the past several years regarding nodal development. He did not think there was one element of nodal development that could be used as a litmus test. He supported the development of Crescent Village in order to determine what a node "would do." He encouraged the council to leave the ordinance as flexible as possible. He opposed the amendment. Councilor Meisner reiterated that the planned unit development (PUD) the council was voting upon was not the node. He asked staff to speak to the consequences of the amendment before the council as it would be applied to a single PUD within a node. Ms. Bishow responded that the amendment would impose a certain building type not imposed in other commercial areas within the Crescent Avenue Node. Ms. Bishow thought it likely the developer would request a reduction in FAR, but thought that much of the development would ultimately be .4 to .6 FAR. She noted that a four-story building would count in the FAR formula but would not achieve the standard in the amendment as well as two two-story buildings would. Councilor Kelly asked what the neighborhood was looking at and hearing about when expressing support for it. Ms. Bishow responded that neighbors likely looked at the conceptual design drawings more than the ordinance before the council. Councilor Kelly asked how the amendment could hamper a development that was planned to be built to the standards set forth in the amendment. Ms. Bishow replied that it would not afford design flexibility that could be needed as the development occurs. Councilor Kelly reiterated that his goal was to have Arlie & Company realize the vision set forth in the architectural drawings. He asked if his amendment should have spoken to an absolute square footage. Mr. Coyle commented that there was nothing magic about precise numbers. He asserted that what was consistently confronting the Planning Department was that a negotiated number might or might not ultimately work when the node came under evaluation for the PUD. Councilor Kelly asked what in the ordinance had any characteristics of nodal development other than having commercial zoning near residential zoning. Ms. Bishow replied that the first key characteristic was the removal of a barrier to a mixed-use urban village. She asserted that having a significant percent of the Crescent Village area in one zone limited the range of uses that were allowed. She cited the requirement MINUTES--Eugene City Council November 10, 2003 Page 11 Regular Meeting that no building permit be issued until a master plan had been approved through the PUD process, calling it no small component to the ordinance. In response to another question from Councilor Kelly, Ms. Bishow stressed the purpose of a PUD was to encourage an integrated land use pattern with a mix of uses that support alternative modes. She said it was designed to provide some degree of flexibility in applying fairly clear and objective standards. Councilor Kelly opined that the ordinance without the amendment did not contribute in any significant way to the realization of the vision. Councilor Bettman commented that staff had responded that the removal of barriers to doing mixed use through the ordinance helped define it as nodal and that, for her, this was not an adequate reason. She reiterated that the ordinance only changed a small acreage from residential to commercial zoning, resulting in a significant financial benefit to the applicant. Councilor Kelly stated that the amendment was a necessary component for his support. He urged the council to support it as well. Councilor Meisner said he would not, after listening to the arguments, support the amendment. He expressed his belief that staff could help to carry out the vision without having to put precise standards into the ordinance. Mr. Taylor said he had been struck by the collaborativeness of the process. He asked if the amendment was setting a new standard outside of the collaborative process without the opportunity for public input. Councilor Nathanson voiced her opposition to the amendment. She agreed that the ordinance was essentially removing a barrier to mixed-use development. She felt that, without the ordinance, the City would see more ~plain vanilla development." She supported the main motion. Mayor Torrey commented that the money for the work done on nodal development had been money well- spent. He applauded the developer for the vision set before the council and the City, stating he would applaud it even more after it was built. He stressed that the neighbors of the proposed development supported it. Roll call vote; the motion to amend the ordinance failed, 4:3; councilors Taylor, Bettman, and Kelly voting in favor. Councilor Taylor did not view the ordinance as guaranteeing anything. She felt it merely rezoned residential land to commercial land. She commented that the development decreased residential land and increased commercial land in an area that already had a plethora of commercial land. Councilor Kelly reiterated that the ordinance before the council did not lay the groundwork for innovative development. He said that in ten years, should the development be built out so as to be consistent with the vision, he would stand in front of City Hall with a sign proclaiming he was wrong. Councilor Bettman reiterated her concerns regarding the ordinance. MINUTES--Eugene City Council November 10, 2003 Page 12 Regular Meeting Roll call vote; the motion to adopt Council Bill 4850 passed, 4:3; councilors Taylor, Bettman, and Kelly voting in opposition. 7. ACTION: Appointments to Police Commission Councilor Pap6, seconded by Councilor Nathanson to appoint George Bennett to Po- sition 1 on the Police Commission for a four-year term beginning on November 1, 2003, and ending October 31, 2007. Councilor Kelly noted that the applications submitted by the Mayor's nominees to the Police Commission were not included in the council agenda packet. Mayor Torrey replied that he had requested the applica- tions be included. Roll call vote; the motion to appoint George Bennett to the Police Commission passed unanimously, 7:0. Councilor Pap6, seconded by Councilor Nathanson, moved to reappoint Carla New- bre to Position 2 on the Police Commission for a four-year term beginning on No- vember 1, 2003, and ending October 31, 2007. Councilor Bettman expressed appreciation to the entire Police Commission for its work and specifically thanked the four commissioners who had sought reappointment. She felt the commission to be fortunate to have four commissioners who worked hard and always came to the table prepared. She also cited Jeanine Parisi, staff person to the Police Commission, for her excellent work, stating that she was accurate and responsive to the Police Commission's concerns. Councilor Pap6 echoed Councilor Bettman's comments regarding the Police Commission and its staff. Mayor Torrey remarked that all of the members who asked to be reappointed had been nominated, noting that he could not recall how many people had recommended to him that they be reappointed. He called his decision on the nominees difficult, as all 17 applicants were outstanding. He noted that the two he nominated were two of the final four and that he ultimately had based the decision on their geographic distribution in the community and their background. Roll call vote; the motion to reappoint Carla Newbre to the Police Commission passed unanimously, 7:0. Councilor Pap~, seconded by Councilor Nathanson, moved to reappoint Maurice Denner to Position 3 on the Police Commission for a four-year term beginning on November 1, 2003, and ending October 31, 2007. Roll call vote; the motion passed unanimously, 7:0. Councilor Pap~, seconded by Councilor Nathanson, moved to appoint Bryant Tracy Olsen to fill the unexpired Position 6 term on the Police Commission for a term be- MINUTES--Eugene City Council November 10, 2003 Page 13 Regular Meeting ginning November 1, 2002, and ending October 31, 2007. Roll call vote; the motion passed unanimously, 7:0. Councilor Pap6, seconded by Councilor Nathanson, moved to reappoint Angie Si- fuentez to Position 8 on the Police Commission for a four-year term beginning on November 1, 2003, and ending October 31, 2007. Roll call vote; the motion passed unanimously, 7:0. Councilor Pap6, seconded by Councilor Nathanson, moved to reappoint John Brown to Position 10 on the Police Commission for a term beginning on November 1, 2003, and ending October 31, 2007. Roll call vote; the motion passed unanimously, 7:0. The meeting adjourned at 9:15 p.m. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Ruth Atcherson) Ad: 12003 ICentral Services DepartmentlCity Councillcc0 3111 Om2. wpd MINUTES--Eugene City Council November 10, 2003 Page 14 Regular Meeting