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HomeMy WebLinkAboutCC Minutes - 10/28/02 Meeting MINUTES Eugene City Council Regular Meeting McNutt Room--Eugene City Hall October 28, 2002 7:30 p.m. COUNCILORS PRESENT: Betty Taylor, David Kelly, Nancy Nathanson, Gary Rayor, Gary PapS, Bonny Bettman, Pat Farr, Scott Meisner. CITY COUNCIL MEETING Mayor James D. Torrey called the meeting to order. 1.PUBLIC FORUM Dal Ollek, President of AFSCME Local 1724, raised concern over contracting out custodial services at the new library. He said the library deserved consistent and highly skilled custodial staff that could be provided by the City of Eugene. He urged the council not to take chances with such a valuable building. He stressed that City staff would work at a competitive cost and would provide safer and better service. Terry Connolly, Eugene Chamber of Commerce, thanked the council for the City's participation in the Chamber's "Business to Business Expo." He added his thanks to City Manager pro tern Jim Carlson for allowing department heads to attend the event as well. He expressed his hope that the council would attend future events. Bruce Miller, PO Box 50968, Eugene, commented that the council had been negligent in revitalizing Eugene's downtown. Mr. Miller also raised concern over the new council rule of having to have five councilors to schedule an item for discussion at a meeting. Terry Froming, 2886 Bailey Lane, raised concern over School District 4J's plan to build a new school near Monroe Middle School. Speaking as a member of the Harlow neighborhood, he urged the council to deny any application for construction. He raised concern over the loss to the neighborhood of open space in Ascot Park. He said the loss of the park would be tragic for the community. He urged the council to think carefully before allowing the new school at that location. Dennis Gilbert, 1875 Jefferson Street, speaking as a member of the Eugene/Springfield Solidarity Network, raised concern over the contracting out of custodial services for the new library. He said citizens were concerned over the "hypocrisy" of local government since it was asking them to vote to fund the library and make donations while at the same time jeopardizing the long-term care of the library by replacing good permanent jobs with poorly paid temporary jobs. He stressed that MINUTES--Eugene City Council October 28, 2002 Page 1 Regular Meeting the message of the City needed to be consistent and said that the City undermined itself when it pursued schemes to contract out work that trained loyal city workers performed. John Janis, 2862 Bailey Lane, reiterated Mr. Froming's concern over the construction of a new school in the Monroe area. He also raised concern over traffic and safety in the area. Gene Mooney thanked Mayor Torrey for bringing up the homeless issue again and allowing councilors to either support or oppose his proposed project. Mr. Mooney acknowledged that the tree sitting protest in the Park Blocks of the City was taking momentum away from what his group wanted to accomplish. He said he was working on a solution to that problem and apologized for not being able to convince the person to come down from the tree. He said the person was not willing to come down until a viable solution for homelessness in the City was found. He stressed that he was doing everything he could to create a viable solution and come up with land for his project. Mr. Mooney said the proposed homeless village could be a very positive thing for the citizens of Eugene, both homeless and not homeless. He stressed that stability and security would benefit homeless people and went on to say that the community could benefit from the learning opportunities provided from the project. Melissa Mona, 1755 Mill Street, expressed her belief that every council member cared about the homeless but stressed the importance of dealing with the issue in a realistic way. She said it was unconscionable that homeless people in the community were breaking the law just by going to sleep. She stressed that the City was facing a growing crisis and added that the worst part of winter was coming. She said the worst possible response was to do nothing. John Hubbird, 2489 Emerald Street, reiterated Mr. Mooney's thanks about the previous discussion by the council during its work session. Regarding the zoning and building concerns over a homeless village, Mr. Hubbird cited Oregon Revised Statute 446.265, which trumped local codes and allowed any municipality to establish up to two encampments and allowed for temporary structures that met minimum thresholds for safety and sanitation. Mr. Hubbird noted that the plan had already been tried but there had been issues over "management" of