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HomeMy WebLinkAboutCC Minutes - 03/10/03 Mtg M I N U T E S Eugene City Council Regular Meeting Council ChamberEugene City Hall B March 10, 2003 7:30 p.m. COUNCILORS PRESENT: é Scott Meisner, David Kelly, Jennifer Solomon Gary Pap, Bonny Bettman, George Poling. COUNCILORS ABSENT: Betty Taylor, Nancy Nathanson. CITY COUNCIL MEETING Mayor James D. Torrey called the meeting to order. 1.PUBLIC FORUM Lynda Duffy , representing Blues for HUES Program, said the program was assisting families all over Lane County, adding that the program was not constrained by the EWEB low-income energy assistance program. She said there were fund-raising events scheduled for March 22 at the Wild Duck and on March 28 at the Eugene Hilton. She urged the council to support the program and attend the events. th Paul Biondi , 615 38 Place, Florence, Oregon, spoke in favor of the HUES Program. He noted that the events would be good fun but stressed the seriousness of the purpose of the events which was to help people who were unable to secure low-income energy assistance. th Paul Conte , 1461 West 10 Avenue, criticized the report on social service analysis done by the City of Eugene. He said he had been member of the ad hoc social service siting task force. He said the council had directed the group to analyze social service impacts and make a recommendation on how to address those impacts. He pointed out that the staff report on the groups work contained no basic data on the number of locations of social services in the city of = Eugene, no analysis of the scope of their impacts, and no recommendation beyond developing a model code of conduct. He stressed that the lack of data did not reflect the level of interest shown by citizens involved in the process and surmised that the lack of data was due to an attempt to lower the costs of staff work. That type of data, he observed, was fairly A straightforward. Mr. Conte suggested reviewing some well-publicized cases and applying @ common sense. He cited the CODA Methadone Clinic and the Food For Lane County dinner service. He noted that both agencies had problems managing anti-social behavior by some of their clients, which had negative impacts on nearby residents and businesses. He noted that neither agency had consulted with neighbors before the service was sited to determine whether the location was appropriate. He stressed the importance of social service agencies working with neighbors in areas where facilities were planned to be located. MINUTESEugene City Council March 10, 2003 Page 1 C Regular Meeting Kenneth Raymen , 2150 Laura Street, Springfield, offered an alternative to renaming Centennial Boulevard to Martin Luther King Boulevard, suggesting that the Ferry Street Bridge be renamed the Martin Luther King Memorial Bridge. He said renaming the bridge would not impose the same burdens on residents and businesses that renaming Centennial Boulevard would. He explained that the Ferry Street Bridge closely resembles the Edmund Petis Bridge in Selma, Alabama, where Dr. King and his supporters staged civil rights demonstrations in the 1960s. He added that the bridge would help students imagine what the bridge crossings led by Dr. King in the 1960s would have been like. Mr. Raymen said Dr. King was constantly trying to build social bridges and said that naming a bridge in his honor would help symbolize that work. Jordi Humphreys , 305 Blair Street, spoke on behalf of transgendered individuals and their inclusion in the protections listed in the Citys Human Rights Code. As a facilitator for transitioning = men, he personally knew people who had been discriminated against for housing, jobs, access to public space, and who did not speak out for fear of retribution. He said there were more transgendered people in Eugene than people realize, and urged the council to help protect that population from discrimination. Mayor Torrey closed the Public Forum and called for council comments. Councilor Meisner acknowledged that Mr. Contes concerns were shared by many citizens. He = called for a work session on social service siting standards. Councilor Meisner said the idea of renaming the Ferry Street Bridge was a valid suggestion. He stressed that the real goal was to honor Dr. King and not to rename Centennial Boulevard. The City, he continued, should be attached to the goal and not the particular technique of accomplishing that goal. Councilor Bettman said the National Association for the Advancement of Colored People (NAACP) supported the idea of the renaming Centennial Boulevard in honor of Dr. King, and added that as long as the idea enjoyed that level of support, she would also support that particular idea. She added that the University of Oregon and a majority of County commissioners also supported the concept. Regarding the comments of Mr. Conte, Councilor