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HomeMy WebLinkAboutCC Minutes - 01/23/06 Meeting M I N U T E S Eugene City Council Regular Session Council Chamber—City Hall January 23, 2006 7:30 p.m. COUNCILORS PRESENT: Jennifer Solomon, David Kelly, Chris Pryor, Betty Taylor, Gary Papé, Andrea Ortiz, Bonny Bettman. COUNCILORS ABSENT: George Poling. 1. PUBLIC FORUM Mayor Piercy welcomed everyone to the City Council meeting and reviewed the rules of the Public Forum. Joan Kleban , 966 Jackson Street, owner of a retail store in the downtown area, said she felt excited that there were new ideas and “new things happening” in regard to the downtown development proposed by Connor and Woolley. The fact that such development would be under one ownership created some anxiety for her, however. She thought the City should delve further into whether the developers would actually provide housing, as opposed to parking lots that the City would help to fund. She said it could be vital to provide some kind of funding for small business owners such as herself to have incentives to relocate in the downtown area. She felt it was a wonderful idea to look at development in the downtown area and that a good theater would be an asset. Jan Wilson , 1260 President Street, wished to speak about the City’s Web site. She said her work both as a public interest advocate and a general citizen required her to access the City Web site frequently. She stressed that she “almost never” was able to get what she wanted. She related that every time she visited the Web site, her computer locked up. She stated that she visited many city, county, and state agency Web sites in her work and did not have this experience with any of them. She explained that she would open a folder and by the time she paged down two pages, the computer would lock up and error messages would appear. She said once this happened she could not get back and would have to reboot the whole computer and start over. She stated that the Table of Contents for the Land Use Code had every single section of the code listed, but no matter which section a person would click on, they were given the entire 400 pages of Chapter 9. She found herself constantly calling staff. She related that she was part of the group that put together the Oregon League of Conservation Voters score card. She said she completed the County’s score card in three days, but because of extreme difficulty in accessing council minutes through the Web site she had been forced to come to the Eugene City Recorder’s Office and review hard copies of the minutes, page by page. She called the new system tedious. She acknowledged that the City spent a lot of money on the upgrade, and asked the City to spend a little more to get it right. John Dotson , 2447 Canterbury Street, related that he and his wife felt that the River Road/Santa Clara Task Force did not want them at the meetings. He said they attended several meetings at which the Open MINUTES—Eugene City Council January 23, 2006 Page 1 Regular Session Forum was at the beginning of the meeting,, but after about the third meeting it changed from the beginning to the middle of the meeting. They surmised that this was so people would not show up to testify. He alleged that this had been confirmed to them by a task force member. He said that since then the Open Forum had been moved back to the beginning of the meeting and it was suggested to him and his wife that they come and speak, should they desire. He stated that while he did not wish to belittle the work of the task force, he thought there was a “wall of communication” that prevented information from flowing. Joshua Keim , 961 Almaden Street, addressed the possibility of the use of eminent domain and condemnation proceedings to “clear the way” for a mall in downtown Eugene. He was one of approximately a dozen property owners who could be subjected to these proceedings. He said his property holdings included 55 West Broadway, which housed his offices for his restaurant management company, and 64 th West 8 Avenue, where a new bar was scheduled to open later in the week. He underscored that he was a local employer of over 110 individuals. He thanked the City Council and Mayor Piercy for the time and energy they applied to the revitalization of downtown Eugene. He believed that the city of Eugene and its people would be better off if the discussion about the use of eminent domain was taken off the table immediately. He averred that the time and energy this division of interest would consume should be spent to do something positive, something that would be inclusive of all of the diverse businesses that were currently succeeding in that area. He declared that for over 200 years, the United States Constitution guaranteed the rights of property owners and protected their property from being taken and sold to another land owner. He said now, in the wake of the recent Supreme Court decision, the City Council opened itself up to the possibility of using this “very sharp and dangerous tool.” He did not believe the City should help manipulate the free marketplace. He opined that no one would want to start a business in an unstable environment where one’s investment could be taken away so easily. He asked what would be next and where it would end. He maintained that all prime real estate was at risk; a beach-front property, farmland, or an entire suburban neighborhood could become the next target of developers. He submitted his testimony in writing. David Sonnichsen , 2435 Skyline Boulevard, stated that the Citizens Planning Committee for the Whilamut Natural Area of Alton Baker Park had passed the following motion: “To protect the scenic views of the Willamette River Greenway which are essential