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HomeMy WebLinkAboutCC Minutes - 10/27/99 WS MINUTES Eugene City Council McNutt Room--City Hall October 27, 1999 5:30 p.m. COUNCILORS PRESENT: Scott Meisner, Pat Farr, Bobby Lee (until 7 p.m.), Nancy Nathanson, Betty Taylor, David Kelly, Gary Rayor (until 6:45 p.m.), Gary Pap~. CITY COUNCIL DINNER WORK SESSION A. Items from the Mayor, Council, and City Manager Mr. Lee noted that he would be leaving the meeting early in order to attend a neighborhood meeting. Mr. Lee asked for head nods for a Contingency Fund request of $2,000 for a Multicultural Storytelling Festival put on by Robert Rubenstein and the Lane Arts Council. The council indicated its willingness to consider the request. Mr. Rayor said that he would be leaving the meeting at 6:45 p.m to attend the Friendly Area Neighbors meeting. Ms. Taylor reiterated previously stated objections to the Wednesday council evening meetings because of conflicts with neighborhood meetings. Ms. Taylor said that she had received a request from citizens that "Hitching Post Square" signs be put up in the area of the Farmers Market indicating what the square was originally designated. She said she thought that was an interesting idea. She asked Ms. Walston to make copies of the request for other councilors. Mr. Pap~ said that he was eager to hear a report from Jim Johnson and Mr. Torrey on their trip to Washington, DC. Mr. Meisner asked for head nods for a Contingency Fund request of $5,000 from the Sustainable Business Symposium. The council indicated its willingness to consider the request. Mr. Meisner informed councilors that he had asked Jan Childs, Planning Division Director, to send condolences and appreciation to the late Robert Belknap's family. He said that Mr. Belknap had been a very effective and competent Eugene Planning Commissioner. Ms. Nathanson reported on her three-day trip to the National League of Cities Information, Technology, and Communications Committee Meeting. The first day of the meeting the MINUTES--Eugene City Council October 27, 1999 Page 1 5:30 p.m. committee, made up of about 30 city councilors and mayors, toured the following facilities in Fort Lauderdale, Florida: Dillard High School, an emerging computer technology magnet school; Media One, a company that bundles services such as network access and content, cable TV, and phone service; and the Fort Lauderdale City Hall. Ms. Nathanson presented Administrative Services Department Director Warren Wong with a baseball hat with a countdown to the millennium on it. Ms. Nathanson said that she had a video tape prepared by the City of Fort Lauderdale on how that city was using GIS and providing public access to GIS through a Web page. The Fort Lauderdale Police Department reported on its use of Mobile Data computing services and Internet technology to solve crimes. Ms. Nathanson informed councilors that she was chair of the Universal Access Subcommittee of the National League of Cities Information, Technology, and Information Committee. She reminded councilors that the City of Eugene had adopted a telecommunications plan and set of goals. One of the important goals was the concept of universal access, meaning that no neighborhood should be left behind. Everyone would be brought along into the information technology age because it was a utility, not a frill. Ms. Nathanson said that she had written a resolution that the committee adopted to carry forward to the National League of Cities Conference. She said that she was pleased that the City of Eugene's adopted policy was being carried forward at a national level. Ms. Nathanson said that some of the topics that were discussed and that will be discussed next year by the committee were: open access, tax issues, radiation, funding for deployment of information technology, inscription for public safety, and education channels on cable TV. Mr. Pap~ asked when the next Y2K update was scheduled and requested that there be 15-30 minutes allowed for discussion. Mr. Johnson said that the update was scheduled for December 6, 1999. Mr. Johnson told Ms. Taylor that Paul Farmer, Director of Planning and Development Department, wanted to bring the council an idea that he had seen in Boston, Massachusetts, of putting historical signs around the city and on buildings. Mr. Johnson informed Ms. Nathanson that the City of Eugene was not far from having its LID or GIS system available on the City's Web site. Mr. Johnson gave the council a very positive update on the health of University of Oregon President Dave Frohnmayer, saying that he was measurably improved. Mr. Johnson said that Police Chief Jim Hill had written a letter to the students at the University of Oregon that would appear in the Daily Emerald asking students to make good choices during the Halloween weekend. He added that Sergeant McKee