Loading...
HomeMy WebLinkAboutCCMinutes - 05/10/04 Mtg MINUTES Eugene City Council Regular Meeting Council Chamber--Eugene City Hall May 10, 2004 7:30 p.m. COUNCILORS PRESENT: Bonny Bettman, George Poling, Nancy Nathanson, Scott Meisner, David Kelly, Betty Taylor, Gary Papd, Jennifer Solomon. CITY COUNCIL MEETING His Honor Mayor James D. Torrey called the regular meeting of the Eugene City Council to order. He noted that Ms. Solomon was excused for the first part of the meeting. 1. CEREMONIAL MATTERS - Proclamation of Police Week Mayor Torrey read a proclamation declaring May 18-25, 2004, to be "Police Week." Those present applauded the officers there to receive the proclamation. - Proclamation of Older Americans Month Mayor Torrey read a proclamation declaring May 2004 to be "Older Americans Month." He specifically recognized the contributions of Eugene citizens Thomas Kerns, Alice Plymel, Anna May Herbert, Alan Marshall, Kay Porter, Sharmane Coleman, and Wilma Crow. Those present recognized the individuals mentioned with a round of applause. 2. PUBLIC FORUM Mayor Torrey reviewed the rules of the Public Forum. Noting there were more people signed up to speak than the time allotted for the forum would allow, he asked the council president to place a motion before the body. Ms. Bettman, seconded by Mr. Poling, moved to increase the time for the Public Forum to one hour and to give each speaker two minutes to speak. The motion passed unanimously, 7:0, Ms. Solomon not having arrived at the meeting. Bruce Miller, PO Box 50968, Eugene, shared photographs of improvements he believed were needed in downtown Eugene and noted he had provided copies of the photographs and a list of the members of Downtown Eugene, Inc. (DE1). He called for improvements in downtown and for DE1 to move to the Eugene Hilton Hotel. Mr. Miller criticized the council's decision to sell the library for "only" $1.2 million. Eugene Enge, 2021 West 26th Place, representing the Eugene Opera, discussed the economic benefits of Eugene's resident companies. He said the companies provided employment and purchase locally. Through grants, dollars were imported into the community. Without the companies, he said, the community would not be as economically viable in attracting new businesses. He was personally aware of one company that chose to remain in Eugene because of its president's interest in the arts. Prices were affordable. He expressed disappointment with rising costs and reduced services, such as the decreased Hult Center box office hours. Jill Schwab, 90 East 40th Avenue, expressed hope the council would limit big box retail stores in Eugene. She called for a moratorium on retail businesses over 50,000 square feet. She said such establishments hurt the community economically. Communities are worse off when chain stores dominate their economies. Local businesses keep dollars in the community and support local employment. Ms. Schwab said studies show big box retail uses consume as much in taxes as they generate. She hoped that during the council's upcoming work session, it would consider the ordinances passed by other jurisdictions, which included limits on size, design review, and limits on uses. She asked the council to consider ways to support local businesses. John VanLandingham, 335 North Grand Street, identified himself an affordable housing advocate and Legal Services lawyer specializing in landlord-tenant law. He thanked the council for its support for affordable housing. He discussed the housing standards issue. Mr. VanLandingham said that 20 years ago he chaired the City Joint Housing Committee and had testified in favor of repealing the housing code with the understanding the council would return with a better housing code when the vacancy rate had declined. He said the State had four remedies to enforce the State's housing code but none were as good as the enforcement mechanism the council was being asked to consider. Mr. VanLandingham believed the City had an interest in protecting the health and safety of tenants as well as an interest in protecting the appearance of neighborhoods. He briefly reviewed the remedies available through the State. Sara Craemer, 1000 Patterson Street, representing Eugene Citizens for Housing Standards, briefly noted the coalition's partners. Many others were in the process of joining. She asked the council to prioritize the issue of rental housing and establish a housing standards ordinance that protected renters, who constituted a third of the community's residents. She asked for local enforcement of State laws. Ms. Craemer suggested the City's ordinance cover structural integrity, weatherproofing, heating, and plumbing. Debra McGee, 29755 Lusk Road, asked why Wal-Mart had the right to expand and the community had no right to stop it. She asked if developers' money spoke more loudly than the voice of citizens. She did not know if citizens would support allowing Wal-Mart to expand, but she thought it should be put to a vote of the elected officials. She supported Ms. Taylor's motion to place a six-month moratorium on such