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HomeMy WebLinkAbout09/09/1991 Meeting (2) e M I NUT E S Eugene City Council Council Chamber--Eugene City Hall September 9, 1991 7:30 p.m. .' '.. . . . ." COUNCILORS PRESENT: Shawn Boles, Ruth Bascom, Debra Ehrman, Bobby Green, Randy MacDonald, Paul Nicholson, Kaye Robinette COUNCILORS ABSENT: Roger Rutan .Theregular meeting of.September 9,.1991, of the Eugene City.Council.was .' called to order by His Honor Mayor Jeff Miller. I. PUBLIC FORUM Robert Nordahl, 1609 McKinley Street, voiced concern with the City allowing Jiggles Tavern to display an American flag outside of its establishment. He said that copies of a letter from himself addressing the issue have been sent to the City's Public Service Officer. Specifically, he is concerned that the e presence of a flag outside of the tavern legitimizes the business and con- tributes to the degeneration of societal values. William E. Eaton, 2311 Willamette Street, expressed concern about the money that the City has planned to spend on marketing the validated parking pro- gram. Referring to an article in The Register-Guard, he said that the City did not give all candidates a fair opportunity to respond to the Request For Proposal (RFP) for program marketing and felt that some City employees used subversive techniques to prevent citizens from attending the RFP interviews. II. CONSENT CALENDAR A. Approval of City Council Minutes of May 28, 1991, Dinner Work Session; May 28, 1991, Meeting; June 12, 1991, Lunch Work Session; June 24, 1991, Meeting; June 26, 1991, Lunch Work Session; July 8, 1991, Dinner Work Session; July 8, 1991, Meeting; July 22, 1991, Dinner Work Session; July 22, 1991, Meeting; July 24, 1991, Lunch Work Session; and July 31, 1991, Lunch Work Session. B. Call for Public Hearing: University of Oregon Alley Vacation Request (AV 91-2) e MINUTES--Eugene City Council September 9, 1991 Page 1 - -- ---- ----- . Mr. .Boles moved, seconded by Ms. Ehrman, to approve the items on the City Council consent calendar. Roll call vote; the motion carried unanimously, 7:0. III. PUBLIC HEARING: METROPOLITAN POLICY COMMITTEE RECOMMENDATIONS FOR AMENDMENTS TO THE METROPOLITAN AREA GENERAL PLAN FOR GOOD NEIGHBOR CARE CENTERS, INC. City Manager Mike Gleason introduced the topic. Jan Childs, Planning and Development Department, gave the staff presentation. She explained that the ordinance amends the Metropolitan Area General Plan diagram to allow Good Neighbor Care Centers, Inc., to develop the parcel as affordable housing. She provided a brief history of the issue reminding the council that because the Joint Elected Officials took differing actions on this request, the re- quest was referred to the Metropolitan Policy Committee (MPC) for conflict resolution. MPC has agreed on amendments to the plan and has referred these modifications to the three jurisdictions for further action. Ms. Childs said that the purpose of this hearing is to take testimony specifically on the modifications recommended by MPC, including: 1) an increase in the size of the light-medium industrial buffer, 2) a reduction in the size of commercial- ly designated area from 12 acres to 5 acres, and 3} a redesignation of the balance of the property to medium-density residential. The City of Spring- field and Lane County have already approve~ these recommended diagram amend- ments. . . e Mayor Miller opened the public hearing. Al Johnson, 767 Willamette Street, testified in favor of the revised Good Neighbor Care Center, Inc., proposal. In an effort to address some addition- al concerns which were raised by the various jurisdictions, but which were not included in MPC's final recommendation, he said that the Springfield Planning Commission has agreed to. immediately initiate the refinement plan- ning process. In addition, Good Ne.ighbor Care Centers, Inc., has reaffirmed its commitment to develop the property as affordable housing and has agreed that if it cannot develop the property in such a manner, property zoning will revert to industrial use. To provide additional assurances of this, the applicant, Dan Dessler, has recorded a covenant in which he agrees not to apply for development permits until February 2, 1992, or until the refinement planning process has been completed (whichever is sooner). Mr. Johnson noted that the buffer has been expanded substantially and is similar to other buff- er zones abutting similarly zoned properties. Mike Farthing, PO Box 1147, representing Nestee Resins and the Southern Pa- cific Transportation Company, spoke in opposition to the Metro Plan diagram amendments. He said that this is a poor planning decision which has been politically motivated. He