had an op-ed piece in The Register Guard. He distributed copies of Chief Hill's letter. Mr. Torrey said that he had passed on regards and concerns from the councilors and the citizens of Eugene to Lynn Frohnmayer. MINUTES--Eugene City Council October 27, 1999 Page 2 5:30 p.m. Mr. Torrey said that the governor's mansion in Anapolis, Maryland, had a wonderful collection of statues of little kids. He said that he would like to do something like that somewhere in Eugene. Mr. Torrey noted that he had also found the historical markers that he noticed on his trip back east very interesting. Mr. Torrey reported on his trip with Mr. Johnson to Washington, DC. with the following information and advice: · Market value would determine the site of the new courthouse in Eugene. · The federal government was willing to work with the City of Eugene, City Hall location if the price was close (within $1,000,000). · Be creative in making the City Hall site valuable for the courthouse site, by perhaps making more property available for parking. There will be 80 secure parking spaces and 80 additional parking spaces to be used for the courts. · Both Oregon senators and Congressman Peter DeFazio would be strongly supportive of whatever site the council decided was best. Mr. Torrey said that he thought that the City Council was as prepared as it could be now to answer any questions once the appraised value was released. Mr. Johnson said that the appraisal would be available in mid-November. Mr. Johnson reported that he and Mr. Torrey had a valuable meeting with Susan Britt, Chief Minority Staff for the Public Buildings Subcommittee of the Transportation Committee. Congressman DeFazio was a member of the Transportation Committee. He noted that Ms. Britt had given some good answers to what to do when and if appraisals were higher than the amount allocated for a new federal courthouse. In response to a question from Mr. PapS, Mr. Torrey noted that there was a ten percent "fudge factor" in the money allotted for the courthouse. He indicated that the ten percent was well protected, however, for several reasons, one of which was that the building might not be built within the next year or two and prices could increase. Ms. Taylor said that some citizens were asking her "Why do we want a courthouse here?" She added that she had not heard anyone say that they wanted to spend money for a new courthouse or a new city hall. Ms. Taylor said that she thought that there should be a way to find out what the community thought about a new city hall. She wondered about the cost of a new city hall. Mr. Torrey noted that the Council Committee on City Hall Alternatives would be giving a report next week and some of Ms. Taylor's questions would be answered. Mr. Rayor said that he thought that the idea of polling the community had merit. Mr. Pap8 said that he thought that it was an asset and a benefit to the community to have a federal courthouse here so that people involved in federal cases did not have to travel to Portland. Mr. Lee said that he could not imagine the second largest city in Oregon not having a federal courthouse. He said that he understood that constituents would be reluctant to say that they were willing to pay for a new city hall. He added that no councilor had run for office with a platform to MINUTES--Eugene City Council October 27, 1999 Page 3 5:30 p.m. build a new city hall. He added, however, that there was now a window of opportunity that no one could foresee. He noted that the present City Hall was not safe and was deteriorating. He thought that the council should move forward with this opportunity. Ms. Nathanson noted that Ms. Taylor's point that the public had not been saying that the City needed a new city hall was valid. She said that it was the job of councilors as leaders and staff as professionals to communicate the state of the city to citizens. She said this had not been done recently and it was time to get back on track with this via newsletters or annual reports. She noted one of the aspects of the City's problems was that capital improvements had not been adequately funded and, therefore, facilities were deteriorating. She said that council was aware of this, but that the public was not aware due to a lack of communication from council. She reiterated that it was the job of the council and the staff to explain the need for a new city hall to citizens. Ms. Nathanson suggested that the financing for this project be taken to the broad-based citizen Budget Committee. She said that it was one more avenue for public comment and awareness. Mr. Meisner agreed with Ms. Nathanson's assessment that the council had not done a good job of communicating the need to citizens. He added that he had received calls from people who used City Hall and were appalled at its condition and wondered why all the City departments