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HomeMy WebLinkAboutCC Minutes - 09/13/99 WS MINUTES Eugene City Council McNutt Room--City Hall September 13, 1999 5:30 p.m. COUNCILORS PRESENT: Scott Meisner, David Kelly, Bobby Lee, Nancy Nathanson, Gary PapS, Gary Rayor, Betty Taylor. COUNCILORS ABSENT: Pat Farr. The adjourned September 11, 1999, Eugene City Council meeting was called to order at 5:30 p.m.; His Honor Mayor James D. Torrey presiding. A. Work Session: Ordinance Concerning Erosion Nuisance Abatement; and Amending Sections 2.018, 6.010, 6.080, 6.085, 6.090, 6.100, 6,110 and 6.640 of the Eugene Code, 1971 Les Lyle, Public Works Engineering, introduced the topic and gave background information followed by a PowerPoint presentation describing the current program and staf?s recommended changes. He reviewed the council's options contained in the agenda item summary and said staff recommended option 1 because it will provide the necessary enforcement tools for the upcoming wet weather period and will allow staff to further refine the program changes, with council direction, through the Stormwater Departmental Advisory Committee (DAC). Ms. Nathanson and Mr. Rayor arrived at the meeting. In response to a question from Mr. Lee, Mr. Lyle said staf?s research of erosion prevention programs that may be eligible for 4(d) exemption will include a study of proposed programs in cities such as Tacoma and Seattle, Washington. He added that new federal Endangered Species Act 4(d) rules were expected in November 1999, after which the City would evaluate what changes to its program may be necessary for a 4(d) exemption; possibly modeling our program after Seattle and Tacoma. Mr. Lyle reviewed the proposed time line, with an effective date set for January 1, 2000 for the intermediate program changes and October, 1999 for the nuisance abatement code changes. Addressing a question from Ms. Taylor, Mr. Lyle defined a "sensitive area." In response to a follow-up question, Mr. Lyle described enforcement tools contained in the ordinance, including cost recovery should the City be forced to do the abatement. The City would bill for the full cost if it did the abatement and place a lien on the property. In addition, the City could levy a civil penalty. Mr. Pap~ noted the great increase in fines. Mr. Lyle said the fines would primarily apply to egregious and repeat violators. Education and voluntary compliance were going to continue to be the primary tools staff would use. Minutes--Eugene City Council September 13, 1999 Page 1 5:30 p.m. Mr. Kelly acknowledged the importance of the erosion program and thanked staff for bringing the proposal before the council. He urged implementation as soon as possible. Mr. Lee praised staf?s work and wondered if the proposed ordinance was consistent with what was being done at the federal level. Mr. Lyle indicated that the one-acre permit threshold was consistent with expected requirements from EPA for stormwater NPDES permits; however, the City was not proposing further program changes due to the uncertainty of what other changes the EPA might require. Ms. Nathanson noted that the agenda item summary described this as an outcome-based program yet there are no measures identified in the document. She said one of the reasons for the lack of measures was that the information was not collected. She said she hoped the proposed changes are implemented and that staff collects the information necessary to develop those measures. Mr. Lyle explained the difficulty in collecting measurable information, however, staff intended to enhance its database regarding complaints, permit and non-permit violations, etc. Ms. Nathanson asked about the court system's involvement. City Attorney Glenn Klein said the administrative civil penalty process was adopted for its expediency. He explained that the court process was time-consuming and costly because it required that the City file a lawsuit. Ms. Nathanson called attention to the DAC's ideas listed on page 40 of the packet and wondered if staff would be following up on those. Mr. Lyle said staff planned to address those suggestions and report back to the group. Mr. Rayor pointed out areas of concern with the document, specifically with notification prior to wet weather construction and the expense-based method of determining if erosion controls were required. He expressed support for the DAC's ideas. Mr. Meisner said he was most interested in the program's goals and would leave the details to staff. He said he was delighted about the significant education component of the program. Mr. Meisner moved, seconded by Ms. Nathanson, to approve the scope of changes of the summary abatement and civil penalty/permit provisions; and direct staff to return to the council for a public hearing on the proposed code changes; and direct staff to work with the Stormwater DAC subcommittee to finalize refinements to the proposed program changes. Addressing a question from Ms. Taylor, Mr. Lyle said plots too small to require a permit are nonetheless subject to the program outcomes and penalties. In response to a question from Mr. Pap6, Mr. Klein said violators may appeal a hearings official's decision to the Circuit Court. The motion passed unanimously, 7:0. At Mr. Rayor's request, Mr. Lyle explained the next steps in the process, saying staff would take the council's input to the DAC and refine the program recommendations. He said there would be a separate public hearing for the recommended code changes for enforcement. Staff will return to the council for review and adoption of any code changes necessary for the program recommendations. Mr. Lyle also indicated staff would review section 2.2 of the outcome fact sheet with the DAC. B. Work Session: Bus Rapid Transit Minutes--Eugene City Council September 13, 1999 Page 2 5:30 p.m. Acting City Manager Warren Wong introduced Hillary Wylie and Pat Hocken, members of the Lane Transit District (LTD) Board, and Stefano Viggiano, LTD staff. Ms. Hocken provided an update on the bus rapid transit (BRT) planning process. She reviewed the packet material, noting that LTD was about to embark on an environmental assessment of phase 1 of the pilot corridor, which will run from downtown Springfield to downtown Eugene. She thanked the council for its support and expressed appreciation for the City staf?s participation in the project. Mr. Viggiano described the design work to date, including photo