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HomeMy WebLinkAboutCCMinutes - 03/08/04 Mtg MINUTES Eugene City Council Regular Meeting Council Chamber--City Hall March 8, 2004 7:30 p.m. COUNCILORS PRESENT: Gary Papd, Nancy Nathanson, David Kelly, Betty Taylor, Bonny Bettman, George Poling, Jennifer Solomon, Scott Meisner His Honor Mayor James D. Torrey called the meeting of the Eugene City Council to order. 1. PUBLIC FORUM Mayor Torrey explained the rules for the Public Forum. Denny Guehler, 2090 Dewey Street, spoke on behalf of the WOW Hall. He said a committee had been formed of community members with board experience to provide a ;;public face" for the hall for the City Council and the future developer of the housing complex, slated to be built next to the WOW Hall. Mr. Guehler stated that the WOW Hall was a small, non-profit business that paid its staff, bills, and had some money in the bank. He applauded the purchase of the property next door to the WOW Hall for development of mixed use low-income housing. Mr. Guehler related that the committee met with staff and community leaders and conveyed the WOW Hall's interest in the parcel of land directly behind the WOW Hall. He said the hall needed clear, unimpeded access to the back of the building and parking for volunteers and performers and would someday like to add on to the building. He sought the ;;enthusiastic support" of the council for this sale. He also sought to bid on some footage on the east side of the building, particularly if the Ridenour Building was taken down. He said the hall also hoped to add on to that side and beautify the building. He added that, in the meantime, the WOW Hall hoped to use the neighboring building for storage as long as it still existed. In closing, he suggested that, should the developer take the building down, the ;;good old beams" inside it be recycled. Kathryn McDonald, 55 Prall Lane, said she began as a volunteer at the WOW Hall in 1994 and was now the current house manager and volunteer coordinator for the WOW Hall. She stated that the hall had 12 people on its staff and 400 volunteers, many of whom were low-income people. Fifty percent of the volunteer workforce was less than 21 years of age. She called the hall essential to youth in the community as it taught them good life skills, such as lighting, technical skills, social skills, crisis intervention, journalism (writing articles for the newsletter), among others. MINUTES--Eugene City Council March 8, 2004 Page Regular Session Ms. McDonald underscored the importance of the parking lot behind the WOW Hall to the function of the business. Rebecca Hill, 497 Autumn Avenue, introduced herself as the Student Body President of Lane Community College (LCC). She stated that the average age of LCC credit students was 28-years-old and the average age of LCC non-credit students was 45-years-old. She said she, like many LCC students, was a non- traditional student who had to manage student costs and single motherhood. She noted that, like most LCC students, she was also a renter. She commented that many of the students she spoke with at LCC lived in sub-standard housing and that many of them feared retribution should they speak out about it. She acknowledged that it was illegal for a landlord to evict someone for speaking out, but asserted it happened anyway. She alleged that the current system was inadequate to protect renters in Eugene as the only route a renter could take to better his or her situation was small claims court. She opined that many renters could not afford to pursue that track, nor could they pay for childcare and other expenses such action could incur. She averred that housing standards and a rental housing program in Eugene were a necessity. She said this would provide a local enforcement mechanism to protect the City's residents where the courts had proven they could not. She asked the council to work to create minimum habitability standards and implement a program to provide local enforcement of those standards. Nicole Karalekas, 408 Watson Hall, representing the Eugene Citizens for Housing Standards (ECFHS), called the issue of housing standards extraordinarily important to the city of Eugene. She noted that the council had indicated that one of its roadblocks was that more research and a better understanding of the issue were needed. She asserted there was "plenty of research" costing thousands of dollars that had been conducted over the last 20 years. She recommended that the City model a housing standards system after the system in Corvallis. She explained it was a complaint-based system which established a local enforcement mechanism, the main goal of which was to provide four minimum habitability standards: structural integrity, weather-proofing, heating, and plumbing. Ms. Karalekas outlined the Corvallis rental-housing program. She noted that the first year the program in Corvallis "broke even." She opined that the process could only benefit the City of Eugene. Joan Shea, 1520 Balboa Street, said she was executive director of a not-for-profit program called Oregon Crafted. She explained that her agency had sought what portion of the Oregon economy it could "grow" and