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HomeMy WebLinkAboutAgenda Packet 4-13-20 MeetingApril 13, 2020, Meeting EUGENE CITY COUNCIL AGENDA April 13, 2020 7:30 p.m. CITY COUNCIL MEETING Due to Governor Kate Brown’s Stay Home, Save Lives Executive Order to combat the spread of Covid-19, this meeting will be held remotely using virtual meeting technology. Information about online or other options for access and participation will be available at https://www.eugene-or.gov/3360/Webcasts-and-Meeting-Materials Meeting of April 13, 2020; Her Honor Mayor Lucy Vinis Presiding Councilors Emily Semple, President Jennifer Yeh, Vice President Mike Clark Greg Evans Chris Pryor Claire Syrett Betty Taylor Alan Zelenka 7:30 p.m. CITY COUNCIL MEETING 1. COMMITTEE REPORTS AND ITEMS OF INTEREST 2. CONSENT CALENDAR I A. Approval of City Council Minutes  February 10, 2020, Work Session  February 12, 2020, Work Session  February 24, 2020, Work Session  February 24, 2020, Meeting  March 9, 2020, Work Session  March 9, 2020, Meeting  March 11, 2020, Work Session  March 17, 2020, Emergency Meeting B. Approval of City Council Tentative Agenda C. Resolution Authorizing the Reissuance of Revenue Bonds by The Hospital Facilities Authority of the City of Medford, Oregon, in an Aggregate Principal Amount not to Exceed $5,000,000 for the Cascade Manor Continuing Care Retirement Community Located in Eugene, Oregon April 13, 2020, Meeting 3.PUBLIC FORUM 4.PUBLIC HEARING: An Ordinance Clarifying Relationship between Approved Riverfront Park Permit and S-DR Downtown Riverfront Code and Amending Section 9.3155 of the Eugene Code, 1971. 5.PUBLIC HEARING: An Ordinance Extending the Term of Ordinance No. 19775 and Ordinance No. 20397 Granting to Comcast of Oregon II, Inc. a Franchise for Operation of a Cable Telecommunications System. The Eugene City Council welcomes your interest in these agenda items. This meeting location is wheelchair-accessible. For the hearing impaired, an interpreter can be provided with 48 hours' notice prior to the meeting. Spanish-language interpretation will also be provided with 48 hours' notice. To arrange for these services, contact the receptionist at 541-682-5010. City Council meetings are telecast live on Metro Television, Comcast channel 21, and rebroadcast laterin the week.El consejo de la Ciudad de Eugene agradece su interés en estos asuntos de la agenda. El lugar de la reunión tiene acceso para sillas de ruedas. Se puede proveer a un intérprete para las personas con discapacidad auditiva si avisa con 48 horas de anticipación. También se puede proveer interpretación para español si avisa con 48 horas de anticipación. Para reservar estos servicios llame al 541-682-5010. Las reuniones del consejo de la ciudad se transmiten en vivo por Metro Television, Canal 21 de Comcast y son retransmitidas durante la semana. For more information, contact the Council Coordinator at 541-682-5010, or visit us online at www.eugene-or.gov. April 13, 2020, Meeting – Item 2A EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Approval of City Council Minutes Meeting Date: April 13, 2020 Agenda Item Number: 2A Department: Central Services Staff Contact: Beth Forrest www.eugene-or.gov Contact Telephone Number: 541-682-5882 ISSUE STATEMENT This is a routine item to approve City Council minutes. SUGGESTED MOTION Move to approve the minutes for the work sessions on February 10, 12, and 24 as well as on March 9 and 11, 2020; the meetings on February 24 and March 9, 2020; and the emergency meeting on March 17, 2020. ATTACHMENTS A.February 10, 2020, Work Session MinutesB.February 12, 2020, Work Session MinutesC.February 24, 2020, Work Session MinutesD.February 24, 2020, Meeting MinutesE.March 9, 2020, Work Session MinutesF.March 9, 2020, Meeting MinutesG.March 11, 2020, Work Session MinutesH.March 17, 2020, Emergency Meeting Minutes FOR MORE INFORMATION Staff Contact: Beth Forrest Telephone: 541-682-5882Staff E-Mail: bforrest@eugene-or.gov CC Agenda - Page 1 MINUTES – Eugene City Council Work Session February 10, 2020 Page 1 MINUTES Eugene City Council Harris Hall, 125 East 8th Avenue Eugene, Oregon 97401 February 10, 2020 5:30 p.m. Councilors Present: Betty Taylor, Emily Semple, Alan Zelenka, Jennifer Yeh, Mike Clark, Greg Evans, Claire Syrett, Chris Pryor Mayor Vinis opened the February 10, 2020, work session of the Eugene City Council. 1.Executive Session: Pursuant to ORS 192.660(2)(e)City Council met in Executive Session pursuant to ORS 192.660(2)(e). 2.Work Session: Town Square Project UpdateUrban Development Manager Will Dowdy gave an update about the Town Square Project and askedfor decision points about City Hall from City Council.Discussion Councilor Clark – asked about the continued increase of construction costs and the impacts ofstate legislation on those costs; said he was hoping the City would set a budget and decide whatit can get for that, instead of making decisions before a budget is put in place; said he has askedabout how long the Downtown Urban Renewal District would have to be extended in order tofund a $22 million dollar city hall and that the voters will not support an extension; said askingfor money on the ballot to fund city hall will fail; said he would vote no on each decision todaybecause this is the wrong approach for moving forward. Councilor Taylor – said she thinks the City should build for the future and not pursue a buildingthat will be torn down in 50 years; said she’d like a third choice on the first motion, includingbringing City offices that are currently renting space to city hall so that they are all in onelocation; said she thinks the underground parking is worth doing and much needed downtown,especially after the butterfly lot is removed; said she wants to first ask what is needed in a cityhall and what is good for the future of the city and then figure out where to get the money; saidenvironmental sustainability of the building is important, but not the LEED certification, andthat she supported the hybrid seismic standards. Councilor Syrett – said she’s not in favor of building additional office space to lease or to houseother city offices; said she’s not in favor of the underground parking because it’s too expensiveand conflicts with goals to discourage people from driving; thanked staff for bringing the costsand options for environmental standards forward; said she supports city policy and workingtowards LEED silver certification; asked for an example of monitoring that creates the $40,000cost for administering the certification; said she’s in favor of the “safety plus” as an alternativefor seismic standards because it protects the investment in the building without needingimmediate occupancy; confirmed that the building would be insured up to $75 million dollars. Councilor Zelenka – said he’s not sure cap and trade would contribute to the cost increase of abuilding and that energy efficiency would bring costs down over the long run; said adding morefloors would increase the cost and that there was an analysis done that showed the City’s leasesare cheaper than adding new building space and he’s in favor of a modest building that meetsbasic needs; said it’s important that the public meeting space be multi-purpose and overlookingthe market and plaza; asked how many underground parking spaces would be possible and saidhe was not in favor of adding it; asked how maintaining certification standards adds value to the April 13, 2020, Meeting – Item 2A ATTACHMENT A CC Agenda - Page 2 MINUTES – Eugene City Council Work Session February 10, 2020 Page 2 building and if there are studies done of value added to and costs benefits of LEED silver versus other buildings; asked if the seismic building cost is based on square feet. Councilor Pryor – asked about the previously proposed $28 million dollar building and wherethat would have been built, noting that building on the previous city hall site is no longer anoption; noted that the City is planning to build a different building in a different place with adifferent price tag and is in more in control of what is being building now; said it would be hardto lease any additional space because it would be too expensive to build; said he wants to builda 21st century city hall on the scale being discussed; said underground parking is too expensive,even though parking needs to be addressed; said if we’re tying to achieve a sustainabilitystandard, there should be verification to know if it’s been achieved; supported the hybridseismic model. Councilor Yeh – asked for help understanding the timeline; asked how decisions will be madealong the way that will have costs associated with them; shared concerns that there will bemomentum moving forward towards a facility with a huge price tag that will be out of theballpark when the ballpark hasn’t been defined. Councilor Semple – said she supports LEED silver certification and the seismic life-safety plusoption; said the other options are a conundrum between what the council has said it wants andwhat it will cost; said that with the goals of density and building up, it wouldn’t make sense toonly build a three-story building; said she didn’t want to lease out floors, because it would benice to have a central area where more City staff are located, such as the staff on the fourth floorof the library; said people should be able to park at city hall, but that may be old thinking and itcosts too much; asked who gets to make design decisions along the way. Councilor Clark –said this proposal will be over 40 million dollars when it comes back tocouncil; said parking is desperately needed downtown, especially because new units of housingare being built downtown without parking; asked why the City isn’t working on a public-privatepartnership to build more parking on the county lot that’s a block and a half away and canhouse underground and three stories of parking on it; said he’s concerned that there’s no ceilingon the budget and that the council hasn’t talked about where this money will come from;opposed voting on these issues because the community will be unhappy with this process. Councilor Syrett – asked about costs associated with LEED; asked if the LEED certification takesinto account more than the energy efficiency of the building, but also the environmental impactsof materials and construction itself; said that whether a budget is set now or an estimate aftersome direction is given, there will be public opposition to this project and council will have tomake difficult choices about how it pays for this building; said none of these decisions are final;the council will give direction to the team to come up with an estimate and it can then decidewhat steps to take in terms of funding or scaling back. Councilor Evans – asked what the sources of money would be to finish this project if it movesforward. Councilor Zelenka – said that they are narrowing down the concept of city hall so that a priceestimate can be generated, which can be adjusted later; said he assumes that as the cost isdetermined, staff will bring back potential funding plans; asked for the previous cost study forleases and summary of building comparison costs to be provided to council. Mayor Vinis – reminded council that they are in the process of reviewing the Draft ClimateAction Plan 2.0 and a few of these decisions are very relevant to that, including discouragingpeople from driving and holding ourselves accountable to reducing our environmental impactthrough construction. MOTION: Councilor Semple, seconded by Councilor Yeh, moved to direct the City Manager to design City Hall without additional floors of leasable real estate. April 13, 2020, Meeting – Item 2ACC Agenda - Page 3 MINUTES – Eugene City Council Work Session February 10, 2020 Page 3 MOTION TO SUBSTITUTE: Councilor Taylor, seconded by Councilor Semple, moved to direct the City Manager to design City Hall with additional floors for city offices that are currently paying rent in other buildings. Discussion Councilor Zelenka – asked for clarification of Councilor Taylor’s motion because there is largenumber of City operations that lease building space and if the intent was to relocate every officeto the city hall space, the building would be significantly bigger and more expensive. Councilor Taylor – said she wants offices that the public needs access to located in the building,such as permit services; said people are upset that money is spent to lease space. VOTE ON MOTION TO SUBSTITUTE: FAILED 2:6, Councilors Semple and Taylor in favor. Discussion Councilor Clark – said he wanted to move to consider a budget first on Wednesday but wouldalso like to move the votes on these motions to Wednesday so they can have a more thoroughconversation; said the community’s opinion should be known before staff spends a lot of timeplanning based on council’s votes. MOTION and VOTE: Councilor Clark, seconded by Councilor Evans, moved to postpone this debate over these issues to Wednesday and to add a discussion of budget and money sourcing. FAILED 3:5, Councilors Semple, Clark, and Evans in favor. VOTE ON ORIGINAL MOTION: PASSED 5:4, Mayor Vinis broke the tie and voted in favor with Councilors Zelenka, Yeh, Syrett, and Pryor. MOTION AND VOTE: Councilor Semple, seconded by Councilor Yeh, moved to direct the City Manager to design City Hall without underground parking. PASSED 7:1, Councilor Taylor opposed. MOTION AND VOTE: Councilor Semple, seconded by Councilor Yeh, moved to direct the City Manager to design City Hall to achieve LEED Silver certification. PASSED 6:2, Councilors Clark and Evans opposed. MOTION AND VOTE: Councilor Semple, seconded by Councilor Yeh, moved to direct the City Manager to design City Hall to a seismic standard above Life Safety, with the intent of City Hall being repairable after an earthquake. PASSED 6:2, Councilors Clark and Evans opposed. The meeting adjourned at 7:10 p.m. Respectfully submitted, Beth Forrest City Recorder (Recorded by Elena Domingo) Link to the webcast of this City Council meeting here. April 13, 2020, Meeting – Item 2ACC Agenda - Page 4 MINUTES – Eugene City Council Work Session February 12, 2020 Page 1 MINUTES Eugene City Council Harris Hall, 125 East 8th Avenue Eugene, Oregon 97401 February 12, 2020 12:00 p.m. Councilors Present: Betty Taylor, Emily Semple, Alan Zelenka, Jennifer Yeh, Mike Clark Councilors Absent: Greg Evans, Claire Syrett Mayor Vinis opened the February 12, 2020, meeting of the Eugene City Council. 1.Work Session: Incentives for Accessory Dwelling UnitsEconomic Development Planner Anne Fifield presented information about financial incentivesthat could lower the cost of building ADUs.Discussion Councilor Clark – said although he was assured he doesn’t have a conflict, to be safe he wantedto declare a potential conflict because his job involves lending people money to buy and buildhouses and ADUs; said he asked for this work session to talk about the idea of a property taxexemption; discussed implementing a waiver for the City’s portion of property taxes thatdoesn’t have to rely on state statute; said he had talked with the previous city manager aboutvoluntary annexation in Santa Clara and River Road and had been told that the City could offer a10-year tax waiver for joining the City; said he’d like to see what a path forward for this optionmight be; said that there were many pros and cons missing from the lists, including oneadvantage that even if an incentive only resulted in a small percentage, the ability to borrow canturn on a very small amount of money and the impact could be significant; said he wants todiscuss hooking up ADUs to the existing house instead of new hookups to the street. Councilor Zelenka – asked how many ADUs were built 2018 and 2019; asked if there wasevidence that the already-reduced SDCs have stimulated construction of ADUs; asked about thecurrent practice of waiving SDCs for affordable housing units; talked about how SDCs aren’t justfees used to cover costs, but to pay for future infrastructure and when they’re not collected, lessinfrastructure is built or money must be found somewhere else; asked if the City is seeing anylow-income SDC waivers for owner-occupied single family dwellings; asked if the City’s buildingpermit services are entirely covered by fees; asked at what cost an ADU mortgage would be ator below the workforce affordable housing threshold. Councilor Taylor – asked whether adoption of any of the proposed incentives would allowcouncil to limit them to owner-occupied ADUs; said she might support the property taxexemption if limited to owner-occupied units. Councilor Pryor – said fractions of a percent in costs can influence whether someone can buildor not and supported the development of pre-approved building plans; said that MUPTE shouldnot be the mechanism used for ADU property tax exemptions; said he’s been consideringLIRHPTE expansions and using this is a starting point; said waiving or scaling SDCs is a goodidea if it applies specifically to ADUs; said the council has to commit to ADUs and be willing toendure the cost impact if SDCs, building fees, or land use application fees are lower. Councilor Yeh – said she’d like to consider developing pre-approved plans because this couldresult in significant savings and would be a one-time initial fee for an ongoing resource;supported targeting low-income folks if possible and to identify ways to target that April 13, 2020, Meeting – Item 2A ATTACHMENT B CC Agenda - Page 5 MINUTES – Eugene City Council Work Session February 12, 2020 Page 2 demographic when scaling or waiving fees; said MWMC has a program that if a city waives its fees, the MWMC also waives its fees and this doubles the money for the owner; said she’s not excited about entirely waiving fees because they go towards important things and doesn’t want other programs to be impacted by developing a few ADUs. Councilor Semple – said that it seems like all the proposed incentives would essentially takeaway from the general fund because money that’s given up will need to be replaced; sharedconcerns that waiving SDC fees for ADUs might result in higher fees for other types of housing,including missing middle housing; said she also understands that builders need to be able tobuild and make money; said the bottom line is how much are the City is willing to pay toincentivize this; asked how much it would cost to pay for a set of plans; asked about the cap ontransportation SDCs. Councilor Zelenka – said after hearing data about affordable rents, the second half of hisquestion is how that translates into capital costs for an ADU. Councilor Clark – said the council needs to be willing to lower the capital costs and thus make itmore affordable for people in the middle range, because these numbers drive the cost; said thisis why incentives are needed - to lower the costs of building; said the other piece that wouldsignificantly lower costs is working with partners at EWEB to pursue the idea of hooking upADU utilities directly to the main house instead of starting as a new structure; asked if the SDCtotals shown today assume a parks SDC increase. Councilor Zelenka – said the council has spent a lot of time on ADU discussions when it won’tlead to significant headway on creating affordable housing; said he wishes council would spendthis amount of time on other things that do have a high likelihood of creating more affordablehousing; said when Eugene’s SDCs are compared to other cities throughout the state, Eugene isdown at the bottom of the range; said he likes the idea of pre-approved plans and having acontest for designs to meet people’s needs; said MUPTE is too