Bettman said citizens had been helpful with the process and were more concerned with the concentration of social service agencies in certain neighborhoods and the problems that resulted from that. é Councilor Pap expressed his appreciation of the HUES Program. é Councilor Pap said Mr. Humphreys exemplified the American spirit of courage to speak his opinion and expressed his pleasure that Mr. Humphreys had attended the public forum. é Councilor Pap thanked Mr. Conte for his comments. é Councilor Pap thanked Mr. Raymen for his idea of renaming the Ferry Street Bridge after Dr. King. He said the idea deserved some consideration. Councilor Solomon said she would like to participate in a work session on social service siting standards. MINUTESEugene City Council March 10, 2003 Page 2 C Regular Meeting Councilor Solomon said she appreciated the idea of honoring Dr. King by renaming the Ferry Street Bridge instead of renaming Centennial Boulevard. She noted that she had also received a suggestion that the plaza in front of the new federal courthouse be named after Dr. King. She stressed the importance of exploring all possibilities and ideas. In response to a question from Councilor Solomon regarding the direction forwarded to the pro tem Planning Commission on the Martin Luther King, Jr., project, City Manager Jim Carlson said the direction given to City staff was to move forward with the process that would lead to the renaming of the portion of Centennial Boulevard located in Eugene. He said the process would require a public hearing, a Planning Commission recommendation to the City Council and then a City Council public hearing. City Manager Carlson said some of the other ideas that had been suggested would not require Planning Commission action. He noted that the previous direction to the Planning Commission was a work in progress but added that citizens could testify at the A@ public hearings that there were other appropriate ways to honor Dr. King. Councilor Kelly said he would bring up the issue of gender identity at the Human Rights Commission retreat in the near future. Councilor Kelly expressed his appreciation of the HUES Program. Councilor Kelly said he appreciated Mr. Raymens proposal but said he would be looking to the = NAACP for guidance on any ideas for honoring Dr. King. He strongly suggested that Mr. Raymen approach the local chapter of that organization with his idea. Mayor Torrey thanked the HUES Program for its efforts. Mayor Torrey said the idea of renaming Ferry Street Bridge was a good one and worthy of further discussion. He said he was willing to take any ideas on the subject regardless of where they came from. He added that there was value to the idea of renaming Patterson Elementary School in honor of Dr. King. II.CONSENT CALENDAR A. Approval of City Council Minutes: January 27, 2003, Regular Session January 29, 2003, Work Session February 8, 2003, Council Goals Session February 10, 2003, Council Goals Session February 10, 2003, Regular Session February 12, 2003, Work Session B. Approval of Tentative Working Agenda MINUTESEugene City Council March 10, 2003 Page 3 C Regular Meeting C. Adoption of Resolution 4752 Authorizing Lane County to Assess Benefitting Properties Under the Jurisdiction of the City for Improvements to Irvington Drive Between River Road and Prairie Road D. Authorization of City Manager to Sell City Owned Property é Councilor Pap, seconded by Councilor Kelly, moved to approve the items on the Consent Calendar. Councilors Bettman and Kelly noted previously submitted minutes corrections. Councilor Bettman pulled Item C. Councilor Kelly suggested restoring one of the cancelled work sessions on the tentative working agenda to handle essential business. é In response to a question from Councilor Pap regarding Item 2(d) and the original proposal for acreage and funding for the new federal courthouse, City Manager Carlson said the original action by the council, acting as the Urban Renewal Agency, was to sell up to four acres to the General Services Administration. He said the council also took an action to proceed with the condemnation proceedings on the AutoCraft Site which was why there was both City Council and Urban Renewal Agency action planned for that evening. He said the total acreage of the site was currently 4.47 acres and that the original price for it was $3.5 million. The remaining items on the Consent Calendar passed unanimously. Regarding Item C, Councilor Bettman asked about collecting assessments on Irvington Drive and how much of the road was City property as opposed to County property. She also questioned staffs assessment of how the agreement benefitted the City. Public Works Director Kurt Corey = responded that there were 19 City properties in the total project. He said these properties constituted approximately 2,000 of frontage. He said those properties