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HomeMy WebLinkAboutCC Minutes - 11/09/09 MeetingMINUTES Eugene City Council City Council Chamber —City Hall 777 Pearl Street Eugene, Oregon November 9, 2009 7:30 p.m. COUNCILORS PRESENT: Alan Zelenka, Mike Clark, George Brown, Andrea Ortiz, George Poling, Chris Pryor, Jennifer Solomon. COUNCILORS ABSENT: Betty Taylor. Her Honor Mayor Ditty Piercy called the meeting of the Eugene City Council to order. 1. PUBLIC FORUM Mayor Piercy reviewed procedures for providing comments. Dennis Gabrielson, South 10 h Street, Creswell, speaking - as a City of Eugene employee, clarified for the Budget Committee that many employees were opposed to the mandatory furlough and it was causing productivity and morale issues. He questioned why a new manager position at the library had been created if the City was in such dire financial straits and why programs such as the Sister City were being continued. He said pet projects should be cut along with employees' wages. In response to a question. raised at the Budget Committee meeting, he said that vesting changed from 10 years to five years in 1986. He hoped the union won its grievance against the City for the maximum amount. Alison Gregory, Eugene, introduced Cub Scout Pack 402, members of which were attending the council meeting to learn about their duties as citizens. She said the pack also took part in a national community service project the previous weekend and collected food for local food banks. Mike McCallum, Garfield Street, Eugene, said he lived within a mile of Amazon Creek near 18 Avenue and Chambers Street and was opposed to a proposed route for EmX along Amazon Creek. He said the area was heavily used by the neighborhood and the cost of changing that use would be significant. The scale of the EmX bus was huge compared to a pedestrian. He noted that not all trips and public transportation were destined for downtown Eugene and most people did not work there. He suggested routing the EmX westside system from Broadway and Garfield Street into the core of Eugene and using that location as a hub to connect to other transportation. He said that would retain the Amazon Creek corridor, and some day the value of that waterfront property would be recognized. He hoped the Amazon Creek route would be taken out of consideration in the planning process. Brandon Rishel, Garfield Place, Eugene, spoke in support of car - sharing. He had recently moved from Victoria, B.C., where a similar arrangement was in place with local municipalities. He said there were seven car - sharing agreements in place and each car served about 40 members, and surveys indicated that about half of the members decided to stop owning a car or purchase a car because of the car -share program. He said that car - sharing benefited developers, neighborhoods and the surrounding community. Eugene Drix, East 14 Avenue, Eugene, expressed gratitude in recognition of Thanksgiving for his neighborhood and a recent clean -up project, and to the City Council members for their service and MINUTES Eugene City Council November 9, 2009 Page 1 thoughtful development in the neighborhoods close to the University of Oregon. He also spoke in recognition of Veteran's Day and thanked all those who had served the country. Mona Rummel, East 13"' Avenue, Eugene, stated that she owned a business in the West University area and was concerned about parking. She said that most of the houses in the district were old single - family dwellings originally built with limited parking. As they were replaced by multi - family developments of much greater density, parking problems increased. She said her clients frequently were unable to find parking near her business because of student parking. She asked that the council require adequate parking for multi- family developments. James Lewandoski, Arthur Street, Eugene, Ward 1, urged the council to reject the EmX Amazon Creek alignment. He felt that alignment would not improve West Eugene traffic congestion and operating an EmX vehicle along the bike path would destroy enjoyment of the path. He said the neighborhood was very quiet with many children playing on the street and it appeared that the route would go within ten feet of some apartment complexes. Jozef Siekiel- Zdzienicki, Taylor Street, Eugene, spoke to infill compatibility standards for the Jefferson - Westside neighborhood. He reminded the council of an earlier initiative that established similar standards for a 14 -block zone near Chambers Street. He said a 780 square -foot two- bedroom zone was recently built within that zone that fit the standards and everyone one was pleased. He hoped to see standards established for the Jefferson- Westside neighborhood. Carol Berg - Caldwell, Augusta. Street, Eugene, gave credit to many, including students and police officers, for the lack of problems over Halloween weekend. She also thanked Mayor Piercy and Police Chief Fete Kerns and others who visited campus area houses to talk to students. She observed activities