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HomeMy WebLinkAboutItem 2A - Approval of MinutesEUGENE CITY COUNCIL AGENDA ITEM SUMMARY Approval of City Council Minutes Meeting Date: August 9, 2004 Agenda Item Number: 2A Department: City Manager's Office Staff Contact: Lynda Rose www. cl. eugene, or. us Contact Telephone Number: 682-5017 AGENDA ITEM SUMMARY This is a routine item to approve City Council meeting minutes. SUGGESTED MOTION Move to approve the minutes of the June 28, 2004, City Council meeting, July 12, 2004, City Council Meeting, and July 14, 2004, Work Session. ATTACHMENTS A. June 28, 2004, City Council Meeting B. July 12, 2004, City Council Meeting C. July 14, 2004, Work Session FOR MORE INFORMATION Staff Contact: Lynda Rose Telephone: 682-5017 Staff E-Mail: lynda.l.rose~ci.eugene.or.us L:\CMO\2004 Council Agendas\M040809\S0408092A. doc ATTACHMENT A MINUTES Eugene City Council Regular Meeting Council Chamber--Eugene City Hall June 28, 2004 7:30 p.m. COUNCILORS PRESENT: Bonny Bettman, George Poling, Nancy Nathanson, Scott Meisner, David Kelly, Betty Taylor, Gary Pap6, Jennifer Solomon. Council President Bonny Bettman called the regular meeting of the Eugene City Council to order. Mayor Torrey, though unable to preside over the meeting, participated by speakerphone. 1. PUBLIC FORUM Council President Bettman reviewed the rules of the Public Forum. R. Kris Millegan, 39830 McKenzie Highway, Springfield, spoke in support of the organizers of the Emerald Empire Hempfest, whose application for a permit had been denied for 2004 due to problems experienced at the previous year's event. He felt that if the problems had been so egregious, they should have been dealt with at the time of last year's event. He questioned the merit of shutting down the Hempfest while allowing the celebratory behavior in the Autzen Stadium parking lot during football games. He thought the Hempfest was very similar to the logging show. He lauded hemp as a plant with many uses and advocated for the northwest to become a large-scale producer of hemp. Charles Biggs, 540 Antelope Way, noted that the Metropolitan Wastewater Management Commission (MWMC) recently won an award for environmental stewardship. He found it ironic that, in the face of this award, the MWMC asserted the wastewater facility was so old that there were times raw sewage was dumped in the river. He reiterated that the temperature requirements could be met by the creation of a bio-swale. He restated his concern that the budget for the MWMC and the 24-percent rate increase were high. He suggested that the tax load to pay for the facility be reduced in 20 years. Eileen Erdelt, 1607 Mill Street, Springfield, said she had been educated in Africa and Europe and had returned to the United States because she believed hemp should be legalized. She asserted that hemp could be used for food, fuel, medicine, and paper. She said she helped to organize the event and had a good relationship with the parks personnel. She felt hemp could help the ailing economy. She related that as of the previous week, the Eugene Police Department (EPD) had barred the festival from happening this year,. She stated that this was a first amendment infringement and the American Civil Liberties Union (ACLU) agreed. She felt hemp could save the local economy and also reduce global warming by reducing the need to cut down trees. MINUTES--Eugene City Council June 28, 2004 Page 1 Regular Meeting Stanley Pender, 266 High Street, spoke in support of granting the Hempfest a permit. He shared that he had been reading a book called Drug War History in Politics. He said he had smoked marijuana for 28 years was not a criminal. He estimated that he had smoked marijuana with approximately 200 people and asserted that he knew no criminals. He felt it was bad for the community to support the "myth" that people smoking marijuana was a crime. He alleged that 15 million people had used marijuana within the last few days. David Sonnichsen, 2435 Skyline Boulevard, opposed the extension of Agate Street because he alleged it would cause the City to convert the Autzen Foot Bridge to a bridge for motorized vehicles. He felt this would cause irreparable degradation to both the south and north banks of the Willamette River. He said, as chair of the Whilamut Natural Area Citizen Planning Committee, he had polled 11 of the 15 members and the members unanimously questioned the advisability of the proposal. He alleged the public did not know the details of the proposal because there was no announcement and no public scrutiny. He urged the Eugene City Council to open up the process to the public. Amy Pincus-Merwin, 2220 Sandy Drive, said she favored holding the Hempfest. She had attended the previous year's festival and thought it was a great event. Ms. Pincus-Merwin explained that she was unable to stay until the appropriate public hearing due to a recent surgery, but wished to give her testimony on behalf of the Community Cable Access television (CCATV). She requested the funding for CCATV be restored and increased. She acknowledged the organization had difficulties, although it operated well in spite of being an entirely volunteer organization. She called CCATV the "last, open-access, free speech venue in the City." She noted that Metro Television received a budget of over $250,000 per year while CCATV received nothing. She alleged that this was unprecedented throughout the nation as no other community cable access station was unfunded. She called this a "point of shame." She stressed the importance of funding the station to the level at which it could be a functional organization with fund-raising capabilities and proper equipment. She added that she was dismayed to turn on Metro Television on election night and see a film of a ballet from the 1970s. Matt Laubach, 790 East 23rd Avenue, spoke in support of restoring the funding to community television. He called the current contract an "unfunded mandate." He said Portland had five cable access stations funded by the franchise fees. He called cable access stations a "unique source of news information." He related that he worked at KLCC and felt that he could put things on CCATV that he was unable to put on the radio at KLCC. He asserted that Portland community access television received $250,000 while the CCATV in the City of Eugene received $7,500. Councilor Pap~ called a point of order. He questioned whether the previous testimony should be included in the Public Forum as it specifically referred to an item for which a public hearing was scheduled. Councilor Bettman added that testimony given in the Public Forum would not be included in the public record of the hearing. City Attorney Jerry Lidz did not recommend a specific response or action. He indicated that the testimony had been given and could not be taken back at this point. Councilor Bettman closed the Public Forum. Councilor Pap~ asked staff to provide, in memorandum form, the City's opinion on the Hempfest issue. MINUTES--Eugene City Council June 28, 2004 Page 2 Regular Meeting Councilor Kelly thanked those who spoke in the Public Forum. He urged City staff to treat the Hempfest like all other gatherings. He was happy to hear that there would be a meeting between law enforcement staff and organizers of the festival. He felt the festival should not be judged by the activities of a few people who had attended it. Regarding Mr. Sonnichsen's testimony, Councilor Kelly said the proposal regarding the potential road layout was a matter of public record. He stated that copies of preliminary drawings were available upon request. He noted that a council motion directed staff to work on additional routings for this particular access point. He underscored that it was a challenge to find additional access that was free from railroad encumbrance and stressed that there would be opportunities for the public to provide input. Councilor Taylor suggested that the potential road by the Willamette River should be widely publicized. She felt the underpass that had been placed at the end of Agate Street had been expensive and had made it easier to take the street farther. She thought the public should pay careful attention to the issue. Councilor Taylor said she did not understand why the Hempfest had difficulty in obtaining a permit. She thought the Hempfest to be less dangerous than the 4th of July fireworks display. She asserted that it should be treated no differently than other gatherings. Councilor Bettman thanked everyone for testifying. She agreed with Councilor Kelly regarding the potential extension of Agate Street. She urged the public to be involved in the process to determine how the much-needed access would be provided. 3. CONSENT CALENDAR A. Approval of City Council Minutes - May 19, 2004, Work Session - May 24, 2004, Work Session - May 24, 2004, City Council Meeting - May 26, 2004, Work Session - June 9, 2004, Work Session B. Approval of Tentative Working Agenda Councilor Poling, seconded by Councilor Nathanson, moved approval of the Consent Calendar. Councilor Kelly submitted corrections to the minutes via email. He wished to comment on the Tentative Working Agenda, though did not want to pull it from the Consent Calendar. He noted that the work session scheduled for August 9 included two items that could potentially each take one hour. Councilor Nathanson pulled the minutes from the May 24 work session to submit changes in the language. Councilor Bettman noted her submission of corrections to the minutes via email. MINUTES--Eugene City Council June 28, 2004 Page 3 Regular Meeting Roll call vote; the motion to approve the Consent Calendar with the exception of the min- utes from the work session of May 24, 2004, passed unanimously, 8:0. 3. PUBLIC HEARING AND ACTION: Resolution 4796 Adopting a Supplemental Budget; Making Appropriations for the City of Eugene for the Fiscal Year Beginning July 1, 2003, and Ending June 30, 2004 City Manager Dennis Taylor asked Budget Manager Kitty Murdoch of the Central Services Department to speak about the Supplemental Budget. Ms. Murdoch provided an overview of the proposed supplemental budget, as written on page 70 of the Agenda Item Summary (ALS). Councilor Bettman called for questions and comments. Councilor Taylor noted that $50,000 was allocated for a transportation study for the relocation of the hospital and asked why this was not being taken from the $500,000 that had been set aside in a hospital siting reserve. Mr. Taylor responded that it had been recommended that the $500,000 not be diluted by parsing it out on a number of studies. Councilor Taylor expressed reservations about spending money on a study for a site that had yet to be decided upon. Councilor Pap6 asked Ms. Murdoch to explain the reserve for encumbrances. Ms. Murdoch responded that this was part of the carryover process in which funds were moved from one fiscal year to the next to pay for goods that were purchased but not yet paid for at year-end. She stressed that the items shown in the transaction summary were for goods ordered in fiscal year (FY) 2003 and paid for in FY04. In response to a question from Councilor Pap6, Ms. Murdoch explained that the balance available would become zero after the $1.356 million was pulled from the Risk Benefits fund. Councilor Bettman opened the public hearing. Charles Biggs, 540 Antelope Way, asserted that the proposed hospital would take 30 to 50 years to pay thc City back for street improvements. Mr. Biggs alleged the City was selling the Sears building at a loss. He