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HomeMy WebLinkAboutCC Minutes - 12/078/98 Meeting MINUTES Eugene City Council Council Chamber--City Hall December 7, 1998 7:30 p.m. COUNCILORS PRESENT: Pat Fart, Tim Laue, Scott Meisner, Nancy Nathanson, Laurie Swanson Gribskov, Betty Taylor, Ken Tollenaar. COUNCILORS ABSENT: Bobby Lee. Mayor James Torrey called the December 7, 1998, meeting of the Eugene City Council to order at 7:30 p.m. 1. CEREMONIAL MATTERS Mayor Torrey read a proclamation acknowledging the importance of the Universal Declaration of Human Rights on the 50th anniversary of its signing. The proclamation reaffirmed the City's commitment to build on the declaration, encouraged the community to identify obstacles to progress in the field of human rights, endorsed a community-wide celebration of the anniversary and observance of "Human Rights Year," urged the United States Congress to ratify international human rights treaties and protocols, and encouraged participation in activities enhancing the spirit and meaning of the Declaration. 2. PUBLIC FORUM Mayor Torrey explained guidelines for participating in the Public Forum. John Brown, Charnelton Street (no number given), expressed appreciation to members of the council for their service to the community. He said he, as an area Rotary Club member, and other citizens were willing to become more involved in identifying graffiti in Eugene. He reported that paint for graffiti eradication was also being donated. He requested that the council authorize an increase in the hours of a Public Works Department employee who was used in graffiti eradication. Increasing the number of hours, he said, would improve unsightly defacement of public and private property in the City. Deborah Jeffries, 3800 North Delta Highway, requested that Item 3D, dealing with improvements to North Delta Highway, be removed from the Consent Calendar of the meeting and that a public hearing be scheduled on the project. She submitted a letter from River Ridge Golf Course dated December 7, 1998, in support of the request. She read from the letter which stated that recommendations and findings of the Hearings Official contained errors and omissions, and that there were factual discrepancies in the Agenda Item Summary regarding the issue. MINUTES--Eugene City Council December 7, 1998 Page 1 7:30 p.m. Courtney Jeffries, 3800 North Delta Highway, continued and concluded reading the letter submitted by Deborah Jeffries. Venessa Thompson, 110 South Garden Way, requested that Item 3E, dealing with improvements to Garden Way, be removed from the Consent Calendar of the meeting and that a public hearing be scheduled on the project. She said she believed there were errors contained in the findings and recommendations of the Hearings Official and that her main concern was that she was unable to understand what was to be done to the street in front of her home. She described damage to her property and the street caused by construction equipment. She said the interests of area residents were being ignored, trees were to be destroyed, and excessive assessments were being planned. She said a public hearing would provide an opportunity for her to better understand what was happening. Ruth M. Bowers, 155 North Garden Way, said that she believed the minutes of the hearing before the Hearings Official regarding proposed improvements to Garden Way were slanted and contained inaccuracies. She recommended that their approval be removed from the Consent Calendar of the meeting and acted on independently. She cited as an example of her concern that attendance at the hearing represented a high percentage of abutting property owners, whereas it was reported that only a small percentage of the number of property owners notified attended. She also said the record of a statement she had made missed its point. She said she believed holding a public hearing before the City Council was the only way to correct the errors and provide additional information. Jereme Grzybowski, 2766 Alder Street, stated that he had previously spoken before the council supporting establishment of a Police Commission. He said that he was a Student Senator at the University of Oregon. He said establishing a Police Commission was supported by a majority of students at the university because it would improve relations between the student body and police. He said he understood that the commission was not intended to deal with complaints against officers, but that he believed it would provide a forum for discussion of concerns. He said he believed students needed to have a voice on the commission. Michael Olson, 2766 Alder Street, stated that he was president of the Student Senate at the University of Oregon. He said he supported establishment of a Police Commission and the appointment of a student member. He said that the student perspective on police affairs was unique and could contribute to policy discussions. He suggested that Section 2.368 of the proposed ordinance could be simply amended to include a college student, that it could imply a student of either the University of Oregon or Lane Community College. He pointed out that students of the two schools comprised approximately one-third of the population of the City of Eugene. Joel Hastings, 205 North Garden Way, requested that Item 3E be removed from the Consent Calendar. He said he was concerned about the item because he believed that assessments proposed for the road improvements involved were unfair, that the plan which had been presented was vague, and that it was unclear whether new development in the area was carrying its fair share of the cost of the improvement. He reported that the assessment on his property for road improvements was estimated to be $20,000. He asked that a public hearing be held to allow citizen input from area property owners. He characterized the proposed action as an "uncaring process." MINUTES--Eugene City Council December 7, 1998 Page 2 7:30 p.m. Gordon Wylie, 313 South Garden Way, stated that he had not signed a remonstrance regarding the proposed improvements to Garden Way because he had been informed that it was not the appropriate time to do so, but that it was a possibility he would join his neighbors in doing so. He said he did not believe that any urgency regarding improving Garden Way was warranted, and that the best solution could be found through holding a public hearing regarding the issues involved. He said he wanted to work with the City and develop the most equitable plan for street improvement. David Chase, 158 Garden Way, requested that Item 3E be removed from the Consent Calendar. He said that he lived in a home first owned by his grandfather, where his father had grown up. He described his family situation and stated that he did not feel he could afford the