voiced concern that changing the zoning designa- tion of the land would destroy one of the few remaining large industrial sites in Springfield and said that the property zoning would be in conflict with the Mid-Springfield Refinement Plan. e MINUTES--Eugene City Council September 9, 1991 Page 2 . There being no additional requests to speak, the public hearing was closed. . . . . Mr. MacDonald asked if the covenant would be legally binding. In response, Bill Gary, City Attorney's Office, said that the covenant would be legally enforceable to the same extent as a contract. The covenant could be over- turned only if it could be proven that the covenant was contrary to public policy as reflected in the Metro Plan, the planning document that governs land use decisions within the county. Mr. Boles asked for additional information about whether the plan designation was in conflict with the Mid-Springfield Refinement Plan. In response, Ms. Childs said that it is stated in the Metro Plan amendment policy that if a conflict exists between the Metro Plan and a refinement plan, the refinement plan would need to be amended. Therefore, while the Metro Plan diagram amendments under consideration are in conflict with the Mid-Springfield Re- finement Plan, the Metro Plan has precedence. Mr. Boles asked whether the Mid-Springfield Refinement Plan should be amended prior to approving these changes. Mr. Johnson said that he and Mr. Farthing have a difference of opinion on whether the .Mid-Springfield Refinement Plan has precedence' over the Metro Pl.an. Resporiding to questions from Ms. Ehrman and Mr. Boles, Mr. Johnson explained that the Mi~-Springfield Refinement Plan, which has been in effect for three or four years, implements a portion of the Metro Plan. The Metro Plan clearly stipulates that when a conflict exists between the Metro Plan and a refinement plan, the Metro Plan has prec- edence. It is his opinion that once the Metro Plan has been changed, the e refinement plan should be changed to bring it into conformance with the Metro Plan. Mr. Farthing disagreed with Mr. Johnson's interpretation. He said that the Metro Plan text talking about siting of medium-density residential land and industrial land in Springfield is inconsistent with the Mid-Springfield Re- finement Plan. He argued that the function of refinement plans is to stipu- late in greater detail the type of land use which should occur in a given area. Proceeding in the manner proposed by Mr. Johnson, neuters the refine- ment planning process. Mr. Gary said that Metro Plan language clearly states that it has control over inconsistencies with the refinement plan. Mr. Farthing's argument rais- es a policy question, but would not prohibit the council from amending the Metro Plan and then subsequently bringing the refinement plan into confor- mance. Responding to a question from Mr. Nicholson, Ms. Childs said that the plan- ning commissions from the three jurisdictions have not taken a position on MPC's recommended modifications. In response to a question from Mr. Boles, Ms. Childs said that the amendments to the Mid-Springfield Refinement Plan reflect both the plan diagram and text amendments needed. - MINUTES--Eugene City Council September 9, 1991 Page 3 e CB 4326--An ordinance amending the Eugene-Springfield Metro- politan Area General Plan Diagram to redesignate a 53-acre site identified as Map 17-02-31, Tax Lots 300 and 700 from light-Medium and Heavy Industrial land use to a combination of Medium-Density Residential, light-Medium Industrial, and commercial land uses. 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. Ms. Ehrman said that although she originally voted to deny the Metro Plan amendment, she believes that MPC's recommended modifications will make the plan acceptable. She agreed that Mr. Farthing's concern about the refinement plan process is valid; normally, local officials allow persons who have a vested interest in an area to make decisions about particular land use. However, land use pattern changes sometime dictate the need to make refine- ments by local officials. She acknowledged that the desire of Springfield's officials for this project has influenced its ultimate acceptance. The plan provides an opportunity to make use of property which has been vacant for a long period of time and becaus~ of the need for affordable housing, she will support the amended proposal. Ms. Bascom said that this is a reasonable compromise and indicated that she would be supporting the amended proposal. e Mr. Boles said that he shares Mr. Farthing's concern about the planning pro- cess. The joint jurisdictions should be pursuing a comprehensive Metro Plan update, rather than continuing