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HomeMy WebLinkAbout01/29/1986 Meeting (2) - e e M I NUT E S Eugene City Council City Council Chamber January 29, 1986 Noon COUNCILORS PRESENT: Richard Hansen, Debra Ehrman, Freeman Holmer, Ruth Bascom, Roger Rutan, Jeff Miller, Cynthia Wooten. COUNCILORS ABSENT: Emily Schue The adjourned meeting from January 27, 1986, of the City Council of the City of Eugene, Oregon, was called to order by President Richard Hansen in the absence of His Honor Mayor Brian B. Obie. I. ITEMS FROM MAYOR AND COUNCIL, CITY MANAGER, APPOINTMENTS, ANNOUNCEMENTS, AND AGENDA ADJUSTMENTS A. Announcements 1. Presentation of Award for Distinguished Budget Presentation President Hansen presented an award from the Government Finance Officers Association for a Distinguished Budget Presentation to Tony Mounts, Budget Operations Manager. The award was for the presentation of the FY84/85 Budget. Mr. Hansen also recognized Mari1ynne Musso, who was Budget Operations Manager during part of the year. B. Waiver of Lane County Dump Fees Councilor Bascom said she spoke to the Lane County Commissioners and asked them to waive county dump fees of $4,000 during the City's spring beautification effort entitled "Project City Pride." She said the waiver was granted, and she will send them a letter of appreciation. C. Metropolitan POlicy Committee (MPC) Mr. Hansen reported on a recent MPC meeting. He said the MPC considered some changes in the Metropolitan Area Plan Advisory Committee (MAPAC) recommended by the Springfield City Council. MPC members agreed to recommend to Eugene, Springfield, and Lane County officials that the number of MAPAC members be reduced by attrition to 15, that MAPAC members serve no more than two terms, and that the specific time period of thirty to sixty days be deleted from the provisions for MAPAC consideration of Metro Plan amendments. Mr. Hansen said MAPAC will continue to consider Metro Plan amendments before they are presented to the Planning Commissions. MINUTES--Eugene City Council January 29, 1986 Page 1 e D. Council Airport Subcommittee Mr. Rutan reported that the Council Airport Subcommittee met and began preparation of an outline for the council discussion on February 10, 1986, of the airport terminal expansion project. E. Agenda Adjustments Later in the meeting, Mr. Hansen suggested the council consider the ordinance concerning membership of the Performing Arts Commission (Item V) before it considers the Airport Road annexation/rezoning proposal (Item IV) to accommodate people in the audience. The other councilors agreed. F. 1986 Councilor Assignments for City Boards and Commissions Ms. Wooten said she would like to consider the councilors' assignments to boards and commissions at the council's next quarterly process session. She said representation is needed on several new organizations such as the Library Task Force and the Riverfront Research Park Commission. She said a liaison for culture and leisure and destination activities is needed, and there will probably be a report about the Council Committee on Economic Development. Councilor Ehrman said she would like to discuss a limit on terms for appointees to boards and commissions at the process session. e Referring to the list of board and commission assignments, Mr. Hansen pointed out that the Council President is a member of the Metropolitan Partnership. Ms. Ehrman moved, seconded by Ms. Wooten, to adopt the following 1986 Councilor Assignments for City Boards and Commissions: AIRPORT TASK FORCE - Dick Hansen Roger Rutan Debra Ehrman (alternate) AUDIT SUBCOMMITTEE - Dick Hansen Freeman Holmer Roger Rutan BOUNDARY COMMISSION - Freeman Holmer BUDGET COMMITTEE - All 8 Councilors CITIZEN INVOLVEMENT COMMITTEE - Cynthia Wooten Jeff Miller (alternate) COMMUNITY DEVELOPMENT COMMITTEE - Jeff Miller COMMUNITY SCHOOLS COORDINATING COMMITTEE - Debra Ehrman e MINUTES--Eugene City Council January 29, 1986 Page 2 - e e COUNCIL COMMITTEE ON ECONOMIC DIVERSIFICATION - Freeman Holmer Jeff Miller Brian Obie Roger Rutan Cynthia Wooten COUNCIL/4J TASK FORCE - Roger Rutan Emily Schue DESIGN REVIEW TEAM - Dick Hansen EUGENE ACTION FORUM - Jeff Miller EUGENE ARTS FOUNDATION - Ruth Bascom EUGENE CELEBRATION STEERING COMMITTEE - Debra Ehrman Cynthia Wooten EUGENE/SPRINGFIELD VISITORS & CONVENTION BUREAU - Dick Hansen JOINT AGENCY COMMITTEE FOR REVIEW OF SANITARY USER FEES - Ruth Bascom JOINT PARKS COMMITTEE - Roger Rutan Emily Schue JOINT SOCIAL SERVICES BUDGET COMMITTEE - Ruth Bascom Deb ra