to the natural and recreational values of the Whilamut Natural Area in Alton Baker Park, the Citizens Planning Committee recommends that no additional bridges crossing the Willamette River exceeding the existing total of five functioning bridges or their replacements be constructed within the riverside border of Alton Baker Park. This recommendation is also intended to preclude the modification of existing pedestrian bridges to carry motorized traffic.” The bridges referenced were the Ferry Street Bridge, the DeFazio, Autzen, and Knickerbocker pedestrian and bicycle bridges, and the Interstate 5 bridge. He recalled that Howard Buford, a well-known park advocate, arrived in Eugene on 1945 and was the first planning consultant for the former Central Lane Planning Council. He said Mr. Buford formerly worked for the National Park Service and the Army Corps of Engineers. He related that Mr. Buford envisioned a central park in Eugene. He read an editorial written in 1959 that likened the proposed park to the West Potomac Park in Washington, D.C. He thanked his fellow committee members for their work. Zachary Vishanoff , Patterson Street, reiterated his concern regarding the basketball arena the University of Oregon planned to build. He felt there was not enough public discussion about it. He felt both the downtown discussion and the discussion about the basketball arena contained the possibility of eminent domain. He alleged that the arena would be a “no-bid contract.” He thought the back-up plan for the MINUTES—Eugene City Council January 23, 2006 Page 2 Regular Session Williams’ Bakery site was a research facility. He felt the Fairmount Neighbors had a right to know what was being researched, as it could be a facility for Department of Defense research. Lisa Warnes , 5020 Nectar Way, asserted that the council and staff were “throwing around ideas” about shutting down viable businesses in the downtown area and called this wrong. She noted that those businesses had made it “through the worst times.” She felt the condemnation process was for the enrichment of private interests only. She observed that Connor and Woolley contributed to the decline in the downtown area by buying buildings and leaving them vacant and being responsible for “that big, giant dangerous hole next to the Atrium building.” She opined that it would be wrong to give these developers the opportunity to use eminent domain, and especially wrong in the face of the City’s unwillingness to take eminent domain action on the Amazon Headwaters site. She reiterated the benefits the Amazon Headwaters provided the community. Mayor Piercy closed the Public Forum and called for questions and comments from the council. Councilor Papé requested a report from the Information Services Division on the City’s Web site. City Manager Taylor acknowledged that staff received frequent complaints. He said the Web site provided a rich amount of information but was slower than before. He underscored that the intent was to make more information available faster. He felt it was something staff needed to spend some time on. Councilor Papé thanked Mr. Dotson for his testimony. He stressed that the River Road/Santa Clara Task Force did want to hear from citizens. He said there would be outreach at the public meeting scheduled for February 4 at the Madison Middle School. Councilor Kelly wanted to emphasize that if the City were to provide any assistance in the Connor and Woolley development in the form of parking, there would be a development agreement requiring housing, among other items. He said he would like to hear more from Ms. Kleban as to what sorts of incentives she would recommend to aid the location of small businesses in the downtown area. Councilor Kelly commented that Ms. Wilson’s voice “joined a chorus of constituents.” He said he received a number of complaints on the Web site. He thought it would take significant effort to improve it. In response to Mr. Keim’s comments, Councilor Kelly averred that the best solution and the one most likely to bring the City to an end that would enrich the entire downtown for the broad public would be for the City to take a role in facilitating discussions between the Connor and Woolley team and current business owners. Councilor Bettman thanked everyone for testifying. She commented that it was a good suggestion to create incentives to assist small businesses but she questioned the wisdom of moving somewhere in the face of the potential threat of condemnation. She did not support the idea of the City taking a role as facilitator in negotiations between private property owners. She asserted that the mere presence of the City insinuated that the businesses would have to sell “or else.” She felt the odds did not favor small businesses when pitted against the City and a large developer. She thought people who conducted business in the downtown area and were loyal to that area for many years should have the right to continue to be business owners in that area and should not be pressured to sell. She advocated for the City pulling back from the negotiations and for letting the negotiations play out in the free market. MINUTES—Eugene City Council January 23, 2006 Page 3 Regular Session Councilor Taylor concurred with Councilor Bettman. She thought the use of eminent domain, if for the public good, was reasonable. She defined that public good as saving natural areas, habitat, and stream corridors. She opined that taking land from one business owner and giving it to another was a misuse of this law. She did not believe the City should help negotiate. She said if the council believed in free enterprise, it should let it be free. Councilor Kelly clarified that he had no intention of saying to business