complicated and unfair, but likesCouncilor Pryor’s idea of exploring the LIRHPTE program; said he’s comfortable with waivingland use application fees; said it would be counterproductive to waive permit fees; said heprefers scaling back SDCs versus waiving them back entirely and is willing to look at this if it istargeted at affordable units; supported an overall cap and clarity about the budget impacts. Mayor Vinis – said in thinking about lighter, quicker, cheaper options, it makes sense to thinkabout the complexity of initiating any of these options; said the library of plans would be thefastest and have the most impact on the individual developer of an ADU; said a number of SDCfees for ADUs have been reduced already and it’s a little soon to say how much more is neededto incentivize; said moving forward with any incentives should support low-income rentalhousing development. Councilor Clark – asked how many work sessions council has had around ADU regulations,noting that the financial incentives are much more impactful on whether ADUs get built thanthe regulations; said this is the appropriate place to spend staff time and conversations if thecouncil wants to see missing middle housing get built; asked what the cost reduction would befor hooking up ADU utilities to the main house versus directly to the street; asked what the nextsteps would be after this work session; said the next work session needs to be before summer. Councilor Yeh – said she thinks the land use code changes are more important than costadjustment in terms of seeing more ADUs being built; said she supported having a contest forthe design plans because it could be a good opportunity to advertise the things the City isalready doing and the ways people can currently get discounts, and they may learn more aboutwhether they can afford to build an ADU. Councilor Taylor – said the main thing she’d like to see come back is whether the options canapply only to owner-occupied ADUs. Councilor Semple – asked how the utility would charge for separate units if there is only onemeter; shared concerns about how much time council has put into ADUs and would like to moveforward on HB 2001; said she’d like to continue incentivizing in the same manner as April 13, 2020, Meeting – Item 2ACC Agenda - Page 6 MINUTES – Eugene City Council Work Session February 12, 2020 Page 3 transportation SDCs; said she wishes there were more options that seemed workable right now, but would like to be done with this issue sooner rather than later. Councilor Pryor – agreed that this conversation has taken a long time; asked for clarificationabout how HB 1051 impacts ADUs; asked if council could create conditions around theseoptions (permitting, waiving fees, etc.) that specify whether or not it is owner-occupied withoutbeing in conflict with HB 1051 or 2001 and was concerned that putting a provision like that inplace would be immediately appealed and remanded; said he wants to make sure council’sdecisions will be on firm legal footing. Councilor Zelenka – asked for clarification about what would be coming back related to thescaling or waiving of SDCs; said he also wanted to look at targeting affordable housing for SDCreductions. Councilor Clark – asked what the source was for the research about the options presented;asked if staff had talked with builders or architects about current market conditions related tocosts; said he knows a widely respected individual, Dan Hill, with Arbor South Architecture whowould be willing to speak with staff or council about the information he has gathered overdecades of building ADUs and the economics of building them.The meeting adjourned at 1:03 p.m. Respectfully submitted, Beth Forrest City Recorder (Recorded by Elena Domingo) Link to the webcast of this City Council meeting here. April 13, 2020, Meeting – Item 2ACC Agenda - Page 7 MINUTES – Eugene City Council Work Session February 24, 2020 Page 1 MINUTES Eugene City Council Harris Hall, 125 East 8th Avenue Eugene, Oregon 97401 February 24, 2020 5: 30 p.m. Councilors Present: Betty Taylor, Emily Semple, Alan Zelenka, Jennifer Yeh, Mike Clark, Greg Evans, Chris Pryor Councilors Absent: Claire Syrett Mayor Vinis opened the February 24, 2020, work session of the Eugene City Council. 1.Work Session: Town Square Project Funding StrategiesCity Manager Pro Tem Sarah Medary, Finance Director Twylla Miller, and Urban DevelopmentManager Will Dowdy spoke about the concept design, schematic design, design development,construction drawings, bidding, and construction steps of the Town Square project. Additionally,they discussed the potential scope/phasing and funding options for the project. Planning andDevelopment Director Denny Braud spoke about possible parking solutions.Council Discussion •Councilor Clark – inquired about additional assets the City owns, the zoning of the land aboveLaurelwood Golf Course and its value as an asset, talked about the urban downtown renewalproject and how much more money is still needed for the park blocks portion of the project,said the use of funds for city hall would not be well received by the community and asked aboutdowntown parking considerations and solutions. •Councilor Evans – asked about the number of surplus asset properties and related exceptions ofwhat could be sold; inquired about the possibility of altering the park blocks and the location ofthe farmer’s market. •Councilor Pryor – asked about the current facility reserve fund and additional assets; spoke aboutthe combination of different funding options; expressed a desire to scale and phase the project. •Councilor Zelenka – stated that he was not interested in selling park land; asked about the swapfund and amount; inquired about the farmer’s market funding agreement with Lane County;talked about the complication of finances and pulling together funding options; expressedsupport for scaling and using a combination of funding options for the project. •Councilor Taylor – asked about transferring funds for park blocks improvements to the city hallplan; supported addressing one project at a time and looking at transferring funds from thequiet zone, raising the transient room tax, and other private donation options; supportedaddressing the city hall project before the park blocks portion of the plan; spoke about thehistory of the butterfly lot as the former site of the farmer’s market; reported that people wereexpressing negative views of the drawing of the market published in the newspaper; asked ifthe funds from the quiet zone could be transferred to the city hall project •Councilor Yeh – supported being mindful of other important projects going on at the same time asthe town square project; stated that parks and the quiet zone are very important; desired aphasing of the project; asked about the projected cost of the farmer’s market structure; askedabout Lane County’s role in discussion of the funds; asked for an email highlighting the numbers. April 13, 2020, Meeting – Item 2A ATTACHMENT C CC Agenda - Page 8 MINUTES – Eugene City Council Work Session February 24, 2020 Page 2 •Councilor Semple – talked about the need to maintain the surrounding areas; spoke about beingcautious of using some of the fund options for the project; discussed the monies needed for theportions of the project; expressed concern about moving quickly ahead with planning but beingbehind with funding options. •Councilor Clark – spoke to Councilor Taylor’s questions about transferring funds; talked aboutthe parking issue and the possibility of partnering with Lane County; discussed the EWEBbuilding and parking options. •Councilor Taylor – spoke about parking issues and future possible parking on 7th Avenue;encouraged taking time to consider and make changes. •Councilor Zelenka – asked about the use of Comcast dollars; inquired about the use of differentmonies for specific pieces of the project related to the downtown urban renewal district;supported further discussion of the Lane County parking structure option; supported movingforward with the project. •Councilor Pryor – asked about the reserve versus the facility reserve monies; talked about theurban reserves and the remaining LCC downtown center funds; said he is willing to look at anextension of the urban renewal district. •Councilor Semple – asked about spending to-date on the design and expressed her desire tophase the project. 2.Work Session: Eugene-Springfield 2020 Consolidated Plan for Affordable Housing and Community DevelopmentGrants Manager Stephanie Jennings spoke about the consolidated plan scope and purpose,community profile and needs, draft goals and strategies for use of HUD funds, and next steps forcompletion and submittal of the plan.Council Discussion Councilor Taylor – asked for clarification regarding the definition of fair housing. Councilor Pryor – spoke about his role on the committee that drafted the consolidated plan;discussed the federal poverty level and the residents who qualify for that designation. Councilor Evans – discussed the issue of segregation of persons in housing. Councilor Zelenka – spoke about the poverty line of renters and costs of rent; asked aboutrenter protections committee and work related to codes and ordinances; expressed a desire totackle affordable housing. Councilor Clark – spoke about renter costs and size of household; talked about an article heread regarding the differences between living in nuclear or multi-generational households andthe modern culture of single-person households. Mayor Vinis – expressed appreciated for the work that went into the consolidated plan.The meeting adjourned at 6:58 p.m. Respectfully submitted, Beth Forrest City Recorder (Recorded by Carolyn Dimick-Kronberger) Link to the webcast of this City Council meeting here. April 13, 2020, Meeting – Item 2ACC Agenda - Page 9 MINUTES – Eugene City Council Work Session February 24, 2020 Page 3 April 13, 2020, Meeting – Item 2ACC Agenda - Page 10 MINUTES – Eugene City Council Meeting February 24, 2020 Page 1 MINUTES Eugene City Council Harris Hall, 125 East 8th Avenue Eugene, Oregon 97401 February 24, 2020 7:30 p.m. Councilors Present: Emily Semple, Betty Taylor, Alan Zelenka, Jennifer Yeh, Mike Clark, Greg Evans, Chris Pryor Councilor Absent: Claire Syrett Mayor Vinis opened the February 24, 2020, meeting of the Eugene City Council. 1.Committee Reports and Items of InterestDiscussion Mayor Vinis – extended an apology related to her interview with KVAL about the CityProsecutor’s Elk Horn Brewery decision, noting she should have used the prosecutor’swords instead of her own because the language she used was not accurate; clarified herposition that she did not believe the protest was fair or appropriate; said she appreciatesthe frustration and anger felt by Eugene businesses and she’s committed to working withthem to have better conversations and find a productive path forward. Councilor Semple – said she had a field trip to the Westside Church on 18th and Chamberswhere they have a homeless services program that, while not perfect, may be emulatedelsewhere; explained they have a group of homeless individuals who are allowed to sleep onthe porch and they each sign a letter saying they will attend meetings and work on projectsand community service; said she’s happy to see different people working together andbuilding trust. Councilor Taylor – said she wanted to correct an impression that came from a Register- Guard article that reported four councilors voted to create rental property on top of a newcity hall, which was not the case; said these councilors voted to build city hall withadditional floors for staff that are currently in leased space downtown. Councilor Pryor – shared his perspective on what occurred at the Elk Horn Brewery; notedthat the prosecutor said the evidence wasn’t clear enough for the case to be successfullyprosecuted; encouraged council to be more clear in identifying behavior that is intimatingor harassing so the rules are in place to prosecute that behavior in the future; said he doesnot want to regulate words, but behavior; said if people wish to protest, that is welcomed,but illegal or inappropriate behavior is not; encouraged making the ordinance more clear toregulate this kind of behavior. Councilor Clark – said everything he spoke about last week that made him angry wasrelated to people’s behavior, not their status or condition; said the criminal code addressesbehavior and that, in reading the code about disturbing the peace, he comes to a differentconclusion than the prosecutor - there was a clear violation; asked what the appropriaterole of a councilor is when they disagree with a prosecutor’s decision; said that he did notthink that the decision ended up being in the best interest of community. City Manager Pro Tem Sarah Medary shared an update about a pilot to make free menstrualproducts available in some public bathrooms throughout the community. April 13, 2020, Meeting – Item 2A ATTACHMENT D CC Agenda - Page 11 MINUTES – Eugene City Council Meeting February 24, 2020 Page 2 2.Consent Calendar 1A.Approval of City Council Minutes January 21, 2020, Work Session January 21, 2020, Public Hearing January 27, 2020, Meeting February 18, 2020, Work Session February 18, 2020, Public HearingB.Approval of City Council Tentative AgendaC.Adoption of An Ordinance Providing for Withdrawal of Annexed Properties from theFollowing Special Districts: River Road Park & Recreation District; River Road Water District;Santa Clara Rural Fire Protection District; Santa Clara Water District; and Willakenzie RuralFire Protection District.D. Adoption of A Resolution Repealing Resolution No. 3993 Regarding the Abatement of DutchElm Disease MOTION AND VOTE: Councilor Semple, seconded by Councilor Yeh, moved to approve the items on the Consent Calendar 1. PASSED 7:0. 3.Public Forum1.Kimberly Gladen – asked how downtown businesses would be showcased in 2021 planning.2.Jo Staniac – talked about the absence of adequate infrastructure in the Bethel neighborhood.3.Kira Elliot – spoke on behalf of the period movement and providing free menstrual products.4.Jarl Burg – talked about expectations put on the homeless, City Hall, and issues with renters.5. Rowan – shared concerns about 5G technology and ideas to slow down the installation process.6.Tracy Justin Cook – shared ideas and solutions about homelessness.7. Travis Johaness – shared his hopes for projects and development in the Bethel neighborhood.8. Stefan Strek – proposed a new project to install a green and yellow brick road in Eugene.9. Cassandra Miley – expressed concerns and made suggestions about LTD routes.10. Kathryn Dunn – talked about the timeline for making decisions about short-term rentals.11.Diane Behling – expressed concerns about air pollutants and health conditions in Bethel area.12. David Piccioni – talked about living with other people and protesting.13. Ed Farren – shared concerns about the Bethel neighborhood and desire for improvements.14. Joshua Korn – talked about small cell facility regulation and deregulation.15. Linda Sissen – said that regulating STRs was not an outcome of housing tools and strategies.16. Violet Neal – talked about providing free menstrual products throughout the City.Discussion Councilor Pryor – said he served on the Better Bethel Committee and creating partnershipsis fundamental in that work and moving forward; talked about developing a homelessshelter, including a navigation center with support services and counseling; spoke aboutCity Hall, saying that the City is currently renting space from the County and it is not a long-term solution; said the last communication the council received was that EWEB was askingfor $20 million to purchase their headquarters. Councilor Evans – thanked the individuals from Bethel who came to speak, because councildoes not often hear their perspective; said it was important to hear from Bethel residents asthe council moves forward, particularly with regard to infrastructure and pollution; sharedconcerns about streets being built in the area without bike lanes; thanked voters forapproving bonds that will allow for a sports park at Golden Gardens and improvements atEcho Hollow pool, but noted there are other needs that have gone unaddressed for too long. Councilor Zelenka – addressed the myth that purchasing the EWEB building is lessexpensive than constructing a new City Hall; encouraged people to read the Robertson April 13, 2020, Meeting – Item 2ACC Agenda - Page 12 MINUTES – Eugene City Council Meeting February 24, 2020 Page 3 Sherwood Architects report about using the EWEB building for City Hall purposes; talked about the number of things that would need to be addressed if this old building were purchased because it is not move-in ready. Councilor Clark – said that Councilor Evans is a good advocate for the Bethel area, and hesupports addressing the infrastructure issues mentioned; raised the possibility of proposinga counteroffer for the EWEB building between $16-18 million; said the study CouncilorZelenka cited was not current and this is not a clear cut-and-dry issue. 4.Consent Calendar 2A.Adoption of a Resolution Annexing Land to the City of Eugene (Assessor’s Map 17-04-23-13;Tax Lot 7400; Located at 1345 Elkay Drive)(City File: Finnerty, Kathryn; A 19-11) MOTION AND VOTE: Councilor Semple, seconded by Councilor Yeh, moved to approve the items on Consent Calendar 2. PASSED 7:0. The meeting adjourned at 8:36 p.m. Respectfully submitted, Beth Forrest City Recorder (Recorded by Elena Domingo) Link to the webcast of this City Council meeting here. April 13, 2020, Meeting – Item 2ACC Agenda - Page 13 MINUTES – Eugene City Council Work Session March 9, 2020 Page 1 MINUTES Eugene City Council Harris Hall, 125 East 8th Avenue Eugene, Oregon 97401 March 9, 2020 5:30 p.m. Councilors Present: Emily Semple, Alan Zelenka, Jennifer Yeh, Mike Clark, Claire Syrett, Chris Pryor Councilors Absent: Betty Taylor, Greg Evans Mayor Vinis opened the March 9, 2020, work session of the Eugene City Council. 