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HomeMy WebLinkAboutCC Minutes - 11/12/02 Meeting MINUTES Eugene City Council Regular Meeting Council Chamber--Eugene City Hall November 12, 2002 7:30 p.m. COUNCILORS PRESENT: Betty Taylor, David Kelly, Nancy Nathanson, Scott Meisner, Gary Rayor, Gary Pap~, Bonny Bettman, Pat Farr. CITY COUNCIL MEETING Mayor James D. Torrey called the meeting to order. I.PUBLIC FORUM Councilor Kelly, seconded by Councilor Taylor, moved to extend the length of public forum to allow everyone who had signed up to speak. Roll call vote; the motion passed unanimously, 8:0. Patricia Hadley, 1435 Olive Way, submitted written material into the record. She spoke against a possible war in Iraq and listed various individuals and groups who were opposed to the idea. Hannah Peter, 2602 Agate Street, thanked the council for its work on the school funding measure. She also thanked Beth Forrest of the City Manager's Office for her assistance with the mayor's schedule. Bill Northrup, 939 Laurelhurst Drive, spoke in opposition to the proposed Human Rights Code amendments. He raised concern that the City was endorsing homosexuality by enacting the domestic partner registry. He urged the council to let the domestic partner registry be privatized so there was no implicit government approval of homosexuality. Charles Hammer, 1001 West 5th Avenue, urged the City Council to pass a resolution opposing war with Iraq. He raised concern that a military strike against Iraq would only fuel resentment against the United States in that region. Jack Davidson, 3650 Glen Oak Street, said people could respect and honor one another without the passage of the Human Rights Code amendments. He urged the council not to pass the proposed ordinance. He said the domestic partner registry was a veiled attempt open the door to "a sweeping social plan" to endorse same-sex marriage. He said domestic partner registry was against divine law. MINUTES--Eugene City Council November 12, 2002 Page 1 Regular Meeting Jane Cramer, 3769 Wilshire Lane, urged the council to pass a resolution opposing war in Iraq. She stressed that Saddam Hussein did not have a connection to the Al Queda terrorist network and therefore there would be no danger that he would supply them with a weapon of mass destruction. She said the United States was in more danger when it upset the rest of the world. Chaney Ryan, 1443 East 20th Avenue, urged the council to pass a resolution against war with Iraq. He said a war would negatively impact the community in a great many ways. Tammam Adi, 530 East 50th Avenue, noted that hate crimes against Muslims, and people who looked like Muslims, were on the rise because of passions stirred up by talk of war with Iraq. He said the Islamic Cultural Center had already advised Muslim men to shave their beards and take off their scarves and noted that, if tensions continued, Muslims in the area would be asked to stay at home. He added that attendance at mosque and community events was declining since Muslims were worrying that they would be physically targeted. He said Muslims aspired to democracy but war with Iraq would not be a just war but a massacre. He said those who had attacked the United States on September 11, 2001 were hired killers and mercenaries. He said that a war on terrorism was not needed if the US would concentrate on catching and prosecuting individual terrorists. Annette Jentils, 87888 Oak Island Drive, read a pre-written statement raising concern over the Human Rights Code amendment about the use of public restrooms. She said allowing anyone into any restroom would open the door for rapists and molesters to easily perform their crimes. Regarding the domestic partnership registry portion of the Human Rights Code amendments, Ms. Jentils said if the code amendments were passed by the council, homosexuals would "flock to the area" and the city would be overflowing with "not just lovely normal families but with people who defied the natural laws of God." She quipped that God made "Adam and Eve, not Adam and Steve." Steve Light, 28131 Spencer Creek Road, spoke in opposition to the Human Rights Code amendments. He raised concern about what children were learning when right and wrong were being redefined. He said the code revisions would cause division in the community and legal maneuvering by concerned parties. Thomas Kramer, 3769 Wilshire Lane, urged the council to pass a resolution against a war in Iraq. He said the City of Eugene should make it clear to the federal government that its people did not support a war for oil. He alleged that the US supported leader of Iraq was meeting with American oil companies to determine which of the companies would control Iraq's oil when Hussein was removed