would be assessed $28 per frontage foot, which would make the total City assessment $50,000- $60,000. In response to a question from Councilor Bettman regarding the percentage of the total frontage along Irvington that City property represented, Mr. Corey said they were a small percentage of the total frontage. Councilor Bettman said she would vote against Item C. She said that the County was not providing the City with enough funding to preserve its existing street system and questioned the new decision to enter into an agreement where the County was using those same funds to build roads when some percentage of that cost could be covered by other means. She said she felt compelled to vote against any road fund project that was not dedicated to maintenance and preservation of existing roadways. Item C passed, 4:2; councilors Bettman and Kelly voting in opposition. III.PUBLIC HEARING AND ACTION: Resolution 4753 Adopting a Supplemental Budget; Making Appropriations for the City of Eugene for the Fiscal Year Beginning July 1, 2002 and Ending June 30, 2003. MINUTESEugene City Council March 10, 2003 Page 4 C Regular Meeting Budget Manager Kitty Murdoch provided a staff report. She said the supplemental budget authorized $3.5 million across all funds, noting that there were three contingency items that included fire turn outs for $37,000, another request from the Fire Department for leave payoff for A@ $30,000, and a $37,000 request to join with other cities in undertaking an audit of Qwest. She explained that the largest item in the supplemental budget was a recognition of $2.1 million in telecom payments in the Telecom Subfund. She said the General Fund had fronted the costs of the telecom expenses and needed to be paid, and that the Telecom Subfund was paying off its debts with the proposed transaction. Ms. Murdoch said there was also a large loan in the Special Assessments Capital Project Fund to the Transportation System Maintenance Fund in order to get road maintenance projects planned for the summer underway and to start working on the billing system for the Transportation System Maintenance Fee. Mayor Torrey opened the public hearing. Seeing no one wishing to speak, he closed the public hearing and called for council questions/comments. In response to a question from Councilor Kelly regarding the telecom reserve, Ms. Murdoch noted that there was no money set aside in previous years and funds was owed to the General Fund. In response to a question from Councilor Kelly regarding the size of the interfund loan to the Transportation Utility Fund, Mr. Corey said there would be a component of the loan that would be set aside for starting a billing system. He added that there would in house engineering costs associated with putting plan specifications together as well as a substantial amount of outside consulting work necessary to do non-destructive testing in advance of the 2003 construction season. In response to a question from Councilor Bettman regarding the $1.2 million for billing and setting up designs for road maintenance and the way the ordinance was worded, City Attorney Glenn Klein said it was legal to use fees from the Transportation System Maintenance Fund for related administrative costs that included a billing system. In response to a question from Councilor Bettman regarding billing service for the City and possible cost savings of having one billing system, City Manager Carlson said the two new billing systems being initiated were the ambulance billing system and the Transportation System Maintenance Fee billing system. They were two very different systems. He noted there were elements of the billing systems that could be combined but stressed that the essence of the two systems were fundamentally different. He said one was a utility system that was based on a regular billing cycle with a similar payment each period, and the other was a fee for service system based on actual incidents that needed to be connected with Fire Med and insurance carriers. Councilor Bettman raised concern over creating a billing system just for a single utility fee and possible difficulties in the future when the City would add other fees to the billing system. City Manager Carlson stressed that there would be initial costs for setting up any billing system. He noted that there was a sunset date on the Transportation System Maintenance Fee ordinance and said that was one reason for contracting out the billing system. He said, if the ordinance was MINUTESEugene City Council March 10, 2003 Page 5 C Regular Meeting a long term item, then staff would definitely make a consolidated system for stormwater, sewer, and transportation costs. Councilor Bettman said she had concerns about the way the billing was being handled. é In response to a question from Councilor Pap regarding park projects and whether there was a donation fund