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HomeMy WebLinkAboutCC Minutes - 01/25/99 Mtg MINUTES Eugene City Council Council Chamber--City Hall January 25, 1999 7:30 p.m. COUNCILORS PRESENT: Scott Meisner, Pat Farr, David Kelly, Bobby Lee, Nancy Nathanson, Gary Rayor, Betty Taylor. COUNCILORS ABSENT: Gary PapS. Mayor James Torrey called the Adjourned City Council Meeting from January 20, 1999, to order at 7:35 p.m. Mayor Torrey introduced members of Boy Scout Troops 7 and 577 attending the meeting. i. PUBLIC FORUM Mayor Torrey reviewed guidelines for participating in the Public Forum. Charles Biggs, 2405 Willakenzie Road #1, requested that the council remove Item 2-1 entitled "Approve Funding for Low Income Housing Developments" from the Consent Calendar of the meeting agenda and delay making a decision regarding it. He said he was concerned that there had been a lack of participation by Iow-income persons from the area of the development projects in the preparation of recommendations by the Housing Policy Board. He also said that the notification process regarding public meetings in which the recommendations were prepared had been inadequate, and that there had been lack of concern about the impact a concentration of Iow-income housing would have on the area of the proposed Sheldon Village. He said he believed the projects may have met requirements of the law but did not include Iow-income persons in decisions such as selection of sites for the projects. Cynthia Beal, 357 Van Buren, stated that she was owner of the Red Barn Grocery Store and that she was concerned that the City was not adequately prepared to deal with problems which would be created by the impossibility of some microprocessor-controlled operations to function after January 1, 2000. She said that she was co-teacher of a Lane Community College course on Year 2000 preparedness and was a member of the Lane County Year 2000 Steering Committee. She made four requests of councilors regarding her concern: (1) that neighborhood associations be given leadership roles in planning Year 2000 emergency preparedness; (2) that consideration be given to a Lane County Year 2000 Plan she had prepared; (3) that the City become more public about its preparations to address Year 2000 issues; and (4) that councilors attend a forum on Year 2000 concerns sponsored by the Board of County Commissioners on January 29. John Brown, no address provided, stated that he represented a graffiti notification and eradication program sponsored by the Rotary Club and other volunteer organizations. He said he MINUTES--Eugene City Council January 25, 1999 Page 1 7:30 p.m. was concerned that a recent $15,000 City Supplementary Budget allocation to address graffiti problems did not include funding to hire Public Works personnel to work on eradication of graffiti identified by his program. He said that a pad-time position to carry out the eradication with donated paint was necessary. Robyn Ingram, 4370 Willamette Street, asked the council to re-frame its goals and policies to enable decision making which encouraged a restorative and regenerative community. She suggested that policy statements reflect community intentions to (1) preserve and restore the indigenous ecosystem; (2) preserve and enhance places of work as equitable, non-toxic, and filled with natural light and air; and (3) preserve and enhance industrial and commercial opportunities as profitable, non-toxic, and restorative. She read a list of solutions addressing her concerns. Nick Antone, Jr., 512 Honeysuckle Lane, stated that he had been struggling with the City and his neighbors for ten years. He said that a recent incident had been caused by mis- communication between area apartment residents and had led to police attempting to use pepper spray on him. He said the incidents made him upset and were not good for his mental and physical health. He suggested that the City promoted discrimination against him because his requests for assistance were not approved. Jim Forbes, 3800 Vine Maple Road, expressed appreciation for a Contingency Fund allocation approved by the council in 1997 to support the Looking Glass mental health Evaluation Treatment Center. He described how the allocation had been combined with a contribution from Lane County and funds raised from community to provide 24-hour supervision in a safe environment to stabilize the behavior of young people at risk to themselves or the community. He provided copies of a fact sheet regarding the program which were distributed to councilors. 