1.Work Session: River Road-Santa Clara Neighborhood Plan Project UpdateSenior Planner Chelsea Hartman, Principal Planner Terri Harding, Chair of the Santa ClaraCommunity Organization Kate Perle, and Co-chair of the River Road Community Organization JonBelcher gave an update about the River Road-Santa Clara Neighborhood Plan, including projectphases, community outreach, and action plan highlights.Discussion: Councilor Clark – thanked staff and the neighborhoods for their hard work; asked about theeffects of HB 2001 on their efforts an goals; said he sees preserving the character and livabilityof the area and increasing density and complying with HB 2001 as being in conflict; said hewants there to be realistic expectations about what is going to happen; said he likes the idea ofprotecting farmlands within the UGB and asked if that included lands in the buildableinventory; said River Road and Santa Clara neighborhoods are great examples of livingsustainably and urban farming and more legal steps to protect the ability to do that should beconsidered. Councilor Syrett – reported that she went to a recent Santa Clara Community Organizationmeeting focused on the land use parts of this project; said people generally supported the planand understood that the City has made a commitment to grow more densely; said many peoplewant to retain the quality of the neighborhood, but also enhance it with community andcommercial centers; asked if the quarter mixed-use and quarter residential are proposed zonesthat the City does not currently have; said the new zones would have a lot of potential to meetthe city and state’s needs in rethinking commercial and residential mix, that could work in otherparts of the city as well. Councilor Pryor – said this work has been groundbreaking and creative and he does not think itwill end up conflicting with HB 2001; said he’s on the state Department of Land Conservationand Development draft code advisory committee and he wants to bring this forward in Salembecause that committee is trying to accommodate density in a reasonable way, withoutdestroying neighborhood livability; encouraged the City to create its own code that reflects thisbalance. Councilor Zelenka – said he has seen many neighborhood planning efforts and this plan andprocess has been excellent; said the process has been collaborative, has disseminated accurateinformation, and was approached with the goal of making the neighborhood more livable; saidthis is a great model to be applied elsewhere; said the goals in the plan were good and balanced;asked staff how new land use designations would get integrated into the existing zoningframework; asked for a description of corridor residential and residential middle; said he hasseen conflicts arise when different zones are abutting without transition and asked how those April 13, 2020, Meeting – Item 2A ATTACHMENT E CC Agenda - Page 14 MINUTES – Eugene City Council Work Session March 9, 2020 Page 2 areas have been addressed to minimize future conflicts; encouraged staff to focus on those points. Councilor Clark – asked for an explanation about how to incentivize people to maintain land fora particular use; asked if the plan included any way to discourage the sale of land to a developerfor housing; asked if the neighborhood associations or the City, in gathering feedback, had away of determining if respondents were City residents or renters to get a sense of who hadauthority and who was potentially guiding the new policies; said having the data on whosupports the new plan is important; said he wants to make sure the interests of the Cityresidents are being served because those are the individuals he is representing. Councilor Semple – said one of her goals for this project is that it would be a template for otherneighborhoods; said the outreach and citizen involvement has been great; said she is interestedin pursuing an agricultural land trust for many reasons. Councilor Syrett – said she appreciated the design principals and how they are captured toprovide a clear and easy-to-understand picture; said she was glad to hear Councilor Pryor willtake some of the information to state meetings; said she heard many creative ideas for bufferswhen two zones abut each other and she hopes those will be useful in other areas in the futureas clear templates.2.Work Session: Franklin Boulevard Transformation Project Update #2Transportation Planner Larisa Varela presented information about the proposed FranklinBoulevard Transformation Project.Discussion: Councilor Semple – said this is an exciting undertaking representing a big change for a corridorthat is the entryway to the city and the university and not currently very attractive; said she’sexcited about the roundabouts and their ability to keep traffic flowing. Councilor Zelenka – said he has been eagerly paying attention to this process; said he liked thepreferred alternative, including the roundabouts; talked about the safety aspects ofroundabouts and their ability to decrease the time of traffic flow; asked how much time itcurrently takes to go from one end of Franklin to the other and what it would be after thisproject was implemented; asked staff to address pedestrian safety; asked questions aboutWalnut Station and East Gateway; talked about the funding for this project being the numberone priority during the City’s United Front trip to Washington D.C; asked for the total cost of theproject; said he is interested in getting an upgraded entrance sign; asked if Springfield wouldalso match funding for the grant requirement. Councilor Yeh – said she appreciates that this corridor is seeing a lot of change and that it hasrisen to a priority level, including a partnership with Springfield; said she’s impressed with thecreativity of these plans and likes that new concepts are being tried; said she has beenconvinced that roundabouts are a safe, viable option for the community; reported that sheattended a walk audit and is glad thought is being given to the concept of keeping differentmodes of transportation separated and how those issues might be addressed within theconfines of the limited available space; said she’s looking forward to learning how the publicreacts. Councilor Syrett – said the progress of this plan is smart and exciting; said she also supports theroundabouts and that they are the most sensible approach given the complexities of the corridor;asked about the awkward intersection at Villard street and whether there might be engineeringchanges there; asked more about the bike lanes and whether they might be one-way or two-way;pointed out that there is no sign on Highway 99 welcoming anybody to Eugene. Councilor Clark – asked how much time has been devoted to planning this particular corridorand what the total project costs will be; talked about the dangers of the Delta and Beltlineintersection and the need to make that safer; said that plans and funding for this project came April 13, 2020, Meeting – Item 2ACC Agenda - Page 15 MINUTES – Eugene City Council Work Session March 9, 2020 Page 3 about quickly by comparison and it doesn’t seem equitable; asked why these monies weren’t part of the process and efforts that are now underway at Delta and Beltline; said his constituents want to see their representative asking these tough questions and he hopes staff understand that. Councilor Pryor – said he remembers the presentation that ODOT did about improvements toDelta and Beltline and the price tag was $250 million at the time which ODOT wasn’t preparedto invest into the project; said that the City hasn’t lost sight of how important that project is, butmore work must be done to figure out the mechanism for funding such a huge project. Councilor Zelenka – talked about highway projects being ridiculously expensive; asked aboutthe timeline for safety improvements at Delta and Beltline; said progress made on the FranklinBoulevard project is the result of coming together with partners like LTD and Springfield.The meeting adjourned at 7:10 p.m. Respectfully submitted, Beth Forrest City Recorder (Recorded by Elena Domingo) Link to the webcast of this City Council meeting here. April 13, 2020, Meeting – Item 2ACC Agenda - Page 16 MINUTES – Eugene City Council Meeting March 9, 2020 Page 1 MINUTES Eugene City Council Harris Hall, 125 East 8th Avenue Eugene, Oregon 97401 March 9, 2020 7:30 p.m. Councilors Present: Emily Semple, Alan Zelenka, Jennifer Yeh, Mike Clark, Claire Syrett, Chris Pryor Councilors Absent: Betty Taylor, Greg Evans Mayor Vinis opened the March 9, 2020, meeting of the Eugene City Council. 1.COMMITTEE REPORTS AND ITEMS OF INTEREST Councilor Yeh – read a list of spring break programming offered by the Library. Councilor Semple – spoke about the Kindness Campaign within the city andchallenged community members to count how many acts of kindness they couldperform in 24 hours. Councilor Clark – announced the Northeast Neighbors meeting was cancelled overconcerns about coronavirus transmission.City Manager Pro Tem Sarah Medary – announced that a work session was added to update council on the City’s COVID-19 response; noted the Oregon Health Association issued interim shelter guidelines and that staff was working with local organizations serving unsheltered people. Councilor Zelenka – reminded everyone about the Franklin Boulevard TransformationProject open house and encouraged people to attend. 2.CONSENT CALENDAR I A.Approval of City Council Minutes January 13, 2020, Work Session January 13, 2020, Meeting January 15, 2020, Work Session January 22, 2020, Work session January 27, 2020, Work Session January 29, 2020, Work Session February 10, 2020, Meeting February 19, 2020, Meeting February 26, 2020, Work Session B. Approval of City Council Tentative Agenda C.Approval of Motion Relating to Voters’ Pamphlet for the May 19, 2020, Primary Election April 13, 2020, Meeting – Item 2A ATTACHMENT F CC Agenda - Page 17 MINUTES – Eugene City Council Meeting March 9, 2020 Page 2 MOTION AND VOTE: Councilor Semple, seconded by Councilor Yeh, moved to approve the items on Consent Calendar I. PASSED 6:0. 3.PUBLIC FORUMPublic Forum opened with a report from Eugene’s youth ambassadors on a recent trip toChinju, South Korea, a sister city. Candace Shorack, the President of the Eugene-ChinjuSister City Committee, introduced the ambassadors, Ashley Morzenti and Jasmine Vasquez,who spoke about their experience with the cultural exchange.1.Nate Otto – advocated for adoption of Score Then Automatic Runoff voting.2.Tom Peck – shared actions council could take to help with help the spread of COVID-19.3.David Ivan Piccioni – supported STAR voting and raised concerns about deforestation.4.Samuel Schall – shared how STAR voting empowers voters.5.Brett Blundon – supported short-term rentals and a reduction in building fees.6.Chris Widdop – thought complaints about STRs were anecdotal rather than fact-based.7.Allen Zundel – thanked council for considering whether to put STAR voting on the ballot.8.Stephanie McLaughlin – expressed interest in sharing data about STRs.9.Charles Fournier – spoke in support of STAR voting.10.Wayne Martin – supported making it safer for unhoused people to sleep outdoors.11.Erika Propst – spoke about traffic calming efforts on Jefferson Street.12.Kim Hyland – asked council to make decisions on STRs based on validated data.13.Sue Sierralupé – advocated for bathrooms to be opened for people to wash their hands.14.Steve Piercy – asked for more traffic calming funds and de-prioritization of parking.15.Jay Concotta – asked council to refer STAR voting to the ballot.16.Rich Self – wanted full adoption of recommendations from recent report on unhoused.17.Travis Johannes – supported Bethel receiving more community development funds.18.Sara Wolk – explained more about how STAR voting works.19.Bruce Sisson – shared data from a recent survey on STRs.20.Jonathan Miller – spoke in support of STAR voting.21.Joshua Korn – spoke of the ethical issues surrounding 5G technology.22.Holly Berry – shared concerns about a potential 90-day limit on STRs.23.Kristina Lang – shared her experiences managing a STR.24.Anthony Martins – spoke of the challenges of the petition signature-gathering window.25.Mark Osterloh – said he thought council should place STAR voting on the ballot.26.Todd Boyle – shared recent report on homelessness from Lane County Legal Aid.27.Karen Alvarado – shared concerns about the STR ad-hoc committee’s process28.Tim Kovash – voiced concern about the lack of collaboration on the STR committee.29.Rowan – spoke about his recent experiences researching 5G.30.Pamela Krause – requested more resources for public health to deal with COVID-19.31.Hallie Roberts – spoke about the challenges the STAR voting campaign faced.32.Matthew Yook – wanted an STR tax and greater transparency and access generally.33.Mark Frohnmayer– urged council to push STAR voting to the ballot.34.Katherine Dunn – spoke in support of STRs.35.Will Phillips – urged council to review the data on STRs; noted professionalism of hosts.36.Tommy “Soybean” Hiura – spoke about STAR voting; sang the national anthem.37.Linda Sisson – shared concerns about the STR ad-hoc committee’s process.38.Jared Weybright – thanked the City for its support of the McKenzie Watershed Council. April 13, 2020, Meeting – Item 2ACC Agenda - Page 18 MINUTES – Eugene City Council Meeting March 9, 2020 Page 3 Council Discussion: Councilor Semple – spoke about the work of the McKenzie Watershed Council;shared the City website was going through a redesign and invited people tocomplete an online survey to give their input on what they would like to see;expressed her intent to bring a work session poll to council to discuss the recentreport on the unhoused and its recommendations; noted she was already circulatinga work session poll to add housing status as a protected class; expressed interest inmeeting with people about STRs. Councilor Syrett – voiced concern about the process used by the ad-hoc advisorycommittee on STRs, which she had intended through her motion to be comprised ofSTR hosts and owners, and not include impacted neighbors or hotel lobbyists in itsmembership; explained that the City could not require developers to buildaffordable housing unless they did so as part of a tax incentive program; expressedsupport of residents calling for traffic calming along Jefferson Street. Councilor Zelenka – shared information about the City’s commitment to Vision Zeroand his support for traffic calming, noting he would like to consider putting morefunding toward the effort; thought registration, license and accountabilitymechanisms would prevent some of the problems the community was experiencingwith STRs. Councilor Clark – agreed with Councilor Syrett regarding the intent of the motion toform an ad-hoc committee and thought the committee focus should be on anyunintended consequences of the draft code on the STR owners. 2. PUBLIC HEARING: An Ordinance Extending the Term of Ordinance No. 20170 Granting to Northwest Natural Gas Company, a Corporation, a Twenty-Year Non- Exclusive Right and Franchise to Lay, Maintain and Operate Facilities in the Public Way Within the City of Eugene, Oregon; and Providing for the Payment of Compensation to the CityCity Manager Pro-Tem Sarah Medary introduced the public hearing. 1.Jim Neu – encouraged council to take steps to phase out the use of natural gas in thecity in order to reach its emissions goals.2.Patricia Hine – urged council that any extension should result in an agreement toreduce natural gas emissions.3.Linda Perrine – expressed frustration with the extension and council’s lack ofmeaningful action to reduce greenhouse emissions.4.Tiffany Edwards – relayed the Eugene Chamber of Commerce’s support for thefranchise agreement extension so long as the parties involved were negotiating ingood faith.5.Linda Heyl – said steep reductions in natural gas were needed for the City to meetits climate goals; asked council to explore specific ways to reduce natural gas usage. April 13, 2020, Meeting – Item 2ACC Agenda - Page 19 MINUTES – Eugene City Council Meeting March 9, 2020 Page 4 Council Discussion: Councilor Zelenka – said carbon offsets were an important tool for reducinggreenhouse gas emissions.The meeting adjourned at 9:25 p.m. Respectfully submitted, Beth Forrest City Recorder (Recorded by Cas Casados) Link to the webcast of this City Council meeting. April 13, 2020, Meeting – Item 2ACC Agenda - Page 20 MINUTES – Eugene City Council Work Session March 11, 2020 Page 1 MINUTES Eugene City Council Harris Hall, 125 East 8th Avenue Eugene, Oregon 97401 March 11, 2020 12:00 p.m. Councilors Present: Emily Semple, Alan Zelenka, Jennifer Yeh, Mike Clark, Claire Syrett Councilors Absent: Betty Taylor, Greg Evans, Chris Pryor Mayor Vinis opened the March 11, 2020, work session of the Eugene City Council. 1.WORK SESSION: Emergency Preparedness UpdateInterim Fire Chief Chris Heppel and Communicable Disease Nursing Supervisor and IncidentCommander for Lane County Public Health Cindy Morgan gave an update regarding emergencypreparedness specifically regarding COVID-19. Items discussed were updates from Lane CountyPublic Health, role of the City, and current City actions.Council Discussion: •Councilor Zelenka – asked about viricide and bleach-based cleaning products; inquired aboutthe differences between COVID-19 and other similar viruses as they relate to transmission;talked about personal prevention tactics; asked about attending large events and socialdistancing measures; asked who has the authority to shut down events or large gatheringlocations, •Councilor Clark – talked about the fear many citizens feel and their frustration with the lack ofcommunication; asked about restricting activities and closing locations that are used byvulnerable populations; spoke about wanting more communication from Lane County PublicHealth and City staff to the citizens. •Councilor Syrett – reminded everyone about Oregon’s paid sick leave law; noted thepreparedness of health care workers, her availability for meeting with the City Manager duringthe council break, and her desire for more communications from Lane County Public Health andthe City. •Mayor Vinis – asked about plans for increasing the number of sanitation stations for theunhoused community members. •Councilor Semple – expressed concern about the lack of hand washing stations for theunhoused population; asked about next steps after the mitigation stage; expressed hope thatthe City’s response can be used as a model for what to do in the future. •Councilor Yeh – asked about the timeline and agenda of the task force and if they would beneeding funds to proceed; •Councilor Clark – talked about the concerns related to taking stricter precautionary measuresfor the city and what precautions have taken place in the world; appreciated the thoughtfulnessof taking into consideration small businesses and access to services; desired more calmingcommunication with the public. •Councilor Zelenka –thanked staff for the work being done on preparedness; spoke about themortality rates of the flu versus COVID-19; supported placing hand washing stations around thecity and at large events; inquired about testing and the actual number of cases. April 13, 2020, Meeting – Item 2A ATTACHMENT G CC Agenda - Page 21 MINUTES – Eugene City Council Work Session March 11, 2020 Page 2 •Councilor Clark – talked about simplistic the airborne versus the droplet transmissioncommunication needed with the public, asked that the City Council be kept in the loop aboutupcoming needs during the break. •Mayor Vinis – expressed appreciation for the communication Lane County Public Health has putout and asked others to convey the same message. •Councilor Clark – spoke about the fear of citizens and wanting more communication. 