had focused on the development of visual arts. She stated that the pilot program was being paid for by the State Economic Development Department and the Oregon Tourism Commission. She highlighted the program, which was a self-directed tour of the studios and galleries in this area. She expressed hope that the agency could partner with other groups in the immediate vicinity who also focused on cultural tourism. Ms. Shea reported that her agency worked with the University of Oregon (UO) to circulate surveys to artists. Twenty-one percent of the surveys were returned. She said the data indicated that the artists who returned the surveys generated $11 million in sales over the four-county area. She opined that the economic development committee should support local artisans. Kim Hoogendoorn, 500 Jefferson Street, #4, described the apartment she shared with her son. She said the house was "infected with cockroaches," had no working heaters in the bedrooms, had plumbing that overflowed into the living room, and had a hole in the ceiling. She stated that her son had developed asthma from the moldy conditions. She advocated for housing standards to be enforced. MINUTES--Eugene City Council March 8, 2004 Page 2 Regular Session Candice Freeman, 642 Lawrence Street, stated that she shared a "horrible" apartment with her children. She said she saw problems when she moved in, brought them to the landlord's attention and that the landlord had indicated he would fix them. Seven months later, nothing had been fixed. She said paint was peeling from the ceiling over her two-year-old's bed. She noted that the apartments had been built in the 1940s and her pediatrician warned her that the children were at risk for exposure to lead. She wished she and her family could move, but they did not have the means. She related that she asked the landlord repeatedly to fix the things he had promised to fix, but now every discussion ended in a confrontation. She added that the other tenants in the building were too afraid of eviction to come forward. David Hansen, 2738 Kismet Way, read a statement from Sara Esposita on the issues of poor living conditions within the city of Eugene. She had moved into an apartment that did not have a working heater. The landlord refused to fix it because of the expense. She and her family lived in the living room with a propane heater, but after a few months gave up and moved out. He related that she wished to convey the message to the council that there were many people in the community who lived this way. Mr. Hansen asserted that many citizens of Eugene had experienced these sorts of problems. He said there were ways to address the problems and hoped that the City of Eugene would work toward doing so. Pam Reber, 78302 Swanson Lane, Cottage Grove, urged the council to expedite the process for establish- ing housing standards in the City of Eugene. She felt the need was tremendous. She recommended that, as the City sought sustainability for the City and livability in the urban center, housing standards should be considered as livability criteria. She declared them to be an asset and that they would be a reason for people to move here, to attend the UO, and for parents to send their children to school here. Ms. Reber related that she had fallen from a second floor bedroom in a rental she resided in two years earlier and fractured a vertebra in her back. She said her landlord did not take responsibility, stating he had no insurance, which in fact he did. She stated that she intended to sue him for the cost of medical bills and lost wages, because she had not other recourse. Bruce Miller, Box 50968, complimented the student body president of LCC on her presentation. Mr. Miller commended Randy Papd for attending a Board of Higher Education meeting. Mr. Miller complained about a vehicle purchase that the students of the University of Oregon had voted to undertake. Mr. Miller reiterated his suggestion that Downtown Eugene, Inc. (DE1) move into the Hilton Hotel. He alleged DE1 held secret meetings. Mayor Torrey closed the Public Forum. Councilor Bettman thanked those who testified on behalf of housing standards. She reiterated that she had voted to expedite the issue and expressed hope that her colleagues "would come around." Councilor Bettman asserted that the Chamber of Commerce was on the side of the WOW Hall. She said it MINUTES--Eugene City Council March 8, 2004 Page 3 Regular Session was part of the intrinsic values in the downtown plan to help existing businesses grow and expand. She asked what the City Council could do to direct the Planning and Development Department (PDD) to work with the hall. City Manager Dennis Taylor responded that the City was already engaged in a discussion with the WOW Hall. In response to further questions from Councilor Bettman, Mr. Taylor said he would provide a memorandum that explained to what extent the discussion with the WOW Hall had moved toward forming an agreement. Councilor Bettman replied that the City should be consistent when providing economic development benefits and that this would be a ~very good project." Councilor Kelly thanked those who spoke at the Public Forum. He underscored that