estimated cost of the assessment on his home for the proposed road improvements and that it made him feel disinherited and disenfranchised. He said more time was needed to evaluate and understand the proposed project. He suggested that the council correct inequities which existed in the policy of assessing property abutting street improvements because it created a demoralized community. Eben Fodor, 394 East 32nd Avenue, stated that he represented a group of Garden Way residents. He said he believed there were inconsistent remonstrance filing requirements in the City Code and City Charter. He described the inconsistency. He asked that Item 3E be removed from the Consent Calendar, that staff be directed to meet with Garden Way area residents to discuss street improvements, that remonstrance provisions of the City Code be brought into conformance with those in the City Charter, and that the council undertake revision of City assessment policy. Tom Mitchell, 3355 North Delta #45, stated that he was a resident of Lakewood Mobile Home Park and strongly supported the Delta Highway improvement project. He said he was concerned about safety issues related to the highway because its use would increase with new developments being planned for Ayres Road. Jean Robinson, 275 South Garde Way, reviewed the history of her family's property ownership on Garden Way. She emphasized the variety of century-old trees in the area which were planted by her grandfather. She said she believed additional high-density development would soon take place on property to the west of Garden Way and that consideration should be given to construction of a new road in that area. Ivy Dunlap, 3460 Oxbow Way, requested that Item 3E be removed from the Consent Calendar of the meeting. She said that she was a graduate student at the University of Oregon and that she realized improvements to Garden Way were needed, but that the schematic design proposed was "at car scale, not human scale." She said additional consideration should be given to placement of the street and to make it more pedestrian-friendly. She said she did not believe the proposed assessments for the improvements had been developed equitably. Jerry Thompson, 110 South Garden Way, stated that he was opposed to the proposed improvements to Garden Way and that he believed only the developer of new residences in the area supported it. He said he believed it was time to change assessment policies of the City. He said that he believed new apartments in the area should be required to pay for street improvements because it was their development which created a need for the improvements. Mayor Torrey determined no other persons wished to speak and closed the Public Forum. MINUTES--Eugene City Council December 7, 1998 Page 3 7:30 p.m. 3. CONSENT CALENDAR A. Consent Calendar A. Approval of Council Minutes: October 21, 1998, Lunch Work Session; November 9, 1998, Dinner Work Session; and November 9, 1998, Council Meeting B. Appointments to Riverfront Research Park Commission C. Appointments to East Alton Baker Park Citizen Planning Committee, Eugene- Springfield Metropolitan Partnership, Metropolitan Wastewater Management Commission, Lane Regional Air Pollution Authority and the Toxics Board D. Approval of Minutes, Findings and Recommendations from the Hearings Official; Authorization to Proceed with Design, Acquisition, and Bidding of Proposed Improvements to North Delta Highway from Green Acres Road to Ayres Road. (Job #3710) E. Approval of Minutes, Findings, and Recommendations from the Hearings Official Authorization to Proceed with Design, Acquisition, and Bidding of Proposed Improvements to Garden Way Street from Sisters View Avenue to Centennial Boulevard, and Commons Drive from the Q Street Channel Bridge to Kinsrow Avenue, and Kinsrow Avenue from Commons Drive West 250 Feet. (Job #3502 F. Ratification of Intergovernmental Relations Committee Actions of November 12, 1998 Mr. Farr moved, seconded by Mr. Tollenaar, that the items on the City Council Consent Calendar for December 7, 1998, be approved. Ms. Swanson Gribskov requested that Item 3E be removed from the Consent Calendar for independent consideration by the council. Mr. Farr requested that Items 3C and 3D be removed from the Consent Calendar for independent consideration by the council. Ms. Nathanson requested that she be allowed to suggest an amendment to the minutes of the November 9, 1998, Council Dinner Work Session in Item 3A of the Consent Calendar. Mayor Torrey determined that there was no objection to the request of Ms. Nathanson. Ms. Nathanson requested that sentence 1 of paragraph 6 on page 5 of the minutes of the November 9, 1998, Council Work Session be changed, as follows: Ms. Nathanson said it was curious that a way cannot be found to use SDCs for traffic control or safety devices necessitated by increased volume, not just something other than capacity. MINUTES--Eugene City Council December 7, 1998 Page 4 7:30 p.m. Mayor Torrey determined that there was no objection to the request of Ms. Nathanson and declared that the minutes were amended. Mr. Fart requested that he be allowed to suggest an amendment to the minutes of the November 9, 1998, Council Dinner Work Session in Item 3A of the Consent Calendar. Mayor Torrey determined that there was no objection to the request of Mr. Farr. Mr. Fart requested that sentence 3 of paragraph 1 on page 4 of the minutes of the November 9, 1998, Council Work Session be changed, as follows: Mr. Farr said he was ~ pleased that the flag on Skinner Butte was approved. Mayor Torrey determined that there was no objection to the request of Mr. Farr and declared that the minutes were amended. The motion to approve the Consent Calendar, as amended, was approved unanimously, 7:0. B. Appointments Mayor Torrey announced that Consent Calendar Item 3C was under consideration. 1. Eugene Springfield Metropolitan Partnership Mr. Farr moved, seconded by Mr. Tollenaar, that Bob Zagorin be appointed to position two of the Eugene Springfield Metropolitan Partnership for a three-year term ending December 31, 2001. The motion was adopted unanimously, 7:0. 