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HomeMy WebLinkAboutItem 3A: Approval of City Council Minutes ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Approval of City Council Minutes Meeting Date: January 11, 2009 Agenda Item Number: 3A Department: City Manager’s Office Staff Contact: Beth Forrest www.eugene-or.gov Contact Telephone Number: 682-5882 ISSUE STATEMENT This is a routine item to approve City Council meeting minutes. SUGGESTED MOTION Move to approve the minutes of the January 12, 2009, Executive Session, June 24, 2009, Work Session, July 13, 2009, City Council Meeting, October 28, 2009, Work Session, November 9, 2009, City Council Meeting, November 23, 2009, City Council Meeting, and November 16, 2009, Public Hearing. ATTACHMENTS A. January 12, 2009 Executive Session B. June 24, 2009, Work Session C. July 13, 2009, City Council Meeting D. October 28, 2009, Work Session E. November 9, 2009, City Council Meeting F. November 23, 2009, City Council Meeting G. November 16, 2009, Public Hearing FOR MORE INFORMATION Staff Contact: Beth Forrest Telephone: 682-5882 Staff E-Mail: beth.l.forrest@ci.eugene.or.us Z:\CMO\2010 Council Agendas\M100111\S1001113A.doc ATTACHMENT A M I N U T E S Executive Session Eugene City Council McNutt Room—City Hall—777 Pearl Street Eugene, Oregon January 12, 2009 6:30 p.m. COUNCILORS PRESENT: Chris Pryor, Betty Taylor, Andrea Ortiz, Jennifer Solomon, Mike Clark, Alan Zelenka, George Poling, George Brown Her Honor Mayor Kitty Piercy called the work session of the Eugene City Council to order. C. WORK SESSION Police Auditor Recruitment Process Ms. Piercy called the Eugene City Council into executive session to consider the employment of a public officer, employee or staff member, pursuant to ORS 192.660(2)(a). The executive session adjourned and the work session reconvened at 7:00 p.m. Respectfully submitted, Jon Ruiz City Manager (Recorded by Lynn Taylor) MINUTES—Eugene City Council January 12, 2009 Page 1 Executive Session ATTACHMENT B M I N U T E S Eugene City Council Work Session McNutt Room – City Hall 777 Pearl Street—Eugene, Oregon June 13, 2009 12:00 p.m. COUNCILORS PRESENT: Chris Pryor, Mike Clark, George Poling, Betty Taylor, Alan Zelenka, Jennifer Solomon, George Brown, Andrea Ortiz. Ms. Piercy called the work session meeting of the Eugene City Council to order at 12:03 p.m. Ms. Piercy noted that she had recently attended the National Olympic Day event at the local chapter of the Boys & Girls Clubs of America. She noted that the second public forum regarding the proposed new police facility and the relocation of certain City staff offices would take place at the Sheldon Community Center on Thursday, June 25, 2009. Ms. Piercy noted that the opening ceremonies for the National Track and Field Championships would be taking place on Thursday, June 25, 2009. She reminded the council that events commemorating National HIV Day would occur at 1:00 p.m. on Friday, June 26, 2009. Ms. Piercy noted that a Mayor's One-on-One event would be held at 5:00 p.m. on June 30, 2009, at the Rite Aid at the Woodfield Station shopping center. She noted that a press conference with Jeff Merkley would be held on June 29, 2009, at Delta Ponds at 12:30 p.m. Ms. Piercy wished the council members and staff a happy Fourth of July holiday. Mr. Clark noted ongoing discussions between himself, Mr. Zelenka, and new Police Auditor Mark Gissiner about a variety of issues. He commented he had recently met with representatives from the Shangri La Corporation and further reported that they were still in negotiations with the City’s Planning and Development division regarding their housing project along Meyers Road in the north Eugene area. Mr. Clark noted he had attended the June 11, 2009, Police Commission meeting which was a joint meeting with the new police auditor and representatives from the City’s Civilian Review Board (CRB). He further noted there was a robust discussion regarding the varying levels of communication between the Police Commission and the CRB. Mr. Clark reported he had attended a meeting of the Beltline steering committee on June 15, 2009, along with Ms. Ortiz to discuss ODOT’s various interactions with community groups in the area regarding the Beltline upgrade projects. Ms. Solomon noted she attended the Active Bethel Citizens group’s quarterly general meeting to discuss a planned local farmers’ market at Petersen Barn. She further noted that Service Improvement Manager Terrie Monroe had attended that meeting to introduce the City’s outreach program. MINUTES—Eugene City Council June 24, 2009 Page 1 Work Session Ms. Solomon noted she had attended the most recent meeting of the Lane County Human Services Commission where they finally passed their budget. She reported she had attended the grand opening of the Prairie View affordable housing complex and would be attending the grand opening of the Golden Gardens Park at 5:00 p.m. on June 25. Mr. Brown commented he had attended a portion of the most recent meeting of the CRB. He noted he had also attended the grand opening of the Prairie View housing complex and suggested that a similar affordable housing complex might be developed in or around the downtown area. Mr. Brown noted he had attended a City Hall community discussion at the Atrium Building regarding the City’s plans for a new police facility and that about 40 people had attended. Mr. Poling noted he and Mr. Clark had attended the Eugene Chamber of Commerce Business’s After Hours event at Crescent Village and reported that there was a very large turnout. He said he was pleased by the turnout at the recent Safety Day event on June 20. Mr. Poling noted there would be a public forum discussion at the Sheldon Community Center on June 25 to begin a series of discussions regarding high speed rail systems between Eugene and Vancouver. He reported he had attended the recent Travel Lane County Visitor Industry Celebration event at Lane Community College where several notable awards and recognitions had been given out. Mr. Pryor noted that the City’s Housing Policy Board would be reviewing applications on June 29 for construction on certain projects. He reported that he would be chairing a meeting of the Lane Council of Governments (LCOG) on June 25 in Veneta where one of the agenda items was expected to be the performance evaluation of LCOG’s executive director. Mr. Pryor noted that he had also attended the recent Safety Day event and was very pleased by the turnout. Ms. Ortiz noted that the Lane Regional Air Pollution Authority (LRAPA) board had recently passed their budget and that the performance evaluation for that group’s executive director would be conducted soon. She further reported that LRAPA would be sending notices about the Seneca biomass burning and would be organizing community open house events regarding the same. Ms. Ortiz stated that she had been working on a taser forum for Friday, July 31 with the City Club of Eugene and that EPD Chief Pete Kerns, Police Auditor Mark Gissiner, Laura Reading from the Civil Defense Center, and Claire Syrett from the American Civil Liberties Union had also been participating in those efforts. Ms. Ortiz thanked the Public Works division for their recent cleanup efforts in the Trainsong neighborhood. She noted that the recent Trainsong Celebration event had been very well attended. She asked that a council work session meeting be scheduled to discuss roadway assessments. Ms. Taylor noted that a meeting of the Southeast Neighbors group had recently taken place and that the Crest Drive Citizens Association had decided not to meet during the summer. She stated she had recently attended the Very Little Theatre’s production of the play “Humble Boy” and encouraged the other council members to support local arts efforts. Mr. Zelenka noted that he had officiated at a recent run for sustainable schools event as well as a hip-hop fundraiser for the HIV Alliance and the Eastside Faith Center. MINUTES—Eugene City Council June 24, 2009 Page 2 Work Session Mr. Zelenka noted he had recently toured the new University of Oregon basketball arena construction site and had learned about several of the more technical parking considerations that were being planned for the site. He noted he had attended a recent joint meeting of the City’s Sustainability Commission and Planning Commission groups. Mr. Zelenka noted he had attended the recent transportation town hall meetings with Mayor Piercy and several other City representatives. He also noted that he and Ms. Piercy had attended the most recent Metropolitan Planning Commission (MPC) meeting where there had been a presentation of the MPC’s long term transportation planning calendar. He suggested that a similar presentation be made to the Eugene City Council. Mr. Zelenka thanked the Lane County Board of Commissioners for their recent vote regarding increased jail beds and noted that the City’s commitment of $1 million in transportation funds toward those efforts had been very helpful. Mr. Clark noted he had recently attended the NAACP’s annual fundraising barbeque. He noted that he had also attended the recent Safety Day event with his family and had been surprised to learn that the Eugene Police Department had chosen not to participate in the event due to budget considerations. Ms. Piercy thanked Fire/EMS Chief Randy Groves for his efforts with regard to the Safety Day event. She noted for the City Manager that representatives from the Prairie View affordable housing complex had expressed interest in building a community garden at that location and hoped that the City might somehow be able to assist in those efforts. City Manager John Ruiz noted he would be participating in the City’s Human Right Commission retreat on June 27. He further noted that efforts regarding the Active Bethel Citizens Eugene Counts events, the City’s urban renewal discussions, the new City Hall/Eugene Police Department facilities, and other community issues would be continuing throughout the summer. Mr. Ruiz noted that the police chief recruitment process was currently ongoing and that interviews for the position were expected to happen toward the end of July. Mr. Ruiz noted that the local Arts & Business Alliance group had been continuing to investigate the creative ways in which arts and business interests in the community intersected. A. WORK SESSION – Sustainability Commission Work Plan FY10 and Annual Report Sustainability Manager Felicity Fahy presented the Sustainability Commission’s Work Plan FY10 and first Annual Report and commended the efforts of the commission members and support staff in that regard. Ms. Fahy thanked Mr. Zelenka for his invaluable input as a Sustainability Commission member. Sustainability Commission Vice Chair Dave Funk provided a brief overview of the history of the Commission as well as the group’s mission statement and the eight priority areas that had been identified by the group (i.e. climate change, transportation, triple bottom line, land use issues, green building, business initiatives, waste, food). He commented that, initially, the group had formed an Immediate Action Subcommittee based on the work of the Portland Peak Oil Task Force Report and the Sustainable Business Initiative Report as well as the testimony from business and community leaders. Mr. Funk summarized the progress on the six initial recommendations provided to the City by the commission as described in Item 3.1.1 of the First Annual Report included as Attachment A to the agenda item summary materials. MINUTES—Eugene City Council June 24, 2009 Page 3 Work Session Mr. Funk noted that other items of interest not included in the First Annual Report included joint meetings between the Sustainability Commission and both the City’s Sustainability Board and the City’s Planning Commission, developing liaison relationships with various community groups and social services agencies, a variety of local media outreach efforts to increase awareness of sustainability issues, and the development of the sustaineugene.com website. Mr. Funk further noted that the Sustainability Commission had formed the Land Use Transportation Subcommittee (LUTSC) to explore a variety of sustainability issues with regard to local transportation issues. Sustainability Commission Chair Will Shaver directed the council to their copy of the Sustainability Commission work plan included as Attachment A in the agenda item summary materials and provided a brief overview of the work plan for the benefit of the council. Mr. Shaver proceeded to review each of the eight outcomes listed in the work plan in greater detail for the benefit of the council Ms. Piercy thanked Mr. Shaver and Mr. Funk for their presentations and the Sustainability Commission in general for their work on behalf of the City. She hoped the commission would continue to work with other local business leaders, neighborhood groups and social service agencies to coordinate and develop their sustainability efforts. Mr. Zelenka thanked Ms. Fahy and the Sustainability Commission for their efforts and also recognized the Sustainability Board. He noted that the primary challenge facing the Sustainability Commission was for them to narrow the scope of their efforts into a work plan that was practical and manageable. He commended the commission for the amount of work they had done over the last year and encouraged them to continue coordinating their efforts with local neighborhood groups. Mr. Zelenka commented that the triple bottom line tool used by the Sustainability Commission appeared to be very useful. Mr. Clark felt the commission’s goal to decrease the use of fossil fuels by 50 percent by the year 2030 was laudable but maintained that the metrics surrounding such a goal needed to be carefully and thoughtfully considered. Ms. Fahy, responding to a question from Ms. Taylor, noted that the Sustainability Board was an internal City staff group comprised of members from various City divisions and whose purpose was to set up, implement and maintain various sustainability policies. She further noted that many of the Sustainability Board members had been informally appointed by the City Manager. Ms. Fahy briefly discussed the relationship between the Sustainability Commission and the Sustainability Board for the benefit of the council. Mr. Shaver, responding to a question from Ms. Taylor, briefly discussed the nature of the food security issues being considered and reviewed by the Sustainability Commission. Ms. Ortiz hoped that the work plan might be revised or expanded to incorporate a greater focus on community outreach efforts and the coordination of same with local neighborhood groups. Ms. Fahy responded that the commission was in the process of setting up a sustainability workshop forum to increase public awareness of the commission’s efforts. She further noted that Mr. Funk currently served as the designated liaison to both the Neighborhood Leader’s Council and the community climate and energy group. MINUTES—Eugene City Council June 24, 2009 Page 4 Work Session Ms. Fahy noted that she and Climate and Energy Action Coordinator Matt McRae had recently relocated their offices to the Atrium Building in the hopes that doing so might facilitate more efficient connections with members of the public and various community organizations. Mr. Funk briefly described a variety of community outreach efforts employed by the Sustainability Commission. Sustainability Commission member Shawn Boles noted that he was also involved in a program called Communities and Schools Together which had been formed to investigate various sustainability aspects of nutrition and physical education programs. Mr. Brown thanked the commission members for their