the WOW Hall was a community institution. He noted he was a member of the WOW Hall. He asked the City Manager to include information in the memorandum about how staff and the council could work through the issues with the WOW Hall so that the City ended up with the housing that was planned for and the WOW Hall's goals were met. Councilor Kelly thanked the tenants who spoke out about housing standards. He averred the stories that were shared at the current meeting indicated that the council needed to expedite the issue. He called it ~fundamentally appalling in a first-world country" that there were stories such as this and that renters had no recourse aside from small claims court. He encouraged staff to utilize research already conducted on the issue. Councilor Kelly conveyed appreciation to Ms. Shea for the work she was doing to promote the arts and wished her success. Councilor Nathanson spoke in support of those who testified on behalf of visual arts and performance arts. Councilor Nathanson commented, regarding housing standards, that there were many things on the ~to-do" list, all begging for council attention. She said housing standards did get scheduled and had even been prioritized ahead of some other items, while many items were not scheduled at all. She stated that housing codes were already governed by State law and enforcement was the issue that needed to be undertaken. She recommended that staff solicit information, advice, and suggestions from the Eugene Police Department (EPD), Public Works Department, Municipal Court, and the City Attorney because they could have anecdotal information and perspectives that could come to bear on a comprehensive plan for developing the best solutions. Councilor Pap~ thanked all who spoke and especially those who spoke out about housing standards. He commented that the first time the housing standards issue had come to his attention was in December 2003. He corrected Councilor Bettman's assertion that there had been a vote of one kind or another to delay the issue and noted that it was unusual for the council to be moving as quickly on an item as it was on this one. He said he looked forward to bringing the issue back before the council. He thought the State statute did not address mold issues in housing to date, and that the council may have to consider that issue. Councilor Taylor opined that discussion of the housing code had been postponed. She asserted that it had been brought before the council ~many times." She conveyed her admiration to the people for their persistence on this issue. She commented that she was struck by how all of the things spoken to in the MINUTES--Eugene City Council March 8, 2004 Page Regular Session Public Forum, such as the WOW Hall, the arts, and housing standards were related to the economy. She felt one thing that could be built on was the food industry, the Farmers' Market and others who ~do different kinds of food things." She said the City should start with ~what we have" and try to develop that first in order to better the economy. Councilor Meisner concurred with his colleagues with respect to the housing standards. He noted that in discussing standards and enforceability it was important to note that the council could only craft an ordinance that would cover the city of Eugene. He asserted that ~vast numbers" of LCC and UO students do not live within the City limits. Mayor Torrey thanked the people for coming and testifying. He called the behavior of the children of the LCC student body president exemplary. He said the children were learning a lot and should be proud of their mother. 2. CONSENT CALENDAR A. Approval of City Council Minutes - January 26, 2004, Work Session - February 9, 2004, City Council Meeting - February 11, 2004, Work Session B. Approval of Tentative Working Agenda C. Approval of Resolution 4787 of the City of Eugene, Oregon, Authorizing the Issuance and Sale of the City's General Obligation Parks and Open Spaces Bonds in a Principal Amount of Not More Than $6,305,000 D. Approval of Additional Community Development Block Grant Funds for Site Acquisition and Business Development Fund Councilor Bettman, seconded by Councilor Poling, moved to approve the items on the Consent Calendar. Councilor Bettman said she had previously submitted corrections to the minutes via email. She thanked staff for answering her questions on Item D. Mayor Torrey deemed Ms. Bettman's corrections, without objection, approved. Councilor Kelly stated that he had previously submitted corrections to the minutes via email. Mayor Torrey said the corrections had been reviewed and that, without objection, they were deemed approved. Councilor Pap6 conveyed the unanimous support of the Housing Policy Board for the property acquisition in Item D. Roll call vote; the motion passed unanimously, 8:0. MINUTES--Eugene City Council March 8, 2004 Page $ Regular Session 3. PUBLIC HEARING AND ACTION: Resolution 4788 Adopting a Supplemental Budget; Making Appropriations for the City of Eugene for the Fiscal Year Beginning July 1, 2003, and Ending June 30, 2004 City Manager Dennis Taylor introduced Kitty Murdoch, Budget Manager, and said she would present the highlights of Supplemental