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HomeMy WebLinkAbout08/11/1986 Meeting (2) , M I NUT E S . Eugene City Council City Council Chamber August 11, 1986 7:30 p.m. COUNCILORS PRESENT: Richard Hansen, Debra Ehrman, Emily Schue, Cynthia Wooten (7:30-8:55 p.m.), Ruth Bascom, Freeman Holmer, Roger Rutan, Jeff Miller. The regular meeting of the City Council of the City of Eugene, Oregon, was called to order by Council President Richard Hansen in the absence of His Honor Mayor Brian B. Obie. 1. PUBLIC FORUM Mr. Hansen said the Public Forum is an opportunity for people to express opinions and provide information to the council about issues which are not scheduled for council consideration. He said the council will not respond immediately to the concerns. Louis Bonson, PO Box 944, read his July 11, 1986, letter to the council. He said a recent Federal report calls for a sweeping Federal, State, and local crackdown on pornography. He said the Eugene Public Library staff . has not used good judgment because the 1 ibrary has books such as liThe Gay Reportll by Karla Jay and Allan Young. He discussed the book. Mr. Bonson said the council should establish criteria for approvi ng reading material for the library because the existing IImaterial selection policyll is not adequate. He urged the City to establish strict criteria and to review both existing and new library books. Ms. Wooten introduced Arthur Spencer, a city councilor from Manchester, England. Mr. Spencer said Manchester declared itself a nuclear-free zone in 1980 and called for other municipalities in the United Kingdom and elsewhere to do likewise. He said there are now 1700 nuclear-free zones in the world. Seventy of them are in the United States. Mr. Spencer said the City of Manchester passed a resolution on June 25, 1986, supporting Measure 16 which will be on the November 4, 1986, ballot in Oregon. He said similar measures will be on the ballot for Lane County and Eugene. He presented the Coat of Arms of Manchester, England, to Mr. Hansen as a gesture of goodwill and friendship to Eugene from the City and the people of Manchester. Mr. Hansen thanked Mr. Spencer for the Coat of Arms. . , MINUTES--Eugene City Council August 11, 1986 Page 1 . II. PUBLIC HEARINGS . A. Urban Services Financing Agreement (memo, background information distributed) Assistant City Manager Dave Whitlow said the agreement before the council authorizes the City Manager to negotiate and sign an agreement with Lane County and to establish the machinery for transferring specific urban services from Lane County to Eugene. He said the councilors had two work sessions on the agreement in June and July. He said the City Manager's August 11, 1986, memo titled "Urban Services Financing Agreement" that is attached to the agenda provides the additional information the councilors requested at the work sessions concerning the cost of maintaining Alton Baker Park, the permanent transfer of local and collector streets, the Regional Information System (RI S) discount, and the processing of building and land use applications. He said City officials have been cautious and prudent in estimating the workloads and costs of transferring and providing the services. The estimates indicate there will be no net cost to the City's General Fund. Mr. Whitlow said the agreement before the council does not transfer the ownership of any roads to the City. The agreement only transfers the improvement, maintenance, and repair of certain roads. Consequently, the improvement, maintenance, and repair of those roads could be returned to Lane County if the agreement is terminated. He said the Urban Services Policy Committee (USPC) and the council will address the transfer of roads ownership later. . Mr. Whitlow said the financing agreement is a first step in the transfer of urban services and will result in a more rational service system than exists now for the delivery of urban services. Mr. Holmer said he approved of the agreements presented to the council about the RIS system and the transfer of road maintenance. Answering his question, City Attorney Tim Sercombe said agreements concern i ng the maintenance of Alton Baker Park and the processing of building and land use applications will be prepared. Answering a question from Ms. Bascom, Mr. Whitlow said the agreement will clearly state that the City will maintain only the developed part of Alton Baker Park. Mr. Hansen opened the public hearing. There being no requests to testify, Mr. Hansen closed the public hearing. Mr. Rutan said he is a member of the USPC. He said the staff responded appropriately to the concerns expressed by the