Eh rman LANE COUNCIL OF GOVERNMENTS BOARD - Emily Schue Debra Ehrman (alternate) LANE REGIONAL AIR POLLUTION AUTHORITY - Debra Ehrman Di ck Hansen Emily Schue LEGISLATIVE SUBCOMMITTEE - Debra Ehrman Freeman Holmer Roger Rutan Emi 1y Schue METRO AREA TRANSPORTATION COMMITTEE - Ruth Bascom METRO CABLE TELEVISION COMMISSION - Dick Hansen METRO PARTNERSHIP - Dick Hansen Brian Obie METRO POLICY COMMITTEE - Dick Hansen Emily Schue Roger Rutan (alternate) METRO WASTEWATER MANAGEMENT COMMITTEE - Emily Schue MINUTES--Eugene City Council January 29, 1986 Page 3 RIVER ROAD/SANTA CLARA POLICY COMMITTEE - Freeman Holmer ~ Jeff Miller SOUTHERN WILLAMETTE PRIVATE INDUSTRY COUNCIL - Brian Obie Roger Rutan (alternate) TREE AND BEAUTIFICATION COMMISSION - Ruth Bascom URBAN SERVICES POLICY COMMITTEE - Roger Rutan Emi ly Schue UTILITIES TASK FORCE - Ruth Bascom Emi ly Schue The motion carried unanimously, 7:0. II. ROUTINE ITEMS FOR COUNCIL APPROVAL A. City Council Minutes of: Lunch/Work Session and Meeting of January 8, 1986 (minutes distributed) Ms. Ehrman moved, seconded by Ms. Wooten, to approve the City Council minutes of January 8, 1986. Roll call vote; the motion carried unanimously, 7:0. e B. Call for Public Hearing to Consider Street Vacation (William Trotter) (SV 86-1) (map distributed) CB 2871--An ordinance calling a public hearing for March 19, 1986, to consider vacation of a portion of 15th Avenue, east of Fairmount Boulevard. Ms. Ehrman moved, seconded by Ms. Wooten, that the bill be read the second time by council bill number only, with unanimous consent of the council, and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 7:0. Council Bill 2871 was read the second time by council bill number only. Ms. Ehrman moved, seconded by Ms. Wooten, that the bill be approved and given final passage. Roll call vote; all councilor present voting aye, the bill was declared passed (and became Ordinance No. 19373). III. PUBLIC HEARING: STREET VACATION REQUEST (City of Eugene: EWEB) (SV 85-2) (memo, map distributed) City Manager Micheal Gleason introduced the agenda item. Jim Croteau of the Planning Department gave the staff report. He said the council originally considered the street vacation request in December 1985. At that time, the ~ councilors raised issues concerning the relationship of the council and the MINUTES--Eugene City Council January 29, 1986 Page 4 e Eugene Water and Electric (EWEB) Board of Directors, the disposition of surplus public property, and compensation for property if it is vacated. The council directed the City Manager to negotiate with the General Director of EWEB about preparation of an agreement concerning the disposition of public property. Mr. Croteau said progress is being made on the agreement. Mr. Croteau said the vacation request complies with the Cityls criteria for vacations. The area is not needed for public services, facilities, or utilities; public services can be extended efficiently; and the vacation is consistent with applicable transportation plans. Discussing possible compensation for the vacated area, Mr. Croteau said the City did not pay for the land and has not incurred costs for its maintenance. The property was deeded for street and alley use by the abutting property owners. He said the EWEB Master Plan indicates that park and Greenway space will be provided adjacant to the Willamette River when the EWEB office building is constructed. Mr. Croteau recommended approval without compensation of the vacation request. Ms. Wooten said she is satisfied with the progress being made in the discussions with EWEB representatives. She hoped the councilors and members of the EWEB Board of Directors can meet and discuss serious concerns. Mr. Hansen opened the public hearing. Deborrah Brewer, EWEB Governmental Affairs Coordinator, said EWEB supported the staff recommendation. ~ There being no additional request to testify, Mr. Hansen closed the public hearing. e CB 2867--An ordinance authorizing vacation of street and alley rights-of-way located east of High Street, north of the Southern Pacific Railroad, and south of East 4th Avenue. Ms. Ehrman moved, seconded by Ms. Wooten, that the bill be read the second time by council bill number only, with unanimous consent of the council, and that enactment be considered at this time. Roll call vote; the motion carried unanimously 7:0. Council Bill 2867 was read the second time by council bill number only. Ms. Ehrman moved, seconded by Ms. Wooten, that the bill be approved and given final passage. Roll