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HomeMy WebLinkAboutCC Minutes - 06/14/99 Mtg MINUTES Eugene City Council McNutt Room--City Hall June 14, 1999 7:30 p.m. COUNCILORS PRESENT: Scott Meisner, Nancy Nathanson, Betty Taylor, David Kelly, Gary Rayor, Gary Pap~. COUNCILORS ABSENT: Pat Fart, Bobby Lee. Mayor Torrey called the meeting of the Eugene City Council to order. He provided an overview of public forum policy. 1. PUBLIC FORUM Max Liebreich, 1969 Columbia Street, Eugene, raised concerns with sewer service in the Fairmont Street area. He could not get service because the City had not installed the last 400 feet of sewer line on his street. Alice Radostitz, 2194 Carmel, spoke against the planned Sheldon sports complex. She stated that her family had been good neighbors to Sheldon High School and did not want the sports complex to take over the entire area. Kevin Early, 2152 Carmel Avenue, spoke against the Sheldon sports complex. He said there was no demonstrated need for football stadiums. Nicholas Antone Jr., 512 Honeysuckle Lane, raised property clean up issues and complained of harassment and intimidation by the City. Nick Urhausen, 2858 Warren Street, raised concerns with the City's treatment of Hyundai. He did not want the City to condemn Hyundai and suggested educating it instead. He urged the City to keep the deal that was made with Hyundai. Mayor Torrey closed the Public Forum. Councilor Pap~ addressed the concerns of those who were against the Sheldon sports complex. He mentioned that the facilities could be used for soccer as well as football. He said he supported the sports complex. CONSENT CALENDAR MINUTES--Eugene City Council June 14, 1999 Page 1 7:30 p.m. A. Approval of City Council Minutes: April 14, 1999 Joint Elected Officials Meeting, April 21, 1999 Work Session, April 22, 1999 Human Rights Commission Interviews, April 26, 1999 Council Meeting, April 27, 1999 Interviews for Planning and Budget Commission, April 28, 1999 Work Session Councilor Meisner, seconded by Councilor Nathanson, moved to approve the items on the City Council consent calendar. Councilor Meisner had corrections for the April 21, 1999 work session minutes. On page 4, paragraph 3 of the minutes he wanted to strike everything after the word "sustainable" and replace it with; "may have been overused and that the council will have an opportunity, in a separate work session, to clarify its intentions and the meaning of the term." Councilor Kelly noted that the absent councilors were not noted on the April 26, 1999 minutes. Roll call vote; the motion passed unanimously, 6:0. m. PUBLIC HEARING ON ORDINANCE REGARDING COUNCIL MEETINGS Mayor Torrey reminded councilors that if they had any ex parte contacts or conflicts of interest for the public hearing items on the agenda, they were requested to announce this. City Attorney, Glenn Klein, provided a presentation on the item. Mr. Klein expressed his willingness to answer any questions the councilors had. Mayor Torrey opened the public hearing. There being no one else wishing to speak, Mayor Torrey closed the public hearing. Councilor Kelly thanked the City Manager and the City Attorney for responding to this issue in a prompt and clear manner. City Manager Jim Johnson said that the council would consider Council Bill 4688, an Ordinance concerning council meetings; and amending Section 2.007 of the Eugene Code, 1971. Councilor Meisner, seconded by Councilor Nathanson, moved 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. Councilor Pap8 mentioned that there were two absent councilors. Mayor Torrey said that they had not expressed a desire to withhold a vote on the item. Roll call vote; the motion passed unanimously, 6:0. Mr. Johnson said that the council would consider Council Bill 4688 by council bill number only. MINUTES-Eugene City Council June 14, 1999 Page 2 7:30 p.m. Councilor Meisner, seconded by Councilor Nathanson, moved that the bill be adopted and given final passage. Roll call vote; the motion passed unanimously; 6:0, and became ordinance number 20156. Councilor Meisner, seconded by Councilor Nathanson, moved to adopt Resolution 4590 amending the Eugene City Council operating agreements. The motion passed unanimously, 6:0. iv. PUBLIC HEARING: AN ORDINANCE TO ADOPT A METRO PLAN AMENDMENT, REFINEMENT PLAN AMENDMENT AND ZONE CHANGE FOR JAMES FAMILY TRUST (MA 98-01, RA 98-01, Z 99-02) The mayor asked councilors to declare any ex parte contacts or conflicts of interest. Nan Laurence of the Planning and Development Department, provided an overview of the request and a description of the site. She reviewed the criteria for approval. The criteria were as follows: a. The amendment must be consistent with the relevant statewide planning goals. b. Adoption of the amendment must not make the Metro Plan internally inconsistent. Ms. Laurence then read the following criteria for a refinement plan amendment. a. The plan amendment is consistent with the Metro Plan. b. The plan amendment is consistent with the remaining portions of the refinement plan: c. The plan amendment is found to address one or more of the following: 1. An error in the publication of the plan; 2. A change in circumstances