2. CONSENT CALENDAR A. Ratification of Election of 1999 City Council Officers B. Interim Appointments to the Human Rights Commission C. Call for Public Hearing for Street Vacation for South West Comer of Oakmont Way and Sorrel Way D. Resolution calling for a Public Hearing to Consider Proposed Withdrawal of Recently Annexed Properties from Special Districts Resolution Number 4584: A resolution calling a public hearing to consider proposed withdrawal of territories Stuckey, EC EU 98-033; Wise, EC EU 98-24; Halgren, EC EU 98-25; Michaelson, EC EU 98-34; Osbom, EC EU 98-40; Sizemore-Boles, EC EU 98-38; Lujan, EC EU 98-47; Mainstream Housing, EC EU 98-52; Fisher, EC EU 98-54; Cox, EC EU 98-56; Weber-Foote, EC EU 98-58; Deitrich, EC EU 98-46; Gansen, EC EU 99-01) from the River Road Water District and River Road Park and Recreation District; and proposed withdrawal of territories (Hammer, C EU 98-03; Moran, C EU 98-05; Dickerson, C EU 98-06; Bartzat, C EU 98-15; Ameson C EU 98-16; Kempf, C EU 98-17; Marsonette C EU 98-31; King, C EU 98-32; Holvey- Kast, C EU 98-45; Graham, EC EU 98-50; Scott, C EU 98-44; Gibson, EC EU 98-61; MINUTES--Eugene City Council January 25, 1999 Page 2 7:30 p.m. Riviera Baptist Church, C EU 98-43) from the Santa Clara Water District; and proposed withdrawal of territories (Wilson, EC EU 98-59) from the Junction City Water Control District E. Approve Allocation of HOME funds for Interim Financing at Oakwood Manor F. Amendments to the Housing and Urban Development Consolidated Plan G. Approve Allocation of Community Development Block Grant Funding for Nonprofit Capital Projects H. Approve Landbank Site Acquisition I. Approve Funding for Low Income Housing Developments J. Approve HOME Funding for Eugene Home Ownership Assistance Program K. Ratification of Intergovernmental Relations Committee Actions of December 10, 1998 L. Resolution Number 4583: A Resolution Acknowledging Receipt of the Comprehensive Annual Financial Report of the City of Eugene for the Fiscal Year Ended June 30, 1998 Ms. Taylor requested that Items I and K be removed from the Consent Calendar. Mr. Fart requested that Items E, F, G, H, and J be removed from the Consent Calendar. Mayor Torrey requested that Item L be removed from the Consent Calendar. Mr. Fart moved, seconded by Ms. Nathanson, that Items A, B, C, and D on the Consent Calendar be approved. The motion was adopted unanimously, 7:0. Mr. Fart moved, seconded by Ms. Nathanson, that Items E, F, G, H, and J on the Consent Calendar be approved. Mr. Fart stated the items included in the motion were significant because they were enabling actions transferring a very large amount of money into Iow-income housing programs. He said that every day the transfers were delayed Iow-income families would be without adequate housing. He invited Housing and Development Section Manager Richie Weinman to address the council. Mr. Weinman distributed copies of a document entitled "Summary of Proposed Council Actions-- Funding for Housing and Community Development on January 25, 1999." He reviewed information contained in the document regarding affordable housing programs that would be supported through the motion under consideration. Mr. Meisner noted that the proposed reallocation of Community Development Block Grant (CDBG) funds in the motion included grants for projects which involved weatherization of facilities. He asked if the organizations receiving the funds were also receiving assistance from MINUTES--Eugene City Council January 25, 1999 Page 3 7:30 p.m. the Eugene Water & Electric Board (EWEB) weatherization program. Development Division Grants Manager Linda Dawson replied that the organizations had informed the City that the EWEB program was limited to residential facilities. Mr. Meisner said he was concerned that the proposed reallocation of CDBG funds in the motion included a grant of $11,000 to Food for Lane County. He recalled that recent other grants had been made to the same organization and asked that full City support of programs be identified when grants are proposed. Ms. Nathanson said that she was pleased to note that the actions proposed in the motion included support for a comprehensive spectrum of affordable housing programs, a "housing ladder" including emergency shelter and assistance programs to home-ownership programs. Mr. Farr pointed out that the council decision to continue to support affordable housing programs was built on the volunteer and professional work of many dedicated individuals and groups in the community. He expressed appreciation to all who were involved. The motion to approve Consent Calendar Items E, F, G, H, and J was adopted unanimously, 7:0. Mr. Farr moved, seconded by Ms. Nathanson, that Item I on the Consent Calendar be approved. Ms. Taylor asked for a response to the Public Forum comment which had questioned the adequacy of public involvement in the process which had led to recommendations to approve funding for the Sheldon Village and Homeland Iow-income housing projects. John Van Landingham stated that he was chair of the Intergovernmental Housing Policy Board. He said there had been six public meetings of the board, and its subcommittees, where funding for the identified projects was discussed. He said that two errors had been made in the public notice process for the meetings. · No notice of the first meeting had appeared in The Register Guard. When the error was pointed out, the meeting was re-scheduled and held a second time. · An agenda and support material packet had not been sent to the individual who had raised concerns during the Public Forum. Mr Van Landingham explained that the errors had occurred because staffing of the Housing Policy Board and distribution of agenda material were being managed by the City of Springfield, which was not accustomed to the level of public involvement regularly expected in Eugene. Mr. Van Landingham pointed