councilors at their work session. He said he is satisfied with the agreement. Mr. Hansen said $100,000 is not enough to maintain Alton Baker Park. He said he opposes the type of financing in the agreement. . MINUTES--Eugene City Council August 11, 1986 Page 2 Responding to Mr. Hansen, Ms. Schue said Lane County is not maintaining Alton Baker Park now. She sa i d Lane County wi 11 provide funds for the . City to maintain the park if the financing agreement is approved and that is the only known way to provide maintenance for the park. She said approval of the agreement will result in the section of the park which is an integral part of Eugene being maintained. She said approval of the agreeement will be a good thing for the people of Eugene who use the park. Mr. Whitlow said the staff indicated that $100,000 is sufficient to maintain Alton Baker Park but the financing agreement includes a balance of $175,000 that can be used if the Budget Committee wants to increase the allocation for the park. Ms. Ehrman moved, seconded by Ms. Schue, that the City Council authorize the City Manager to enter into an Urban Services Financing Agreement with Lane County. Ms. Wooten said she will support the motion with reservations. She is satisfied with some of the changes. She said she is worried because the agreement is only for a short term and is not specific about the future. She said changes to the procedures established by the agreement will be di ffi cult when financial condi t ions change or after annexations or changes in the urban growth boundary. She requested a report in nine months about the future and the implementation of the agreement. She said the report should include a fiscal forecast. Mr. Holmer agreed with Ms. Wooten1s comments. He said he is concerned . about the fluctuations in Lane County resources. He asked the staff to present the impacts of the budget recommended by the Lane County Budget Committee to the council as soon as the budget is available. Ms. Ehrman said the statement in the agreement that the delivery system should be more understandable to the citizens of the community should be a City goal and the City should monitor the procedures to make sure the goal is met. Roll call vote; the motion carried 7:1 with Councilors Ehrman, Schue, Wooten, Holmer, Bascom, Rutan, and Miller voting aye and Councilor Hansen voting nay. B. Alton Baker Park Master Plan (memo, ordinance, background information distributed) Assistant City Manager Dave Whitlow introduced the item. Planning Director Susan Brody gave the staff report. She said the Alton Baker Park Advisory Committee was established by the Lane County Commissioners. Councilor Bascom is on the committee. She said the committee prepared the Alton Baker Park Master Plan which is a refinement of the Metro Area General Plan. . MINUTES--Eugene City Council August 11, 1986 Page 3 Ms. Brody said the Eugene Joint Parks Committee reviewed the Alton Baker Park Master Plan and concluded it is consistent with the Metro Plan. . Referring to an August 4, 1986, memo titled IIAlton Baker Park Master Planll attached to the agenda, she said the Joint Parks Committee indicated that the criteria for a golf course or other development in Sub-Zone lC are safeguards for Eugene. The committee also indicated that the record should specify that Eugene will not be obligated to install, operate, or maintain a golf course if one is approved for Sub-Zone lC by Lane County, that the care and maintenance of the park should conform to City standards if the City accepts responsibility for maintaining the park, and that the Alton Baker Park Master Plan should be referenced in the Eugene Parks Master Pl an. Answering questions from Mr. Holmer, Ms. Brody said the Eugene Planning Commissioners decided not to consider the Alton Baker Park Master Plan because two Planning Commissioners are on the Joint Parks Committee. She said the decision was unusual. It shortened the review process. She said there are no Planning Commissioners on the Downtown Commission, so the Planning Commission will probably review all plans for the downtown. Replying to another question from Mr. Holmer, Ms. Brody said the four amendments to the draft of the Alton Baker Park Master Plan recommended by the Lane County Planning Commission were approved by the Lane County Board of Commissioners. The amendments are in Appendix A (Exhibit B) of Lane County Ordinance No. PA 914 and are referenced in the proposed Eugene ordinance. . Responding to a question from Mr. Hansen, Ms. Brody said a golf course in Alton Baker Park would not have to meet Eugene standards. Only the maintenance of the park which