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HomeMy WebLinkAboutCC Minutes - 04/12/99 WS MINUTES Eugene City Council Council Chamber--City Hall April 12, 1999 7:30 p.m. COUNCILORS PRESENT: Scott Meisner, Nancy Nathanson, Betty Taylor, Gary Rayor, David Kelly, Gary PapS. COUNCILORS ABSENT: Pat Farr, Bobby Lee. Mayor James D. Torrey called the council meeting to order at 7:30 p.m. 1.PUBLIC FORUM Mayor Torrey outlined the rules for the public forum. Ray Wiley, 2100 Shields Avenue, stated that he had interviewed 260 visitors to, and residents in the vicinity of, Skinner Butte Park. He presented the following recommendations for improvements to Skinner Butte Park: 1) leave the gate on the road leading to the top of the butte open until 11 p.m., and close the gate at an earlier hour only when deemed necessary by Public Works or the Police departments; 2) establish a "quiet zone" (void of such excess noises as portable or car radios) on the butte; 3) utilize Rotary Club volunteers to greet and provide information to visitors; and 4) modify Lincoln Street to make legal a right turn into the butte area. Glenn Munro, 730 East 44th Avenue, urged the council to allow access to the top of Skinner Butte during late hours of the evening, noting that the gate is almost never closed despite the current stated closure time. In addition, Mr. Munro suggested that closing the gate at 10 p.m., when the park is open until 11 p.m., prevents (for a period of 1 hour) persons with physical limitations from accessing the top of the butte by means other than a vehicle, while allowing such access by persons without physical limitations. He suggested that the council consider this matter in relation to the Americans With Disabilities Act. Sherm Smith, 2018 Morning View Drive, expressed support for leaving the gate on the road leading to the top of Skinner Butte open later at night. He suggested that the City apply "community responsive policing" to ensure safety on the butte. Mr. Smith said this might include hiring a private security company or utilizing community volunteers such as Rotary Club members to provide late-night security on the butte. Larry Mann, 2247 North 10th Avenue, Springfield, identified himself as manager of the Bond Sports Complex for the past year. He requested that council include on a future meeting agenda a discussion regarding the fate of the Bond Sports Complex. Mr. Mann explained that due to the passage of the bond measure which resulted in the Parks Department needing the fields, the fields at the Bond Sports Complex were scheduled to be closed next year; however, he said he MINUTES-Eugene City Council April 12, 1999 Page 1 7:30 p.m. was recently informed by City officials that the fields are now too wet to play on. Mr. Mann stated that the Bond Sports Complex has 20 softball tournaments scheduled this summer. Noting that the City League closed its recruitment period last week, Mr. Mann said Bond players have no other opportunities for team play. Start Kerr, 1951 Holly Street, expressed support for keeping Bond Sports Complex open for one more year. Kristal Martin, 2333 West Irwin Drive, expressed support for keeping Bond Sports Complex open for one more year. She stated that the field has improved dramatically in the past year under the management of Mr. Mann, and with the assistance of numerous volunteers. She stated that closing the complex is akin to erasing the enormous amount of work completed by volunteers. Cierra Mann, 2247 North 10th Street, Springfield, expressed support for keeping Bond Sports Complex open for one more year. She said the past 10 years of playing softball on the fields have left her with good memories. Anna McLennan, 782 West "M" Street, Springfield, stated that Bond Sports Complex has improved considerably under the management of Mr. Mann. Noting that the complex, because it is local, has allowed her parents to attend her softball tournaments, Ms. McLennan urged the council to keep Bond Sports Complex open. Bill Rogers, 3875 Gilham Road, identified himself as a representative of the American Cancer Society. Mr. Rogers stated that the American Cancer Society, which raised $16,000 this year, would like to host a softball tournament this summer for the purpose of raising funds. He urged the council to keep the complex open one more year. Todd Mann, 2247 North 10th Street, Springfield, stated that he both played and worked on the Bond Sports Complex fields. He urged Council to keep the fields open for one more year. Michael Coyote Connelly, 2625 West 22nd Avenue, stated that he has played softball on the Bond Sports Complex fields since it opened. Mr. Connelly explained that he elects not to play on City League teams because the type of softball played at the Bond Sports Complex is "real" softball. He said it is less controlled and "sterile" than City League softball. Noting that softball is a way of life for him, Mr. Connelly urged the council to keep the complex open. Jay Zink, 177 East Anchor Street, stated that he has played softball at the Bond Sports Complex for the