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HomeMy WebLinkAbout04/22/1981 Meeting e - - p M I NUT E S Eugene City Council City Council Chamber April 22, 1981 11:30 a.m. COUNCILORS PRESENT: Gretchen Miller, Betty Smith, Mark Lindberg, D. W. Hamel, and Cynthia Wooten. Councilors Brian Obie, Eric Haws, Emily Schue, and Mayor Keller were absent. Adjourned meeting of the City Council of the City of Eugene, Oregon, was called to order by Acting Mayor Gretchen Miller. I. ITEMS FROM MAYOR AND COUNCIL A. Agenda Adjustments Ms. Miller noted that Item IV, Council Consideration of Status of Traffic Diverters Within the Westside Neighborhood Quality Project Area--Informational Staff Report, came to council as an informational item at the request of Councilor Obie who was absent. Staff was present to give the report. Ms. Miller asked if council should wait until Mr. Obie was back to participate in the discussion. She further asked if council should go ahead and let the diverters be installed, particularly since one diverter that Mr. Obie was concerned about is currently installed. The diverters that are installed were not the ones Mr. Obie was questioning. Ms. Miller suggested they authorize staff to proceed and set up a discussion of the policy next week. Ms. Smith, noting this was an informational item, suggested that they delay this report until Councilor Obie was present. Ms. Wooten suggested that the council follow the acting mayorls suggestion and review the policy when Mr. Obie could be with them. Ms. Miller, seeing no objections, directed the Public Works staff to proceed as usual with the report to be rescheduled for next week. B. Closing Willamette Street Ms. Smith asked the staff to bring to council, at a fairly close date, two to three weeks, information in order to determine if Willamette Street will be kept open or closed. She suggested that council hold a public hearing on this issue. It was the consensus of the council to support Ms. Smith's request. C. Councilor Absent Councilor Lindberg announced that he would not be attending council meetings next week since he will be out of town on business. MINUTES--Eugene City Council April 22, 1981 Page 1 D. Mall Activity e Ms. Wooten read a letter from Gerald Williams objecting to the distribution of free cigarettes on the mall and asking for possible ways to curb the activity. Manager replied that he would give Ms. Wooten information on the regulation of commercial activity on the mall. E. Announcements 1. Council Meeting May 25, 1981 (Memorial Day), was changed to Tuesday, May 26, 1981. 2. Legislative Subcommittee next meeting April 29, 1981, prior to City Council meeting. II. ROUTINE ITEMS FOR COUNCIL APPROVAL A. Approval of Legislative Subcommittee Minutes of April 16, 1981 Ms. Smith moved, seconded by Mr. Lindberg, to approve Legislative Subcommittee minutes of April 16, 1981. Ms. Miller questioned the action of the Legislative Subcommittee on mass transit as reported in the Legislative Subcommittee minutes. Ms. Smith said that the intent was to not have the issue come to City Council. The subcommittee agreed to take no position. ~ Motion carried unanimously. B. Finance Resolutions (memo, exhibits distributed) Res. No. 3495--A resolution authorizing the transfer of noncontingency appropriations within a given fund between official budget categories. Ms. Smith moved, seconded by Mr. Lindberg, to adopt the resolution. Roll call vote; motion carried unanimously. Res. No. 3496--A resolution acknowledging adjustment to estimated revenues and authorizing the adjustments to appropriations and expenditures related to those revenues. Ms. Smith moved, seconded by Mr. Lindberg, to adopt the resolution. Roll call vote; motion carried unanimously. Res. No. 3497--A resolution authorizing the transfer of contingency appropriations within a given fund to official budget categories. e MINUTES--Eugene City Council April 22, 1981 Page 2 e Ms. Smith questioned the transfer of contingency--appropriations Exhibits A--unemployment insurance fund transfer $87,833 to cover expenditures for unemployment insurance claims not anticipated. She asked how that compared with any past experience the City had had in terms of transfer of funds. Mr. Stubbert, Budget Officer, replied that this appropriation is in the unemployment insurance fund. It is not general fund cont ingency. Normally, they have had an appropri- ation that covered all the unemployment insurance costs. This year, because of some layoffs that occurred in relation to the 1980-81 budget, the City incurred higher