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HomeMy WebLinkAbout09/11/1989 Meeting (3) e M I NUT E S Eugene City Council Council Chamber--Eugene City Hall September 11, 1989 7:30 p.m. COUNCILORS PRESENT: Ruth Bascom, Robert Bennett, Shawn Boles, Debra Ehrman, Bobby Green, Freeman Holmer, Roger Rutan, Emily Schue. The meeting of the Eugene City Council was called to order by His Honor Mayor Jeff Mi 11 er. Mayor Miller pointed out that City ordinance prohibits the display of signs in the Council Chamber and he requested their removal. 1. PUBLIC FORUM Mayor Miller said the Public Forum is an opportunity for people to express opinions and provide information to the council about issues that are not scheduled for council consideration. He emphasized the difference between a e public hearing and the public forum and asked those speaking to limit their comments in order to allow all those wishing to speak the opportunity to do so. He said the council will not respond immediately to the concerns expressed in the public forum. David Foster, 2313 Hilyard, identified himself as an experienced teacher at the high school and university levels. He referred to the country's IIwar on drugsll and said a "war on despair" would more effectively address the causes of society's ills. Mr. Foster encouraged the council to form a task force to deal with the issue of despair and to take inventory of available people and facilities. He urged prudence in the disposition of existing facilities. Merton Saling, 1510 Charnelton, spoke on the issue of public housing and said the council had spent Federal funds intended for low-income housing on the Downtown Athletic Club. Referring to the availability of loaned City funds for the construction of downtown office space, Mr. Saling claimed the council is biased in favor of business and lIyuppies." Mayor Miller said Mr. Saling would receive a report on the council's involvement in the housing issue. Richard K. Reuter, 1072 West 8th Street, spoke on behalf of Lane Fair Share. He read a letter accusing the City of the illegal sale of public land (Lincoln School) and formally requesting "a public determination of need for public use of the Lincoln School property, including the Lincoln School e MINUTES--Eugene City Council September 11, 1989 Page 1 e building, community gardens, annex, ball fields, playground, as directed by Oregon Statute 271. 310. II Mr. Reuter disputed Mayor Miller's interpretation of the purpose of the public forum and said citizens should be allowed to speak on any topic of their choosing. Alan Mayer, 305 Taylor Street, offered to purchase the Lincoln School building and property for $150,000. Randy Prince, PO Box 927, spoke about his summer travels and informed the council that recycling is an important issue around the country. He said the biggest issue on the east coast is the "cocaine wars." Mr. Prince cautioned that society could become a war zone unless gang activity is eliminated. He considered neighborhood and community solidarity a critical weapon in combatting gangs before they become established. Toni Ruby, 695 Ruskin, said more community centers and activities for teens would provide alternatives to drug and alcohol use by young people. Robin Mauro, 105 Iowa Street, asked when the council would hold a public hearing on issues relating to Lincoln School, homelessness, and high rents. She read a prepared statement and said drastic measures must be taken to prevent homelessness in the Eugene-Springfield area from tripling this year. She questioned Councilor Bennett1s real estate interests and accused councilors of making decisions profitable to themselves. Ms. Mauro requested e a written response from each councilor by the end of the week and demanded that a public meeting be scheduled to address the issues she raised. She maintained that the Oregon Revised Statutes enable the council to impose rent control. II. CONSENT CALENDAR A. Approval of City Council minutes of August 14 Dinner/Work Session; July 12 and July 26 City Council Meetings B. Appointments: Mayor's Appointment to the Public Safety Advisory Committee Lupe Quinn, 3820 Greenwood Street...... .(unexpired term ending December 31, 1990) C. Call for Public Hearing Concerning an Alley Vacation Request located east of Agate Street between 19th and 20th avenues (George A. Millener) (AV 89-1) Ms. Bascom moved, seconded by Mr. Rutan, to approve the items on the City Council Consent calendar. Roll call vote; the motion carried unanimously, 8:0. e MINUTES--Eugene City Council September 11, 1989 Page 2 e III. PUBLIC HEARING: ORDINANCE GRANTING AN EXCEPTION FOR OUTDOOR BURNING IN THE WILLOW CREEK NATURAL AREA City Manager Mike Gleason introduced the topic. Jim Croteau, Planning and Development Department, reported that in 1982 the council adopted the Willow Creek Study which set land use decisions for an area south of West 11th Avenue. Part of that study dealt with the Willow Creek natural area. Subsequent to the study's adoption, the Nature Conservancy, in cooperation with the property owners, assumed management of the natural area which contains at least one Federally endangered species. Since that time, two burns have been conducted to remove non-native vegetation. The ordinance before the council would allow an exception to the City's burning regulations and would allow a management burn to occur before October 20. The Lane Regional