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HomeMy WebLinkAbout11/04/1991 Meeting (2) e M I NUT E S Eugene City Council Council Chamber November 4, 1991 7:30 p.m. COUNCILORS PRESENT: Roger Rutan, Shawn Boles, Kaye Robinette, Ruth Bascom, Paul Nicholson, Bobby Green, Randy MacDonald. COUNCILOR ABSENT: Debra Ehrman. The regular meeting of November 4, 1991, of the Eugene City Council was called to order by His Honor Mayor Miller. I. PUBLIC FORUM Sandy Reed, 85139 Appletree Drive, with the assistance of Mayor Miller, pre- sented American flags, purchased with donations, to the following representa- tives from the local armed forces reserve units and the Oregon National Guard: 1) Sergeant Kyle Pace, Air Force; 2) Command Sergeant Major William Rammey, Army; 3) Captain John D. Fairgrieve, Marine Corps; Lieutenant Com- e mander Jim Monaham, Navy; and 5) Captain Mark Jungvirt, Oregon National Guard. Ms. Reed thanked Mayor Miller and the council for allowing her to present the flags during the council meeting. On a similar note, she ex- pressed concern about the removal of her American flags at the airport. She said staff from the Airport indicated that a majority of Eugene's population did not want an American flag to be displayed in the airport. Ms. Reed said she would abide by the majority's wishes, if it is representative of the population, and retract her request to have both a City-purchased American Flag and Oregon state flag displayed in the airport. II. PUBLIC HEARING: INDUSTRIAL CORRIDOR COMMUNITY ORGANIZATION (ICCO) CHARTER City Manager Mike Gleason introduced the topic. Christine Donahue, Planning and Development, gave the staff presentation. She reviewed the background material included in the council packets and said that the resolution would provide the ICCO with limited recognition as an official City of Eugene neighborhood organization. Limited recognition, a policy adopted by the council in 1987 and renewed in 1990, gives official recognition to community organizations outside the city limits. The ICCO is located north of the city in the Highway 99 area and is therefore eligible for limited recognition. Mayor Miller opened the public hearing. e MINUTES--Eugene City Council November 4, 1991 Page 1 e Gail Overgard, ICCO President, explained that the ICCO is primarily an organ- ization of businesses in the northwest Eugene area. He said that 33 percent of the area is vacant, of which 22 percent is currently under development. He said the ICCO was looking forward to working with the City and the other community organizations. There being no other requests to speak, the public hearing was closed. Res. No. 4279--A resolution approving and accepting the Industrial Corridor Community Organization (ICCO) Charter for limited recognition. Mr. Rutan moved, seconded by Mr. Boles, to adopt the resolu- tion. Mr. Boles encouraged the council to vote against the motion. He supported the ICCO's application for limited recognition, but wanted to make sure that its charter was compatible with council policy. He said he would offer a substitute motion to forward the application to the Neighborhood Leaders Council (NLC) and have it work with the ICeO-elected officials to resolve the issues raised by the City Attorney in the memo included in the council pack- et. Mr. Nicholson concurred. Responding to questions, Ms. Donahue said the Iceo's charter was almost iden- tical to the West Eugene Community Organization's (WECO) charter adopted in April by the council. She said that the City Attorney's memo included in the e council packets was a shorter version of the memo submitted in April regard- ing concerns about the WECO's charter. She said the Model Charter adopted by the council does not allow for voting by proxy. She said that voting-by-mail and telephone meetings have occurred periodically, usually because of time constraints. She added that all neighborhood organization charters designate each group's meeting schedule and that there are groups that have only one or two general meetings a year in addition to monthly executive committee meet- ings. Mr. Gleason said that Section 2 of the resolution addresses transitional recognition of the area designated in the ICeO's charter if it becomes an- nexed to the city. Mr. Rutan expressed concerns about further delaying action on the IeeO's application. He said the IeeO has a broad representation and has made con- siderable