efforts and hoped he would be able to sit in on a future Sustainability Commission meeting. He noted he was particularly interested in the commission’s efforts with respect to the food security issues and outcomes described in their work plan. Mr. Pryor agreed that food security was a very important component of an effective community sustainability strategy. He added that the protection of local water supplies and associated resources was also highly important in that regard. Ms. Piercy was pleased the Sustainability Commission was not asking members of the public to choose between environmental and economic concerns with respect to sustainability priorities and strategies. She hoped the commission would continue to effectively involve the public with respect to their work plan and future strategies. Mr. Clark agreed with Ms. Piercy’s statement and hoped that the commission would continue to foster productive discussions surrounding the intersection of various environmental and economic concerns. Mr. Zelenka suggested that a successful implementation of carefully considered sustainability policies might help foster the creation of a variety of green jobs in the community. Mr. Zelenka, seconded by Mr. Clark, moved to approve the Sustainability Commission work plan and accept the annual report. The motion passed unanimously, 8:0. Mr. Funk reiterated that the triple bottom line tool of considering social equity, environmental health and economic prosperity had been very useful to the commission and hoped that it might be used in other City divisions and even local businesses. He invited the council to visit the sustaineugene.com website to learn more about the triple bottom line assessment tool. Mr. Funk, responding to a question from Ms. Piercy, commented that the City’s website did not do an adequate job of encouraging people to visit the sustaineugene.com website. Mr. Shaver thanked Mayor Piercy and the council for their ongoing support. Mr. Boles maintained that the City’s leaders and staff were not doing enough with respect to various sustainability issues and strongly urged them to encourage the enactment of a stronger and more proactive Sustainability Commission work plan. He strongly recommended that the City Manager take a much closer look at the sustainability issues facing the City’s organizational structure. Mr. Ruiz thanked Ms. Fahy and the Sustainability Commission representatives for their presentation. MINUTES—Eugene City Council June 24, 2009 Page 5 Work Session Ms. Piercy adjourned the work session meeting at 1:15 p.m. Respectfully submitted, Jon Ruiz City Manager (Recorded by Wade Hicks) MINUTES—Eugene City Council June 24, 2009 Page 6 Work Session ATTACHMENT C M I N U T E S Eugene City Council Regular Meeting Council Chamber—Eugene City Hall 777 Pearl Street—Eugene, Oregon July 13, 2009 7:30 p.m. COUNCILORS PRESENT: Chris Pryor, George Brown, Andrea Ortiz, George Poling, Mike Clark, Alan Zelenka, Betty Taylor, Jennifer Solomon. Her Honor Mayor Kitty Piercy called the meeting of the Eugene City Council to order. 1. CEREMONIAL MATTERS 2010 Census Proclamation - Mayor Piercy read a proclamation affirming the City of Eugene’s commitment to the 2010 census process. 2. PUBLIC FORUM Mayor Piercy reviewed the rules of the Public Forum. Paul J. Biondi , 1625 Henderson Avenue, #F3, thanked the City Council and Mayor Piercy for talking about the benefit for the Musicians Emergency Medical Assistance (MEMA), an organization started to help people in an industry that did not have medical insurance. He stated that more than 92 percent of musicians and people who worked in the industry had very little or no health insurance. He suggested that the City Council sign its support for MEMA in a memorandum or proclamation at some point in the future. He said they had held several fundraisers and had helped approximately 12 different people in the industry with bills they faced when injured or unwell. He noted that musicians were often the first people to come forward to help raise funds for deserving issues. He asked the City and also Lane County to support its artists, musicians, and people in the industry because their income was far less than that of a white collar worker. He announced that musicians would be performing at the World Music Festival, a MEMA benefit, on July 26 at Sweet Cheeks Winery. He hoped that this information could be published on the City’s website. Kenneth Reed , 2459 Haig Street, thanked the council and Mayor for inviting the musicians to speak. He underscored his pride in being a musician. He said musicians lived life differently than most people. He related that when most people were sleeping, they were working and entertaining strangers to “give them an opportunity to go home with a smile on their face.” He stated that MEMA had been created to meet needs of musicians. He thanked Mayor Piercy, in particular, for supporting the fundraising events for MEMA. He commented that people had no idea who the musicians were who provided the music for commercials seen on television, for instance. He underscored that everyone needed someone to help them at least once. He said it was important to have the local elected officials come out and support events such as the World Music Festival. th Lynda Duffy , 940 East 35 Avenue, echoed the musicians’ thanks to the council and Mayor Piercy for allowing them to present MEMA. She underscored that it was about musicians supporting musicians. She MINUTES—Eugene City Council July 13, 2009 Page 1 Regular Meeting noted that she did not have health insurance. She stated that MEMA was a safety net for musicians, their families, and the people who ran lights and sound and stages. She declared that music was the universe communicating to everyone. She listed some of the bands that planned to play for the World Music Festival, noting that MEMA had sponsors but needed more. She said MEMA also needed “a light to shine” on them so that more people knew that it existed. th Eugene Drix , 307½ East 14 Avenue, commented that the Public Forum seemed a little slow when he did not participate. He wanted to give an intrinsic gift to the community. He wanted to “spin” the two holes in the downtown area as opportunities. He observed that the world was in a hole now. He said there should be a value placed on the “Aster” hole; the holes should be shined up like a used car someone needed to sell. He suggested that if the holes were filled with the right thing, the community would grow, and the community should fill the holes with love. He acknowledged that a building should go into the hole, which meant that commerce should be involved as well as residences and entertainment. He thought it would be nice to have a campus downtown with “minds walking around with big questions.” He said the downtown could be a place where people lived and stayed and went to school. He averred that they had to do it one step at a time and everyone should cross their fingers. Mayor Piercy closed the Public Forum. She expressed appreciation for the representatives of MEMA coming and sharing their testimony. She said Eugene was the City for the Arts and Outdoors and the musicians were part of the arts. She wished the musicians did not have to hold fundraisers for health care. Councilor Clark thanked the three musicians. He appreciated the value that they brought to the community. He added that the Public Forum was really a lot less fun when Drix did not come. 3. CONSENT CALENDAR A. Approval of City Council Minutes - January 28, 2009, Work Session - April 13, 2009, City Council Meeting - May 11, 2009, City Council Meeting - May 12, 2009, Work Session and Executive Session - May 20, 2009, Work Session - May 27, 2009, Work Session B. Approval to Tentative Working Agenda C. Resolution 4985 Approving a Low-Income Rental Housing Property Tax Exemption for the Property Located at 560-588 South Danebo Street, Eugene, Oregon (Prairie View, LLC, Applicant) The Consent Calendar had been approved during the preceding Work Session with the exception of Item C. Councilor Zelenka, seconded by Councilor Clark, moved to approve Consent Calendar Item C, a resolution approving a low-income rental housing property tax exemption for the prop- erty located at 560-588 South Danebo Street, Eugene, Oregon (Prairie View LLC, Appli- cant). Mayor Piercy explained that the council had pulled the item because it was a “great project” and asked Urban Services Manager for the Community Development Division Richie Weinman to speak about it. Mr. Weinman agreed that Prairie View was a great project. He said it would provide 64 homes for people and was built on a land bank site, which meant it was purchased by the City of Eugene and held for a future MINUTES—Eugene City Council July 13, 2009 Page 2 Regular Meeting low-income housing project. He felt that the City Council had been visionary in its support for the land bank program. He said the City had acquired over 20 land bank sites over the years and, since 1989, the City had assisted in the creation of over 1,600 new homes for low-income households, most of which were on these sites. He stated that the land banking program was just the first step; it was all of the other financing pieces that made the housing affordable to low-income people. He related that for this project, the final critical and, therefore, the “most important step,” was the property tax exemption, which would lower the rents by about $100 per month. He stressed that this could be the difference between who could afford to live there and who could not or, if someone was already living there, it could be the difference between paying a mortgage and being able to afford food or shoes for a child as well. He noted that a majority of the councilors had attended the opening ceremony for the project a few weeks earlier and had seen “what a great project” it was. Mayor Piercy asked Mr. Weinman to elaborate on some of the additional elements included in the project. Mr. Weinman responded that Metro Affordable Housing had built the project. He noted that the other local low-income housing developers included St. Vincent DePaul, the Housing Community Service Agency, and NEDCO. He said all of the projects included elements beyond housing. He related that this project had one of the “coolest” playgrounds one could find, special housing units for people with some disabilities, some support systems, a homework club and some computers for everyone to use, and people who could provide training. He averred that some people just needed the housing, but others also needed a helping hand. He believed that the project would change family’s lives into the future. Roll call vote; the motion passed unanimously, 8:0. Mayor Piercy noted that Councilor Pryor had a motion he would like to place on the table and requested that he do so. Councilor Pryor said he wanted to put a motion before the council to bring back the resolution designating the Willamette Bicycle Bridge so that they could change the name to the Dave and Lynn Frohnmayer Bicycle Bridge, in recognition of their contribution to the City of Eugene. Councilor Pryor, seconded by Councilor Clark, moved to direct the City Manager to bring back a resolution that would designate the Willamette River bicycle bridge as the Dave and Lynn Frohnmayer Bicycle Bridge. Councilor Solomon ascertained that the bridge in question was the one that crossed the river from the Riverfront Research Park to Autzen Stadium. Roll call vote; the motion passed unanimously, 8:0. The meeting adjourned at 7:51 p.m. Respectfully submitted, Jon Ruiz City Manager (Recorded by Ruth Atcherson) MINUTES—Eugene City Council July 13, 2009 Page 3 Regular Meeting ATTACHMENT D M I N U T E S Eugene City Council Work Session McNutt Room – City Hall 777 Pearl Street—Eugene, Oregon October 28, 2009 12:00 p.m. COUNCILORS PRESENT: Chris Pryor, Mike Clark, George Poling, George Brown, Andrea Ortiz, Alan Zelenka, Betty Taylor, Jennifer Solomon Mayor Kitty Piercy called the meeting to order at 12:00 p.m. Eugene Police Department (EPD) Chief Pete Kerns briefed the council on a recent EPD incident during which a suspect had been tasered. Chief Kerns said after the incident the officer did exactly what was expected of him. The use of force was reported to the Chief through the chain of command. Chief Kerns noted he had spoken and shared details of the incident with City Manager Jon Ruiz, Mayor Piercy and Councilor Brown and that EPD Patrol Captain Rich Stronach had also conferred with Police Auditor Mark Gissiner. Chief Kerns noted that Mr. Gissiner had recently classified the tasering incident as an allegation of misconduct requiring an EPD Internal Affairs investigation, which subsequently prohibited Chief Kerns and all other EPD personnel from sharing any further details regarding the incident with the public. Chief Kerns noted that the EPD Internal Affairs investigation regarding the tasering incident would proceed through normal channels and that Mr. Gissiner would have the same level of investigative access as the EPD’s Internal Affairs personnel. Chief Kerns hoped that all relevant parties involved in the incident could be interviewed expediently and believed that the investigation might ideally be completed within the next 60 days. Chief Kerns noted that Mr. Gissiner and the City’s Civilian Review Board (CRB) would have adjudicative decisions to make regarding the investigation once it had been completed. Chief Kerns assured the council that the CRB would have exactly the same information made available to them as was made available to himself, and Mr. Gissiner. Chief Kerns recognized that the tasering incident would attract a great deal of public attention and believed that the EPD and the City had been much more transparent and forthright regarding the incident and subsequent administrative procedures than in other similar instances. Chief Kerns stated for the benefit of the council that he had the authority to initiate administrative investigations into use of force incidents and would be willing to do so if necessary. He further reported that the use of force administrative reviews did not restrict the release of information to the public in the same manner as EPD Internal Affairs investigations into allegations of misconduct. Chief Kerns noted that the EPD had learned from the recent tasering incident, the value of notifying certain members of the community so that appropriate levels of transparency and oversight could be maintained. Chief Kerns believed it was far better for himself, the EPD, the Eugene City Council, the media, and the community at-large when he could be as candid and forthcoming as possible regarding use-of- force incidents. MINUTES—Eugene City Council October 28, 2009 Page 1 Work Session Chief Kerns, responding to a question from Mr. Polling, noted that the restrictions on the release of information to the public, regarding Internal Affairs restrictions, were imposed at the state level. Chief Kerns, responding to a comment from Mr. Polling, confirmed that the Internal Affairs investigation regarding the incident had been prompted solely by the EPD and not by anyone involved in the incident or any members of the community. Chief Kerns further noted that the EPD had received no official public complaint regarding the incident. Mr. Poling commended Chief Kerns and the EPD for their efforts to proactively respond to the incident and to any associated public concerns regarding the incident. Mr. Poling believed that the EPD’s actions regarding the matter indicated that City’s police oversight policies and practices were working well. Chief Kerns, responding to a question from Mr. Zelenka, restated that the Internal Affairs investigation