to:make ad hoc planning decisions. Roll call vote; the motion carried unanimously, 7:0. Council Bill 4326 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- cilors present voting aye, the bill was declared passed (and became Ordinance 19795). Mayor Miller recognized and welcomed Boy Scout of America Troop 79 in atten- dance at the council meeting. IV. PUBLIC HEARING: ORDINANCE CONCERNING A STREET VACATION (CITY OF EUGENE: RICHARDSON BRIDGE HOUSING PROJECT) (SV 91-1) City Manager Mike Gleason introduced the topic. Jerry Jacobson, Planning and Development Department, gave the staff presentation. This vacation request involves 12th Avenue between Buck Street and Acorn Park Street. The street was created as a part of a subdivision years ago and remains undeveloped. e MINUTES--Eugene City Council September 9, 1991 Page 4 ---- -- ------ - ----- e The City acquired the property several years ago and placed it in the land bank program for housing. The street vacation must occur before the Lane County Housing Authority can proceed with its plans to develop the site as a 31-unit housing project for low-income families. Mayor Miller opened the public hearing. Gary Henry, 1432 Buck Street, identified himself as a property owner who lives near the proposed development and spoke against the proposal. He voiced concern that the development would add additional traffic and popula- tion on an already overburdened area. He indicated that neighborhood notifi- cation of the proposed development was unsatisfactory and said that he be- lieves most of the property owners in the area are opposed to the project. There being no additional requests to speak, the public hearing was closed. Mr. Boles asked about the notification process that was followed for the project. In response, Mr. Jacobson said that the request was processed as a cluster subdivision in which notification is extended to property owners-and occupants within a lOa-foot radius of the development. He added that the Lane County .Housing Authority went door-to-door in the immediate area to notify residents about the proposed development and renotification was pro- vided after the decision was made; no appeal of the decision was made. Mr. Jacobson added that notification was also provided to the neighborhood organ- izations; no response was made. It Ms. Bascom said that results from the HACSA interviews were positive once the information was presented about the types of services to be available. She hoped that this project would serve as a favorable model for future low-in- come housing development. Mr. Jacobson noted that the project would take access from Acorn Park Street, not Buck Street. A series of traffic bollards on Buck Street will prevent all vehicles, except emergency vehicles, from taking access to that site from Buck Street. CB 4327--An ordinance vacating 12th Avenue between Buck Street and Acorn Park Street, more particularly described as: all of 12th Avenue west as dedicated in the replat or Blocks 2, 4, and 5 of Acorn Park, as platted and recorded in Book 20, page 23, Lane County Oregon Plan Records, said 12th Avenue being 50 feet in width, runs from the west line of Acorn Park Street to the east line of Buck Street, all in Eu- gene, Lane County, Oregon. 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. e MINUTES--Eugene City Council September 9, 1991 Page 5 .' . e Council Bill 4327 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- cilors present voting aye, the bill was declared passed (and became Ordinance 19796). V. PUBLIC HEARING: INDUSTRIAL LAND REPLACEMENT METROPOLITAN AREA GENERAL PLAN AMENDMENT (MA 89-3) City Manager Mike Gleason introduced the topic. Gary Chenkin, Planning and Development Department, gave the staff report. He noted that the council began discussing short-term partial solutions to the loss of industrial land in the west Eugene area in January 1989. The council has already redesignated two sites to light-medium industrial to offset the loss of in- dustrial lands due to wetlands. He noted that redesignation of this site, north of Chad Street, was postponed at the owner's request. The owner is now ready to proceed. This redesignation is incompliance with the draft ~i1lakenzie Area Plan. Responding t~ a .question from Mr. MacDonald, Mr. Chenkin said that the Eugene Planning Commission originally advised that land redesignation should take place within the context of the Industrial Lands Study. Because the council was not willing to wait for the completed Industrial Lands Study, the commis- e sion agreed to proceed in this manner as an interim solution. Ms. Childs added that staff hopes that the elected officials will be in a position to take action on the Industrial Lands Study in January 1992. Mayor~~i11er opened the public hearing. - Jim Saul, PO Box 1650, representing Breeden Brothers, testified in favor of the ordinance. He said that the property owners support land redesignation and support the amendment. He noted that further review of several issues in the draft Industrial Lands Study recently discussed at the Planning Commis- sion level do not affect this property. There being no additional requests to speak, the public hearing was closed. CB 4328--An ordinance amending the Eugene-Springfield Metro- politan Area General Plan for a 53-acre site north of Chad Street and east of Coburg Road. 