simulations of some sites in Springfield, Glenwood, and Eugene. He said the trees in the median along Franklin Boulevard were found to be in good condition, but not of the appropriate type for the site. Mr. Viggiano said a decision would have to be made to either replant or interplant the site with more appropriate trees. He identified the removal of on-street parking as a major impact but said staff has been communicating with effected parties to mitigate the problem. Projections of ridership and travel times were difficult he said, because there are no current models from which to draw. Mr. Viggiano said the benefits of this type of system are greater over time. An immediate benefit is that it will be about 20 percent faster than the current system, increasing to 40 percent by the year 2015. He described the next steps: environmental assessment; additional technical analysis; and researching a neighborhood service (intended as a system with small buses that connect people to the main BRT routes and areas within the neighborhood such as schools). Mr. Viggiano noted the ambitious schedule, with those steps to be completed in the next eight months. He acknowledged the possibility of delays for several reasons, not the least of which would be having to do a full environmental impact statement (EIS) instead of an assessment. Mr. Meisner expressed excitement about the project and emphasized that the neighborhood connections were extremely important. He noted great support from the federal government. He said it was important to remember that this was just a pilot corridor, with more to follow later. Addressing a question from Ms. Nathanson, Ms. Hocken said LTD was counting on the council to support BRT as one of the elements of the adopted TransPlan but if citizens contacting them have other LTD issues to discuss they should be referred to LTD. Ms. Nathanson wondered how the interface at the intersection of Kincaid and 1 lth Avenue would work. Mr Viggiano explained that BRT would require a redesign of some of the infrastructure, adding that the project includes installation of a signal light at the intersection. Ms. Nathanson asked if this was seen as an opportunity to move utilities underground and wondered if there had been any collaboration to seize the opportunity. Mr. Viggiano referred her to Goal 5 for the pilot corridor, which includes aesthetics. He said LTD's goal was to develop a project that enhances both transit and other travel modes and aesthetics in the community. Mr. Kelly supported the project but said his biggest concern was that the BRT's goal of putting into place the right-of-way for future light rail service was jeopardized by putting in a single guideway for the buses. He echoed Mr. Meisner's comment about the neighborhood service being critical. He urged LTD to consider other options for addressing the loss of on-street parking. Mr. Kelly suggested including a bullet about minimizing tree loss in the Goals and Implementation Guidelines, particularly if the document is widely distributed. Mr. Rayor asked to have all the alternatives considered by LTD brought before the council, not just the preferred ones. He also asked for more detail in the spreadsheet; smaller increments of the corridor for more detail, particularly on the impacts; and written responses to the questions raised by the council and staff at this session. Finally, he said, he wanted ensure that bikes, baby strollers, and the like can be easily accommodated on the new buses. Minutes--Eugene City Council September 13, 1999 Page 3 5:30 p.m. Mr. Papd wondered if the tree removal would require a vote under the City's charter amendment. Mr. Viggiano said he would research the issue. Mr. Papd suggested both the board and staff embark on a marketing campaign to gain public support. Mr. Lee said he would be very concerned if BRT was not faster then "mainstream traffic." He emphasized the importance of transportation access to development, urging consistency with the City's growth management plan and other goals. Mr. Lee ascertained that only about 20 percent of riders were cash customers, all others belong to group pass organizations. Mr. Lee wondered if there was federal support for other phases of the project. Ms. Hocken said it was important to keep the project in the forefront of those vying for federal dollars and this community was in a very good position for more funding. Mr. Lee said he hoped the project would not be as problematic for commuters as the Ferry Street Bridge project Ms. Taylor said the project should not go forward unless there was a public need/demand for it. She wondered how important it was to people to travel faster and how many would be willing to walk additional distances to the less frequent stops. Ms. Taylor said she hoped the buses would not be use for advertising. She asked if there was any chance that the service would be free. Mr. Viggiano said no change in fares have been considered. Ms. Hocken said all indications are that congestion in the Eugene-Springfield will increase tremendously and the public will appreciate BRT then. Mayor Torrey said many remained concerned about the parking problem on 11th Avenue and asked Mr. Viggiano to speak to all the businesses located there. He asked if there was no cost to the City for the project. Mr. Viggiano confirmed that there was no cost to the City for the BRT improvements, but there could be City costs for other elements beyond those necessary for BRT. Mayor Torrey wondered if Phase 1 could stand alone, e.g., was this project worth doing if only Phase 1 was possible? He asked about the impact on travel times should LTD have problems with getting exclusive rights-of-way and about ODOT concerns. Mr. Viggiano said Oregon Department of Transportation staff were on both the Steering Committee and the technical committees. Mayor Torrey asked why skateboards were not allowed on buses. Mr. Viggiano said there was no such prohibition. The Mayor urged LTD to answer as many of the questions raised as possible to avoid losing support for the project. Mr. Rayor said he was very supportive of the project, and that was why he preferred to see more dual guide ways. Mr. Kelly said he has been very impressed with the public workshops held thus far. The meeting adjourned at 7:25 p.m. Respectfully submitted, James R. Johnson City Manager (Recorded by Yolanda Paule) Minutes--Eugene City Council September 13, 1999 Page 4 5:30 p.m.