2. Metropolitan Wastewater Management Commission Ms. Taylor moved that Ruth Duemler be reappointed to position three on the Metropolitan Wastewater Management Commission for a three-year term ending December 31, 2001. Mayor Torrey said that the motion was out of order because council made appointments to the Wastewater Management Commission based on a nomination of the Mayor. Mr. Fart moved, seconded by Mr. Tollenaar, that Deborah Evans be appointed to position three on the Metropolitan Wastewater Management Commission for a three-year term ending December 31, 2001. Ms. Taylor said that she was opposed to the appointment of Deborah Evans because Ruth Duemler had served on the Metropolitan Wastewater Management Commission since 1995 and had applied for reappointment. She said she believed Ms. Duemler was experienced and qualified for the position and that the council should make such appointments. MINUTES--Eugene City Council December 7, 1998 Page 5 7:30 p.m. Ms. Swanson Gribskov asked Mayor Torrey to explain why he had nominated Ms. Evans to fill the vacancy on the Metropolitan Wastewater Management Commission. She said the concern raised by Ms. Taylor illustrated the importance of her previously stated request that qualifications and backgrounds for nominations be provided when the council was asked to make appointments. Mayor Torrey stated that Ms. Duemler had made excellent contributions during the more than one full term of her service as a member of the Metropolitan Wastewater Management Commission. He said he had chosen to nominate Ms. Evans instead of Ms. Duemler because of Ms. Evans' equal qualifications, and because his resignation in January would leave the commission without a representative from the City in the area north of the Willamette River or from the River Road/Santa Clara area. He said Ms. Evans filled the representation void and reviewed her qualifications and experience with wastewater management issues. He said the recommendation had not been easily made. Mr. Tollenaar said that he supported the Mayor's recommendation, with respect for the qualifications of Ms. Duemler. He said that he was also familiar with the qualifications and experience of Ms. Evans, and that he believed the River Road/Santa Clara area should be represented on the commission. The motion was adopted 6:1, with Ms. Taylor voting negatively. 3. Lane Regional Air Pollution Authority Mr. Fart moved, seconded by Mr. Tollenaar, that Jimmie Chattier be appointed to fill the unexpired term of position two ending on December 31, 2000, on the Lane Regional Air Pollution Authority. Ms. Taylor said that she was opposed to the appointment of Jimmie Chattier to the Lane Regional Air Pollution Authority because, as a member of the authority, she was aware of the importance of appointing persons with experience. She said she believed applicant Ray Wolfe was eminently qualified for the position and reviewed his education, qualifications, and experience with service on public boards and committees. Mr. Tollenaar stated that he shared the opposition of Ms. Taylor to the appointment of Mr. Chartier because of his knowledge of the experience and background of Mr. Wolfe. He described his experience with Mr. Wolfe as an enlightened and independent person. Mayor Torrey said that he continued to support his nomination of Mr. Chartier. The motion was adopted, 5:2, with Ms. Taylor and Mr. Tollenaar voting opposed. 4. East Alton Baker Park Citizen Planning Committee and Toxics Board Mr. Fart moved, seconded by Mr. Tollenaar, that appointments be made to the East Alton Baker Park Citizen Planning Committee, as follows: Heather Omart to position one for a three-year term ending Dec. 31, 2001, David Belyea to position five for a three-year term ending Dec. 31, 2001, MINUTES--Eugene City Council December 7, 1998 Page 6 7:30 p.m. Dave Sonnichsen to position eight for a three-year term ending Dec 31, 2001, James Gent to position nine for a three-year term ending Dec. 31, 2001, and Gail Smith to position eleven for a three-year term ending Dec. 31, 2001; and that appointments be made to the Toxics Board, as follows: Steve Morgan to position two for a three-year term ending Jan. 22, 2002, and Steve Johnson to position five for a three-year term ending Jan. 22, 2002. The motion was adopted unanimously, 7:0. C. Improvements to North Delta Highway Mayor Torrey announced that Consent Calendar Item 3D was under consideration. City Engineer Les Lyle stated that approval of Agenda Item 3D would authorize staff to proceed with the formal design process, right-of-way acquisition, and bidding of improvements for the North Delta Highway project. He explained that when those processes had been completed, a public hearing before a Hearings Official regarding formation of a Local Improvement District (LID) would be held. He said all affected properties would be invited to participate in the hearing, the minutes and findings of the hearing would be presented to the council, and the council would decide if an LID should be formed. Mr. Fart asked if there was precedent for a public hearing before the City Council before completion of the process described. Mr. Lyle replied that he was not aware of such a precedent and that the typical (code) time for a public hearing before the council was if there was a majority remonstrance. He said public hearings about street improvements were normally delegated to the Hearings Official and was the reason the council was asked to approve minutes, findings, and recommendations from the hearings. He added that since the project in question was identified in the Capital Improvement Program, it did not require the public hearing or information session which had been held. He said experience had led to the practice of seeking approval of the council before moving a project into the design stage. Mr. Fart asked if authorizing staff to proceed with the design, acquisition, and bidding elements of the project in question was irreversible. Mr. Lyle replied that, if it was determined that concerns of property owners were not being appropriately addressed, it was possible for the council to request a work session or conduct a public hearing on the project before the decision to process an LID was made. He stated that staff intended to work with area residents to address issues raised during the public hearing.. Mr. Fart stated that he found himself in an unusual position: he trusted the work of City staff, but felt that the Delta Highway project should be slowed and that the council should hold a public hearing regarding it. Ms. Taylor said that she also did not believe the project should be moved forward without a public hearing. Ms. Swanson Gribskov asked for an explanation of normal procedures used to appeal findings or decisions of a Hearings Official. Mr. Lyle replied that the council was not obliged to approve the MINUTES--Eugene City Council December 7, 1998 Page 7 7:30 p.m. minutes and findings of a public hearing before a Hearings Official at the current stage of the project. He said the intent of the hearing had been to provide the council with a full understanding of the issues related to the project. He said the normal process would be for the design, acquisition, and bidding stages of the project to be completed before consideration would be given to the formation of an LID and assessment issues. He said the issues raised regarding the project in question dealt with design and assessment equity. Ms. Swanson Gribskov said she believed it was