Budget #2. Ms. Murdoch stated that the supplemental budget sought to recognize a few primary changes, including revenues from grants and other sources, such as the stop-loss carrier portion of the health insurance benefits. She said $500,000 would be moved from the hospital siting reserve into the Central Services operating budget to begin work in earnest on the siting project. She reported that $1 million in donations received from the Ruel Gierhart estate would be moved to the Oregon Community Foundation to establish an endowment to benefit the library. She said the financing plan for the purpose of purchasing property adjacent to the maintenance yard at Roosevelt Boulevard and Garfield Street was being carried out, as approved by the council on February 9. Resources were being moved from the Road Capital Projects Fund and the Systems Development Capital Project Fund to the Special Assessment Capital Fund for the Lone Oak Widening Project. She called attention to the contingency request of $50,000 for the Mayor's Task Force on Economic Development, leaving a balance of $269,922 in the contingency account. Mayor Torrey opened the public hearing. Seeing no one who wished to speak, Mayor Torrey closed the public hearing. Councilor Nathanson asked for an explanation of the $99,000 in reimbursable overtime. Ms. Murdoch answered that it was largely for ambulance service stand-by. Councilor Nathanson asked for more information on the stop-loss limit. Ms. Murdoch responded that when there were extraordinary medical claims, in excess of $100,000, there was an insurance program that reimbursed the City for those extraordinary costs. She said that there had been some large claims over the past year and the City was being reimbursed $800,000 for them. Councilor Nathanson suggested that staff provide, at a future time, information on the City's insurance programs. Councilor Kelly noted that several councilors had disagreed on the Roosevelt property purchase. Mr. Taylor affirmed, in response to a question from Councilor Kelly, that the action to move the money from the hospital siting reserve was intended to make it available. Councilor Kelly said he would like to hear back periodically in order to account for the spending. He opposed spending significant amounts of money on consultants. He hoped staff would be given priority in bringing ideas to bear in consideration of the siting of the hospital. Mr. Taylor confirmed that staff in all departments had been working on it. He said the motion would try to preserve the funds for a larger incentive and not spend the money on ongoing studies that may be required to identify any perceived problems. He reiterated that the supplemental budget intended to position these funds and make them available. Councilor Kelly asserted that the County had declined to match the funding for the cattery. He thought the City should then withdraw its $15,000 in funding from the cattery as well. Ms. Murdoch responded that MINUTES--Eugene City Council March 8, 2004 Page Regular Session she was unaware of the County action and would follow up on this. Councilor Kelly commented that the council had not held an executive session to discuss significant legal issues in quite some time. Mr. Taylor agreed, and suggested that one be scheduled as soon as there was time available. Councilor Bettman said she would support the budget, but wished to reiterate for the record her opposition to the Public Works property purchase. Councilor Bettman opposed the expenditure of $69,306 of Road Capital Fund money on the Lone Oak Drive widening project as it was money that could be spent on preservation and maintenance of existing roadways. She asserted that the project had resulted from a petition by three property-owners and by virtue of the petition the project had moved to the top of the queue. She advocated for revisiting the rules that governed such petitions. She felt this should be looked at within the context of how the road funds could be prioritized better. In response to a question from Councilor Papd, Ms. Murdoch surmised that item (d) on page 148 of the packet was "Homeland Security" money funneled through the State. Regarding item (b) on page 150, Councilor Papd asked if the endowment was something the City did not feel able to handle. Ms. Murdoch said that it was hoped the foundation would be better equipped to make investments and handle the fund as an endowment. Councilor Papd expressed concern regarding item (e) on page 155. He asked why this was being done in the supplemental budget and why it was not being put in the next year's budget and run through the "normal" process. Ms. Murdoch replied that the $4,500 in question was a result from a contract that was no longer being used. She commented that Public Works probably could do without the money this year. Kurt Corey, Public Works director, said staff would provide a memorandum on why it was included in the supplemental budget, adding that the goal was to balance out the budget. Councilor Bettman, seconded by Councilor Poling, moved to adopt Resolution 4788 adopt- ing a Supplemental Budget; making appropriations for the City of Eugene for the Fiscal Year beginning July 