felt this would lead to less money to work with in the future. Mr. Biggs noted that the Capital Improvement Plan (CIP) listed an item in the parks section which, at a cost of $5 million, would build a community park on Kinney Loop. He opined there were enough sports parks in that area already. Councilor Bettman, seeing no others who wished to testify, closed the public hearing. MINUTES--Eugene City Council June 28, 2004 Page 4 Regular Meeting Councilor Kelly asked that the final hospital financial package include what property tax increment revenue and other revenue sources would be realized from its development. City Manager Taylor assured him it would. Councilor Kelly requested a memorandum on the dramatic increases in risk expenditures. City Manager Taylor thought this would be a useful work session related to the long-term strategy of how to manage the risk benefits for all of the employees. Councilor Poling, seconded by Councilor Nathanson, moved to adopt Re- solution 4796 adopting a Supplemental Budget; making appropriations for the City of Eugene for the Fiscal Year beginning July 1, 2003, and ending June 30, 2004. Councilor Pap6 agreed a work session on risk analysis would be beneficial. He recommended staff provide projected and actual costs of benefits. Councilor Bettman indicated her support for the motion. She asked if the $50,000 transportation study would look at options for alternative access to the hospital site. City Manager Taylor responded that, per council direction, it would. Councilor Bettman, noting the $9 million in telecommunications fees, asked if they were not received in FY04. Assistant City Manager Carlson replied that the revenue was received, but recognition of it had been deferred. He explained that Qwest appealed the award and, as a result, the money was being left in a type of "escrow account" pending the ruling. City Manager Taylor predicted the case would be resolved by fall. Councilor Bettman wished to register her chagrin that the operational budget for the Fire Department was being utilized to buy new equipment. Councilor Meisner questioned the transfer from General Contingency for the traffic analysis for the hospital site. He wondered why no consideration was given to utilizing urban renewal district funds to pay for it. City Manager Taylor replied that, at this time, staff did not want to commit either the $500,000 that had been set aside for hospital siting nor urban renewal funding until the scope of the changes was known. Councilor Meisner asserted that the urban renewal district needed to do this type of planning for its future effectiveness. Councilor Bettman asked Ms. Murdoch to speak to Councilor Meisner's statement. Ms. Murdoch stated that the reason the decision was made in this way was that almost the entire Riverfront Fund was being used to pay off the Chiquita property. She said staff was uncomfortable with allocating the small amount of money that would be left. Referring to the same issue, Councilor Pap6 asked why the study was not funded through an interfund loan. Dee Ann Hardt, Finance Director for the Central Services Department, replied that because there was a balance remaining in the General Fund Contingency account of $219,000, it seemed inappropriate MINUTES--Eugene City Council June 28, 2004 Page 5 Regular Meeting to use $50,000 from this source to pay for the transportation study. She stated that the urban renewal district was currently "strapped." Roll call vote; the motion passed unanimously, 8:0. Council President Bettman adjourned the meeting of the City Council and convened the meeting of the Eugene Urban Renewal Agency at 8:22 p.m. 4. PUBLIC HEARING AND ACTION: Resolution 1030 Adopting a Supplemental Budget; Making Appropriations for the Ur- ban Renewal Agency of the City of Eugene for the Fiscal Year Beginning July 1, 2003, and Ending June 30, 2004 Ms. Murdoch explained that the transactions consisted of an appropriation of $300,000 for demolition of the Sears building and a $20,000 payment to the Planning and Development Department for services provided. Councilor Bettman opened the public hearing. Seeing no one who wished to speak, Councilor Bettman closed the public hearing. Councilor Poling, seconded by Councilor Nathanson, moved to adopt Re- solution 1030 adopting a Supplemental Budget; making appropriations for the Urban Renewal Agency of Eugene for the Fiscal year Beginning Julyl, 2003, and ending June 30, 2004. Roll call vote; the motion passed unanimously, 8:0. 5. PUBLIC HEARING AND ACTION: Resolution 1031 of the Urban Renewal Agency of the City of Eugene Adopting the Budget, Making Appropriations, and Declaring the Amount of Tax to be Received for the Fiscal Year Beginning July 1, 2004, and Ending June 20, 2005 Mr. Taylor explained that this was the Urban Renewal Agency budget for Fiscal Year 2005. Ms. Murdoch stated that this was the same budget that had been presented to the Budget Committee, except for the addition of $747,960 in capital carryover. She said the total budget for urban renewal was $12.8 million and one of its major activities would be to repay the Chiquita loan made for the federal courthouse site. Councilor Bettman opened the public hearing. Councilor Bettman, seeing no one who wished to testify, closed the public hearing. Councilor Poling, seconded by Councilor Nathanson, moved to adopt Resolution 1031 of the Urban Renewal Agency of the City of Eugene adopting the Budget, making appropriations, and declaring the amount of MINUTES--Eugene City Council June 28, 2004 Page 6 Regular Meeting tax to be received for the Fiscal Year beginning July 1, 2004, and ending June 30, 2005. Roll call vote; the motion passed unanimously, 8:0. Council President Bettman adjourned the Eugene Urban Renewal Agency and reconvened the City Council at 8:26 p.m. 6. PUBLIC HEARING AND ACTION: Resolution 4797 Adopting the Budget, Making Appropriations, Determining, Levying and Categorizing the Annual Ad Valorem Property Tax Levy for the City of Eugene for the Fiscal year Beginning July 1, 2004, and Ending June 30, 2005; Resolution 4798 Elect- ing to Receive State Revenue Sharing Funds Pursuant to Section 221.770 of Oregon Re- vised Statutes; and Resolution 4799 Certifying that the City of Eugene Provides the Mu- nicipal Service Required by Oregon Revised Statutes Section 221.760 Mr. Taylor conveyed his satisfaction with the recommended budget presented before the council. Ms. Murdoch stated that nothing had been added to the FY05 adopted budget but the reserve for encumbrance and the capital carryover numbers. Councilor Bettman opened the public hearing. Stephen Woodward, 1947 West 174 Avenue Apartment A, explained that he produced a national award- winning television show. He asked the council to reconsider its decision not to fund Community Cable Access television (CCATV). He pointed out that the City collected money from cable distributors for community government and educational access and CCATV received none of it. He asserted this stifled a community voice and the growth of small business. David Itinkley, 1250 Lawrence, #6, thanked the council and the Budget Committee for allocating money toward the neighborhood newsletters. He called them an "important component" to a successful neighborhood program. Phillip Carroll, 1054 Van Buren Street, thanked the council, on behalf of the Tree Foundation, for funding the NeighborWoods Programs. He conveyed the foundation's happiness that the program was being funded by storm water funds. He emphasized that tree canopies intercept rainfall and promote healthy soil that can absorb and process pollutants in rainwater. He commented that the money was spent well and commended the enthusiastic and effective staff who worked in the program. He shared that approximately 250 trees had been planted locally by the Tree Foundation. Verna Reidy, 263 West 16th Avenue, supported funding for CCATV. She shared her desire to teach yoga in a CCA television show. She felt it would be a vote for freedom of speech to provide funding for CCATV. She stressed that it was not a lot of money that was being asked for. Councilor Bettman closed the public hearing. Councilor Poling, seconded by Councilor Nathanson, moved to adopt Resolution 4798 electing to receive State Revenue Sharing funds pursuant MINUTES--Eugene City Council June 28, 2004 Page 7 Regular Meeting to Section 221.770 of Oregon Revised Statutes. Roll call vote; the motion passed unanimously, 8:0. Councilor Poling, seconded by Councilor Nathanson, moved to adopt Resolution 4799 certifying that the City of Eugene provides the municipal service required by Oregon Revised Statutes Section 221.760. Roll call vote; the motion passed unanimously, 8:0. Councilor Poling, seconded by Councilor Nathanson, moved to adopt Resolution 4797 adopting the budget, making appropriations, determin- ing, levying and categorizing the annual ad valorem property tax levy for the City of Eugene for the Fiscal Year beginning July 1, 2004, and ending June 30, 2005. Councilor Taylor, seconded by Councilor Kelly, moved to amend the mo- tion to provide a one-time allocation of $10,000 for Community Cable Access Television. Councilor Taylor spoke of the benefits of CCATV. Councilor Kelly supported the amendment. He felt the council had not dealt fairly with CCATV last year. He added that he had been moved by the testimony. Councilor Pap~ agreed that community television was an asset, but disagreed that CCATV had not been treated fairly. He noted that two years previously, Councilor Meisner had challenged CCATV to do some private fund raising and to show the council evidence of it. He would have been more open to the plea for funding if CCATV had risen to the challenge. He thought the council too often represented "iow-hanging fruit" for organizations seeking funding. Councilor Nathanson asked staff to estimate what other organizations would have come before the council with last-minute appeals if they had thought they could have been allocated more funding. She also wondered to what degree the other jurisdictions contributed to CCATV. City Manager Taylor responded that the City of Eugene was the only entity that funded CCATV. He predicted that last-minute changes occurring after all of the rest of the processes that went into the budget had transpired could create a pattern among entities that sought funding from the City. He underscored the challenges burgeoning health care costs alone presented to the City and stressed that the City had been forced to take a stance of austerity. Councilor Nathanson commented that the City Council used to have two different kinds of contingency funds. She thought it important to differentiate between contingency for discretionary services and unanticipated contingencies. She stated that the former had been effectively eliminated. Councilor Bettman suggested that the council should prioritize the contingency funds at the end of the year. Councilor Bettman agreed that amending the budget could bring in other last-minute requests, but said she would support the amendment. She said the CCTV station provided a venue for free speech, noting that, MINUTES--Eugene City Council June 28, 2004 Page 8 Regular Meeting among others, the station had provided coverage of Police Commission forums. She urged the people working in the CCATV to put together a business plan and a financing plan to bring before the Budget Committee earlier in the budget planning process. Councilor Kelly pointed out that there were significant donations of equipment that satisfied the