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HomeMy WebLinkAbout12/07/1992 Meeting (2) M I NUT E S . Eugene City Council Council Chamber--City Hall December 7, 1992 7:30 p.m. COUNCILORS PRESENT: Shawn Boles, Bobby Green, Ruth Bascom, Randy MacDonald, Paul Nicholson, Kaye Robinette, Roger Rutan. The regular meeting of December 7, 1992, of the Eugene City Council was called to order by His Honor Mayor Jeff Miller. Mayor Miller announced that agenda items II, VIII, IX, and X were processed by the City Council during the preceding work session this evening. I. PUBLIC FORUM Dave Sweet, 1237 Ferry Street, said that it touched his heart when he heard of homeless children who received quilts when their families sought shelter at a local church recently. He questioned what the price of compassion was to people who feel that government cannot afford to provide for all citizens who . are in need. He noted that the City's overall goal "to give Eugene the most effective city government in the nation- is not enough, saying that Eugene must stand out as a model for civic integrity among other cities in the world. In conclusion, he asked councilors and councilor-elects to consider those in need. William J. Mason, 1803 West 34th Avenue, stated that on July 15, 1992, he submitted written correspondence to staff inquiring about the City's legal costs related to several Oregon Tax Court cases. He said that after inquiring again on August 10 due to a lack of response, he received a letter stating that he would have to first pay approximately $120 for the cost of staff to research the information. He noted that he received incomplete responses during personal and phone contacts with staff and complained that information related to some of his inquiries was confidential. On another matter, he noted that a lack of funds caused the requests for dismissal of two lawsuits in which he was a party. He pointed out that similar lawsuits filed by citizens in other Oregon cities have been adjudicated in support of the contention of the lawsuits filed locally that urban renewal debt must be included within the Ballot Measure 5 property tax limitation. He called attention to a memo from the City Attorney's Office concerning storm water drainage assessments, which he said, according to the Oregon Tax Court, would be a tax and, therefore, must be included within the mandated property tax limitation. He questioned whether the City intends to appeal every tax court decision it loses to the Oregon Supreme Court for the purpose of increasing taxes. He requested a response. . MINUTES--Eugene City Council December 7, 1992 Page 1 7:30 p.m. Wayne Va.iqert, 4355 Spring Boulevard, submitted written correspondence to . staff and noted that he had submitted other information earlier. He requested the council's intervention in a matter involving his property. He explained that he is unable to obtain the necessary permits from the City to legally occupy his recently constructed house because a portion of his property is located outside the urban growth boundary. He said he was directed to Lane County but was still unable to obtain the final permits because Lane County advised him that his property is inside the urban growth boundary. He said that he received a letter from City staff in March 1989 stating that the urban growth boundary along his property would be amended. He added that without the necessary permits, he cannot sell, borrow money against, nor legally occupy his house, but pointed out that he is paying taxes on it. Mayor Miller advised Mr. Vajgert that he would receive a response. Arthur E. Shaoiro, 2742 Bowmont Drive, complained that he has not received a staff,response to an inquiry he made concerning a tax court lawsuit in which the City was a party. He demanded a response. Mayor Miller advised Mr. Shapiro that he would receive a staff response. Charles Aylworth, 3415 Bell Avenue, introduced himself as a representative of "Access Video,. a group associated with the use and promotion of public television. He said that during the work session preceding tonight's public hearing, he heard staff advise the council that there are about 20 active members using the public access channel, and he noted that there were 20 members who attended an open house meeting for public access users earlier . today. He read a prepared statement in support of providing public access television and continuing City funding for the public access television studio. He submitted his prepared statement and additional correspondence from other supporters. Kevin A. Waltz, 2086 Praslin Street, also introduced himself as a representa- tive of Access Video. He discussed