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HomeMy WebLinkAboutCC Minutes - 05/10/99 WS MINUTES Eugene City Council McNutt Room--City Hall May 10, 1999 7:30 p.m. COUNCILORS PRESENT: Scott Meisner, Pat Farr, David Kelly, Bobby Lee, Nancy Nathanson, Gary Papd, Gary Rayor, Betty Taylor. I. CALL TO ORDER The May 10, 1999, Eugene City Council meeting was called to order at 7:30 p.m.; His Honor Mayor James D. Torrey presiding. II. CEREMONIAL MATTERS: TREE CITY USAAWARD PRESENTATION AND OREGON TREE CITY OF THE YEAR AWARD Mark Snyder, Eugene Urban Forester, acknowledged the City for its "truly outstanding commitment to urban forestry and trees." He introduced Bob Johnson, Oregon Department of Forestry, who presented Mayor Torrey with Eugene's 20th annual Tree City, USA award and flag, this year's award specifically recognizes the City's Neighborwoods Program. III. PUBLIC FORUM Larry Mann, 2247 North 10th Street, Springfield, thanked Mayor Torrey for initiating a request to Lane County for use of the Fairgrounds for the Youth Recreation Program. He suggested that the council convene a task group or committee to address the need for a high school girls' softball program as KidSports does not include that group. Mr. Mann cited the need for more facilities and called attention to property near the airport suitable for a 200-foot ball field. Nicholas Antone, Jr., 512 Honeysuckle Lane, Eugene, raised what he described as a "ten-year" problem on Honeysuckle Lane between the City of Eugene and his family and neighbors. He indicated that Greg Rikhoff, City of Eugene Human Rights Program, has filed a complaint against him and urged the council and the Human Rights Commission to address the problem. Charles Biggs, 2405 Willakenzie Road #1, Eugene, commented on Items 5 and 6 on the council agenda this evening. He said it was premature to allocate Community Development Block Grant funding for the two projects since the comment period for the Environmental Impact Statement (ELS) for one and the public comment process for the other have yet to be completed. He asked the council to designate at least .5 acre of the 3-acre parcel for a neighborhood park within the Minutes--Eugene City Council May 10, 1999 Page 1 7:30 p.m. project. Mr. Biggs complained that the survey for rare and endangered plants in conjunction with the ElS was done after a spring mowing, making it difficult to identify the vegetation in the area. Mr. Kelly addressed Mr. Biggs remarks, pointing out that there had been a public involvement process on the Santa Clara site, including a public hearing by the Housing Policy Board in April, with 11 people providing testimony. IV. CONSENT CALENDAR A. Approval of Council: January 20, 1999, Lunch Work Session; March 13, 1999, Goals Process; March 17, 1999, Lunch Work Session; April 12, 1999, City Council Meeting B. Initiation of Metro Plan Amendment Proceedings: Airport Master Plan Update C. Initiation of Refinement Plan Proceedings: Repeal of 1986 Alton Baker Park Plan D. Call for Hearing: Street Vacation at Oakmont Way and Sorrel Way (Albertson's) SV 98-6 E. Ratification of Intergovernmental Relations Committee Actions of April 15, 1999 Mr. Meisner asked that Item A be removed from the consent calendar for corrections to the minutes of March 13. Mayor Torrey noted that he had also received correction requests from the minutes from councilors Kelly, Nathanson, and Taylor. Mr. Kelly asked to pull Item E from the consent calendar. Mr. Meisner moved, seconded by Ms. Nathanson, to approve Items B, C, and D on the consent calendar. The motion passed unanimously, 8:0. Minutes of January 20, 1999. Ms. Nathanson asked that the paragraph, fourth from the bottom of page 6 of the January 20, 1999, minutes be corrected to read as follows: "Ms. Nathanson noted past council discussion about the topic of incorporating expansion space when constructing City facilities focused on cost efficiency and effectiveness in terms of the rent the City paid to house staff in spaces outside the City Hall. Councilors in support of such an approach had believed it could be more cost effective to build more space than needed in the short term as expansion space and offset the cost with reduction in rent payment." There was no objection to the correction. Minutes of March 13, 1999. Mr. Meisner asked that the fourth paragraph on page 4 of the March 13, 1999, meeting be replaced with: "The council took a straw vote in response to Ms. Helphand's asking if it wanted to leave "well-managed" in the goals until it could have further discussion of the term "sustainable." Ms. Nathanson, Mr. Farr, and Mr. Pap6 indicated Minutes--Eugene City Council May 10, 1999 Page 2 7:30 p.m. support for retaining "well-managed." The council majority agreed to revise the goal at this time and to have further discussion about the meaning of the word "sustainable" at a future meeting." There was no objection to the