awkward for the council to interfere with established procedures when an individual raised a concern about findings of a Hearings Official without dialogue regarding the concern. She asked if such a situation was common. Mr. Lyle replied that he was not aware of other situations disputing the findings of Hearings Officials. He said he had first learned of the scope of concerns when it was presented during the Public Forum of this meeting and had not been able to study the issues thoroughly. He added that if the council determined not to authorize moving the project into its design phase, no further work would be done by staff, including attempting to work through design issues raised by property owners. Mr. Tollenaar asked if any issue raised in the Public Forum would normally not be dealt with in the design phase of a project. Mr. Lyle said that all of the design issues raised would normally be dealt with in the design phase of a project and that assessment issues raised would be dealt within the process used to create a LID. Mayor Torrey said he was most concerned that right-of-way acquisitions would be irreversible. He asked why acquisition took place before approval was reached on design of a project. Mr. Lyle said that it would be possible for the council to only authorize proceeding with the design phase of the project and to identify where acquisition would be necessary. Mr. Farr moved, seconded by Mr. Tollenaar, that staff be directed to move forward with the design phase of proposed improvements to North Delta Highway from Green Acres Road to Ayres Road; and that prior to proceeding with acquisition and bidding phases of the project, a public hearing be held before the City Council, followed by a work session, and subsequent action session regarding it. City Attorney Glenn Klein asked if council action was required on the minutes, findings, and recommendations of the Hearings Official before staff could proceed with the design phase of the project. Mr. Lyle replied that it was his understanding that the council was not obligated to adopt the minutes and findings at this stage of the project because their purpose was to provide background information and for the Hearings Official to provie his interpretation of the issues. Ms. Swanson Gribskov asked Mr. Lyle to provide additional information, at some future time, about issues raised about the minutes, findings, and recommendations of the Hearings Official in the Public Forum. She also asked for an explanation of the involvement of area residents in the design phase of a street improvement project. Mr. Lyle replied that the design phase would normally include plotting the location of existing features, developing design options, and holding one or more public meetings for feedback regarding the design option proposals. Mr. Tollenaar suggested that appropriate contact with affected property owners be held during the design phase. He asked that staff provide clear education for those affected regarding code provisions such as large lot deferrals, Iow income subsidies, and Bancroft bonds. MINUTES--Eugene City Council December 7, 1998 Page 8 7:30 p.m. Ms. Taylor said that she was concerned about assessment issues raised about the project and suggested that approval to proceed with the project be postponed until the council dealt with changing City policies regarding assessments. Ms. Nathanson asked how the proposed motion differed from normal LID development processes because she hoped to avoid having the council hold a series of public hearings on the same topic. Mr. Lyle replied that he understood the motion to require that the council conduct a public hearing following completion of the design phase of the project to determine if it was satisfying concerns raised by property owners, and that the proposed work session was likely intended to consider the public feedback and assessment issues. He said that, according to the City Code, hearings regarding the formation of an LID were delegated to a Hearings Official. Ms. Nathanson said that it was her experience that hearings before a Hearings Official were useful and often resulted in modifications and conditions being imposed on proposed designs with a level of detail not generally possible by the City Council. Ms. Nathanson observed that the council normally was informed of how traffic and/or assessments affected residential properties, but that the current situation involved effects on income-producing, business property. Mr. Fart stated that he believed the council was at a critical juncture in the consideration of policies about improvement assessments. He suggested that the delay resulting from the proposed motion could allow time for the council to work on changing the policies. Mr. Meisner noted that minutes of the hearing before the Hearings Official regarding the project in question included testimony that a golf course should not be assessed for street improvements because the property was "not developable." He asked if such assessments were normally made. Mr. Lyle replied that the council had the ability to assess property similar to a golf course and that exemptions for them were not provided. Mr. Laue suggested that the council proceed cautiously in proposing that there be a wholesale review of assessment policies for street improvements. He said he did not believe it was fair to imply that there could be a radical change in the financing of how streets were built or improved, because most existing streets in the City had been created through assessments on abutting property and changes would involve equity issues for those who had already paid such assessments. Mr. Tollenaar said that he agreed with Mr. Laue. He pointed out that no residential property would be assessed for the street improvements in the project under consideration. He said he believed the project was badly needed and that it be completed. Mr. Fart said that he believed street improvements were more expensive than they had been in the past and that it was appropriate to evaluate current assessment policies. Mayor Torrey stated that he believed the council would need to consider assessment policies in the future and that paying for municipal infrastructure was a significant issue. He said he supported the motion under consideration. MINUTES--Eugene City Council December 7, 1998 Page 9 7:30 p.m. Mr. Tollenaar said he believed the motion could be improved if a public hearing before the council following completion of the design stage of the project was not required. Mr. Fart requested that the second clause of his motion be amended, as follows: that prior to proceeding with acquisition and bidding phases of the project, a public hearing beJ~ before the City Council be considered, followed by a work session, and subsequent action session regarding it. Mayor