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HomeMy WebLinkAboutCC Minutes - 05/08/06 Work Session M I N U T E S Eugene City Council Work Session McNutt Room—Eugene City Hall May 8, 2006 5:30 p.m. COUNCILORS PRESENT: Jennifer Solomon, Andrea Ortiz, David Kelly, Betty Taylor, Gary Papé, Bonny Bettman, George Poling, Chris Pryor. The Honorable Mayor Kitty Piercy called the work session of the Eugene City Council to order A. Committee Reports and Items of Interest from Mayor, City Council and City Manager Mayor Piercy reported that four representatives from Durango, Mexico visited Eugene over the past week to study urban forestry. She displayed a gift received by the City from the Governor of Durango. Mayor Piercy then announced that Saturday, May 13, was Kids Sports Day and onThursday, May 11, from 6 p.m. to 8 p.m. a public forum would be held at the Lane County Fairgrounds (with the Osprey Group in attendance) to discuss the assessment of the West Eugene Parkway. In conclusion, Mayor Piercy stated that due to the full agenda at the regular council meeting at 7:30 p.m., the items pulled from the Consent Calendar would be addressed at the end of that meeting. Ms. Ortiz spoke about the Durango visitors and stressed that the visit was a major step forward for the Mexican environment. She explained that Mexico historically had not devoted significant time to environmental issues and that the Governor of Durango was committed to creating a template to address issues around the environment. Ms. Ortiz thanked staff for the effort it put forth for this visit on such short notice. She then reminded the public to vote on May 16. In conclusion, Ms. Ortiz reported that the Human Services Commission continued to address the Community Health Center and how funds would be utilized wisely to provide services for that facility. Mr. Pryor reported that the Human Services Commission met on April 17 to discuss the budget and receive a presentation from the HIV Alliance on the Needle Exchange Program. He announced that the commission would hold a budget hearing at 5:30 p.m. on May 25, at a location to be determined. Mr. Pryor then reported on a recent Lane Metro Partnership meeting, and said that the partnership determined it could do its work on a quarterly basis and revised its meeting schedule accordingly. Mr. Pryor opined that this decision would make meetings more effective. MINUTES—Eugene City Council May 8, 2006 Page 1 Work Session In conclusion, Mr. Pryor announced that the Springfield Chamber of Commerce withdrew its financial support from the partnership. He expressed hope that the chamber would return when it realizes the benefit of a collaborative effort. Ms. Bettman reminded constituents in the Bethel area to look at both sides of the ballot when voting. She then reported that the Police Commission created two committees to (1) craft prototype ordinance language for the Civilian Review Board; and (2) craft prototype ordinance language for the Police Auditor. Ms. Bettman announced that the Farmer’s Market was now open for business at the Tuesday Downtown Market. Continuing, Ms. Bettman asked the City Manager if there would be an additional cost to post the City Council Agenda via Metro Television. Ms. Bettman reasoned that constituents access such information from their television sets more readily than the computer. City Manager Dennis Taylor surmised that this cost could be absorbed into existing budget costs. He said he would research the issue and advise accordingly. Mr. Papé? reported that a member of the Lane Council of Governments (LCOG) Board of Directors recently reminded the board that it was the designated Metropolitan Planning Organization (MPO) for the area and had delegated that charge to the Metropolitan Planning Committee (MPC). As a result, staff provided an historical account of that delegation and the LCOG board, which had expressed a concern regarding the status of transportation projects, would begin to monitor MPC activities. Mr. Papé? announced that he recently met with Library, Recreation, and Cultural Services Director Angel Jones and other staff to discuss the feasibility of transforming Fire Station #1 into a community center for teens, however, it was determined the space would not be appropriate for that purpose. He said he was hopeful staff would recommend other City-owned facilities for this purpose. In conclusion, Mr. Papé? announced that the River Road/Santa Clara Transition Team and Task Force would complete their work on June 30 and both organizations have agreed to accept responsibility for future transition issues. Mr. Poling congratulated the 10 firefighters who graduated from the Fire Academy in April. He turned to recent “Letters to the Editor” regarding the removal of trees along the north side of Oakway Mall off Coburg Road. He explained that the trees were beginning to deteriorate the sideways, curbs, and streets, and causing issues with the storm drains. Mr. Poling said that neighbors were notified of the tree removals and that new trees would be planted which would be appropriate for the environment in that particular area. In conclusion, Mr. Poling announced that an Accessible Pedestrian Signal Ceremony would be held at 10 a.m. on May 9 at the new intersection at Oakway Mall. Mr. Kelly clarified that with regard to MPO/MPC and transportation issues, in November 2005, he and Mayor Piercy followed City Council direction when they cast their votes to forward 66 of the 67 transportation projects on the list and reject the West Eugene Parkway project. Further, new projects–amendments to the current Metropolitan Transportation