developments, saying it would provide time for real community debate. Michelle Loew, 1545 Bogart Lane, said she left her previous residence because she was given notice for complaining about a nonfunctioning toilet. When she called to let her landlord know the toilet was not functioning, the landlord was not responsive about when it would be fixed. She had gone without a toilet intermittently. When she won an argument with her property owner about the necessity of having a toilet, she received a notice to vacate the premises. She thought having a toilet was a human rights issue. She believed the issue of housing standards was a class issue, and that the interests of low-income residents were inadequately represented on the council. She said she would continue to work for adoption of housing standards. Scott Lu, 1805 Garden Avenue, #24, represented the Oregon Students of Color Coalition. He thanked the council for scheduling a work session on housing standards. He advocated for the adoption of housing standards, saying there are many people of color living in substandard housing, which he attributed to the City Council. The State remedies placed a large burden on tenants. The tenant had to contact the courts two days ahead of time to arrange for a translator. Going to court cost money. He called for a local enforcement mechanism that did not intimidate tenants. Housing was a human rights issue. Ron Teninty, 999 Brookside Drive, supported a moratorium on big box development to allow for the community to debate the issues. He acknowledged some such businesses were good community citizens while others relied on the taxpayer to subsidize their operations. He cited Wal-Mart as an example of the latter. He advocated for standards allowing the community to discern which developments were good and which were not. He provided staff with additional names of people in opposition to big box developments. David Hinkley, 1350 Lincoln Street, #6, represented the Lincoln-Westside Neighbors. He said the association supported housing standards as being in the best interests of the neighborhood. He said that homeowners supported the standards as a way to improve the neighborhood's appearance; renters supported them as a needed protection. He noted that process of going to court took longer than the eviction process. Mr. Hinkley emphasized the importance of an enforcement mechanism. Adam Petkin, 625 East 13th Avenue, #5, incoming Student Body President at the University of Oregon (UO), said the establishment of housing standards was a major priority for his administration. He spoke of a situation in Minneapolis where students were killed due to smoke inhalation. The property management company involved had more than 660 complaints over seven years, but the City of Minneapolis did not respond until after the deaths. He thanked the council for scheduling a work session on the issue. He thought housing standards in Eugene were long overdue. The State system was inadequate. Eugene was the largest city in the state lacking such standards. He asked the council not to wait until a tragedy occurred. George Kjaer, 814 Lorane Highway, represented the Eugene Glass School, which was celebrating its fifth anniversary with a party on May 15, to which he invited the council. He reported that David Kline from the Sonora Glass School of Tucson, Arizona, recently visited Eugene and informed him that the City of Tucson had given him a grant and building to start a glass school. In addition, he noted that Lincoln City in Oregon recently started a glass studio and was trying to start a school as a result of the efforts of Brian Duncan, who originated the 2000 glass floats project. That effort doubled Lincoln City's winter motel occupancy rates. He asked the council to consider the school's contribution to the community, and suggested the council consider a week in October prior to an annual function conducted by the school to designate as ~Glass Week." David Sherman, 3810 Watkins Lane, was present with other members of the International Alliance of Theatrical Stage Employees (IATSE). He said IATSE rarely came to council meetings but on the occasion of its 75th anniversary wished to let the council know they were the people working backstage; if they were not seen, they were doing their jobs well. He recalled the local history of IATSE, from 1929, two years before movies had sound. Mr. Sherman noted that IATSE had worked with the Hult Center from its inception, sometimes doing highly technical work. Ruth Maura Atcherson, 325 Crocker Lane, speaking as a member of IATSE Local 675, said union members were present to put a face on the union. She spoke of the many tasks performed by IATSE members, and said it was the union's goal to make everything backstage happen seamlessly and if as by magic. She termed herself a ~theater nerd" and said union members loved their jobs. She described the tasks she had performed at recent Hult Center events. She felt blessed to work in such a fine facility, and said she heard nothing but compliments from those who came to Eugene with road