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HomeMy WebLinkAboutCC Minutes - 07/24/00 Meeting MINUTES Eugene City Council Regular Meeting Council Chamber--City Hall July 24, 2000 7:30 p.m. COUNCILORS PRESENT: Pat Farr, David Kelly, Scott Meisner, Gary PapS, Gary Rayor, Betty Taylor. COUNCILORS ABSENT: Bobby Lee, Nancy Nathanson. Mayor James D. Torrey called the meeting to order. I.PUBLIC FORUM Bobby Green Sr., 1754 North Danebo Avenue, spoke on the youth recreation program that would be going before the voters. He distributed information on the amounts of money the County had appropriated, over the last three years for youth programs. He noted that for FY2000 the budget was $109,000. Commissioner Green went on to say that the Lane County Board of Commissioners had made a commitment to the youth of the County. Citing the United States Basketball Academy as an example, he said that the County had appropriated $60,000 for that program. He noted that the County had also put up funding for Babe Ruth Park. He reiterated his support for the levy going forward. Ramer Holtan, 5003 East Mercer Way, spoke as a representative of the Eugene Speedway. He referred to a work session on July 17 and said that there had been some inaccurate information provided; namely that the owner of the speedway was going to sell the land to the Bureau of Land Management (BLM). He emphasized that he did not want the vote that would be taken later that evening to be based on misinformation. He said that owner had requested that BLM do an appraisal of the raceway. He said that the appraisal had not commenced and added that any discussion over a possible sale had also not yet commenced. Mr. Holtan said that a sale to BLM was just one of the many alternatives that the owner would consider. He reiterated that there was no deal as of that night. He stressed that access to the land was a critically important issue since it was approximately 18 acres of C-2 zoned uplands. He said that the proposal that was before the council would effectively land lock the raceway. Dave Ison, 601 Country Club Road, encouraged the levy for after-school programs. He stressed that there was a need in the community for the programs the levy would allow. MINUTES--Eugene City Council July 24, 2000 Page 1 Regular Meeting James Lemmon, 461 West Quinalt Street, spoke as a representative of LEAD (Leadership, Education, Adventure, Direction). He said that it was one of the few places where kids could get a second chance. Mr. Lemmon said that the levy would allow more programs like LEAD and urged the City Council to put the levy for youth programs on the ballot. Dustin Lemmon, 461 Quinalt Street, spoke as a representative of LEAD. He commented that there needed to be more programs with teens leading teens under adult supervision. He added that programs like LEAD helped develop social and practical skills and urged the council to put the youth program levy on the ballot. Charles Biggs, 2405 Willakenzie Street, urged the council not to approve the land bank site on Willow Creek. He stressed the need to build affordable housing immediately and not at an indefinite point in the future. He believed that appropriating Community Development Block Grant money for the Willow Creek land was a misappropriation of the land bank process. Mr. Biggs also remarked that the new Police Station Bond measure was the same as the one that failed with the exclusion of the fire facility. He said that it did not take future use and expansion of the police force into account. Art Pope, 2621 Augusta Street, spoke as the executive director of NorthWest Youth Corps. He spoke in favor of the levy for youth programs. He said that there was a tremendous demand for youth programs in the community and added that the levy would increase access for youth to get into programs. He commented that the levy was a progressive step. Toby Hill-Meyer, 637 East 39th Avenue, spoke as a representative of the Youth Advisory Council. He said that he had grown up in a system that was constantly underfunded. He urged the council to fund programs that were not sports oriented. He said that the sports programs needed to be funded as well, but stressed that not all kids were into sports. Misha Seymour, 1313 Lincoln Street, spoke against the council endorsement of the City Manager. He called for a citizen review board of for the police. He urged citizens to vote against the police bond measure. Jonathon Stafford, 437 East 11th Avenue, spoke as the Vice Chair of the New Library Advisory Committee. He said that the committee was making choices between greenness and functionality. He stressed that the design of the library was an integrated whole and changing the design of one area would alter other areas. Jim Hale, 1715 Linnea Drive, commented on the fact that the increased numbers of police were not taken into account in the calculations for a new police station so that it would reach capacity long before its 20 year projection. He said that the new building would be less than what was needed. He went on to say that a more fair measure for getting funds needed to be found. He asked Councilor Pap8 to comment on a potential conflict of interest regarding the proposed site for the new station. Mayor Torrey called for council response. MINUTES--Eugene City Council July 24, 2000 Page 2 Regular Meeting Councilor Rayor agreed that not every child was a "Kidsports kid." He stressed that the City needed to start focusing on programs that were not