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HomeMy WebLinkAboutCC Minutes - 12/10/01 Meeting MINUTES Eugene City Council Regular Meeting Council Chamber-Eugene City Hall December 10, 2001 8p.m. COUNCILORS PRESENT: Betty Taylor, David Kelly, Nancy Nathanson, Pat Farr, Scott Meisner, Gary Rayor, Gary Pap~, Bonny Bettman. I.PUBLIC FORUM Mayor James D. Torrey called the regular session of the City Council to order at 8 p.m. Bill Northrup, 939 Laurelhurst Drive, thanked the council for considering him for a position on the Human Rights Commission. He commented that the City was taking a non-neutral position on same sex couple registry and urged the council to let the Human Rights Commission take up the issue. Greg Vik, 2023 Kimberly Drive, spoke representing Willamette Family Treatment Service's Board of Directors. He said that alcohol and drug abuse were a huge problem and stressed that treatment programs worked. He added that treatment funds in the area were limited and said that the forfeiture funds gained under Ballot Measure 3 would help increase the service to the community. He said that treatment programs were less expensive than jail beds and opined that the intent of the ballot measure was for forfeiture funds to be dedicated to drug treatment. He said it was a matter of public accountability for the City Council make sure the funds were used in that fashion. Judge Darryl Larson, 125 East 8th Avenue, said that drug treatment was a matter of public safety for the community. He said that treatment programs eventually provided the greatest amount of public safety. He said that addicts drained the community of millions of dollars and urged that property seized in drug arrests should help those affected by drugs. Nick Urhausen, 2858 Warren Street, urged the council to accept citywide elections for council positions. Patricia Skipper, 921 Snell Drive, said there was a critical need for drug treatment programs in the community. She said it was the intent of the voters for forfeiture money to be used for treatment programs. Patty Gilstrap, 1386 Oksanna Way, spoke representing Willamette Family Treatment Services. She stressed that treatment programs were effective and urged the council to dedicate forfeiture funds to such programs. She added that treatment beds would help police in the long run by getting addicts off the street. MINUTES--Eugene City Council December 10, 2001 Page 1 Regular Session Hillary Wylie, 1087 Cheshire Drive, commented that drug use was a major cause of social problems and treatment helped reduce the demand for drugs. She stressed that the intent of the voters for Ballot Measure 3 was for forfeiture money to be used in drug treatment. Bruce Miller, PO Box 50968, Eugene, urged the council to display the redistricting plan in City Hall and the Council Chamber. Tom Hoffman, PO Box 1731, Eugene, said that Ballot Measure 3 called for forfeiture money to be used in drug treatment. He stressed that treatment programs worked and saved money for the community. He added that addicts negatively affected all people around them. Stacy Bierma, 2815 High Street, spoke as a recovering addict. She stressed that treatment programs were better than going to jail, or a morgue, and added that treatment programs were underfunded in the community. Councilors thanked those who testified in the forum. Councilor Meisner thanked Judge Larson for his testimony, but raised concern that the City of Springfield and Lane County were not providing their share of funding for treatment programs in the area. Speaking to the question of forfeiture funds, Councilor Nathanson urge restraint in discussion during the night's meeting so that the issue could be discussed before late evening and people would stay to hear the discussion. She stressed that forfeiture money was just a reallocation of funds for the City and not new funds coming in. She added that Eugene already donated double the amount of funding for social services than either Springfield or Lane County. II.CONSENT CALENDAR A. Approval of City Council Minutes: November 13, 2001, Work Session November 13, 2001, Regular Session November 14, 2001, Work Session B. Approval of Tentative Working Agenda C. Approval of Community Development Block Grant (CDBG) Funding for Child Advocacy Center D. Approval of Neighborhood Matching Grants Fall 2001 Projects E. Resolution 4695: A Resolution Authorizing the City Manager of the City of Eugene to Execute and Endorse an Amendment to the Agreement with the League of Oregon Cities Governing the League Status as a Unit of Local Government, Similar to Other Cooperative Intergovernmental Agencies in Which Cities Create and Participate MINUTES--Eugene City Council December 10, 2001 Page 2 Regular Session F. Exemption from Competitive Bidding for Banking Services Councilor Taylor, seconded by Councilor Kelly, moved to approve the items on the Consent Calendar. Councilor Bettman pulled item D. Councilor Bettman offered