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HomeMy WebLinkAboutCCMinutes - 04/12/04 Mtg MINUTES Eugene City Council Regular Meeting Council Chamber--City Hall April 12, 2004 7:30 p.m. COUNCILORS PRESENT: Gary Papd, David Kelly, Betty Taylor, Bonny Bettman, George Poling, Jennifer Solomon. COUNCILORS ABSENT: Scott Meisner, Nancy Nathanson. His Honor Mayor James D. Torrey called the meeting of the Eugene City Council to order. 1. PUBLIC FORUM Mayor Torrey explained the rules for the Public Forum. Noting that there were 31 people signed up to speak, he requested a motion from the Council President to extend the time allotted for it. Councilor Bettman, seconded by Councilor Poling, moved to extend the Public Forum to one hour, and to allow each person two minutes of testimony. Roll call vote; the motion passed unanimously, 6:0. Mayor Torrey explained that councilors Nathanson and Meisner were absent due to illness. Gary Nauta, 88139 Keola Lane, Springfield, president of the International Association of Firefighters local, said he provided his testimony and further information in writing. He spoke on the proposed privatization of fire protection services at the Eugene Airport. He asserted the only beneficiary of such privatization would be the airlines, and not the City or its citizens, as they pay for the fire service with landing fees. He related that staff felt high landing fees might reduce airline interest. He countered that airlines had recovered somewhat from the tragedy of September 11,2001, with increased routes through Eugene and the City's successful bid to attract Delta Airlines. He opined there was no danger of losing airline routes due to landing fees. He thought the issue should have come before the City Council a year earlier. He requested the work session on this issue be moved to April 21 or May 19, preferably the former, rather than in June as scheduled. Jon Pincus, 590 West 12th Avenue #5, spoke regarding the building located adjacent to the WOW Hall at 865 West 8th Avenue. He noted that WOW Hall staff and supporters had spoken to the City Council about this building at a previous meeting. He said the building was in good structural condition and would not require further fire and safety upgrades. He commented that this would dramatically reduce the cost of redevelopment. He asked the council to consider allowing the WOW Hall to utilize the building and possibly purchase some of the surrounding property in order to provide a buffer to the WOW Hall. Bob Bussel, 3054 Grand Cayman Drive, director of the Labor, Education, and Research Center at the University of Oregon, urged the council to join the emerging nationwide debate on the social and moral implications of Wal-Mart's impact on workers and communities. He quoted an editorial in The New York Times that stated that Wal-Mart workers were among the working poor. He said one of the ways it appeared that Wal-Mart had low prices was that it paid wages so low that most employees could not afford to purchase health insurance from the company. He cited a statistic from Atlanta Constitution that indicated that 10,000 of the 160,000 children receiving state-subsidized health insurance were children with a parent who worked at Wal-Mart. He quoted another statistic from a Harvard Business School study which found that Wal-Mart spent $1,300 less annually on employee health care than other retailers and wholesalers. He stressed that when such employers fail to pay adequate wages and provide inadequate benefits they were a hidden cost to taxpayers and communities. He said low-wage workers were more likely to draw on food stamps, housing subsidies, and other social services. Mr. Bussel added that the entry of such an especially tight-fisted employer into the community compelled competitors to whittle at their own employee costs, which translated into lost jobs and smaller paychecks. He averred this unaccountable corporate power was having a serious effect on the dignity of labor, the quality of community and civic life, and the power of communities to decide what constituted the public good. He noted that Wal-Mart liked to wrap itself in "American values" while failing to recognize that one American value was fair treatment of and equitable compensation for labor. Jill Schwab, 90 East 40th Avenue, expressed concern regarding the proposed expansion of the Wal-Mart located on West 11th Avenue into a "super center." She believed the expansion could have far-reaching negative impacts on the community if it was not stopped. She said predatory pricing was a common practice of Wal-Mart. She noted that a Wal-Mart in Conway, Arkansas sold 30 percent of its pharmaceu- tical line below actual cost and drove local pharmacies out of business. She felt further expansion of the local Wal-Mart could potentially lead to the demise of small local groceries. Ms. Schwab stressed the importance of looking at what sorts of jobs the expansion would create. She stated that Wal-Mart was well-known for hiring part-time employees to avoid paying benefits. She added that Wal-Mart managers were instructed to let people leave if business was slow. She felt the expansion could cause grocery stores with union-represented workers to reduce contracts. She pointed out that Wal- Mart often closed one or more of its smaller stores in an area upon opening a "super store" and 400 such stores currently stood empty nationwide. She urged the City Council to immediately pass a moratorium on commercial development over 15,000 square feet in order to allow time to consider the impacts of such "super stores" and to avert "this damage to the community." She submitted her testimony and recommen- dations in writing. Kathy Ging, 2878 Harris Street, submitted her testimony in writing. She stated that a group of investors planned to make a proposal to purchase the building by the WOW Hall. She suggested the community had consternation about the process, criteria, and timeline for the request for proposals (RFPs) that the City postulated regarding possible sale of the parcels next to and the lot located behind the WOW Hall. She related the original four community groups interested in the purchase were no longer involved, but the new investors had conceptual support from the Farmers Market, which might be interested in renting space if it was bought. Ms. Ging said Eugene had purchased the parcels ostensibly to landbank them for low-income housing while maintaining options. She related that one City staff person had recommended to the Housing Policy Board (HPB) that cooperation with an integrated community group and collaboration between private business and government would be the sort of creative partnership needed to redevelop downtown. Ms. Ging