were not housed at City Hall. Mr. Meisner noted that if a federal courthouse was not located in Eugene, he thought that it would be highly unlikely that there would be no federal courts here. He said that much like the City, the federal government had many offices and programs in leased space in Eugene and that the federal government wanted to bring those into a new courthouse to save money by not having to lease space. He added that the GSA and the courts had not done a good job of educating the public about their needs. Mr. Meisner noted that the City had no control over where the new federal courthouse would be located. B. Work Session: Eugene Airport Master Plan and Related Actions Mr. Johnson introduced Airport Manager Mike Boggs to give a brief overview of the Eugene Airport Master Plan and related actions. Mr. Boggs introduced Tom Schnetzer, from master planning firm of Mead & Hunt, Philip Farrington, from Satre Associates, and Bob Noble, staff for the Eugene Airport. Mr. Johnson used a slide of an aerial view of the airport to illustrate that the cooperative planning done by the City of Eugene and Lane County had been very good and had created an airport with lots of opportunities and one that was not causing lots of problems for its community. He informed councilors that the Master Plan Update was done for the following reasons: · To pick up where the 1990 Airport Plan ended and to add a new level of detail to the plan. · To add to the plan in a comprehensive way by linking the Airport Master Plan to the Metro Plan. Mr. Boggs asked Mr. Farrington to address the land planning issues of the Master Airport Plan. Mr. Farrington said that the Airport Master Plan existed as a refinement to the Metro Plan and also as a critical component to the State's Aviation System Plan and the nationwide system as well. MINUTES--Eugene City Council October 27, 1999 Page 4 5:30 p.m. He said that State policy supported a strong airport as did numerous Metro Plan policies. Mr. Farrington reviewed the following items that would require action by the Eugene City Council: · 1999 Eugene Airport Master Plan, a major update of the 1990 Eugene Airport Master Plan, a refinement plan of the Eugene Springfield Metropolitan Area General Plan (Metro Plan). · Amendments to the Metro Plan diagram to redesignate property within the Eugene Airport boundary from "Agriculture" and "Airport Reserve" to "Airport Reserve" and "Government and Education" consistent with the 1999 Airport Master Plan Refinement Plan Diagram. · Amendment to the Eugene Springfield Metropolitan Area Transportation Plan (TransPlan) to add a project, Green Hill Road, North Boundary of Airport to Airport Road, to reconstruct a 2.7 mile segment of Green Hill Road approximately 2,000 feet east of its current location, between Fiddler's Green Golf Course and Airport Road. · Amendment to the Metropolitan Area Public Facilities Plan to add a project, Green Hill Road, North Boundary of Airport to Airport Road, to reconstruct a 2.7 mile segment of Green Hill Road approximately 2,000 feet east of its current location, Between Fiddler's Green Golf Course and Airport Road. Mr. Farrington said that the implementing actions would make the Airport Master Plan consistent with the Metro Plan and its policies and would create a relationship between the State Aviation System Plan, the Metro Plan, the Airport Master Plan, and zoning. Mr. Schnetzer said that the update of the Airport Master Plan added more detail and focus to many of the facility recommendations that were made in the 1990 Airport Master Plan. He listed these elements that were considered during the update: project coordination, data collection/inventory, activity projections, demand/capacity analysis, alternative plan concepts, environmental overview, airport plans, financial plan, and a public information process. Mr. Schnetzer said that the issue of implementing a parallel runway as a means to increase the capacity of the airport and the issue of FAA pressure to deal with the conflict area related to the runway safety area were both impacting near term development and the rerouting of Green Hill Road. He reviewed the projects incorporated under the following four major elements of the Plan: · Improvements to Runway 3-21 Safety Area (Realignment of Green Hill Road) · Phased Construction of the Parallel Runway and General Aviation Improvements · Parking and Access Improvements · Realignment of Airport Road (Concurrent with Parallel Runway Development) Mr. Boggs the reviewed the 18-month public involvement process beginning with the formation of a broad-based community Master Plan Advisory Committee. The meeting schedule and public open house/workshops was listed on pages 156-157 of the handouts in councilors' packets. Mr. Boggs ended by saying that the updated plan did follow the original plan, the