the importance of public access televi- sion, saying that it provides a communication forum for the community to exercise their constitutional rights. He described a program on which he works called .Rock Option,. and pointed out that public access television has provided him an educational opportunity working in television and has made the American dream more real to him than ever. Hazel Simms, 3065 Webster Street, said that public access television provides a forum for many people, including herself, to use their skills to make a contribution to the community. She listed and described a number of various programs she has produced. Tim laue, 25 West 34th Avenue, said that he has closely followed the Eugene Decisions process since it began, noting that a comment made to him recently by a councilor has changed his feelings about the process. He said the City has almost enough revenue to qualify as a Fortune 500 company and asked the council to consider what the cost and other significant differences would be if a private corporation comparable to the City were to undertake a similar MINUTES--Eugene City Council December 7, 1992 Page 2 . 7:30 p.m. . process and reorganization. While he commended staff's quality work, he questioned whether the City was indeed efficient enough to reorganize at approximately one-third of the cost of a comparable private corporation. He said the worth of the Eugene Decisions process depends on the implementation of the adopted strategies. He thanked the council, staff, and volunteers who worked on the process, saying that he felt the effort deserved more credit than it has received. In conclusion, he suggested exploring ways to do things differently as services are reorganized. II. CONSENT CALENDAR This item was processed during the preceding work session this evening. III. PUBLIC HEARING: PROPOSED WITHDRAWAL OF RECENTLY ANNEXED PROPERTIES FROM SPECIAL DISTRICTS City Manager Mike Gleason introduced the item and said that staff was present to answer questions. Mayor Miller opened the public hearing. There being no requests to speak, the public hearing was closed. CB 4425--An ordinance providing for the withdrawal of territories (Van Meter, EC EU 92-22; O'Neil, EC EU 92-26; . Halvorson, C EU 92-29; Woods, EC EU 92-32; Warren, EC EU 92-36; Dick, EC EU 92-41) from the River Road Water District and River Road Park and Recreation District; (C EU 92-25, School District 4J) from the River Road Water District, the River Road Park and Recreation District; and (EC EU 92-29, Breeden Land Company) from the Santa Clara Water District. Mr. Boles moved, seconded by Mr. Green, 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, 8:0. Council Bill 4425 was read the second time by number only. Mr. Boles moved, seconded by Mr. Green, that the bill be approved and given final passage. Roll call vote; all councilors present voting aye, the bill was declared passed and became Ordinance No. 19890. Mr. MacDonald suggested discussing the matter raised during the public forum involving the Wayne Vajgert property before the December 9 Joint Elected Officials meeting. Mr. Boles requested that staff determine why permit applications were resubmitted to the City after having been originally rejected. Mr. Gleason recommended postponing discussion to allow enough time . MINUTES--Eugene City Council December 7, 1992 Page 3 7:30 p.m. -------- to prepare a complete staff report. In response, Ms. Bascom suggested that . staff prepare an explanation to present at the council's meeting on December 8, 1992. I I 1. PUBLIC HEARING: CITY OF EUGENE SUPPLEMENTAL BUDGET NO. 1 City Manager Mike Gleason introduced the item. Administrative Services Director Warren Wong presented the staff report. Supplemental Budget No. 1 consists of $21,011,676 in proposed changes to the FY93 budget. Mr. Wong reviewed the proposed changes outlined in the background information included in the council packets. He then reviewed the memo including a list of General Fund contingency requests, flagging the recycling contract included on that 1 i st. He explained that because of the .soft market" for recyclable products, the City no longer receives a rebate for its recyclable products and now must pay to have them picked up by a contractor. Responding to a question from Mr. Nicholson, Mr. Wong said that funding for the proposed fourth medic unit would be completely covered by the Emergency Medical Service (EMS) Fund. Responding to a question from Mr. Boles, Mr. Wong said that the Safer Schools Program was included as part of the $500,000 Eugene Decisions service enhance- ment to come from the Transition Contingency Fund. Responding to a question from