the camping area and urged the councilors to allow another attempt. Tracey Joseyln, 2634 Harris Street, said there was a lot more to living in poverty than other people's judgments. She said the people involved in the homeless protest were not indicative of the people in Mr. Mooney's group. She said many of the homeless were responsible, well- intentioned, with goals and dreams and hopes. She raised concern that a starvation fence had been put around the tree sitting protester who nonetheless had constitutionally protected freedom of speech rights. She said that anyone who was not trying to get the fence removed was condoning the City of Eugene starving a human being. Mayor Torrey called for council comments. Regarding the issue of library custodial services Councilor Rayor said PERS was a problem when dealing with City contracts. He said PERS had to be addressed at a local level. He commented that Tier 2 people who were being laid off were union brothers and sisters as well as custodial workers at the library. He said the PERS board was made up of greedy people that were near MINUTES--Eugene City Council October 28, 2002 Page 2 Regular Meeting retirement and only interested in getting their pensions. He said he was for a living wage and added that as soon as PERS came into line he was 100 percent in favor of the union. Regarding the new school and Ascot Park, Councilor Rayor said his position was no net loss of park land for the City. Councilor Kelly thanked the AFSCME people for coming to the forum. He said he was pleased with the decision not to outsource the jobs that had already been made. Councilor Kelly called for information on the new school and what the council's role in the process would be. He raised concern over the loss of park land in the Harlow neighborhood. Councilor Kelly thanked Mr. Mooney and Ms. Mona for their testimony and for taking positive steps on the issue. He added that the homeless protester in the tree in the Park Blocks was working directly against the cause Mr. Mooney was trying to advance. Councilor Bettman expressed her pleasure with the decision to not contract custodial services for the library. She noted that the decision would only last for a year. Councilor Taylor expressed her delight that custodial services would not be contracted out for at least a year. She expressed a hope that the City would not contract out for those services in the future. Councilor Taylor raised concern over the loss of park land in the Harlow neighborhood to accommodate construction of a new school. She added her concern that a new school in the area would increase traffic problems for the neighborhood. She expressed a desire for the council to prevent park land from being lost. Councilor Taylor stressed that it was wrong to try to deny food to the homeless protester tree sitting in the Park Blocks regardless of whether people agreed with his views. Councilor Nathanson challenged the school district to think about using public lands in new cooperative ways. Councilor Pap8 thanked the people who had raised concern over loss of park land to build a school. Councilor Farr said the Council Committee on Homelessness and Youth would be meeting soon and would continue to meet to discuss homeless issues. Mayor Torrey called for a map of the planned facility from the 4J school district to make the discussion more clear. II.CONSENT CALENDAR A. Approval of City Council Minutes: September 11, 2002, Work Session MINUTES--Eugene City Council October 28, 2002 Page 3 Regular Meeting September 18, 2002, Joint Public Hearing September 23, 2002, Work Session September 23, 2002, Regular Session September 25, 2002, Work Session October 7, 2002, Boards, Commissions, and Committees Interviews October 9, 2002, Boards, Commissions, and Committees Interviews B. Approval of Tentative Working Agenda Councilor Kelly, seconded by Councilor Pap~, moved to approve the items on the Consent Calendar. Councilors Kelly, Taylor, Bettman, and Nathanson referred to minutes corrections submitted earlier. Roll call vote, the motion passed unanimously. III.PUBLIC HEARING: An Ordinance Concerning a Business License Tax on Motor Vehicle Fuel Dealers, Providing for Administration, Enforcement and Collection of the Tax; Adding Sections 3.465, 3.466, 3.467, 3.468, 3.469, 3.470, 3.471, 3.472, 3.473, 3.474, 3.475, 3.476, 3.477, 3.478, 3.479, 3.480, 3.481, 3.482, 3.483, 3.484, 3.485, 3.486, 3.487, 3.488, and 3.489 to the Eugene Code, 1971 Public Works Director Kurt Corey provided background information on the proposed ordinance. He said the City had a backlog of $67 million in road improvements and stressed that the backlog was growing. He said the City's Road Fund was funded largely through an allocation from