owners that they should “sell or else.” Councilor Ortiz thanked everyone for coming to testify. She stated that the recent council decision was to pursue a “fact-finding path” in the downtown situation. She wanted to see what the options were. Mayor Piercy underscored that everyone was looking for a “win-win” solution in the downtown area. City Manager Taylor wished to clarify that no one wanted to return to development of a mall for the downtown area. MINUTES—Eugene City Council January 23, 2006 Page 4 Regular Session 2. CONSENT CALENDAR A. Approval of City Council Minutes -November 30, 2005, Work Session -December 12, 2005, Work Session -December 12, 2005, City Council Meeting B. Approval of Tentative Working Agenda C. Resolution 4857 Calling a Public Hearing to Consider Proposed Withdrawal of Territories from the River Road Water District and River Road Park and Recreation District and from the Santa Clara Water District D. Appointments to Judicial Evaluation Committee Councilor Solomon, seconded by Councilor Ortiz, moved approval of the Consent Calendar. Councilor Kelly stated that he had submitted a correction to the minutes electronically. Mayor Piercy deemed the correction, without objection, approved. Roll call vote; the motion passed unanimously, 7:0. MINUTES—Eugene City Council January 23, 2006 Page 5 Regular Session 3.PUBLIC HEARING: An Ordinance Concerning Used Merchandise Dealers, and Amending Sections 4.989 and 4.990 of the Eugene Code, 1971 City Manager Taylor asked Police Captain Elvia Williams to speak on the ordinance. Capt. Williams stated that the system currently in use was time-consuming. She reported that staff sent out for proposals for an electric system. After selecting a system, the department tested it in shops as a pilot project and found it saved time and enabled the department to return more stolen goods faster. She requested that the City Council approve the ordinance change. Mayor Piercy opened the public hearing. Tim Laue , 124 Spencer Creek Drive, spoke on behalf of the Police Commission. He stated that the commission had first been made aware of the pilot program in 2002. He said the ordinance would move the pilot program to permanent status. The Police Commission supported the change and urged the City Council to act affirmatively. He averred that this kind of innovation represented good government. He said it was efficient, addressed a real need, and freed up valuable resources to allow the performance of higher level investigative functions to help combat the dramatic increase in property crimes currently being experienced in all of Lane County. He declared the program to be cost-effective. He stated that it improved the ability of local police agencies to gather the type of information that could lead to the return of stolen property in the community. Star Wood , 2709 Willamette Street, explained that she and her husband were owner-operators of a buy-sell shop in south Eugene. She reported that they used the system for the last three years and were familiar with how it worked and its software. She said, though they had been technological neophytes, they found the system, the software, and the support from the staff to be outstanding. She declared it was easy to use. She felt it would pay for itself in the store’s ability to focus on the property they really did not want. She predicted it would continue to pay for itself. She thanked the council for taking a leadership role in addressing the implementation of the system. David Nelkin , 2472 Willamette Street, owner of Eugene Coin & Jewelry, in business on Willamette Street for 26 years, favored any ordinance that helped the police recover stolen property faster, prosecuted more criminals, and made second-hand dealers a partner in this effort. His concern lay in the funding of the cost of the program, an inherent lack of future limits on cost, and the sharing of proprietary business information. He said at the moment he used a paper system that was entirely free to him. He felt that instead of paying $300 or $400 per year to use the software, the City should provide the software gratis. He thought the trade-off of police time to collect the paper tickets for the time to do “real police work and catch criminals” warranted this. He noted that the City of Medford engaged in a similar system and supplied the software for free. He asked who would pay for the computer to use the software. He objected to the sharing of certain proprietary information, specifically how much he paid for items, unless the items were known to be stolen. He felt the City needed a system to reimburse dealers in their “helpful efforts.” He proposed that the City start a fund and mandate a fixed amount be charged per transaction to provide immediate reimbursement to dealers that were sold something stolen. He commented that at present, buying something stolen made the dealers another victim of the crime. He noted that restitution only came upon conviction of the criminal and whether they paid. In his experience this never happened. MINUTES—Eugene City Council January 23, 2006 Page 6 Regular Session David Collingwood , 3107 Powder River Drive, manager of Jerry’s Home Improvement Center, stated that the store lost hundreds of thousands of dollars in stolen merchandise every year. He supported anything that would help recover the stolen goods and said the ordinance would be greatly appreciated if enacted. Mark Tobin , 1965 Patterson Street, #15, related that he benefited from the system in that his bicycle had been stolen and, through the system, returned. He said his bicycle was fairly expensive. He remarked that bicycle locks did not even stop thieves anymore. He opined that there was something wrong with a community that