correction. Ms. Nathanson asked that the phrase "City to consume" in the fourth paragraph on page 1 of the March 13, 1999, minutes be changed to "Council to control." She asked that the first sentence in the eighth paragraph on page 3 of the same minutes be changed to: "Ms. Nathanson said that the goal should mention administering or managing as well as planning." There was no objection to the changes proposed by Ms. Nathanson. Minutes of March 17, 1999. Ms. Taylor asked that paragraph 4 under Item IV, on page 3 of the March 17, 1999, minutes be corrected to read as follows: "Ms. Taylor said she could not agree to any plan that did not guarantee saving the land north of the tracks; that the park has harmed downtown; that the river front area is a real treasure and ways should be found to preserve it." There was no objection to the proposed change. Mr. Kelly noted that the bottom of page 7 of the March 17, 1999, minutes did not reflect a vote on the main motion following the vote on calling the question. Mr. Meisner moved, seconded by Ms. Nathanson, to approve Item A, the City Council minutes, as corrected. The motion passed unanimously, 8:0. Mr. Kelly asked staff to improve on the way the Council Committee on Intergovernmental Relations (CCIGR) reports on legislative bills and issues, with some correlation between the minutes and the bills included on the table of bills considered by the group. He added that deferred or dropped bills were not referred to at all. Tim Black, CCIGR Committee staff, indicated that he had received helpful suggestions from Ms. Taylor. He explained that the order of the bills are listed by department. Hereafter, at Ms. Taylor's suggestion, all bill titles will be posted in the minutes along with a page citation for the table. Mr. Farr and Ms. Nathanson pointed out process improvements during the evolution of the committee's work over the years. Ms. Nathanson added that the council can expect slight changes over time due to technological improvements and input. Mr. Meisner moved, seconded by Ms. Nathanson, to ratify the Council Committee on Intergovernmental Relations action of April 15, 1999, and the portion of the actions taken at its May 5, 1999 meeting with respect to a grant application. The motion passed unanimously, 8:0. Minutes--Eugene City Council May 10, 1999 Page 3 7:30 p.m. V. PUBLIC HEAR1NG AND REQUESTED ACTION ON: AN ORDINANCE VACATING A PORTION OF WEST 4TM AVENUE LOCATED WEST OF ALMADEN STREET AND EAST OF FILMORE STREET (A & K DEVELOPMENT-SV 99-1) City Manager Jim Johnson introduced the topic and indicated staff was prepared to make a presentation at the council's pleasure. The council preferred to move forward with the public hearing. Mayor Torrey opened the public hearing. Dong Wade, 126 Arbor Drive, Eugene, identified himself as the owner of the property at 414- 416 Almaden, which abuts the A & K Development site for which a vacation is requested. He indicated that all the problems he had raised earlier with the City have been addressed and resolved by the developer and his attorney. He said he wished to withdraw his earlier objections and urged the council to approve the vacation. Paula Rustan, 1358 West 4th Avenue, Eugene, said she supported A & K's request, the second of two requests by the company. She noted that neighbors raised issues about traffic in the earlier request and the developer addressed those concerns to everyone's satisfaction. Ms. Rustan reported on a neighborhood meeting that generated a list of issues with regard to the current request and the developer and his attorney have satisfactorily addressed those concerns. She noted that the full text of her statement could be found in her May 10, 1999, letter submitted to the Mayor and Council prior to this meeting. Catherine Davenport, 1338 West 4th Avenue, Eugene, called attention to written testimony distributed at the beginning of the meeting, noting it had been signed by 24 neighbors. Ms. Davenport indicated that neighbors had initially objected to the process rather than the issues. She thanked City staff, the developer and his representatives for the efficient and sensitive manner in handling the request. JoAnn deFelice, 1375 West 5th Avenue, Eugene, said she supported A & K's request and asked all parties to continue to work closely to ensure that agreements among the parties are kept. Seeing no others wishing to speak, Mayor Torrey closed the public hearing. Mr. Meisner highlighted the issue as a great example of the "best neighborhood organization" he had ever seen, noting that a few neighborhood leaders organized about 87 people in "a positive, collaborative way." He also credited the developer, Ron Anderson for his part. He said he supported the request and was prepared to vote on the matter this evening. Mr. Lee echoed Mr. Meisner's comments. Minutes--Eugene City Council May 10, 1999 Page 4 7:30 p.m. In response to a question from Mr. Rayor, Kent