HomeMy WebLinkAboutItem 2A: Approval of MinutesEUGENE CITY COUNCIL
AGENDA ITEM SUMMARY
Approval of City Council Minutes
Meeting Date: July 25, 2005 Agenda Item Number: 2A
Department: City Manager's Office Staff Contact: Lynda Rose
www. eugene-or, gov Contact Telephone Number: 682-5017
ISSUE STATEMENT
This is a routine item to approve City Council meeting minutes.
SUGGESTED MOTION
Move to approve the minutes of the June 22, 2005, Work Session, June 27, 2005, Work Session, and
June 27, 2005, City Council Meeting.
ATTACHMENTS
A. June 22, 2005, Work Session
B. June 27, 2005, Work Session
C. June 27, 2005, City Council Meeting
FOR MORE INFORMATION
Staff Contact: Lynda Rose
Telephone: 682-5017
Staff E-Mail: lynda.l.rose~ci.eugene.or.us
L:\CMO\2005 Council Agendas\M050725\S0507252A. doc
ATTACHMENT A
MINUTES
Eugene City Council
Work Session
McNutt Room--Eugene City Hall
June 22, 2005
Noon
COUNCILORS PRESENT: George Poling, Jennifer Solomon, Chris Pryor, Betty Taylor, Gary Pap6,
David Kelly, Bonny Bcttman
COUNCILORS ABSENT: Andrea Ortiz
Mayor Kitty Piercy called the meeting of the Eugene City Council to order. She noted that Ms. Ortiz was
in Puerto Rico attending a conference for Latino elected officials and would not be present.
A. WORK SESSION:
City Council Priority Issue - Restore Engine Crew to Valley River Fire Station
City Manager Taylor observed that one of thc council's most enduring goals was to have a safe commu-
nity where people felt secure and respected. Hc said that staff had been working on the eight priority
issues identified by the council and the work session would address two of those issues related to public
safety. He introduced Fire Chief Tom Tallon to discuss thc restoration of an engine crew at thc Valley
River Station.
Chief Tallon thanked thc council for making restaffing Engine 9 a priority. He referred to materials in the
agenda packet that outlined the priority issue, set forth a timeline and action plan, and identified strategic
outcomes and progress to date.
Chief Tallon said that the Fire and Emergency Medical Services (EMS) Department recruited annually for
a class of between eight and twelve to fill vacancies. A national recruitment conducted in conjunction with
Human Resource and Risk Services had screened 224 applicants and reduced the list to approximately 80
candidates who passed the required tests. He said that once those candidates complete an interview and
background check successfully they are placed on a list of eligible individuals from which the department
could hire. He said that ten people were recently hired to fill vacancies in the department and in early
January 2006, another group of recruits would be hired to staff Engine 9 on a permanent basis. At that
time an engine that was in reserve status would be moved to front line status and would be staffed
immediately. He said that the $1.1 million approved by the council would be tracked separately in the
department's budget and used exclusively to recruit, hire, train, equip and pay a crew for Engine 9.
Chief Tallon reviewed the planning horizon and action items and noted that the council had directed the
department to pursue federal funds under the Staffing for Adequate Fire and Emergency Response
Firefighters (SAFER) Act, reporting that a grant application would be submitted by June 24, 2005. He
thanked the City Council Intergovernmental Relations (CCIGR) for approving matching funds should the
MINUTES--Eugene City Council June 22, 2005 Page 1
Work Session
City be awarded a SAFER grant. He said that letters of support from elected officials at the local, state
and congressional levels were included in the application packet and the City would be notified in three
months whether its application was funded.
Mayor Piercy called for council questions and comments.
Mr. Pap6 clarified that the CCIGR did not approve the budget; it approved the grant application and
assumed from the budget deliberations that the Budget Committee was supportive. He thanked the chief
for a good plan that accomplishes the council's goal and asked why Fleet Board approval was an element
of procuring an additional engine. ChiefTallon said that all fire apparatus was in the Fleet Services
budget and the department needed to propose acquisitions and reserve status designation. He said that the
acquisition had been approved. City Manager Taylor added that all City vehicles were managed through
Fleet Services.
Mr. Pap6 referred to a drop in the Valley River Station's response reliability rate after redeployment of the
engine to Santa Clara and asked if there was a plan to increase that rate. Chief Tallon said the goal was to
restore the formerly high level of service and monthly measurements and reports would begin in January
2006. He expected the response rate to be restored the first month of operations.
Ms. Taylor asked why a national recruitment had been conducted for City employees. ChiefTallon
explained that was typical for firefighter and police officer recruitments. He said those employees were
highly sought after and there was not a sufficient pool of local eligible candidates for firefighter positions
because of the extensive education and credential requirements. He said the recruitment also addressed
the City's goal to improve hiring of minorities and females into those jobs and a larger applicant pool was
necessary to achieve that.
Ms. Taylor commented that there was a large number of unemployed people in the city and wondered if
the City was letting people know about training opportunities. Chief Tallon replied that the department
presented information at high schools, the University of Oregon, Lane Community College (LCC) and
other institutions on career days, made ride-alongs available and continually looked for ways to increase
those efforts to inform people about the significant schooling and preparation required of applicants. City
Manager Taylor said the City had been working with LCC to explore ways to encourage high school
students to consider fire service as a career.
Mayor Piercy related a conversation she had with Ed Coleman regarding City efforts to reach out to high
school students in the minority community to encourage careers in public safety.
Mr. Poling thanked the chief for the action plan. He reiterated that the fire equipment rotated from reserve
to front line status was in good condition and the Valley River Station was getting a high quality engine.
Chief Tallon thanked the council, the City management team and the community on behalf of the
department for having some of the best facilities, equipment and support for training. He noted that it was
preferable to acquire new engines gradually instead of buying many at once to avoid having to replace all
of them at the same time.
Mr. Kelly asked what was done differently in the recent recruitment to achieve diversity in hiring. Chief
Tallon replied that recruitment was done in partnership with Human Resources, which managed the
process. He said the department was committed to continuing and increasing its efforts to attract minority
MINUTES--Eugene City Council June 22, 2005 Page 2
Work Session
and female applicants. He said that one idea was a scholarship program for minority youth, although
limited funds were available.
Mr. Kelly asked how the group that was recently hired compared to previous recruits. Human Resource
Division Manager Helen Towle replied she did not have complete statistics but the first ten recruits were
similar to previous classes. She commented that the recent recruitment was primarily in the northwest
region with some national ads in publications targeted to paramedics. She described the extensive
outreach efforts, including work with LCC to diversify the pool of students in the require classes. She
said that the new affirmative action plan would emphasize those efforts.
City Manager Taylor said he believed it was necessary to start recruitment at the high school level and
support students through a community college cooperative program to encourage local applications.
Ms. Bettman thanked all those involved in restaffing Engine 9. She reinforced City Manager Taylor's
comments regarding recruiting at the high school level to take advantage of local training available
through LCC. She asked what percentage local residents represented in the applicant pool and on the hire
list. Chief Tallon said that he did not have those statistics but they were available through Human
Resource and Risk Services.
Ms. Bettman asked if those hired tended to move to Eugene or commute from their current homes if not
local. Chief Tallon replied that a mai ority of the ten new hires were local residents and the rest would
relocate to the community.
Mayor Piercy said that the issues was raised at a recent Eugene Area Chamber of Commerce event that the
council should tend to the business of fundamental services in the community and the current discussion
affirmed the importance of public safety to the council. She expressed the council's appreciation for the
challenges of public safety jobs and the stress and demands they placed on employees. Chief Tallon noted
that firefighters could take advantage of the City's Employee Assistance Program and there were other
services as well to help them deal with job-related stress.
B. WORK SESSION:
City Council Priority Issue - Complete and Consider Police Department Reviews and Imple-
ment Appropriate Changes
City Manager Taylor said the item was a continuation of discussions he and Police Chief Robert Lehner
had with the council over the last year as a result of the International City-County Management Associa-
tion (ICMA) and the Police Executive Research Forum (PERF) report and the City's preliminary action
plan response. He said that the issue before the council was a two-year action plan for implementing
activities. He asked Chief Lehner to review the action plan.
Chief Lehner reminded the council that the Eugene Police Department (EPD) was dealing with several
reviews simultaneously, one of which was the ICMA-PERF review that contained the majority of thc
recommendations. He said that the Police Commission planning process underway for the past year
would produce a report to thc Mayor and the council on July 25, 2005. He said the department's strategic
planning process would bring all of these initiatives together in a single plan. He said the plan would be
released in July 2005 and incorporate short-, mid- and long-term initiatives and he expected a majority of
MINUTES--Eugene City Council June 22, 2005 Page 3
Work Session
staff time and energy for the remainder of the year to be spent fleshing out the shorter terms items first,
then the mid- and long-term items later. He expected to have a well-developed and adopted strategic plan
going into the next budget year. He reviewed the organization of the strategic plan and noted that
proposed initiatives were categorized in one of three ways:
· Improve organizational capacity
· Improve organizational effectiveness
· Improve organizational accountability
Chief Lehner highlighted the following action items and provided updated information:
#2. Obtain Oregon Accreditation Association (OAA) accreditation - meeting scheduled on July 21,
2005, with the OAA board to obtain application materials. The OAA process is directly tied to
the national process and there was some controversy developing over those national standards
and process. The outcome of that controversy could have some affect on the OAA process and
timeframe.