requirement for matching funds. He recalled that Lane County had provided funding prior to FY04. He commented that, when cable was created, there were to be three cornerstones: public access, education, and government television. He said the City was neglecting public access. Councilor Kelly expressed dismay that the City Manager would call into question items brought before the council at this stage. He emphasized that it was a public hearing and, as such, should hold weight. City Manager Taylor responded that his concern was primarily that there were many opportunities to weigh in on the budget process. He was particularly concerned that two people could make some compelling testimony and "walk away with $10,000." He felt it was precedent-setting. Councilor Taylor commented that when the funding was dropped, it had been dropped at the last minute with no notification that it would even be discussed. She felt that CCATV made great contributions to the community and provided learning opportunities for young people. She said this amendment should be supported because it supported free speech. Mayor Torrey stated, by speakerphone, that he intended to vote in opposition should there be a tie. He said the organization had the capacity through television to ask for funds from the people who use the service. He thought this was a benefit that other programs seeking funding did not have. Roll call vote; the amendment failed, 5:3, councilors Bettman, Kelly, and Taylor voting in favor. Councilor Kelly shared his appreciation for the restoration of some of the programs funded by Storm Water Funds. He said it did not do as much as it should, however, and did not reflect the values of the community. Roll call vote; the main motion passed, 8:0. Council President Bettman called for a five-minute break. 7. ACTION: Resolution 4793 Adopting the Metropolitan Wastewater Management Commission Fa- cilities Plan and 20-Year Project List for the Eugene-Springfield Regional Wastewater Treatment Facilities Councilor Poling, seconded by Councilor Nathanson, moved to adopt Resolution 4793 Adopting the 2004 Metropolitan Wastewater Manage- ment Commission Facilities Plan and 20-Year Project List for the Eugene-Springfield Regional Wastewater Treatment Facilities. MINUTES--Eugene City Council June 28, 2004 Page 9 Regular Meeting Councilor Meisner conveyed his respect for the Metropolitan Wastewater Management Commission (MWMC) board and staff, but was not confident that the plan was the most cost-efficient means of addressing the wastewater issues. He felt the stakeholders had not had adequate opportunity to weigh in on MWMC plan. Councilor Poling supported the motion. He commented that the MWMC staff, engineers, and legal staff made their argument and those opposed had made their argument 180 degrees in opposition. He recommended approval so that this would move forward, adding that if it was going to go to court, it would go to court. Regarding public comment, he questioned how the right amount could be quantified. He stressed that the MWMC would need direction, should the process have to be embarked upon again, on just what amount of public input was necessary. Councilor Solomon opined that the MWMC had come to represent all that was wrong with government. She called it a "morass" of acronyms, plans, and diagrams difficult for the average citizen to fathom. She was particularly concerned that, in addition to the higher rates, the MWMC had been unwilling to work with the community of Coburg to develop a regional facility. She felt this would have represented true regional planning. Councilor Pap6 commented that the MWMC had not had much input over the years because it had been primarily concerned with the management of existing facilities. He said this was the first time it had been faced with substantial improvements. He wanted the MWMC to obtain a second opinion from an engineering firm other than CH2M Hill. He added that noticing had not included any reference to the amount of money that was in question. He thought the public would have participated more had it known the price tag for the 20-year project list was $144 million. Councilor Kelly countered that there was more than a second opinion in the draft in that there were five alternatives represented there, all of which had been sorted through by the consultant and the MWMC. He noted that some of the testimony in support of the plan was from people who worked in the wastewater profession. He supported Coburg's possible involvement in the plan and did not see that the resolution before the council precluded such partnership. City Manager Taylor interjected that there had been a preliminary discussion regarding such an endeavor. He predicted that adoption of the resolution would free up staff time and allow staff to further pursue the proposed partnership. Councilor Kelly agreed that the wastewater facilities were complex, but asserted that all such facilities were complex in the eyes of someone who was without the appropriate engineering background. Mayor Torrey, commenting by speakerphone, echoed Councilor Kelly. He said he had talked to many people who had shared similar concerns regarding the amount of money to be spent on a "quick decision." He disagreed that the decision had been made quickly. The MWMC had been involved in the formation of this plan for a long time. He underscored that the citizen participant on the MWMC was a well- respected engineer and that he was unequivocal in his support of the plan. He recognized that people in the business community did not want to spend money frivolously, but they also wanted to ensure that the infra-structure needed for future development was available. He stressed that half of the cost increase was due to cost-of-living increases. Mayor Torrey urged the council not to hold back simply because it did not have a complete understanding of it, adding that, should a project not pan out to be what the community MINUTES--Eugene City Council June 28, 2004 Page 10 Regular Meeting needed, the council could certainly determine that over the 20-year course of the long-term plan. He remained convinced the improvements were needed, however. Regarding the "Coburg question," Mayor Torrey opined that a joint project should be considered whether the City Council approved the plan or not. Councilor Bettman concurred with the comments of councilors Poling and Kelly and Mayor Torrey. She said the large portion of the plan sought to accommodate new growth. She alleged that SDCs were set artificially low and that ratepayers subsidized new growth. She stated that she would support the motion, though she felt this distribution of rate burden to be unfair. Councilor Bettman expressed concern that the addition of the community of Coburg into the wastewater treatment system would cost the City of Eugene ratepayers more. Councilor Pap6 commented that the concerns in Coburg regarding wastewater were not new. Councilor Pap6 referred to page 155 of the agenda item summary and asserted that the overflows did not exceed the limit set forth by the federal government. Peter Ruffler, Director of the Wastewater Division of the Public Works Department, predicted the overflows would increase. He said, looking at the historical record, there had been several continuous years of low rainfall, but prior to that there had been several instances of overflow due to storm events. Mr. Ruffler stated that a comprehensive evaluation of wet weather flow management plans that had looked at various options to handle peak flow issues had been conducted and the results were reflected in the MWMC facilities plan and project list. Councilor Poling related that, though Coburg had no SDCs in place for water, there had not been a reason to have such a charge thus far. He indicated that Coburg City Manager Mike Hudson had emphasized the community's willingness to "pay its way." Councilor Meisner stated that the council had the material and had studied it, but the public did not have such a reference. He asked staff to state for the public the amount of the rate increase. MWMC staff member Susie Smith responded that the increase was projected over the course of five years to be between $5.60 and $6.50 per month. Councilor Meisner reiterated that the MWMC had not done a "good enough" job of making the public aware of this. Gary Caldwell, staff member for MWMC, explained that the first four years of increases would get the rate revenue to the debt service support level. Increases beyond that point would be for inflation and operational increases. Councilor Meisner asked if there would be a decrease after six years. Mr. Caldwell replied that nothing in his projections indicated there would be a decrease in the rates. Councilor Taylor called the rate increases unfortunate. She felt that ratepayers were shouldering the expense of growth. However, she thought any sewage overflow into the river to be unacceptable. Councilor Taylor commented that, when and if Coburg was brought into the MWMC, measures should be taken to insure that none of the added expense would be the responsibility of the Eugene ratepayers. MINUTES--Eugene City Council June 28, 2004 Page 11 Regular Meeting Roll call vote; the motion to approve Resolution 4793 passed, 5:3; coun- cilors Meisner, Solomon, and Pap6 voting no. 8. ACTION: Proposed Modifications to Metropolitan Wastewater Management Commission Regional Wastewater System Development Charge Methodology and Rates Resolution No. 4794 Adopting an Amended System Development Charge Methodology for Regional Wastewater System, Amending Resolution No. 4740, and Repealing Resolution No. 4776; and Resolution No. 4795 Adopting Amended System Development Charge Rates for Regional Wastewater System and Amending Resolution No. 4740 Councilor Poling, seconded by Councilor Nathanson, moved to adopt Resolution No. 4794 adopting an amended System Development Charge methodology for regional wastewater system, amending Resolution No. 4740, and repealing Resolution No. 4776. Roll call vote; the motion passed, 7:1; Councilor Pap~ voting in opposition. Councilor Poling, seconded by Councilor Nathanson, moved to adopt Resolution No. 4795 adopting amended System Development Charge rates for regional wastewater system, and amending Resolution No. 4740. Councilor Pap~ asked if ratepayers would have to pay to make the lines more impervious. Mr. Ruffler replied that current rates include a component to fix infiltration and inflow which, if eliminated, would resolve the peak wet weather overflow. In response to another question from Councilor Pap6, Mr. Ruffler said the wet weather management plan had estimated the return on the investment in fixing the pipes. He asserted it was impossible to "get to perfection." Councilor Bettman agreed it was more sustainable to address the inflow and infiltration, but it would also require regulating new development to use different materials to build wastewater systems. Roll call vote; the motion passed, 6:2; councilors Solomon and Pap~ vot- ing in opposition. Council President Bettman adjourned the meeting at 9:43 p.m. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Ruth Atcherson) MINUTES--Eugene City Council June 28, 2004 Page 12 Regular Meeting ATTACHMENT B MINUTES Eugene City Council Regular Meeting Council Chamber--Eugene City Hall July 12, 2004 7:30 p.m. COUNCILORS PRESENT: Bonny Bettman, George Poling, Nancy Nathanson, Scott Meisner, David Kelly, Betty Taylor, Gary Pap~, Jennifer Solomon. His Honor Mayor James D. Torrey called the regular meeting of the Eugene City Council to order. He noted that the Eugene Weekly erroneously indicated a public hearing on the transportation aspects of the possible siting of the McKenzie-Willamette/Triad Hospital at the Eugene Water & Electric Board (EWEB) headquarters site was scheduled to occur at the meeting. He asked those who were present to testify on the alleged item to provide their testimony during the Public Forum instead. 