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HomeMy WebLinkAbout06/24/1992 Meeting e M I NUT E S Eugene City Council McNutt Room--Eugene City Hall June 24, 1992 11:30 a.m. COUNCILORS PRESENT: Shawn Boles, Bobby Green, Ruth Bascom, Debra Ehrman, Paul Nicholson, Kaye Robinette, Roger Rutan. COUNCILORS ABSENT: Randy MacDonald. The adjourned meeting of June 22, 1992, of the Eugene City Council was called to order by His Honor Mayor Jeff Miller. The council decided to forego Item I, except for the issue of fireworks in the south hi 11 s. 1. ITEMS FROM THE MAYOR, CITY COUNCIL, AND CITY MANAGER A. Fireworks in the South Hills e At Mr. Robinette's request, staff drafted two versions of an ordinance to control the use of fireworks in the south hills area given the increased threat of fire due to the unseasonably dry weather. City Manager Gleason explained that he authorized the use of staff time for this project after hearing concerns from the Mayor and two councilors. Responding to a question from Mr. Nicholson, City Attorney Bill Gary said that the problem with banning the sale of fireworks is that permits have been issued for the sale of fireworks for this year. Most of those permits are issued to charitable organizations and a ban at this point would likely lead to a lawsuit. City Attorney Bill Gary presented two draft ordinance options. Option 1 bans the use of fireworks inside the city of Eugene. Enforcement problems are addressed by saying that the penalty for violation of the ban is legal lia- bility for any damage caused. Mr. Gary said this is enforceable by a private lawsuit whose property is damaged or in a fire suppression suit by the City against the individual to recover the cost of suppressing a fire. Option 2 states that the use of fireworks within the city limits is declared to be an inherently dangerous activity. This option also holds the individual respon- sible for any damage by creating a private cause of action to enforce that liability. Both of the options hold parents responsible for the behavior of e MINUTES--Eugene City Council June 24, 1992 Page 1 11:30 a.m. I.U,_. - ~. e minor children. Mr. Gary said that Finding B in both drafts is an error that will be corrected. Responding to a question from Ms. Ehrman, Mr. Gary said that there is no requirement of public hearing. The council, however, must give notice about its intention to discuss the issue at a particular meeting. Mr. Nicholson felt that enforcement against parents for the activities of their children is nearly impossible. The problem is complicated because fireworks can legally be sold to children 12 years old and over. Mr. Rutan did not support either option, saying an all-out ban is impractical and Option 2 will not change behavior. He suggested that the council consid- er banning fireworks except for July 4, and ban the use of fireworks in the south hills area only. He felt selective enforcement based on complaints would work. Mr. Rutan said the City should offer alternative areas for the use of fireworks. He also suggested that the City provide a penalty for illegal fireworks, saying those are the ones that will cause a fire. Ms. Ehrman expressed concern with prohibiting the use of fireworks this close to the holiday, saying the City should discourage use and otherwise rely on people's common sense. Mr. Boles suggested the City look at supervised sites. Mr. Gleason expressed concern for the following reasons: staffing needs are hard to determine, it is hard to control fire danger, and it places liability on the City should an e accident occur. He expressed a willingness to follow the council's direc- tive. Mr. Boles agreed with Ms. Ehrman, saying that an ordinance controlling the use of fireworks should be considered for the future. Mr. Robinette moved, seconded by Ms. Bascom, that Option 2 of the ordinance come before the council for adoption on June 29, prior to the 6 p.m. process session. Mr. Nicholson moved to amend the motion to ban the use of fireworks in the south hills area, as defined by staff, for this year. The motion failed for lack of a second. Mr. Nicholson moved to amend the motion, seconded by Ms. Ehrman, to restrict the sale of fireworks to people 18 years and over. The motion failed, 3:4; Mr. Green, Ms. Bascom, Mr. Robinette, and Mr. Rutan opposed. Mr. Green moved to amend the motion, seconded by Mr. Boles, to restrict the use of fireworks to the 4th of July only for the rest of the calendar year. The motion passed, 6:1; Mr. Robinette opposed. The main motion as amended passed unanimously, 7:0. e MINUTES--Eugene City Council June 24, 1992 Page 2 11:30 a.m. e Mayor Miller adjourned the council meeting and convened the meeting of the Urban Renewal Agency. II. ADOPTION OF FY93 URBAN RENEWAL AGENCY BUDGET Warren Wong, Administrative Services Director, referred to Attachment B of his memorandum of June 23 addressed to the City Council, which outlines four amendment options for the Urban Renewal Agency's FY93 Budget Adoption. He reviewed the options, saying Option 2 outlines a practice the City has used before. It allows for freezing all or certain projects until the Agency Board issues a release. Mr. Boles moved, seconded by Mr. Green, to adopt Option 2. The motion passed, 6:1; Mr. Nicholson opposed. Mr. Nicholson said the motion was inconsistent with commitments made as a part of the Eugene Decisions