had been initiated by Mr. Gissiner. Mr. Zelenka asked Mr. Gissiner to explain the processes the CRB used to investigate allegations of misconduct. Mr. Gissiner believed, according to his cultural interpretation of the person involved in the tasering incident, it was unlikely this person would file a complaint of his own accord, for which reason Mr. Gissiner had initiated the investigation into the matter when in fact the suspect had not done so. He hoped that the EPD Internal Affairs investigation and the associated CRB process would be completed relatively quickly and that the community and City leaders would show patience and understanding in that regard. Mr. Zelenka again asked Mr. Gissiner to describe the processes the CRB used to investigate allegations of misconduct. Mr. Gissiner responded that the CRB was empowered to classify, on the recommendation of the Police Auditor, investigations of misconduct as community impact cases. He noted he was not sure if the community impact designation process, as it was currently being used, was the most efficient manner in which to address investigations of misconduct. Mr. Gissiner, responding to a question from Mr. Zelenka, noted that the CRB did not set police policies, but rather made recommendations to the Police Commission regarding the same. Ms. Taylor believed the City Council should set police policies rather than the City of Eugene Police Commission. Ms. Taylor asked why the investigations regarding the Ian Van Ornum tasering incident had taken so long to complete. Chief Kern responded that the Van Ornum investigation had been unusually prolonged due to the fact that criminal charges had been associated with the suspect in that case and the review policy in effect at that time had been to suspend any investigations of misconduct until all associated criminal charges with the incident had been resolved. Mr. Gissiner added that he and his colleagues were determined to complete the investigation into the most recent tasering incident as quickly as possible. Mr. Gissiner, responding to a question from Ms. Taylor, commented that the CRB was currently comprised of mostly new members and that Kate Wilkinson was the only founding member currently serving on that committee. Ms. Taylor maintained that the number of new members considerably weakened the CRB. Ms. Piercy appreciated Chief Kerns’ and Mr. Gissiner’s comments and thanked them for the opportunity to ask them questions and provide feedback. She requested that they prepare comments for release to the public reflecting the information and comments they had just offered. MINUTES—Eugene City Council October 28, 2009 Page 2 Work Session Mr. Zelenka commented that police oversight policies had been revised since the Ian Van Ornum incident to provide for investigations of misconduct concurrent to criminal charges and prosecutions. He further hoped that no criminal charges would be associated to the most recent tasering incident so that the Internal Affairs investigation process could proceed quickly and unrestricted. Mr. Gissiner said that the prosecutor in the Ian Van Ornum criminal case had been vocal in his opinion that any administrative investigations be postponed until the completion of all associated criminal charges. Mr. Zelenka commented it was up to the District Attorney to decide if criminal charges would be filed in a police matter. Chief Kerns corrected Mr. Zelenka and noted that it had been the Chief of Police’s decision, in consultation with the District Attorney, to file criminal charges in the Ian Van Ornum case. Mr. Clark noted he had been meeting regular with Mr. Gissiner to discuss public relations and other matters related to the police oversight responsibilities of his office. He maintained that the public had certain misperceptions regarding the CRB’s authority and disciplinary powers, and looked forward to greater clarification and public education efforts in that regard. Ms. Piercy thanked Mr. Gissiner and Chief Kerns for their comments. A. WORK SESSION: Eugene Comprehensive Lands Assessment (ECLA) Mr. Ruiz reminded the council that additional staff research had been requested regarding the various methodologies used in the ECLA process, as well as regarding the legal requirements of House Bill 3337. He further reported that specific dates for acceptance and adoption of the ECLA findings were also being considered. Mr. Ruiz commented that staff was proposing a motion to meet multiple objectives regarding the ECLA process. He noted that the staff motion had been endorsed by the Eugene Chamber of Commerce, the Homebuilders Association, Paul Conte, and other parties. He further noted the motion had been drafted to foster positive policy discussions regarding various land use issues in Eugene. Mr. Clark hoped the staff-recommended motion would allow the EcoNorthwest consulting group to continue assisting the City in refining ECLA data. Mr. Ruiz offered his assurances that EcoNorthwest would continue to be used in that regard and believed that Associate Planner Jason Dedrick and his colleagues would continue to work with EcoNorthwest throughout the process. Mr. Poling noted he had no serious concerns regarding the staff-recommended motion and complimented Mr. Clark for his diligence and leadership regarding the council’s review of the ECLA process. Mr. Zelenka hoped that any specific dates prescribed by the staff-recommended motion would be realistic and allow for a definitive completion timeframe for the ECLA process. Mr. Zelenka asked for clarification regarding the “approval of the draft ECLA Supply and Demand Estimate” listed in the recommended motion. Deputy City Attorney Emily Jerome answered that the motion, if passed, would enable staff to bring back a resolution to the council that would specifically set out that the council was not adopting the ECLA findings, but would instead be accepting the preliminary ECLA work product while it continued to refine the ECLA data through April of 2010. Responding to a question from Mr. Zelenka, Ms. Jerome believed the motion and subsequent resolution would satisfy the requirements of HB 3337. Ms. Jerome hoped that the council would, by April of 2010, have reached an agreement regarding how the various policy recommendations and strategies revealed by the ECLA data would be implemented. MINUTES—Eugene City Council October 28, 2009 Page 3 Work Session Ms. Jerome noted that the Homebuilders Association which had co-sponsored HB 3337 had also endorsed the staff-recommended motion. Mr. Zelenka believed more immediate investigations were necessary regarding various elements of the analyses involved in the ECLA process and hoped that such issues might be resolved before the council adopted the ECLA findings or implemented any policies recommended therein. Ms. Piercy commented that, in her conversations with various homebuilders and community members, she had recognized significant concern regarding the ECLA data and how it might be applied toward any future land use policy decisions. She appreciated the divergent viewpoints that had been brought to the discussions by various members of the community and hoped that the council might reach a consensus regarding the matter so that they could move forward. Ms. Taylor stated she would not support the staff-recommended motion so long as it contained the word “approval” as she believed such language might be misinterpreted as a tacit approval of the recommendations from the ECLA process. Ms. Piercy clarified for Ms. Taylor that the recommended motion did not say that the council would express approval of any ECLA policy recommendations, but provided for further information regarding the ECLA process to be brought before the council in December. Ms. Taylor asked why the council needed to pass a motion regarding the ECLA process. Mr. Ruiz said that staff had written the motion in response to requests from a variety of parties for more time to review the various ECLA methodologies and to determine a date-certain for the council to definitively adopt the findings of the ECLA process. Mr. Clark reminded Ms. Taylor that in a previous work session, the council had approved a motion for staff to return with a timeline for adoption of the ECLA findings. He noted that the staff-recommended motion under discussion would provide for such a timeline. Mr. Clark believed the timelines prescribed in the staff -recommended motion represented an acceptable compromise regarding the adoption of the ECLA findings. Mr. Clark hoped the council would have the opportunity before their winter break to review and respond to the questions and comments made to staff by the Citizen Advisory Committee before the council initiated the broader public process of refining the ECLA data. Mr. Ruiz responded that there would be one or two more council work sessions regarding the ECLA process before the winter break. Ms. Piercy recognized the prevalent belief that people wanted more time to review certain aspects of the ECLA process. Mr. Ruiz noted that neighborhood representative Paul Conte had reviewed the language of the staff- recommended motion and had offered his endorsement. Mr. Brown noted his support of the staff-recommended motion but suggested if it might be helpful to change any instances of the word “approval” in the motion to “acceptance.” Mr. Zelenka agreed with Mr. Brown’s suggestion and felt that it might lead to a greater consensus regarding the matter. Ms. Jerome noted she had conferred with City Attorney Glen Kleine regarding the language of the staff- recommended motion and believed that it could be revised according to Mr. Brown’s suggestion. MINUTES—Eugene City Council October 28, 2009 Page 4 Work Session The council members and staff briefly discussed various potential revisions to the language of the staff- recommended motion regarding the ECLA process. Mr. Zelenka envisioned a process similar to the West Eugene Parkway (WEP) review process for any future policy discussions regarding the ECLA process before April of 2010. Mr. Ruiz noted he had not been involved in the WEP process but hoped that whatever review process was employed would lead to robust conversations and a strong consensus on any land use policies or strategies affected by ECLA. Ms. Jerome, responding to a comment from Mr. Pryor, hoped that the council would agree that the staff - recommended motion prescribed a complete document from which to proceed with additional elements of the ECLA process, and which would also satisfy the December 31, 2009, deadline listed in HB 3337. Mr. Pryor concurred with Ms. Jerome’s assessment and hoped that any additional time used to review the ECLA methodologies would be used constructively. Ms. Taylor believed the current ECLA figures for redevelopment, and other land use issues, did not have a solid foundation and believed that revisions to the language of the staff-recommended motion were necessary to prevent inappropriate adoption of any elements of the ECLA process. Ms. Piercy reiterated that, as presented, the staff-recommended motion did yet not call for the adoption of any specific land use policies, but rather provided for additional time for staff and the council to review certain outstanding issues related to the ECLA process. Mr. Clark suggested that the language “present the City Council for their consideration” be added to the staff- recommended motion so that it might accommodate Ms. Taylor’s concerns. Mr. Clark hoped that the current refinement process surrounding the ECLA process would be viewed as an effort to create a strong consensus regarding local land use issues. Mr. Zelenka briefly reviewed various language revisions which had been discussed by staff and the council. Mr. Zelenka, seconded by Mr. Clark, moved to direct the City Manager to present to the City Council for their consideration, a proposed resolution in December 2009, that expresses: 1) the City Council’s acceptance of the draft ECLA Supply and Demand Estimates; and 2) the City Council’s commitment to conclude its review of the ECLA Supply and Demand Estimates for final approval in April 2010, and take the necessary actions for the City Council to adopt a Eugene Urban Growth Boundary by the end of February 2011. The motion passed unanimously, 8:0. Mr. Dedrick introduced EcoNorthwest Lead Consultant Terry Moore and noted that he would be available for questions after his presentation. Mr. Dedrick presented an update on the ECLA process and noted that while some data had been finalized, other data elements needed further refinement. He proceeded to outline a variety of ECLA product and project components for the benefit of the council. He further noted he would also be detailing elements of the Capacity Analysis involved in the ECLA study. Mr. Dedrick noted staff was currently scheduled to present additional data to the ouncil regarding the ECLA process at their November 9, 2009, work session meeting. Mr. Dedrick presented various Residential Capacity Analysis statistics for the benefit of the council. MINUTES—Eugene City Council October 28, 2009 Page 5 Work Session Mr. Dedrick described elements of the Baseline Analysis Variations table included in the council’s agenda item summary materials and further detailed in the Variations section of Mr. Dedrick’s presentation. Mr. Clark thanked Mr. Dedrick for his presentation and for the volume of work undertaken by both the City staff and EcoNorthwest consulting group. Mr. Dedrick, responding to a question from Mr. Clark, stated that the 34,500 acres listed as the total area under consideration in the ECLA process, not only described City property, but also represented the total acreage within the UGB. Mr. Clark believed that the practical applications of the second and third baseline variations as described in Mr. Dedrick's presentation severely impacted the Jefferson-Westside area. He further suggested that the second and third baseline variations might ultimately provide for the wholesale annexation of the River Road and Santa Clara areas. Mr. Moore responded that the exact nature of how density would be affected in those areas had yet to be determined. Mr. Clark emphasized the importance of protecting heritage neighborhoods such as the Jefferson-Westside area and hoped that the baseline assumptions would take such matters into consideration. Mr. Clark further opined that his constituents would not favor the levels of density and potential annexations described in the second and third baseline variations. Mr. Pryor appreciated the flexibility the policy provided by the baseline variations and believed that concurrent discussions of land use policies and the baseline variations would benefit the community. Mr. Moore responded to Mr. Pryor's comment and noted that the baseline variations related to the ECLA process could be justified based on assumptions the council made with respect to changes in market conditions and other factors. Ms. Piercy noted that Paul Conte and other representatives from the Jefferson-Westside area had actively demonstrated where they believed increased density could occur. Ms. Solomon thanked Mr. Dedrick for the information provided in his presentation materials. Mr. Zelenka asked how the baseline variations related to the ECLA process would be applied to the ECLA findings that the council was expected to review in December. Mr. Dedrick said that the baseline variations represented a point-of-departure for discussions on how the City's land needs might be effectively addressed. Mr. Dedrick, responding to a question from Mr. Zelenka, confirmed that the baseline variations the council accepted in April of 2010, might ultimately be somewhat different from those that they reviewed in December of 2009. Mr. Dedrick, responding to a question from Ms. Ortiz, noted that any development planned for the River Road and Santa Clara areas could easily be built into the baseline variations. Ms. Ortiz hoped that the baseline variations and other elements of the ECLA process might be used to demonstrate to the community how and where positive increased density might occur. Ms. Piercy agreed with Mr. Ortiz's comments and believed that the ECLA process should ultimately be used to determine the types of development that people wanted, rather than what they did not want. Mr. Clark warned against including non-incorporated land as potentially buildable, particularly with respect to the River Road and Santa Clara areas. MINUTES—Eugene City Council October 28, 2009 Page 6 Work Session Mr. Clark asked Mr. Dedrick if he could provide precise figures on the amount of acreage in the River Road/Santa Clara areas inside the UGB that was not City property. Mr. Dedrick responded that he would be able to provide that information. Ms. Piercy thanked Mr. Dedrick and Mr. Moore for their presentations. Ms. Piercy adjourned the meeting at 1:30 p.m. Respectfully submitted, Jon Ruiz City Manager (Recorded by Wade Hicks) MINUTES—Eugene City Council October 28, 2009 Page 7 Work Session ATTACHMENT E M I N U T E S Eugene City Council City Council Chamber—City Hall—777 Pearl Street Eugene, Oregon November 9, 2009 7:30 p.m. COUNCILORS PRESENT: Alan Zelenka, Mike Clark, George Brown, Andrea Ortiz, George Poling, Chris Pryor, Jennifer Solomon. COUNCILORS ABSENT: Betty Taylor. Her Honor Mayor Kitty Piercy called the meeting of the Eugene City Council to order. 