2.WORK SESSION: Speed Limits on Residential StreetsTransportation Planning Engineer Chris Henry provided information about speed limits onresidential streets, including the Vision Zero policy framework, effect of speed in crashes, SenateBill 558, implementing speed limit change, 20 IS PLENTY community campaign, and next steps.Council Discussion: •Councilor Clark – asked about the timing of Vision Zero and state legislation; discussed VisionZero; talked about the use of travel lanes and turning lanes. •Councilor Zelenka – asked about the downsides of the proposed speed reduction, asked whatthe citation fee would be for speeding; expressed desire to move forward with limiting speedsand promoting the 20 IS PLENTY campaign; talked about the speed fatality statistics; discussedthe new traffic calming improvements on 19th and how they have made a difference. •Councilor Syrett – expressed desire to move forward with the plan; talked about Eugene PoliceTraffic Enforcement Team and encouraged giving warnings to violators; supported educationefforts out in the communities; discussed the Safe Routes to School program, reengineeringsidewalks and bike paths, and animal safety in roadways. •Councilor Yeh – talked about the Vision Zero initiative and changing behaviors to achieve safetygoals; expressed support for the changes. •Councilor Semple – asked about specific streets affected by the speed limits; talked abouthigher-volume streets such as Jefferson Street and other collectors. •Councilor Clark – asked about traffic standard ratings and if speed limits have any effect on thatstatistic; talked about north Eugene traffic issues; expressed concerns about the proposal toopen a WinCo in the old ShopKo building and how traffic will be affected; expressed support forthe proposed motion. MOTION AND VOTE: Councilor Semple, seconded by Councilor Yeh, moved to direct the City Manager to set a public hearing on a proposed ordinance to designate a speed limit that is five miles per hour lower than the statutory speed limit where authorized by state statute. PASSED 5:0. The meeting adjourned at 1:13 p.m. Respectfully submitted, Beth Forrest City Recorder (Recorded by Carolyn Dimick-Kronberger) Link to the webcast of this City Council meeting here. April 13, 2020, Meeting – Item 2ACC Agenda - Page 22 MINUTES – Eugene City Council Meeting March 17, 2020 Page 1 MINUTES Eugene City Council Harris Hall, 125 East 8th Avenue Eugene, Oregon 97401 March 17, 2020 12:00 p.m. Councilors Present: Emily Semple, Jennifer Yeh, Betty Taylor, Alan Zelenka, Mike Clark, Greg Evans, Claire Syrett, Chris Pryor Mayor Vinis opened the March 17, 2020, meeting of the Eugene City Council. City Manager Pro Tem Sarah Medary provided context about the public health emergency relating to COVID-19. Fire Chief Chris Heppel updated council on the City’s efforts to respond to the public health challenge. Declaring a state of emergency would enable access to more state and federal resources to support the community in navigating the crisis. 1.DISCUSSION: Declaration of a State of EmergencyCity Attorney Kathryn Brotherton explained how a state of emergency could be declaredand what such a declaration would authorize and require of the City Manager.Council Discussion: Councilor Clark – asked for clarification of the reason the City Manager may declare astate of emergency as defined in the code; said he was inspired by ideas offered byformer Governor Kitzhaber in a recent article about the State’s response to COVID-19. Councilor Pryor – said a declaration of emergency was essential; encouraged theCity Manager to communicate with council and the community as expeditiously aspossible over the course of managing the crisis. Councilor Semple – noted she would like to talk about alternative emergency shelters,bathrooms, and food access later in the meeting. Councilor Syrett – asked staff to respond to small businesses’ concerns, especiallythose of restaurants; asked about childcare support, more testing ability andpriority testing. Councilor Taylor – expressed concern about the impacts of the crisis on peopleliving paycheck to paycheck. Councilor Yeh – said many of her concerns had already been mentioned andaddressed. Councilor Zelenka – thought a declaration of emergency was appropriate; clarifiedthat not all powers available to the City Manager in a state of emergency wouldnecessarily be used; highlighted how the communication process would workbetween council and the City Manager during the emergency; noted severaloperational concerns, including support for local businesses, shelter and sanitationfor the unhoused, communications planning, and lack of available testing. April 13, 2020, Meeting – Item 2A ATTACHMENT H CC Agenda - Page 23 MINUTES – Eugene City Council Meeting March 17, 2020 Page 2 Mayor Vinis – asked the City Manager to address people’s concerns about being ableto pay rent. Councilor Syrett – agreed with Mayor Vinis and also wanted to know what could bedone to keep local businesses from defaulting on their leases. Councilor Zelenka – asked questions about options for tenants and landlords;appreciated the efforts of local utilities to mitigate community concerns. Councilor Taylor – wanted to know what additional authority the City Manager hasin an emergency. Councilor Semple – asked whether a curfew would be needed and how it may ormay not apply to people who are unhoused. Councilor Clark – asked whether City Manager Pro Tem Sarah Medary anticipatedthe immediate use of any emergency authority she would be empowered with.City Manager Pro-Tem Sarah Medary noted the City was in very close contact with Lane County as well as the City of Springfield. She answered councilors’ questions regarding evictions, rental assistance, economic recovery for the business community, how she would decide whether to utilize emergency powers, childcare, and shelter for the unhoused members of the community. Councilor Clark – asked whether restaurants would have the flexibility to use foodcarts if they have them.Chief Heppel answered questions regarding testing availability and priority, alternative shelters for people who are unhoused, the collaborative efforts between local government entities, procurement and distribution of food, and communicating information to the community. Councilor Pryor – noted that the part of the incident command system included aneconomic team that is planning for both immediate and long-term needs of thebusiness community. Councilor Zelenka – asked about specifics in terms of resources for local businessesand employees as well as what would be the City Manager’s process for invokingemergency powers, if necessary.City Manager Medary explained the process for consulting the Mayor and a majority of councilors per the code requirements before invoking emergency powers; noted there would be a financial impact for the City as an organization. Councilor Clark – asked how staff was accounting for the long-term needs of thecommunity in addition to the short-term. Councilor Semple – asked for more details about alternative shelters as well as thesocial and emotional needs of the community. Mayor Vinis – shared information about an informal support network in herneighborhood. Councilor Taylor – asked how staff would know when it was no longer anemergency; asked about using the community centers as shelters. Councilor Zelenka – expressed confidence in the intergovernmental collaboration. April 13, 2020, Meeting – Item 2ACC Agenda - Page 24 MINUTES – Eugene City Council Meeting March 17, 2020 Page 3 Councilor Pryor – noted the City Council would not—given the circumstances—havethe level of clarity and certainty that would be most desirable and would have to puttheir faith in staff to consider what they have heard from council about its priorities. Councilor Evans – asked how long the City would have in terms of its reserves andresources. MOTION and VOTE: Councilor Semple, seconded by Councilor Yeh, moved to support the City Manager Pro Tem declaring a state of emergency under Section 2.1055 of the Eugene Code within the city of Eugene due to the COVID-19 pandemic. PASSED: 8:0. The meeting adjourned at 1:03 p.m. Respectfully submitted, Beth Forrest City Recorder (Recorded by Cas Casados) Link to the webcast of this City Council meeting. April 13, 2020, Meeting – Item 2ACC Agenda - Page 25 April 13, 2020, Meeting – Item 2B EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Approval of Tentative Working Agenda Meeting Date: April 13, 2020 Agenda Item Number: 2B Department: City Manager’s Office Staff Contact: Beth Forrest www.eugene-or.gov Contact Telephone Number: 541-682-5882 ISSUE STATEMENT This is a routine item to approve the City Council Tentative Working Agenda. BACKGROUND On July 31, 2000, the City Council held a process session and discussed the Operating Agreements. Section 2 notes, in part, that “The City Manager shall recommend monthly to the council which items should be placed on the council agenda. This recommendation shall be placed on the consent calendar at the regular City Council meetings (regular meetings are those meetings held on the second and fourth Monday of each month in the Council Chamber). If the recommendation contained in the consent calendar is approved, the items shall be brought before the council on a future agenda. If there are concerns about an item, the item may be pulled from the consent calendar at the request of any councilor or the Mayor. A vote shall occur to determine if the item should be included as future council business.” Scheduling of this item is in accordance with the Council Operating Agreements. RELATED CITY POLICIES There are no policy issues related to this item. COUNCIL OPTIONS The council may choose to approve, amend or not approve the tentative agenda. CITY MANAGER’S RECOMMENDATION The City Manager has no recommendation on this item. SUGGESTED MOTION Move to approve the items on the Tentative Working Agenda. CC Agenda - Page 26 April 13, 2020, Meeting – Item 2B ATTACHMENTS A. Tentative Working Agenda FOR MORE INFORMATION Staff Contact: Beth Forrest Telephone: 541-682-5882 Staff E-Mail: bforrest@eugene-or.gov CC Agenda - Page 27 Work Session                       Action         Public Hearing              Public Forum             Consent Calendar  Committee Reports/Items of Interest  Ceremonial Matters  Pledge of Allegiance  Updated April 9, 2020 ** SPECIAL NOTICE ** Due to Governor Kate Brown’s Stay Home, Save Lives Executive Order to combat the spread of Covid‐19, all City Council meetings will be held remotely, using virtual meeting technology. Information about how to access these meetings will be available at https://www.eugene‐or.gov/3360/Webcasts‐and‐Meeting‐Materials.   April 2020    Date Day Time Title Length Dept. Contact  13‐Apr Monday 5:30 pm Covid‐19 Update City Council Process Session (Work Session) 90 min Sarah Medary, CS Kristie Hammitt, CS 7:30 pm Committee Reports and Items of Interest Resolution Authorizing Reissuance of Revenue Bonds for Cascade Manor (Consent Calendar 1) Public Forum Downtown Riverfront Park Clarification Code Amendment (City File CA‐20‐1) (Public Hearing) Comcast Franchise Agreement Extension Ordinance (Public Hearing) Twylla Miller, CS Emily Proudfoot, PW Pam Berrian, CS Expected absences for 4/13: none 15‐Apr Wednesday 12 pm Covid‐19 Update Affordable Housing Trust Fund Allocation (Work Session) TBD (Work Session) 45 mins 45 mins Chief Heppel, Fire Stephanie Jennings, PDD Expected absences for 4/15: none ATTACHMENT A CC Agenda - Page 28 2    20‐Apr Monday 5:30 pm (schedule as needed) Covid‐19 Update TBD (Work Session) TBD (Work Session) 45 mins 45 mins Sarah Medary, CS 7:30 pm Hold for Boards and Commissions Candidate Statements Beth Forrest, CS Expected absences for 4/20: none Location: Harris Hall 22‐Apr Wednesday 12 pm Covid‐19 Update Bethel Redevelopment (Work Session) Broadway and Hilyard Deal Points (Work Session) 45 mins 45 mins Chief Heppel, Fire Anne Fifield, PDD Amanda D’Souza, PDD Expected absences for 4/22: none 5:30 p.m. Covid‐19 Update Adoption of Eugene‐Springfield 2020 Consolidated Plan and One‐ Year Action Plan (Action) TBD (Work Session) 45 mins 45 mins Sarah Medary, Fire Stephanie Jennings, PDD 27‐Apr Monday 7:30 pm Committee Reports and Items of Interest Public Forum Downtown Riverfront Park Clarification Code Amendment (City File CA‐20‐1) (Action) Comcast Franchise Agreement Extension Ordinance (Action) FY20 Supplemental Budget 2 (Public Hearing and Action) URA FY20 Supplemental Budget 2 (Public Hearing and Action) Toxics Program Fee Ordinance (Public Hearing and Poss. Action) Emily Proudfoot, PW Pam Berrian, CS Elizabeth Butterfield, CS Elizabeth Butterfield, CS James Lenhart, Fire Expected absences for 4/27: none 28‐Apr Tuesday 6:00 pm Joint Public Hearing on Airport Master Plan (Public Hearing) Dan Halverson, PDD Expected absences for 4/28: none ** NOTE: SPECIAL MEETING POSTPONED**    ATTACHMENT A CC Agenda - Page 29 3    29‐Apr Wednesday 12 pm Covid‐19 Update TBD (Work Session) TBD (Work Session) 45 mins 45 mins Chief Heppel, Fire Expected absences for 4/29: none 29‐Apr Wednesday 5:30 pm Budget Committee (Meeting) Expected absences for 4/29: none ** BUDGET COMMITTEE MEETING CANCELLED **     May 2020    Date Day Time Title Length Dept. Contact  5:30 pm Covid‐19 Update Urban Reserves (Work Session) TBD (Work Session) 45 mins 45 mins Sarah Medary, CS Rebecca Gershow, PDD 11‐May Monday 7:30 pm Committee Reports and Items of Interest MWMC Budget Ratification (Consent Calendar) Public Forum James McClendon, PW Expected absences for 5/11: none 13‐May Wednesday 12 pm Covid‐19 Update Expansion of Downtown Urban Renewal District (Work Session) STAR Voting (Work Session) 45 mins 45 mins Chief Heppel, Fire Amanda Nobel, PDD Beth Forrest, CS Expected absences for 5/13: none 13‐May Wednesday 5:30 pm Budget Committee (Meeting) Elizabeth Butterfield, CS Expected absences for 5/13: none ** BUDGET COMMITTEE MEETING ‐B/T Room, Library ** 18‐May Monday 5:30 pm (schedule as needed) Covid‐19 Update TBD (Work Session) TBD (Work Session) 45 mins 45 mins Sarah Medary, CS 7:30 pm   Ordinance to Incorporate State Updates to MUPTE’s Green Building and Construction Deadline Provisions (Public Hearing) Amanda D’Souza, PDD Expected absences for 5/18: none ATTACHMENT A CC Agenda - Page 30 4    20‐May Wednesday 12 pm Covid‐19 Update Short‐Term Rentals (Work Session) TBD (Work Session) 60 mins 30 mins Chief Heppel, Fires Lydia Kaye, PDD Expected absences for 5/20: none 20‐May Wednesday 5:30 pm Budget Committee (Meeting) Elizabeth Butterfield, CS Expected absences for 5/20: none ** BUDGET COMMITTEE MEETING ‐B/T Room, Library ** 26‐May Tuesday 5:30 p.m. Covid‐19 Update TBD (Work Session) TBD (Work Session) 45 mins 45 mins Sarah Medary, CS 7:30 pm Committee Reports and Items of Interest Public Forum Expected absences for 5/26: none 27‐May Wednesday 12 pm Covid‐19 Update Wild Turkey Population Mgmt. (Work Session) TBD (Work Session) 45 mins 45 mins Chief Heppel, Fire Rachelle Nicholas, PDD Expected absences for 5/27: none 27‐May Wednesday 5:30 pm Budget Committee (Meeting) Elizabeth Butterfield, CS Expected absences for 5/27: none ** BUDGET COMMITTEE MEETING ‐B/T Room, Library **     June 2020    Date Day Time Title Length Dept. Contact  8‐Jun Monday 5:30 pm TBD (Work Session) TBD (Work Session) 45 mins 45 mins       7:30 pm Committee Reports and Items of Interest (Consent Calendar) Public Forum Appointment to Boards and Commissions (Action) Beth Forrest, CS Expected absences for 6/08: none ATTACHMENT A CC Agenda - Page 31 5    10‐Jun Wednesday 12 pm TBD (Work Session) TBD (Work Session) 45 mins 45 mins Expected absences for 6/10: none 15‐Jun Monday 5:30 pm (schedule as needed) TBD (Work Session) TBD (Work Session) 45 mins 7:30 pm E‐Scooters/Micromobility Ordinances (Public Hearing) Ordinance Lowering Speeds on Residential Streets (Public Hearing) Rob Inerfeld, PW Chris Henry, PW Expected absences for 6/15: none 17‐Jun Wednesday 12 pm CAP 2.0 Update (Work Session) 90 mins Chelsea Clinton, CS Expected absences for 6/17: none 5:30 p.m. TBD (Work Session) TBD (Work Session) 45 mins 45 mins 22‐Jun Monday 7:30 pm Committee Reports and Items of Interest Public Forum FY20 Supplemental Budget (Public Hearing and Action) FY21 Budget Adoption (Public Hearing and Action) FY21 URA Budget Adoption (Public Hearing and Action) Vicki Silvers, CS Vicki Silvers, CS Vicki Silvers, CS Expected absences for 6/22: none 24‐Jun Wednesday 12 pm Natural Hazards Mitigation Plan (Work Session and Action) TBD (Work Session) 45 mins 45 mins Kevin Holman, CS Expected absences for 6/24: none      ATTACHMENT A CC Agenda - Page 32 6        July 2020    Date Day Time Title Length Dept. Contact  8‐Jul Wednesday 12 pm TBD (Work Session) TBD (Work Session) 45 mins 45 mins Expected absences for 7‐8: none 13‐Jul Monday 5:30 pm TBD (Work Session) TBD (Work Session) 45 mins 45 mins 7:30 pm Committee Reports and Items of Interest Public Forum Expected absences for 7/13: none 15‐Jul Wednesday 12 pm Public Forum Changes – Check ‐In (Work Session) TBD (Work Session) 45 mins 45 mins Beth Forrest, CS Expected absences for 7/15: none 20‐Jul Monday 5:30 pm (schedule as needed) TBD (Work Session) TBD (Work Session) 45 mins 7:30 pm TBD (Public Hearing) Expected absences for 7/20: none 22‐Jul Wednesday 12 pm TBD (Work Session) TBD (Work Session) 45 mins 45 mins Expected absences for 7/22: none 27‐Jul Monday 5:30 p.m. TBD (Work Session) TBD (Work Session) 45 mins 45 mins 7:30 pm Committee Reports and Items of Interest Public Forum Expected absences for 7/27: none    ATTACHMENT A CC Agenda - Page 33 7    29‐Jul Wednesday 12 pm TBD (Work Session) TBD (Work Session) 45 mins 45 mins Expected absences for 7/29: none   Council Break: July 30 – September 9        Work Session                       Action                         Public Hearing                             Public Forum                   Consent Calendar    Committee Reports/Items of Interest                    Ceremonial Matters                   Pledge of Allegiance      Approved Work Session Polls to be Scheduled Councilor Date Approved  Update Sign Code for Digital Display Techno logy – follow‐up TBD  5G/Small Cell – include experience of other cities – follow‐up TBD  Strategies for managing the wild turkey population – scheduled 5/27/20   E‐Scooters – public hearing scheduled 6/15/20  Extension of Downtown Urban Renewal District – scheduled 5/13/20  STAR Voting – scheduled 5/13/20  “Housing Status” as a Protected Class  Pryor  Clark  Pryor  Evans  Evans  Evans  Semple  2/14/19  5/20/19  10/17/19  11/14/19  12/19/19  12/26/19  03/12/20  Follow‐Up Work Sessions to be Scheduled   TAC Implementation    Commercial Setbacks  Naming Policy      ATTACHMENT A CC Agenda - Page 34 April 13, 2020, Meeting – Item 2C EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Action: Resolution Authorizing the Reissuance of Revenue Bonds by The Hospital Facilities Authority of the City of Medford, Oregon, in an Aggregate Principal Amount not to Exceed $5,000,000 for the Cascade Manor Continuing Care Retirement Community Located in Eugene, Oregon Meeting Date: April 13, 2020 Agenda Item Number: 2C Department: Central Services Staff Contact: Twylla Miller www.eugene-or.gov Contact Telephone Number: 541-682-8417 ISSUE STATEMENT Cascade Manor, Inc. is requesting the authority to proceed with the reissuance of conduit or pass through revenue bonds (the “Bonds”) by the Hospital Facilities Authority of the City of Medford (the “Authority”) in an aggregate principal amount not to exceed $5,000,000 for the benefit of Cascade Manor. The City of Eugene’s roles in this bond issue are determined by the IRS and by Oregon statues, and include the following actions: (1) to provide an opportunity for citizens to comment on the issuance of tax-exempt debt, and (2) to indicate its approval for the transaction, as required by the IRS for the proposed financing. If council agrees to this financing, Cascade Manor will be able to use less expensive tax-exempt financing for projects. BACKGROUND Cascade Manor, Inc., an Oregon nonprofit 501(c)(3) corporation, owns a continuing care retirement community (the “CCRC”) located in the vicinity of 65 West 30th Avenue. The CCRC located at the northwest corner of West 29th Place and Portland Street consists of 140 independent living units, 11 residential assisted living units, and 22 health center beds. In 2006, Cascade Manor undertook renovations to its health center and moved its residential living units. The entire garden apartments project and a portion of the health center project were financed and/or refinanced with the proceeds of a tax-exempt bond offering (the “2006” bonds). In 2010, the Authority issued tax-exempt revenue bonds (the “2010” bonds) for the benefit of Cascade Manor for the purpose of refinancing the 2006 Bonds in their entirety. In 2014, the Authority issued tax-exempt revenue bonds (the “2014 bonds”) to finance an expansion project on a site adjacent to the CCRC, a new dining venue, additional common areas and other capital improvements