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HomeMy WebLinkAboutItem 3A - Minutes ApprovalEUGENE CITY COUNCIL AGENDA ITEM SUMMARY Approval of City Council Minutes Meeting Date: May 10, 2004 Agenda Item Number: 3A Department: City Manager's Office Staff Contact: Lynda Rose www. cl. eugene, or. us Contact Telephone Number: 682-5017 AGENDA ITEM SUMMARY This is a routine item to approve City Council meeting minutes. SUGGESTED MOTION Move to approve the minutes of the February 20, 2004, Goals Session, February 21, 2004, Goals Session, March 8, 2004, City Council Meeting and April 12, 2004, City Council Meeting. ATTACHMENTS A. February 20, 2004, Goals Session B. February 21, 2004, Goals Session C. March 8, 2004, City Council Meeting D. April 12, 2004, City Council Meeting FOR MORE INFORMATION Staff Contact: Lynda Rose Telephone: 682-5017 Staff E-Mail: lynda.l.rose~ci.eugene.or.us L:\CMO\2004 Council Agendas\M040510\S0405103A. doc MINUTES Eugene City Council Goals Session Hilton Hotel--Eugene, Oregon February 20, 2004 9 a.m. COUNCILORS PRESENT: Bonny Bettman, President; George Poling, Vice President; Nancy Nathanson, Scott Meisner, David Kelly, Betty Taylor, Gary Pap6, Bonny Bettman, Jennifer Solomon. Mayor James D. Torrey called the meeting of the Eugene City Council to order. A. WORK SESSION: 2004-2005 Council Goals/Strategic Planning Session A summary of this meeting was prepared by Julia Novak of Management Partners and is available through the City Manager's Office. The meeting adjourned at 4 p.m. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Kimberly Young) MINUTES--Eugene City Council February 20, 2004 Page 1 Goals Setting Session MINUTES Eugene City Council Goals Session Hilton Hotel--Eugene, Oregon February 21, 2004 Noon. COUNCILORS PRESENT: Bonny Bettman, President; George Poling, Vice President; Nancy Nathanson, Scott Meisner, David Kelly, Betty Taylor, Gary Pap6, Bonny Bettman, Jennifer Solomon. Mayor James D. Torrey called the meeting of the Eugene City Council to order. A. WORK SESSION: 2004-2005 Council Goals/Strategic Planning Session A summary of this meeting was prepared by Julia Novak of Management Partners and is available through the City Manager's Office. The meeting adjourned at 2:30 p.m. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Kimberly Young) MINUTES--Eugene City Council February 21, 2004 Page 1 Work Session MINUTES Eugene City Council Regular Meeting Council Chamber--City Hall March 8, 2004 7:30 p.m. COUNCILORS PRESENT: Gary Papd, Nancy Nathanson, David Kelly, Betty Taylor, Bonny Bettman, George Poling, Jennifer Solomon, Scott Meisner His Honor Mayor James D. Torrey called the meeting of the Eugene City Council to order. 1. PUBLIC FORUM Mayor Torrey explained the rules for the Public Forum. Denny Guehler, 2090 Dewey Street, spoke on behalf of the WOW Hall. He said a committee had been formed of community members with board experience to provide a ;;public face" for the hall for the City Council and the future developer of the housing complex, slated to be built next to the WOW Hall. Mr. Guehler stated that the WOW Hall was a small, non-profit business that paid its staff, bills, and had some money in the bank. He applauded the purchase of the property next door to the WOW Hall for development of mixed use low-income housing. Mr. Guehler related that the committee met with staff and community leaders and conveyed the WOW Hall's interest in the parcel of land directly behind the WOW Hall. He said the hall needed clear, unimpeded access to the back of the building and parking for volunteers and performers and would someday like to add on to the building. He sought the ;;enthusiastic support" of the council for this sale. He also sought to bid on some footage on the east side of the building, particularly if the Ridenour Building was taken down. He said the hall also hoped to add on to that side and beautify the building. He added that, in the meantime, the WOW Hall hoped to use the neighboring building for storage as long as it still existed. In closing, he suggested that, should the developer take the building down, the ;;good old beams" inside it be recycled. Kathryn McDonald, 55 Prall Lane, said she began as a volunteer at the WOW Hall in 1994 and was now the current house manager and volunteer coordinator for the WOW Hall. She stated that the hall had 12 people on its staff and 400 volunteers, many of whom were low-income people. Fifty percent of the volunteer workforce was less than 21 years of age. She called the hall essential to youth in the community as it taught them good life skills, such as lighting, technical skills, social skills, crisis intervention, journalism (writing articles for the newsletter), among others. MINUTES--Eugene City Council March 8, 2004 Page Regular Session Ms. McDonald underscored the importance of the parking lot behind the WOW Hall to the function of the business. Rebecca Hill, 497 Autumn Avenue, introduced herself as the Student Body President of Lane Community College (LCC). She stated that the average age of LCC credit students was 28-years-old and the average age of LCC non-credit students was 45-years-old. She said she, like many LCC students, was a non- traditional student who had to manage student costs and single motherhood. She noted that, like most LCC students, she was also a renter. She commented that many of the students she spoke with at LCC lived in sub-standard housing and that many of them feared retribution should they speak out about it. She acknowledged that it was illegal for a landlord to evict someone for speaking out, but asserted it happened anyway. She alleged that the current system was inadequate to protect renters in Eugene as the only route a renter could take to better his or her situation was small claims court. She opined that many renters could not afford to pursue that track, nor could they pay for childcare and other expenses such action could incur. She averred that housing standards and a rental housing program in Eugene were a necessity. She said this would provide a local enforcement mechanism to protect the City's residents where the courts had proven they could not. She asked the council to work to create minimum habitability standards and implement a program to provide local enforcement of those standards. Nicole Karalekas, 408 Watson Hall, representing the Eugene Citizens for Housing Standards (ECFHS), called the issue of housing standards extraordinarily important to the city of Eugene. She noted that the council had indicated that one of its roadblocks was that more research and a better understanding of the issue were needed. She asserted there was "plenty of research" costing thousands of dollars that had been conducted over the last 20 years. She recommended that the City model a housing standards system after the system in Corvallis. She explained it was a complaint-based system which established a local enforcement mechanism, the main goal of which was to provide four minimum habitability standards: structural integrity, weather-proofing, heating, and plumbing. Ms. Karalekas outlined the Corvallis rental-housing program. She noted that the first year the program in Corvallis "broke even." She opined that the process could only benefit the City of Eugene. Joan Shea, 1520 Balboa Street, said she was executive director of a not-for-profit program called Oregon Crafted. She explained that her agency had sought what portion of the Oregon economy it could "grow" and had focused on the development of visual arts. She stated that the pilot program was being paid for by the State Economic Development Department and the Oregon Tourism Commission. She highlighted the program, which was a self-directed tour of the studios and galleries in this area. She expressed hope that the agency could partner with other groups in the immediate vicinity who also focused on cultural tourism. Ms. Shea reported that her agency worked with the University of Oregon (UO) to circulate surveys to artists. Twenty-one percent of the surveys were returned. She said the data indicated that the artists who returned the surveys generated $11 million in sales over the four-county area. She opined that the economic development committee should support local artisans. Kim Hoogendoorn, 500 Jefferson Street, #4, described the apartment she shared with her son. She said the house was "infected with cockroaches," had no working heaters in the bedrooms, had plumbing that overflowed into the living room, and had a hole in the ceiling. She stated that her son had developed asthma from the moldy conditions. She advocated for housing standards to be enforced. MINUTES--Eugene City Council March 8, 2004 Page 2 Regular Session Candice Freeman, 642 Lawrence Street, stated that she shared a "horrible" apartment with her children. She said she saw problems when she moved in, brought them to the landlord's attention and that the landlord had indicated he would fix them. Seven months later, nothing had been fixed. She said paint was peeling from the ceiling over her two-year-old's bed. She noted that the apartments had been built in the 1940s and her pediatrician warned her that the children were at risk for exposure to lead. She wished she and her family could move, but they did not have the means. She related that she asked the landlord repeatedly to fix the things he had promised to fix, but now every discussion ended in a confrontation. She added that the other tenants in the building were too afraid of eviction to come forward. David Hansen, 2738 Kismet Way, read a statement from Sara Esposita on the issues of poor living conditions within the city of Eugene. She had moved into an apartment that did not have a working heater. The landlord refused to fix it because of the expense. She and her family lived in the living room with a propane heater, but after a few months gave up and moved out. He related that she wished to convey the message to the council that there were many people in the community who lived this way. Mr. Hansen asserted that many citizens of Eugene had experienced these sorts of problems. He said there were ways to address the problems and hoped that the City of Eugene would work toward doing so. Pam Reber, 78302 Swanson Lane, Cottage Grove, urged the council to expedite the process for establish- ing housing standards in the City of Eugene. She felt the need was tremendous. She recommended that, as the City sought sustainability for the City and livability in the urban center, housing standards should be considered as livability criteria. She declared them to be an asset and that they would be a reason for people to move here, to attend the UO, and for parents to send their children to school here. Ms. Reber related that she had fallen from a second floor bedroom in a rental she resided in two years earlier and fractured a vertebra in her back. She said her landlord did not take responsibility, stating he had no insurance, which in fact he did. She stated that she intended to sue him for the cost of medical bills and lost wages, because she had not other recourse. Bruce Miller, Box 50968, complimented the student body president of LCC on her presentation. Mr. Miller commended Randy Papd for attending a Board of Higher Education meeting. Mr. Miller complained about a vehicle purchase that the students of the University of Oregon had voted to undertake. Mr. Miller reiterated his suggestion that Downtown Eugene, Inc. (DE1) move into the Hilton Hotel. He alleged DE1 held secret meetings. Mayor Torrey closed the Public Forum. Councilor Bettman thanked those who testified on behalf of housing standards. She reiterated that she had voted to expedite the issue and expressed