Torrey determined there was no objection to the request of Mr. Farr. The motion to authorize the design phase of the North Delta Highway project and consider a public City Council public hearing regarding it was adopted unanimously, 7:0. D. Improvements to Garden Way Mayor Torrey announced that Consent Calendar Item 3E was under consideration. Mr. Farr moved, seconded by Mr. Tollenaar, that staff be directed to move forward with the design phase of proposed improvements to Garden Way from Sisters View Avenue to Centennial Boulevard, and Commons Drive from the Q Street Channel Bridge to Kinsrow Avenue, and Kinsrow Avenue from Commons Drive West 250 feet; and that prior to proceeding with acquisition and bidding phases of the project, a public hearing before the City Council be considered, followed by a work session, and subsequent action session regarding it. Ms. Swanson Gribskov said it was clear that the best interests of the public would be served by improvements to Garden Way, but that concerns about high assessments for the improvements were legitimate. She suggested that additional public dialogue regarding the project would be helpful. Ms. Taylor asked if design work on the project would include area residents. Mr. Lyle replied that design work would definitely involve persons living in the area. Mr. Meisner said he did not believe there was any immediacy about the project under consideration. He stated that improvement of streets to City standards had historically been accomplished through assessments paid by home owners and developers. He pointed out that Growth Management Policies required that new development pay the cost of extending City infrastructure, but that consideration had not been given to costs required by improvements needed as the result of impacts from outside an immediate area. Mr. Tollenaar said that he agreed with the comments of Mr. Meisner. Ms. Nathanson expressed appreciation for the deliberations of councilors on issues related to assessment policies. She said she would continue to work to correct inequities. MINUTES--Eugene City Council December 7, 1998 Page 10 7:30 p.m. Mayor Torrey said those who had expressed concerns about North Delta Highway and Garden Way street improvements should prepare to participate in council public hearings and action regarding assessments. He said the issues were important and more complicated for property adjacent to land outside City limits since such improvements also required approval from the Lane Board of County Commissioners. The motion to authorize the design phase of the Garden Way project and consider a City Council public hearing regarding it was adopted unanimously, 7:0. Mayor Torrey declared a five-minute recess in the meeting. 4. PUBLIC HEARING: RESOLUTION CONCERNING CITY OF EUGENE SUPPLEMENTAL BUDGET NO. 2 FOR FY99 City Manager Jim Johnson suggested that the council hold its public hearing before any staff presentations. Mayor Torrey opened the public hearing on the City of Eugene Supplemental Budget No. 2 for FY99. Howard Bonnett, 1835 East 28th Avenue, expressed appreciation for the work of the City Council. He said he wished to testify regarding proposed uses of one-time General Fund resources because a meeting of the Budget Committee scheduled to consider it had not been held due to the lack of a quorum. He said he feared the proposals funded new services with the resources without consideration of the need for sustainable funding of on-going programs. He recommended that the resources be considered Unappropriated Ending Fund Balance and placed in the Contingency Fund until they could be fully considered as part of the budget development process. He said that, over the years, he had observed support of on-going programs through the expenditure of one-time resources in the guise of supplementary budgets. Mayor Torrey determined that there were no other persons wishing to testify and closed the public hearing. Administrative Services Director Warren Wong addressed supplemental budget proposals for both the City and Urban Renewal Agency. He said the bulk of what was in the supplemental budgets had resulted from closure of the last fiscal year and completion of its audit. He explained that most of the adjustments were called "Beginning Working Capital Adjustments," which reconciled the actual ending cash balances with what had been budgeted in June. He said additional adjustments were re-appropriations of projects started, but not completed in FY98; approved Contingency Fund allocations; and recommendations of the Interdepartmental Cooperative Team, an element of community policing efforts. He said that half of the increase of 21.75 full time equivalency (FTE) employees had resulted from passage of the Library and Parks and Open Space ballot measures. Mr. Wong reviewed sources of one-time resources for the City Budget. He noted that the total available was higher than normal because of processes used to implement Measure 50. He said that even though authorization for expenditure of the funds was requested, the City Manager MINUTES--Eugene City Council December 7, 1998 Page 11 7:30 p.m. would impose administrative spending authority on the funds and not allow their appropriation for 60-90 days to permit consideration of their use in development of the FY00 budget proposal. Ms. Swanson Gribskov asked if items related to graffiti removal in the supplemental budget were related to testimony regarding graffiti received in the Public Forum. Mr. Johnson replied that he would reply to the question of Ms. Swanson Gribskov through a memorandum to be shared with the entire council after study of the issue. Ms. Taylor said she appreciated the suggestion of Mr. Bonnet to postpone distribution of one- time resources until a later date. She asked if there were alternatives available to payment of Broadway Plaza cost over-runs. She also asked why $50,000 was being proposed for a study of implications of the placement of a new Federal Courthouse in Eugene, and if council action on the supplemental budget was required in December. Mr. Johnson replied that a memorandum distributed with the councilor's meeting packet gave detailed information about alternatives considered in the matter of the Broadway Plaza cost over- runs. Acting Co-Director of the Planning and Development Lew Bowers added that "change orders" for the project had been adopted and that only the source of the funds for the City's portion of the cost over-run needed to be determined. Mr. Johnson pointed out that Supplemental Budget No. 2 included revenue from the architect Broadway Plaza cost over-runs and that it would need to be adopted to allow its expenditure. Ms. Taylor asked for more specific information about who was responsible for the cost over-runs. Mr. Bowers replied that he believed the memorandum referred