1, 2003, and ending June 30, 2004. Councilor Meisner expressed support for the motion. He commented, regarding the Gierhart endowment, that the foundation was better able to invest the money mentioned in the budget. He pointed out, however, that there was an additional $320,000 that was not being put into the foundation, but rather was being put into library reserves. He acceded that staff's rationale for putting it in the reserve fund was valid, but opined that it was not consistent with the bequest. He felt that, instead of being used for library funds, it was being made available to cover a potential general fund shortfall. He said he would not oppose to transfer $1 million in this budget proceeding, but likely would seek to transfer a larger portion of the bequest to the foundation for investment for endowment purposes. Roll call vote; the motion to adopt Resolution 4788 passed unanimously, 8:0. MINUTES--Eugene City Council March 8, 2004 Page Regular Session Mayor Torrey adjourned the meeting of the City Council at 8:24 p.m. Mayor Torrey convened the meeting of the Eugene Urban Renewal Agency. 4. PUBLIC HEARING AND ACTION: Resolution 1029 Adopting a Supplemental Budget; Making Appropriations for the Urban Renewal Agency of Eugene for the Fiscal Year Be- ginning July 1, 2003, and Ending June 30, 2004 Ms. Murdoch said the request would appropriate $750,000 in Urban Renewal Agency funds, $350,000 of which to be used to continue the design of transportation improvements and $400,000 dedicated the construction of Ferry Street between 6th Avenue and 8th Avenue, both commitments the City had made to the Government Services Administration (GSA). Mayor Torrey opened the public hearing. Seeing no one who wished to speak to the issue, Mayor Torrey closed the public hearing. Councilor Meisner conveyed his support for the supplemental budget. He requested a written analysis of how charges, in particular for planning and development, were being paid for and whether they were charging back to the renewal costs that were being imposed. Councilor Kelly asked, regarding the $400,000 for Ferry Street improvements, when the burden had been shifted from the Federal government to the City for these improvements. Mike Sullivan, Community Development Division Manager, responded that the money would be contingent in the event that the money from the federal government was either delayed or insufficient to build those improvements. He added that the Ferry Street improvements were the one, single element of infrastructure required for the new courthouse to open its doors. Mr. Sullivan noted that the GSA had, in the fall, questioned whether it wanted to go forward. He related that, as a result, the council took an action on October 27 to reaffirm support for the courthouse and to include contingent funding for improvements related to transportation. Councilor Kelly disagreed. He alleged that contingent funding for street improvements was not approved at that time. He said the council had passed a motion indicating that language would be included in the next draft of the Urban Renewal Plan to allow for such a thing. Mr. Sullivan said this was true. He stated that the language would provide for future use of Urban Renewal Funds. In response to a question from Councilor Kelly, Mr. Sullivan thought the courthouse would be constructed in spring of 2005. Councilor Kelly asked why, then, there was "a rush" to pass the supplemental budget rather than waiting for the fiscal year budget process. Mr. Sullivan answered that this harkened back to the inclusion of criteria that the City would provide the funds as a "contingent backstop" to ensure the Ferry Street improvements were implemented as per a provision in the agreement with the GSA. He explained that the agreement between the GSA and the City could not be signed without budget authority to provide for those improvements. MINUTES--Eugene City Council March 8, 2004 Page 8 Regular Session In response to a question from Councilor Kelly, Mark Schoening, City Engineer, said additional funding projected to be from $250,000 to $300,000 could come from a federal earmark and then it would be part of the overall project cost. Staff had testified before the Lane County Road Advisory Committee requesting the County to amend its capital improvement program (CIP) to include the non-federal match for the improvements. Councilor Kelly noted that the agenda item summary (ALS) said that, should the United Front lobbying effort result in the federal earmark, $350,000 expended by the City would not be eligible to count as part of the 20 percent non-federal matching fund. He questioned why this could not be used as the match. Mr. Schoening explained that it would not be eligible until there was an actual federal appropriation and an amended inter-governmental agreement (IGA) with the Oregon Department of Transportation (ODOT). He further clarified that it would not be used for a matching fund if it was spent prior to receiving the federal earmark and amending the IGA, which was certain to happen. Councilor Kelly said that, from a philosophical standpoint, he could not support the supplemental budget. Councilor Pap~ advocated for