past 14 years. He said the condition of the fields has improved dramatically under the management of Mr. Mann. Noting the number of tournaments scheduled for this summer, Mr. Zink asked that the fields remain open for another year. Bill Richie, 310 Pitney Lane #30, said he was speaking on behalf of two men's softball leagues and his own co-ed team. Noting that he chose Bond Sports Complex over all other leagues and groups with which he might play, Mr. Richie urged the council to keep the complex open. Diane Mann, 2247 North 10th Street, Springfield, said she does not understand the politics involved in the closure of the Bond Sports Complex fields. She said she does not understand why the City would eliminate needed softball fields to construct an additional airport runway that MINUTES--Eugene City Council April 12, 1999 Page 2 7:30 p.m. is not needed. Ms. Mann said she is devastated that the fields, which so many people have worked hard to improve, will be destroyed and turned into a runway. Rocky Gothard, 1371 Sunny Drive, read into the record the following letter he wrote to the Secretary of the Department of Veteran's Affairs: "It was nice for you to take time with your busy schedule to visit with our reception in Washington, D.C. last week. Thanks for the praise you gave us for helping with this year's VA Budget. During our conversation, I explained a few problems of the new VA clinic in Eugene, Oregon. First, a state-of-the-art clinic for handicapped- accessible inside, but not outside. Second, we have a waiting list from 250-300 patients with little or no chance to get an appointment until well into the year 2000. Third, our homeless program is feeding 30-60 homeless veterans each day. This is being done with only four chairs, a table, and an additional nine other chairs. I am enclosing a few pictures of the route clients in wheelchairs or on foot have to use. When the clinic was built, something was forgotten: how to get to it. The only route by foot is through potholes or on the road. There are no sidewalks in, just the alley or the driveway. As you can see, that is not good enough for disabled veterans to get in or out. The clinic is less than a year old and already has more clients than the current doctors can handle. The waiting list has been from around 250-320 veterans since December of 1998. We need more staff for this clinic also. When the clinic was built, it was built to handle urgent care. Just one thing, the VA didn't add any full-time staff for this, so the veterans in one of the most populated per-capita counties in the country still have to travel more than 100 miles to Portland or Roseburg hospitals for urgent care. We spend more time and money traveling than we spend getting the services we need. I have been cooking for the homeless program since we opened the new clinic. We feed on the average 30-35 homeless vets each day, peaking at times to 60 or so. We only have one table with four chairs and nine other chairs. This is just not enough room for the veterans to enjoy the lunch. Standing and holding one's plate may fill an empty belly, but is neither comfortable nor appropriate. Sincerely, Rocky Gothard, President of Vietnam Veterans of America, Oregon State Council." Mr. Gothard submitted to the councilors a photo of the clinic and surrounding area, requesting that the City address the access-related issues and that councilors contact the Secretary of the Department of Veteran Affairs concerning the shortage of staff at the Eugene VA clinic. Mr. Kelly requested that City Manager Jim Johnson direct the Public Works Maintenance Division to evaluate the accessibility and overall condition of the access to the VA clinic. Mr. Johnson agreed to do so. Ms. Nathanson echoed Mr. Kelly's interest in referring to the Public Works Maintenance Division the accessibility-related issues raised by Mr. Gothard. In addition, Ms. Nathanson stated that the testimony by Diane Mann confirmed her belief that airline service to Eugene is presently unsatisfactory to many citizens and could be improved with the addition of a runway. With regard to the Bond Sports Complex softball fields, Ms. Nathanson expressed concern regarding the following points: 1) short notice given to Bond Sports Complex; 2) is the City "going back on its word?"; and 3) her experience of the level of use of the fields differs from claims in the materials provided to staff that the fields fail to generate enough use to justify retaining them. Mr. Rayor stated that he was unclear as to the connection between the Bond Sports Complex softball fields and the construction of an additional airport runway. He expressed support for utilizing a straight-forward process to identify and discuss the issues and provide accurate information to the parties involved. Mr. Rayor thanked Mr. Gothard for his testimony concerning MINUTES-Eugene City Council April 12, 1999 Page 3 7:30 p.m. accessibility issues at the new VA clinic and said the City is trying to identify sidewalk sections that are in need of repair and improvement. Ms. Taylor stated that she was sympathetic to both the individuals who want to continue using the softball fields for another year, and those who want the gate on the road leading to the top of Skinner Butte left open later into the evening hours. Mayor Torrey closed the public forum. 