#3 Complete and consider Police Commission recommendations. Develop and implement new
complaint handling process - some recommendations tied to Internal Affairs processes, which
was a department initiative; however, the subject of governance and civilian oversight was also
an ongoing initiative outside the direct scope of the strategic plan.
#8 Develop a neighborhood-based community policy strategy - continue to meet with neighbor-
hood groups and the Patrol Division was exploring the issue of potential districting and geo-
graphic assignment of commanders. Much work had already taken place and progress had been
made and district boundaries would be available for discussion by September 2005.
# 11 Develop a supplemental basic trainingprogram - effective January 1, 2007, the State would
change how basic training of police officers was certified and could profoundly affect how the
City trained its officers. The new process would be challenging to implement but could provide
benefits as well.
Mayor Piercy solicited council questions and comments.
Mr. Kelly said that the success of the plan would ultimately be judged by how the department was
perceived by the council, police staff and the broader community two or three years in the future. He
commented that the City's preliminary action plan response looked good and was pleased that many
changes were already being implemented and neighborhood-based community policing was being
pursued. He asked how the staffing workload analysis would fit with the strategic plan and the policing
model embraced by the community. Chief Lehner responded that the strategic plan was attempting to
prioritize the types of responses or calls the department had and tie that fairly directly to the budget and
the resources required to handle any particular type of call. He gave the decision about whether to
respond to non-verified burglary alarms as an example and said that decision would be based on a
determination of whether there was a cost/benefit. He said the process would expose many of the types of
calls received would be subjected to that same level of analysis. He said a criticism of the Hobson Report
was its assumption of a level of service that had not been verified by the community. City Manager Kelly
MINUTES--Eugene City Council June 22, 2005 Page 4
Work Session
added that the capacity for problem-solving policing where the officer made decisions and collaborated
had to be considered in level of service assumptions that drove staffing needs.
Mr. Pryor observed that reports had been focused on systems, procedures, policies and plans as appropri-
ate. He asked how the work would impact the organizational culture that currently existed within the
department and how well would it be integrated. Chief Lehner acknowledged that systems problems
played a role in the current situation and organizational recognition of the interplay of various systems had
improved during the process. He said that the department recognized that solutions could not be done in
isolation and had ties to the entire system; solutions should be prioritized and implemented in a planned
way. He said the department was not a system unto itself but rather a system unto the entire community
and one of the eventual goals in the strategic plan would be a recognition that the system was also part of
a bigger system. He did not sense great resistance within the department to change or developing the
process.
City Manager Taylor said there was a framework for action that resulted from the ICMA-PERF report and
specific recommendations would be forthcoming from the Police Commission. He said there was
leadership commitment from both himself and Chief Lehner that this was a priority and resources were
available to implement recommendations. He said that leadership, expectations and outcomes had a
fundamental effect on the organization.
Ms. Bettman related the efforts of the Police Commission to complete its work. She appreciated the
department's ambitious short-term plan for the next two years that emphasized a number of key compo-
nents of the ICMA-PERF recommendations. She shared Mr. Kelly's concern regarding the staffing
analysis to update the Hobson study and wanted to see a comprehensive review of the department,
including administrative and support services, with respect to priorities and interplay among functions.
Ms. Taylor asked to what extent neighborhood organizations would be involved in community policing.
Chief Lehner said the department's draft recommendation to adopt a community policing program was
based in part on his early meetings with neighborhood associations, which repeatedly emphasized the
level of involvement they wanted in community policing and the department. He said the strategic plan
had selected a community policing model that made the neighborhoods primary partners in the delivery of
policing services in the community. He gave several examples of neighborhood concerns and said that
neighborhood leaders had been asked to participate with command staff to develop strategies for
deploying resources, which was a typical approach to community policing. He expected that the vast
majority of proactive work done by police patrol officers would be done in full consultation and
partnership with the neighborhoods in which they worked.
Ms. Taylor remarked that neighborhood associations and neighborhoods were not necessarily the same
and suggested it might be necessary to split neighborhood associations into smaller groups for consulta-
tion. City Manager Taylor said that issue would arise during discussions'of neighborhood initiatives and
neighborhood capacity. He said the entire city was covered by certified neighborhood associations and
the community policing model might require some "tweaking" of geographic assignments. He said the
City's new portal for internet access envisioned a neighborhood page that would portray law enforcement
activities specific to neighborhoods.
Referring to the culture of the police organization, Ms. Taylor related comments she had heard that the
culture was affected by the fact that many police officers did not live in Eugene. She asked if that was a
MINUTES--Eugene City Council June 22, 2005 Page 5
Work Session
problem and if the department had considered recruiting from Eugene or requiring officers who were hired
to move to Eugene. Chief Lehner said that had not been considered in the course of developing the plan.
He said he had not seen a problem he considered to be associated with residency of officers. He said that
residency issues in general were very problematic for police departments - economically and demographi-
cally - and raised very significant issues for public employers. He did not believe there would be an
adequate applicant pool if hiring was restricted to the City.
Ms. Taylor suggested it might make a difference in organizational culture and officers' involvement in the
community if they were required to live in Eugene, particularly with community policing. Chief Lehner
replied that could be true in concept but based on his experience most police officers, in Eugene and other
communities, did not live in the areas in which they patrolled.
Ms. Taylor asked if the department did not pay enough for officers to move to Eugene. Ms. Towle replied
that many police recruits, particularly experienced officers, moved because of the large surrounding area
and many department employees lived outside of the cities. She noted that residency requirements were
fairly unique and would likely have to be bargained. She speculated that a residency requirement could be
a deterrent to recruitment efforts.
Ms. Taylor related that she had recently attended a kindergarten graduation where many of the youngsters
expressed a desire to be a police officer. Chief Lehner commented that a comprehensive recruitment
philosophy also included recruiting parents to encourage their children to consider law enforcement
careers.
Mr. Pap6 concurred with previous comments regarding the Hobson Report and encouraged a new strategic
examination of the department. He noted that the plan did not address the conflict between the Police
Department and Human Resource and Risk Services in terms of recruitment, hiring and discipline that was
raised in the ICMA-PERF report. Chief Lerner replied that in the areas of recruitment and hiring Human
Resource was an active partner. He said some of the conflict may have occurred because procedures were
not as formalized as they could have been and that would be addressed during accreditation as formalized,
maintained and updated procedures were required. He felt the problem identified in the report was a
system issue that would be resolved when procedures were formalized; that was also true with respect to
discipline procedures.
Mr. Pap6 asked who should make hiring decisions with regard to police personnel. Chief Lehner replied
that technically the city manager made that decision and the manager had delegated that decision to the
police chief. He said he would not delegate that decision to anyone as he was ultimately accountable to
the community for hiring decisions. City Manager Taylor said the Police Department was an organization
that was part of the City system and human resource professionals were engaged to provide assistance in
recruitment and selection, validating procedures, ensuring that collective bargaining and discipline were
within State law and labor contracts. He pointed out that while there was shared responsibility, the
ultimate responsibility rested with the city manager. Human Resource and Risk Services Executive
Director Lauren Chouinard added that a certain amount of tension between Human Resource and the rest
of the organization was inherent in the relationship because the human resource function was focused on
making sure the organization followed all policies and procedures. He agreed with Chief Lehner that part
of the problem was a systems issue, but it also reflected the normal dynamic tension between line
operations and central service functions that were more regulatory in nature.
MINUTES--Eugene City Council June 22, 2005 Page 6
Work Session
In response to a question from Mr. Pap6, Chief Lehner pointed out that action item #9 addressed a
partnership with Human Resource to develop a new hiring and screening process, as did #13 to expand
and enhance the background investigation program. City Manager Taylor added that the action plan also
required that all processes and functions be formalized.
Mr. Pap6 remarked that reports indicated the community did not trust the Internal Affairs process and it
was possible the same distrust existed within the organization. Chief Lehner said a new structure for the
Office of Professional Standards that would include new and additional supervisory and investigative staff
was being examined. He said the ultimate nature of structural changes was dependent on the outcome of
the Police Commission's work and recommendations.
Mayor Piercy called for a second round of questions and comments.
Mr. Kelly requested a formal response from the Police Chief and City Manager on programs to encourage
police officer residency in the community and improve neighborhoods through a housing subsidy for
officers who choose to live in the City. City Manager Taylor replied that there was a program through the
United States Department of Housing and Urban Development that provided housing incentives for police
officers and teachers.
Mr. Kelly expressed an interest in finding funding for such a program during the next fiscal year. He said
an issue that continued to weave through the community was that of profiling and targeting of minorities,
the homeless and youth. He asked how the department would approach that challenge. Chief Lehner
replied that some of the work the Police Commission was doing related directly to that issue through
monitoring and oversight. He said that the subject of law enforcement profiling activities would continue
to be the subject of national discussion and debate for a long time. He said that an initiative to improve
the department's cultural competence was a mid- to long-term action item.
Ms. Bettman agreed with Mr. Kelly's remarks regarding a housing incentive program. She said that other
communities had developed programs to subsidize housing for officers to encourage them to live in
neighborhoods, particularly troubled neighborhoods. She noted that the resources allocated by the Budget
Committee, both bridge and ongoing funding, were specifically targeted to certain areas and asked for
clarification that the group reviewing allocation of resources would adhere to that direction. Chief Lehner
acknowledged that the special project funds were limited to three affected neighborhoods and would not
be allocated elsewhere in the community.