coordination on what the City would go to the County for in terms of road projects. He asked for a memorandum on how the City would approach the County. Councilor Bettman commented that it appeared the City was already into the courthouse transportation project for $750,000 and had yet to break ground. She asserted the City would ultimately put $2.6 million of local money in the project. She opined that using urban renewal tax increment was a "travesty" against the taxpayers of this City. She alleged that it was money skimmed off from the General Fund and money that could be used for essential City services was being spent on transportation projects, which she felt had other sources of money to mm to. She called it "unforgivable" and said she would not support the supplemental budget. Mayor Torrey expressed hope that the council would support the supplemental budget. He stressed that the GSA was depending on it. Councilor Nathanson remarked that she had been a strong supporter of this project, but she was not happy with the amount of available money that would be left in the urban renewal district to use for the kind of public improvement projects that the council would like to see, whether it was a public plaza or pedestrian amenities. She said that the improved access would generally help the City have the rest of the property be more sellable and developable and to that extent it would be worth it. However, she was uncomfortable with the "sticker shock." Roll call vote; the motion passed, 5:3; Councilors Bettman, Kelly, and Taylor voting in opposition. Mayor Torrey adjourned the Eugene Urban Renewal Agency and reconvened the meeting of the City Council. 5. ACTION: Approval, Of Findings, And Recommendation From The Hearings Official and Adoption of an Ordinance Levying Assessments for Paving, Curbs, Gutters, Sidewalk, MINUTES--Eugene City Council March 8, 2004 Page 9 Regular Session Median, Parking Bays, Street Lights, Street Trees, and Storm Water Drainage System on Lone Oak Drive From Division Avenue to 250 Feet East of Lone Oak Way (Contract #2004-08) (Job #4058) Councilor Bettman, seconded by Councilor Poling, moved to approve the Findings and Recommendations of the Hearings Official of March 1, 2004. Roll call vote; the motion passed unanimously, 8:0. Councilor Bettman, seconded by Councilor Poling, moved that the City council adopt Council Bill 4869, an ordinance levying assessments for Lone Oak Drive. Councilor Bettman registered her opposition to the motion for the reasons she had previously cited. She said there was $69,306 from the Road Fund, $5,486 in transportation systems development charges (SDCs), andS67,634 in stormwater SDCs. She felt it obvious that this was an increase in capacity and could warrant more transportation SDCs, allowing more money to be eligible for use in maintaining the existing street system. She reiterated that the process of petitioning for upgrades was developed in the 1970s and should be reviewed. Councilor Kelly expressed his support for the motion because it constituted the current mechanism. He thought a work session was in order and that Councilor Bettman made a good point. He agreed that the policy allowed just a few people to petition for such projects. Roll call vote; the motion passed, 6:2; Councilors Bettman and Taylor voting in opposi- tion. The council took a ten-minute break at 8:50 p.m. 6. ACTION: An Ordinance Amending the Eugene-Springfield Metropolitan Area General Plan Diagram and the Fairmount/University of Oregon Special Area Study Diagram and Text; Amending Sections 9.8865 and 9.9570 of the Eugene Code 1971; Adding new Sec- tions 9.4200, 9.4205, 9.4210, 9.4215, and 9.4220 to that Code; Adopting a Severability Clause; and Providing an Effective Date Councilor Kelly, seconded by Councilor Nathanson, moved that $35,000 be set aside from the General Fund Contingency and used in the current or subsequent fiscal years to fund the Agate Street and area-wide traffic studies called for in the proposed East Campus Plan and the study results shall be distributed to the council for consideration of the next steps. Councilor Kelly commented that the approval of the plan would be a tremendous benefit to the University of Oregon and the university provided a tremendous benefit to the community. Nonetheless, he felt it important to indicate to the neighbors that the council would be working and looking at their concerns through this process by setting aside the funding for the studies. He noted that the contingency fund had a balance of $269,000. Councilor Poling said he had planned on making a similar motion, based on the testimony submitted in MINUTES--Eugene City Council March 8, 2004 Page Regular Session person and in writing. Regarding improvements, he averred that the study was necessary to determine what was needed. To do otherwise, he said, would be putting the cart before the horse. He remarked that, given the council had expressed general support for funding the study, he had been surprised that Councilor Kelly's memorandum made a point of stating that he would not support the ordinance without support for his motion. Councilor Meisner conveyed his support for the motion. He asked if the