1. PUBLIC FORUM Mayor Torrey reviewed the rules of the Public Forum. Ray Wolfe, 1473 Luella Street, opposed the proposed land trade in which a multi-acre site north of Eugene was proposed to be exchanged for land in the Laurel Hill Valley area. He expressed concern at the alarming rate at which farm land was disappearing. He alleged that 1.2 million acres of farmland had disappeared in 2003, approximately equivalent to the size of the state of Delaware. He stressed the importance of local food production. Mr. Wolfe stated that 28 million barrels of oil were consumed every year while only 7 million barrels were newly discovered. He said there were no adequate alternatives for oil, adding that modem farm production was dependent on the usage of petroleum products. He provided his testimony in writing. Laura M. Ohanian, PO Box 811, Eugene, conveyed her unhappiness with the proposal to locate a hospital at the EWEB site. She opposed the loss of"prime riverfront," asserting that most places preserved natural features such as this. She felt this feature made people more likely to invest in the community and stay. She related a stow of driving around Lake Michigan toward Chicago, Illinois, and observed that the industrialization had irrevocably marred the natural landscape there. She did not want such development to occur here as it could never be adequately mitigated to its previous state. Kathy Saranpa, 3015 Friendly Street, said she had spoken before the City Council four months earlier about an "ill-conceived" proposal to redesignate Friendly Street, Storey Boulevard, and Crest Drive as collectors. She related that the issue had been tabled pending further study. She reported that nothing had been heard by the neighborhood and all that was known was that Satre and Associates had been hired as consultants. MINUTES--Eugene City Council July 12, 2004 Page 1 Regular Meeting Ms. Saranpa also expressed concern about the potential siting of the hospital on the riverfront. She alleged this was "all but a done deal" with very little citizen participation. She felt both issues were examples of disrespect to the voting public. She urged the City Council and City staff to remember that government was of the people, for the people, and by the people. She questioned the merits of spending money on consultants in the face of the City's inability to adequately support the neighborhood newsletter program. She commended Councilor Taylor for her work on behalf of her ward. Major Defoe, 98370 Highway 99, Junction City, shared a picture of the Oregon Horse Center. He said he purchased the property in 1991. He stated that he had taken into consideration its proximity to restaurants and hotels and also how the horse operation would impact its neighbors. To date, he asserted he had invested approximately $6 million in the property. He had not thought that the City would grow around him. He accused the Parks and Open Space Division of deliberately trying to keep the potential land swap quiet. He related he had spoken with his neighbors and none had been brought into the discussion. Mr. Defoe asked the City Council to consider the impact of the proposed action on the horse activities that take place at the Horse Center. J. Malcolm McRae, 90751 Prairie Road, conveyed neighbors' concerns regarding the impact of the land exchange on the Oregon Horse Center. He felt the change the City was pursuing threatened to signifi- cantly shorten the life span of the center. He cited the closure of the fairgrounds to horse activities as a story of how neighborhood opposition could affect such an operation. He noted the Region 2050 process called for the property to eventually be absorbed into the urban growth boundary (UGB) and Mr. Dafoe understood this. However, Mr. Dafoe had worked through the permitting process and was in compliance with land use law. He thought the land swap could close the facility 40 years sooner than Mr. Dafoe had projected it would. He suggested there was a different way to develop the park that would not place residences in proximity to the center. Mark Rabinowitz, 28549 Sutherlin Lane, alleged the West Eugene Parkway had just become $1.5 million "more expensive" as the result of hiring a consultant. He commented that this amount of money could have repaired all of the intersections on West 11th Avenue. He predicted a new City Council would vote in a new TransPlan amendment. Mr. Rabinowitz opposed a new road along the Willamette River as he believed it would be ecologically disastrous. Mr. Rabinowitz stated that Lane Community College (LCC) was sponsoring a forum on July 21 as part of its energy management series. The guest speaker was Richard Heinburg, author of several books on oil depletion and the development of alternative energies. He opined that the West Eugene Parkway would not be built due to a lack of petroleum products. He recommended reading an article in National Geographic on oil production. "Drix," 307-½ 14th Avenue, commented that the river was a great thing in Eugene. He acknowledged that Eugene had to grow, but thought it could grow "with class." He called the river a spiritual connection. He thought, should the City "stick offices there," it should be done thoughtfully. He thought the City of Portland had done a good job of developing along the river. He likened the river to having "only one pretty daughter" and urged the council and staff to be careful in what it did with it. MiNUTES--Eugene City Council July 12, 2004 Page 2 Regular Meeting Mayor Torrey closed the Public Forum and called for comments from the council. Councilor Kelly thanked those who spoke in the Public Forum. He said he understood that Councilor Poling had asked staff for an update on the Crest Drive/Friendly Street area issues. He also wished to know why meetings between City staff and neighborhood residents had yet to occur. City Manager Dennis Taylor responded that he would keep the council abreast of what staff was doing in this regard. Councilor Kelly assured Mr. Dafoe that the only thing action scheduled for the present meeting would accomplish was the initiation of a Metro Plan amendment. Pursuant to initiation, there would be several public hearings and opportunities for the provision of citizen input. He noted that Mr. Dafoe had been under the governance of the County. He suggested he raise his concerns before the Lane Board of County Commissioners as well. He recommended that the immediate neighbors of the Oregon Horse Center receive notices of hearings, etc, related to the land use actions. Councilor Taylor opposed the land exchange. She felt it important to keep the food supply close to the population. She called the destruction of farm land "foolish." Councilor Taylor asked why Satre and Associates was hired as a consultant. Councilor Taylor reiterated her opposition to the placement of any road by the river. She said she only agreed to the placement of the hospital at the riverside site because it had already been developed by EWEB. Councilor Bettman noted that she had made a motion to buy the park property north of Eugene and the motion was tabled. She did not support the land exchange. Councilor Bettman asked for further information on the status of options for access to the proposed hospital site. She did not feel placement of the road north of the tracks to be necessary. Councilor Bettman also wanted further details on the hiring of Satre and Associates. Mayor Torrey conveyed his support for Mr. Dafoe's horse center. He related that several people had called him to complain about the rodeo held at the center during the previous week and he had admon- ished them to "wait it out" as the rodeo was a temporary activity. He stressed that there was no movement afoot to shut down the Oregon Horse Center. He also underscored the necessity for development of a park for the north Eugene/Santa Clara area. He felt there was a way for the development and the horse center to coexist. He thought the Mr. Dafoe's early involvement in the process would aid in the creation of legislative intent to protect Mr. Dafoe's designated use for the property. He complimented Mr. Dafoe, calling the horse center a "good economic activity." Mayor Torrey urged staff to keep the council and himself aware of any developments in the Crest Drive/Friendly Street process. Mr. Taylor replied that staff was trying to craft a strategy to come up with a plan to "run by" all of the stakeholders. He called it "an important project" and indicated staff's support for involvement of the neighborhood. MINUTES--Eugene City Council July 12, 2004 Page 3 Regular Meeting 3. CONSENT CALENDAR A. Approval of City Council Minutes - May 24, 2004, Work Session - June 14, 2004, Work Session - June 14, 2004, City Council Meeting B. Approval of Tentative Working Agenda C. Appointments to Lane Workforce Partnership Councilor Bettman, seconded by Councilor Poling, moved approval of the Consent Calendar. Councilor Bettman said she submitted corrections to the minutes via email. Mayor Torrey deemed them, without objection, approved. Councilor Kelly stated that he had previously submitted corrections to the minutes. Mayor Torrey, noting no objections, deemed the corrections approved. Roll call vote; the motion passed unanimously, 8:0. 3. PUBLIC HEARING: Mayor's Civic Facilities Visioning Committee Report Mr. Taylor asked Facilities Manager Glen Svendsen to speak to the subject of the public hearing. Mr. Svendsen explained the public hearing on the recommended policy principles had been scheduled at the direction of the City Council. He stated that in addition to the public hearing, an information session was held in the McNutt Room. Ten people attended and their comments were included in the agenda item summary (AIS). He called the action scheduled to take place on July 14, a continuing step in the process, adding that staff would bring a number of options for the public safety building to the July 14 work session. Mayor Torrey opened the public hearing. Jim Hale, 1715 Linnea Avenue, opined that the creation of a Great Civic Street was an example of people being told by experts what they want to hear to justify an important action about which the decision- makers already had made up their minds. He said that just because the people wanted 8th Avenue to look nice was no reason to build a public safety building there. He thought the disadvantage of the site across the street was the Lane County Sheriff's Office (LCSO) was not interested in partnering in a building at that locatiOn. He felt that the City should stay with its goal to partner with other agencies. He did not see a reason for the Police Station to be across the street from City Hall. He felt a better location would be the Fire and Emergency Medical Services (EMS) building on 2nd Avenue and Chambers Street, or perhaps in close proximity to the Lane County Jail. MINUTES--Eugene City Council July 12, 2004 Page 4 Regular Meeting John Lawless, 90 East 26th Avenue, said the last thing to be built on 8m Avenue should be the police facility. He thought a one-block wide swath of potentially energetic street covered