tacitly accepted the theft of bicycles in broad daylight. He conveyed his appreciation to the police department for the recovery of his bike. Mayor Piercy closed the public hearing and called for comments and questions from the council. Councilor Bettman indicated her support for the ordinance. She asked staff to follow up on Mr. Nelkin’s concern regarding the sharing of proprietary information. She wondered why the purchase price would be useful information and whether it should be required. Detective Berger responded that the purchase price had been beneficial as they experienced cases such as one in which a $6000 ring was sold for $10, which clearly indicated the seller did not know the value of the item. He noted that the ring was returned to the person from whom it had been stolen. Councilor Bettman asked what sorts of protection existed to keep the information confidential. Det. Berger stated that law enforcement only received information on the purchase transaction that the store made. He said there were no records, nor did they have access to information on the subsequent sale of that item. In response to a follow-up question from Councilor Bettman, Det. Berger stated that the purchase price was not required information on the hand-written forms, but some businesses reported it anyway. Councilor Solomon asked if the City would require all of the businesses to purchase the software. Det. Berger replied that there was no cost for the software. He said the only expense to the business would be incurred if the business did not currently have a computer and internet access as part of its business inventory. Councilor Solomon asked if Det. Berger received an email from George Wingard of Eugene Ebay regarding a system other than outsourcing to the current provider, BWI. Det. Berger responded that he had spoken with Mr. Wingard. He related that the system Mr. Wingard spoke of used text files, which would not integrate with the current records management system. He added that having 55 stores reporting things in text files would provide a wide variety of description differences which would present some difficulty in EPD’s efforts to identify stolen items. Councilor Solomon surmised that this would not be much different than handling the process by hand with a paper trail. Councilor Papé appreciated Mr. Nelkin’s comments as well. He shared some of the concern regarding the cost of the system to vendors. While he supported the use of this system, he wanted staff to come up with an option wherein the City “picked up the tab.” He also wondered if it was really necessary for store owners to report the price paid for an item. He asked if the system would fail if the price was not in the notated box. Det. Berger replied that it would not. He reiterated that the price did help police personnel to identify stolen items. MINUTES—Eugene City Council January 23, 2006 Page 7 Regular Session Councilor Taylor extended her congratulations to the gentleman who recovered his bicycle. She called it shameful that the City was not able to pay more attention to the problem of stolen bicycles. She hoped there would be cameras outside of the library for security purposes. Mayor Piercy ascertained from the council that it was not ready to take action on this item. MINUTES—Eugene City Council January 23, 2006 Page 8 Regular Session 5. PUBLIC HEARING: An Ordinance Concerning State Traffic Laws and Amending Section 5.005 of the Eugene Code, 1971; and Providing an Immediate Effective Date City Manager Dennis Taylor explained that every few years after the legislative session, the City had an opportunity to pass ordinances to align the City’s municipal code with enactments by the State Legislature. He stated that Court Operations Supervisor, Kristie Hammitt, was available to answer any questions. Mayor Piercy opened the public hearing. Seeing no one who wished to testify, she closed the public hearing. Mayor Piercy ascertained from the council that there were no objections to taking action. Councilor Solomon, seconded by Councilor Ortiz, moved that the City Council adopt Council Bill 4918, an ordinance concerning State traffic laws. Roll call vote; the motion passed unanimously, 7:0. MINUTES—Eugene City Council January 23, 2006 Page 9 Regular Session 5. PUBLIC HEARING: An Ordinance Concerning Offenses; Amending Section 4.710 and 4.940, of the Eugene Code, 1971; and Providing an Immediate Effective Date City Manager Taylor indicated that this ordinance was for the same purpose as the previous one. Mayor Piercy opened the public hearing. Seeing no one who wished to speak on the item, Mayor Piercy closed the hearing. Councilor Solomon asked what offenses the ordinance addressed. Ms. Hammitt explained that it expanded offenses involving telephonic harassment to include text messaging and voice messaging, while exempting debt collectors. She said the other ordinance had to do with fire control and clarified that media covering a fire were exempt from summons to assist in putting out the fire. Councilor Solomon, seconded by Councilor Ortiz, moved that the City Council adopt Council Bill 4917, an ordinance concerning offenses. Roll call vote; the motion passed unanimously, 7:0. MINUTES—Eugene City Council January 23, 2006 Page 10 Regular Session 6. ACTION: Air Cargo Project Application for ConnectOregon City Manager Taylor stated that the Council Committee on Inter-Governmental Relations (CCIGR) asked that this grant application be forwarded to the full City Council for consideration. He asked Public Works Department Director, Kurt Corey, to speak to the essence of the grant application. Mr. Corey explained that the ConnectOregon project was a result of the 2005 Legislature, specifically the adoption of Senate Bill 