the State gas tax. He said State gas tax rate was set by the legislature and had not been raised since 1991. Mr. Corey said several years ago the City had reached the point of revenues falling shod of the necessary expenditures to match the level of service provided by the Road Fund. He noted that the Citizen Budget Subcommittee had been asked to conduct a comprehensive review of the transportation funding issue and to recommend alternatives. He noted that the subcommittee's report had been submitted to the City Council in 2001 and recommended a combined local fuel tax and a transportation utility fee to generate a new, locally controlled, and sustainable funding source. Mr. Corey said staff had been working cooperatively with the City of Springfield to conduct a pro- active outreach effort. He said the evening's hearing was to gather information regarding the local gas tax component of the recommendation made to the council. Mayor Torrey opened the public hearing. Terry Connolly, Eugene Chamber of Commerce, noted that the gas tax was not intended to be a stand- alone funding measure. He said it would be impractical and unfair to Eugene fuel dealers if other jurisdictions did not agree to participate as well. He noted that it would not be able to come up with the desired revenue as well. MINUTES--Eugene City Council October 28, 2002 Page 4 Regular Meeting David Hinkley, 1350 Lawrence Street, commented that the ordinance title was technically legal but noted that the words "gas tax" were not mentioned in the title and opined that this would account for the Iow citizen turn out for the public hearing. Mayor Torrey closed the public hearing. In response to a question from Councilor Bettman regarding the process for public outreach for the hearing, Mr. Carlson said no extra outreach was made but stressed that the hearing was noticed the same as other public hearings. In response to a question from Councilor Bettman regarding how much of the tax would go to the Oregon Department Of Transportation for administrating the tax, Mr. Corey said, based on a survey of other cities and counties that used ©D©T as a collection resource, that the usual rate was in the one-two percent range. He said the City was using four percent for purposes of estimating costs on the conservative side. In response to a question from Councilor Bettman regarding offsetting the transportation system maintenance fee with changes to the way the stormwater fees were administered, Mr. Carlson said a request had come from the Chamber of Commerce to review the issue. He said it would be a policy issue on which the council would have to give direction. Mr. Corey added that there was a staff level review of the current budget status in comparison to the costs of service and services provided. Councilor Meisner raised concern that the title of the ordinance was confusing to the general public and stressed the importance of getting clear information to the public. He said a gas tax was not the sole remedy for finding funding for street maintenance, but that this was not a reason to do nothing. In response to a question from Councilor Meisner regarding a countywide increase in registration fees and the allocation formula for a countywide gas tax, Mr. Corey said the Board of Commissioners had the discretion to establish a formula for how those funds would be used. Councilor Meisner expressed concern over what Eugene's allocation of funding from the County would be. Councilor Kelly reiterated Councilor Meisner's concerns over the allocation the City of Eugene would receive if the gas tax were administered countywide. Councilor Kelly said the stormwater fee revenue was a completely different issue. He said he did not want to wait months for a detailed report when changes might not be needed. Councilor Kelly said a one sentence change in the ordinance was needed before he would support it. He cited Section 3.489(2) which was the description of what the gas tax would be used for. He stressed the importance of narrowing the language so it specifically singled out operations and maintenance of existing roads and did not allow for new roads to be built with its funding. Councilor Pap~ said the ordinance was one leg of the process needed to move forward. He said he would not support the ordinance unless there was participation from nearby jurisdictions. He MINUTES--Eugene City Council October 28, 2002 Page 5 Regular Meeting stressed that the $67 million dollar backlog would grow. He commented that the tax would be easier to administrate if it were done countywide. Councilor Taylor expressed her hope that the language in the ordinance be changed so that the revenue be used only for road maintenance. Councilor Nathanson opined that a gas