out that the individual who had raised concerns regarding the involvement of Iow-income persons in development of the recommendation had attended five of the six meetings of the Housing Policy Board and had regularly provided testimony, on one occasion extensive testimony. He also pointed out that two members of the Housing Policy Board who represented Iow-income persons had participated fully in its decisions. He said that, in his experience as an attorney with a practice dedicated to supporting the rights of Iow-income persons and the availability of affordable housing, he received few complaints about Iow-income MINUTES--Eugene City Council January 25, 1999 Page 4 7:30 p.m. persons not being involved in planning processes, but regularly was made aware of the lack of affordable housing in the community. Mr. Kelly said that he understood that there was very limited undeveloped property in the area of the proposed Sheldon Village project. Mr. Weinman replied that Mr. Kelly was correct, that the City had purchased the property for its affordable housing land bank because it was appropriately zoned, public transportation was available, and it was near to schools, employment centers, and shopping. He added that there were two neighborhood representatives on the site selection committee which had recommended that the City purchase the property. In response to a question from Mr. Rayor, Mr. Weinman replied that the Sheldon Village site had been in the City's affordable housing land bank for less than a year. Mr. Farr said that he believed public input was important to decisions regarding affordable housing projects and that he believed an appropriate and extensive process had been followed in the situations under consideration. Mayor Torrey urged the council to support approval of the Consent Calendar Item under consideration. He said that it was his experience that residents regularly raised concerns when Iow-income housing projects were proposed for their areas, but that few, if any, complaints were received after projects were completed. The motion to approve Item I of the Consent Calendar was adopted unanimously, 7:0. Mr. Farr moved, seconded by Ms. Nathanson, that Item K on the Consent Calendar be approved. Mr. Kelly expressed appreciation to the members and staff of the Intergovernmental Relations Committee for their work in producing the document entitled "1999 Legislative Policies of the City of Eugene." He urged the council to support the motion approving the policies. Ms. Taylor stated that she wanted to propose changes to the legislative policies recommended for adoption. She suggested that the policies "urge the State to do something about a State system of homeless shelters." She said she believed the problems of homelessness extended beyond the local area and that the State should return to a former practice of providing shelters for persons until they could find suitable housing because giving permission for camping on streets was not adequate. Ms. Taylor moved, seconded by Mr. Kelly, that an addition be made to the housing section of the 1999 Legislative Policies of the City Eugene requesting that a State program of homeless shelters be initiated. Ms. Nathanson said the proposed 1999 Legislative Policies did not contain a specific suggestion to have a State program of homeless shelters because it was a broadly conceived document, but that it did speak to the need for emergency shelter and that the Housing Trust Fund supported the Emergency Housing Account. She said that the document did not suggest, by omission, that shelters were not important. She suggested the policies were often more helpful in describing general directions than in proposing specific solutions to a problem. MINUTES--Eugene City Council January 25, 1999 Page 5 7:30 p.m. Mr. Meisner said that he was inclined to not support the amendment because it could be interpreted to support State-mandated emergency shelters in local areas, or that the State would assume the responsibility for creating and placing shelters after the manner in which new prisons were sited. He said he did not favor either eventuality. Mr. Lee said that he believed the most effective way to address the concern of Ms. Taylor was to have an expert in the field draft legislation regarding homeless shelters. He suggested that a statement in a policy document was unlikely to have significant effect. He recommended that the Intergovernmental Relations Committee discuss and research the issue. Mr. Kelly said that he did not believe homeless shelters were adequately addressed in the proposed legislative policies· He proposed that consideration be given to amending the motion to amend, as follows: ·.. that an addition be made to the housing section of the 1999 Legislative Policies of the City Eugene requesting that '- shelters be initiated the State provide financial support to communities for homeless shelters. Ms. Taylor stated that she approved of the proposal of Mr. Kelly and wished to change her motion in that way because it would make more clear her belief that homeless shelters should be funded by the State. Mayor Torrey determined that there was no objection to Ms. Taylor changing her motion and declared that it