hope that her colleagues "would come around." Councilor Bettman asserted that the Chamber of Commerce was on the side of the WOW Hall. She said it MINUTES--Eugene City Council March 8, 2004 Page 3 Regular Session was part of the intrinsic values in the downtown plan to help existing businesses grow and expand. She asked what the City Council could do to direct the Planning and Development Department (PDD) to work with the hall. City Manager Dennis Taylor responded that the City was already engaged in a discussion with the WOW Hall. In response to further questions from Councilor Bettman, Mr. Taylor said he would provide a memorandum that explained to what extent the discussion with the WOW Hall had moved toward forming an agreement. Councilor Bettman replied that the City should be consistent when providing economic development benefits and that this would be a ~very good project." Councilor Kelly thanked those who spoke at the Public Forum. He underscored that the WOW Hall was a community institution. He noted he was a member of the WOW Hall. He asked the City Manager to include information in the memorandum about how staff and the council could work through the issues with the WOW Hall so that the City ended up with the housing that was planned for and the WOW Hall's goals were met. Councilor Kelly thanked the tenants who spoke out about housing standards. He averred the stories that were shared at the current meeting indicated that the council needed to expedite the issue. He called it ~fundamentally appalling in a first-world country" that there were stories such as this and that renters had no recourse aside from small claims court. He encouraged staff to utilize research already conducted on the issue. Councilor Kelly conveyed appreciation to Ms. Shea for the work she was doing to promote the arts and wished her success. Councilor Nathanson spoke in support of those who testified on behalf of visual arts and performance arts. Councilor Nathanson commented, regarding housing standards, that there were many things on the ~to-do" list, all begging for council attention. She said housing standards did get scheduled and had even been prioritized ahead of some other items, while many items were not scheduled at all. She stated that housing codes were already governed by State law and enforcement was the issue that needed to be undertaken. She recommended that staff solicit information, advice, and suggestions from the Eugene Police Department (EPD), Public Works Department, Municipal Court, and the City Attorney because they could have anecdotal information and perspectives that could come to bear on a comprehensive plan for developing the best solutions. Councilor Pap~ thanked all who spoke and especially those who spoke out about housing standards. He commented that the first time the housing standards issue had come to his attention was in December 2003. He corrected Councilor Bettman's assertion that there had been a vote of one kind or another to delay the issue and noted that it was unusual for the council to be moving as quickly on an item as it was on this one. He said he looked forward to bringing the issue back before the council. He thought the State statute did not address mold issues in housing to date, and that the council may have to consider that issue. Councilor Taylor opined that discussion of the housing code had been postponed. She asserted that it had been brought before the council ~many times." She conveyed her admiration to the people for their persistence on this issue. She commented that she was struck by how all of the things spoken to in the MINUTES--Eugene City Council March 8, 2004 Page Regular Session Public Forum, such as the WOW Hall, the arts, and housing standards were related to the economy. She felt one thing that could be built on was the food industry, the Farmers' Market and others who ~do different kinds of food things." She said the City should start with ~what we have" and try to develop that first in order to better the economy. Councilor Meisner concurred with his colleagues with respect to the housing standards. He noted that in discussing standards and enforceability it was important to note that the council could only craft an ordinance that would cover the city of Eugene. He asserted that ~vast numbers" of LCC and UO students do not live within the City limits. Mayor Torrey thanked the people for coming and testifying. He called the behavior of the children of the LCC student body president exemplary. He said the children were learning a lot and should be proud of their mother. 2. CONSENT CALENDAR A. Approval of City Council Minutes - January 26, 2004, Work Session - February 9, 2004, City Council Meeting - February 11, 2004, Work Session B. Approval of Tentative Working Agenda C. Approval of Resolution 4787 of the City of Eugene, Oregon, Authorizing the Issuance and Sale of the City's General Obligation Parks and Open Spaces Bonds in a Principal Amount of Not More Than $6,305,000 D. Approval of Additional Community Development Block Grant Funds for Site Acquisition and Business Development Fund Councilor Bettman, seconded by Councilor Poling, moved to approve the items on the Consent Calendar. Councilor Bettman said she had previously submitted corrections to the minutes via email. She thanked staff for answering her questions on Item D. Mayor Torrey deemed Ms. Bettman's corrections, without objection, approved. Councilor Kelly stated that he had previously submitted corrections to the minutes via email. Mayor Torrey said the corrections had been reviewed and that, without objection, they were deemed approved. Councilor Pap6 conveyed the unanimous support of the Housing Policy Board for the property acquisition in Item D. Roll call vote; the motion passed unanimously, 8:0. MINUTES--Eugene City Council March 8, 2004 Page $ Regular Session 3. PUBLIC HEARING AND ACTION: Resolution 4788 Adopting a Supplemental Budget; Making Appropriations for the City of Eugene for the Fiscal Year Beginning July 1, 2003, and Ending June 30, 2004 City Manager Dennis Taylor introduced Kitty Murdoch, Budget Manager, and said she would present the highlights of Supplemental Budget #2. Ms. Murdoch stated that the supplemental budget sought to recognize a few primary changes, including revenues from grants and other sources, such as the stop-loss carrier portion of the health insurance benefits. She said $500,000 would be moved from the hospital siting reserve into the Central Services operating budget to begin work in earnest on the siting project. She reported that $1 million in donations received from the Ruel Gierhart estate would be moved to the Oregon Community Foundation to establish an endowment to benefit the library. She said the financing plan for the purpose of purchasing property adjacent to the maintenance yard at Roosevelt Boulevard and Garfield Street was being carried out, as approved by the council on February 9. Resources were being moved from the Road Capital Projects Fund and the Systems Development Capital Project Fund to the Special Assessment Capital Fund for the Lone Oak Widening Project. She called attention to the contingency request of $50,000 for the Mayor's Task Force on Economic Development, leaving a balance of $269,922 in the contingency account. Mayor Torrey opened the public hearing. Seeing no one who wished to speak, Mayor Torrey closed the public hearing. Councilor Nathanson asked for an explanation of the $99,000 in reimbursable overtime. Ms. Murdoch answered that it was largely for ambulance service stand-by. Councilor Nathanson asked for more information on the stop-loss limit. Ms. Murdoch responded that when there were extraordinary medical claims, in excess of $100,000, there was an insurance program that reimbursed the City for those extraordinary costs. She said that there had been some large claims over the past year and the City was being reimbursed $800,000 for them. Councilor Nathanson suggested that staff provide, at a future time, information on the City's insurance programs. Councilor Kelly noted that several councilors had disagreed on the Roosevelt property purchase. Mr. Taylor affirmed, in response to a question from Councilor Kelly, that the action to move the money from the hospital siting reserve was intended to make it available. Councilor Kelly said he would like to hear back periodically in order to account for the spending. He opposed spending significant amounts of money on consultants. He hoped staff would be given priority in bringing ideas to bear in consideration of the siting of the hospital. Mr. Taylor confirmed that staff in all departments had been working on it. He said the motion would try to preserve the funds for a larger incentive and not spend the money on ongoing studies that may be required to identify any perceived problems. He reiterated that the supplemental budget intended to position these funds and make them available. Councilor Kelly asserted that the County had declined to match the funding for the cattery. He thought the City should then withdraw its $15,000 in funding from the cattery as well. Ms. Murdoch responded that MINUTES--Eugene City Council March 8, 2004 Page Regular Session she was unaware of the County action and would follow up on this. Councilor Kelly commented that the council had not held an executive session to discuss significant legal issues in quite some time. Mr. Taylor agreed, and suggested that one be scheduled as soon as there was time available. Councilor Bettman said she would support the budget, but wished to reiterate for the record her opposition to the Public Works property purchase. Councilor Bettman opposed the expenditure of $69,306 of Road Capital Fund money on the Lone Oak Drive widening project as it was money that could be spent on preservation and maintenance of existing roadways. She asserted that the project had resulted from a petition by three property-owners and by virtue of the petition the project had moved to the top of the queue. She advocated for revisiting the rules that governed such petitions. She felt this should be looked at within the context of how the road funds could be prioritized better. In response to a question from Councilor Papd, Ms. Murdoch surmised that item (d) on page 148 of the packet was "Homeland Security" money funneled through the State. Regarding item (b) on page 150, Councilor Papd asked if the endowment was something the City did not feel able to handle. Ms. Murdoch said that it was hoped the foundation would be better equipped to make investments and handle the fund as an endowment. Councilor Papd expressed concern regarding item (e) on page 155. He asked why this was being done in the supplemental budget and why it was not being put in the next year's budget and run through the "normal" process. Ms. Murdoch replied that the $4,500 in question was a result from a contract that was no longer being used. She commented that Public Works probably could do without the money this year. Kurt Corey, Public Works director, said staff would provide a memorandum on why it was included in the supplemental budget, adding that the goal was to balance out the budget. Councilor Bettman, seconded by Councilor Poling, moved to adopt Resolution 4788 adopt- ing a Supplemental Budget; making appropriations for the City of Eugene for the Fiscal Year beginning July 1, 2003, and ending June 30, 2004. Councilor Meisner expressed support for the motion. He commented, regarding the Gierhart endowment, that the foundation was better able to invest the money mentioned in the budget. He pointed out, however, that there was an additional $320,000 that was not being put into the foundation, but rather was being put into library reserves. He acceded that staff's rationale for putting it in the reserve fund was valid, but opined that it was not consistent with the bequest. He felt that, instead of being used for library funds, it was being made available to cover a potential general fund shortfall. He said he would not oppose to transfer $1 million in this budget proceeding, but likely would seek to transfer a larger portion of the bequest to the foundation for investment for endowment purposes. Roll call vote; the motion to adopt Resolution 4788 passed unanimously, 8:0. MINUTES--Eugene City Council March 8, 2004 Page Regular Session Mayor Torrey adjourned the meeting of the City Council at 8:24 p.m. Mayor Torrey convened the meeting of the Eugene Urban Renewal Agency. 