HomeMy WebLinkAboutCC Minutes - 04/26/10 MeetingMINUTES
Eugene City Council
Regular Meeting
Council Chamber Eugene City Hall
777 Pearl Street Eugene, Oregon
April 26, 2010
7:30 p.m.
COUNCILORS PRESENT: Mike Clark, Betty Taylor, Chris Pryor, George Brown, George Poling, Alan
zelenka.
COUNCILORS ABSENT: Andrea Ortiz, Jennifer Solomon.
Her Honor Mayor Kitty Piercy called the meeting of the Eugene City Council to order.
11 PUBLIC FORUM
Mayor Piercy reviewed the rules of the Public Forum.
Craig apperman, 728 Centennial Boulevard, Chief Executive Officer of Looking Glass, wished to thank City
staff and the Community Development Block Grant (CDBG) Advisory Committee for recommending that the
funds be allocated for the property at 931 west 7 th Avenue. He felt honored to be on a recommended funding list
with the Pearl Buck Center, Food for Lane County, Head Start, and St. Vincent DePaul. He underscored that all of
the agencies provided vital services to the community and the CDBG funds helped to keep a "fragile safety net"
intact. He said the property bordered the New Roads program which provided comprehensive programs to
hundreds of runaway homeless youth. He averred that adding the property would provide a small but significant
campus environment. He felt that a porch and a yard to spend social and recreational time waiting for services was
valuable and would reduce the time that homeless youth spent in locations downtown. He stated that this would
improve the community, increase Looking Glass service facilities, and it would create a safe and comfortable space
for runaway and homeless youth that was not currently available to them. He introduced Liz Schwartz, Director of
Runaway and Homeless Youth Services, and Bill Randall, who served on the Looking Glass board.
Robin Burk, 2462 Panorama Drive, member of the Board of Directors for Looking Glass Youth & Family
Services and Region President for U.S. Bank, wished to speak in support of Mr. Opperman and everything he had
shared with the council about New Roads and its homeless youth facility. She had considered it a dream come true
the day she saw the house next door to the facility go up for sale because it was the perfect place to expand the
services to those youth who truly needed a place to congregate that was safe. She said, as a person who worked in
the downtown area, it was apparent that the downtown would be greatly improved if those kids had a place to go
that was centrally located and provided them with a safe environment and needed services.
Karen Edmonds, 770 Bailey Hill Road, Programs and Services Director for Food for Lane County, noted that
Joseph McCarthy, who managed the Family Dinner Program was present as well. She said Food for Lane County
(FFLC) was the regional food bank for Lane County dedicated to alleviating hunger by creating access to food.
She stated that one way they did so was through the Dining Room, which served people food free of charge. She
related that FFLC had applied for CDBG funds to add accessibility amenities — a wider front door that was
operated by a push button and a project to install push - button operated accessible doors on the restrooms. She
explained that the Dining Room served food in a restaurant environment, serving people with dignity and respect.
Mary Leighton, 4046 Normandy Way, said she was there to ask for help in Network Charter School's (NCS)
quest for a new home downtown. She explained that NCS was a public charter school with 120 students, grades
MINUTES Eugene City Council
April 26, 2010
Page 1
Regular Meeting
through 12. She stated that the program was taught by five community organizations, each of which had a broader
mission. She said they delivered a standards -based education that led to a diploma. She related that the current
site was substandard for a school, but they had managed to eke out one more year. They had looked all over for
another building, but needed to be located in the downtown area. She underscored that the school was a good
neighbor and accountable for the behavior of its student body. She said the school had cordial relations with the
neighboring businesses. She cited several examples of how the building exterior was cared for promptly when
defaced with graffiti or otherwise vandalized and stressed that the school did not want to look unkempt. She
recalled that the school had a "deal" with the City and had to back out of it because the cost was much higher than
they had originally intended to spend. She asked them to reconsider the CDBG application so that the NCS would
have a little more money to help buy the building. She urged them to help the school find a building, whatever
they ultimately decided.
