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HomeMy WebLinkAbout05/28/1991 Meeting (2) e e e M I NUT E S Eugene City Council Council Chamber--Eugene City Hall May 28, 1991 7:30 p.m. COUNCILORS PRESENT: Roger Rutan, Shawn Boles, Ruth Bascom, Bobby Green, Paul Nicholson, Kaye Robinette, Randy MacDonald (after 7 :45 p.m.) COUNCILORS ABSENT: Debra Ehrman The adjourned meeting of May 13, 1991, of the Eugene City Council was called to order by His Honor Mayor Jeff Miller. Mayor Miller asked those testifying at the public hearings to limit their comments to three minutes to ensure that everyone has the opportunity to speak. I. CONSENT CALENDAR A. Approval of City Council Minutes of February 25, 1991, Dinner Work Session; March 4, 1991, Meeting; March 6, 1991, Lunch Work Ses- sion; April 8, 1991, Dinner Work Session; April 15, 1991, Dinner Work Session; and April 17, 1991, Lunch Work Session B. Segregation of Assessment for Property Located at 1355 North Park Avenue, Eugene, Oregon 97404 C. Approval of Findings and Recommendations of Hearings Official and Adoption of Resolution Forming a Local Improvement District for Paving, Storm Sewers, Traffic Signal, Curbs, Gutters, and Side- walks on Centennial Boulevard, from Autzen Stadium to Garden Way (Job No. 2693) Res. No. 4247--A resolution forming a local improvement dis- trict for paving, storm sewers, traffic signal, curbs, gutters, and sidewalks on Centennial Boulevard, from Autzen Stadium to Garden Way. Ms. Bascom asked that Item C be removed from the Consent Calendar for further discussion. MINUTES--Eugene City Council May 28, 1991 Page 1 e Mr. Rutan moved, seconded by Mr. Boles, to approve the items on the City Council Consent Calendar. Roll call vote; the motion carried unanimously, 6:0. Responding to a question from Ms. Bascom, les lyle, Public Works Department, said that widened sidewalks on both the north and south sides of Centennial Boulevard would be used for bike traffic in place of a bike lane. In addi- tion, plans are being made for a bike lane on leo Harris Parkway from Centen- nial Boulevard to the University of Oregon. Responding to another question from Ms. Bascom, Mr. Lyle said the construc- tion of a bike lane along the Water Garden corridor is a condition of devel- opment for Staff Jennings. Mr. Rutan moved, seconded by Mr. Boles, to approve Resolution 4247. Roll call vote; the motion carried unanimously, 6:0. II. PUBLIC HEARING: ANNEXATION/ZONE CHANGE (BERTORELLI AND TAIT) (AZ 91-2) Acting City Manager Linda Norris introduced the topic. Cathy Czerniak, Plan- ning and Development Department, briefly summarized the code criteria neces- sary for annexation and rezoning and said that the criteria would apply to both public hearings on the agenda. e Ms. Czerniak said the annexation and zone change requests have been initiated by the property owners. The properties are contiguous to the existing city limits. She said that the Planning Commission has recommended approval of the annexation with the inclusion of a 350-foot strip of right-of-way on River Road to ensure efficient service delivery. The Planning Commission has also approved the rezoning request with the attachment of site review crite- ria to address issues of compatibility with the surrounding area and access onto River Road. Mayor Miller opened the public hearing. Bruce Tait, 465 Hunsaker lane, identified himself as a property owner of one of the parcels under consideration and encouraged the council to approve the request. He said that his residential home is surrounded by commercial prop- erties and, subject to property redesignation, plans to develop his property for commercial uses. Tom Bertorelli, 219 Hunsaker lane, identified himself as a owner of Tax Lot 200 and asked the council to approve his annexation request so that he could develop his property. There being no additional requests to speak, the public hearing was closed. Res. No. 4248--A resolution furthering annexation to the city e MINUTES--Eugene City Council May 28, 1991 Page 2 e e e of Eugene and the lane County Metropolitan Service District for property located in the River Road area, along River Road, between Holeman Avenue and Briarcliff Avenue. (With- drawal from River Road Park and Recreation District and River Road Water District will be processed separately if the annexation is ap- proved.) Final Order AZ 91-2--A final order rezoning the properties from County RA/Ul to City C-2/SR. Mr. Rutan moved, seconded by Mr. Boles, to adopt the resolu- tion and final order. Roll call vote; the motion carried unanimously, 6:0. (Councilor MacDonald arrived at 7:45 p.m.) Mayor Miller announced that Councilor MacDonald would be bringing an issue before the council that was not on the agenda. Items III and IV were added to the agenda; subsequent agenda items were renumbered. III. RECONSIDERATION: BLUE WATER BOATS Mr. MacDonald indicated that the council's recent decision to deny Blue Water Boats request for an urban growth boundary amendment has been very divisive in the community and was perceived negatively by the Springfield elected officials. He said that he is disappointed by the community's reaction, but is willing to reconsider the council's position because the full council was not present when the decision was made. He said that he hopes an update of the Metro Plan will take place next year. Mr. MacDonald