sports-oriented. Regarding the library, Councilor Rayor commented that cork could be used instead of artificial fibers for the flooring in the new library. Regarding the new police station location, Councilor Rayor stated his support for the location. He commented that the City offices were too spread out and stressed the importance for the City to have a civic center. Councilor Pap8 thanked Commissioner Green for his comments but expressed a desire to see the County to take the lead in youth programs so that the City would not have jurisdictional problems in letting Springfield kids come to Eugene programs and other similar problems. Councilor Pap8 stated that when the agenda item came up he would state his involvement in the location of the proposed police station site. Councilor Kelly said that the only remaining green building issue for the Library that he was aware of was whether to have carpeting in the children's area. Regarding the youth programs levy, Councilor Kelly expressed support for the measure but concern over the funding. He commented that the levy was only good for two years and that additional ways of funding needed to be found. He complimented Youth Corps on its activities. II.CONSENT CALENDAR: A. Approval of Minutes; June 19, 2000 Work Session; June 21, 2000 Work Session, and June 26, 2000 Work Session. B. Council Funding Request to Support the Downtown Services District. Councilor Taylor, seconded by Councilor Farr, moved to approve the items on the Consent Calendar. Councilor Kelly offered a correction to the work session minutes of June 19, on page 4. He commented that he was listed as seconding his own amendment and noted that Councilor Taylor had seconded it. Regarding page 3 of the worksession minutes of June 21, Councilor Kelly suggested changing "due cause" to "show cause hearing". Councilor Rayor pulled Item B from the consent calendar. Roll call vote; Item A of the Consent Calendar passed unanimously, 6:0. MINUTES--Eugene City Council July 24, 2000 Page 3 Regular Meeting Councilor Rayor commented that Item B had no specific motion. He said that the council had never finished the discussion of the precedent set by the motion. He also said that the discussion had not been finished over the earmarking of funds. City Manager Johnson said that there was a suggested motion on page 56 of the council packet. He said that the motion to approve the Consent Calendar would signify approval of the suggested motion for Item B. Regarding the earmarking of funds for the Downtown Services District, City Manager Johnson said that there had been no specific direction from the council on what the funds would be used for. He said that the funds were to be used in a general manner to help support the district. He remarked that if the Council wanted to change they should have another discussion. Councilor Kelly commented that the City, as a user of downtown space, should be participating in the district, and that he did not have a problem with funds generally applied to that district. Roll call vote; Item B of the Consent Calendar passed unanimously, 6:0. III.PUBLIC HEARING: An Ordinance Vacating Improved Portions of Commerce Street and West 13th Avenue in the West Park Commercial Center Subdivision; and Providing an Effective Date Councilor Rayor raised the question of why 13th Avenue was being vacated. He also questioned whether the City should be transferring ownership of public property for no cost. He said that he understood the economics of the situation and suggested a cost of one dollar. Mayor Torrey opened the public hearing. Scott Goebel 1762 West 2nd Avenue, spoke as the property owner's representative. He supported the staff recommendation. He made himself available for any questions from the City Council. Randall Cuddeback, 2205 Lorane Highway, also offered to answer any questions that the council might have. Mayor Torrey closed the public hearing and asked for questions/comments from the council. In response to Councilor Rayor's questions, Gabe Flock, Planning and Development Department, said that the applicant had agreed to provide for the cost of relocation. He said that Section 3 of the draft ordinance stated that the ordinance would not become effective until the applicant had submitted a replat of the West Park Commercial Subdivision that provided sufficient right-of-way, including street and utility improvements, for relocation of Commerce Street between West 11th and West 13th avenues and the City approved the replat and recorded it with the County. He said that the language of the ordinance could be reworded to address Councilor Rayor's concerns. Mr. Flock went on to say that there were several factors that prevented the extension of 13th Avenue to the west across Willow Creek and into the Speedway site. He said that there were protected wetlands that extended into the subject property. He said that Willow Creek was also MINUTES--Eugene City Council July 24, 2000 Page 4 Regular Meeting protected under the West Eugene Wetlands Plan and had waterside protection overlay zoning. He noted that the area also contained rare plants. Calling attention to Exhibit 6, page 85 in the council packet, Mr. Flock said that the site would have legal street frontage. In response to a question from Councilor Rayor regarding the status of Tax Lot 800, Mr. Goebel said that the land in question was one lot. He commented that there had been many lot line adjustments prior to the platting of the West Park Commercial Center, and