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. e MINUTES--Eugene City Council September 9, 1991 Page 6 ----- ----.- e Mr. MacDonald observed that given the amount of time it took to/~~mplete property redesignation, it might have been prudent to wait for th~.lndustrial lands Replacement Study. He voiced concern that the decision to proceed immediately with land redesignation was a hurried reaction to the wetlands. redefinition and likely should not have been initiated. Roll call vote; the motion carried unanimously, 7:0. Council Bill 4328 was read the second time by number only. Mr. Boles moved, seconded by Ms. Ehrman, that the bill be approved and given final passage. Mr. Boles commented that proceeding with land redesignation outside of a comprehensive Metro Plan update is poor planning. He said that the council acted in response to special interests and he urged the council to vote against the ordinance. Mayor Miller noted that the decisipn to proceed in this manner was driven by the desire to make sure that there was an adequate base for industrial devel- opment in light of uncertainties surrounding wetlands. Ms. Ehrman said that she believes land redesignation is appropriate. Roll call vote; in a 5:2 decision, with councilors Boles and Nicholson voting against, the bill was declared passed (and e became Ordinance 19797). VI. ORDINANCE CONCERNING THE SELECTION OF MUNICIPAL COURT JURORS . . City Manager Mike Gleason introduced the topic. Charlene Wallis, Municipal Court, reported that this ordinance is a housekeeping proposal to define the sources used to create the yearly jury list for Municipal Court. Currently, ..7 .' the court is required to follow the State law governing Justice Courts which says that it will use a list from the Department of Motor Vehicles (DMV) and the Voters Registration list. The DMV has advised the City that it is impos- sible to run the list limited to City of Eugene residents only, therefore this list can not be used. Staff proposes that the list for jury selection be taken from the voter registration list and the tax roll. Mr. MacDonald noted that the DMV list was included in an effort to broaden the selection base so that people would not have a disincentive to register to vote. He asked whether consideration was given to other possible tools of selection. In response, Ms. Wallis said that no alternative selection tools exist at this time which are considered acceptable by State law. Responding to a question, Mr. Gleason said that reprogramming the DMV list to make it work in the City would be very difficult and not worth the effort. e MINUTES--Eugene City Council September 9, 1991 Page 7 - -------- e Mr. Nicholson said he is concerned that the City not create a disinGentive to vote. He suggested that the City find a way to include in the selection process those persons who do not vote. Mr. MacDonald commented that in 1989, the Legislature passed SBI062 and ap- proved legislation funding that bill in the last session. As a result, peo- ple who seek an identification card or change vehicle registration, directly or indirectly, will be asked if they want to register to vote. To the degree that this increases the voter registration, it will also increase the base of juror selection. Ms. Ehrman commented that using the DMV list gives a broader jury selection. She cautioned that by eliminating the DMV list, the City would be limiting the types of people it gets as jurors. In response to a question from Mr. Nicholson, Mr. Gary said that the City is required by State statute to use the voter registration list. The City would likely be prohibited by State law from excusing persons who had voted within the last several elections from jury duty and advised the council against eliminating persons who are conscientious citizens. Mr. Boles said that he is not interested in selecting jurors from persons who have not registered to vote. Mr. Nicholson suggested that perhaps jurors should be paid for their servic- es. e CB 4329--An ordinance concerning selection of Municipal Court jurors; amending Section 2.790 of the Eugene Code, 1971, and declaring an emergency. 