to by Mr. Johnson gave extensive details about the facts involved. He said that the mediation process used to determined responsibility had reported that it had been determined that responsibility for the cost over-run was shared and set the City's liability percentage at "far less than a majority of the cost." Ms. Taylor said she was concerned about who did what to create the situation. In response to Ms. Taylor's earlier question about a study of the implications of the placement of a courthouse, Mr. Bowers explained that the study would include analysis of how the project would fit with other planning regarding re-development of the downtown area which included the Train Station. In response to a question from Ms. Taylor, Mayor Torrey suggested that it would be appropriate for her to move that the Supplemental Budget be returned to the Budget Committee at the time the motion for its adoption was considered at the next meeting of the council. Ms. Nathanson said that she supported having a planning process for the north end of the downtown area combining efforts for the Federal Courthouse and revitalization of the remainder of the area. She suggested that the funds would be well spent on citizen involvement process and contracting of professional assistance no longer available because of staff cuts which had resulted from revenue reduction ballot measures. Mr. Tollenaar suggested that it would be helpful to councilors if public safety needs were differentiated from those of a less urgent nature, allowing separate consideration when action on the supplemental budget would be taken. MINUTES--Eugene City Council December 7, 1998 Page 12 7:30 p.m. Mr. Tollenaar said that he had hoped Library project financial management and staff backfill could have been proposed from other than one-time resources. He said he favored reassigning the resources allocated to that item to the Reserve for FY2000 Capital Projects. Mr. Meisner said he believed developing a north downtown area planning process was important. He suggested that the total proposed in the supplemental budget could be consumed by public involvement process costs alone. Mr. Meisner said he also supported the suggestion of Mr. Tollenaar to increase the funds available for Year 2000 community preparedness. Mr. Meisner said he supported canceling or waiting for additional information about the proposed funding Library project financial management and staff back fill from one time resources proposal. He said he believed the project's fiscal control should be funded from current Urban Renewal District management resources. He pointed out that the Library Director had been appointed New Library Project Director and said that support for that position should come from those same resources. Mr. Meisner said he objected to the proposed expenditure for Growth Management implementation when it had been agreed to extend implementation of the policies. Mr. Johnson stated that it was important that a New Library Project Manager be appointed. He said that revenue for the position had not been included in the serial levy approved by voters; that Urban Renewal District administration expenditures had already been reduced by council direction, but that as much as $70,000 could be available from its budget; that funds for development of the project were already considered too limited; and that one time General Fund resources appeared to be the most available to provide the revenue required. Mr. Meisner asked for functional job descriptions of persons currently engaged in Urban Renewal District administration. Mr. Johnson replied that the information would be provided. Ms. Swanson Gribskov asked if it would be possible to fund $70,000 of the Library project financial management and staff backfill budget item from Urban Renewal District administration. Mr. Johnson said that it was and that he recommended that the balance of the needed resources be allocated from one-time resources. Mayor Torrey adjourned the meeting of the City Council. 5. PUBLIC HEARING: RESOLUTION CONCERNING URBAN RENEWAL AGENCY SUPPLEMENTAL BUDGET NO. 2 FOR FY99 Mayor Torrey convened the meeting of the Urban Renewal Agency. Mayor Torrey opened the public hearing regarding the Urban Renewal Agency Supplemental Budget No 2. For FY99. Mayor Torrey determined there was no one resent wishing to testify in the public hearing. Mayor Torrey closed the public hearing. MINUTES--Eugene City Council December 7, 1998 Page 13 7:30 p.m. Mr. Wong stated that staff would revise the Urban Renewal Agency's Supplemental Budget to contain $70,000 for Library project financial management and staff backfill, as suggested in council discussion of the Supplemental City Budget. Mr. Wong said he recommended that if councilors decided to remove items from supplemental budgets, the funds should be returned to reserves, not placed into Unappropriated Ending Fund Balances because doing so would make them inaccessible for the entire fiscal year. Mayor Torrey adjourned the meeting of the Urban Renewal Agency. 6. PUBLIC HEARING: STREET VACATION FOR PORTLAND STREET CUL-DE-SAC (SV 98-5) Mayor Torrey reconvened the meeting of the City Council. Mayor Torrey opened the public hearing on vacation of a portion of a Portland Street cul-de-sac. Karl Gaines, 3145 Portland Street, stated that the council was familiar with the issues involved in the proposed right-of-way vacation, lot line adjustment, and retainment of a public utility easement. He noted that agreement had been reached regarding the street vacation and utility easement, but that there continued to be disagreement regarding payment of the cost of a survey required for the proposed lot line adjustment. Martha Wiley, 3145 Portland Street, said she requested council support for the proposed vacation, and that she believed payment of the cost of the lot line survey should be made by the City. She reviewed information which she said showed the City was aware of the situation in 1965. She said that no application for the lot line adjustment had been submitted because the City Planning Department had suggested that the current public hearing and City Council action were required before the application could be made. Dennis Casady, Post Office Box 5028, stated that he owned property within three hundred feet of the proposed vacation. He said he was concerned that Portland Street was narrow and that the vacation could impair access to the area by public safety emergency vehicles. Mayor Torrey determined that there were no other persons present who wished to testify and closed the public hearing. In response to a question from Ms. Nathanson, Planning Department Senior Planner Steven Nystrom stated that the Fire Department had indicated that it would be able to serve the emergency needs on the cul-de-sac from Portland Street