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HomeMy WebLinkAbout07/21/1986 Meeting .' '. M I NUT E S e Eugene City Council Eugene Hilton Hotel, Board Room July 21, 1986 5:30 p.m. COUNCILORS PRESENT: Debra Ehrman, Emily Schue, Freeman Holmer, Ruth Bascom, Roger Rutan, Jeff Miller. COUNCILORS ABSENT: Richard Hansen, Cynthia Wooten. His Honor Mayor Brian B. Obie called the process session to order. 1. QUARTERLY PROCESS SESSION A. Lane Regional Air Pollution Authority (LRAPA) Counc il or Schue sa i d LRAPA wi 11 begin a program this winter to inform people of atmospheric conditions. The program is similar to one used in Medford. It is voluntary and uses traffic light symbols. A red light means people should not use wood stoves or fireplaces unless wood stoves are the only heat they have. A yellow color indicates people should use caution and a green color means people may use wood stoves and fireplaces as much as they wish. She said wood stoves sold in Oregon now must meet e stringent regulations and they pollute less than the older stoves, but the LRAPA program will be an educational effort and will apply to all stoves. Councilor Ehrman added that no City ordinance is needed to implement the LRAPA program. She said there will probably be only four or five "red" days each year. The program will apply to Eugene and Springfield. Mr. Gleason asked if the council would like to hold a public hearing on the program. The councilors and Mayor Obie decided not to do so because it is an LRAPA program. B. Neighborhood Basketball Court Councilor Holmer said a person in his ward put up a basketball hoop in the right-of-way on a cul-de-sac for neighborhood people to use while playing in the street. The person who put up the hoop asked Mr. Holmer about it and Mr. Holmer said the location of the basketball hoop is not legal but he did not think the City would object to it. However, this week a Public Works representative told the owner that the hoop is illegal. Mr. Holmer sa i d the City should not enforce the regulation unless an official complaint is filed. -- MINUTES--Eugene City Council July 21, 1986 Page 1 Councilor Rutan discussed an experience and said he does not favor making people sign an official complaint to get City enforcement of regulations. e The other councilors said basketball hoops are not a city-wide problem. They encouraged Mr. Holmer to discuss the problem with the people involved. C. Ma il boxe s Councilor Miller said it is not illegal to park in front of mailboxes but mail carriers will not leave mail if there is a vehicle in front of the box. He suggested the council consider an ordinance that would make it illegal to park in front of mailboxes. He said the problem will reoccur. After some discussion, the councilors agreed that people should not be prevented from getting their mail, but they did not feel this is a city- wide problem at this time. They suggested mail carriers put notices on the boxes indicating when the mail will be delivered and asking people not to obstruct access to the mailbox. They directed the staff to write to United States Post Office officials about the problem and ask what current practices are. D. Performing Arts Commission Councilor Bascom said the "brick" campaign is underway at the HuH Center. The name of each person who donates $25 will be put on a brick. E. Oregon Bicycle Advisory Committee e Ms. Bascom displayed a plaque given her by the Oregon Bicycle Advisory Committee for her long and excellent service on the committee. She said the members of the committee thanked Eugene for pioneering bikeways in the state. F. Willamette Street between 8th and 10th Avenues Ms. Bascom said the council has not decided whether to open Willamette Street between 8th and 10th avenues but some Downtown Commissioners assume the council will approve it. She said it is important that people realize that a decision has not been made. She asked the staff to send to the councilors a copy of the minutes of the council meeting in which the Downtown Plan was approved and when the opening of Willamette Street from 8th to 10th avenues was discussed. Counci lor Schue agreed wi th Ms. Bascom. Ms. Schue said the council authorized a study of the issues and stated that a decision would be made later. Mr. Rutan said the Downtown Commission should understand that the councilors have not discussed the matter and have no preconceived opinions about it. He said the council will consider a recommendation from the e' MINUTES--Eugene City Council July 21, 1986 Page 2 " Downtown Commission but the commissioners should not try to judge what the council will decided. He emphasized that the opening of Willamette Street is not mandated in the Downtown Plan. Approval of it would necessitate e approval of an amendment to the Downtown Plan. Mayor Obi e said he will di scuss the council ors I concern s wi th the chairperson of the Downtown Commission. G. Expansion of Mahlon Sweet Airport Terminal Councilor Rutan said the Mahlon Sweet Airport Terminal expansion project is progressing. He said negotiations with the airlines are continuing and an announcement will probably be made in August or September. Mr. Gleason added that construction could begin next summer if the design work is begun in October 1986. Answering questions, Mr. Rutan said the Subcommittee on Airport Financing wi 11 present recommendations for financing the expansion when negotiations with the airlines are complete. He hopes that will be before Labor Day. He said the City.s actions are prudent and expeditious. Mayor Obie said some people are criticizing the delay. Later in the meeting, several councilors discussed Mayor Obie1s request several weeks ago for a staff recommendation about a financing mechanism for the airport that will not require a vote on taxes. H. Activities in City Parks e Mr. Rutan said he and Mr. Miller will discuss City-sponsored programs with Parks Department officials which may conflict programs available through the private sector. 