a correction to the November 13 work session minutes. She noted that on packet page 51 "committees and committees" should read "committees and commissions." Councilor Kelly offered a correction to the November 13 regular session minutes. On packet page 60 he suggested changing "result of the..." to "assessment proposal resulting from the committee." For the minutes of November 14, Councilor Kelly suggested that "sides" should be changed to "diameter" on packet page 69. On the same page, in the last line, he suggested changing "proposed nodes" to "nodal style development examples." Roll call vote; the motion, including the amended minutes, and excepting Item D, passed unanimously. Regarding Item D, Councilor Bettman said it was premature to permanently reduce the allocation for Neighborhood Matching Grants Program before the outreach process. Councilor Bettman, seconded by Councilor Kelly, moved to amend the motion by changing the duration to one year and to re-evaluate the program in 2003. In response to a question from Councilor Kelly regarding whether part of the function of outreach could encourage applications that would match CDBG requirements, Planning and Development Department staff Beth Bridges said she could imagine it but added she was not certain that outreach would have that kind of an impact in fiscal year 2003 (FY03), which was the intent of the request. In response to a question from Councilor Bettman regarding whether the allocation would go back to its original amount after FY03, Ms. Bridges said it would not be an automatic allocation since the CDBG Advisory Committee set the funding level for its programs annually. City Manager Jim Johnson recommended a motion that would allow staff to return at a later date for more direction. Councilor Bettman, with the permission of her second, withdrew her motion. Councilor Bettman, seconded by Councilor Kelly, moved to amend the motion to approve by directing staff to return to the council, prior to reallocation of Neighborhood Matching Grants funding. In response to a question from Councilor Pap~ regarding what the effect of the new amendment would be, City Manager Johnson said it would be a funding reduction for FY03 and staff would return for council direction before FY04. MINUTES--Eugene City Council December 10, 2001 Page 3 Regular Session The amendment vote resulted in a 4:4 tie. Mayor Torrey voted in support of the amendment. The amendment passed, 5:4; councilors Pap~, Fart, Meisner, and Nathanson voting in opposition. Item D, as amended, passed unanimously. With general consent from the council, Mayor Torrey moved Item XI forward to Item III on the agenda so that the public would not have to wait until a late hour to hear council discussion on the matter. III.ACTION: An Ordinance Concerning Forfeiture and Amending Sections 4.245, 4.247, 4.251, 4.253, and 4.255 of the Eugene Code, 1971 City Manager Johnson asked the council to consider Council Bill 4772, an ordinance concerning forfeiture, and amending sections 4.245, 4.247, 4.251, 4.253, and 4.255, of the Eugene Code, 1971. Councilor Taylor, seconded by Councilor Kelly, 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 Kelly, seconded by Councilor Bettman, moved to amend the motion by changing proposed subsection 3 of the ordinance to provide the following language: "For fiscal year 2002, as authorized by State law, forfeiture funds deposited in the general fund of the City need not be used exclusively for drug treatment, but may be used for all purposes except law enforcement purposes. For fiscal year 2003 and thereafter, forfeiture funds deposited in the general fund of the City shall be used exclusively for drug treatment for residents of the City of Eugene." Councilor Kelly noted that the adopted budget for FY02 assumed the funds would be deposited in the General Fund and therefore his amendment would avoid redirecting funds in the middle of a fiscal year. He commented that, in light of the disparity in funding allocations to human services between Eugene and the County, there was language that, following FY02, the funding be used solely by the residents of Eugene. Councilor Nathanson expressed a desire to comply with the intent of the voters but allow a mechanism for the Budget Committee process to examine Eugene's total contribution to human services and determine what level of funding would be provided in a given year. Councilor Pap~ questioned whether the ordinance was an appropriate mechanism for funding drug treatment. He noted that programs paid for by the General Fund had service profiles so that performance could be measured. In response to a question from Councilor Pap~ regarding whether performance measures could be built into an ordinance passed that evening, City Manager Johnson said they could. MINUTES--Eugene City Council December 10, 2001 Page 4 Regular Session Councilor Bettman said she would support Councilor Kelly's amendment. She said that it would be in