Improvement Project list— that were time-sensitive had been supported 100 percent. Mr. Kelly then reported that he attended an excellent training devoted to issues related to the Arab Muslim and Seikh communities. In conclusion, Mr. Kelly reported that Region 2050 Policy Advisory Board MINUTES—Eugene City Council May 8, 2006 Page 2 Work Session recently met and received information from the State and LCOG which would be carefully reviewed. He said he plans to meet with Planning Division staff Susan Muir and Kurt Yeiter to review the materials. Mr. Kelly announced that the next Region 2050 meeting would be May 30. Ms. Taylor spoke about trees and reminded staff that the City Council continues to await the implementation of the tree regulations adopted by the City Council. She stressed that tree protection was critical. Ms. Taylor reported that the Regional Air Protection Agency (LRAPA) would meet on May 9 to discuss environmental odors. Ms. Taylor asked for an explanation of what differentiates “The Charter permits” from “The Charter requires,” specifically as it related to the hiring of the Police Auditor staff and an in- house attorney. City Attorney Glenn Klein replied he could not respond to the in-house attorney issue and that Jerry Lidz of his office wrote an opinion with regard to the Police Auditor staff. He said he would review that opinion and then respond to the inquiry. Ms. Taylor opined that the City Manager had the authority to hire all staff; however, he also had the ability to cede that authority. Ms. Taylor asked for a clarification regarding emails received by councilors which address locations for a hospital and the notation that those emails do not need to be part of the record. Mr. Klein explained that those particular emails could become part of the record should councilors choose to forward them on to Planning staff designate Alissa Hansen; however, he stressed that there was no requirement that they become part of the record unless they were sent to Ms. Hansen to become part of the record. Ms. Taylor opined that the authors of those emails would wish the content to be part of the record. Mr. Klein elaborated that once the Planning Commission forwarded its recommendation on the hospital to the council, any emails received from that point forward should be part of the public record. Moving on, Ms. Taylor spoke to the Police Auditor selection process and asked how it was determined who was an “outside expert.” Mayor Piercy responded that the Police Commission provided a list of outside experts to the ad hoc committee for review and prioritization. Ms. Ortiz added there were independent auditors from other jurisdictions on the list who have the history and experience to provide valuable consultation. Ms. Taylor turned to the unoccupied buildings and spaces in the downtown core and questioned if the owners of those buildings/spaces could be taxed through a downtown empty building/space tax structure and if a council work session should be scheduled to address this issue. Ms. Solomon announced that she attended the Lane County Prayer Breakfast on May 5, which was well-attended. She reported that on May 21, the Friends of Golden Gardens Park would canvas area neighborhoods with flyers providing safety tips for park visitors. City Manager Taylor reiterated the announcement made by Mayor Piercy that the meeting on the West Eugene Parkway Conflict Assessment would be held at the Lane Events Center Performance Hall on Thursday, May 11, at 6 p.m. Mr. Papé? spoke to the emails referring to a hospital location and questioned if councilors were permitted to advise senders that the emails have been forward to Ms. Hansen to be entered into MINUTES—Eugene City Council May 8, 2006 Page 3 Work Session the record. Mr. Klein explained that if councilors want those emails entered into the record, they could be read and then forwarded to Ms. Hansen for inclusion into the record. If they were not read, they do not need to be forwarded to Ms. Hansen. Additionally, it was appropriate to respond to senders that the email had been forwarded to City staff to enter into the record without further comment. Mr. Papé? announced that the Annual Scottish Festival would be held on Saturday, May 20, at the Presbyterian Church on River Road. Ms. Bettman referred to Ms. Solomon’s announcement regarding Golden Gardens Park and pointed out that the ponds continue to be dangerous. She said she sent a request to the City Manager and City Attorney’s Office to fence the area, as there would be a period of time before the safety issue could be addressed. Mr. Klein noted that Public Works was in the process of responding to Ms. Bettman’s email request. B. WORK SESSION: Cuthbert Amphitheater Update Angel Jones, Executive Director of the Library, Recreation and Cultural Services Department, reviewed the Agenda Item Summary (AIS). She was pleased to report that the community would have the opportunity to attend more events this summer then in the past seven years with a total of 11 shows scheduled, due to the contractual agreement recently signed with Kesey Enterprises and Double Tee of Portland. Additionally, the contract provided an opportunity to build stronger relationships with the University of Oregon, beginning with the Amphitheater hosting the Willamette Folk Festival in May. Ms. Jones said that the contract guaranteed the City a minimum of $30,000 profit per year for five years and she expressed confidence that due to the impressive lineup of acts scheduled for summer 2006 this amount would easily be exceeded. Additionally, she stated that Kesey/Leiken made an agreement with the International