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HomeMy WebLinkAbout02/27/1991 Meeting e e e M I NUT E S Eugene City Council McNutt Room--City Hall February 27, 1991 11:30 a.m. COUNCILORS PRESENT: Shawn Boles, Ruth Bascom, Randy MacDonald, Bobby Green, Kaye Robinette, Paul Nicholson, Debra Ehrman. COUNCILORS ABSENT: Roger Rutan. The adjourned meeting of February 25, 1991, of the Eugene City Council was called to order by His Honor Mayor Jeff Miller. I. ITEMS FROM THE CITY COUNCIL, MAYOR, AND CITY MANAGER A. Bicycle Commission Work Plan Mr. Green requested feedback about the activities council recently added to the alternative modes of transportation strategies. B. Lane Regional Air Pollution Authority (LRAPA) Budget Committee Ms. Ehrman reported that LRAPA has an opening on its Budget Committee and suggested that a lay member of Eugene's Budget Committee might be a good candidate. She asked that Eugene Budget Committee members be informed of this opening in their next agenda packet. C. Family Shelter Dedication Ms. Bascom reported that the dedication ceremony for six new units of the family shelter was well-attended. She commented that this was an extremely successful interjurisdictional effort toward an important social goal. II. WORK SESSION: DOWNTOWN DESIGN PROJECT Bill Gary, City Attorney's Office, gave the staff presentation. He noted that since the council last reviewed this issue, the ordinance has been fur- ther"modified to respond to concerns raised by staff and representatives of the Save the Mall Committee. The goal of this process is to present to the voters a single question that allows voters to approve or not approve the downtown design plan in concept, including the possibility of opening streets MINUTES--Eugene City Council February 27, 1991 Page 1 to traffic. If the ordinance is approved by the voters, it is the City's ~ intention to implement the plan as consistent with the design as possible. Mr. Gary said that the ordinance does four things: 1) approves the Downtown Design Committee's summary report; 2) authorizes traffic on the downtown mall; 3) amends certain sections of the Eugene Code as needed; and 4) allows the City Council to adopt a phasing plan for the design. Mr. Gary reminded the council that if the charter amendment measure is approved by the voters, additional traffic on the downtown mall would be prohibited without prior voter approval. This ordinance as it is currently crafted satisfies the intent of the charter amendment. Responding to concerns raised during the public hearing, Mr. Gary said that the ordinance does not contain information about financing because the meth- ods and amount of financing have not been determined. Also, the council is legally authorized to approve a method of financing without voter authoriza- tion. Mr. Gary acknowledged the importance of communicating this information to the voters; this information could be conveyed through a significant pub- lic information campaign. ~ Mr. Gary said that the resolution to be approved by the council places this measure on the May ballot. The findings contained in the resolution outline in a complete manner the process which has been followed to date on the is- sue. He suggested that Section 2 of the resolution be amended to direct the City Attorney to prepare a ballot title consistent with the Eugene Code. Mr. Gary said that Ordinance Attachment B consists of comprehensive plan consistency findings. If the ordinance constitutes a land use decision, counsel is satisfied that the findings are consistent with the Metro Plan and any applicable refinement plans. Counsel also feels that the ordinance is consistent with the policies of the TransPlan. However, if the plan is ap- proved, the TransPlan should be amended to include these projects. Responding to a question from Ms. Ehrman, Mr. Gary said that if the ordinance was found to be inconsistent with the Metro Plan and it was determined that it constituted a major plan amendment, all three jurisdictions would have to amend the Metro Plan. Mr. MacDonald questioned the use of the word "shall" versus "should" in the ballot question. If voter approval is obtained on the plan, he asked whether the City would be ultimately obligated to implement the plan by use of the word "shall." Mr. Gary responded that such wording would not obligate the City to act, but would allow that plan to be phased in. However, if the council is interested, Section 2 of the Ordinance can be amended to state that "upon plan approval, the City may redesign/reconstruct the downtown mall and any such design and reconstruction shall be done in a manner substantial- ly consistent with Exhibit A." Mr. Nicholson said that he shares Mr. MacDonald's concerns. He also remarked that plan approval by the council with an implicit agreement to identify some funding source violates the spirit and commitment of the strategic financial e MINUTES--Eugene City Council February 27, 1991 Page 2 e planning process. He also suggested that the resolution findings be amended to reflect the council's