Ms. Bettman asked if there had been a change in the hiring decision-making authority as a consequence of
the ICMA-PERF recommendations. Chief Lehner replied that it was a systems issue and while the formal
written policy that placed the responsibility with the City Manager had not changed, in terms of practice
there had been a change.
Mr. Pap6 commented that there might be a perception inside the department that in the past investigations
and discipline were handled somewhat differently for line personnel than for management in the
organization. He said that things needed to be fairly investigated across the board and discipline
consistently administered. He said there was a "chicken and egg" problem where the department was
given resources and responded with what could be done with those resources. He hoped that the analysis
that would be done could provide a range of options and costs for the budgetary process.
MINUTES--Eugene City Council June 22, 2005 Page 7
Work Session
Ms. Bettman said that many people were dissatisfied with the Hobson Report and felt that what was
needed was a comprehensive performance audit of the Police Department, comparing where resources
were with where they should be. She asked if definitive action by the council was required for the
department to bring back a proposal for a comprehensive examination of staffing, service and performance
to be included in the budget. City Manager Taylor said the first approach was to look at support and
Communication Center staff as well as investigation and other capacities. He said that would provide a
range of options for the strategic plan that could result in recommendations for fiscal years 2006 and
2007. He said it was not necessarily envisioned that the strategic plan would recommend a comprehensive
performance audit on that level in the next two years, but was something worthy of consideration and
could be brought to the council for prioritization. Chief Lehner stated that information from the proposed
staffing study could help frame that question.
Ms. Bettman said she preferred a comprehensive audit instead of spending $40,000 on the staffing study.
Mayor Piercy called for a third round of questions and comments.
Mr. Kelly requested a memorandum explaining the scope of the proposed staffing study.
Mayor Piercy thanked everyone for a thoughtful discussion and adjourned the meeting at 1:30 p.m.
Respectfully submitted,
Dennis M. Taylor
City Manager
(Recorded by Lynn Taylor)
MINUTES--Eugene City Council June 22, 2005 Page 8
Work Session
ATTACHMENT B
MINUTES
Eugene City Council
Work Session
McNutt Room--Eugene City Hall
June 27, 2005
5:30 p.m.
COUNCILORS PRESENT: George Poling, Jennifer Solomon, Betty Taylor, David Kelly, Gary Pap6,
Bonny Bettman, Chris Pryor.
COUNCILORS ABSENT: Andrea Ortiz.
Mayor Kitty Piercy called the meeting of the Eugene City Council to order. She noted that Ms. Ortiz was
not able to attend the meeting as she was out of town.
A. ITEMS FROM MAYOR, COUNCIL, AND CITY MANAGER
Mayor Piercy discussed her recent attendance at the United States Conference of Mayors in Chicago,
Illinois, saying it was an opportunity to learn more about "best practices" with regard to such issues as
revitalization of downtown, green buildings, and public safety.
Mayor Piercy acknowledged the City of Eugene's receipt of a "Nature Friendly" award because of its
work on wetlands, wastewater and storm water management, and integrated pesticide management.
Mayor Piercy announced that the Mayor's Sustainability Business Initiative Task Force would meet the
next day in the McNutt Room at noon.
Mayor Piercy reported that the cities of Lane County were meeting with representatives of the Board of
County Commissioners on June 30 to discuss public safety funding. She and Mr. Kelly would represent
the council at that discussion.
Mayor Piercy said she attended the Brunet Loeb Forum on land use policy at Willamette University and
heard an interesting discussion. Most interesting to her were the mention of how half of Oregonians were
not involved in the discussion on land use that occurred in the 1970s and the acknowledgement of the
need to reengage citizens about the topic again.
Ms. Solomon reported she represented Mayor Piercy on Flag Day and presented a proclamation to the
Veterans of Foreign Wars Post 293 at its celebration at the Valley River Inn. She said the event was
lovely and it was a privilege to be with the veterans.
Ms. Solomon reported that she also stood in for the Mayor for a welcome speech to the delegates of a
recent Toastmasters Convention held in Eugene, and noted her own past involvement in the organization.
MINUTES--Eugene City Council June 27, 2005 Page 1
Work Session
Ms. Solomon noted a movement to spur the improvement of Eugene relations with Lane County and
looked forward to seeing how that worked out. She said it would be useful to know what was going on
with the County agenda, and asked that Board of County Commissioners agendas be included in her
meeting packets.
Mr. Pryor said he attended the recent State of Caring presentation regarding the community trend survey,
and the economic indicators for a variety of areas were presented; some were positive, and some had gone
down. He emphasized that there was much remaining to be done in the area of human.services. He
encouraged those listening to visit the United Way web site to view the data.
Mr. Pryor said he recently played miniature golf with Mayor Piercy and Mayor Sid Leiken and, in fact had
been playing with Mrs. Leiken in a foursome against the mayors. He announced that the final score was a
tie.
Ms. Bettman had no items.
Mr. Papb said he attended a meeting of River Avenue residents, and thanked City Manager Dennis Taylor
for the effort of the Public Works Department in attempting to determine what residents and business
owners wanted in the area. There apparently had been a misunderstanding about who paid for bicycle
paths, and he wanted to ensure that residents understood those costs were not included in the assessment.
Mr. Papfi also commended Assistant City Manager Jim Carlson for hiring consultant David Reed and
Associates to work with the River Road/Santa Clara transition team, and noted that James Rapp of the
consultant team had authored a white paper outlining the various options for service delivery in that area.
He encouraged councilors to read the white paper.
Mr. Pap6 said at a recent meeting of the Board of Directors of the Lane Council of Governments, the
board heard a presentation from Bob Warren of the Oregon Economic and Community Development
Department (OECDD). He suggested the council schedule a similar presentation and take advantage of
Mr. Warren's expertise and awareness of different funding sources.
Mr. Papfi suggested the council hold a work session on the outcome of the parks and open space bond
measure.
Mr. Kelly mentioned the Human Rights Commission's recent well-attended and reasonably well-reported-
on public forum on the proposed code amendments related to gender identity. The commission would
soon discuss what, if anything, it would forward to the council.
Mr. Kelly reported that the Region 2050 effort received some funding to do regional computer modeling
of the transportation system, which would be important to the ultimate decisions and recommendations of
the Region 2050 steering committee. A preliminary examination of the system was made, and that
examination indicated that regardless of the scenario chosen, if the population grew by the same amount,
"it was very difficult to imagine" that the community would be able to secure funding for road capacity
improvements to keep traffic at the current level of congestion. He speculated that an overarching
discussion of "adjusting expectations" and thinking of other ways to rely less on auto transportation would
be needed. He said that staff indicated there would be improvements to roadways in the form of such
MINUTES--Eugene City Council June 27, 2005 Page 2
Work Session
things as added lanes, but it would be unreasonable to expect any new major arterial roads would be
constructed in Eugene-Springfield in the next 40 years.
Mr. Kelly noted the Region 2050 fliers distributed to the public, and said the first community meeting in
Veneta drew many interested people. Eugene's meeting would be held on September 22, 2005.
Mr. Kelly agreed with Ms. Solomon about the utility of receiving notice of Board of County Commission-
ers items related to City business, and said while he did not need board packets, it would be useful to get a
"heads up."
Ms. Taylor asserted that Lane County and the City of Eugene were communicating, contrary to an article
in a recent article of The Register-Guard. She thought that was good.
Ms. Taylor regretted her failure to return any constituent calls because a recent power failure eliminated
her unanswered telephone messages. She asked that people try again.
Ms. Taylor noted her attendance at the recent dedication of Milton Park and commended staff for its work
in arranging the dedication, which went well. She said that residents in attendance were happy to be there
after their long wait for a park.
Ms. Taylor asked about Eugene Police Department follow-up to citizen tips about criminal activity.
Mr. Poling said the Metropolitan Wastewater Management Commission (MWMC) annual report was
being released this week and it should be in the next council packet. He noted a question posed by Mr.
Pap6 regarding the additional money going to the MWMC, and indicated that was money budgeted
dependent on anticipated fee increases; it was not new money.
Mr. Poling noted his inability to attend the board meeting of the Convention and Visitors Association of
Lane County due to a conflict with both the MWMC and Lane Workforce Partnership board meeting.
Mr. Poling said he and Mr. Pryor attended the June 23 dedication of Springfield's Martin Luther King, Jr.,
Parkway, which had been well-attended. The dedication included addresses by local officials and an
inspiring recitation of King's 1965 Nobel Prize acceptance speech.
Mr. Poling said he and his wife attended Safety Day at Alton Baker Park on June 25. He thanked the
Parks and Open Space Division, Eugene Fire Department, Eugene Police Department, Springfield Fire and
Life Safety, the Lane County Sheriff's Office and other involved agencies for putting on the event, which
was well-attended and grew every year. Flotation devices were given to children.
Mr. Poling noted his attendance at the 50th anniversary event at McKenzie-Willamette Hospital, also on
June 25.
