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HomeMy WebLinkAboutCC Minutes - 02/13/06 Meeting M I N U T E S Eugene City Council Regular Meeting Council Chamber—Eugene City Hall February 13, 2006 7:30 p.m. COUNCILORS PRESENT: Jennifer Solomon, Andrea Ortiz, David Kelly, Betty Taylor, Gary Papé, Bonny Bettman, George Poling, Chris Pyror. Her Honor Mayor Kitty Piercy called the regular meeting of the Eugene City Council to order. 1. CEREMONIAL MATTERS On behalf of the Eugene Water & Electric Board (EWEB) Commissioners, Commission President Sandra Bishop presented several plastic water pitchers to the council. She was pleased that the council had chosen to use EWEB water rather than bottled water, and said that EWEB was offering the pitchers to other public bodies for use during meetings. Ms. Bishop said the council would be drinking the best water in the world. Organic Style magazine deemed Eugene’s water the best in the United States. She noted that EWEB was working closely with Mayor Piercy on her Sustainable Business Initiative and that use of the water pitchers was one small step toward a more sustainable community; it would take many such small steps for all to move to sustainability. Mayor Piercy expressed appreciation to EWEB for the pitchers. 2. PUBLIC FORUM Mayor Piercy reviewed the rules of the Public Forum. She noted that 30 people signed up for the public forum, and called for a motion from the council regarding the allocation of time. Councilor Kelly, seconded by Councilor Ortiz, moved to limit the public forum to 60 min- utes and encourage speakers to be as brief as possible. Roll call vote; the motion passed, 6;2; Councilor Solomon and Councilor Ortiz voting no. rd Steve Barnes , 491 East 53 Avenue, presented the council with a letter with 1,000 signatures opposing the Oregon School Activities Association (OSAA) plan to require Sheldon and South Eugene high school students to travel to Medford, Grants Pass, and Roseburg, to participate in games. For reasons of safety, academics, and fiscal accountability, he believed the proposal made no sense. He noted that school buses had no seat belts. Students would be pulled out of school for unnecessary, day-long road trips. With regard to fiscal accountability, he said the cost for busing South Eugene students would be $30,000. Mr. Barnes asked the council to make a statement in opposition to the OSAA proposal. MINUTES—Eugene City Council February 13, 2006 Page 1 Regular Meeting th Megan Mosely , 313 East 8 Avenue, a downtown business owner, commended the council on its approval of the East Broadway Development Project and concurred with statements made by supportive councilors that the development was a partnership and not a City subsidy. Ms. Mosley said that Whole Foods was a good employer with a record of positive community partnership. She said there was a need for parking and she thought the courthouse developments would increase that need. Speaking to the West Broadway project, she thought it another opportunity to reinvest in the community and revitalize downtown. She agreed more information was needed but suggested the project be viewed in a positive light until there was a need to do otherwise. Mary Hoover , 3355 Delta Highway, opposed the hospital development being proposed by the McKenzie- Willamette Medical Clinic on a portion of the River Ridge golf course. Ms. Hoover said if the clinic’s plans went forward, the result would be two hospitals in proximity on one side of the Willamette River, and a terrorist attack or natural disaster would mean those in the southwest and west did not have access to the hospitals. She asserted that the City had sufficient land in the Riverfront Research District to offer the hospital. Ms. Hoover noted current traffic conditions in the area and thought that proposed road improve- ments to facilitate the hospital were in the distant future. She suggested the council either vote no on the proposal or refer the decision to the voters of Eugene. She acknowledged that tax revenues would be lost if the hospital did not locate somewhere in Eugene, but she just did not think it was a good plan. She did not think that PeaceHealth’s current proposal for emergency services at its Hilyard campus would be adequate for southwest area residents. Orval Etter , 3080 Potter Street, referred to a statement he previously submitted regarding a 40-year partnership between the City and the Amateur Music Makers. He expressed hope that the Atrium Building would be available in the future for amateur music making. He noted Eugene’s recently adopted motto of World’s Greatest City for the Arts and Outdoors and suggested it “covered a lot of ground.” If the council believed in truth in advertising, he suggested what was stated on the Web page meant that the community should be vigilant in preserving its cultural and recreational resources. Carolyn Burckelheider , 2017 Elk Drive, noted the location of the Atrium and the many open spaces on the ground floor where Mr. Etter gathered his amateur musicians for concerts. She praised Mr. Etter and noted his many community contributions. She asked that Mr. Etter be given a place to play in the Atrium. Bill Northrup , 939 Laurelhurst Drive, said that the work of the Gender Identity Work Group had “gone underground” and people were being shut out of the process. He referred to the Human Rights Commission discussions about private meetings between individuals and said he had been told he could not participate as the meetings were private and nothing was being decided. Since code language revisions were being discussed with City Attorney Glenn Klein’s oversight, he questioned whether staff could truthfully state that Oregon’s Public Open Meetings law was being followed. Mr. Northrup feared that the process would go so quickly that the public would have no time to respond. He said that the commission had already decided it did not need to hold another public forum on special revisions and may hold a special meeting to get its recommendations to the council more quickly. He did not know what the amended proposal would be and thus could not respond. Mr. Northrup asked the council to direct the Human Rights Commission to hold public discussions and to direct staff to ensure that any questions directed