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HomeMy WebLinkAboutCCMinutes - 08/09/04 Mtg MINUTES Eugene City Council Regular Session Council Chamber--City Hall August 9, 2004 7:30 p.m. COUNCILORS PRESENT: Bonny Bettman, George Poling, Nancy Nathanson, David Kelly, Betty Taylor, Jennifer Solomon, Gary Pap~. COUNCILORS ABSENT: Scott Meisner. His Honor Mayor James D. Torrey called the meeting of the Eugene City Council to order. 1. PUBLIC FORUM Mayor Torrey reviewed the rules of the Public Forum. Ron Farmer, 3330 Bardale Avenue, 2004 Chair of the Eugene Area Chamber of Commerce Board of Directors, urged the council to fund a regional commercial/industrial lands study. He anticipated the local economy would continue to grow, helping the community to underwrite the costs of its quality of life. He suggested ~right-sizing" the land supply was crucial, as a tilt too far to one extreme or another would threaten the local quality of life. Mr. Farmer called for smart and reasonable planning as a solution to achieving the needed balance. He said that planning must be based on facts with current and correct information, which was currently missing with regard to the land supply. Mr. Farmer asked the council to avoid politicizing the process and to hire an outside expert acceptable to all parties. He asked it not to qualify the process and not to burden it with criteria. He said there would be time to argue about how the information was used when the inventory was complete. Mayor Torrey noted that eight more people had signed up to speak for the Public Forum, and called on the Council President for a motion to extend the time for the item. Councilor Bettman, seconded by Councilor Poling, moved to extend the time for the Public Forum to 45 minutes and to encourage speakers to be brief. The motion passed, 6:1, Councilor Solomon voting no. Ed Weeks, no address given, Chair of the Research and Evaluation Committee for United Way of Lane County, discussed the results of United Way's recent biennial survey. The survey indicated clear evidence that typical, hard-working local families with median household incomes were facing a challenge meeting ordinary living expenses. He cited statistics from the survey in support of his remarks, and noted that families with children were even more heavily impacted. He suggested something was deeply wrong with a society that allowed such families to approach insolvency, and urged the council to always keep in mind the need to have a healthy economy. MINUTES--Eugene City Council August 9, 2004 Page 1 Regular Session Priscilla Gould, no address given, Executive Director of United Way, said the economy had a ~huge" bearing on people's ability to support basic needs. Those most in need were most affected when good jobs and benefits were lost. Families suffer, and those most frail paid the price as the service system was stretched %eyond the breaking point." Ms. Gould applauded the council for paying attention to the economy, pointing out a strong vibrant economy was important to all, not just a concern of business. Beth Gerot, 1270 River Road, supported the council's adoption of the report of the Mayor's Committee on Economic Development. She said the committee's recommendation for a commercial/industrial study was an important step to determining whether the community could meet its future growth needs. She noted her ownership of a local business, which depended on other businesses. Wise land use decisions were critical to determining how growth occurred, and to the community's quality of life. As a member of the 4J School Board member, Ms. Gerot was aware of the relationship between a strong economy and strong schools that could provide educational programs to help students fill the jobs of tomorrow. Healthy and prosperous families send healthy students to school. She commended the City on its renewed commitment to economic development, and urged the council to accept the committee's recommendations. Rick Duncan, 1850 Taylor Street, an appraiser and author of a previous lands study, urged the council to fund a new commercial/industrial lands study to provide the community with updated inventory information. He said many changes occurred since the last study was conducted, including the identification of wetlands and the removal of land from the inventory due to development. Mr. Duncan suggested the inventories were nothing more than data collection for the community's long-term planning processes. He called for other studies to help the community better understand its land inventory. Mr. Duncan said consensus was frequently difficult to reach in Eugene about such issues, and suggested a third-party approach would be useful. He submitted the State's proposed methodology for such studies for the council's background and suggested it be employed locally. Michelle Howard, 25371 Perkins Road, spoke in support of the establishment of a local enterprise zone. She shared the results of a study done by students in the Economics Department at the University of Oregon, which indicated such zones helped small companies to grow faster. She said the study was available online. Steve Dignam, 250 West Broadway, Suite 234, a member of the Lane County Planning Commission, shared information from a recent City staff presentation to the commission, at which City staff indicated it could not say if adoption of the Natural Resources Study would have an impact on the supply of commercial and industrial lands because it lacked factual data regarding that impact. He recommended that an inventory of those lands be done to assist in better land use planning. Milton Ohler, 111 7th Avenue, a commercial real estate broker, said he worked with companies that had trouble finding commercial and industrial sites, which suggested to him there was a lack of such sites. He suggested that some people were afraid of the results of such a study. He also advocated for a study of the community's industrial and commercial lands. Pat Hocken, President of the Lane Transit