Mr. Poling said that earlier that day, Mayor Piercy had participated in a press conference regarding the
proposed Slocum Orthopedic Building, which would be operated by Orthopedic Health Care Northwest
and would replace the Goodwill store currently located at Coburg Road and Martin Luther King, Jr.
Boulevard. The proposed four-story building was intended to be a green building.
MINUTES--Eugene City Council June 27, 2005 Page 3
Work Session
Mr. Poling reported that construction activities on I-105 were generally completed. He thanked the
Oregon Department of Transportation (ODOT), City staff, and all the motorists who put up with
congestion during construction. He said that delays during construction at peak hours were generally
minimal. While the main closures were over, Mr. Poling wished to remind citizens that the speed limit
remained at 40 miles per hour while construction activities continued at the side of the road.
City Manager Taylor discussed a recent visit from friends who he had taken around the community. He
had been struck by the number of visitors in Eugene and how many visitors were in town for the Bach and
Black Sheep festivals.
B. WORK SESSION: Progressive Corridor Enhancement
The council was joined by Lisa Gardner of the Public Works Department, who introduced Mike Eyster of
the Lane Transit District (LTD) Board of Directors, LTD General Manager Ken Hamm, LTD Develop-
ment Services Director Stefano Viggiano, and LTD EmX Project Engineer Graham Carey. Ms. Gardner
recalled the council's joint work session with the Lane Transit District board the previous year to discuss
the planning for the Franklin EmX corridor, future corridors, and general service issues. She said that Mr.
Eyster was present to provide the council with details about progressive corridor enhancement, a strategy
that LTD developed to sustain project momentum and that would lead to eventual Bus Rapid Transit
(BRT) implementation.
Mr. Eyster reported that LTD was on schedule with the initial phases of the BRT system. He noted the
reauthorization of funding for the second phase of the Pioneer Parkway corridor was included in the
current federal transportation funding bill and LTD hoped to have that corridor operational in 2010.
Planning for the third EmX corridor was on hold because of the long-term decision making process for
funding. He anticipated that LTD would begin planning for that corridor in cooperation with the City
when more was known about the funding. In the meantime, Mr. Eyster said LTD was working on its
Progressive Corridor Enhancement (PCE) Project in order to ameliorate congestion problems and make
public transportation more attractive to the community.
Mr. Eyster called the council's attention to Attachment A in the meeting packet, entitled Progressive
Corridor Enhancement: Improving Transit on Key Corridors, which identified four levels of EmX
corridor improvements, with Level 4 being full implementation of BRT. The other levels included items
that could be accomplished rapidly but were short of full implementation of BRT. He said that on June
15, the board authorized staff to proceed with the first enhancement project, the River Road-Lane
Community College (LCC) corridor. He anticipated completion of the PCE project by fall 2006. Other
future corridors would be based on staff recommendations and would occur in one-year increments
following completion of the first enhancement corridor. Mr. Eyster projected a cost of $3 million for the
three future corridors, noting that funding had been requested in the current federal transportation bill. A
20-percent match was required, which LTD had budgeted.
Mayor Piercy called for questions and comments.
Mr. Kelly expressed appreciation for the work of LTD.
MINUTES--Eugene City Council June 27, 2005 Page 4
Work Session
Mr. Kelly said he lived near the Franklin corridor on East 11th Avenue and did not mind the construction
at all as he found the project exciting. He said the contractor, Wildish Construction, was very good about
signing the ever-changing detours.
Mr. Kelly expressed dismay about the delays in the construction of the BRT system. He said the
community needed to get serious about securing resources to make improvements to the transit system
given rising gas prices. He called for political courage on the part of the elected officials.
Mr. Kelly believed the transportation model being used by the Lane Council of Governments (LCOG)
assumed the complete build-out of the BRT system in 2025, and suggested LTD communicate to LCOG
that the modeling needed to reflect likely reality.
Mr. Viggiano said the schedule slips were tied directly to the reauthorization of the federal transportation
bill. Until that bill was passed and the rules developed for the new "Small Starts" program, which is how
LTD has programmed funding for the Pioneer Parkway project, LTD staff was forced to guess what would
occur, which placed progress on hold. As soon as the bill was passed and "Small Starts" was defined, he
thought progress would be quick.
In response to Mr. Kelly's comment about the transportation model, Mr. Viggiano did not think the LCOG
model assumed full build-out of BRT by 2025 but he would double-check. Ms. Gardner said that model
had been adjusted to reflect the PCE project up to Level 2.
Mayor Piercy said she was asked that morning about the loss of parking related to the construction of the
Franklin BRT corridor, and asked for comment from LTD. Mr. Eyster acknowledged some parking would
be lost because of a lack of space. Mr. Viggiano said LTD worked with all affected property owners and
communicated with them throughout planning and construction. LTD had attempted to address concerns
where it could. In the case of the business in question, the lane around the business was designed to allow
for parking of delivery trucks.
Ms. Bettman determined from Mr. Viggiano the total cost of the BRT project to date was about $23
million.
Ms. Bettman recalled that she had not supported the selection of the Coburg corridor because BRT was
intended to be a commuter route and was intended to mimic light rail in bringing people to their jobs from
their homes rather than be a city service for getting people around the community. She had preferred a
route out West 11th Avenue or Highway 99 as she thought those areas would most benefit from the public
investment in the infrastructure. There was already considerable private investment in the Coburg
corridor. She looked forward to reevaluating that issue.
Responding to a question from Ms. Bettman about the first PCE corridor, Mr. Carey said that LTD staff
was seeking a cross-city route, which had a number of benefits for both LTD and the City, particularly
around the Eugene Station, which would face capacity problems in the future. Staff had attempted to
match two well-established routes with similar frequencies together, and the LCC route had come out as a
strong contender. Two other routes were considered for linkage, River Road and Highway 99. River
Road had seemed to be the more compatible of the two routes.
MINUTES--Eugene City Council June 27, 2005 Page 5
Work Session
Ms. Bettman expressed interest in knowing more about the other two PCE corridors. She noted that LTD
was considering the PCE features for future corridors, so it almost sounded at though the PCE corridor
was a precursor to a BRT corridor.
Ms. Bettman spoke to proposed service changes, saying that it appeared stops would be further apart,
which she acknowledged was characteristic of BRT systems. She asked how many stops would be
removed from the existing route, and if the bus stops would be one-quarter mile apart. Mr. Carey
responded that the southern part of the route, the LCC portion, had well-spaced stops at this time, about
four per mile. On River Road, stops were currently about 1,000 feet apart. The River Road corridor had
many pull-outs but probably only one stop would be eliminated from that route.
Ms. Bettman found it interesting that the less expensive implementation reflected in the PCE project
approach seemed to achieve many of the same objectives the council sought in BRT.
Mr. Pap6 asked how LTD would measure the success of the PCE project. Mr. Viggiano said it should
improve ridership by reducing travel time, and both ridership and travel time could be measured by LTD's
automated systems to determine if that occurred. Responding to a follow-up question from Mr. Pap6, Mr.
Hamm confirmed it was LTD's plan to measure the success of the project using those systems. LTD
would establish a benchmark for each route and for individual route segments, and could measure
progress against those benchmarks.
Mr. Hamm added that the intent of the PCE project was not necessarily to dictate where future BRT routes
would be, but rather to float the "fixed-route boat higher." LTD had been experiencing a reduction in its
ability to provide reliable service due to increased congestion, additional property egresses and ingresses,
the growth in the number of signals, etc. Signal priority could save four or five minutes in a corridor and
help LTD avoid the deployment of further resources to maintain the same level of services while allowing
LTD to offer its patrons a reduced travel time.
Mr. Pap6 asked about the vehicle to be used on BRT routes. Mr. Hamm responded that the representative
of a manufacturer that produced a vehicle similar to the one LTD had contracted for had recently visited
Eugene. He shared pictures of that manufacturer's vehicle. He reported LTD contracted with New Flyer
of Canada and Minneapolis.
Mayor Piercy solicited a second round of comments and questions.
Mr. Kelly expressed concern about LTD's service frequency. He said that 10-minute headways appeared
to make a significant difference in people's use of transit. He maintained that LTD was "backsliding" on
service frequencies on existing major corridors. For example, the 11 Thurston bus route was running at
15-minute intervals, as was the Breeze shuttle. He asked what could be done to improve service
frequencies.
Mr. Kelly noted the River Road/LCC route is supposed to run on 15-minute frequencies rather than 10-
minute frequencies, which "gave him heartache" and did not represent an improvement over the current
LCC service, which ran at a mix of 15- and 1 O-minute intervals. Mr. Eyster responded that many factors
erode bus running times. Without the PCE project, LTD would be losing ground in that regard. He
thought the PCE project was the only way to address that issue without adding more buses and drivers,
which LTD was not currently in the position to do. The PCE project was a way of slowing service
MINUTES--Eugene City Council June 27, 2005 Page 6
Work Session
erosion. Mr. Hamm added that the PCE project was an attempt for LTD to achieve, with fewer resources,
a stable level of service. Eventually, as the economy improved, he anticipated LTD would "invest to
grow" the frequency of service in major corridors.
Mr. Kelly said he felt his question "was only barely answered." If LTD stated in a memorandum that
improved service frequency was a goal, it should be demonstrable. He did not see 15-minute headways on
the LCC corridor as an improvement. He said he "would like that followed up."