moved, seconded by Ms. Bascom, to reconsider the Eugene City Council's disapproval of Council Bill 4305. Mr. Boles noted that he was on the prevailing side with respect to this is- sue. He felt that the council would be doing a disservice to itself and citizens of the community by reconsidering this issue. In doing so, the council will convey the message that it is acceptable to purchase land out- side the urban growth boundary with the expectation that it will be annexed to the city and pointed out that there was adequate industrial land within the urban growth boundary to meet Blue Water Boats need for expansion at the time of property purchase. Mr. Nicholson agreed with Mr. Boles that the council should not reconsider its decision, noting that approval of the request would be inconsistent with the council's policies for compact and sequential growth. MINUTES--Eugene City Council May 28, 1991 Page 3 e e e Mayor Miller thanked Mr. MacDonald for reconsidering the final decision. He noted that while Councilor Ehrman is not present at this meeting, she has encouraged the council to consider the issue in her absence. Roll call vote; the motion carried, 5:2; with councilors Rutan, MacDonald, Bascom, Green, and Robinette voting in favor, and councilors Boles and Nicholson voting opposed. Mr. MacDonald said that while he moved to reconsider, he still believes that the council should not approve the request and would vote against the motion. Mr. Green stated that council approval of the request would be consistent with the Springfield City Council's action; the property in question lies within Springfield's city limits. He said that he shares concerns with the recent increase in the number of people who are purchasing property with the intent of requesting an urban growth boundary amendment and said that the council should take a hard look at this issue if it occurs within Eugene's city limits. Ms. Bascom said that her vote in favor of Blue Water Boats proposal supports the unanimous decision of the three Planning Commissions and said that it is arrogant for the council to suggest that the commissions do not respect the concept of compact urban growth. Mr. Boles emphasized that the boundary in question is set cooperatively by the three jurisdictions and does not belong to Springfield. He also pointed out that the planning commissions' decisions were not based on the same tes- timony that had been presented to the council, particularly with respect to the length of time that the water was needed for boat testing. He also pointed out that the City of Springfield was a co-applicant to the request, which might have affected the jurisdiction's partiality. Roll call vote; the motion carried, 4:3; with councilors Rutan, Bascom, Robinette, and Green voting in favor, and coun- cilors MacDonald, Nicholson, and Boles voting opposed. IV. RECONSIDERATION: GOOD NEIGHBOR CARE CENTERS Mr. Boles pointed out that the proposal for housing involves apprOXimately $16 million in economic development activities for the City of Springfield and asked whether councilors on the prevailing side of the issue wished to reconsider the council's request denial. Ms. Bascom indicated her willingness to reconsider the issue, noting that there may be some room for negotiation among the bodies on the Metropolitan Policy Commission (MPC). Mr. Green said that his primary concern with respect to this issue was the MINUTES--Eugene City Council May 28, 1991 Page 4 e inadequate buffer between the housing development and the nearby chemical plant. He would be willing to reconsider the issue, if his concerns could be addressed. Responding to a question from Mr. Green, Jan Childs, Planning Division Manag- er, said that regardless of the council's action this evening, the proposal would go before MPC with a summary of the discussion that took place when the joint elected officials took action on the matter. Mr. MacDonald said that the proposal is more likely to succeed at MPC if the council can offers conditional project support. Mr. Green moved, seconded by Mr. Boles, to reconsider the Eugene City Council's disapproval of Council Bill 4306. Responding to a request for clarification from Ms. Bascom, Bill Gary, City Attorney's Office, said that if the council wishes to go before MPC with conditional approval, it should discuss what modifications need to be made to the proposal to gain full council support. Roll call vote; the motion to reconsider Council Bill 4306 carried unanimously, 7:0. Mr. Green said that he hopes that the issue of an adequate buffer between the housing development and the chemical plant will be addressed more fully in the final proposal. ~ Mr. MacDonald said that he would like MPC to consider limiting the proposed commercial developments to those type of uses that serve the needs of that particular community. Mr. MacDonald urged the council to approve the request and pointed out that the property in question has been vacant for many years and is not appropriate for industrial land. Mr. Robinette asked that MPC discuss more fully the impact of this develop- ment on the school system. Ms. Bascom said that a letter the council received from the Lane Regional Air Pollution Authority (LRAPA) expressed strong concerns with the effect of the chemical plant on the health and safety of nearby residents. She asked that this issue be explored more fully