keeping with the intent of the voters. Councilor Meisner raised concern over cutting other important social services to pay for drug treatment. He said the money to pay for drug treatment would have to be taken out of the annual contribution to human services. Councilor Nathanson reiterated that the funds directed toward treatment programs should count toward the total human services contribution and not be supplementary to that contribution. Councilor Rayor, seconded by Councilor Meisner, moved to amend the amendment by adding a sentence to the amendment saying: 'Forfeiture money shaft be counted towards Eugene's total contribution to Human Services Commission funding, not as a supplement." Councilor Rayor said the money was human services funds being earmarked for specific services instead of going through the usual process. Councilor Bettman did not support Councilor Rayor's amendment because it mandated a reduction in contribution to the Human Services Commission. She stressed there was a huge need for social service dollars and added that supporting social services was a public safety issue. Councilor Pap~ disagreed that the amendment to the amendment mandated a reduction in social service dollars contributed to the Human Services Commission. He noted that the Budget Committee had no caps set on its allocation to social services. Councilor Meisner supported the amendment to the amendment. He said the council would be making a choice that it would prioritize drug treatment above other social service programs. He noted that Eugene already supported far more than its share of social services. Councilor Kelly would not support Councilor Rayor's amendment because it placed overly narrow parameters on the Budget Committee. Councilor Nathanson supported the amendment to the amendment. She stressed the need to provide real and lasting assistance rather than continuing to provide emergency assistance over and over. Mayor Torrey clarified with legal counsel that the amendment called for all forfeiture money, from FY03 onward, would be used for drug treatment programs. He noted that the amount of the contribution to the Human Services Commission for the next budget cycle had not yet been determined. Roll call vote; the amendment to the amendment passed, 5:3; councilors Kelly, Bettman, and Taylor voting in opposition. Speaking to the amendment, Councilor Taylor said that the proposed ordinance was not the mechanism to use for funding. She said that funding for treatment should be set aside annually as a budget matter. MINUTES--Eugene City Council December 10, 2001 Page 5 Regular Session Councilor Bettman said she would support the amendment but raised concern over the budget committee processes of Springfield and Lane County. She suggested that due to prevailing council sentiment the amendment would likely result in an overall decrease in drug treatment dollars at a time when the economy was in a slump and such services were needed more than ever. She urged those who testified during the public forum and public hearings to keep up the pressure during the various budget committee processes. Councilor Pap~, seconded by Councilor Fart, moved to call the question. Roll call vote; the motion passed, 7:1; Councilor Taylor voting in opposition. Roll call vote; the amendment passed, 7:1; Councilor Taylor voting in opposition. Councilor Taylor moved to amend the motion by allocating $100,000 from the General Fund for drug treatment. There was no second. Roll call vote; the main motion passed unanimously. City Manager Johnson asked the council to consider Council Bill 4772 by number only. Councilor Taylor, seconded by Councilor Kelly, moved that the bill be approved and given final passage. Roll call vote; the motion passed, 7:1; Councilor Taylor voting in opposition, and became Ordinance No. 20242. IV. PUBLIC HEARING AND ACTION: Resolution 4696 Adopting a Supplemental Budget; Making Appropriations for the City of Eugene for the Fiscal Year Beginning July 1, 2001, and Ending June 30, 2002 Mayor Torrey opened the public hearing. Seeing no one wishing to speak, he closed the public hearing and called for council questions/comments. Councilor Taylor, seconded by Councilor Kelly, moved to approve Resolution 4696 adopting a supplemental budget; making appropriations for the City of Eugene for the fiscal year beginning July 1, 2001, and ending June 30, 2002. Roll call vote; the motion passed unanimously. Mayor Torrey adjourned the meeting of the Eugene City Council and called to order a meeting of the Urban Renewal Agency. V. MEETING OF THE URBAN RENEWAL AGENCY OF THE CITY OF EUGENE; PUBLIC HEARING AND ACTION: Resolution 1017 Adopting a Supplemental Budget; Making Appropriations for the Urban Renewal Agency of the City of Eugene for the Fiscal Year Beginning July 1, 2001, and Ending June 30, 2002 Mr. Torrey opened the public hearing. Seeing no one wishing to speak, he closed the public hearing and called for member