shows, who were thankful to encounter experienced union crews due to the amount of money involved in putting on such an event. David Paul Black, 3010 Olive Street, also represented IATSE. He said IATSE had been serving the community for many years and had worked at close to 6,000 shows at the Hult Center. He appreciated the union's relationship with the City and welcomed its input. He said the Hult Center was a local masterpiece. He encouraged the council to strive for excellence as the union did when it worked on each show. He spoke of the benefit to the community of the arts and recreation. Mr. Black said the traveling shows as well as the smaller shows spoke favorably to each about Eugene as well. He looked forward to a continuing relation- ship between IATSE and the City. Gary Gillespie, 790 East 23rd Avenue, encouraged the council to reconsider its decision not to place a moratorium on big box stores. He continued to have questions about the expansion of Wal-Mart, such as questions about its impact on nearby wetlands. He asked why Eugene would encourage a business in direct competition with union positions. Employees of Wal-Mart supercenters made 30 percent less per year than comparable employees who work in the same field. One of every 115 Americans already worked at Wal- Mart, which had inadequate health benefits that cost employees a great deal out-of-pocket for minimal coverage. He pointed out that Wal-Mart based its advertising campaigns on what it had been sued for in the past, such as not hiring minorities and women in management positions. Gary Lyle, 1615 Oakpatch Road, said that businesses with no regard for wage and hour laws and that mm to the tax payers for subsidies were not good corporate citizens. He called for more community input into the subject of big box retail developments. Bruce York, 349 Suburban Avenue, noted his background in the retail grocery industry, which provided him with a decent wage, benefits, and a pension plan. His company's attitude toward its employees had changed since Wal-Mart came to town. Grocery companies were seeking wage concessions and reductions in benefits to compete with Wal-Mart. He advocated for a council discussion on the subject of big box retail uses, and for community input into that process. He said such developments were a drain on tax payer dollars. Art Farley, 1667 Fairmount Boulevard, noted the presence of three members of the Mayor's Advisory Committee on the Comprehensive Parks Plan. He supported the council's decision to hold a work session on a possible ballot measure related to parks. He called for a bond measure to support acquisitions and a levy to support ongoing operations. He did not think an increase in the operations and maintenance budget could be ignored. He said the committee would provide a possible list of projects prior to the work session. Citizens want more park amenities, and should be given an opportunity to support a measure. Roxie Cuellar, 2050 Laura Street, Springfield, a member of the parks planning committee, encouraged the council to hold a work session on a bond measure and levy. She said the parks planning process made it clear there were deficiencies in the system. It was easier to pass such a measure during a general election. In addition, interest rates were currently low. A three-year delay could see interest rates increases. She said the committee's proposal would be for a variety of parks serving all areas of the community. The amount would be affordable. She pledged to work on a campaign for a new measure, and thought the homebuilders' history argued its support for such a measure. Steve Johnson, 1825 Longview Street, supported a work session on a parks and open space measure. He acknowledged the short time line before the election but did not think that the council would lack options to take to the voters. He said the City was far below national standards in regard to parks. The money from the last bond measure would be spent before the new bonds were sold. He wanted to "keep the ball rolling" on parks improvements and acquisitions. He believed the City had been clear in the past when communicat- ing with the voters that more was needed, and hoped that the measure was one of six or seven more he would see proposed. He also pledged to work for the measure, and noted the formation of a new Parks Foundation, which could also work on such a measure. Patrick Munyon, 1560 Chasa Street, supported a moratorium on big box retail and a study of their impacts on the community. He said the majority of Wal-Mart jobs left people in working poverty. He asked the council to preserve existing clean jobs in the community. Mr. Munyon also supported fair housing standards for rental housing, such as that modeled on that of Corvallis. Maddy Melton, 957 Chambers Street, outgoing University of Oregon Student Body President, asked the City to create a local enforcement system for the State housing standards. She thought the current system inadequate and called for a local system based on the Corvallis model. John Evans, 2355 West 14th Avenue, supported