at MPC. Responding to a question from Ms. Bascom, Ms. Childs said that MPC can recom- mend approval of the plan with modifications. However, if the final proposal is significantly different from the initial plan, it would be necessary to hold another public hearing on the specific changes. Ms. Bascom noted that Eugene Planning Commissioner John Van Landingham was skeptical that the property could meet all the necessary conditions placed on it and still be developed as affordable housing. She said she doubts that e MINUTES--Eugene City Council May 28, 1991 Page 5 e the council will be so enthusiastic about this proposal if it simply creates additional housing within the midst of an industrial environment, rather than its targeted goal of affordable housing development. Responding to a question from Mr. MacDonald, Ms. Childs said that Springfield could approve the proposal with the adoption of site review criteria. The site review criteria would not be adopted by the council because Eugene is not adopting zoning for the parcel. Any recommendations for zoning changes should be communicated through MPC. Roll call vote; the motion carried 5:2; with councilors Rutan, Boles, Green, MacDonald, and Robinette voting in favor; and councilors Nicholson and Bascom voting opposed. V. PUBLIC HEARING: ANNEXATION/ZONE CHANGE (DIVERS AND GREEN (91-3) Acting City Manager Linda Norris introduced the topic. Cathy Czerniak, Plan- ning and Development Department, gave the staff presentation. She noted that the annexation and zone change criteria summarized earlier apply to this annexation. The request involves two vacant tax lots located in the River Road area. The request was initiated by the property owners with the hope of developing the property for residential uses. The properties must be annexed prior to development and the extension of city services. Ms. Czerniak said that the Planning Commission recommended approval of the annexation and zone change request. e Mayor Miller opened the public hearing. There being no requests to speak, the public hearing was closed. Res. No. 4249--A resolution furthering annexation to the city of Eugene and the lane County Metropolitan Service District for property located in the River Road area, on Audel Avenue, west of lake Drive. (Withdrawal from River Road Park and Recreation District and River Road Water Dis- trict will be processed separately if the an- nexation is approved.) Final Order AZ 91-2--A final order rezoning the properties from County RA/UL to City R-1. Mr. Rutan moved, seconded by Mr. Boles, to adopt the resolu- tion and final order. Roll call vote; the motion carried unanimously, 7:0. VI. COMMUNITY DEVELOPMENT BLOCK GRANT THREE-YEAR PLAN (1992-95) AND 1991-92 ANNUAL STATEMENT OF OBJECTIVES e MINUTES--Eugene City Council May 28, 1991 Page 6 e Acting City Manager Linda Norris introduced the topic. Councilor Boles, City Council representative on the Community Development Committee (CDC), gave a brief presentation. He acknowledged the efforts of John Van Landingham, Planning Commissioner and CDC chair, and noted that this effort extended throughout the community. Mr. Boles highlighted CDC's decision to utilize Community Development Block Grant (CDGB) funds for capital improvements to non-profit agencies. Mr. Rutan moved, seconded by Mr. Boles, to approve the Three- Year Plan for use of $6,122,000 Community Development Block Grant funds in 1992-95. Mr. MacDonald echoed the appreciation expressed earlier by Mr. Boles for the efforts of Mr. Van Landingham and other citizens willing to participate in the process. He offered his full support of the decision to support non- profit capital expenditures and pointed out that this would provide long-term stability in the human services delivery system. Mr. MacDonald said that he is aware of the concern that has been raised by the public and members of the CDC regarding the process by which the Inter- governmental Human Service Committee (IHSC) allocates funds and hopes that this can be changed in the future. Mr. Green said that three-year planning is both timely and appropriate and allows the agencies involved to engage in long-range planning. ~ Responding to a Question from Mr. Green, Mr. Boles said that concern has been raised in the community about the expenditure of accessibility funds--in particular, that funds be expended in a way that recognizes the need of com- munity members who use the facility. In order to ensure that this takes place, the CDC has suggested that a group including representatives of both the Human Rights Commission Accessibility Subcommittee and the Disabilities Advisory Coalition make recommendations on accessibility projects. Ms. Bascom asked whether the Federal contribution to CnBG funds has been stable in the past. Mr. Van Landingham responded that while the CDC hopes that the Federal government will continue to fund this program at high lev- els, there are no guarantees. Mr. Boles pointed out that one of the major assumptions made in this proposal is that the Federal Government will contin- ue to support this plan as it has in the past. Ms. Bascom asked whether money has been budgeted in the plan for the purchase of affordable housing. In response, Mr. Van Landingham said that the plan budgets $169,000 in the first year for low-income housing development and $119,000 in years two and three. Ms. Bascom