efforts to gather participation of all the interests in its area. Responding to a question from Mr. Green, Ms. Donahue said the ICeO received recognition by Lane County in 1988. She said the Ieeo has not participated in City of Eugene neighborhood activities, but has been added to the neigh- borhood organization mailing list. Mr. Robinette supported the application. He pointed out that the charter required that notice of all meetings be given to the entire membership. e MINUTES--Eugene City Council November 4, 1991 Page 2 ~-~ e Mr. Boles reiterated his concerns about the charter. He felt it important to be clear about how the City deals with a lobbying-oriented, property owners association. Roll call vote; the motion failed 4:3, with councilors Nicholson, Green, Boles, and MacDonald voting against and councilors Rutan, Robinette, and Bascom voting in favor. Mr. Boles moved, seconded by Mr. Nicholson, to refer the In- dustrial Corridor Community Organization's application for limited recognition to the Neighborhood Leaders Council and ask the NLC to report back to the council, and that considera- tion of the resolution be postponed to a later date. Mr. Green moved, seconded by Ms. Bascom, to have the NLC re- port back to the council December 2. Mr. Rutan expressed concern about the council not adopting a charter that was almost identical to an already council-adopted charter. He also expressed concern about the short time frame that the council was giving the NLC to review the ICCO's charter. Mayor Miller concurred. Mr. Riddle, ICCO member, estimated that the ICCO would not want to continue seeking limited recognition under the circumstances. He said that the ICCO has been meeting for two years. He respectfully questioned what the City has to offer the ICCO. e Mr. Boles said the ICCO was fundamentally different from other neighborhood organizations. He felt that the ICCO's application provided an opportunity for the council to be clear about how it would relate to similar organiza- tions as the ICCO in the future. Responding to Mr. Riddle's question, Mr. Boles said the City has a lot to offer, including participation in the Neigh- borhood Leaders Council. Roll call vote; the amendment failed 4:3, with councilors Nicholson, Rutan, Robinette, and Bascom voting against and councilors Boles, MacDonald and Green voting in favor. Roll call vote; Mr. Boles' motion failed 4:3, with councilors Green, Rutan, Robinette, and Bascom voting against and coun- cilors Nicholson, Boles and MacDonald voting in favor. Mr. Nicholson moved, seconded by Mr. Robinette, to reconsider the main motion. Roll call vote; the motion passed 5:2, with councilors Nicholson, Green, Robinette, Rutan, and Bascom voting in favor and councilors Boles and MacDonald voting against. Responding to questions, Ms. Donahue said the Model Charter has been adopted by resolution by the council. She said the differences between the Model Charter and the ICCO's charter were outlined in the City Attorney's memo. e MINUTES--Eugene City Council November 4, 1991 Page 3 e Responding to a question from Ms. Bascom, Ms. Donahue said the NLC has been in existence since approximately 1977. She said the NlC has been consistent- ly strong and active since she has been working in the Neighborhood Program. Mr. Nicholson moved, seconded by Mr. Rutan, to amend the reso- lution to add a provision that would direct the Neighborhood leaders Council (NlC) to conduct a study of the Model Charter and recommend any changes, and to have in the future a process whereby all new neighborhood charters applications for recog- nition and revisions of existing charter would be reviewed by the NLC before they came to the council. Roll call vote; the motion passed 5:2, with councilors Nicholson, Green, Rutan, Robinette, and Bascom voting in favor and councilors Boles and MacDonald voting against. Mr. Boles asked for a follow-up on the number of times the ICCO participates in the NLC; whether the ICCO board changes; and whether the ICCO engages in community organization activities. Roll call vote; Mr. Nicholson's motion passed 4:3, with coun- cilors Nicholson, Rutan, Robinette, and Bascom voting in favor and councilors Green, Boles, and MacDonald voting against. III. PUBLIC HEARING: ADOPTION OF THE DRAFT EUGENE-SPRINGFIELD -- COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS) (EXHIBIT A) AND RECOMMENDATIONS FOR AMENDMENTS TO THE