a moratorium on big box retail uses. He said businesses such as Wal-Mart are a drain on the economy. They pay low wages and encourage their employees to seek public assistance. In addition, Wal-Mart was anti-union. He was concerned about Wal-Mart's policy of driving down wages to third-world levels for the sake of corporate benefit. He thought Wal-Mart was at odds with American values such as respect for employees and investing in local communities. Steve Stevens, 572 Jefferson Street, a union grocery worker, discussed the impact of big box retail on communities. They drove down wages and forced the closure of local businesses. Increased competition from new supercenters in southern California would have a drastically negative impact on union employees. Taxpayers subsidized Wal-Mart's unwillingness to pay family wages in the form of housing, food, and wage subsidies. Wal-Mart shopped around the world for the cheapest goods, and the workers in those countries were treated even worse than Wal-Mart employees. While the company operated within its legal rights, it was at a high moral cost. Kathy Ging, 2787 Harris Street, noted the high percentage of Eugene residents who lived in rental housing and advocated for the establishment of local housing standards. She thought the cost of such a program nominal contrasted to high rents. She said she was a landlord but recognized that some landlords were not responsible. Ms. Ging supported the Corvallis model. She suggested that, given increasing densities, it was essential to prevent fires from electrical hazards. She pointed out that additionally, insulation improvements saved tenants money. Ms. Ging noted that the Amazon Community Neighbors had recently endorsed housing standards. Ms. Ging noted that Wal-Mart proposed to institute radio-frequency identification in all products. She urged the council to visit the Web site www.stoprfid.com Patrick Costello, 474 Brookside Drive, said he was part-owner of an apartment complex in the Whiteaker area, and a survey of his tenants indicated many were low-income. He suggested that housing standards, if adopted, be applied to both owner-occupied and rental housing. He said he would merely pass the costs of such a program on to his tenants, and suggested that would disproportionately hurt the low-income people in the community who lived in such housing. Mr. Costello said that $8 did not sound like much to some, but to those on a fixed income paying more than half their income in rent, it was a lot. Dawn Balzano Peebles, 2715 Jefferson Street, reviewed statistics that indicated a high percentage of Wal- Mart employees were low-income and eligible for food stamps. She noted the high combined net worth of three of the Walton heirs, and the fact the company sought $10 million in tax subsidies from a Colorado community. She noted that Wal-Mart had advertised heavily as buying American but purchased $12 billion in merchandise from China in 2001. Ms. Peebles said that as a mother, she was concerned about her children's future. In addition, to have a modest retirement, she needed to save $5,000 and earn eight percent return on her savings every year until age 65 to retire. She asked how she could do that if she worked at Wal-Mart. Mayor Torrey closed the Public Forum and called on the council for comments. Mr. Kelly thanked all those who spoke during the Public Forum. Regarding the housing standards, he clarified that the fee contemplated per unit was $8 year, not $8 per month. He thought the Corvallis model worked and the City needed no further study. He appreciated the comments made about big box retail uses. He expressed interest in knowing more about what communities could legally do regarding standards for such uses that did not violate interstate commerce laws. He also wanted examples of communities that instituted community standards, as opposed to land use standards, as a condition for such uses to locate. Mr. Kelly thanked IATSE members for the first-class, fine work they did at the Hult Center and Cuthbert Amphitheatre. Mr. Kelly determined from City Manager Dennis Taylor that no work session on a parks bond measure had been scheduled. Mr. Taylor suggested a June work session could be scheduled for further discussion. Mr. Kelly wanted some statistically valid surveying on the topic. Mr. Kelly supported the proclamation sought by Mr. Kjaer and thanked the glass school for the good work it did. Ms. Taylor echoed the remarks of Mr. Kelly and thanked the members of the housing standards coalition for their efforts. Ms. Taylor noted the failure of a motion she had offered to the council to establish a moratorium on big box retail uses and asked those supporting the moratorium to be persistent. She also thanked those who provided information regarding the issue. Ms. Taylor said she was ;;always for parks." Mr. Pap6 thanked those who spoke for attending the meeting. He agreed with statements made by Ms. Nathanson at an earlier meeting; it was not that the community did not have housing standards, it lacked standards with regard to mold and spores and