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HomeMy WebLinkAboutCC Minutes - 02/10/03 WS MINUTES Eugene City Council Work Session McNutt Room-Eugene City Ha11-777 Pearl Street February 10, 2003 5:30 p.m. COUNCILORS PRESENT: Betty Taylor, David Kelly, Nancy Nathanson, Scott Meisner, Gary Pap~, Bonny Bettman, George Poling, Jennifer Solomon. CITY COUNCIL WORK SESSION Mayor James D. Torrey called the work session of the City Council to order. A. ITEMS FROM THE COUNCIL, MAYOR, AND CITY MANAGER Mr. Meisner called the council's attention to the Oregon Department of Transportation's intention to close the Spores Bridge over the McKenzie River and the I-5 bridges over the Willamette River to oversize trucks because the bridges were failing. The truck traffic would be diverted from the interstate facility to road facilities through Eugene until the bridges could be replaced, and that would not be soon given funding conditions. Mr. Meisner said that diversion would have a severe impact on Eugene. He believed that downtown and west side neighborhoods would be facing serious consequences soon. He said that staff would be providing the council with projected traffic counts soon. Ms. Solomon had no items. Ms. Bettman said she heard the State had some funding for local jurisdictions for maintenance in conjunction with such bridge closures and traffic. She requested more information about the funding, how it would be calculated, and how it would be allocated. Mr. Carlson was not aware of the program in question. He noted that Coburg Road north of Beltline was the only local road facility affected; other affected facilities were State facilities. Ms. Bettman referred to the City Manager's Office budget and called for examination of its budget during the budget process. She objected to the reassignment of staff that resulted in a .5 FTE reduction in the Human Rights Program at time at a time when she anticipated an increase in anti- war protests and when war tensions may increase the incidence of bias crimes. She believed the funding was needed in the Human Rights Program. She objected to the concurrent increase in staffing for the mayor resulting in a full-time assistnace dedicated to him, which was in addition to the other staff resources he had available to him in the City Manager's Office Mr. Pap~ shared an experience he had on the City's rivet'front bicycle paths, saying that the entire community appeared to be out on the bicycle paths recreating in all types of manners. Everyone out recreating on the paths had been smiling. He thanked former Mayor Ruth Bascom for her work to get the river trail system constructed. MINUTES--Eugene City Council February 10, 2003 Page 1 Work Session Ms. Nathanson called attention to issues associated with lot divisions and distinguishing between notice to adjacent property owners, neighborhood associations, and homeowner associations. She thanked Planning and Development Department staff and management for helping sort out the issue. She acknowledged the budgetary challenge of providing notice to a broad range of citizens, and also acknowledged the difficulty of understanding the legal ramifications of the notice requirements for different lot line partitions. She expressed appreciation to Planning and Development Director Tom Coyle for the work he was doing on the issue and expressed hope that the situation could be improved. Mr. Kelly said a previous packet included a copy of the interim report of the Joint City of Eugene- University of Oregon West University Neighborhood Task Force. He endorsed the membership of the task force as being the right people for the committee. He said he hoped the task force's recommendations did not sit on a shelf. Some recommendations had policy implications and would be considered by the council; he hoped the council would give them serious consideration. He anticipated that some of the long-term recommendations could address housing and call for establishment of a neighborhood association. He announced an upcoming neighborhood forum on February 25 sponsored by the task force to discuss the recommendations of the task force. Mr. Poling said he attended the Fire and Emergency Medical Services graduation ceremony on February 7. Ten new fire fighters were sworn in. He said that many people were in attendance and it had been a pleasure to see them. That morning he attended the ribbon-cutting ceremony for the Work Force Network at Lane Community College. He also noted the associated culinary institute and said that it accommodated various functions. He encouraged councilors to visit the facility. Ms. Taylor called on everyone to see the current production of "To Kill a Mockingbird" at the Soreng Theater. Ms. Taylor said that she was a member of Lane Regional Air Pollution Authority and the agency was having a public hearing on field burning the next day at 10 a.m. in the Council Chamber. The regular board meeting would follow. Ms. Taylor commended Gary McNeel of the Public Works Department for his work with a citizens committee on Crest Drive. There would be an open house on the proposed street improvement plans from 