Air Pollution Authority has granted a burning permit for this activity. Mr. Croteau pointed out that since the 1983 involvement of the Nature Conservancy, the area has been burned twice. As the burns are successful, it is hoped that they will become less frequent. Answering a question from Mr. Holmer, Mr. Croteau explained that the Nature Conservancy's contract for management of the area is with the property owners and while the City is an interested party, it is not party to that agreement. e Catherine MacDonald, representing the Nature Conservancy, added that the agreements with the land owners assume that the lands within the natural area boundary will be donated to the City or to the Nature Conservancy at the time the uplands are developed for residential uses. Mr. Holmer questioned burning an ash forest area when there is a mandate to preserve the ash forest at the Spectra Physics site. Ms. MacDonald responded that the wetland community at Willow Creek and at the Spectra Physics site are at different successional stages. The area presently proposed for burning is a grassland community that harbors several rare species and without fire it will succeed to an ash forest. She added that the wetland component connects the two areas mentioned by Mr. Holmer. Mayor Miller opened the public hearing. There being no requests to speak, Mayor Miller closed the public hearing. CB 4158--An ordinance granting an exception to the application of Eugene Code, 1971, Section 6.200; and declaring an emergency. Ms. Bascom moved, seconded by Mr. Rutan, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at e MINUTES--Eugene City Council September II, 1989 Page 3 e this time. Roll call vote; the motion carried unanimously, 8:0. Council Bill 4158 was read the second time by number only. Ms. Bascom moved, seconded by Mr. Rutan, that the bill be approved and given final passage. Mr. Holmer referred to his 1987 vote in favor of the application of an herbicide (fire) to the property and said he regretted the ecological disturbance. He questioned the council's interference with the balance of nature and said he would again vote reluctantly to destroy that which is being created by nature. Mr. Bascom said she would refrain from lecturing the council on the values of burning for vegetation control. All councilors present voting aye, the bill was declared passed (and became Ordinance No. 19634). IV. PUBLIC HEARING: IMPROVEMENTS ON TERRY STREET AND AMAZON CHANNEL FLOODWAY MODIFICATIONS (JOB #2352) City Manager Mike Gleason introduced the topic. Les Lyle, Public Works Department, presented the staff report. As Spectra Physics expands on its e site, Terry Street (a main entrance to that site) should be brought up to City standards. In addition, a floodway modification around the site is required by the Federal Emergency Management Agency prior to the expansion of Spectra Physics. Mr. Lyle said a unique opportunity to accept a State lottery grant for the improvements will reduce the overall assessment for the property owners along Terry Street by approximately 50 percent. The project has been previously identified in the CIP as one that would have to be initiated by the council. The Hearings Official recommends council endorsement of the improvement. A remonstrance has been received from the University of Oregon Foundation, one of the major owners of property fronting the proposed improvement. Code requires a two thirds majority vote for council initiation of the project. The floodway modification will entail an 80-foot easement around the Spectra Physics-owned property. That easement would be purchased from the U of 0 Foundation. The Foundation would thereby not only receive the benefits of the lottery grant in reducing the assessment, but would also receive a payment for the easement. Mr. Lyle noted that the scope of the improvement is not encumbered by wetlands. He went on to describe four concerns identified during the hearing: 1) timing (60 days are allowed for the City to respond by resolution to notification that lottery funds have been authorized); 2) the need for sidewalks, which should be included because funds are available and e there are current users; 3) a signal at West 11th Avenue and Terry Street MINUTES--Eugene City Council September II, 1989 Page 4 e (staff evaluation concludes that at this time there is insufficient need at that intersection to warrant a signal, but as Spectra Physics expands, this need is expected to grow); and 4) the wetlands impact on the developability of the area (tentative review indicates that the area of impact is less than originally envisioned). Mr. Lyle concluded with staff's recommendation that the council authorize the resolution initiating the design, bidding, and acquisition for the improvement to Terry Street and for the proposed floodway modification, and authorize acceptance of the lottery grant. Answering questions from Mr. Rutan, Mr. Lyle said the University of Oregon Foundation's lot is 160 feet deep on the east side and runs from West 11th Avenue north to approximately the Amazon channel. The lot will retain its 160-foot width after the street improvement. The approximate assessment will probably be between $40 and $50 per front foot if the lottery grant is accepted (the lot has 1,350 front feet). The easement acquisition for the floodway will further draw down the assessment. Mayor Miller opened the public