to the attorney are answered in public. He suggested that open deliberations would lead to greater mutual understanding. Celeste Ulrich , 3355 North Delta Highway, urged the council to take its time with regard to the new location of the McKenzie-Willamette Medical Clinic, which she considered critical. She expressed MINUTES—Eugene City Council February 13, 2006 Page 2 Regular Meeting disappointment in what she considered an endorsement of the site by the City Manager and Mayor Piercy. She supported the remarks of Ms. Hoover. Rich Hazel , 2603 Moon Mountain Drive, referred to proposals to add ramps to I-5 at Franklin Boulevard. He said that it appeared there was no opportunity to add the ramps because the bridge was a discrete project and would be constructed before a new interchange could be done. Mr. Hazel maintained there were “engineering constraints, social issues, and natural area points” that were barriers to the construction of ramps. He said the Oregon Department of Transportation (ODOT) indicated there was no State transporta- tion system problem the interchange would solve. He noted that a council work session on the project and partnering with ODOT was scheduled. He said that if a Glenwood interchange project was wanted, that should be clearly stated. He asked the council to keep in mind the original objective of the proposed ramps, and to preserve tax dollars for those projects that needed to be completed. Carlos Barrera , 2470 Olive Street, asked the council to fully fund the proposed Parks, Recreation, and Open Space Comprehensive Plan. He spoke to the value of parks and open space as an important resource for Eugene residents and said if the council did not supply, them no one would. As co-chair of the Friendly Area Neighborhood, Mr. Barrera asked the council to maintain the College Hill Reservoir as an open space. He said that EWEB, which owned the site, was considering fencing off the reservoir, which he asserted was one of the few “all weather playgrounds” in the city and a valuable resource for all residents of Eugene. He invited the council to look into the situation and attempt to influence EWEB to work with the residents to keep the reservoir open. Mark Rabinowitz , PO Box 51222, Eugene, shared recently garnered information about peak oil and the status of world oil supplies. He suggested that the City discuss what it could do in regard to climate change. He did not think the City’s rhetoric was matched by its actions, as evidenced by Lane Transit District’s plans to build a Bus Rapid Transit route next to new City-owned parking garages. He maintained that Whole Foods had “driven under” three natural food businesses in three states with predatory business practices. He said that Whole Foods was not supportive of unions and work place democracy and it was not sustainable to bring foods from other countries to Eugene. Mr. Rabinowitz suggested the land planned for Whole Foods and garages be used for urban agricultural given future oil shortages and the need for local food supplies. He did not think the East Broadway Development Project was a sustainable development either. Mr. Rabinowitz pointed out that the Oregon Supreme Court upheld restrictions on big box development and he believed any serious effort at sustainability would include such restrictions. Nancy Hansen , 4870 Hillside Drive, noted the gender identity work being done by the Human Rights Commission and asserted that the commission was shutting out the community from those discussions. Only a select few were participating in the meetings. She said the City Attorney's Office was sharing opinions with those participants but those opinions were not available to the public. She said that two commissioners had been meeting with a group of about six people over a period of months. Ms. Hansen acknowledged the probable legality of what was occurring but suggested it violated the spirit of the law. She asked the mayor how the process was collaborative, and asked that the council consider the thoughts of the public, who hoped it was open and collaborative. Virginia Pearson , 2765 Almaden Street, echoed the remarks of Mr. Northup and Ms. Hansen. She asked that the council look into how the commission was handling the gender identity proposal. She asserted that the Human Rights Commission was violating the public trust by allowing commissioners to meet with former members of the Gender Identity Work Group. People asked to be allowed to participate in meetings MINUTES—Eugene City Council February 13, 2006 Page 3 Regular Meeting that were held to discuss code amendments but were told the meetings were private. She agreed with Ms. Hansen that the meetings violated the spirit of the law. She quoted from the Oregon Public Meetings law, which cautioned against the use of committees to circumvent the letter of the law and a section about committing to the spirit of the law. Jessica Spaulding , 120 Aberdeen Street, discussed her participation in the LEAD (Leadership, Education, Adventure, Directions) Program, which served low-income teens aged 12-17 in Eugene and Springfield. She said the program provided teens with age-appropriate and safe, supervised activities, including outdoor adventure activities and community service. The program valued diversity and welcomed those of all abilities, races, and sexual orientation. Ms. Spaulding said that teens have few opportunities to build leadership skills and LEAD provided those opportunities. Becca Purkey , 28844 Meadowview Road, Junction City, also discussed the LEAD Program, and the changes that LEAD had made in her life. She shared that she used to get into fights on an almost daily basis at school and home and her mom was ready to throw her out of the house. She was smoking, drinking, and doing drugs, and she hated the person she had become. LEAD helped her change that. Ms. Purkey said LEAD kept her out of fights and people called her for advice. She and her mother had grown to be best friends. She no longer smoked, drank, or did drugs. She had not thought of suicide since she began to participate in LEAD, and she now loved herself. She was more outgoing and sensitive than most people she knew, and enjoyed being around people a lot more. Her father, who died four years ago, would be proud of the person