HomeMy WebLinkAboutCCMinutes - 07/12/04 Mtg MINUTES
Eugene City Council
Regular Meeting
Council Chamber--Eugene City Hall
July 12, 2004
7:30 p.m.
COUNCILORS PRESENT: Bonny Bettman, George Poling, Nancy Nathanson, Scott Meisner, David
Kelly, Betty Taylor, Gary Papd, Jennifer Solomon.
His Honor Mayor James D. Torrey called the regular meeting of the Eugene City Council to order. He
noted that the Eugene l/Veek/y erroneously indicated a public hearing on the transportation aspects of the
possible siting of the McKenzie-Willamette/Triad Hospital at the Eugene Water & Electric Board (EWEB)
headquarters site was scheduled to occur at the meeting. He asked those who were present to testify on the
alleged item to provide their testimony during the Public Forum instead.
1. PUBLIC FORUM
Mayor Torrey reviewed the rules of the Public Forum.
Ray Wolfe, 1473 Luella Street, opposed the proposed land trade in which a multi-acre site north of Eugene
was proposed to be exchanged for land in the Laurel Hill Valley area. He expressed concern at the alarming
rate at which farm land was disappearing. He alleged that 1.2 million acres of farmland had disappeared in
2003, approximately equivalent to the size of the state of Delaware. He stressed the importance of local
food production.
Mr. Wolfe stated that 28 million barrels of oil were consumed every year while only 7 million barrels were
newly discovered. He said there were no adequate alternatives for oil, adding that modem farm production
was dependent on the usage of petroleum products. He provided his testimony in writing.
Laura M. Ohanian, PO Box 811, Eugene, conveyed her unhappiness with the proposal to locate a hospital
at the EWEB site. She opposed the loss of ~prime riverfront," asserting that most places preserved natural
features such as this. She felt this feature made people more likely to invest in the community and stay. She
related a story of driving around Lake Michigan toward Chicago, Illinois, and observed that the industriali-
zation had irrevocably marred the natural landscape there. She did not want such development to occur here
as it could never be adequately mitigated to its previous state.
Kathy Saranpa, 3015 Friendly Street, said she had spoken before the City Council four months earlier
about an ~ill-conceived" proposal to redesignate Friendly Street, Storey Boulevard, and Crest Drive as
collectors. She related that the issue had been tabled pending further study. She reported that nothing had
been heard by the neighborhood and all that was known was that Satre and Associates had been hired as
consultants.
Ms. Saranpa also expressed concern about the potential siting of the hospital on the riverfront. She alleged
this was ~all but a done deal" with very little citizen participation. She felt both issues were examples of
disrespect to the voting public. She urged the City Council and City staff to remember that government was
of the people, for the people, and by the people. She questioned the merits of spending money on consultants
in the face of the City's inability to adequately support the neighborhood newsletter program. She
commended Councilor Taylor for her work on behalf of her ward.
Major Defoe, 98370 Highway 99, Junction City, shared a picture of the Oregon Horse Center. He said he
purchased the property in 1991. He stated that he had taken into consideration its proximity to restaurants
and hotels and also how the horse operation would impact its neighbors. To date, he asserted he had
invested approximately $6 million in the property. He had not thought that the City would grow around
him. He accused the Parks and Open Space Division of deliberately trying to keep the potential land swap
quiet. He related he had spoken with his neighbors and none had been brought into the discussion.
Mr. Defoe asked the City Council to consider the impact of the proposed action on the horse activities that
take place at the Horse Center.
J. Malcolm McRae, 90751 Prairie Road, conveyed neighbors' concerns regarding the impact of the land
exchange on the Oregon Horse Center. He felt the change the City was pursuing threatened to significantly
shorten the life span of the center. He cited the closure of the fairgrounds to horse activities as a story of
how neighborhood opposition could affect such an operation. He noted the Region 2050 process called for
the property to eventually be absorbed into the urban growth boundary (UGB) and Mr. Dafoe understood
this. However, Mr. Dafoe had worked through the permitting process and was in compliance with land use
law. He thought the land swap could close the facility 40 years sooner than Mr. Dafoe had projected it
would. He suggested there was a different way to develop the park that would not place residences in
proximity to the center.