1. Council Committee on Economic Diversification (CCED) Mr. Rutan said CCED is dOing well. He said the discussion of destination point activities will result in good recommendations. J. Community Schools Coordinating Committee After receiving a letter indicating a councilor will no longer be serving on the Community Schools Coordinating Committee, Ms. Ehrman sa i d the chairperson of the committee called and said she thought the council's actions indicated that the council might give community schools a lower priority in the future. Ms. Ehrman said she assured the person that the council intends to continue its present support for community schools. K. Future of Our Library Committee Ms. Ehrman said the Li brary Commi ttee has been receiving background information. On another issue, she said some libraries check out video tapes and she asked for information about that possibility from Eugene Librarian Jim Meeks. e MINUTES--Eugene City Council July 21, 1986 Page 3 L. Joint Social Services Committee Ms. Ehrman said the Joint Social Services Committee received a little more -_ money than anticipated. She discussed possible uses for it and said the commi ttee wi 11 contri bute $5,000 to a Human Needs Assessment bei ng conducted by Lane County. Mayor Obie suggested the committee consider contributing to the City's Emergency Fund because wrestling and boxing activities do not produce much money for the fund anymore. Ms. Schue said the Senior Nutrition Program also needs funds, and there are occasions when emergency funds are needed. Mr. Gleason said the staff will recommend the creation of an emergency fund and guidelines for its operation to the council in a month or so. Ms. Bascom said at the last meeting committee members discussed the interest which accrues on the committee's funds, and she told committee members that the City is receiving the interest. M. 1989 World Veterans Games Mayor Obie said Eugene probably will be the location of the 1989 World Veterans Games if they are held in the United States. He said the event wi 11 be a significant one for the City. He said Hayward Field at the University of Oregon must be reconstructed if the World Veterans Games are to be held here and he expects the council to be asked to participate. He .e said University officials may question the value of the games to the University but there is no question that the games are very important to the community. The councilors agreed that all track activities are very important to Eugene. Mr. Rutan said the council should provide leadership to the community and work with University officials to accomplish the reconstruction of Hayward Field. Mr, Miller agreed with him. Ms. Ehrman suggested that the council invite Barbara Daugherty and the other people who presented the City1s bid for the games to a council work session. Mayor Obie agreed with her suggestion and asked staff to explore setting a work session on these issues. He added that perhaps University officials should also meet with the councilors at that same time. N. Water Rescue Ms. Schue asked for information about the water rescue in Springfield recently. She wondered why the Lane County Sheriff's Water Rescue forces were not present. Mr. Gleason responded by discussing the mutual aid system of law enforcement and emergency services departments. He sa i d - MINUTES--Eugene City Council July 21, 1986 Page 4 water rescue training will be provided for Eugene officers but funds have not been provided for equipment. He said the Lane County Sheriff's Water - Rescue Unit is a volunteer group and cannot arrive quickly at emergencies. He said he will find out when they were called. Mr. Holmer questioned whether the City can provide trained personnel for any water emergency anywhere in the city. Mayor Obie asked for a staff report on the incident and directed staff to schedule consideration of funding water rescue equipment on the next council agenda. O. Permit and Information Center Mr. Miller said people in the building trades have told him it takes 30 to 60 days to get building permits. He said people do not want to complain to City employees for fear of retaliation, He wondered whether it is time to look again at how wer are doing. He suggested the council conduct a survey which does not involve local contractors. Ms. Ehrman wondered about the Chamber's feedback to the City. Mayor Obi e said he and Mr. Gleason are on the Board of Directors of the Eugene Area Chamber of Commerce. Mr. Gleason said City employees must be able to take constructive criticism and not react punitively to complaints. He said the Building Construction Advisory Committee will help monitor the permit processes. e During a discussion of policy and administration later in the meeting, the councilors discussed an independent audit of City permit processes. P. Eugene Celebration Ms. Ehrman said the organization of the Eugene Celebration is going well. She said Ms. Wooten may invite the councilors to participate in some events. She said a replica of the Vietnam Memorial will be in Skinner Butte Park during the Celebration. She