1. PUBLIC FORUM Mayor Piercy reviewed procedures for providing comments. th Dennis Gabrielson, South 10 Street, Creswell, speaking as a City of Eugene employee, clarified for the Budget Committee that many employees were opposed to the mandatory furlough and it was causing productivity and morale issues. He questioned why a new manager position at the library had been created if the City was in such dire financial straits and why programs such as the Sister City were being continued. He said pet projects should be cut along with employees’ wages. In response to a question raised at the Budget Committee meeting, he said that vesting changed from 10 years to five years in 1986. He hoped the union won its grievance against the City for the maximum amount. Alison Gregory , Eugene, introduced Cub Scout Pack 402, members of which were attending the council meeting to learn about their duties as citizens. She said the pack also took part in a national community service project the previous weekend and collected food for local food banks. th Mike McCallum , Garfield Street, Eugene, said he lived within a mile of Amazon Creek near 18 Avenue and Chambers Street and was opposed to a proposed route for EmX along Amazon Creek. He said the area was heavily used by the neighborhood and the cost of changing that use would be significant. The scale of the EmX bus was huge compared to a pedestrian. He noted that not all trips and public transportation were destined for downtown Eugene and most people did not work there. He suggested routing the EmX Westside system from Broadway and Garfield Street into the core of Eugene and using that location as a hub to connect to other transportation. He said that would retain the Amazon Creek corridor, and some day the value of that waterfront property would be recognized. He hoped the Amazon Creek route would be taken out of consideration in the planning process. Branden Rishel , Garfield Place, Eugene, spoke in support of car-sharing. He had recently moved from Victoria, B.C., where a similar arrangement was in place with local municipalities. He said there were seven car-sharing agreements in place and each car served about 40 members, and surveys indicated that about half of the members decided to stop owning a car or purchase a car because of the car-share program. He said that car-sharing benefited developers, neighborhoods and the surrounding community. MINUTES—Eugene City Council November 9, 2009 Page 1 th Eugene Drix , East 14 Avenue, Eugene, expressed gratitude in recognition of Thanksgiving for his neighborhood and a recent clean-up project, and to the City Council members for their service and thoughtful development in the neighborhoods close to the University of Oregon. He also spoke in recognition of Veteran’s Day and thanked all those who had served the country. th Mona Rummel , East 13 Avenue, Eugene, stated that she owned a business in the West University area and was concerned about parking. She said that most of the houses in the district were old single-family dwellings originally built with limited parking. As they were replaced by multi-family developments of much greater density, parking problems increased. She said her clients frequently were unable to find parking near her business because of student parking. She asked that the council require adequate parking for multi-family developments. James Lewandoski , Arthur Street, Eugene, Ward 1, urged the council to reject the EmX Amazon Creek alignment. He felt that alignment would not improve West Eugene traffic congestion and operating an EmX vehicle along the bike path would destroy enjoyment of the path. He said the neighborhood was very quiet with many children playing on the street and it appeared that the route would go within ten feet of some apartment complexes. Jozef Siekiel-Zdzienicki , Taylor Street, Eugene, spoke to infill compatibility standards for the Jefferson- Westside neighborhood. He reminded the council of an earlier initiative that established similar standards for a 14-block zone near Chambers Street. He said a 780 square-foot two-bedroom zone was recently built within that zone that fit the standards and everyone one was pleased. He hoped to see standards established for the Jefferson-Westside neighborhood. Carol Berg-Caldwell , Augusta Street, Eugene, gave credit to many, including students and police officers, for the lack of problems over Halloween weekend. She also thanked Mayor Piercy and Police Chief Pete Kerns and others who visited campus area houses to talk to students. She observed activities on the street and commended police for their courtesy and non-confrontational style. She encouraged others to participate in the grassroots community watch project and thanked councilors for their service. Christa Knittle , Garfield Street, Eugene, spoke in opposition to an EmX route along Amazon Creek, but thth favored an alignment along 6 and 7 avenues. She said Amazon Creek was a valuable green space in the neighborhood that was enjoyed by people throughout the City and peaceful places like the Fern Ridge bike path should be preserved. She said the wetlands and floodplain also made it an inappropriate location for an EmX route. Dean Hansen , Powderhorn Street, Eugene, urged the council to approve the multi-unit property tax exemption (MUPTE) application on the agenda for action. He and his partner appreciated the opportunity to build a sustainable project in the campus area. He said the project would add trees to the area and neighbors were very pleased with the architectural features. He said the project was unanimously supported by the neighborhood association and pointed out that the house currently on the site would be recycled to another location in the Whiteaker neighborhood after hazardous materials were eliminated. He recognized that the application did not achieve the necessary number of points, but that was because of a technicality that would be explained by the next speaker. Gordon Anslow , Paddock Drive, Eugene, asked the council to support the MUPTE application for the Sequoia project. He and his partner understood issues that were important to the neighborhood and had seen an opportunity to create a project midway between downtown and the University that would demonstrate principles important to neighbors while still creating an economically viable project with some assistance MINUTES—Eugene City Council November 9, 2009 Page 2 from MUPTE. He noted letters in the agenda packet from the West University Neighbors stating support for the project and stressing the need for added parking in the neighborhood. Mr. Anslow explained that the project had not achieved the necessary MUPTE points because it was unable to meet the requirement to conduct a successful campaign to poll all owners, residents and commercial tenants of properties on the block-face occupied by the project and obtain a majority vote in favor of enrolling the block in the residential parking program (RPP), which would have provided an additional 60 points. He and his partner were willing to sign an irrevocable petition binding the property in favor of inclusion in the RPP, but since the block was not technically already enrolled in the RPP, no points could be claimed. He pointed out that the project received no credit for providing twice the required parking and could be increased to a 12-plex from and 8-plex; that would gain sufficient points to meet the MUPTE minimum requirement, but he preferred to retain the balanced neighborhood mix reflected in the current project design. He hoped the council would take into consideration the technical nature of the lack of points and approve the MUPTE application. th Lisa Anderson , Arthur Street, Eugene, stated that she was a long-time business owner at 17 Avenue and Arthur Street. She noted that Eugene had recently been designated as a gold level community by the League of American Bicyclists. She was opposed to routing an EmX bus along the Amazon Creek/Fern Ridge bike path and urged that the option not be considered because it was not friendly to the environment, pedestrians or bicyclists. She invited councilors and City staff to walk that section of the bike path with her. Kenn Glenn , Arthur Street, Eugene, spoke in opposition to an EmX route along Amazon Creek and urged the council to eliminate that option. He had lived in the neighborhood for many years and moved there because of proximity to the bike bath. He said the proposed EmX route would go within ten feet of a low- income housing development and was concerned that the voices of those residents were not being heard. He supported public transportation, but preferred other alignment options. th Amy Shoulders , West 13 Avenue, Eugene, spoke in opposition to an EmX route along Amazon Creek. She said children played in the neighborhood and along the bike path without fear of traffic. She said residents had already decided to prohibit motorized vehicles on bike paths. She identified the many species of animals and birds that lived along the creek and which would be driven from the area if it was a bus route. She said the density of the neighborhood made the bike path and green space especially important for residents. She urged the council to consider other options for EmX. th Mary Weatherhead , West 13 Avenue, Eugene, spoke in opposition to an EmX route along Amazon Creek. She said the bike path was an integral part of the neighborhood and contributed to the well-being of residents and routing a bus along it would destroy the neighborhood character. Diego Hernandez , Hilyard Street, Eugene, University of Oregon student, supported the Dream Act. He said many undocumented students who had lived in the United States most of their lives faced barriers to higher education. He hoped the council would pass a resolution supporting the Dream Act, as other communities had done. He distributed a fact sheet and invited councilors to a viewing of “Papers: The Movie,” a documentary presenting the issue from students’ perspectives. Kevin Matthews , Eugene, president of Friends of Eugene, said the organization did considerable work to support intelligent, accurate planning and he was pleased with the number of people who had spoken on the subject of an EmX bus route along Amazon Creek. He said Amazon Creek was a restoration corridor, not a transportation corridor. He said Friends of Eugene had given Lane Transit District information and asked that the Amazon Creek route be eliminated from consideration. He said City staff had made a code ruling in MINUTES—Eugene City Council November 9, 2009 Page 3 an attempt to enable motorized transportation along Amazon Creek and that was being appealed by a land owner. He noted that some of the actions before the council were environmental decisions, but felt that City staff had not highlighted those or provided environmental findings to inform decisions. Jairo Casteneda , Hilyard Street, Eugene, a University of Oregon student, spoke on behalf of the Dream Act and asked the council to support the initiative. He worked with Latino youth interested in pursuing higher education and often encountered problems with undocumented students. He urged the council to begin a dialogue and explore the issue. Jack Radey , Garfield Street, Eugene, also opposed a bus route along Amazon Creek. He was disappointed that the council had not reappointed Rick Brissenden to the Civilian Review Board (CRB). He described a recent CRB meeting at which he felt some members were unwilling to do their jobs and agreed that police could use force when threatened. He said only Mr. Brissenden and one other member disagreed with the Police Chief’s decision regarding a Taser incident. He said the community’s desire for police oversight was being undermined and sabotaged and abandoned by some members of the council. Kathleen Piper , Garfield Street, Eugene, said that she frequently walked along the Fern Ridge bike path and it was a civic treasure. She urged the council to oppose a bus route along Amazon Creek. Mayor Piercy closed the public forum and thanked those who spoke. She called for comments from the council. Councilor Ortiz thanked those who spoke and encouraged the public to examine the options being proposed for EmX. She expressed her gratitude to the veterans who served their country. Councilor Clark also thanked veterans and commended the Cub Scouts for their interest in community activities. Councilor Zelenka thanked those who spoke and said one of the best ways to assure an EmX route that was acceptable to the community was to stay involved in the conversation about alternatives. He thanked the Eugene Police Department, the University and students for a safe and quiet Halloween. Councilor Poling thanked veterans who had served the country and wished the United States Marine Corps a happy birthday. He stressed that the council had directed Lane Transit District to study every option available for an EmX route in West Eugene and present the information to the governing bodies for a decision. He encouraged people to put their energy into working with LTD to find the best alternative. He echoed Councilor Zelenka’s comments regarding a safe Halloween and particularly recognized the cooperation of students. Councilor Solomon thanked the Cub Scouts for attending the meeting and noted that her sons were also Cub Scouts and she was a den leader this year. Councilor Clark thanked Ms. Berg-Caldwell for being willing to acknowledge the positive efforts of the police department. City Manager Jon Ruiz clarified that that the position at the library resulted from the reclassification of two vacant positions; it was not a new position. 2. CONSENT CALENDAR MINUTES—Eugene City Council November 9, 2009 Page 4 A. Approval of City Council Minutes of July 27, 2009, Work Session; August 10, 2009, Work Session; August 10, 2009, City Council Meeting; September 14, 2009, City Council Meeting. B. Approval of Tentative Working Agenda. Mayor Piercy announced that action on this item was taken at the work session preceding the regular meeting. 