District (LTD) Board of Directors, expressed the board's support for the recommendations of the Mayor's Committee on Economic Development. She spoke of the benefits of transit to the local business community, noting that local payroll taxes supported the majority of district operations. In addition, self-employed businesses owners contributed to the tax. Ms. Hocken said the creation and relocation of businesses to the Eugene-Springfield area would increase district revenues, MINUTES--Eugene City Council August 9, 2004 Page 2 Regular Session which could be used to expand services and leverage federal matching funds for various capital construction projects. LTD worked cooperatively with local transportation agencies to maintain the road infrastructure, which was also critical to the business community. Ms. Hocken suggested that targeted transit investments can assist in economic redevelopment, as demon- strated by Portland's light rail project. LTD investments could also serve as a catalyst for investment. She expressed appreciation to local businesses for their support through the payroll tax. She urged adoption of the committee's recommendations. Scott Purcell, 3425 Strathmore Place, commended the Mayor's committee for its work and its recommenda- tions. As a business owner and a father, he supported adoption of the recommendations. He wanted to see those in the community now lacking opportunity to have the ability to secure a job. He advocated funding for the commercial/industrial lands survey. He called for an accurate inventory of those lands. Mr. Purcell said a strong economy was good for the people, and he trusted the council to be balanced in its approach. Corey Neu, 2344 L Street, vice president of the Eugene Association of Realtors, expressed the association's support for the recommendations of the Mayor's Committee on Economic Development. He specifically supported the recommendation for a commercial/industrial lands survey. He said such an analysis was critical. He said the committee's overall recommendations would improve the business climate. All the recommendations represented common ground and a high degree of committee consensus. He called for funding for such a commercial/industrial lands study, saying it would demonstrate the council's commitment to a strong economy and community quality of life. Jim Portland, 3311 Lakeside Drive, asked the council to support the recommendations of the Mayor's Committee on Economic Development. He thanked the council for recognizing the community needed economic development. He thought the committee's recommendations were essential and represented what the community wanted as expressed through the City's annual survey. He cited some of those results, and asked the council to keep them in mind. He supported funding the proposed inventory of commercial and industrial lands. Amy Dufour, 746 East 19th Avenue, expressed her continued support for housing standards for rental housing as she believed the current system was inadequate and too costly and time-consuming for renters. She shared a memorandum from housing advocate John Van Landingham, one of those involved in creating the current system, identifying problems with that system. Virginia Starling, 3302 Storey Boulevard, questioned the signage throughout her neighborhood regarding the upcoming community meeting about the collector street proposal for the Crest Drive neighborhood, and asked why the meeting was open to the general public. She suggested that the Planning Division had hired a public relations firm to spread ;;propaganda" about the project. James Reed, 990 Crest Drive, questioned the hiring and cost of a public relations firm to facilitate the upcoming meeting between City staff and neighborhood residents regarding the Crest Drive neighborhood collector street proposal. Residents had not been consulted about the agenda for the meeting. Given the timing of the meeting, which he believed was to be held after the council went on break, he questioned whether any councilors would be in attendance. He asked that the streets in question be designated as local streets rather than collector streets. MINUTES--Eugene City Council August 9, 2004 Page 3 Regular Session Cheryl Hunter, 5320 Hunter Way, discussed the recent sale of a parcel in the south hills that was acquired by a private developer after the City failed to acquire it for open space. She supported the City's acquisition of the property and said she had collected signatures in support of that effort. Ms. Hunter submitted copies of the signatures she had gathered. She urged the council's support of the acquisition, which was significant to the City's parks system was already used by area residents. It was also important for flood management and prevention purposes and contained valuable wildlife habitat. She said she would continue to meet with affected neighborhood associations to discuss how they could support the City's acquisition efforts. Paul Thompson, 2970 Charnelton Street, Chair of the Crest Drive Citizens Association, also noted the proposal to designate several streets in the Crest Drive neighborhood as collectors. He said the association recently discussed the topic again, and he conveyed the results of the vote taken at that time, which was to oppose the classification of any neighborhood street as a neighborhood collector. Zachary Vishanoff, Patterson Street, suggested a community forum be held to discuss street crossing issues on Franklin Boulevard he believed would result when Bus Rapid Transit was implemented. Mr. Vishanoff reiterated past concerns about the principles underlying the concept of %mart growth," which he dubbed social engineering. He said that the State planned to spend $50 million over the next 20 years to build %mart roads," which would include cameras and would supposedly be more efficient and safe. He did not accept that. He called Portland a poor model for growth, and suggested the council consult the web site ~Take Back Wisconsin" for further information. He