for the Hayes Tree Garden, Ms. Murdoch said there had been a Hayes Trust Fund, but staff had been informed that it could no longer carry trust funds and so combined several similar trust funds into a parks and recreation fund. Regarding the Hayes trust, she said that staff were keeping separate track of the bequest that was made by the Hayes family in the fund. She noted that there were several endowments in the same fund and each one needed to be tracked separately. Councilor Meisner suggested a comprehensive look at separate billing systems around the City and whether they could be consolidated. é Councilor Pap, seconded by Councilor Meisner, moved to adopt Resolution 4753, adopting a supplemental budget; making appropriations for the City of Eugene for the fiscal year beginning July 1, 2002, and ending June 30, 2003. Roll call vote; the motion passed unanimously. Mayor Torrey adjourned the meeting of the Eugene City Council and convened a meeting of the Eugene Urban Renewal Agency. IV.ACTION: Authorization of City Manager to Sell Property Owned by the Eugene Urban Renewal Agency é Mr. Pap, seconded by Mr. Meisner, moved to authorize the City Manager to sell not more than 4.5 acres of Urban Renewal Agency property to the GSA for an amount that he determines to be in the public interest. Roll call vote; the motion passed unanimously. V.ACTION: Resolution 1024 of the Urban Renewal Agency of the City of Eugene Regarding Property Tax Exemption For Long-Term Care Facilities and Adopting the Provisions of Oregon Revised Statutes (ORS) 307.881 é Mr. Pap, seconded by Mr. Meisner, moved to adopt Resolution 1024 of the Urban Renewal Agency of the City of Eugene regarding property tax exemptions for long- term care facilities and adopting the provisions of ORS 307.811. City Manager Carlson recommended that the motion be voted down, saying it was a bad precedent to allow tax exemptions on those particular types of properties. He said that State law allowed for such exemptions but stressed that staff was recommending a vote against them. He added that School District 4J had already denied the application. Roll call vote; the motion failed unanimously. MINUTESEugene City Council March 10, 2003 Page 6 C Regular Meeting Mayor Torrey adjourned the meeting of the Urban Renewal Agency for the City of Eugene and reconvened the meeting of the Eugene City Council. VI.ACTION: Resolution 4754 of the City of Eugene Regarding Property Tax Exemption for Long-Term Care Facilities and Adopting the Provisions of ORS 307.811 é Councilor Pap, seconded by Councilor Meisner, moved to adopt Resolution 4754 of the City of Eugene regarding property tax exemptions for long-term care facilities and adopting provisions of ORS 307.811. Roll call vote; the motion failed unanimously. VII.ACTION: City Manager Employment Agreement Approval é Councilor Pap, seconded by Councilor Meisner, moved to approve the terms of the attached employment agreement with Dennis Taylor. Roll call vote; the motion passed unanimously. VIII.ACTION: Fall 2002 Draft Land Use Code Amendments An Ordinance Concerning Amendments to Entertainment and Ordinance 5: Recreation Uses, Parking Area Landscaping Standards, and Other Provisions of Chapter 9 of the Eugene Code, 1971; Adopting a Severability Clause; and Providing an Effective Date; and An Ordinance Concerning Quasi-Judicial Procedures; Repealing Ordinance 6: Sections 2.390, 2.391, 2.392, 2.393, 2.394, 2.395, 2.396, 2.397, 2.398, 2.399, and 2.400 of the Eugene Code, 1971; Amending Sections 2.1066, 9.7065, and 9.7075 of that code; Adding Sections 9.7070, 9.7072, and 9.7090 to that code; and Providing an Effective Date Teresa Bishow of the Planning and Development Department spoke representing Planning staff. She said Ordinance 5 contained corrections asked for by the council. She noted that the corrected Ordinance 5 was before the council as well as a proposed motion for the corrected ordinance. Ms. Bishow said Andrea Riner, Parks Planning Manager, was available at the meeting to answer any questions that the council might have concerning how Ordinance 5 could impact parks projects. Ms. Bishow noted that Councilor Bettman had requested a proposed motion regarding the policy question of whether to allow adjustments to standards in overlay zones based on if the proposed project met the purpose of the overlay zone or if, in addition, the project should also be based on the existence of a physical or legal constraint. é Councilor Pap, seconded by Councilor Meisner, moved that the City Council adopt Council Bill 4821 and the corrected Ordinance Five, as issued on MINUTESEugene City Council March 10, 2003 Page 7 C Regular Meeting March 10, 2003, an ordinance concerning the amendments to entertainment and recreation uses, parking area landscaping standards and other provisions of Chapter 9. Councilor Kelly thanked staff for its work in