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HomeMy WebLinkAboutCCMinutes - 05/24/04 Mtg MINUTES Eugene City Council Regular Meeting Council Chamber--Eugene City Hall May 24, 2004 7:30 p.m. COUNCILORS PRESENT: Bonny Bettman, George Poling, Nancy Nathanson, Scott Meisner, David Kelly, Betty Taylor, Gary Papd, Jennifer Solomon. His Honor Mayor James D. Torrey called the regular meeting of the Eugene City Council to order. He noted that Ms. Solomon was excused for the first part of the meeting. 1. PUBLIC FORUM Mayor Torrey reviewed the rules of the Public Forum. Bruce Miller, PO Box 50968, Eugene, shared photographs of improvements he believed were needed in downtown Eugene and noted he had provided copies of the photographs and a list of the members of Downtown Eugene, Inc. (DE1). He called for improvements in downtown and for DE1 to move to the Eugene Hilton Hotel. Mr. Miller said the City of Corvallis compiled a better directory of restaurants than Eugene. He thought the Eugene Chamber of Commerce ought to model theirs after it. Roxie Cuellar, 2053 Laura Street, Springfield, representing the Home Builders Association, wished to address Consent Calendar Item (C). She averred that the local jurisdictions had become ~lazy" about wastewater projects as there was an excellent Metropolitan Wastewater Management Commission (MWMC) staff and the MWMC itself. She felt that, because there had been no large or controversial projects over the years, the budget and the Capital Improvement Projects (CIP) list had come before the council and had been approved as proposed. She pointed out that the council was now considering $108 million in projects and thought the public should be involved, given it was such a large amount. She alleged that only one public hearing had been held and it had been held at 7:30 a.m. on a Thursday. She noted that wastewater treatment technology had evolved considerably since the last facility had been constructed and stressed the importance of allowing the community to carefully consider what sort of project would best serve it. Dennis Casady, P.O. Box 5028, did not believe the City of Eugene needed to create another bureaucracy to enforce the Tenant/Landlord law. He opined that current law included adequate housing standards and the tenant had mechanisms to ensure compliance, such as withholding rent or paying for something to be fixed and then deducting it from rent. He said it was spelled out in ORS 90.365. He noted the fear some tenants have of being evicted as a result of taking a landlord to court. He alleged it was unfounded as tenants were protected and had recourse in the event of unlawful eviction. He added that any cost a new enforcement mechanism would incur would be passed on to the tenant. Victoria Whitman, 1908 Oak Street, supported restoring Willamette Street to two-way traffic from 13th Avenue to 20th Avenue. She related that parking and traffic patterns impacted Oak Street and two-way traffic on Willamette Street would improve livability on Oak Street. She said noise was a large factor and her quality of life would be improved by this change. John Tronrude, 1408 Willamette Street, stated that he was president of the Rental Owners Association of Lane County. He said he had been a property manager for 30 years in the community. He felt the largest problem with the potential changes in housing standards enforcement was that they duplicated what was already in place. He believed that, should further enforcement truly be needed, it should be paid for by fines and not by a fee-per-rental-unit basis. He commented that the rental market was soft and getting a good tenant was desirable. Thus, he averred that supply and demand worked well to ensure that landlords provided good housing. He underscored that a tenant with a habitability issue need only to withhold rent and could not justifiably be evicted as a result of this action. Pam Perryman, 3025 Neslo Lane, said she owned rental property at 33 East 20th Avenue. She supported opening Willamette Street from 13th Avenue to 20th Avenue as it would substantially reduce noise. She asked the council not to place more value on the quality of life of a homeowner than the quality of life of a renter. She stated that leaving the portion between 18th Avenue and 20th Avenue one-way would create more havoc and would ultimately be changed. She thought changing it later would cost the City more money. Wayne Gadde, 1945 Oak Street, spoke in support of opening Willamette Street to two-way traffic as well. He related that he had his house appraised and the value had been reduced due to the heavy traffic load. He thought keeping only two blocks regulated as a one-way street was ~absurd." He felt this would inconven- ience far more people than the few who had united to request the two-block stretch of Willamette Street between 18th Avenue and 20th Avenue be left one-way. Bob Cassidy, 1401 East 27th Avenue, related that he had heard on the radio earlier in the day that there were 7,000 vacant Walmart Stores in the country at present because the space was too small to be made larger and too large for anyone else to want to purchase them. He expressed concern that such stores add to the blight in the downtown area, which he perceived to be only just rising from its blighted state. Mr. Cassidy shared that he had been a