opined that the process was being stacked to accommodate outside developers who could pay now and plan later as the timeline for the RFP had been planned to end in July. She recommended bumping the deadline back to October. She asserted that the City should issue an initial RFP for development proposals for sale and use for the building and lot in question. She felt that, should those proposals not be successful, the City could then issue an RFP for housing proposals. She thought housing was incompatible with the neighborhood. She predicted police activity would greatly increase as the decibel level sometimes generated by the WOW Hall would not be compatible with neighbors. Kathy Saranpa, 3015 Friendly Street, said quaint, circuitous roadways in a hilly forested area character- ized the Crest Drive neighborhood. She opined that nothing was gained by reclassifying the street as a %ollector." She felt this was a one-size-fits-all approach to a unique neighborhood. She opposed City engineers' recommendation to redesignate streets. She opined that the decision, made without citizen input, was akin to taxation without representation. She noted the plaque at the back of the wall stated that the people are the City. She asked the City Council to follow through on this ideal and support the neighbor- hood opposition to this street reclassification. Davy Ray, 276 North Grand, declined to speak as he was unable to trim his testimony to a two-minute version. Charles H. Spencer, 3390 Honeywood Street, spoke on behalf of the Eugene/Springfield Solidarity Network, the local affiliate of Jobs with Justice. He urged the council to pass a moratorium on develop- ment of large-scale retail facilities over 15,000 square feet. He suggested the community, the council, and the Eugene Planning Commission needed time to identify reasonable long-term solutions to the problems highlighted by Wal-Mart's plans to build a %uper center" in Eugene. He submitted 70 cards signed by residents who agree that Wal-Mart should not be allowed to do so. He commented that, like many citizens of Eugene, he was worried about Wal-Mart's impact on the community. He stressed that Wal-Mart stores were anti-competitive and once local stores closed, Wal-Mart stores often raised prices. He underscored the need to develop viable standards, the need to reconsider zoning strategies, and to claim a role in determining what happens within the community. Don Neet, 3436 Storey Boulevard, related that he had attended a Goal 5 meeting in 2002 and had been told, at that time, that the Crest Drive was unique and needed to be kept safe. He noted there were approximately 3,500 acres within the urban growth boundary (UGB) that were designated at wildlife habitat. Most of this land was in undeveloped areas, but Storey Boulevard and Crest Drive were considered wildlife and riparian corridors. He felt the change in classification for the street ran counter to preservation of the riparian corridor. He stated that the neighborhood would not benefit from the designation of Crest Drive as a collector. Virginia Starling, 3302 Storey Boulevard, stated that the Planning Commission would be forwarding its recommendation to the council that Crest Drive, Storey Boulevard, and Friendly Street be designated as collector streets in her neighborhood. She urged the council, on behalf of herself and her neighbors, to oppose this designation. She opined that the hilly and curving streets would provide significant road construction problems that would be costly and also injurious to abutting properties. She also felt the effects of such a project on the riparian streams in the area would cause irreparable damage. She added that the council and Mayor had a reputation for being sensitive to citizen opinion. She wished to share the neighborhood's desire to keep the area pristine in nature and unmarred by free-flowing traffic made up of cars passing through from one area of the city to another. She thought there were more efficient ways to ease traffic into the downtown area and emphasized that the neighborhood would not benefit from approval of the reclassification. Debra E. McGee, 29755 Lusk Road, spoke in favor of sustainable development that supported local businesses. She said local businesses enrich the civic fabric of the community as local merchants care about the communities they were a part of. She added that local ownership meant that profit circulated within the community as opposed to national chain stores. She opposed Wal-Mart's plans to build a %uper center." She alleged that such stores sell food products below cost to undermine other smaller stores. She felt the stability of the local existing business districts was undermined resulting in an increase in empty store fronts. Noting that some people would say the community would benefit from an increase in job, she cited a 1993 study paid for by Wal-Mart that had concluded that a gain of 177 new jobs provided by such a store was offset by 148 lost jobs. She felt impacts on traffic, environment, community character, and local economy should be considered. She related that she had visited Arcata, California, to observe its process for creating a comprehensive plan for sustainable development. She advocated for a six-month moratorium on such development to allow citizens to provide more input in development standards. George Kjaer, 814 Lorane Highway, said he had lived at his house, a historically designated site, for 37 years. He related that he daily walked the streets that were proposed to be designated as collectors. He believed the change in designation would result in significant cost and would not increase safety, traffic efficiency, nor add to property value. He commented that people drove over the speed limit, in spite of curvy, narrow roads. He opined that improving the roads would only increase the hazards presented by motorists. He asked the City Council to direct the Planning Department (PDD) to design efficient arteries and arterials, leading to an efficient Beltline Highway. James Reed, 990 Crest Drive, related that he heard of the proposed change in street classification from a neighbor and not from the PDD. He noted he had received a small pink postcard informing him of a proposed traffic impact analysis (TIA) in his neighborhood and never heard anything else regarding it. He alleged that City staff had been unresponsive and, at times, "spiteful" of the public process. He asserted that no one had clearly stated the impact of the change and it was, as yet, unknown. He said he had asked what the financial impact to residents would be and staff had responded that they could not discuss this until they had financing for projects and could properly