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HomeMy WebLinkAboutCC Minutes - 04/06/98 Meeting MINUTES Eugene City Council City Council Chamber--City Hall April 6, 1998 7:30 p.m. COUNCILORS PRESENT: Bobby Lee, Scott Meisner, Nancy Nathanson, Laurie Swanson Gribskov, Betty Taylor, Ken Tollenaar. COUNCILOR ABSENT: Pat Farr, Tim Laue. The April 6, 1998, Eugene City Council meeting was called to order at 7:30 p.m.; Mayor Jim Torrey presiding. i. PUBLIC FORUM Mayor Torrey explained the guidelines for participating in the Public Forum. Clayton Walker, 4645 Manzanita Avenue, stated that he was present at the meeting with members of Boy Scout Troop 50 from Spencer Butte Middle School. He said the members were fulfilling requirements of a Citizenship Merit Badge of the scouting program. Jeff Stangland, 2155 Westwood Lane, stated that he represented himself and three other residents of Westwood Lane and supported the closure of Fairway Loop to through traffic. He said that residents had been previously assured by City representatives that such a closure would take place. He pointed out that the closure was also assumed by the Willakenzie Refinement Plan. He said that he had developed properties in the area and had given assurance to buyers of the closure, but that he had recently been informed that the closure was currently linked to construction of a new street scheduled for completion in the summer of 1999. He asked for council support for immediate closure of the street. Leslie Poole, 2045 Eastwood Lane, stated that she was the mother of three children and that she had moved to her present home because of the assurance that Fairway Loop would be closed to through traffic. She said that postponement of the closure was creating a high level of danger for her family because of heavy and speeding traffic on her street. Kelly I. Campbell, 2051 Eastwood Lane, stated that she had bought her home in 1990 because of an assurance that Fairway Loop would be closed to through traffic. She said changing plans by the City had created traffic imperiling children on the streets in her neighborhood. She said a recent traffic count showed that 2,400 vehicles a day used her street. She stated that she had suffered four instances of theft from her parked car and had had outdoor furniture stolen because of the high volume of middle of the night traffic. She asked for council support in seeking traffic calming efforts because of the delay in closure. Minutes--Eugene City Council April 6, 1998 Page 1 7:30 p.m. Ron Kinnard, 245 Fairway Loop, stated that he had completed a major remodeling of his home, but that the appraised value of his home had been discounted because of high traffic volume on his street. He said the safety of residents was in jeopardy because of the delay in the closure of Fairway Loop to through traffic. Shotzie Pluid, 265 Fairway Loop, stated that he represented the interests of many residents of her neighborhood who could not attend. She said that nearby commercial growth was the major factor in the great increase in traffic. She said the traffic volume would likely increase in the future. She said her neighborhood was united and determined in asking for closure of Fairway Loop to through traffic. Arnie Pluid, 265 Fairway Loop, stated that the traffic on his street had increased immensely since he moved to his home in 1973. He said the street was not designed for the volume, type, or speed of the traffic which currently used it. He said that a number of neighborhood pets and many squirrels had been killed by non-careful drivers. Richard Robillard, 303 Fairway Loop, stated that he agreed with the previous speakers and added that the increased traffic had raised the noise-level of the street significantly. He described inappropriate heavy duty truck and bus traffic which used the street. He urged the council to close access to Fairway Loop and provide alternate routes for traffic. Anita Cannon, 2079 Fairway Loop, described the effects of the heavy traffic on Fairway Loop on her family. II. APPROVAL OF MINUTES, FINDINGS AND RECOMMENDATIONS FROM THE HEARINGS OFFICIAL AND ADOPTION OF A REVOLUTION FORMING A LOCAL IMPROVEMENT DISTRICT FOR BARGER DRIVE FROM TERRY STREET TO GREENHILL ROAD, AND LEGACY STREET ALONG THE WEST SIDE OF THE BETHEL SCHOOL DISTRICT #52 PROPERTY Mr. Tollenaar moved, seconded by Ms. Nathanson, to approve the Hearing's Official's Minutes, Findings, and Recommendations of March 31, 1998. The motion was adopted unanimously, 6:0. Resolution Number 4559--A resolution forming a local improvement district (LID) for paving, curbs and gutters, street lights, pedestrian signal, street trees, force main, and storm drainage systems on Barger Drive from Terry Street to Greenhill Road; paving, curbs