Mark Rabinowitz, 28549 Sutherlin Lane, alleged the West Eugene Parkway had just become $1.5 million
"more expensive" as the result of hiring a consultant. He commented that this amount of money could have
repaired all of the intersections on West 11th Avenue. He predicted a new City Council would vote in a new
TransPlan amendment.
Mr. Rabinowitz opposed a new road along the Willamette River as he believed it would be ecologically
disastrous.
Mr. Rabinowitz stated that Lane Community College (LCC) was sponsoring a forum on July 21 as part of
its energy management series. The guest speaker was Richard Heinburg, author of several books on oil
depletion and the development of alternative energies. He opined that the West Eugene Parkway would not
be built due to a lack of petroleum products. He recommended reading an article in National Geographic
on oil production.
"Drix," 307-'/2 14th Avenue, commented that the river was a great thing in Eugene. He acknowledged that
Eugene had to grow, but thought it could grow "with class." He called the river a spiritual connection. He
thought, should the City "stick offices there," it should be done thoughtfully. He thought the City of
Portland had done a good job of developing along the river. He likened the river to having "only one pretty
daughter" and urged the council and staff to be careful in what it did with it.
Mayor Torrey closed the Public Forum and called for comments from the council.
Councilor Kelly thanked those who spoke in the Public Forum. He said he understood that Councilor Poling
had asked staff for an update on the Crest Drive/Friendly Street area issues. He also wished to know why
meetings between City staff and neighborhood residents had yet to occur. City Manager Dennis Taylor
responded that he would keep the council abreast of what staff was doing in this regard.
Councilor Kelly assured Mr. Dafoe that the only thing action scheduled for the present meeting would
accomplish was the initiation of a Metro Plan amendment. Pursuant to initiation, there would be several
public hearings and opportunities for the provision of citizen input. He noted that Mr. Dafoe had been under
the governance of the County. He suggested he raise his concerns before the Lane Board of County
Commissioners as well. He recommended that the immediate neighbors of the Oregon Horse Center receive
notices of hearings, etc, related to the land use actions.
Councilor Taylor opposed the land exchange. She felt it important to keep the food supply close to the
population. She called the destruction of farm land ;;foolish."
Councilor Taylor asked why Satre and Associates was hired as a consultant.
Councilor Taylor reiterated her opposition to the placement of any road by the river. She said she only
agreed to the placement of the hospital at the riverside site because it had already been developed by EWEB.
Councilor Bettman noted that she had made a motion to buy the park property north of Eugene and the
motion was tabled. She did not support the land exchange.
Councilor Bettman asked for further information on the status of options for access to the proposed hospital
site. She did not feel placement of the road north of the tracks to be necessary.
Councilor Bettman also wanted further details on the hiring of Satre and Associates.
Mayor Torrey conveyed his support for Mr. Dafoe's horse center. He related that several people had called
him to complain about the rodeo held at the center during the previous week and he had admonished them to
~wait it out" as the rodeo was a temporary activity. He stressed that there was no movement afoot to shut
down the Oregon Horse Center. He also underscored the necessity for development of a park for the north
Eugene/Santa Clara area. He felt there was a way for the development and the horse center to coexist. He
thought the Mr. Dafoe's early involvement in the process would aid in the creation of legislative intent to
protect Mr. Dafoe's designated use for the property. He complimented Mr. Dafoe, calling the horse center a
~good economic activity."
Mayor Torrey urged staff to keep the council and himself aware of any developments in the Crest
Drive/Friendly Street process. Mr. Taylor replied that staff was trying to craft a strategy to come up with a
plan to ~run by" all of the stakeholders. He called it ~an important project" and indicated staff's support for
involvement of the neighborhood.
3. CONSENT CALENDAR
A. Approval of City Council Minutes
- May 24, 2004, Work Session
- June 14, 2004, Work Session
- June 14, 2004, City Council Meeting
B. Approval of Tentative Working Agenda
C. Appointments to Lane Workforce Partnership
Councilor Bettman, seconded by Councilor Poling, moved approval of the
Consent Calendar.
Councilor Bettman said she submitted corrections to the minutes via email. Mayor Torrey deemed them,
without objection, approved.