that might account for the appearance that the land was divided into more than one lot. Councilor Rayor commented that the ordinance language needed to account for the movement of water utilities as well as electrical. City Manager Johnson said staff's understanding was that the words "utility improvements" included the full cost of all utility improvements. He noted that this was also legal counsel's understanding, as well as the applicant's. Councilor Rayor expressed a desire to make the language of the ordinance more clear. City Attorney Glenn Klein said that he would come back with clearer wording when the council took action on the item. Councilor Kelly agreed that specificity of language was needed in the ordinance. He said that he was comfortable with the rest of the ordinance as it was presented by staff. IV. PUBLIC HEARING: An Ordinance Concerning the Collection of Yard Debris and Amending Section 3.270 of the Eugene Code, 1971 Councilor Pap8 recused himself from the public hearing due to a conflict of interest. Mayor Torrey opened the public hearing. John Hire, 3935 Spring Boulevard., said that the staff proposal and councilor discussion had addressed the haulers' concerns and the staff recommendation reflected that. He supported the ordinance as recommended by staff. He urged the council to keep the exemptions narrow and simple to avoid costly complications. He also encouraged the start date to be in July 2001. He said that starting in a slower season would work out any "bugs" in the new service. Mayor Torrey closed the public hearing and called for questions/comments from the council. Councilor Kelly expressed his support for the program. He said that the program start date was not in the ordinance so that Mr. Hire and staff could work together on that issue. He said that the biggest issue for him was exemptions. He said that he would rather have an exemption based on need. Councilor Kelly raised concern that there was no language written in the ordinance regarding exemptions. He noted that exemptions were left entirely to administrative rule. He stressed the MINUTES--Eugene City Council July 24, 2000 Page 5 Regular Meeting importance of appropriate public oversight and called for language regarding exemptions in the ordinance. He said that method of exemption could be left to administrative rule. Councilor Meisner stated his enthusiastic support for the ordinance. V. ACTION: A Resolution Calling a City Election on November 7, 2000, for the Purpose of Referring to the Legal Electors of the City of Eugene a Measure Authorizing the Issuance of a Maximum of $25.12 Million of General Obligation Bonds for Construction of and Improvements for New Police Facilities and for Site Acquisition, Design and Initial Construction Costs for a New Fire Station. Mayor Torrey pointed out that Councilor Nathanson, who was unable to attend, was not against the vote being taken in her absence, but said that she would have voted in support of the resolution had she been present. Councilor Taylor, seconded by Councilor Farr, moved to approve Resolution 4641, calling a City election on November 7, 2000, for the purpose of referring to the legal electors of the City of Eugene a measure authorizing the issuance of a maximum $25.12 million of General Obligation bonds for construction of and improvements for new police facilities and for site acquisition, design, and initial construction costs for a new fire station. Addressing the question of a possible conflict of interest on the item, Councilor Pap8 clarified with the City Attorney that he did not have a potential conflict of interest in the agenda item. Councilor Rayor, seconded by Councilor Kelly, moved to amend the motion by amending Section One of Resolution 4641 by inserting the word "downtown" between the words "new and police," in the first sentence, and adding the following sentence at the end of the paragraph: "Any bond proceeds not used for the costs of capital construction and improvements for new downtown police facilities shall be used for costs for capital construction and improvements for a new downtown fire station." Councilor Rayor said that the intent of the amendment was to specify that the funds used were for a downtown station and to also tell the public that, if there was money left, it would be earmarked for construction of a new Fire Station. He stressed the importance of the public knowing that bond money was spent as economically as possible. In response to a question from Councilor Pap8 regarding whether it was required to issue all the bonds that were authorized, City Manager Johnson said that bonds were usually sold all at one time. He said that the council would have the option to vote to do exactly what Councilor Rayor was suggesting. Roll Call vote; the amendment passed 5:1 with Councilor Pap8 voting in opposition. Councilor Meisner supported the resolution. Responding to Mr. Hale's comments in the public forum, he said that the bond was for a reduced amount that would pay for a smaller facility than MINUTES--Eugene City Council July 24, 2000 Page 6 Regular Meeting was originally planned. He stressed that it was the intention of the council to come up with other funding to add to the bond measure to complete the full 20-year build-out. Councilor Kelly said that he would vote against the resolution. He said that he had supported the May measure that failed. He noted that although Councilor Meisner had stated the expectation of finding funding to add to the bond