from power. He said the current practices of the US were causing anti-US feelings throughout the Middle East and the rest of the world, which would ultimately harm US security. Jennifer Knowlton, 3462 Centennial, spoke as a representative of "Faith in Action." She urged the council to adopt the proposed Human Rights Code changes. She also urged the council to pass a resolution opposing war with Iraq. She said it was appropriate for the council to address the issue directly and face on. Henry Allie, 835 East 32nd Avenue, said the City's mission in its diversity program honored a diversity of viewpoints, cultures, and life experiences. He said this mission statement applied to the proposed Human Rights Code changes before the council. He added that honoring diversity MINUTES--Eugene City Council November 12, 2002 Page 2 Regular Meeting would also include supporting diplomacy and opposing a possible war with Iraq. He stressed that there was a definite connection between the world community and the people living within the City of Eugene. Denise Hand, PO Box 416,Veneta, said genders were identified when God created man and woman. She raised concern over the gender identity portion of the proposed Human Rights Code amendments and said that any other attempt to define gender would be a sin against God. Regarding a possible war in Iraq, Ms. Hand said war was a punishment due to sin. Bill Hammon, 540 East 30th Avenue, questioned the motives behind the impending war with Iraq and said that such a war would be unnecessary. He said that preemptively attacking a war-torn third world country that had stated strongly that it did not wish to fight was unjustifiable by any moral standard. He urged the council to pass a resolution opposing a possible war in Iraq. Ken Biersteker, 88180 3rd Street, Veneta, said God hated homosexuality. He said approval of the Human Rights Code amendments would send a lot of people to hell. So he urged the council not pass the proposed human rights code amendments and commented that "homosexuals can correct their ways, and if they don't, they're going to hell." Bahati Ansari, 1900 Chambers Street, spoke against an impending war in Iraq. She said she had come to publicly oppose the war when she had thought of what her grandson would think of her in later years. James Waggoner, 26050 Jeans Road, said a family of one man and one woman was the basic foundation of society. He raised concern that the Human Rights Code revisions would alter God's plan for society. Joan Acker, 2331 Hilyard Street, concurred with previous testimony against a war in Iraq. She said going to war would have severe impacts on families locally. She reiterated all of the viewpoints raised by previous speakers who opposed a possible war. Nancy Hansen, 4870 West Hillside Drive, raised concern over opening restrooms to transgendered individuals and urged the council to look for a common sense solution. She said the mayor's proposed amendment to the code revisions would more clearly express the requirement for access of transgendered individuals to restrooms and locker rooms. Bruce Kreitsberg, 1625 Washington Street, expressed his hope that the council would pass a resolution against a war with Iraq. He noted that Saddam Hussein was a natural political enemy of Al Queda and would not ally himself with them. He raised concern over killing and maiming thousands of people for a potential threat. John Hudson, 3646 Wilshire Lane, raised concern over increasing laws and stressed that legislation should be enacted for a compelling reason. Judy Ivy, 195 East 24th Avenue, spoke against a war with Iraq. She remarked that a war against Iraq, or anyone else, would not help the country be protected from ourselves. She commented that US wealth was tainted with the blood and lost livelihoods of millions of people around the world. She said the September 11, 2001, tragedy was a consequence to that history. She said MINUTES--Eugene City Council November 12, 2002 Page 3 Regular Meeting the US was not a target of hatred because of its wealth but because its wealth had been gained at the expense of other nations. She urged the council to pass a resolution opposing a war with Iraq. Levi Straum, 948 East 21st Avenue, said that student governments across the nation were in opposition against a war with Iraq including the University of Austin, Texas, the home state of the President. He noted that many critics had said that by taking a stance on a contentious issue like an invasion of Iraq, all of the diverse opinions in the community could not be represented. He quoted a Nobel Peace Prize winner who had stated that indifference was the epitome of evil. He said not taking a stance was taking a stance. He said it was the responsibility