traffic study would be premature and would need to be redone as development took place. Councilor Kelly responded that it was not his intent to put specific timing on the motion, but that a couple of the policies in the ordinance had called for it to occur ~not later than" a specified year. Councilor Meisner wondered if the money would remain allocated to this or if it would need to be reallocated. Mr. Taylor responded that, should it not be expended by the end of the year, it would either be rebudgeted or carried over. Councilor Meisner asked staff to let the council know in writing what action it needed to take to ensure funding. Councilor Pap~ supported the motion. He pointed out that there were other areas of town that needed funding for these sorts of studies and the resulting planning, and it was important to ensure that they also had access to funding. Roll call vote; the motion passed unanimously, 8:0. Councilor Bettman, seconded by Councilor Poling, moved that the City Council adopt Council Bill 4866, adopting amendments to the Eugene-Springfield Metropolitan Area General Plan, the Fairmount/University of Oregon Special Area Study, and the Eugene Code. Councilor Bettman, seconded by Councilor Kelly, moved to amend the ordinance by add- ing the following language as paragraph (f) to Policy 6 in subsections 3(b) and 3(0) of the ordinance, and as subparagraph 6 of section 9.9570(3)(f) in Section 7 of the ordinance, as follows: ~Conditional uses shall not exceed a total of 35,000 square feet within the Low- Density Residential area." Councilor Pap~ asked what area the language would cover. He did not feel ready to accept the motion without a thorough look at the affected area. Mr. Taylor suggested that Senior Planner Allen Lowe speak to the issue. He noted that the motion was in addition to and different from the recommendations that were brought to the council by the stakeholder group, which had met for 18 months to try to work out solutions. Mr. Lowe explained that the proposal for the restriction would apply to the area which was east and south of the area designated LHDRLI. He said it lay along Villard Street, north of 19th Avenue, and was intended to be a buffer zone or a ~graceful edge." He stated that primarily single-family homes existed there. He related that the neighborhood had asked for no conditional uses in that area all along. He noted MINUTES--Eugene City Council March 8, 2004 Page Regular Session that there were additional restrictions on conditional uses in the area above and beyond any other area of the City in the amended language. He stressed that staff recommended against the restriction and that the Planning Commission had unanimously opposed it as well. He averred it could be detrimental to development there. Councilor Nathanson remarked that the rationale had been covered in the previous meeting. She said she would support the Planning Commission's recommendation. Councilor Kelly stated that Villard Street was a wide street with a median and the properties were privately owned on the east side of the street and owned by the U of O on the west side. He stressed that the amendment only covered a little strip of land because the policy only applied to the land on the campus. He thought that, should lot lines be dissolved on the U of O property, there could be a great deal of conditional use. He did not feel it unreasonable to say to the neighbors that this edge of the campus would maintain an aesthetic symmetry with the neighborhood. In response to a question from Councilor Meisner, Mr. Lowe clarified that the amendment indicated 35,000 square feet of land mass. Councilor Bettman reiterated that the provisions in the plan only applied to the University land. She asked the councilors to consider whether they would be willing to invest in property that could be adversely affected by development. She added that City policies dictated that residential uses should be protected in the urban core. Councilor Solomon stated that the neighbors had worked in good faith as did the University to reach this agreement and the work that the whole group came up was advanced to the City Council. She averred the amendment was not an important piece of the final agreement. Furthermore, she commented that the University had an outstanding architecture school. She averred it should get some credit for building out in a thoughtful and creative way. Councilor Taylor voiced her support for the amendment. She called it a small safeguard against the possibility of changes in the University's development policies. In response to an assertion by Councilor Bettman, Mr. Lowe stated that the 35,000 square foot restriction was new and had not come from the negotiating group. Roll call vote; the amendment passed, 5:3; Councilors Pap6, Poling, and Solomon voting in opposition. Roll call vote; the main motion passed unanimously, 8:0. The meeting adjourned at 9:20 p.m. Respectfully submitted, MINUTES--Eugene City Council March 8, 2004 Page 12 Regular Session Dennis M. Taylor City Manager (Recorded by Ruth Atcherson) M: 12004 ICentral Services DepartmentlCity CouncillccO40308m2. doc MINUTES--Eugene City Council March 8, 2004 Page Regular Session