Teresa Bishow, 2911 Tennyson Avenue, Suite 400, Planning Director with Arlie & Company, requested the
council to grant emergency relief on behalf of Western Steel. She related that the relief was being requested for
new large developments that would create jobs and increase city revenues for tourism and the arts. She said the
specific request was for a deferral of system development charges (SDCs). She explained that SDCs were required
to be paid at the time the building permit was issued. She said in 2006, western Steel had submitted planning
applications for a new three - -story 115 -room hotel on Crescent Avenue in northeast Eugene. She stated that the
challenge they faced was a $472,000 SDC fee that they needed to include as part of their construction loan in order
to begin building the hotel. She averred that if there was a way for the City to grant a deferral until the hotel was
complete, they could include these fees as part of the permanent financing that would be available at that time. She
asserted that in this case deferral of the SDC fees to final occupancy would not impact the City's infrastructure as
the impacts would not occur until the building was open. She asked that the council consider deferring SDCs for
large projects and hotels given their unique ongoing revenue source for the City, and the other public benefits they
provided. She submitted a letter to staff from western Steel. She said the company looked forward to hearing
from the council.
Molly Stafford, 43 7 East 11 to Avenue, spoke in support of providing CDBG funding to help the NCS purchase the
building at 858 Pearl Street. She explained that she was an interested citizen who lived near the downtown area.
She believed the NCS students were an asset to the city center. She related that the school had forged alliances to
many downtown businesses that provided internship opportunities. She asked the council to encourage City staff
to help the school stay in downtown Eugene. She did not want to see the school become homeless.
Dave Hallock, 564 Mary Lane, ward 2, had founded the Disciples of Dirt mountain bike club in 1987. He wished
to call attention to the Ribbon Trail, which had recently been opened in Eugene for pedestrians only. He stated
that the Ribbon Trail was an extension to the Ridgeline Trail system, the majority of which was closed to mountain
bikes. He was disappointed that the City would open another stretch of the trail but would not allow mountain
bikes to use it. He said the club he represented had about 400 members and the members performed hundreds of
man -hours every year opening up trails to the public. He explained that there was a lot of "snow -down and blow -
down" and the club helped to clear it. He asked, on behalf of the club, that the Ribbon Trail be opened to
mountain bikers. He underscored the club's willingness to be involved in the upkeep of the trail.
Tyler Barrett, 720 Brookside Drive, said he was a junior at South Eugene High School and a member of the
Disciples of Dirt. He related that he had gotten involved with the club because he had been too young to drive a
car to the mountain bike trails and had needed to find others to ride with. He learned from his participation that the
way to earn true respect in the club was to show up and do trail work. He said he had several friends who wanted
to mountain bike with him, but the fact that they had to find a car to transport them to mountain bike trails was
daunting. He acknowledged that the Headwaters Trail was available, but it was only two miles long. He invited
the councilors to come mountain biking with the club so they could understand how enjoyable it was. He also
acknowledged that Eugene had been listed as one of the top cities for bicycling by Bicycling Magazine because of
the extensive bike trail system. He shared that he had been hit by a car on December 31, 2009, as he was riding his
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bicycle to one of those bike paths. He said his injury had prevented him from attending school for over a month.
He was just starting to get back on his bicycle. It did not make sense to him to bar bicyclists from the Ribbon
Trail, which would provide access for commuters to get to Lane Community College (LCC) and the 30`" Avenue
area without risk of being hit by cars. He asked the council to please help them.
Steve Strickland, 4685 Cloudburst Lane, said the City had done a great job of putting together an open space plan.
He lived in North Eugene and, for him, the connector and accessibility to the river trails was amazing, but it
separated him from the Ridgeline. He stated that to get from the river trails to the Ridgeline, one of the easiest
access points would be on - the Ribbon Trail which came up through Hendricks Park and went to 30'' Avenue. He
averred that the Ribbon Trail would help bicyclists stay off of arterials and make it safer for them. He thought the
connection between trails could be easily made. He said they needed an access point on the east side of the trail
network so that a loop could be made either way. He looked at the Ribbon Trail more as a transportation corridor,
an arterial that would allow access to that area of Eugene and the Ridgeline Trail.