unemployment insurance costs. In preparing next year's budget, they have attempted to anticipate higher costs. Mr. Lindberg asked if $52,000 in general operating contingency was low for this time of year. Mr. Stubbert said that it was lower than some previous years. Mr. Gleason added that the budget recommendations for 1981-82 include increasing the contingency from this yearls. Ms. Smith moved, seconded by Mr. Lindberg, to adopt the resolution. Roll call vote; motion carried unanimously. III. PUBLIC HEARING A. Easement Vacation for Iverson-Poppen-Mulvihill (EV 80-9) (map distributed) Manager indicated that the recommendation from the Planning Commission was for approval. There would be no staff report unless council wished to ask questions. e Public hearing was held with no testimony presented. CB 2281--An ordinance authorizing the vacation of a seven-foot-wide public utility easement located south of Highland Oaks Drive, east of Bowmont Drive. Ms. Smith moved, seconded by Mr. Lindberg, that the bill be read the second time by council bill number only, with unanimous consent of the council, and that enactment be considered at this time. Roll call vote; motion carried unanimously. Council Bill 2281 was read the second time by council bill number only. Ms. Smith moved, seconded by Mr. Lindberg, that the bill be approved and given final passage. Roll call vote; all councilors present voting "aye," the bill was declared passed and numbered 18778. B. Street Vacation for Duncan and Hammer (SV 81-3) (map distributed) Manager introduced Jim Croteau, Planning Staff, to explain this request. Mr. Croteau said that the Duncan half is Lot 3 on the west side of the proposed vacation. Hammer is the owner of Tax Lot 5900. They have jointly requested a vacation of this right-of-way originally meant to provide access to these e MINUTES--Eugene City Council Apr il 22, 1981 Page 3 e e e properties. With the subdivision of the properties on the west side of this cul-de-sac, the right-of-way was no longer needed, thus the vacation request. The reason staff is requesting that the second reading be withheld is that EWEB is requesting an easement across a portion of the vacated right of way and staff is not sure of the exact description of the easement retention. Finally, in the case of easement vacations, land that is returned to the abutting property owners is assessed a fee for the return of the right-of-way. The City staff and the applicants are still negotiating what is an equitable price. These are the reasons for withholding final reading until another council meeting. Public hearing was held with no testimony presented. CB 2282--An ordinance authorizing vacation of a 40-foot-wide street located south of Lorane Highway at the terminus of Van Buren Street. Ms. Smith moved, seconded by Mr. Lindberg, that the bill be read the first time by council bill number only and that second reading be deferred until the width of the public utility easement needed for EWEB is determined. Motion carried unanimously. C. Urban Development Action Grant Application for Blair Area Revitaliza- tion (memo distributed, additional information under separate cover) Manager introduced Chris Hofmann, Department of HCC, to explain the application. Ms. Hofmann recognized that this was the second public hearing for the Cityls application for the Urban Development Action Grant (UDAG). Last week the council heard testimony about the need for the pocket of poverty UDAG assistance. This week the testimony is centered on the specific UDAG proposal before the council. The deadline for application is April 30, 1981. The Neighborhood Economic Development Corporation (NEDCO) from the Whiteaker Neighborhood is proposing a UDAG application for the Blair revitalization. The project includes the rehabilitation of the Red Barn for commercial use and parking provision for merchants in the Blair area. Council has received a timetable and a description of the acquisition of the Red Barn property. Bob Thomas, Department of HCC, added that he had spoken with Councilor Obie yesterday and he had asked Mr. Thomas to pass on two comments which he will present at the close of the public hearing. Public hearing was opened. Testifying in favor of the UDAG proposal: Glen Gibbons, 1050 West 5th Avenue, member of the Executive Board of Whiteaker Council, spoke about Blair Boulevard being a "collector" in terms of automobiles but a divider in human terms. He called it "an open wound in the neighborhood." He said the UDAG proposal addresses the desire of the neighborhood to join its