measure to complete the full build-out he did not have anything on paper in front of him and so was not going to support the new proposal. He commented that the new proposal was a less efficient use of tax dollars. Councilor Kelly raised concern that a downtown police station measure would not pass in November and suggested that a fire station measure would pass. He said that he would rather have one measure pass than neither of the two. Councilor Rayor supported the measure because he thought the cost would be less than what the planners anticipated. He commented that the new proposal called for a facility that was 38,000 square feet larger than the current facility. Councilor Taylor said that she would vote against the resolution. She said that it was planned too soon after the last bond was defeated by the voters. She commented that the new proposal was too rushed and needed more planning about space. She added that a fire station measure should be put to the voters first since it would be a smaller bond. Councilor Pap~ supported the resolution. He said that it should have been started ten years ago. He added that it would be irresponsible for the council to vote against it. He stressed that both facilities were needed. He commented that the weaknesses of the former measure had been addressed. Councilor Pap~ clarified with City Manager Johnson that the building would be designed so that additions could be made later. Mayor Torrey commented that a new fire station was needed in Eugene. He said the current resolution went a long way toward ensuring that a new fire station would happen since it provided a site and initial funding for the station. Roll call vote; the main motion, as amended, passed 4:2, with councilors Kelly and Taylor voting in opposition. Mayor Torrey noted that both councilors Lee and Nathanson had indicated that they would have voted for the resolution if they had been present. VI.ACTION: a Resolution Calling a City Election on November 7, 2000, for the Purpose of Referring to the Legal Electors of the City of Eugene a Measure Authorizing a Two- Year Local Option Levy for the Funding of Neighborhood-Based Community After- School Programs Councilor Taylor, seconded by Councilor Fart, moved to approve Resolution 4642 calling for a City election on November 7, 2000, for the purpose of referring to the legal electors of the City of Eugene a measure authorizing a MINUTES--Eugene City Council July 24, 2000 Page 7 Regular Meeting two-year local option levy for the funding of neighborhood based, community based after school programs. Councilor Rayor raised concern over how the residents of the River Road area could participate in the City program. He was not in favor of denying them the same service. Councilor Rayor also stressed that he would watch very carefully that most of the money be spent on non-team sport activity. He said that there were youths who were not interested in sports activities. City Manager Johnson said that staff would show how the money was distributed. Councilor Meisner said that he had already stated for the record that he would vote for putting the resolution on the ballot. He raised concern about having both the after-school programs and the police station measures on the November ballot. He also raised concern that the City was creating a service that would only last two years and that the City could not independently maintain after that time. He stressed the need for a sustainable funding source tied to a new district. He said that a recreation services district that encompassed the 4J, Bethel, and Springfield school districts would be a great program. Councilor Taylor agreed with Councilor Meisner's concerns over the funding source. She expressed a desire to see the programs done by encompassing school districts or the entire county and not just the City of Eugene. In response to a question from Councilor Pap8 regarding the definitions of some of the after- school programs, City Manager Johnson said that staff work presented in the work session outlined the kinds of activities. He added that more detail would be forthcoming in any request for proposals that were issued. Councilor Pap8 noted that the intent was not just for after school but for any time that school was in session. He suggested being clearer in the wording so that the public was not mislead. City Attorney Glenn Klein said that it would be explained in the ballot title so that people would understand that the intent was for before or after school and during the summer months. He said that the ballot title would reflect the broader program. Councilor PapS, seconded by Councilor Taylor, moved to amend the resolution by changing the language in Section 4 of the resolution to read; "neighborhood based community programs during nonschool hours." Roll call vote; the motion passed unanimously. Councilor PapS, seconded by Councilor Rayor, moved to amend the motion to include only youth who were residents of the City of Eugene. Councilor Rayor commented that it was a shame but that the voters of Eugene needed to be protected from having to support nonresidents. He stressed that outlying areas needed to be included through the County or needed to be charged separately. Councilor Kelly supported the amendment in concept. He suggested that the amendment note that only Eugene citizens would be served to the extent practicable. MINUTES--Eugene City Council July 24, 2000 Page 8 Regular Meeting City Manager Johnson agreed with Councilor Kelly