had been amended. Ms. Nathanson was sympathetic to the motivation for the motion because it was impossible for an individual city such as Eugene to provide a solution to homelessness for a region. She suggested that the amendment could be implemented by appropriately inserting a phrase indicating support for emergency housing, including homeless shelters. Ms. Nathanson said that the problem with drafting legislative language "on the fly" during public meetings was that unintended consequences could be included. She said the wording of any additions made to the Legislative Policies should be studied thoroughly. Ms. Nathanson said she was concerned that the City's limited resources and current legislative political situation might suggest that efforts to support a particular issue might be better spent elsewhere. The motion to amend the 1999 Legislative Policies to request State financial support for homeless shelters was adopted, 4:3, with Mr. Fart, Ms. Nathanson, and Mr. Rayor voting no. Ms. Taylor noted that the 1999 Legislative Policies stated on page 42 that the 1993 Legislative Session had adopted HB 3661, which revised and weakened the requirements for development on rural lands, and that the City would oppose further revisions. Ms. Taylor moved that the 1999 Legislative Policies be amended to state that the City supported the repeal of HB 3661. MINUTES--Eugene City Council January 25, 1999 Page 6 7:30 p.m. Mayor Torrey determined that no councilor wished to second the motion of Ms. Taylor and declared that it was not under consideration. Mr. Rayor stated that he had not offered to second the motion of Ms. Taylor because he did not adequately understand HB 3661. Ms. Taylor said that she believed the recommendation page 54 of the 1999 Legislative Policies regarding legislation to clarify how and when a law enforcement officer can take runaway youth into protective custody should be changed to include a statement affirming that parents should have more control over runaways. She suggested that dealing with the age at which a child could run away without parents having authority to have them returned was an example of an issue which could be addressed. Intergovernmental Relations Management Analyst Michael Redding reported that the City had requested that a bill be drafted on the subject of law enforcement officers taking runaway youth into protective custody and that Republican and Democratic Legislator co-sponsors for the bill had been arranged. He said it seemed likely current statutes would be changed. He suggested that changes to the part of the policy document being discussed be made quickly. Mr. Lee reported that the bill referred to by Mr. Redding had been drafted with the assistance of attorneys, police officers, and experts in the field and that he would prefer to leave the legislative policy as it was proposed. Ms. Taylor stated that her intention was to add consideration of parental authority to what the City would support. She said that such consideration was already likely and she would drop her proposal to amend the policy. Ms. Nathanson requested that Intergovernmental Relations staff provide a response to Ms. Taylor's question about age and parental authority. The motion to approve Item K of the Consent Calendar was adopted unanimously, 7:0. Mr. Fart moved, seconded by Ms. Nathanson, that Item L on the Consent Calendar be approved. Administrative Services Director Warren Wong explained that the motion was the method for the council to acknowledge receipt of the Comprehensive Annual Financial Report, the summation of all financial activity enabling the City to deliver services. He said that the report contained the auditor's opinion about whether federal and State regulations and council guidelines had been followed. Mr. Wong said that 34 reporting funds were in the Report, including 100 management accounts. He described the size of the City service system. Mr. Wong pointed out that the firm of Price/Waterhouse/Coopers had completed the audit and issued an unqualified opinion on the financial statements, meaning that there were no incidence of non-compliance in the Report. MINUTES--Eugene City Council January 25, 1999 Page 7 7:30 p.m. The motion to approve Item K on the Consent Calendar was adopted unanimously, 7:0. Mayor Torrey asked Mr. Wong to express the appreciation of the council to City financial reporting staff for their excellent work. Mayor Torrey announced that approval of Consent Calendar Item A had officially elected the 1999 Council Officers. He thanked Mr. Fart and Ken Tollenaar for their service in 1998. Mayor Torrey adjourned the meeting of the City Council and convened a meeting of the Urban Renewal Agency. 3. GENERAL PURPOSE FINANCIAL STATEMENT OF THE URBAN RENEWAL AGENCY Mr. Meisner moved, seconded by Ms. Nathanson, to adopt Resolution Number 999: a resolution acknowledging receipt of the general purpose financial statement for the Urban Renewal Agency, a component unit of the City of Eugene, for the year ended June 30, 1998. The motion was adopted unanimously, 7:0. Mayor Torrey adjourned the meeting of the Urban Renewal Agency and reconvened the meeting of the City Council. 