she had become, and that alone was worth living for. Madge Rafferty , 532 Olive Street, founder and executive director of the LEAD Program, said that she and her colleagues were present to try to persuade the council to open a teen center, and would continue to attend council meetings to encourage the achievement of that goal and share updates on their work with the County on the subject. She said census numbers indicated that about ten percent of the population was teenagers. Eugene was listed as one of America’s most livable communities, but when the LEAD teens put out the idea of having such a center they were told it was impossible. She pointed out that communities much smaller than Eugene had such centers. She noted the teens’ advocacy at the recent Town Hall on the mayor’s Sustainable Business Initiative. She said that those without a voice in government who often paid taxes were a part of the equation of sustainability. Teens were referred to as the problem downtown; she thought the problem was the lack of activities for teens. Maya Rios , 882 Almaden Street, a Churchill student, spoke on behalf of a project to create a teen center for at-risk kids in downtown Eugene. She said prevention was always more cost-effective than intervention. She said the Downtown Safety Council recently heard complaints about teen behavior in downtown and the center would give kids somewhere to go. She thought the proposed redevelopment plans for downtown made the time right for a teen center downtown. th Mary Ellen Locke , 1130 West 25 Avenue, an active member of the Friendly Area Neighbors (FAN), said FAN wanted to work with the City and EWEB to maintain access to College Hill Reservoir. She said that there were many talented people wishing to volunteer to address the historic preservation possibilities of the College Hill Reservoir system. She suggested that the City work with EWEB to create an open space agreement for the College Hill Reservoir. She requested the City’s assistance in the matter. Rick Grosscup , 2540 Lincoln Street, a member of the executive committee of FAN and co-chair of FAN’s “College Hill Reservoir Safety Advisory Task Force,” said that EWEB staff asserted there was a security issue with all its reservoirs and cited an Oregon Revised Statute in support of a proposal to fence the MINUTES—Eugene City Council February 13, 2006 Page 4 Regular Meeting College Hill Reservoir. He maintained that EWEB staff was wrong and the reservoir did not need to be fenced because of an exception included in 1990 legislation. He maintained that fences were irrelevant to the security issues. He met with EWEB several times to provide feedback, and the commissioners had invited solutions from the neighbors. Mr. Grosscup said that staff was less receptive to the neighborhood’s proposals. He believed that closing the reservoir would have a profound impact on the community. Mr. Grosscup asserted that issues that affected neighborhood, such as open space and the unique historic character of the site, mandated City involvement in the issue. He noted that EWEB commissioners would hear a proposal from EWEB staff in April, so time was of the essence. Mr. Grosscup acknowledged that it would be helpful if he understood the relationship between EWEB and the City with regard to the ownership and management of the property in question. David Sonnichsen , 2435 Skyline Boulevard, noted that Oregon Transportation Commission member Randy Papé stated at the February 2006 Metropolitan Policy Committee (MPC) meeting that public opposition to ramps at I-5 influenced ODOT against the idea. More would be known after the council discussion. He said the Walnut Station Study referred to Franklin Boulevard as a gateway to the City. However, he believed the University of Oregon’s plans for its property on Franklin Boulevard did not create a gateway but rather another downtown “all to itself.” He noted the recent staff presentation regarding the Whole Foods development, during which staff referred to that as a gateway. He suggested the result would be that Franklin Boulevard was a “gateway to a gateway.” Mr. Sonnichsen suggested the new bridge at Franklin Boulevard without pillars in the river could be a beautiful new gateway between Eugene and Springfield but he did not think it could be beautiful if it had ramps attached to it. He noted the many people who would visit Eugene and use the Prefontaine Trail during the 2008 Olympic Trials and suggested a new bridge with ramps would sully that area, which he believed should be protected. nd Jana Jackson , 1012 East 22 Avenue, suggested that it would be useful if the City Council and mayor listened to the people of Eugene. She attended a recent workshop on violence and youth, and heard a suggestion that youth be listened to so they knew they were heard. Ms. Jackson suggested the council do the same. She said that the council should respect the will of the voters, and cited as a classic example of a lack of respect the council’s actions with regard to the West Eugene Parkway. She pointed out that residents voted for the parkway twice and against an expensive advisory study and the council acted in opposition to that. The result was that people did not feel heard and became frustrated. She asked why the community’s youth should follow the law, given that example. She cited the Santa Clara sewer assessment issue and City’s foreclosure on a home, which she found abusive and an example of why people questioned why they should follow the law if the City did not. Ms. Jackson referred to the City’s Land Use Code, which allowed passive “yeses” to prevail in the case of the South Eugene Historic District and rewarded people’s ignorance and passivity. The code did not reward those residents who fought hard to protect their investments in their homes. She said “no means no.” Molly Dobbs , 1125 Jackson Street, asserted that the parking structure being proposed for the Whole Foods development was “not in line with the vision of downtown.” She wanted the City to extend the Parks Blocks to create a connection to the river. She shared a proposal to create underground parking based on the Salem Civic Center. Ms. Dobbs asked the City to meet with the students and consider alternatives to the proposed garage. She believed