3. ACTION: Resolution 4990 Denying a Multiple-Unit Property Tax Exemption for Residential Property Located at 1367 High Street (Pearl on Campus LLC). Mr. Ruiz provided a brief overview of the item. Councilor Zelenka, seconded by Councilor Clark, moved to adopt Resolution 4990 denying a multiple-unit property tax exemption (MUPTE) for residential property located at 1367 High Street (Pearl on Campus). Councilor Clark, seconded by Councilor Poling, moved to substitute “approving” for “denying.” Councilor Brown stated that he would vote to deny the MUPTE. He had approved an earlier MUPTE application because it achieved the necessary number of points and was supported by the neighborhood, fulfilling both requirements. He said the subject application was only halfway there; if it could not meet all of the technicalities, a property should not receive a 10-year property tax exemption. Councilor Pryor agreed that from one perspective the application did not earn all of the points, but in terms of the actual facility, the project earned the necessary points; the remaining 60 points were not available because the project was not part of the residential parking program. He felt it was a good project and noted the developers were willing to sign a binding agreement to fulfill parking program requirements. He said the project would result in $25,000 coming back onto the tax rolls and the council had approved MUPTEs for the developers in the past. He said the developers’ projects complimented the area, as was demonstrated by the neighborhood association’s unanimous endorsement. Councilor Ortiz recognized the role of MUPTEs in helping achieve density in certain neighborhoods, but she could not support the application because it failed to achieve the necessary points when other applications approved by the council had met that standard. Councilor Zelenka stated he would not be able to support the MUPTE application as it failed to meet the public benefit test. He said there were many ways to achieve 100 points and the technical issue identified by the developers was not the only path. Councilor Clark said he amended the motion because the developers had agreed to be part of the residential parking program and had also acknowledged that other decisions could have resulted in additional points, but those options worked against the goals of the neighborhood. He said the choices made for the project were more compatible with the neighborhood and consistent with many of the infill compatibility standards being considered by the council. MINUTES—Eugene City Council November 9, 2009 Page 5 Councilor Brown agreed there were other options for achieving 100 points, but pointed out the developers did not choose them and the project’s points were below the minimum required. He questioned why standards were established if they were relaxed in certain situations. He cautioned against making exceptions for technicalities. He suggested delaying a vote and allowing the developers to resubmit their application once they were able to achieve 100 points. Councilor Zelenka agreed with Councilor Brown that the developers could resubmit their application when it met the requirements. He said there was no point in having standards if they were not enforced. The motion to amend passed, 4:3; Councilor Brown, Councilor Zelenka and Councilor Ortiz voting no. The amended motion passed, 4:3; Councilor Brown, Councilor Zelenka and Councilor Ortiz voting no. 4. ACTION: Adoption of an Ordinance Concerning Time Extensions for Approved Developments; and Providing an Effective Date (City File CA 09-5). Councilor Zelenka, seconded by Councilor Clark, moved to adopt Council Bill #5011 concerning time extensions for approved developments. Mr. Ruiz provided a brief overview of the item. Councilor Zelenka asked the rationale for extending the time for three years instead of two. Gabe Flock, Planning and Development Department, explained that the ordinance was originally drafted to allow a two-year time extension based on state legislation. The Planning Commission, after receiving testimony on the item, chose to extend the time extension for approved land use applications to three years. He said a similar ordinance in Portland granted a three and one-half-year extension and ordinances in other jurisdictions made permanent changes to their processing criteria that went beyond what staff considered the scope of the council’s direction. Councilor Zelenka, seconded by Councilor Brown, moved to amend the ordinance to provide a two-year extension. Councilor Ortiz stated she could not support the amendment as she felt the three-year period was appropriate. She asked how many applications would be affected by the ordinance and whether any had expired to-date. Mr. Flock replied that there were 130 land use approvals that would be granted the extension. There had been a handful of applications that expired over the last year for a variety of reasons and staff was working with those applicants to consider the options available to them. The motion to amend failed 5:2; Councilor Zelenka and Councilor Brown voting yes. The main motion passed, 6:1; Councilor Brown voting no. 5. ACTION: Adoption of an Ordinance Amending the Eugene-Springfield Metropolitan Area General Plan Land Use diagram; Amending the Willakenzie Area Plan Pursuant to Section 9.7750(4) of the Eugene Code, 1971; Adopting a Severability Clause; and Providing an Effective Date; MINUTES—Eugene City Council November 9, 2009 Page 6 Returning the “River Ridge” Site to the Low Density Residential Designation (River Ridge, Eugene File MA 09-3 and Lane County File PA09-5465). Mayor Piercy conveyed a request from Councilor Taylor to postpone action on the item. Councilor Pryor remarked that he was supportive of a request to delay when it was reasonable to do so, but felt the first option should be for a councilor to participate by telephone instead of asking for a delay in the City’s business. He noted that many councilors had participated by telephone over the years and he understood there was no scheduling conflict that prevented Councilor Taylor from doing so. Councilor Poling agreed with Councilor Pryor. He noted that the agenda item was one he had brought to the attention of staff frequently over the past several years. He said the zone change had been done without the knowledge or consent of the property owner, and correcting it should not be delayed any further. Councilor Zelenka encouraged councilors to honor the tradition of acceding to a request to postpone action. Councilor Poling pointed out there had been numerous times with the previous council when his requests to delay action had been denied. Councilor Ortiz stated that she was willing to take action on the item and encouraged councilors to maintain a respectful environment. Councilor Zelenka, seconded by Councilor Clark, moved to reject a portion of the testimony submitted by Anne Simas (Attachment C.4), specifically, reject the last paragraph on page 2 of that testimony and the table on page 3 of that testimony, labeled “Informal Traffic Survey of North Delta Highway at Ayres Road.” The motion passed 6:1; Councilor Brown voting no. Councilor Zelenka, seconded by Councilor Clark, moved that the City Council adopt Council Bill #5016, an ordinance amending the Eugene-Springfield Metropolitan Area General Plan Land Use Diagram; amending the Willakenzie Area Plan; and returning the “River Ridge” site to the low density residential designation. Councilor Zelenka stated he would support the motion because the initial process resulting in a zone change was flawed. He agreed the site was sensitive and whatever development might occur in the future should be carefully examined and require a traffic impact analysis (TIA). Councilor Brown stated he would support Ordinance B, which required the applicant to conduct a TIA that demonstrated consistency with the Transportation Planning Rule prior to approval of any land division or site review application for the property. The motion passed, 6:1; Councilor Brown voting no. 6. ACTION: Adoption of an Ordinance Amending the Eugene-Springfield Metropolitan Area Transportation Plan (TransPlan) to Move Projects Nos. 333 and 506 from the Future Roadway Projects List to the Financially Constrained Roadway Projects List, to Update the MINUTES—Eugene City Council November 9, 2009 Page 7 Project Descriptions for Project Nos. 333 and 506 and to Make Related Amendments to the Eugene-Springfield Metropolitan Area General Plan. Mr. Ruiz provided a brief overview of the item. Councilor Zelenka, seconded by Councilor Clark, moved that the City Council adopt Council Bill #5010 amending the Eugene-Springfield Metropolitan Area Transportation Plan and make related amendments to the Eugene-Springfield Metropolitan Area General Plan. Councilor Zelenka stated there were two projects in the resolution: Project 506, which was the North th Eugene Transportation Improvements, and Project 333, which was widening of West 11 Avenue from Terry Street to Greenhill Road. He did not support Project 333 because it was inconsistent with the West Eugene Collaborative (WEC) recommendations and moving it to the financially constrained list would make it available for funding. Councilor Zelenka, seconded by Councilor Brown, moved to amend the main motion to place Project 506 (North Eugene Transportation Improvements) on the th “Financially Constrained” list but to leave Project 333 (West 11 Avenue) on the “Future” list by: 1. Removing from page 2 of Exhibit A – the row that would place Project No. 333 on “Table 1a – Financially Constrained;” 2. Reinserting on page 4 of Exhibit A – the row from the current TransPlan that pertains to Project No. 333, showing that project on “Table 1b - Future (Beyond 20 Years)” under the “Arterial Capacity Improvements” subcategory; 3. Revising the ordinance title to delete the reference to Project No. 333. Councilor Clark asked if the amendment would affect the status of Project 506 as the City’s highest transportation priority. Transportation Planning Manager Rob Inerfeld, said there would be no negative impact on Project 506. Councilor Clark asked if the WEC recommendations placed a greater burden on the City to fund build-out in that area, and if the amendment would hamper the City’s ability to partner with the Oregon Department of Transportation (ODOT) and other agencies to build the WEC-recommended improvements. Mr. Inerfeld replied that a majority of the WEC recommendations were not related to ODOT facilities. He said that traditionally ODOT had invested most of its resources in state facilities. He said the WEC’s recommendations represented a menu of choices that fit together as part of a vision and was not necessarily one package that ODOT would be asked to support. Councilor Brown stated he would support the amendment to separate the projects. He regarded Project 506 as a top transportation priority, but Project 333 as premature at this time. He saw no compelling reason for th widening West 11 Avenue. Councilor Ortiz did not support the amendment and did not consider Project 333 premature. She said that th section of West 11 Avenue was dangerous, particularly in winter months, and it was within the urban growth boundary and important for future development in the area. She preferred to move Project 333 on to the Financially Constrained list. MINUTES—Eugene City Council November 9, 2009 Page 8 Councilor Pryor recalled that Project 333 was not part of the core WEC recommendations, but it was part of the larger WEC vision extending to Veneta. He asked for clarification of the difference between Financially Constrained and Future lists. Mr. Inerfeld said from a transportation planning perspective the Financially Constrained list meant there was a greater likelihood that funding for the facility planning work would be available; from a development perspective a project on the Financially Constrained list was seen as likely to be built within a 20-year time horizon and could be relied upon when putting forth a development project. Councilor Pryor commented that the project was another link in a route to the airport. He asked if there was another project that would be moved to the Financially Constrained list in place of Project 333. Mr. Inerfeld said no other project had been identified for that list. Councilor Pryor said he had no objection to moving Project 333 to the Financially Constrained list. Councilor Zelenka reiterated his full support for Project 506. He pointed out that Project 333 was a $20 million project and he felt that would impact the City’s ability to implement WEC recommendations because of the shortage of transportation funding. He said the council had not discussed top transportation improvement priorities so it was uncertain what the next project would be. Councilor Solomon remarked that the council had discussed transportation priorities. She suggested moving the Highway 99 project from Roosevelt Boulevard to Garfield Street, at a cost of $5 million, to the Financially Constrained list instead of Project 333. She asked if moving the Highway 99 project to the Financially Constrained list would improve the City’s prospects for constructing it. Mr. Inerfeld said the project did not require a facility plan as ODOT had designed it to upgrade Highway 99. He said staff was currently working to fund that project through state grants. He said when the transportation system plan (TSP) was updated the Highway 99 project would be moved to the Financially Constrained list. The motion to amend failed, 5:2; Councilor Zelenka and Councilor Brown voting yes. The main motion passed, 5:2; Councilor Zelenka and Councilor Brown voting no. 7. ACTION: Adoption of an Ordinance Concerning Citation Authority of University of Oregon Department of Public Safety and Amending Section 4.035 of the Eugene Code, 1971. Mr. Ruiz provided a brief overview of the item. Councilor Zelenka, seconded by Councilor Clark, moved that the City Council adopt Council Bill #5012 concerning citation authority of University of Oregon Department of Public Safety. Councilor Zelenka noted that the ordinance only applied to enforcement authority on University of Oregon property, but was hoping that University public safety officers would be able to deal with noise issues that occurred off-campus. City Attorney Emily Jerome was not certain the City could jurisdictionally delegate that authority beyond University property, but she would research the issue. University of Oregon Director of Public Safety Doug Tripp, stated that the jurisdictional authority of University public safety officers, by state statute, did not extend beyond the boundaries of University of Oregon property. MINUTES—Eugene City Council November 9, 2009 Page 9 Councilor Clark asked if complaints against a University public safety officer would be handled by the University, rather than the City’s police auditor’s office. Police Chief Pete Kerns said that was correct. When the police auditor’s office received complaints about employees of other police agencies, those were forwarded to the appropriate agency. Mayor Piercy commended the arrangement as it would provide better public safety coverage. She also commended the University for being proactive and reaching out to students regarding noise problems. Councilor Zelenka expressed his appreciation for the University’s collaboration and willingness to address student conduct issues raised by neighbors around the campus area. The motion passed, 7:0. Respectfully submitted, Jon Ruiz City Manager (Recorded by Lynn Taylor) MINUTES—Eugene City Council November 9, 2009 Page 10 ATTACHMENT F M I N U T E S Eugene City Council Regular Meeting Council Chamber—Eugene City Hall 777 Pearl Street—Eugene, Oregon November 23, 2009 7:30 p.m. COUNCILORS PRESENT: Chris Pryor, George Brown, Andrea Ortiz, George Poling, Mike Clark, Betty Taylor, Jennifer Solomon, Alan Zelenka. Her Honor Mayor Kitty Piercy called the meeting of the Eugene City Council to order. She wished everyone a happy Thanksgiving. 