of local community leaders to make ethical decisions for their communities and urged the council to pass a resolution opposing a possible war in Iraq. Moshe Immerman, 1290 McClain Boulevard, raised concern over the level of electronic surveillance he had been seeing in the community. Bob Gordon, 24241 Vaughn Road, Veneta, said freedom could not exist in a society without morality. He urged the mayor to veto the domestic partner registry and gender identity portions of the Human Rights Code amendments. He said they were diabolical and against God-fearing sense. Councilor Nathanson noted that there had been a public hearing on the proposed Human Rights Code amendments on October 14, and the council would therefore not repeat any of the discussion on the issue that had already taken place. Councilor Bettman thanked everyone who testified at the forum. She said it was important for community leaders to speak out early against an unjustifiable war. In response to a question from Councilor Bettman regarding the process of passing an anti-war resolution, City Manager Jim Carlson said the process would go through a standard work session process. Councilor Kelly thanked those who testified in support of an anti-war resolution and said he would support it. He expressed a hope that it would not take a work session to do a resolution. Councilor Taylor said she was in favor of a anti-war resolution. She was against the idea of having a work session and opined that a motion could be made without a work session first. Councilor Taylor said she was disturbed that people would think that ensuring rights for a small portion of the population could be determined as an attack on the family. Councilor Taylor, seconded by Councilor Bettman, moved that the City Manager return to the council with a resolution opposing a war in Iraq. Councilor Farr commented that a letter to legislators would carry far more weight than a resolution. MINUTES--Eugene City Council November 12, 2002 Page 4 Regular Meeting Councilor Nathanson said a letter signed by the council against a war in Iraq would be more effective than a resolution. She urged those calling for a resolution to spend more time contacting federal authorities to voice their concerns. Councilor Kelly offered a friendly amendment, which was accepted, to have the resolution be presented at the November 25 regular meeting. Councilor Pap~ raised concern that there had not been enough public discussion for a resolution. Councilor Meisner said a letter could be drafted and signed that evening. He said he did not want to wait until November 25 to draft a resolution that might not even get read by the people for whom it was intended. He stressed his desire to for immediate action. Councilor Rayor agreed with writing a letter and suggested combining that letter with a letter opposing the USA Patriot Act. Mayor Torrey raised concern over only hearing one side of the argument being presented and then taking action before hearing all viewpoints. Councilor Kelly said a letter could be written and a resolution could be passed at a later time. In response to a question from Councilor Bettman regarding the difference between a letter and a resolution, City Attorney Glenn Klein said the difference was that a letter was a document that could be signed by individual council members and was not a decision of the City Council. He noted that a decision, under public meeting law, required a public meeting. He said a resolution would be a decision of the City Council. He noted that neither a letter or a resolution would have any legal effect and would simply express the views of either the council or the individual councilors. Councilor Bettman, seconded by Councilor Fart, moved to amend the motion by having legal council and the City Manager draft a letter opposing a war in Iraq and returning it to the council. Councilor Taylor said she was in favor of a letter and a resolution. She opined that a resolution would carry more weight than just a letter. Councilor Taylor moved to amend the amendment by drafting a resolution and a letter opposing a war in Iraq. The motion died for lack of a second. Councilor Fart reiterated that a letter to legislators opposing a war in Iraq would be more effective than passing a resolution. Roll call vote, the amendment passed unanimously, 8:0. Roll call vote, the main motion passed unanimously, 8:0. MINUTES--Eugene City Council November 12, 2002 Page 5 Regular Meeting II.CONSENT CALENDAR 1. Approval of City Council Minutes October 14, 2002, Work Session October 16, 2002, Work Session 2. Approval of Tentative Working Agenda 3. Approval of Waiver to Time Lines and "On the Record" Requirements for Elected Officials Public Hearings on Metro Plan Amendments for