comments/questions. MINUTES--Eugene City Council December 10, 2001 Page 6 Regular Session Ms. Taylor, seconded Mr. Kelly, moved to approve a resolution adopting a supplemental budget; making appropriations for the Urban Renewal Agency of Eugene for the fiscal year beginning July 1, 2002, and ending June 30, 2002. Roll call vote; the motion passed unanimously. Mr. Torrey adjourned the meeting of the Urban Renewal Agency and re-convened the meeting of the Eugene City Council. VI.PUBLIC HEARING AND POSSIBLE ACTION: An Ordinance Amending the Whiteaker Plan Land Use Diagram to Redesignate Old Fire Station #2 (Map 17-04-25-41, Tax Lot 1500) from Government and Education to Mixed Use and Rezoning the Property from PI, Public Land, to S-w, Whiteaker Special Area Zone with Sr, Site Review Overlay Zone Jim Croteau of the Planning and Development Department said the Planning Commission held a public hearing on November 13, 2001, and was recommending, by a unanimous vote, that the amendment and the zone change be approved. In response to a question from Councilor Bettman regarding the most likely use of the building, Mr. Croteau said he had no opinion but noted that the applicant had some inquiries from both commercial interests and non-profits. Mayor Torrey opened the public hearing. Seeing no one wishing to speak, he closed the public hearing and called for council comments/questions. Councilor Meisner noted that he had chaired the group that wrote the Whiteaker Plan. With respect to the site, he said that, at the time, it had not been contemplated that its use would change so it had not been discussed. He said the area was surrounded by commercial, industrial, and mixed density residential and was a great site for mixed use. City Manager Johnson asked the council to consider Council Bill 4774, an ordinance amending the Whiteaker Plan Land Use Diagram to redesignate Old Fire Station #2, (Map 17-04-25-41, Tax Lot 1500), from Government and Education to Mixed Use and rezoning the property from PL, Public land to S-W, Whiteaker Special Area Zone with SR, Site Review Overlay Zone. Councilor Taylor, seconded by Councilor Kelly, moved that the bill, with unanimous consent of the council, be read a second time and that enactment be considered at that time. Roll call vote; the motion passed unanimously. City Manager Johnson asked that the council consider Council Bill 4774 by number only. Councilor Taylor, seconded by Councilor Kelly, moved that the bill be approved and given final passage. Roll call vote; the motion passed unanimously, and became Ordinance No. 20237. VII.PUBLIC HEARING AND POSSIBLE ACTION: An Ordinance Concerning the Land Use Code; Amending Sections 9.2175, 9.2750, and 9.2775 of the Eugene Code, 1971; Adopting a Severability Clause; and Providing an Immediate Effective Date MINUTES--Eugene City Council December 10, 2001 Page 7 Regular Session Teresa Bishow of the Planning and Development Department said the ordinance before the council was designed to achieve a more appropriate balance between the public benefits gained from the new standards in the code and the burdens placed on property owners. She said the most important aspect of the section of the ordinance dealing with large multi-tenant commercial standards was the standards applied to new commercial developments that fit the definition of new and multi-tenant. Regarding residential flag lot standards, Ms. Bishow said the ordinance was intended to "grandfather in" and recognize the vesting rights of property owners of flag lots that had obtained final plat or legal lot status as flag lots as of the effective date of the updated land use code. Ms. Bishow clarified that the setbacks and height standards did not apply to flag lots created before August 1, 2001. Mayor Torrey opened the public hearing. Pete Forsman, 1672 Gilham Road, thanked the council for its decision on special setbacks and height restrictions on flag lots. He said the council's unanimous decision to not apply the restrictions to existing lots and direction for further study the suitability of the restrictions was correct and sensible. He recommended that the grandfather date of the ordinance be set to August 1, 2002, so that those with applications pending could still go through. Mike Gansen, Gansen Construction, requested moving back the grandfather date for flag lots to August 1, 2002. He said, often times, applications took as long as 18 months to complete and needed to be handled with the codes that were in existence at the time the application was submitted. Roxy Cuellar, Home Builders Association, requested the grandfather date for flag lots be moved to August 1, 2002. She noted that there were flag lot applications that were still pending that predated the adoption of the Land Use Code Update. She raised concern over too much regulation in the new code that was creating more problems than it solved. Mayor Torrey closed the public hearing. In response to a question from