HomeMy WebLinkAboutCC Minutes - 09/22/03 WS MINUTES
Eugene City Council
Work Session
McNutt Room-City Hall
September 22, 2003
5:30 p.m.
COUNCILORS PRESENT: Bonny Bettman, Betty Taylor, David Kelly, George Poling,
Jennifer Solomon, Scott Meisner, Nancy Nathanson
COUNCILORS ABSENT: Gary Pap~
Mayor James D. Torrey called the meeting of the Eugene City Council to order.
A. Items from the Council, Mayor, and City Manager
Mayor Torrey, noting he had received many messages from people who did not want the new
federal courthouse, invited councilors to share their comments on building a new federal
courthouse in Eugene.
Mr. Kelly stated he supported the courthouse project and was astonished at the recent General
Services Administration (GSA) announcement. He thanked the mayor for his outreach to
Oregon's congressional delegation and hoped the GSA would respond positively.
Mr. Kelly expressed appreciation to the Parks and Open Space staff for the new parks system
map and to Downtown Events Management, Inc. and volunteers for a very successful Eugene
Celebration.
Mr. Kelly asked for a status report on the Eugene area neighborhood analysis that was to be done
by Neighborhood Services staff, using the 2000 Census data.
Ms. Bettman echoed Mr. Kelly's thanks for the Eugene Celebration. She expressed hope that
next year there would be more venues for senior citizens. She said she had recently attended a
meeting of the Far West Neighborhood Association where concern over the Westmoreland site
zone change was expressed. She asked the City Manager's Office to provide her with
information on how the association could be more informed about and involved in the zone
change process.
Referring to the new federal courthouse project, Ms. Bettman paraphrased remarks from a
member of the Police Commission and Human Rights Commission, who stated, on an unrelated
topic, ~just because we are enthusiastically supportive doesn't mean they don't need to be
accountable." She said the City had been supportive of the project in terms of providing
transportation infrastructure, planning resources, and fulfilling the City's part of the agreement.
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She did not think the outcry over lack of a ramp to the courthouse translated into lack of
community support.
Ms. Taylor stated she supported the courthouse project. She agreed with earlier remarks that the
Eugene Celebration was wonderful and well-attended. She asked if the meeting with Lane
County to discuss issues relating to replacement of the Transportation System Maintenance Fee
(TSMF) had been scheduled. Assistant City Manager Jim Carlson replied that there had been a
preliminary meeting to prepare for a joint meeting that was expected to be held in October. He
said the County commissioners were not planning to discuss the issue until October 1, 2003.
According to Mr. Carlson, a joint meeting of representatives from the 12 Lane County
jurisdictions was planned for the end of October. He said staff was preparing information to
assist County commissioners to understand the issues and financial impacts.
Ms. Taylor expressed her willingness to be the City's representative at the late October meeting
of all jurisdictions.
Mr. Poling reported he had attended a Harlow Neighbors meeting and there was a lengthy
discussion of the Willakenzie site, with several questions regarding Parks and Open Space. He
thanked Sarah Medary, Parks Maintenance Manager, who was present and answered questions,
for her participation.
Mr. Poling also expressed support for the courthouse project and hoped the City would continue
to work with the GSA, the community, and the federal government to keep the courthouse in
Eugene.
Ms. Nathanson thanked City staff and partners for a very successful collaboration that jointly
funded and managed wetlands and natural areas, in some cases in close proximity to developed
neighborhoods. She said it received very favorable comments from the Bureau of Land
Management officials who visited the City recently.
Ms. Nathanson expressed shock over the GSA's questioning of the City's commitment to the
courthouse project. She said the City had demonstrated its commitment by purchasing the land,
assisting a business to relocate, clearing the site, and supporting ongoing planning activities to
develop the neighborhood around the courthouse, including transportation issues.
Mr. Meisner agreed with Ms. Nathanson's remarks and noted the several community
organizations that had actively participated in the City's planning efforts. He said observed that
many of the transportation improvements in the courthouse area would be paid for by federal
funds. He stated the City had demonstrated its commitment and continued to demonstrate its
support for the new federal courthouse project.