intent to consider plan implementation as a part of its upcoming strategic financial process. The council discussed the following additional amendments to the resolution findings: A. Finding B Ms. Ehrman suggested that the first sentence be deleted, because it seems to indicate that the City's impetus in undertaking mall redesign was to respond to the retail problems downtown. The council agreed that the first sentence of this finding should be deleted. Mr. Nicholson also felt that the last sentence of this finding which states that all stores downtown have reported a declining volume of sales is untrue and should be deleted. Sufficient council support did not exist to take action on this suggestion. B. Finding D Mr. MacDonald voiced concern that the wording of this item exaggerates the current impoverished condition of the mall and suggested that the wording be moderated. Council consensus was to modify the wording to reflect that "cer- tain parts of the mall" are in an impoverished state. e C. Finding I Ms. Ehrman suggested that this finding be eliminated entirely. Mayor Miller felt that a portion of this finding should be retained to commu- nicate that the retail mall concept for downtown is no longer working. D. Finding K Mr. MacDonald commented that some wording in this finding is subjective and should be deleted. Specifically, he raised concern with the sentence which refers to the recent opening of several "new, interesting shops" downtown. The council agreed to remove the word "interesting" from this finding. E. Finding L Regarding the number of survey respondents, Mr. MacDonald said that 7 percent is an insignificant number and should not be enumerated in the findings. The council discussed this issue but agreed that since this figure is accu- rate and valid, it should be retained. e MINUTES--Eugene City Council February 27, 1991 Page 3 e e e F. Finding R Mr. MacDonald pointed out that becauseThe Register-Guard questionnaire re- ferred to in this finding was not administered in a random manner, its re- sults are less meaningful. He suggested eliminating any specific reference to this survey in the findings. Mr. Nicholson supported this concern. Jan Bohman, Planning and Development Department, said that the resblution findings for the library measure set a precedent for including results of a similar type of questionnaire. Ms. Ehrman noted that including this informa- tion demonstrates that the council took some sampling of public opinion; perhaps the council should explain that the questionnaire was demonstrated in a nonscientific manner. After discussion, the council agreed to modify Finding R to reflect that this was a nonscientific questionnaire published in the local newspaper. G. Finding S Mr. MacDonald said that the findings do not reflect that the Planning Commis- sion and the Downtown Commission's support for the design was based on the criteria those groups had available to them for evaluation. Mr. Boles said that this is implicit in plan approval. important component of the commissions' discussion was downtown redesign was only one component of the Retail comprehensive strategy for downtown redesign. The council agreed that Finding S should separate and reflect as accurately as possible the actions that the Planning Commission and Downtown Commission took with respect to this plan. He also noted that an the understanding that Task Force's more H. Other Issues Mr. Nicholson commented that the findings callout specific components of the Retail Task Force's report. Noting that he does not agree with certain parts of the plan, he suggested that the council eliminate any reference to specif- ic aspects of that report other than downtown redesign. Mr. MacDonald said that he hopes that all four components of the plan would be mentioned in the public information sessions and that it would be indicat- ed that they provide a comprehensive approach to downtown redesign. After discussion, the council agreed that the findings should be modified to speak about the comprehensive strategy to downtown revitalization as present- ed in the Retail Task Force plan. Ms. Ehrman voiced concern with including the park linkage component as part of the downtown design because this property is not owned by the City and the owner has indicated that he is not interested in negotiation for sale of the MINUTES--Eugene City Council February 27, 1991 Page 4 e property. The voters are not being presented with a plan that the council cannot deliver. e Mr. Boles suggested that it might be indicated in the park linkage component of the plan, that the council intends to implement this plan component with all tools available short of using eminent domain. Ms. Bascom indicated her strong interest and support for this aspect of the plan. Speaking on behalf of the Downtown Design Committee, Al Johnson indicated that the committee supported this plan element as one component of the down- town redesign plan and was well aware of the potential uncertainty associated with property acquisition. However, it was not necessarily