Councilor Nathanson regarding whether the August 1, 2002, date was based on solid data, Ms. Bishow said there were two reasons: 1. There was a reasonable expectation that the council could hear the recommendation of the Planning Commission regarding its re-evaluation of flag lot standards and could establish improved flag lot standards by that date. 2. There was merit in the assumption that some applicants had submitted applications before the adoption date of the new code and were unaware of new standards. Ms. Bishow said December 31, 2001, would be a date that would allow eight to ten flag lots currently under review to receive final plat or legal lot status. Councilor Kelly said he was not in favor of extending an effective date before hearing any new Planning Commission recommendations. MINUTES--Eugene City Council December 10, 2001 Page 8 Regular Session Councilor Bettman said there would be a rush of new applications if the date were extended until August 1, 2002. Councilor Pap~ suggested going back to application submission dates rather than August 1, 2001. In response to a question from Councilor Taylor regarding what would happen if the Planning Commission recommended changes to the code, Ms. Bishow said a possible result was that the grandfather clause could be eliminated all together. In response to a question from Councilor Rayor regarding the actual number of flag lots that were currently in the process of approval, Ms. Bishow said there were approximately 25 lots in the process and added that half of them were in subdivisions. City Manager Johnson asked the council to consider Council Bill 4775, an ordinance concerning the Land Use Code; amending sections 9.2175, 9.2750, and 9.2775 of the Eugene Code, 1971; adopting a severability clause; and providing an immediate effective date. Councilor Taylor, seconded by Councilor Kelly, moved that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at that time. Councilor Bettman, seconded by Councilor Rayor, moved to delete Section 1 from the ordinance and the corresponding provision from the title of the ordinance. Councilor Bettman requested that, in the future, two different issues be separated into two different ordinances. In response to a question from Councilor Kelly regarding whether there would be a way to deal with the deleted section of the ordinance if the amendment passed, Glenn Klein said that it would have to be brought back to the council as a separate ordinance. Councilor Kelly said he would vote against the amendment but suggested that Councilor Bettman make a subsequent amendment to change Section 1 to something she could vote for. Roll call vote; the amendment failed, 6:2; councilors Bettman and Taylor voting in favor. Councilor Bettman moved to amend the motion by changing Section 3 of the ordinance to revise Section 9.2775(b)'s last sentence to read: "...these setbacks and height standards do not apply to flag lots that have received tentative plan approval by August 1, 2001 ." Councilor Bettman said that the amendment was a reasonable compromise to get the applications that were waiting through the system. Roll call vote; the amendment passed unanimously. MINUTES--Eugene City Council December 10, 2001 Page 9 Regular Session Councilor Bettman, seconded by Councilor Kelly, moved to amend the motion by changing the commercial zone development standards to two or more new buildings on a development site. Councilor Bettman said that three or more new buildings constrained the new code provision so that it would hardly ever apply. She said it was mitigated in that it was limited to the portion of the development site specifically affected by the new buildings. Councilor Nathanson noted that the council had previously discussed the issue and observed that the majority of the council were not interested. Councilor Nathanson, seconded by Councilor Fart, moved to close debate. Councilor Kelly said it was unfortunate to rely on parliamentary procedure to close debate. He said it was not in the historic spirit of the council. Roll call vote; the motion, requiring six votes, failed, 5:3; councilors Bettman, Taylor and Pap~ voting in opposition. Roll call vote; the amendment failed, 5:3; councilors Bettman, Kelly, and Meisner voting in favor. Councilor Bettman said she would vote against the motion because she was against the commercial standards that were included with flag lot standards. Roll call vote; the main motion passed unanimously. City Manager Johnson asked council to consider Council Bill 4775 by number only. Councilor Taylor, seconded by Councilor Kelly, moved that the bill be approved and given final passage. Roll call vote; the motion passed, 6:2; councilors Bettman and Taylor voting in opposition, and became Ordinance No. 20238. VIII.PUBLIC HEARING AND ACTION: An Ordinance Concerning Election of Officers, Amending Section 2.966 of the Eugene Code, 1971; and Providing an Immediate 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. City