4. PUBLIC HEARING AND ACTION: Resolution 1029 Adopting a Supplemental Budget; Making Appropriations for the Urban Renewal Agency of Eugene for the Fiscal Year Be- ginning July 1, 2003, and Ending June 30, 2004 Ms. Murdoch said the request would appropriate $750,000 in Urban Renewal Agency funds, $350,000 of which to be used to continue the design of transportation improvements and $400,000 dedicated the construction of Ferry Street between 6th Avenue and 8th Avenue, both commitments the City had made to the Government Services Administration (GSA). Mayor Torrey opened the public hearing. Seeing no one who wished to speak to the issue, Mayor Torrey closed the public hearing. Councilor Meisner conveyed his support for the supplemental budget. He requested a written analysis of how charges, in particular for planning and development, were being paid for and whether they were charging back to the renewal costs that were being imposed. Councilor Kelly asked, regarding the $400,000 for Ferry Street improvements, when the burden had been shifted from the Federal government to the City for these improvements. Mike Sullivan, Community Development Division Manager, responded that the money would be contingent in the event that the money from the federal government was either delayed or insufficient to build those improvements. He added that the Ferry Street improvements were the one, single element of infrastructure required for the new courthouse to open its doors. Mr. Sullivan noted that the GSA had, in the fall, questioned whether it wanted to go forward. He related that, as a result, the council took an action on October 27 to reaffirm support for the courthouse and to include contingent funding for improvements related to transportation. Councilor Kelly disagreed. He alleged that contingent funding for street improvements was not approved at that time. He said the council had passed a motion indicating that language would be included in the next draft of the Urban Renewal Plan to allow for such a thing. Mr. Sullivan said this was true. He stated that the language would provide for future use of Urban Renewal Funds. In response to a question from Councilor Kelly, Mr. Sullivan thought the courthouse would be constructed in spring of 2005. Councilor Kelly asked why, then, there was "a rush" to pass the supplemental budget rather than waiting for the fiscal year budget process. Mr. Sullivan answered that this harkened back to the inclusion of criteria that the City would provide the funds as a "contingent backstop" to ensure the Ferry Street improvements were implemented as per a provision in the agreement with the GSA. He explained that the agreement between the GSA and the City could not be signed without budget authority to provide for those improvements. MINUTES--Eugene City Council March 8, 2004 Page 8 Regular Session In response to a question from Councilor Kelly, Mark Schoening, City Engineer, said additional funding projected to be from $250,000 to $300,000 could come from a federal earmark and then it would be part of the overall project cost. Staff had testified before the Lane County Road Advisory Committee requesting the County to amend its capital improvement program (CIP) to include the non-federal match for the improvements. Councilor Kelly noted that the agenda item summary (ALS) said that, should the United Front lobbying effort result in the federal earmark, $350,000 expended by the City would not be eligible to count as part of the 20 percent non-federal matching fund. He questioned why this could not be used as the match. Mr. Schoening explained that it would not be eligible until there was an actual federal appropriation and an amended inter-governmental agreement (IGA) with the Oregon Department of Transportation (ODOT). He further clarified that it would not be used for a matching fund if it was spent prior to receiving the federal earmark and amending the IGA, which was certain to happen. Councilor Kelly said that, from a philosophical standpoint, he could not support the supplemental budget. Councilor Pap~ advocated for coordination on what the City would go to the County for in terms of road projects. He asked for a memorandum on how the City would approach the County. Councilor Bettman commented that it appeared the City was already into the courthouse transportation project for $750,000 and had yet to break ground. She asserted the City would ultimately put $2.6 million of local money in the project thus far. She opined that using urban renewal tax increment was a "travesty" against the taxpayers of this City. She alleged that it was money skimmed off from the General Fund and money that could be used for essential City services was being spent on transportation projects, which she felt had other sources of money to mm to. She called it "unforgivable" and said she would not support the supplemental budget. Mayor Torrey expressed hope that the council would support the supplemental budget. He stressed that the GSA was depending on it. Councilor Nathanson remarked that she had been a strong supporter of this project, but she was not happy with the amount of available money that would be left in the urban renewal district to use for the kind of public improvement projects that the council would like to see, whether it was a public plaza or pedestrian amenities. She said that the improved access would generally help the City have the rest of the property be more sellable and developable and to that extent it would be worth it. However, she was uncomfortable with the "sticker shock." Roll call vote; the motion passed, 5:3; Councilors Bettman, Kelly, and Taylor voting in opposition. Mayor Torrey adjourned the Eugene Urban Renewal Agency and reconvened the meeting of the City Council. 5. ACTION: Approval, Of Findings, And Recommendation From The Hearings Official and Adoption of an Ordinance Levying Assessments for Paving, Curbs, Gutters, Sidewalk, MINUTES--Eugene City Council March 8, 2004 Page 9 Regular Session Median, Parking Bays, Street Lights, Street Trees, and Storm Water Drainage System on Lone Oak Drive From Division Avenue to 250 Feet East of Lone Oak Way (Contract #2004-08) (Job #4058) Councilor Bettman, seconded by Councilor Poling, moved to approve the Findings and Recommendations of the Hearings Official of March 1, 2004. Roll call vote; the motion passed unanimously, 8:0. Councilor Bettman, seconded by Councilor Poling, moved that the City council adopt Council Bill 4869, an ordinance levying assessments for Lone Oak Drive. Councilor Bettman registered her opposition to the motion for the reasons she had previously cited. She said there was $69,306 from the Road Fund, $5,486 in transportation systems development charges (SDCs), andS67,634 in stormwater SDCs. She felt it obvious that this was an increase in capacity and could warrant more transportation SDCs, allowing more money to be eligible for use in maintaining the existing street system. She reiterated that the process of petitioning for upgrades was developed in the 1970s and should be reviewed. Councilor Kelly expressed his support for the motion because it constituted the current mechanism. He thought a work session was in order and that Councilor Bettman made a good point. He agreed that the policy allowed just a few people to petition for such projects. Roll call vote; the motion passed, 6:2; Councilors Bettman and Taylor voting in opposi- tion. The council took a ten-minute break at 8:50 p.m. 6. ACTION: An Ordinance Amending the Eugene-Springfield Metropolitan Area General Plan Diagram and the Fairmount/University of Oregon Special Area Study Diagram and Text; Amending Sections 9.8865 and 9.9570 of the Eugene Code 1971; Adding new Sec- tions 9.4200, 9.4205, 9.4210, 9.4215, and 9.4220 to that Code; Adopting a Severability Clause; and Providing an Effective Date Councilor Kelly, seconded by Councilor Nathanson, moved that $35,000 be set aside from the General Fund Contingency and used in the current or subsequent fiscal years to fund the Agate Street and area-wide traffic studies called for in the proposed East Campus Plan and the study results shall be distributed to the council for consideration of the next steps. Councilor Kelly commented that the approval of the plan would be a tremendous benefit to the University of Oregon and the university provided a tremendous benefit to the community. Nonetheless, he felt it important to indicate to the neighbors that the council would be working and looking at their concerns through this process by setting aside the funding for the studies. He noted that the contingency fund had a balance of $269,000. Councilor Poling said he had planned on making a similar motion, based on the testimony submitted in MINUTES--Eugene City Council March 8, 2004 Page Regular Session person and in writing. Regarding improvements, he averred that the study was necessary to determine what was needed. To do otherwise, he said, would be putting the cart before the horse. He remarked that, given the council had expressed general support for funding the study, he had been surprised that Councilor Kelly's memorandum made a point of stating that he would not support the ordinance without support for his motion. Councilor Meisner conveyed his support for the motion. He asked if the traffic study would be premature and would need to be redone as development took place. Councilor Kelly responded that it was not his intent to put specific timing on the motion, but that a couple of the policies in the ordinance had called for it to occur ~not later than" a specified year. Councilor Meisner wondered if the money would remain allocated to this or if it would need to be reallocated. Mr. Taylor responded that, should it not be expended by the end of the year, it would either be rebudgeted or carried over. Councilor Meisner asked staff to let the council know in writing what action it needed to take to ensure funding. Councilor Pap~ supported the motion. He pointed out that there were other areas of town that needed funding for these sorts of studies and the resulting planning, and it was important to ensure that they also had access to funding. Roll call vote; the motion passed unanimously, 8:0. Councilor Bettman, seconded by Councilor Poling, moved that the City Council adopt Council Bill 4866, adopting amendments to the Eugene-Springfield Metropolitan Area General Plan, the Fairmount/University of Oregon Special Area Study, and the Eugene Code. Councilor Bettman, seconded by Councilor Kelly, moved to amend the ordinance by add- ing the following language as paragraph (f) to Policy 6 in subsections 3(b) and 3(0) of the ordinance, and as subparagraph 6 of section 9.9570(3)(f) in Section 7 of the ordinance, as follows: ~Conditional uses shall not exceed a total of 35,000 square feet within the Low- Density Residential area." Councilor Pap~ asked what area the language would cover. He did not feel ready