Nodal Development Areas Councilor Kelly, seconded by Councilor Pap~, moved to approve the items on the Consent Calendar. Councilor Kelly noted his earlier submission of minutes corrections. Roll call vote, the motion passed unanimously, 8:0. III.PUBLIC HEARING: Implementing Ordinance for Broadway Overlay Zone: An Ordinance Establishing a Broadway Overlay Zone; Amending Sections 9.1040, 9.6670, 9.8030, and 9.8865 of the Eugene Code, 1971; Adding Sections 9.4070, through 9.4090 to That Code; Amending the Eugene Overlay Zone Map; Adopting a Severability Clause; and Providing an Effective Date Mayor Torrey opened the public hearing. Bruce Miller, PO Box 50968, noted that 132 businesses had failed in the downtown area since 1997. Terry Connolly, Eugene Chamber of Commerce, thanked the council for allowing the community to vote on the opening of Broadway. He said the proposed design standards were appropriate in directing development of a great street in downtown Eugene. He urged the council not to approve standards that would inhibit good development in Broadway. Russ Brink, Downtown Eugene Incorporated (DEl), reiterated the comments of Mr. Connolly. He said DEl supported the design standards and was taking them seriously. He stressed the importance of standards not getting in the way of good development and commented that not all proposed projects would fit with the proposed standards. Mayor Torrey closed the public hearing. In response to a question from Councilor Bettman regarding the length of allowed building projections, Kurt Yeiter of the Planning and Development Department, said no work had been done on that section since the work session of the council. Councilor Bettman commented that the language in the zoning proposal regarding building projections was an oversight and needed to be addressed. MINUTES--Eugene City Council November 12, 2002 Page 6 Regular Meeting In response to a question from Councilor Bettman regarding residential use being included in the purpose statement of the zone, Mr. Yeiter said staff would bring that language back to the council prior to adoption. Councilor Bettman requested that staff return to the council with language regarding access management in the area. Councilor Pap~ stressed the importance of having businesses downtown. He commented that opening Broadway would not, by itself, make the street a great one. Mayor Torrey closed the public hearing. IV. PUBLIC HEARING: An Ordinance Authorizing the City Manager to Settle Claim Against AT&T Broadband, and Providing an Effective Date Mayor Torrey opened the public hearing. Seeing no one wishing to speak, he closed the public hearing and called for council comments/questions. Councilor Nathanson suggested taking action that evening since there had been no public testimony. City Manager Carlson asked the council to consider Council Bill 4806, An Ordinance Authorizing the City Manager to Settle Claim Against AT&T Broadband, and Providing an Effective Date. Councilor Kelly, seconded by Councilor Pap~, 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. Roll call vote, the motion passed unanimously, 8:0. City Manager Carlson asked the council to consider Council Bill 4806 by number only. Councilor Kelly, seconded by Councilor Pap~, moved that the bill be approved and given final passage. Roll call vote, the motion passed unanimously, 8:0. V. ACTION: An Ordinance Concerning Human Rights; Adding Sections 2.815, and 2.820, and Amending Sections 2.013, 2.265, 2.270, 2.280, 4.613, 4.615, 4.620, 4.625, 4.630, 4.635, and 4.645 of the Eugene Code, 1971 City Manager Carlson asked the council to consider Council Bill 4802, an Ordinance Concerning Human Rights; Adding Sections 2.815, and 2.820, and Amending Sections 2.013, 2.265, 2.270, 2.280, 4.613, 4.615, 4.620, 4.625, 4.630, 4.635, and 4.645 of the Eugene Code, 1971 Councilor Kelly, seconded by Councilor Pap~, moved that the bill, with unanimous consent of the council, by Council Bill number only, and that enactment be considered at that time. MINUTES--Eugene City Council November 12, 2002 Page 7 Regular Meeting Councilor Kelly said there were a lot of rational reasons for supporting the full proposed language that was before the council. He noted that there had been a long history of discrimination against the populations mentioned in the code amendments. He added that there had been dozens of cities that had enacted similar ordinances with no known ill effects. He stressed that his support for the ordinance came from the heart in the simple form of human dignity and caring. Councilor Kelly said he understood and accepted the fact that some people feel that their religious beliefs lead them to oppose the proposed code amendments but expressed his dismay that those same