incorporating council direction into the proposed ordinance. Councilor Bettman, seconded by Councilor Kelly, moved to amend the corrected ordinance 5, Section 24, Provision 9.8030(14) to read: Overlay Zone Development Standards Adjustment. Where this land use A code provides that the applicable overlay zone standards may be adjusted, the standards may be adjusted upon finding that both of the following are met: (a) The adjustment is necessary due to topography, natural features, A easements, and similar physical or legal constraints that preclude full compliance. Self imposed conditions do not satisfy this criterion. (b) The adjustment of the standards will result in a development that is A consistent with the purpose of the overlay. @ Councilor Bettman said the unadjusted wording removed the criteria for triggering adjustment review and allowed adjustment review for any reason at all. She said the amended language still provided a lot of flexibility but also gave predictability to the public regarding standards that had been adopted through a sanctioned public process. She added that the amendment would help cut down on staff time devoted to adjustment reviews. é In response to a question from Councilor Pap regarding staffs views on the amendment, Ms. = Bishow said the adjustment review process was an administrative decision by the planning director but added that notice was provided to nearby property owners as well as tenants or occupants that lived nearby. She said there was an opportunity for public comment, but noted that such a request was not the type of land use application that went to a public heading except on appeal. She acknowledged that staff had been devoting more time than anticipated to adjustment reviews. Planning Director Jan Childs cited the recent discussion of the Crescent nodal development, where there was concern that the nodal development overlay zone required 30 residential units per net acre rather than the 20 units that would be required in the base R-4 zoning district. She said the council and the Board of County Commissioners had both asked for information on how that number could be adjusted down while still meeting the goal of 12 units per net acre. She said that particular piece of property was flat land and did not have topographic natural features, easements, or similar physical or legal constraints that precluded full compliance. She said Councilor Bettmans amendment would make it impossible to seek an adjustment to reduce the = density on that R-4 property. In response to a question from Councilor Meisner regarding what was meant by self-imposed constraints or conditions, Ms. Bishow said there were situations where a developer designed a project and intentionally created a situation where it was not in compliance. In response to a concern raised by Councilor Meisner that there would be constant legal arguments and interpretations over self-imposed conditions, Ms. Bishow acknowledged that self- MINUTESEugene City Council March 10, 2003 Page 8 C Regular Meeting imposed conditions was a term that would be debated and interpreted as each particular application came forward. She said this was one reason why staff recommended removal of the subsection (a) regarding self-imposed hardship. Councilor Meisner said he would not support the amendment. Councilor Kelly said he would support the amendment because the language in the current ordinance was too broad. Councilor Solomon said she would not support the amendment. She said staff needed to be flexible in reviewing adjustment requests. She stressed the importance of listening to the judgement of staff and added that not every request needed a public hearing. She said the amendment was not fair to business or the development community. Councilor Bettman said the amendment was based on the original language of the existing code and actually allowed more flexibility than the original code although not as much as the proposed language. The amendment failed, 4:2; councilors Kelly and Bettman voting in favor. é In response to a question from Councilor Pap regarding the reason why conifer trees were not counted as canopy trees, Ms. Bishow said this was one of the reasons the Planning A@ Commission had recommended removal of the word canopy from Ordinance 5 as a specific A@ code mandate for basic landscape areas. She said there had been a suggestion by the council at the February 24 work session for staff to provide a change in the code definition of canopy from A@ the current definition. She said that doing this would put the council in a situation where it was amending a part of the code that had never been the subject of a public hearing. She said it would have broad implications for the code document if the council started considering changes to code sections that were not included in the Fall 2002 code amendments. é In response to a question