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HomeMy WebLinkAbout11/12/1986 Meeting (2) MINUTES 11 Eugene City Council Eugene City Hall--McNutt Room November 12, 1986 Noon COUNCILORS PRESENT: Richard Hansen, Debra Ehrman, Emily Schue, Cynthia Wooten, Freeman Holmer, Ruth Bascom, Roger Rutan, Jeff Mi 11 er The adjourned meeting of October 27, 1986, of the City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor Brian B. Obie. . 1. ITEMS FROM COUNCIL, MAYOR, AND CITY MANAGER A. Council Goal-Setting Session Mr. Rutan said the council's goal-setting session was productive. Later in the meeting, Mr. Miller said the goal-setting session went well but it seemed to be unfinished. He said the City does not have enough funds to complete projects identified previously as well as projects identified this year. He suggested the councilors have a "centering" session in which they discuss and agree on projects that should be priorities. He said he expects the budget process to be difficult unless the councilors can agree on the most e important things. He suggested the facilitator talk with councilors privately and then facilitate a session in which competing priorities are discussed and resolved. Ms. Schue suggested the councilors discuss financial priorities again. Mayor Obie said he also felt the goal-setting session was not finished. Discussing the roles of the Budget Committee and the City Council, Mr. Holmer said the council has the responsibility for setting policy but the council should recognize the contribution the Budget Committee can make to deliberations. B. Investments in the Community Mr. Rutan said the council recognized the significant investment EWEB is making in the community today at the council's work session and the council should also recognize the significant investment that the renovation of Valley River Center demonstrates. e MINUTES--Eugene City Council November 12, 1986 Page 1 C. League of Oregon Cities e Ms. Bascom said Mayor Obie and Ms. Schue made significant contributions during the recent League of Oregon Cities Convention. Ms. Schue said the meetings went well and people seemed to enjoy Eugene. D. Future of our Library Committee Ms. Ehrman said the Future of our Li bra ry Commi ttee will have a public information session on Saturday, November 15, 1986. II. SECOND READING: WILLAMETTE GREENWAY CODE REVISIONS Council Bill 2961 was read the second time by council bill number only. CB 2961--An ordinance concerning the Willamette Greenway; and amending Section 9.260 of the Eugene Code, 1971. Mr. Hansen moved, seconded by Ms. Ehrman, that the bill be approved and given final passage. Ms. Ehrman said she wi 11 support the motion but she does not think the revisions offer enough protection for the Willamette Greenway. She said she hopes the council will focus on protections for the Greenway in the future. Ms. Wooten said she will oppose the motion. She said she asked that e consideration of the Willamette Greenway be moved forward in the Planning Commission's and the council's work programs. The motion passed 7:1; with Councilors Hansen, Ehrman, Schue, Holmer, Bascom, Miller, and Rutan voting aye ana Councilor Wooten voting nay, the bill was declared passed (and became Ordinance 19422). III. ORDINANCE AMENDING DOWNTOWN COMMISSION MEMBERSHIP CRITERIA Mayor Obie said the Mayor, Council President, and the Council Vice president met as the Council Subcommittee on Committees with representatives of the Downtown Commission to discuss the downtown residency requi rement for Downtown Commissioners. Elaine Stewart of the Development Department distributed a map of the downtown. She said there are about 360 households in the Downtown Plan boundary and about 800 additional households within two-blocks of the Downtown Plan boundary. CB 2920--An ordinance concerning the Downtown Commission; and amending Section 2.157 of the Eugene Code. e MINUTES--Eugene City Council November 12, 1986 Page 2 ----- Mr. Hansen moved, sec~nded by Ms. Ehrman, that the bill be read the second time by council bill number only, with e unanimous consent of the council, and enactment be considered at this time. Answering questions from Ms. Wooten, Mayor Obie said the existing ordinance does not require a Downtown Commissioner to live within two blocks of the Downtown Plan boundary. The ordi nance encourages the appoi ntment of a commissioner who lives within the Downtown Plan boundary. He said there are very few applicants for positions on the Downtown Commission who live within the Downtown Plan boundary. Ms. Wooten suggested that the vacant positions on the Downtown Commission be re-advertised if the motion passes. Ms. Ehrman said the members of the Subcommittee on Committees expressed concern about participation of downtown residents in planning for the downtown. She added that the Downtown Commissioners know they should make special efforts to encourage the participation of downtown residents. The motion carried unanimously, 8:0. Council Bill 2920 was read