people were maintaining that their religious approach to the issue was the only approach. He noted that the council had received letters of full support for the proposed code amendments from the First Christian Church, the Emaus Lutheran Church, the First Presbyterian Church of Cottage Grove, the Church of the Brethren, Temple Beth Israel, Eugene Friends Meeting, First Congregational Church, Eugene Mennonite Church, and the Community of Christ Church. Councilor Kelly expressed his strong belief in the desirability of legal protection from discrimination for the people listed in the ordinance. He said the current political reality was that the ordinance faced many amendments that would dramatically handicap that protection against discrimination or a veto from the mayor if those amendments were not passed. He said a veto would not only result in no legal protection for transgendered individuals but would also result in elimination of the many other important changes in the rest of the proposed ordinance. Councilor Kelly, seconded by Councilor Pap~, moved to amend the motion by eliminating any language having to do with gender identity so the Human Rights Commission could further consider those parts of the ordinance. The amended language was as follows: 1. Delete the phrase "gender identity" in: Subsections (1) and (2) of Section 4.613 The definition of "Discriminate or discrimination" in Section 4.615, Subsections (1)(a)(1), (1)(c), (1)(d), (1)(e), (1)(g), (1)(h), and Subsection (2) of Section 4.620 Subsections (1)(a) (b) of Section 4.625 Subsections (1), (2), (3), (7), and (8) of Section 4.630 Subsections (1)(a) and (b) of Section 4.635 2. Delete the definition of "Gender Identity" in Section 4.615. 3. Delete Subsections (1)(b) and (3)(d) of Section 4.620 and reletter Subsections (1)(c) through (1)(h) to (1)(b) through (1)(g). 4. Delete Subsection (1)(c) and Section 4 of Section 4.635. Councilor Kelly stressed that he was not against those portions personally but only made the amendment under threat of veto by Mayor Torrey. He expressed a hope that the Human Rights Commission would return to the council with alternatives in a timely fashion. He noted that he would be the council liaison to the commission in the following year and would not let the matter drop until full protections were passed. He noted that a good first step would be to enact protections for transgendered individuals in City facilities. MINUTES--Eugene City Council November 12, 2002 Page 8 Regular Meeting Councilor Fart said he would support the amended motion. He stressed that he did not have any ill feeling toward transgendered people but raised concern that predators could enter restrooms under the guise of being transgendered and harm others. Councilor Meisner said he would support the amendment. He said he had talked to as many people as he could regarding the proposed amendments. He said he found the mayor's suggested amendments dealing with the gender identity portions of the proposed code amendments absolutely unacceptable. He stressed that he was not willing to create a second class category of citizens. He said the mayor's suggested amendments reminded him of past laws in Louisiana that defined and regulated people's racial identity as a matter of official action and stressed that he did not want the City to do that kind of business. He acknowledged that none of the council or the writers of the proposed code amendments expected the degree of complexity within the issue of gender identity and urged the Human Rights Commission to undertake as full and lengthy an analysis as was undertaken for domestic partnership. Councilor Meisner said it had been painful to read some of the e-mail and letters submitted to the council on the issue as well as to listen to some of the comments given during public testimony. He remarked that some of the comments had been inappropriate since the world was seeing religion being misused for intolerance and terrorist purposes in other portions of the world. He said he would support the amendment and enthusiastically support the amended motion. He added he would look forward to other amendments in the future after more analysis from the Human Rights Commission. Councilor Pap~ commented on the difficulty of the issue. He reiterated that no one expected the complexity of the gender identity issue. He expressed his dismay with some of the public testimony received on the issue as well as telephone calls and e-mail he had received, saying that they did not show the kind of tolerance and diversity that the community was known for. He commented that respect could not be legislated but protection could be. He said he would support the amendment. Councilor Bettman expressed her agreement with