plan was flexible, and that the plan was demand-driven. He added that financial projections on the plan anticipated that there would be no additional tax dollars needed for the improvements proposed, assuming that the passenger projections were realized as planned. MINUTES--Eugene City Council October 27, 1999 Page 5 5:30 p.m. Mr. Kelly said that he was very supportive of Eugene having a thriving local airport. He commented that the plan was very thorough and included a good level of detail and data to back up the projects. He asked when the next plan update would occur. Mr. Boggs responded that it would be in eight to ten years. Mr. Kelly asked Mr. Boggs to consider if it would be best for the council to make policy statements by revising the plan or by including statements of policy in the adopting ordinance. Mr. Kelly clarified that it was true that there were no General Fund dollars used for the projects and that the Green Hill and Airport Road projects avoided using Road Funds. Mr. Boggs said that those statements were true. In response to a question from Mr. Meisner, Mr. Boggs explained that passenger traffic was the primary source of revenue at the airport. He said that if revenue dropped off, a project would either be put off until a later date or another source of revenue would have to be developed. Mr. Meisner asked Mr. Boggs to talk about the proactive role that the airport takes in trying to increase use and how that compares to being responsive to need. He also wondered if Mr. Boggs had any ideas about how to encourage alternate forms of transportation, given that there was money to spend on the airport and yet no matching funds for rail travel. Mr. Boggs said that in the airline industry, it was a "sellers market." He said that the airport needed the airlines for two reasons: for business and personal community needs, and for a revenue stream. Mr. Meisner said that the discussion about encouraging alternate forms of transportation could be held at a later date. Mr. Rayor wondered what mechanism would govern businesses at the airport. He also said that he had questions about the funding and the timing of the phases of development. Mr. Boggs said that the philosophy in regard to businesses was that if a business did not need to be at the airport, then it would not be there. He said that the City Manager reviewed the contracts for businesses at the airport. Mr. Boggs said that there were three sources of funds: the airport, the Airport Improvement Program provided by the Federal Aviation Administration and based on the 10 percent ticket tax, and the passenger facility charge. Mr. Rayor explained that he was concerned about the airport growing and becoming more commercial with businesses and then becoming its own enterprise zone. He said that he was worried about the funds generated by a business at the airport and where they were going and how they were tracked. Mr. Boggs said that he would like to answer that question at a later time. Mr. Pap8 echoed Mr. Kelly's comments about how important the airport was to the community. He added that he thought that the airport was very important to the educational institutions in Eugene. Mr. Pap8 asked why the runway was to the east of the present runway instead of west. Mr. Boggs said that after considering many alternatives, the runway was not planned for the west side for two reasons: the impact on extensive wetlands on the west, and the need to build the runway far enough from the existing runway in order to allow for simultaneous landings in the future. MINUTES--Eugene City Council October 27, 1999 Page 6 5:30 p.m. In response to a question from Mr. PapS, Mr. Boggs said that demand would require the parallel runway when the airport's activity was 80 percent of its annual service volume. He added that the maintenance cost of runway 321, the existing cross wind runway, was also driving the need for a new parallel runway. In response to further questions from Mr. PapS, Mr. Boggs said that he would be glad to review the alternatives considered for runway placement. He added that currently the airport owned all the property required to construct a parallel runway. In response to a question from Mr. Torrey about the possibility of increased cargo business from the Portland airport if Portland did not build a new runway, Mr. Boggs said that the discussion about this possibility was ongoing. Mr. Kelly explained that his biggest concern with the plan was the parking expansion. He said that he would feel more comfortable adopting the plan if there was some statement that reflected a change in how parking capacity was planned and that it was not just a linear extrapolation from the past. He suggested also including consideration of changes in alternate modes of transportation such as the airport shuttle. Mr. Boggs said that he agreed with Mr. Kelly