2.CONSENT CALENDAR A. Approval of City Council Minutes February 10, 1999, Lunch Work Session February 22, 1999, Dinner Work Session and Council Meeting February 24, 1999, Lunch Work Session February 26, 1999, Goals Process Work Session March 8, 1999, Dinner Work Session and Council Meeting March 10, 1999, Lunch Work Session March 15, 1999, Dinner Work Session and Council Meeting B. Call for a Public Hearing -- Street Vacation for A & K Development (SV99-1) C. Appointment to the Board of Directors of the Lane Workforce Partnership D. Resolution No. 4588, Adopting as Its Ground Rules Eugene City Council Operating Agreements 1999 E. Consideration of Requests to Place Items on the Council Agenda F. Ratification of Intergovernmental Relations Committee Actions of March 18, 1999 Mr. Meisner moved, seconded by Ms. Nathanson, to approve the items on the City Council Consent Calendar. Mr. Meisner asked that item B be pulled from the Consent Calendar. Mr. Kelly requested that items D and F be pulled from the Consent Calendar. Ms. Nathanson asked that item C be pulled from the Consent Calendar. Mayor Torrey noted the following corrections offered by Ms. Nathanson to page 3 of the minutes of March 10, 1999: 1) reword sentence 4 of paragraph 2 to read: "Referring to the City's interest in the new Federal Courthouse, she indicated the primary message was that 'we want to see a project that builds on the successes and enhances the downtown, and contributes to the vitality of the area;'" and 2) in paragraph 4, replace all occurrences of "e-comers" and "e-coming" with "e-commerce." MINUTES--Eugene City Council April 12, 1999 Page 4 7:30 p.m. Mr. Torrey noted the following corrections offered by Mr. Kelly to the minutes of the 7:30 p.m. meeting of March 15, 1999: 1) On page 8, paragraph 5, add the word "although" to sentence 4 to clarify the meaning and correct the grammar. The amended sentence should read: "Mr. Kelly said that although the ordinance included an appeal process, it constituted punishment at arrest;" 2) On page 9, paragraph 1, the 5-3 result is numerically correct; however, Mr. Rayor was incorrectly listed as a "no" vote; 3) On page 11, the final sentence in paragraph 6, replace the word "topic" with the words "recommended fee change." In addition, delete the word "however." Mr. Meisner requested that the pages of the meeting agenda packets be consecutively numbered. Mayor Torrey requested that the council vote on the motion to approve the remaining Consent Calendar items A and E. The motion to approve the minutes, as revised, and consideration of requests to place items on the council agenda, passed unanimously, 6:0. With regard to pulled agenda item B, Mr. Meisner requested a progress report on the traffic calming required as a condition of approval of Phase I, and confirmation that this street vacation, Phase II, is independent of the Phase I traffic calming requirements. Gary McNeel responded that progress has been made on the first phase of traffic calming and discussions have taken place between the City and businesses on Taylor Street concerning Phase II of the street vacation. Mr. McNeel said the Administrative Order for Phase I, the closure of Almaden just north of 4th Avenue and a truck channelizer at 3rd Avenue and Taylor Street, will take place in May. Mr. McNeel stated that if decisions are made that alter the current plan in any way, the City would anticipate meeting with neighbors to discuss those changes. Mr. McNeel confirmed that Phase II of the vacation request is independent from the other requests. Mr. Meisner moved, seconded by Ms. Nathanson, to approve pulled Consent Calendar item B, Call for a Public Hearing -- Street Vacation for A & K Development (SV99- 1). The motion passed unanimously, 6:0. Mr. Meisner moved, seconded by Ms. Nathanson, to approve pulled Consent Calendar item C, Appointment to the Board of Directors of the Lane Workforce Partnership. With regard to the address listed on the application, Ms. Nathanson expressed concern that although the application states that the applicant resides in Eugene, it appears as though the address listed is located outside the city limits. She said she did not know whether this a critical issue with regard to this application. Mr. Johnson stated that the Eugene Code requires that applicants reside within the urban growth boundary. Ms. Walston confirmed that the address listed on the application is not within the city limits, and is not is within Eugene's urban growth boundary. Mayor Torrey suggested that this matter be researched and then addressed by council at the April 14 meeting. Councilors expressed support for this suggestion. Mr. Meisner requested clarification as to whether the applicant simply erred or intended to deceive the council. MINUTES--Eugene City Council