indicated her support that the County continue to contribute Road Funds to support affordable housing. Roll call vote; the motion carried unanimously, 7:0. e MINUTES--Eugene City Council May 28, 1991 Page 7 e e e Mr. Rutan moved, seconded by Mr. Boles, to approve the use of $2,084,000 Community Development Block Grants funds in 1991-92. Roll call vote; the motion carried unanimously, 7:0. VII. FY92 METROPOLITAN WASTEWATER COMMISSION (MWMC) BUDGET RATIFICATION Acting City Manager Linda Norris introduced the topic. Christine Andersen, Public Works Director, gave the staff presentation. She said that the three governing bodies making up the MWMC (Eugene, Springfield, and Lane County) need to ratify the proposed MWMC budget prior to the start of the FY92. She said that Councilor Rutan has participated in the rate-setting process this year as Eugene's representative councilor on MWMC. Ms. Andersen said that the City has contracted with the Lane Council of Governments (L-COG) to con- duct a rate stability analysis. The results have been included in the pack- et, along with regional rate information. Mr. Robinette asked for additional information on equipment replacement re- serve. In response, Ms. Andersen said that the EPA requires that equipment replacement funds be provided for the facility for the next 20 years. Beyond that time, any facility maintenance would be considered a capital project not covered under the rate structure. If the plant lasts beyond 20 years, MWMC presumes that those users paying for debt retirement on the existing facility would be gone and a new bond measure would be presented to the voters. Responding to a question from Mr. Boles, Ms. Andersen said that there is currently an equipment replacement reserve component in the rate calcula- tions; however, she noted that MWMC will be considering a comprehensive equipment replacement funding strategy in the coming months. Mr. Boles observed that the $5 million in surplus revenues which were re- turned to users through rate subsidies ultimately resulted in steep rate increases. Should a similar circumstance occur in the future, he wondered whether the committee might consider making the rate transition more gradual. Mr. Rutan responded that it was a one-time policy decision to handle the surplus money in that manner and said that it is unlikely that such a situa- tion yielding surplus would occur in the future. Ms. Andersen explained further that when the rate structure was first established, policy makers took into account emergency start-up costs as well as operation costs. Sur- plus revenues resulted because these emergency funds were not needed. Responding to a question from Mr. MacDonald, Ms. Andersen said that the final rate structure will be adopted by the City Manager by Administrative Order and would not come before the council for approval. Mr. Rutan moved, seconded by Mr. Boles, to approve the FY92 Metropolitan Wastewater Commission Budget. In response to a question from Ms. Bascom, Ms. Andersen explained that the City is having difficulties with the drainage of the seasonal industrial MINUTES--Eugene City Council May 28, 1991 Page 8 e wastewater at the Agripac facility and would be investigating ways to correct the problem either through the installation of drainage tile facilities or the acquisition or lease of additional property to irrigate. Mr. MacDonald said that he supports the proposed budget, but is disappointed that MWMC did not implement a more gradual rate increase. He said that it is unfortunate that the MWMC rate increase will occur simultaneously with addi- tional Federal water quality requirements; the issues combined will impact rate setting but are not otherwise related. Responding to a request for clarification from Mr. MacDonald, Ms. Andersen acknowledged that it is difficult to make rate comparisons statewide because of differences in the types of sewer services provided. Mr. Rutan pointed out that members of MWMC discussed in detail the issues of equipment reserves and how to soften the impact of the rate increase. He said that he is confident that the facility is being managed efficiently and believes that the budget adequately balances the financial burden of indus- trial and residential users. He hopes that when the plant needs to be re- placed, it will require totally new technology. Ms. Bascom asked how the transition to flow-based rates has affected the utility's income stream. In response, Ms. Andersen said that the transition to flow-based rates made it more difficult to establish rates and to predict revenue streams. Both these issues were discussed in L-COG's rate-stability analysis. e VIII. APPOINTMENT: CONSIDERATION OF MAYOR MILLER'S NOMINATION TO THE SOLID WASTE AND RECYCLING BOARD Acting City Manager Linda Norris introduced the topic. Mr. Rutan moved, seconded by Mr. Boles, to appoint Robert Warren to complete the unexpired term of June Fisher ending December 31, 1992. Mr. Boles commended Mayor Miller for this appointment. Mr. MacDonald echoed Mr. Boles comments, noting that Robert Warren will bring an important per- spective from his work at the Federal level. Roll call vote; the motion carried unanimously, 7:0. The meeting adjourned at 9 p.m. e MINUTES--Eugene City Council May 28, 1991 Page 9 e e e (Recorded by Traci Northman) mncc 052891-730 MINUTES--Eugene City Council May 28, 1991 Page 10