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
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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.
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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)
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