on the street and commended police for their courtesy and non - confrontational style. She encouraged others to participate in the grassroots community watch project and thanked councilors for their service. Christa Knittle, Garfield Street, Eugene, spoke in opposition to an EmX route along Amazon Creek, but favored an alignment along 6 and 7 h avenues. She said Amazon Creek was a valuable green space in the neighborhood that was enjoyed by people throughout the City and peaceful places like the Fern Ridge bike path should be preserved. She said the wetlands and floodplain also made it an inappropriate location for an EmX route. Dean Hansen, Powderhorn Street, Eugene, urged the council to approve the multi -unit property tax exemption (MUPTE) application on the agenda for action. He and his partner appreciated the opportunity to build a sustainable project in the campus area. He said the project would add trees to the area and neighbors were very pleased with the architectural features. He said the project was unanimously supported by the neighborhood association and pointed out that the house currently on the site would be recycled to another location in the Whiteaker neighborhood after hazardous materials were eliminated. He recognized that the application did not achieve the necessary number of points, but that was because of a technicality that would be explained by the next speaker. Gordan Anslow, Paddock Drive, Eugene, asked the council to support the NWPTE application for the Sequoia project. He and his partner understood issues that were important to the neighborhood and had seen an opportunity to create a project midway between downtown and the University that would demonstrate principles important to neighbors while still creating an economically viable project with some assistance from MUPTE. He noted letters in the agenda packet from the West University Neighbors stating support for the project and stressing the need for added parking in the neighborhood. MINUTES Eugene City Council November 9, 2009 Page 2 Mr. Anslow explained that the project had not achieved the necessary MUPTE points because it was unable to meet the requirement to conduct a successful campaign to poll all owners, residents and commercial tenants of properties on the block -face occupied by the project and obtain a majority vote in favor of enrolling the block in the residential parking program (RPP), which would have provided an additional 60 points. He and his partner were willing to sign an irrevocable petition binding the property in favor of inclusion in the RPP, but since the block was not technically already enrolled in the RPP, no points could be claimed. He pointed out that the project received no credit for providing twice the required parking and could be increased to a 12 -plea from and S -plea; that would gain sufficient points to meet the MUPTE minimum requirement, but he preferred to retain the balanced neighborhood mix reflected in the current project design. He hoped the council would take into consideration the technical nature of the lack of points and approve the MUPTE application. Lisa Anderson, Arthur Street, Eugene, stated that she was a long -time business owner at 17 Avenue and Arthur Street. She noted that Eugene had recently been designated as a gold level community by the League of American Bicyclists. She was opposed to routing an EmX bus along the Amazon Creek./Fern Ridge bike path and urged that the option not be considered because it was not friendly to the environment, pedestrians or bicyclists. She invited councilors and City staff to walk that section of the bike path with her. Fenn Glenn, Arthur Street, Eugene, spoke in opposition to an EmX route along Amazon Creek and urged the council to eliminate that option. He had lived in the neighborhood for many years and moved there because of proximity to the bike bath. He said the proposed EmX route would go within ten feet of a low - income housing development and was concerned that the voices of those residents were not being heard. He supported public transportation, but preferred other alignment options. Amy Shoulders, ]Vest 13 Avenue, Eugene, spoke in opposition to an EmX route along Amazon Creek. She said children played in the neighborhood and along the bike path without fear of traffic. She said residents had already decided to prohibit motorized vehicles on bike paths. She identified the many species of animals and birds that lived along the creek and which would be driven from the area if it was a bus route. She said the density of the neighborhood made the bike path and green space especially important for residents. She urged the council to consider other options for EmX. Mary weatherhead, west 13 Avenue, Eugene, spoke in opposition to an EmX route along Amazon Creek. She said the bike path was an integral part of the neighborhood and contributed to the well -being of residents and routing a bus along it would destroy the neighborhood character. Diego Hernandez, Hilyard Street, Eugene, University