said that communities all across the country were repealing smart growth laws because of their concern that decisions were being made before issues got to hearings, which were ~window dressing" while the United Nations made zoning decisions. Mr. Vishanoff noted former Councilor Pat Farr's concern that the costs of smart growth could drive low-income residents to other nearby communities, adding to traffic congestion and the particulate loads in those communities. Mr. Vishanoff also expressed concern about nanotechnology, indicating he had prepared information for the council to review. Kevin Matthews, 120 West Broadway, representing the Friends of Eugene, said he was previously opposed to the proposed commercial and industrial lands study, believing there was more need for the Natural Resources Study to be completed. However, as a result of participating in the ~roundtable" process involving 16 community members representing disparate interests, he had changed his mind and now supported conducting the study. Mr. Matthews said the council was responsible for ensuring the study was done in an open and transparent way, with adequate public input and clear criteria that will allow the results to have community credibility. It was easy to have a study with credibility for the community it most benefited, but the community needed real data that could be used broadly and was not controversial. Mr. Matthews thought it possible to achieve that but he was unsure the council was ready to proceed at this time. Mr. Matthews said it was unnecessary or important to proceed with the remainder of the recommendations of the Mayor's Committee on Economic Development at this time, particularly those in regard to the Land Use Code, as it was his belief they were not ~full and ripe" yet. Lauri Segal, 120 West Broadway, representing 1,000 Friends of Oregon, said she was not opposed to the commercial/industrial lands study going forward, but suggested that it was somewhat ~manipulative" that the roundtable support of the inventory came forward in conjunction with the recommendations of the Mayor's Committee on Economic Development. She pointed out the roundtable also talked about taking a MINUTES--Eugene City Council August 9, 2004 Page 4 Regular Session more broad view toward the community's natural resources than had been taken to date, but that was not included in the staff materials related to the commercial/industrial lands study. Ms. Segal said the council was also lacking information on the scope of work reviewed by the Lane Board of County Commissioners. She questioned why neither the Springfield or Eugene councils had requested a greater level of detail on the topic. Ms. Segal said the commissioners had not been informed about potential mechanisms to address any shortage in the land supply, as was mentioned in the council packet materials. Ms. Segal maintained that the Metro Partnership had informed the Board of County Commissioners that it would take the lead on the study, and she did not know what that meant. She thought all the information available on the topic should have been in the council's packet. Mayor Torrey closed the Public Forum and called for council comments. Councilor Bettman thanked those in attendance and hoped that staff had answers to the questions posed by the Crest Drive neighbors by the time of the community meeting. Regarding the proposed commercial/industrial lands study, Councilor Bettman suggested one justification used by proponents for conducting such a study was the study previously done by the Eugene Area Chamber of Commerce, which she believed was biased in terms of its assumptions and based on a narrow definition of what was developable. That was a concern to her. She believed the ultimate goal of the study's proponents was expansion of the urban growth boundary (UGB). Councilor Bettman questioned whether the study would result in the goals cited by its proponents, such as job growth. She said no data had been presented to the council that linked the land inventory and the expansion of the UGB to better jobs, more jobs, addressing issues of poverty, or any of the social ills brought forward to justify the study. Councilor Taylor believed all residents wanted a healthy economy but differed about what that meant and about how to achieve it. Councilor Taylor noted that the Crest Drive meeting was not after the council's summer break and said she intended to attend it. She said she had asked why the facilitator was hired and had not yet received an answer. She questioned the purpose of the signage. Councilor Kelly asked staff to provide the council with the information provided by Ms. Dufour. 2. CONSENT CALENDAR A. Approval of City Council Minutes - June 28, 2004, City Council Meeting - July 12, 2004, City Council Meeting - July 14, 2004, City Council Work Session B. Approval of Tentative Working Agenda C. Approval of Findings and Recommendations from the Hearings Official and Adoption of Resolution 4806 Forming a Local Improvement District for Constructing Side- walks, Curbs, Gutters, Conduit, and Storm Water Drainage System on Santa Clara Avenue from River Road to Approximately 600 Feet West (Job #4108) Councilor Bettman, seconded by Councilor Poling, moved to approve the items on the Consent Calendar. MINUTES--Eugene City Council August 9, 2004 Page 5 Regular Session Councilors Bettman and Kelly noted that they had e-mailed proposed corrections to the minutes under consideration to the council via e-mail. Mayor Torrey deemed them accepted as submitted. Roll call vote; the motion passed unanimously, 7:0. 