Benjamin Beamer, P.G. Box 804, Gakridge, stated that Gakridge had been promoted as the Mountain Bike
Capital of the Northwest. He said he was chairman of the Greater Gakridge Area Trail Stewards and he also
served on the International Mountain Bicycling Association Northwest Regional Leadership Advisory Council. He
declared that bicycles connected three key elements in society: recreation, fitness, and transportation. He said it
also helped to engage youth and brought them to a different idea of what transportation was. He related that
Gakridge welcomed Eugene bikers with open arms. He lauded them as great stewards of the trails and noted that
the past weekend cyclists had put in over 204 hours of work on trails. He declared that mountain bikers were
stewards of the land and respected others. He said mountain bikers were in the woods like all other trail users;
they just used a different mode of transportation. He asked that the mountain bike community be involved in
decisions regarding transportation and recreation.
Steve Mertz, 1 761 Lawrence Street, stated that he owned the Laughing Planet Cafe, which catered to an active and
health- minded clientele. He had been disappointed to hear that mountain bikes would not have access to the
Ribbon Trail. He averred that from an economic standpoint, Eugene should keep itself positioned as an interesting
city to those who were outdoor enthusiasts. He said if they looked at other communities such as Bend, Ashland,
Corvallis, Portland, Seattle and Spokane — all of them had embraced the use of bike trails close to their urban
cores. He averred that by continuing the ban on bikes on any addition to the Ridgeline Trail system, the City was
selling itself short to the outdoor community. He pointed out that preventing mountain biking on local trails
pushed people into their cars to drive to areas where they could ride on trails in the woods. He said this made the
appeal of mountain biking smaller. He declared that people wanted to bicycle on paths, more than just by the river.
He stated that the bicycle shops would benefit from an increase in trail access. He added that on a family level, he
liked getting his sons outside. He related that one of their first questions when they went camping was whether
they would be able to go biking. He said once they were in the woods the kids commented on all of the natural
wonders in "our great state." He felt that mountain biking was a way to get kids excited about being outside.
Zarifah Spain, 1270 west Hilliard Lane, stated that as a board member of the NCS and a parent of one of its
students she asked that the CDBG funds be allocated to assist the school in the purchase of a school building. She
reiterated that the school might be homeless without it. She said the school fulfilled a vital and unique function in
the Eugene system. She averred that the school had worked "tirelessly and creatively" for the past seven years to
help the students engage in their own educations and to help them be involved and productive members of the
community.
Jan Aho, 82233 Rattlesnake Road, Dexter, Executive Director of the Pearl Buck Center, asked that the council
approve the recommendations coming before the council for the allocations of the CDBG funds. She explained
that the Pearl Buck proposal had been for air conditioning for the vocational training center, which served 120
adults with developmental disabilities. She said when they bought the facility, they had thought all of the windows
were a "great thing," but they found that it became hot in the summer. She stated that measures that they had taken
MINUTES Eugene City Council April 26, 2010 Page 3
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to cut the heat had been inadequate for their clients. She quoted one of the clients who testified at the CDBG
Advisory Committee meeting as explaining that it would get hot, he would become cranky and would have to go
home and then get no money. She related that the temperature had reached over 80 degrees on more than 55 days
during the previous summer. She said some of the clients also had medical conditions and heat was detrimental to
their health.
Anne Williams, 972 Madison Street, Programs Director for St. Vincent DePaui (SVDP), thanked the CDBG
committee for the challenging work that was in front of them. She said those of the agencies who had applied for
grants were making tough choices. She related that part of the Service Station roof had failed in 2009, and SVDP
had to make repairs, and they wanted to fix two sections of roof. She stressed that SVDP also faced budget
challenges; budget cuts were made to the Human Services Commission and General Fund budgets.