analyze the impact. He felt the reclassification was a "blank check" for the City. Will Sellers, 6071 Mondavi Lane, expressed his neutrality on a proposed Wal-Mart Store. He commented that family-owned businesses often do not pay more than $10 per hour and do not provide health benefits, due to the expense. He alleged that four companies had expressed willingness to move to Eugene but because of the "hoops" they had to jump through had decided not to relocate here. He asserted these companies average starting pay was $14.75 and hour and they had full health and retirement benefits. He remarked that one of the unnamed companies had a building in the San Jos6 area that was 500,000 square feet. He opined that restrictions on development told businesses that the community did not want such employment. He questioned the wisdom of doing so in the face of having the highest unemployment in the nation. Ray Wolfe, 1473 Luella Street, spoke in opposition to the Multiple Unit Property Tax Exemption (MUPTE). He stressed that he was not an unmitigated tax opponent, but wanted property taxes to be appropriately accounted for. He alleged that MUPTE shifted property tax burdens from well-to-do property owners to other property owners, many of whom are insolvent or on the verge of insolvency. He noted there were 236 property owners who were three years delinquent and vulnerable to property loss. He asked councilors if they had spoken to any of these residents in their respective wards. Mr. Wolfe asked if the revenues lost through tax exemption had been fully considered. He cited an Oregon State document in which it was stated that tax exemption costs equal tax revenues. He wondered how much exemptions explained the tax-payers' revolt against bond measures. He asked if future tax-related elections would be lost due to "public reaction to gifts from the poor to the rich." He suggested staff should be required to present the council with an economic impact statement with each tax influencing measure under consideration. He opined the proposed MUPTE ordinance would shift the burdensome taxes to the poor from the richer for the purposes of accelerating development that would take place more slowly without subsidy. Chris Kluth, 2830 Friendly Street, provided a copy of a letter from his parents who were out of town. He related that his father, currently doing contracting work for the military in Europe, felt City employees had lied to him regarding the reclassification of the neighborhood streets to collectors. Marcella G. Moore, 2812 Friendly Street, asked the council to vote against the recommendation to designate Storey Boulevard, Friendly Street, and Crest Drive as collectors. She predicted people would be hit by cars and die. She said she and her husband had lived at their current residence for more than 20 years and enjoyed both the urban feeling and the rural feeling of Friendly Street. She asserted that the intersection of 28th Avenue and Friendly Street was already dangerous. She thought repaving the streets and adding sidewalks would give pedestrians a false sense of security. Cathryn Tredway, 2820 Friendly Street, opposed the reclassification of her neighborhood streets. She called it a "tax disguised as an improvement." She averred it would not improve the quality of her life and would cause a significant financial hardship. She predicted the safety of her family and neighbors would be compromised by the increased speed and privacy would be lost by sidewalk placement in her yard. She felt taxpayers would be better served by patching potholes, installing more stop signs, directing traffic to existing arterials, and enforcement of the speed limit. Robert Kris Millegan, 39830 McKenzie Highway, Springfield, said he was organizer and coordinator of a Eugene event that was part of a world-wide event that sought to legalize marijuana. He stated there had been a march and rally each year for the last four years, but this time he intended to organize a rally. He objected to the 25-person permit requirement and asked under what authority the City of Eugene could supercede the Constitution of the United States and the Bill of Rights. He also questioned the right of the City to arrest, charge, incarcerate, and cause financial loss to a person for possession of marijuana. He called marijuana a "gift from nature's God." He asserted that cannabis possession statutes were "void admissio." He noted that the prohibition of alcohol had required a constitutional amendment. He said his civil rights were inalienable and he had a religious right to use marijuana in accordance with his spiritual- ity. He provided his testimony in writing. Jim Hale, 1715 Linnea Avenue, asked if the City had an alternative site planned for the hospital, should the Eugene Water & Electric Board (EWEB) site not work out. He also asked if there was an alternative plan for the EWEB site, should the hospital choose not to locate there. He requested the City Council to ask EWEB to move on with its plans to relocate to western Eugene. He asserted that Eugene no longer needed EWEB. He thought the vacated EWEB yard could be sold as commercial space and the building could be used for the City's Central Services Department and City Council meetings. He felt EWEB represented a redundancy in functions that were already being provided by the City. Beth Hjelm, 920 Crest Drive, urged the council to vote against the plan to make Crest Drive a collector. She cited the minutes of the most recent Eugene Planning Commission meeting and asserted commission- ers' questions were not answered. She noted that Commissioner Duncan had asked how street assessments would be made and that another commissioner had asked for an explanation of contextual-sensitive design standards. The former had remained unanswered and the latter had been deferred as staff had responded that this was a neighborhood decision. She cited Commissioner Lawless' concerns regarding erosion as another unaddressed issue. She related that Commissioner Rusch had asked staff to compare and contrast other collectors and also how the change could be considered less safe to the neighbors and what the disjoint was between what was being heard from the neighborhood and what was being heard from staff. She said Commissioner Belcher asked for parking information and an accident history. She underscored that the decision should be a neighborhood decision and the council should summarily reject the recommen- dation because the neighborhood did not want or need the change. Vikki Stea, 130 Crest Drive, asked the council to vote against the plan to reclassify Storey Boulevard, Crest Drive, and Friendly Street as collectors. She noted that Wayne Morse Ranch was a park for all