the site of the proposed Whole Foods development was a perfect site to start the Parks Blocks extension and live up to the City’s logo regarding the arts and outdoors. MINUTES—Eugene City Council February 13, 2006 Page 5 Regular Meeting Mark Gillem , 1799 Fairmount Boulevard, Ms. Dobbs’ professor, advocated for the proposal put forth by Ms. Dobbs, which met many of the City’s goals for downtown, including the connection for the waterfront and an increase in downtown parks space. He said the proposed parking structure would “stand in the way” of connecting the Parks Blocks to the river. The students had put much thought into how parking could be accommodated. He offered suggestions for underground parking at a cost of about $27,000 per space. Approximately 100 to 250 spaces could be accommodated. Mr. Gilham said there was a real need for an integrated parks system, which he believed the connection would help to create. Amanda Pecretu, 1157 Monroe Street, Apartment B, expressed support for Ms. Dobbs’ proposal, saying that people found parks and open space valuable to Eugene’s quality of life. The Parks, Recreation, and Open Space Comprehensive Plan identified the area downtown as statistically underserved by parks and advocated for planning for park needs prior to need. The plan also emphasized the importance of neighbor- hood parks to mixed-use areas. Her design studio was willing to work with the City on design alternatives that accommodated Whole Foods and the public good. Jen Evans , 1591 High Street, #1, shared examples of the type of parking the students were advocating for and asked the City to work with the design studio. Mayor Piercy noted that time for the Public Forum had expired. Councilor Taylor, seconded by Councilor Bettman, moved to hear the remainder of those who signed up to speak in the Public Forum and to extend time for the meeting if necessary. Roll call vote; the vote on the motion was a 4:4 tie; Mr. Papé, Councilor Poling, Councilor Solomon, and Councilor Pryor voting no, and Councilor Taylor, Councilor Kelly, Councilor Bettman, and Councilor Ortiz voting yes. The mayor cast a vote in favor of the motion and it passed on a final vote of 5:4. Ken Avery , 2648 Harris Street, also a member of the design studio, emphasized that there were alternatives to the parking design put forth by Whole Foods that accomplished the same goals. He suggested a mixed- use development that included housing was one such approach and would result in a better gateway to downtown than a parking structure. He believed such an approach could increase land values. th Laurie Segal , 1210 East 29 Place, brought the recent annexation of the River Ridge property into the City of Eugene to the council’s attention. She said she attempted to follow the process, which she characterized as “relatively fast,” given the staff report was issued January 3, 2006, and the commission hearing occurred a month later on February 2, 2006. Ms. Segal had asked the Lane County Local Government Boundary Commission to extend the time for public comment so more information could be submitted in the record, but the boundary commission declined to do so and approved the annexation. Ms. Segal said her research brought several documents to light that raised interesting questions. She hoped the council could respond and there might be some discussion about the issue. One document was an irrevocable petition for public improvements filed in March 1988 that stated it accompanied the land and was effective for 20 years. A determination of the need to execute an annexation agreement was filed in May 1988; that was pursuant to a zone change ordinance adopted by the County that required, pursuant to the zone change approval, annexation. Ms. Segal said in May 1988, a conditional use permit was approved by the City of Eugene for the site. She did not understand why the City took that action if the property was outside the city limits. Following that, another conditional use permit for a golf course application was MINUTES—Eugene City Council February 13, 2006 Page 6 Regular Meeting approved in 1988. Later in 1988, a site review agreement was filed and approved. In November the same year, there was an expedited request for a community water system. The expectation was that services would be extended at the cost of the land owner. Ms. Segal believed the irrevocable petition was still valid and said she “hoped this could be addressed.” Zach Vishanoff , a resident of Patterson Street, suggested the President of the University of Oregon, as a member of the board of directors of Umqua Bank, serving with a member of the Guistina family, which proposed the Whole Foods development, would have more influence over the development than the council. He said the site in question already contained housing and a 24-hour business. There were people living and working in downtown, but they were not the type of people the City Council wanted downtown. He said that homeless people used the 24-hour restaurant at night because it was the only place that was open. He suggested that the mayor hold her monthly one-on-one at the restaurant. He asserted that the homeless who patronized the restaurant were out of work because of the no-bid contract for the garage. Mr. Vishanoff opposed a no-bid contract and wanted an open bid process. Ali Emami , 2321 Augusta Street, thanked the mayor, council, and staff for taking the time to work on the downtown development issue. He noted the location of his properties and said he had been doing business in downtown for the last 20 years. His businesses were vandalized daily. He believed the proposed East Broadway development was important to downtown and such an opportunity did not come around every day. He called the proposal a “ray of light” for Eugene downtown development. He thought it would be more constructive if Opus 5, the developers, and the City provided detailed information about the plan to the public and property owners to reveal the importance of the plan to Eugene and its residents. Charles Biggs , 540 Antelope Way, asked the City to extend the public comment time for the Walnut Station mixed-use development public forum and notify the public that comment was being requested. Mr. Biggs complained that the City repealed a plan that