Manager Johnson asked the council to consider Council Bill 4776, an ordinance concerning election of officers, amending Section 2.966 of the Eugene Code, 1971; and providing an immediate effective date. Councilor Taylor, seconded by Councilor Kelly, 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. MINUTES--Eugene City Council December 10, 2001 Page 10 Regular Session City Manager Johnson asked the council to consider Council Bill 4776 by number only. Councilor Taylor, seconded by Councilor Kelly, moved that the bill be approved and given final passage. Roll call vote; the motion passed unanimously, and became Ordinance No. 20239. IX.ACTION: Technology Improvements at the New Main Library Councilor Taylor, seconded by Councilor Kelly, moved to direct the City Manager to include in Supplemental Budget #2 funding for technology for the new Library of $150,000 to come from interest earnings on the Library Construction Funds; and to include in the FY03 proposed budget funding for additional technology of $800,000 from Urban Renewal Agency funds. Councilor Kelly raised concern over the proposal. He noted that the June agenda item summary said the Phase I system proposed in the staff summary would be compatible with an automated sorting system that could be added at any time. He added that the summary said the library would be able to maintain at least current turnaround time. Connie Bennett of the Library, Recreation, and Cultural Services Department said that the main change was the advent of Radio Frequency Identification (RFID) which, in combination with the Tech Logic system, would allow for a much more efficient operation of the second phase. She said it would be beneficial to install the system while the new library was still under construction rather than incurring downtime to install it at a later date. She added that the manufacturer was offering significant discounts on the system if purchased before December 28, 2001. She concluded that it would be cost-beneficial to get the system installed without having to run a dual system. Councilor Rayor noted that he had voted against Phase I. He said he was feeling very nervous about the library system. He stressed the expense of the equipment being asked for in a sudden way. He raised concern that the library staff was not giving the council the whole picture. In response to a question from Councilor Pap~ regarding whether the system was working in other libraries, Ms. Bennett said that the proposed system was being used in other libraries and she thought that it was the direction that the Eugene Library should be going. Councilor Pap~ commented that the payback period was three years, which was a good return on the money invested. Councilor Bettman said she was unclear on the cost/benefit analysis. She said she needed to see the total cost of the system, operating costs, anticipated breakdowns, ongoing maintenance charges and replacement charges. She said she was in favor of saving the City money. She suggested delaying the motion to get more information. In response to a question from Councilor Meisner regarding the reason the Library staff wanted to act now, Ms. Bennett reiterated that there was an agreement with the manufacturer for a substantial discount on the system if a contract were made prior to December 28, 2001. She said the discount amounted to over $130,000. She stressed that staff had worked very hard with Tech Logic to get a good service package. She said the price was as Iow as was realistic for the time. MINUTES--Eugene City Council December 10, 2001 Page 11 Regular Session Councilor Meisner stressed that Ms. Bennett had been working very hard as Library Director. He added that there would be very substantial staff cost savings to the library by installing the proposed system. He went on to say that the equipment installed would also play a role in improving library security. He noted that it would be a great opportunity to install the system while the main building was still being constructed. Councilor Meisner raised concern that the level of detail being asked for was too much. He raised the question of whether other items were examined with the same level of detail. He stressed that the request was submitted with a unanimous recommendation from the Mayors Library Improvement Committee and from the policy group overseeing the new library. Councilor Fart concurred with Councilor Meisner. He stressed that the proposed system was a good investment and urged the council to make its vote. Mayor Torrey called for tracking of FTE savings that the system would enable. Councilor Rayor raised concern that more and more things would be asked for by the library. In response to a question from Councilor Kelly regarding whether installation of the proposed system would delay the opening of the new main branch of the library, Ms. Bennett said the opening would not be delayed and added that there would be ample time