by a building and connected to the new courthouse would cause the sidewalks to be "rolled up" in the evening. He recommended that 8th Avenue join with Broadway Street with a crossing at 8th Avenue and Mill Street to the Courthouse District in order to enhance and enliven the pedestrian flow and activity. Kamala Shugar, 125 East 8th Avenue, Room 400, Assistant District Attorney, thought the vision for a justice center model would develop partnerships between public agencies and governmental agencies and would increase public activity at the police station. She related that she had traveled to San Diego, California, to tour a model family justice center. She said it was a city attorney's office that had implemented this model. Victims felt safe there because they knew they were going to get on-site counseling, on-site access to a restraining order petition, and on-site access to an investigator in a safe setting, as well as other beneficial services. She hoped this model could be incorporated on a smaller scale into the Eugene Police Department. She called it "one-stop shopping" for victims of crime. Russ Brink, 132 East Broadway Street, #103, president of Downtown Eugene, Incorporated (DE1), said there was a lot to like in the policy principles. He felt the opportunity to provide the Farmers Market a functional long-term home in the downtown area was one of the more exciting aspects of the plan. He opined that the Farmers Market, along with the Saturday Market, had become a real magnet of activity. He commented that, whether the public safety building was across the street or not, the design charette that occurred had provided a lot of good ideas to consider for the placement of it. Mr. Brink expressed concern regarding the general use of urban renewal money to fund public buildings. He thought the library had been a wise investment of urban renewal money, but urged the council to remember that the real goal of this funding mechanism was to leverage private investment in a particular area. Harriet Cherry, 1944 Alder Street, explained that she was an architect who had participated in the charette. She felt the principles advocated by the Mayor's Civic Center Visioning Committee represented a sound foundation for planning and design and were consistent with the charette and the downtown plan. She suggested the following modifications: · The principles on parking should be renamed "transportation" with the following addition: "The Civic Center should be planned to support multiple modes of transportation including pedestrian, bikes, bus transit, and automobiles. Facilities for each mode should support not only the Civic Center but also surrounding mixed uses." · Add to the principle entitled 'Employ cost-effective development approaches': "The Civic Center should employ sustainable principles of design, construction, and operation. Buildings and places within the Civic Center must be built within the resources available to the commu- nity. Within those resources, it should be treated as an important long-term investment in downtown, a place of excellence, and reflecting community pride." · Add a new principle called 'Mixed Uses': "Design the Civic Center to support mixed uses for an active, diverse, and vigorous downtown. Individual buildings and places within the Civic Center should incorporate places for art, community information, service briefs, coffee shops, displays, and gatherings. Properties in the Civic Center district should include a variety of primary uses such as housing, retail, arts, and others." Ms. Cherry further recommended that the City continue the efforts of the many concerned groups that had MINUTES--Eugene City Council July 12, 2004 Page 5 Regular Meeting participated in the months. Charles Biggs, 540 Antelope Way, opposed the building of a new public safety building. He did not think it was justified. He did not think it likely that an earthquake catastrophe would impact the current police station. He felt the price tag was high and did not adequately take into consideration public opinion. He likened it to throwing money around in the face of the recent budget action which had cut spending in some areas. Robert Cassidy, 1401 East 27th Avenue, expressed concern regarding the placement of the police station in the center of town. He questioned whether there would be adequate parking. He approved of the concept of having public agencies and non-government providers in one public safety facility, but noted that it seemed no one wanted agencies such as Whitebird and those that feed the indigent to be located there. He suggested this did not fit in with the vision of 8th Avenue as a great street. Cheryl O'Neill, 24307 High Pass Road, coordinator of the Domestic Violence Council and assistant director of Womenspace, advocated for the provision of a victim services center within the public safety building. She noted that the victim service providers had a 20-year history of collaboration and were, in many instances, collocated. She stated that this collocation aided people in coping with the stresses of life-shattering situations brought about by domestic violence. She said that, as things were currently located, a person might have to seek help in multiple places in one day. She thought it would be wonderful to have a combined service and to have it be in conjunction with the Eugene Police Depart- ment. She related that there were statewide studies that had indicated that people do not feel comfortable turning to the police and suggested that collocation would increase the trust and confidence the public had in them. Kevin Matthews, 120 West Broadway Street, president of the Friends of Eugene, provided his testimony in writing. He asked those present to look around the Council Chamber, as he felt it was a "nice space." He called the current City Hall a "purposefully non-monumental" building. He thought the structure could have a seismic retro-fit. He opined that Eugene did not have many buildings that approached the caliber of the current City Hall building. He thought there should be a community consensus on the Civic Center and asked the council to slow down and solicit more public input. Mark Rabinowitz, 28549 Sutherlin Lane, listed some of the concepts that had been proposed in the vision of 8th Avenue as a Great Civic Street. He estimated this would cost $100 million to $150 million. He agreed the earthquake threat was real and asked if the City would also retrofit schools, grocery stores, etc. He alleged that the bridge over Interstate 5 was not being built to seismic standards. Mr. Rabinowitz approved of a permanent Farmers Market. He opposed the collocation of victim services agencies in a new public safety building. Regarding the latter, he thought victims could be intimidated by the police. He suggested that, should the public safety building be approved by voters, it should be built to a minimum size. He felt some of the "empty real estate" in the downtown area could be utilized. Lauri Segal, 1210 East 29th Place, opined there was a lack of concern for mixed uses and pedestrian scaled amenities in the policy principles. She also expressed concern that there was no description of public open space. She advocated for more open space and amenities that were interrelated with the built environment. MINUTES--Eugene City Council July 12, 2004 Page 6 Regular Meeting Ms. Segal opposed asking the voters to fund more facilities. She said services were lacking and not facilities. She agreed some seismic retro-fitting was needed, but felt the jail and public defenders needed to be staffed first. She felt there were many empty buildings downtown and more buildings were not needed. Dan Herbert, 1913 Potter Street, suggested that prior to consideration of specific projects, a street design that provided the context for the projects was needed. He felt the City should address setbacks, building heights, landscaping, and the types of uses that were being proposed. Mr. Herbert recommended that a public safety building should include related non-governmental and accessory and commercial uses. He thought such things would add liveliness and activity to the street and to the buildings themselves. He lauded the contribution the caf6 and the book store had made to the library. Mr. Herbert commented that whatever building was constructed, it should be built with future uses in mind. He explained that, as a former architect, he had witnessed buildings that he designed growing into new uses. Zachary Vishanoff, Patterson Street, said he provided a packet of information to the council. He questioned the necessity of new construction. He questioned the fairness with which contracts for construction were awarded. He opined that Eugene sought to be branded and this was being conducted quietly without citizen input. He alleged that the multiple-use property tax exemption (MUPTE) would wipe out low-income housing. He thought smart growth was a bi-product of the United Nations. Mayor Torrey closed the public hearing. Councilor Kelly thanked those who testified for the good information. He said the policy principles were scheduled for adoption at the work session scheduled for June 14. He suggested the council discuss the language and not finalize the wording. In particular, he wished to incorporate Ms. Cherry's suggestion that other transportation facilities be included in the language. Councilor Kelly concurred with those offering testimony regarding the promotion of mixed-use planning. He reiterated his interested in having a policy principle regarding the development of housing. Councilor Kelly asked why the LCSO did not prefer the 8th Avenue location that had been proposed for the public safety building. He also wondered why the Good Times lot location had been dropped from the list of potential building sites. He supported the collocation of non-profit victim service agencies in such a building. Councilor Bettman said she had reviewed a report on the cost for a seismic retro-fit for City Hall and, at the time, the cost had been prohibitive. She asked for updated numbers, given that time had transpired and the estimated cost of the proposed building had increased. City Manager Taylor did not think such figures could be ascertained prior to the upcoming work session, but suggested that given that the project was to be phased in over a number of years, there would be time to further study the costs. Councilor Bettman disagreed that retail uses should be incorporated in public buildings. She observed that many buildings in the downtown area were vacant and this could be tantamount to subsidizing space MINUTES--Eugene City Council July 12, 2004 Page 7 Regular Meeting for retail. Councilor Poling echoed Councilor Kelly's remarks. He thought the reason the sheriff did not want to be involved could be financial. He suggested that the building be planned with future collocation in mind, nonetheless. He was convinced that providing victims of crime one place to go would increase the reporting of crime and aid in the curtailment of it. He supported placing the government services in one area also, stating that currently services were "scattered all over town." Regarding the Eugene Police Department building, Councilor Poling stressed that it was antiquated and over-crowded. He called conditions in the building "deplorable." Councilor Taylor thanked those who testified. She did not think the council was ready to act on the policy principles at the Wednesday work session. She agreed with Mr. Matthews that City Hall was a