to accept the motion without a thorough look at the affected area. Mr. Taylor suggested that Senior Planner Allen Lowe speak to the issue. He noted that the motion was in addition to and different from the recommendations that were brought to the council by the stakeholder group, which had met for 18 months to try to work out solutions. Mr. Lowe explained that the proposal for the restriction would apply to the area which was east and south of the area designated LHDRLI. He said it lay along Villard Street, north of 19th Avenue, and was intended to be a buffer zone or a ~graceful edge." He stated that primarily single-family homes existed there. He related that the neighborhood had asked for no conditional uses in that area all along. He noted MINUTES--Eugene City Council March 8, 2004 Page Regular Session that there were additional restrictions on conditional uses in the area above and beyond any other area of the City in the amended language. He stressed that staff recommended against the restriction and that the Planning Commission had unanimously opposed it as well. He averred it could be detrimental to development there. Councilor Nathanson remarked that the rationale had been covered in the previous meeting. She said she would support the Planning Commission's recommendation. Councilor Kelly stated that Villard Street was a wide street with a median and the properties were privately owned on the east side of the street and owned by the U of O on the west side. He stressed that the amendment only covered a little strip of land because the policy only applied to the land on the campus. He thought that, should lot lines be dissolved on the U of O property, there could be a great deal of conditional use. He did not feel it unreasonable to say to the neighbors that this edge of the campus would maintain an aesthetic symmetry with the neighborhood. In response to a question from Councilor Meisner, Mr. Lowe clarified that the amendment indicated 35,000 square feet of land mass. Councilor Bettman reiterated that the provisions in the plan only applied to the University land. She asked the councilors to consider whether they would be willing to invest in property that could be adversely affected by development. She added that City policies dictated that residential uses should be protected in the urban core. Councilor Solomon stated that the neighbors had worked in good faith as did the University to reach this agreement and the work that the whole group came up was advanced to the City Council. She averred the amendment was not an important piece of the final agreement. Furthermore, she commented that the University had an outstanding architecture school. She averred it should get some credit for building out in a thoughtful and creative way. Councilor Taylor voiced her support for the amendment. She called it a small safeguard against the possibility of changes in the University's development policies. In response to an assertion by Councilor Bettman, Mr. Lowe stated that the 35,000 square foot restriction was new and had not come from the negotiating group. Roll call vote; the amendment passed, 5:3; Councilors Pap6, Poling, and Solomon voting in opposition. Roll call vote; the main motion passed unanimously, 8:0. The meeting adjourned at 9:20 p.m. Respectfully submitted, MINUTES--Eugene City Council March 8, 2004 Page 12 Regular Session Dennis M. Taylor City Manager (Recorded by Ruth Atcherson) M: 12004 ICentral Services DepartmentlCity CouncillccO40308m2. doc MINUTES--Eugene City Council March 8, 2004 Page Regular Session MINUTES Eugene City Council Regular Meeting Council Chamber--City Hall April 12, 2004 7:30 p.m. COUNCILORS PRESENT: Gary Papd, David Kelly, Betty Taylor, Bonny Bettman, George Poling, Jennifer Solomon. COUNCILORS ABSENT: Scott Meisner, Nancy Nathanson. His Honor Mayor James D. Torrey called the meeting of the Eugene City Council to order. 1. PUBLIC FORUM Mayor Torrey explained the rules for the Public Forum. Noting that there were 31 people signed up to speak, he requested a motion from the Council President to extend the time allotted for it. Councilor Bettman, seconded by Councilor Poling, moved to extend the Public Forum to one hour, and to allow each person two minutes of testimony. Roll call vote; the motion passed unanimously, 6:0. Mayor Torrey explained that councilors Nathanson and Meisner were absent due to illness. Gary Nauta, 88139 Keola Lane, Springfield, president of the International Association of Firefighters local, said he provided his testimony and further information in writing. He spoke on the proposed privatization of fire protection services at the Eugene Airport. He asserted the only beneficiary of such privatization would be the airlines, and not the City or its citizens, as they pay for the fire service with landing fees. He related that staff felt high landing fees might reduce airline interest. He countered that airlines had recovered somewhat from the tragedy of September 11,2001, with increased routes through Eugene and the City's successful bid to attract Delta Airlines. He opined there was no danger of losing airline routes due to landing fees. He thought the issue should have come before the City Council a year earlier. He requested the work session on this issue be moved to April 21 or May 19, preferably the former, rather than in June as scheduled. Jon Pincus, 590 West 12th Avenue #5, spoke regarding the building located adjacent to the WOW Hall at 865 West 8th Avenue. He noted that WOW Hall staff and supporters had spoken to the City Council about this building at a previous meeting. He said the building was in good structural condition and would not require further fire and safety upgrades. He commented that this would dramatically reduce the cost of redevelopment. He asked the council to consider allowing the WOW Hall to utilize the building and possibly purchase some of the surrounding property in order to provide a buffer to the WOW Hall. MINUTES--Eugene City Council April 12, 2004 Page 1 Regular Meeting Bob Bussel, 3054 Grand Cayman Drive, director of the Labor, Education, and Research Center at the University of Oregon, urged the council to join the emerging nationwide debate on the social and moral implications of Wal-Mart's impact on workers and communities. He quoted an editorial in The New York Times that stated that Wal-Mart workers were among the working poor. He said one of the ways it appeared that Wal-Mart had low prices was that it paid wages so low that most employees could not afford to purchase health insurance from the company. He cited a statistic from Atlanta Constitution that indicated that 10,000 of the 160,000 children receiving state-subsidized health insurance were children with a parent who worked at Wal-Mart. He quoted another statistic from a Harvard Business School study which found that Wal-Mart spent $1,300 less annually on employee health care than other retailers and wholesalers. He stressed that when such employers fail to pay adequate wages and provide inadequate benefits they were a hidden cost to taxpayers and communities. He said low-wage workers were more likely to draw on food stamps, housing subsidies, and other social services. Mr. Bussel added that the entry of such an especially tight-fisted employer into the community compelled competitors to whittle at their own employee costs, which translated into lost jobs and smaller paychecks. He averred this unaccountable corporate power was having a serious effect on the dignity of labor, the quality of community and civic life, and the power of communities to decide what constituted the public good. He noted that Wal-Mart liked to wrap itself in ~American values" while failing to recognize that one American value was fair treatment of and equitable compensation for labor. Jill Schwab, 90 East 40th Avenue, expressed concern regarding the proposed expansion of the Wal-Mart located on West 11th Avenue into a %uper center." She believed the expansion could have far-reaching negative impacts on the community if it was not stopped. She said predatory pricing was a common practice of Wal-Mart. She noted that a Wal-Mart in Conway, Arkansas sold 30 percent of its pharmaceu- tical line below actual cost and drove local pharmacies out of business. She felt further expansion of the local Wal-Mart could potentially lead to the demise of small local groceries. Ms. Schwab stressed the importance of looking at what sorts of jobs the expansion would create. She stated that Wal-Mart was well-known for hiring part-time employees to avoid paying benefits. She added that Wal-Mart managers were instructed to let people leave if business was slow. She felt the expansion could cause grocery stores with union-represented workers to reduce contracts. She pointed out that Wal- Mart often closed one or more of its smaller stores in an area upon opening a %uper store" and 400 such stores currently stood empty nationwide. She urged the City Council to immediately pass a moratorium on commercial development over 15,000 square feet in order to allow time to consider the impacts of such %uper stores" and to avert ~this damage to the community." She submitted her testimony and recommen- dations in writing. Kathy Ging, 2878 Harris Street, submitted her testimony in writing. She stated that a group of investors planned to make a proposal to purchase the building by the WOW Hall. She suggested the community had consternation about the process, criteria, and timeline for the request for proposals (RFPs) that the City postulated regarding possible sale of the parcels next to and the lot located behind the WOW Hall. She related the original four community groups interested in the purchase were no longer involved, but the new investors had conceptual support from the Farmers Market, which might be interested in renting space if it was bought. Ms. Ging said Eugene had purchased the parcels ostensibly to landbank them for low-income housing while maintaining options. She related that one City staff person had recommended to the Housing Policy Board (HPB) that cooperation with an integrated community group and collaboration between private business MINUTES--Eugene City Council April 12, 2004 Page 2 Regular Meeting and government would be the sort of creative partnership needed to redevelop downtown. Ms. Ging opined that the process was being stacked to accommodate outside developers who could pay now and plan later as the timeline for the RFP had been planned to end in July. She recommended bumping the deadline back to October. She asserted that the City should issue an initial RFP for development proposals for sale and use for the building and lot in question. She felt that, should those proposals not be successful, the City could then issue an RFP for housing proposals. She thought housing was incompatible with the neighborhood. She predicted police activity would greatly increase as the decibel level sometimes generated by the WOW Hall would not be compatible with neighbors. Kathy Saranpa, 3015 Friendly Street, said quaint, circuitous roadways in a hilly forested area character- ized the Crest Drive neighborhood. She opined that nothing was gained by reclassifying the street as a %ollector." She felt this was a one-size-fits-all approach to a unique neighborhood. She opposed City engineers' recommendation to redesignate streets. She opined that the decision, made without citizen input, was akin to taxation without representation. She noted the plaque at the back of the wall stated that the people are the City. She asked the City Council to follow through on this ideal and support the neighbor- hood opposition to this street reclassification. Davy Ray, 276 