Mr. Green, Mr. Gleason said that the Safer Schools Program will appear as a baseline budget item beginning in FY94. Mayor Miller opened the public hearing. . Dave Sweet, 1237 Ferry Street, testified in opposition to adoption of the proposed Supplemental Budget No.1, saying that there has not been enough effort to reduce what he felt was unnecessary administrative costs. He felt that both the council and City Manager must elevate their standards to meet the public's expectations. He noted that the council's recent annual perfor- mance evaluation of Mr. Gleason resulted in an overall average grade of C+. He felt that the City would not have an A+ government until the City Manager is elected by the voters. He also felt that until such a form of government exists, the council must exercise its duty to reduce excess administrative costs, citing legal fees. William J. Mason, 1803 West 34th Avenue, testifying on both supplemental budget items being considered, pointed out that two legal ads related to the supplemental budgets that appeared in The Reaister-Guard contained false information, specifically regarding the supposed availability of both supple- mental budget documents at the address listed in the ads. He requested that adoption of the supplemental budgets be postponed until both documents are made available for public review and comment. There being no additional requests to speak, the public hearing was closed. MINUTES--Eugene City Council December 7, 1992 Page 4 . 7:30 p.m. . CB 4426--An ordinance adopting a Supplemental Budget; making appropriations for the City of Eugene for the Fiscal Year beginning July 1, 1992, and ending June 30, 1993; and declaring an emergency. Mr. Boles moved, seconded by Mr. Green, 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 a question from Mr. MacDonald regarding Mr. Mason's testimony, Mr. Gleason said that information included within council packets is made available to the public on the same day that the packets are prepared and distributed to councilors, and added that arrangements can be made to have information mailed to the public. Mr. Nicholson pointed out that Mr. Mason has brought similar complaints before the council on previous occasions. Mr. Gleason explained that legal notice of public hearings are arranged to be published before council packets are prepared. Ms. Bascom suggested exploring possibilities to provide council packet material to the public in a more timely fashion or to ensure the ad correctly specifies the date actual materials will be available. Roll call vote; the motion passed unanimously, 8:0. Council Bill 4426 was read the second time by number only. . Mr. Boles moved, seconded by Mr. Green, that the bill be approved and given final passage. Roll call vote; all councilors present voting aye, the bill was declared passed and became Ordinance No. 19891. Mayor Miller adjourned the meeting of the City Council and convened a meeting of the Urban Renewal Agency. IV. PUBLIC HEARING: URBAN RENEWAL AGENCY OF THE CITY OF EUGENE SUPPLEMENTAL BUDGET NO. 1 City Manager Mike Gleason introduced the item. Administrative Services Director Warren Wong presented the staff report. He said that given the council's action during the preceding work session to extend the option to purchase the old Sears Building, staff recommends that the budget be amended to appropriate $34,500 from the Urban Renewal Agency General Fund Balance Available to the Planning and Development Department for the purpose of exercising the lease option. Mayor Miller opened the public hearing. William J. Mason, 1803 West 34th Avenue, reiterated his complaint regarding the false advertisement contained in the legal ads. . MINUTES--Eugene City Council December 7, 1992 Page 5 7:30 p.m. 1 There being no other requests to speak, the public hearing was closed. . Res. No. 967---A resolution adopting a Supplemental Budget; making appropriations for the Urban ~enewal Agency of the City of Eugene for the Fiscal Year beginning July 1, 1992, and ending June 30, 1993. Mr. Boles moved, seconded by Mr. Green, to adopt the resolution. Mr. Boles moved, seconded by Mr. Green, to amend the Urban Renewal Agency of the City of Eugene Supplemental Budget Resolution to authorize the transfer of $34,500 from the Urban Renewal Agency General Fund Balance Available to the Urban Renewal Agency Capital Projects Fund for the new expanded Library project to pay for an extension of the purchase option on the Sears Building through March 1993. Roll call vote; the motion to amend passed unanimously, 8:0. Roll call vote; the motion passed unanimously, 8:0. Mayor Miller adjourned the meeting of the Urban Renewal Agency and