MINUTES--Eugene City Council Apr il 22, 1981 Page 4 e e e east and the west parts. At the Blair, Van Buren, and 4th Avenue intersection, there are several very different businesses such as Tiny's Tavern and Blair Island Restaurant. The UDAG proposal would add to this bridge across Blair Boulevard. The Red Barn would be a small economic diversification. A bakery, a grocery store, and a craft shop would provide jobs for residents. He urged the support of the council for the application. Ron Saylor, Vice Chair of NEDCO, a resident and business owner near the Blair area, explained the history of the project and the goals of NEDCO. NEDCO had carried out a feasibility study and worked with volunteers and the former owner to rehabilitate a building adjacent to the barn which is now the NEDCO office. Volunteer help now takes care of the area. They had persuaded the Community Development Committee to use CD funds for the purchase of the barn. A market study was done on the project. The barn is registered on the National Register of Historic Buildings. They have recruited tenants. They have planned and priced the development, and packaged and repackaged it in pursuit of capital to finance the rehabilitation. Mr. Saylor urged the council to proceed with the application. NEDCO has raised $170,000. It is a clearly defined project with locally committed funding. Carol Glazer, 47 Adams Street, staff person for NEDCO, referred to the dis- tributed material. NEDCO would like to have "gap financing" in order to raise the equity to bring in private money. They have raised half the money they need for the project. They are obtaining a commitment for $150,000 bank financing. UOAG would provide the additional equity. It would aid in the purchase of the parking area for the barn property and other businesses. Fran Chylek, owner of the Blair Island Restaurant, said she and her partners have had the business for seven months and they have hired 15 people. They like the neighborhood and feel that sooner or later the Blair Island area would be developed. It now appears to be later. They looked forward to the development of the Red Barn because they feel isolated currently. The Blair Island Restaurant personnel hope that council will support the application. There being no further testimony, the public hearing was closed. Ms. Smith moved, seconded by Mr. Lindberg, to approve the Urban Development Action Grant application for the Blair revitalization proposal and its attachments; and to authorize the City Manager to act as the representative of the City in connection with the application. Mr. Thomas relayed Mr. Obiels comments. Mr. Obie was sorry that he could not be at the council meeting. He was briefed by the NEDCO staff. He felt that the history of the barn ownership should be made public. Mr. Thomas noted that had been done in the information before the council. Mr. Obie's second thought was that the area obviously does need help. His impression of the staff's sincerity and ability to carry out the project was favorable. He felt the council should support the project. MINUTES--Eugene City Council Apr il 22, 1981 Page 5 Ms. Wooten, speaking for Ms. Schue, said that Ms. Schue supported proceeding with the application. 4It Ms. Smith said that she visited the area. She was favorably impressed with the staff and the dedication they had to revitalize the area. She urged council to support the application. Mr. Lindberg pointed out that the application process is not costing the City a great deal. It is a way to achieve the City's goals. Whiteaker is one of the lowest income areas in Eugene. Establishing a commercial district will fulfill the needs and begin to provide small-scale jobs for the residents. Ms. Wooten asked if council could forward a letter of support through the City Manager. Manager said this would be done. She thanked the staff of NEDCO for their work. Ms. Miller endorsed the sentiments previously expressed. Motion carried unanimously. IV. FURTHER CONSIDERATION OF PROPOSED TREE PRESERVATION ORDINANCE--STAFF RESPONSE TO COUNCIL CONCERNS (memo distributed) e Manager introduced Ernie Drapela, Parks & Recreation, to give a staff report. Mr. Drapela thanked the council for their suggestion that staff review the penalty portion with the City Attorney. The City Attorney's Office has pro- duced a penalty provision more in keeping with what the council had discussed. Various variables were discussed such as marginal infractions and major infrac- tions. The frequency is not the issue. Once an infraction is made the conse- quences are