the committee's wish to proceed with condemnation. Responding to a question, Mr. Gary said that the City's ability to condemn the property is implied, if not explicitly stated otherwise. Mr. Gleason noted that property ownership could change in the future or the property owner may change his mind with respect to property' usage. He advised the council not to give up its right for property condemnation. Mr. Gary also cautioned the council that waiving the City's right to property condemnation in the ordinance contractually obligates the City not to use the condemnation tool under any circumstances for that property in the future. After lengthy discussion, the council agreed that a new finding be worded to state that "the downtown design plan includes a component for linking East Broadway to the Park Blocks. The property involved in this component is not now in public ownership and this may affect implementation of this component of the plan." It also agreed that it would be an ongoing policy to acquire this property through negotiation. CB 4281--An ordinance concerning the downtown mall; amending Sections 4.870, 4.872, and 4.876 of the Eugene Code, 1971; repealing Ordinance 15907; adopting a conceptu- al design for downtown mall redesign and reconstruc- tion and providing for elector approval of vehicular traffic on certain downtown streets; and declaring an effective date. Mr. Boles moved, seconded by Ms. Ehrman, 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 this time. Roll call vote; the motion carried unanimously, 7:0. Council Bill 4281 was read the second time by number only. Mr. Boles moved, seconded by Ms. Ehrman, that the bill be approved and given final passage. Roll call vote; all coun- e MINUTES--Eugene City Council February 27, 1991 Page 5 e cilors present voting aye, the bill was declared passed (and became Ordinance 19749). Mr. Boles moved, seconded by Ms. Ehrman, to reconsider final passage of Council Bill 4281. Roll call vote; the motion carried unanimously, 7:0. Mr. Boles moved, seconded by Ms. Ehrman, to amend Section 2, Page 2, of Council Bill 4281 to reflect that the City "may redesign and reconstruct the downtown mall and that such re- construction and redesign may only be done in a manner consis- tent with Exhibit A." Roll call vote; the motion carried unanimously, 7:0. e Mr. Boles moved, seconded by Ms. Ehrman, that the bill be approved and given final passage as amended. Roll call vote; with all councilors present voting aye, the bill was declared passed (and became Ordinance 19749)~ Responding to questions from Ms. Ehrman, Mr. Gary said that representatives of the Save the Mall Committee will likely be involved further in the process of crafting ballot information in order to address any concerns they may have and avoid a ballot title challenge. Res. No. 4232--A resolution of the City of Eugene, Lane Coun- ty, Oregon, calling a special election to refer to the voters of the city, Ordi- nance 19749 concerning a conceptual design for downtown mall redesign and and reconstruction and providing for elector approval of vehicular traffic on certain downtown streets. Mr. Boles moved, seconded by Ms. Ehrman, to adopt the resolu- tion. Mr. Boles moved, seconded by Ms. Ehrman, to amend the resolu- tion findings as previously discussed. Roll call vote; the amendment carried unanimously, 7:0. Mr. Boles moved, seconded by Ms. Ehrman, to amend Section 2 of the resolution directing the City Attorney to prepare a ballot title consistent with the Eugene Code. Roll call vote; the motion carried unanimously, 7:0. Ms. Ehrman commented on the change in public opinion which has taken place on this issue since the issue of opening the mall to vehicular traffic was -first raised; she hopes that the community supports this conceptual design. e MINUTES--Eugene City Council February 27, 1991 Page 6 e Mr. MacDonald said that he supports the downtown redesign plan as one compo- nent of a more comprehensive strategy to revitalize downtown. All public information regarding this plan should be free from normative statements. Mr. Nicholson offered support for placing this plan before the voters and emphasized the importance of considering its funding as a part of a compre- hensive strategic financial planning process. Roll call vote; the motion carried unanimously, 7:~. Mr. Boles moved, seconded by Ms. Ehrman, to direct the City Manager not to prepare a voter's pamphlet for this measure. Roll call vote; the motion carried unanimously, 7:0. III. BUSINESS ASSISTANCE TEAM (BAT) SEMIANNUAL REPORT Lew Bowers, Planning and Development Department, briefly reported on the activities of the BATe am and the state of business development in Eugene. He noted that a comprehensive activity report is included in the council's agen- da packet. e Mr. Bowers noted that since its creation, a major goal of the BATeam has been to promote community-wide diversification and job creation by assisting with business start-up, retention, expansion, and recruitment. Consistent with these efforts, the community's attempts