Eugene accepts must meet City standards. Mr. Hansen opened the public hearing. Hale Thompson, 777 High, said the need for another golf course in the community was recognized 15 years ago. He discussed the efforts to get a golf course in Alton Baker Park approved then and said the land remained dry, unattractive, and unused. He said a committee was appointed recently and it presented the idea again and the Alton Baker Park Advi sory Committee approved it this time. He emphasized that construction of the golf course is appropriate now. Mr. Thompson said the use of go 1 f courses is increasing and local facilities are not adequate. He said committee members will not benefit personally because they are members of the Eugene County Club. He said the community will benefit from another golf course and the National Golf Foundation indicates that Alton Baker Park is a good site for a golf course. He said a golf course in Alton Baker Park would make one of the entrances to Eugene beautiful. He said many engineers would like to construct the course at no cost to the City and the operation of the course would probably produce a profit for Lane County. He urged the councilors to encourage the construction of a golf course in the park. . MINUTES--Eugene City Council August 11, 1986 Page 4 Jerry Rust is a Lane County Commissioner. He distributed two aerial photographs of Alton Baker Park to the councilors. He said a golf course . should be constructed in the park because the course wi 11 generate revenue, it wi 11 increase economic development, it wi 11 serve the 14 percent of the Eugene population who say golf is their preferred outdoor leisure activity, and it will beautify the entrances to Eugene and Springfield. He said the taxpayers will not have to pay for the go 1 f course. Mr. Rust said the City of Portland operates five golf courses and the annual revenue from each course is $40,000 to $70,000. Dri vi ng ranges provide additional revenue. He said some Japanese business people stated that they located their firm in Portland because of the many golf courses there. He said many senior citizens go to a city to play all the golf courses and golf courses are helpful in attracting conventions. He said the community should make the east end of Alton Baker Park more attractive for Spri ngfi e 1 d. Mr. Rust said at least 150 acres are available for a golf course in Alton Baker Park and probably another 20 acres could be acquired for it. That is enough for a regulation S,OOO-yard golf course. He said all the Portland courses are just over 5,000 yards and the public seems to like S,OOO-yard courses. He stressed that the design of a golf course in Alton Baker Park must retain the jogging paths, Pre's Trai 1, the bike path, and the canoe canal. Mr. Rust submitted copies to the council of a July 7, 1986, letter to him . from John Zoller, Director of Golf for Portland, and a July 25, 1986, letter to the Lane County Board of Commissioners from Jean Elliott, of Moore Golf, Inc. William Bruce Chase, 3 Chevy Chase Lane, said some championship golf courses are only 6,200 or 6,400 yards. He emphasized that there is adequate room in Alton Baker Park for a golf course and it would be a magnificent entry to Eugene. Dean Bliss, S62 East 39th Place, is the General Manager of the Eugene Hilton Hotel. He said meetings and conventions are the best opportunity local lodging facilities have for increasing short-term occupancy. He said the lodging facilities, the Hu1t Center, and the Eugene Conference Center are excellent for moderate-sized conventions but competing cities also have excellent facilities. He said a first-rate golf course near the downtown would increase Eugene's attractiveness for conventions. He said people stay in towns longer and spend more money when a golf tournament is part of a convention. Wendell E. Wood, 2455 Lariat Meadows, said he did not need to testify. Wendell Wood, 1161 Lincoln, represented the Oregon Natural Resources Council. He said the council advocates the maintenance and enhancement of Oregon's natural environment while providing for economic growth and a wide variety of recreational opportunities. He said a golf course in . MINUTES--Eugene City Council August 11, 1986 Page 5 Alton Baker Park could be compatible with other park activities and the area1s natural resources and would make a positive recreational and . economic contribution to the community. Mike Farthing, 975 Oak, represented the Eugene Area Chamber of Commerce. He said the Chamber of Commerce supports the construction of a golf course in Alton Baker Park if public funds are not spent and if present activities are not