of Oregon student, supported the Dream Act. He said many undocumented students who had lived in the United States most of their lives faced barriers to higher education. He hoped the council would pass a resolution supporting the Dream Act, as other communities had done. I ie distributed a fact sheet and invited councilors to a viewing of "Papers: The Movie," a documentary presenting the issue from students' perspectives. Kevin Matthews, Eugene, president of Friends of Eugene, said the organization did considerable work to support intelligent, accurate planning and he was pleased with the number of people who had spoken on the subject of an EmX bus route along Amazon Creek. He said Amazon Creek was a restoration corridor, not a transportation corridor. He said Friends of Eugene had given Lane Transit District information and asked that the Amazon Creek route be eliminated from consideration. He said City staff had made a code ruling in an attempt to enable motorized transportation along Amazon Creek and that was being appealed by a land owner. He noted that some of the actions before the council were environmental decisions, but felt that City staff had not highlighted those or provided environmental findings to inform decisions. MINUTES Eugene City Council November 9, 2009 Page 3 Jairo Casteneda, Hilyard Street, Eugene, a University of Oregon student, spoke on behalf of the Dream Act and asked the council to support the initiative. He worked with Latino youth interested in pursuing higher education and often encountered problems with undocumented students. He urged the council to begin a dialogue and explore the issue. Jack R.a.dey, Garfield Street, Eugene, also opposed a bus route along Amazon Creek. He was disappointed that the council had not reappointed Rick Brissenden to the Civilian Review Board (CRB). He described a recent CRB meeting at which he felt some members were unwilling to do their jobs and agreed that police could use force when threatened. He said only Mr. Brissenden and one other member disagreed with the Police Chief's decision regarding a Taser incident. He said the community's desire for police oversight was being undermined and sabotaged and abandoned by some members of the council. Kathleen Piper, Garfield Street, Eugene, said that she frequently walked along the Fern Ridge bike path and it was a civic treasure. She urged the council to oppose a bus route along Amazon Creek. Mayor Piercy closed the public forum and thanked those who spoke. She called for comments from the council. Councilor Ortiz thanked those who spoke and encouraged the public to examine the options being proposed for EmX. She expressed her gratitude to the veterans who served their country. Councilor Clark also thanked veterans and commended the Cub Scouts for their interest in community activities. Councilor Zelenka thanked those who spoke and said one of the best ways to assure an EmX route that was acceptable to the community was to stay involved in the conversation about alternatives. He thanked the Eugene Police Department, the University and students for a safe and quiet Halloween. Councilor Poling thanked veterans who had served the country and wished the United States Marine Corps a happy birthday. He stressed that the council had directed Lane Transit District to study every option available for an EmX route in west Eugene and present the information to the governing bodies for a decision. He encouraged people to put their energy into working with LTD to find the best alternative. He echoed Councilor Zelenka's comments regarding a safe Halloween and particularly recognized the cooperation of students. Councilor Solomon thanked the Cub Scouts for attending the meeting and noted that her sons were also Cub Scouts and she was a den leader this year. Councilor Clark thanked Ms. Berg - Caldwell for being willing to acknowledge the positive efforts of the police department. City Manager Jon Ruiz clarified that that the position at the library resulted from the reclassification of two vacant positions; it was not a new position. 2. CONSENT CALENDAR A. Approval of City Council Minutes of July 27, 2009, work Session; August 10, 2009, Work Session; August 10, 2009, City Council Meeting; September 14, 2009, City Council Meeting. B. Approval of Tentative Working Agenda. MINUTES Eugene City Council November 9, 2009 Page 4 Mayor Piercy announced that action on this item was taken at the work session preceding the regular meeting. 