to move away from a reliance on the wood products industry has been largely successful. However, this diversifi- cation strategy has not been without problems, namely a decline in the per- capita family income and an increase in the unemployment rate. This concern is even more significant in light of an apparent recession. Mr. Bowers said that the BATeam coordinates its efforts with a number of local community groups, including the Metro Partnership, Eugene-Springfield Chamber of Commerce, Southern Willamette Private Industry Council (SWPIC), Lane Community College, and the Business Assistance Network. Mr. Bowers said that BATeam activities can be divided into three major cate- gories. Financial assistance, the first category, involves the Business Development Fund. The goal of the fund is to create jobs for low- and moder- ate-income residents. Efforts toward financial assistance also include a variety of other development financing mechanisms targeted at financial sup- port for downtown objectives. Responding to a question from Mr. Green, Mr. Bowers said that consistent with City bidding practices, the City does attempt to patronize those businesses that are involved in BATeam activities. Mr. MacDonald noted that it is his understanding that most loans leverage private support and asked about the average interest rate on these loans. In response, Mr. Bowers estimated that money is loaned at an average rate of 6 percent. e MINUTES--Eugene City Council February 27, 1991 Page 7 e e e In response to a question from Mr. Nicholson, Mr. Bowers said that as a loan criterion, the City does not become involved in business assistance loans unless it can be demonstrated that the development cannot be financed pri- vately. Mr. Bowers said that the second category of activities in which the BATeam is involved is business technical assistance. Since the creation of the BATeam, the number of business contacts has increased steadily. The BATeam assists in start-up counseling, regulatory assistance, managing the the Enterprise Zone (a state tax-exemption program), and providing siting assistance to businesses. Mr. Boles noted that he was involved recently in a review of the activities of the Metro Partnership. He noted that it is not always clear where the responsibilities for business assistance lie with respect to each jurisdic- tion and suggested that it might be in the City's interest to evaluate this issue at the Metro Partnership level to better assign these jurisdictional responsibilities to prevent any overlap. Mr. Bowers said that the third major activity of the BATeam involves economic data gathering and publications. For instance, the BATeam is responsible for publishing the Guide to Opening a Business and the NETMA newletter. The BATeam also assists businesses in preparing customized economic reports. Mr. Bowers underscored the value of this activity, noting that a community that understands itself from an economic point of view is at a competitive advantage over other areas. Mr. Bowers provided an overview of current BATeam activities, including: 1) the reinstatement of the BATvisors, a group of private sector volunteers that aid with business consulting; 2) the Retention Expansion Action Program (REAP); and 3) the exploration of the new requirements set forth by revisions to the Community Reinvestment Act (CRA). Mr. MacDonald said that many of the businesses in the area are not aware of BATe am assistance and suggested that both the City and local businesses would benefit reciprocally from networking efforts. Mr. Boles said that the CRA will provide the City with a good opportunity to define its credit needs and to work with the lending and investment communi- ties to help meet those needs. The council should encourage staff to contin- ue crafting policy to support this. Responding to a question from Mr. Green, Mr. Bowers said that as a result of the CRA, the City is exploring possible new relationships with the banking community. By providing the financial community with a better sense of com- munity-wide needs and priorities, it is the City's hope that financial insti- tutions will be more willing and able to become involved in community rein- vestment. If the council is interested, staff will put together a work plan outlining how a community credit needs analysis might be undertaken and, in turn, identify some type of implementation strategy. MINUTES--Eugene City Council February 27, 1991 Page 8 e e - Mr. Gleason said that the risk inherent in dealing with community regulations seems to be a major deterrent to business start-ups. BATe am assistance has proven its worth in reducing this risk by clarifying the regulatory rules and relationships that exist within the community. Mr. Gleason noted that Agenda Item IV (a report on Solid Waste and Recycling) would have to be postponed due to lack of time. The meeting adjourned at 1:40 p.m. Respectfully submitted, !~~1f~ Micheal Gleason City Manager (Recorded by Traci Northman) mncc 022791-1130 MINUTES--Eugene City Council February 27, 1991 Page 9