he questioned whether the City had the resources to create those standards. He said the issue was enforceability rather than standards unless something could be done about mold. Mr. Pap6 noted he had been on the council for six years and Mr. Meisner had been on for eight years, and this was the first time the issue of housing standards had formally come before the council in that time. Mr. Pap6 thanked Mr. Johnson, Mr. Farley, and Ms. Cuellar for their work on the parks planning committee. Ms. Nathanson noted her previous work on housing standards. She said no one had referenced a 1997 report on housing standards done by Marshall Kandall that she hoped council members would review. It had proposals for solutions. Ms. Bettman apologized that the council had to reduce the time available for individual speakers during the Public Forum. She thanked those who testified and said it was heartening to see so much participation about such a wide variety of issues. She indicated she would like to hear more about the topic of electrical services during the upcoming work session. Regarding the possibility of the council holding a work session on a parks funding measure, Ms. Bettman indicated she would like to see some firm numbers associated with the committee's proposal and how that would impact a potential bond measure for a civic center and the impact of compression. In addition, she would like information about the increased cost of operations and how that would impact the library, for example. Mr. Poling noted his attendance at a recent performance of "Miss Saigon" and thanked IATSE members for the work they do. Speaking to the issue of housing standards, Mr. Poling indicated his interest in more information and thanked Ms. Nathanson for offering the council a motion to hold a work session on a date certain, allowing staff to get more information and the council to hear from more members of the public. He said such a program would need mediation and arbitration as well, and hoped to hear more about those topics at the work session. Mayor Torrey called for a five-minute break. Ms. Nathanson left during the break. 3. CONSENT CALENDAR A. Approval of City Council Minutes - February 20, 2004, Goals Session - February 21, 2004, Goals Session - March 8, 2004, City Council Meeting - April 12, 2004, City Council Meeting B. Approval of Tentative Working Agenda Ms. Bettman, seconded by Mr. Poling, moved to approve the items on the Consent Calen- dar. Ms. Bettman noted her submission of corrections to the minutes. Mayor Torrey deemed them accepted as submitted. Roll call vote; the motion passed unanimously, 6:0; Ms. Nathanson was excused for the balance of the meeting, and Mr. Pap~ was out of the room at the time the vote was taken. 4. PUBLIC HEARING: An Ordinance Concerning the Downtown Area; and Proposed Amendments to Sections 3.344, 4.871, and 4.872 of the Eugene Code, 1971 Mr. Taylor said that Police Chief Bob Lehner had, at his request, revisited the ordinance after consulting with community groups. Chief Lehner was present to discuss the proposed changes. He described the department's meeting with a community coalition that included the Bill of Rights Defense Committee and the American Civil Liberties Union (ACLU), saying the end result were changes limited to two areas: 1) the definition of commercial gatherings; 2) and the removal of the permit requirement for noncommercial gatherings of more than 25. He anticipated the latter topic would be addressed further when the council reviewed the parade permit ordinance. Mayor Torrey opened the public hearing. Bruce Miller, PO Box 50968, Eugene, generally criticized the City's efforts in downtown. He called for mayor, council, and staff changes and praised the efforts of the City of Corvallis in its downtown. He called for more ~people" persons in downtown. Brian Michaels, representing the Bill of Rights Defense Committee, noted his submission of correspondence between the City and his organization. By and large, he commended the revised ordinance but he believed the exclusion element of the ordinance should be deleted. Mr. Michaels disagreed that the area around the Broadway Plaza was a park. He thought the streets and byways of the community should be free for all citizens to pass. He did not think action taken in the interests of the merchants was not necessary as no one was open late at night and there were few merchants in the area. Mr. Michaels believed that as a result of the curfew on the Broadway Plaza, people would be targeted for standing on the streets between 11 p.m. and 6 a.m. M. Brooks Robert Shaw asked the council to eliminate the curfew at the Broadway Plaza. She found it ironic that there was a curfew in the plaza that housed the memorial to author Ken Kesey, a great individual. She thought the curfew would create an undesirable class of people. All should have access to public areas at all time. She asked the council to consider removing all City curfews, starting with this one. Bob Cassidy, 1401 East 27th Avenue, expressed appreciation to Chief Lehner for his work. He joined