4 p.m. to 9 p.m. on February 13 at Saint Jude Church. City Manager pro rem Jim Carlson reported that State law and local code both have a role in the possible renaming of Centennial Boulevard to Martin Luther King, Jr. Boulevard. The council's motion was sufficient to initiate the various processes required, and staff was in the process of initiating those processes. In a meeting with City Manager Mike Kelly of Springfield and Lane County Administrator Bill Van Vactor regarding the topic, it was suggested that the City consider some other options. He noted that Bobby Green of the Board of County Commissioners had written a letter to the City indicating the board was not interested in forming an intergovernmental body and preferred to see the City move forward with the process of renaming Centennial Boulevard inside its city limits. He recommended that the City move forward without additional intergovernmental effort. MINUTES--Eugene City Council February 10, 2003 Page 2 Work Session Ms. Solomon asked if the Planning Commission could discuss the possibility of renaming another street. Mr. Carlson indicated the commission would be given a specific request to rename Centennial Boulevard from Coburg Road to I-5 to Martin Luther King, Jr. Boulevard. While he supported the name change, Mr. Pap8 called on the council to pause in the street renaming process and work to involve Springfield in the process. Speaking to Mr. PapS's comments, Ms. Bettman said that there had been well-publicized discussions between the three jurisidictions for almost a year, and Springfield had previously opted out of an opportunity to rename Centennial Boulevard for Dr. King. She believed that it was appropriate for Eugene to take action on the portion of the street within its jurisdiction. She suggested that Springfield could make its own determination of how it would like to honor Dr. King. It was not unusual for a street to change names between jurisdictions, and there were several local examples. Mr. Kelly said he was comfortable having staff initiate the street renaming process given the public hearings that would be held. He did not think that renaming Centennial Boulevard in Eugene would be a problem for Springfield. Speaking to those who suggested alternative streets such as the West Eugene Parkway, Mr. Kelly did not want to place Dr. King's name on a flyover freeway. He did not think that was an appropriate way to honor Dr. King. Ms. Solomon asked if other streets had been considered to be renamed in honor of Dr. King. Mayor Torrey said that Bill Dwyer of the Board of County Commissioners requested that the City send a representative to a meeting to discuss the issues, and Ms. Bettman was charged to do so, and she returned with the group's recommendation. Ms. Bettman noted the group included representatives of the National Association for the Advancement of Colored People as well as the University of Oregon. Mayor Torrey said that the mayor of Springfield had indicated to him that Springfield did not get a chance to participate. He believed that Springfield should be given that opportunity. He did not think Eugene should make the City of Springfield look as though it did not care about Dr. King. Mayor Torrey noted that a citizen recommended that East 11th Avenue be designated Martin Luther King, Jr. Boulevard because numbered streets could be called boulevards. He thought that was a good idea. Mr. Carlson recollected that the issue of renaming the street first came up nine months past. He had discussed options with the other local chief administrators at the time, but no formal group had met to discuss the topic. He said that Springfield was aware that discussions were occurring. Mayor Torrey suggested that Springfield be invited to participate in Eugene's formal process. Mayor Torrey read a letter from Commissioner Bobby Green on behalf of the Board of County Commissioners in support of renaming Centennial Boulevard in honor of Dr. King, offering the County's financial assistance, and suggesting a joint meeting. Mayor Torrey indicated that the council process session would be postponed until after the spring recess. Councilors voiced no opposition to the postponement. MINUTES--Eugene City Council February 10, 2003 Page 3 Work Session B.WORK SESSION: Draft Endangered Species Act/Salmon Strategies The council was joined for the item by Neil Bj0rklund of the Planning and Development Department. Mr. Carlson reminded the council this was the second of two work sessions on the topic. Mr. Bj0rklund reviewed the work done to date, specifically the internal work done on City practices to determine their impact on salmon and salmon habitat. Staff completed an aquatic and riparian habitat assessment in September 2002. Staff analyzed all City regulations to determine if any were harmful to salmon and to identify gaps. That resulted in a set of recommendations to changes to City regulations and internal practices. Those were reflected in ten strategies the council reviewed at the last work session. Mr. Bj0rklund said that Strategy A, Create a New Salmon Habitat Protection Overlay Zone, was the recommendation