Mr. Meisner thanked the many volunteers at the Eugene Celebration, which had record
attendance. He expressed hope that the joint session planned with the County to discuss TSMF
would also explore the subject of combining Public Works Maintenance operations for efficiency.
Mr. Carlson reported that the courthouse site was ready to transfer to the GSA. He said the City
had requested more specificity from GSA officials on the nature of their concerns regarding the
City's commitment to the project. He explained the site package for Fire Station 1 had been
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awarded, the property had been fenced, site remediation was completed, and demolition would
begin shortly. He estimated the site would be ready for new construction in 60 days.
Mayor Torrey added his congratulations for a successful Eugene Celebration. He said he had
written letters to both the director of the Eugene Celebration and the athletic director for the
University of Oregon and urged them to schedule events on different weekends to avoid conflicts
between the Celebration and home football games.
Mayor Torrey stated that he had recently been contacted by people who were concerned that
children were able to see people accessing web sites with adult content on library computers. He
asked staff to provide him with information on what was being done to ensure that children were
not exposed to that material. He asked Ms. Solomon whether she supported the courthouse
project. She replied that she did support it.
B. WORK SESSION: Annual Meeting with the Human Rights Commission
James Dean, Chair of the Human Rights Commission (HRC), introduced members of the
commission who were present: Marcy Middleton, Sheila Coats, Mary Martinez-Wenzl, Sara
Rich, Neil Van Steenbergen, Dwight Souers, and Andrea Ortiz. Mr. Dean referred to the
document Eugene Human Rights' Program Annual Report and 14Zorkp/an, which contained a
report on activities for the period November 2001, to August 2003, and a proposed work plan for
fiscal year (FY) 2004. He said members of the commission would highlight some of the HRC's
accomplishments over the past 18 months.
Ms. Coats stated that the HRC believed it was important that some effort be made to educate the
community regarding the stereotypes oftransgendered people in a collaborative process with
community organizations.
Ms. Ortiz, who also was a member of the Police Commission, reported that the HRC is discussing
with the Police Commission ways with which both bodies could assist the Eugene Police
Department to affect cultural change within the department.
Ms. Martinez-Wenzel said there were no current ;;grass roots" organizations tracking extreme
hate activities in the Northwest. She said the HRC was working with law enforcement and
community groups to eliminate hate crimes. She noted the Community Alliance of Lane County
had recently revitalized its anti-bigotry program in response to a resurgence of hate literature in
Eugene.
Mr. Van Steenbergen indicated the Human Rights Support System (HRSS) was in its seventh
year and had 25 advocates. He said there were over 200 cases in the report period and the
program represented a success story in addressing issues of discrimination, harassment, and
conflict. He said cases brought to the HRSS included discrimination or harassment in public
accommodation, housing, employment, and complaints against the Police Department. He noted
that advocates were often able to mediate police complaints and defuse the situation, which
benefited the department and the community. He said that advocates were trained to work with
monolingual, Spanish-speaking people in the municipal court system and a program was being
developed in collaboration with the Domestic Violence Council to train advocates to work with
survivors of domestic violence.
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Ms. Nathanson remarked that the commission's annual work program was expansive and asked if
it was sufficiently flexible to allow the commission to address emerging issues. Ms. Ortiz said
she felt the work program was inclusive of those issues about which commissioners were
passionate. Mr. Dean responded that the work plan had been pared down over the past few years
due to staff reductions, and the commission was also sharing the work load on some projects with
Lane County and community organizations.
Ms. Nathanson asked if the commission would be willing to prioritize work program items in the
event that additional budget cuts required the scope of work to be further reduced. She expressed
appreciation for the commission's efforts to share responsibility for some program elements with
other agencies and asked for examples of those at a future date.