disrupted. He said he, personally, also supports the golf course. He said a coalition of diverse people support the golf course which wi 11 benefit the Eugene downtown, Lane County, and Springfield. Gary DuTell, 3570 Spring Boulevard, manages the Laurelwood Golf Course for the City. He said laurelwood is like Cinderella before she received the glass slipper. He said additional golf facilities would be good for Eugene I s economi c deve 1 opment. He said he proposed the expansion of Laurelwood Golf Course to 18 holes in 1981 and the proposal has still not been approved although it would be good for Eugene1s economic development. He said a golf course must have 18 holes to be economically profitable. Mr. DuTell said he supports a golf course in Alton Baker Park. He said there are 12,000 golfers in Eugene who must go out of town to play on a public 18-hole course. He said 300 people can play on an 18-hole golf course daily. He said about 90 percent of the golfers have handicaps of 10 or more and they just want to have a good time on a golf course. They do not want a long, championship golf course. . Mr. DuTell said Laurelwood Golf Course was losing $70,000 a year when he took it over in 1979. Now, Laurelwood Golf Course pays the City $10,000 to $12,000 a year which has resulted in savings to the City of over $400,000 in six years. He said it is the only City park that makes a profit or pays for itself. He does not understand why the City is afraid of having to take over a golf course in Alton Baker Park. He said the City needs a public 18-hole golf course. Referring to the $100,000 in the Urban Services Financing Agreement for the maintenance of Alton Baker Park, he said additional public funds may be needed for Alton Baker Park if a golf course is not approved. He said a golf course in Alton Baker Park it would be an excellent "welcome sign" for Eugene and Springfield. There being no further requests to testify, Mr. Hansen closed the public hearing. Ms. Schue emphasized that the council is considering the Alton Baker Park Master Plan and a golf course is not included in the plan. She said the Urban Services Agreement i ndi cates that the Ci ty wi 11 take over the maintenance of part of Alton Baker Park. She stressed that the City is not taking over the ownership of the park. She said the Alton Baker Park Master Plan indicates that the City is willing to have a golf course in the opportunity area in the park but the Eugene Parks Department will not participate in it. She encouraged the people supporting a golf course in the park to communicate with the Lane County Commissioners. She recommended approval of the master plan. . MINUTES--Eugene City Council August 11, 1986 Page 6 -- Ms. Bascom agreed with Ms. Schue. Ms. Bascom said most of the existing land uses in Alton Baker Park were planned in 1974. The only question has . involved the opportunity area and the master plan indicates a golf course is one of the things that could be approved for it. She said the Cuthbert Amphitheater, the Ken Nielsen Garden, and a $1 million waterway have been constructed in the park but the park's potential has not been reached. She said Alton Baker Park will be very important when the Riverfront Research Park is developed. Mr. Miller said the City is not opposed to approval of a golf course in Alton Baker Park by the Lane County Commissioners. Ms. Ehrman hoped a golf course will not interfere with the jogging paths in the park. Referring to page 7 of the Alton Baker Park Master Plan, Mr. Holmer wondered why the Chamber of Commerce would endorse a master plan that includes an Agricultural Historic Area for Alton Baker Park. He said the park does not have an appropriate site for an Agricultural Historic Area and he does not think the preservation of the Thramer House is necessary. He said the master plan contains commitments and suggested uses that are the seeds of budget unbalances. He said the staff sometimes presents projects to the council as implementations of adopted plans and the Alton Baker Park Master Pl an contains projects that could cost the City additional money. He said he will find it difficult to support the plan unless he hears profound arguments in favor of it. He said he supports a golf course in the park if it can be self-supporting. . Mr. Hansen said the City should encourage the Lane County Commissioners to approve a golf course in the park because the community lacks golfing facilities. He appreciated Mr. DuTell's testimony. CB 2896--An ordinance approving and adopting the Alton Baker Park Master Plan as a refinement of the Eugene-Springfield Metropolitan Area General Plan. Ms. Ehrman