Councilor Kelly stated that he had previously submitted corrections to the minutes. Mayor Torrey, noting
no objections, deemed the corrections approved.
Roll call vote; the motion passed unanimously, 8:0.
3. PUBLIC HEARING:
Mayor's Civic Facilities Visioning Committee Report
Mr. Taylor asked Facilities Manager Glen Svendsen to speak to the subject of the public hearing.
Mr. Svendsen explained the public hearing on the recommended policy principles had been scheduled at the
direction of the City Council. He stated that in addition to the public hearing, an information session was
held in the McNutt Room. Ten people attended and their comments were included in the agenda item
summary (ALS). He called the action scheduled to take place on July 14, a continuing step in the process,
adding that staff would bring a number of options for the public safety building to the July 14 work session.
Mayor Torrey opened the public hearing.
Jim Hale, 1715 Linnea Avenue, opined that the creation of a Great Civic Street was an example of people
being told by experts what they want to hear to justify an important action about which the decision-makers
already had made up their minds. He said that just because the people wanted 8th Avenue to look nice was
no reason to build a public safety building there. He thought the disadvantage of the site across the street
was the Lane County Sheriffs Office (LCSO) was not interested in partnering in a building at that location.
He felt that the City should stay with its goal to partner with other agencies. He did not see a reason for the
Police Station to be across the street from City Hall. He felt a better location would be the Fire and
Emergency Medical Services (EMS) building on 2nd Avenue and Chambers Street, or perhaps in close
proximity to the Lane County Jail.
John Lawless, 90 East 26th Avenue, said the last thing to be built on 8th Avenue should be the police
facility. He thought a one-block wide swath of potentially energetic street covered by a building and
connected to the new courthouse would cause the sidewalks to be ;;rolled up" in the evening. He recom-
mended that 8th Avenue join with Broadway Street with a crossing at 8th Avenue and Mill Street to the
Courthouse District in order to enhance and enliven the pedestrian flow and activity.
Kamala Shugar, 125 East 8th Avenue, Room 400, Assistant District Attorney, thought the vision for a
justice center model would develop partnerships between public agencies and governmental agencies and
would increase public activity at the police station. She related that she had traveled to San Diego,
California, to tour a model family justice center. She said it was a city attorney's office that had imple-
mented this model. Victims felt safe there because they knew they were going to get on-site counseling, on-
site access to a restraining order petition, and on-site access to an investigator in a safe setting, as well as
other beneficial services. She hoped this model could be incorporated on a smaller scale into the Eugene
Police Department. She called it %ne-stop shopping" for victims of crime.
Russ Brink, 132 East Broadway Street, # 103, president of Downtown Eugene, Incorporated (DE1), said
there was a lot to like in the policy principles. He felt the opportunity to provide the Farmers Market a
functional long-term home in the downtown area was one of the more exciting aspects of the plan. He
opined that the Farmers Market, along with the Saturday Market, had become a real magnet of activity. He
commented that, whether the public safety building was across the street or not, the design charette that
occurred had provided a lot of good ideas to consider for the placement of it.
Mr. Brink expressed concern regarding the general use of urban renewal money to fund public buildings. He
thought the library had been a wise investment of urban renewal money, but urged the council to remember
that the real goal of this funding mechanism was to leverage private investment in a particular area.
Harriet Cherry, 1944 Alder Street, explained that she was an architect who had participated in the
charette. She felt the principles advocated by the Mayor's Civic Center Visioning Committee represented a
sound foundation for planning and design and were consistent with the charette and the downtown plan. She
suggested the following modifications:
· The principles on parking should be renamed "transportation" with the following addition:
"The Civic Center should be planned to support multiple modes of transportation including pe-
destrian, bikes, bus transit, and automobiles. Facilities for each mode should support not only
the Civic Center but also surrounding mixed uses."
· Add to the principle entitled 'Employ cost-effective development approaches': "The Civic Cen-
ter should employ sustainable principles of design, construction, and operation. Buildings and
places within the Civic Center must be built within the resources available to the community.
Within those resources, it should be treated as an important long-term investment in downtown,
a place of excellence, and reflecting community pride."