landlord for nine years. He stated that rents were not determined by anything but the marketplace. He would not mind paying 75 cents per month per unit to help improve the City. He said improving rentals helped the community. Charles Biggs, 540 Antelope Way, said he had attended a Civic Center Visioning workshop at which they chose an option to recommend. He felt there was not enough public input and the City had not worked hard enough to solicit such input. He thought placing the Civic Center on the November ballot would be wrong. He expressed disappointment that when speaking about partnerships, no partners had money to partner with. He felt the site selection involved in construction of a new police facility was ~pulling the wool over the eyes" of the public, who had voted against such a structure twice. Bob Suess, P.O. Box 456, Springfield, explained that he and his family had built and operated rental units in the area since 1958. He agreed that good landlords were needed, but thought landlords were already being hit with ~a lot of fees." He averred more laws would not make landlords more responsible to their renters. He thought that more regulation would %hase away good landlords." He suggested more education on standards was in order, though he admitted that some could not be educated. Nick Urhausen, 2858 Warren Street, conveyed his displeasure at the recent election results. He did not support the new mayoral candidate and hoped a write-in candidate would win in November. Mayor Torrey closed the Public Forum and called on the council for comments. Councilor Kelly expressed appreciation for the testimony of residents of the Oak Street area regarding changes to traffic flow on Willamette Street. He stated that a study was being recommended so that a solution could be crafted that weighed the topography and neighborhood needs. Councilor Poling asked if it would be possible to place a sunset on a housing standard enforcement mechanism so that it would be required to be brought back for evaluation. City Attorney Glenn Klein replied that the council could direct staff to add such language when the draft ordinance was brought back in a work session and prior to the public hearing on it. Councilor Pap6 stressed that the council had only begun the process of deciding how and whether to proceed with housing standards enforcement. Councilor Bettman said the decision to keep the traffic flow one-way south of 18th Avenue to 20th Avenue was due to concerns regarding on-street parking and cut-through traffic. She opined that the best mobility in an urban core was provided by two-way streets. 3. CONSENT CALENDAR A. Approval of City Council Minutes - March 31, Work Session - April 7, 2004, Process Session - April 12, 2004, Work Session - April 14, 2004, Work Session - April 21, 2004, Work Session - April 28, 2004 Work Session B. Approval of Tentative Working Agenda C. Ratification of the Metropolitan Wastewater Management Commission FY04-05 Re- gional Wastewater Program Budget and Capital Improvements Program D. Initiation of Land Use Code Amendment: To Create a Special Area Zone for the Kaufman House (Kaufman Senior Center) Councilor Bettman, seconded by Councilor Poling, moved to approve the items on the Con- sent Calendar. Councilor Kelly submitted one correction to the minutes via email. Mayor Torrey deemed it, without objection, approved. Councilor Pap6 pulled Item C. Councilor Bettman noted her submission of corrections to the minutes. Mayor Torrey deemed them accepted as submitted. Roll call vote; the motion passed unanimously, 8:0. In response to a question from Councilor Pap6, City Manager Dennis Taylor said the MWMC budget before the council was only for FY04-05. Councilor Pap6 asked how much of the projected $108 million was included in the CIP for FY04-05. Speaking on behalf of the MWMC, Susie Smith responded that the CIP for the budget before the council was projected to cost $18 million and consisted of both new projects and those carried over from the previous year. Councilor Pap6 expressed concern regarding the timing of the public hearing on the CIP and budget. Ms. Smith said the MWMC met every third Thursday of the month at 7:30 a.m. She explained that the commission tried to have public hearings at different times in the day and had not experienced an increase in public participation. She added that the MWMC held two public hearings on the proposed CIP and budget and had noticed them as per public meeting law. She noted that the MWMC had an interested parties list as well, consisting of several hundred people. Councilor Pap6 asked if there was a website. Ms. Smith replied that there was, but it had not been updated recently, as the person who did so was no longer working for them. Ms. Smith stated, in response to a question from Councilor Poling, that the Lane County Board of Commissioners reviewed the facilities plan only, but the City of Springfield reviewed both the CIP and the systems development charges (SDCs). Springfield and Lane County were scheduled to review the budget in June. Councilor Poling noted that the planning commissions for the jurisdictions were slated to discuss this and asked what the purpose for this was. Ms. Smith clarified that the planning commissions were reviewing proposed amendments to the MetroPlan and the Public Facilities and Services