that it would be difficult, from a practical point of view, to deliver services to only Eugene residents. He suggested adopting the resolution as it was currently, and then have a separate motion to direct staff to do all things necessary and appropriate to address the issues that the council had raised. City Attorney Klein recommended that should the amendment pass, the council at that point postpone the item until the next council meeting so that he could talk to staff about the ramifications of the amendment. He explained that putting the amendment into the resolution would make things much more complicated. Councilor Kelly said that, given the comments of the City Manager and the City Attorney, he would oppose the motion to amend. Mayor Torrey said that the amendment was a bad step. He said that the 4J and Bethel school districts served kids from outside the city. He said that since their properties were being used, he did not think that they could preclude youths who were not citizens of Eugene. He said that the idea was to create a safe place for kids to be. He said that the citizens of Eugene wanted the City to provide services for children, not exclude youths because they lived outside city limits. Councilor Pap~ thanked the Mayor for his comments. He raised the question of how the City was going to pay for the programs after the initial two years. He said that jurisdictional boundaries acted in an exclusionary manner. He suggested that the school districts should be the participants regardless of the City boundaries. He urged Lane County and Springfield to help fund the program so that it could be more inclusionary for youth in outlying areas. Councilor Pap~, with the concurrence of his second, withdrew the motion to amend. Speaking to the main motion, Councilor Meisner raised concern that the City would be the only service provider for the program and stressed the need for finding other sources of funding. Councilor Meisner was in favor of the idea of a separate motion raised by City Manager Johnson. He agreed with everything the Mayor said but stressed the importance of paying attention to his voters. He said that the perception of Eugene being the only service provider for the program would get in the way of its passage by the voters. Councilor Rayor said that both the police station and youth program measures worked toward the goal of public safety and were necessary for the Eugene Metro area. He urged support of the resolution. In response to a question from Councilor Kelly regarding a timeline for ballot title wording, City Attorney Glenn Klein said that, if the council adopted the resolution that evening, under the code he had five business days to draft the ballot title. Councilor Kelly reiterated the comments of Councilor Meisner regarding the desire to see other funding for the programs and the creation of a special district that would include the 4J, Bethel, and Springfield school districts. Councilor Kelly expressed a desire to see a list of programs that would be allowed by the passage of the measure. He suggested a tabloid in the newspaper. MINUTES--Eugene City Council July 24, 2000 Page 9 Regular Meeting Councilor Pap~ stated that he was very pro youth and would support the motion. He expressed a hope that the levy would not affect the passage of the downtown police station bond. He reiterated the need for help from other intergovernmental agencies so that the program could be extended beyond two years. Mayor Torrey said that, when at a subcommittee meeting of the National Conference of Mayors in Chicago, he had talked, at length, about the gap analysis done in the City of Eugene. He said that a number of mayors from around the country had been interested. He opined that the proposed program was a trailblazing effort. Roll call vote; the motion passed unanimously, 6:0. Mayor Torrey noted that both councilors Lee and Nathanson had indicated that they would have voted for the resolution had they been present. Councilor Kelly moved that the City Manager explore mechanisms such that youth programs, that are paid for with City funds, serve only City residents. The motion died for lack of a second. Councilors took a five-minute break. Councilor Kelly, seconded by Councilor Pap~, moved that the City Manager prepare an informational tabloid on both November measures for the voters, similar in format and expense to the Parks and Open Space tabloid. Councilor Taylor opposed the motion. She said that City money did not need to be spent for a tabloid when the media would cover the measure adequately. Councilor Meisner disagreed and stressed the need for the city to provide specifics about the measure. He stated his support for the motion. Councilor Rayor did not support the motion. He commented that a tabloid could not be done since there was no way to know how the money would be distributed yet. Councilor Kelly commented that he did not see another way to describe the types of programs being offered. Roll call vote; the motion passed, 4:2 with councilors Taylor and Rayor in opposition. Councilor Kelly, seconded by Councilor Meisner, moved to direct staff to return to the council with suggestions for how the spending of local option levy money can be limited to the children of City of Eugene taxpayers. Roll call vote; the motion passed, 4:2; with Councilors Taylor and Fart voting in opposition. VII.ACTION: Approval of Funding for Low-Income Housing Developments MINUTES--Eugene City Council July 24, 2000 Page 10 Regular