Councilor Kelly's statements but said she had come to a different conclusion. She said she could not support the suggested amendments from Mayor Torrey. She opined that the amendments suggested by the mayor and others practically criminalized transgendered individuals and definitely ostracized them. She said she would also not support the current amendment. Councilor Bettman said the City Council was not the arbiter of moral absolutes or of religious values. She stressed that the council was there to ensure all citizens have basic human and civil rights. She said that concept was not negotiable. She said removing a specific segment of the population from the Human Rights Code amendments was unacceptable. She raised a concern that if the issue were not dealt with at that time then it would never get addressed. Councilor Rayor commented on the complexity of the gender identity issue. He said it would be good governance to do more research on that particular issue. He expressed his support for the rest of the proposed code revisions. Regarding domestic partnership registry, Councilor Rayor commented that he was thinking about himself extending benefits to a person he was not married to but with whom he maintained a strong relationship. He noted that, in the current tax climate, it was to the financial advantage of MINUTES--Eugene City Council November 12, 2002 Page 9 Regular Meeting many to not get married. He said domestic partner registry had no force of law but would provide for medical and survivor benefits. He stressed that there was not one single way to have a relationship. Councilor Taylor said she would support the amendment. She commended Councilor Kelly for his statements. She said she was unwilling to throw away the rest of the revisions because of the transgendered issue. She said the council could do one good thing that evening by passing the amended ordinance and continue to work on the transgendered issues. Councilor Kelly related that he had taken part in a religious ceremony at the first of the month that had been in response to anti-Semitism. He said the theme of the service that evening had been that everyone had a right to live free from harassment and intimidation. He stressed that the few transgendered folks in the community were asking for that simple right. He expressed hope that they would receive that right. Councilor Fart reiterated that he had no desire to discriminate and stressed that his concern was one of privacy and safety and was directed at people who might pose as transgendered people in public restrooms for the purpose of preying on others. Mayor Torrey said he would support the ordinance if the amendment passed. He commented that the wording of the unamended ordinance language was not specific enough to be able to provide the community with the predictability needed to eliminate risk to citizens. Roll call vote, the amendment passed, 6:2; councilors Bettman and Nathanson voting in opposition. Councilor Pap~, seconded by Councilor Nathanson, moved to amend the last sentence of EC 2.820(2) as follows: "It is a requirement for the registration that at least one of the partners reside in the City at the time of the registration." Councilor Meisner said he would not support the amendment. Councilor Bettman said she would vote against the amendment. She stressed that the City would be reimbursed for providing the domestic partner registry. She commented that the amendment was an arbitrary distinction. Councilor Taylor said she would not support the amendment. She said if the City could provide a service at no cost then why not provide that service. In response to a question from Councilor Nathanson regarding whether there would be follow up on domestic partnerships, City Manager Carlson said the City had no intent on following up on the registry. He said those who had registered were expected to notify the City of cessation of a domestic partner relationship. Roll call vote, the amendment failed, 6:2; councilors Pap~ and Meisner voting in favor. Roll call vote, the main motion passed unanimously, 8:0. MINUTES--Eugene City Council November 12, 2002 Page 10 Regular Meeting City Manager Carlson asked the council to consider Council Bill 4802 by number only. Councilor Kelly, seconded by Councilor Pap~, moved that the bill be approved and given final passage. Roll call vote, the motion passed unanimously, 8:0. Councilor Fart left the meeting at 9:40 p.m. VI.ACTION: Implementing Measures for Chase Gardens Nodal Development Area Ordinance Number 1: An Ordinance Concerning the Chase Nodal Development Area; Amending the Eugene-Springfield Metropolitan Area General Plan and the Willakenzie Area Plan; Adopting a Severability Clause; and Providing an Effective Date; Ordinance