North Grand, declined to speak as he was unable to trim his testimony to a two-minute version. Charles H. Spencer, 3390 Honeywood Street, spoke on behalf of the Eugene/Springfield Solidarity Network, the local affiliate of Jobs with Justice. He urged the council to pass a moratorium on develop- ment of large-scale retail facilities over 15,000 square feet. He suggested the community, the council, and the Eugene Planning Commission needed time to identify reasonable long-term solutions to the problems highlighted by Wal-Mart's plans to build a "super center" in Eugene. He submitted 70 cards signed by residents who agree that Wal-Mart should not be allowed to do so. He commented that, like many citizens of Eugene, he was worried about Wal-Mart's impact on the community. He stressed that Wal-Mart stores were anti-competitive and once local stores closed, Wal-Mart stores often raised prices. He underscored the need to develop viable standards, the need to reconsider zoning strategies, and to claim a role in determining what happens within the community. Don Neet, 3436 Storey Boulevard, related that he had attended a Goal 5 meeting in 2002 and had been told, at that time, that the Crest Drive was unique and needed to be kept safe. He noted there were approximately 3,500 acres within the urban growth boundary (UGB) that were designated at wildlife habitat. Most of this land was in undeveloped areas, but Storey Boulevard and Crest Drive were considered wildlife and riparian corridors. He felt the change in classification for the street ran counter to preservation of the riparian corridor. He stated that the neighborhood would not benefit from the designation of Crest Drive as a collector. Virginia Starling, 3302 Storey Boulevard, stated that the Planning Commission would be forwarding its recommendation to the council that Crest Drive, Storey Boulevard, and Friendly Street be designated as collector streets in her neighborhood. She urged the council, on behalf of herself and her neighbors, to oppose this designation. She opined that the hilly and curving streets would provide significant road construction problems that would be costly and also injurious to abutting properties. She also felt the effects of such a project on the riparian streams in the area would cause irreparable damage. She added that the council and Mayor had a reputation for being sensitive to citizen opinion. She wished to share the MINUTES--Eugene City Council April 12, 2004 Page 3 Regular Meeting neighborhood's desire to keep the area pristine in nature and unmarred by free-flowing traffic made up of cars passing through from one area of the city to another. She thought there were more efficient ways to ease traffic into the downtown area and emphasized that the neighborhood would not benefit from approval of the reclassification. Debra E. McGee, 29755 Lusk Road, spoke in favor of sustainable development that supported local businesses. She said local businesses enrich the civic fabric of the community as local merchants care about the communities they were a part of. She added that local ownership meant that profit circulated within the community as opposed to national chain stores. She opposed Wal-Mart's plans to build a ;;super center." She alleged that such stores sell food products below cost to undermine other smaller stores. She felt the stability of the local existing business districts was undermined resulting in an increase in empty store fronts. Noting that some people would say the community would benefit from an increase in job, she cited a 1993 study paid for by Wal-Mart that had concluded that a gain of 177 new jobs provided by such a store was offset by 148 lost jobs. She felt impacts on traffic, environment, community character, and local economy should be considered. She related that she had visited Arcata, California, to observe its process for creating a comprehensive plan for sustainable development. She advocated for a six-month moratorium on such development to allow citizens to provide more input in development standards. George Kjaer, 814 Lorane Highway, said he had lived at his house, a historically designated site, for 37 years. He related that he daily walked the streets that were proposed to be designated as collectors. He believed the change in designation would result in significant cost and would not increase safety, traffic efficiency, nor add to property value. He commented that people drove over the speed limit, in spite of curvy, narrow roads. He opined that improving the roads would only increase the hazards presented by motorists. He asked the City Council to direct the Planning Department (PDD) to design efficient arteries and arterials, leading to an efficient Beltline Highway. James Reed, 990 Crest Drive, related that he heard of the proposed change in street classification from a neighbor and not from the PDD. He noted he had received a small pink postcard informing him of a proposed traffic impact analysis (TIA) in his neighborhood and never heard anything else regarding it. He alleged that City staff had been unresponsive and, at times, ;;spiteful" of the public process. He asserted that no one had clearly stated the impact of the change and it was, as yet, unknown. He said he had asked what the financial impact to residents would be and staff had responded that they could not discuss this until they had financing for projects and could properly analyze the impact. He felt the reclassification was a ;;blank check" for the City. Will Sellers, 6071 Mondavi Lane, expressed his neutrality on a proposed Wal-Mart Store. He commented that family-owned businesses often do not pay more than $10 per hour and do not provide health benefits, due to the expense. He alleged that four companies had expressed willingness to move to Eugene but because of the ;;hoops" they had to jump through had decided not to relocate here. He asserted these companies average starting pay was $14.75 and hour and they had full health and retirement benefits. He remarked that one of the unnamed companies had a building in the San Jos6 area that was 500,000 square feet. He opined that restrictions on development told businesses that the community did not want such employment. He questioned the wisdom of doing so in the face of having the highest unemployment in the nation. Ray Wolfe, 1473 Luella Street, spoke in opposition to the Multiple Unit Property Tax Exemption (MUPTE). He stressed that he was not an unmitigated tax opponent, but wanted property taxes to be MINUTES--Eugene City Council April 12, 2004 Page 4 Regular Meeting appropriately accounted for. He alleged that MUPTE shifted property tax burdens from well-to-do property owners to other property owners, many of whom are insolvent or on the verge of insolvency. He noted there were 236 property owners who were three years delinquent and vulnerable to property loss. He asked councilors if they had spoken to any of these residents in their respective wards. Mr. Wolfe asked if the revenues lost through tax exemption had been fully considered. He cited an Oregon State document in which it was stated that tax exemption costs equal tax revenues. He wondered how much exemptions explained the tax-payers' revolt against bond measures. He asked if future tax-related elections would be lost due to "public reaction to gifts from the poor to the rich." He suggested staff should be required to present the council with an economic impact statement with each tax influencing measure under consideration. He opined the proposed MUPTE ordinance would shift the burdensome taxes to the poor from the richer for the purposes of accelerating development that would take place more slowly without subsidy. Chris Kluth, 2830 Friendly Street, provided a copy of a letter from his parents who were out of town. He related that his father, currently doing contracting work for the military in Europe, felt City employees had lied to him regarding the reclassification of the neighborhood streets to collectors. Marcella G. Moore, 2812 Friendly Street, asked the council to vote against the recommendation to designate Storey Boulevard, Friendly Street, and Crest Drive as collectors. She predicted people would be hit by cars and die. She said she and her husband had lived at their current residence for more than 20 years and enjoyed both the urban feeling and the rural feeling of Friendly Street. She asserted that the intersection of 28th Avenue and Friendly Street was already dangerous. She thought repaving the streets and adding sidewalks would give pedestrians a false sense of security. Cathryn Tredway, 2820 Friendly Street, opposed the reclassification of her neighborhood streets. She called it a "tax disguised as an improvement." She averred it would not improve the quality of her life and would cause a significant financial hardship. She predicted the safety of her family and neighbors would be compromised by the increased speed and privacy would be lost by sidewalk placement in her yard. She felt taxpayers would be better served by patching potholes, installing more stop signs, directing traffic to existing arterials, and enforcement of the speed limit. Robert Kris Millegan, 39830 McKenzie Highway, Springfield, said he was organizer and coordinator of a Eugene event that was part of a world-wide event that sought to legalize marijuana. He stated there had been a march and rally each year for the last four years, but this time he intended to organize a rally. He objected to the 25-person permit requirement and asked under what authority the City of Eugene could supercede the Constitution of the United States and the Bill of Rights. He also questioned the right of the City to arrest, charge, incarcerate, and cause financial loss to a person for possession of marijuana. He called marijuana a "gift from nature's God." He asserted that cannabis possession statutes were "void admissio." He noted that the prohibition of alcohol had required a constitutional amendment. He said his civil rights were inalienable and he had a religious right to use marijuana in accordance with his spiritual- ity. He provided his testimony in writing. Jim Hale, 1715 Linnea Avenue, asked if the City had an alternative site planned for the hospital, should the Eugene Water & Electric Board (EWEB) site not work out. He also asked if there was an alternative plan for the EWEB site, should the hospital choose not to locate there. He requested the City Council to ask EWEB to move on with its plans to relocate to western Eugene. He asserted that Eugene no longer MINUTES--Eugene City Council April 12, 2004 Page 5 Regular Meeting needed EWEB. He thought the vacated EWEB yard could be sold as commercial space and the building could be used for the City's Central Services Department and City Council meetings. He felt EWEB represented a redundancy in functions that were already being provided by the City. Beth Hjelm, 920 Crest Drive, urged the council to vote against the plan to make Crest Drive a collector. She cited the minutes of the most recent Eugene Planning Commission meeting and asserted commission- ers' questions were not answered. She noted that Commissioner Duncan had asked how street assessments would be made and that another commissioner had asked for an explanation of contextual-sensitive design standards. The former had remained unanswered and the latter had been deferred as staff had responded that this was a neighborhood decision. She cited Commissioner Lawless' concerns regarding erosion as another unaddressed issue. She related that Commissioner Rusch had asked staff to compare and contrast other collectors and also how the change could be considered less safe to the neighbors and