citizens and was used by busloads of children in the summer and hundreds of families in the spring and fall. She commented that many deer cross the street by her house daily. She asserted that the new designation would increase the hazards to both cars and deer. She felt traffic was already heavy. Maurie Denner, 3853 Blanton Road, shared that he walked in the neighborhood and had talked to many people. He was stunned by the universal belief that designating the neighborhood streets as collectors was wrong. He asked the council to look at the confusion around the issue and send it back to staff. He felt the process used to gain neighborhood input, that of a random sampling of opinion, did not show the proper amount of respect for people who lived on Crest Drive and Storey Boulevard. He noted that he lived a block from Crest Drive and had known nothing of this redesignation. He opined that City staff and elected officials need to create confidence and trust in the City process. Mr. Denner added that neighbors of the Willakenzie School would be testifying in the Public Forum and asked the council to "listen carefully." Janetta Overholser, 30300 Cottage Grove-Lorane Road, Cottage Grove, brought a kitten to the council Public Forum to emphasize that it was kitten season and feral cats were breeding. She noted the kitten had been abandoned. She said several thousand feral cats had been altered in the Eugene area through Feral Cat Coalition of Oregon. She underscored that there was no where to take stray cats from Eugene as, by law, Greenhill Humane Society was only allowed to receive cats from owners. She reiterated that the cost of fixing the problem would be greater than the cost to prevent it in the first place. Ron Teninty, 999 Brookside Drive, spoke in opposition of the development of a Wal-Mart %uperstore." He submitted copies of articles on Wal-Mart development to the council. He noted there was a letter to the editor in the Register-Guard signed by Ted Oliver, district manager of Wal-Mart stores. He related that the letter asserted that Wal-Mart offered great jobs that paid above union scale, a full range of benefits, including 401 (K) programs and health insurance benefits, and profit-sharing. He pointed out that this was a contradiction to what was being experienced all across the country with regard to Wal-Mart. He suggested a subcommittee designated by the council check into Wal-Mart's statements in order to determine who to believe. Shana Stull, 4016 Josh Street, a member of the Eugene Citizens for Housing Standards, thanked the council for scheduling a work session on housing standards. She commented that support for the issue was growing in numbers daily and recommended the work session be held in a venue other than the McNutt Room to accommodate what could potentially be a large number of attendees. She underscored that the initiative could affect up to 54,000 citizens in Eugene. Sean Kelly, 1719 Best Lane, executive member of the Harlow Neighbors Association and the chair of the Willakenzie Action Committee, stated that the Parks and Open Spaces Division had concluded that the Willakenzie neighborhood was a high needs area for park space. He said that by acquiring the entire Willakenzie property for park space the City would help fill this need and preserve a piece of Eugene's educational and recreational history. He asserted that acquiring only part of the land and placing more people in the neighborhood represented the wrong direction for the neighborhood. He said the open space was used year-round by children's sports teams as well as neighbors, joggers, and people walking their dogs. He felt the neighborhood had been recklessly over-developed and needed all eight acres encompassed by the property. He noted that many other parks in Eugene were at least this large and asserted it was not out of line to have an eight-acre park. Sherle Hawley, 3484 Storey Boulevard, spoke in opposition to the reclassification of neighborhood streets to collectors. She remarked that the original name for Crest Drive and Storey Boulevard was the Old Lorane Highway and averred it had historical significance. She asserted the collector street plan would change the character, livability, and safety of the street by bringing more cars down to the street. She stated that "to add insult to injury" the neighbors would be required to pay for a plan through assessments and a decrease in property values. She likened the collector plan for the area to "putting a round peg in a square hole." She stressed that the only citizens that would benefit would be those who drove through the neighborhood and not the ones paying for it and that those people were largely made up of people coming from the County. She predicted that fixing the %ut-through" problem would be cheaper than changing the classification. She related that neighbors wanted slower traffic, safer roads, and walking and biking paths that fit the rural nature of the area. Terry Freemming, 2886 Bailey Lane, chair of the Harlow Neighbors, spoke regarding the Willakenzie school site. He likened it to a choice between much-needed parks and much-needed housing. He circulated two maps, the first from the 1988 Willakenzie Refinement Plan indicating the Harlow sub-area and the second map was from the same area several years ago. The first map still contained some larger expanses of green areas, but the second showed much less open space and much more development. He stressed that approximately 300 homes lay outside the one-half "blocking standard" currently used by the Parks Division to define a served area. He said the consolidation of the two schools would have an impact on the amount of parks and open space. Howard Bennett, 1835 East 28th Avenue, related his "astonishment" that Councilor Nathanson had come out on the stage of the Hult Center for the Performing Arts accompanied by the new Cultural Services Division Director, Robb Hankin. He felt the stage had been used as a political venue and equal time and representation should be provided to other mayoral candidates. He suggested the City Manager be directed to find out the reason for this and to determine whether there was a policy on this. Councilor Bettman, seconded by Councilor Taylor, moved to extend the time for the Public Forum by ten minutes to accommodate five more speakers. Roll call vote; the motion passed 5:1 (Councilor Poling inadvertently voted no and later withdrew his "no" vote). Steve West, 3025 Friendly Street, called the designation of Friendly Street, Storey Boulevard, and Crest Drive a "bad idea." He asserted it was not fair to ask neighborhood residents to give up their amenities in order to aid others in arriving quickly to the downtown