April 12, 1999 Page 5 7:30 p.m. Mr. Meisner moved, seconded by Ms. Nathanson, to approve pulled Consent Calendar item D, Resolution No. 4588, Adopting as its Ground Rules Eugene City Council Operating Agreements 1999. Referring to an e-mail he sent to the Mayor, City Councilors, and council staff on April 10, Mr. Kelly proposed the following amendments to Resolution No. 4588: a resolution to approve the proposed operating agreements as council ground rules for 1999. · Section 5 (page 4): Re-word the final sentence to indicate that the request to postpone an agenda item is honored unless a majority of councilors present make the contrary determination. Delete from the final sentence the words "the Mayor or..." Mr. Kelly moved, seconded by Mr. Rayor, adoption of the above proposed amendment. At the request of Ms. Nathanson, Mayor Torrey explained that the final sentence of Section 5 was intended to prevent a councilor from being able to keep an item off the agenda by simply not attending a meeting. He said the language in Section 5 would require a councilor to obtain, outside of meeting time, the support of a majority of council members before an item would be removed from the agenda. Mr. Meisner stated that he did not support the process described by Mayor Torrey. He stated that given his experience that councilors do not abuse the privilege of requesting that agenda items be postponed, he is uncomfortable adopting a system that presumes such requests are somehow wrong. Mr. Meisner said he does not want to adopt a problematic solution to a non-existent issue. Ms. Taylor said she would support the amendment because she sees no abuse of the request to postpone items. The motion passed unanimously, 6:0. · Section 7 (page 5): Propose either deleting the final sentence of the third paragraph from the bottom, or having the author explain the intent of this added sentence and discussing the matter as a council. Mr. Klein explained that the sentence originally stated that the council should not attempt to re-write ordinances. He said the intention of rewording the sentence to state that the council generally should not attempt to rewrite ordinances was to make clear to the public the Council's role with regard to rewriting ordinances. Mr. Meisner stated that the final sentence of paragraph 5 appears to negate the council's authority to revise and adopt ordinances at meetings by suggesting that the council must direct staff to bring back revised ordinances for approval. Mr. Klein said that was not the intention of the sentence; however, given Mr. Meisner's reading of it, he suggested deleting the sentence. Mr. Meisner moved, seconded by Mr. Kelly, to delete the final sentence in the third paragraph from the bottom of page 5, Section 7. MINUTES--Eugene City Council April 12, 1999 Page 6 7:30 p.m. Ms. Nathanson said she would not support the motion to strike the sentence in its entirety. She said the purpose of the sentence was to provide the council with instructions on how to conduct business. She noted that she has witnessed a considerable number of poorly written ordinances and other documents being passed as the result of the council attempting to write by committee. Mr. Papd concurred with Ms. Nathanson. Mr. Kelly offered a friendly amendment to Mr. Meisner's motion. He suggested that the sentence be rewritten to read: "Generally, councilors should give direction to staff and bring back amended ordinances for council consideration." Mr. Meisner accepted the friendly amendment. The amended motion passed unanimously, 6:0. · (Page 6): Typographical correction requiring no amendment: The section entitled "Councilor Request for Staff Assistance" should be numbered 8. · During the March 15 meeting of City Council, Mr. Kelly proposed, and the City Manager agreed, that the "15-minute rule" on staff presentations would be codified; however, such codification is absent from the current draft. Propose the inclusion of the following language: "Except for extraordinary circumstances, the total time for staff and outside presentations on a single agenda item shall be no more than 15 minutes." Mr. Kelly moved, seconded by Mr. Meisner, that the following language be included on page 1, under the "Work Session" section: "Except for extraordinary circumstances, the total time for staff and outside presentations on a single agenda item shall be no more than 15 minutes." Mr. Meisner said he would support the motion because the proposed language codifies what the council has requested of staff. He stressed that the proposed amendment does allow for exceptions in extraordinary circumstances. The motion passed, 5:1; with Mr. Pap~ opposed. · (Page 1): Under "Time of Meetings:" Request an explanation of why the original draft described "regular meetings" and the latest draft describes "formal meetings." "Regular meetings" is a term used several places in the City Charter, whereas "formal meeting" is never used in the charter. The new draft defines the first "formal meeting" of the month as the "regular meeting," thus pointing out that