if the proposed vacation was approved. He said access to the area was already encumbered and that the vacations would not create additional impairment. Ms. Nathanson asked what funds would be used to correct platting errors made by the City and pay for application processing in the situation under consideration. Mr. Johnson replied that most of the resources involved in the current situation related to the cost of fees and transferring of property value. He said that if actual expenses were involved, they would come from the General Fund. MINUTES--Eugene City Council December 7, 1998 Page 14 7:30 p.m. Mr. Tollenaar asked if the liability of the title insurance purchased at the time of the sale of the property in question had been investigated. Mr. Johnson replied that the property owner had reported that the company which had issued the policy had refused to accept responsibility for the error. Mr. Johnson announced that the council would consider Council Bill 4675, an ordinance vacating the cul-de-sac located on the east side of Portland Street, providing an effective date, and potential repeal date of June 7, 1999. Mr. Farr moved, seconded by Mr. Tollenaar, that Council Bill 4675, 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, 7:0. Mr. Johnson announced that the council would consider Council Bill 4675 by number only. Mr. Farr moved, seconded by Mr. Tollenaar, that Council Bill 4675 be approved and given final passage. The motion was adopted unanimously, 7:0. Mr. Farr moved, seconded by Mr. Tollenaar, that the City of Eugene pay for the boundary lot line survey necessary to complete the vacation approved in Council Bill 4675. Mr. Tollenaar said he believed the title insurance involved in the most recent purchase of the property in question should be held liable for not discovering the error which was requiring the lot line survey and vacation. Mr. Farr stated that he believed the City's initial error needed to be rectified by payment of the costs involved. Ms. Nathanson said that she agreed with Mr. Farr. She asked if the City Attorney could become involved in seeking repayment of costs from the title insurance company identified by Mr. Tollenaar. Mr. Klein stated that it was unlikely that the City would have anything more than moral suasion in the situation since it was not a party to the insurance policy. Mayor Torrey suggested that more could be spent in legal fees to prove the insurance provider liable than would be involved in paying for the lot line survey. Mr. Laue said that he did not believe the City bore all of the responsibility for the problem under consideration, but he would support the motion. The motion to pay for the boundary lot line survey was adopted, 6:1, with Mr. Tollenaar voting negatively. 7. PUBLIC HEARING: ORDINANCE AUTHORIZING THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUISITION BY MINUTES--Eugene City Council December 7, 1998 Page 15 7:30 p.m. CONDEMNATION OF PROPERTY INTERESTS FOR THE LOWER AMAZON ENVIRONMENTAL RESTORATION PROJECT (JOB #3531) Mayor Torrey opened the public hearing on a proposed ordinance authorizing the institution of proceedings in eminent domain for the acquisition by condemnation of property interests for the lower Amazon Creek Environmental Restoration Project. Mayor Torrey determined there was no one present wishing to testify and closed the public hearing. In response to a question from Mr. Johnson, Mayor Torrey stated that the council did not wish to have a staff presentation on the matter. 8. PUBLIC HEARING: AMENDMENT TO SECTION 2.016 OF THE EUGENE CODE RELATING TO INTERESTS IN CONTRACTS Mr. Klein stated that the proposed Section 2.016 of the Eugene Code relating to councilor's interests in City contracts had been changed since the City Council Work Session had raised concerns about it. He referred to Section 2.016(4) of the proposed ordinance amending the code distributed with the agenda of the meeting and pointed out (1) that application of the ordinance was limited to contracts made or amended during a councilor's term of office, and (2) that amendments to existing contracts were allowed during a councilor's term of office if they did not involve any increase in price. Mayor Torrey opened the public hearing. Gary Rayor, 2373 Washington Street, stated that he had not realized his potential conflict of interest when he decided to run for election as a City Councilor. He said that he planned to sell his stock in OBEC Consulting Engineers before assuming office, but that he would remain as an employee of the company and would not be affected by the code amendment. He recommended approval of the proposed ordinance. He noted that the amendment did not appear to cover issues related to indirect benefits related to partial ownership of a business holding a City contract. Mayor Torrey determined there were no other persons present wishing to testify and closed the public hearing. He announced that the council would act on the proposed ordinance on December 9, 1998. 9. APPROVAL OF FINDINGS AND RECOMMENDATIONS FROM HEARINGS OFFICIAL AND PASSAGE OF AN ORDINANCE LEVYING ASSESSMENTS FOR SANITARY SEWER EXTENSION IN PRAIRIE ROAD FROM 650 FEET SOUTH OF BELTLINE ROAD TO KAISER AVENUE, AND DECLARING AN EMERGENCY (CONTRACT #97- 08) (JOB #3437) Mr. Johnson stated that staff was available to explain the action requested. MINUTES--Eugene City Council December 7, 1998 Page 16 7:30 p.m. Mr. Johnson announced that the council would consider Council Bill 4671, an ordinance levying assessments for sanitary sewer extension in Prairie Road from 650 feet south of Prairie Road from Beltline Road to Kaiser Avenue, and declaring an emergency. (Contract 98-08) (Job #3437) Mr. Fart moved, seconded by Mr. Tollenaar, that Council Bill 4671, 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, 7:0. Mr. Johnson announced that the council would consider Council Bill 4671 by number only. Mr. Fart moved, seconded by Mr. Tollenaar, that Council Bill 4671 be approved and given final passage. The motion was adopted unanimously, 7:0. 10. ORDINANCE ADOPTING 1999 HAZARDOUS SUBSTANCE TRACKING INSTRUCTIONS Mr. Johnson stated that Exhibit A referred to in the proposed ordinance had been distributed to councilors at the beginning of the meeting. Mr. Johnson announced that the council would consider Council Bill 4669, an ordinance adopting the 1999 hazardous substance tracking instructions. Mr. Fart moved, seconded by Mr. Tollenaar, that Council Bill 4669, 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, 7:0. Mr. Johnson announced that the council would consider Council Bill 4669 by number only. Mr. Fart moved, seconded by Mr. Tollenaar, that Council Bill 4669 be approved and given final passage. The motion was adopted unanimously, 7:0. 