and gutters, street lights, street trees, wastewater and storm drainage systems in the new north-south street (Legacy Street) along the west side of the Bethel School District #52 property Tax Lot #17-04-20-01400; wastewater system along the south, east, and north boundaries of the Bethel School District #52 property Tax Lot #17-04- 20-01400. Mr. Tollenaar moved, seconded by Ms. Nathanson, to approve Council Resolution Number 4559. The motion was adopted unanimously, 6:0. Minutes--Eugene City Council April 6, 1998 Page 2 7:30 p.m. iii. PUBLIC HEARING: ORDINANCE CONCERNING REVISION OF THE TREE REMOVAL PERMIT PROGRAM Department of Public Works Director Christine Andersen described changes proposed for Eugene Code Section 6.300-6.330 modifying requirements for City administration of tree removal permits, complaint investigation, and code enforcement on private properties. She said the changes were the "best shot" available to keeping the City's Tree Preservation Ordinance in the face of the General Fund Urban Forestry Service reduction strategy adopted by the council. She said she believed the proposal was reasonable, but not ideal. Mayor Torrey opened the public hearing, explained guidelines for testifying, and requested that those who spoke seek to limit their contributions to providing new information. Martin Gascoyne, 3340 Fillmore Street, stated that he represented the Oregon Landscape Association. He said he had studied the proposed changes in the ordinance and was opposed to them because he believed they eliminated its enforcement. He said giving the power of enforcement to citizens could create conflict within neighborhoods. He recommended that the council seek a way to allocate funds to provide for City enforcement of the Tree Preservation ordinance. Tom McCartney, 2218 Riverview, congratulated the City on recently once again receiving designation as a Tree City. He stated that he was a Certified Arborist, but that he did not feel the certification qualified him to make decisions required by the proposed changes in the Tree Preservation ordinance. He said he believed landscape architects were also not qualified for such decisions. He suggested that a crew of tree professionals be designated to make the decisions. Robert Milks, 388 Dellwood Drive, stated that he would focus his comments relative to the South Hills Study area. He said a main purpose of the study was to preserve the natural character of the area, but that lack of enforcement had prevented attainment of that goal. He said he believed individual homeowners and developers had violated its principles. He said he favored enforcement of the Tree Preservation Ordinance in the fashion suggested by Mr. McCartney. Jonathan M. Ramey, 2120 Summit Avenue, stated that he had closely followed revisions made to proposals for enforcement of the Tree Preservation Ordinance. He said he believed there continued to be problems with the proposal under consideration--private tree professions were not qualified to make legal decisions, potential conflicts of interest were created for those making decisions about removal of trees, private citizen Cause of Action litigation was not an effective means of enforcement, the intention of the ordinance revision is unclear. Tash Shaheed, 3395 Onyx Street, recommended consideration of including professional foresters in a study group to evaluate the appropriateness of the ordinance amendment proposals. John Moriarty, 342 Rosewood Avenue, stated that he was secretary of the Many Rivers Group of the Sierra Club. He said that he disagreed with the budgetary justification for amendment of Minutes--Eugene City Council April 6, 1998 Page 3 7:30 p.m. the Tree Preservation Ordinance. He said his concerns were that reduced enforcement would be unable to withstand increasing pressure from development interests, and that citizen enforcement of the ordinance was biased against individuals. He submitted copies of a written version of his testimony. Terry Harding, 973 Madison Street, stated that she was a member of the Eugene Tree Foundation which provided education about the value of trees, and advocated for the care and preservation of them. She submitted a letter containing her testimony. She believed the proposed revisions of the Tree Preservation Ordinance jeopardized the valuable community resource of trees. She said trees enhance the quality of life of area residents. Tom Lillard, 33830 Row River Road, Cottage Grove, stated that he was a tree consultant with Arbor Excellence. He discussed the qualifications of certified arborists, foresters, and landscape architects to make decisions required by the proposed changes to the Tree Preservation Ordinance. He recommended that an approved group of specialists be given responsibility