DRAFT CHAS DOCUMENT (EXHIBIT B) City Manger Mike Gleason introduced the item. Richie Weinman, Planning and Development, gave the staff presentation. The CHAS is a requirement for a variety of Federal emergency and affordable housing programs that includes the Community Development Block Grant (CDBG) program, as well as the newly authorized HOME program. The document was prepared as a joint effort between Eugene and Springfield, so that the two cities together would be eligible to become an entitlement community under the new HOME program. He said the Springfield City Council was also scheduled to hold a public hearing on the document that night. He explained that the public process for the document had a short time frame in order to meet Federal guidelines. The goal is to submit a final draft by November 15, in order to be eligible for Federal funding as early as possible in 1992. In two years, the CHAS will be updated to incorporate the 1990 census. Mayor Miller opened the public hearing. Patrick Dodd, 2015 West 17th Avenue, indicated that the homeless whom he has visited at Armitage Park were not supportive of the document. Mr. Dodd de- scribed feelings of anger felt by an increasing number of people on the streets. He asked that compassion be considered as the plan is implemented. e MINUTES--Eugene City Council November 4, 1991 Page 4 e Wayne Semancik, 1039 Broadway Boulevard, noted that he has been homeless for two out of the three years in which he has lived in Eugene. He expressed concern about the Camping Ordinance and being cited for selling his self-made jewelry on the streets. He expressed concern about the cards being distrib- uted in the university area soliciting donations for the Eugene Mission. He commented that the Homeless Task Force Report was a waste of taxpayers' mon- ey. John Hubbird, 3290 Harris Street, identified himself as a member of the Neighborhood Economic Development Corporation (NEDCO). He concurred with previous testimony. Mr. Hubbird explained that NEDCO has traditionally been a neighborhood-based organization that has advocated for housing solutions. One of its earliest projects that continues to operate today includes a 22-unit scattered-site housing cooperative in the Whiteaker neighborhood that is owned by the low-income tenants. He said the organization administers a leased-owned home ownership program for low-income families. He expressed positive comments about the overall process in which the CHAS was developed. In conclusion, he hoped that the City would continue to find creative solu- tions to empower people to have have a stake in their housing. Carole E. Bruhl, 708 West 4th Avenue, was neither for nor against the docu- ment. She hoped that the people who are most affected by the document will be involved in the process to develop the next draft. She described feelings of anger and retribution expressed by some homeless citizens, including Viet- nam veterans. e Mary Birmingham, 2015 West 17th Avenue, said that the phrase, "dignity first," has been used a lot recently by the homeless community. She said that the homeless community wants support, shelter, transitional housing, and low-income housing, but that they want their dignity first. She said that feelings of anger held by people was a result of a violation of their digni- ty. She said there are positive elements in the CHAS but felt that it lacked immediate solutions. She objected to public funds being given to the Eugene Mission. She said there needs to be a place where the homeless can stay without being cited or having to worry about crime. Kevin Hayden, 996 West 4th Avenue, identified himself as a member of the Homeless Action Coalition. He commented on specific sections of the CHAS. He acknowledged the work of elected officials trying to solve homeless issues and blamed the business community for not recognizing its responsibility in this matter. Tim Laue, 25 West 34th Avenue, spoke in favor of the CHAS. He pointed out that much of the CHAS was developed from a 1988 study, conducted by the City and Lane County, which was never implemented. Bob W. Reuschlein, 956-1/2 West 4th Avenue, noted that he ran for a Lane County Commissioner seat in 1980. He described the transition of one of his campaign volunteers from being an advertising executive, with a family and home, to becoming homeless. He said he would like to help the homeless and asked for assistance