process, where the City Council agreed to put all available funding up for prioritization. Responding to a question from Ms. Ehrman, staff said that the council had previously identified theoretical allocation of some projects. Mayor Miller explained that the council is not authorizing the expenditure of these funds, the funds are being segregated for budgeting purposes and projects will have to compete with other projects for funding. e Res. 962--A resolution of the Urban Renewal Agency adopting the budget and making appropriations for the fiscal year beginning July 1, 1992, and ending June 30, 1993. Mr. Boles moved, seconded by Mr. Green, to adopt Resolution 962 as amended. The motion passed, 6:1; Mr. Nicholson op- posed. Mayor Miller adjourned the meeting of the Urban Renewal Agency and reconvened the meeting of the City Council. III. ANNUAL REPORT FROM THE CULTURAL AFFAIRS COMMISSION Mayor Miller noted that Cultural Affairs Commission Chair Carol Williams could not attend; however, Cultural Services Director David Biedermann re- sponded to questions. Responding to a question from Ms. Ehrman, Mr. Biedermann said that the pro- posed art in public places ordinance revision increases the percentage dedi- cated to public art and limits qualified projects to exclude such construc- tion as sewers. He added that a publiC work session is scheduled with inter- ested parties on July 1. e MINUTES--Eugene City Council June 24, 1992 Page 3 11:30 a.m. e Councilors expressed support and appreciation for the commission. IV. LANE TRANSIT DISTRICT STATION SITING Lew Bowers, Planning and Development Department, recalled that the council requested a work session to review issues associated with the siting of the Lane Transit District (LTD) transit station in preparation for its August 24 joint session with the LTD board of directors. He added that the board has attempted to respond to the council's questions and that material is attached to the agenda packet. Phyllis Loobey, LTD General Manager, said that the board is holding a public hearing on June 25 at 7:30 p.m. to discuss the siting of the transit station. During the summer, LTD will be working with the Citizen Advisory Committee. The committee will present its recommendations to the LTD board on September 16. Responding to a question from Ms. Bascom, Ms. Loobey explained the difference between the shuttle loop system and the downtown shuttle loop. The two rep- resent different operating concepts. The downtown shuttle loop would contin- ue to use a radial route connecting the downtown area with key destination points. The other scheme would have looped systems throughout the community, which would hook together. e Mr. Nicholson noted that the report did not address the two specific elements of the scheme he supported. One is that high correlation destination and origination points intersect the outer circle. The other element is that there should be a pact with other institutions to alter institutional conduct around parking. He stated that a looped, non-spoke radial system might look more attractive if those two elements were included in the model. Responding to a question from Mr. Boles, Ms. Loobey said that operations and maintenance of the system is an ongoing concern because there is an insuffi- cient capacity in the current payroll tax base to support a very expensive downtown shuttle loop system. Mr. Boles suggested three sources that would lend themselves to capitaliza- tion of a shuttle system. Congressman DeFazio has made it clear that the monies set aside for the Ferry Street Bridge can be used for other transpor- tation projects. It requires changes at the Federal level, which according to Mr. DeFazio, is a straightforward process. The second source is interest from UMTA in capitalization of such a system as a substitute for parking requirements. Third, it'is evident that systems development charges (SDCs) can underwrite this type of capitalization so lo~g as it is impact-based. Mr. Rutan expressed appreciation for Ms. Loobey and the LTD board, citing increased ridership as a major accomplishment. e MINUTES--Eugene City Council June 24, 1992 Page 4 11:30 a.m, e Responding to a question from Mr. Green, Mr. Gleason said a motion to reaf- firm support for the project was needed because it involves City resources. Mr. Bowers added that City resources were involved in parking-related issues to the siting of the station, at the council's request. And staff is asking the council to reiterate its support in order to continue committing City resources. Mr. Nicholson said the council has previously adopted policy promoting alter- nate modes of transportation and there are many potential changes it could make that would have a substantial impact on the community's transportation habits. He reiterated that a careful analysis of existing correlations and destination points would permit doing away with a central transfer station and the money could be used to support a loop system. He agreed with Mr. Boles that the Ferry Street Bridge money may be redirected. Mr. Boles said many of Mr. Nicholson's suggestions are embedded in one of the four interrelated transportation plans on projects currently before the com- munity: the Ferry Street Bridge, the Fairgrounds Master Plan, the Central Area Transportation Study, and the LTD station siting. He noted that re- sponding