for such decisions. Matthew Rivers, 1515 Crest Drive, stated that he was a certified arborist and that he agreed with the recommendation of Mr. Lillard. Frank Drysdale, 912 Van Buren Street, submitted copies of his testimony. He said that he believed the proposed changes to the Tree Preservation Ordinance negated its intent. He said he was concerned that the changes traded off enforcement of policy because of insufficient financial resources; that the changes forced the use of courts, rather than orderly administrative procedures; that the changes moved language pertaining to trees on undeveloped parcels to sections pertaining to street trees; and that the changes reduced public comment and notification. James Gent, 2090 Floral Hill Drive, stated that he supported continuing funding for the Urban Forester program. He recounted personal experiences in working with the program. He said he agreed that certified arborists would benefit from special training to be qualified for the proposed responsibilities. He said he believed a longer period of time needed to be provided for the posting of trees to be felled. Ron Funke, 1958 Fircrest Drive, said he agreed with much of the testimony already given. He said he appreciated the need to streamline government, but that he did not believe it necessarily made it more effective. Mary Ann Holser, 2620 Cresta de Ruta, described her experience with destruction of trees as a resident of southern California. She said she believed Certified Arborists would have a conflict of interest if the proposed amendment of the Tree Preservation Ordinance were adopted. He said she believed trees were the soul of Eugene. Barbara Keller, 2570 Onyx Street, stated that she had written the Tree Preservation Ordinance as a member of the City Council in response to clear-cutting of trees by urban developers. She said it was the least that could be accomplished and that she believed it should be expanded, not reduced in effectiveness. She said she believed the ordinance had worked in that it had protected streams and the climate, but had not prevented development. She said she believed Minutes--Eugene City Council April 6, 1998 Page 4 7:30 p.m. that the proposed amendment did not provide for adequate enforcement, that private contractors would have conflicts of interest in their roles in proposed enforcement procedures, and that revenue could be found to strengthen the ordinance. Gregory Ahlijian, 42083 Deerhorn Road, Springfield, stated that he was a member of the former Eugene Tree Commission. He said he supported testimony that had been presented. Gary E. Rayor, 2373 Washington Street, stated that he was opposed to changing the Tree Preservation Ordinance. He said he was concerned that the changes were being driven by lack of revenue. He suggested that reductions in tree preservation were the same as reducing wastewater disposal/air pollution quality management. He said he believed the cost to the City of litigation created by the proposed amendments would be higher than that required for enforcement of the ordinance. Paul Prensky, 933 East 29th Avenue, stated that he believed the cost of police enforcement during a June 1, 1997, tree cutting demonstration would have been ample to provide for partial enforcement of the Tree Preservation Ordinance. He reported that he had heard a rumor that Nike was planning to locate a manufacturing plant in Eugene and remove a large number of trees. He said he did not believe private certified arborists or landscape architects should be involved in enforcement of a City ordinance as included in amendment proposals. Mayor Torrey determined there were no other persons present wishing to testify regarding the proposed amendments to the Tree Preservation Ordinance and closed the public hearing. He announced the council would deliberate and made a decision about the proposed amendments during its meeting scheduled on April 13. Ms. Nathanson asked if a department advisory committee had participated in the preparation of the proposed amendments to the Tree Preservation Ordinance. Ms. Andersen replied that no committee had been involved in development of the proposals, but that it had been motivated by the need to meet the revenue reduction strategy approved by the council and a desire to continue the goals of the Urban Forester program. She said alternate recommendations from the council were welcome. Ms. Nathanson asked why it was being proposed that certified arborists and landscape architects be required to provide certification that tree felling is appropriate. Ms. Andersen said that the occupations were the only ones proficient in related fields with certification processes. Ms. Nathanson asked what recourse was provided for the City or citizens