what the disjoint was between what was being heard from the neighborhood and what was being heard from staff. She said Commissioner Belcher asked for parking information and an accident history. She underscored that the decision should be a neighborhood decision and the council should summarily reject the recommen- dation because the neighborhood did not want or need the change. Vikki Stea, 130 Crest Drive, asked the council to vote against the plan to reclassify Storey Boulevard, Crest Drive, and Friendly Street as collectors. She noted that Wayne Morse Ranch was a park for all citizens and was used by busloads of children in the summer and hundreds of families in the spring and fall. She commented that many deer cross the street by her house daily. She asserted that the new designation would increase the hazards to both cars and deer. She felt traffic was already heavy. Maurie Denner, 3853 Blanton Road, shared that he walked in the neighborhood and had talked to many people. He was stunned by the universal belief that designating the neighborhood streets as collectors was wrong. He asked the council to look at the confusion around the issue and send it back to staff. He felt the process used to gain neighborhood input, that of a random sampling of opinion, did not show the proper amount of respect for people who lived on Crest Drive and Storey Boulevard. He noted that he lived a block from Crest Drive and had known nothing of this redesignation. He opined that City staff and elected officials need to create confidence and trust in the City process. Mr. Denner added that neighbors of the Willakenzie School would be testifying in the Public Forum and asked the council to ~listen carefully." Janetta Overholser, 30300 Cottage Grove-Lorane Road, Cottage Grove, brought a kitten to the council Public Forum to emphasize that it was kitten season and feral cats were breeding. She noted the kitten had been abandoned. She said several thousand feral cats had been altered in the Eugene area through Feral Cat Coalition of Oregon. She underscored that there was no where to take stray cats from Eugene as, by law, Greenhill Humane Society was only allowed to receive cats from owners. She reiterated that the cost of fixing the problem would be greater than the cost to prevent it in the first place. Ron Teninty, 999 Brookside Drive, spoke in opposition of the development of a Wal-Mart %uperstore." He submitted copies of articles on Wal-Mart development to the council. He noted there was a letter to the editor in the Register-Guard signed by Ted Oliver, district manager of Wal-Mart stores. He related that the letter asserted that Wal-Mart offered great jobs that paid above union scale, a full range of benefits, including 401 (K) programs and health insurance benefits, and profit-sharing. He pointed out that this was a contradiction to what was being experienced all across the country with regard to Wal-Mart. He MINUTES--Eugene City Council April 12, 2004 Page 6 Regular Meeting suggested a subcommittee designated by the council check into Wal-Mart's statements in order to determine who to believe. Shana Stull, 4016 Josh Street, a member of the Eugene Citizens for Housing Standards, thanked the council for scheduling a work session on housing standards. She commented that support for the issue was growing in numbers daily and recommended the work session be held in a venue other than the McNutt Room to accommodate what could potentially be a large number of attendees. She underscored that the initiative could affect up to 54,000 citizens in Eugene. Sean Kelly, 1719 Best Lane, executive member of the Harlow Neighbors Association and the chair of the Willakenzie Action Committee, stated that the Parks and Open Spaces Division had concluded that the Willakenzie neighborhood was a high needs area for park space. He said that by acquiring the entire Willakenzie property for park space the City would help fill this need and preserve a piece of Eugene's educational and recreational history. He asserted that acquiring only part of the land and placing more people in the neighborhood represented the wrong direction for the neighborhood. He said the open space was used year-round by children's sports teams as well as neighbors, joggers, and people walking their dogs. He felt the neighborhood had been recklessly over-developed and needed all eight acres encompassed by the property. He noted that many other parks in Eugene were at least this large and asserted it was not out of line to have an eight-acre park. Sherle Hawley, 3484 Storey Boulevard, spoke in opposition to the reclassification of neighborhood streets to collectors. She remarked that the original name for Crest Drive and Storey Boulevard was the Old Lorane Highway and averred it had historical significance. She asserted the collector street plan would change the character, livability, and safety of the street by bringing more cars down to the street. She stated that ~to add insult to injury" the neighbors would be required to pay for a plan through assessments and a decrease in property values. She likened the collector plan for the area to ~putting a round peg in a square hole." She stressed that the only citizens that would benefit would be those who drove through the neighborhood and not the ones paying for it and that those people were largely made up of people coming from the County. She predicted that fixing the %ut-through" problem would be cheaper than changing the classification. She related that neighbors wanted slower traffic, safer roads, and walking and biking paths that fit the rural nature of the area. Terry Froemming, 2886 Bailey Lane, chair of the Harlow Neighbors, spoke regarding the Willakenzie school site. He likened it to a choice between much-needed parks and much-needed housing. He circulated two maps, the first from the 1988 Willakenzie Refinement Plan indicating the Harlow sub-area and the second map was from the same area several years ago. The first map still contained some larger expanses of green areas, but the second showed much less open space and much more development. He stressed that approximately 300 homes lay outside the one-half %locking standard" currently used by the Parks Division to define a served area. He said the consolidation of the two schools would have an impact on the amount of parks and open space. Howard Bonnett, 1835 East 28th Avenue, related his ~astonishment" that Councilor Nathanson had come out on the stage of the Hult Center for the Performing Arts accompanied by the new Cultural Services Division Director, Robb Hankin. He felt the stage had been used as a political venue and equal time and representation should be provided to other mayoral candidates. He suggested the City Manager be directed to find out the reason for this and to determine whether there was a policy on this. MINUTES--Eugene City Council April 12, 2004 Page 7 Regular Meeting Councilor Bettman, seconded by Councilor Taylor, moved to extend the time for the Public Forum by ten minutes to accommodate five more speakers. Roll call vote; the motion passed 5:1 (Councilor Poling inadvertently voted no and later withdrew his ~no" vote). Steve West, 3025 Friendly Street, called the designation of Friendly Street, Storey Boulevard, and Crest Drive a %ad idea." He asserted it was not fair to ask neighborhood residents to give up their amenities in order to aid others in arriving quickly to the downtown area nor was it fair to ask residents to pay for road upgrades. He invited the councilors to walk with him from Friendly Street and Lorane Highway to the downtown area and see the difference between a neighborhood street, a neighborhood collector, and a highway. He suggested councilors also stand at the comer of 7th Avenue and Willamette Street and note the number of cars that traverse 7th Avenue with only one person in them. He agreed traffic was a problem but asserted there were ways of addressing it other than changing the designation of his neighborhood streets. Clyde R. Nielson, 3441 Storey Boulevard, noted that his testimony would repeat some of the previous testimony regarding the street reclassification. He thought that if all of the neighbors could speak with one voice, they would all oppose the change in street designation. He asserted that public officials were elected to represent the public and were not fulfilling their charge in this case. He averred the change threatened the tranquility of the neighborhood and would make living there more stressful, as well as negatively impacting the riparian zones and compromising the sylvan environment. He commented that Storey Boulevard ~was blessed" with two ~un-straightenable" curves which enhanced the beauty there but imposed the necessity of cautious driving. He suggested that Storey Boulevard should become a one-way street going uphill from the lower Crest Drive cut-off and its upper section. Martin Brown, 3446 Storey Boulevard, added his voice to the opposition of the aforementioned street reclassification. He asserted this action would destroy a vibrant and unique neighborhood and would not comply with Goal 5 standards. He felt it would exacerbate driving conditions, which were already hazardous. He questioned the wisdom of implementing a conventional street plan in an area that was recognized by the City as being so unique. He said it called into question the City's ability to meet the principles of the practical use of context-sensitive design. He alleged there already was much traffic cutting through the area. Elizabeth Lorish, 897 West 36th Avenue, conveyed her concern regarding the reclassification if neighbor- hood streets into collectors. She stressed that opposition to this was unanimous and there were signs in every yard that expressed this opposition. While she recognized the need to repave the road, she thought widening it and straightening the curves would be ~ludicrous." She related that the neighborhood liked the curves and country ambience. She noted over 100 citizens had come to a public hearing on this item on November 4, 2003, and all were opposed to the change. She reiterated neighborhood concerns that environmental degradation would occur and property values would fall. Wendy Dudelheim, 3385 Storey Boulevard, asked the councilors to protect the antiquity of nature's design surrounding Storey Boulevard, Crest Drive, and Friendly Street. She said she moved to Storey Boulevard because it provided privacy and peace. She remarked that it was the reason she lived in Eugene. Councilor Bettman thanked those who testified, adding that it was wonderful to see so many people bringing their input to the council. She related she had been advised that speaking on Friendly Street could be a perceived conflict of interest, as she lived on the north end of Friendly Street and the proposed change MINUTES--Eugene City Council April 12, 2004 Page 8 Regular Meeting may lower her property values. She recommended that staff sit with the community and come up with a community-sensitive design. She noted the public hearing was scheduled for May 10. Councilor Poling indicated he inadvertently cast a "no" vote to extend the time and corrected his vote for the purpose of the record. He thanked everyone who spoke at the Public Forum. Councilor Pap~ commented that he had not seen such a large turnout in a long time. He concurred with comments made by Councilor Bettman. He noted there was a work session scheduled for April 28 on the street reclassification. City Manager Dennis Taylor remarked that it would be beneficial to hear the background information on this issue. Councilor Pap~ said he was a proponent for the safety that sidewalks bring. He expressed there was