to do so. e MINUTES--Eugene City Council November 4, 1991 Page 5 e There being no other requests to speak, the public hearing was closed. Mr. Gleason clarified that the Eugene Mission does not receive public funds. Res. No. 4280--A resolution approving the 1992 Eugene-Springfield Comprehensive Housing Affordability Strategy (CHAS) for submission to the Federal Department of Housing and Urban Development. Mr. Rutan moved, seconded by Mr. Boles, to adopt the resolu- tion. Mr. MacDonald sympathized with the concerns expressed about lack of compas- sion. He said that over recent years, the City has lost a tremendous amount of Federal funding for housing. He saw the CHAS as a first step in returning Federal funding to the local community. He clarified that the Eugene Mission was mentioned in the document only as part of the inventory of shelter re- sources in the community. Ms. Bascom said said that the council was committed to implement the docu- ment. She said comments about improved outreach were well taken. Mr. Boles said that constraints the City was working under were set by the Federal government and that the citizen involvement process would be expanded e in the future. He asked staff for a follow-up on the cards being distributed in the university area. Mayor Miller said the council's job was not finished and that it was frus- trating to work with decreasing funds for real needs in the community. He said the council and staff were committed to finding solutions so that every citizen can live with the his/her dignity. Roll call vote; the motion passed unanimously, 7:0. The council took a break and reconvened at 9:35 p.m. IV. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING FOR THE MCNAlL-RILEY HOUSE City Manager Mike Gleason introduced the topic. Linda Dawson, Planning and Development Department, presented the staff report. This item would allocate an additional $25,000 in unprogrammed CDBG funds to be used with the $60,000 currently allocated to rehabilitate the McNail-Riley House into a neighbor- hood center. This would finalizes the funding needed to complete the reha- bilitation of this structure. e MINUTES--Eugene City Council November 4, 1991 Page 6 e Responding to questions, Ms. Dawson said the Community Development Committee held a public hearing on the project and that the $25,000 was part of the $85,000 total allocated for the overall project. Mr. Rutan moved, seconded by Mr. Boles, to approve the use of an additional $25,000 in unprogrammed Community Development Block Grant Funds to rehabilitate the McNai1-Ri1ey House into a neighborhood center. Roll call vote; the motion passed unanimously, 7:0. V. FINDINGS AND RECOMMENDATIONS OF HEARINGS OFFICIAL/ORDINANCES LEVYING ASSESSMENTS FOR CONTRACTS 89-12, 90-33, AND 90-26 City Manager Mike Gleason introduced the topic and said that staff was present to answer questions. Mr. Rutan moved, seconded by Mr. Boles, to approve the Hear- ings Official's findings and recommendations of October 23, 1991 (Contracts 89-12, 90-33, and 90-26). Roll call vote; the motion passed unanimously, 7:0. CB 4335--An ordinance levying assessments for paving, storm and sanitary sewers, and traffic signals in West 11th Avenue from Bailey Hill Road east 850 feet and in Bailey Hill Road north 400 feet (Contract 89-12), and e declaring an emergency. Mr. Rutan moved, seconded by Mr. Boles, 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 passed unanimously, 7:0. Council Bill 4335 was read the second time by council bill number only. Mr. Rutan moved, seconded by Mr. Boles, that the bill be ap- proved and given final passage. Roll call vote; the motion passed unanimously, 7:0, and became Ordinance 19803. CB 4336--An ordinance levying assessments for alley paving, between Olive Street and Charnel ton Street, from 14th Avenue to 15th Avenue (Contract 90-33), and declaring an emergency. Mr. Rutan moved, seconded by Mr. Boles, 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 passed unanimously, 7:0. - MINUTES--Eugene City Council November 4, 1991 Page 7 . Council Bill 4336 was read the second time by council bill number only. Mr. Rutan moved, seconded by Mr. Boles, that the bill be ap- proved and given final passage. Roll call vote; the motion passed unanimously, 7:0, and became Ordinance 19804. CB 4337--An ordinance levying assessments for paving, storm sewer, and street lighting on Terry Street from West 11th Avenue