contained land use policies and substituted another plan with few or no policies, which took away the rights of citizens. Mr. Biggs then spoke to the issue of the River Ridge annexation. He said that he had done some research and discovered an annexation agreement between the City and the property owner (#AA 88-2). The agreement included a condition stating that if the property was rezoned for commercial or industrial uses, the property or area to be annexed must be contiguous to the central incorporated area of the city of Eugene at the time of the proposed annexation. He interpreted that as meaning that the area to be annexed could not merely be contiguous to the portion of the city surrounded by unincorporated territory. Kevin Matthews , PO Box 1588, Eugene, representing the Friends of Eugene, expressed appreciation for the council’s acquisition of a parks and open space bond measure on the November 2006 ballot. It gave citizens the opportunity to vote on whether it wished to make that commitment. He was grateful to have the chance to vote in favor of the measure. Mayor Piercy closed the Public Forum. She thanked the representatives of LEAD and the representatives of the University of Oregon design studio for their comments, suggesting that they were doing the kind of work the council desired from citizens. Councilor Kelly thanked those who spoke. He addressed the remarks of Mr. Etter regarding the Atrium’s closure to the amateur music groups. He said that information provided by staff indicated that it would cost too much money to open the building. He thought the music group represented a community asset and asked City Manager Dennis Taylor to prepare a memorandum with a proposal for how the building could be MINUTES—Eugene City Council February 13, 2006 Page 7 Regular Meeting reopened. City Manager Dennis Taylor determined that Councilor Kelly did not object to suggestions for other locations. Speaking to the comments of Mr. Northup and others who raised concerns about the gender identity issue, Councilor Kelly said the Human Rights Commission held no secret meetings. Each meeting had a published agenda, a minutes recorder, and an opportunity for public comment. There were two public forums on the topic at which dozens of comments were received. It was routine for the commissioners to meet with constituents regarding proposals of a variety of natures. However, no decisions were made at these meetings. Anything the commission did with regard to gender identity would be done in public and the matter would come to the council for public deliberation and action. Councilor Bettman suggested the information uncovered by Ms. Segal was relevant to the decision made by the Boundary Commission and asked what the significance of that information was and if it had been available to the Boundary Commission. City Manager Taylor indicated he would have to confirm that information. Councilor Bettman asked if the information could be made available by the Wednesday work session. City Manager Taylor said he would make every attempt to find out. Councilor Ortiz expressed appreciation to those who spoke, particularly the representatives of LEAD. She did not know what the council could do with regard to the OSAA decision, but offered her personal assistance if it was needed. Councilor Ortiz agreed the decision was not a good one. In response to comments about the hospital location, Councilor Ortiz clarified that the council had no control over where hospitals go. The City could not proscribe their locations. Councilor Papé also thanked those who spoke and said he did not recall having such a diverse group of speakers in terms of issues. He commended the representatives of LEAD for their heart-rending testimony. Councilor Papé agreed with Councilor Kelly about the open nature of the meetings of the Human Rights Commission but he did not think that was the complaint made; rather, those offering testimony complained about private meetings. He said the appearance of impropriety sometimes called into question the results, and asked for a memorandum about the topic and the involvement of staff and the City Attorney’s Office. Councilor Papé referred to the College Hill Reservoir issue and asked if the City could work with EWEB to maintain access to the five-acre site, which was valuable open space. He asked if the City could find out what it could do. Councilor Taylor also thanked those who spoke. She thought the City Council would regret the slogan it adopted for Eugene as the “Greatest City for the Arts and Outdoors” because it was hypocritical. She indicated support for Mr. Orval’s efforts because of his contributions to the community. Councilor Taylor hoped the council could use its influence with EWEB to keep the reservoir open to the public. Councilor Taylor said the City was fortunate to have the University of Oregon and University students prepared to help with design ideas for downtown. She hoped the City would listen to the students and not say it was too late for their input. MINUTES—Eugene City Council February 13, 2006 Page 8 Regular Meeting Councilor Taylor noted her long-time advocacy for a teen center and said one was needed downtown for young people to gather. 3. CONSENT CALENDAR A. Approval of City Council Minutes - November 21, 2005, Process Session - December 14, 2005, Work Session - January 9, 2006, Work Session - January 9, 2006, City Council Meeting - January 18, 2006, Work Session - January 23, 2006, City Council Meeting B. Approval of Tentative Working Agenda C. Adoption of 2006 City Council Priority Issues Councilor Solomon, seconded by Councilor Ortiz, moved to adopt the Consent Calendar. Councilor Bettman indicated that she submitted corrections to the minutes via e-mail. She pulled Item C. Mayor Piercy deemed the corrections accepted. Councilor Taylor also wished to pull Item C and referred to the December 14 work session and asked for permission to submit corrections at a later date. There was no objection. Councilor Papé pulled Item B. Roll call vote; the motion to adopt Item A on the Consent Calendar passed unanimously, 8:0. Referring to Item B, Tentative Working Agenda, Councilor Papé recalled that the council had been told it would have a work session on the Leadership in Energy and Environmental