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 4329 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; in a 5:2 decision, with councilors Boles and Nicholson voting against, the bill was declared passed (and became Ordinance 19798). Mr. Gary noted that because Council Bill 4329, regarding selection of Munici- pal Court Jurors, did not receive six affirmative votes, the emergency clause was not enacted. e MINUTES--Eugene City Council September 9, 1991 Page 8 e VII. FIRST READING: AN ORDINANCE REGARDING MCI FRANCHISE City Manager Mike Gleason introduced the topic. Tony Mounts, Finance Divi- sion, gave the staff report. He said that the City of Eugene and MCI have been negotiating terms for a franchise which would allow MCI to utilize a portion of the City of Eugene public way for the construction of a fiber optic link between Sacramento and Seattle. The proposed ordinance establish- es a franchise for laying a single cable within the public way. The fran- chise calls for the payment of a specified amount, similar to the AT&T fran- chise rate, paid in one lump sum for a period of 15 years. CB 4330--An ordinance granting to MCI Telecommunications Corpo- ration the nonexclusive privilege to use the public way to construct and maintain public communications facilities within the city of Eugene. Responding to a question from Ms. Bascom, Mr. Mounts reiterated that the method that the City has chosen to calculate the compensation rate was pat- terned after AT&T's franchise agreement. AT&T pays a higher amount because it uses the right-of-way on a more extensive basis. MCI has negotiated with Burlington Northern and Southern Pacific Railroads for right-of-way through most of the City. Mr. MacDonald observed that the amount of compensation actually paid to the City will be insignificant because of the amount of right-of-way used. e Mr. Boles noted that under this franchise agreement, right-of-way is being sold at a very low rate. He suggested that the council reconsider its method for calculating franchise fees at a future work session and said that he does not support a IS-year franchise agreement. Mr. Gleason agreed that it might be valuable to reevaluate the City's method of negotiating franchise agreements. However, the City needs to establish a fair methodology that is justifiable in order to avoid lawsuits. He noted that the City has calculated what the expenses are in the right-of-way. This formula was used to calculate AT&T's rates in 1986; the cost formula has not been recalculated since that time. Mr. Mounts said that the franchise agree- ment requires AT&T to be responsible for any maintenance needed within the right-of-way caused by that line. Mr. Green supported Mr. Boles suggestion to hold a work session on this is- sue. He asked how the rates proposed for this franchise compare to rates charged by other municipalities. In response, Mr. Mounts said that the $1 per lineal foot is comparable to what other municipalities are charging AT&T. Mr. Boles suggested that the cost base be adjusted, at a minimum, for infla- tion between 1986 and the present. In response to a question from Mr. Boles, Mr. Mounts said that the City does not have an existing franchise with MCI. e MINUTES--Eugene City Council September 9, 1991 Page 9 . Responding to a question from Mr. Nicholson, Mr. Gary said that while the City does not have to enter into a franchise agreement, the law stipulates that it may not unreasonably withhold the public right-of-way. If the City was to refuse to negotiate an agreement, it would risk an anti-trust lawsuit. In response to a question from Mayor Miller, Mr. Gleason said that, tradi- tionally, companies build franchise fees into the rate structure. Mr. MacDonald said that he is interested in discussing this issue at acoun-. cil work session. However, the council must be realistic about what it can accomplish. The council reached consensus on the need to hold a work session on this issue in the future. VIII. FIRST READING: AN ORDINANCE RENEWING RAILROAD FRANCHISE City Manager Mike Gleason introduced the topic. Tony Mounts, Finance Divi- sion, said that the City's franchise agreement with Burlington Northern Rail- road Company expired' in 1987. Since that time, the City has. been without a formal agreement regarding the rights and responsibilities for use of the public way. The proposed ordinance establishes a new franchise agreement with the railroad. Significant changes to the old agreement include changes in the extent of right-of-way used by the railroad, the addition of indemni- fication language to protect the City in