Number 2: An Ordinance Concerning Nodal Development; Amending Sections 9.3000, 9.3020, 9.6000, and 9.8320 of the Eugene Code, 1971; and Providing an Effective Date; Ordinance Number 3: An Ordinance Establishing a Chase Node Special Area Zone; Amending Sections 9.1030, 9.8030, 9.8865, and 9.9700 of the Eugene Code, 1971; Adding Sections 9.3100, and 9.3126 to That Code; Amending the Eugene Zoning Map; Amending the Eugene Overlay Zone Map; Adopting a Severability Clause; and Providing an Effective Date City Manager Carlson asked the council to consider Council Bill 4803, an ordinance concerning the Chase Nodal Development Area; amending the Eugene-Springfield Metropolitan Area General Plan and the Willakenzie Area Plan; adopting a severability clause; and providing an effective date. Councilor Kelly, seconded by Councilor Pap~, 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. Councilor Bettman said she would vote in opposition to all three ordinances. She raised concern that the principles that needed to be enacted to succeed with nodal development had been compromised to the point that the Chase Node looked like a sea of high density housing, mostly rental, with a shopping center and would fail miserably and discredit the whole notion of nodal development. Roll call vote, the motion passed unanimously, 7:0. City Manager Carlson asked the council to consider Council Bill 4803 by number only. Councilor Kelly, seconded by Councilor Pap~, moved that the bill be approved and given final passage. Roll call vote, the motion passed, 5:2; with councilors Taylor and Bettman in opposition. MINUTES--Eugene City Council November 12, 2002 Page 11 Regular Meeting City Manager Carlson asked the council to consider Council Bill 4804, an ordinance concerning nodal development; amending Sections 9.3000, 9.3020, 9.6000, and 9.8320 of the Eugene Code, 1971; and providing an effective date. Councilor Kelly, seconded by Councilor Pap~, 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. Councilor Taylor reiterated Councilor Bettman's concern and commented that building a huge regional shopping center in the node would accomplish the opposite of reducing vehicle traffic in that area. Roll call vote, the motion passed unanimously, 7:0. City Manager Carlson asked the council to consider Council Bill 4804 by number only. Councilor Kelly, seconded by Councilor Pap~, moved that the bill be approved and given final passage. Roll call vote, the motion passed, 5:2; councilors Bettman and Taylor voting in opposition. Councilor Rayor commended staff for excellent work in planning the Chase Node. City Manager Carlson asked the council to consider Council Bill 4805, an ordinance establishing a Chase Node Special Area Zone; amending Sections 9.1030, 9.8030, 9.8865, and 9.9700 of the Eugene Code, 1971; adding Sections 9.3100, and 9.3126 to that code; amending the Eugene Zoning Map; amending the Eugene Overlay Zone Map; adopting a severability clause; and providing an effective date. Councilor Kelly, seconded by Councilor Pap~, 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. Roll call vote, the motion passed unanimously, 7:0. In response to a question from Councilor Nathanson regarding building entrances, City Manager Carlson noted that there could be an entrance facing a parking lot but there would also have to be an entrance facing the street. In response to a question from Councilor Nathanson regarding the impact of removing the rule that a building could only have one entrance, Mr. Yeiter said each building would have an entrance but not necessarily each store within the building. Councilor Nathanson, seconded by Councilor Pap~, moved to delete Section 9.3115(1)(0(3) from the ordinance. Councilor Rayor noted that many buildings had a central atrium with a entrances to the street and parking lots, with multiple stores inside the building. He suggested that instead of deleting the section, each commercial tenant of a building shall provide storefront access facing the street. Councilor Kelly said he would oppose the amendment. He said it was hard to imagine a arcade style building that fit in a total of 2,500 square feet of floor area. He raised concern that the MINUTES--Eugene City Council November 12, 2002 Page 12 Regular Meeting concept had twice been debated at length and staff had been given direction. He said the issue had been settled at the previous discussion. Councilor Bettman said she would oppose the amendment. She noted that the issue had been scheduled and discussed previously. She added that the public hearing had only gotten support from the business community. Roll call vote, the amendment passed, 4:3; councilors Bettman, Kelly, and Taylor voting in opposition. Councilor Nathanson, seconded by