Plan to update the information pertaining to wastewater facilities. She said up to this point, wastewater facilities were defined as pipes 24 inches and larger and pump stations. Upon review of the Oregon Revised Statutes (ORS) and the administrative years, it had been determined that facilities such as the treatment plant, the bio-cycle farm, and the bio-solids facility should be included. Councilor Poling asked how much of the $18 million in the CIP was being discussed by planning commis- sions. Ms. Smith replied that the budget was not being discussed. Councilor Poling asked if the Board of Commissioners would provide opportunities for public comment. Ms. Smith responded that the board had not chosen to provide such an opportunity in the past. Councilor Kelly commented that he was prepared to support the motion because it only took into considera- tion the one-year plan and not the 20-year project list. He noted that the City of Springfield had voted unanimously to approve the 24-percent increase in user fees to help fund the CIP. Councilor Meisner said he could neither support nor oppose the motion because he felt the public had not had adequate opportunity to choose to be involved as the noticing was too obtuse. Councilor Bettman supported the motion. She indicated she had a problem with the draft budget for the 20- year plan; however, in that the resources from SDCs amounted to $850,000 in FY03-04 and $1 million in FY04-05, it did not adequately cover the $108 million projected cost of the CIP. Councilor Papd, seconded by Councilor Poling, moved to postpone the ac- tion on this item to the meeting scheduled for June 14. Councilor Pap~ asked for a memorandum through the City Manager from the MWMC to specifically describe what was planned and how the MWMC intended to educate the public as to plans for the $108 million project list and rate changes. Councilor Bettman hoped part of the outreach and education would be on how much ratepayers paid. She alleged that ratepayers were subsidizing new development. Councilor Kelly agreed with comments made about public outreach. He urged the MWMC to ramp up public outreach regarding the 20-year plan. He would not, however, support the motion as he opposed holding the one-year budget in "limbo." Councilor Meisner indicated he hoped the MWMC would undertake more "active plain-English" presenta- tions in order to educate and inform the public. He suggested a simple enclosure in utility bills as a means to disseminate information. Mayor Torrey said he was inclined to vote to postpone action on this for a month. He felt traction was needed with the public and the MWMC did not have it at this time. He opined it was in the best interest of the MWMC to let the public know what was being done and why, in order to avoid their consternation at what could be perceived as yet one more cost increase among many. Roll call vote; the vote was a tie: 4:4; Councilors Pap~, Meisner, Solomon, and Poling voting for; Councilors Nathanson, Bettman, Taylor, and Kelly voting against. The Mayor voted for the motion and the motion passed. 3. ACTION: An Ordinance Concerning Apportionment of Assessments for Alley Improvements; Amending Section 7.175 of the Eugene Code, 1971; and Providing an Effective Date Councilor Bettman, seconded by Councilor Poling, moved that the City Council adopt Council Bill 4874, and ordinance concerning alley assess- ments. Councilor Bettman commented that, when voted upon previously, she had presented a motion to amend to make the assessments 100-percent voluntary. She related that the amendment had failed and she would continue to oppose the ordinance without such a clause. She called the assessments inequitable. Councilor Taylor concurred with Councilor Bettman. Roll call vote; the motion passed, 6:2; Councilors Taylor and Bettman vot- ing in opposition. 4. ACTION: An Ordinance Concerning the Downtown Area; and Proposed Amendments to Sections 3.344, 4.871, and 4.872 of the Eugene Code, 1971 Councilor Bettman, seconded by Councilor Poling, moved that the City Council adopt Council Bill 4872, an ordinance concerning the downtown area. Councilor Solomon was excused from the meeting at 8:28 p.m. Councilor Bettman felt the curfew in the downtown area was too restrictive. She felt the Broadway Plaza was not unlike a city park and should have similar restrictions as other parks had. Councilor Taylor commented that there should no be a curfew at all. Councilor Taylor, seconded by Councilor Kelly, moved to amend the mo- tion by striking language having to do with a curfew, section 4.8722 0) of the Ordinance. Councilor Kelly remarked that the City was trying to create a livelier downtown. He averred there was a distinction between a city park and a town square and, as such, the Broadway Plaza merited different treatment than a park. Councilor Taylor opposed placing a curfew in the downtown area. She said the curfew ran counter to the City's aspiration to have a lively downtown 24 hours per day. She added she felt the entire downtown ordinance was unnecessary; something that was against the law downtown should be against the law everywhere in the City. Councilor Meisner was inclined to support the amendment. He reiterated that the City's goal was to have a lively downtown area 24 hours per day. He thought safety concerns on the Broadway Plaza could be addressed by augmenting the lighting. He asked Police Chief Bob Lehner if a lack of curfew would pose problems to the Eugene Police Department (EPD). Chief Lehner responded that the EPD would do what it needed to do with downtown safety, but said it was a matter of responsiveness and watchfulness. He thought it would provide comfort to have the Broadway Plaza governed in the same manner as the rest of the community. Roll call vote; the amendment passed, 5:2; Councilors Bettman and Pap~ voting in opposition. Roll call vote; the main motion passed unanimously, 7:0. 