final. Aesthetic value, replacement value, and market value are considerations. The subsection of the amended ordinance serves as instructions to the judge. Distributed are also two internal staff memos answering the questions raised at the council meeting last week: one memo on enforcement, the other memo on events. Mr. Drapela introduced Jeff Hale to answer technical questions and Tim Sercombe, City Attorney's Office, to comment on the memo- randum. Mr. Drapela said that the Parks Department will be celebrating Arbor Day by planting three magnolias this week. It would be appropriate to act on this item today. Mr. Sercombe noted that council had asked for clarification and an overview of the ordinance as it presently operates. The ordinance prohibits tree cutting of woody living plants with a trunk of a certain size. It prohibits cutting in two instances: 1) if there is an occupied parcel less than 20,000 square feet, the occupant will need a permit to cut one tree; 2) for lots of greater size, one would need a permit to fell more than five trees. There are exceptions for which one does not need to obtain a permit such as an occupied parcel of less than 20,000 square feet or where the trees that are a nuisance. The penalty provisions before council respond to the council IS concern about setting a minimum and maximum penalty. The ordinance prescribes a penalty of a minimum of e MINUTES--Eugene City Council April 22, 1981 Page 6 e $100 and a maximum of $4,000 for each tree felled without a permit. It allows imprisonment of not more than 100 days or a combination of a fine and prison sentence. There is a new Subsection 5 of the ordinance which was necessary in order to make clear the council's intent to a sentencing judge where there is a legal violation of the ordinance. This grew out of the prosecution of a person who harvested $30,000 worth of timber and was fined $300. Section 5 makes sure that if someone cuts trees, it does not become commercially profitable to harvest the trees and pay a minimum fine. It is designed to make sure that the City is recompensed for that kind of violation. $100 is the minimum fine; $4,000 is for the larger violation, along with a jail sentence, which should be a deterrent. CB 2279--An ordinance concerning tree preservation; amending Sections 3.600, 6.310, 6.330, and 6.990 of the Eugene Code, 1971. Ms. Smith moved, seconded by Mr. Lindberg, that the bill be read the second time by council bill number only, with unanimous consent of the council, and that enactment be considered at this time. Roll call vote, motion carried unanimously. Council Bill 2279 was read the second time by council}bill number only. Ms. Smith moved, seconded by Mr. Lindberg, that the bill be approved and given final passage. Roll call vote; all councilors present voting aye, the bill was declared passed and numbered 18779. 4It V. CONSIDERATION OF SUPPLEMENTAL RESOLUTION CONCERNING ,ADDITIONAL REVISIONS TO DRAFT REPORT, "HOUSING IN EUGENEIS DOWNTOWN: LONG-TERM STRATEGIES" (memo distributed) Manager introduced Pat Decker, Planning Department, to explain the suggested council changes in language. Councilors complimented Ms. Decker on the revision. Res. No. 3498--A supplemental resolution to Res. No. 3493 adopting long-term strategies for housing in Eugene's downtown area. Ms. Smith moved, seconded by Mr. Lindberg, to adopt the resolution. Roll call vote. Motion carried unanimously. VI. CONSIDER FORMULATION OF COMMITTEE RE: COUNTY-WIDE WASTE REDUCTION POLICY (memo distributed) Ms. Wooten referred to the distributed memo which referred to the memo from Commissioner Jerry Rust regarding the County's solid waste program and the means by which the City could try to reduce that kind of waste disposal. Commissioner Rust had suggested the City proceed with the County Resource Recovery Committee in determining what kind of recommendations could be made about waste reduction. e MINUTES--Eugene City Council April 22, 1981 Page 7 e - e Ms. Wooten thought the City needed to have a stronger role in determining what could be done about garbage, both domestic and industrial. She asked the council for their consensus/approval for at least one representative on the Resource Recovery Advisory Committee to report back to the jurisdiction on how the City might proceed. She said that it is evident that the fees imposed at the County solid waste site are going to continue, that the ecological means that were employed to deal with the matter did not work, and that it is incumbent upon the City Council to explore a variety of methods