also said the liability insurance for the Celebration would have been more than usual if the improvements to Broadway were being constructed during the Celebration. For that reason and several others, the construction has been delayed. Mr. Miller said he has been checking into the down-side risk for the City. He asked about the City's risk if it rains during the Eugene Celebration. Mr. Holmer suggested the Eugene Celebration coincide with the Bicentennial of the United States Constitution in 1987. Q. Process Used by the Historic Review Board (HRB) Answering a question from Ms. Ehrman, Mr. Gleason said a proposal for reviewing the process used by the HRB will be presented to the council soon. e MINUTES--Eugene City Council July 21, 1986 Page 5 ., Mr. Rutan discussed the reorganization of the HRB which occurred several years ago and said the HRB is more involved with policy issues than was e anticipated. Several councilors said the HRB in the past has become interested in projects too late in the process. Mayor Obie said the work of the HRB has been good because it has made the community aware of historic preservation. Mayor Obie recessed the meeting about 7:20 p.m. and reconvened it at 7:30 p.m. R. Policy and Administration Mr. Holmer said the councilors briefly discussed the difference between policy and administration and its role in them when they raised fees for planning services recently. He said a question was raised about the adequacy of the guidelines the council had given the staff. He said he thought the council should set fees for City services. However, he might approve delegating responsibility for setting fees to the staff if staff had been given adequate, specific direction by the council. For example, if the council had specified that fees should cover 100 percent of the cost of services. Mr. Holmer said the question of whether the council should hear appeals is related to delegating responsibility to the staff. He said a semi-annual report from the staff about decisions that have been made on appeals would e not provide sufficient information for the council because the council should be constantly aware of decisions that affect people's rights. He said the council probably would not overrule the staff very often. He suggested the council hear written appeals when three councilors agree they should be heard by the council. Ms. Ehrman said she has not heard complaints about people being denied their rights in Eugene. Mr. Rutan said the change that eliminated the council from the appeal process for land use decisions has had positive results and has decreased the time for processing applications and hearing appeals. Several councilors discussed an appeal the council heard recently to a decision of the Sign Code Board of Appeals concerning the Alder Street Market. Ms. Schue said the code was specific and it was clear the council had to deny the appeal but the case indicated that the City Code should be changed. She said hearing appeals may not be the only way the council can learn of flaws in the system. Ms. Bascom said hearing appeals illuminates policy issues for the councilors and helps new councilors learn the system. e MINUTES--Eugene City Council July 21, 1986 Page 6 .. Mr. Miller said the council needs some way to monitor the effect of ordinances. He suggested the council do it by reviewing appeal decisions e once or twice a year. He said the council could change the ordinance if the review indicated that the council's intent was not clear, and the council could permit a person to appeal again if the council changed an ordinance. Ms. Ehrman said the staff should notify the council of flaws in ordinances that appear during appeals. Discussing the Alder Street Market, Mr. Gleason said the issue really involved the Sign Code Bounda ry but it wa s less expensive for the applicant to appeal the denial of a variance than to apply for a boundary change. He discussed past practices and said the councilors directed the staff to eliminate the council from many appea 1 processes so that the council coul d concentrate on policy matters. He said there is much benefit in separating legislative and judicial decisions. It sa i d it is important to be consistent in reviewing policies, analyzing legislation, and allowing boards and commissions to be responsible for carrying out policies set by the council. Mr. Holmer discussed his suggestion for deciding if the council should hear appeals. He said reviewing the Alder Street Market appeal would have indicated a problem with the ordinance and the councilors probably would have decided not to hear the appeal. Mayor Obie said he is comfortable with the existing land use processes because the City I S land use policies are very good and the counci 1 e receives good feedback from the community on them. He is less comfortable with delegating responsibility for setting fees because the policies are less developed. He said that the council should not hear appeals when adequate policies have been developed. Commenting on Mr. Holmer's suggestion, he discussed past practices and said it was difficult for the council to decide whether or not to hear certain appeals. Ms. Ehrman suggested the council request a report every six months from the Hearings Officials about issues involved in appeals. Mayor Obie said some organizations hire people to shop or go through processes anonymous 1 y and report thei r experi ences to the governing board. He said it would be a way for the council to find out how systems are working. Mr. Gleason and several