Mr. Meisner echoed Ms. Nathanson's request for more information on programs that had been
successfully shared or %pun off" to other agencies. He noted several items in common in the
work plans for the HRC and Police Commission and expressed hope that staff resources could be
efficiently used and efforts of the commissions would not duplicate each other. He asked what
impacts the commission perceived State budget cuts to social service programs. Mr. Dean said
the commission had been contacted by individuals who were concerned about loss of benefits.
Mr. Van Steenbergen replied that the HRC and Police Commission, at a September 11, 2003,
meeting, established an ad hoc committee to explore efficient ways to work together on police
interaction with the community.
Ms. Bettman thanked commissioners and subcommittee volunteers for their work on behalf of the
City. She said it was difficult to quantify results or measure the impact of the commission's work
because it was proactive and preventive in nature and not as tangible as a construction project.
She sympathized with the commission's efforts to accomplish its work program with reduced
staff resources. She asked commissioners for their opinions onthe characteristics of candidates
the council should consider when filling HRC vacancies. She also asked if the commission's
work program was based on a model from another community and how it compared to work
being done, in terms of volume, in other cities.
Ms. Ortiz stated she would like to see better representation of youth, both on the HRC and other
boards and commissions. She said the HRC's Human Rights Support System was used as a
model in the Bethel School District for conflict resolution and PeaceHealth was using the HRC's
diversity program as a model. Mr. Dean agreed that the support system was a unique
accomplishment for the commission and the model was being shared with many other
jurisdictions and agencies.
Mr. Van Steenbergen said that there were profound human rights issues facing the nation and the
community and commissioners would continue to work on improving strategies and skills to deal
with those issues. He said the commission's work in the community was often invisible because
it was preventive in nature, but provided critical services to the City and to the public.
Mr. Kelly commented that he had been the council's representative on the HRC since January and
said it was an honor and pleasure to work with such a passionate, committed, and informed
group. He also expressed pleasure with the quality of staff support provided to the commission.
He described the thorough and deliberative process the commission used to develop the work
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plan being proposed to the council for adoption. He said those activities in the work plan were
selected by the commission following extensive prioritization of many potential activities.
Ms. Taylor asked with what groups the HRC was cooperating on major projects. Mr. Dean
referred to page 26 of the Eugene Human Rights Program Report for a complete listing of
organizations with which the HRC had collaborated. He gave as an example of a collaborative
project the Accessibility Guide Book, which was previously published by the HRC, and was now
being published by the Lane Independence Living Alliance.
Ms. Taylor asked what the HRC saw as the biggest challenge in the next year. Mr. Dean said that
communication and ensuring that all sides of an issue were heard was a major and ongoing
challenge. Greg Rikhoff, staff to the commission, said that a Memorandum of Understanding
signed in early 2002, committed the staff often public agencies to work together on a broad range
of diversity issues.
Ms. Solomon thanked the commission for its report and proposed work plan. She referred to a
news article that reported the HRC as protesting the conviction of Jeffrey Luers for arson of an
auto dealership. She said she had received comments from a number of people who questioned
the commission's involvement in the issue and asked how that fit with HRC's mission. Ms. Rich
said the commission had responded to requests from people in the community to explore the
human rights issues of the Luers case. She said news reports had not accurately presented the
facts and the commission had responded to the length of the sentence given the nature of the
crime compared to other crimes, and not to the crime itself or punishment for it. Mr. Dean added
that the HRC counseled Mr. Luers to use the criminal justice and judicial systems as the
appropriate avenue for appeal. Ms. Solomon urged the commission to use caution in becoming
involved in future situations that were similar in nature.
Mr. Meisner noted that several councilors were troubled by the public response to the Luers
situation and expressed concern over how a similar request from the community in the future
could impact the commission's approved work plan. He asked that the commission inform the
council about its activities and work program progress through periodic updates and when it
considered adding a substantive issue to its work plan. He said that candidates for the HRC each
came with a particular area of interest or expertise and asked for advice from commissioners on
the types of candidates the council should consider.