3. ACTION: Resolution 4990 Denying a Multiple -Unit Property Tax Exemption for Residential Property Located at 1367 High Street (Pearl on Campus LLQ. Mr. Ruiz provided a brief overview of the item. Councilor Zelenka, seconded by Councilor Clark, moved to adopt Resolution 4990 denying amultiple -unit property tax exemption (MUPTE) for residential property located at 1367 High Street (Pearl on Campus). Councilor Clark, seconded by Councilor Poling, moved to substitute "approving" for "denying." Councilor Brown stated that he would vote to deny the MUPTE. He had approved an earlier MUPTE application because it achieved the necessary number of points and was supported by the neighborhood, fulfilling both requirements. He said the subject application was only halfway there; if it could not meet all of the technicalities, a property should not receive a 10 -year property tax exemption. Councilor Pryor agreed that from one perspective the application did not earn all of the points, but in terms of the actual facility, the project earned the necessary points; the remaining 60 points were not available because the project was not part of the residential parking program. He felt it was a good project and noted the developers were willing to sign a binding agreement to fulfill parking program requirements. He said the project would result in $25,000 coming back onto the tax rolls and the council had approved MUPTEs for the developers in the past. He said the developers' projects complimented the area, as was demonstrated by the neighborhood association's unanimous endorsement. Councilor Ortiz recognized the role of MUPTEs in helping achieve density in certain neighborhoods, but she could not support the application because it failed to achieve the necessary points when other applications approved by the council had met that standard. Councilor ,Zelenka stated he would not be able to support the MUPTE application as it failed to meet the public benefit test. He said there were many ways to achieve 100 points and the technical issue identified by the developers was not the only path. Councilor Clark said he amended the motion because the developers had agreed to be part of the residential parking program and had also acknowledged that other decisions could have resulted in additional points, but those options worked against the goals of the neighborhood. He said the choices made for the project were more compatible with the neighborhood and consistent with many of the infill compatibility standards being considered by the council. Councilor Brown agreed there were other options for achieving 100 points, but pointed out the developers did not choose them and the project's points were below the minimum required. He questioned why standards were established if they were relaxed in certain situations. He cautioned against making exceptions for technicalities. He suggested delaying a vote and allowing the developers to resubmit their application once they were able to achieve 100 points. MINUTES Eugene City Council November 9, 2009 Page 5 Councilor Zelenka agreed with Councilor Brown that the developers could resubmit their application when it met the requirements. He said there was no point in having standards if they were not enforced. The motion to amend passed, 4:3; Councilor Brown, Councilor Zelenka and Councilor Ortiz voting no. The amended motion passed, 4:3; Councilor Brown, Councilor Zelenka and Councilor Ortiz voting no. 4. ACTION: Adoption of an Ordinance Concerning Time Extensions for Approved Developments; and Providing an Effective Date (City File CA 09 -5)0 Councilor Zelenka, seconded by Councilor Clark, moved to adopt Council Bill #5011 concerning time extensions for approved developments. Mr. Ruiz provided a brief overview of the item. Councilor Zelenka asked the rationale for extending the time for three years instead of two. Gabe Flock, Planning and Development Department, explained that the ordinance was originally drafted to allow a two -year time extension based on state legislation. The Planning Commission, after receiving testimony on the item, chose to extend the time extension for approved land use applications to three years. He said a similar ordinance in Portland granted a three and one-half-year extension and ordinances in other jurisdictions made permanent changes to their processing criteria that went beyond what staff considered the scope of the council's direction. Councilor Zelenka, seconded by Councilor Brown, moved to amend the ordinance to provide a two -year extension. Councilor Ortiz stated she could not support the amendment as she felt the three -year period was appropriate. She asked how many applications would be affected by the ordinance and whether any had expired to -date. Mr. Flock replied that there were 130 land use approvals that would be granted the extension. There had been a handful of applications that expired over the last year for a variety of reasons and staff was working with those applicants to consider the options available to them. The motion to amend failed 5 :2; Councilor Zelenka and Councilor Brown voting yes. The main motion passed, 6:1; Councilor Brown voting no. 5. ACTION: Adoption of an ordinance Amending the Eugene - Springfield Metropolitan Area General Plan Land Use diagram; Amending the Willakenzie Area Plan Pursuant to Section 9.7750(4) of the Eugene Code, 1971; Adopting a Severability Clauses and Providing an Effective Date; Returning the "River Ridge" Site to the Low Density Residential Designation (River Ridge, Eugene File MA 09.3 and Lane County File PA09- 5465). Mayor