call vote; all councilors present voting aye, the bill was declared passed (and became Ordinance No. 19374). IV. ORDINANCE CONCERNING THE MEMBERSHIP OF THE PERFORMING ARTS COMMISSION (memo, ordinance distributed) City Manager Micheal Gleason introduced the agenda item. Nancy Hayworth, chairer of the Performing Arts Commission, said the commission has 11 members. She said members are very careful to represent broad public MINUTES--Eugene City Council January 29, 1986 Page 5 e interests, rather than the groups to which they belong. Sometimes it is difficult to fill vacant positions on the commission, and sometimes it is difficult to get a quorum. She said the members evaluated the size of the commission and recommended it be reduced to nine members. Answering a question from Ms. Ehrman, Ms. Hayworth said the positions on the commission are not dedicated to specific groups. CB 2872--An ordinance concerning the Hu1t Center for the Performing Arts; amending Sections 2.013, 2.630, 2.632, 2.634, and 2.636 of the Eugene Code, 1971; and declar- ing an emergency. Ms. Ehrman moved, seconded by Ms. Wooten, that the bill be read the second time by council bill number only, with unanimous consent of the council, and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 7:0. Council Bill 2872 was read the second time by council bill number only. Ms. Ehrman moved, seconded by Ms. Wooten, that the bill be approved and given final passage. Roll call vote; all councilors present voting aye, the bill was declared passed (and became Ordinance No. 19375). e V. ANNEXATION/REZONING REQUEST FOR PROPERTY LOCATED IN THE VICINITY OF AIRPORT ROAD AND HIGHWAY 99 NORTH FROM COUNTY M-2, M-2/SR, AND M-2/SR/ICU-10 TO CITY 1-2 LIGHT-MEDIUM INDUSTRIAL DISTRICT AND I-2/SR LIGHT-MEDIUM INDUSTRIAL DISTRICT WITH SITE REVIEW PROCEDURES (AIRPORT ROAD) (AZ 85-3) (memo, map, background information distributed City Manager Michea1 Gleason introduced the agenda item. Terry Jones gave the staff report. She distributed color-coded maps to the councilors. The maps indicated three options for the counci1's consideration. She suggested final action by the council be deferred to February 10, 1986, so that findings and a resolution indicating the counci1's decision can be prepared. Jim Carlson of the Planning Department described each of the options. He said Option #1 excluded properties north of Enid Road from the proposal. If it is approved, the owners of Tax Lots 1900 and 2001 will be advised to request annexation again, although the logic of that boundary might be questioned. e Option #2 eliminated the island of residential properties by excluding the properties of non-consenting owners east of West Enid Road. It also excluded the right-of-way of West Enid Road from the proposal. The properties of all of the consenting owners in the original proposal were included. Mr. Carlson said Option #2 provides a logical boundary and the percentages of consenting owners have been increased considerably. He said the owner of Tax Lot 100 and 102 is farming both lots. The owner is interested in annexation. The owner may add the properties to the petition when it is considered by the Boundary Commission. The owner understands that the properties must be annexed before they can be developed. MINUTES--Eugene City Council January 29, 1986 Page 6 e e e Mr. Carlson said Option #3 is the original proposal. He said a small island of un-developable land north of West Enid Road is retained in Options #2 and #3. Mr. Carlson said the Metro Plan and the Urban Transition Report indicate that a tax differential program is appropriate for developing the River Road/Santa Clara area. He reviewed the existing tax rate structure and said taxes in the Airport Road area will increase $7.44 per $1,000 of assessed value if the properties are annexed without a tax differential schedule. If a tax differential schedule is adopted, the staff recommended 50 percent of the taxes be levied the first year to cover public safety expenses. The staff recommended a schedule of increasing taxes for the next four years until 100 percent is levied. To illustrate the taxing systems, Mr. Carlson discussed Tax Lots 200 and 1700. Responding to a request for declarations of ex parte contacts and conflicts of interest, Councilor Wooten said she had been given information by a property owner. The contact did not change her objectivity. She said she was not present when the council considered the annexation request on Monday, January 27, 1986. If the council takes final