to 1,500 feet north (Contract 90-26), and declaring an emergency. Mr. Rutan moved, seconded by Mr. Boles, 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 passed unanimously, 7:0. Council Bill 4337 was read the second time by council bill number only. Mr. Rutan moved, seconded by Mr. Boles, that the bill be ap- proved and given final passage. Roll call vote; the motion passed unanimously, 7:0, and became Ordinance 19805. VI. FINDINGS AND RECOMMENDATIONS OF HEARINGS OFFICIAL AND ORDINANCE AMENDING THE ASSESSMENT ROLL ATTACHED TO ORDINANCE 19757 (CONTRACT e 91-1102) City Manager Mike Gleason introduced the topic and said that staff was present to answer questions. Mr. Rutan moved, seconded by Mr. Boles, to approve the Hear- ings Official's findings and recommendations of October 23, 1991 (Contract 91-1102). Roll call vote; the motion passed unanimously, 7:0. CB 4338--An ordinance levying assessments for sanitary sewers in the River Road area for basins "A," "8," and "CHi amending the assessment roll attached to Ordinance 19757; and declaring an emergency. Mr. Rutan moved, seconded by Mr. Boles, 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 passed unanimously, 7:0. Council Bill 4338 was read the second time by council bill number only. e MINUTES--Eugene City Council November 4, 1991 Page 8 e Mr. Rutan moved, seconded by Mr. Boles, that the bill be ap- proved and given final passage. Roll call vote; the motion passed unanimously, 7:0, and became Ordinance 19806. VII. MINUTES, FINDINGS, AND RECOMMENDATIONS OF HEARINGS OFFICIAL AND ORDINANCE LEVYING ASSESSMENTS FOR SHERATON DRIVE (CONTRACT 90-16) City Manager Mike Gleason introduced the topic and said that staff was present to answer questions. Mr. Rutan moved, seconded by Mr. Boles, to approve the Hear- ings Official's minutes, findings, and recommendations of October 23, 1991, (Contract 90-16). Roll call vote; the mo- tion passed unanimously, 7:0. CB 4339--An ordinance levying assessments for paving and storm and sanitary sewers on Sheraton Drive from Chateau Meadow Drive 1,700 feet north; and declaring an emer- gency. Mr. Rutan moved, seconded by Mr. Boles, 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 passed unanimously, 7:0. e Council Bill 4339 was read the second time by council bill number only. Mr. Rutan moved, seconded by Mr. Boles, that the bill be ap- proved and given final passage. Responding to a question from Mr. MacDonald, Les Lyle, Public Works Engineer- ing, said the Hearings Official supported staff's evaluation of the most effective way to assess the improvement with regard to concern about the fire hydrant. Roll call vote; the motion passed unanimously, 7:0, and became Ordinance 19807. VIII. LOW-INCOME SUBSIDY PROGRAM City Manager Mike Gleason introduced the topic. Les Lyle, Public Works Engi- neering, gave the staff presentation. He called attention to the Item 6 of the background information and summarized the two options for the council to consider. Staff recommends that Alternative I be selected, since funding is 1imited. CB 4340--An ordinance concerning low-income subsidy program e MINUTES--Eugene City Council November 4, 1991 Page 9 e for local street improvement assessments, including Alternative I; amending Section 7.175 of the Eugene Code, 1971; and declaring an emergency. Mr. Rutan moved, seconded by Mr. Boles, 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 passed unanimously, 7:0. Council Bill 4340 was read the second time by council bill number only. Mr. Rutan moved, seconded by Mr. Boles, that the bill be ap- proved and given final passage. Roll call vote; the motion passed unanimously, 7:0, and became Ordinance 19808. Res. No. 4281--A resolution adopting a Street Subsidy Program Council Policy Guide. Mr. Rutan moved, seconded by Mr. Boles, to adopt the resolu- tion. Roll call vote; the motion passed unanimously, 7:0. IX. ORDINANCE AUTHORIZING THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN FOR ACQUISITION OF PROPERTY SOUTH OF AIRPORT ROAD e City Manager Mike Gleason introduced the topic and said staff was present to answer questions. CB 4341--An ordinance authorizing the institution of proceed- ings in eminent domain for the acquisition of condem- nation of property interests south of Airport Road for airport purposes (Drake property); and declaring an emergency. Mr. Rutan moved, seconded by Mr. Boles, 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. Responding