in the remarks of previous speakers regarding the need to remove the curfew at Broadway Plaza, which he thought unreasonable and deserving of further examination. Majeska Seese-Green, 549 Van Buren Street, represented the Whitaker Community Council's Police Issues Committee, which had been involved in the community coalition. She expressed appreciation for the opportunity to work through issues with the chief and the department. She agreed with other speakers about the curfew at Broadway Plaza. She said the curfew related to the issue of profiling as one could imagine who the curfew would be enforced against, suggesting that a person's age, appearance, and socio-economic class would be factors. Ms. Seese-Green asked the curfew be removed from the ordinance. Mayor Torrey closed the public hearing. He called for council questions and comments. Mr. Kelly thanked those testifying and thanked the community coalition, Police Department staff, and Chief Lehner for their work. He said it appeared from the language in the ordinance that it would be illegal to stand on the Broadway Plaza at midnight but it would be legal to stand at the comer of Willamette Street and Broadway at the same time. He asked what the police perceived as the public safety difference between those hanging out on the plaza as opposed to those ~hanging out" on the comer. Ms. Taylor was pleased by many of the changes being proposed and encouraged that Chief Lehner was working to make the ordinance more reasonable. She supported the elimination of the curfew and asked that a motion be prepared to that effect when the council took action on the ordinance. She also indicated opposition to the fines included in the ordinance but thought that concern might be addressed by the removal of the curfew. Mr. Pap~ did not interpret the prohibition on being in the area in question as a curfew. City Attorney Glenn Klein indicated he would address that issue in the staff response. Mr. Pap~ referred to Section 3.344(2)(a)(1) of the ordinance, which was related to the items to be sold in downtown, and asked if the City had a standard for what could be sold. Mr. Klein indicated he would also answer that as part of the staff response. Ms. Bettman also thanked the community coalition, Chief Lehner, and department staff. She thought the coalition effort a good model for other issues and believed it had produced a better ordinance. She supported the City's current neighborhood parks curfew as it made the parks safer, and the curfew was generally supported by residents. However, because of the many entertainment venues downtown and the City's hopes for increased housing there, she suggested the curfew on the plaza could be extended to 1 a.m. She asked staff to discuss in the staff response whether that was a workable compromise. Mayor Torrey wanted to know if the City's concern about security on the plaza related to the dark comers there, and suggested it was better to light those comers than to institute a curfew that many might find confusing. Mr. Taylor indicated he would follow up in the staff response. 5. ACTION: An Ordinance Concerning Apportionment of Assessments for Alley Improvements; Amending Section 7.175 of the Eugene Code, 1971; and Providing an Effective Date Ms. Bettman, seconded by Mr. Poling, moved that the council adopt Council Bill 4871, an ordinance concerning alley assessments. Ms. Bettman expressed concern about the equity of the ordinance, saying that in some cases, homeowners might not benefit from an alley improvement. She said the ordinance was intended to solve a problem in the West University Neighborhood (WUN) but was applicable citywide. Noting the average WUN assessment was estimated to be between $1,500 and $5,000, she asked if the same would be true for other assessments in other parts of the community. City Engineer Mark Schoening said yes, given that most alleys in the community were about the same dimensions. The difference would be the land uses that abut the alley; in the WUN, multi-unit properties would pay the greater share, while in other areas the land use factors might not have as much of an effect as in a commercial neighborhood. Ms. Bettman believed a proliferation of multi-unit development could result in a situation where those who did not want the alley improved would have to pay for such improvements anyway. Ms. Bettman, seconded by Ms. Taylor, moved to amend the motion to add a new subpara- graph (3) to Eugene Code 7.175(6), to read as follows: "Notwithstanding any other provi- sion in Chapter 7 of this code, no parcel shall be assessed for an alley improvement without the consent of the owners of all parcels to be assessed for the improvement in the block where the alley is located." Mr. Kelly acknowledged Ms. Bettman's concern but did not think the amendment solved the problem. If applied in the WUN, the motion would guarantee no alleys in that neighborhood would be improved. That was not the goal of the joint City of Eugene-University of Oregon Task Force on the West University Neighborhood. Mr. Kelly pointed out that in other areas