Majeska Seese -Green spoke in support of the NCS, and also in support of opening the Ribbon Trail to mountain
bikers. She said if the Ribbon Trail was open, she would want to bicycle on it. Regarding the NCS, she wanted
the City to consider the triple bottom line and to do all it could to help them find a place to be .downtown. It
sounded to her like the building on Pearl Street was the place they "should be assisted to be." She felt this was an
example of a time when the social issues outweighed the economic issues. She believed it would contribute to the
downtown environment if the NCS could remain in that area. She declared that if the triple bottom line tool did
not help the City see a way for it to prioritize social issues in a case such as this, the tool needed adjustment.
Mayor Piercy closed the Public Forum. She thanked everyone for coming. She expressed appreciation for the
work of the CDBG Advisory Committee. She commented that the community could not provide all of the services
that were needed and the need was growing, but she was proud of the work that was being done. She also thought
those who testified regarding access to the Ribbon Trail had done a good job of raising the issue to their attention.
Councilor Clark thanked everyone for coming to provide input. He asked the City Manager if the City had
postponed an increase in SDCs. City Manager Jon Ruiz responded that he thought the increase had been
postponed, but he did not remember what date the postponement would end..
Councilor Clark commented that he knew a hotel in that area could provide economic benefit. He was interested in
knowing what the options were in regard to potentially considering a reprieve on the SDC.
Councilor Clark thanked the Disciples of Dirt for coming down. He requested a memorandum from staff on why
bikes had been banned from the Ribbon Trail.
Councilor Zelenka asked if SDC deferrals had been previously granted to hotels. He also thanked the Disciples of
Dirt for their testimony and said they had done a good job of bringing attention to the item. He was interested in
finding out more information on how mountain bikes could be compatible with hikers.
Councilor zelenka also wished to point out that it was the 24 anniversary of the Chernobyl disaster. He recalled
that the meltdown had resulted in an explosion of radioactivity into the atmosphere. He related that the disaster
had resulted in the permanent evacuation of 220,400 people. He said a scientific study estimated that the ultimate
death toll from that disaster would be 1 million people worldwide. He remarked that it was important to keep this
disaster in mind given that there were people who wanted more nuclear power plants to be built.
Councilor Poling was also interested in a memorandum on why the bikes had been banned from the Ribbon Trail.
Regarding the CDBG process and recommendations, he thought it was imperative to the council to adhere to it and
not to make changes at this point. He acknowledged that someone would lose out because there were not "endless
pots of money." He believed that the process they engaged in, utilizing a citizen advisory committee that reviewed
the proposals and made selections, had resulted in worthwhile recommendations.
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Councilor Poling recalled that several months earlier they had taken action to extend the deadlines on applications.
City Manager Ruiz responded that what they had said was that if a permit had not expired, it could be extended a
few years.
Councilor Poling said this company had done its due diligence and submitted its application which would expire
in June, and now had to come up with nearly a half million dollars in order to start "turning up dirt." He was
interested in seeing whether they could take some immediate action in order to defer collection of the SDCs until
the project was completed.
Councilor Brown thanked everyone for their testimony. He asked if it would be possible to reinstate the request
for NCS. City Attorney Emily Jerome responded that the council had the power to do so, but it would involve
moving funding around and having to take some line items from the recommendation.
Councilor Brown asked how to proceed. Ms. Jerome replied that he would have to table it to the work session
scheduled for April 28 and a revised motion could be presented. Councilor Brown indicated his intent to do so.
Councilor Taylor thanked everyone for coming down and providing input. She was not in favor of deferring SDCs
for any business that was not in the downtown area. Regarding the NCS, she asked if CDBG funds could be used.
City Manager Ruiz affirmed that they could. Councilor Taylor agreed that they should consider taking more time
on the CDBG allocations.
Mayor Piercy closed by emphasizing that the council and community valued the NCS and its students.