action today, she will abstain from the vote; but, if the council takes final action later, she will listen to tapes of the meeting and participate in the vote. Mr. Miller was concerned about the precedent the annexation would set and the compounding effect of a tax differential program. Answering questions, Mr. Carlson said an average Eugene property owner's taxes might increase about one-tenth of 1 percent the first year (about 50t a year on a $50,000 property) if a tax differential program for the Airport Road area is approved. Mr. Carlson discussed some offsetting factors, however. Mr. Gleason added that the city's population would increase if the properties are annexed and so per capita receipts from State taxes would increase. He said the effect of annexations on City finances is very complex. He said the Airport Road annexation may slightly affect the cash flow of the City, but, in the long term, annexations increase the City's cash flow. Mr. Miller summarized by saying a tax differential program probably would not have much of a compounding effect. Mr. Holmer suggested the City would provide free police service to the Airport Road area for about 18 months until taxes are collected if it is annexed. Responding to questions, Mr. Carlson said the Lane Rural Fire District would continue to levy a tax and provide fire protection. He said the taxes on Airport Road properties will increase in 1987, but tax bills will not indicate an increase until November of 1987. Answering a question from Ms. Ehrman about four pages of a memo dated November 8, 1978, from Roy L. Ellerman of the United States Environmental Protection Agency (EPA) which had been distributed to the council, City Attorney Tim Sercombe said the record of the annexation proposal was closed January 27, 1986, and the councilors should not read the EPA material. Responding to other questions from Ms. Ehrman, Mr. Carlson said the location of the sewer lines would be the same in all the options, although an extra MINUTES--Eugene City Council January 29, 1986 Page 7 e e e territorial extension would be needed for some of the sewer lines in Option #2. The property owners who initiated the proposal did not ask about a tax differential program, and no consenting property owner conditioned the consent on a tax differential program. Answering questions from Ms. Bascom, Mr. Carlson said extra territorial extensions are often used for utilities. The whole River Road/Santa Clara sewer system was constructed with extra territorial extensions and the costs of that system will not be recovered until properties are annexed and connected to it. He said the City's costs will be slightly greater if Options #1 and #2 are adopted because fewer properties will be connected to the sewers, but the increase will not be significant. Planning Director Susan Brody added that the City's costs to extend sewers to Tax Lots 1900 and 2001 will be greater if Option #1 is adopted than if Option #2 is adopted. Mr. Miller said the Metro Plan indicates that all the land within the urban growth boundary will be annexed to the cities. Answering a question, Mr. Carlson said the City can only initiate annexations for islands; therefore, the City cannot control when properties will be annexed. Mr. Gleason added that the Metro Plan limits development outside the cities and owners will have to request annexation to develop their properties. Responding to comments of Mr. Holmer about the exclusion of Tax Lots 1500, 1601,1602, and 1700 from Option #1, Ms. Brody said the owners of Tax Lots 1900 and 2001 want to annex, but it would be difficult to process another annexation proposal for them if Option #1 is approved. In that case, Tax Lots 1900 and 2001 would not be contiguous to the city limits. She recommended approval of Option #2. Mr. Gleason discussed the Boundary Commission review of annexation proposals. He emphasized that the cities agreed to provide urban services for industrial development when the Metro Plan was acknowledged. Responding to Mr. Hansen's suggestion to delete Tax Lots 2002, 2003, and 3200 from Option #2, Mr. Carlson said approval of that suggestion would defer assessments for sewers along Highway 99 and the question of a logical boundary would be raised. The size of sewer trunk lines would not be changed because the sewer system is designed to serve the whole area. He said the adoption of a tax differential program might be a precedent for annexations of other industrial land, but it would not be a precedent for annexations