Piercy conveyed a request from Councilor Taylor to postpone action on the item. Councilor Pryor remarked that he was supportive of a request to delay when it was reasonable to do so, but felt the first option should be for a councilor to participate by telephone instead of asking for a delay MINUTES Eugene City Council November 9, 2009 Page 6 in the City's business. He noted that many councilors had participated by telephone over the years and he understood there was no scheduling conflict that prevented Councilor Taylor from doing so. Councilor Poling agreed with Councilor Pryor. He noted that the agenda item was one he had brought to the attention of staff frequently over the past several years. He said the zone change had been done without the knowledge or consent of the property owner, and correcting it should not be delayed any further. Councilor Zelenka encouraged councilors to honor the tradition of acceding to a request to postpone action. Councilor Poling pointed out there had been numerous times with the previous council when his requests to delay action had been denied. Councilor Ortiz stated that she was willing to take action on the item and encouraged councilors to maintain a respectful environment. Councilor Zelenka, seconded by Councilor Clark, moved to reject a portion of the testimony submitted by Anne Simas (Attachment C.4), specifically, reject the last paragraph on page 2 of that testimony and the table on page 3 of that testimony, labeled "Informal Traffic Survey of North Delta Highway at Ayres Road." The motion passed 6:1; Councilor Brown voting no. Councilor Zelenka, seconded by Councilor Clark, moved that the City Council adopt Council Bill #5016, an ordinance amending the Eugene - Springfield Metropolitan Area General Plan Land Use Diagram; amending the willakenzie Area Plan; and returning the "River Ridge" site to the low density residential designation. Councilor Zelenka stated he would support the motion because the initial process resulting in a zone change was flawed. He agreed the site was sensitive and whatever development might occur in the future should be carefully examined and require a traffic impact analysis (TIA). Councilor Brown stated he would support Ordinance B, which required the applicant to conduct a TIA that demonstrated consistency with the Transportation Planning Rule prior to approval of any land division or site review application for the property. The motion passed, 6:1; Councilor Brown voting no. 6. ACTION: Adoption of an ordinance Amending the Eugene-Springfield Metropolitan Area Transportation Plan (TransPlan) to Move Projects Nos. 333 and 506 from the Future Roadway Projects List to the Financially Constrained Roadway Projects List, to Update the Project Descriptions for Project Nos. 333 and 506 and to Make Related Amendments to the Eugene - Springfield Metropolitan Area General Plan. Mr. Ruiz provided a brief overview of the item. Councilor Zelenka, seconded by Councilor Clark, moved that the City Council adopt Council Bill #5010 amending the Eugene - Springfield Metropolitan Area MINUTES Eugene City Council November 9, 2009 Page 7 Transportation Plan and make related amendments to the Eugene - Springfield Metropolitan Area General Plan. Councilor Zelenka stated there were two projects in the resolution: Project 506, which was the North Eugene Transportation Improvements, and Project 333, which was widening of west I I th Avenue from Terry Street to Greenhill Road. He did not support Project 333 because it was inconsistent with the west Eugene Collaborative (WEC) recommendations and moving it to the financially constrained list would make it available for funding. Councilor Zelenka, seconded by Councilor Brown, moved to amend the main motion to place Project 506 (North Eugene Transportation Improvements) on the "Financially Constrained" list but to leave Project 333 (West 11 Avenue) on the "Future" list by: 1. Removing from page 2 of Exhibit A — the row that would place Project No. 3 3 3 on "Table I a -- Financially Constrained;" 2. Reinserting on page 4 of Exhibit A — the row from the current TransPlan that pertains to Project No. 333, showing that project on "Table I b - Future (Beyond 20 Years)" under the "Arterial Capacity Improvements" subcategory; 3. Revising the ordinance title to delete the reference to Project No. 333. Councilor Clark asked if the amendment would affect the status of Project 506 as the City's highest transportation priority. Transportation Planning Manager Rob Inerfeld, said there would be no negative impact on Project 506. Councilor Clark asked if the WEC recommendations placed a greater burden on the City to fund build -out in that area, and if the amendment would hamper the City's ability to partner with the Oregon Department of Transportation (ODOT) and other agencies to build the WEC- recommended improvements. Mr. Inerfeld replied that a majority of the WEC recommendations were not related to ODOT facilities. He said that traditionally ODOT had invested most of its resources in state