a happy medium for pedestrian and bicycle travel on those roads. He looked forward to a process that would both satisfy the needs of the neighborhood and the need of the community for safety. Councilor Pap~ asked if it would be possible to have the work session on housing standards in the Bascom/Tyson Room in the Library, as per the request made at the Public Forum. Mr. Taylor agreed to look into it. Councilor Taylor apologized to those who spoke at the Public Forum for the two-minute limit. She felt it was difficult to change a three-minute presentation to two minutes on short notice and it hindered the ability of people to express their messages to the council. She thanked all those who testified for coming out and doing so. Councilor Taylor said she had walked the Storey Boulevard neighborhood and was familiar with the difficulties that it presented. She related that she had also attended the public hearing before the Planning Commission and had been impressed by the reasoning and passion expressed in the testimony. She hoped the public hearing before the City Council would be well-attended. She agreed the installation of more stop signs was a good idea and also that it would be difficult to widen streets without negatively impacting some of the homes. Councilor Taylor remarked that she had made a motion to have a moratorium on large developments but had been informed by legal counsel that such a moratorium would have no effect on current applications, which included the Wal-Mart application. She noted her motion had failed. Continuing, Councilor Taylor expressed her support for the discussion on housing standards and reiterated that it should have been dealt with in a more timely fashion. Councilor Kelly thanked those who testified. He called the quality of testimony "superb." He commented that he had a lot of detailed notes. He appreciated, in particular, the neighborhood interest in the street reclassification issue and the concern regarding "big box stores." He agreed that the work session on housing standards should be moved to a larger venue. Councilor Kelly opined that the 10 p.m. ending time was too early. MINUTES--Eugene City Council April 12, 2004 Page 9 Regular Meeting Mayor Torrey reminded the audience of the need to not show support for one point of view or another. He explained that the rule was so that all sides of an issue felt they would be heard and treated fairly. He noted that a troop of Boy Scouts had been present and opined the Public Forum had been a good education for them in civic procedure. 2. CONSENT CALENDAR A. Approval of City Council Minutes - February 9, 2004, Work Session -February 23, 2004, Work Session - February 23, 2004, City Council Meeting - February 25, 2004, Work Session - March 8, 2004, Work Session - March 10, 2004, Work Session B. Approval of Tentative Working Agenda C. Approval of 2004-05 Funding allocations for Federal Community Development Block Grant, HOME Investment partnerships, and American Dream Downpayment Initiative Programs D. Approval of Minutes, Findings and Recommendations from the Hearings official and Adop- tion of Resolution 4789 Forming a Local Improvement District for Paving, Constructing Curbs and Gutters, Sidewalks, Median, Street Lights, Traffic Signal, Street Trees, Waste- water and Stormwater Drainage on Garden Way from Sisters View Avenue To Martin Lu- ther King Jr. Boulevard, and the North Side of Martin Luther King Jr. Boulevard from Marche Chase Drive to 1-5 (Job #3502) Councilor Bettman, seconded by Councilor Kelly, moved to approve the items on the Consent Calendar. Councilor Poling requested to pull Item C from the Consent Calendar. Councilor Bettman had submitted corrections to the minutes via email. She pulled items B and D from the Consent Calendar. Mayor Torrey deemed the corrections, without objection, approved. Councilor Kelly stated that he had previously submitted corrections to the minutes via email. Mayor Torrey said the corrections had been reviewed and that, without objection, they were deemed approved. Roll call vote; the motion to approve Item A from the Consent Calendar passed unanimously, 8:0. Councilor Bettman related that Councilor Meisner had requested the work session on the airport fire and rescue services be moved to April 21 as there was time available. Mr. Taylor said the space in the work session was reserved for carryover items from council meetings. He noted that Councilor Meisner had specifically requested the vote on the MUPTE be postponed until he MINUTES--Eugene City Council April 12, 2004 Page 10 Regular Meeting could attend. He recommended that action on MUPTE be held at the April 21 work session. Councilor Bettman pointed out that space was available on May 19. Mr. Taylor responded that this would be preferable to the April 21 date. However, Mr. Taylor said the topic of fire and emergency services was related to a collective bargaining issue which could end up before the Labor Relations Board. As such, he advocated for the latter date as he opined it would be premature to address the item while it was still open at the collective bargaining table. Councilor Bettman averred the topic was a policy question of whether or not to outsource fire and rescue services for the airport. Councilor Bettman, seconded by Councilor Taylor, moved that a work session be held on the proposed privatization of fire and rescue services at the airport on April 21. Councilor Kelly acknowledged that it was a collective bargaining issue, but suggested council policy direction could change the current impasse. He felt the Franchise Fee Audit issue, currently scheduled for the aforementioned work session might not be as time sensitive as the privatization of fire and emergency services at the airport. Councilor Solomon commented that the council never seems to finish its agenda and it seemed critical that some time be left open in work sessions to complete unfinished items. She did not see that the fire privatization issue was time-sensitive and indicated she would not support the motion. Mr. Taylor asked the council to resist the motion. He felt the discussion to be premature and hoped the council would move the discussion to a more appropriate timeframe. Councilor Pap~, seconded by Councilor Bettman, moved to amend the motion so that the fire privatization issue would come to the Work Session on May 19. Councilor Bettman opined the MUPTE issue was not an emergent issue and there would not be a negative impact to the community in not moving forward on it expediently. Councilor Solomon disagreed. She stated there had been multiple meetings on MUPTE and the council was ready to move on it. She felt it better to resolve MUPTE and be finished with it than to open the fire privatization issue. She reiterated that the latter would not be impacted by waiting until June to bring it to a work session. Mr. Taylor repeated that the bargaining issue was under the purview of the City Manager. He stressed that the arguments that would come out of the appearance before the Labor Relations Board would not be available by the April session, nor would they likely be available for the May session. Councilor Bettman remarked that the only employee of the council was the City Manager and the only influence on the organization as a whole that the council had was on the City Manager. She averred that the City Manager's assertion that the bargaining issue was pivotal and the council should not weigh in on it until it was resolved was all the more reason the council should weigh in on it. Mr. Taylor implored the council to allow the bargaining process to continue and continue to maintain the MINUTES--Eugene City Council April 12, 2004 Page 11 Regular Meeting date the issue had been originally scheduled for a work session. Mayor Torrey indicated that he would vote against the amendment and the main motion in the event of a tie. He stated that the City Council hired the City Manager to take on this role and to undermine this role was in ;;very poor form." He agreed the council had the authority to address the job performance of the City Manager, adding that an evaluation of Mr. Taylor was coming up in the near future. However, he hoped that the council would not hamper the City Manager's ability to meet the responsibilities of his role within the City infrastructure. Councilor Taylor asserted that the council did not hire the City Manager to make policy. Councilor Kelly agreed that labor negotiations were the purview of the City Manager, but it was the council's purview to determine whether fundamental City services were supplied by public employees or private employees. Mayor Torrey called for the vote on the amendment. Roll call vote; the amendment failed, 5:1; Councilor Papd voting in favor. The vote on the main motion was a tie, 3:3; Councilors Bettman, Taylor, and Kelly voting in favor and Councilors Poling, Solomon, and Papd voting in opposition. Mayor Torrey cast a no vote and the motion failed on a final vote of 4:3. Mayor Torrey called for a break. The council reconvened after a five minute respite. Councilor Poling, seconded by Councilor Solomon, moved to amend the One-Year Action Plan by deleting acquisition of the Willakenzie School site as the use for $400,000 in funds for acquiring a site for future low-income housing and require staff to return to the City Council prior to purchasing additional land bank sites with these funds. Councilor Poling explained that he placed the motion on the table primarily for the reason that the school site would be better used for a park. He clarified that he supported purchasing property and banking it for housing, but in this instance, the neighborhood did not have adequate park space for its population. He related that the Harlow Neighbors voted unanimously to ask the City to purchase all eight acres of the site for park and open space uses. He noted he had intended originally to make a motion to pursue acquisition of the three acres of the Willakenzie School site for the purposes of park space and playing fields, in addition to the five acres at that site already being considered for purchase by the City for the same purpose. He stated that he had chosen not to make this motion at this time. However, he reiterated that it was his preference and the preference of the majority of the Harlow area citizens to make the eight-acre site a park and playing field area. Councilor Kelly said it was a parks versus low-income housing issue. He agreed there was a lack of planning that contributed to the lack of parks and open space set aside for the neighborhood in question. He related that he had served on the HPB and he stressed the amount of funds available for low-income housing construction was much smaller than the need for such housing. He underscored that low-income housing was for families living at 50 to 60 percent of the median income of the area. He felt parks were important, but that having a roof over one's head was also important. He supported the original proposal which would utilize three acres of the land for low-income housing and five acres for a park. He opposed MINUTES--Eugene City Council April 12, 2004 Page 12 Regular Meeting the motion. Mr. Taylor stressed the importance of acting on the One-Year Action Plan before May 15. He said the adoption of Councilor Poling's action would leave the $400,000 allocation for land bank acquisition within the Community Development Block Grant (CDBG), but it would not be consistent with the staff recom- mendation. He added that either motion would work within the requirements. He felt that, should the council vote for the staff recommendation, it would still allow the City to buy the land back from the CDBG