nice building. She asserted that this opinion had been widely held in the design charette. Councilor Taylor suggested that the Police Department could move into the vacated fire services area. She concurred with testimony expressing concern that two blocks of government buildings would create a dead zone at night. Councilor Nathanson questioned the policy principle which suggested all government functions be consolidated. She did not think this appropriate. Regarding mixed-use, Councilor Nathanson suggested the language be very carefully crafted in order to indicate whether this should be achieved by block, by street, or by neighborhood. She stressed that how it was required could lead to problems in achieving the goal as further regulation could ultimately tie the hands of desired development. Mayor Torrey opined there was merit in the collocation of the sheriff's office and the EPD. He com- mented that one problem was the differential between the City of Eugene's financial capacity and the County's financial capacity. It seemed people outside of the City tended to oppose bond issues, particularly when considering items that seemed to benefit city residents. Mayor Torrey did not believe it necessary to burden the City with long processes to do good acts. He felt there were newspaper articles and television news pieces on the proposals and citizens were being adequately noticed regarding the consideration of a new Civic Center. Regarding 8th Avenue, Mayor Torrey noted there had only been one comment regarding the designation of 8t~ Avenue as a Great Civic Street. He noted that Mr. Lawless had suggested that Broadway Street would be a better Civic Street, but added that he was not opposed to the designation if there was a way to make it compatible with movement, people, and action. He believed that the City could make this accommodation happen. He hoped the designation could be approved so the council could move on the item. Mayor Torrey called for a ten-minute recess. MINUTES--Eugene City Council July 12, 2004 Page 8 Regular Meeting 4. PUBLIC HEARING: An Ordinance Concerning Alarm Systems; Amending Sections 3.005, 3.110, 3.115, and 3.990 of the Eugene Code, 1971; and Repealing Section 3.100 of that Code City Manager Taylor noted that no one had signed up to speak. He said staff had done outreach to the affected stakeholders. He recommended the council take action by unanimous consent. Mayor Torrey opened the public hearing. There being no requests to speak, Mayor Torrey closed the public hearing. Mayor Torrey asked if there was any opposition to taking action at the present meeting. Seeing none, he called for a motion. Councilor Bettman, seconded by Councilor Poling, moved that the City Council adopt Council Bill 4875, an ordinance concerning alarm systems. Roll call vote; the motion passed unanimously, 7:0, as Councilor Nathan- son was excused. 5. ACTION: Initiation of Metro Plan Amendment to Swap Residential Land Inside and Outside ur- ban Growth Boundary and Add 77 Additional Acres to Urban Growth Boundary for Community Park for Santa Clara Councilor Bettman reiterated the tabled motion, as follows: Councilor Bettman, seconded by Councilor Kelly, moved to amend with a substitute motion to direct the City Manager to return to the council with a resolution to purchase the 77 acres, identified for a community park in Santa Clara, at fair market value and to include the provision of exercis- ing eminent domain if necessary. Councilor Kelly offered a friendly amendment to add at the end of the motion the following language: "... and to initiate the necessary Metro Plan amendment to include the 77 acres within the urban growth boundary." Councilor Bettman accepted the friendly amendment. Councilor Kelly preferred to acquire the property. He clarified his intent in his friendly amendment. Councilor Kelly offered the following friendly amendment to his friendly amendment: "... and to initiate the necessary Metro Plan amendment to include up to 77 acres within the urban growth boundary." MINUTES--Eugene City Council July 12, 2004 Page 9 Regular Meeting Councilor Bettman accepted the friendly amendment. Councilor Bettman supported the acquisition of the property. She believed the acquisition of the park land was not inconsistent with the rural character of the surrounding area. She opined that the exchange proposal benefited the developers much more than the taxpayers. She felt the proposal disguised the fair market value and the benefit. Councilor Bettman thought the provision of this sort of benefit to all developers could have provided the City with more proposals to choose from. She termed it subsidization of high-density development. Councilor Pap~ respectfully disagreed with Councilor Bettman. He said that whether the McDougals were receiving something more beneficial than the public was open to discussion. He stressed that the City had heard for years that it had failed to provide the residents of the northern area of Eugene with adequate parks and open space. He felt the land exchange would benefit those residents greatly. Councilor Pap~ asked for an explanation of the funding to purchase the property. Andrea Riner, Parks and Open Space Planning Manager, responded that there were funds set aside from the Parks and Open Space bond measure. Mr. Taylor added that $1 million had been designated for the exchange and would be used for the purchase. In response to another question from Councilor Pap~, Ms. Riner said systems development charges (SDCs) would be used to develop the park site. Councilor Pap6 asked if the land exchange proposal would save the City money. Ms. Riner replied that the exchange proposal would include spending the designated bond funding on the purchase of the Laurel Hill site. City Manager Taylor added that one proposal netted the City 40 acres while the other netted the City 270 acres, based on the best estimates of the fair market values of the acquisition of the property from a willing seller. Councilor Pap~ asked if it was a value to the public to conduct the exchange. City Manager Taylor affirmed it was, adding that it was his recommendation. Ms. Riner stated, in response to a further question from Councilor PapO, that without the exchange the City did not have a willing seller. She said this would mean the City would have to engage in an eminent domain process, which would prolong the wait and cost money. Councilor Taylor felt Councilor Bettman had "done an excellent job" in arguing against the exchange. She supported the amendment. She did not think it was necessary to have 77 acres for the park and would support using the condemnation process to obtain land if it was necessary. Councilor Poling asked the council not to forget Mr. Defoe's testimony. He emphasized the importance of putting the park proposal together with clarity so Mr. Defoe's horse enterprise would continue to thrive. Councilor Poling commended City staff members, stating they had "done their homework." He was convinced that the exchange provided the greatest benefit to the City. He opposed the amendment. Councilor Meisner thanked staff for the informative responses to questions. He also thanked the citizens who worked on comprehensive parks planning. In response to a question from Councilor Meisner, Ms. Riner stated that condemnation had been used for MINUTES--Eugene City Council July 12, 2004 Page 10 Regular Meeting the Willamette Greenway acquisition. Councilor Nathanson believed that citizens were benefiting from a good deal. She felt that purchasing the land outright would make the City pay more for less and would not achieve the protection of and access to the natural area in the South Hills. She called the exchange a solution that would provide the City with two "major assets," would meet the wishes of many citizens who had testified over the years and would not discount the work of many staff people. Mayor Torrey said in 1998, the Parks and Open Space measure called for a large park in the north end of town. He believed this was the best opportunity to provide the best benefit for all of the citizens in Eugene, especially the people who resided in the River Road/Santa Clara area. He said he would not support the amendment in the event of a tie. Councilor Bettman pointed out that the amount of land to be gained in the swap was 207 acres and not 270 acres as had been previously mentioned. Councilor Bettman reiterated her assertion that the land swap was tantamount to a special benefit to the developer. She felt the McDougals were receiving such a huge benefit that they should give the City the Moon Mountain property as well. Roll call vote; the vote on the motion was a 4:4 tie; councilors Meisner, Taylor, Bettman and Kelly voting in favor and councilors Pap6, Poling, Nathanson, and Solomon voting in opposition. Mayor Torrey cast his vote in opposition to the motion and it failed on a final vote of 5:4. Councilor Kelly also thanked staff for the thorough responses. He was confused by what was and was not legally binding in the Metro Plan amendment or in "some other side agreement" associated with it. Ms. Riner said that the public and staff oversight on the project were two-fold; through the Metro Plan amendment and as a co-applicant. She said her division had the ability to review and approve the master plan for the 197 acres, and not just the park. She stated that it would be evaluated in order to determine that it met the purchase agreement. City Attorney Glenn Klein added that, at a minimum, there would be a Metro Plan designation which would come back before the City Council in addition to the amendment to the UGB. He added that the City was both the land owner and the regulator in this situation. He anticipated that a detailed master site plan would be developed in which all the different land uses would be delineated and would be incorpo- rated into legally binding documents. Councilor Kelly noted the City was at the beginning of the park development process. He was uncertain how he would ultimately vote on the issue. He appreciated that there would be specificity in the further planning processes. He suggested that staff consider holding at least one charette style process. Councilor Meisner commented that he had enough qualms about the land exchange that he had supported the amendment. He would, however, support the main motion as it was time to provide the northern area of the City with a park. He called public input "substantial" as to what the park would include and he looked forward to seeing how it would be developed. MINUTES--Eugene City Council July 12, 2004 Page 11 Regular Meeting In response to a question from Councilor Bettman regarding the Laurel Hill property, Ms. Riner explained that the language in the agreement was flexible, but the intention of the acquisition was for ridgeline open space. Mr. Klein added that the property would not develop without City Council approval. Councilor Bettman expressed concern that in five years a different City Council might choose to develop the property differently. Councilor Bettman did not see how a buffer on the Santa Clara site could be wide enough to protect an estimated 1,000 housing units from the activity at the horse center. She recommended that Mr. Defoe protect his interests. Councilor Pap6 said it was past time to develop a community park in the Santa Clara area. He read aloud from pages 202 and 203 of the Agenda Item Summary, which affirmed that the park was aligned with the goals of the City and the land swap was considered to have the same or greater benefit to the citizens of Eugene than it did to the developer. Councilor Kelly felt it would behoove all who were involved if, as the master plan was developed, a check-in time with the City Council was scheduled in order for the council to weigh in on the parameters of it. He agreed that it was past time to provide a park for the Santa Clara area. He voiced his reluctant support for the vote on the initiation of a Metro Plan amendment. He did not feel he had enough information to vote on the land exchange at the present time and hoped the council would learn more through the public hearing processes. Councilor Taylor opined that money was being wasted on the process and conveyed her hope that the public was aware of this. Roll call vote; the motion passed, 6:2; councilors Taylor and Bettman vot- ing in opposition. Mayor Torrey adjourned the meeting at 9:50 p.m. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Ruth Atcherson) MINUTES--Eugene City Council July 12, 2004 Page 12 Regular Meeting ATTACHMENT C MINUTES Eugene City Council Work Session McNutt Room--City Hall July 14, 2004 Noon COUNCILORS PRESENT: Bonny Bettman, George Poling, Nancy Nathanson, Scott Meisner, David Kelly, Betty Taylor, Jennifer Solomon, Gary Pap& His Honor Mayor James D. Torrey called the meeting of the Eugene City Council to order. A. WORK SESSION: Civic Center Vision Next Steps City Manager Dennis Taylor said years of work had gone into the discussion for the present meeting. He asked Assistant City Manager Jim Carlson to summarize the information in the packet. Mr. Carlson thanked City staff members Sue Cutsogeorge, Glen Svendsen, and Mike Penwell for the comprehensive work they had done in developing the information for the agenda packet. He provided an overview of the information provided in Attachment A: Council Action History on Downtown Space Plan. Mr. Carlson stated that staff had provided revisions to the policy principles that were based on comments received through the public process. He said the major changes included broadening the parking principle to address all transportation modes, adding sustainability to the cost-effectiveness principle, adding a principle related to the desire for mixed-use along 8th Avenue, and adding a specific principle related to the inclusion of housing opportunities along 8th Avenue. He conveyed staff's belief that the process had resulted in an improved set of guiding principles and staff' s recommendation for approval. Mr. Carlson said the second policy issue to be considered at the present meeting was the location of the police facility and City Hall. He recalled that the council had unanimously adopted the Eugene Down- town Plan in April, and at the time there was a policy in the Great Streets section that stated the City should strongly encourage the location of significant civic buildings along 8th Avenue. He related staff's recommendation for approval of Option 1, wherein City Hall would be redeveloped at its current site and the Community Safety Building would be built on the City-owned parking lot that was located across 8th Avenue from City Hall. Mr. Carlson explained the third policy issue to be considered at the work session, and asked for direction from the council on the next steps for the Civic Center vision. He listed five suggested options and briefly discussed each, as follows: · Option A: Allows the City to build a new Community Safety facility that would meet current needs with internal financial resources. Some of these resources were still subject to final litigation. MINUTES--Eugene City Council July 14, 2004 Page 1 Work Session · Option B: Takes Option A and adds elements taken from the civic visioning exercise, both the charette and the Mayor's Civic Center Visioning Committee, and would include addi- tional space for private non-profit victim service providers in the Community Safety building, allow for expansion of the downtown park blocks, and provide some streetscape improve- ments along 8th Avenue. This would require asking the voters for a $12.6 million general ob- ligation (GO) bond in November. · Option C: Shows what a 20-year community safety facility would look like including Civic Center amenities, considered the ideal Community Safety Center with full consolidation and room for expansion and accompanied by two financial strategies, C1 and C2. · Option D: Shows the cost of replacing all of the functions that currently exist in City Hall as well as consolidating the other City office function located in the downtown area. This op- tion included two new buildings to be constructed on current City-owned land. Some addi- tional internal funding was possible in this scenario based on some ongoing contributions to the facility reserve over time. Mr. Carlson commented that, while Option D was optimal in resolving all of the downtown space needs, staff was recommending the more modest incremental step outlined in Option B. He added that all of the options were within the debt policy limits passed by the Budget Committee, but Option D would leave the City without very much capacity for additional bonded debt in the short-term. He noted the July 21 work session would focus on the potential bond measure. Mayor Torrey called for a motion on the issue. Ms. Bettman, seconded by Mr. Poling, moved that the council adopt the "major policy principles" proposed by the Mayor's Committee, as re- vised. Mayor Torrey solicited council comments. Mr. Meisner anticipated that he would support the motion. He thought the wording "consolidate civic functions" was unclear. He wished it to clearly state that one of the goals was to combine City offices. He remarked that he had not heard unanimity regarding the placement of other government partners in the building, but he had heard unanimity regarding the consolidation of City functions. Mr. Meisner offered a friendly amendment to change the language, as fol- lows: "Consolidate civic City functions in and around the future Civic Cen- ter...'' The maker and second of the motion accepted the friendly amendment. Mr. Meisner was uncertain whether the inclusion of housing opportunities needed to be a stand-alone policy principle. He questioned whether it was appropriate to situate housing next to the courthouse or the police station. He wondered if this was the intent of the policy principle. Mr. Kelly expressed appreciation for the fast staff turnaround in regard to incorporating the hearing comments, adding that the principles had been improved by the changes. He felt there was value in having housing called out separately, particularly because it could add to the life of a street in a different MINUTES--Eugene City Council July 14, 2004 Page 2 Work Session way than commercial enterprise. He liked the word "additional housing," as it delineated it from existing housing. He thought there was merit in having housing in the same building with civic functions. Ms. Bettman noted that the policy principle regarding housing did not mandate housing be developed but rather suggested housing opportunities should be explored. As such, she was amenable to allowing the policy to remain as written. Ms. Bettman asked staff to define "urban campus." Mr. Carlson responded that it recognized that there were multiple buildings and not that the civic functions of the City and County were consolidated in a single building. Ms. Bettman liked the idea of having the different jurisdictions grouped within the same area, but did not approve of having them built contiguously. She wanted the legislative intent of the language to be clear. Ms. Nathanson did not want to preclude evening and weekend pedestrian activity by covering full blocks with government buildings. She commented that the part of town covered by the City Hall and County buildings felt like a barrier to people. She asked to what extent the City intended to consolidate its functions. In response to the council's comments, Mr. Taylor said that the long-term vision sought to optimize consolidation. He said the proposal had a range of options that included all of the City functions that were currently being leased out. He noted that the only options not directly addressed were the ideas of bringing the forensics building and the property control building within the community safety structure and, additionally, the notion of the inclusion of non-profit victim service providers. Mr. Carlson added that the only reason the City rented space was that it did not own enough property in the downtown area. Ms. Nathanson pointed out that the downtown vision and plan emphasized the inclusion of housing within the mixed uses. She did not think it necessary to have a separate item regarding housing in a document that addressed the development of a Civic Center. She noted there was language regarding the fostering of mixed uses and suggested that the emphasis on housing be added to this language. Mr. Pap~ also thanked staff for the quick turnaround. He wondered if the designation of 8th Avenue as a Great Civic Street, as per policy principle (2), should be extended from Charnelton Street. Mr. Pap~ offered a friendly amendment to change policy principle (3) so that it did not refer to the courthouse area as "Cannery Square." The maker and second agreed to the amendment. Mr. Pap~ offered a friendly amendment to change policy principle (6) so that the second sentence read: "Facilities, including parking, for each mode should support not only the civic center but also surrounding mixed uses." The maker and the second accepted the friendly amendment. Ms. Nathanson offered a friendly amendment to include policy principle (9) with policy principle (8) and not to call it out separately. The maker and second of the motion accepted the amendment. MiNUTES--Eugene City Council July 14, 2004 Page 3 Work Session Mr. Pap6 moved to amend the motion so that policy principle (2) indi- cated that the "civic promenade" began at Charnelton Street and not Wil- lamette Street. The motion died for lack of a second. Ms. Taylor asked why it was urgent to adopt the principles. Mr. Carlson replied that staff was trying to make forward progress. Ms. Taylor asked staff to determine how much space would be freed up if the Human Rights Commission could be moved into the Eugene Police Department and Fire and Emergency Services Department portion of the building once the departments moved out. Ms. Taylor expressed concern that adoption of the document would make the City Council "wedded" to it. She supported having proximity of services, but did not necessarily feel the services should include public safety. She did not want the City to commit to having the public safety activities next to the Civic Center. She asked if there had been any thought on whether just the services the citizens needed to use should be the services housed in the Civic Center. Mr. Meisner asked to what extent the City intended to talk to the County. He noted the County's recent purchase of a property to house the elections portion of local government. Mr. Carlson replied that the City had specifically included the LCSO and the county administrator on the Mayor's Civic Visioning committee to ensure this communication occurred. The motion, as revised and amended, passed, 7:1; Ms. Taylor voting in opposition. Ms. Bettman, seconded by Mr. Poling, moved that the council adopt Op- tion 1 for siting a City Hall and Community Safety Building. Mr. Kelly asked why it had been said at the public hearing that the 8th Avenue location was not the sheriff's preferred site