of the city, the issue would be who initiated the improvement petition. In the WUN, the council initiated the local improvement district. He thought the council would look very carefully at council-initiated districts in the future, given their cost. Mr. Papd determined from Mr. Klein that the alley improvements could be funded in such a manner that allowed property owners to pay off the debt over ten years. Mr. Meisner also concurred with Mr. Kelly's remarks. He did not support the amendment and supported the ordinance as proposed only for the area in question. He did not regard the ordinance as a model for other neighborhoods. It was his sense it would be much more costly to do such improvements in other neighborhoods, where most alleys were not yet paved. Roll call vote; the amendment to the motion failed, 5:2; Ms. Bettman and Ms. Taylor voting yes. Ms. Taylor said she could not support assessing people for something they did not want, would not benefit them, and that they might not be able to afford, even over a ten-year period. Mr. Kelly pointed out that in addition to the ten-year period for repayment, there was also a low-income subsidy available to residents. Ms. Bettman did not support the motion because of the burden it would place on homeowners, particularly in the WUN. She noted the modifier for multi-unit development was only three times that of a single-family residence, which she did not find equitable. She said the City wanted to encourage homeowners in the WUN, but she thought the added financial burden might be enough to discourage people from living in the neighborhood altogether. Roll call vote; the motion passed, 5:2; Ms. Bettman and Ms. Taylor voting no. 6. ACTION: An Ordinance Concerning Ambulance Services; Amending Sections 2.606, 2.1990, 3.005, 3.862, 3.864, 3.866, and 3.990 of the Eugene Code, 1971; and Repealing Sections 3.850, 3.852, 3.854, 3.856, and 3.858 of that Code Fire and Emergency Medical Services Chief Tom Tallon was present for the item. Ms. Bettman, seconded by Mr. Poling, moved to adopt Council Bill 4870, an ordinance concerning ambulance services. Mr. Kelly said the ordinance did not appear to prohibit the subcontracting of emergency transport. He asked for confirmation. Chief Tallon referred Mr. Kelly to the language developed by the City Attorney to address Mr. Kelly's concerns. Mr. Kelly, seconded by Ms. Bettman, moved to amend the motion by amending the first sentence of Subsection 2.606(5) by deleting the word %perating" and inserting the phrase ;;providing for non-emergency care" between the words ;;is" and ;;was." The sentence would then read ;~No per- son shall operate an ambulance vehicle or provide ambulance services within the corporate limits of the city unless such person is designated as the ambulance service provider for the city under Lane County Ambulance Service Area Plan, or is providing non-emergency care as a subcontractor to the designated service provider." Mayor Torrey called for discussion on the amendment. Mr. Kelly said the amendment merely clarified what staff had been stating as its intent. Responding to a question from Mr. Pap6 about the potential that the City could subcontract for emergency ambulance services at some time in the future, Mr. Taylor said staff would have to bring such a change back to the council before subcontracting for emergency ambulance services. Chief Tallon added that the City continually evaluated its ability to provide a sustainable transport service. He was concerned about the City's ability to provide the service in the future, and believed the ordinance would help the department to maintain the quality of the service and stabilize its funding. Responding to a question from Ms. Bettman, Chief Tallon said any other party wishing to provide the service would have to meet three criteria: 1) ability to provide the service, 2) financial viability, and 3) no negative impact on other providers. He said it would be difficult for another party to assume the City's ambulance service area. Mayor Torrey said as the way he interpreted the amendment, it eroded the authority of the manager to negotiate with the bargaining unit. Mr. Klein said the amendment would allow the manager to subcontract for non-emergency ambulance service. He acknowledged the amendment also prohibited the manager from subcontracting for emergency ambulance care, which did limit the manager's discretion to some degree. Ms. Bettman said that Mr. Kelly's amendment merely clarified, rather than changed, staff's actual intent. Mr. Papd asked if the amendment would have an impact on the City's contract with the Santa Clara Fire District. Chief Tallon said no. Roll call vote; the amendment to the motion passed unanimously, 7:0. Roll call vote; the motion passed unanimously, 7:0, and became Ordinance No. 20320. Mr. Klein noted that the assessment ordinance (Council Bill 4871) considered by the council had not passed because it required a two-thirds vote in support. Mayor Torrey adjourned the meeting at 9:34 p.m. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Kimberly Young)