for new regulation, but staff was recommending that be deferred pending further outreach to the public. He recalled the council's direction to staff when the Endangered Species Act (ESA) Work Program was adopted, which was to make sure that all parties were brought to the table before new regulations were presented to the council. Mr. Bj0rklund noted the City's parallel work on the Natural Resources Study, which overlapped the areas affected by the salmon overlay district described in Strategy A. Staff was postponing outreach on the overlay district so that the City did not confuse people with multiple outreach efforts while outreach was occurring on the Natural Resources Study. He noted that the district was not currently on the work program and work would not begin until fiscal year 2004. Mr. Bj0rklund asked for council concurrence that staff was going in the right direction with the implementation of the other nine strategies, with the acknowledgment that the regulatory proposal would follow after more public outreach. Mayor Torrey called for council comments and questions. Mr. Meisner commended the staff materials and said that the recommendation actually represented a long-term strategy to achieve a solution. He believed it was safe to say that the City was seeing a steady erosion of environmental protections from the current administration. He asked what happened if the species was delisted. Mr. Bj0rklund said the effect of a species delisting would be to remove the mandate to protect the fish. It would then be a local option as to whether the City would want to protect the fish habitat. Mr. Meisner suggested the possibility the City could be acting in isolation. Mr. Bj0rklund did not think the Oregon Plan would go away if the salmon was delisted by the federal government. That plan called for the protection of important habitats. There was still a State framework for protecting the salmon, but there would be no federal law prohibiting harm to the fish in its habitat. Responding to a question from Mr. Meisner, Mr. Bj0rklund said he understood there was administrative pressure to eliminate federal habitat restoration funding funned through the states to the local levels. He believed that there would still be Oregon Watershed Enhancement Board funds available from other sources even in the absence of those funds. Regarding Strategy A, Ms. Taylor was disappointed the City could not do habitat protection now because she feared that in the interim, important habitat would be destroyed. She wanted to speed the process. She asked for clarification about the PTH (potential tree height) and Mr. MINUTES--Eugene City Council February 10, 2003 Page 4 Work Session BjOrklund clarified that, when the transition zone was added to the setback, the total distance equaled the height of the typical black cottonwood, or potential tree height. Ms. Taylor asked if the City could partially protect the salmon habitat in the year before it adopted the regulatory strategy. Mr. BjOrklund said that the City owned more than half the land that would be affected by the strategy, so through its own measures it could provide some protections. He pointed out that the greenway permit process provided for some additional interim protections. In addition, any project in the area that would require a federal permit or federal funding would have to go through review with NOAA Fisheries. Ms. Taylor confirmed with Mr. BjOrklund that if the City could speed its stream corridor acquisition, that would help. Mr. Kelly endorsed the staff-proposed motion as consistent with the council's unanimously adopted resolution. Mr. Kelly applauded the attention given by staff to the integrated pesticide management strategy. He said that the City should do what it can in that area to educate the public about the proper practices to use in pesticide management as there was only so much it could do alone. Mr. Kelly said that it appeared that some of the implementation actions related to water quality management from the City's Comprehensive Stormwater Master Plan (CSWMP) had slipped and hoped that those were picked up on. Regarding the salmon overlay zone, Mr. Kelly wanted the City to do what it could to protect its own land before the zone was officially in place. Mr. BjOrklund indicated that staff would do that through examination of its management plans (strategies D,H). Mr. Kelly said it appeared the design of the overlay zone was a compromise that had flexibility for application on a site-specific basis. He appreciated that flexibility. Mr. Pap8 commended the staff work. He noted that the fifth action item related to Strategy A discussed not deepening or widening channels, but such work was proposed at Delta Ponds. Mr. BjOrklund clarified that the text referred to the formal maintenance program the City had, not a restoration scenario. He said that when staff got to the point of drafting text, he would keep that in mind. Referring to page 14, Mr. Pap8 asked why planning and designing activities for public projects were not evaluated. Mr. BjOrklund said that was because they were not ongoing activities, but one-time