of residential land. Answering a question from Mr. Miller, Mr. Carlson said Tax Lot 1800 was excluded from the proposal because it is on the edge of the urban growth boundary, it has a high assessed value, and the owner did not consent to the annexation. Mr. Hansen said he favored Option #2. Mr. Holmer did not favor a tax differential program because it is not necessary to annex the properties and it would establish an inappropriate precedent. He said Bancroft Bonds will be offered to finance the sewer assessments. He favored Option #2 or an amended Option #1. He suggested excluding Tax lots 2004, 2005, and 2300 from Option #2. MINUTES--Eugene City Council January 29, 1986 Page 8 e e e Mr. Miller favored Option #2 and agreed with Mr. Holmer about not adopting a tax differential program for those properties. However5 if Option #3 is adopted5 he would consider a tax differential program because more properties of non-consenting property owners would be included. Mr. Rutan said the triple majority procedures should be used when there are good reasons to annex properties and when owners want annexation. He said the boundaries of annexation proposals must be sensible. He favored Option #2 and with Mr. Holmer's exclusions because they were non-consenting property owners. Mr. Rutan did not favor a tax differential. He reiterated that the Metro Plan and the Urbanization Report indicate that the City will aggressively annex properties that comply with the criteria. Ms. Bascom liked the percentages in Option #2 although she was willing to approve the original proposal. She said a few owners of large properties kept the percentages low in the original proposal. Ms. Ehrman was bothered by the creation of islands of unincorporated properties. She favored #2 with the exclusions suggested by Mr. Holmer. She noted that the owner of Tax Lot 2300 did not consent to the annexation and lives on the property. She would like to have the owner of Tax Lots 102 and 100 consent to annexation. She said owners of residential properties would expect tax differential programs if the council approves tax differential programs for industrial properties. Ms. Brody responded that Tax Lots 100 and 102 would not be islands if Option #2 is approved. Answering questions from Mr. Hansen about the sewer charges if Tax Lot 2005 is excluded5 Mr. Lyle explained how sewer assessments are calculated. He said the exclusion would mean that the City would lose an assessment of about $35500. Mr. Gleason said owners who delay annexation of their properties have an advantage because other people's costs are raised. Responding to suggestions that the council might deliberate longer5 Ms. Brody said code requires council action within 15 days of their public hearings and February 10, 1986 is the latest they could take action. Ms. Ehrman made the following motion and5 with her consents Mr. Holmer added to it. Ms. Ehrman moved5 seconded by Ms. Wooten 5 to direct the staff to prepare a resolution and supporting findings to initiate the annexation of properties in the Airport Road vicinity (AZ 85-3) as presented in Option #2 and findings about the effect of the exclusion of Tax Lots 20045 20055 and 2300 from the proposal. Roll call vote; the motion carried 6:1 with Ms. Bascom5 Mr. Hansen, Mr. Holmer5 Mr. Rutan5 Mr. Millers and Ms. Wooten voting aye and Ms. Ehrman voting nay. The councilors agreed by consensus that they did not want to approve a tax differential program for the properties. MINUTES--Eugene City Council January 295 1986 Page 9 VI. RENEGOTIATION OF PACIFIC NORTHWEST BELL (PNB) FRANCHISE AGREEMENT (memo ~ attached to agenda) City Manager Michea1 Gleason introduced the agenda item. Susan Smernoff of the Administrative Services Department gave the staff report. She said the City would like to terminate the franchise agreement with PNB in order to renegotiate it. The City has the opportunity to terminate and renegotiate the agreement only every five years. Ms. Smernoff said the City would like to renegotiate the agreement because some of the wording is not acceptable. The City would also like to change the rates to reflect the cost of maintaining the public right-of-way used by PNB. She said PNB representatives are willing to renegotiate the agreement. No councilors objected to the notice of termination. The meeting was adjourned at 1:48 p.m. e Respectfully submitted, ??~;("7A (.G~"7 P Michea1 G1easo City Manager (Recorded by Betty Lou Rarick) BLR:je/1964C e MINUTES--Eugene City Council January 29, 1986 Page 10