hearing. Lowell E. Rodway, 1199 N. Terry, Space 260, owns 400 feet of property on Terry Street at West 11th Avenue. Mr. Rodway opposed the proposed improvements and said he doubted that they would benefit him as a property owner, but he anticipated that he would be assessed $25,000 to $30,000 for the project. He considered additional truck and heavy equipment traffic from e Spectra Physics responsible for the deterioration of Terry Street. Mr. Rodway expected that the project would block access to a recreational vehicle dealership on the corner of Terry Street and West 11th Avenue and would adversely impact its business (during construction). He also questioned the wisdom of undertaking projects that would attract more industry to the area until questions relating to wetlands and to whether development will be allowed have been answered. Chuck Missar spoke as Facilities Manager for Spectra Physics. He shared Mr. Rodway's concern about maintaining traffic flow during the improvement project construction. He believed the project would correct problems of storm drainage maintenance and a deteriorated, narrow street. Mr. Missar pointed out that several accidents have occurred at the intersection of West 11th Avenue and Terry Street. He also said that the present roadway (Terry Street) does not meet industrial standards. Finally, Mr. Missar observed that the availability of lottery funds presents a good opportunity to obtain funding for this needed project. Mr. Lyle said the City would work closely with property owners to stage construction with as little disruption as possible. Randy Prince, PO Box 927, referred to the Metro Plan's land use goal of encouraging alternate modes of transportation and requested that the spending of public funds for street improvements include planning to maintain alternate modes of transportation to work sites. e MINUTES--Eugene City Council September 11, 1989 Page 5 e There being no additional requests to speak, Mayor Miller closed the public hearing. Mr. Lyle responded that the proposed 46-foot width of the street improvement will include a bike lane on both sides (and is an identified bike facility on the Bicycle Master Plan). Sidewalks are proposed because this is a Special Light Industrial-zoned area. Lane Transit District is expected to review its service to the area to meet future demands as jobs are created. In response to inquiries from Mr. Boles, Mr. Lyle said a signal at 11th and Terry is not warranted at this time, but the intersection will be enhanced by the creation of refuge (turn pockets) into Terry Street off West 11th. A center turn lane on West 11th is being considered. Street lighting will be included in the project. Without the lottery grant, property owners would be assessed approximately $90 to $100 per front foot. Mr. Lyle stated that Terry Street eventually will be extended beyond Spectra Physics to the West Eugene Parkway. Mr. Lyle indicated Ms. Bascom was correct in her description of the project as one in which the City would share the cost of street improvements with the abutting property owners. Because the properties are zoned industrial, they are assessed at the equivalent of a 44-foot wide street, with the City picking up the cost of the additional two feet. Responding to Mr. Green's questions, Mr. Lyle said that all construction e costs will be assimilated, including administrative and staff costs, and then will be drawn down by the amount of the grant. The City and the property owners both will benefit through the grant. Mr. Lyle said that although property owners appreciate the fact that additional funds will reduce the costs of the improvement, they do not support it because they feel it is not necessary for their needs. Answering Mayor Miller's request for clarification, Mr. Lyle said Terry Street eventually will be a three-lane road (46-feet wide) extending to the West Eugene Parkway and then continuing north beyond Barger Drive. Mayor Miller asked whether the installation of traffic lights and turn lanes could be expedited to occur before major congestion or accidents demonstrate need. Mr. Lyle replied that staff is reviewing traffic distribution and the use of shortcuts to determine whether additional traffic flow should be anticipated. He pointed out that West 11th Avenue is presently a State facility and the City will continue to negotiate with the State for a traffic signal. Mayor Miller requested staff to review whether the project could be included in the State's Six-Year Highway Improvement Program. In response to Mr. Boles' further inquiries, Mr. Lyle observed that Terry Street intersects with Roosevelt Boulevard as a half street facility because the right-of-way limits are also the city limits. He continued by explaining that a 60-day time limit for accepting the lottery funds will expire soon. e MINUTES--Eugene City Council September 11, 1989 Page 6 e Ms. Bascom assumed that Bancroft opportunities exist for payment of the assessment. Mr. Lyle said the grant component will draw down the assessment approximately 50 percent and the loan component will be paid off through the Bancroft assessment of the improvement (ten years). Res. No. 4138--A resolution initiating Terry Street design and bidding and Amazon Channel Floodway Modifications design, acquisition, and bidding. Ms. Bascom moved, seconded by Mr. Rutan, to approve the minutes and findings from the Hearings Official