· Add a new principle called 'Mixed Uses': "Design the Civic Center to support mixed uses for
an active, diverse, and vigorous downtown. Individual buildings and places within the Civic
Center should incorporate places for art, community information, service briefs, coffee shops,
displays, and gatherings. Properties in the Civic Center district should include a variety of pri-
mary uses such as housing, retail, arts, and others."
Ms. Cherry further recommended that the City continue the efforts of the many concerned groups that had
participated in the months.
Charles Biggs, 540 Antelope Way, opposed the building of a new public safety building. He did not think it
was justified. He did not think it likely that an earthquake catastrophe would impact the current police
station. He felt the price tag was high and did not adequately take into consideration public opinion. He
likened it to throwing money around in the face of the recent budget action which had cut spending in some
areas.
Robert Cassidy, 1401 East 27th Avenue, expressed concern regarding the placement of the police station in
the center of town. He questioned whether there would be adequate parking. He approved of the concept of
having public agencies and non-government providers in one public safety facility, but noted that it seemed
no one wanted agencies such as Whitebird and those that feed the indigent to be located there. He suggested
this did not fit in with the vision of 8th Avenue as a great street.
Cheryl O'Neill, 24307 High Pass Road, coordinator of the Domestic Violence Council and assistant
director of Womenspace, advocated for the provision of a victim services center within the public safety
building. She noted that the victim service providers had a 20-year history of collaboration and were, in
many instances, collocated. She stated that this collocation aided people in coping with the stresses of life-
shattering situations brought about by domestic violence. She said that, as things were currently located, a
person might have to seek help in multiple places in one day. She thought it would be wonderful to have a
combined service and to have it be in conjunction with the Eugene Police Department. She related that there
were statewide studies that had indicated that people do not feel comfortable turning to the police and
suggested that collocation would increase the trust and confidence the public had in them.
Kevin Matthews, 120 West Broadway Street, president of the Friends of Eugene, provided his testimony in
writing. He asked those present to look around the Council Chamber, as he felt it was a "nice space." He
called the current City Hall a "purposefully non-monumental" building. He thought the structure could have
a seismic retro-fit. He opined that Eugene did not have many buildings that approached the caliber of the
current City Hall building. He thought there should be a community consensus on the Civic Center and
asked the council to slow down and solicit more public input.
Mark Rabinowitz, 28549 Sutherlin Lane, listed some of the concepts that had been proposed in the vision
of 8th Avenue as a Great Civic Street. He estimated this would cost $100 million to $150 million. He
agreed the earthquake threat was real and asked if the City would also retrofit schools, grocery stores, etc.
He alleged that the bridge over Interstate 5 was not being built to seismic standards.
Mr. Rabinowitz approved of a permanent Farmers Market. He opposed the collocation of victim services
agencies in a new public safety building. Regarding the latter, he thought victims could be intimidated by
the police. He suggested that, should the public safety building be approved by voters, it should be built to a
minimum size. He felt some of the "empty real estate" in the downtown area could be utilized.
L auri Segal, 1210 East 29th Place, opined there was a lack of concern for mixed uses and pedestrian scaled
amenities in the policy principles. She also expressed concern that there was no description of public open
space. She advocated for more open space and amenities that were interrelated with the built environment.
Ms. Segal opposed asking the voters to fund more facilities. She said services were lacking and not
facilities. She agreed some seismic retro-fitting was needed, but felt the jail and public defenders needed to
be staffed first. She felt there were many empty buildings downtown and more buildings were not needed.
Dan Herbert, 1913 Potter Street, suggested that prior to consideration of specific projects, a street design
that provided the context for the projects was needed. He felt the City should address setbacks, building
heights, landscaping, and the types of uses that were being proposed.
Mr. Herbert recommended that a public safety building should include related non-governmental and
accessory and commercial uses. He thought such things would add liveliness and activity to the street and to
the buildings themselves. He lauded the contribution the caf6 and the book store had made to the library.
Mr. Herbert commented that whatever building was constructed, it should be built with future uses in mind.
He explained that, as a former architect, he had witnessed buildings that he designed growing into new uses.