on the CCRC campus and to refinance the 2010 bonds. CC Agenda - Page 35 April 13, 2020, Meeting – Item 2C At this time, Cascade Manor would like to reissue $5,000,000 of the 2014 bonds. The reissuance would allow Cascade Manor to sell furniture, fixtures, and equipment (primarily appliances) that were originally financed or refinanced with proceeds of the 2014 bonds and to use the sale proceeds for new financeable assets (e.g., replacement appliances and capital improvements to real property). This action is required by the IRS due to the tax-exempt nature of the 2014 bond issue and requires the public hearing and council approval. Section 147(f) of the Internal Revenue Code of 1986, as amended, requires that qualified 501(c)(3) bonds, must be approved by the applicable elected representatives of (1) the governmental unit issuing such bonds (The Hospital Facilities Authority of the City of Medford, Oregon) and (2) the governmental unit having jurisdiction over the area in which the Project is located (the City of Eugene, Oregon). Council previously approved the prior financings for the CCRC. The principal and interest on the Bonds will not constitute a debt of the City of Eugene, Oregon, the City of Medford, Oregon or the Authority, nor are the Bonds payable from a tax of any nature levied upon any property within the City of Eugene nor any other political subdivision of the State of Oregon. The Bonds are payable only from the revenues and resources of Cascade Manor pledged to the payment of the Bonds and any credit enhancement arranged for by Cascade Manor. On Thursday, March 26, 2020, a public hearing was held by the Lane Council of Governments in Eugene pursuant to the provisions Section 147(f) of the Internal Revenue Code of 1986, as amended, for the purpose of hearing public comments on the request by Cascade Manor, Inc. to the Authority with respect to the reissuance of the Bonds over the period of approximately three years pursuant to a plan of finance in an aggregate principal amount not exceeding $5 million. A report on the hearing is included as Attachment A. The report also includes the text of the notice of public hearing that was published in the Register-Guard newspaper. The resolution authorizing the issuance of the Bonds fulfils the IRS requirement for approval of tax-exempt financing from the jurisdiction over the area in which the Project is located. PREVIOUS COUNCIL DIRECTION Previous resolutions were adopted as part of the Consent Calendar on the following dates: October 13, 2014 – Resolution Authorizing the Issuance of $40 million in Revenue Bonds May 22, 2006 – Resolution Authorizing the Issuance of up to $20 million in Revenue Bonds COUNCIL OPTIONS Council can approve or not approve this bond financing. If council does not approve the financing, the Borrower will not be able to proceed with the reissuance of the Bonds and will not be able to take advantage of recycling the proceeds of such sales to purchase new assets. CITY MANAGER’S RECOMMENDATION The City Manager recommends adoption of the resolution. CC Agenda - Page 36 April 13, 2020, Meeting – Item 2C SUGGESTED MOTION Move to adopt a Resolution Authorizing the Reissuance of Revenue Bonds, by The Hospital Facilities Authority of the City of Medford, In An Aggregate Principal Amount Not to Exceed $5,000,000 pursuant to a Plan of Finance for the Cascade Manor Continuing Care Retirement Community Located In Eugene, Oregon. ATTACHMENTS A. Public Hearing Report dated March 26, 2020 (including Notice of Public Hearing held March 26, 2020; published in the Register-Guard, Eugene, Oregon on March 19, 2020. B. Resolution Authorizing the Reissuance of Revenue Bonds, by The Hospital Facilities Authority of the City of Medford, In An Aggregate Principal Amount of Not To Exceed $5,000,000, pursuant to a Plan of Finance, for the Cascade Manor Continuing Care Retirement Community Located In Eugene, Oregon FOR MORE INFORMATION Staff Contact: Twylla Miller Telephone: 541-682-8417 Staff E-Mail: TMiller@eugene-or.gov CC Agenda - Page 37 April 13, 2020, Meeting – Item 2C ATTACHMENT A CC Agenda - Page 38 April 13, 2020, Meeting – Item 2CCC Agenda - Page 39 ATTACHMENT B Resolution -- Page 1 of 2 April 13, 2020, Meeting – Item 2C RESOLUTION NO. _______ A RESOLUTION AUTHORIZING THE REISSUANCE OF REVENUE BONDS, BY THE HOSPITAL FACILITIES AUTHORITY OF THE CITY OF MEDFORD, OREGON, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $5,000,000 FOR THE CASCADE MANOR CONTINUING CARE RETIREMENT COMMUNITY LOCATED IN EUGENE, OREGON. The City Council of the City of Eugene, Oregon that: A.Cascade Manor, Inc., a nonprofit 501(c)(3) corporation (the “Borrower”), and an affiliate of Pacific Retirement Services, Inc., a nonprofit 501(c)(3) corporation, owns a continuing care retirement community (the “CCRC”) located at 65 W 30th Avenue, 74 W 29th Avenue, 76 W 29th Avenue, 78 W 29th Avenue, 70 W 29th Place, 46 W 29th Place, 2960 Portland Street, 2962 Portland Street, 2976 Portland Street, 45 W 29th Place, 47 W 29th Place, 53 W 29th Place, 61 W 29th Place, 65 W 29th Place and 2926 Portland Street, all in Eugene, Oregon 97405. B.In October 2014, The Hospital Facilities Authority of the City of Medford, Oregon (the “Authority”) previously issued tax-exempt conduit bonds in the aggregate principal amount of $33,842,000 (the “2014 Bonds”), for the benefit of the Borrower, which financed and refinanced all or a portion of the costs of constructing, renovating, improving, enlarging, furnishing and equipping senior housing units, community amenities and additional common areas, including furniture, fixtures and equipment (“FF&E”) and other capital improvements at the Borrower’s CCRC (such financed and refinanced assets, collectively, the “2014 Project”). C.In connection with the issuance of the 2014 Bonds, the City Council of the City of Eugene held a public hearing and approved a Resolution approving the Project and the issuance of the 2014 Bonds by the Authority. D.When residential housing units at the Project are turned over for new residents to occupy, new FF&E is purchased for such units, but used FF&E in the residential housing units, which were financed with proceeds of the 2014 Bonds, may still have economic value and may be sold at fair market value, the cash proceeds of which (the “Sale Proceeds”) may then be used to purchase the new FF&E or to make other capital improvements to the CCRC (the “Reissued 2014 Bonds Project”). E.The Authority has received a request from the Borrower to reissue, for tax purposes, one or more series of tax-exempt conduit bonds in an aggregate principal amount not to exceed $5,000,000 (the “Bonds”), pursuant to a plan of finance, under the federal tax remedial action rules in Treasury Regulation 1.141-12(e)(1) (the “Tax Regulations”), for the purpose of paying the costs of the Reissued 2014 Bonds Project. Under the Tax Regulations, the Authority may only use the Sale Proceeds to pay costs of the Reissued 2014 Bonds Project if the 2014 CC Agenda - Page 40 ATTACHMENT B Resolution -- Page 2 of 2 April 13, 2020, Meeting – Item 2C Bonds are treated as reissued for federal tax purposes and all requirements for the issuance of tax-exempt debt are met with respect to the Reissued 2014 Bonds. F.Under Section 147(f) of the Internal Revenue Code of 1986, as amended, qualified 501(c)(3) bonds, such as the Reissued 2014 Bonds, must be approved by the applicable elected representatives of (i) the governmental unit issuing such bonds (the Authority) and (ii) the governmental unit having jurisdiction over the area in which the Project is located (the City of Eugene, Oregon). G.The principal and interest on the Reissued 2014 Bonds will not constitute a debt of the City of Eugene, Oregon, the City of Medford, Oregon or the Authority, nor shall the Reissued 2014 Bonds be payable from any funds of the City of Eugene, including from a tax of any nature levied upon any property within the City of Eugene nor any other political subdivision of the State of Oregon. The Reissued 2014 Bonds will be payable only from the revenues and resources of the Borrower pledged to the payment of the Reissued 2014 Bonds. H.On March 19, 2020, a notice of public hearing was published in the Register- Guard newspaper. A Hearings Officer conducted a public hearing on Thursday, March 26, 2020 at 9:03 a.m. with respect to the proposed reissuance by the Authority of the Bonds. The Hearings Officer produced a Public Hearing Report setting out the results of the public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eugene, a municipal corporation of the State of Oregon, as follows: Section 1. Bonds authorized. The City Council of the City of Eugene hereby approves the authorization and reissuance by The Hospital Facilities Authority of the City of Medford, Oregon of the Bonds in an amount not to exceed $5,000,000. Section 2. Effective Date. This Resolution shall take effect immediately upon adoption. The foregoing Resolution adopted this 13th day of April, 2020. ______________________________________ City Recorder CC Agenda - Page 41 April 13, 2020, Meeting – Item 3 EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Public Forum Meeting Date: April 13, 2020 Agenda Item Number: 3 Department: Central Services Staff Contact: Beth Forrest www.eugene-or.gov Contact Telephone Number: 541-682-5882 ISSUE STATEMENT This segment allows citizens the opportunity to express opinions and provide information to the council. Testimony presented during the Public Forum should be on city-related issues and should not address items which have already been heard by a Hearings Official or are on the present agenda as a public hearing item. SUGGESTED MOTION No action is required; this is an informational item only. FOR MORE INFORMATION Staff Contact: Beth Forrest Telephone: 541-682-5882Staff E-Mail: bforrest@eugene-or.gov CC Agenda - Page 42 April 13, 2020, Meeting – Item 4 EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Public Hearing: An Ordinance Clarifying Relationship between Approved Riverfront Park Permit and S-DR Downtown Riverfront Code and Amending Section 9.3155 of the Eugene Code, 1971. Meeting Date: April 13, 2020 Agenda Item Number: 4 Department: Public Works Staff Contact: Emily Proudfoot www.eugene-or.gov Contact Telephone Number: 541-682-4915 ISSUE STATEMENT The City Council will hold a quasi-judicial public hearing on an ordinance to amend Eugene Code Chapter 9 (land use code). This City-initiated process proposes an amendment to a section of the recently adopted land use code provisions for the Downtown Riverfront Special Area Zone. The proposed amendment would allow the City to move forward with construction of the City-approved park pavilion structure within the view corridor at the east end of 5th Avenue (see Attachment A). BACKGROUND On July 22, 2019, the City Council passed Ordinance No. 20619, approving a package of land use applications to authorize redevelopment of the former EWEB site consistent with the updated concept plan for the site. The 2019 Ordinance included amendments to Eugene Code 9.3155(15), which limits structures within the designated view corridors of the S-DR Downtown Riverfront Special Area Zone (see Attachment B). In the same ordinance, however, the City Council also approved a /WR Water Resources Conservation Overlay Zone Standards Review application (City File SDR 19-2) to allow specific park features, including an art pavilion structure within the view corridor at the East end of 5th Avenue overlooking the Willamette River (see Attachment C). In moving forward with park development, staff noticed this previously overlooked inconsistency between the limitations of EC 9.3155(15) and the authorization of SDR 19-2. The proposed amendment would address the inconsistency. The City Council’s approval of SDR 19-2 indicates an intent to authorize the placement of the art pavilion in the view corridor extending from 5th Avenue. The proposed land use code amendment would make that intent explicit and would allow the City to consider approval of future structures in a view corridor only through the /WR Standards Review process (see Attachment D). On March 3, 2020, the Eugene Planning Commission held a public hearing, deliberated, and unanimously voted to recommend that the City Council approve the proposed land use code amendment. No written or spoken testimony was received during the Planning Commission public hearing process. CC Agenda - Page 43 April 13, 2020, Meeting – Item 4 Public Hearing Notice & Procedures The notice of the Planning Commission public hearing went beyond the minimum requirements for this Type IV land use application, including mailed notice to property owners and occupants of property within 300 feet of the site, Eugene neighborhood organizations, the Oregon Department of Land Conservation and Development, Oregon Department of Transportation, Lane County, City of Springfield and other community groups and individuals who have requested notice or who were identified as interested parties in the 2019 process. Signs announcing the Planning Commission hearing were posted on and around the property in six locations. Notice of the City Council’s hearing was published in the Register-Guard and mailed in accordance with EC 9.7440. Nonetheless, no testimony, written or otherwise, has been received to date. Any written comments received after the preparation of this agenda item summary will be provided to the City Council prior to the public hearing, for inclusion into the public record. Assuming there are no issues of concern raised at the public hearing, the ordinance presented for council action on April 27, 2020, will include an immediate effective date. Construction of the Downtown Riverfront Park is scheduled to begin in early May 2020. An immediate effective date will enable City staff to include the pavilion-related construction work in the construction contract so that the construction for the art pavilion will take place as an integrated part of construction of the 5th Avenue overlook. As relevant, EC 9.8065 states: “[i]f the City Council elects to act, it may, by ordinance, adopt an amendment to this land use code that: (1) Is consistent with applicable statewide planning goals as adopted by the Land Conservation and Development Commission; and (2) Is consistent with applicable provisions of the comprehensive plan and applicable adopted refinement plans.” The proposed ordinance does not make a substantive change; it clarifies the previously-approved development. The findings adopted by the City Council for Ordinance No. 20619 are included in the record for this action to demonstrate consistency with these criteria. PREVIOUS COUNCIL DIRECTION On July 22, 2019, the Eugene City Council approved Ordinance No. 20619. Section 3 of that Ordinance approved amendments to EC 9.3155(15), which regulates development within view corridor areas of the Downtown Riverfront Special Area Zone. Section 8 of that Ordinance approved /WR Water Resources Overlay Zone Standards Review application No. SDR 19-2, including the art pavilion at a location within the view corridor area extending from 5th Street. COUNCIL OPTIONS No action is required at this time; however, options will be provided at the time of City Council action scheduled for April 27, 2020. CITY MANAGER’S RECOMMENDATION This item is scheduled for a public hearing only. Following the public hearing and City’s receipt of any testimony, the City Manager will make a recommendation for action on April 27, 2020. CC Agenda - Page 44 April 13, 2020, Meeting – Item 4 ATTACHMENTS A.Map showing S-DR View corridors and pavilion locationB.Excerpts from Ordinance No. 20619, adopted July 22, 2019C.Excerpts from /WR Water Resources Conservation Overlay Standards Review application(SDR 19-2), approved by Section 8 of Ordinance No. 20619D.Proposed Ordinance FOR MORE INFORMATION Staff Contact: Emily Proudfoot, Parks and Open Space Principal Landscape Architect Telephone: 541-682-4915Staff E-Mail: EProudfoot@eugene-or.govAs a courtesy, the materials related to this application are also publicly available on the City’s website at: https://pdd.eugene-or.gov/LandUse/SearchApplicationDocuments?file=CA-20-0001 CC Agenda - Page 45 {00345715;2} Attachment A  S‐DR View Corridors and Pavilion Location  Attachment A S-DR View Corridors and Pavilion Location Figure 9.3155(3)S-DR Zone Height Regulating Plan. LEGEND E 3RD AVE [HEIGHT STANDARD A lil HEIGHT STANDARD B HEIGHT STANDARD C I Q)|HEIGHT STANDARD D flfl HEIGHT STANDARD E Q|HEIGHT STANDARD F HEIGHT STANDARD G —SKINNER BUTTE HEIGHT LIMITATION AREA EC 9.6715<3) VIEW CORRIDOR CO 3E 6 J E 4TH AVE I E5TMAVI 4 ® ®E 6TH AVE & ® %ts J A E 7TM AVE ar 0 m or E »TH AVE Art Pavilion Location {00345715;2}April 13, 2020, Meeting – Item 4CC Agenda - Page 46 A T T A C H M E N T B A T T A C H M E N T B O R D I N A N C E N O . 2 0 6 1 9 E X C E R P T S A p r i l 1 3 , 2 0 2 0 , M e e t i n g – I t e m 4 C C A g e n d a - P a g e 4 7 C O U N C I L O R D I N A N C E N O . 2 0 6 1 9 C O U N C I L B I L L 5 2 1 3 A N O R D I N A N C E A M E N D I N G T H E W H I T E A K E R P L A N ; R E P E A L I N G T H E E W E B D O W N T O W N R I V E R F R O N T S P E C I F I C A R E A P L A N ; A M E N D I N G C H A P T E R 9 O F T H E E U G E N E C O D E ; A M E N D I N G T H E E U G E N E Z O N I N G M A P A N D O V E R L A Y Z O N E M A P ; R E S C I N D I N G T H E W I L L A M E T T E G R E E N W A Y P E R M I T A P P R O V E D B Y O R D I N A N C E N O . 2 0 5 1 3 A N D A P P R O V I N G A N E W W I L L A M E T T E G R E E N W A Y P E R M I T ; A P P R O V I N G A T E N T A T I V E S U B D I V I S I O N ; A P P R O V I N G A / W R W A T E R R E S O U R C E S O V E R L A Y Z O N E S T A N D A R D S R E V I E W ; A N D P R O V I D I N G A N E F F E C T I V E D A T E . A D O P T E D : J u l y 2 2 , 2 0 1 9 S I G N E D : J u l y 2 6 , 2 0 1 9 P A S S E D : 7 : 0 R E J E C T E D : O P P O S E D : A B S E N T : E v a n s E F F E C T I V E : A u g u s t 2 5 , 2 0 1 9 A p r i l 1 3 , 2 0 2 0 , M e e t i n g – I t e m 4 C C A g e n d a - P a g e 4 8 O R D I N A N C E N O . 2 0 6 1 9 A N O R D I N A N C E A M E N D I N G T H E W H I T E A K E R P L A N ; R E P E A L I N G T H E E W E B D O W N T O W N R I V E R F R O N T S P E C I F I C A R E A P L A N ; A M E N D I N G C H A P T E R 9 O F T H E E U G E N E C O D E ; A M E N D I N G T H E E U G E N E Z O N I N G M A P A N D O V E R L A Y Z O N E M A P ; R E S C I N D I N G T H E W I L L A M E T T E G R E E N W A Y P E R M I T A P P R O V E D B Y O R D I N A N C E N O . 