Design (LEED) building standards, but it was not on the schedule. City Manager Taylor indicated he would follow up, but noted that the staff involved in that effort was the same staff involved with addressing the council priority of planning for a new city hall complex. Roll call vote; the motion to adopt Item B passed unanimously, 8:0. Referring to Item C, City Council Priority Issues, Councilor Bettman indicated she could not support Goal 3 as worded in the document. A hospital could locate in Eugene if it followed all the legal processes, she said, but her difficulty with the goal was that the development process would be expedited by the City. She believed that there were issues not being addressed due to the haste of the process. She believed that, based on medical considerations, there were sites not in Eugene that were far superior to the one being considered. She said the criterion important to her was that one could move a child from the emergency room to surgery without recourse to a helicopter. She did not think the City should expedite the process or guarantee an outcome. Councilor Bettman, seconded by Councilor Taylor, moved to adopt Goal 3. MINUTES—Eugene City Council February 13, 2006 Page 9 Regular Meeting Councilor Kelly suggested a motion to divide would be in order but indicated willingness to vote if that was acknowledged. City Attorney Jerome Lidz concurred. Roll call vote; the amendment to the motion passed, 6:2; Councilor Bettman and Councilor Taylor voting no. Roll call vote; the amended motion passed unanimously, 8:0. 4. ACTION: An Ordinance Concerning Used Merchandise Dealers, and Amending Sections 4.989 and 4.990 of the Eugene Code, 1971 Councilor Solomon, seconded by Councilor Ortiz, moved that the council adopt Council Bill 4916, an ordinance concerning used merchandise dealers. Councilor Papé expressed appreciation for Attachment C and determined from City Manager Taylor that the department would absorb the expense. The council could consider an expanded proposal in the fiscal year 2007 budget if it did not fund the program as proposed. Councilor Papé acknowledged that he was likely the only councilor with a concern about the issue. Councilor Bettman supported the motion, noting she received a request from a constituent related to antique stores, and her interpretation of the ordinance was that they were not included. In response, Detective Bob Holland said he spoke to antique dealer Penny Dolan, and the regulated property identified would exclude a major part of her concern, which was furniture, antiques and knickknacks. The department’s concern was about the buying and selling of jewelry. Ms. Dolan seemed satisfied with that answer. Councilor Ortiz determined from Captain Elvia Williams that Lane County would take action on February 15, followed by action by Springfield. Councilor Ortiz indicated support for the ordinance. Responding to a question from Councilor Bettman, Captain Williams indicated the City would pay the administrative costs of the system and Lane County and Springfield would pay for their own detectives. Roll call vote; the motion passed unanimously, 8:0. Mayor Piercy called for a brief meeting break. 5. ACTION: Approval of Minutes, Findings, and Recommendations from the Hearings Official and Adoption of an Ordinance Levying Assessments for Improvements Consisting of Alley Paving Located in the West University Neighborhood Generally Bounded by Willamette Street, th 19 Avenue, Kincaid Street, and Franklin Boulevard; and Providing an Immediate Effective Date (Contract 2005-30, 2005-29, and 2005-28) (Job #4172, 4309, and 4310) Principal Civil Engineer Paul Klope was present to answer questions. Councilor Solomon, seconded by Councilor Ortiz, moved to approve the Minutes, Findings, and Recommendations of the Hearings Official of February 6, 2006. MINUTES—Eugene City Council February 13, 2006 Page 10 Regular Meeting Mayor Piercy called for comments on the motion. Councilor Pryor said he reviewed the issue carefully and believed he could support the findings with the provision there were ways for the owner-occupied properties to address the costs of the assessment in some fashion. Councilor Bettman said the proposal was consistent with the City’s assessment policies, with which she did not agree, so she would vote against the motion. She questioned what other neighborhoods the City would identify to improve alley access after this, and said that such an assessment could be devastating to the average homeowner. Councilor Papé was supportive of efforts to improve City alleys and he was happy to start in west Eugene. He referred to the soft costs referred to in the minutes and asked if the 28.5 percentage for engineering fees cited was accurate. Mr. Klope did not know where that figure came from. The project was charged the actual costs of staff time. He believed that the concerns cited by residents with regard to costs were based on the fact that City engineering costs included overhead as well as benefit costs. Councilor Papé said he would like the City to do such a project using private companies and compare that to the City’s costs as he frequently heard complaints about the City’s higher costs. Councilor Papé said he was also concerned about the perception of “bait and switch” in the costs as evidenced by the minutes. He thought that created a breach in the public trust. Mr. Klope noted the earlier estimates were done prior to the design. Councilor Papé acknowledged that but thought it a poor practice. City Manager Taylor called Councilor Papé’s attention to a table comparing the City’s charge out rates with private rates, showing the City’s rates were lower. Councilor Taylor indicated she would vote against the motion because she did not think the City’s assessment system was fair and many did not want the proposed improvements. Even with ten years to pay, the assessments were a significant amount of money for many residents. City Manager Taylor noted the ordinance had an immediate effective date, requiring six affirmative votes to proceed. There would be additional costs associated with any delay. Councilor Pryor determined that it was City policy to assess for 100 percent of the costs of sidewalks. Councilor Kelly recalled the work done by a subcommittee of the City