Alliance of Theatrical Stage Employees (IATSA), Local 675, to ensure that union workers were employed for the events. Mayor Piercy solicited comments and questions from the council. Mr. Kelly expressed disappointment that the City Council was not informed and consulted that an RFP to manage the facility would move forward. He pointed out that council direction of 20 years ago was not an adequate sign to staff that it should start such a process. Mr. Kelly asked if local, non-profit resident companies could play a role in recruiting acts for the venue. Laura Niles, Acting Cultural Services Manager, pointed out that discussions around this issue have ensued in the past; however, there were varying complexities, such as funding artist fees and accessibility to artists during the summer months. Mr. Kelly then expressed some anxiety about the danger of the Cuthbert turning into a commercial/competitive model. He spoke to accessibility, which he defined as diversity of programming and opined that if the model becomes purely commercial, diversity may be lost in the process. Mr. Kelly questioned if the contract required a variety in the programming and/or minimum number of shows. Ms. Niles responded the contract did not specify a minimum number of shows; rather, it planned to schedule shows that were perceived to be attractive to Eugene audiences. Mark Loigman, Operations Director, explained that the contract did speak to accessible and varied programming. The Willamette Folk Festival, for instance, would be free to the public (including parking) which spoke to diversity, and the contract included a clause MINUTES—Eugene City Council May 8, 2006 Page 4 Work Session whereby the City retained a number of “no fee” uses for community events at the Cuthbert. Mr. Kelly stated that he would prefer that the contract include a metric on that component. Ms. Taylor stated she would be pleased if Eugene could be classified as the “Greatest City for Justice for Working People.” She spoke to the stage hands and the fact that they would not receive benefits in the new arrangement. Mr. Loigman explained that the stage hands would continue to hold a contract with regard to the activities that occur at the Hult Center and, while working at the Cuthbert, these individuals would not be considered City employees and therefore would not receive benefits for the hours worked there. However, he stressed that there would be more opportunity for work under the new agreement then in the past. Ms. Taylor opined that privatization of the Cuthbert could prove to be a detriment to employees. She expressed hope that something could be done for employees who were working for lower wages and no benefits. Ms. Bettman spoke to the parking issue and asked if that component would be changed. Mr. Loigman explained that there would be adequate parking for park users and the parking ordinance would be adhered to. He added that a small parking fee, such as $1 or $2, would be included in the ticket price as opposed to being charged upon entrance into the park. (It was noted that the previous parking fee at the park was $5.) Mr. Loigman added that the City would receive one- half of the parking proceeds at the end of the season by formula with other ancillary revenue sharing. Ms. Bettman questioned if the City could have held on to the Cuthbert and said that inadequate information with regard to the RFP process did not reveal if this decision was a wise and prudent step. Ms. Ortiz pointed out that the removal of employee benefits amounted to a reduction in wages. She then expressed hope that Kesey Enterprises would look at the entire community as it moved forward with the future planning of events as the cost of some of the shows in the past were exorbitant for many members of the community. Mr. Pape? echoed Mr. Kelly’s comment that the City Council was not adequately informed about the process. However, he complimented City Manager Taylor and staff for looking for alternative models to provide services to the community. Mr. Pape? opined that the decision to privatize was prudent and he supported it. He said he would look forward to attending upcoming events. City Manager Taylor commented that the Willamette Folk Festival had outgrown the University facilities and the change in venue would bring out more members of the community. He said that ongoing and new clientele accessing the Cuthbert would provide a stimulus for other ways in which to utilize the venue. Mayor Piercy stated she was pleased at the number of performances that were already scheduled for the summer; however, she also expressed concern about the reduction in wages. She pointed out that cultural services were essential for the community, as well as sustainability for the City’s employees. Ms. Jones voiced her view that it was not the role of government to provide the service; however, it was the role of government to ensure the service. She said she continues to view the challenges around the delivery of services with the limited resources available and competing priorities. Mr. Poling voiced concern regarding the wage and benefit component; however, he was pleased that the privatization allowed the Cuthbert, a great City asset, to remain open. He asked if the MINUTES—Eugene City Council May 8, 2006 Page 5 Work Session contract could be renegotiated if deemed appropriate. Ms. Jones replied that the contract had a five-year duration; however, if there was “good cause,” the City had the ability to withdraw if the Cultural Policy Review Board deems it necessary. She added that Kesey Enterprises had been diligent in adhering to the City’s values. Ms. Jones