in a substantial manner not anticipated in the plan; 3. Incorporation into the plan of new inventory material which relates to a statewide goal or a change in public policy. Ms. Laurence read the following criteria for evaluating a zone change: a. The uses and densities that will be allowed in the location of the proposed change 1. Can be served through the orderly and efficient extension of key urban facilities and services proscribed in the Metro Plan; 2. Are consistent with the principles of compact and sequential growth. b. The proposed change is consistent with the Metro Plan c. The proposed change is consistent with the applicable adopted refinement plan. Ms. Laurence reported that action on the item was scheduled for June 21. Mayor Torrey opened the public hearing. MINUTES--Eugene City Council June 14, 1999 Page 3 7:30 p.m. Larry Reed, representing the James Family, spoke for the request. He introduced the James family members present and provided an overview of the parcels in the application and surrounding properties. 6il James provided a history of the family ownership of the property. He said that the request was consistent with the goals and plans of the community. There being no one else wishing to speak, Mayor Torrey closed the public hearing. In response to a question from Councilor Nathanson, Ms. Laurence said that access to the part of the property retaining a medium-density residential designation would have to be through adjoining properties owned by the applicant. Councilor Nathanson commented that it was a mistake to zone large contiguous parcels as high- and medium-density residential. She said that large masses of residential density contribute to the problems in the city. Councilor Kelly commented that too many changes to the refinement plan would eventually negate the plan altogether. He noted conflicting reports from staff regarding whether the request met the criteria for amending a refinement plan and asked for staff comments. Staff responded that the change came from a Planning Commission discussion and that the revisions changed after discussion was concluded. Councilor Rayor raised concerns that rezoning from medium- to Iow-density would take away potential housing. Councilor Meisner commented that the particular request was not problematic if viewed in isolation. He then raised concerns about the number of requests this year to remove residential land from the inventory, stating that the cumulative effect was significant. Councilor Taylor suggested not approving any commercial zoning requests until the downtown area was revitalized. Councilor Pap8 confirmed with staff that the City had more than enough land set aside in the urban growth boundary to cover the State-mandated supply. Councilor Meisner asked to be kept appraised of the cumulative effect of the zone changes in residential areas. Councilor Nathanson stated that she was not against commercial rezoning in residential areas. She remarked that downtown is not Eugene's only commercial area. V. PUBLIC HEARING: AN ORDINANCE CONCERNING THE DEFINITION OF "METRO PLAN AMENDMENT HOME CITY" AND AMENDING SECTION 9.015 OF THE EUGENE CODE, 1971. Planning Director Jan Childs provided a summary of the ordinance. She expressed her willingness to answer questions posed by the councilors. MINUTES--Eugene City Council June 14, 1999 Page 4 7:30 p.m. Mayor Torrey opened the public hearing. There being no one wishing to speak, he closed the public hearing. Mr. Johnson said that council would consider Council Bill 4689, an ordinance concerning the definition of "Metro Plan Amendment Home City" and amending Section 9.015 of the Eugene Code, 1971. Councilor Meisner, seconded by Councilor Nathanson, moved 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, 6:0. Mr. Johnson said that the council would consider Council Bill 4689 by council bill number only. Councilor Meisner, seconded by Councilor Nathanson, moved that the bill be approved and given final passage. The motion passed unanimously; 6:0, and became ordinance number 20157. VI. PUBLIC HEARING: AN ORDINANCE AND TWO RESOLUTIONS CONCERNING THE DRAFT ARTERIAL AND COLLECTOR STREET PLAN Mr. Johnson introduced Dave Reinhard from the Public Works Department and Anne Marie Levis from the Eugene Planning Commission. Mr. Reinhard provided an overview of the Arterial and Collector Street Plan. He noted that the Planning Commission recommended adoption of the plan. He submitted additional written testimony from Bruce Wild, Francina Verite, James Pierce, Sandra Martin, Susan Connolly and Jim Hanks. Ms. Levis, representing the Eugene Planning Commission, provided a summary of the Planning Commission discussion regarding the Arterial and Collector Street Plan (ASCP). She said that the current version of the ACSP before the councilors was the third draft of the document. She said that it was a companion document to the Local Area Street Plan, but that it was not a project document and did not set any minimum standards for existing streets. She also stated that it was a needed tool for the transportation system. Councilor Kelly recommended holding questions for staff until after public testimony. Mayor Torrey opened the