With regard to LTD's inability to add buses and staff, Mr. Kelly suggested that the City Council needed to
have a revenue discussion about ways to address the district's lack of resources.
Ms. Bettman determined from Mr. Viggiano that the $3 million PCE project included signal prioritization,
passenger facilities, and queue-jumpers. Mr. Viggiano added that plans would likely include a new
turnaround on the north end of River Road, which may require land acquisition.
Ms. Bettman expressed concern about the fact that LTD indicated the PCE project was not a precursor to
BRT but the two projects had some of the same elements and it was possible the PCE could carry over to a
BRT route. She thought that was a good idea, but "had heartburn" about the situation as it was her
perception that the decisions were made by LTD staff without any policy direction from the Eugene City
Council. She said if the City was investing in the corridors, the council may want to look into the cost of
that.
Ms. Bettman asked if LTD had done a cost-benefit analysis of the PCE project as opposed to BRT in
regard to ridership and cost. She suggested the PCE approach may be a more cost-efficient way and the
money proposed for BRT could be used to enhance frequencies.
Mr. Viggiano called the council's attention to the EmX system map mounted on the meeting room wall,
which included all projected routes. The River Road-LCC routes were projected to be future EmX lines.
The investment LTD was making on River Road and the LCC route was an investment in a future EmX
line. That did not dictate the timing of the third, fourth, or fifth route. Before that decision was made,
LTD would return to the council.
Ms. Bettman objected to the title of the PCE project as she did not think reducing the number of bus stops
and increasing headways represented enhanced service.
Mayor Piercy thanked Mr. Eyster and LTD staff for their presentation. She noted the interest expressed
by "the roundtable" in a route along West 11th Avenue.
C. WORK SESSION: Process for Review and Update of Goal 5 Inventory in the South Hills
The council was joined by Acting Planning and Development Director Susan Muir, Senior Planner Neil
Bj6rklund, and City Attorney Jerome Lidz. City Manager Taylor commended Planning Division staff for
its response to the council's earlier questions.
MINUTES--Eugene City Council June 27, 2005 Page 7
Work Session
Ms. Muir said the work session was a follow-up of the council's June 8 action regarding State Goal 5.
Since then, staff had researched the issue and proposed several options for the council's review. She
noted the options before the council:
1. Implement the June 8, 2005, City Council motion as approved.
2. Direct the City Manager to review and update the Goal 5 wildlife habitat inventory for the south
hills, after completion of the current Goal 5 work program, using the safe harbor inventory meth-
odology in Oregon Administrative Rule 660-023-0110 in light of new information concerning the
presence of the sensitive species Pileated Woodpecker in substantial areas of the south hills.
3. Direct the City Manager to add to the Goal 5 inventory, after completion of the current work
program, the remainder of the wildlife habitat areas in the south hills that were proposed to be
included in the inventory by the Planning Commission in 2003.
4. Amend the June 8, 2005, motion to add the Goal 5 inventory, after completion of the current Goal
5 program, the remainder of the wildlife habitat areas that were proposed to be included in the
inventory by the Planning Commission in 2003, within the Eugene urban growth boundary.
Ms. Muir noted the City Manager's recommendation for Option 3, because it would allow timely
completion of the State-mandated periodic review, allow the City to take a holistic look at natural resource
protection throughout the city, and allow the council to place a high priority on what Ms. Muir termed the
next phase of Goal 5 in the work program to ensure it was completed.
Ms. Muir noted the alternative motion prepared at the request of Mr. Kelly and indicated that staff
believed it would accomplish what was outlined by staff. She called the council's attention to the
technical memorandum prepared by Mr. Bj6rklund, attached to the Agenda Item Summary.
Ms. Muir introduced Margarete Nabata of the Oregon Department of Land Conservation and Develop-
ment (DLCD), who was present to hear the discussion.
Mr. Poling, seconded by Ms. Solomon, moved to direct the City Manager to complete the
current Goal 5 periodic review work task per the tentative schedule outlined in the
Agenda Item Summary; in the work program to be discussed at the council's joint meeting
with the Planning Commission on July 27, include as a high-priority item the amending of
the Goal 5 inventory to apply the standard inventory process to those wildlife habitat in-
ventory areas in the south hills to which the Safe Harbor inventory provisions were ap-
plied in 2003; also include as a high-priority item the completion of the Goal 5 ESEE
(Economic Social Environmental Energy analysis) processes for those areas; determine if
outside resources are needed as part of this work and determine or recommend a funding
mechanism to complete the work in a timely manner.
Responding to a question from Mayor Piercy about whether the council could move from the Safe Harbor
to the standard approach for a particular habitat type, Mr. Bj6rklund said the question had been raised in
the past. When the council adopted the existing inventory in 2003, it had applied the Safe Harbor
provisions to some upland wildlife habitat sites, and the standard inventory provisions to the remainder.
That occurred with the agreement and cooperation of LCDC staff. The inventory was acknowledged as
being consistent with the rules. Mr. Bj6rklund said the City Manager's recommendation was consistent
with the Oregon Administrative Rules (OARs).
MINUTES--Eugene City Council June 27, 2005 Page 8
Work Session
Mayor Piercy called for comments and questions from the council.
Mr. Poling asked if the DLCD had been advised of the action taken by the council on June 8, which had
the potential to create an additional delay in the completion of periodic review, and what position the
agency had on the issue. Ms. Nabata responded that the DLCD did not have a position. The agency
wanted to assist the City. She said that DLCD had received no request for postponement from Eugene,
but the agency was aware of the options being proposed and believed the recommended option fit the
parameters of the Senate Bill 543, which eliminated the Land Conservation and Development Commis-
sion's ability to give any jurisdiction more than one extension for an existing periodic review process.
She believed the plan amendment process was fully open to the council. Ms. Nabeta suggested that the
council might want to invite representatives of the City of Corvallis to a meeting to discuss its Natural
Features Program, which involved several different tools, including Goal 5.
Ms. Nabeta indicated that both Option 3 and the motion before the council allowed the City to meet the
timeline outlined in the Agenda Item Summary.
Mr. Poling said that the periodic review process had cost the taxpayers about $520,000 to this point. He
hoped the proposed process was not similarly expensive, and called for completion of the current effort
before embarking on an inventory of the south hills.
Speaking to the issue of process, Mr. Poling said that the June 8 motion was brought to the table during a
discussion of another topic, that of whether to purchase a particular property. He termed it a "middle of
the night" motion that he had not seen until just before the meeting. The vote occurred after a brief, 10-
minute discussion. Mr. Poling was not happy with the process used to reach the point at which the council
found itself.
Mr. Poling believed all councilors shared the same goal of protecting natural habitat. He was willing to
support Option 3 as the best way to proceed from this point, and urged that costs be kept down to the
degree possible.
Mr. Kelly thanked the Planning Division staff for its high quality work in a short time, and thanked Mr.
Poling for placing the alternative motion on the floor.
Mr. Kelly indicated his own dislike of the process that occurred and said for that reason he believed
today's work session had been necessary for a more deliberative approach. He said the option recom-
mended by staff appeared to work well for all concerned by concluding the process underway in a timely
manner without the need to return to the DLCD and by addressing the issue of upland habitat protection in
the south hills as desired by a number of people in the community. Mr. Kelly suggested the outcome for
different parcels would be very different so people should not prejudge the process.
Mr. Kelly said the informal roundtable, which included a diverse group of attendees, including the mayor,
had indicated to the council its support of a commercial and industrial lands inventory and an upland
wildlife habitat inventory that went beyond what was contemplated by the City at the time. He said the
commercial and industrial lands survey was underway and the motion spoke to the other part of the
roundtable's "request to the community."
MINUTES--Eugene City Council June 27, 2005 Page 9
Work Session
Mr. Pap6 agreed with the remarks of Mr. Poling with regard to the process used to bring the June 8 motion
to the council, saying he did not see how a work session on a property acquisition issue had "morphed"
into a major change in the Goal 5 inventory process. After the good work staff had done, he felt
"blindsided" by the motion. He commended Planning Division staff for its detailed response to the issues
raised on June 8.
Mr. Pap6 asked about the cost of implementing Option 3. City Manager Taylor indicated staff would
return to the council with an estimate of those costs.
Mr. Pap6 said he would have preferred that a majority of councilors requested a work session on the issue
raised on June 8 so a more orderly process could have occurred.
Mr. Pap6 said he had been lobbied more during the council's discussion of whether to adopt the Safe
Harbor or standard approach for upland habitat than on almost any other topic, and he believed the
council's contemplated action would create more controversy. He asked about the impact of Ballot
Measure 37 on the issue of additional natural resource protection. Mr. Lidz did not know at this time.
Mr. Pap6 said the council previously put the concerns expressed by property owners to rest through its
adoption of the standard process, and now the council's action would stir them up again.
Mr. Pap6 asked how "south hills" was defined, and what the boundaries were.
City Manager Taylor acknowledged the uncertainty created by the lack of boundaries and definitions and
pledged that the City would stay on schedule, provide timely notice to the public so it could be involved,
be clear about the timing of decision points and the scope of the work needed for what was being
proposed.