for testing the system before the new facility opened. In response to a question from Councilor Kelly regarding how many other libraries were using Tech Logic systems, Ms. Bennett said that she personally knew of five US libraries using the system in combination with RFID, and remarked that the system had been used in Europe for years. She added that the system was still new on the market and stressed its importance in improving library security. She commented that other libraries were actively pursuing the system. In response to a question from Councilor Bettman regarding what other uses the URA funds could be used for, City Manager Johnson said those funds were specifically for the library. Ms. Bennett added that the current request would be the last because Tech Logic only had two phases. In response to a question from Councilor Taylor regarding costs involved to maintain the system, Ms. Bennett said regular daily maintenance monitoring by library staff would take less than 30 minutes a day. She added that the manufacturer could do remote maintenance and also offered a extended warranty option. Ms. Bennett stressed that the proposed system was the most efficient way to run a library with a shrinking budget. Roll call vote; the motion passed, 5:3; councilors Kelly, Taylor, and Rayor voting in opposition. Councilor Fart left the meeting at 11:05 p.m. X.ACTION: An Ordinance Amending the Eugene-springfield Metropolitan Area General Plan, (Metro Plan), to Adopt a New Public Facilities and Services Element, Planned Public MINUTES--Eugene City Council December 10, 2001 Page 12 Regular Session Facilities Project Lists and Maps, and Related Changes to the Plan Text and Glossary; Adopting a New Eugene-Springfield Metropolitan Area Public Facilities and Services Plan as a Refinement Plan to the Metro Plan; Repealing Ordinance Nos. 19478, 19858, 19888, and 19873; Repealing Section 4 of Ordinance No. 20186 Adopted February 14, 2000; and Adopting a Severability Clause City Manager Johnson asked the council to consider Council Bill 4777, an ordinance amending the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) to adopt a new Public Facilities and Services Element, planned public facilities project lists and maps, and related changes to the plan text and glossary; adopting a new Eugene-Springfield Metropolitan Area Public Facilities and Services Plan as a refinement to the Metro Plan; repealing Ordinance Nos. 19478, 19858, 19888, and 19873; repealing Section 4 of Ordinance No. 20186 adopted February 14, 2000; and adopting a severability clause. Councilor Taylor, seconded by Councilor Kelly, moved that the bill, with unanimous consent of the council, be read a second time and that enactment be considered at that time. Councilor Bettman asked that the text of her questions to staff be incorporated into the meeting minutes: From Jim Croteau, Planning and Development Department To Bonny Bettman, City Council Subject: Questions about Public Facility Plan on 12/10 Council Agenda Bonny, here are the answers to the questions you raised about the Public Facility Plan packet that is scheduled for adoption tonight. You had questions about certain projects as noted below: Council Packet page 251, Table 1, Water System Improvements, Project 107, Greenhill/Airport mainline - This project would connect a new waterline (12 to 16-inch) between existing water lines on Barger and Airport Road. In talking to EWEB, this is a long term improvement to provide reliability and back-up. From what I know of water system planning, a looped water line system is very important especially for fire flow requirements. In case one side of the water system goes down, the other side of the loop can be used to continue reliable service. The long-term fire flow and water capacity needs of the airport dictate such a redundant water system. Council Packet page 253, Table 3, Wastewater System Improvements, Project 100, West Eugene Bypass (48-inch) - The wastewater system in the BetheI-Danebo area has been constructed in phases depending on development. Generally, development west of Beltline Road has proceeded from the north to the south. This planned wastewater line will link existing systems to provide complete sewer service coverage in the BetheI-Danebo area west of Beltline and inside the existing urban growth boundary. The service area of this line will be the Royal nodal development area. Council Packet page 257, Table 7, EWEB Planned Electrical Facilities, Project 2, 115KV Transmission Line - (two alternate routes) - This future project would link a new transmission line between the existing BPA Lane substation south of West 11th, with the EWEB substation site in Santa Clara on Irvington Road. Two alternate routes for this line are shown. The first route would MINUTES--Eugene City Council December 10, 2001 Page 13 Regular Session follow existing streets and roads between the two areas. The second would follow an existing BPA power/ine