3. PUBLIC HEARING An Ordinance Adopting an Amended Urban Renewal Plan for the Central Eugene Project Planning and Development Department staff member Richie Weinman presented the staff report. He said the Eugene Redevelopment Advisory Committee (ERAC) reviewed the plans prior to forwarding the recommendations to the Planning Commission. The Planning Commission then recommended the plan the council. He reviewed the recommendations, which were to allow for the expenditure of district funds on projects other than the library and for the extension of the district's sunset date. Mayor Torrey opened the public hearing. Randy Stender, 2898 Powderhorn Street, expressed support for the urban renewal plan and for the designation of 8th Avenue as a "Great Street." He noted his involvement in the local arts scene and emphasized the community's long-time support of the arts, as demonstrated by the successful drive to construct the Hult Center. Mr. Stender believed arts were a community priority and would assist in the revitalization of downtown Eugene. He said Eugene had done a good job nurturing the arts in downtown through its public and private investments in things such as the library and The Shedd. He suggested the missing element in the plan was a visual arts center, which was a key recommendation in the 1994 citizen- produced Arts Plan. Mr. Stender asked that such a center be made a City priority. Carolyn Kranzler, 2660 Crest da Ruta, Downtown Initiative for the Visual Arts Steering Committee, expressed her support of the district and for the location of civic buildings such as new city hall on 8th Avenue. She said the community's cultural and historic centers were downtown and a civic center that reinforced that fact was needed. She supported the expanded area. She asked for the council's support, saying urban renewal revenues were an effective tool and should be used to support cultural development as well as government and other development. Ms. Kranzler advocated for a downtown visual arts center and the relocation of the Lane County Historic Museum to the butterfly parking lot, noting the proximity of that site to the Hult Center. She asked the council to consider redeveloping the site for that purpose as it would contribute to the feeling of the "Great Street." Kevin Matthews, 120 West Broadway, representing Friends of Eugene, said he believed the plan was "not bad," but it was insufficiently inspirational for the community. He said Eugene should attempt to reach for more than what he termed "very much safe, pretty much business as usual" approach. He recalled the presentation given by Bob Stacy to the Friends of Eugene, during which Mr. Stacy discussed downtown as "node one." Mr. Matthews said that nothing in the plan really supported that. He said there were more objectives than the resources available could address, and while that created greater implementation flexibility it did not provide the public with a clear idea of what would happen. Mr. Matthews said the MINUTES--Eugene City Council August 9, 2004 Page 6 Regular Session problem of apparently disinterested ownership of downtown properties was not addressed by the plan. However, he said ;;go ahead, move the plan forward," but he wanted the council to do more. Russ Brink, 214 East 30th Avenue, representing Downtown Eugene, Inc., noted his agency's submittal of written testimony on July 8. He said the board felt it was more important for the council to fulfill the objectives of the Downtown Plan than it was for it to approve the proposed amendments because the Urban Renewal Agency and the tools it had at its disposal were the most flexible and targeted funds the City had to support downtown redevelopment and densification of surface parking lots and public improvements in downtown, including public art. Mr. Brink asked the council to connect its vision for downtown to the agency's ability to achieve that vision. Zachary ¥ishanoff, Patterson Street, noted his long-time opposition to urban renewal, which he believed was synonymous with the destruction of ;;neat, old" buildings. He expressed concern about the potential of using district funds to underwrite the cost of security cameras in the district for security purposes. He advocated for plan specificity to avoid future surprises. He said that blanketing funding of security measures could create an Orwellian zone in downtown. Mr. Vishanoff suggested the City staff was not testing ideas for downtown with the community's residents but rather was looking to Portland for ideas. Mr. Vishanoff called for more City support for the Shelton McMurphey Johnson House and suggested the City take care of what it had downtown before attempting to create new urban settings from scratch. Mayor Torrey closed the public hearing and called for council questions. Councilor Bettman referred to Table 4 on page 14 of the Central Eugene Project (Downtown) Urban Renewal District Report and noted it did not differentiate between the fund sources. She said that much of the money was intended to fund transportation projects. She questioned whether the council would be able to fund other worthy projects such as arts center were it to ;;whittle away" at the funding by building transportation projects. She requested a breakdown of funds from all sources, including private sources. Referring to page 10 of the Urban Renewal Plan, Councilor Bettman requested information about the change in the value of the district's base. She asked how the value of the base could be eroded given the amount of improvement that occurred since 1968 and the fact the base was frozen. Sue Cutsogeorge of the Central Services Department said the original plan was written prior to the voters' passage of Ballot Measure 50 tax changes, which changed the assessments to less-than-real market value. The information before the council translated the frozen base from the pre-Measure 50 assessment method to the post-Measure 50 assessment method. The entire value of the district was converted, both the increment and the base. Councilor Bettman pointed out the assessed value had increased and did not appear to be subject to the same modifier. Ms. Cutsogeorge explained that the assessed value in the district had gone up as a result of growth over time since the plan was first written. The frozen base was static. Councilor Kelly thanked staff for the responses to earlier questions and the history of the district, which illustrated the