In response to Mr. Pap6's question about the boundaries of the study area, Mr. Bj 6rklund said staff would
use the South Hills Study definition of the south hills to determine the larger boundary, and within that the
Goal 5 sites addressed under the Safe Harbor provisions in 2003. Responding to a follow-up question
from Mr. Pap6, Mr. Bj6rklund indicated staff would look at habitat types but that would not determine the
boundaries of the study area. Other habitat types and their functions would be examined as well.
Mr. Pap6 expressed concern about the extent of the boundaries involved.
Ms. Taylor said that $520,000 sounded like a small amount to her after the discussion about the BRT
system.
Ms. Taylor agreed with Mr. Pap6 that the issue had been very controversial. She believed that the motion
to adopt the Safe Harbor approach had been a tie broken by the mayor. She maintained that the issue was
"still simmering" in the community and the controversy had never died down. Ms. Taylor said her June 8
motion arose from community interest in having the council revisit the issue. She supported the motion
proposed by Mr. Kelly as she thought the work that would be done would be useful.
Mayor Piercy called for a second round of questions and comments.
Mr. Kelly spoke to Mr. Pap6's remarks, saying the additional inventory work proposed through Option 3
would allow the City to take a more "fine-grained" approach to different areas; he asserted that a large
MINUTES--Eugene City Council June 27, 2005 Page 10
Work Session
part of the controversy the last time the council considered the issue regarded the lack of definite
information about what natural resources actually existed where. He likened the inventory to the West
Eugene Wetlands Plan and said the council could use the detailed information that resulted when it
contemplated what individual properties to allow to fully develop, what properties to fully protect, and
what properties to restrict development upon.
Ms. Muir said the Planning Commission was meeting weekly on the Goal 5 process and its final
deliberations were scheduled for July 18. The council would receive that recommendation at a work
session on September 21.
In response to Mr. Pap6's earlier question, Mr. Bj6rklund outlined the parameters of the south hills area
using a map mounted on the meeting room wall. At the request of Mr. Pap6, Mr. Bj6rklund noted major
landmarks delineating the proposed study area involved.
Mr. Poling asked how many acres and property owners were involved. Mr. Bj6rklund did not recall; he
estimated about 1,900-plus acres, with approximately the same number of tax lots. He was unsure of the
number of property owners who would be potentially affected by the process. He recollected that in 2003,
the City had been able to tell property owners they were included in the inventory but had been unable to
tell them what was proposed for their property, which raised alarm. The motion under consideration
would ensure that the inventory map and recommendations for each property were brought forward
together.
The motion passed, 6:1; Mr. Pap6 voting no.
Mayor Piercy adjourned the meeting at 6:50 p.m.
Respectfully submitted,
Dennis M. Taylor
City Manager
(Recorded by Kimberly Young)
MINUTES--Eugene City Council June 27, 2005 Page 11
Work Session
ATTACHMENT C
MINUTES
Eugene City Council
Regular Session
Council Chamber--City Hall
June 27, 2005
7:30 p.m.
COUNCILORS PRESENT: George Poling, Jennifer Solomon, Bonny Bettman, David Kelly, Oary
Pap6, Chris Pryor, Betty Taylor.
COUNCILORS ABSENT: Andrea Ortiz.
Her Honor Mayor Kitty Piercy convened the meeting of the City Council.
1. PUBLIC FORUM
Mayor Piercy welcomed everyone to the City Council meeting and reviewed the rules of the Public
Forum.
Councilor Poling, seconded by Councilor Solomon, moved to extend the time for the
Public Forum by 10 minutes, given that 12 people signed up to speak. Roll call vote; the
motion passed unanimously, 7:0.
Mark Rabinowitz, PO Box 51222, observed that oil now cost $60 per barrel. He noted that several
political leaders now admitted that oil was at peak production. He thought this presented several practical
issues for the Mayor's Sustainable Business Initiative (SBI) Task Force, and suggested these include a
moratorium on the construction of new highways and a diversion of the capital spending that would have
gone into the power plant proposed for Coburg, so that it would be spent on wind turbines and solar panel
production. He could not believe that building codes did not already require the inclusion of solar power
generation. He commented that the "Wal-marts of Mass Destruction" were destroying local economies
everywhere. He said numerous communities already banned big box stores. He opined that West 1 lth
Avenue, as one entered the city of Eugene, was ugly and a disaster and this type of development should be
stopped. He suggested that money potentially spent on a new parking garage should be channeled to
provide free bus service on the Bus Rapid Transit (BRT) or spent on a Pike Place-type farmer's market
that would support the local foods business.
Additionally, Mr. Rabinowitz was "astounded" that it was still legal to sell fireworks. He said two years
earlier the south hills "nearly burned down" because young people were playing with fireworks.
In conclusion, Mr. Rabinowitz wished the council would pass an ordinance that prohibited stores from
selling pesticides.
Megan Mosely, 313 East 8th Avenue, stated that she owned property across from the potential location of
the Whole Foods Grocery. She supported the store because, according to research, the Whole Foods
MINUTES--Eugene City Council June 27, 2005 Page 1
Regular Session
grocery store had been in the top 100 employers since 1998, and most years it was in the top 50. She said
the store fostered community participation by giving five percent of its profits to local charities and by
paying employees to volunteer. She related that the store had salary caps with maximum margins between
its lowest and highest paid employees. Additionally, she pointed om that Whole Foods supported
sustainability by buying local produce and by recycling and reusing materials and reducing waste. She
quoted a favorable letter to the editor of The Register-Guard from a former Eugene resident who was
employed by the store, noting in particular that the store offered domestic partner benefits. She averred
that a downtown was most vital when it included national retailers. For her, downtown revitalization
meant people living downtown and, for that reason, a full service grocery store was a primary need. She
related that an opinion piece in the Eugene Weekly was errant in its assertion that Symantec had left
downtown after its tax exemption was exhausted. She understood that there never had been a tax
exemption and Symantec was still paying the City for parking. She also disagreed that the Downtown
Athletic Club (DAC) was built with block grants that ultimately decreased money for low-income
housing. She asserted that the loans were paid back with interest. She felt the DAC remodel spurred ·
surrounding development that made for full tenancy in that area.
Bob Foster, 369 West D Street, #11, Springfield, expressed concern about Whole Foods moving to
Eugene and hoped it would not drive om the smaller stores. He had not heard that Whole Foods bought
local produce, but if this was so it alleviated some of his concerns. He asked for a dialogue between the
City Council and the smaller stores before a large store was invited into the neighborhood to ensure that
the larger store would not undercut the small ones and put them om of business.
Moshe Immerman, 1290 McLean Boulevard, opined that Whole Foods was far from an optimal choice
for a store because it would be investor-driven. He asserted that the average morsel of food in the United
States traveled more than 1,400 miles to its eventual destination. He alleged that the Wild Oats Natural
Food chain was highly suppressive of free speech among its customers. He claimed that he was a healing
arts practitioner and was not allowed to speak to clients about the health benefits of the formulas bought at
that store. He supported forming a food cooperative. He provided the Mayor and council with copies of a
newsletter from a food co-op in Sacramento that he shopped at while visiting. He pointed out that the co-
op in Sacramento focused on purchasing local produce.
Mr. Immerman requested that the council direct the City Attorney to render a legal opinion on whether the
City could partner with an retailer such as Whole Foods. He did not think it was legal or ethical. He also
wanted the City Council to put om a Request for Proposal (RFP) from all non-profits and private and
corporate sources for what kind of option to put in that location and he wished this to be followed with a
public hearing, to be held in the Convention Center. He alleged that he had an initial commitment for a
$10,000 grant from a "national organization" for a feasibility study for a food cooperative and that he had
also secured an initial commitment for a $50,000 grant for a market and marketing study.
Paul Nicholson, 1855 East 28th Avenue, commented that it was difficult to know what was going on
regarding the possibility of Whole Foods locating in Eugene. He asserted that some projects in the city of
Eugene quickly moved "directly from rumor to a signed memorandum of understanding." In response to
Ms. Mosely's testimony, he said he stood by the statement he made in the Eugene Weekly that the DAC
received a large "way-below-market rate loan" backed by Community Development Block Gram funds.
He thought the issue boiled down to whether the City was conducting its planning ad hoc or in a "real
way." He pointed out that some of the elected officials expressed support for small businesses in their
campaigns. He noted he had nothing against Whole Foods per se but he averred the "twin millstones that
grind up small business" were the long-term policy of arbitrary changes in consolidation of land and
MINUTES--Eugene City Council June 27, 2005 Page 2
Regular Session
zoning and the preference given to larger structures such as Whole Foods. He commented that he could
not find a place for his business along the river because everyone who held land that was zoned C-1
Commercial was convinced that they could change to a C-3 zoning and increase the value of their
properties.
Gavin McComas, 1350 East 25th Avenue, owner of Sundance Natural Foods Store, recognized that the
proposal was part of a complex set of factors being considered. He supported the Shedd Institute and
downtown viability. He agreed that as far as "mega-corporations" go, Whole Foods was noted for being a
very progressive and sophisticated corporation. He said, however, that the Whole Foods corporation had a
strategy of moving into an area with smaller natural foods markets because this ensured it a customer
base. In that sense, he asserted that Whole Foods was "predatory." He remarked that no matter "how
green they seem" this was its strategy for advancement. As for buying local produce, he said Whole
Foods did indicate a preference for doing so; but, as it expanded, the store had to institute centralized
buying which meant more produce from far away places. He remarked that independent natural food
stores were traditionally homey places that brought charm to the community. He averred that replacing
such stores with "big box corporate chains," no matter how green they appeared, threatened to
"eviscerate" the charm and uniqueness inherent in the smaller stores. He called it short-sighted to think
that "these corporate interlopers" enhanced the towns they "invaded." He predicted that residents would
lose that sense of belonging and connectedness that smaller stores provide and Eugene would become a
less attractive place to visit or set up a business. He was skeptical that a big box store could transform
downtown and strongly opposed the utilization of any public money to support larger retailers.