public hearing. Mary Remlinger, 2290 Harris Street, spoke about the livability of Harris Street. She raised concerns about increased traffic on Harris Street that would be created if the ACSP was approved. Kristen Taylor, 1808 Orchard Street, presented a letter to councilors from residents on Orchard Street regarding concerns about Orchard Street being classified as a neighborhood collector. MINUTES--Eugene City Council June 14, 1999 Page 5 7:30 p.m. They wanted Orchard Street to stay classified as a local street. She also asked that Orchard Street be deleted from the ACSP. Mayor Torrey informed her that no action of that sort would be taken at the current meeting. Bruce Wild, 931 Lorane Highway, stated that his main concern was controlling the speed of traffic. He stated that the standards of the ACSP did not address public concerns. He asked that the plan approval be postponed until an exception process could be thoroughly documented. Judy Franzen, 1727 Lawrence Street, submitted a letter and petition from area residents requesting the return of on-street parking on Lincoln and Lawrence. Jennifer Barwood, 1678 Jefferson Street, requested the postponement of the ACSP until there was proper consideration of bike lane rules in the plan. Alan Zelenka, 1650 Orchard Street, requested Orchard Street to be removed from the plan as a neighborhood collector and be replaced by Villard Street which already has landscape medians in place. He also requested traffic calming devices on Orchard Street. Mara Wile, 1347 Dalton Drive, requested that River Road area streets be removed from the ACSP. She noted that the River Road area was not within the city and yet was still part of the plan. She raised concerns with the City of Eugene classifying streets off River Road as neighborhood collectors when the County had no traffic calming policy that would handle the increased traffic volume and speeds. She urged councilors to let proposed street improvements be real improvements. Theresa Damron, 605 Howard Avenue, reiterated Ms. Wile's comments and suggested a scoping process for the River Road area. She added that she wanted to trust the City Council. Patrick Simmons, 1754 Orchard Street, expressed his desire that Orchard Street be classified as a local street. He raised safety concerns with increased traffic if it was classified as a neighborhood collector. Ruth Bowers, 155 North Garden Way, stated that the ACSP was repetitious and ambiguous. Vanessa Thompson, 110 South Garden Way, reiterated Ms. Bowers' concerns and raised her own concerns about the historical nature of the trees and houses in the area. David Chase, 158 South Garden Way, reiterated Ms. Thompson's comments. He spoke against the assessment for Garden Way and urged creativity when making assessments. Helen Vidal, 1560 Jefferson Street, raised concerns for road classifications. John Simpson, 975 Oak Street, representing the Westside Neighborhood Quality Project, submitted petitions from his area requesting a more functional plan, creation of bicycle arterials, the reclassification of Monroe Street, and that an exception process be put back into the ACSP. Jori Belcher, 1190 West 17th Avenue, raised street concerns and pointed out flaws in the matrix. He submitted a different study of traffic and street classification for consideration by the councilors. MINUTES--Eugene City Council June 14, 1999 Page 6 7:30 p.m. David Hinkley, 1308 Jefferson Street, suggested creating bicycle boulevards in the City. He also suggested creating special street standards to be included in the ACSP. Trina Thomas, 563 Howard Avenue, reiterated the concerns of the other River Road area citizens. She also requested that River Road area streets be removed from the plan. Diane Batenhorst, 206 Howard Avenue, raised concerns with the lack of notice of the ACSP to the River Road area citizens. She expressed her desire for more communication with the City. She also requested that the River Road area be removed from the ACSP. Yvonne Wilson, 217 Howard Avenue, reiterated the concerns of the other River Road area citizens. She also noted that there were unique neighborhood characteristics that needed more consideration than the ACSP provided. Marie Gray, 353 Knoop Lane, reiterated the concerns of the other River Road area citizens. Vora Heinz, 1038 Jayne Street, reiterated the concerns of the other River Road area citizens. Penny Salus, 1657 Jefferson Street, raised concerns with the traffic on Jefferson Street. She was worried about speeders going down her street and wanted to know about traffic calming measures on a street classified as a neighborhood collector. Peg Emery, 2885 Monroe Street, raised concerns with the Crest Drive neighborhood design standards for the proposed new street classification. Mayor Torrey asked for questions and comments from the councilors. Councilor Nathanson commented that there was no part of the plan that dealt with on-street parking. She wanted to know the City's policy on street parking. She also wanted information on the effectiveness of placing radar speed monitors on streets as a traffic calming measure. Councilor Kelly complimented the citizens from Orchard Street on their testimony