2. CONSENT CALENDAR
A. Approval of City Council Minutes
January 13, 2010, Work Session
- January 20, 2010, Work Session
- February S, 2020, Work Session
February 16, 2010, work Session
February 22, 2010, Work Session
February 22, 2010, Regular Meeting
B. Approval to Tentative Working Agenda
C. Appointments to Judicial Evaluation Committee
Councilor Clark, seconded by Councilor Taylor, moved to approve the Consent Calendar. Roll
call vote; the Consent Calendar was approved by a unanimous vote, 6 :0.
Councilor Poling noted that his name had been misspelled in the minutes of January 13, 2010.
Roll call vote; the motion passed, with the minutes correction, unanimously, 6:0.
Mayor Piercy congratulated the appointees to the Judicial Evaluation Committee.
3. ACTION:
Adoption of Resolution 5005 Approving the Eugene- Springfield 2010 Consolidated Plan for Submission
to the U.S. Department of Housing and Urban Development
Councilor Clark, seconded by Councilor Taylor, moved to adopt Resolution 5005 approving the
Eugene - Springfield 2010 Consolidated Plan for submission to the U.S. Department of Housing and
Urban Development.
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Grants Manager for the Community Development Division Stephanie Jennings explained that the Consolidated
Plan sought to identify the needs of low - income persons as related to low- income housing, homelessness, and
community economic development. She said it also would create a broad strategic plan for how they would use the
monies from the Department of Housing and Urban Development (HUD) over the next five years. She stated that
though the plan was a requirement, it also presented the opportunity to think strategically about how best to meet
the needs of this group. She said the plan represented the culmination of more than a year's work and had been
developed in collaboration with the City of Springfield, the Human Services Commission, the Housing and
Community Services Agency, and many other partners. Staff had worked closely with the Housing Policy Board
(HPB) and the CDBG Advisory Committee and the document had come before the council with the full
endorsement of both bodies.
Ms. Jennings stated that the plan was data - driven and they had conducted outreach to the public to help identify the
needs. She said the completed draft had been made available for public comment over the past month. She
highlighted some of the data, which indicated an increase in need and homelessness.
Councilor Pryor thanked Ms. Jennings and staff for their "incredible work" on the plan. He stated that in addition
to being well put together and well- researched, if one looked at page 20 it would give an idea of the number of
opportunities, organizations, surveys, committee meetings, and interest groups that were involved in the
preparation of the plan. He was pleased with the number of people who had an opportunity to review and
participate in it. He believed that this would make the report a document that could be used and not left on the
shelf.
Mayor Piercy said the work in the plan would help the City with some of its strategic work to meet the needs and
goals of the community.
City Manager Ruiz echoed Councilor Pryor.
Roll call vote; the motion passed unanimously, 6:0.
4. ACTION:
Approval of 2010111 Funding Allocations for Federal Community Development Block Grant and
HOME Investment Partnership Programs
Ms. Jennings explained that the CDBG and HOME Investment Partnership Programs were related to the
Consolidated Plan. She said each year the City developed an action plan and submitted it to HUD and the plan
basically told them what the community would do with its CDBG and HOME funds. She related that plans were
done in partnership with Springfield.
Ms. Jennings stated that staff had worked closely with the CDBG Advisory Committee to develop a
recommendation for the use of funds. She said their focus was on the greatest impact and the readiness to receive
the funding. She listed the recommended allocations, which included funding for the land banking program for
affordable housing, operating funds for nine social service programs, five non - profit capital facility improvements,
curb cuts and accessible pedestrian signals, micro - enterprise training, and program administration.
Ms. Jennings reported that the HOME recommendation was similar to previous years, with funding for housing
development, home ownership assistance, and operating funds for community housing development organizations
and administration. She said the housing development funds were made available through a housing Request for
Proposals (RFP), the results of which would be brought back to the council in late July, with a decision to be made
at that time about which specific projects to support.