and to adopt the resolution. Roll call vote; the motion carried unanimously, 8:0. v. RESOLUTION CONCERNING TESTIMONY AND FUNDING APPLICATIONS City Manager Mike Gleason introduced the item. Jody Mill er, Intergovernmental Relations Division, reported that the resolution was before the council as a recommendation from the City Council Legislative Committee. She noted a correction to Exhibit B, page 2, line 2, attached to the staff notes: the words "and attached hereto as Exhibit 1" should be deleted. Ms. Miller described the proposed changes as helping the City be more efficient, effective, and strategic in its funding requests. Those changes - relating to Federal testimony formalize practices already in effect. A resolution on policy regarding testimony to the State government was adopted in 1974. The Legislative Committee sets priorities and recommends positions and strategies to the full council. This resolution would add Federal testimony to that earlier resolution and would also add the approval of all funding applications to that process. Large funding applications would continue to come to the full council and all applications for funding to municipal corporations, the State, the Federal government, and private foundations also would require council approval. The Legislative Committee would continue in its role of balancing and developing a political, strategic plan. Ms. Schue commented that the resolution under consideration would create a mechanism to avoid conflict among departments and to maintain council control over the process. She said free speech by members of the council would not be hampered, but if they wished to speak before public bodies in a way that departed from a council-adopted City position, those comments would have to be presented as the individual's and not as representative of the council. Mr. Holmer commended the Legislative Committee for its finding that "it is the exclusive role of the City Council to set legislative policy for the City. II He considered it a reversal of that finding to allow the City Manager to determine whether the City of Eugene should speak on a legislative issue or apply for available funds (Section 6). He requested that this section be reworded to assign the authority to determine that need to the e MINUTES--Eugene City Council September 11, 1989 Page 7 e Mayor or Legislative Committee chair. He also suggested that in Sections 3, 4, and 6, the words "within seven days" should be added to the charge that "summaries of all testimony delivered under this section shall be provided to the council." Mayor Miller observed that issues concerning personnel or collective bargaining matters normally are not dealt with by the council. Mr. Gleason added that in circumstances in which the council has adopted policies and practices, and in which a deadline or schedule does not permit prior approval, Section 6 would allow the City Manager to speak on behalf of the City. He cited a recent example, during the council's recess, of making application for funding in conjunction with Lane County. The request was consistent with past practices and the matter will still be brought to the council for approval. He said that in these types of situations, the proposed resolution requires that any requests or testimony be consistent with council-authorized policy. Mr. Holmer questioned the need for Section 6 if Section 5 establishes an ability to speak without prior approval of the council as long as that absence of consideration and approval is declared. Ms. Schue disagreed, saying that the situations in the two sections differ, and that Section 5 addresses a situation in which no policy exists while Section 6 relates to issues on which there is a council policy and allows the manager to carry out the wishes of the council in situations in which those wishes cannot be expressly delivered by the elected officials. e Councilors discussed whether the resolution should be sent back to the Legislative Committee for further consideration. Mr. Rutan suggested that proposed changes be submitted to Ms. Miller for incorporation ,into an amended resolution. Mr. Holmer moved, seconded by Mr. Rutan, to postpone action on Resolution No. 4139 to Wednesday's City Council meeting. The motion carried unanimously, 8:0. VI. BALLOTING FOR INTERVIEWEES FOR DOWNTOWN COMMISSION VACANCY Anne Bennett recently submitted her resignation from the Downtown Commission, vacating a position to be filled by an individual with a pecuniary interest within the downtown boundary. Councilors cast ballots to determine the three applicants to be interviewed prior to the council's upcoming Quarterly Process Session. With Peter Bartel, Daphne Walwyn, and Richard Larson each receiving five votes, Brad Perkins receiving two, and Todd Amacher one, councilors agreed by consensus to interview Mr. Bartel, Ms. Walwyn, and Mr. Larson at 5 p.m. September 18, 1989. Mayor Miller requested more information regarding the feasibility of a traffic signal at West 11th Avenue and Terry Street. Ms. Ehrman added that - MINUTES--Eugene City Council September 11, 1989 Page 8 . matters can be expedited more easily when property owners are willing to help with the expense. The meeting adjourned at 8:45 p.m. to September 13, 1989. Respectfully submitted, MT:~ '~ - City Manager (Recorded by Mary Feldman) mncc 091189-730 e . MINUTES--Eugene City Council September 11, 1989 Page 9