Kullby, Planning Division, indicated that the ordinance did not deal with anything other than the vacation and did not address the other requirements that had been agreed to by the parties. Addressing a follow-up question, staff said the access reserve strip separated the right-of-way from the private property and will show up in any title report. It is very clear that the City has control over anyone that passes over the reserve strip, which is there to prevent industrial traffic from mixing with residential traffic on 4th Avenue. Staff called attention to additional material in the meeting packet discussing other improvements. Gary McNeel, Public Works Transportation, indicated that the Whiteaker Plan called for designated truck routes and this project will initiate that routing. Ms. Nathanson paraphrased the discussion on the access reserve strip by saying this sets up a legal mechanism for enforcement. Mr. Klein confirmed this, and said the City could choose to build a one-foot brick wall within the strip for better control. The council had no objection to taking action on the matter this evening. The City Manager asked the council to consider Council Bill 4687, an ordinance vacating a portion of West 4th Avenue located west of Almaden Street and east of Filmore Street (A & K Development SV 99-1). Mr. Meisner moved, seconded by Ms. Nathanson, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote. The motion passed unanimously, 8:0. Mr. Johnson asked the council to consider Council Bill 4687 by number only. Mr. Meisner moved, seconded by Ms. Nathanson that the bill be approved and given final passage. Roll call vote. Having received a unanimous vote, the bill was declared passed and became Ordinance No. 20155. VI. ACTION: 1999-00 FUNDING ALLOCATIONS FOR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAMS Mr. Meisner moved, seconded by Ms. Nathanson, to adopt the One-Year Action Plans and use of prior years' funds as presented for the Community Development Block Grant Program, and the One-Year Action Plan for the HOME Investment Partnerships Program. Roll call vote. The motion passed unanimously, 8:0. Minutes--Eugene City Council May 10, 1999 Page 5 7:30 p.m. VII. ACTION: ACQUISITION OF SITE FOR LOW-INCOME HOUSING DEVELOPMENT Mr. Meisner moved, seconded by Ms. Nathanson, to approve the use of $450,000 plus closing costs in federal Community Development Block Grant funds for acquisition of a three-acre site at 2440 Santa Clara Avenue for placement in the Low- Income Housing Landbank Program Addressing a question from Mr. Rayor, Housing Policy Board member John Van Landingham indicated that the nearest park to the proposed site was .5 miles away at the River Road Park District. He added that most of the land in the area is County property but the City annexed 40 acres near Howard Elementary School and 14 of those will be preserved for a park. Mr. Farr emphasized the importance of landbanking sites for affordable housing since the number of appropriate lots is rapidly decreasing. He thanked the Housing Policy Board and those who have worked on procuring such sites. Mr. Kelly spoke in support of the acquisition and shared his concern with the lack of parks in the community, adding that "we are moving in the right direction with the parks and open space measure." Mr. Pap6 said he hoped that as the parks measure is implemented, staff and elected officials will address the problem of parkland within the urban growth boundary, specifically the River Road/ Santa Clara area. Ms. Nathanson said parks in that area have been a problem because there already exists a River Road Parks District supported by residents of that area. Nonetheless, there is a serious equity issue. Parks are supported by taxes so the issue is: Should Eugene City taxpayers fund services for people who benefit but do not contribute their taxes? Mr. Meisner agreed that landbanking is crucial and shared Ms. Nathanson's concern about the issue of equity. He added that City residents could not afford to subsidize those who chose not to annex and benefit from City services. Mr. Kelly expressed appreciation for the council's support of affordable housing. The motion passed unanimously, 8:0. Minutes--Eugene City Council May 10, 1999 Page 6 7:30 p.m. VIII. ACTION: RESOLUTION TO RATIFY FY00 METROPOLITAN WASTEWATER MANAGEMENT COMMISSION BUDGET Susie Smith, City of Springfield Environmental Services Manager, provided the report, noting that the proposed budget was very similar to last year's budget. She pointed out that the Metropolitan Wastewater Management Commission (MWMC) has maintained the same rates for the last five years. Ms. Smith indicated that the commission was operating with a discharge permit that expired in 1997 and explained that until the Department of Environmental Quality dealt with the current application, the commission would continue to operate under the current permit. She