71, which set aside an economic stimulus package funded through lottery bond proceeds for the purpose of enhancement of the statewide transportation system through connecting modes. He stated that it was limited to air, maritime, rail, and public transit funding. He related that staff reviewed the criteria and to the extent that the City was not engaged in transit or maritime activities, staff focused on the airport that the City of Eugene managed and supervised as well as the Eugene Depot. He said staff forwarded to the CCIGR for review and approval both a grant application for the Eugene Depot for purposes of passenger platform facility and transit circulation improvements and a second application to expand the air cargo service area at the Eugene Airport. He indicated that the CCIGR elected to forward the first grant but deferred the grant application for the air cargo area pending council review. He said the project totaled $5.5 million and the grant application was for 80 percent, or approximately $4.3 million, for the purpose of taxiway extension and expansion and cargo service area improvements primarily at the extreme south end of the Eugene Airport. Councilor Kelly ascertained from Mr. Corey that the CCIGR forwarded a grant application for submittal for Amtrak Depot improvements. In response to a question from Councilor Kelly, Mr. Corey said the process suggested by the Lane Council of Governments (LCOG) was that the Metropolitan Policy Committee (MPC) would have an understanding of all of the projects that were going to be submitted. He understood that the projects would collectively be on the MPC agenda on February 9. Councilor Kelly wondered how this would mesh with the project submittal deadline. Intergovernmental Relations Manager Jason Heuser responded that the City did apply directly for the ConnectOregon grants and the MPC hearing was intended to provide a “blessing” from the MPC so that the projects would be looked upon favorably by the Oregon Transportation Commission. Councilor Pryor said upon reviewing the letters of support and the actual criteria for the grants he surmised that it looked very positive. He averred the impact on air and cargo service would be positive. As it was time-sensitive, he favored moving forward with the project at this meeting. Councilor Bettman asserted that policy required that this grant come before the council. She maintained that a good portion of the project was not contained in the Capital Improvement Program (CIP) and therefore had not been approved by the council, though it could be found in the Airport Master Plan. She felt the project was not a City Council priority. She declared that no other projects had been put forward to compete with it. Councilor Bettman asked where the funding was for schools. She likened using lottery funds for roads to borrowing on future earnings from gambling. She did not approve of spending economic development money on this project. MINUTES—Eugene City Council January 23, 2006 Page 11 Regular Session Councilor Papé concurred with comments from Councilor Pryor. He felt Councilor Bettman’s comments were well-taken. He remarked that the cost of the warehouse seemed expensive. Mr. Corey responded that $148 per square foot was a realistic planning estimate at this time. Councilor Papé asked if the warehouse space would be rented out. Mr. Corey replied that renting parts of it was a possibility. Councilor Papé noted that the Springfield Area Chamber of Commerce endorsed the project. He opined that the City of Springfield, as a jurisdictional partner in the Willamette Valley, should join the City of Eugene in the management and support of this airport. Councilor Solomon agreed with the latter comment. She perceived the grant application as a way to get tax dollars already paid to the State to potentially come back to the community. She averred that not pursuing this grant would “cheat the citizens.” Councilor Kelly recalled that the council approved the Airport Master Plan. He asked if the project as described in the application was essentially identical to what had been described in the plan. Airport Manager Bob Noble responded that the plan did identify the project, but did not identify a funding source. He added, in response to Councilor Papé, that renting some of the space to other entities was in the plan. He clarified that $148 per square foot was not just for a warehouse, as the structure would include restrooms and offices. Councilor Kelly agreed with Councilor Bettman that the process should require that a proposal of this magnitude come before the council. Councilor Bettman said her biggest problem with the project was that it had not been considered among a range of competing projects. She opined that the airport had come up with what “they wanted to do” and found an avenue to get it done. Councilor Pryor acknowledged the procedural and philosophical process issues raised by his colleague. He hoped that future projects would come before the council in a way that was more effective. He said “being in a real world here today” he could not turn down several million dollars on a procedural or philosophical basis. He stressed the importance of getting the grant in for the funding to do this project. Councilor Solomon, seconded by Councilor Ortiz, moved to direct the City Manager to submit a ConnectOregon grant application for the air cargo project. Roll call vote; the motion passed, 6:1; Councilor Bettman voting in opposition. Mayor Piercy adjourned the meeting at 8:49 p.m. Respectfully submitted, Dennis M. Taylor MINUTES—Eugene City Council January 23, 2006 Page 12 Regular Session City Manager (Recorded by Ruth Atcherson) MINUTES—Eugene City Council January 23, 2006 Page 13 Regular Session