activities, such as planning for a street or nodal development. They were more of a "ground-up" design approach, and staff believed that those activities' outcome was more important that the activity itself. If the City had evaluated those activities, it would have considered such things as use of paper and electricity, as opposed to the outcome of the work itself. He confirmed that staff had circulated a draft document that would guide a project manager in evaluating a project at its inception in terms of potential impacts, both positive and negative, on salmon habitat. Mr. Pap8 questioned how the City could afford to monitor open space for invasive species given other service demands. Mr. Carlson responded that the City was using all available resources to MINUTES--Eugene City Council February 10, 2003 Page 5 Work Session address the problem, including City and County work crews, youth corps, volunteers, and its own staff. All the strategies, in particular that one, would be dependent on resource availability. He said that there were many different ways to attack the problem, including the recommendation for adoption of a list of such species. That would discourage citizens from planting those species. Mr. Pap8 suggested the City had no money for Strategy I, Conduct a Willamette River Floodplain Acquisition Study. Mr. BjOrklund indicated the likelihood that federal funding would be sought for the study as it fit well with other resource priorities. The City did not have to come up with its own funds to realize the strategy. Mr. Pap8 determined that most such requests required matching funds, and expressed concern about funding such expenditures as opposed to funding social programs. Mr. Carlson indicated that such matching funds would come from such sources as the Parks and Open Space bond or the Stormwater Program. The City did not use General Fund dollars to match federal dollars for such activities. Ms. Bettman noted that the council received testimony expressing concern that the diversion of water into Delta Ponds could potentially lower the level of the Willamette River and raise its temperature. She asked if the City could be liable if that occurred and habitat was harmed. Mr. BjOrklund did not think the flow diverted to Delta Ponds would have any measurable impact on the river. Ms. Bettman asked if other communities beside Portland had adopted salmon-related setbacks. Mr. BjOrklund indicated he would follow up on the question. Ms. Bettman questioned why the City did not adopt Strategy A for its own property. Mr. BjOrklund said that the cost of going through the process did not buy the City protection it could not provide on its own. He did not think going through the adoption process twice was cost-effective. Ms. Bettman asked how the council could know that the actions associated with Strategy A, if not written down anywhere, were being applied to projects such as the courthouse project. Mr. BjOrklund clarified that the courthouse property did not belong to the City and he did not believe it would physically be affected by the overlay district. The immediate courthouse neighborhood and the waterfront could be affected by those actions. Ms. Bettman questioned how the council could know what was being done. She expressed concern about the impact of parks-related facilities such as the dog park and boat launch on salmon habitat. Mr. BjOrklund said that the nonregulatory strategies being proposed included direction to staff to reexamine the management strategies for all City-owned lands along the river and amend them to ensure they were consistent with the needs of salmon habitat. He anticipated that some of the work could begin in the next fiscal year; some might have been started already. Ms. Bettman expressed concern that the City's failure to implement all the strategies, specifically the overlay zone, now would open it to liability. In addition, there could be lawsuits against private property owners who destroy habitat, and she asked if the City would have liability for that as well. Mr. BjOrklund said there was case law where cities were held liable for not regulating harmful activity. Proving harm to salmon was a fairly significant threshold. In the absence of dead fish, one must have compelling evidence to prove harm. He believed that the City's examination of its regulations and practices together with its habitat analysis argued against its being held liable, particularly if it managed its own land in a salmon-friendly manner. Responding to a question from Mr. Poling regarding property owner notice, Mr. BjOrklund said that notice would be sent to all property owners stating the potential of the limitations associated with MINUTES--Eugene City Council February 10, 2003 Page 6 Work Session the overlay zone and providing information on staff contacts and the public outreach being planned. Mr. Poling determined City-owned land would be held to the same standard as private land. He asked if the new regulations would preclude the construction of bicycle paths. Mr. Bj0rklund believed trails would be allowed, but their impact would be examined. Mr. Poling asked if the