reconvened the meeting of the City Council. V. PUBLIC HEARING: ADOPTION OF THE DRAFT EUGENE-SPRINGFIELD COMPREHEN- SIVE HOUSING AFFORDABILITY STRATEGY (CHAS) 1993 ANNUAL PLAN AND . RECOMMENDATIONS FOR AMENDMENTS TO THE DRAFT CHAS DOCUMENT City Manager Mike Gleason 'introduced the item. Richie Weinman, Planning and Development Department, presented the staff report. The council is being asked to approve the draft CHAS 1993 Annual Plan with Exhibit B. At its November 19, 1992, public hearing, the Housing Policy Board approved the CHAS with the recommended amendments contained in Exhibit B. Responding to a question from Mr. MacDonald, Mr. Weinman said that the draft plan and recommended amendments are scheduled to be presented to the Springfield City Council for approval tonight. Answering a different ques- tion, he said that the Housing Policy Board has not discussed in detail the strategy related to emergency housing and noted that the board has primarily addressed issues concerning permanent and transitional housing. He explained that the CHAS is intended to serve as a gUiding document in the allocation of Federal housing funds. Ms. Ehrman noted that the Intergovernmental Human Services Basic Needs Subcommittee developed recommendations for the allocation of funding for the enhancement of emergency shelters and prevention of homelessness. Mayor Miller opened the public hearing. There being no requests to speak, the public hearing was closed. MINUTES--Eugene City Council December 7, 1992 Page 6 . 7:30 p.m. . Res. No. 4353--A resolution approving and adopting the Eugene- Springfield Comprehensive Housing Affordability Strategy 1993 Annual Plan for submission to the Federal Department of Housing and Urban Develop- ment. Mr. Boles moved, seconded by Mr. Green, to adopt the resolution. Ms. Bascom expressed appreciation for John Vanlandingham, member of the Housing Policy Board. Responding to a question from Ms. Bascom, Mr. Weinman explained that the two versions of fair housing strategies were drafted by staff in conjunction with Richard Guske. Ms. Bascom expressed support for Version A, the original version. Responding to a related question from Mr. Boles, Mr. Weinman explained that both versions are satisfactory to the Federal Department of Housing and Urban Development (HUD) and that the adoption of differing versions between Eugene and Springfield would not jeopardize the consortium between the two cities and HUD. He further explained that Version A of the Fair Housing Section is included in the motion, but Version B could be substituted. Mr. MacDonald expressed disagreement with the CHAS' predominant emphasis on permanent low-income housing relative to emergency shelter for the homeless, feeling that a greater balance was needed in light of the demand for enhanced shelter for the homeless. . Mr. Rutan said he has received correspondence and direct contact in relation to the low-income housing project called Orchards. In response to a Question from Mr. Rutan about the next opportunity for the public to comment on this project, Mr. Weinman said a public hearing will be held in early 1993 for a conditional use permit related to that project. Mr. Rutan reiterated that there has been significant public concern expressed to him related to that project. Responding to a question from Mr. Boles, Mr. Weinman explained that Version A was presented to the Housing Policy Board at the public hearing and that, in response to public testimony, the board asked Richard Guske to work with staff to draft another version that would be presented to the City Council as an alternative. In response to Mr. MacDonald's concern, Mr. Vanlandingham explained that the board concluded that the capital and operational costs of emergency shelter ;s very expensive and agreed not to allocate capital funding for additional emergency shelter when the operational costs of existing shelters are not being fully funded. Roll call vote; the motion passed 6:2, with councilors MacDonald and Nicholson voting nay. . MINUTES--Eugene City Council December 7, 1992 Page 7 7:30 p.m. VI. PUBLIC HEARING: TECHNICAL CODES ADOPTION--ADMINISTRATIVE RULE . PROCESS City Manager Mike Gleason introduced the item. Fire Marshal Dave Nuss, Department of Public Safety (DPS), presented the staff report. The draft ordinance involves the City Council approving, in Chapter 8 of the Eugene Code, a broad policy around the need for fire, life safety, and structural regulations, and general criteria for these regulations. The City Manager would be charged with the responsibility for establishing and enforcing technical codes through an administrative rule process. Licensing, permits, and