Councilor Pap~, moved that the last sentence of Section 9.3125(3)(a) be deleted with the assurance of staff that there would still be a building entrance required on the street. Councilor Kelly said he would oppose Ordinance 3 since it was already a product of great compromise and that compromise had been "thrown out the window." Roll call vote, the amendment failed, 4:3; councilors Pap~, Nathanson, and Rayor voting in favor. Seeing that the council had reached its time limit, Mayor Torrey gave the option of stopping the meeting or having a motion to extend the time of the meeting. Councilor Bettman, seconded by Councilor Taylor, moved to extend the meeting by ten minutes. Roll call vote, the motion passed unanimously, 7:0. In response to a question from Councilor Pap~ regarding the two-story requirement on Garden Way, Mr. Yeiter noted that the matrix limited the building height, in the commercial building subsection, to two functional floors if located along Garden Way. Councilor Pap~ said he would not support the ordinance because of that requirement. Roll call vote, the main motion, as amended, passed unanimously, 7:0. City Manager Carlson asked the council to consider Council Bill 4805 by number only. Councilor Kelly, seconded by Councilor Pap~, moved that the bill be approved and given final passage. Roll call vote, the motion passed, 4:3; councilors Pap~, Bettman and Taylor voting in opposition. Councilor Bettman, seconded by Councilor Taylor, moved to direct the City Manager to provide for system development charge discounts in nodes so that they apply only for buildings that were 20,000 feet or smaller on the ground floor. Councilor Bettman said there was already a policy in place that provided a 10 percent discount for transportation system development charges in nodes. Councilor Rayor said he would oppose the motion. He said the motion needed a work session to be discussed fully. MINUTES--Eugene City Council November 12, 2002 Page 13 Regular Meeting Councilor Kelly said he would support the motion. City Manager Carlson said he would have to come back with a modified resolution adopting SDC methodologies. He noted that a memo had been sent regarding clarification of nodal development adjustments to the transportation SDC. He said the ten percent reduction came from the Oregon Transportation Planning Rule, which stated that local governments should give full credit for potential reduction in vehicle trips for uses located in mixed-use, pedestrian-friendly centers, and local governments shall assume that uses located within a mixed-use, pedestrian- friendly center or neighborhood would generate ten percent fewer daily and peak hour trips than are specified in available published estimates such as those provided by the ITE manual. He said the location in the node was what was important to the State, and not the size of the building. Seeing that the ten- minute extension was over, Mayor Torrey called for an end to the meeting or an additional motion to extend the meeting time. Councilor Nathanson, seconded by Councilor Rayor, moved to extend the meeting by a further 90 seconds. Roll call vote, the motion passed, 5:2; councilors Pap~ and Meisner voting in opposition. Councilor Nathanson said Councilor Bettman's motion needed more research from staff and discussion among the council. Councilor Nathanson, seconded by Councilor Pap~, moved to table the motion until December 11. Roll call vote, the motion passed, 6:1 ;Councilor Bettman voting in opposition. VII.ACTION: Approval of the Design and Authorization to Proceed with Right-of-Way Acquisition and Bidding of Proposed Improvements to Garden Way from Sisters View Avenue to Centennial Boulevard, and the North Side of Centennial Boulevard from Marche Chase Drive to Interstate Five. (Job #3502) Seeing that the council had reached its time limit, Mayor Torrey called for an end to the meeting or a motion to extend the meeting time. Councilor Kelly, seconded by Councilor Nathanson, moved to extend the time of the meeting by three minutes. Roll call vote, the motion passed unanimously, 7:0. Councilor Kelly, seconded by Councilor Pap~, moved to approve the design and authorization to proceed with Right-of-Way acquisition and bidding of proposed improvements to Garden Way from Sisters View Avenue to Centennial Boulevard, and the north side of Centennial Boulevard from Marche Chase Drive to Interstate 5 (Job #3502). Roll call vote, the motion passed, 6:1; Councilor Taylor voting in opposition. The meeting adjourned at 10:25 p.m. Respectfully submitted, MINUTES--Eugene City Council November 12, 2002 Page 14 Regular Meeting James R. Carlson City Manager pro tem (Recorded by Joe Sams) MINUTES--Eugene City Council November 12, 2002 Page 15 Regular Meeting