and reiterated that parking was a demand-driven issue. Mr. Kelly responded by pointing out that there was a growth management, transportation demand management, and air quality management component that should be taken into account as well. Lastly, Mr. Kelly asked if the Green Hill Road project was under the Year 2000 Runway 321 Safety Improvements in the CIP. Mr. Boggs said that it was. Mr. Rayor left the meeting at 7 p.m. C. Work Session: Ordinance Concerning Key Waterways, And Adding Sections 6.650, 6.655, 6.660, 6.665, And 6.670 to the Eugene Code, 1971 Mr. Johnson introduced City Engineer Les Lyle to make the staff presentation. Mr. Lyle introduced Carol Heinkel from the Lane Council of Governments and Therese VValch from Public Works Engineering Division, both of whom helped to put the ordinance concerning key waterways together. Mr. Lyle used a Powerpoint presentation to review with the councilors the handout titled Key Storm Waterways. He noted that one of the Comprehensive Storm Water Management Plan (CSWMP) goals was to address community need for flood protection, stormwater water quality, and related natural resources protection. In order to meet that goal, Mr. Lyle said that the proposal identified key storm waterways, clarified which waterways would remain open and be a part of the stormwater system, and enhanced authority for protecting key waterways. He continued with the presentation with an overview of the following issues: · The multiple benefits of waterways · Other policies impacted and supported by this proposal · Criteria for identifying key waterways · Strategy to protect key storm waterways · Example waterways meeting key waterway criteria · Example waterways not meeting key waterway criteria MINUTES--Eugene City Council October 27, 1999 Page 7 5:30 p.m. · Public involvement to date · Proposed timing · Recommended council Action for key storm waterways Mr. Lyle asked for direction from the council so that the adoption process could proceed. The proposed timing included the following dates: November 9, 1999 - public drop-in information session for property owners adjacent to these waterways; November 22, 1999 - public hearing on ordinance; and December 6, 1999 - council action on ordinance. The council would be asked to adopt the No-fill/No-pipe Policy, the Key Waterway Criteria, and the map. Mr. Lee asked Mr. Lyle to make sure that the stakeholders be informed about the public hearing process. Mr. Lyle said that any specific comments from stakeholders at the information session would also be included in the council packet for councilors' review. Mr. Lyle also indicated notices regarding the information session and public hearing would be going out shortly. In response to a question from Mr. Lee, Mr Lyle said that the process could carry into next year and that there was no specific deadline. He added, in response to a question from Ms. Taylor, that the advantage to adopting the ordinance this year was in providing the development community additional clarity as soon as possible as to which streams the City would like to protect. Ms. Taylor asked if the need for buffers was considered in the permitting process at present. Mr. Lyle said that a form of buffers were addressed primarily through planned unit developments and subdivisions. Ms. Taylor wondered if this ordinance would affect the proposed development at the headwaters of the Amazon Creek. Mr. Lyle said that it would depend on the timing of the application and the adopting of the ordinance. He said that he did not think there was a method of requiring protection retroactively. Mr. Klein said that he would study the issue and get an answer to the council. Ms. Taylor said that this issue affected the entire community as well as adjacent property owners. Mr. Lyle said that notification about the public hearing and information session would be sent to an interested parties list as well as property owners. In response to a question from Ms. Taylor, Mr. Lyle said that the department advisory committee (DAC) would be looking at grassy swails and other water quality treatment techniques, such as best management practices, in November and December that would be part of water quality new development standards. Mr. Kelly said "Bravo" to the general direction of the ordinance. He thanked the staff and the DAC. He said that he would like to move ahead on the deadline and to adopt the ordinance this year. Mr. Lyle responded to a concern of Mr. Kelly's by saying that there would be an effort to maximize existing tools to protect buffers that would not be addressed until Phase II. Mr. Kelly expressed concerned about the lack of enforcement for violators of the ordinance. Mr. Lyle said that work would be done to strengthen that provision dealing with penalties. MINUTES--Eugene City Council October 27, 1999 Page 8 5:30 