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Continuing, Ms. Jennings understood there were some questions regarding the CDBG allocation. She said the
committee had a favorable impression of the NCS application, but the school had withdrawn its application before
the final CDBG Advisory Committee meeting. She underscored that it would require more than the CDBG funds
to bring the entire project together.
Councilor Zelenka noted that at the bottom of the submittal box, Attachment A indicated that the administration
costs were $450,000, which was almost 25 percent of the total amount. He asked for an explanation of what those
expenses comprised. Ms. Jennings replied that HUD placed a lot of requirements on staff to administer things like
the Fair Housing Plan as a condition of receiving the funds. She said development and administration of fair
housing was something that was folded into administration costs. She felt that `administration' was a misnomer
because it captured a lot of regulatory requirements. She stated that some of the implementation related to policy
and regulatory requirements was included in administration costs as opposed to being charged directly to projects.
She agreed that it was a significant sum of money, but they had tried to keep a cap on the costs. She noted that the
amount on Attachment A reflected a small increase from the last year, but it had not been increased in five years.
In response to a question from Councilor Brown, Ms. Jennings clarified that the school had responded to the RFP
for the non - profit capital facilities. She said as part of the process, there were other pieces of their deal that they
needed to complete in addition to the CDBG funds. She thought their application had been received favorably by
the committee. She reiterated that the school had withdrawn its application prior to the final meeting and so was
not considered in the final allocations process.
Councilor Brown asked what would happen if the NCS project was put back into the list. Ms. Jennings replied that
the council could choose to reconsider the CDBG item on Wednesday, but the action plan needed to be submitted
to HUD by May 15. She said to delay it any further than Wednesday could jeopardize the funding. She explained
that the committee served in an advisory capacity and the council could change the allocation.
Councilor Brown, seconded by Councilor Taylor, moved to delay the vote until April 28, 2010, in
order to allow the Network Charter School time to resubmit its proposal for inclusion in the
Community Development Block Grant application.
City Manager Ruiz stated that the school was asking for $1 00,000 for acquisition of the building located at 858
Pearl Street. He surmised that if the council approved the delay and allocated the money to NCS, it would be
tantamount to directing him to sell the Pearl Street building to the school. He thought they would need more
discussion on this.
Mayor Piercy commented that the City Manager had sent the councilors an email with his recommendation on the
viability of that purchase.
Councilor Brown withdrew his motion.
Councilor Taylor, seconded by Councilor Brown, moved to postpone the item for two weeks and
to request information on what had been added to the list of CDBG allocations after the Network
Charter School had withdrawn its application and whether an allocation to the school would make
a difference.
City Manager Ruiz expressed concern about the timing. He did not want to jeopardize the funding.
Ms. Jennings reiterated that the report was due, along with the action plan, on May 15. She thought that a delay of
two weeks could have implications for receiving the money. In response to Councilor Taylor's question regarding
what would be taken off the list if the school was added back in, she said she could only surmise what would have
happened given that the application for funding had been withdrawn prior to the last meeting of the advisory
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committee and the project had not been considered. She guessed that the items that would have been cut would
have been curb ramps and the audible pedestrian signals, given that they were the last items to be added.
Councilor Zelenka averred that the NCS was a very notable project and served a good public need, but he said it
also needed to make economic sense. He was not comfortable with an eleventh hour process because of this
deadline, nor was he comfortable deciding which program to ax in order to allocate $100,000 to the charter school.
He reiterated that even if the school was allocated $1 00,000, it would not get them to the point of being able to buy
the building.
Councilor Brown suggested that they could eliminate the money allocated for land banking and reallocate it to the
school.
Roll call vote; the motion failed, 4:2; councilors Taylor and Brown voting in favor.
Councilor Clark, seconded by Councilor Taylor, moved to approve the One -Year Action Plan for
use of Federal Community Development Block Grant and HOME funds in 2010111. Roll call
vote; the motion passed unanimously, 6:0.
The meeting adjourned at 8:39 p.m.
Respectfully submitted,
1
.........
Jon Ruiz
City Manager
(Recorded by Ruth Atcherson)
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