from Councilor Pap regarding whether there were conifer trees that provided good canopy shade, Ms. Bishow said there were and added that many trees that would not meet the code standard of one canopy tree per 30 linear feet. She reiterated that this was why the Planning Commission had recommended removal of the word canopy in the proposed A@ Ordinance 5. She said there were truly magnificent trees that would not be counted as canopy A@ trees. She said the Planning Commission had trusted the judgement of landscape architects to come up with landscaping ideas without the requirement of using canopy trees as defined in the current code. She said the council had directed staff to keep the word canopy in the proposed A@ code language and continue to regulate the kind of trees that could go into a landscaped area. Ms. Bishow reiterated that there was no change to the requirement of canopy trees in parking A@ areas. é Councilor Pap seconded by Councilor Solomon, moved to amend the motion by removing the word canopy from Ordinance 5. A@ In response to a question from Councilor Solomon regarding current allowances for adjustment in planting canopy trees, Ms. Bishow said a developer could currently request an adjustment to the canopy tree standard. She noted that approval criteria would have to be met before an adjustment was granted. MINUTESEugene City Council March 10, 2003 Page 9 C Regular Meeting Councilor Solomon commented that choice was a good thing and said she would support the amendment. City Attorney Glenn Klein noted that the amendment was actually to amend Section 9.6210(1)(a)(1) by striking the word canopy. A@ Councilor Kelly said he would not support the amendment. He expressed his frustration over even having the discussion based on the direction provided by the council at a previous work session. Councilor Bettman said she would not support the amendment. She said the amendment would not provide a choice for developers so much as remove any requirement to use canopy trees. Councilor Meisner raised concern over the council being too obsessed with details when discussing ordinance language. He said the council was ignoring the question of what kind of landscaping was desired and why and obsessing on deciduous or conifer. He said neither the amendment or the original language was a solution and raised concern that the council was ignoring its goal by obsessing on the details. Roll call vote; the vote on the amendment resulted in a 3:3 tie; councilors é Pap, Poling, and Solomon voting yes, and councilors Meisner, Kelly, and Bettman voting no; Mayor Torrey voted in favor of the amendment, and it passed on a final vote of 4:3. Councilor Bettman moved to amend the corrected Ordinance 5 by removing Section 24 of that ordinance. The motion died for lack of a second. Roll call vote; the main motion, as amended, passed, 4:2; councilors Bettman and Kelly voting no. é Councilor Pap, seconded by Councilor Meisner, moved that the City Council adopt Council Bill 4822, an ordinance concerning quasi-judicial procedures. Roll call vote; the motion passed unanimously. IX.ACTION: Resolution 4751 Establishing Hazardous Substance User Fees for the Fiscal Year Commencing July 1, 2003 é Councilor Pap, seconded by Councilor Meisner, moved to approve Resolution 4751, establishing hazardous substance user fees for the fiscal year commencing July 1, 2003. Councilor Poling, seconded by Councilor Solomon, moved to table the item until the March 12, 2003, work session. In response to a question from Councilor Meisner regarding what would be moved off the agenda, City Manager Carlson said the update on the Park and Open Space efforts could be postponed since it was not a time-sensitive item. MINUTESEugene City Council March 10, 2003 Page 10 C Regular Meeting Councilor Bettman was against postponing the item. She said there had been a public hearing and discussion and no new information had come forward. Councilor Poling said all eight of the councilors should be present to have a vote on the issue. Councilor Bettman said there were no requests from absent councilors not to vote on the issue. Roll call vote; the motion to table passed, 4:2; councilors Kelly and Bettman voting in opposition. X.ACTION: An Ordinance Concerning Elections; Amending Sections 2.964, 2.966, 2.970, 2.971, 2.973, 2.976, 2.977, 2.981 and 2.986 of the Eugene Code, 1971; Repealing Section 2.975 of that Code; and Adding Section 2.965 to That Code é Councilor Pap, seconded by Councilor Meisner, moved that the City Council adopt Council Bill 4824, an ordinance concerning elections. Roll call vote; the motion passed unanimously. The meeting adjourned at 9:30 p.m. Respectfully submitted, James R. Carlson City Manager pro tem (Recorded by Joe Sams) R:\2003\Central Services Department\City Council\cc030310m2.wpd MINUTESEugene City Council March 10, 2003 Page 11 C Regular Meeting