if bad judgments were given by arborists or landscape architects. Ms. Andersen stated that censure would be difficult because it would require professional testimony and egregious negative intent would have to be proven. Ms. Swanson Gribskov asked if proposed amendments of the Tree Preservation Ordinance affected details of Planned Unit Development (PUD) planning processes. Ms. Andersen replied that they did not since PUD processes integrated tree and development management and provided independent enforcement mechanisms. Minutes--Eugene City Council April 6, 1998 Page 5 7:30 p.m. Mr. Tollenaar asked if occupied properties were exempt from the Tree Preservation Ordinance amendment proposals. Ms. Andersen replied that amendment language changed references to "undeveloped" property, but continued its application to all property. Ms. Taylor asked what would result from the council not adopting the Tree Preservation Ordinance amendment proposals. Ms. Andersen replied that the ordinance would continue to be in force, but it would be an unfunded program and the council would need to seek revenue for it. Mr. Lee suggested that the council could consider leaving the ordinance in place and request that alternate administration procedures for it be developed. He asked that such a proposal be prepared. Mr. Wong pointed out that funding of enforcement of the Tree Preservation ordinance was not currently available, but could be developed in the FY99 budget development process. He said he believed such funding would require cuts in other programs. Ms. Swanson Gribskov requested that information regarding alternatives such as developing a pool of qualified persons to provide tree-felling certification be provided to the council. Mr. Tollenaar said he believed it was possible to provide for interim funding of enforcement of the Tree Preservation Ordinance until FY99 and that the arrival of the construction season suggested that enforcement was desirable. Mr. Wong replied that he believed it would be possible to develop a work plan for developing interim funding for enforcement of the ordinance by the May 13 meeting of the council. IV. PUBLIC HEARINGS: MOSS AND COLUMBIA STREET VACATIONS FOR THE UNIVERSITY OF OREGON Planning Division Land Use Permit Planner Kent Kullby stated that the council was asked to hold a joint public hearing for two street vacation applications submitted by the University of Oregon; discuss issues, giving indication of likely action on the vacations; and provide direction to staff regarding assessments for the vacations. Mr. Kullby reviewed City Council actions on previous vacation requests in the vicinity of the current proposals. He cited information contained in the Agenda Item Summary regarding the applications, and referred to a memorandum regarding the requests from a representative of the university included in background material distributed with the agenda of the meeting. Mr. Kullby reported staff findings regarding the applications: (1) Motor vehicle movement will not be negatively affected; (2) Parking will not be displaced onto public streets; (3) Cooperation with the university would be enhanced; and (4) Campus parking will be kept close to campus. He said staff recommended that vacation of the streets was in the public interest. Mr. Kullby referred to calculation of assessments for the value of the street proposed for vacation as described in the Agenda Item Summary. He discussed negotiations between staff and Minutes--Eugene City Council April 6, 1998 Page 6 7:30 p.m. representatives of the university regarding the assessments. He reported staff recommendations for the assessments. He reviewed alternative options which could be considered by the council. Mr. Tollenaar asked why the appraisal of the streets for which vacation was sought used the value of property zoned Multiple Family Residential (R-4) for comparison and not that of property zoned Public Land (PL) which abutted the streets. Mr. Kullby replied that doing so was common appraisal practice since no assessed value was established for property zoned PL. Mayor Torrey opened the public hearing. Chris Ramey, 1755 Fairmount, stated that he was the University of Oregon architect and Director of Facilities Planning. He thanked staff for its work on the vacation applications. He said the university agreed with the recommendation that the vacations were appropriate. Mr. Ramey discussed the staff recommendation for assessment of the streets proposed to be vacated. He stated that the mission of the university was to provide benefit to the State. He reviewed benefits provided to citizens of Eugene--use of libraries, summer camp programs, early childhood intervention and assessment programs, and cooperative transfer of properties. He