p.m. Mr. Lee left the meeting at 7 p.m. Mr. Kelly expressed concern about culverts being included in the exemptions listed on Council Agenda page 276, Section 6.660 (1)(a). He thought that using a culvert for a key waterway would reduce its benefits from a corridor, habitat, and filtration standpoint. Mr. Lyle said that the intent could be further clarified in the ordinance. Mr. Papb expressed concern about creating new governmental regulations over already existing regulations and possible jurisdiction conflicts over waterways with the Division of State Lands (DSL) and the Army Corps of Engineers (ACOE). Mr. Lyle said that the ordinance was to clarify which waterways the City wanted to retain in an open configuration. Mr. Klein noted that the DSL could not take action inconsistent with local land use codes. Mr. Lyle added that the AC©E could give permission to fill an area, but a permit would still have to be obtained from the DSL. He said that the AC©E and DSL would check with the City before issuing a permit to fill. After continued discussion about the overlapping of criteria from the DSL, the ACOE, and the City, Mr. Klein and Mr. Lyle said that they would look into this issue and get back to the council. Mr. Papb said that he was now wondering if there was any need for the ordinance. Ms. Nathanson made comments about the following sections of the ordinance: · Section 6.650 - She appreciated having the purpose of the regulation stated. · Section 6.660 - She clarified that "exempt from the prohibitions" meant that (a) - (e) were allowed. · Section 6.660(c)(3) - She suggested changing "Habitat degradation" to "Conditions causing habitat degradation." · Section 6.665(1) - Ms. Nathanson asked if there was ever a time when a site met one of the type I criterion or two of the type II criteria and still would not be designated. Ms. Walch said that there were exceptions listed in the ordinance and that a site that met the minimum qualifications would not automatically be designated. Mr. Torrey asked about the impact on the Delta Ponds. Mr. Lyle said that the City was working with the AC©E on trying to restore some of the flow through the Delta Ponds. He added that the DAC had considered the Delta Ponds important and that they were being proposed to be part of the key waterway system. He said that there was flow even though it might be imperceptible. Mr. Kelly responded to Mr. Papb by saying while he thought that commonality of language to define waterways might be helpful, he thought that the goals of the DSL, the ACOE, and the CSWMP were different. He added that he thought that the clarity about waterways would be a great benefit to everyone. Mr. Kelly agreed with the suggestion of notifying affected property owners. He also commented that the November 9 date for the information drop-in was the same date as a Tree Ordinance drop-in planned by the Urban Forester. He thought that there would be a conflict for many citizens. He noted that the Urban Forester had already sent out its publicity for the event. Mr. Lyle agreed to see if there was another possible date. Mr. Meisner supported changing the date of the information drop-in. MINUTES--Eugene City Council October 27, 1999 Page 9 5:30 p.m. Mr. Meisner suggested clarifying the language and the process mentioned earlier by Ms. Nathanson about the minimum qualifications and the exceptions. Mr. Lyle said that he had noted that and would work to strengthen the language. Mr. Meisner said that he agreed with Mr. Kelly that it would be necessary to have some sort of effective enforcement mechanism, preferably by the City. Mr. Papb explained that he thought that it was important to dovetail language and criteria with the DSL and the AC©E. He said that he did not know what the goals of the DSL were. He thought that it would be helpful for the council to have those goals. Mr. Papb said that if the City was concerned about saving the Amazon Creek headwaters, the City could acquire a waterways easement of some type. Mr. Lyle agreed that that was another alternative. Ms. Taylor said that if the DSL or the AC©E had designated a waterway that was not designated by the City, then perhaps the City should include it in its designations. Ms. Taylor agreed and underscored the need for penalties that would be strict enough to cause people not to go against the ordinance. Ms. Taylor said that she supported a site being designated automatically if it met the minimum qualifications unless it fit one of the absolute exemptions. Mr. Johnson pointed out that Section 6.665(2)(a) covered Ms. Taylor's first point about waterways that were designated by the DSL or the AC©E also being designated by the City. The meeting adjourned at 7:25 p.m. Respectfully submitted, James R. Johnson City Manager (Recorded by Elise Self) MINUTES--Eugene City Council October 27, 1999 Page 10 5:30 p.m.