area nor was it fair to ask residents to pay for road upgrades. He invited the councilors to walk with him from Friendly Street and Lorane Highway to the downtown area and see the difference between a neighborhood street, a neighborhood collector, and a highway. He suggested councilors also stand at the comer of 7th Avenue and Willamette Street and note the number of cars that traverse 7th Avenue with only one person in them. He agreed traffic was a problem but asserted there were ways of addressing it other than changing the designation of his neighborhood streets. Clyde R. Nielsen, 3441 Storey Boulevard, noted that his testimony would repeat some of the previous testimony regarding the street reclassification. He thought that if all of the neighbors could speak with one voice, they would all oppose the change in street designation. He asserted that public officials were elected to represent the public and were not fulfilling their charge in this case. He averred the change threatened the tranquility of the neighborhood and would make living there more stressful, as well as negatively impacting the riparian zones and compromising the sylvan environment. He commented that Storey Boulevard "was blessed" with two "un-straightenable" curves which enhanced the beauty there but imposed the necessity of cautious driving. He suggested that Storey Boulevard should become a one-way street going uphill from the lower Crest Drive cut-off and its upper section. Martin Brown, 3446 Storey Boulevard, added his voice to the opposition of the aforementioned street reclassification. He asserted this action would destroy a vibrant and unique neighborhood and would not comply with Goal 5 standards. He felt it would exacerbate driving conditions, which were already hazardous. He questioned the wisdom of implementing a conventional street plan in an area that was recognized by the City as being so unique. He said it called into question the City's ability to meet the principles of the practical use of context-sensitive design. He alleged there already was much traffic cutting through the area. Elizabeth Lorish, 897 West 36th Avenue, conveyed her concern regarding the reclassification if neighbor- hood streets into collectors. She stressed that opposition to this was unanimous and there were signs in every yard that expressed this opposition. While she recognized the need to repave the road, she thought widening it and straightening the curves would be ;%dicrous." She related that the neighborhood liked the curves and country ambience. She noted over 100 citizens had come to a public hearing on this item on November 4, 2003, and all were opposed to the change. She reiterated neighborhood concerns that environmental degradation would occur and property values would fall. Wendy Dudelheim, 3385 Storey Boulevard, asked the councilors to protect the antiquity of nature's design surrounding Storey Boulevard, Crest Drive, and Friendly Street. She said she moved to Storey Boulevard because it provided privacy and peace. She remarked that it was the reason she lived in Eugene. Councilor Bettman thanked those who testified, adding that it was wonderful to see so many people bringing their input to the council. She related she had been advised that speaking on Friendly Street could be a perceived conflict of interest, as she lived on the north end of Friendly Street and the proposed change may lower her property values. She recommended that staff sit with the community and come up with a community-sensitive design. She noted the public hearing was scheduled for May 10. Councilor Poling indicated he inadvertently cast a ;;no" vote to extend the time and corrected his vote for the purpose of the record. He thanked everyone who spoke at the Public Forum. Councilor Pap6 commented that he had not seen such a large turnout in a long time. He concurred with comments made by Councilor Bettman. He noted there was a work session scheduled for April 28 on the street reclassification. City Manager Dennis Taylor remarked that it would be beneficial to hear the background information on this issue. Councilor Pap~ said he was a proponent for the safety that sidewalks bring. He expressed there was a happy medium for pedestrian and bicycle travel on those roads. He looked forward to a process that would both satisfy the needs of the neighborhood and the need of the community for safety. Councilor Pap~ asked if it would be possible to have the work session on housing standards in the Bascom/Tyson Room in the Library, as per the request made at the Public Forum. Mr. Taylor agreed to look into it. Councilor Taylor apologized to those who spoke at the Public Forum for the two-minute limit. She felt it was difficult to change a three-minute presentation to two minutes on short notice and it hindered the ability of people to express their messages to the council. She thanked all those who testified for coming out and doing so. Councilor Taylor said she had walked the Storey Boulevard neighborhood and was familiar with the difficulties that it presented. She related that she had also attended the public hearing before the Planning Commission and had been impressed by the reasoning and passion expressed in the testimony. She hoped the public hearing before the City Council would be well-attended. She agreed the installation of more stop signs was a good idea and also that it would be difficult to widen streets without negatively impacting some of the homes. Councilor Taylor remarked that she had made a motion to have a moratorium on large developments but had been informed by legal counsel that such a moratorium would have no effect on current applications, which included the Wal-Mart application. She noted her motion had failed. Continuing, Councilor Taylor expressed her support for the discussion on housing standards and reiterated that it should have been dealt with in a more timely fashion. Councilor Kelly thanked those who testified. He called the quality of testimony "superb." He commented that he had a lot of detailed notes. He appreciated, in particular, the neighborhood interest in the street reclassification issue and the concern regarding "big box stores." He agreed that the work session on housing standards should be moved to a larger venue. Councilor Kelly opined that the 10 p.m. ending time was too early. Mayor Torrey reminded the audience of the need to not show support for one point of view or another. He explained that the rule was so that all sides of an issue felt they would be heard and treated fairly. He noted that a troop of Boy Scouts had been present and opined the Public Forum had been a good education for them in civic procedure. 