successes of the district as well as its failures. Councilor Kelly found the establishment of a visual arts center and the potential of the relocation of the Historic Museum exciting concepts, and asked staff to reassure the council before adoption that the plan allowed for such projects to be funded. He also questioned how the council could ;;kick-start" a drive for a visual arts center in downtown, and asked staff to provide some information on that topic. MINUTES--Eugene City Council August 9, 2004 Page 7 Regular Session Councilor Kelly noted the City's contributions to the renovations being done to the Shelton-McMurphey- Johnson House, which were being completed incrementally over a period of years. Councilor Kelly noted his previously expressed concerns about the proposed district expiration date and said nothing had been presented in testimony to change his mind. He preferred a 20-year, rather than a 25-year expiration date. Mayor Torrey called for a second round of council questions. Responding to a question from Councilor Bettman regarding the notice required for Type II plan amend- ments, Mr. Weinman said that notice was provided to all property owners and affected taxing jurisdictions. He said that changing the district's indebtedness required both a public process and council action to approve the change. Councilor Bettman asked if the maximum-allowed $500,000 expenditure was an annual or one-time expenditure. Mr. Weinman indicated he would follow up. Councilor Bettman requested that staff prepare text that reduced that amount to $250,000 and indicate clearly it was per-annum Mr. Weinman believed the text in question was taken from State law and indicated he would check with the City Attorney. Councilor Bettman shared Councilor Kelly's concerns about the expiration date for the district. She asked what justification existed if the district never sunsetted, given it had started in 1968 and was proposed to be extended for another 25 years. She requested an answer in writing. Councilor Kelly asked Ms. Cutsogeorge to discuss the downtown urban renewal line item that appeared on residents' property tax bills. Ms. Cutsogeorge clarified that the reference in the staff response to questions (Attachment F) to "the division of tax" referred to the incremental value times the overlapping tax rate for the all the jurisdictions. There was also a line item for the downtown special levy. Councilor Kelly asked how the downtown district could receive $1.9 million from the division of tax and, from information shown on page 3 of Attachment F, forgo only $830,000. Ms. Cutsogeorge explained that division of tax took into account all overlapping jurisdictions and bonded debt, and applied those tax rates, so the $1.9 million was the total for all taxing districts, not just Eugene's. 4. ACTION Applications for Two Low-Income Housing Tax Exemptions Resolution 4803 Approving a Low-Income Rental Housing Property Tax Exemption for Prop- erty Located at 2640-2694 Edgewood Drive, Eugene, Oregon (Tax Lot 17-04-12-33-0600). (Metropolitan Affordable Housing Corporation--Apple Orchard Development); and Resolution 4804 Approving a Low-Income Rental Housing Property Tax Exemption for a Por- tion of the Property Located at 150 Santa Clara Avenue (Tax Lot 17-04-11-43-00800). (St. Vincent de Paul Society of Lane County) Mr. Weinman noted that a third application submitted by Public Private Partnerships, Inc., had been withdrawn earlier that day by the applicant. MINUTES--Eugene City Council August 9, 2004 Page 8 Regular Session Councilor Bettman, seconded by Councilor Poling, moved to approve Resolution 4803 approving a low-income rental housing property tax exemption for property located at 2640-2694 Edgewood Drive, Eugene, Oregon (Tax Lot 17-04-12-33- 0600). (Metropolitan Affordable Housing Corporation--Apple Orchard Develop- ment) Councilor Bettman asked if the units envisioned to be built would always be low-income units. Mr. Weinman responded that in these cases, they would be low-income for at least 40 years, twice the time of the tax exemption because of the fact they were partially federally funded. If they ceased to be low-income, they would lose the exemption. Referring to the City's Housing Dispersal Policy, Councilor Bettman asked if staff considered each development or the entire area in question before it reached a determination of the percentage of low-income housing in an area. Mr. Weinman clarified that the policy was related to each development being consid- ered. It regarded only the number of units in the specific development. Councilor Bettman asked if the Housing Policy Board (HPB) had considered revising the policy to take into account the fact that certain neighborhoods had more low-income housing than other neighborhoods. Mr. Weinman said the policy had been amended several times, and the HPB planned to review it again this fall. The policy took into consideration the number of low-income units in the census tract. Councilor Bettman suggested the HPB consider whether any particular area was underserved with such housing, given the need. Councilors Kelly and Poling determined from Mr. Weinman that the applicant representing Public Private Partnerships requested that the council not consider the application tonight because of his desire to revise the project and application and resubmit it to the HPB. Councilor Taylor asked what happened when residents ceased to be low-income; did they get to continue living in low-income housing? Mr. Weinman said in this case, yes. However, the vast majority of residents continue to be low-income. People tended to move once they could afford to, but were not kicked out immediately. Roll call vote; the motion passed unanimously, 7:0. Councilor Bettman, seconded by Councilor Poling, moved to approve Resolution 4804 ap- proving a low-income rental housing property tax exemption for a portion of the property located at 150 Santa Clara Avenue (Tax Lot 17-04-11-43-00800). (St. Vincent de Paul Society of Lane County). Roll call vote; the motion passed unanimously, 7:0. Mayor Torrey called for a five-minute break. 