assured the council that it would receive a report on the first year’s performance of this new arrangement. Mayor Piercy solicited a second round of questions and comments. Mr. Kelly spoke to the Roseburg Events Center and questioned why that area was able to bring in popular acts when it certainly faced the same challenges as Eugene. Ms. Niles said that an entity (such as the business community in Roseburg) funding such acts at a higher level in advance was a key to such success. Mr. Kelly reasoned that the Roseburg community did not offer a Hult Center with lineups such as the symphony, ballet, and opera company, and therefore there was a limited scope for cultural contributions. Mr. Kelly turned to the labor issue and said it was unfortunate the council was not involved in those discussions. He commented that the labor force was ill-treated in the process and expressed an understanding that the union had filed an unfair labor practices complaint. In response to a question from Mr. Papé?, Ms. Niles responded there were currently eight resident companies connected to the Hult Center and the City’s requirements for those companies have not changed: six performances during the September to May season; paid staff; locally based/non-profit, professional organization; “season ticket” offerings; and the provision of educational outreach activities to the community. She noted there was a question about the Opera’s viability at this time and a proposal to maintain its residency status would be reviewed by the Cultural Services Advisory Committee. Mr. Papé? voiced opposition to a policy allowing companies to lower their standards to remain a resident company. Ms. Bettman stated she favored lowering the threshold to retain the Opera in Eugene. She pointed out that profitability on the “private” side was related to the fact that there was taxpayer subsidy in providing the facility, land for parking, and intangible services. Ms. Bettman turned to the labor issue and said she regretted any profit that would be realized at the expense of the workers. She conceded that the City Manager retained purview over contractual services and therefore the City Council may have no role in aspects of the contract. Ms. Bettman asked if the vendors would pursue any sponsorships. Ms. Niles replied that vendors have a significant interest in supporting the venue but have had difficulty committing in the past as there was not a season for them to support. She said it was certainly an option. Mr. Loigman clarified that in addition to the $30,000 profit guarantee to the City by Kesey Enterprises, there was an additional guarantee of $2.00 for every ticket sold and there would be income to the City from food and beverage sales, parking fees, sponsorships, and cash donations. In addition, for the six months the concessionaires were in residence from May 1 to October 1 they were responsible for the maintenance and upkeep of the facility to the City’s standards as well as utility payments. Ms. Bettman reiterated that she did not receive the figures related to this information so she could not determine if it was a benefit for taxpayers. She suggested that as this arrangement was subsidized by the taxpayers and as there would be requests for sponsorships and banners for commercial entities, a banner thanking the citizens of Eugene for providing the venue/offsetting the cost was appropriate. Staff concurred. MINUTES—Eugene City Council May 8, 2006 Page 6 Work Session City Manager Taylor shared that one year ago, Ms. Jones informed him that it would be difficult to hold future events at the Cuthbert Amphitheatre, as the operation was in serious financial condition. She therefore recommended that the $50,000 allocation be put to other needs. However, following the adopted slogan by the City Council of The World’s Greatest City for the Arts and Outdoors, City Manager Taylor deemed that canceling the season at the Cuthbert was not an option. He spoke to the loss the City incurred from last summer’s season, which totaled approximately $100,000, and commented that to move forward with the privatization, it was realized the number of performances could be increased which would increase the vendors and, in turn, increase revenue flow. City Manager Taylor expressed that the Cuthbert was too important a community asset to the community to be closed. With regard to the labor issue, City Manager Taylor opined it was concluded it would be far better to have more work than no work at all. C. WORK SESSION: Crest Drive Neighborhood Context Sensitive Solutions Process Lisa Gardner, Senior Transportation Planner, recognized Kathy Suranpa and Fred Lorish from the Crest Drive Community Team and Dave Roth, an intern from the University of Oregon. She proceeded with a PowerPoint presentation outlining the components of the process: ? Process Review ? Identified Streets ? Crest Drive Community Team ? Group Agreements ? Decision-Making ? Meetings ? Communication ? Support ? Mission Statement ? Context Sensitive Solutions ? Context Sensitive Solutions Around the Country ? Context Sensitive Solutions/Context Sensitive Design in Eugene ? Work Plan Development ? Engineering Process ? Issues Identification/Existing Conditions ? Public Involvement Plan ? Next Steps/Timeline – 12 to 18 months ? Crest Drive Community Team Product ? City Manager’s Recommendation ? Crest Drive Website: www.eugene-or.gov/pwprojects Mayor Piercy expressed appreciation to all members of the community and staff for their exemplary contributions to this project. She then called on the council for questions and comments. Ms. Taylor expressed appreciation