councilors liked Mayor Obie's suggestion. They said it would be similar to hiring auditors for the finance department. The councilors discussed several ways of monitoring processes. Ms. Bascom said dissatisfied constituents have been the council IS "shoppers." Mr. Miller said an audit could indicate whether the intent of an ordinance is being accomplished. Ms. Schue said unanimous "shopping" might work in some departments and not in others. She said the counci 1 se 1 dom changed e MINUTES--Eugene City Council Ju ly 21, 1986 Page 7 ,. ., policies as a result of hearing appeals, but problems were illustrated. She said one of those problems involved parking for downtown condominiums e and it hasn't been solved yet. Mr. Gleason said the council's discussion involved two issues. One issue involved the retrieval of legislative data and developing a system to keep the counci 1 informed. The other issue involved the delivery of City services and customer satisfaction. Ms. Bascom rei terated that new counci lors 1 ea rn about policies when hea r; ng appea 1 s. Several other councilors suggested that counc; 1 ors, especially new ones, attend appeal hearings of the Planning Commission and other bodi es. Summarizing, Mr. Rutan said the council should not abdicate responsibility unless it has given clear, specifi c directions and standards to the staff. He favored obtaining an independent audit of City services. He recommended the council continue to monitor the situation and not make any fundamental changes now. Mayor Obie said the council had directed the staff to present policies about City fees to the council. Mr. Gleason responded that the City has about 40 fee systems now. He suggested the staff present policies about controversial ones individually to the council and present policies for the others in groups in the next six or seven months. The councilors agreed with that procedure. Mr. Gleason said the councilors seemed to want information about appeals. e Responding to Mr. Gleason1s last suggestion, Mr. Holmer said he would like information about appeals every three months and he would like information from more than just the Planning Department. Mayor Obie said the councilors would like to know when controversial appeals are heard by the Hearings Official, boards, or commissions. S. West Eugene Parkway (6th/7th Extension) Mr. Rutan, Mr. Holmer, and Ms. Schue said the draft of a letter to the Department of Transportation from the City Manager about the West Eugene Parkway did not adequately reflect the council IS decision. Mr. Rutan, Mr. Holmer, and Ms. Bascom said they would like to review the letter before it is sent. The councilors discussed when a vote should be held on the West Eugene Parkway. They decided that September is too soon. Mr. Rutan said the November ballot will be very cluttered. He favored a vote in March 1987. He said the Eugene Area Chamber of Commerce also recommended a March vote. Ms. Bascom and Ms. Ehrman favored a vote in November. e MINUTES--Eugene City Council July 21, 1986 Page 8 . Mr. Miller wondered if the Parkway measure could be in the State Voterls Pamphlet if the vote is in November. Mr. Gleason said he will investigate the matter. e Mayor Obie pointed out it is possible the council will put a measure for financing the expansion of the airport terminal on the March ballot. The council will decide about a vote on the West Eugene Parkway on August 11. T. State Ballot Measures Mr. Gleason referred to a July 21 memo from Linda Lynch of the Intergovernmental Relations Division about "State Ballot Measures." He said there will be 16 State measures on the November ballot. U. Capital Improvement Program (CIP) Mr. Gleason discussed the CIP process and said the council recommended last year that it be modified. He suggested that the Planning Commission only review the CIP for consistency with the Metro Area General Plan. In that case, the commission would not hold a public hearing on the CIP. He suggested that the Budget Committee be the main hearing body for the CIP. In that case, the Budget Committee would make recommendations to the council. He said some councilors might want direct involvement with the CIP before it goes to the Budget Committee and that could be accomplished. He said the CIP will be shortened from a ten-year plan to a six-year plan. Mayor Obie wondered if the suggested process would provide the council with enough opportunity for impacting on the CIP. e Mr. Miller said he will be absent from the council on August 6 when CIP priorities for the next two or three years will be discussed. He will indicate his concerns in a memo. Action will be taken on August 13. V. Initiative Petition For Nuclear-Free Zone For Eugene Answering a question, Mr. Holmer said the council probably wi 11 take action on the petition on August 13, 1986, and the opportunity to discuss the issue will satisfy his concerns. Mr. Rutan said he will take part in the discussion. W. Alton Baker Park Mayor Obie said he is receiving many complaints about activities in Alton Baker Park. Mr. Gleason responded that the City did not have jurisdiction in Alton Baker Park and the Lane County j ail closure affects law enforcement. The councilors briefly discussed Federal and State jail facilities. Mayor Obie adjourned the meeting at 8:30 p.m. e MINUTES--Eugene City Council July 21, 1986 Page 9 . -f' ' ,RespectfullY. SUb~ .~ .~/ . . . --0 e' ~. .,~~~ Mi ch ~ G;~~a:~n ~. r City Manager (Recorded by Betty Lou Rarick) mncc0721 e e MINUTES--Eugene City Council July 21, 1986 Page 10