1. PUBLIC FORUM Mayor Piercy reviewed the rules of the Public Forum. Pauline Hutson , 1025 Taylor Street, noted that she was also speaking on behalf of Josef Siekiel-Zdzienicki and the Residents for Responsible Rapid Transit (3RT). She supported the suggested EmX Bus Rapid Transit (BRT) route ththth that would go along the 6/7 Avenue/7 Place corridor. She believed it would cost the least amount in easement costs and would facilitate the future development of a spur to Highway 99 or to the River Road area. She thought a spur along Highway 99 North could also go out to the airport, where there was no bus service. She believed a non- dedicated lane would be less disruptive to residences due to less construction. She thought some signal intersections thth could have bus stops. She related that the 3RT survey of residential addresses in the 6/7 Avenue environs, thth indicated that there were 197 residential units on 6 and 7 Avenues from Olive Street to Garfield Street, 274 thth residential units on cross streets within one block of 6 and 7 Avenues, and 200 motel units. She opined that the goal of the Lane Transit District (LTD) to promote economic development along the BRT routes and the City’s Multiple Unit Property Tax Exemption (MUPTE) ordinance coincided. She related that a 2003 survey conducted by the Whiteaker Community Council had found that the neighborhood had a high rate of transportation-disadvantaged persons residing there. She noted that this was a federal transportation term defined to mean people who were either low-income, disabled, senior citizens, mass transit dependent, and/or too young to drive. She felt the BRT system would benefit them the most. th Riley West , 434 Brookside Drive, owned a store on West 11 Avenue called Riley’s Furniture. He had lived in ththth Eugene for 32 years. He was against development of an EmX route on West 11 Avenue. He said the 6/7 Avenue alignment made sense to him. He felt that it could easily go out to Seneca Street, or out to the River Road area or the Highway 99 North area from Chambers Street. He related that when he picked up people at the airport he took them on a scenic route and avoided Highway 99 because it was unsightly and he did not want it to be their first impression of Eugene. He thought development of the EmX route would beautify the highway. In closing, he commended the councilors for their hard work. Bob Rees , P.O. Box 1196, Tillamook, thanked the council for listening to public comments. He explained that he was a licensed charter boat operator and fishing guide on the north Oregon coast. He was also co-author of two of the four sites on the Oregon coast that had moved forward for consideration as marine reserves. He noted that the process had been long and arduous. He found it refreshing that the inland communities took an interest in the ocean conservation issues. He averred that the ocean resources belonged to all Oregonians. He said as a professional fisherman who spent approximately 150 days on the water annually, conservation played a large role in his long-term MINUTES—Eugene City Council November 23, 2009 Page 1 Regular Meeting business plan. He stated that an established network of marine reserves would allow them to understand the impacts humans had on marine ecosystems and how to protect the economic, social, and ecological benefits that the resources should provide for years to come. He said they were at a key crossroads because the Department of Fish and Wildlife was selecting advisory members for the remaining four near-shore sites that were forwarded for further review to be implemented as marine reserves. He averred that this key commitment by the state agencies assured that fishermen like himself were seated at the table working in collaboration to ensure they were moving forward with an ecologically significant designation without causing significant economic harm to the communities that depend on these resources. He hoped that the City of Eugene would join other communities such as Cannon Beach, Yachats, and Lane County in declaring public support for the collaborative process and to embrace the nearly unanimous support that House Bill (HB) 3013 received in the State Legislature. th Dennis Gabrielson , 360 South 10 Street, Creswell, had wanted to rebut City Manager Jon Ruiz’ assertion, made at the meeting held two weeks earlier, that a $250,000 savings had been achieved at the library. He was not going to dispute his figures, but he still believed that the $100,000 job that was being posted externally could have been avoided. He believed that all Mr. Ruiz had to do would be to appoint another exempt employee to fill that position until they knew the position would be needed. Guadalupe Quinn , 3820 Greenwood Street, asked the council’s support for forwarding a resolution in support of federal legislation called the Dream Act. She explained that the legislation would create an opportunity for undocumented immigrants to be able to continue their education and, with some criteria, to adjust their status. She said they were asking the council to join hundreds of other organizations that have signed on for this. She understood that immigration was a hot issue in this country and this community, but she wanted the councilors to consider the request for support of the Dream Act as a way to invest in the future of the country’s young people. She underscored that the people that this would help were people who had only known this country and community as their home and had lived nowhere else since coming to the country and who would hopefully be able to be contributors to the community in the future. She left some information regarding the Dream Act for the council’s review. Joy Marshall , 5166 Alpine Way, thanked the councilors for their service on the council. She spoke regarding the Ballot Measures (BM) 66 and 67, which she said were small revenue measures that were very seriously needed. She related that School District 4J had cut $20 million from the budget “just to keep the doors open.” She said the Bethel School District had to cut $9 million from its budget. She stated that her daughter had come home with a chemistry problem that she was unable to answer and she had been unable to get her teacher’s help because the classroom was crowded with 40 students. She noted that a friend’s math classroom contained 56 students. She averred that this was hurting the quality of life in the community. She asked the councilors to help get the word out. She underscored that the budget cuts also impacted the University of Oregon and Lane Community College (LCC) as well as cutting millions from human services and public safety. She said the first measure would only impact the top 2.5 percent of Oregonians and the second measure was in two parts and would ask people to pay a little bit more. She asserted that presently the $10 minimum corporate income tax was being paid by two-thirds of corporations. She said they were asking them to step up and pay the extra $150 per year. She noted that her family’s business taxes would be increased from $10 to $150. She added that the most profitable businesses would experience a 1.3 percent tax increase on profits over $250,000 and most of the tax increase would be temporary and in the year 2013 would go to profits over $10 million. She called the ballot measures modest, fair, and “incredibly necessary.” She hoped the council would consider endorsing a measure to get the word out to the community. Debbie Schlenoff , P.O. Box 51347, conservation coordinator for the Lane County Audubon Society, spoke in support of establishing a network of marine reserves off the coast of Oregon. On behalf of the Audubon Society, she encouraged the City of Eugene to adopt a resolution of support for Oregon’s marine reserve system and to support the evaluation and potential designation of Cape Perpetua as an important component of that network. She said they were fortunate to live close to the coast and recognized the importance of ocean health on its citizens’ environment, economy, and public health. She stated that research had shown that the decline of ocean health negatively impacted MINUTES—Eugene City Council November 23, 2009 Page 2 Regular Meeting the success of bird populations. She averred that marine reserves acted as an insurance policy for sustainable fishing by preserving healthy thriving marine life and provided places for scientific research and the tourist industry. She said the establishment of marine reserves aligned with Oregon’s participation with the West Coast Governance Agreement on Ocean Health, noting that Oregon was the only state so far not to set aside areas for the recovery of fish and wildlife. She declared that all Oregonians had a stake in the health of the ocean. She reiterated the request for the council’s support in protecting the ocean ecosystem. Diego Hernandez , 1722 Hilyard Street, stated that he was in his fifth year at the University of Oregon working on a triple major. He related that they had held two showings of Papers: The Movie during the previous week and both had been well attended. He had come before the council to talk about the Dream Act and a possible council resolution in support of it. He said it was important because it affected students in the community. He had been born in the United States and was an American, but his parents were immigrants. He underscored the importance of having opportunities to go on to higher education and the contributions and investments that people who went on to higher education made to their communities. He related that he was going to graduate school and would ultimately seek a master’s degree in social work. Jairo Castañeda , 1722 Hilyard Street, added his support for passing a resolution to support the Dream Act. He stated that over 930 organizations currently supported the Dream Act. He listed some of them, including Microsoft and the city councils of Portland, Chicago, and Oakland. He said the act was also supported by over 105 members of the House of Representatives and 36 members of the Senate. He thanked the councilors for their support, reiterating his hope that they would also pass such a resolution. David Wade , 1366 Lawrence Street, Apt. 6, stated that he was a recent graduate from the University of Oregon. He spoke in support of establishing the Cape Perpetua marine reserve. He also wanted to go on record as being in support of the Dream Act. He had moved from Virginia two years earlier to obtain a master’s degree in public administration. He had chosen to go to the University in part because of wanting to live in a state that valued its natural resources. He related that he had been surprised by the abundant sea life in tide pools on the coast of Oregon, noting that one did not find such abundance in Virginia. He stated that Virginia was trying to “win back” the ecological health of its coastal waters. He averred that Oregon had the opportunity to avoid the mistakes that Virginia had made by establishing protections that the near shore coastal waters needed to adapt and thrive in the face of climate change. He asked the City of Eugene to demonstrate its citizens’ commitment to the natural resources of Oregon by passing a resolution in support of the establishment of marine reserves. th Derek Campbell , 1289 East 28 Avenue, stated that he was a recent graduate of the University of Oregon and also wanted to add his voice on behalf of the establishment of marine reserves at Cape Perpetua. He read into the record a portion of a letter he had written in support of this. He provided packets of information on the ecology that included maps and the house bill, the work plan for the Oregon Department of Fish & Wildlife, and resolution language from three coastal communities and the County. He averred that though this was a coastal issue it was important for all the communities in Oregon like Eugene to remind people that this was a statewide issue. Mayor Piercy closed the Public Forum. She thanked everyone for taking the time to come from the coast. She considered the items brought to their attention to be important. She believed the marine reserves to be an issue of national importance. She stated that BM 66 and 67 were about how the state would be able to fund the future of Oregon and the Dream Act resolution was about the future of a lot of young people in the country. She added that she also wished to thank the people who spoke about the EmX route. Councilor Pryor expressed appreciation for all of the people who spoke. He had not been aware of the marine reserves issue and he looked forward to reading the material that had been provided. Regarding the ballot measures, he stated that they were in the process of preparing a memorandum to outline the impacts that the failure of BM 66 MINUTES—Eugene City Council November 23, 2009 Page 3 Regular Meeting and 67 would have on the City. He had also been pleased by the interest people were taking in the EmX. He appreciated the comments Ms. Hutson had made regarding the Whiteaker neighborhood. Councilor Ortiz said she would like to look at the language in HB 3013. She thought it was “kind of a slam dunk.” She believed the resolution on BM 66 and 67 would be nearly as easy to discuss. She intended to look at bringing forward language in support of them, as well as in support of the Dream Act. Councilor Brown thanked everyone. He hoped they could craft a resolution in support of the Dream Act and for HB 3013 and that they could support both unanimously. He said he wholeheartedly supported BM 66 and 67, noting that he had a child who attended public schools. He averred that his business would have to pay a total of 38 cents per day more for the corporate fee. He wanted to pass a resolution in support of the measures. Councilor Taylor thanked everyone and, in particular, Ms. Hutson for her persistence. She felt that the resolutions that had been discussed were good. She said things on the coast still affected everyone. 2. CONSENT CALENDAR A. Approval of City Council Minutes - September 28, 2009, Work Session - September 28, 2009, City Council Meeting - September 28, 2009, Executive Session B. Approval to Tentative Working Agenda C. Adoption of Resolution 4991 Amending Systems Development Charge Methodology and Charges for the Regional Wastewater System and Amending Resolution No. 4900 D. Adoption of 2009 Natural Hazards Mitigation Plan Councilor Zelenka, seconded by Councilor Clark, moved to approve the Consent Calendar. Councilor Brown pulled Item D. Roll call vote; the Consent Calendar with the exception of Item D was approved by a unanimous vote, 8:0. Councilor Brown indicated that he would vote to adopt the plan. He said once they passed it, the City would be able to apply for Federal Disaster Mitigation Funds. He thought they could apply for grants to offset the costs of seismic assessments for critical public buildings. He remarked that the council had “shot down” a proposal to find out just how much it would cost to study the seismic vulnerability of all of the public buildings. He hoped the council would reconsider that position in the future. He cited several public buildings he had concerns about. Roll call vote; the motion to adopt the 2009 Natural Hazards Mitigation Plan, Item D on the Consent Calendar, passed unanimously, 8:0. The meeting adjourned at 8:05 p.m. Respectfully submitted, Jon Ruiz City Manager MINUTES—Eugene City Council November 23, 2009 Page 4 Regular Meeting (Recorded by Ruth Atcherson) MINUTES—Eugene City Council November 23, 2009 Page 5 Regular Meeting ATTACHMENT G M I N U T E S Eugene City Council Public Hearing Council Chamber 777 Pearl Street—Eugene, Oregon November 16, 2009 7:30 p.m. COUNCILORS PRESENT: Alan Zelenka, Mike Clark, George Brown, Andrea Ortiz, Chris Pryor, Jennifer Solomon, Betty Taylor. COUNCILORS ABSENT: George Poling. Her Honor Mayor Kitty Piercy called the meeting of the Eugene City Council to order. 