Council, which had developed the system after a great deal of study. That did not preclude future changes. He pointed out, however, that while the Garden Club was a nonprofit organization, so was PeaceHealth. Mayor Piercy suggested there may be communication issues as representatives of a church she spoke to believe the church was exempt from the assessment, which was not the case. Councilor Taylor responded to Councilor Kelly, saying that said the Garden Club did not make money and PeaceHealth did. Roll call vote; the motion passed, 6:2; councilors Taylor and Bettman voting no. MINUTES—Eugene City Council February 13, 2006 Page 11 Regular Meeting Roll call vote; Councilor Solomon, seconded by Councilor Ortiz, moved that the council adopt Council Bill 4914, an ordinance levying assessments for improvements to alleyes in the West University neighborhood. Roll call vote; the motion passed, 6:2; councilors Tay- lor and Bettman voting no. 6. ACTION: An Ordinance Repealing Resolution No. 4127 and the Eugene Parks and Recreation Plan Adopted Therein; Amending Section 9.8010 of the Eugene Code, 1971; Repealing Section 9.9550 of that Code; and Adopting a Severability Clause Councilor Solomon, seconded by Councilor Ortiz, moved that the City Council adopt Council Bill 4914, an ordinance repealing the 1989 Eugene Parks and Recreation Plan. Mayor Piercy called for comments on the motion. Councilor Solomon objected to the lack of a project list in the Parks, Recreation, and Open Space (PROS) Comprehensive Plan, the impacts to the residential and commercial lands inventories, and said the action should not be taken without consideration of that. She did not understand why the plan was on a fast track, and said it appeared the City was attempting to avoid making a refinement to the Eugene-Springfield Metropolitan General Area Plan (Metro Plan), “end-gaming” the Metro Plan. She said she would vote no on the motion. Councilor Pryor agreed with the need for a lands inventory, but he supported the PROS Plan with the provision that there was still an “800-pound gorilla in the room,” that of the available land supply. He said the council’s next tasks should be a review of the project list and an inventory of land. That would be a crucial part of the discussion for him. Councilor Papé said the decision was difficult for him. He appreciated the work of the advisory committee that worked on the plan, which was a good product. He did not know what happened between that time and the time the plan reached the council. He could not move ahead with a plan that called for the removal of 13,000 acres without affecting the buildable commercial, residential, and industrial lands supply. He preferred to postpone action to a date certain to address those issues. Councilor Poling determined from Mr. Lidz that in the absence of action on item 6, there was no plan. Councilor Poling was also reluctant to support the motion and was reluctant to support the next motion as well. The City proposed to remove property from an unknown buildable lands supply. He favored tabling action to a time certain so the council could examine the lands supply and the residential lands supply completed by the Lane Council of Governments. The fact that the projects list was removed from the plan was a concern for him, and he noted an upcoming decision on the part of the State related to that topic that would be rendered in eight days. Councilor Bettman supported both motions. Speaking to the issue of the land supply, she thought the City could assume that most parks land to be acquired would be designated as either public or residential lands. She said there were many variables affecting the residential land supply and that housing units were what the community needed within a designated time frame to respond to growth, not necessarily acreage. She suggested the issue of density was more relevant to the issue of how much growth the community could accommodate than acreage. MINUTES—Eugene City Council February 13, 2006 Page 12 Regular Meeting Councilor Bettman asserted that the same people “fighting for large buildable lots” and no maximum lot size were also arguing that the community needed more developable land within the urban growth boundary. She said if the City wanted to use its land supply more efficiently and accommodate more units it must address the density issue and maximum lot size. Councilor Kelly said the PROS plan was a plan of strategies. He asked those considering opposing the plan on account of the land supply issue to have the discussion in the context of the project list rather than the plan. Councilor Kelly noted a good point that was raised by Roxie Cuellar of the Lane County Homebuilders Association in her e-mail communication to the council. He had not realized that parks were an outright permitted use in R-1 Low-Density Residential zones. He agreed a proactive land supply discussion was needed, and urged that it be done the right way. Councilor Kelly noted the Planning Commission, a group with diverse views, was working on some good ideas about opportunity siting tied with density allocation. He suggested the council let those ideas come forward before the land supply discussion so the council could have a more fruitful discussion. He maintained the City was in compliance with State law with regard to the land supply at this time. Councilor Kelly recalled that the most recent periodic review study presumed that parks would be developed, and took that amount out of the land supply; page 28 of the study indicated that it assumed 32 percent of residential land would be used for parks and other nonresidential uses. Councilor Pryor said the discussion pointed out that the real issue before the council was that of the land supply. That was why he was willing to support the plan, as it was a side discussion to the real discussion. He was committed to having a real discussion about the land supply in a thoughtful and coordinated way, using real facts and data on which to base a decision. He had been unaware of the pending court decision but did not have enough information about the timing of that decision to table the motion at this time. City Manager Taylor echoed the comments of Councilor Kelly and Councilor Pryor. He said if the issue was land use, the