Meeting Councilor Taylor, seconded by Councilor Farr, moved to approve the housing development activities recommended by the Housing Policy Board and described in the council briefing statement. Roll call vote; the motion passed unanimously, 6:0. VIII.ACTION: An Ordinance Delegating to the City Manager Authority to Add Additional Chemicals to the List of Hazardous Substances Required to be Reported Under Amendment IV, to the Eugene Charter of 1976; Amending Section 3.692 of the Eugene Code, 1971; and Adding Section 3.696 to that Code. City Manager Johnson asked the council to consider Council Bill 4734, an ordinance delegating to the City Manager authority to add additional chemicals to the list of hazardous substances required to be reported under Amendment IV to the Eugene Charter of 1976; amending Section 3.692 of the Eugene Code 1971; and adding Section 3.696 to that code. Councilor Taylor, seconded by Councilor Farr, moved that the bill, with unani- mous 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, 6:0. City Manager Johnson asked Council to consider Council Bill 4734 by number only. Councilor Taylor, seconded by Councilor Farr, moved that the bill approved and given final passage. Roll call vote; the motion passed unanimously, and became Ordinance No. 20199. IX.ACTION: An Ordinance Amending the West Eugene Wetlands Plan by Adopting New or Revised Wetland Designations for Various Sites within the Plan Boundary and Related Policy and Text Amendments; Adopting a Severability Clause; and Providing an Effective Date In response to a question from Councilor Rayor regarding the feasibility of extending 13th Avenue to Willow Creek, Neil Bj0rklund of the Planning and Development Department said that both the current agenda item and the next agenda item affected that route. He said that the speedway ordinance (Item X) would designate for protection wetlands that laid along that path, so that to make the extension, that ordinance would need to be altered. Mr. Bj0rklund said that the wetlands that lay in the path of the extension were already designated as protected and therefore the current ordinance under consideration would also need to be altered for the extension to be possible. In response to a question from Councilor Rayor regarding the possibility of bridging Willow Creek to avoid the stream side protection, Mr. Bj0rklund said that the waterside protection provisions supplied guidelines for how, when, and where the bridge could be built. Councilor Rayor raised concern that the speedway would not be connected to developable lands to the west and would land lock 18 acres of C-2 zoned land. He acknowledged that access would MINUTES--Eugene City Council July 24, 2000 Page 11 Regular Meeting be provided by a slender driveway coming off of 11th Avenue that could not be developed into any major access. Councilor Rayor commented that a small amount of wetland would be affected by extending 13th Avenue to Willow Creek. He added that the benefit would be to provide access to a large amount of developable land. He stressed that people needed to look at the big picture. Mr. Bj0rklund pointed out that the portion of the speedway site that laid in the path of the proposed extension did contain rare plant species. He added that this was the reason that the Planning Commission and staff had recommended protection. He went on to say that there were federally listed rare plants that would lie in the way of the road extension as well as other significant obstacles. He added that the area was one of the highest priorities of the West Eugene Wetlands program for protection. Councilor Rayor said that if 13th Avenue could be curved to the north it would avoid the rare plants entirely. He stressed the importance of providing access to developable land. Councilor Kelly emphasized the importance of the rare plants located in the path of the extension. He added that connectivity of wetlands was also important and commented that if a wetland was bisected with a road both sides would be downgraded. He opined that an adequate collector street could be built in the existing 40 feet of access. In response to a process question from Mayor Torrey, Mr. Bj0rklund said that both items 9 and 10 needed to be discussed if the prospect of extending 13th Avenue was going to be feasible. He said that the issues of access to the speedway facility could be addressed by altering the multiple sites ordinance or by altering the speedway site ordinance itself. Mr. Bj0rklund said that he had reviewed the record and found a gap in the rare plants between Willow Creek Road and the speedway facility. He opined that an extension of 13th Avenue would be, theoretically, possible. In response to a question from Councilor Farr regarding access to the commercially zoned land, Planning Director Jan Childs said that there were two possibilities for access into the speedway portion of the property that was not designated. The first was use of the existing access road into the property. She noted that the existing access was, in essence, a private driveway. The second possibility was to create a public street into that property. She noted that a public street would need more right-of-way and more pavement width. She added that it was not a requirement to do a local street. In response to a question from Councilor Farr regarding the uses for C-2 zoned land, Ms. Childs said that C-2 was a general commercial zoning district which allowed a wide variety of commercial services. She