2 0 5 1 3 A N D A P P R O V I N G A N E W W I L L A M E T T E G R E E N W A Y P E R M I T ; A P P R O V I N G A T E N T A T I V E S U B D I V I S I O N ; A P P R O V I N G A / W R W A T E R R E S O U R C E S O V E R L A Y Z O N E S T A N D A R D S R E V I E W ; A N D P R O V I D I N G A N E F F E C T I V E D A T E . [ A p p r o v i n g A p p l i c a t i o n s : C A 1 9 - 1 , R A 1 9 - 1 , Z 1 9 - 5 , W G 1 9 - 3 , S T 1 9 - 3 , S D R 1 9 - 2 ] T H E C I T Y O F E U G E N E D O E S O R D A I N A S F O L L O W S : S e c t i o n 1 . T h e W h i t e a k e r P l a n i s r e v i s e d a s f o l l o w s : A . A d d t e x t t o t h e L a n d U s e E l e m e n t P o l i c y 2 u n d e r t h e " C i t y P o l i c i e s / I m p l e m e n t a t i o n S t r a t e g i e s " h e a d i n g a s s h o w n : A p p l y S i t e R e v i e w s u b d i s t r i c t z o n i n g t o p r o p e r t i e s t h a t a r e z o n e d C - 2 G e n e r a l C o m m e r c i a l , G O G e n e r a l O f f i c e , o r I - 2 L i g h t - M e d i u m I n d u s t r i a l t h a t a r e a d j a c e n t , a c r o s s a n a l l e y , o r a c r o s s a s t r e e t f r o m l a n d z o n e d l o w - d e n s i t y r e s i d e n t i a l s i n c e t h e u s e s o n t h e s e p r o p e r t i e s a r e p o t e n t i a l l y i n c o m p a t i b l e w i t h t h e f o l l o w i n g e x c e p t i o n : D o n o t a p p l y S i t e R e v i e w t o C - 2 z o n e d l a n d w i t h i n t h e 6 t h / 7 t h A v e n u e C o m m e r c i a l A r e a . A l s o a p p l y S i t e R e v i e w t o p r o p e r t i e s t h a t a r e a c r o s s a d j a c e n t , a c r o s s a n a l l e y , o r a c r o s s a s t r e e t f r o m l a n d w i t h i n a h i s t o r i c d i s t r i c t w i t h t h e f o l l o w i n g e x c e p t i o n s : D o n o t a p p l y S i t e R e v i e w t o p r o p e r t y z o n e d P L P u b l i c L a n d , S - D R D o w n t o w n R i v e r f r o n t S p e c i a l A r e a Z o n e o r l o w - d e n s i t y r e s i d e n t i a l . A l s o a p p l y S i t e R e v i e w t o a l l p r o p e r t i e s z o n e d M U - W W h i t e a k e r M i x e d U s e a n d t o a l l p r o p e r t i e s z o n e d R - 2 / 2 0 o r a n y o t h e r r e s i d e n t i a l z o n i n g d i s t r i c t t h a t a l l o w s a n e q u a l o r h i g h e r r e s i d e n t i a l d e n s i t y , e x c l u d i n g p r o p e r t y i n a h i s t o r i c d i s t r i c t o r i n t h e S - D R D o w n t o w n R i v e r f r o n t S p e c i a l A r e a Z o n e . F o r p a r c e l s z o n e d w i t h t h e s i t e r e v i e w s u b d i s t r i c t a s p a r t o f t h e W h i t e a k e r P l a n i m p l e m e n t a t i o n r e z o n i n g s , t h e t r i g g e r i n g t h r e s h o l d f o r w h e n t o a p p l y s i t e r e v i e w s h a l l b e a s f o l l o w s : S i t e r e v i e w i s r e q u i r e d f o r n e w d e v e l o p m e n t , e x c e p t f o r t h e e x p a n s i o n o r a l t e r n a t i o n o f s i n g l e - f a m i l y s t r u c t u r e s i n r e s i d e n t i a l u s e . N e w d e v e l o p m e n t i s d e f i n e d a s t h e d e v e l o p m e n t o f a n e w s t r u c t u r e , e x c l u d i n g s i n g l e - f a m i l y s t r u c t u r e s , o r a n a d d i t i o n t o a n e x i s t i n g s t r u c t u r e t h a t e x p a n d s t h e b u i l d i n g f o o t p r i n t . B . A d d t e x t t o t h e A d d t e x t t o t h e L a n d U s e E l e m e n t P o l i c y 2 u n d e r t h e " S k i n n e r B u t t e M i x e d U s e A r e - S u b a r e a 1 1 " h e a d i n g a s s h o w n : C h a n g e t h e z o n i n g i n t h e S k i n n e r B u t t e M i x e d U s e A r e a t o a p p l y t h e M U - W W h i t a k e r O r d i n a n c e - - P a g e 1 o f 3 A p r i l 1 3 , 2 0 2 0 , M e e t i n g – I t e m 4 C C A g e n d a - P a g e 4 9 M i x e d U s e D i s t r i c t t o p r o p e r t i e s d e s i g n a t e d f o r M i x e d U s e o n t h e W h i t e a k e r P l a n L a n d U s e D i a g r a m e x c e p t f o r p a r c e l s t h a t a r e z o n e d S D S p e c i a l D e v e l o p m e n t D i s t r i c t . A p p l y R - 3 M u l t i p l e - F a m i l y R e s i d e n t i a l z o n i n g t o p r o p e r t i e s d e s i g n a t e d L i m i t e d H i g h - D e n s i t y R e s i d e n t i a l . A l l o w f u t u r e r e z o n i n g o f p a r c e l s z o n e d S D a s i n i t i a t e d b y t h e p r o p e r t y o w n e r . A p p l y S R S i t e R e v i e w s u b d i s t r i c t z o n i n g t o a l l p r o p e r t y z o n e d M U - W W h i t a k e r M i x e d U s e , e x c e p t f o r p r o p e r t y i n t h e S - D R D o w n t o w n R i v e r f r o n t S p e c i a l A r e a Z o n e . S e c t i o n 2 . T h e E W E B D o w n t o w n R i v e r f r o n t S p e c i f i c A r e a P l a n , a d o p t e d b y S e c t i o n 2 o f O r d i n a n c e N o . 2 0 5 1 3 , i s r e p e a l e d . S e c t i o n 3 . T h e t e x t , m a p s a n d f i g u r e s o f C h a p t e r 9 o f t h e E u g e n e C o d e , 1 9 7 1 , a r e a m e n d e d , r e p e a l e d , a n d / o r r e p l a c e d a s s h o w n o n E x h i b i t A ( " E u g e n e C o d e C h a p t e r 9 T e x t , M a p s a n d F i g u r e s A m e n d e d , R e p e a l e d o r R e p l a c e d " ) . S e c t i o n 4 . T h e E u g e n e Z o n i n g M a p a n d O v e r l a y Z o n e M a p a r e a m e n d e d a s s h o w n o n t h e t a b l e a n d m a p s a t E x h i b i t B ( " E u g e n e Z o n i n g M a p a n d O v e r l a y Z o n e M a p A m e n d m e n t s " ) . S e c t i o n 5 . T h e W i l l a m e t t e G r e e n w a y p e r m i t a p p r o v e d b y O r d i n a n c e N o . 2 0 5 1 3 i s h e r e b y r e s c i n d e d a n d , p u r s u a n t t o E C 9 . 8 8 0 0 - 9 . 8 8 2 5 , t h e C i t y C o u n c i l h e r e b y a p p r o v e s t h e D o w n t o w n R i v e r f r o n t W i l l a m e t t e G r e e n w a y P e r m i t a p p l i c a t i o n ( W G 1 9 - 3 ) f o r t h e p o r t i o n o f t h e W i l l a m e t t e R i v e r G r e e n w a y w i t h i n t h e b o u n d a r i e s o f t h e S - D R R i v e r f r o n t S p e c i a l A r e a Z o n e ( a l l o w i n g d e v e l o p m e n t c o n s i s t e n t w i t h t h e a p p l i c a b l e S - D R D o w n t o w n R i v e r f r o n t S p e c i a l A r e a Z o n e c o d e p r o v i s i o n s a s a m e n d e d a n d / o r a d o p t e d b y t h i s O r d i n a n c e ) . T h e W i l l a m e t t e G r e e n w a y P e r m i t a p p r o v e d b y t h i s O r d i n a n c e s h a l l r e m a i n i n e f f e c t f o r a n y l a n d w i t h i n t h e W i l l a m e t t e G r e e n w a y b o u n d a r i e s i n t h e S - D R z o n e f o r a s l o n g a s t h a t l a n d c o n t i n u e s t o b e i n t h e S - D R z o n e . A n e w W i l l a m e t t e R i v e r G r e e n w a y s e t b a c k b o u n d a r y i s h e r e b y e s t a b l i s h e d i n a c c o r d a n c e w i t h t h e a p p l i c a b l e a p p r o v a l c r i t e r i a a t S e c t i o n 9 . 8 8 1 5 ( 5 ) ( a ) o f t h e E u g e n e C o d e , a s s h o w n o n E x h i b i t C ( " R e g u l a t o r y P l a n " ) . S e c t i o n 6 . P u r s u a n t t o E C 9 . 8 5 0 0 - 9 . 8 5 1 5 , t h e C i t y C o u n c i l h e r e b y a p p r o v e s D o w n t o w n R i v e r f r o n t T e n t a t i v e S u b d i v i s i o n a p p l i c a t i o n S T 1 9 - 3 . S e c t i o n 7 . P u r s u a n t t o t h e p o l i c y a d o p t e d i n t o t h e E u g e n e C o d e a t S e c t i o n 9 . 4 9 2 0 ( 5 ) b y t h e C i t y C o u n c i l i n O r d i n a n c e , 2 0 3 5 2 ( N o v e m b e r 1 4 , 2 0 0 5 ) , a r e a s t h a t w e r e d e v e l o p e d p r i o r t o N o v e m b e r 1 4 , 2 0 0 5 , w e r e e x c l u d e d f r o m t h e P A I R W a t e r R e s o u r c e s O v e r l a y Z o n e C o n s e r v a t i o n A r e a . B y O r d i n a n c e N o . 2 0 5 1 3 ( J u l y 8 , 2 0 1 3 ) , t h e C i t y C o u n c i l i d e n t i f i e d t h e p o r t i o n o f t h e D o w n t o w n R i v e r f r o n t S p e c i a l A r e a Z o n e t h a t i n c l u d e s l a n d s u b j e c t t o t h i s e x c l u s i o n f r o m t h e A / V R C o n s e r v a t i o n A r e a . F o r i l l u s t r a t i v e p u r p o s e s , t h e l o c a t i o n o f t h a t p r i o r d e v e l o p e d a r e a i s s h o w n o n E x h i b i t C ( " R e g u l a t o r y P l a n " ) . S e c t i o n 8 . P u r s u a n t t o E C 9 . 8 4 6 0 - 9 . 8 4 7 2 , t h e C i t y C o u n c i l h e r e b y a p p r o v e s t h e D o w n t o w n R i v e r f r o n t / W R W a t e r R e s o u r c e s O v e r l a y Z o n e S t a n d a r d s R e v i e w a p p l i c a t i o n S D R 1 9 - 2 . S e c t i o n 9 . I n s u p p o r t o f t h e a c t i o n s t a k e n b y t h e C i t y t h r o u g h t h i s O r d i n a n c e , t h e C i t y C o u n c i l a c c e p t s t h e f i n d i n g s p r o v i d e d i n E x h i b i t D t o t h i s O r d i n a n c e . S e c t i o n 1 0 . T h e C i t y R e c o r d e r , a t t h e r e q u e s t o f , o r w i t h t h e c o n s e n t o f t h e C i t y A t t o r n e y , i s a u t h o r i z e d t o a d m i n i s t r a t i v e l y c o r r e c t a n y r e f e r e n c e e r r o r s c o n t a i n e d h e r e i n , o r i n o t h e r p r o v i s i o n s o f t h e E u g e n e C o d e , 1 9 7 1 , t o t h e p r o v i s i o n s a d d e d , a m e n d e d o r r e p e a l e d h e r e i n . O r d i n a n c e - - P a g e 2 o f 3 A p r i l 1 3 , 2 0 2 0 , M e e t i n g – I t e m 4 C C A g e n d a - P a g e 5 0 S e c t i o n 1 1 . T h i s O r d i n a n c e , i n c l u d i n g t h e l a n d u s e a p p r o v a l s g r a n t e d h e r e i n , s h a l l b e c o m e e f f e c t i v e 3 0 d a y s f r o m t h e d a t e o f i t s a d o p t i o n b y t h e C o u n c i l a n d a p p r o v a l b y t h e M a y o r . P a s s e d b y t h e C i t y C o u n c i l t h i s 2 2 n d d a y o f J u l y , 2 0 1 9 A p p r o v e d b y t h e M a y o r t h i s 3 C o d a y o f J u l y , 2 0 1 9 d l t i f r u y s \ ' J S / D e p u t y C i t y R e c o r d e r M a y o r O r d i n a n c e - - P a g e 3 o f 3 A p r i l 1 3 , 2 0 2 0 , M e e t i n g – I t e m 4 C C A g e n d a - P a g e 5 1 O r d i n a n c e N o 2 0 6 1 9 E x h i b i t A ( f ) W o o d w o r k i n g ( i n c l u d i n g c a b i n e t m a k e r s ) . ( 6 ) I n d u s t r i a l S e r v i c e U s e s . P e r m i t t e d i n S - D R / M U . T h i s c a t e g o r y o f u s e s r e f e r s t o t h e r e p a i r o r s e r v i c i n g o f i n d u s t r i a l , b u s i n e s s , o r c o n s u m e r m a c h i n e r y , e q u i p m e n t , p r o d u c t s , o r b y - p r o d u c t s . E x a m p l e s i n c l u d e , b u t a r e n o t l i m i t e d t o : ( a ) E l e c t r i c m o t o r r e p a i r ; ( b ) P r i n t i n g , p u b l i s h i n g , a n d l i t h o g r a p h y ; ( c ) R e s e a r c h a n d d e v e l o p m e n t l a b o r a t o r i e s ; ( d ) R e p a i r o f s c i e n t i f i c o r p r o f e s s i o n a l i n s t r u m e n t s ; ( e ) S a l e s , r e p a i r , o r s t o r a g e f o r b u i l d i n g , h e a t i n g , p l u m b i n g , o r e l e c t r i c a l c o n t r a c t o r s ; ( 7 ) P a r k s a n d O p e n S p a c e U s e s . P e r m i t t e d i n S - D R / M U , S - D R / M U / 1 , S - D R / M U / 2 , a n d S - D R / C L . T h i s c a t e g o r y o f u s e s r e f e r s t o a r e a s u s e d f o r p u b l i c r e c r e a t i o n a l a c t i v i t i e s a n d a r e a s h a v i n g s c e n i c , b i o l o g i c a l , o r e c o l o g i c a l s i g n i f i c a n c e i d e n t i f i e d f o r p r e s e r v a t i o n o r e n h a n c e m e n t . E x a m p l e s i n c l u d e , b u t a r e n o t l i m i t e d t o : ( a ) P a r k s , p u b l i c s q u a r e s , p l a z a s , b o a r d w a l k s , f o u n t a i n s , a r b o r e t u m s , t r a i l s , m u l t i - u s e p a t h s , g a r d e n s , a n d n a t u r a l a r e a s ; ( b ) P a r k f u r n i s h i n g s ( i n c l u d i n g p l a y e q u i p m e n t , p i c n i c t a b l e s , b e n c h e s , b i c y c l e r a c k s , a n d i n t e r p r e t i v e s i g n a g e ) ; ( c ) P a r k s t r u c t u r e s ( i n c l u d i n g k i o s k s , g a z e b o s , p a v i l i o n s , p i c n i c s h e l t e r s , p e r g o l a , a r b o r s , a n d r e s t r o o m s ) ; ( d ) G r e e n i n f r a s t r u c t u r e ( i n c l u d i n g i n f i l t r a t i o n p l a n t e r s , r a i n g a r d e n s , f l o w - t h r o u g h p l a n t e r s , v e g e t a t e d s w a l e s , v e g e t a t e d f i l t e r s t r i p s , a n d w a t e r q u a l i t y p o n d s , b a s i n s , a n d w e t l a n d s ) . ( 8 ) U t i l i t i e s a n d C o m m u n i c a t i o n s U s e s . P e r m i t t e d i n S - D R / C L a n d S - D R / M U . T h i s c a t e g o r y o f u s e s r e f e r s t o a b o v e g r o u n d i n f r a s t r u c t u r e s e r v i c e s t h a t i n c l u d e , b u t a r e n o t l i m i t e d t o : ( a ) W a t e r , g a s , s a n i t a r y s e w e r , s t o r m w a t e r t r e a t m e n t a n d d r a i n a g e , e l e c t r i c , t e l e p h o n e , a n d c a b l e s e r v i c e i n f r a s t r u c t u r e ; ( b ) P u m p i n g s t a t i o n s , u n d e r g r o u n d t r a n s m i s s i o n f a c i l i t i e s , a n d s u b s t a t i o n s ; ( c ) D i s t r i c t h e a t i n g a n d c o o l i n g s y s t e m s ( i n c l u d i n g g e o t h e r m a l w e l l s ) ; ( d ) R e l a t e d p h y s i c a l f a c i l i t i e s t h a t d o n o t i n c l u d e b u i l d i n g s r e g u l a r l y o c c u p i e d b y e m p l o y e e s , p a r k i n g a r e a s , o r v e h i c l e , e q u i p m e n t , o r m a t e r i a l s t o r a g e a r e a s . S e c t i o n 9 . 3 1 4 6 o f t h e E u g e n e C o d e , 1 9 7 1 , i s a m e n d e d t o p r o v i d e a s f o l l o w s : S - D R D o w n t o w n R i v e r f r o n t S p e c i a l A r e a Z o n e P r o h i b i t e d U s e s . T h e f o l l o w i n g u s e s a r e n o t p e r m i t t e d i n t h e S - D R Z o n e . ( 1 ) T h e f o l l o w i n g " R e t a i l S a l e s a n d S e r v i c e U s e s " a r e n o t p e r m i t t e d . ( a ) A g r i c u l t u r a l M a c h i n e r y R e n t a l ; ( b ) C a s i n o s ; ( c ) D r i v e - t h r o u g h f a c i l i t i e s , e x c e p t a s p e r m i t t e d a t E C 9 . 3 1 4 5 ( 4 ) ( e ) ; ( d ) I n d o o r f i r i n g r a n g e s ; ( e ) H e a v y E q u i p m e n t S a l e s ; ( f ) K e n n e l s ; ( g ) M o r t u a r i e s ; 9 . 3 1 4 6 P a g e 5 o f 3 9 A p r i l 1 3 , 2 0 2 0 , M e e t i n g – I t e m 4 C C A g e n d a - P a g e 5 2 O r d i n a n c e N o 2 0 6 1 9 E x h i b i t A S e c t i o n 9 . 3 1 5 5 o f t h e E u g e n e C o d e , 1 9 7 1 , i s a m e n d e d t o p r o v i d e a s f o l l o w s : S - D R D o w n t o w n R i v e r f r o n t S p e c i a l A r e a Z o n e G e n e r a l D e v e l o p m e n t S t a n d a r d s ( a p p l i c a b l e t o a l l p r o p e r t y ) . ( 1 ) A p p l i c a t i o n o f S t a n d a r d s . T h e S p e c i a l D e v e l o p m e n t S t a n d a r d s f o r C e r t a i n U s e s a t E C 9 . 5 0 0 0 t h r o u g h 9 . 5 3 5 0 a n d t h e G e n e r a l S t a n d a r d s f o r A l l D e v e l o p m e n t a t E C 9 . 6 0 0 0 t h r o u g h 9 . 6 8 8 5 a p p l y w i t h i n t h e S - D R Z o n e , e x c e p t a s p r o v i d e d a t E C 9 . 3 1 4 8 t h r o u g h E C 9 . 3 1 8 5 . I n t h e e v e n t o f a c o n f l i c t , t h e p r o v i s i o n s o f E C 9 . 3 1 4 8 t o E C 9 . 3 1 8 5 s h a l l c o n t r o l . ( 2 ) S e t b a c k s ( B u i l d i n g a n d Y a r d ) . U n l e s s o t h e r w i s e s p e c i f i e d a t E C 9 . 3 1 8 0 t h r o u g h E C 9 . 3 1 8 5 , t h e r e a r e n o m i n i m u m f r o n t o r i n t e r i o r y a r d s e t b a c k s f o r a b u i l d i n g o r s t r u c t u r e . ( 3 ) B u i l d i n g H e i g h t . M i n i m u m a n d m a x i m u m b u i l d i n g h e i g h t s s h a l l b e d e t e r m i n e d u s i n g F i g u r e 9 . 3 1 5 5 ( 3 ) S - D R Z o n e H e i g h t R e g u l a t i n g P l a n a n d F i g u r e s 9 . 3 1 5 5 ( 3 ) ( a ) t h r o u g h ( g ) . I n t h e e v e n t o f a c o n f l i c t b e t w e e n t h e w r i t t e n t e x t a n d t h e f i g u r e s , t h e f i g u r e s s h a l l c o n t r o l . N o t w i t h s t a n d i n g t h e p r o v i s i o n s i n E C 9 . 6 7 1 5 a n d E C 9 . 6 7 2 0 , t r e l l i s e s , s t r u c t u r e s p r o v i d i n g w e a t h e r p r o t e c t i o n , a r c h i t e c t u r a l f e a t u r e s , a n d o t h e r d e v i c e s m a y b e e r e c t e d n o m o r e t h a n 1 2 f e e t a b o v e t h e h e i g h t l i m i t s e s t a b l i s h e d i n t h i s l a n d u s e c o d e , w h e t h e r s u c h s t r u c t u r e i s a t t a c h e d t o i t o r f r e e s t a n d i n g . ( 4 ) B u i l d i n g S t e p b a c k s . R e q u i r e d b u i l d i n g s t e p b a c k s i n t h e S - D R Z o n e a r e s h o w n o n F i g u r e s 9 . 3 1 5 5 ( 3 ) ( a ) t h r o u g h ( g ) . S t e p b a c k s a r e m e a s u r e d f r o m t h e f r o n t o f t h e b u i l d i n g f a c i n g a p r i m a r y s t r e e t , f r o m t h e s i d e o f t h e b u i l d i n g a d j a c e n t t o a n a l l e y o r , w h e r e a p p l i c a b l e , f r o m t h e s i d e o f t h e b u i l d i n g w h e n a b u t t i n g t h e S - D R / C L s u b d i s t r i c t . ( 5 ) B u i l d i n g E n t r a n c e s . B u i l d i n g s f r o n t i n g o n a s t r e e t s h o w n i n F i g u r e 9 . 3 1 6 0 ( 4 ) S - D R Z o n e S t r e e t N e t w o r k m u s t p r o v i d e a m a i n e n t r a n c e o n t h e f a c a d e o f t h e b u i l d i n g f a c i n g t h e s t r e e t . A m a i n e n t r a n c e i s t h e p r i n c i p a l e n t r y t h r o u g h w h i c h p e o p l e e n t e r t h e b u i l d i n g . A b u i l d i n g m a y h a v e m o r e t h a n o n e m a i n e n t r a n c e . B u i l d i n g s h a v i n g f r o n t a g e o n m o r e t h a n o n e s t r e e t s h a l l p r o v i d e a t l e a s t o n e m a i n e n t r a n c e o r i e n t e d t o a s t r e e t , o r t o t h e c o r n e r w h e r e t w o s t r e e t s i n t e r s e c t . ( 6 ) B u i l d i n g P r o j e c t i o n s . B u i l d i n g p r o j e c t i o n s s u c h a s b a y w i n d o w s a n d a r t i c u l a t e d b a l c o n i e s a r e p e r m i t t e d f o r n o m o r e t h a n 5 0 p e r c e n t o f t h e l e n g t h o f t h e a f f e c t e d f l o o r . N o p r o j e c t i o n s h a l l e x t e n d t o m o r e t h a n 5 f e e t o v e r t h e p u b l i c r i g h t - o f - w a y . A l l p r o j e c t i o n s s h a l l b e a m i n i m u m o f 8 f e e t a b o v e g r a d e . ( 7 ) W e a t h e r P r o t e c t i o n . W e a t h e r p r o t e c t i o n f e a t u r e s s u c h a s c a n o p i e s , a w n i n g s , o r a r c a d e s s h a l l b e p r o v i d e d o v e r a t l e a s t t h e f u l l w i d t h o f a l l b u i l d i n g e n t r a n c e s t o a d e p t h o f a t l e a s t 3 f e e t b e y o n d t h e f a c e o f t h e b u i l d i n g . ( 8 ) M u l t i p l e - F a m i l y S t a n d a r d s . T h e M u l t i p l e - F a m i l y S t a n d a r d s a t E C 9 . 5 5 0 0 ( 1 ) t h r o u g h ( 1 4 ) a r e n o t a p p l i c a b l e i n t h e S - D R Z o n e , e x c e p t f o r t h e f o l l o w i n g . T h e r e q u i r e m e n t s a t E C 9 . 5 5 0 0 ( 9 ) ( a ) , ( b ) , a n d ( d ) a p p l y w i t h i n t h e S - D R Z o n e . ( 9 ) O u t d o o r S t o r a g e . F o r n o n - r e s i d e n t i a l d e v e l o p m e n t , n o o u t d o o r s t o r a g e i s p e r m i t t e d e x c e p t f o r e q u i p m e n t u s e d b y a n o u t d o o r r e s t a u r a n t o r c a f e . ( 1 0 ) O u t d o o r L i g h t i n g . O u t d o o r l i g h t i n g s h a l l c o n f o r m t o s t a n d a r d s s p e c i f i e d a t E C 9 . 6 7 2 5 a s i n d i c a t e d b e l o w : ( a ) N o t w i t h s t a n d i n g a n y o t h e r p r o v i s i o n s o f t h i s c o d e , o u t d o o r l i g h t i n g o f a b u i l d i n g f a c a d e i s p e r m i t t e d f o r b u i l d i n g s w i t h i n t h e S - D R / M U / 2 s u b d i s t r i c t i f p r o v i d e d i n a c c o r d a n c e w i t h t h e s t a n d a r d s f o r a b u i l d i n g o f e x c e p t i o n a l s y m b o l i c o r h i s t o r i c s i g n i f i c a n c e ( r e f e r t o E C 9 . 6 7 2 5 ( 1 3 ) ) . 9 . 3 1 5 5 P a g e 8 o f 3 9 A p r i l 1 3 , 2 0 2 0 , M e e t i n g – I t e m 4 C C A g e n d a - P a g e 5 3 O r d i n a n c e N o 2 0 6 1 9 E x h i b i t A ( b ) O u t d o o r l i g h t i n g i n t h e S - D R / M U s u b d i s t r i c t s h a l l c o n f o r m t o s t a n d a r d s s p e c i f i e d a t E C 9 . 6 7 2 5 ( 8 ) ( c ) - M e d i u m A m b i e n t . ( c ) O u t d o o r l i g h t i n g i n t h e S - D R / C L s u b d i s t r i c t s h a l l c o n f o r m t o s t a n d a r d s s p e c i f i e d a t E C 9 . 