5. ACTION: Request for Funding for Commercial/Industrial Lands Study Councilor Bettman, seconded by Councilor Poling, moved to direct the City Manager to provide $15,000 in contingency funds for the commercial/industrial lands study as recom- mended on page 8 of the report of the Mayor's Committee on Economic Development. MINUTES--Eugene City Council August 9, 2004 Page 9 Regular Session Mayor Torrey called for council comments and questions. Councilor Bettman indicated her likely intent to move to table the motion to a time certain to allow for more council discussion about the scope of work and for the inclusion of the roundtable's recommendations. She had concerns about the scope of work being proposed by Lane Metro Partnership Director Jack Roberts, such as his recommendation that the firm EcoNorthwest perform the study and that a technical advisory committee made up of public and private entities be formed to oversee the study. She noted that Mr. Roberts had suggested, in response to a question from Commissioner Bill Dwyer, that public funding was needed to ensure the study was not biased. Councilor Bettman opposed the participation of people representing private industry on the technical committee as she believed their presence would bias the study. Since all agreed on the need for the study to be credible, she thought the council should consider the scope of work to ensure that the study had not only the appearance but the substance of being factually unbiased. Responding to a question from Councilor Pap6, City Manager Taylor said the study was estimated to cost a total of $50,000 to $60,000. Councilor Pap6 expressed appreciation for the recommendations of Mr. Roberts but shared Councilor Bettman's concerns the study did not appear to be biased. He advocated for the issuance of a Request for Proposals (RFP) to ensure the individual conducting the study was not biased. Planning and Development Department Director Tom Coyle clarified that Eugene would not be responsible for the ultimate consultant contract, which was a multi-jurisdictional contract. Councilor Pap6 suggested the council could condition the City's participation in the study on an RFP. Mr. Coyle concurred. He said on occasion there was cause for a sole-source contract. He said the contract was relatively small, and to conduct a full bidding process for such a contract had its advantages and disadvantages. He had not analyzed that approach. Councilor Pap6 asked if staff had considered whether the study would be more acceptable to the public if it was overseen by local government rather than the Metro Partnership. Mr. Coyle likened the contract to the one the City had with the cattery, through which it did not dictate operational issues, but suggested that was a policy decision for the council. Councilor Pap6 wanted an unbiased study that was information-based, and said the community must perceive that was the case. Mr. Coyle noted that the State had established standards through the Oregon Administrative Rules (OARs) for how such studies must be conducted. That fact was key to the Mayor's committee's recommendation regarding the issue. Responding to a question from Councilor Pap6, City Manager Taylor indicated the Land Conservation and Development Commission's guidelines regarding such studies, provided by Mr. Duncan, would be made available to the council. Councilor Pap6 shared Councilor Bettman's interest in a council review of the scope of work. Councilor Kelly indicated his tentative support for the concept of tabling the motion to a date certain, suggesting a date in September, soon after the recess. He believed the council needed to have an understand- ing of what the study would consider. He wanted to review the scope of work and the other materials the Board of County Commissioners had already reviewed, as well as the information provided by Mr. Duncan. He agreed credibility was a key to the success of the proposed study. He noted that the Mayor's committee had suggested that study examine both vacant and underutilized land; while he agreed that was critical, and MINUTES--Eugene City Council August 9, 2004 Page 10 Regular Session the Oregon Administrative Rules (OARs) called for communities to inventory substantially under-utilized land, that term was not defined in the OARs. He believed that Mr. Duncan, the author of the Eugene Area Chamber of Commerce's study, had implicitly defined %ubstantially underutilized" in a way that precluded the examination of much redevelopment potential. Councilor Kelly wanted a study that gave the council the facts about that issue. Councilor Kelly suggested that, as recommended by the mayor's committee, the study look at the potential of parcel assembly. Mayor Torrey said he hoped the motion was not tabled, and suggested alternatively it be amended to call for the establishment of an RFP to be reviewed by the Metro Partnership's Board of Directors. He noted that all jurisdictions were represented on the board and that Councilor Kelly was his alternate on the board and would ensure a thorough evaluation of the RFP. He asked the council to avoid micromanaging the study. He believed the community knew how such a study could be done. Councilor Taylor favored tabling the motion to give the council the opportunity to develop criteria to guide the consultant. Councilor Poling pointed out that Eugene was only one of three jurisdictions participating in the study, and suggested that the council's motion regarding the issue be simple. He did not want to overcomplicate the issue and suggested the scope of the study be left to the Metro Partnership and the consultant ultimately hired. He wanted to proceed with the study following the State guidelines that govern the issue. Councilor Poling said Eugene's funding was crucial to completing the study. He believed the study was one small step to the road to the community's economic recovery; while no one thing would accomplish