1. PUBLIC HEARING Resolution 4991 Amending the Systems Development Charge Methodology and Charges for the MWMC Regional Wastewater System City Manager Jon Ruiz provided a brief overview of the item. Mayor Piercy opened the public hearing and reviewed the procedures for providing testimony. She determined there was no one wishing to testify and closed the hearing. There were no questions from councilors. 2. PUBLIC HEARING Infill Compatibility Standards Code Amendments Mr. Ruiz introduced Terri Harding, Planning and Development Department, to provide a brief overview of the item. Ms. Harding stated that the three public hearing items represented the first round of recommendations from the Infill Compatibility Standards (ICS) Task Team. Mayor Piercy opened the public hearing and reviewed the procedures for providing testimony. She distributed copies of the three alternatives (A, B and C) for proposed code changes related to building height that had been reviewed by the Planning Commission. The commission selected Alternate B. She said in response to questions from the council at its work session she was developing additional information on the impact of building height on neighborhood density, car- sharing, diagonal parking potential and enforcement and revisions to the figures that accompanied the Jefferson-Westside Special Area Zone. She said written testimony had been received from 16 additional people after the agenda packet was prepared and that would be provided to the council. MINUTES—Eugene City Council November 16, 2009 Page 1 Public Hearing A. An Ordinance Concerning Parking Requirements for Multi-Family Housing; Amending the West University Refinement Plan, and Amending Sections 9.0500, 9.6410, and 9.6420 of the Eugene Code, 1971. Mayor Piercy opened the public hearing and reviewed the procedures for providing testimony. Drix , High Street, Eugene, characterized ICS as the foundation of the City’s future. He said density in his neighborhood continued to increase as more students attended the University of Oregon and parking was an issue. He said personal transportation modes varied and included bicycles and EmX. He hoped that solutions to compatibility of denser development would preserve the unique qualities of Eugene. Mike Dotson , Calla Street, Eugene, Homebuilders Association of Lane County president, spoke in favor of the parking ordinance, with revisions recommended by the Planning Commission. He said builders were caught between the opposing needs of increasing density and preserving neighborhoods. He felt the building community had come together with neighborhoods to develop the compromise solutions reflected in the ordinance with recommended alterations from the Planning Commission. Rick Alexander , Jacobs Drive, Eugene, a member of the Homebuilders Association, said he had been involved in development of the parking standards compromise proposal. He felt it was a good compromise that met the needs of neighborhoods for increased parking for higher density developments. He noted the council would be considering many other ICS recommendations and asked members to keep in mind that they were all part of a package that when taken as a whole could potentially significantly reduce the number of units and amount of density within a given area that was in need of greater density. Laura Potter , Laura Street, Springfield, speaking on behalf of the Homebuilders Association of Lane County, said a number of its members had participated in the ICS process. She urged the council to adopt the ordinance with the alternations recommended by the Planning Commission as it was a fair compromise between the current code and MiCAP (minor code amendments process). The association strongly supported the concept of tandem parking and encouraged its broader use. Regarding the building height ordinance, she said dramatically increasing building height caused the building community concern. The association strongly supported Alternate B, which allowed for 90-foot heights on sites of 10,000 square feet or more abutting the University. She said it was imperative that buildings be allowed to go up in that area because of the growing enrollment at the University and increasing need for student housing. Sue Prichard , Emerald Street, Eugene, ICS Task Team co-chair, commented on all three of the public hearing items. She said an astounding amount of work over the past two years had gone into developing ICS recommendations and the first three presented for public hearings had been thoroughly researched and discussed and major compromises reached, with all stakeholders providing input. She said passions ran high on ICS issues and asked the council to consider the facts, rather than emotions. Steve Gab , Villard Street, Eugene, ICS Task Team co-chair, said on the issue of parking there was no “right” answer as it was a moving target. The recommendation represented a consensus of stakeholders. He noted the council’s interest in the concept of car-sharing and said the proposal reflected a middle ground between those that preferred a parking space for every vehicle and those that preferred no vehicles. He said developers recognized the need to provide a few parking spaces as possible within the reasonableness of the market. He asked the council to focus on the car-sharing aspect and encourage the community to develop a viable, dynamic car-sharing program. MINUTES—Eugene City Council November 16, 2009 Page 2 Public Hearing th Howard Bonnett , East 28 Avenue, Eugene, Ward 3, asked that the record be kept open for two weeks. He noted that there were ordinance findings related to state goals, but not to council goals on climate change, reduction of fossil fuel use and carbon dioxide. He felt those would also be addressed. He said the proposal did not address increasing bicycle parking requirements and he had noticed a lack of secure bicycle parking when passing through the neighborhood. He was concerned that the proposed ordinances had not been subjected to the scrutiny of a triple bottom line assessment. Gordon Anslow , Paddock Drive, Eugene, Ward 2, stated he participated in the ICS process and was generally supportive of the proposed parking standards. He felt it was preferable to base parking requirements on footage of residential use, as were all other uses, instead of the number of bedrooms. He also had some concerns with the determination of the number of bedrooms based on representation of the owner or agent because it could lead to the subpoena of private financial documents such as rental contracts or loan applications in the event of a citizen complaint. He said parking based on the unambiguous square footage standard eliminated the need for ongoing monitoring; otherwise he fully supported the parking standards ordinance. th Deborah Healey , East 15 Avenue, Eugene, Ward 3, was in agreement with the parking standards proposal, particularly the change in language from parking spaces per unit to parking spaces per bedroom to reflect the four- to six-bedroom units currently being built. She said most students living near campus did not drive to school, but did use their cars for many other purposes like employment, shopping and visiting family. She doubted that students would be willing to pay $9.00 or more per hour for a shared car to get to a job. She recommended removing the car-sharing feature from the proposal and giving it further study before incorporating it into the code. She was also opposed to tandem parking up to the front yard setback, although not to the concept of tandem parking. Carolyn Jacobs , Agate Street, Eugene, Ward 3, as a member of the ICS Task Team, urged the council to support the code change, which addressed long-standing parking problems in the neighborhoods abutting the University. She reminded the council about the Land Use Board of Appeals (LUBA) decision on the MiCAP ordinance, which contained more stringent requirements than the proposed ICS ordinance. She said the ICS Task Team had not discussed car-sharing and while it was an idea with enormous potential it did not address the goal of changing behavior and reliance on cars. She asked the council to remove car-sharing from the proposal. Bill Aspergren , Alder Street, Eugene, Ward 3, fully supported the ICS parking proposal and recommended passage without the shared-car provisions. He said car-sharing was a worthy idea, but was new to Eugene and had not demonstrated it reduced student car ownership; more study and experience was needed as there were too many unanswered questions. He suggested it would be better for the City to seek incentives promoting shared cars instead of reducing onsite parking spaces permanently. He said spaces could not then be increased if a car-sharing agreement was terminated and the City had no way to enforce those types of arrangements. He submitted a written copy of his remarks. th Steven Baker , East 15 Avenue, Eugene, Ward 3, member of the ICS Task Team and chair of the subcommittee that generated the three recommendations, said the proposed changes allowed for a modest increase in off-street parking for apartments with larger numbers of bedrooms and also provided other efficiencies, such as tandem parking and reduced parking for certain types of developments. He said the proposed changes were based on facts and data illustrating the dramatic difference in developments around the University, which began in 2004, was included in the agenda packet. He favored restoring the provisions that would prohibit tandem parking off an alley within 30 feet of the street. He said another ICS MINUTES—Eugene City Council November 16, 2009 Page 3 Public Hearing recommendation regarding tandem parking in driveways of multi-family developments would be considered in the future. Al Couper , Harris Street, Eugene, Ward 3, supported the parking amendment recommended by the Planning Commission with the caveats related to car-sharing and tandem parking discussed by previous speakers. His concern was student use of cars and disputed testimony that adding more parking would result in a concomitant increase in the number of cars coming to Eugene. He said surveys and interviews with many students indicated that the decision to bring a car to Eugene had nothing to do with the availability of off-street parking spaces. Students used their cars for many purposes other than school and for women students having access to a car was also a safety issue. He said adding a small number of parking spaces would not bring more cars to Eugene; the growth of the University caused that. The ordinance would bring some relief to parking problems in the neighborhood. th Lauren Hulse, East 20 Avenue, Eugene, Ward 3, was opposed to allowing developers to provide fewer parking spaces because of a shared car agreement. She said the City’s code enforcement was complaint- driven and there were not resources to begin proactive enforcement. If shared car arrangements were abandoned as unfeasible, there was no way to add back the parking spaces that were lost. She encouraged the council to find an alternative way to incentivize the use of shared cars. Sam DeBow , Harris Street, Eugene, a University of Oregon student, supported the efforts of South University neighbors to lower the maximum building height and slightly increase required parking for apartments. She brought a car to Eugene because she needed it for many household errands and to facilitate her participation on the women’s lacrosse team. She said that type of car usage was typical of many students and the lack of parking for apartment buildings created problems. She said her decision to bring her car was because it was a necessity, not a luxury. Kaitlyn Pasko , Harris Street, Eugene, a University of Oregon student and lacrosse team member, echoed Mr. Couper and Ms. Hulse’s remarks about the necessity of having a car for many students. She urged the council to support the ICS parking standards ordinance. Charles Biggs , Antelope Way, Eugene, a member of the ICS Task Team, supported the proposed code changes. He strongly believed that neighbors who had to live with the consequences of development in their area should have a strong voice in how that development occurred. Pamela Miller , Harris Street, Eugene, stated that she had lived in that location for over 20 years and chose to live on the interface between single-family and multi-family zones because she enjoyed the liveliness of a student neighborhood. She had seen parking problems become more severe recently as the density of development increased. She sympathized with students’ need for cars and shared concerns with incorporating the untested concept of car-sharing into an ordinance. As ancillary issues, she urged the council to consider limiting the number of parking permits per unit and working with the University to find other parking solutions for students. Mayor Piercy closed the public hearing. There were no comments from the council. B. An Ordinance Concerning Building Height in the University Area and Amending Section 9.2751 of the Eugene Code, 1971. Mayor Piercy opened the public hearing and reviewed the procedures for providing testimony. MINUTES—Eugene City Council November 16, 2009 Page 4 Public Hearing th Katie Hulse , East 20 Avenue, Eugene, Ward 3, concurred with an earlier speaker’s request to increase secure bike parking. She said greater density increased the potential for more crimes in a neighborhood and as a young female University student she was part of an at-risk population, particularly walking or riding a bicycle at night. She said large residential structures provided opportunities for incidents to get out of control more quickly and the proximity of four- and five-story buildings to her home was a cause for concern. She urged the council to keep the neighborhood safe by assuring that populations in and around the University area were residential in nature, not prone to partying and mayhem. th Lauren Hulse , East 20 Avenue, Eugene, Ward 3, spoke to the limitation on building heights. She said the MiCAP process offered good protection for the neighborhood and was supported by residents. The MiCAP height ordinance was referred to the ICS Task Team and neighbors participated in the process. She agreed th with the Planning Commission’s recommendations for height limitations of 35 feet south of 19 Avenue and th 50 feet for the first half block north of 19 Avenue, but opposed heights of over 65 feet along the south edge th of 18 Avenue. She said maximum density could be achieved through three- or four-story structures and anything over 65 feet was excess and diminished the neighborhood’s character; taller structures should not be allowed until there were applicable design standards. Al Couper , Harris Street, Eugene, spoke in support of the building height recommendations from the Planning Commission, with two exceptions: maximum height should be limited to 65 feet, not 90 feet; and delay allowing a height benefit bonus for large lots until there were design standards in the code. He said the neighborhood supported the concept of high density near the University and the City’s ability to meet its density goals. He said the density goals