City was implementing anything to mitigate the loss of land taken out of the inventory for use as a setback. Mr. Bj0rklund said an analysis of the impact on the buildable lands inventory would be required by the State. Mr. Poling expressed appreciation that the City was basing its setback s~zes on both science and political reality. Ms. Solomon indicated her questions had been answered. In reference to the floodplain study mentioned earlier by Mr. PapS, Ms. Nathanson noted that the Mayor's Parks and Open Space Committee had recently heard a presentation on the Lane Council of Governments' Rivers to Ridges Project which emphasized the integration between many ongoing efforts; those efforts would complement each other and help the community achieve multiple objectives. She asked to what extent Eugene drew on University of Oregon expertise in developing the plant list. Mr. Bj0rklund said the City received some such assistance, but there was considerable expertise on the issue on the part of other groups like the Native Plant Society and the Oregon Department of Agriculture. He indicated the City would welcome input from the University. Ms. Nathanson referred to the strategy related to pesticide management and asked to what extent Eugene worked with other public agencies to manage weeds, citing specifically the two school districts, Eugene Water & Electric Board, the State, and the County. Mr. Bj0rklund said that the strategy would establish internal City policy. The invasive and native plant lists were intended to be outreach tools. He anticipated the City would be communicating with other agencies, and noted that School District 4J had strong policies regarding pesticide use. Ms. Nathanson said that the lists could positively influence someone working for a public agency. Mr. PapS, seconded by Ms. Bettman, moved to extend time for the item by five more minutes. The motion passed unanimously, 8:0. Mr. PapS, seconded by Ms. Nathanson, moved to direct staff to implement strategies B through J as described in the memo and attachments dated October 16, 2002, and to bring back Strategy A for City Council review and initiation as part of its review of the fiscal year 2004 Planning Commission work program. The motion passed unanimously, 8:0. 1. WORK SESSION: Proposed Revision to Eugene Code Concerning Elections The council was joined for the item by Deputy City Recorder Kate Fieland. Ms. Fieland highlighted major significant changes in the ordinance, which she characterized as housekeeping in nature. Mr. Pap~ asked City Attorney Glenn Klein if he should declare a conflict of interest. Mr. Klein said no. MINUTES--Eugene City Council February 10, 2003 Page 7 Work Session Mr. Kelly commended the work done by staff and said it would provide additional clarity to candidates, the staff, and the public. Referring to page 2 of the ordinance, Mr. Kelly asked the purpose of adding new Subsection 8, related to when an office holder took office. Mr. Klein clarified that the issue arose around the Eugene Water & Electric Board positions and how the City Attorney's Office interpreted the charter. It was intended as a clarification. Referring to page 6 of the ordinance, Mr. Kelly called attention to the text stating that a referendum or initiative took effect on the mayor's proclamation; he asked what happened if the mayor failed to make that proclamation. Mr. Klein said that a court would order the mayor to do so as another section of the code made it a mandatory act. Referring to page 5 of the ordinance, Ms. Bettman asked why in part of the section business days were used and in another section calendar days were used. Mr. Klein said that the text was consistent with the current code, which was the only reason that the references were the same. He said that the council could change the reference to business days. He did not recommend calendar days. Ms. Bettman favored five business days. Ms. Solomon agreed. Mr. Poling called for consistency in whatever reference was used. Referring to Section 9.965, Mr. Pap~ determined from Mr. Klein that a homeless person could run for public office if he or she resided in the city at least 50 percent of the time. Mr. Pap~ suggested that the reference to residence be changed to a specific number of days prior to filing, representing one-half year, and a specific number of days every calendar year. Mr. Klein indicated he would take the suggestion under advisement. Regarding Section 2.966(8), Elections - Officers, Mr. Pap~ determined from Mr. Klein that the section did not conflict with Section 21 of the charter. Mr. Klein determined that a majority of councilors supported the use of business days as opposed to calendar days. Mr. Kelly requested a calendar comparison. Ms. Bettman determined from Ms. Fieland that the mayor issued a proclamation after every election, which was then posted on public bulletin boards. The meeting adjourned at 7 p.m. Respectfully submitted, James R. Carlson City Manager pro tem MINUTES--Eugene City Council February 10, 2003 Page 8 Work Session (Recorded by Kimberly Young) MINUTES--Eugene City Council February 10, 2003 Page 9 Work Session