fees related to technical code enforcement would also be included. Staff has also included two policy statements for specific provisions in accordance with the council's request. The first policy deals with preventive measures with respect to wildland/urban intermix fire safety issues found in Section 8.010 of the draft ordinance. The second policy deals with the regulation of fireworks found in Section 8.015 of the draft ordinance. Responding to a question from Ms. Ehrman, Mr. Nuss said the majority of Fire/Emergency Medical Service (EMS) calls related to fireworks is centered around late June/early July, the period during which the retail sales of fireworks is allowed under State law. Mr. MacDonald commended staff's efforts to streamline the fire code inspection program before the 1993 construction season. Mayor Miller opened the public hearing. Paul E. Cole, 4220 Kincaid Street, introduced himself as the Senior Pastor at . the South Hills Assembly of God. He testified against a ban on the sale of fireworks, saying that fireworks sales currently comprise about 65 percent of money raised yearly by the church's youth group. Matt Tallman, 363 Lindale Drive, representing a campus ministry organization at the University of Oregon, said his organization is one of the numerous nonprofit organizations which rely on fireworks sales as their main financial support. He noted that his organization will sell fireworks in Springfield next year and that a ban in Eugene would likely result in increased sales. He said he opposed the ban, feeling that it would promote the sale and use of illegal and dangerous fireworks. Fritz Hostetler, 861 South Redwood, Canby, introduced himself as a representa- tive of Western Commercial Fireworks, a family business established in 1948. He felt that a complete ban on fireworks would be unfair and expressed support for option three recommended by staff. Ed Lundberq, 34676 Devonshire Drive, noted that the council was considering an item that is related to the celebration of Independence Day on the same day that marks the anniversary of the beginning of World War II. He described his experience selling fireworks in Eugene since 1965 and the positive relation- ship he has had with former fire marshals. In conclusion, he supported allowing the continued use of fireworks. MINUTES--Eugene City Council December 7, 1992 Page 8 . 7:30 p.m. . Alan Wilm, 2818 Warren Street, introduced himself as Co-Chair of both the Neighborhood leaders Council (NlC) and the Churchill Area Neighbors. He recalled the reasons why the NlC supported the limit on the use of fireworks in the south hills area last year. He recommended that the City Manager be given the authority to limit the sale and use of fireworks during specified periods and in specified geographic areas. Curt Carrol, 14500 Southeast 98th Court, Clackamas, introduced himself as a representative of a nonprofit organization which supplies Class C fireworks. He said that a number of local nonprofit groups rely on fireworks sales to fund their operational costs. He said that his organization holds an orienta- tion each year on the safety and laws related to fireworks and pointed out that safety information is provided at many fireworks stands. He said that there are more accidents and fires as a result of the use of illegal fire- works. He said the key to having the safest fireworks season is through education. Bob Brown, PO Box 836, Clackamas, introduced himself as a member of the State Fireworks Task Force and representative of a wholesale distributor of fire- works. He pointed out that the 76 percent decrease in the number of fires in 1992 from the previous year in Eugene compared to a 16 percent decrease statewide. He expressed support for authorizing the City Manager to impose a ban due to hazardous conditions. Jim Breeden, Breeden Brothers, distributed copies of an excerpt of the . Building Code, including sections 455.030 through 455.080. Referring to the excerpt, he said he understood that the City Council did not have the authori- ty to change State Building Code regulations. There being no other requests to speak, the public hearing was closed. Mr. Nuss provided a staff response to the testimony. He said the ban on fireworks was proposed based on the number of calls for Fire/EMS related to fireworks as well as the council's directive to staff. He said that among the approximately 60 fireworks stands in Eugene last year, 23 stands were nonprof- it groups. He said that a proposal regarding slope and grade access has been drafted based on adopted national and state standards. Responding to a question from Mayor Miller regarding Mr. Breeden's