funds. He stated that, should the three acres not be included in the acquisition, the current policy on parks would dictate that the City would purchase the five-acre parcel and the three-acre parcel would remain for the school district or others to consider. Councilor Pap~ conveyed his appreciation for the intent of Councilor Poling's motion. He felt that sort of planning for parks and open space could monopolize council time. He averred such planning was well- executed by the Parks and Open Space Division. Noting he was the City representative on the HPB, he related the board had given the proposed acquisition a unanimous vote of support. He said the land could be traded for another parcel, should it be purchased. He opposed the motion, but would support giving direction to the City Manager to return with a plan to purchase both parcels simultaneously. Councilor Bettman commented that she had been pleased to see the plan for both low-income housing and a five-acre park. She opined the council could not have everything it wanted. She concurred with Councilor Poling regarding the neighborhood's need and desire for more park area. She thought a five-acre park was ample. She noted the issue mirrored the Westmoreland School site park issue, in which the neighborhood had asked for one acre and had been denied it. In response to a question from Councilor Solomon, Mr. Taylor said there was no guarantee that the City was purchasing the parcels, but there was a presumption that the 4J School District would negotiate with the City first. Councilor Taylor remarked it was unfortunate to lose any open space the City had. She opined that school grounds were some of the best open spaces the City had left. She asked if the five-acre parcel would provide adequate playing fields for the need. Mr. Taylor felt it might not address the larger need for playing fields citywide, but it would provide good practice fields. He said it would be acquired with park systems development charges (SDCs). Mayor Torrey averred that, though this parcel was not park-like necessarily, the playing fields were well- used and needed to be protected. He thought the plan from staff did in fact do so. He felt the need for playing fields was a growing problem as the City had not done anything to replace the fields that were going to be lost at Cal Young Middle School and Washington Elementary School. He believed the City would be better-served by going across Beltline Road and developing the eight-acre parcel the City owned there into playing fields. Councilor Poling said, in response to Councilor Solomon, the negotiation for the sale of the land had yet to begin. He stated that a public hearing on the proposal for the Willakenzie site would be held on May 12 and the school district would decide whether to sell it or not on May 26. Councilor Pap~ asked what the soonest date a Request for Proposals (RFP) for development of the three acres would be issued. Mr. Taylor responded that it would be a long time. He added that, should the staff MINUTES--Eugene City Council April 12, 2004 Page 13 Regular Meeting motion be adopted and all eight acres were acquired, there would still be an opportunity to discuss the options for the property. He thought acquiring only the five-acre parcel would cause the City to lose some leverage in terms of what the City would want to do in that area. Councilor Pap6 asked how soon the report from the Mayor's Task Force on Parks, Recreation, and Open Spaces would be ready. Kurt Corey, director of Public Works, said the report, a more global look at the City's needs for parks and open space, would be ready at the end of the year. City Attorney Jerry Lidz affirmed, at Councilor Kelly's request, that the school district was required by law to give public entities the first right when negotiating the sale of property. Roll call vote; the motion to amend the One-Year Action Plan failed, 4:2; Councilors Pol- ing and Solomon voting yes. Roll call vote; Item C of the Consent Calendar was approved by a unanimous vote, 6:0. Regarding Item D, Councilor Bettman asked staff to speak to the $92,000 difference between the reimbursable bonds to be issued and the assessments. She asked where the money would be coming from. Paul Klope, Principal Civil Engineer for the Public Works Department, explained that the resolution indicated an upper level that would be sold, in terms of the bonds. He said the bonds would be sold in the amount of the assessments for those people who choose long-term financing with the City. Mr. Klope affirmed, in response to a further question from Councilor Bettman, that the $92,000, should it be incurred, would be paid for by assessments. Councilor Bettman indicated she would vote against the item because she felt the combination of funds, from SDCs and the Oregon Department of Transportation (ODOT), took funding from road maintenance and preservation. She asserted the latter source of funding was actually State Transportation Improvement Program (STIP) money, which could be spent on transit, preservation, and planning purposes. She said $1,175,000 in STIP money was in this project, which would accommodate new growth as the SDCs would cover the existing expenses. She repeated concerns that the money should have been used for other projects, that urban renewal diverted money from the General Fund, and that money should be used for preservation first. Councilor Solomon conveyed her support for the motion, calling it a standard process for funding improvements. She opined that this section of town was in dire need of improvements. Councilor Solomon asked what sort of guarantees staff had that the costs would not run more than ten percent over the numbers before them. Mr. Klope responded that the cost was based on the per unit price under typical conditions. As an example of how a cost overrun could occur, he cited the possibility that the foundation soil under the road would be found to be weaker than tests had predicted it would be. However, he averred that historically projects this large had not experienced major cost overruns. Councilor Bettman reiterated there was a $90 million backlog in streets that need to be maintained and preserved. She recapped the arguments regarding the transportation system maintenance fee (TSMF). She asserted that where money was spent was a matter of council priority. MINUTES--Eugene City Council April 12, 2004 Page 14 Regular Meeting Roll call vote; the motion passed, 4:2; Councilors Bettman and Taylor voting in opposi- tion. MINUTES--Eugene City Council April 12, 2004 Page 15 Regular Meeting 3. PUBLIC HEARING: An Ordinance Concerning Apportionment of Assessments for Alley Improvements; Amending Section 7.175 of the Eugene Code, 1971; and Providing an Effective Date Mayor Torrey opened the public hearing. As no one present wished to speak, Mayor Torrey closed the public hearing. Councilor Bettman asked if there was a way to make improvements to alleys contingent upon 100 percent approval of all the affected property owners. Mark Schoening, City Engineer for the Public Works Department, responded that the council could enact such a requirement. Councilor Bettman requested some language that would accomplish this when it came time to act. Councilor Bettman opined that all property owners should have a right not to be assessed for improve- ments. Councilor Kelly stated that the reason this item was before the council was because of the large number of unimproved alleys in the West University Neighborhood and because the West University Neighborhood Task Force (WUNTF) had placed this as one of the highest priorities for neighborhood improvements. He averred that, due to the large number of property owners that live elsewhere, the likelihood such an improvement would even receive a 50 percent level of agreement would be slim. He felt making such a requirement would hamstring alley improvements in the area. Councilor Solomon concurred, adding that requiring 100 percent agreement assured nothing would be done. 4. PUBLIC HEARING: An Ordinance Concerning Ambulance Services; Amending Sections 2.606, 2.1990, 3.005, 3.862, 3.864, 3.866, and 3.990 of the Eugene Code, 1971; and Repealing Sections 3.850, 3.852, 3.854, 3.856, and 3.858 of that Code Mayor Torrey opened the public hearing. Seeing no one who wished to speak to the issue, Mayor Torrey closed the public hearing. Councilor Kelly remarked that the ordinance had not come with a strategy for what services would be subcontracted. He felt the ordinance could be read to indicate that all emergency medical services could be subcontracted. He asked staff to provide information on what emergency services other jurisdictions chose to privatize and how quality was monitored. Deputy Fire Chief Matt Shuler said there were three issues addressed by the ordinance, of which privatization of certain ambulance services was one. He stated that the other two were to contemporize the language and make it into alliance with the Oregon Revised Statute (ORS) and to give the licensing unit better tools for managing ambulance transport. Councilor Bettman asked for further interpretation of the language in the ordinance. She felt the privatiza- tion of the ambulances looked a little like a taxi service. She was concerned the drivers would not have adequate training. MINUTES--Eugene City Council April 12, 2004 Page 16 Regular Meeting Deputy Shuler stated that the first responder was strictly limited to Emergency Medical Services (EMS). He noted that there was a triage system in place that aided the 9-1-1 operators in prioritizing calls and determining what level of response was needed. 5. PUBLIC HEARING AND POSSIBLE ACTION: An Ordinance Concerning Solid Waste, and Amending Sections 4.830, 4.835, 4.855, and 6.055 of the Eugene Code 1971 Councilor Pap6 requested to be recused and Mayor Torrey granted his request. Mayor Torrey opened the public hearing. John Hire, 3935 Spring Boulevard, supported the ordinance. He felt the ordinance would provide definite guidelines as to where citizens should place their mixed recycling carts. He added that the collection system afforded the City the most cost effective way to pick up garbage, recycling, and yard debris, and the ordinance will keep the carts from obstructing pedestrians and bicyclists. Mayor Torrey closed the public hearing. He asked if there was interest in acting on the ordinance at the present meeting. Councilor Bettman asked who would respond to a complaint of a can left in the street. Solid waste and recycling analyst Alex Cuyler replied that the Planning and Development Department (PDD) acted on such complaints and, much like a land use inspector, they tried to gain compliance first and then employed further tools. In response to another question from Councilor Bettman, Mr. Cuyler stated that the program was paid fully through the licensing program. Councilor Bettman complimented the large commingling recyclables container. Councilor Taylor noted she had received many complaints regarding garbage cans in the street. Mr. Cuyler said the ordinance would allow the containers to be left in the street for a 29-hour window. Councilor Bettman, seconded by Councilor Poling, moved that the City Council adopt Council Bill 4865, an ordinance concerning changes to residential solid waste and recy- cling collection. Roll call vote; the motion passed unanimously, 5:0. The meeting adjourned at 10:03 p.m. Respectfully submitted, Dennis M. Taylor City Manager MINUTES--Eugene City Council April 12, 2004 Page 17 Regular Meeting (Recorded by Ruth Atcherson) M: 12004 ICentral Services DepartmentlCity Councillcc040412m2. doc MINUTES--Eugene City Council April 12, 2004 Page 18 Regular Meeting