Don Bishoff, 2688 Onyx Street, urged the council to reject spending any money toward a store that had
allegedly participated in union busting. He said the founder and Chief Executive Officer (CEO) of Whole
Foods once called unions "parasites" and compared employing union workers to having herpes. He
reported that a movement to unionize workers at the Whole Foods store in Madison, Wisconsin was
defeated by management over the course of two years and that management allegedly violated laws
governing labor negotiations by stalling negotiations and firing union leaders. He noted the talk on the
part of elected officials about the need for community standards for businesses that operate in Eugene,
esPecially those that want City help. He submitted to the council that there was no place for City
cooperation with any corporation whose CEO compared unions to a sexually transmitted disease. He
underscored that the community had undergone three years of "ugliness" because of the union-busting
attempts of an existing local company with which he had acquaintance and urged the council to tell Whole
Foods to go elsewhere.
Shawn Boles, 105 North Adams Street, expressed appreciation for the institution of the SBI and
suggested that it not be treated as window dressing. He agreed with concerns expressed regarding the
possible location of the Whole Foods store and the increasing costs of oil and the lack of access to it. He
called these the facts the City had to live with that bore directly on the concept of sustainability. He urged
councilors to look at the issues before them with respect to the downtown area and analyze ideas to
determine if they were sustainable or not. He said to the council, in closing, that if it did not "know how
to fix it, don't break it, and if you don't know how to replace it, don't use it up."
Robert Bolman, 882 Almaden Street, said he was not wild about the idea of having an out-of-town
corporation run the Kiva out of business. However, he was present chiefly to speak about density in the
Chambers area node. He was concerned that neighbors were trying to decrease the maximum number of
dwellings that could be built on a lot. He sympathized with their intent to maintain the character of the
neighborhood but only on the assumption that some "serious nodal development" would occur along the
MINUTES--Eugene City Council June 27, 2005 Page 3
Regular Session
main intersection of 11 th Avenue and Chambers Street. He agreed that oil production was peaking. He
noted two articles in the local paper that were related to declines in oil production, one on the increase in
airline fuel costs which caused hikes in fares and the other that discussed faltering earnings at FedEx due
to fuel costs. He quoted from a letter he had received from Walter Youngquist, geologist, in response to
an opinion piece he had written for The Register Guard. Mr. Youngquist, who studied and lectured on
alternative energy sources for more than 40 years, said there "is no comprehensive substitute for oil" and
he predicted the coming transition to a renewable energy resource economy would be traumatic.
In particular, Mr. Bolman wished to register his opposition to the transformation of prime farmland into
"cookie cutter tract house sprawl." He predicted that in 10 to 15 years, the area would not have tractor-
trailer rigs bringing food from many miles away due to fuel costs. He thought it likely that Interstate 5
would fall into disrepair. He urged the council to familiarize itself with the concept of peak oil
production.
Zachary Vishanoff, Patterson Street, asked if the Eugene Police Department (EPD) was acquiring tazers.
Regarding the SBI, Mr. Vishanoff asked that there be a public input opportunity at meetings.
Mr. Vishanoff asserted that there was collusion between the Nike company and the military on weapons
projects at the University of Oregon. He alleged there was an overlap between Nike's research goals and
the Department of Defense. He provided a list of articles for the council to conduct a Google search on in
order for the council to understand how the "weapons projects and sportswear projects meet." He said the
reason he read the list was that the campus planning committee was going to receive a copy of the
proposal from the Oregon Nanoscience and Microtechnologies Institute and he was worded that approval
of the proposal would happen while University students were gone for the summer. He averred that he
raised the issue of the "militarization of the University" with Councilor Kelly and he reiterated his hope
that the council would not let the university "sneak this through" over the summer.
In conclusion, Mr. Vishanoff felt more discussion was needed on alleged toxic waste dumps located at the
Eugene Water & Electric Board site.
Carol McBrian, 1875 West 15th Avenue, said she had been a Eugene resident since 1982 and had always
bought as much food as she could at alternative food stores. She did not want to see any developments
that could threaten those establishments. She observed that five small bookstores had gone out of
business since Borders had opened. She averred that competition usually meant many businesses were
competing, but since the arrival of Borders Bookstore there was less competition. She did not want to see
this happen with the food economy in Eugene. She compared bringing Whole Foods to Eugene to
bringing in a major league team to play against the Eugene Emeralds and providing the major league team
with the best equipment. She urged the council to "help the home team." She shared her love of Eugene
and asked the council to keep in mind the uniqueness for which the city of Eugene was known.
Jan Spencer, 212 Benjamin Street, registered his appreciation for the vote against the Santa Clara land
swap. He also supported the recent vote on the Goal 5 inventory which recognized the need for the study
on pileated woodpeckers.
Mr. Spencer asked that the SBI Task Force be publicly accessible. He added that he thought there were
good people among the membership of the task force.
MINUTES--Eugene City Council June 27, 2005 Page 4
Regular Session
Continuing, Mr. Spencer supported making the River Road area a target for an "urban village nodal-type
zone." He felt the River Road area needed a neighborhood place.
Regarding oil production, Mr. Spencer noted the recent interest on the part of a Chinese company to
purchase Unocal Oil Company. He averred this was symptomatic of the "global energy scene." He
quoted a letter written by two Republican representatives from California to the President that emphasized
the critical importance of controlling energy resources. He remarked that the representatives were behind
the curve. He observed that if one looked at United States military deployments all over the world, it
would look like "bees coming to honey," as the deployments largely focused on areas of oil production.
Mr. Spencer opined that everyone agreed more densification was needed in the downtown area. He felt
anything developed downtown should be multi-stow and there should be detailed traffic impact studies
with the understanding that energy would cost more in the not-too-distant future.
Ken Silverman, 2744 Harris Street, remarked that building a one-stow grocery in the downtown area
would not fulfill density goals. He thought it would be unfair to take public money and use it to foster
private business. He recalled that in kindergarten he learned that if one brought gum to school, one had to
bring enough for the whole class. Given that, he averred he should be supplied with a covered bicycle
garage in front of his small business if a parking structure would be built for the Whole Foods Grocery.
He said there was never enough parking in front of the Sundance Natural Foods and asked why it should
not be provided with a parking structure. He asked that public money be used for public good. He
commented that the City frequently demolished and rebuilt in the downtown area and every time it did so
people made money from it. He asserted that this was the only city he had ever lived in that did not
preserve most of the downtown buildings. He said the cities of Baker and Cottage Grove had "cute little
downtowns" but downtown Eugene looked like a bulldozer had been over it.
Mayor Piercy closed the Public Forum and called for questions and comments from the council.
Councilor Kelly thanked everyone for their testimony. He commented that whether Whole Foods would
improve, make worse, or have little effect on the local stores was a worthwhile discussion. He noted that
someone mentioned city planning and he wished to point out that locating a full-service supermarket in
downtown had been a key element of planning for years. He indicated that Whole Foods had been the
first to step forward to provide a full-service grocery store in the downtown area. He said in an ideal
world the public could dictate what kind of store it wanted in the downtown area, but the reality was such
that unless someone from the private sector wished to build one, it would not happen. He stated that he
would oppose any financial incentives. He underscored that there were proposals, but they were verbal,
and it was his understanding that if Whole Foods wanted parking in a parking structure, it would pay for it
just like anyone would. Additionally, he wished to point out that Whole Foods could build "tomorrow"
on any land zoned C-2 or C-3 Commercial by filing a building permit. He averred that dissuading them
from the downtown location would not mean that the store would not locate in the city of Eugene. He
noted that Whole Foods had been cited for being anti-union and commented that Sundance Natural Foods,
Kiva, and the other locally-owned natural foods stores were not union stores. He pointed out that Safeway
and the Fred Meyer stores were union employers.
Regarding land swap proposals, Councilor Kelly stressed that such proposals almost always came from
landowners, which made it difficult to plan "up front" for them.
MINUTES--Eugene City Council June 27, 2005 Page 5
Regular Session
Councilor Bettman thanked everyone for their thoughtful testimony. She echoed Councilor Kelly's
comments and suggested to the City Manager that a press release concerning Whole Foods be released.
She thought many people did not understand the disposition of the Whole Foods issue. She felt providing
a Pike Place-type structure for the Farmers Market was an excellent idea. She suggested that when
looking at the next round of infrastructure improvements for the park blocks, this idea should be
investigated.
Councilor Taylor called it a "delight" to hear the people of Eugene speak. She said that while it was true
that with current laws Whole Foods could not be stopped from coming to Eugene, nothing should be done
to help such an entity move into the city. She believed there were enough good food businesses in Eugene
already. She also supported building a Pike Place-type market for the Farmers Market.