4. ASSESSMENTS FOR CONSTRUCTION OF ALLEY PAVING AND STORM DRAINAGE (CONTRACT #98-15)(JOB#3592) City Manager Jim Johnson announced that the council would consider Council Bill 4676, an ordinance levying assessments for construction of concrete alley paving and storm drainage between Emerald and Onyx Streets and East 18th and East 19th Avenues, and Declaring an Emergency (Contract #98-15) (Job #3592). Mr. Meisner moved, seconded by Ms. Nathanson that the Council Bill 4676, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. The motion was adopted unanimously, 7:0. Mr. Johnson announced that the council would consider Council Bill 4676 by number only. Mr. Meisner moved, seconded by Ms. Nathanson, that Council Bill 4676 be approved and given final passage. Mr. Rayor asked for an explanation of the emergency connected with the bill. City Engineer Les Lyle replied that calculation of the assessments related to the ordinance had been made from the date of the current meeting of the council. He said that if the ordinance were to be adopted without an emergency clause, it would not go into effect for thirty days and the assessments would be recalculated from that date, creating a higher rate for property owners. MINUTES--Eugene City Council January 25, 1999 Page 8 7:30 p.m. Ms. Nathanson suggested that use of the term "emergency" was misleading and that the nature of the council action might better be conveyed by the term "expedited." There was no emergency associated with the construction of the improvement. The motion was approved unanimously, 7:0. 5. ASSESSMENTS FOR WILLAKENZIE STORM DRAIN TRUNK LINE (CONTRACT #98-18) (JOB #3546) Mr. Johnson announced that the council would consider Council Bill 4677, an ordinance levying assessments for the Willakenzie storm drain trunk line from a point 160 feet north of Crescent Avenue west of the west boundary of Crescent Meadows Subdivision, North 1,870 feet, and declaring an emergency (Contract #98-18) (Job #3546). Mr. Meisner moved, seconded by Ms. Nathanson, that the Council Bill 4677, 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. Rayor asked whether a property owner included in the Local Improvement District for the storm drain would forfeit any opportunity to raise objections by adoption of an emergency clause. City Attorney Glenn Klein replied that the same appeal procedure applied to an assessment, regardless of whether it was adopted with an emergency clause. The motion was adopted unanimously, 7:0. Mr. Johnson announced that the council would consider Council Bill 4677 by number only. Mr. Meisner moved, seconded by Ms. Nathanson, that Council Bill 4677 be approved and given final passage. Mr. Kelly stated that he was troubled by the definition of a special benefit accrued to Sacred Heart Medical Center by construction of the storm drain trunk line in the project under consideration. He said that subdivision properties adjoining the trunk line are not assessed because they are reported to already be served. He observed that Sacred Head was making the same argument for being served by the Crescent Avenue trunk line. Mr. Lyle stated that the Hearings Official had evaluated that the Sacred Heart property could be served by either the trunk line being constructed or the Crescent Avenue trunk line. He said it had been determined that the property could most efficiently and economically be served by both trunk lines being in place. Mr. Kelly said that it appeared that Sacred Heart had disagreed with the determination of the Hearings Official. He asked why the argument applied to the Sacred Heart property could not be applied to the subdivision property. Mr. Lyle replied that one basis for the determination to apply only to the Sacred Heart property was that the subdivision property was fully developed and the storm drain systems to fully serve it had been fully extended. He said that the Sacred Heart property, on the other hand, was vacant and that the depth and capacity of the existing trunk line was not adequate to serve it or vacant property to its north. MINUTES--Eugene City Council January 25, 1999 Page 9 7:30 p.m. Mr. Kelly said that he had become convinced that the term "special benefit" was used in an exceptionally broad way in the Eugene Code. He said he was concerned that a double standard could be applied and that he believed the council should consider revising the relevant sections. Mr. Rayor asked if there was flexibility in determining assessments for a Local Improvement District. Mr. Lyle replied by noting that the findings of the Hearings Official provided the City Code section and assessment policy for distributing the cost of a project. In response to a question from Mr. Rayor, Mr. Lyle said that he was not aware of whether any appeal of the assessments were planned by Sacred Head. In response to questions from Mayor Torrey, Mr. Lyle said that the Sacred Head property in question was inside the Eugene city limits and that he did not know how it was zoned. The motion to approve and give final passage to Council Bill 4677 was adopted, 6:1, with Mr. Kelly voting no. The meeting adjourned at 8:55 p.m. Respectfully submitted, James R. Johnson City Manager (Recorded by Dan Lindstrom) MINUTES--Eugene City Council January 25, 1999 Page 10 7:30 p.m.