tax needed to be at least metrowide if not countywide. IV. PUBLIC HEARING AND POSSIBLE ACTION: Fall 2002 Draft Land Use Code Amendments: Ordinance No. 1: An Ordinance Concerning Lane Use Regulations; Amending Chapter 9 of the Eugene Code, 1971; Adopting a Severability Clause; and Providing an Effective Date; Ordinance No. 2: An Ordinance Concerning Nodal Development; Amending Sections 9.4250, 9.4280, and 9.4290 of the Eugene Code, 1971, and Ordinance No. 3: An Ordinance Concerning Secondary Dwellings and Flag Lots; Amending Sections 9.2471, 9.2750, 9.2751, and 9.2775 of the Eugene Code, 1971; Adopting Severability Clause; and Providing an Effective Date Teresa Bishow of the Planning and Development Department provided the staff introduction. She noted that the Fall 2002 land use code amendments affected 75 sections of the Eugene code. Of the three ordinances listed, Ms. Bishow said the first was recommended unanimously by the Eugene Planning Commission. She said the second two ordinances were in response to requests by the City Council to make changes in the Nodal Development Overlay Zone and to re-examine the standards for residential flag lots. Regarding the elimination of site review from the process if an applicant used the more comprehensive criteria in the conditional use permit or planned unit development process, Ms. Bishow said there were a few distinctive differences between site review and the other processes. She said staff were recommending elimination of that language from Ordinance No. 1 and noted that there was a recommended motion in the meeting packet to address that change. In the event more questions were raised after the public hearing was completed, Ms. Bishow said staff recommended postponement of action on Ordinance 1 until November 25, to allow additional time for deliberation. She said staff recommended approval of Ordinance 2 that evening. She said there was some urgency regarding the request. Regarding Ordinance 3, Ms. Bishow said staff recommended postponement of action to allow the council more time for deliberation. Mayor Torrey opened the public hearing Terry Connolly, Eugene Chamber of Commerce, raised concern over Ordinance 2, the proposed changes to the Nodal Development Overlay Zone. He also questioned the timing of nodal development and commented that residential, and commercial development would not proceed at the same time. He questioned whether the proposed residential density outlined by the ordinance was more of a guideline or a mandate. He noted that TransPlan had said that nodal development patterns would vary depending on combinations of residential uses, commercial activity and, employment centers. MINUTES--Eugene City Council October 28, 2002 Page 6 Regular Meeting Roxie Cuellar, Lane County Homebuilders Association, encouraged the council to avoid treating flag lots as "second class lots." She stressed that much of the available land supply was located behind existing lots. She urged the council to not discourage construction on that land. David Hinkley, 1350 Lawrence Street, commented on Ordinance 1. He said reducing the size of a display sign for pending land use decisions would make it less effective. Regarding Ordinance 2, Mr. Hinkley commented that 8-12 residential units per acre was not dense enough to support frequent transit or walk-in business for local commercial businesses. Regarding Ordinance 3, Mr. Hinkley said there were two solutions to the privacy problem presented by flag lots; setbacks and landscaping. He said there was no need to change the current code unless design standards were worked in as well. Kevin Matthews, PO Box 1588, Eugene, submitted written material for the record. He commended staff and the Planning Commission for their work on the code amendments. He said that the emphasis of the work should be on patching the loopholes made by the code remand by the Land Use Board of Appeals. Mr. Matthews said that height would be more of a factor for privacy than setbacks would. He suggested a limit of 15 feet of any part of a structure within 20 feet of an existing home. Regarding Ordinance 2, Mr. Matthews said two words should be inserted in the last sentence of the ordinance so it read: "at least" twelve units of residential per acre. Mayor Torrey closed the public hearing. In response to a question from Councilor Rayor regarding Ordinance 3 and the definition of a special flag lot setback, Ms. Bishow said the special flag lot setback was a rule that new construction on a flag lot would require a 10-foot building setback. In response to a question from Councilor Nathanson regarding the Planning Commission's views of the relationship between building height and setbacks, Ms. Bishow said the Planning Commission was