urged councilors to consider the unique nature of the vacations and recommend that a nominal amount be assessed for their value. Mayor Torrey determined there was no one else present who wished to testify and closed the public hearing. Mr. Lee stated that he believed the vacation applications were an opportunity for the City and University of Oregon to work cooperatively on a major project. He said he supported Option 4 of the staff report, the establishment of nominal assessments for the value of the streets. Mr. Meisner said that he concurred with Mr. Lee on Option 4 and encouraged the council to approve the vacations and support establishment of nominal assessments because of the support provided by the university for accomplishing the council goal of increasing the availability of affordable housing. He said he did not believe the streets proposed for vacation were of use to the City and that the appraisals on which assessment recommendations were based represented a fair market value. Ms. Swanson Gribskov said she did not believe it was possible to calculate a reasonable value for the streets proposed for vacation. She said she favored Option 4 for establishing nominal assessments for the property; but if higher assessments were approved, she believed financing should be arranged. Ms. Swanson Gribskov asked who would be responsible for maintenance of the streets when they were vacated, if the value of construction and improvement of the street could be considered as a basis for assessments, and how funds for assessments were received by the City. Mr. Kullby replied that responsibility for normal maintenance of the streets would belong to the university, but that Eugene Water & Electric Board would be responsible for maintenance of Minutes--Eugene City Council April 6, 1998 Page 7 7:30 p.m. underground waterline pipe that is located in a public utility easement that is to be created with the vacation action. He said that the value of construction and improvement costs for the streets would be difficult to determine, but that they could be used as a basis for assessments. He explained that assessments were usually determined by a market appraisal of a street. He said that assessment charges were placed in the General Fund of the City. Ms. Nathanson pointed out that maps submitted with the applications for vacation showed the streets in question were "stumps" less than a block long. She said she supported establishment of nominal assessments (Option 4) for the property because it was entirely within the campus of the university and the vacations eliminated City maintenance and operating expenses. Ms. Taylor rhetorically asked if the City could afford to not set a significant assessment for the vacated streets under consideration. She said she believed a 50 percent reduction in the proposed assessments was generous and supported recommending they be established (Option 1). Mr. Tollenaar stated that he appreciated the attempt of staff to seek a significant assessment for the vacated streets under consideration. He said he supported Option 4, and he hoped the council recommendation to establish a nominal value for the streets would not be considered a precedent. He expressed recognition of the benefits provided to the City by the university but also stated that the City provided many benefits to the university even though the University was not required to pay property taxes. Mr. Meisner suggested that establishment of nominal assessments for the street vacation could be considered a basis for a land trade in the future of benefit to the City. Mayor Torrey asked the City Attorney if council action recommending nominal assessment could be considered a precedent. Mr. Klein replied that all actions of the council created precedent, but that not all actions were binding on future council decisions. Mayor Torrey requested that staff investigate the potential for the university to transfer property to the City in lieu of payment of street vacation assessments. He suggested that contributions made to City affordable housing programs made by the university be identified as justification for providing nominal assessments. Mr. Wong stated that he shared the concern about setting precedent regarding setting nominal assessments for street vacations. He said the seemingly favorable inclination of the council toward such nominal assessments for the university could set no precedent on similar assessments for vacations requested by private and business property owners. Mr. Lee left the meeting at approximately 9:15 p.m. Ms. Taylor stated that she was concerned that setting a nominal assessment for the proposed vacations would reduce City revenue which could be used to support programs such as Tree Ordinance