to questions, Mr. Lyle said the land acquisition was to allow the City to secure the clear zone area required for the proposed parallel runway in the Airport Master Plan. He said the property owner has expressed inter- est in working with staff to negotiate the sale of his property. Mr. Lyle said that, at this point, there are no plans for construction. Mike Boggs, Airport Division, added that this was being taken out of master plan se- quence. The master plan calls for the construction of the parallel runway at a later date. He said that the land acquisition was being addressed due to the hardship condition. He said there was no funding for construction of the parallel runway. He said the property is currently zoned Agriculture and partly lies within the airport reserve area. The property owner feels that e MINUTES--Eugene City Council November 4, 1991 Page 10 e the property has a higher value than the assessed market value. Mr. Boggs said the funds for purchasing the property would come from Airport Reserve funds and would be reimbursed with Federal funding at a later date. Referring to concern expressed earlier, Mr. MacDonald said this was a case which illustrated the City's willingness to work with property owners. Responding to a question from Mr. Nicholson, Mr. Boggs said staff believes that the difference between what the owner wants for the property and the current market value is so significant that it would not likely be resolved in negotiations. Despite this, the property owner has expressed interest to pursue negotiations for the sale of his property. City Attorney Bill Gary explained that if the council approved the ordinance, the City could purchase the property, irrespective of the will of the proper- ty owner. The proceedings provide a mechanism whereby a disagreement about price could be resolved through obtaining appraisals and, ultimately, if necessary, by a court proceeding whereby a jury would determine the fair market value. If the City and the property owner ultimately come to an agreement, then each side would bear the cost of their own appraisals. If the matter goes to court, the City would be required to make an offer in writing prior to a jury's decision. If the jury's verdict exceeds the City's last offer in writing made 30 days before trial, the City would be required to pay for the property owner's costs of attorney fees and appraisals; if the City's offer is lower than the jury's verdict, the property owner would bear his costs. e Mr. Boles did not support approving land acquisition for a project that had no funding for it. Mr. Boggs said the parallel runway was needed to handle airport operations capacity. Roll call vote; the motion passed unanimously, 7:0. Council Bill 4341 was read the second time by council bill number only. Mr. Rutan moved, seconded by Mr. Boles, that the bill be ap- proved and given final passage. Roll call vote; the motion passed 5:2, with councilors councilors Green, Rutan, Robinette, Bascom, and MacDonald voting in favor and council- ors Nicholson and Boles voting against, and became Ordinance 19809. City Attorney Bill Gary said that, based on the council's vote, the emergency clause would not take effect and the ordinance would not be effective until 30 days after the Mayor's signature. e MINUTES--Eugene City Council November 4, 1991 Page 11 ----------- e x. ORDINANCE AUTHORIZING ACQUISITION OF STREET RIGHTS-OF-WAY ON BOGART LANE AND BAILEY LANE FROM WILLAKENZIE ROAD TO LUELLA STREET FOR THE PURPOSE OF CONSTRUCTION OF STREET IMPROVEMENTS City Manager Mike Gleason introduced the topic. CB 4342--An ordinance authorizing the institution of proceed- ings in eminent domain for the acquisition of proper- ty interests along Bogart Lane and Bailey Lane from Willakenzie Road to Luella Street, for the purpose of construction of street improvements, and declaring an emergency. Mr. Rutan moved, seconded by Mr. Boles, 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 passed unanimously, 7:0. Council Bill 4342 was read the second time by council bill number only. Mr. Rutan moved, seconded by Mr. Boles, that the bill be ap- proved and given final passage. Roll call vote; the motion passed 6:1, with councilor Nicholson voting nay, and became Ordinance 19810. e The meeting adjourned at 10 p.m. (Recorded by David Straub) mncc 110491-730 e MINUTES--Eugene City Council November 4, 1991 Page 12