and asked staff to come up with a response. He expressed a desire to see Garden Way downgraded in street classification and asked staff to respond to Mr. Belcher's alternate matrix plan. Councilor Rayor wanted to examine the lack of representation of River Road area citizens and to re-examine an exception policy for the ACSP. Councilor Taylor asked if each neighborhood had seen the specific plans for streets in their neighborhood. She said the council should be dealing with how it wanted the streets to function, not describing how they were functioning. She stressed considering what neighborhood citizens wanted for their neighborhoods. Councilor Meisner commented that in the downtown grid every street was at least a major collector. He suggested an additional classification that would be between a local street and a neighborhood collector. Mayor Torrey asked staff if the City has the legal authority to implement the plan in an unincorporated area like River Road. He then asked if the Board of County Commissioners grant MINUTES--Eugene City Council June 14, 1999 Page 7 7:30 p.m. the City of Eugene the authority to implement the plan. He commented that the City Council was a long way from approving the ACSP. The Mayor then closed the public hearing. VII. PUBLIC HEARING: ON AN ORDINANCE CONCERNING GRAFFITI: AND AMENDING SECTIONS 6.005, 6.010, 6.080, 6.100, AND 6.990 OF THE EUGENE CODE, 197'1 Mr. Johnson introduced Jeff Lankston, Public Works Department, who provided a presentation to the council on graffiti abatement. He summarized three possible graffiti ordinances. He noted that each of the ordinances defined graffiti as "without the owner's consent," each declared graffiti a nuisance and required property owners to abate graffiti or allow the City to do it, and each provided penalties for those who were caught in the act of doing graffiti. He said the differences were in the way graffiti abatement was paid for. He said that the first ordinance allowed the City to remove the graffiti and charge the property owner for the cost of removal including administrative overhead. The second ordinance also allowed the City to remove graffiti and charge property owners; however, it exempted the first two abatements on nonresidential property and also exempted single family residential property from the cost of abatement. The third ordinance exempted all property owners from the cost of abating graffiti. Staff recommended that council adopt the first graffiti ordinance. Councilor Kelly commented on the extraneous language of the third ordinance and expressed a desire to see it removed. Councilor Pap~ asked why the ordinance applied to nonresidential properties. Mr. Lankston replied that the first ordinance was an attempt to balance the ability to pay for abatement of residential property owners against the ability of commercial property owners. Councilor Meisner asked that an estimate of the total cost of graffiti abatement, including administrative overhead, be provided at the next work session. Councilor Nathanson asked about the number of removal actions done in a fiscal year. Councilor Rayor raised a concern with the third ordinance and its verbiage on property liens. Mr. Klein clarified the language of the proposed ordinance. Mayor Torrey opened the public hearing. Charlie Rubash, Boy Scout Troop 177, presented a letter from his troop with ideas on how to handle the graffiti problem in the city. The troop suggested a "Free Wall" under citizen control where it would be legal to place graffiti. Mark Pangborn, representing the Lane Transit District, raised concerns with ordinances that penalized businesses for not abating graffiti in a timely manner. John Brown, 1260 Charnelton Street, reiterated Mr. Pangborn's comments regarding penalizing businesses for untimely graffiti abatement. He also expressed his desire to see stiffer punishments for etching. MINUTES--Eugene City Council June 14, 1999 Page 8 7:30 p.m. Bob Melenic, 2200 Centennial Boulevard, stated that graffiti was a disease that spreads. He said it was the property owners' responsibility to abate graffiti, and suggested that the City offer educational programs on how to abate the problem. He also suggested harsher penalties for taggers. Timothy Larkins, 4055 Lanton Avenue, suggested a rebate program for security devices installed by businesses. James Kovack, 60 West 22nd Avenue, suggested making examples out of the few people who were actually caught tagging. Brian Symonitch, 208 East 2nd Avenue, raised concerns about penalizing business for untimely graffiti abatement when the City had long delays for its own abatement projects. He suggested an educational program on abatement be distributed to businesses around the City. Alicia Schick, 2154 Escalante Street, called for harsher penalties for taggers and an effort by the City to make graffiti abatement a community-wide effort. Dave Hauser, 2168 Elkhorn Drive, stated that the community as a whole should address the graffiti problem. Marshall Kirkpatrick, representing the Anarchist Action Collective, asked the councilors to examine the psychology of graffiti artists. He called for the creation of a free graffiti wall for the city. Mac