enforcement which had been eliminated by Measure 50 cutbacks. Ms. Nathanson said she believed the record of council discussion of issues related to the vacation applications should become part of its legislative history. Minutes--Eugene City Council April 6, 1998 Page 8 7:30 p.m. Mr. Meisner stated that he supported increasing General Fund revenue, but that he believed a council recommendation for nominal assessments for the proposed vacations was based on the public benefit they provided and did not relate to any responsibility for public funds. He said he did not believe such a recommendation would set a precedent because it was deviation from previously set precedents. Mr. Tollenaar suggested that when an ordinance for the proposed vacations was drafted, it cite elimination of City responsibilities for maintenance of the streets. Mayor Torrey stated that further consideration and a decision regarding applications for vacation of streets by the University of Oregon would take place at the council meeting scheduled on April 13. V. PUBLIC HEARING: ORDINANCE CONCERNING PUBLIC CONTRACTING REGULATIONS Mr. Wong said the Council would consider Council Bill 4641, an ordinance concerning public contracting regulations which amended sections 2.1220, 2.1225, and 2.1245 of the Eugene Code, 1971. He said the ordinance implemented 1997 State legislation and the City of Eugene Telecommunications Ordinance. Mayor Torrey opened the public hearing. Mayor Torrey determined there was no one present desiring to testify on Council Bill 4641 and closed the public hearing. Mr. Tollenaar moved, seconded by Ms. Nathanson, that Council Bill 4641, with unanimous consent of the council, be read the second time by council bill number only and that enactment be considered at this time. The motion was adopted unanimously, 5:0, Mr. Lee having left the meeting. Mr. Wong announced that the council would consider Council Bill 4641 by number only. Mr. Tollenaar moved, seconded by Ms. Nathanson that Council Bill 4641 be approved and given final passage. The motion was adopted unanimously, 5:0 and became Ordinance 20111. VI. ORDINANCE CONCERNING ADOPTION OF TOXICS RIGHT-TO-KNOW RE- PORTING INSTRUCTIONS Mr. Wong announced that the council would consider Council Bill 4642, an ordinance implementing Amendment IV to the Eugene Charter of 1976. Mr. Tollenaar moved, seconded by Ms. Nathanson, that Council Bill 4642, with unanimous consent of the council, be read the second time by council Minutes--Eugene City Council April 6, 1998 Page 9 7:30 p.m. bill number only; and that enactment be considered at this time. The motion was adopted unanimously, 5:0. City Attorney Glenn Klein pointed out that since six councilors were not present to vote on Council Bill 4642, it would not be possible to declare an emergency and enact the ordinance immediately. Mr. Wong announced that the council would consider Council Bill 4642 by number only. Mr. Tollenaar moved, seconded by Ms. Nathanson, that Council Bill 4642 be approved and given final passage. The motion was adopted unanimously, 5:0 and became Ordinance 20112. ORDINANCE CONCERNING THE CITY RECORDER AND THE FINANCE OFFICER REFERENCES IN THE EUGENE CODE Mr. Wong announced that the council would consider Council Bill 4643, an ordinance concerning City Recorder and Finance Officer references in the Eugene Code, 1971; repealing section 2.025 of that code; and amending sections 2.030 and 2.500 of that code. Mr. Tollenaar moved, seconded by Ms. Nathanson, that Council Bill 4643, with the unanimous consent of the council, be read the second time by council bill number only; and that enactment be considered at this time. The motion was adopted unanimously, 5:0. Mr. Wong announced that the council would consider Council Bill 4643 by number only. Mr. Tollenaar moved, seconded by Ms. Nathanson, that Council Bill 4643 be approved and given final passage. The motion was adopted unanimously, 5:0 and became Ordinance 20113. Prior to the closure of the meeting, Mr. Tollenaar stated that he believed sentence 1 in paragraph 4 on page 3 of the Minutes of the Hearing Official's public hearing regarding the Barger Drive and Legacy Street local improvement district (refers Item II in this meeting) should be corrected, as follows: Mr. Lyle also noted that the assessment for the sanitary and storm sewer systems would not be levied against the properties located outside of the City limits until those properties were to be annexed and/or service is provided. The council agreed with him. The meeting adjourned at 9:45 p.m. Respectfully submitted, Minutes--Eugene City Council April 6, 1998 Page 10 7:30 p.m. James R. Johnson City Manager Pro Tem (Recorded by Dan Lindstrom) Minutes--Eugene City Council April 6, 1998 Page 11 7:30 p.m.