6 7 2 5 ( 8 ) ( b ) - L o w A m b i e n t , e x c e p t t h a t p l a z a s a n d m u l t i - u s e p a t h s s h a l l b e i l l u m i n a t e d t o a m i n i m u m a v e r a g e m a i n t a i n e d l u m i n a n c e o f . 9 f o o t - c a n d l e a n d n o t t o e x c e e d a m a x i m u m a v e r a g e m a i n t a i n e d l u m i n a n c e o f 3 . 5 f o o t - c a n d l e . ( 1 1 ) D e l i v e r y a n d L o a d i n g A r e a s . A l l d e l i v e r y a n d l o a d i n g a r e a s i n t h e S - D R / M U s u b d i s t r i c t s h a l l m e e t t h e f o l l o w i n g s t a n d a r d s . ( a ) M a n e u v e r i n g a n d c i r c u l a t i o n r e l a t e d t o d e l i v e r y a n d l o a d i n g i s n o t p e r m i t t e d b e t w e e n t h e s t r e e t a n d t h e p o r t i o n o f a b u i l d i n g u s e d t o c o m p l y w i t h b u i l d i n g s e t b a c k r e q u i r e m e n t s . ( b ) A l l l o a d i n g s p a c e s s h a l l b e o f f t h e s t r e e t , s h a l l b e i n a d d i t i o n t o r e q u i r e d m o t o r v e h i c l e p a r k i n g s p a c e s , a n d s h a l l b e s e r v e d b y s e r v i c e d r i v e s , a l l e y s , p r i v a t e a c c e s s w a y s , o r m a n e u v e r i n g a r e a s s o t h a t n o b a c k w a r d m o v e m e n t o r o t h e r v e h i c l e m a n e u v e r i n g w i t h i n a s t r e e t w i l l b e r e q u i r e d . ( c ) A l l o f f - s t r e e t l o a d i n g s p a c e s s h a l l b e o n i n t e r i o r s e r v i c e c o u r t s , a l l e y s , o r s c r e e n e d f r o m v i e w f r o m a l l a d j a c e n t p r o p e r t y l i n e s a c c o r d i n g t o E C 9 . 6 2 1 0 ( 4 ) H i g h W a l l L a n d s c a p e S t a n d a r d s ( L - 4 ) . ( d ) T h e a b o v e s t a n d a r d s d o n o t a p p l y t o d e v e l o p m e n t i n t h e S - D R / M U / 1 o v e r l a y s u b d i s t r i c t . ( 1 2 ) S i g n s . S i g n s s h a l l c o n f o r m t o s t a n d a r d s s p e c i f i e d a t E C 9 . 6 6 7 0 C e n t r a l C o m m e r c i a l e x c e p t a s i d e n t i f i e d a t E C 9 . 3 1 8 5 ( 3 ) ( f ) f o r t h e S - D R / C L s u b d i s t r i c t . ( 1 3 ) P e d e s t r i a n C i r c u l a t i o n . T h e p r o v i s i o n s o f E C 9 . 6 7 3 0 ( 3 ) ( c ) d o n o t a p p l y w i t h i n t h e S - D R Z o n e . ( 1 4 ) P u b l i c S t r u c t u r e d P a r k i n g . O n e p e r c e n t o f t h e t o t a l c o s t o f a p u b l i c p a r k i n g s t r u c t u r e m u s t b e u s e d t o i n c l u d e p u b l i c a r t a s a c o m p o n e n t o f t h e p a r k i n g s t r u c t u r e . P u b l i c a r t u s e d t o c o m p l y w i t h t h i s s t a n d a r d s h a l l b e l o c a t e d o n t h e e x t e r i o r o f t h e p a r k i n g s t r u c t u r e . C o m p l i a n c e w i t h t h i s s t a n d a r d s h a l l b e d e m o n s t r a t e d a t t h e t i m e o f b u i l d i n g p e r m i t . ( 1 5 ) V i e w C o r r i d o r R e q u i r e m e n t s . V i e w c o r r i d o r s s h a l l b e p r o v i d e d i n t h o s e a r e a s i d e n t i f i e d o n F i g u r e 9 . 3 1 5 5 ( 3 ) , i n a d d i t i o n t o c o m p l i a n c e w i t h o t h e r a p p l i c a b l e s t a n d a r d s o f t h e S - D R Z o n e . V i e w c o r r i d o r s s h a l l b e a m i n i m u m 4 0 f e e t i n w i d t h , s h a l l b e i n a l i g n m e n t w i t h p u b l i c r i g h t s - o f - w a y , a n d s h a l l b e u n o b s t r u c t e d b y b u i l d i n g s o r s t r u c t u r e s e x c e p t a p e r m i t t e d a t E C 3 1 5 5 ( 6 ) . ( 1 6 ) P r i o r D e v e l o p e d A r e a s . T h e s t a n d a r d s a n d r e q u i r e m e n t s a t E C 9 . 4 9 0 0 t h r o u g h E C 9 . 4 9 8 0 d o n o t a p p l y t o p r i o r d e v e l o p e d a r e a s p u r s u a n t t o E C 9 . 4 9 2 0 ( 5 ) a s i d e n t i f i e d o n E x h i b i t D t o O r d i n a n c e N o . 2 0 6 1 9 . ( 1 7 ) S t o r m w a t e r Q u a l i t y C o n t r o l S t a n d a r d s . T h e S t o r m w a t e r Q u a l i t y C o n t r o l s t a n d a r d s a t E C 9 . 6 7 9 2 ( 3 ) a r e n o t a p p l i c a b l e i n t h e S - D R Z o n e . T h e f o l l o w i n g s t a n d a r d s a p p l y , i n s t e a d : ( a ) F o r l a n d u s e a p p l i c a t i o n s p r o p o s i n g t h e c o n s t r u c t i o n o f a p u b l i c o r p r i v a t e s t r e e t , s t o r m w a t e r f a c i l i t i e s s h a l l b e s e l e c t e d f r o m t h e S t o r m w a t e r M a n a g e m e n t M a n u a l a n d m a y b e s i z e d t o a l s o t r e a t s o m e o r a l l t h e s t o r m w a t e r r u n o f f f r o m f u t u r e d e v e l o p m e n t o n l o t s a d j o i n i n g t h e s t r e e t . ( b ) A p p l i c a t i o n s f o r a d e v e l o p m e n t p e r m i t s h a l l c o m p l y w i t h s u b s e c t i o n ( c ) b e l o w a t t h e t i m e o f d e v e l o p m e n t p e r m i t a p p l i c a t i o n u n l e s s t h e a p p l i c a n t h a s e n t e r e d i n t o a n a g r e e m e n t w i t h t h e C i t y o f E u g e n e d e m o n s t r a t i n g t h a t a s t o r m w a t e r f a c i l i t y a p p r o v e d p u r s u a n t t o ( a ) w i l l t r e a t a l l o f t h e P a g e 9 o f 3 9 A p r i l 1 3 , 2 0 2 0 , M e e t i n g – I t e m 4 C C A g e n d a - P a g e 5 4 O r d i n a n c e N o 2 0 6 1 9 E x h i b i t A F i g u r e 9 . 3 1 5 5 ( 1 ) S - D R Z o n e E n c r o a c h m e n t s i s r e p e a l e d . • F i g u r e 9 . 3 1 5 5 ( 2 ) S - D R Z o n e H e i g h t R e g u l a t i n g P l a n i s r e p e a l e d a n d r e p l a c e d w i t h F i g u r e 9 . 3 1 5 5 ( 3 ) S - D R Z o n e H e i g h t R e g u l a t i n g P l a n a s f o l l o w s : F i g u r e 9 . 3 1 5 5 ( 3 ) S - D R Z o n e H e i g h t R e g u l a t i n g P l a n . T T I L E G E N D E 3 R D A V E I I H E I G H T S T A N D A R D A f c > B H E I G H T S T A N D A R D B 3 F - H E I G H T S T A N D A R D C | ( j ) | H E I G H T S T A N D A R D D | ( g | H E I G H T S T A N D A R D E | Q | H E I G H T S T A N D A R D F [ W ] H E I G H T S T A N D A R D G — S K I N N E R B U T T E H E I G H T L I M I T A T I O N A R E A E C 9 . 6 7 1 5 ( 3 ) " V I E W C O R R I D O R a U - 6 . I I H A V E | • O 1 i B E J j f H A V E © © © E 6 1 H A V E < 1 % V % % % - J L J E 7 T H A V E © © . . . . n o L E & I H A V E V , \ N J _ P a g e 1 1 o f 3 9 A p r i l 1 3 , 2 0 2 0 , M e e t i n g – I t e m 4 C C A g e n d a - P a g e 5 5 EXCERPTS FROM SDR 19-2 APPROVED BY ORDINANCE NO. 20619 ATTACHMENT C April 13, 2020, Meeting – Item 4CC Agenda - Page 56 r T a x L o t M a p I D IwjtKrCV»bV2 ! 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I IEubohB M a p I D T a x L o t 1 7 - 0 3 - 2 9 - 3 3 L o t # 1 8 0 0 ProjectSite"• V h J f c O R D I N A R Y H I G H W A T E R L I N E ( O H W ) s H V/OhAwI I £ W R C O N S E R V A T I O N S E T B A C K B O U N D A R Y / W M / W l 7ihAvoE7tbAvaEugene». «»'IVr.-'UjDe'jghTulT.-ci^U I \ I M a p I D T a x L o t - 1 7 - 0 3 - 2 9 - 3 3 L o t # 1 9 0 0 t III Ii n j f t l M A T C H L I N E l i 1 )EBrc-cJrra/i!rxCu0«nePuticqOoAOtCTrt1»1 M a p I D T a x L o t 1 7 - 0 3 - 2 9 - 3 3 L o t # 2 0 0 0 w i 1 f I « / cryI"^'9.Pff'.tf'f'cfllRcSio-t'iPjiV [ Z S g W R C O N S E R V A T I O N A R E A ti'DOWtlTOWNI I pMjttSe«Kf•EIJlHArtIAn I I -Universityf.•.ofOregon H IIIfJordjiSchWMWuseuncl/.n9 V , W R C O N S E R V A T I O N S E T B A C K A R E A I not toscaleVICINITYMAP I / . 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L L N < C C > - 5 S j i z ? 2 2 1 0 X . 1 i D £ a : 3 C O S o H a i J ( / ) L U C O Q : ' : j ij Q i o r « 2i - i P A V I L I O N o o 8 5 < C O L U / O H \ 1 0 X . 2 / 5 T H S T R E E T O V E R L O O K O N S T R U C T U R E a : < a : Z d " 5 !I \ \ S 2 § o l _ Z 0 T C ^ Z i o ! L l _ /U < Z o $ 41 - > J z I J o /§5I I Y A K E Y P L A N a M A T C H L I N E 1 0 X . 1 MATCHLINE10X.1inis M A T C H L I N E 1 0 X . 2 MATCHLINE10X.2 N O R T H <D S H E E T N O . 5.2PROJECTNOTES:1.PROPOSEDIMPROVEMENTSWILLNOTOCCURBELOWORDINARYHIGHWATER(OHW)2.ALLIMPROVEMENTSSHOWNARECONCEPTUALANDPROVIDEDFORTHEPURPOSESOFSTANDARDSREVIEWONLY.3.ALLSITEANDUTILITYDESIGNDETAILS,DIMENSIONS,ANDLAYOUTSAREINCONFORMANCEWITHTHEWRCONSERVATIONSTANDA R D S . 4.ACTUALDETAILSWILLBEPROVIDEDATTHETIMEOFBUILDINGPERMITSUBMITTALINCOMPLIANCEWITHALLAPPLICABLECITYCO D E R E Q U I R E M E N T S . W R S C A L E 1 I N C H - 4 0 F E E T 1 0 1 . 1 II 4 0 0 4 0 8 0 C I T Y O F E U G E N E P R O J E C T N O . 9 6 5 3 0 2 A p r i l 1 3 , 2 0 2 0 , M e e t i n g – I t e m 4 C C A g e n d a - P a g e 5 7 T MA T C H L I N E 10 X . 1 ' I" I. : MA T C H L I N E 10 X . 2 LEGEND EX I S T I N G BO W TR U S S BU I L D I N G (T O BE RE M O V E D BY OT H E R S ) LIMITS OF WORK Ma p ID Ta x Lo t 17 - 0 3 - 3 2 - 2 2 Lo t #0 0 8 0 2 Ph a s e 1 Ri v e r f r o n t Pa r k Bo u n d a r y : 3. 3 0 AC . PROPERTY LINE/TAX LOT BOUNDARY / i 1 fl TOP OF BANK (TOB) I / « ORDINARY HIGH WATER UNE (OHW) I / \ /Wl /Wl WR CONSERVATION SETBACK BOUNDARY PH A S E 2 RI V E R F R O N T PA R K BO U N D A R Y - v/ a\ • ,I 4 MATCHUNE I / 8 z 4. / WR CONSERVATION AREA g * N z / / \ I / 4 i V / s / AR C H I T E C T U R A L SH A D E ST R U C T U R E #1 N WR CONSERVATION SETBACK AREA / EX I S T I N G MA I N T E f $ $ y p SC 3 l e BU I L D I N G (T O BE RE M O V E D BY OT H E R S ) / / 4 T S s z <a N\ k\ <WR PRIOR DEVELOPED AREAS zl O)o s i § / N EX I S T I N G MA I N T E N A N C E - BU I L D I N G (T O BE RE M O V E D BY OT H E R S ) O s £ \ g \ \ &fc b |-i 1 \ z Q I \ 5 2 I-<kpffu \ AR C H I T E C T U R A L SHADE ST R U C T U R E #2 Q. 40 <$ \ ^ \ t±J -t > \ Si LU 1.684.4905 \ N. <Si Q V DC s WALKER MACY <Q III SWOtk Strail,SUITE 200 PORTLAND.OR.87208 503-228-3122z< \ u 4 UJ \ EX I S T I N G EL E C T R I C A L TO W E R (T O RE M A I N ) Z O s N \\ » SOUTHEND OVERLOOK ON STRUCTURE> 2 <Mm U UcCvn t>torn K OREGON^- 5 5d 4 X * LU > <CP o f>E A1 4 z Phase 1 Riverfront Park Boundary:3.30 AC.O I 5^ 17 ) < s 4 >* I UJ DC IS)z < , / Z z O a-o o 1 F U F CL o <O z u o 2 £3 Li.N <DC >>UJ <SDC10X.1 a: i u>o J \ LU I <S1 LU CO PT o a:Z DC 3 >o Sa l3 O UJ DC O L- CO 10X.2 2*°co Is!§—z CDa<DC 5 y o \ >u_ u ?/< II Z H o 5 05 z o 'A EX I S T I N G ST E A M PL A N T (T O RE M A I N ) - KEY PLAN si Q €2 //NORTH <o S. 2 SHEET NO. PR O J E C T NO T E S ; 1. PR O P O S E D IM P R O V E M E N T S WI L L NO T OC C U R BE L O W OR D I N A R Y HI G H WA T E R (O H W ) 2. AL L IM P R O V E M E N T S SH O W N AR E CO N C E P T U A L AN D PR O V I D E D FO R TH E PU R P O S E S OF ST A N D A R D S RE V I E W ON L Y . 3. AL L SI T E AN D UT I L I T Y DE S I G N DE T A I L S , DI M E N S I O N S , AN D LA Y O U T S AR E IN CO N F O R M A N C E WI T H TH E WR CO N S E R V A T I O N ST A N D A R D S . 4. AC T U A L DE T A I L S WI L L BE PR O V I D E D AT TH E TI M E OF BU I L D I N G PE R M I T SU B M I T T A L IN CO M P L I A N C E WI T H AL L AP P L I C A B L E CI T Y CO D E RE Q U I R E M E N T S . WR 4 SCALE I INCH -40 FEET 101.2 n 0 •to 40 80 CITY OF EUGENE PROJECT NO.965302 April 13, 2020, Meeting – Item 4 CC Ag e n d a - Pa g e 58 r i r m m * C O N C R E T E R E T A I N I N G W A L L . 4 ' M A X . H E I G H T X Z L L & L L E G E N D A C C E S S I B L E C O N C R E T E P A T H R O U T E , B % M A X . S L O P E . - - S T A I R S W I T H H A N D R A I L S , T Y P . — C O N C R E T E R E T A I N I N G W A L L . 4 ' M A X . H E I G H T I i L I M I T S O F W O R K V . f f / — 4 - 0 S o - existi n g E W E B E A S E M E N T - P R O P E R T Y L I N E / T A X L O T B O U N D A R Y t u - / T O P O F B A N K ( T O B ) ^ 7 7 J s , o O R D I N A R Y H I G H W A T E R U N E ( O H W ) J v I d i L O C A T I O N W H E R E P R O P O S E D P A T H A N D E X I S T I N G P A T H M E E T / w a r n / w i W R C O N S E R V A T I O N S E T B A C K B O U N D A R Y I I I M A T C H L I N E / ' i W i a=.-_SS r . =rcz-Eisy W R C O N S E R V A T I O N A R E A i _ J < i/ V i 1b W R C O N S E R V A T I O N S E T B A C K A R E A / IEXISTINGPUBLI C U T I L I T Y E A S E M E N T - i I , y V I S E W E B H E A D Q U A R T E R S - ( T O R E M A I N ) 5 / W R P R I O R D E V E L O P E D A R E A S A o i .:.P o i / | C Z i i 1 S V EXISTINGPUBLI C U T I L I T Y E A S E M E N T - i i / | O L x J I« g ( ! u > r ? i K A Y A K T I E U P P O S T ( S ) ij * 6 € & / g N O T E S : 1 . A L L P R O P O S E D L I G H T I N G W I L L M E E T T H E L I G H T I N G S T A N D A R D S P E R T H E S - D R A N D T H E W R S T A N D A R D S R E V I E W C O D E S A S A P P L I C A B L E T O S P E C I F I C A R E A S W I T H I N T H E P R O J E C T B O U N D A R Y . 2 . A L L S U B S T I T U T I O N R E Q U E S T S S P E C I F I C T O T H E M A K E / M O D E L O F P R O P O S E D F I X T U R E S S H A L L B E S U B M I T T E D T O T H E C I T Y F O R R E V I E W A N D A P P R O V A L S " 1 S ? I 0 y - I 5 1 1 I M i ' i z SD C Z d I Q bfE*-EW - r Z3 < -o V/W / h V / - k p f f y j a ! I W E B P L A Z A A N D F O U N T A I N ( T O R E M A I N ) Si) 5 CD a•so i « : . V E X I S T I N G E W E B P L A Z A , O V E R L O O K A N D F O U N T A I N T O R E M A I N I N P L A C E . SO""* s -e- $ I o\"JO f j ) l o a k S t r e e t S u i i e E u g e n e . O R 9 7 4 0 1 O : 5 4 1 . E F : 5 4 1 . 6 8 4 . 4 n n r t . k p f f . O t y i > X L l J v v -'I - S T I — J IJ> « / ) i//EXISTINGROADWAY W > < W A L K E R M A C Y % I I % < / \ 8 ; Q V / ' 1 1 1 S W O i k 8 l r . i l , 8 U I T H P O R T I A N O , O R . 8 7 2 0 4 8 0 1 - 2 2 8 - 1 1 2 2 z I / - " X P I * I • / < J r K 1 I £ -EXISTINGEWEBEASEM V > X \,,kr y f i -L y loj t i >-/ku: z '-f'or/ i ia o Z-ss N ss::u.Isso 4 E W E B H E A D Q U A R T E R S ( T O R E M A I N ) J I T+ > I.JI < < U u A u o ^ 6 . I/ y T n * Ik/ /\I/0N s X. I / L U E X I S T I N G R E T A I N I N G W A L L T O R E M A I N . 2 > EXISTINGPUBLIC.LHYEASEMENT—-i s \ V / y o ' v - mg«|a. T z '"i.iiI-f/ O \f/cI \ L O C A T I O N W H E R E P R O P O S E D M U L T I M O D A L P A T H A N D E X I S T I N G P A T H M E E T . I \ IIT t - k 4 - < - Y P > 1 y : S D C -i \ I S ) z < rt.' z -p<iI v l O z O . o —/X[)'u 2 so i P I u H 4 : \ n , M U L T I M O D A L P A T H , i c1 X o L U z I I 2 / T Y P . U \ 2 I - 3 2 = 2 D C o o . U . N < E C > - > L U < S 4 O d 1 0 X 1 I C Z Q . I I D 5r T ILl I \ , L U O J\ J < y b i ii!' L i n L U C O I\ 1 - i f ^ x V \ v : f \ - C O \ 4 y ] \ 7 /' Z o n 3> \ \ ^ f f i S c £ L L > E C O I /, P A V I L I O N o s $ ' l \ ) §/, % o I - COE \ \ 1 0 X . 2 0 / 5 T H S T R E E T O V E R L O O K O N S T R U C T U R E Z £' O I < I,& w z 1 L U $ \ y /7/ § 5 ^ S C D Pb- \ ( . - o E X I S T I N G P U B L I C U T I L I T Y E M E N T -£i T % M > . h I : m w L L oll o \ \ Y ' X - I SIll c A SiIn I Z O £ I h ^ - C O N C R E T E R E T A I N I N G W A L L . E X C E E D S 4 ' H E I G H T . c z 8 j '/f'V O / / ! l \ \ 1 & K E Y P L A N ' \ fi Q MATCHLINE10X.1Ti—i-tfh ft ' E M E l isH E X I S T I N G E W E B / i - Z MATCHLINE10X.2 X . |2 N O R T H S H E E T N O . S2PROJECTNOTES:1.PROPOSEDIMPROVEMENTSWILLNOTOCCURBELOWORDINARYHIGHWATER(OHW)2.ALLIMPROVEMENTSSHOWNARECONCEPTUALANDPROVIDEDFORTHEPURPOSESOFSTANDARDSREVIEWONLY.3.ALLSITEANDUTILITYDESIGNDETAILS,DIMENSIONS,ANDLAYOUTSAREINCONFORMANCEWITHTHEWRCONSERVATIONSTANDA R D S . 4.ACTUALDETAILSWILLBEPROVIDEDATTHETIMEOFBUILDINGPERMITSUBMITTALINCOMPLIANCEWITHALLAPPLICABLECITYCO D E R E Q U I R E M E N T S . W R S C A L E "I 1 I N C H - 4 0 F E E T 1 0 2 . 1 ii 4 0 0 4 0 8 0 C I T Y O F E U G E N E P R O J E C T N O . 9 6 5 3 0 2 A p r i l 1 3 , 2 0 2 0 , M e e t i n g – I t e m 4 C C A g e n d a - P a g e 5 9 bX U b b U S 4' H b l G H I . LL ^ a LI <Y / . I ' I \ MA T C H L I N E 10 X . 1 EX I S T I N G EW E B / I X IE I •# MA T C H L I N E 10 X . 2 ,- x i XX X LEGEND CO N C R E T E SE A T W A L L , TY P . 9 I ,— EX I S T I N G BO W I TR U S S BU I L D I N G (T O BE RE M O V E D BY OT H E R S ) '/ \ I "\ EX I S T I N G MI L L RA C E OU T F A L L TO RE M A I N IN PL A C E . \I I ; LIMITS OF WORK t >1 i h \\ / / . ii > u. PROPERTY LINE/TAX LOT BOUNDARY \ 0 I f i; a « § -M U L T I MO D A L PA T H , I : TY P . \ TOP OF BANK (TOB) / 0 * > / v I 0 CO N C R E T E SE A T W A L L , TY P . y. ORDINARY HIGH WATER UNE (OHW) / Yk > * 0 PH A S E 2 RI V E R F R O N T Pi DA R Y WR CONSERVATION SETBACK BOUNDARY I /Wl /V/l t~ ' ' L 3 MATCHLINE 4 -D / - \ 9 SC h / Ui WO O D DE C K ON ST R U C T U R E h a § -S - WR CONSERVATION AREA 'v 4c > -* / -. o /. WO O D DE C K ON ST R U C T U R E / AR C H I T E C T U R A L SH A D E ' ST R U C T U R E # ! / -x * f .V / V. \ . 'X ^ / s WR CONSERVATION SETBACK AREA EX I S T I N G MA I N T E N A N C E — £- BU I L D I N G (T O BE RE M O V E D By OT f t E R S ) / \ N? sX 7 XT \ \ r S\ v / 1 \ WR PRIOR DEVELOPED AREAS A I o \ s V Si s / EX I S T I N G MA I N T E N A N C n - BU I L D I N G (T O BE RE M O V E D BY OT H E R S ) 7* S A s V \ "7 •; i NOTES:1.ALL PROPOSED LIGHTING WILL MEET THE LIGHTING STANDARDS PER THE S-DR AND THE WR STANDARDS REVIEW CODES AS APPLICABLE TO SPECIFIC AREAS WITHIN THE PROJECT BOUNDARY.2.ALL SUBSTITUTION REQUESTS SPECIFIC TO THE MAKE /MODEL OF PROPOSED FIXTURES SHALL BE SUBMITTED TO THE CITY FOR REVIEW AND APPROVAL \ I-1 a 1 S %O u ( W' \ z 4 *o 0' > PE D E S T R I A N PA T H ON GR A D E 9 \ 1 w. y 2 5 \ 5 2 7 § X ,4 < CO N C R E T E SE A T W A L L , TY P . -> • $ kpff A, u i % > AR C H I T E C T U R A L SH A D E ST R U C T U R E #2 4; $ Q- s\ V < i -> • \ v $ IN C R E T E SE A T W A L L , TY P . A , \\ N HIP m / , > \ I UJ 1 wAiT.tcfficom \ IC R E T E SE A T W A L L , TY P . I/) 11 Q V at V ;• WALKER IVIACY / X, V <a IL T I MO D A L PA T H , H HI SWO.k Sir..I.SUITE 1 00 PORTLAND.OR.»T20<50S-22S-JI22z TY P . < \ v- 4 S V s 4 ti > x EX I S T I N G EL E C T R I C A L TO W E R (T O RE M A I N ) Z -- \ O N N OREGON^ SO U T H EN D OV E R L O O K ON STRUCTURE>< '9 X .; EX I S T I N G EW E B EA S E M E N T - EX I S T I N G EW E B EA S E M E N T - - EX I S T I N G EW E B EA S E M E N T S3 RETAINING WALL. lX EX C E E D S 4'HEIGHT.> / y o v A' V x s. s Z O X \ F < 1 >*S3 cc •EXISTING STEAM PLANT INTAKE/OVERLOOK.PROPOSED DESIGN BY OTHERS.z <Z \ o z ps Q-o o X X P u H •E X I S T I N G EW E B EA S E M E N T a/ H o !O U z *w , Z)I o r 10X.1 cc 3 I o I I—I L.N cc >->UJ<| /; .i \ - a CO I LOCATION WHERE PROPOSED MULTI MODAL PATH AND EXISTING PATH MEET.z X s£ * T O 't . vf S3 I X O :\1 OX.2 H // x «. if ' \ •o < x> DC z I v $ -M r / x o a v St f o 5 so — A \LL 1 • •X \-> •b . I-,;A I z o H- §fc X. ,1 1 7: .4 X Z I V o EX I S T I N G ST E A M PL A N T (t o RE M A I N ) KEY PLAN Q 0 ,4 x SX NORTH o X,/. A X N .. •• : SHEET NO. I PR O J E C T NO T E S : 1. PR O P O S E D IM P R O V E M E N T S WI L L NO T OC C U R BE L O W OR D I N A R Y HI G H WA T E R (O H W ) 2. AL L IM P R O V E M E N T S SH O W N AR E CO N C E P T U A L AN D PR O V I D E D FO R TH E PU R P O S E S OF ST A N D A R D S RE V I E W ON L Y . 3. AL L SI T E AN D UT I L I T Y DE S I G N DE T A I L S , DI M E N S I O N S , AN D LA Y O U T S AR E IN CO N F O R M A N C E WI T H TH E WR CO N S E R V A T I O N ST A N D A R D S . 4. AC T U A L DE T A I L S WI L L BE PR O V I D E D AT TH E TI M E OF BU I L D I N G PE R M I T SU B M I T T A L IN CO M P L I A N C E WI T H AL L AP P L I C A B L E CI T Y CO D E RE Q U I R E M E N T S . WR SCALE il " I INCH -40 FEET 102.2 II 40 0 40 80 CITY OF EUGENE PROJECT NO.965302 April 13, 2020, Meeting – Item 4 CC Ag e n d a - Pa g e 60 PAVILLION 3 5 ! a i t j 5 T 3 ?! o l EXISTINGGRADEPI - i l _ j —'l 4 3 5 I 4 3 5 I I M m i 4301-426|- 4 3 0 4 3 0 1 4 3 0 I I I I 4 2 5 4 2 5 4 2 5 : ! ~ k : ' i l ' r J'1 ; m i i • L 4 2 0 420ykrrdtf m 4 2 0 , 4 2 0 U - I W li=~Smi • L ^ ' i h k -'-i;-mMiSenafa'affi u - iil:II- 4 1 5 415i 4 1 5 4 1 5 I - - „ - - - 4 0 5 , • - - C - _ . i i n L ' . v . l IffHj & .v* $ f j j j g B P 1 1 P l — i 4 1 0 ' ! 4101 : ' t ' I ~ 3 i n = 4 1 0 U : E s f f l i L 1 I " . i m405! 4 0 5 - 4 0 5 St I I a . 