added that, in many cases, such property was accessed off of a driveway and not a public street. Councilor Farr raised concern that the existing access could not handle the traffic generated by an 18- acre commercial development. In response to a question from Councilor Farr regarding how much commercial land was available in such large parcels, Ms. Childs said that there were other large parcels. MINUTES--Eugene City Council July 24, 2000 Page 12 Regular Meeting Councilor Fart reiterated his concern over the adequacy of the access to such a large parcel of land. Mr. Bj~rklund said that staff had recommended changing the designation of a small area from "Protect" to "Develop" so that the access road on the speedway property could be connected with the land to the west. He said that the council had elected not to follow that recommendation and instead directed staff to come back with the Planning Commission recommendation, which was to designate that strip of land for protection. Councilor Kelly commented that the map only showed the amendments to the plan and did not show the adjacent areas that were already designated under the Wetlands Plan. He called for a map that showed the full range of designations. Councilor Kelly opined that an exception mechanism could be used to allow a public street in the existing right-of-way. Mayor Torrey commented that information that the property in question was going to be sold to the BLM was false. He added that it was also false that access would be allowed to the property off Willow Creek Road. He stressed that he was not comfortable in devaluing a piece of property through an act of legislation. He noted that the Lane County Board of Commissioners had to concur with the City Council decisions on items 9 and 10. City Manager Johnson asked the council to consider Council Bill 4735, an ordinance amending the West Eugene Wetlands Plan by adopting new or revised wetland designations for various sites within the plan boundary and related policy and text amendments; adopting a severability clause; and providing an effective date. Councilor Taylor, seconded by Councilor Fart, 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 Pap~ clarified that the ordinance did not have anything to do with the speedway site, the Hyundai site, or the developable commercial land being discussed. Councilor Rayor, seconded by Councilor Pap~, moved to amend the motion by pulling of amendment H3. Councilor Rayor stressed the importance of street connectivity. He said that it was vital to economics, traffic flow, and State highways. Councilor Kelly agreed that street connectivity was an important issue, but said that wetlands were not designated on the basis of whether street connectivity was enhanced or detracted. He stressed that there was a specific set of criteria that had to be adhered to. He asked how the criteria under the West Eugene Wetlands Plan would be changed if H3 were not to be designated as Councilor Rayor requested. City Manager Johnson said that the extension of lsth Avenue would proceed through an area that was already in an approved plan that was not up for amendment that evening. Mr. Bj~rklund reiterated that removing H3 from the ordinance did not eliminate the obstacle to extending lsth Avenue. MINUTES--Eugene City Council July 24, 2000 Page 13 Regular Meeting Councilor Rayor said that no one would allow an 18-acre commercial development with only one point of access. He added that the current access could not be developed because it required access to a State highway at a location too close to other signals. He called for traffic planning staff, as well as wetlands staff, to re-examine sites H3 and H2, and the 13th Avenue vacation and come back with a recommendation so that decisions were not being made in little pieces. Mayor Torrey clarified that, if the amendment passed, the council could still vote on the rest of the ordinance. Mr. Bj~rklund said that the amendment that was before the council that night would not stop the council from coming back and amending the accepted part. Councilor Rayor, with permission of his second, withdrew his motion to amend. Roll call vote; the main motion passed unanimously, 6:0. City Manager Johnson asked the council to consider Council Bill 4735 by number only. Councilor Taylor, seconded by Councilor Fart, moved that the bill be approved and given final passage. Roll call vote; the motion passed unanimously, 6:0, and became Ordinance No. 20200. X.ACTION: An Ordinance Amending the West Eugene Wetlands Plan by Adopting New and Revised Wetland Designations for Site H2, Referred to as the Speedway Site, and Related Policy and Text Amendments; Adopting a Severability Clause; and Providing an Effective Date City Manager Johnson asked the council to consider Council Bill 4736, an ordinance amending the West Eugene Wetlands Plan by adopting new and revised wetland designations for site H2, referred to as the Speedway Site, and related policy and text amendments; adopting a severability clause; and providing an effective date. Councilor Taylor, seconded by Councilor Fart, 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. In response to a question from Councilor Farr regarding adequate access to the commercially zoned land earlier discussed, Ms. Childs said that she did not know if the existing access was adequate. Councilor Fart commented that the item should not be voted on until all access questions were answered. Councilor Fart, seconded by Councilor Rayor, moved