to the three posed questions do not commit the council. Mr. Robinette stated a conflict of interest with the siting issue, but not the other issues. Mr. Boles moved, seconded by Mr. Green, to reaffirm the City Council's support for an LTD transit station siting in the e downtown. Roll call vote. The motion passed; 6:1:0, Mr. Robinette abstained. Mr. Boles moved, seconded by Mr. Nicholson, to direct staff to work with LTD staff to develop a parking/transit plan that includes a complementary parking structure and shuttle system in conjunction with the top sites selected in September. Roll call voted. The motion passed, 6:1; Mr. Green opposed. Mr. Boles moved, seconded by Mr. Green, to reaffirm the will- ingness of the City Council to consider making the McDonald Theatre site property available, subject to a feasible and comprehensive plan. Roll call vote. The motion passed, 6:1; Mr. Robinette abstained. Mr. Boles explained that this does not exclude parking or restrict it to parking. The council decided to defer discussion of Item V, Council Work Plan, to the June 29 process session. e MINUTES--Eugene City Council June 24, 1992 Page 5 11:30 a.m. e V. DOWNTOWN PARKING PROGRAM SIX-MONTH REVIEW Responding to a question from Ms. Ehrman, Mr. Bowers explained that the City allows the parking validation system by providing a discount on parking. Downtown Eugene, Inc. (DEI) markets the system to its members and each member establishes its own criteria for implementing the program. Members vary widely on how they deal with validation. Mr. Bowers said the validation system is the responsibility of DEI. Several councilors expressed dissatisfaction with unattended lots. Scott Luell, Planning and Development Department, explained that usage is below and revenue is above projections. He said fewer people are validating and more people are paying money. Responding to a question from Ms. Ehrman, Mr. Luell said that actual partici- pation in the validation program is 26 percent, down from the 30-50 percent projected. Mr. Luell agreed to provide a list of DEI members participating in the program. In response to Mr. Boles, Mr. Luell said that based on past data, if the trend line were extended, it would intersect the projected average use line in 12 months. Mr. Boles suggested the council honor the Downtown Commis- sion's request that the program be extended another six months. There was agreement from the council. e VI. GOLDEN GARDENS GOLF COURSE DEVELOPMENT Mr. Boles said that the council has not received responses to specific ques- tions submitted to Assistant City Manager Linda Norris. He urged the council not to take any action on this item until the information is received. Lee Beyer, Planning and Development, recalled that two landowners have sub- mitted a request to develop the Golden Gardens Park area and surrounding area into a golf course. They seek to trade their property or buy portions of other property in exchange for 35 acres of City property for the development. Mr. Beyer said their goal seems to be consistent with the council's approved recreational plan for the area. He noted that development of the area into a City park would cost $2.5-$3 million, which would make it a long-term project. This presents an opportunity for meeting that goal through private means. The proposal is conceptual at this point. If it goes forward, there would be involvement by a citizen advisory committee. Councilors Bascom, Green, and Rutan supported the concept. Mr. Boles said the council should not go forward with negotiations without addressing the issues he raised in a previous meeting, although he is not opposed to committing staff time to the project. e MINUTES--Eugene City Council June 24, 1992 Page 6 11:30 a.m. '. . Responding to a question from Mr. Robinette, John Etter, Public Works, said approximately $5,000 has been spent on staff time thus far. He estimated that the amount could triple with involvement by the City Manager's Office and Citizen Involvement Committee. Ms. Ehrman favored going forward with the concept, but having the project come before the City Council again before it goes into a public information process. Mayor Miller summarized the discussion by saying he sensed a majority of the council wanted to enable moving forward with the concept, while addressing serious concerns. Mr. Boles moved, seconded by Mr. Robinette, to table the issue until the questions addressed have been answered and then frame the negotiations in light of those responses. The mo- tion failed, 3:4; Mr. Green, Ms. Bascom, Ms. Ehrman, and Mr. Rutan opposed. Donna Neil, Parks and Recreation Commission, offered the group's help to facilitate going forward with the concept and getting the questions answered. The council did not address the issue of commission involvement. Mr. Green moved, seconded by Ms. Bascom, to direct staff to negotiate in concept only using the City Council's questions as a supplemental guideline to negotiation, with a report in e August. The motion passed, 5:2; Mr. Boles and Mr. Nicholson opposed. Staff said written responses to the questions posed by Mr. Boles would be included in the council's June 26 packet. The council meeting adjourned at 1:45 p.m. RespectfUl~ ~- ~.. Micheal Gleason City Manager (Recorded by Yolanda Paule) MNCC 062492-1130 e MINUTES--Eugene City Council June 24, 1992 Page 7 11 :30 a.m.