said the council should be very proud of City staff for its effort in operations and maintenance under the Intergovernmental Agreement. She praised the effort and highlighted the following: the Eugene-Springfield Pretreatment Program received the 1998 National Excellence Award from the Environmental Protection Agency; in 1998 the Wastewater Division received the American AMSA Platinum Award; and finally, the biosolids have been categorized as "exceptional quality" by federal standards. Peter Ruffler, Wastewater Division Director, reviewed the meeting material on the commission's capital program. Bob Duey, Springfield Finance Director, noted that the City of Springfield has moved from a cash basis accounting system to a modified accrual basis. He explained that effective July 1, 2000, the accrual process would be implemented and for FY99-00, staff will have to recognize 13 months worth of revenues and expenditures. Mr. Duey described the change as "simply an accounting change" that will require the staff to produce a "fair representation" of expenses incurred in June but paid for in July (the year 2000). He said there is a history of this accounting process as the audit reports require this form of accounting. Addressing a question from Mr. Meisner, Mr. Johnson said that the cost of living (COLA) differences for the two staffs had to do with the bargaining units. In response to a question from Mr. Pap6, Mr. Johnson said the City does not treat the wastewater to tertiary standards. Addressing a follow-up question, Ms. Smith said the reason the budget reflects a $10 million expenditure in one year is because the commission is in the process of building a major biosolid de-watering facility so the expenditure creates a blip in that one year. She confirmed that the commission has sufficient reserves to cover maintenance and other capital improvements. Mr. Lee said he was very impressed with the budget, noting the low administration costs. Addressing a question from Mr. Rayor, Mr. Ruffler said the question of capacity of the current plant was complex. He said a 1997 master plan projected sufficient dry weather capacity to about 2015, given the anticipated growth: however, wet weather capacity was expected to start being a Minutes--Eugene City Council May 10, 1999 Page 7 7:30 p.m. problem about the year 2007. The wet weather expansion would be paid for by system development charges (SDCs) and debt financing. Mr. Farr suggested a joint meeting with the commission at the treatment plan similar to one he attended when first elected to the council. Mayor Torrey expressed appreciation for the interjurisdictional effort on the Metropolitan Wastewater Management Commission and asked both Ms. Smith and Mr. Ruffler to extend his congratulations to the two staffs. Mr. Meisner moved, seconded by Ms. Nathanson, to ratify the FY00 Metropolitan Wastewater Management Commission Budget. The motion passed unanimously, 8:0. Ms. Smith ascertained that the council did not need to reconsider or amend the motion to address the change in the accounting method. VIII. ACTION: APPOINTMENTS TO STANDING BOARDS AND COMMISSIONS: BUDGET COMMITTEE, PLANNING COMMISSION, HUMAN RIGHTS COMMISSION, CITIZEN INVOLVEMENT COMMITTEE Budget Committee Mr. Meisner moved, seconded by Ms. Nathanson to reappoint Eleanor Mulder, 2775 Emerald, Eugene, to Position 1 for a three-year term ending May 31, 2002. The motion passed unanimously, 8:0. Mr. Meisner moved, seconded by Ms. Nathanson to reappoint Paul Holbo, 2090 Broadview Street, Eugene, to Position 6 for a three-year term ending May 31, 2002. The motion passed unanimously, 8:0. Mr. Meisner moved, seconded by Ms. Nathanson to reappoint Howard Bonnett, 1835 East 28th Avenue, Eugene, to Position 3 to complete the term ending May 31,2001. Ms. Nathanson recalled Ms. Taylor raising process issues when making motions serially without a fuller council discussion addressing representation. She said the council would have benefitted from a discussion on process before beginning the serial motions. Mr. Meisner agreed that the process needed improvement. Addressing a question from Ms. Taylor, Mr. Meisner said Mr. Bonnett had not received more votes than the others. Minutes--Eugene City Council May 10, 1999 Page 8 7:30 p.m. Ms. Taylor moved to amend the motion by changing Mr. Bennett's appointment to three years. The motion died for lack of a second. In response to a question from Mr. Pap~, Mr. Johnson clarified that Mr. Bennett has served on the Budget Committee for about five years. Mr. Kelly echoed Ms. Taylor's suggestion of a council discussion on appointments following the preliminary balloting. The motion passed unanimously, 8:0. Mr. Meisner moved, seconded by Ms. Nathanson, to appoint Bruce Mulligan, 3056 Hendricks Hill Drive, Eugene, to Position 8 for a three-year term ending May 31, 2002. Mr. Pap~ said he was asked by Mr. Lee to relay his disappointment that he