for collocation. Mr. Carlson responded that he did not have the sense that the LCSO did not prefer the site, but rather, that it was a financing issue. He noted that part of the sheriff's facility was the intake center for the courts and this function would not work at the 8a' Avenue site. In response to a second question from Mr. Kelly, Mr. Carlson stated that the Good Times lot presented practical operational issues as it was adjacent to the raised viaduct. He said the site had received minority support in the design charette and also was too small. Mr. Kelly offered a friendly amendment that would retain the possibility of rebuilding City Hall and a future Public Safety building at the current block and a half City Hall site. The maker and the second accepted the amendment. Mr. Carlson pointed out that redevelopment of the City Hall site would make phasing of the construction difficult. Ms. Taylor said she could only support expanding City Hall. MINUTES--Eugene City Council July 14, 2004 Page 4 Work Session Mr. Carlson said, in response to a question from Ms. Taylor, the public safety building could be oriented toward High Street. Mr. Pap~ called it critical to push hard to get the public safety, the police and the sheriff's office, into one building. Ms. Bettman supported the motion. She did not read the motion as excluding the possibility that there would be a consolidated facility. She reiterated her opposition to combining the City police and Sheriff's Office. She approved of the 8th Avenue site because the City already owned it. In response to a question from Mr. Poling, Mr. Carlson explained that there were different seismic building standards for the Police Department than for the City Hall. Mr. Poling asked if this would increase the cost of the City Hall building. Mr. Carlson affirmed this. Ms. Nathanson supported the motion. She respected the work of the people who were asked to advise the process. While she did not support consolidation of all civic functions, she thought that consolidation based on function would be beneficial. She reiterated her concern that a multi-block Civic Center would create a "dead zone" at night. Mr. Kelly asked what the implications were of constructing the two buildings side by side in order to address the different levels of seismic preparedness. Mr. Kelly reminded the council and staff that one possibility was a "lease-to-own" structure. He asked staffto pencil out the costs and provide the figures to the council. The motion passed, 7:1; Ms. Taylor voting in opposition. A third motion was deferred until the next work session. B. WORK SESSION: Parks, Recreation and Open Space Bond Measure Discussion Andrea Riner, Parks and Open Space Division Planning Manager, expressed appreciation for the public support the division had received. She said it was gratifying to know that in these fiscally constrained times, the public was willing to consider a possible bond measure for the improvement of existing parks. She noted that issues regarding parks maintenance and operations were consistently raised when staff met with neighborhood groups for planning and design of neighborhood parks. She listed the projects that have been or will be completed with funds from the 1998 bond measure. Ms. Riner stated that as the first step in understanding deferred maintenance, a Parks and Open Space inventory had been completed and presented to the Mayor's Committee on Parks, Recreation, and Open Space. She conveyed the commitment of staff and the mayor's committee to complete a comprehensive and detailed Parks, Recreation, and Open Space plan. She said it would be ready by 2006, but would not be available prior to a bond measure in 2004. Mayor Torrey called for council comments and questions. MINUTES--Eugene City Council July 14, 2004 Page 5 Work Session Ms. Nathanson commented that, having attended the mayor's committee, there were interesting, big-scale ideas presented to the committee. She recommended that staff choose projects that would be undoubtedly included in a comprehensive plan should the council choose to pursue a bond measure in the fall. She expressed concern that existing parks needed improvement as they were showing signs of age and use. Some parks simply needed modernization. She advocated for working toward more equity as some neighborhoods were underserved, especially those in north and west Eugene, and suggested more programming diversity should be pursued due to the increase in mean age within the community. Ms. Nathanson opined that the needs of senior citizens were being generally ignored. Mr. Meisner thought a discussion on a fall bond measure for parks and open space without the parks master plan and how it fit with other pieces such as stream corridor acquisition or the Goal 5 inventory process was premature. He also opposed setting a bond measure into motion without a comprehensive solution for maintenance and operations. He commented that the City should not talk about building a new pool only one year after discussing the closure of an old one due to financial issues. Mr. Meisner noted that he had been lobbying the Parks and Open Space Division to replace benches in the park and a number of them had been replaced. He said part of the comprehensive planning should include such amenities. Ms. Taylor disagreed with the perception that there were more parks in south Eugene than in other neighborhoods of the city. She asserted that the City would not need to maintain open space, and this would reduce such costs. She thought the City should purchase open space and thereby preserve it. She supported sending the voters a fall bond measure to preserve land and also because she did not believe a bond measure for a new police building would be approved. Once approved, she advocated for bringing the public "in on the details" when planning. Mr. Kelly felt the work on a comprehensive plan was far enough along that a list of needs could be devised. He supported placing a bond measure on the ballot in the fall. He echoed Ms. Taylor's concern that there was not public support for a police measure. He said the parks bond measure had enjoyed 72 percent support. He added that land costs were rising and the amount of land available was disappearing. He circulated a "straw man" list that was a compilation of emails he had received from Art Farley, Steve Johnson, and Roxie Cuellar of the mayor's committee. Mr. Pap~ was undecided about what direction to take. He expressed his unequivocal support for parks in Eugene, calling it a service that serves more citizens than any other. He related that the council had, in the past, indicated it wanted to use the tax increment increase that came in every year to take care of the deficiency in operations and management. This had not been done. He said his support was conditioned on solving the operations and management problem. He stressed the importance of acknowledging the change in land inventory within the urban growth boundary (UGB) when land was acquired for parks purposes. Ms. Bettman commented that the City had invested $200,000 in the committee's work. She felt the results should inform the composition of a bond measure. She said she might have been persuaded if the City aimed to acquire land for future parks development. As this was not planned, she did not support placement of a bond measure on the upcoming ballot. She stated that her highest priority was the construction of the public safety building and a new Civic Center. MINUTES--Eugene City Council July 14, 2004 Page 6 Work Session Mr. Poling advocated for allowing the division to complete its comprehensive plan prior to placement of a bond measure on the ballot. He opined that it was important to identify and save some of the land in the community for park space. Mayor Torrey felt there was a tremendous opportunity to pass a bond measure in November. He listed five "pet" projects he would hope to see completed, should it be approved: · Development of fields in the Sheldon area, as school closures were causing soccer fields to be taken out. He supported replacing lost fields with new fields near those owned by the 4J School District. He thought it possible to forge a long-term agreement to partner in the main- tenance of the fields; · The Echo Hollow Pool; · The Wetland Education Center represented a "tremendous" opportunity to construct a build- ing for the education program; · An urban downtown park; · The purchase of open spaces, which cost little in operations and management and were disap- pearing quickly. Mayor Torrey declared he would not support the bond measure in the event of a tie. He stressed the importance of a decisive vote when sending a bond issue to the voters. Mr. Kelly felt the public was "rolling" with this and represented an opportunity to be seized. He asked for staff and committee reaction to council input and to the "straw man" list of projects. Ms. Nathanson suggested that staff develop a proposal on what a bond measure would include. She was uncertain the public would be as supportive of a bond measure that only acquired open space. Ms. Nathanson conveyed the committee's emphasis on the provision of access to parks so that all people could easily get to them and easily traverse them. Ms. Nathanson expressed uncertainty regarding the development of an expensive urban park in the downtown area. Ms. Taylor said the mayor had raised an important issue. She also felt the loss of school fields was an impetus for lands acquisition. She also agreed that Echo Hollow Pool should be upgraded. She supported the purchase of the "butterfly" parking lot on 8tl~ Avenue and Oak Streets. Mr. Pap~ asked if systems development charges (SDCs) would be used to develop the Willakenzie School site. Ms. Riner replied that the division had the money to buy the property and then would have to do some prioritization. She noted that the bond measure included acquisition of 12 neighborhood park sites. In response to another question from Mr. Pap6, Ms. Riner said the division would continue to work on the projects from the last bond measure for the next two years. Mr. Meisner agreed the council should act from a plan and not from opportunism. He hoped the committee, in developing a master plan, would also prioritize activities and acquisitions. Mr. Meisner approved of the use of the northwest Park Block as an urban park. MINUTES--Eugene City Council July 14, 2004 Page 7 Work Session Mr. Taylor said the question on the bond measure was not "if," but "when." He said that when the City Council and staff had done things well and had been successful in engaging the interest of the community, it had done them in a thoughtful and methodical way. He predicted the support would be stronger when the end results being sought were better known. Ms. Bettman remarked that senior citizens would need parks that were "more of a corridor" as activities for seniors tended to involve walking. She suggested the committee take this configuration into consideration. Ms. Nathanson asked if the council was anticipating that staff would work on a rough outline of a bond measure. Ms. Taylor reiterated her concern that land for open space would only increase in value, should the bond measure be delayed until 2006. Mayor Torrey polled the council to determine whether there was support for such an outline. There was not majority support for it. The meeting adjourned at 1:28 p.m. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Ruth Atcherson) MINUTES--Eugene City Council July 14, 2004 Page 8 Work Session