Zachary ¥ishanoff, Patterson Street, said he provided a packet of information to the council. He
questioned the necessity of new construction. He questioned the fairness with which contracts for
construction were awarded. He opined that Eugene sought to be branded and this was being conducted
quietly without citizen input. He alleged that the multiple-use property tax exemption (MUPTE) would wipe
out low-income housing. He thought smart growth was a bi-product of the United Nations.
Mayor Torrey closed the public hearing.
Councilor Kelly thanked those who testified for the good information. He said the policy principles were
scheduled for adoption at the work session scheduled for July 14. He suggested the council discuss the
language and not finalize the wording. In particular, he wished to incorporate Ms. Cherry's suggestion that
other transportation facilities be included in the language.
Councilor Kelly concurred with those offering testimony regarding the promotion of mixed-use planning.
He reiterated his interested in having a policy principle regarding the development of housing.
Councilor Kelly asked why the LCSO did not prefer the 8th Avenue location that had been proposed for the
public safety building. He also wondered why the Good Times lot location had been dropped from the list of
potential building sites. He supported the collocation of non-profit victim service agencies in such a
building.
Councilor Bettman said she had reviewed a report on the cost for a seismic retro-fit for City Hall and, at the
time, the cost had been prohibitive. She asked for updated numbers, given that time had transpired and the
estimated cost of the proposed building had increased. City Manager Taylor did not think such figures
could be ascertained prior to the upcoming work session, but suggested that given that the project was to be
phased in over a number of years, there would be time to further study the costs.
Councilor Bettman disagreed that retail uses should be incorporated in public buildings. She observed that
many buildings in the downtown area were vacant and this could be tantamount to subsidizing space for
retail that would compete unfairly with downtown businesses.
Councilor Poling echoed Councilor Kelly's remarks. He thought the reason the sheriff did not want to be
involved could be financial. He suggested that the building be planned with future collocation in mind,
nonetheless. He was convinced that providing victims of crime one place to go would increase the reporting
of crime and aid in the curtailment of it. He supported placing the government services in one area also,
stating that currently services were %cattered all over town."
Regarding the Eugene Police Department building, Councilor Poling stressed that it was antiquated and
over-crowded. He called conditions in the building ;;deplorable."
Councilor Taylor thanked those who testified. She did not think the council was ready to act on the policy
principles at the Wednesday work session. She agreed with Mr. Matthews that City Hall was a nice
building. She asserted that this opinion had been widely held in the design charette.
Councilor Taylor suggested that the Police Department could move into the vacated fire services area. She
concurred with testimony expressing concern that two blocks of government buildings would create a dead
zone at night.
Councilor Nathanson questioned the policy principle which suggested all government functions be
consolidated. She did not think this appropriate.
Regarding mixed-use, Councilor Nathanson suggested the language be very carefully crafted in order to
indicate whether this should be achieved by block, by street, or by neighborhood. She stressed that how it
was required could lead to problems in achieving the goal as further regulation could ultimately tie the hands
of desired development.
Mayor Torrey opined there was merit in the collocation of the sheriff's office and the EPD. He commented
that one problem was the differential between the City of Eugene's financial capacity and the County's
financial capacity. It seemed people outside of the City tended to oppose bond issues, particularly when
considering items that seemed to benefit city residents.
Mayor Torrey did not believe it necessary to burden the City with long processes to do good acts. He felt
there were newspaper articles and television news pieces on the proposals and citizens were being adequately
noticed regarding the consideration of a new Civic Center.
Regarding 8th Avenue, Mayor Torrey noted there had only been one comment regarding the designation of
8th Avenue as a Great Civic Street. He noted that Mr. Lawless had suggested that Broadway Street would
be a better Civic Street, but added that he was not opposed to the designation if there was a way to make it
compatible with movement, people, and action. He believed that the City could make this accommodation
happen. He hoped the designation could be approved so the council could move on the item.
Mayor Torrey called for a ten-minute recess.
4. PUBLIC HEARING:
An Ordinance Concerning Alarm Systems; Amending Sections 3.005, 3.110, 3.115, and
3.990 of the Eugene Code, 1971; and Repealing Section 3.100 of that Code
City Manager Taylor noted that no one had signed up to speak. He said staff had done outreach to the
affected stakeholders. He recommended the council take action by unanimous consent.