was not reappointed, explaining that Mr. Lee was out of town at the time the interviews were scheduled and was then told that there was not another time he could be interviewed. The motion passed unanimously, 8:0. Mr. Meisner moved, seconded by Ms. Nathanson, to appoint Jack Lucier, 2525 Garfield, Eugene, to Position 4 for a three-year term ending May 31, 2002. Mr. Farr moved, seconded by Mr. Rayor, to amend the motion by replacing Jack Lucier with Steve Lee. Mr. Farr spoke in support of his motion, noting he is in the development field and will add diversity to the committee. Addressing a question from Mr. Rayor, Mr. Meisner indicated that Mr. Lee declined a telephone interview. Ms. Nathansen said she supported the main motion because it best expressed the council majority; however, she was concerned that the process went awry. Mr. Kelly acknowledged the awkwardness of the situation and said he will cast his vote for the best candidate for the committee. The motion failed; 2:6; with Mr. Farr and Mr. Rayor voting in favor. The main motion passed unanimously, 8:0. Minutes--Eugene City Council May 10, 1999 Page 9 7:30 p.m. Planning Commission Mr. Meisner moved, seconded by Ms. Nathanson, to appoint Jon Belcher to Position 1 for a four-year term ending May 31, 2003. Mr. Fart spoke in support of Eric Hall, pointing out that Mr. Belcher's appointment would result in the commission made up entirely from residents of south Eugene. He urged the council to support Mr. Hall's appointment. Mr. Pap~ expressed support for Mr. Hall and provided background information. Ms. Nathanson recalled the interviews for Planning Commissioners and said at least three candidates did very well, among them Eric Hall and Shawn Winkler-Rios, both of whom would benefit the commission. She said the council ought to pay attention to balance to get the wide range of community perspectives. Mr. Meisner said geographic balance is important all things being equal~ however, he believed Mr. Belcher was the best candidate. He indicated he would personally contact the other top candidates to urge them to apply next year for the two positions that will open. Mr. Kelly agreed with Mr. Meisner, adding that geographic balance does not necessarily ensure diversity. Ms. Taylor expressed support for Mr. Belcher as the best qualified for the position. Mr. Rayor also supported Mr. Belcher, adding that he also wished there had been council discussion prior to appointments. Mr. Lee said he spoke with Mr. Hall today to share his vote and urge him to reapply next year. Mayor Torrey asked the council to reconsider ward representation on the commission on a future agenda. In case of a tie vote, he said he would cast his vote for Mr. Hall. Mr. Pap~ said this was an opportunity to correct representation inequity on the commission. Ms. Nathanson said Mr. Meisner's comment about considering diverse viewpoints rather than geographic balance was helpful. Mr. Farr said he will not be disappointed that Mr. Belcher will be serving on the commission, he is disappointed that some areas will not be represented on the commission. Mr. Lee reiterated his support for Mr. Belcher. Minutes--Eugene City Council May 10, 1999 Page 10 7:30 p.m. The motion passed, 7:1; with Mr. Pap~ voting in opposition. Human Rights Commission Mr. Meisner moved, seconded by Ms. Nathanson, to reappoint Jason Thelen, 1629 East 24th Street, Eugene, to Position 11 for a three-year term ending May 31, 2002. The motion passed unanimously, 8:0. Mr. Meisner moved, seconded by Ms. Nathanson, to appoint Will Blasher, Jr., 2364 Augusta Street, Eugene, to Position 5, for a three-year term ending May 31, 2002. The motion passed unanimously, 8:0. Mr. Meisner moved, seconded by Ms. Nathanson, to appoint Sara Rich, 1754 East 43rd Avenue, Eugene, to Position 7, for a three-year term ending May 31, 2002. The motion passed unanimously, 8:0. Mr. Meisner moved, seconded by Ms. Nathanson, to appoint Andrea Ortiz, 189 Foch Street, Eugene, to Position 8, for a three-year term ending May 31, 2002. The motion passed unanimously, 8:0. Mr. Meisner moved, seconded by Ms. Nathanson, to appoint Illisa Rooke- Ley, Eugene, to Position 9, for a three-year term ending May 31, 2002. The motion passed unanimously, 8:0. Citizen Involvement Committee Mr. Meisner moved, seconded by Ms. Nathanson, to appoint David Hinkley, 1308 Jefferson, Eugene, Neighborhood Pool, to Position 3, for a three-year term ending May 31, 2002. The motion passed unanimously, 8:0. Mr. Meisner moved, seconded by Ms. Nathanson, to appoint Nadia Sindi, 628 Wimbledon Court, Eugene, Voter Pool, to Position 4, for a three-year term ending May 31, 2002. The motion passed unanimously, 8:0. The meeting adjourned at 9:50 p.m. Respectfully submitted, James R. Johnson City Manager Minutes--Eugene City Council May 10, 1999 Page 11 7:30 p.m. (Recorded by Yolanda Paule) Minutes--Eugene City Council May 10, 1999 Page 12 7:30 p.m.