plan should not be delayed. Staff recommended the proposed direction based on council direction, and a project discussion was scheduled for the next work session. He said a discussion of land use could occur at another time. He thought it would be regrettable to hold the plan hostage to that discussion. Councilor Papé appreciated the discussion but believed it was wrong to take the issue of the impact of parks on the land supply in isolation. He did not support the motion. He said that in 1989, the City established a ratio for parks that called for 2.7 acres of parks per 1,000 residents; that had increased in the proposed plan to 20 acres per 1,000 residents. He thought that to move ahead tonight was a mistake. Roll call vote; the motion passed, 5:3; councilors Papé, Solomon, and Poling voting no. 6. ACTION: Resolution 4858 Adopting a New Parks, Recreation, and Open Space Plan (“PROS Comprehensive Plan”) and Providing an Effective Date Councilor Solomon, seconded by Councilor Ortiz, moved to adopt Resolution 4858 adopt- ing a new Parks, Recreation, and Open Space (“PROS Comprehensive Plan”) and provid- ing an effective date. MINUTES—Eugene City Council February 13, 2006 Page 13 Regular Meeting Councilor Poling, seconded by Councilor Papé, moved to amend the motion by adding the words “and a project list” after the parenthetical reference to the PROS Comprehensive Plan. Mayor Piercy called for comments on the motion. Councilor Kelly believed the amendment would make the motion impossible to pass given the fact the project list was not before the council. He said staff had articulated a good reason for adopting the two documents separately, and while he was anxious to get to discussion of the project list, he believed there was a convincing argument to adopt the list separately. He opposed the amendment. City Manager Taylor noted that the project list would be considered by the council in a work session in two weeks. Councilor Bettman opposed the motion as preempting a future council discussion. Councilor Poling said he offered the amendment in an attempt to avoid litigation and to respond to those in the community who did not think the council should adopt the plan without a project list. He thought the project list should be part of the plan. Mr. Lidz noted that the project list was not before the council and he was unclear as to the intent of the motion. Was it to adopt a project list or to postpone action? Councilor Poling said that the project list existed but had not been finalized and he thought both the plan and project list should be adopted concur- rently. Mr. Lidz did not see how the council could adopt a project list that it did not have before it. Councilor Poling clarified that the intent of his motion was to include the project list in the PROS Plan. He asked for guidance on how to accomplish that intent. Mr. Lidz indicated the motion would have to be tabled for that to occur. Councilor Poling withdrew his motion with the consent of his second, Councilor Papé. Councilor Poling, seconded by Councilor Papé, moved to postpone action until April 10, 2006. Councilor Papé supported the motion. He said legal counsel indicated to him that he believed the plan was likely to survive a legal challenge but that would come at a cost. He asked the council to consider the costs of any litigation and to support the motion. City Manager Taylor expressed concern that the council had repealed the existing ordinance establishing a comprehensive parks plan and could potentially leave nothing in its place until it developed the best legal strategy in regard to the project list. He asked the council to consider if that was the policy it wanted to leave the voters of the city with on the same night that it forwarded a strategy for placing on parks acquisition measure on the ballot. Councilor Pryor said he liked the idea of including the project list into the plan but had previously not thought it feasible. It now appeared it might be. He was willing to explore that possibility, but thought the manager’s point about a lack of an ordinance was well-taken. He suggested the council postpone the MINUTES—Eugene City Council February 13, 2006 Page 14 Regular Meeting adoption of the plan until it had a project list in hand and on February 14, as a member of the prevailing side, he could move to reconsider the ordinance adopted as part of item 5. He acknowledged that was a complicated approach. Councilor Bettman did not find the threat of a lawsuit by the Lane County Homebuilders Association to be sufficient reason to postpone action. She asserted the subtext of the threat, like the Goal 5 and other land use and zoning issues, was to use every possible means to expand the urban growth boundary (UGB). People were trying to use a popular initiative with a lot of community input to leverage the expansion of the UGB. She pointed out the manager followed the council’s directive in returning with the plan as he had. Councilor Bettman said she had some issues with the project list, particularly as it regarded the systems development charge (SDC). She was surprised that people were so willing to include the project list in the plan because it committed the City to $220 million if projects, escalating the SDC. She questioned that there was so much enthusiasm on the part of some for including the project list in the plan. She opposed the motion. Councilor Kelly believed the City was likely to face legal action with or without a project list, now or later in April. He expressed appreciation to Councilor Pryor for attempting to find a way through the situation but thought the threat of litigation would still exist. Mayor Piercy said if necessary, she would vote to move forward with the plan. Roll call vote; the vote on the motion to postpone action was a 4:4 tie; councilors Kelly, Taylor, Bettman, and Ortiz voting no, and councilors Papé, Poling, Solomon, and Pryor voting yes. Mayor Piercy cast a vote opposing the motion and it failed on a final vote of 5:4. Roll call vote; the motion to adopt Resolution 4858 passed 5:3; councilors Papé, Solomon, and Poling voting no. The meeting was adjourned at 10:20 p.m. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Kimberly Young) MINUTES—Eugene City Council February 13, 2006 Page 15 Regular Meeting