facilities. He said the WEC's recommendations represented a menu of choices that fit together as part of a vision and was not necessarily one package that ODOT would be asked to support. Councilor Brown stated he would support the amendment to separate the projects. He regarded Project 506 as a top transportation priority, but Project 333 as premature at this time. He saw no compelling reason for widening West 11 P h Avenue. Councilor Ortiz did not support the amendment and did not consider Project 333 premature. She said that section of west I I Avenue was dangerous, particularly in winter months, and it was within the urban growth boundary and important for future development in the area. She preferred to move Project 333 on to the Financially Constrained list. Councilor Pryor recalled that Project 333 was not part of the core WEC recommendations, but it was part of the larger WEC vision extending to Veneta. He asked for clarification of the difference between Financially Constrained and Future lists. Mr. Inerfeld said from a transportation planning perspective the Financially Constrained list meant there was a greater likelihood that funding for the facility planning work would be available; from a development perspective a project on the Financially Constrained list was seen as likely to be built within a 24 -year time horizon and could be relied upon when putting forth a development project. MINUTES Eugene City Council November 9, 2009 Page 8 Councilor Pryor commented that the project was another link in a route to the airport. He asked if there was another project that would be moved to the Financially Constrained list in place of Project 333. Mr. Inerfeld said no other project had been identified for that list. Councilor Pryor said he had no objection to moving Project 333 to the Financially Constrained list. Councilor Zelenka reiterated his full support for Project 505. He pointed out that Project 333 was a $20 million project and he felt that would impact the City's ability to implement WEC recommendations because of the shortage of transportation funding. He said the council had not discussed top transportation improvement priorities so it was uncertain what the next project would be. Councilor Solomon remarked that the council had discussed transportation priorities. She suggested moving the Highway 99 project from Roosevelt Boulevard to Garfield Street, at a cost of $5 million, to the Financially Constrained list instead of Project 333. She asked if moving the Highway 99 project to the Financially Constrained list would improve the City's prospects for constructing it. Mr. Inerfeld said the project did not require a facility plan as ODOT had designed it to upgrade Highway 99. He said staff was currently working to fund that project through state grants. He said when the transportation system plan (TSP) was updated the Highway 99 project would be moved to the Financially Constrained list. The motion to amend failed, 5:2; Councilor Zelenka and Councilor Brown voting yes. The main motion passed, 5:2; Councilor Zelenka and Councilor Brown voting no. 7. ACTION. Adoption of an ordinance Concerning Citation Authority of University of Oregon Department of Public Safety and Amending Section 4.035 of the Eugene Code 1971. Mr. Ruiz provided a brief overview of the item. Councilor Zelenka, seconded by Councilor Clark, moved that the City Council adopt Council Bill #5012 concerning citation authority of University of Oregon Department of Public Safety. Councilor Zelenka noted that the ordinance only applied to enforcement authority on University of Oregon property, but was hoping that University public safety officers would be able to deal with noise issues that occurred off - campus. City Attorney Emily Jerome was not certain the City could jurisdictionally delegate that authority beyond University property, but she would research the issue. University of Oregon Director of Public Safety Doug Tripp, stated that the jurisdictional authority of University public safety officers, by state statute, did not extend beyond the boundaries of University of Oregon property. Councilor Clark asked if complaints against a University public safety officer would be handled by the University, rather than the City's police auditor's office. Police Chief Pete Kerns said that was correct. When the police auditor's office received complaints about employees of other police agencies, those were forwarded to the appropriate agency. Mayor Piercy commended the arrangement as it would provide better public safety coverage. She also commended the University for being proactive and reaching out to students regarding noise problems. MINUTES Eugene City Council November 9, 2009 Page 9 Councilor Zelenka expressed his appreciation for the University's collaboration and willingness to address student conduct issues raised by neighbors around the campus area. The motion passed, 7:0. Respectfully submitted, Jon Ruiz City Manager (Recorded by Lynn Taylor) MINUTES Eugene City Council November 9, 2009 Page 10