Mayor Torrey opened the public hearing. There being no requests to speak, Mayor Torrey closed the public
hearing.
Mayor Torrey asked if there was any opposition to taking action at the present meeting. Seeing none, he
called for a motion.
Councilor Bettman, seconded by Councilor Poling, moved that the City
Council adopt Council Bill 4875, an ordinance concerning alarm systems.
Roll call vote; the motion passed unanimously, 7:0, as Councilor Nathan-
son was excused.
5. ACTION:
Initiation of Metro Plan Amendment to Swap Residential Land Inside and Outside urban
Growth Boundary and Add 77 Additional Acres to Urban Growth Boundary for Commu-
nity Park for Santa Clara
Councilor Bettman reiterated the tabled motion, as follows:
Councilor Bettman, seconded by Councilor Kelly, moved to amend with a
substitute motion to direct the City Manager to return to the council with a
resolution to purchase the 77 acres, identified for a community park in
Santa Clara, at fair market value and to include the provision of exercising
eminent domain if necessary.
Councilor Kelly offered a friendly amendment to add at the end of the motion the following language:
"... and to initiate the necessary Metro Plan amendment to include the
77 acres within the urban growth boundary."
Councilor Bettman accepted the friendly amendment.
Councilor Kelly preferred to acquire the property. He clarified his intent in his friendly amendment.
Councilor Kelly offered the following friendly amendment to his friendly amendment:
"... and to initiate the necessary Metro Plan amendment to include up
to 77 acres within the urban growth boundary."
Councilor Bettman accepted the friendly amendment.
Councilor Bettman supported the acquisition of the property. She believed the acquisition of the park land
was not inconsistent with the rural character of the surrounding area. She opined that the exchange proposal
benefited the developers much more than the taxpayers. She felt the proposal disguised the fair market value
and the benefit. Councilor Bettman thought the provision of this sort of benefit to all developers could have
provided the City with more proposals to choose from. She pointed out that the property would be
developed with very high intensity uses. She termed that quintessential leapfrog development, and suggested
that the council was working at cross-purposes when it subsidized downtown development for its cost
effectiveness using urban renewal dollars as well as this kind of "costly sprawl."
Councilor Pap6 respectfully disagreed with Councilor Bettman. He said that whether the McDougals were
receiving something more beneficial than the public was open to discussion. He stressed that the City had
heard for years that it had failed to provide the residents of the northern area of Eugene with adequate parks
and open space. He felt the land exchange would benefit those residents greatly.
Councilor Pap6 asked for an explanation of the funding to purchase the property. Andrea Riner, Parks and
Open Space Planning Manager, responded that there were funds set aside from the Parks and Open Space
bond measure. Mr. Taylor added that $1 million had been designated for the exchange and would be used
for the purchase.
In response to another question from Councilor Pap6, Ms. Riner said systems development charges (SDCs)
would be used to develop the park site. Councilor Pap6 asked if the land exchange proposal would save the
City money. Ms. Riner replied that the exchange proposal would include spending the designated bond
funding on the purchase of the Laurel Hill site. City Manager Taylor added that one proposal netted the
City 40 acres while the other netted the City 270 acres, based on the best estimates of the fair market values
of the acquisition of the property from a willing seller.
Councilor Pap6 asked if it was a value to the public to conduct the exchange. City Manager Taylor affirmed
it was, adding that it was his recommendation.
Ms. Riner stated, in response to a further question from Councilor Pap6, that without the exchange the City
did not have a willing seller. She said this would mean the City would have to engage in an eminent domain
process, which would prolong the wait and cost money.
Councilor Taylor felt Councilor Bettman had "done an excellent job" in arguing against the exchange. She
supported the amendment. She did not think it was necessary to have 77 acres for the park and would
support using the condemnation process to obtain land if it was necessary.
Councilor Poling asked the council not to forget Mr. Defoe's testimony. He emphasized the importance of
putting the park proposal together with clarity so Mr. Defoe's horse enterprise would continue to thrive.
Councilor Poling commended City staff members, stating they had "done their homework." He was
convinced that the exchange provided the greatest benefit to the City. He opposed the amendment.
Councilor Meisner thanked staff for the informative responses to questions. He also thanked the citizens
who worked on comprehensive parks planning.