Ms. Martinez-Wenzl suggested more representation from gay, youth, and Asian-Pacific American
communities, as well as people who were sensitive to issues of race, gender, and domestic
violence. Mr. Meisner said it was important to determine whether the council should consider
members of, or advocates for, particular groups.
Mayor Torrey remarked that designers of the new federal courthouse should have reached out to
people with disabilities in a meaningful way early in the design process. He asked how the City
and the HRC could reach out to members of the community who had an opposing point of view
on some issues that the commission supported and bring them to the table for discussions before a
decision was made. Mr. Dean replied that it was often a challenge to identify opposition before
decisions were made. Using the code revisions as an example, he said there was little stated
opposition during hearings, despite extensive public outreach efforts, and opponents only came
forward when the issue went before the council.
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Mayor Torrey encouraged ongoing efforts to educate the community about gender-identity code
changes, focusing specifically on groups or individuals who expressed opposition.
Ms. Nathanson thanked Mr. Kelly for his explanation of the commission's work plan
development process and thanked commissioners for their accomplishments and service to the
community. She congratulated the commission on the success of its HRSS program and asked
for a list of people assigned as leads on various issues during the coming year.
Ms. Ortiz, on behalf of the commission, expressed thanks to elected officials and City staff for
their support and work on HRC activities.
Ms. Nathanson, seconded by Ms. Taylor, moved to approve the
Human Rights Commission goals and work plan for fiscal year
2004. The motion passed unanimously.
C. WORK SESSION: Proposed Modifications to Metropolitan Wastewater
Management Commission Regional Wastewater System Development Charge Rates
Fred McVey, Engineering Division, Public Works, presented a brief explanation of the proposed
modifications to the regional wastewater system development charge (SDC) rates and
summarized information contained in the agenda item summary packet. He said the
modifications updated existing rate factors, but did not change the SDC methodology, and the
Springfield City Council recently adopted the modifications.
Ms. Bettman cautioned that the settlement agreement in the agenda item packet described the
position of the Lane County Home Builders Association and the Home Builders Construction
Company, but there was no rebuttal from the City to present the other side of the picture. She
asked what the Homebuilders Construction Company was. Mr. McVey replied the company was
a separate entity affiliated with the home builders association that actually constructed homes.
Ms. Bettman cited a portion of the settlement agreement that established a citizen advisory
committee and asked what the composition of the committee would be. Mr. McVey said the
Metropolitan Wastewater Management Commission (MWMC) was committed to broad
representation from the community, representing a diversity of views and interests. Ms. Bettman
stated her concern that the technical nature of the issues would prevent the average citizen from
being selected or serving on the committee.
Mr. Kelly acknowledged the home builders association's willingness to negotiate an agreement,
rather than take legal action. He said the primary question was who paid for the cost of growth,
how the cost was calculated, and what calculation methodology was allowed under State law. He
asked for an explanation of the differences in the dollar amount of new peak flow work needed
between the original and revised versions of Table 8. Mr. McVey replied it reflected an update of
the rolling five-year capital improvement program window used to calculate the current rate and
was also a function of how SDC costs were allocated to particular projects.
Mr. Poling said the MWMC was sending appropriate notifications to the general public regarding
the advisory committee, which would be chaired by Springfield City Councilor Anne Ballew.
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Ms. Taylor expressed hope that staff would be advocates for committee members who
represented the general public to assist them in understanding the issues.
Referring to the distinction between wet weather and dry weather flows, Ms. Bettman asked why
the wastewater system did not base level of service on peak demand, as the transportation system
did. Mr. McVey replied that how demand on the system was measured was a key issue to be
considered during the review. He said multiple capacities to handle different elements of the
wastewater stream were built into the system and the current methodology tried to account for
various capacities, but it was very complex and contentious to determine which capacity was
being charged. He said another key issue was to determine what portion of capacity demands
were allocated to new development and existing system users.
Mayor Torrey adjourned the work session at 6:55 p.m.
Respectfully submitted,
Dennis Taylor
City Manager
(Recorded by Lynn Taylor)
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