moved, seconded by Ms. Schue, 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, 8:0. Council Bill 2896 was read the second time by council bill number only. Ms. Ehrman moved, seconded by Ms. Schue, that the bill be approved and given final passage. Ro 11 ca 11 vote; the motion carried 7:1; with Councilors Hansen, Ehrman, Schue, Wooten, Bascom, Rutan, and Miller voting aye and Councilor Holmer voting nay, the bill was declared passed (and became Ordinance 19395). . MINUTES--Eugene City Council August 11, 1986 Page 7 III. WEST EUGENE PARKWAY (memo, ordinance, background information distributed) . Assistant City Manager Dave Whitlow introduced the item. Dave Reinhard of the Public Works Department gave the staff report. He said the council held a public hearing on the eastern part of the proposed route of the West Eugene Parkway on July IS, 1986, and on July 16 the counci 1 recommended Alternate lA at-grade from Seneca Road to Garfield Street. He said the recommendation and a letter from Mayor Obie indicating concerns the council would like considered when the project is designed were sent to the Highway Division of the Oregon Department of Transportation (ODOT). He said councilors had received a copy of the Mayor's letter and the reply from ODOT, in which ODOT staff indicated their concurrence with Alternate I-A at-grade, east of Seneca. Mr. Reinhard said ODOT also agreed with modifications requested by the council in December 1985 when the council approved Alternate 1 as the a 1 i gnment west of Seneca Road. He said the modifications shift the alignment north at Beltline Road to permit an interchange, and shift it north at Terry Street from where the alignment follows the railroad tracks to Greenhi 11 Road. He said modifications respond to concerns of the council about dividing large industrial sites. Answering questions from Ms. Ehrman, Mr. Reinhard said the Tyinn and Wilson street connectors will not be arterial streets. He said the location of the connectors may be shifted in the design of the project, and therefore, these access points were not shown on the map. He said the . speed limit west of Beltline Road will probably be 55 miles a hour. The speed limit east of Beltline Road will probably be 40 or 45 miles an hour. CB 2897--An ordinance concerning the construction and route of the West Eugene Parkway; authorizing execution of agreements therefor, and declaring an emergency. Ms. Ehrman moved, seconded by Ms. Schue, 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. Answering a question from Ms. Wooten, Mr. Reinhard said Alternative 1 will be north of the Bertelsen Slough and will not have an adverse effect on the slough. The parkway will be some distance from the slough and will be designed with berms and landscaped buffers between it and the slough. Mr. Miller said he appreciated the process which provided an alternative a 1 i gnment whi ch met the council's concerns. He appreciated the cooperation of the State and City staffs. Roll call vote; the motion carried unanimously, 8:0. . MINUTES--Eugene City Council August 11, 1986 Page 8 Council Bill 2897 was read the second time by council bill number only. . Ms. Ehrman moved, seconded by Ms. Schue, that the bill be approved and given final passage. Ro 11 ca 11 vote; all councilors present voting aye, the bill was declared passed (and became Ordinance 19396). Res. No. 3995--A resolution referring Ordinance No. 19396 concerning the construction and route of the West Eugene Parkway to the electors of the City of Eugene. Ms. Ehrman moved, seconded by Ms. Schue, to adopt the resolution. Roll call vote; the motion carried unanimously, 8:0. Rep lyi ng to a question from Ms. Ehrman, Mr. Reinhard said a map and description of the proj ect wi 11 be published in a newspaper four consecut i ve weeks pri or to the vote. In addition, a slide show and informational material about the project will be prepared for public use. IV.. FINDINGS/MINUTES OF HEARINGS OFFICIAL CONCERNING PAVING AND STORM SEWERS ON COUNTRY CLUB ROAD FROM WILLAGILLESPIE ROAD TO SAND AVENUE (memo, findings, minutes distributed) Assistant City Manager Dave Whitlow said a public hearing was held about . the construction of storm sewers and paving on Country Club Road. No one objected to the project. Ms. Ehrman moved, seconded by Ms. Schue, to approve the findings and minutes of the Hearings Official of July 21, 1986, concerning paving and storm sewers on Country Club Road from Willagillespie Road to Sand Avenue and to authorize award of the contract. Ro 11 ca 11 vote; the motion carried unanimously, 8:0. V. . RECONSIDERATION OF ORDINANCE NO. 19386 CONCERNING LAND USE FEES (memo distributed) Assistant City Manager Dave Whitlow said the first reading of Ordinance No. 19386 was passed on June 9, 1986. On June 11, 1986, the council tabled the matter to today's meeting. He recommended the council defeat Ordinance No. 19386 in light of the council's request on July 21 for the staff to present a policy framework for establishing certain fees. Ms. Ehrman moved, seconded by Ms. Schue, that the bill be approved and given final passage. Ro 11 ca 11 vote; the motion failed 0:8; with all councilors present voting nay, Ordinance 19386 was defeated. . MINUTES--Eugene City Council August 11, 1986 Page 9 VI. STATUS OF NEGOTIATIONS WITH PACIFIC NORTHWEST BELL TELEPHONE COMPANY (memo distributed) . Assistant City Manager Dave Whitlow introduced the item. Susan Smernoff of the Finance Division gave the staff report. She said City and Pacific Northwest Bell (PNB) representatives have continued to negotiate but they have not resolved issues concerning payment by PNB of City permit fees, indemnification, which services will be considered competitive, and the percentage of the franchise fee. She said City and PNB representatives discussed a maintenance and use charge for the public right-of-way instead of a percentage of PNB1s gross revenue but the City staff would need about a year to calculate a maintenance and use charge. Ms. Smernoff said the franchise agreement with PNB ends today. Because of that and because progress toward a new franchise agreement has not been measurable recently, she suggested the council consider charging PNB a privilege fee for the use of the public way. She said State law limits a privilege fee to five percent. Answering questions from Mr. Miller, Ms. Smernoff said Portland charges PNB a privilege fee of five percent. She said Washington State law allows local jurisdictions to charge PNB six percent of gross revenues. She said PNB representatives have indicated that they think a six-percent charge would make the company a tax collector for the City because State law mandates that any charge to PNB of more than three percent must appear on PNB bills as a tax. However, PNB does pay more than three percent of gross revenues to many jurisdictions. . Mr. Holmer said he receives interest from a PNB fixed-interest rate bond. He said he does not think the bond would influence his judgement about City charges to PNB, but he asked for an opinion from the City Attorney and for advi ce from other councilors. City Attorney Tim Sercombe responded that the ownership of a fixed-interest rate bond would not create a conflict of interest for Mr. Holmer when the council considers an ordinance that would tax PNB. He said Mr. Holmer would not be using his official position for personal gain because the return on the bond will not be affected by PNB negotiations with the City. Replying to questions about a definition of PNB gross receipts from Mr. Hansen, Ms. Smernoff said the question of which services should be considered competitive services is being considered by the staff. She said the State law that indicates which revenues can be subtracted from PNB gross revenues is not clear. The City must interpret the State law. Mr. Whitlow said the City will continue to press for a franchise agreement and will present the matter to the council again in September. Answering a question from Mr. Hansen, City Attorney John Arnold said it is not clear whether home-rule cities such as Eugene are subject to the State law limitation of five percent for privilege fees. . MINUTES--Eugene City Council August 11, 1986 Page 10 Mr. Hansen asked the staff to provide information to the council before it considers the matter again about the effects of a five-percent privilege /. fee, the definition of gross receipts, and all the options available to the council if a franchise agreement is not reached. Answering questions from Ms. Ehrman, Ms. Smernoff said only two percent would appear on consumers. bills as a tax if a five-percent privilege fee is approved. The first three percent of the fee would not appear on the bills. The City does not know what wording PNB would use on the bills. Mr. Miller said the council should clarify that it seeks a reasonable reimbusement of the expense for allowing PNB to do business in the public right-of-way and that the City seeks fees that are consistent with those of other municipalities. He said the City bargains in good faith and he hopes PNB will do likewise. Mr. Hansen adjourned the meeting at 9 p.m. to August 13, 1986. ~~ - (~ Micheal Gleason City Manager (Recorded by Betty Lou Rarick) ~ mncc0811 .. MINUTES--Eugene City Council August 11, 1986 Page 11 ~