In response to a question from Councilor Meisner, Ms. Riner stated that condemnation had been used for the
Willamette Greenway acquisition.
Councilor Nathanson believed that citizens were benefiting from a good deal. She felt that purchasing the
land outright would make the City pay more for less and would not achieve the protection of and access to
the natural area in the South Hills. She called the exchange a solution that would provide the City with two
"major assets," would meet the wishes of many citizens who had testified over the years and would not
discount the work of many staff people.
Mayor Torrey said in 1998, the Parks and Open Space measure called for a large park in the north end of
town. He believed this was the best opportunity to provide the best benefit for all of the citizens in Eugene,
especially the people who resided in the River Road/Santa Clara area. He said he would not support the
amendment in the event of a tie.
Councilor Bettman pointed out that the amount of land to be gained in the swap was 207 acres and not 270
acres as had been previously mentioned.
Councilor Bettman reiterated her assertion that the land swap was tantamount to a special benefit to the
developer. She felt the McDougals were receiving such a huge benefit that they should give the City the
Moon Mountain property as well.
Roll call vote; the vote on the motion was a 4:4 tie; councilors Meisner,
Taylor, Bettman and Kelly voting in favor and councilors Pap~, Poling,
Nathanson, and Solomon voting in opposition. Mayor Torrey cast his vote
in opposition to the motion and it failed on a final vote of 5:4.
Councilor Kelly also thanked staff for the thorough responses. He was confused by what was and was not
legally binding in the Metro Plan amendment or in "some other side agreement" associated with it.
Ms. Riner said that the public and staff oversight on the project were two-fold; through the Metro Plan
amendment and as a co-applicant. She said her division had the ability to review and approve the master
plan for the 197 acres, and not just the park. She stated that it would be evaluated in order to determine that
it met the purchase agreement.
City Attorney Glenn Klein added that, at a minimum, there would be a Metro Plan designation which would
come back before the City Council in addition to the amendment to the UGB. He added that the City was
both the land owner and the regulator in this situation. He anticipated that a detailed master site plan would
be developed in which all the different land uses would be delineated and would be incorporated into legally
binding documents.
Councilor Kelly noted the City was at the beginning of the park development process. He was uncertain
how he would ultimately vote on the issue. He appreciated that there would be specificity in the further
planning processes. He suggested that staff consider holding at least one charette style process.
Councilor Meisner commented that he had enough qualms about the land exchange that he had supported the
amendment. He would, however, support the main motion as it was time to provide the northern area of the
City with a park. He called public input "substantial" as to what the park would include and he looked
forward to seeing how it would be developed.
In response to a question from Councilor Bettman regarding the Laurel Hill property, Ms. Riner explained
that the language in the agreement was flexible, but the intention of the acquisition was for ridgeline open
space. Mr. Klein added that the property would not develop without City Council approval. Councilor
Bettman expressed concern that in five years a different City Council might choose to develop the property
differently.
Councilor Bettman did not see how a buffer on the Santa Clara site could be wide enough to protect an
estimated 1,000 housing units from the activity at the horse center. She recommended that Mr. Defoe
protect his interests.
Councilor Papd said it was past time to develop a community park in the Santa Clara area. He read aloud
from pages 202 and 203 of the Agenda Item Summary, which affirmed that the park was aligned with the
goals of the City and the land swap was considered to have the same or greater benefit to the citizens of
Eugene than it did to the developer.
Councilor Kelly felt it would behoove all who were involved if, as the master plan was developed, a check-in
time with the City Council was scheduled in order for the council to weigh in on the parameters of it. He
agreed that it was past time to provide a park for the Santa Clara area. He voiced his reluctant support for
the vote on the initiation of a Metro Plan amendment. He did not feel he had enough information to vote on
the land exchange at the present time and hoped the council would learn more through the public hearing
processes.
Councilor Taylor opined that money was being wasted on the process and conveyed her hope that the public
was aware of this.
Roll call vote; the motion passed, 6:2; councilors Taylor and Bettman vot-
ing in opposition.
Mayor Torrey adjourned the meeting at 9:50 p.m.
Respectfully submitted,
Dennis M. Taylor
City Manager
(Recorded by Ruth Atcherson)