the council has only one "regular meeting" per month. This has charter implications in such sections as election of council president and attendance requirements of the councilors (Section 23). It may also have code implications. Mr. Klein explained that the City Charter requires that the City Council describe one monthly meeting as a "regular meeting." It has been the council's practice to deem its first evening meeting each month a "regular meeting." He said the council can amend Section 2.007 of the City Code to identify the meeting of its choice as the "regular meeting." Mr. Kelly requested that staff bring back to the council draft language of such an amendment. Mr. Meisner moved, seconded by Ms. Nathanson, to add to paragraph 1 of Section 6 on page 4 a third sentence stating that the Intergovernmental Relations Committee is the standing committee of City Council. The motion passed unanimously, 6:0. MINUTES--Eugene City Council April 12, 1999 Page 7 7:30 p.m. Ms. Taylor moved that the City Manager present a monthly oral report to the council, and that sufficient time be allocated for questions. The motion died for lack of a second. Ms. Taylor moved, seconded by Mr. Kelly, that the council make it a practice to engage in pre-convention discussion of issues and formally designate a voting delegate. Ms. Nathanson said it was her experience that votes at most conventions are generally taken at business meetings and are rarely close. She said some items are passed by acclamation. She said she did not think the council could write rules for how to determine who will serve as a voting delegate in advance of a specific convention. Mr. Meisner concurred with Ms. Nathanson. He noted that councilors present reports after attending conventions. He suggested that in the future, councilors notify the council in advance of attending a convention. The motion failed, 1:5; with Ms. Taylor voting "yes." Ms. Taylor moved that the council vote during meetings, rather than by ballot, on commission and committee appointments. The motion died for lack of a second. Ms. Taylor moved that the Consent Calendar include only routine items. The motion failed for lack of a second. With regard to appointments to commissions and committees, Ms. Nathanson said the process used by council has not worked to her satisfaction. She said it is not always clear which applicant should be appointed in a given situation. She requested that staff members and Mr. Meisner evaluate the process. The motion to approve pulled Consent Calendar item D was approved, as amended, by a unanimous vote, 6:0. Mr. Meisner moved, seconded by Ms. Nathanson, to approve pulled Consent Calendar item F, Ratification of Intergovernmental Relations Committee Actions of March 18, 1999. Mr. Kelly moved, seconded by Mr. Rayor, to amend the above motion to change the recommendation for Senate Bill 0070 from "Drop" to "Oppose." Ms. Nathanson stated that she concurred with the recommendation to "Drop." She said Senate Bill 0070 is complex, particularly in terms of its philosophical intent. Ms. Nathanson said she would vote against the proposed amendment and recommend that the council support the recommendation to "Drop." Mr. Rayor said he would support the proposed amendment. Mr. Pap~ said he concurred with Ms. Nathanson's opinion that Senate Bill 0070 is complex and would oppose the proposed amendment. MINUTES--Eugene City Council April 12, 1999 Page 8 7:30 p.m. Mr. Meisner said he would oppose the proposed amendment. He pointed out that given the legislative attitude toward Eugene politics that has been demonstrated in the past, opposing Senate Bill 0070 might result in its overwhelming passage. Mr. Kelly stated that in light of Mr. Meisner's comments regarding the political realities of the legislature, he wished to withdraw his proposed amendment. Mr. Rayor concurred. Ms. Taylor moved, seconded by Mr. Rayor, to amend the original motion to exclude from adoption Senate Bill 442 which increases the penalty for third convictions for driving while under the influence of intoxicants; and punishes by maximum imprisonment of five years, $100,000 fine, or both. Ms. Taylor questioned whether Senate Bill 442 falls under council policy. She stated that increased penalties for driving under the influence of intoxicants have proven ineffective. At the request of Ms. Nathanson, Mr. Black read City Council Policy 6(c)(8). Mr. Papd stated that increased penalties are often effective in terms of getting people into rehabilitation programs. Mr. Meisner stated his opinion that Senate Bill 442 is connected to City Council Policy 6(c)(8). He said he would not support the proposed amendment. The motion failed, 1:5; with Ms. Taylor voting "yes." The motion to approve pulled Consent Calendar item F, as amended to change the recommendation for Senate Bill 0070 from "Priority 1 Support" to "Drop," passed unanimously, 6:0. The meeting adjourned at 9:25 p.m. Respectfully submitted, James R. Johnson City Manager (Recorded by Kim Kunkel) MINUTES--Eugene City Council April 12, 1999 Page 9 7:30 p.m.