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C I T Y O F E U G E N E P R O J E C T N O . 9 6 5 3 0 2 A p r i l 1 3 , 2 0 2 0 , M e e t i n g – I t e m 4 C C A g e n d a - P a g e 6 1 Ordinance - Page 1 of 2 ORDINANCE NO. ________ AN ORDINANCE CLARIFYING RELATIONSHIP BETWEEN APPROVED RIVERFRONT PARK PERMIT AND S-DR DOWNTOWN RIVERFRONT CODE AND AMENDING SECTION 9.3155 OF THE EUGENE CODE, 1971. The City Council of the City of Eugene finds that: A.On July 22, 2019, the Eugene City Council approved Ordinance No. 20619. Section 3 of that Ordinance approved amendments to EC 9.3155(15), which regulates development within view corridor areas of the Downtown Riverfront Special Area Zone. Section 8 of that Ordinance approved /WR Water Resources Overlay Zone Standards Review application No. SDR 19-2 for park areas within the Downtown Riverfront Special Area Zone. B.The City Council’s approval of SDR 19-2 as part of the same action that approved the Downtown Riverfront Special Area Zone code amendments demonstrates the City’s intent that the art pavilion described and depicted in the SDR 19-2 narrative and site plans is permitted in the view corridor area extending from 5th Street as shown in the approved plans without further need to demonstrate consistency with EC 9.3155(15). C.The view corridor areas of the Downtown Riverfront Special Area Zone that are within the /WR Water Resources Conservation Area are owned by the City of Eugene for park purposes. Approval of a park building or structure within those areas through the City’s standards review process as permitted by EC 9.4930(3) (“Uses Subject to Standards Review within /WR Conservation Areas”) ensures that the building or structure is consistent with the City’s protection measures for the Willamette River and should also be a sufficient basis for allowing the building within a Downtown Riverfront view corridor. NOW, THEREFORE, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Subsection (15) of Section 9.3155 of the Eugene Code, 1971, is amended to provide as follows: 9.3155 S-DR Downtown Riverfront Special Area Zone General Development Standards (applicable to all property). * * * (15) View Corridor Requirements. View corridors shall be provided in those areas identified on Figure 9.3155(3), in addition to compliance ATTACHMENT D April 13, 2020, Meeting – Item 4CC Agenda - Page 62 Ordinance - Page 2 of 2 with other applicable standards of the S-DR Zone. View corridors shall be a minimum 40 feet in width, shall be in alignment with public rights- of-way, and shall be unobstructed by buildings or structures except as approved through a /WR Water Resources Overlay Zone standards review permit pursuant to EC 9.8460 – 9.8472 or as permitted at EC 9.3155(6). Section 2. The City Recorder, at the request of, or with the consent of the City Attorney, is authorized to administratively correct any reference errors contained herein, or in other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein. Passed by the City Council this Approved by the Mayor this ___ day of _______________, 2020 ____ day of _______________, 2020 ____________________________ _____________________________ City Recorder Mayor April 13, 2020, Meeting – Item 4CC Agenda - Page 63 April 13, 2020, Meeting – Item 5 EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Public Hearing: An Ordinance Extending the Term of Ordinance No. 19775 and Ordinance No. 20397 Granting to Comcast of Oregon II, Inc. a Franchise for Operation of a Cable Telecommunications System. Meeting Date: April 13, 2020 Agenda Item Number: 5 Department: Central Services Staff Contact: Pam Berrian www.eugene-or.gov Contact Telephone Numbers: 541-682-5590 ISSUE STATEMENT The purpose of this public hearing is to provide an opportunity for public comment regarding the proposed ordinance extending Comcast’s cable television franchise agreement until December 31, 2021. Without the extension, the franchise agreement will expire on June 30, 2020. This ordinance would only extend the term of the franchise; all other franchise terms and conditions would remain the same. BACKGROUND The Franchise City of Eugene, the City of Springfield, and Lane County together granted Comcast of Oregon II, Inc. (“Comcast”) a franchise for the operation of a cable communications system (Eugene Ordinance No. 19775). In 2007, the three entities amended and renewed Comcast’s franchise (Eugene Ordinance No. 20397) through August 1, 2018. The Extension to June 2020 The term of the franchise has since been extended, most recently by Ordinance No. 20606 enacted on November 13, 2018, which extended the franchise through June 30, 2020. That extension was necessary due to the fact that while Eugene, Springfield and Lane County staff had been negotiating in good faith with Comcast about the renewal terms and provided progress updates to the Cable Commission, delays occurred while staff tried to resolve a dispute with Comcast arising from a franchise fee review the jurisdictions conducted. That resulted in staff simultaneously dealing with fee review issues for the current franchise as well as trying to negotiate policy and operational terms for the franchise renewal. Delays also occurred due to the loss of Comcast personnel who had been working on the franchise renewal. At that time, staff were optimistic that a renewed agreement would be reached by June 2020. Attachment A is a table of negotiation issues, many of which had been tentatively agreed upon. However, two major hurdles remained unresolved: CC Agenda - Page 64 April 13, 2020, Meeting – Item 5 1.Comcast proposed “competitive equity” language that would apply to providersother than cable operators and would require the jurisdictions to either imposecertain cable franchise obligations on those other providers or excuse Comcast fromits franchise obligations. Jurisdictional staff have been advised by their legal counselthat the jurisdictions do not have authority under applicable federal, state and locallaws to impose such franchise obligations on those other providers. Jurisdictionalstaff informed Comcast of this and also reviewed, discussed and offered edits thatwould have resulted in a legally-defensible provision. Comcast rejected the edits.2.On September 25, 2018, the Federal Communications Commission approved anotice of proposed rule-making regarding cable franchising that would havesignificant implications for the cable franchise because it would allow cableoperators to reduce franchise fees paid to local jurisdictions by deducting the valueof providing in-kind cable benefits, such as TV programming to schools andgovernment-owned buildings even where Comcast had agreed to do so as acommunity benefit provision in the franchise agreement.Staff recommended, and Comcast agreed, the extension to allow time for the parties to work on remaining issues as well as to see if the FCC would take final action on its notice of proposed rule-making and to obtain additional information about the impacts on the franchise, franchise fee revenues, and renewal negotiations. The Proposed Extension to December 31, 2021 In fall 2019, the FCC issued a final order and adopted rules that significantly changed the landscape for cable regulation (FCC Cable Order). The order not only allows cable operators to offset from their 5 percent franchise fees the value of “cable related, in-kind contributions,” like free service or cable boxes in government buildings, it prohibits local franchising agencies from charging cable operators additional fees—aside from the cable franchise fees—for use of the public rights-of-way to provide other services like broadband internet. The FCC Cable Order is being appealed in litigation filed by numerous municipalities across the U.S., including the City of Eugene. Briefing in the case is scheduled to conclude in mid-October2020; oral argument will likely not occur until early 2021 and a decision from the court will followafter that. To date, Comcast has not implemented any franchise fee reduction nor provided noticeof when it may choose to do so. Therefore, municipalities cannot estimate the impact upon thefranchise, nor be clear about elements to include in a renewed franchise.Note: While not yet ordered, the FCC is expected to propose a rule granting an additional franchise fee offset/reduction for a Comcast-established valuation of any Public Access, Education, and Government community TV channels provided under a franchise. In our area, there are four Community TV channels provided under the long-standing franchise: Public Access (Channel 29); Education (Channel 23), Government (Channel 21), and the internal Eugene-Springfield Fire Training channel. CC Agenda - Page 65 April 13, 2020, Meeting – Item 5 At this stage, staff do not know the full extent or financial impact from these potential changes, as it is unclear how those services will be defined or valued. The potential adverse financial impact may have material adverse implications for the General Fund, and a renewed franchise before the FCC takes final action will not likely protect the jurisdictions from a future adverse FCC ruling. Therefore, the jurisdictions believe additional information about the impact of any potential franchise fee reimbursement or offset is critical before agreeing to a new 10-year franchise term. At the February 6, 2020, Cable Commission meeting, staff recommended a two-year extension of the current franchise, to allow for additional time to obtain that additional information. Comcast has since indicated that it would agree to an 18-month extension, which is why the proposed ordinance would extend the franchise term for 18-months until December 31, 2021. This proposed extension ordinance would only extend the term of the current franchise. All other franchise terms and conditions would remain the same, including Comcast’s obligation to pay franchise fees for use of the rights of way, which is capped under federal law at five percent of gross revenues earned from providing cable TV services within Eugene City limits. The fees collected from the cable franchise are allocated to the General Fund and are used for general purposes. There are no anticipated costs as a result of the extension. When clarity is achieved and negotiations completed, the proposed renewal franchise agreement will be brought to the City Council for action as an ordinance, with a likely term of 10 years. RELATED CITY POLICIES City Telecommunication Vision and Policy: The City of Eugene's telecommunications vision is completion and operation of a coordinated regional information infrastructure that provides accessible and affordable high-speed connectivity for citizens, public institutions and businesses and is constructed in a manner that best serves the public interest. Telecommunications Ordinance, Eugene Code 3.005, 3.400 to 3.430 Ordinance No. 20397, An Ordinance Granting Comcast of Oregon II, Inc., An Additional Term and Franchise Renewal For The Operation Of A Cable Communications System; Amending Ordinance 19775; Adopting A Severability Clause; And Providing an Effective Date. COUNCIL OPTIONS This item is scheduled for public hearing only. Council action on the proposed ordinance to extend the franchise term is scheduled for April 27, 2020. CITY MANAGER’S RECOMMENDATION No recommendation is provided at this time. A recommendation will be provided for the scheduled action on April 27, 2020. CC Agenda - Page 66 April 13, 2020, Meeting – Item 5 ATTACHMENTS A. Table of Negotiation IssuesB.Proposed Extension Ordinance FOR MORE INFORMATION Staff Contact: Pam Berrian, Information Services Division Telephone: 541-682-5590 Staff E-Mail: PBerrian@eugene-or.gov CC Agenda - Page 67 Summary Table of Issues—September 25, 2018 April 13, 2020, Meeting – Item 5 ATTACHMENT A Comcast Franchise Renewal Discussion List Section Issue Comcast Proposal LFA (Local Franchising Authority) Response Current Status Section 3 Definition of gross revenues MACC (Metro Area Cable Commission) definition, adding language that revenues generated from late fees are to be prorated based on %age of each service provided Stay with MACC definition originally proposed by Comcast Add Comcast language stating late fees are prorated based on aggregate pro rata calculation Section 5.1 Channel capacity Change capacity from 35 to 120 channels OK OK Section 5.3 Service to Institutions Allow Comcast to elect to offset complimentary service against franchise fees No basis upon which to agree Comcast agreed to provide gratis services to all existing locations, plus 3 additional building per jurisdiction; value of the additional buildings could be offset against fees Section 5.5(1) Number of channels in HD Will provide one channel in HD; when one other channel is averaging 25 hours per week of programming, must be provided in HD OK Based on concession of Section 3, above, LFA is requesting 2 other channels be allowed to “prove up” Section 5.5(2) Number of digital converters for public safety channel Drop from 75 to 50 Keep 75; agree to not increase despite anticipated growth in internal viewing locations. 60 Section 7(3) removed Expansion of Service Delete requirement for expansion plan OK, but keep requirement for boundary maps. OK Section 7.4 Extension of System Delete Keep language requiring an estimate where 5 would be subscribers request service. OK Section 9.8(1) Forced relocates Requests for reimbursement of temporary removal of equipment Unnecessary; relocation language already set in law Comcast withdrew proposal; OK Section 10.4 Cap on cost of fee review Where Comcast underpays by 5% or more (threshold trigger), Comcast pay only up to $15,000 of fee review No $ cap, limited to 2 reviews per franchise term No threshold trigger for reviews conducted as part of performance review; Comcast CC Agenda - Page 68 Summary Table of Issues—September 25, 2018 April 13, 2020, Meeting – Item 5 to pay up to $45,000 for one review; results of reviews can be extrapolated forward Section Issue Comcast Proposal LFA Response Current Status Section 10(5) deleted Public, Education, Government (PEG) channel fees Delete; duplicative language OK OK Section 10(5) deleted Comcast to pay LFA’s financial and legal fees Delete OK OK; this break down will be spelled out in other sections Section 10(8) Pass through rates; LFA proposed new language addressing pass through rates Delete Keep calculation, Retain only language that requires Comcast to notify MPC of rate changes; OK Section 12 Customer Service Delete Section 12, replace with Customer Service Addendum, which includes ability to close Eugene office Retain Section 12, adopt revisions of Addendum specifying it is intended to complement but does not pre- empt Section 12. Eugene office to remain open during term of franchise. Remove Addendum; retain Section 12; insert store language keeping Eugene store with opener to discuss store closure; OK Section 13.1(7) Certification of annual report Allow certification to be done by Comcast, not independent CPA No, retain the independent review OK to have Comcast do own in house certification Section 16.2(2) Definition of fee review and audit Comcast disagreed to proposed language stating a fee review is not an audit LFA proposes to provide only for an “audit,” (no distinction between fee review and audit) which will be allowed twice during term, with 3 year look back that will apply for all years preceding audit. No distinction in audit v. fee review; limited to 2 per term; Section 16(2)(c)(iv) removed Summary of FCC regs Remove requirement to summarize new FCC regs in annual report. OK OK Section 16.2(5) Comcast presentation to MPC Allows Comcast to address MPC OK to clarify Comcast’s ability to comment before MPC OK CC Agenda - Page 69 Summary Table of Issues—September 25, 2018 April 13, 2020, Meeting – Item 5 Miscellaneous Comcast Proposal LFA Response Current Status $30,000 for HD upgrades Side Letter which is linked legally to adoption of renewal franchise Ord. OK Will not count toward 5% franchise fees OK $50,000 to Springfield Library for closure of Springfield Customer Service site during the term. Side Letter OK, provided $25,000 of the $50,000 for ARC project Springfield elected discussed this proposal and directed staff to request $75,000 as compensation for removing the Springfield store as a requirement in the franchise; will not count toward 5% franchise fees Comcast agreed to $75,000 requested by Springfield Competitive Equity Addresses equal treatment of service providers Addendum requires equity for services not covered by the Cable Act and not appropriately covered by this franchise agreement LFA does not accept the rationale for any such provision under current law. However, it potentially will accept that sort of addendum as revised in draft revisions by Eugene special Counsel No Agreement at this time Fee Review Comcast pay fee review-- $36,000 LCOG--$23,000 ½ of difference CC Agenda - Page 70 ATTACHMENT B Ordinance - Page 1 of 2 April 13, 2020, Meeting – Item 5 ORDINANCE NO. _______ AN ORDINANCE EXTENDING THE TERM OF ORDINANCE NO. 19775 AND ORDINANCE NO. 20397 GRANTING TO COMCAST OF OREGON II, INC. A FRANCHISE FOR OPERATION OF A CABLE TELECOMMUNICATIONS SYSTEM. The City Council of the City of Eugene finds that: A. The federal Cable Act requires a franchise for the operation of cable telecommunications systems and provides for a formal or informal renewal process under the Cable Act. B. The Cities of Eugene and Springfield, together with Lane County, granted a franchise to Comcast of Oregon II, Inc. (“Comcast”) for the operation of a cable communication system, and have designated the Metropolitan Policy Commission (MPC), acting as the cable commission, as the representative of the local franchising authorities in administration of the franchise. C. The City of Eugene enacted Ordinance No. 19775 on May 13, 1991, granting the franchise. D. The City of Eugene enacted Ordinance No. 20397 on October 22, 2007, amending and renewing the franchise through August 1, 2018. E. The term of the franchise has since been extended, most recently by Ordinance No. 20606 enacted on November 13, 2018, which extended the franchise through June 30, 2020. F. The Cities of Eugene and Springfield, Lane County, and Comcast continue good faith negotiations under the Cable Act’s informal process to renew Comcast’s cable franchise, however, the parties anticipate those negotiations will not be completed in a timeframe that would allow the City of Eugene to adopt a franchise renewal by June 30, 2020. G. The Cities of Springfield and Eugene, and Lane County have determined that it serves the public welfare to extend the term of the current franchise from June 30, 2020 up to and through December 31, 2021. NOW, THEREFORE, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The franchise granted to Comcast in Ordinance No. 19775 and Ordinance No. 20397 shall be extended up to and through December 31, 2021. CC Agenda - Page 71 ATTACHMENT B Ordinance - Page 2 of 2 April 13, 2020, Meeting – Item 5 Section 2. The City of Eugene and Comcast agree that execution of this extension does not waive any rights that either party may have under the Cable Communications Policy Act of 1984, as amended, 47 U.S.C. §§ 521 et seq., or other provision of federal, state, or local law. Section 3. Other than the duration of the franchise set forth herein, Ordinance No. 19775 and Ordinance No. 20397 shall continue in full force and effect. Passed by the City Council this Approved by the Mayor this _____ day of ________________, 2020 _____ of __________________, 2020 _________________ ______________ City Recorder Mayor CC Agenda - Page 72