to table the item. Roll call vote; the vote resulted in a tie. Mayor Torrey voted in support. The motion passed, 4:3, with councilors Taylor, Kelly, and Meisner voting in opposition. MINUTES--Eugene City Council July 24, 2000 Page 14 Regular Meeting Councilor Rayor requested that staff, in the context of the lSth Avenue vacation, the amendment H3, the bridging issue, and the connection to the west side of the site, do a street connectivity study. City Manager Johnson said that there was a work session scheduled on August 2, and that he would attempt to have the study done to be dealt with at that meeting. In response to a question from Councilor Pap~ regarding the status of the Speedway Site according to staff, Mr. Bj~rklund said that there had been some contact with the owners' consultants after the last meeting, but noted that the staff recommendation was designed to respond to the concerns voiced at the April 12 public hearing. In response to a question from Councilor Pap~ regarding whether staff had received a proposal from Mr. Holtar and whether it had responded to it, Mr. Bj~rklund said that there had been general proposals discussed and what staff had recommended was in response to those. City Attorney Klein noted that the council was limited to data contained in the record. He added that the record had closed. He said that if the council based a decision on information from outside of the record and somebody challenged that in court, the City would lose. Mr. Bj~rklund said that materials that came in after the record had closed were not forwarded to the council and were not part of the public record on the agenda item. Councilor Kelly said that he was comfortable with the staff recommendation as it was presented in the work session. Councilor Kelly, seconded by Councilor Meisner, moved to direct staff to prepare an ordinance and findings consistent with the staff recommendation on the Speedway site. In response to a question from Councilor Rayor regarding the options that had been presented to the council at the work session, Mr. Bj~rklund said that the first option was to accept the Planning Commission recommendation. He noted that this was the option chosen by the council. The second option was what was submitted by the property owner. The third option was a compromise between those two, recommended by staff, that avoided impacts to any rare plants and had less wetland acres impacted while addressing the access issue. In response to a question from Mayor Torrey regarding how wide the access road would have to be to be adequate, Mr. Bj~rklund said that, at the worksession, staff raised two issues related to access. The first was how to get from West 11th Avenue onto the existing access road and into the land in question. He said that this question was addressed in the staff recommendation. The second issue discussed was access to the Speedway Site itself and whether the access was wide enough. He noted that an option was presented that would have widened that access road in addition to the changes recommended by staff to address access from West 11th Avenue. Mr. Bj~rklund said that the council had elected to reject those options. Councilor Fart commented that until he could be satisfied that the traffic issue had been resolved, he could not support the ordinance. MINUTES--Eugene City Council July 24, 2000 Page 15 Regular Meeting Ms. Childs said that there was nothing in the record that would allow staff to give Councilor Farr the answers he wanted. She said that nothing had been received from the Oregon Department of Transportation during the course of the hearing process. She reiterated that there was no information on the record that would allow staff to answer his question. Mayor Torrey noted that they were discussing Councilor Nathanson's ward and that she would wish to be present if any changes were made to the ordinance being voted on. He suggested holding Councilor Kelly's motion until the work session on August 2. City Manager Johnson suggested preparing the ordinance as Councilor Kelly suggested and presenting it with the current item as two options for that meeting. Councilor Rayor said that he would vote against the amendment. He expressed a hope to take the item back to the table and get more staff input on options. Councilor Pap8 stated for the record that he had a discussion with Mr. Holtar regarding whether or not a proposal had been submitted by him and answered by staff. In response to a question from Councilor Pap8 regarding the possibility of taking judicial notice in the matter, City Attorney Klein said that the Council had a limited ability to take judicial notice of certain kinds of things under the Eugene Code. He cited, ordinances, official records, and resolutions as examples. He said that judicial notice could be taken of the Oregon Department of Transportation's records in the current issue. Councilor Kelly expressed his discomfort with the discussion. He noted that the record had been closed. He also noted that the intent of the West Eugene Wetlands Plan was not to examine specific development proposals, and opined that the council was doing just that. Roll call vote; the motion resulted in a tie. Mayor Torrey voted in opposition. The motion failed, 4:3, with councilors PapS, Meisner, and Kelly voting in favor. The meeting adjourned at 10:40 p.m.. Respectfully submitted, James R. Johnson City Manager (Recorded by Joe Sams) MINUTES--Eugene City Council July 24, 2000 Page 16 Regular Meeting