that alone. In addition, the study would assist the City in planning for the future for all land types. Councilor Poling, seconded by Councilor Pap~, moved to amend the motion as follows: ~To provide $15,000 in contingency funds for the commercial/industrial lands study pend- ing an RPF approval by the Lane Metro Partnership Board." Mayor Torrey called for comments on the amendment. Councilor Kelly did not support the amendment. He said the dynamics of the board meetings he had attended did not lend themselves to the appropriate review of such a document. While he did not think the council should review the RFP, he did want to review the proposed scope of work in September. Councilor Bettman also opposed the amendment. She agreed with Councilor Kelly that it would be micromanaging to review an RFP, she believed the council could establish some guiding principles for the components of the study. Councilor Bettman was concerned about the fact a contractor had already been named as well as the expedited six-month process called for in the scope of work. She feared an expedited process would lead to an inadequate study. Councilor Bettman said there was no emergency or need for an expedited timeline, and there was time to inculcate the City's needs and requirements into the process. Councilor Bettman expressed hope the amendment was voted down and a work session held to review the scope of work that allowed the council to provide criteria to guide the study process. Councilor Solomon indicated support for the motion and thanked the mayor for his suggestion. She was concerned about attempts to discredit the Metro Partnership's Board of Directors or Mr. Roberts. She MINUTES--Eugene City Council August 9, 2004 Page 11 Regular Session believed those individuals were working in the best interest of the whole county. Councilor Solomon said Springfield and Eugene had the same need to identify the amount of available land. She said Eugene was one member of a partnership. She believed the study represented the way local government should work together. Councilor Nathanson said she tended not to support the amendment because she thought it very important the study have public respect and confidence. The lack of confidence expressed by councilors suggested to her the process was starting out wrong; that attitude would call into question all the conversations about the study's results. However, she was concerned that postponing action would lead to the council attempted to micromanage the study. She said that the Eugene council would be substituting its judgment for that of the professional managers and writing into the document the council's own needs and not considering the needs of its partner jurisdictions. Councilor Nathanson asked City Manager Taylor for input, and how the process could move forward if the council insisted on developing the study's criteria. City Manager Taylor said the council could postpone its decision and reschedule it for September. The council could review the relevant materials via e-mail before that time and take action, avoiding the need for a work session. If the council wanted to schedule a work session, it had time available on several dates. City Manager Taylor advised the council to pass the motion and work with the partnership on the details, or schedule the item for final action on September 13. Councilor Nathanson indicated she did not want a council work session and as she wished to avoid getting ~deeper in the swamp" about the study scope, criteria, methodology, objectives, and desired outcomes, particularly in the absence of partner input. However, she wanted to find a solution that satisfied all the concerns expressed by councilors Bettman, Pap~, and Kelly. Councilor Taylor indicated her opposition to the motion. She agreed with Councilor Bettman that there was no emergency, and wanted the study to be done right. Councilor Bettman suggested a work session would address the last question asked by Councilor Nathanson, that of how to address the concerns expressed by councilors. Councilor Pap~ said that, like Councilor Nathanson, he did not want to micromanage the study. He asked Mr. Roberts about the role of EcoNorthwest and why the firm was not mentioned in the materials before the council. Mr. Coyle indicated the firm was a noted one that did such work, but the firm had not been granted the contract. Mr. Pap~ thought the stipulation in the amendment for an RFP and board review satisfied the concerns expressed by councilors and would also serve to keep the issue in the public eye. Councilor Bettman clarified that the information regarding EcoNorthwest was provided by Mr. Roberts to the Board of County Commissioners. Mr. Roberts had recommended to the board that the firm be hired. At the suggestion of Councilor Kelly, Mr. Coyle invited Mr. Roberts to address the council regarding the topic. Mr. Roberts indicated the rationale for his recommendation that EcoNorthwest be hired was to ensure there was no community perception that the partnership had conducted the study. He thought the study produced by Mr. Duncan was perceived as biased by some because of the chamber's sponsorship. He did MINUTES--Eugene City Council August 9, 2004 Page 12 Regular Session not recommend that the council ask the partnership board to review the RFP as he did not think it appropri- ate role for the board. Mr. Roberts said his support for hiring EcoNorthwest was based on the wide experience of the firm's principle, Terry Moore, in conducting such studies. He said the partnership would not pick the contractor, as that was the role of the three jurisdictions. Mr. Roberts suggested the council approve the funding for the study and allow the staffs of the three jurisdictions to work out the details. Mr. Roberts corrected remarks previously offered by Lauri Segal of 1,000 Friends of Oregon that Lane County was asked by the partnership to be the lead agency on the study; rather, the partnership asked the County to take the lead from an administrative