Mayor Piercy appreciated the comments on the SBI. She invited everyone to participate in the
conversation as fully as they wished.
Councilor Kelly announced that the first meeting of the SBI task force would be held at 1:30 p.m. on June
28 in the McNutt Room.
2. CONSENT CALENDAR
A. Approval of City Council Minutes
May 23, 2005, City Council Meeting
May 25, 2005, Work Session
B. Approval of Tentative Working Agenda
C. Ratification of Intergovernmental Relations Committee Actions of June 7, 2005
D. Adoption of Resolution 4844 Authorizing the Issuance and Sale of Water Utility
System Revenue Bonds in the Aggregate Principal Amount of Not to Exceed
Twenty-Two Million Five Hundred Thousand Dollars ($22,500,000) for the Purpose
of Advance Refunding or Defeasance of Certain Outstanding Water Utility System
Revenue Bonds; and Providing for Certain Details and Related Matters
E. Approval of City Council Vision and Goals Statement
F. Appointment to Lane Workforce Partnership Board
Councilor Poling, seconded by Councilor Solomon, moved approval of the Consent
Calendar.
Councilor Kelly stated that he had previously submitted one correction to the minutes electronically.
Mayor Piercy noted the correction.
Roll call vote; the motion to approve the Consent Calendar passed unanimously, 7:0.
MINUTES--Eugene City Council June 27, 2005 Page 6
Regular Session
3. ACTION:
Adoption of Resolution 4845 Establishing Interim Local Criteria Applicable in the Proposed
West Eugene Enterprise Zone and Adopting a Public Benefit Scoring System
City Manager Taylor stated that Denny Braud from the Community Development Division of the Planning
and Development Department would speak on the interim recommendations for community standards in
the event that an Enterprise Zone should be designated in the City of Eugene.
Mr. Braud recalled that the City Council provided direction in April to submit an application to the State
of Oregon for designation of a new Enterprise Zone (EZ). He said the City had yet to receive notification
but staff was optimistic that it would be so designated. He stated that the council directed staff to bring
back an interim policy regarding additional local criteria and it had been anticipated that this would
transpire after the City heard word from the State. Given that the council intended to have this policy in
place before July 1, it had been decided to proceed with proposal of interim standards with the caveat that
it was as yet unknown whether the zone would be designated. He related that the council directed staff to
bring back the 1997 public benefit criteria as an interim policy which has been adjusted to reflect that 25
percent of the exemption would be subject to it, formerly 15 percent.
Mr. Braud stated that the council also supported the establishment of a cap on the amount of the tax
exemption per new job created and the expectation was that the cap would be adopted prior to July 1. He
noted that Councilor Bettman previously proposed a $30,000 cap. He said at this point it was important to
recognize that the County was a joint sponsor in this effort and needed to pass a mirror image resolution
adopting the local criteria and supporting the cap of $30,000. He related that the Lane Board of County
Commissioners had taken action in April to support that approach but had not discussed a specific dollar
amount for that cap. He stated that the County staff recommended support, but it was not yet known
whether the commissioners would support the $30,000 amount.
Mr. Braud said if designated by the State, the zone would be in effect on July 1, but should the City and
the County not agree on the criteria, the zone would be in place without clear direction for the criteria
applicable to it. He conveyed staff's recommendation for approval. He anticipated bringing back a
recommendation for a public involvement process that would move into the adoption of permanent j ob
quality standards for the program. He expected that the public process would involve some community
members in a committee of some sort that would make a recommendation to the City Council as soon as
possible regarding permanent standards.
Councilor Poling asked if the cap per employee was considered interim. Mr. Braud replied that nothing
was permanent because at any time, the City and County acting jointly could change any part of the cap.
Councilor Taylor asked what the average county wage was. Mr. Braud replied that it was approximately
$29,000 per year. Councilor Taylor averred that giving points for provision of the average county wage or
even 115 percent of the average county wage was still not enough to live on in the city of Eugene. She
asked why the City would be giving points for such a wage.
In response to another question from Councilor Taylor, Mr. Braud said it took 80 points to get the full tax
exemption. Councilor Taylor opined that it was an easy number to get to. She observed that one barrier
was low- and moderate-income and commented that she could not imagine anyone asking for a job that
"only pays $30,000" per year unless they already had a low or moderate income.
MINUTES--Eugene City Council June 27, 2005 Page 7
Regular Session
Mr. Braud explained that the jobs typically created in the program were entry-level production jobs and
for such a job, $30,000 to $33,000 annually was an excellent wage. Councilor Taylor responded that the
City had "plenty of entry-level jobs already" and did not need to subsidize jobs to increase the number.
Councilor Bettman surmised that the council could "sit down with the County and establish criteria." She
wondered if there would be no criteria, should the County not agree with the City when it voted on June
29. Mr. Braud affirmed this to be so.
Councilor Bettman said the council had given the City Manager direction on this item three months earlier
and now, three days before the zone would be approved or denied by the State, there was still uncertainty
regarding the criteria. She declared that the council had agreed to an Enterprise Zone but only if standards
were in place. She thought there would be no standards in place should the County not be in agreement
with the City. She averred that staff had three months to make sure the standards had been placed in front
of the City and the County in "a timely way" so the council policy could be fulfilled. She remarked that
she did not have a problem with the County, but rather had a problem with the follow-up from City staff
"on very explicit direction on a very controversial issue."
Councilor Bettman asked if the application for the Enterprise Zone could be withdrawn at this point. Mr.
Braud replied that the City would have the opportunity to request withdrawal of its application before July
1. After July 1, he explained, it would have to be undertaken in the context of a zone termination.
Councilor Bettman ascertained from Mr. Braud that the County Commissioners would take action at
approximately 10:30 a.m. on June 29. She asked Mayor Piercy if she would be amenable to providing 15
minutes on the schedule during the council work session scheduled for Wednesday, June 29, to get an
update from staff on the County's disposition of the Enterprise Zone so that the council could take the
opportunity to withdraw the application if it deemed it necessary. She thought an application from a
manufacturer could be processed without any community standards should the Board of Commissioners
disagree with the City's standards and this would be inconsistent with council direction.
Mayor Piercy said it was a possibility. She hoped that the Board of County Commissioners would
recognize that the City Council had worked hard to reach this agreement.
City Manager Taylor related that he had great expectations because throughout the process, City staff and
County staff had been communicating about the conditioned application, the conditioned zone, and the
process for interim standards while the City engaged in a more rigorous exploration of what the standards
should be. He anticipated that the commissioners would adopt the interim standards in the same spirit that
the City had pursued them and the two would move forward with the public process for making a
recommendation to the two govermnent bodies. He noted that when the first application had been
submitted, it had seemed like a long shot, but now it seemed very likely that the City would be granted the
Enterprise Zone.
Councilor Kelly observed that the council had worked well together to come to a level of near consensus
on the Enterprise Zone. He felt optimistic that this sense of cooperation would pervade at the Board of
County Commissioners. He agreed, however, that 15 minutes should be set aside at the coming work
session.
MINUTES--Eugene City Council June 27, 2005 Page 8
Regular Session
Councilor Taylor opined that the standards were "meaningless." She reiterated her opposition to the zone.
She remarked that most of the councilors wanted more rigid standards but she had noted that
redevelopment of a brownfield would net the developer only two points.
Councilor Bettman did not agree with every provision in the interim standards but was prepared to support
them because they were short-term. She was glad that the number of points for brownfield redevelopment
was low because anyone who applied for the Enterprise Zone exemption would get them due to the area it
covered.
Regarding the cap, Councilor Bettman said the $30,000 cap was not the cap on how much in wages the
pay would be, but rather how much in benefits would be provided per job in terms of a tax break.
Councilor Bettman asked how much of the percentage of the benefit was being provided by Lane County
as opposed to the City of Eugene. Mr. Braud replied that the tax rate for the City was approximately $7
per $1,000 of real value and the tax rate for the County was approximately $2 per $1,000. Councilor
Bettman observed that even though the amount for the County was "substantially less" the County had
veto power over the standards. She did not believe this to be fair.
Councilor Poling, seconded by Councilor Solomon, moved to adopt Resolution 4845
establishing interim local criteria applicable in the proposed West Eugene Enterprise
Zone and adopting a public benefit scoring system.
Councilor Pryor called it a worthwhile discussion because the Enterprise Zone was important. He was
hopeful that the City would not have problems working with the County. He thought the zone would be
the subject of an ongoing discussion and he wanted to keep the momentum going forward.
Councilor Pap6 asked if any other communities had adopted standards of this sort and if they had been
successful reaching the goals set forth by the standards. Mr. Braud replied that the City of Portland was
the only other municipality that had adopted standards as part of its Northeast Portland Enterprise Zone.
He said there was a policy in place since the mid-1990s and the criteria had changed with time. Councilor
Pap6 ascertained that the City of Eugene could do the same.
Councilor Pap6 asked if a change in criteria would affect an application that had been concurrently
submitted. Mr. Braud responded that the application would be subject to whatever criteria were in place.
Roll call vote; the motion passed, 6:1; Councilor Taylor voting in opposition.
The meeting adjourned at 8:39 p.m.
Respectfully submitted,
Dennis M. Taylor
City Manager
(Recorded by Ruth Atcherson)
MINUTES--Eugene City Council June 27, 2005 Page 9
Regular Session