recommending a standard 10-foot setback regardless of building height. In response to a question from Councilor Nathanson regarding design requirements in landscaping, Ms. Bishow said the commission had decided not to add any more development standards for flag lots beyond the greater setbacks. In response to a question from Councilor Nathanson regarding the potential of flag lots on vacant land in front of existing homes, Ms. Bishow said she did not know the number of those types of lots. Councilor Kelly noted that many of the changes called for in the public hearing were included in the amended motion choices listed in the council packet. In response to a question from Councilor Kelly regarding the 12 units per acre average density, Ms. Bishow said that it was a mandate and not a guideline. MINUTES--Eugene City Council October 28, 2002 Page 7 Regular Meeting In response to a question from Councilor Kelly regarding the base zone of a nodal overlay zone area, Ms. Childs said there was no change to the base zone. Councilor Bettman said she would support Ordinance 2 with the proposed amendments. Councilor Bettman stressed the importance of a mix of housing types in proposed nodes. Councilor Bettman raised concern with reducing the size of display signs for proposed zone changes. She suggested that if the signs had to be smaller, then the City should require using more signs per site. In response to a question from Councilor Meisner regarding an example of 12 units per acre net density, Ms. Bishow cited Chase Village apartments. Councilor Meisner noted that there were some older neighborhoods that had no height limitations on existing flag lots and said he was less concerned with height limitations on newly created flag lots when there were none in existing older neighborhoods. Councilor Taylor said she would prefer to work on the LUBA remand issues before working on other code amendments. She commented that the proposed 50,000 square feet size limitation was too large for a nodal commercial business. Councilor Bettman raised concern over reducing setbacks across the board. She said this might negatively impact the value of people's investment in their homes. Councilor Bettman urged caution when considering amendments to the code. Councilor Nathanson called for information on infill development and residential densities and asked staff to provide examples of different types of housing, especially near the 12-unit-per-acre density. City Manager Carlson asked the council to consider Council Bill 4801, an ordinance concerning nodal development; amending Sections 9.4250, 9.4280, and 9.4290, of the Eugene Code, 1971; adopting a severability clause; and providing an effective date. Councilor Kelly, seconded by Councilor Pap6, moved that the bill, with unanimous consent of the council, be read a second time by Council Bill number only and that enactment be considered at that time. Ms. Childs read suggested wording for an amendment to the ordinance that closed a potential loophole: "No new building, designed to be occupied by retail uses, may exceed 50, 000 square feet of building area on the ground floor (Delete :narc than c. nc, and add:) and only one new building may be 50,000 square feet of building area on the ground floor." Councilor Kelly, seconded by Councilor Pap6, moved to amend Ordinance 2 by amending sections 9.4250 and 9.4280 to read as follows: MINUTES--Eugene City Council October 28, 2002 Page 8 Regular Meeting "On 9.4250, add a final sentence; "It is intended that each node identified by the Nodal Development Overlay zone achieve an average overall residential density of at least 12 units per net residential acre." In Section 9.4280(2)(b), strike the existing language in the basic ordinance and substitute the language as read by Jan Childs. Councilor Kelly said the amendments were needed for him to vote in favor of the Ordinance 2. Councilor Pap8 said he was not in favor of 9.4280(2)(a) prohibiting drive-through facilities. He said banks in nodal development overlay zones should be able to have drive-through windows. Roll call vote, the amendment passed unanimously. Roll call vote, the main motion passed unanimously. City Manager Carlson asked the council to consider Council Bill 4801 by number only. Councilor Kelly, seconded by Councilor PapS, moved that the bill be approved and given final passage. Roll call vote, the motion passed unanimously. V. ACTION: Appointments to Boards, Commissions, and Committees Human Rights Commission: Councilor Kelly, seconded by Councilor PapS, moved to appoint Sidney Moore Jr. to Position 9 on the Human Rights Commission for a three-year term beginning November 1, 2002, and ending on October 31, 2005. Roll call vote, the motion passed