to find an environmentally benign and ecologically sound method to deal with the garbage. She noted the presence of Commissioner Rust. Commissioner Rust introduced Peter Bartel, his aide who wrote the report; Craig Starr, Director of County Solid Waste Division; and Bob Fenstermacher, Chair of the Resource Recovery Advisory Committee. Mr. Rust said that they had tried four approaches to solid waste reduction in Lane County. The technological approach is a failure. Source separation has not gotten off the ground (1 to 2 percent of materials presently). The landfill approach and the user fee approach: there has been a 40-percent reduction in landfill usage and a 40-percent increase in recycling since the institution of user fees. Mr. Rust encouraged council to take Councilor Wootenls suggestion that the City become actively involved with the County on this issue. The County has a Resource Recovery Advisory Committee. A solid majority of the Board of Commissioners concurred with Mr. Rust, although not officially, yet. They would like to see representatives of Springfield and Eugene on this committee as well as a staff liaison. Lane County disposes of the material while the cities regulate the collection of the material. It is important that they work together. Ms. Smith asked about the makeup of the Resource Recovery Advisory Committee. Mr. Starr replied that there is one representative from the waste hauling industry; a representative of BRING, the recycling industry; two representatives from the secondary materials industry (paper and metals); and five consumer representatives from Eugene and the Lane County rural areas. He asked for an expression of interest from Eugene in being a member of the committee. Ms. Smith said that she would support the exploration of more cooperative arrange- ments between the City and the County in order to come up with some solutions. Mr. Rust urged the City to help find solutions. He noted Short Mountain Landfill is filling more rapidly than expected. Eugene has half the population and contributes half of the County's total garbage. Ms. Wooten urged that a staff person and a City Councilor be appointed to the County committee which would recommend action by the cities to reduce solid waste. The appointees would report on an intermittent basis to determine the City's continued participation. Ms. Miller noted that the County had not opened the committeels membership as yet, but that the City could relay their interest. She was glad to see the City take the responsibility that they should on this matter. By saving landfill space, they are saving the citizens money. She suggested revitalizing the MINUTES--Eugene City Council April 22, 1981 Page 8 - e e Cityls Garbage Board, getting them involved and asking them to meet more fre- quently. The council should explore ways to have the Garbage Board be more active. The City has, in theory, a structure that should be doing these pro- jects. She did not want to duplicate the Garbage Board with another structure. Ms. Smith moved, seconded by Mr. Lindberg, to show interest in cooperating with the County in dealing with the issue of solid waste reduction, by virtue of requesting two slots on the Resource Recovery Advisory Committee. A staff person, contingent upon the approval of the City Manager, and a City Councilor would represent the City on the Lane County Resource Recovery Advisory Committee. Ms. Wooten asked Ms. Miller about the Garbage Board. Ms. Miller said that she would like to see the board work more closely with the County by having joint meetings, doing a better job of liaison, so that they could develop and implement the policies when the time comes to do it. Solid waste problems dealt with at the County level should be considered from the City point of view. The County has to deal with problems county-wide as far as Florence. They have a different scope of the problems. Motion carried unanimously. VII. CONSIDERATION OF OPTION AGREEMENT FOR 38TH AND HILYARD LANDBANKING SITE (memo distributed) Mr. Gleason introduced Greg Byrne, Department of HCC. Mr. Byrne explained the Cityls landbanking program as one of the Joint Housing Committee's highest priorities. What they do is to seek out sites that meet council's dispersal policy for low-income housing. They purchase those sites and hold them for development of low- and middle-income family projects. The 38th and Hilyard site is the first venture into this program. Over a period of two years, they have received direction to proceed from the Portland office of HUD using Federal