articulated in the Metro Plan could be achieved with buildings of two or three stories; four-story buildings were able to achieve the maximum density allowed by the zoning code of 112 dwelling units per net acre. He felt that the limitations of 35, 50 and 65 feet would meet all of the City’s density goals. Bill Aspergren , Alder Street, Eugene, commented that Eugene was out of step with other Oregon cities on the issue of building heights by allowing significantly taller buildings. He said outside of Eugene and Portland, the average maximum building height was less than 50 feet. Eugene was the only city that did not have a transition area between single-family dwellings and taller multi-family dwellings. All cities in Oregon were governed by the same state laws regarding density, housing needs and urban growth boundaries and other cities were able to comply with buildings half the size of Eugene’s maximum building height. He said buildings taller than 65 feet were not necessary to meet density goals and asked the council to lower the maximum height to that level and eliminate any exceptions for larger lots until design standards were in place. He submitted a written copy of his remarks. th Steven Baker , East 16 Avenue, Eugene, spoke in support of adopting maximum buildings heights, but thought the proposed heights were in excess of the maximum heights adopted by the ICS Task team and should be reduced. He favored no more than 65 feet for the maximum building height in R-4 zones. He referred to data in the agenda packet and noted that recently constructed multi-family development in the subject neighborhoods would comply with the limits. He favored adding areas in the West University th neighborhood north of East 13 Avenue zoned R-4 into the area of reduced maximum building height as that area contained most of the historically significant structures remaining in the neighborhood. He submitted a written copy of his remarks. Mike Russo , Potter Street, Eugene, Ward 3, urged the council to impose a building height limitation of 65 feet. He noted that the ICS Task Team had favored a 50-foot limitation on a 14 to 1 vote. He said lowering MINUTES—Eugene City Council November 16, 2009 Page 5 Public Hearing the maximum height to 65 feet would not impact jobs based on data collected by the task team and included in the agenda packet; any downturn in construction was more related to the economy and a shortage of available credit and declining demand. Timothy Shinabarger , Agate Street, Eugene, Ward 3, asked that the record be left open for one week so the public could respond to testimony received during the hearing. He regretted that the Planning Commission had recommended Alternate B with a 90-foot cap on building height, which was out of scale with the neighborhoods. He compared provisions of the three alternates considered by the Planning Commission and urged the council to establish a separate process for addressing building heights in the historic neighborhoods surrounding the University. He pointed out that the Planning Commission’s recommendation did not preclude the council’s consideration of the other two alternatives and urged them to approve the height limitations in Alternate A and direct staff to modify the proposed ordinance accordingly. st Malcolm Wilson , East 21 Avenue, Eugene, Ward 3, supported the Planning Commission’s recommendation, but strongly favored reducing the maximum building height to 65 feet. He said the neighborhood was not opposed to reasonable and balanced proposals to increase density, but building heights were not sustainable if they permitted massive, out-of-scale buildings that destroyed the livability and viability of the neighborhood. He said the area was a dense urban neighborhood with a diverse population that supported numerous services within easy walking or biking distance. The character of the neighborhood promoted neighborly communication, civil society and a high level of property maintenance. He feared that the application of worthy abstract principles would destroy the good they were intended to foster and preserve. He said sensible building height limits would promote a full range of social, economic and environmental benefits to the City. Carolyn Jacobs, Agate Street, Eugene, said the 35- and 50-foot building heights were in accord with the work of the ICS Task Team, Planning Commission and neighborhoods. She said convincing data was presented demonstrating that maximum density could be met with buildings of three and four stories and less than 50 feet, but the task team responded to a request for more design flexibility by agreeing to a 65-foot height limit. She said 65 feet achieved a balance that would meet density demands while preserving neighborhood character and encouraging home-owners to stay. She urged the council to limit building height to 65 feet until design standards were implemented. The height bonus for large sites did not appear until after the task team had completed its work. th Deborah Healey , East 15 Avenue, Eugene, supported the 65-foot height limit in R-4 zones to provide flexibility and prevent excess. Regarding the areas of the West University neighborhood zoned R-4 and not in the current proposal, she noted that they were part of one of the earliest residential areas in Eugene. She distributed a map of historic buildings and related materials demonstrating areas of historic interest. She said adding height restrictions to the rest of the R-4 areas in West University would help protect one of Eugene’s heritage areas, but was not sufficient. She urged the council to direct staff to proceed with a study of the area, then create and implement clear and objective language in the code that would allow the site review overlay zone to be fully enforced. Steve Gab , Villard Street, Eugene, remarked that the building height proposal was a complex issue affecting a small band of properties adjacent to the University. He said the proposal had gone through an arduous public process and it was natural for stakeholders and decision-makers to seek compromise positions. The 90-foot height limitation was a compromise on a compromise made at the last minute by the Planning Commission. He urged the council to reject a height bonus for large sites until design review standards were in place. MINUTES—Eugene City Council November 16, 2009 Page 6 Public Hearing Gordon Anslow , Paddock Drive, Eugene, stated that the initial work of the task team and recommendation of the Planning Commission on building heights attempted to balance the needs of many stakeholders. He said the impact of increasing demand for student housing was being born primarily with the neighborhoods to the south and west of campus because the City had taken a myopic view in past decisions about other areas of the City. Pamela Miller , Harris Street, Eugene, spoke in support of Alternate A. She recognized the need for greater density in the areas adjacent to the University. She said there were unique qualities in a concentrated student population that could create problems in activities moved into adjacent historic neighborhoods. She said a dense urban area should include urban amenities and allow for small commercial, service-oriented development. She suggested considering the conversion of R-3 property to condos for young working or retired people to create more diversity in the neighborhood. Mayor Piercy closed the public hearing and called for questions from the council. Councilor Clark asked how the Planning Commission had developed its recommendation for a 90-foot height on large sites. Ms. Harding said a committee composed of stakeholders worked over the summer to further refine the building height proposal and submitted to the Planning Commission Alternate A, with Alternate B and Alternate C submitted as minority reports by developer members of the committee. The commission held a public hearing and after deliberations determined that the 90-foot limitation still represented a compromise that accomplished protection for the neighborhoods but was acceptable to the Homebuilders Association. Councilor Solomon asked for additional information from staff on decisions during the previous land use code update (LUCU) process that prevented the development of multi-family residential uses on commercially-zoned sites. Councilor Zelenka said the testimony had informed him that maximum density could be achieved in the area with a 50-foot building height and there had been a surprising amount of development occurring there without benefit of the multi-unit property tax exemption (MUPTE). He was concerned with how the Planning Commission arrived at its decision to increase the allowable building height to 90 feet and asked staff to provide that justification in the council’s next agenda packet. Councilor Pryor asked staff to illustrate on the map the size of a 10,000 square-foot site. Ms. Harding indicated that would be the equivalent of two single-family lots. Councilor Pryor joined in Councilor Zelenka’s request for more information about the Planning Commission’s recommendation. Councilor Clark asked to have the record remain open for another week. He asked if there were issues related to potential appeals of a decision on building heights. Ms. Harding said one of the consistent goals of the ICS process was to consider all points of view in order to develop a solution that had broad support, but preventing an appeal was not a policy issue. C. An Ordinance Establishing the Jefferson-Westside Special Area Zone (S-JW); Applying that Zone to Specific Properties; Amending the Jefferson-Far West Refinement Plan; Amending the Westside Neighborhood Plan; Amending Sections 9.0500, 9.2161, 9.2170, 9.2171, 9.8030, MINUTES—Eugene City Council November 16, 2009 Page 7 Public Hearing and 9.8865 of the Eugene Code, 1971; and Adding Sections 9.3600, 9.3605, 9.3615, 9.3626, 9.3630, 9.3631, and 9.3640 to that Code. Mayor Piercy opened the public hearing and reviewed the procedures for providing testimony. th Della Perry , West 11 Avenue, Eugene, Jefferson-Westside Neighbors chair, said the proposed zone was a thoughtful product that would preserve the character of the neighborhood, both visually and emotionally, and promote a strong sense of community. She urged the council to adopt the ordinance establishing the S- JW zone. Phil Farrington , Monroe Street, Eugene, Ward 1, said the American Planning Association recently presented its “Great Places in America” award to three neighborhoods on the West Coast in Pasadena, California; Spokane, Washington; and Portland, Oregon. Those neighborhoods share many characteristics with the Jefferson-Westside neighborhood. The ordinance would help to preserve those qualities by tempering the manner in which future infill development could occur. He asked the council to support the ordinance. Gretchen Miller , Adams Street, Eugene, stated that the neighborhood, in which she had resided for many years, was an asset to the City but it could be fragile. There were times when many neighbors moved out because of safety concerns and it took a long time to rebuild the sense of community that had been lost. She said maintaining a successful neighborhood close to downtown took planning and work and while greater density could be accommodated, it should be compatible with the character in existing dwellings and maintain livability of the area for residents. She urged support for the proposed ordinance. th Garrick Mishaga , West 14 Avenue, Eugene, Ward 1, stated that he valued the neighborhood and its proximity to downtown and the University, the walkability to amenities and the diverse housing stock. He had participated in the ICS process and as a landscape architect appreciated the importance of maintaining quality neighborhood form and character. He said some infill projects had compromised the livability of the surrounding area, while others complimented it. He urged the council to support the proposed ordinance to assure a balanced mix of residential development that positively contributed to the character of the neighborhood. th Paul Conte , West 10 Avenue, Eugene, encouraged the council to support the proposed Jefferson-Westside special area zone. He thanked many individuals who had been involved in neighborhood planning over the years, as well as the council and City staff. Steve Gab , Villard Street, Eugene, pointed out that the 17 recommendations from the ICS Task Team were greatly varied and complex and the three items before the council were some of the easiest to address. He thanked the Mayor, council and City staff for their work on the ICS process and said the community had been well served by Ms. Harding’s efforts. He said the three items included two common threads: a need to correct past mistakes and recognition of changes in R-2 uses. Mayor Piercy closed the hearing and called for questions from the council. She thanked those involved in developing the proposal for a special zone. Council Zelenka thanked those involved in the ICS process, which demonstrated that fragile neighborhoods survived because people cared. MINUTES—Eugene City Council November 16, 2009 Page 8 Public Hearing City Attorney Emily Jerome clarified that the record would remain open on the ordinances related to parking standards and building heights and was closed on the Jefferson-Westside Special Area zone. She also noted that if the council wished to reconsider an ordinance approved on November 9, it would need to take action and an explanatory memorandum had been distributed to councilors explaining the process. Councilor Zelenka, seconded by Councilor Clark, moved to reconsider the motion to adopt Council Bill 5016, an ordinance amending the Eugene-Springfield Metropolitan Area General Plan Land Use Diagram; amending the Willakenzie Area Plan, and returning the “River Ride” site to the low density residential designation. The motion passed unanimously, 7:0. Councilor Zelenka, seconded by Councilor Clark, moved to divide Council Bill 5016 into two ordinances, one related to the land over which the City has sole jurisdiction and the other related to the land over which the City and County have joint jurisdiction. The motion passed unanimously, 7:0. Councilor Zelenka, seconded by Councilor Clark, moved to postpone action on the two ordinances until Monday, November 23, 2009. Councilor Brown asked if action taken by the council to approve a MUPTE application at its last meeting could also be reconsidered. Mayor Piercy noted that a memorandum from City Attorney Glenn Klein stated that the MUPTE action could not be reconsidered because contractual obligations were now in place. The motion passed unanimously, 7:0. Ms. Jerome cited Mr. Klein’s memorandum regarding the MUPTE action. She said that MUPTEs were governed by state law and City code and once an application was approved there were no provisions that would allow the council to repeal or terminate the resolution; termination could only occur if the developer failed to comply with conditions of approval. Councilor Taylor expressed concern that not all councilors were present when the MUPTE action was taken. Councilor Ortiz was not certain the outcome for that application would have been changed if all councilors had been present. She commented that she supported MUPTEs, but that particular application had not met all of the requirements. She felt it was important that future MUPTE applications fully comply with the conditions for approval. The meeting adjourned at 9:38 p.m. Respectfully submitted, Jon Ruiz City Manager MINUTES—Eugene City Council November 16, 2009 Page 9 Public Hearing (Recorded by Lynn Taylor) MINUTES—Eugene City Council November 16, 2009 Page 10 Public Hearing