unanimously. Councilor Kelly, seconded by Councilor PapS, moved to reappoint Sara Rich to Position 7 on the Human Rights Commission for a three-year term beginning November 1, 2002, and ending October 31, 2005. Roll call vote, the motion passed unanimously. Councilor Kelly, seconded by Councilor PapS, moved to reappoint Andrea Ortiz to Position 8 on the Human Rights Commission for a three-year term beginning November 1, 2002, and ending October 31, 2005. Roll call vote, the motion passed unanimously. Councilor Kelly, seconded by Councilor PapS, moved to reappoint Marike (Mo) Young to Position 11 on the Human Rights Commission for a three-year term beginning November 1, 2002, and ending October 31, 2005. Roll call vote, the motion passed unanimously. Councilor Kelly, seconded by Councilor PapS, moved to appoint Mary Martinez Wenzl to Position 5 on the Human Rights Commission for a three- year term beginning November 1, 2002, and ending October 31, 2005. MINUTES--Eugene City Council October 28, 2002 Page 9 Regular Meeting Councilor Fart moved to amend the motion by substituting Meredith Price. The motion died for lack of a second. Councilor Kelly said the council was faced with a choice between Ms. Wenzl, who was a very qualified applicant, and Melissa Mona, who was a very qualified existing commissioner. He said he had been very pleased with Ms. Mona's work on the Human Rights Commission and did not want to detract from Ms. Wenzl, but said he would vote against the motion. He expressed a hope that Ms. Wenzl would join one of the commission's subcommittees and move on to the commission with time. Councilor Kelly, seconded by Councilor Taylor, moved to amend the motion by substituting Melissa Mona in the place of Ms. Wenzl. Councilor Taylor reiterated Councilor Kelly regarding Ms. Mona's excellent work on the Human Rights Commission. She said that someone who had done such a good job should be appointed before any new applicant. Councilor Bettman reiterated Councilor Taylor's comments. Roll call vote, the motion failed, 5:3; with Councilors Taylor, Bettman and Kelly voting yes. Roll call vote, the main motion passed, 7:1; with Councilor Taylor voting in opposition. Planning Commission: Councilor Kelly, seconded by Councilor Pap~, moved to reappoint Marlene Colbath to Position 6 on the Planning Commission for a four-year term beginning November 1, 2002, and ending October 31, 2006. Roll call vote, the motion passed unanimously. Councilor Kelly, seconded by Councilor Pap~, moved to appoint Richard Duncan to Position 7 on the Planning Commission for a four-year term beginning November 1, 2002, and ending October 31, 2006. Councilor Bettman raised concern over having a developer (Mr. Duncan) on the commission. She said the development industry already had too much influence over how the City Code was written. She said there were multiple opportunities for the development industry to provide input to the Planning Commission and to give a developer a seat on the commission would be redundant. Councilor Fart said that having a developer of the type that Mr. Duncan was would be an essential and valuable part of the Planning Commission. Roll call vote, the motion passed 6:2 with Councilors Taylor and Bettman voting in opposition. Toxics Board: MINUTES--Eugene City Council October 28, 2002 Page 10 Regular Meeting Councilor Kelly, seconded by Councilor Pap~, moved to reappoint Clifford Carson to Position 3, a business representative on the Toxics Board for a three-year term beginning January 23, 2003, and ending January 22, 2006. Roll call vote, the motion passed unanimously. Councilor Kelly, seconded by Councilor Pap~, moved to appoint David Monk to Position 6, an advocacy representative on the Toxics Board for a three- year term beginning January 23, 2003, and ending January 22, 2006. Roll call vote, the motion passed unanimously. Police Commission: Councilor Kelly, seconded by Councilor Pap~, moved to reappoint Kimberly Shore to Position 4 on the Police Commission for a four-year term beginning November 1, 2002, and ending October 31, 2006. Councilor Kelly took the opportunity to praise the work of Ms. Shore for the Police Commission Roll call vote, the motion passed unanimously. Councilor Kelly, seconded by Councilor Pap~, moved to reappoint Tim Laue to Position 5 on the Police Commission for a four-year term beginning November 1, 2002, and ending October 31, 2006. Councilor Fart commended the work that Mr. Laue had done for the City of Eugene and the work that he continued to provide. He took the opportunity to thank Mr. Laue personally. Roll call vote, the motion passed unanimously. Councilor Kelly, seconded by Councilor Pap~, moved to reappoint Thomas Kutchai to Position 6 on the Police Commission for