to the citizens and staff who contributed their talents thus far to the process. She expressed hope that the City would continue to listen and work with the citizens in unison. In the interim, Ms. Taylor urged the City to address the potholes on Crest Drive. MINUTES—Eugene City Council May 8, 2006 Page 7 Work Session Ms. Bettman opined that the project would be a model process for the community and congratulated the neighbors and staff for their participation. In response to a question from Ms. Bettman, Ms. Gardner replied that all of the neighbors who attended the May 4 meeting signed or would sign the Group Agreement. She stressed there had been no expression of dissent as the Crest Drive Community Team (CDCT) was a consensus model. Ms. Bettman observed that the CDCT product was transportation-oriented and did not address neighborhood character, property values, and other issues in which financially impacted residents would be interested. Ms. Gardner stated that those considerations would be addressed as part of the Context Sensitive Design Solutions (CSS) process and the product itself would be a recommended design and reflective of the components Ms. Bettman put forth. Ms. Gardner noted that development of criteria would ensue. Ms. Bettman stated she believes in the primacy of the people who would be financially impacted and concurred there would be improvements which fulfill transportation needs of other people in the community; however, she stressed the product must be done in a way that did not negatively impact the neighborhood and the property values. Ms. Gardner clarified that “McLean” was not one of the affected streets as noted in the council packet. She turned to the property owner input and said that input was part of the design of the Crest Drive Neighborhood Group Subcommittee, primarily made up of property owners on the affected streets. Ms. Bettman stated she would support the motion as a good portion of the costs could be reimbursed. Mr. Papé? applauded the process and recognized that while this project would take more time and energy, it would be a better product due to its consensus nature. City Manager Taylor commented that the work of the neighborhood reinforced by the recommendation of the City Manager captured everyone’s attention. Mr. Papé? expressed a desire to hear from the neighborhood members. Ms. Gardner said that opportunity would present itself as the process moves forward. In response to a question from Mr. Papé?, Ms. Gardner responded that classification was not now a focus; rather, the focus was on the street design which was more significant in terms of how the street would function. Mr. Kelly echoed previous comments and complimented those involved in the process. He concurred that this process could be a model for other projects throughout the City. Mr. Kelly opined that some projects could sometimes take longer due to contentiousness between the City and its constituents, whereas this project begins on a positive note. In conclusion, Mr. Kelly spoke to standards and guidelines and noted that standards must follow the law. However, he urged the members of the CDCT to bring any issues around standards (which could be amended if deemed appropriate) to the City Council, in order to preserve the integrity and intent of the process. Mr. Pryor offered his compliments to all individuals involved in this project thus far. He stated that the intent to “do it right” while being cost-effective may make the process more lengthy but would result in an exemplary product. Mr. Pryor spoke to the collaborative process and pointed out there must be a balance between a “context-sensitive design” and the assurance that a boutique system was not created. He opined that the process would ensure an appropriate balance. Mayor Piercy called for a second round of comments and questions. MINUTES—Eugene City Council May 8, 2006 Page 8 Work Session Ms. Taylor opined that the fact that only two neighbors were in attendance indicated people were less concerned and less angry with regard to the process. She spoke to the financial component and pointed out that property owners on side streets would not be contributing to the financial aspect but would benefit. She revealed that some of those owners have expressed an interest in contributing to the process. Ms. Taylor noted that some property owners may lose their houses if they were required to pay an assessment fee. She urged staff to ascertain if there was an avenue to allow contributions from side street owners and waive charges for property owners who cannot afford the assessment fees. In response to a question from Ms. Taylor, Ms. Gardner replied there were four at-large representatives from the neighborhood on the committee, in addition to the 16 representatives from affected streets. Ms. Taylor noted that some of those owners were feeling neglected by the process. Ms. Gardner assured the council there would be ample opportunity to involve both affected property owners and broader representatives of the neighborhood throughout the process. Responding to Ms. Taylor’s concern with regard to assessment fees for low-income property owners, Mr. Kelly commented that there was a potential for a low-income subsidy. Ms. Solomon, seconded by Ms. Ortiz, moved to direct the City Manager to implement the Crest Drive Neighborhood Context Sensitive Solutions Process in anticipation of a General Fund appropriation of $240,000 in FY07. The motion passed unanimously. The meeting adjourned at 7:02 p.m. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Joyce Ogden) MINUTES—Eugene City Council May 8, 2006 Page 9 Work Session