2. CONSENT CALENDAR A. Approval of City Council Minutes - February 9, 2004, Work Session -February 23, 2004, Work Session - February 23, 2004, City Council Meeting - February 25, 2004, Work Session - March 8, 2004, Work Session - March 10, 2004, Work Session B. Approval of Tentative Working Agenda C. Approval of 2004-05 Funding allocations for Federal Community Development Block Grant, HOME Investment partnerships, and American Dream Downpayment Initiative Programs D. Approval of Minutes, Findings and Recommendations from the Hearings official and Adop- tion of Resolution 4789 Forming a Local Improvement District for Paving, Constructing Curbs and Gutters, Sidewalks, Median, Street Lights, Traffic Signal, Street Trees, Waste- water and Stormwater Drainage on Garden Way from Sisters View Avenue To Martin Lu- ther King Jr. Boulevard, and the North Side of Martin Luther King Jr. Boulevard from Marche Chase Drive to 1-5 (Job #3502) Councilor Bettman, seconded by Councilor Kelly, moved to approve the items on the Consent Calendar. Councilor Poling requested to pull Item C from the Consent Calendar. Councilor Bettman had submitted corrections to the minutes via email. She pulled items B and D from the Consent Calendar. Mayor Torrey deemed the corrections, without objection, approved. Councilor Kelly stated that he had previously submitted corrections to the minutes via email. Mayor Torrey said the corrections had been reviewed and that, without objection, they were deemed approved. Roll call vote; the motion to approve Item A from the Consent Calendar passed unanimously, 8:0. Councilor Bettman related that Councilor Meisner had requested the work session on the airport fire and rescue services be moved to April 21 as there was time available. Mr. Taylor said the space in the work session was reserved for carryover items from council meetings. He noted that Councilor Meisner had specifically requested the vote on the MUPTE be postponed until he could attend. He recommended that action on MUPTE be held at the April 21 work session. Councilor Bettman pointed out that space was available on May 19. Mr. Taylor responded that this would be preferable to the April 21 date. However, Mr. Taylor said the topic of fire and emergency services was related to a collective bargaining issue which could end up before the Labor Relations Board. As such, he advocated for the latter date as he opined it would be premature to address the item while it was still open at the collective bargaining table. Councilor Bettman averred the topic was a policy question of whether or not to outsource fire and rescue services for the airport. Councilor Bettman, seconded by Councilor Taylor, moved that a work session be held on the proposed privatization of fire and rescue services at the airport on April 21. Councilor Kelly acknowledged that it was a collective bargaining issue, but suggested council policy direction could change the current impasse. He felt the Franchise Fee Audit issue, currently scheduled for the aforementioned work session might not be as time sensitive as the privatization of fire and emergency services at the airport. Councilor Solomon commented that the council never seems to finish its agenda and it seemed critical that some time be left open in work sessions to complete unfinished items. She did not see that the fire privatization issue was time-sensitive and indicated she would not support the motion. Mr. Taylor asked the council to resist the motion. He felt the discussion to be premature and hoped the council would move the discussion to a more appropriate timeframe. Councilor Pap~, seconded by Councilor Bettman, moved to amend the motion so that the fire privatization issue would come to the Work Session on May 19. Councilor Bettman opined the MUPTE issue was not an emergent issue and there would not be a negative impact to the community in not moving forward on it expediently. Councilor Solomon disagreed. She stated there had been multiple meetings on MUPTE and the council was ready to move on it. She felt it better to resolve MUPTE and be finished with it than to open the fire privatization issue. She reiterated that the latter would not be impacted by waiting until June to bring it to a work session. Mr. Taylor repeated that the bargaining issue was under the purview of the City Manager. He stressed that the arguments that would come out of the appearance before the Labor Relations Board would not be available by the April session, nor would they likely be available for the May session. Councilor Bettman remarked that the only employee of the council was the City Manager and the only influence on the organization as a whole that the council had was on the City Manager. She averred that the City Manager's assertion that the bargaining issue was pivotal and the council should not weigh in on it until it was resolved was all the more reason the council should weigh in on it. Mr. Taylor implored the council to allow the bargaining process to continue and continue to maintain the date the issue had been originally scheduled for a work session. Mayor Torrey indicated that he would vote against the amendment and the main motion in the event of a tie. He stated that the City Council hired the City Manager to take on this role and to undermine this role was in ;;very poor form." He agreed the council had the authority to address the job performance of the City Manager, adding that an evaluation of Mr. Taylor was coming up in the near future. However, he hoped that the council would not hamper the City Manager's ability to meet the responsibilities of his role within the City infrastructure. Councilor Taylor asserted that the council did not hire the City Manager to make policy. Councilor Kelly agreed that labor negotiations were the purview of the City Manager, but it was the council's purview to determine whether fundamental City services were supplied by public employees or private employees. Mayor Torrey called for the vote on the amendment. Roll call vote; the amendment failed, 5:1; Councilor Papd voting in favor. The vote on the main motion was a tie, 3:3; Councilors Bettman, Taylor, and Kelly voting in favor and Councilors Poling, Solomon, and Papd voting in opposition. Mayor Torrey cast a no vote and the motion failed on a final vote of 4:3. Mayor Torrey called for a break. The council reconvened after a five minute respite. Councilor Poling, seconded by Councilor Solomon, moved to amend the One-Year Action Plan by deleting acquisition of the Willakenzie School site as the use for $400,000 in funds for acquiring a site for future low-income housing and require staff to return to the City Council prior to purchasing additional land bank sites with these funds. Councilor Poling explained that he placed the