a four-year term beginning November 1, 2002, and ending October 31, 2006. Roll call vote, the motion passed unanimously. Councilor Kelly, seconded by Councilor Pap~, moved to reappoint Floyd Prozanski Jr. to Position 7 on the Police Commission for a four-year term beginning November 1, 2002, and ending October 31, 2006. Roll call vote, the motion passed unanimously. Budget Committee: Councilor Kelly, seconded by Councilor Pap~, moved to appoint Jana Rygas to Position 1 on the Budget Committee for a three-year term beginning November 1, 2002, and ending October 31, 2005. Roll call vote, the motion passed unanimously. Councilor Kelly, seconded by Councilor Pap~, moved to appoint Sherry Schafers to Position 4 on the Budget Committee for a three-year term beginning November 1, 2002, and ending October 31, 2005. Councilor MINUTES--Eugene City Council October 28, 2002 Page 11 Regular Meeting Bettman, seconded by Councilor Kelly, moved to amend the motion by substituting John Demboski. Councilor Kelly said the issue was getting the best diversity of members on the Budget Committee. Roll call vote, the amendment failed, 5:3; with Councilors Bettman, Taylor and Kelly voting in favor. Councilor Taylor, seconded by Councilor Bettman, moved to amend the motion by substituting Kevin Matthews for Sherry Schafer. Roll call vote, the amendment failed, 6:2; with Councilors Taylor and Bettman voting in favor. Roll call vote: The main motion passed, 6:2; with Councilors Bettman and Taylor voting in opposition. Councilor Kelly, seconded by Councilor Pap~, moved to reappoint Bruce Mulligan to Position 8 on the Budget Committee for a three-year term beginning November 1, 2002, and ending October 31, 2005. Councilor Taylor moved to substitute Jack Lucier for Mr. Mulligan. The amendment failed for lack of a second. Roll Call Vote: The main motion passed, 7:1; with Councilor Taylor voting in opposition. Councilor Kelly, seconded by Councilor Pap~, moved to appoint John Demboski to Position 6 on the Budget Committee for a three-year term beginning November 1, 2002, and ending October 31, 2005. Councilor Rayor, seconded by Councilor Bettman, moved to amend the motion by substituting Kevin Matthews. Councilor Rayor said Mr. Matthews had been active in the community for years, read the materials distributed by the City, and showed up for meetings to provide insightful testimony. He commented that Mr. Matthews was also good neighborhood leader. Councilor Kelly said he would vote for Mr. Matthews. Councilor Bettman said she would support Mr. Matthews. Councilor Nathanson said she would not support Mr. Matthews. Roll call vote, the vote on the motion was a 4:4 tie; councilors Kelly, Taylor, Rayor, and Bettman voting yes, and councilors Nathanson, Fart, Meisner, and Pap~ voting no. Mayor Torrey cast a vote in opposition, and the motion failed on a final vote of 5:4. MINUTES--Eugene City Council October 28, 2002 Page 12 Regular Meeting Councilor Nathanson, seconded by Councilor Pap~, moved to amend the motion by substituting Michael Wolfe. Councilor Bettman said she would not support the amendment. Councilor Kelly said he would not support the amendment. Councilor Taylor said she would not support the amendment Councilor Fart said he would support the amendment. Roll call vote, the vote on the motion was a 4:4; councilors Kelly, Taylor, Rayor, and Bettman voting no, and councilors Nathanson, Fart, Meisner, and Pap~ voting yes. Mayor Torrey cast a vote in opposition, and the motion failed on a final vote of 5:4. Councilor Fart, seconded by Councilor Taylor, moved to amend the motion by substituting Jack Lucier. Roll call vote: the vote on the motion was a 4:4; councilors Kelly, Taylor, Rayor, and Bettman voting no, and councilors Nathanson, Fart, Meisner, and Pap~ voting yes. Mayor Torrey cast a vote in opposition, and the motion failed on a final vote of 5:4. Roll call vote, the main motion failed 5:3 with Councilors Fart, Nathanson, and Pap~ voting in favor. Councilor Kelly, seconded by Councilor Pap~, moved to appoint John Demboski to Position 6 on the Budget Committee for a three-year term beginning November 1, 2002, and ending October 31, 2005. Councilor Rayor, seconded by Councilor Meisner, moved to amend the motion by substituting Michael Wolfe. Roll call vote, the amendment passed, 5:3; with Councilors Kelly, Taylor and Bettman voting in opposition. Roll call vote, the main motion passed, 5:3; with Councilors Bettman, Kelly and Taylor voting in opposition. The meeting adjourned at 10 p.m. Respectfully submitted, MINUTES--Eugene City Council October 28, 2002 Page 13 Regular Meeting James R. Carlson City Manager pro tem (Recorded by Joe Sams) MINUTES--Eugene City Council October 28, 2002 Page 14 Regular Meeting