McFadden, 575 Knapp Lane, stressed prevention rather than abatement. He suggested a plan of placing homeless car campers at problem sites. He opined that the car campers would be highly motivated and the graffiti problems would disappear. Richard Crawford, PO Box 11341, called for the creation of a free graffiti wall in Eugene. He also suggested the City circulate information on paint-resistant coatings for buildings. Chester Pietka, 1330 Lincoln Street, complained of getting no help from the City for the multiple times he has been tagged. He suggested establishing a curfew. Jeff Perry, 298 Bethel Drive, called for a free graffiti wall for the city. Scott Robins, 3755 Emerald Street, reiterated Mr. Perry's comments regarding a free wall and complained about the lack of enforcement and follow-up by the Eugene Police Department. Lloyd Lewis, 2977 Dry Creek Road, complained of no police interest on the subject and a lack of police follow up on complaints. David Hinkley, 1308 Jefferson Street, suggested a FireMed type program for graffiti abatement where businesses would pay a yearly fee and receive abatement service. He added that jail time for taggers was meaningless since they were usually matrixed out. Councilor Kelly thanked citizens who stayed until the late hour to testify on the graffiti problem. He agreed that fining business for untimely abatement would not work. MINUTES--Eugene City Council June 14, 1999 Page 9 7:30 p.m. Councilor Nathanson also disagreed with penalizing property owners for untimely abatement. She suggested that the City distribute a mailing with information on graffiti abatement methods. Councilor Pap~ agreed with Councilors Nathanson and Kelly. Councilor Taylor also disagreed with penalizing property owners for untimely abatement and suggested putting graffiti offenders to work on abatement projects. Councilor Rayor liked the idea of a free graffiti wall. He suggested communication with other cities who had such walls in place. He opined that kids needed an outlet and that not every kid found that outlet through sports. Councilor Meisner favored the second ordinance and stated that the City should not be responsible for graffiti abatement. He said the cost would be too high and there was no good solution to the problem. Mayor Torrey closed the hearing. VIII. ACTION: APPOINTMENTS TO POLICE COMMISSION Councilor Pap~ moved, seconded by Councilor Nathanson, to postpone the action item until the June 30 meeting. Councilor Kelly suggested that the council consider the motions that evening, but given Councilor Farr's request to participate, he suggested a councilor on the prevailing side of each motion be willing to accept and act on the councilor's request to reconsider so that he would have the opportunity to respond to any of the votes that he wished to rework. Roll call vote; the motion failed 4:2, with Councilors Pap~ and Nathanson voting in support. Councilor Meisner moved, seconded by Councilor Nathanson, to appoint Munir Katul to position number 1, a four-year term beginning June 1, 1999, ending May 31, 2003. Roll call vote; the motion passed unanimously; 6:0. Councilor Meisner moved, seconded by Councilor Nathanson, to appoint Carla Newbre to position number 2, a four-year term beginning June 1, 1999, ending May 31, 2003. Roll call vote; the motion passed unanimously; 6:0. Councilor Meisner moved, seconded by Councilor Nathanson, to appoint John Brown to position number 3, a four-year term beginning, June 1, 1999, ending May 31, 2003. Roll call vote; the motion passed unanimously; 6:0. Councilor Meisner moved, seconded by Councilor Nathanson, to appoint Angie Sifuentez to position number 4, a four-year term beginning June 1, 1999, ending May 31, 2003. Roll call vote, the motion passed unanimously, 6:0. MINUTES--Eugene City Council June 14, 1999 Page 10 7:30 p.m. Councilor Meisner moved, seconded by Councilor Nathanson, to appoint Tim Laue to position number 5, a three-year term beginning June 3, ending May 31, 2002. Councilor Kelly suggested the councilors vote no. In the interests of creating a more diverse commission he requested the Mayor consider Deselyn King-Sanders when a new nominee was put forward. Councilor Meisner concurred with Councilor Kelly. Councilor Nathanson noted Mr. Laue's experience as a council member and as a member of the public safety committee. Roll call vote; the motion to appoint Tim Laue failed unanimously, 6:0. Councilor Meisner moved, seconded by Councilor Nathanson, to appoint Richard Hursey to position number 6, a three-year term beginning June 1, 1999, ending May 31 2002. Roll call vote; the motion passed unanimously, 6:0. Councilor Meisner moved, seconded by Councilor Nathanson, to appoint Floyd Prozanski to position number 7, a three-year term beginning June 1, 1999, ending May 31, 2002. Roll call vote; the motion passed unanimously, 6:0. Councilor Meisner moved, seconded by Councilor Nathanson, to appoint Rita Molina to position number 8, a three-year term beginning June 1, 1999, ending May 31, 2002. Roll call vote; the motion passed unanimously, 6:0. The meeting adjourned at midnight. (Recorded by Joe Sams) MINUTES--Eugene City Council June 14, 1999 Page 11 7:30 p.m.