motion on the table primarily for the reason that the school site would be better used for a park. He clarified that he supported purchasing property and banking it for housing, but in this instance, the neighborhood did not have adequate park space for its population. He related that the Harlow Neighbors voted unanimously to ask the City to purchase all eight acres of the site for park and open space uses. He noted he had intended originally to make a motion to pursue acquisition of the three acres of the Willakenzie School site for the purposes of park space and playing fields, in addition to the five acres at that site already being considered for purchase by the City for the same purpose. He stated that he had chosen not to make this motion at this time. However, he reiterated that it was his preference and the preference of the majority of the Harlow area citizens to make the eight-acre site a park and playing field area. Councilor Kelly said it was a parks versus low-income housing issue. He agreed there was a lack of planning that contributed to the lack of parks and open space set aside for the neighborhood in question. He related that he had served on the HPB and he stressed the amount of funds available for low-income housing construction was much smaller than the need for such housing. He underscored that low-income housing was for families living at 50 to 60 percent of the median income of the area. He felt parks were important, but that having a roof over one's head was also important. He supported the original proposal which would utilize three acres of the land for low-income housing and five acres for a park. He opposed the motion. Mr. Taylor stressed the importance of acting on the One-Year Action Plan before May 15. He said the adoption of Councilor Poling's action would leave the $400,000 allocation for land bank acquisition within the Community Development Block Grant (CDBG), but it would not be consistent with the staff recom- mendation. He added that either motion would work within the requirements. He felt that, should the council vote for the staff recommendation, it would still allow the City to buy the land back from the CDBG funds. He stated that, should the three acres not be included in the acquisition, the current policy on parks would dictate that the City would purchase the five-acre parcel and the three-acre parcel would remain for the school district or others to consider. Councilor Pap~ conveyed his appreciation for the intent of Councilor Poling's motion. He felt that sort of planning for parks and open space could monopolize council time. He averred such planning was well- executed by the Parks and Open Space Division. Noting he was the City representative on the HPB, he related the board had given the proposed acquisition a unanimous vote of support. He said the land could be traded for another parcel, should it be purchased. He opposed the motion, but would support giving direction to the City Manager to return with a plan to purchase both parcels simultaneously. Councilor Bettman commented that she had been pleased to see the plan for both low-income housing and a five-acre park. She opined the council could not have everything it wanted. She concurred with Councilor Poling regarding the neighborhood's need and desire for more park area. She thought a five-acre park was ample. She noted the issue mirrored the Westmoreland School site park issue, in which the neighborhood had asked for one acre and had been denied it. In response to a question from Councilor Solomon, Mr. Taylor said there was no guarantee that the City was purchasing the parcels, but there was a presumption that the 4J School District would negotiate with the City first. Councilor Taylor remarked it was unfortunate to lose any open space the City had. She opined that school grounds were some of the best open spaces the City had left. She asked if the five-acre parcel would provide adequate playing fields for the need. Mr. Taylor felt it might not address the larger need for playing fields citywide, but it would provide good practice fields. He said it would be acquired with park systems development charges (SDCs). Mayor Torrey averred that, though this parcel was not park-like necessarily, the playing fields were well- used and needed to be protected. He thought the plan from staff did in fact do so. He felt the need for playing fields was a growing problem as the City had not done anything to replace the fields that were going to be lost at Cal Young Middle School and Washington Elementary School. He believed the City would be better-served by going across Beltline Road and developing the eight-acre parcel the City owned there into playing fields. Councilor Poling said, in response to Councilor Solomon, the negotiation for the sale of the land had yet to begin. He stated that a public hearing on the proposal for the Willakenzie site would be held on May 12 and the school district would decide whether to sell it or not on May 26. Councilor Pap~ asked what the soonest date a Request for Proposals (RFP) for development of the three acres would be issued. Mr. Taylor responded that it would be a long time. He added that, should the staff motion be adopted and all eight acres were acquired, there would still be an opportunity to discuss the options for the property. He thought acquiring only the five-acre parcel would cause the City to lose some leverage in terms of what the City would want to do in that area. Councilor Pap6 asked how soon the report from the Mayor's Task Force on Parks, Recreation, and Open Spaces would be ready. Kurt Corey, director of Public Works, said the report, a more global look at the City's needs for parks and open space, would be ready at the end of the year. City Attorney Jerry Lidz affirmed, at Councilor Kelly's request, that the school district was required by law to give public entities the first right when negotiating the sale of property. Roll call vote; the motion to amend the One-Year Action Plan failed, 4:2; Councilors Pol- ing and Solomon voting yes. Roll call vote; Item C of the Consent Calendar was approved by a unanimous vote, 6:0. Regarding Item D, Councilor Bettman asked staff to speak to the $92,000 difference between the reimbursable bonds to be issued and the assessments. She asked where the money would be coming from. Paul Klope, Principal Civil Engineer for the Public Works Department, explained that the resolution indicated an upper level that would be sold, in terms of the bonds. He said the bonds would be sold in the amount of the assessments for those people who choose long-term financing with the City. Mr. Klope affirmed, in response to a further question from Councilor Bettman, that the $92,000, should it be incurred, would be paid for by assessments. Councilor Bettman indicated she would vote against the item because she felt the combination of funds, from SDCs and the Oregon Department of Transportation (ODOT), took funding from road maintenance and preservation. She asserted the latter source of funding was actually State Transportation Improvement Program (STIP) money, which could be spent on transit, preservation, and planning purposes. She said $1,175,000 in STIP money was in this project, which would accommodate new growth as the SDCs would cover the existing expenses. She repeated concerns that the money should have been used for other projects, that urban renewal diverted money from the General Fund, and that money should be used for preservation first. Councilor Solomon conveyed her support for the motion, calling it a standard process for funding improvements. She opined that this section of town was in dire need of improvements. Councilor Solomon asked what sort of guarantees staff had that the costs would not run more than ten percent over the numbers before them. Mr. Klope responded that the cost was based on the per unit price under typical conditions. As an example of how a cost overrun could occur, he cited the possibility that the foundation soil under the road would be found to be weaker than tests had predicted it would be. However, he averred that historically projects this large had not experienced major cost overruns. Councilor Bettman reiterated there was a $90 million backlog in streets that need to be maintained and preserved. She recapped the arguments regarding the transportation system maintenance fee (TSMF). She asserted that where money was spent was a matter of council priority. Roll call vote; the motion passed, 4:2; Councilors Bettman and Taylor voting in opposi- tion. 3. PUBLIC HEARING: An Ordinance Concerning Apportionment of Assessments for Alley Improvements; Amending Section 7.175 of the Eugene Code, 1971; and Providing an Effective Date Mayor Torrey opened the public hearing. As no one present wished to speak, Mayor Torrey closed the public hearing. Councilor Bettman asked if there was a way to make improvements to alleys contingent upon 100 percent approval of all the affected property owners. Mark Schoening, City Engineer for the Public Works Department, responded that the council could enact such a requirement. Councilor Bettman requested some language that would accomplish this when it came time to act. Councilor Bettman opined that all property owners should have a right not to be assessed for improve- ments. Councilor Kelly stated that the reason this item was before the council was because of the large number of unimproved alleys in the West University Neighborhood and because the West University Neighborhood Task Force (WUNTF) had placed this as one of the highest priorities for neighborhood improvements. He averred that, due to the large number of property owners that live elsewhere, the likelihood such an improvement would even receive a 50 percent level of agreement would be slim. He felt making such a requirement would hamstring alley improvements in the area. Councilor Solomon concurred, adding that requiring 100 percent agreement assured nothing would be done. 4. PUBLIC HEARING: An Ordinance Concerning Ambulance Services; Amending Sections 2.606, 2.1990, 3.005, 3.862, 3.864, 3.866, and 3.990 of the Eugene Code, 1971; and Repealing Sections 3.850, 3.852, 3.854, 3.856, and 3.858 of that Code Mayor Torrey opened the public hearing. Seeing no one who wished to speak to the issue, Mayor Torrey closed the public hearing. Councilor Kelly remarked that the ordinance had not come with a strategy for what services would be subcontracted. He felt the ordinance could be read to indicate that all emergency medical services could be subcontracted. He asked staff to provide information on what emergency services other jurisdictions chose to privatize and how quality was monitored. Deputy Fire Chief Matt Shuler said there were three issues addressed by the ordinance, of which privatization of certain ambulance services was one. He stated that the other two were to contemporize the language and make it into alliance with the Oregon Revised Statute (ORS) and to give the licensing unit better tools for managing ambulance transport. Councilor Bettman asked for further interpretation of the language in the ordinance. She felt the privatiza- tion of the ambulances looked a little like a taxi service. She was concerned the drivers would not have adequate training. Deputy Shuler stated that the first responder was strictly limited to Emergency Medical Services (EMS). He noted that there was a triage system in place that aided the 9-1-1 operators in prioritizing calls and determining what level of response was needed. PUBLIC HEARING AND POSSIBLE ACTION: An Ordinance Concerning Solid Waste, and Amending Sections 4.830, 4.835, 4.855, and 6.055 of the Eugene Code 1971 Councilor Papd requested to be recused and Mayor Torrey granted his request. Mayor Torrey opened the public hearing. John Hire, 3935 Spring Boulevard, supported the ordinance. He felt the ordinance would provide definite guidelines as to where citizens should place their mixed recycling carts. He added that the collection system afforded the City the most cost effective way to pick up garbage, recycling, and yard debris, and the ordinance will keep the carts from obstructing pedestrians and bicyclists. Mayor Torrey closed the public hearing. He asked if there was interest in acting on the ordinance at the present meeting. Councilor Bettman asked who would respond to a complaint of a can left in the street. Solid waste and recycling analyst Alex Cuyler replied that the Planning and Development Department (PDD) acted on such complaints and, much like a land use inspector, they tried to gain compliance first and then employed further tools. In response to another question from Councilor Bettman, Mr. Cuyler stated that the program was paid fully through the licensing program. Councilor Bettman complimented the large commingling recyclables container. Councilor Taylor noted she had received many complaints regarding garbage cans in the street. Mr. Cuyler said the ordinance would allow the containers to be left in the street for a 29-hour window. Councilor Bettman, seconded by Councilor Poling, moved that the City Council adopt Council Bill 4865, an ordinance concerning changes to residential solid waste and recy- cling collection. Roll call vote; the motion passed unanimously, 5:0. The meeting adjourned at 10:03 p.m. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Ruth Atcherson) M: 12004 ICentral Services DepartmentlCity Councillcc040412m2. doc