5. ACTION: An Ordinance Adopting a New Central Area Transportation Study as a Refinement of the Eugene-Springfield Metropolitan Area General Plan; Repealing Resolution No. 4369 and the Central Eugene parking and Traffic Circulation Plan Adopted Therein; Adding Section 9.9515 to the Eugene Code, 1971; Adopting a Severability Clause; and Providing an Effective Date Councilor Bettman, seconded by Councilor Poling, moved to approve the changes reflected in Attachment A, modifying the Draft June 2003 Central Area Transportation Study. Councilor Bettman, seconded by Councilor Kelly, moved to amend imple- mentation strategy 1.1 (g) to read as follows: "Willamette Street from 18th Avenue to 20th Avenue; prior to any con- version of this segment additional study and analysis shall be per- formed and a recommendation and project proposal brought back to the council for a public hearing and approval." Councilor Bettman said the only change her amendment would implement was that it would add that after analysis, scoping, and outreach to neighbors, it would come back before the council. She supported moving forward with the project, but with the caveat that it should be done with careful consideration of the businesses that would be negatively impacted by loss of parking and the surrounding neighborhoods that have noise and traffic issues. Councilor Kelly concurred. He felt public input had indicated that the issue had risen to a level of intensity that it deserved second consideration. Councilor Pap~ supported the amendment. While he said he was sympathetic to members of the public who testified during the Public Forum, he averred that traffic flow on the streets in question had been a fixture for 30 years and the people who bought or rented property in that area ~knew what they were getting into." He hoped to look at the changes in a broader context. Councilor Pap~ asked the City Manager if there had been any further discussion with School District 4J in regard to purchasing a portion of the Civic Stadium site to augment Willamette Street. Mr. Taylor responded that he had not spoken to representatives of the school district. Councilor Meisner expressed concern that the amendment could slow the implementation of the plan, though he was inclined to support it. He averred that staff, without a deadline, could take a long time to conduct the study. Councilor Taylor conveyed her support for the motion. Roll call vote; the amendment passed unanimously, 7:0. Councilor Bettman, seconded by Councilor Taylor, moved to modify the language in Policy 1 so that it would read: ~Promote the development of a transportation system within the down- town area that supports the goals of the Downtown Plan, enhances the livability of downtown, preserves the livability and economic vitality of areas within and directly adjacent to the CATS boundary, and provides for the safe and efficient movement of motor vehicles, pedes- trians, bicycles, and transit vehicles (see Appendix A, Map 2 for pro- posed street system improvements)." Councilor Bettman said she wished to add this language because she had heard from the Jefferson Westside Neighborhood and the Friendly Neighborhood that they wanted consideration for the impacts that the changes could cause to their neighborhoods. Roll call vote; the amendment passed unanimously, 7:0. Roll call vote; the main motion passed unanimously, 7:0. Councilor Bettman, seconded by Councilor Poling, moved that the City Council adopt Council Bill 4859, an ordinance adopting a new Central Area Transportation Study. City Attorney Glenn Klein requested the maker of the motion add "including an amended Exhibit B reflecting the changes adopted by the council in the prior motion." Councilor Bettman, seconded by Councilor Poling, so moved. Mr. Klein asked Councilor Bettman to make the same motion for Policy 1 so that the one just made would read as follows: ~I move to amend Section 4, Section 9.9515 (1)(a), Policy 1 to add the language preserves the livability and economic vitality of areas within and directly adjacent to the CATS boundary after the ~livability of downtown' in the first sentence." Councilor Bettman, seconded by Councilor Poling, so moved. Councilor Taylor expressed her reservations regarding the highway and hoped changes to the highway would be removed at a later point. Roll call vote; the amendment passed unanimously, 7:0. Roll call vote; the main motion, as amended, passed unanimously, 7:0. Councilor Bettman, seconded by Councilor Poling, moved to direct the City Manager to prepare the Central Area Transportation Study for final publi- cation. Roll call vote; the motion passed unanimously, 7:0. Mayor Torrey adjourned the meeting at 8:54 p.m. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Ruth Atcherson)