11. ORDINANCE TO REVISE THE CITY OF EUGENE VOTER'S PAMPHLET SIGNATURE GATHERING PROCESS Mr. Johnson stated that staff was present to explain the proposed ordinance. Mr. Johnson announced that the council would consider Council Bill 4667, an ordinance concerning the City's voter's pamphlet, and amending section 2.996 of the Eugene Code, 1971. Mr. Fart moved, seconded by Mr. Tollenaar, that Council Bill 4667, with unanimous consent of the council, be read the second time by council bill number only; and that enactment be considered at this time. MINUTES--Eugene City Council December 7, 1998 Page 17 7:30 p.m. Mr. Klein pointed out that sample language to enact various ordinance options had been provided by staff. Ms. Laue asked if recent US Supreme Court decisions regarding lobbyists were relevant to the proposed ordinance. Mr. Klein replied that he had only read news reports of the decisions, but that he did not believe they were related. Mr. Laue moved, seconded by Mr. Tollenaar, that the motion be amended to delete Subsection (4) of the proposed ordinance regarding a requirement that signature gatherers wear a button, and that current Subsections (5), (6), (7), and (8) be renumbered (4), (5), (6), and (7). Mr. Tollenaar said that he supported the amendment because of the small number of signatures required to be collected to place arguments in the City's voter's pamphlet. The motion to amend was adopted unanimously, 7:0. The amended main motion was adopted unanimously, 7:0. Mr. Johnson announced that the council would consider Council Bill 4667, as amended, by number only. Mr. Farr moved, seconded by Mr. Tollenaar, that Council bill 4667, as amended, be approved and given final passage. The motion was adopted unanimously, 7:0. 12. ORDINANCE TO CREATE A POLICE COMMISSION Mr. Johnson stated that he believed suggestions developed at the Council Work Session on creating a Police Commission had been incorporated into the proposed ordinance. Ms. Swanson Gribskov stated that she was pleased that she was able to act on creating a Police Commission during her term as a City Councilor. She said she would like to consider the effects of designating one seat on the commission for a University of Oregon student. She said that if such a designation was not appropriate, she hoped creative ways to incorporate the views of students could be explored. Ms. Taylor stated that she preferred that designations for membership on the commission be suggestive only. She said she would like to have students included on the commission. Ms. Nathanson expressed appreciation for the good work of staff in addressing concerns raised about the proposed ordinance. She noted that Subsection 2.368(2) identified "youths" as a group from which members of the commission should be selected. She said that she did not support designating citizen seats on the commission for special interest groups. She also said she had also considered other suggestions for membership distribution, such as having each councilor make one appointment from his/her ward, but that she had realized that geographic distribution and other factors were regularly considered in council appointments. She said that she liked the way the proposed ordinance was written because it allowed appointment of special MINUTES--Eugene City Council December 7, 1998 Page 18 7:30 p.m. interest representatives, but avoided identifying members as "stakeholders" with responsibility to constituencies. Mayor Torrey asked if consideration had been given to removing the phrase "and consensus on" in Subsection 2.368(4)(a)(1) of the proposed ordinance because reaching consensus was a difficult requirement to achieve. Acting Chief of Police Jim Hill replied that the phrase was intended to indicate that consensus on policies was a goal of the commission Mr. Johnson announced that the council would consider Council Bill 4668, an ordinance concerning City committees; amending section 2.013 of the Eugene Code, 1971, and adding a new section 2.368 to the Eugene Code, 1971. Mr. Farr moved, seconded by Mr. Tollenaar, that Council Bill 4668, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Ms. Taylor moved to amend Subsection 2.013(1) of the proposed ordinance by changing the number of members to 12 members, eliminating all designations; and to delete nomination by the Mayor from the process of appointment by the City Council. Mayor Torrey determined that no councilor wished to second the motion of Ms. Taylor and declared that it was not under consideration. Mr. Farr moved, seconded by Mr. Tollenaar, to amend Subsection 2.368(4)(a)(1) of the proposed ordinance by deleting the phrase "and consensus on." The motion to amend was adopted unanimously, 7:0. Ms. Taylor moved to amend Subsection 2.013(1) of the proposed ordinance by deleting City Councilors as members of the Police Commission and adding that there be a student member. Mayor Torrey determined that no councilor wished to second the motion of Ms. Taylor and declared that it was not under consideration. Mr. Laue moved, seconded by Mr. Tollenaar, to amend sentence 3 of Subsection 2.368(2) of the proposed ordinance, as follows: The citizen members of the commission shall be selected from, but are not limited to, several but not necessarily all of the following groups: youths, students of the University of Oregon and Lane Community College, persons with a demonstrated interest in law enforcement, social services providers, educators, members of community or neighborhood groups, persons engaged in private business, persons with a diversity of ethnic and cultural affiliations, and persons with diverse economic backgrounds and interests. The motion to amend was adopted unanimously, 7:0. The motion to adopt Council Bill 4668, as amended was adopted unanimously, 7:0. MINUTES--Eugene City Council December 7, 1998 Page 19 7:30 p.m. Mr. Johnson announced that the council would consider Council Bill 4668 by number only. Mr. Fart moved, seconded by Mr. Tollenaar, that Council Bill 4668 be approved and given final passage. The motion was adopted unanimously, 7:0. 13. ORDINANCE ON APPOINTMENT OF ASSOCIATE JUSTICE Mr. Johnson announced that the council would consider Council Bill 4670, an ordinance concerning municipal court judges, and amending sections 2.011 and 2.773 of the Eugene Code, 1971. Mr. Fart moved, seconded by Mr. Tollenaar, that Council Bill 4670, 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, 7:0. Mr. Johnson announced that the council would consider Council Bill 4670 by number only. Mr. Fart moved, seconded by Mr. Tollenaar, that Council Bill 4670 be approved and given final passage. The motion was adopted unanimously, 7:0. The meeting adjourned at 10:45 p.m. Respectfully submitted, James R. Johnson City Manager (Recorded by Dan Lindstrom) R:~1998~Adm Services~CIS ~cc98120 7m2. wpd MINUTES--Eugene City Council December 7, 1998 Page 20 7:30 p.m.