Section 8 funds for rent supplements. Within two days of the final approval, funds were frozen by the current administration in Washington, eliminating the Cityls ability to proceed with development of the site through a private developer. Staff and the Joint Housing Committee propose optioning the site to the Lane County Housing Authority who will act as property developer. The intent of the program and the outcome of the program would be the same: to provide low-income dwelling units on that site. The Joint Housing Committee suggests optioning the site for a period of six months. During the six months, Lane County would compete for housing funds through HUD available to them and not to the City. Within the six months they would show substantial progress toward securing the financing. If they were not successful, the City would retain title and control over the property and seek funds from another source. Mr. Hamel asked about item 2, where it states, "therefore the City agrees to exempt the Housing Authority from special assessments." Mr. Hamel asked what assessments. Mr. Byrne said street improvements, upgrading of storm sewers, MINUTES--Eugene City Council April 22, 1981 Page 9 e etc. Mr. Hamel asked if everyone in the area would have to pay those assess- ments. Mr. Byrne said that was correct. He explained that the Housing Authority would bring street and utility improvements with them, just as a developer would, and they would be up to City standards. Ms. Smith moved, seconded by Mr. Lindberg, to authorize City Manager to execute an option agreement for 38th and Hilyard landbanking site. Motion carried unanimously. VIII. CONSIDERATION OF COOPERATIVE AGREEMENT WITH LANE COUNTY HOUSING AUTHORITY AND COMMUNITY SERVICES AGENCY (memo distributed) e Mr. Byrne noted the presence of Jim Johnson, Lane County Housing Authority. He explained that the intergovernmental agreement is a relatively routine item that the council has approved in previous years. Federal regulations require any county housing authority to seek the approval of the legislative body of the city before acting within the city limits of the municipality. They request approval to construct, or purchase and maintain up to 30 units of housing within the city limits of Eugene. This would authorize the County to proceed with the 38th and Hilyard site, which would support approximately 25 units. Mr. Lindberg was supportive. He asked, given that the City receives payment in lieu of taxes, what the comparison would be between what would have been the property tax assessment and what the City receives in lieu of taxes. Mr. Byrne answered that it was difficult to make projections because Section 8 rent subsidy is based on the income of the eventual tenant. At this point there is no way to know how deep the subsidy would be. Mr. Johnson said that the payments in lieu of taxes are very small in comparison with the forgone taxes. Mr. Lindberg asked how many units the Housing Authority had within the boundaries of Eugene. Mr. Johnson answered that the largest is Parkview Terrace, a 60- to 70-unit project for the elderly. They have been working under two programs currently to acquire existing housing without rehabilitation and with rehabilitation. They have been successful in acquiring approximately 10 to 15 units within the city limits of Eugene. Ms. Wooten endorsed the program. She asked the same question Mr. Lindberg had asked about the projected Saffley-Brim project in the Eugene Hotel. She had called Mr. McGuire to find out what kind of abatements and/or dismissal of taxes or increased valuation would take place after that redevelopment was done, if any. She asked for that information. Mr. Gleason said that she wanted to know, if the Eugene Hotel becomes a public project, what would happen to the liens, assessments, and other abatements, and what kind of impact this would have in terms of tax increments and financing. He said he would give a report to the council on the subject. Res. No. 3499--A resolution ratifying, affirming, and confirming the execution of a cooperative agreement between the City of Eugene and the Housing Authority and Community Services Agency of Lane County, Oregon. e MINUTES--Eugene City Council April 22, 1981 Page 10 e .e e Ms. Smith moved, seconded by Mr. Lindberg, to adopt the resolution. Roll call vote. Motion carried unanimously. Meeting was adjourned to April 27, 1981. Respectfully submitted, y~- Mic~eal D. Glea on City Manager (Beth Conant, Minutes Recorder) MDG:BC:db/CM7a1 MINUTES--Eugene City Council April 22, 1981 Page 11