standpoint. Councilor Bettman suggested that for the sake of equity, Ms. Segal be invited to speak. She perceived the Mayor's acceptance of Mr. Roberts' remarks as ;;unprecedented," and said if such an ;;unprecedented departure from protocol" was to be made, it be balanced. Responding to a question from Councilor Nathanson, City Manager Taylor indicated his belief staff could develop an administrative process regarding an RFP with the staff of the other jurisdictions party to the final contract. Speaking to Councilor Bettman's objection, Councilor Kelly recalled that the council's ground rules allowed a councilor to request that the chair allow a member of the audience to speak. He agreed it was appropriate to ask Ms. Segal to speak. Mr. Coyle invited Ms. Segal to address the council. Ms. Segal had no suggestions to offer on how the council could move forward. She noted the Springfield council had not yet addressed the issue. Ms. Segal believed the council needed to have the same information the County commissioners reviewed before acting. Without objection, Councilor Poling withdrew his amendment and Councilor Pap6 withdrew his second. Councilor Poling, seconded by Councilor Solomon, moved to amend the motion by adding the following text to the motion following the phrase %ommercial and industrial lands study: ~...and to direct the City Manager to work with the Lane County Administrator and the Springfield City Manager to determine the appropriate independent third-party who will conduct the survey." Mayor Torrey called for discussion on the amendment to the motion. Councilor Bettman continued to support a council work session on the study's scope of work. Speaking to the remarks of Mr. Roberts, she said she believed Mr. Duncan's study was biased not because of its sponsorship but because of its assumptions regarding the definitions of constrained land, shovel-ready land, and what costs were considered, for example. She said that unless the study considered all opportunities, its results would lack credibility. Councilor Kelly indicated support for the amendment. He endorsed the manager's proposal that the staff handle the issue administratively, and suggested the council could take final action on September 13. Roll call vote; the amendment to the motion passed, 5:2, councilors Taylor and Bettman voting no. MINUTES--Eugene City Council August 9, 2004 Page 13 Regular Session Councilor Bettman, seconded by Councilor Taylor, moved to table the amended motion to September 29, 2004. Mayor Torrey called for discussion on the amendment. Councilor Kelly, seconded by Councilor Nathanson, moved to amend the motion by chang- ing the date to September 13, 2004. Councilor Kelly believed there was adequate time on September 13 to discuss the issue. Councilor Nathanson supported tabling the amended motion because she believed it demonstrated the councilors were negotiating in good faith, and because Springfield had yet to take action on the issue. She hoped the council had sufficient information and some options to consider when the September 13 discussion occurred. She reiterated her interest in a solution that was acceptable to all the parties involved, and one that gave the community the ability to start the study on the right foot. Councilor Pap6 did not like the delay being proposed but indicated he would support the motion for the reasons stated by Councilor Nathanson. With the reassurance that the council would have a full discussion and the ability to entertain amendments to the main motion on September 13, councilors Bettman and Taylor indicated acceptance of Councilor Kelly's amendment regarding the date as a friendly amendment to the motion to table. Councilor Poling said he would support the motion to table solely for the purpose of being able to offer a motion for reconsideration at the next meeting on August 11, 2004. Mayor Torrey expressed disappointment at the delay being proposed but acknowledged the concerns expressed by Councilor Nathanson. He agreed it would be better if the full council embraced the study and was able to move forward with enthusiasm. However, he was concerned that there was an attempt being made to ~kill" the study. He hoped his concern was misplaced. Mayor Torrey noted that absent Councilor Scott Meisner indicated his support for approving the funding for the study, leading to the potential the motion could be reconsidered on August 11. He did not understand what was so complicated about the issue. Councilor Kelly noted his earlier submission of an alternative motion to the staff-suggested motion, and would have voted to move forward had that language been found acceptable. Speaking to the Mayor's earlier remarks that the community knew how to conduct such a study, Councilor Kelly said if the community knew how to do such a study, the chamber's study would have not %at on a shelf." The base methodology of the study did not provide what many considered to be good data. Councilor Kelly noted the roundtable's support for the study as well as for the completion of the Natural Resources Study and upland wildlife habitat land study. He said that for some members of the roundtable, their support for the commercial/industrial lands support was contingent upon completion of the Natural Resources Study. He asked staff to return to the council on September 13 with a proposal regarding how MINUTES--Eugene City Council August 9, 2004 Page 14 Regular Session the council could move forward with both the study and Natural Resources Study, including budget numbers. Councilor Taylor wanted the council to be better informed about the parameters of the study. She indicated support for the motion to table. Councilor Bettman asked what would happen if Springfield decided not to support funding for the study. Roll call vote; the amendment to table passed, 6:1; Councilor Solomon voting no. The meeting adjourned at 9:49 p.m. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Kimberly Young) MINUTES--Eugene City Council August 9, 2004 Page 15 Regular Session