easement and some existing roads. The final determination for the route would be made when the project is scheduled. The fine is needed to accommodate planned electrical growth in the next twenty years within the existing EWEB electrical service area. You asked for clarification of the intent of the following new policy: Council Packet page 262, New policy 2. "The UGB shall lie along the outside edge of existing and planned rights-of-way that form a portion of the UGB so that the furl right-of-way is within the UGB." At the present time, the existing approved urban growth boundary (UGB) foflows roads in some cases. In these situations, the question has come up whether the UGB is located on the inside or outside of the road right-of-way and either includes afl of the road, a portion, or none of it. This policy was included in the draft Public Facility Plan to provide certainty to this situation. This policy cannot be used to expand the UGB by adding a new street outside the UGB and using this policy to move the boundary to the outside edge of a new street or road. It only applies to instances where the existing UGB is located on a road. In those cases, the UGB would foflow the policy and be located at the outside edge of the planned right-of-way or existing right-of-way, whichever is greater. I hope this answers your questions. Please give me a carl if you need any additional clarification. Roll call vote; the motion passed unanimously City Manager Johnson asked the council to consider Council Bill 4777 by number only. Councilor Taylor, seconded by Councilor Kelly, moved that the bill be approved and given final passage. Roll call vote; the motion passed unanimously, and became Ordinance No. 20240.. XI.ACTION: An Ordinance Granting to the Burlington Northern and Santa Fe Railroad a Non- exclusive Franchise to Use the Public Way to Construct and Maintain Private Commercial Facilities Within the City of Eugene City Manager Johnson asked the council to consider Council Bill 4778, an ordinance granting to the Burlington Northern and Santa Fe Railroad a non-exclusive franchise to use the public way to construct and maintain private commercial facilities within the City of Eugene. Councilor Taylor, seconded by Councilor Kelly, 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, and became Ordinance No. 2041. City Manager Johnson asked the council to consider Council Bill 4778 by number only. Councilor Taylor, seconded by Councilor Kelly, moved that the bill be approved and given final passage. Roll call vote; the motion passed unanimously. MINUTES--Eugene City Council December 10, 2001 Page 14 Regular Session XII.ACTION: An Ordinance Vacating a Portion of the Alley Right-of-way Located Between Hilyard Street and Alder Street, One-half Block South of East 11th Avenue City Manager Johnson asked the council to consider Council Bill 4779, an ordinance vacating a portion of the alley right-of-way located between Hilyard Street and Alder Street, one-half block south of East 11th Avenue. Councilor Taylor, seconded by Councilor Kelly, 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. City Manager Johnson commented that there was a letter in the meeting packet from PeaceHealth addressing concerns from council and added that a check in the amount of $85,000 had been received by the City. In response to a question from Councilor Bettman regarding whether the alley vacation would result in costs to the City, Planning and Development Department staff Gabe Flock said it would be premature to predict any costs the City would incur. Councilor Bettman said she would not support the ordinance if there were possible costs to the taxpayer. In response to a question from Councilor Kelly regarding what those possible costs would be for, Mr. Flock cited bike lane improvements and signage. City Manager Johnson added that the amount of money being discussed was very small. Councilor Rayor noted that the public hearing process had gone well. He said he would support the ordinance and suggested putting gates on the alley in question so that people would know it was now a private way. Councilor Taylor raised concern that it would be premature to approve the alley vacation when the benefit to the City had not yet been determined. Mayor Torrey commented that council was "beating the issue to death" and urged a vote. Councilor Bettman reiterated that no connection had been made between the alley vacation and City benefit. Roll call vote; the motion passed unanimously. City Manager Johnson asked council to consider Council Bill 4779 by number only. Councilor Taylor, seconded by Councilor Kelly, 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, and became Ordinance No. 20243. The meeting adjourned at 11:25 p.m. MINUTES--Eugene City Council December 10, 2001 Page 15 Regular Session Respectfully submitted, James R. Johnson City Manager (Recorded by Joe Sams) MINUTES--Eugene City Council December 10, 2001 Page 16 Regular Session