the event of property damage caused e by the railroad or a third party, and a change in compensation from a percentage-of-gross-revenues basis to a flat fee. Mr. MacDonald noted that the staff notes, in the council agenda packet on this issue, indicate that the final quarter mile of trackage down 5th Avenue was removed from the public way since the last contract amendment was adopted in 1977. He noted that track often poses a safety hazard to bicycles and asked whether the track had been removed completely. Mr. Gleason agreed to investigate whether the track has been removed by Burlington Northern Rail- road. Mr. Boles noted that there is a potential risk associated with the presence of traffic on the public right-of-way at railroad crossings and questioned whether the risk has been factored in to the cost or whether the City assumes that an accident will never occur. Responding to a question from Mr. Nicholson, Mr. Mounts said that the City receives no compensation from Southern Pacific Railroad. This agreement with Burlington Northern is establishing a precedent for charging railroads fran- chise fees; it is expected that next time the discussion occurs with Southern Pacific the City will look toward compensation. Mr. Nicholson said that the City should establish the precedent with a higher fee and suggested that the fees be tied to a more functional factor, such as a fee for the length of time that the crossings are blocked. e MINUTES--Eugene City Council September 9, 1991 Page 10 e Mr. Gleason said that there is a legitimat~ public safety question with Southern Pacific Railroad. The City might choose to annex the land on which the railroad resides and dedicate the money to public safety costs. Staff would be willing to look at a variety of possible mechanisms for compensa- tion. He cautioned that this could be a heavily disputed issue. CB 433I--An ordinance granting to the Burlington Northern Railroad Company, a Delaware corporation, its successors and assigns, the franchise to maintain its railway tracks over certain streets in the city of Eugene, and to operate trains and cars thereover, and to transport passengers, freight, mail, baggage, and express thereon, and to maintain its present poles and wires over certain streets in the city of Eugene, Oregon. IX. RESOLUTION CONCERNING STATE SYSTEM OF TAXATION City Manager Mike Gleason introduced the topic. Mayor Miller said that coun- cil is being asked to consider formally a reaffirmation of existing policy with respect to State financing, given that discussions are now ongoing con- cerning the development of a proposal to restructure the State's system of taxation in order to address the effects of State Ballot Measure 5. In re- sponse to concerns raised by Councilor Robinette, Mayor Miller suggested that paragraph 3 of the resolution be deleted because it is redundant and carries e an unnecessary negative connotation. Mr. Green said that while he personally supports the resolution, he voiced concern that local citizens might not agree that it is reflective of local policy and might not support the council taking a position on the issue. He reminded the council of citizens' reaction to the Desert Storm Resolution passed in the early part of the year. Mr. MacDonald said that this resolution is distinctly different from the Desert Storm Resolution in that the predominant citizen concern expressed with regard to the Desert Storm Resolution concerned the question of local jurisdiction. Responding to a question from Mr. MacDonald, Mr. Robinette said that he did not support paragraph 3 and does not want to prejudge what the council mayor may not support with respect to a revised taxation system until it has seen the measure. Ms. Ehrman observed that paragraph 3 would represent an amplification of existing policy and should not be included in the resolution. Res. No. 4268--A resolution declaring the City of Eugene's support for proposals to restructure the system of taxation used by the State of Oregon so as to maintain adequate State services and provide e MINUTES--Eugene City Council September 9, 1991 Page 11 sufficient funding for Oregon's schools, with- ~ out eliminating or restricting any existing options and mechanisms available to local gov- ernments to finance local programs and servic- es. Mr. Boles moved, seconded by Ms. Ehrman, to adopt the resolu- tion, as presented, with the deletion of paragraph 3. Roll call vote; the motion carried unanimously, 7:0. The meeting adjourned at 9:15 p.m. ~~~.e... .u~..~ ~., /'".. .../ ~ (. ......>r../.:>:.j;- ". ------ Micheal Gleason- City Manager (Recorded by Traci Northman) mncc 090991-730 e e MINUTES--Eugene City Council September 9, 1991 Page 12