testimony, Mr. Gleason explained that approval of the ordinance would authorize him to enforce the State Building Code. Responding to a question from Mr. Robinette, Mr. Nuss said that nine states have complete bans on fireworks and that 26 states have laws similar to Oregon's which allow certain Class C fireworks. Responding to a question from Mr. MacDonald regarding Mr. Breeden's testimony, Bill Gary, City Attorney's Office, explained that the City Council was required to adopt the State-adopted Building Code and was provided with some discretion to adopt regulations that differ than the State Fire Code so long . MINUTES--Eugene City Council December 7, 1992 Page 9 7:30 p.m. as the degree of the protection provided by the regulations adopted are at . least as protective as those adopted in the State Fire Code. Responding to a question from Mr. Green, Mr. Nuss said it costs approximately $2,500 to respond to the calls for fire/EMS during one firewo,"ks season. Responding to a question from,Ms. Ehrman, Mr. Nuss said there is currently no application fee for the sale of fireworks. Ms. Ehrman assumed that the City Manager would have the administrative power to implement such a fee. Mr. Gleason said such fees would be based on recovering the costs of issuing the licenses, not the costs of responding to calls for service. Responding to a question from Mr. Boles, Mr. Nuss explained that the 1991 State Building Code will contain a provision that would require certain standards for roofing material in the reroofing of homes located within any wildfire hazard area identified by a jurisdiction. CB 4427--An ordinance directing the City Manager to process technical code adoptions through the administrative rule process; repealing Sections 3.175, 3.179, 3.180, 3.181, 3.190, 3.192, 3.194, 3.196, 8.040, 8.050, 8.060, 8.070, 8.075, 8.100, and 8.895 of the Eugene Code, 1971; amend- ing Sections 3.005 of that code; and adding a new Section 8.010 to that code. Mr. Boles moved, seconded by Mr. Green, 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. Mr. Boles moved, seconded by Mr. Green, to amend the bill to substitute Section 5 of the bill to read as follow: liThe City Manager, or his or her designee, shall provide rules or regula- tions for a procedure whereby the sale and use of fireworks inside the city may be prohibited temporarily whenever the City Manager, or his or her designee, determines that hazardous conditions pose an unreasonable risk of fire." Mr. MacDonald supported a complete ban on the sale and use of fireworks with an exception during the Fourth of July fireworks season. Ms. Ehrman expressed support for the amendment and felt that fi..rework~ should be allowed to be displayed during times other, than during' the Fourth of ,J,uly' fireworks season. ... 10-.... '"" ':, -, Mr. Nicholson said that in order to support a complete ban on fireworks, he would have to be convinced that it would solve all of the problems related to fireworks. Mr. Green expressed support for the amendment, feeling that people who use fireworks responsibly should not be punished for others who do not. MINUTES--Eugene City Council December 7, 1992 Page 10 . 7:30 p.m. . Roll call vote; the motion to amend passed 7:1, with Councilor MacDonald voting nay. Mr. MacDonald noted that the recommendations outlined in the memo included in the packet were identified as effective measures to increase fire safety within limited resources that could be implemented before the next construc- tion season. Referring to concerns about the impact of slope and grade requirements, he suggested considering the values of the properties that were consumed in the 1991 fire in Oakland, California. Roll call vote; the main motion as amended passed unanimously, 8:0. Council Bill 4427 was read the second time by number only. Mr. Boles moved, seconded by Mr. Green, that the bill as amended be approved and given final passage. Roll call vote; all council- ors present voting aye, the bill was declared passed and became Ordinance No. 19892. VII I. LIBRARY PROJECT: SEARS BUILDING OPTION EXTENSION This item was processed during the preceding work session this evening. . IX. COUNCIL FUNDING REQUEST CONCERNING TRAINING VIDEO FOR INTERFAITH EMERGENCY SHELTER PROGRAM This item was processed during the preceding work session this evening. X. BALLOTING FOR APPOINTMENTS TO THE BUDGET COMMITTEE AND PLANNING COMMISSION This item was processed during the preceding work session this evening. The meeting adjourned at 9:36 p.m. Respectfully submitted, .~~ Michael Gleason, City Manager (Recorded by David Straub) cc73007.122 . MINUTES--Eugene City Council December 7, 1992 Page 11 7:30 p.m.