the second time by council bill number only. Mr. Hansen moved, seconded by Ms. Ehrman, that the bill be approved and given final passage. All councilors present voting aye, the bill was declared passed (and became Ordinance No. 19423). e IV. BALLOT FOR INTERVIEWEES FOR DOWNTOWN COMMISSION AND PLANNING COMMISSION OPENINGS City Manager Micheal Gleason introduced the items. Cathy Freedman of the City Manager's Office discussed the change in residency requirements for downtown Commissioners that the council just approved. She also noted that Randy Thwing has notified the Planning Director that he will resign from the Planning Commission because he has been elected to the EWEB Boa rd 0 f Directors; consequently, there will be two vacant positions on the Planning Commission. Mr. Hansen suggested that the positions on the Planning Commission and Downtown Commission be advertised again. Ms. Schue said Mr. Thwing1s resignation will allow a lawyer to be appointed to the Planning Commission. A lawyer could not have been appointed before because only two Planning Commissioners can be engaged in the same occupation and Mr. Thwing and Gerry Gaydos are lawyers. e MINUTES--Eugene City Council November 12, 1986 Page 3 Mr. Hansen moved, seconded by Ms. Ehrman, to retain the present applications for the Downtown Commission and the - Planning Commission, to advertise again for the positions that will be vacant, and to ballot for the vacant positions before January 1, 1987. The motion carried unanimously, 8:0. V. WORK SESSION: BALLOT MEASURE 51--NUCLEAR FREE ZONE ORDINANCE City Manager Micheal Gleason said the councilors asked at their goal-setting session that a discussion of Ballot Measure 51 be placed on the agenda. Glen Potter of the Intergovernmental Relations Division gave the staff report. He said the councilors received information about the measure which was passed by the voters on November 4, 1986. He said the ordinance requires appointment of a 7-member Nuclear Free Zone Board; annual mailings to heads of state and elected officials, signs at the city limits indicating the city is a nuclear free zone, an annual observance on August 6, and biennial elections to the Nuclear Free Zone Board. Mr. Potter said the City Attorney indicated that the applicability of the ordinance to the Federal Government, City Charter, interstate commerce, and several other issues should be analyzed. Mr. Potter said the fiscal impact of the ordinance will depend on staffing and how the ordinance is enforced. The financial impact could be between $8,400 and $160,000. Mr. Potter suggested the council amend the ordinance to change the deadline for appointing Nuclear Free Zone Board members from 30 days to 120 days. e Answering questions from Mayor Obie, Mr. Potter said the Nuclear Free Zone Board will have to be appointed by December 4 if the council does not change the ordinance. Mr. Gleason added that citizen participation would have to be foreshortened and it would be difficult to advertise, interview, and appoint the board by December 4. He said the City attorneys need time to analyze the ordinance. Ms. Wooten suggested a council subcommittee be appointed to consider the City Attorney's analysis of the ordinance when the analysis is completed. Responding to her questions, City Attorney Tim Sercombe said the council would not have to hold a public hearing to amend the ordinance. Ms. Bascom suggested that advertising for applicants for the Nuclear Free Zone Board begin before the 120-day period ends. She wondered if Nuclear Free Zone Board members might help the council decide about changes to the ordinance. Mr. Hansen said the responsibilities of the Nuclear Free Zone Board should be definite before applicants are sought. Ms. Ehrman said a 30- to 60-day extension would be sufficient. She said she would like to begin advertising for board members soon and it might be helpful to have an applicant for the board on a subcommittee that would review the City Attorney's report. e MINUTES--Eugene City Council November 12, 1986 Page 4 Mr. Gleason said a 120-day delay would permit an analysis of the constitutional issues and the legal risks in the ordinance. e Answering questions from Mayor Obie, Mr. Sercombe said seeking applicants for the Nuclear Free Zone Board would not raise legal risks but enforcement of some parts of the ordinance would raise constitutional issues. He said the constitutional issues involve the effect of the ordinance on private business. Replying to questions from Ms. Wooten, Mr. Sercombe said the courts have declared restrictions on the transportation of nuclear wastes to be unconstitutional. Many other parts of the ordinance have not been tested in the courts. He said he is concerned about the policy-making and administrative authority of the Nuclear Free Zone Board. He said a board authorized by a Eugene ordinance would have to be a board of the City. Mr. Holmer said he would not want to delay implementation of the ordinance or disempower the Nuclear Free Zone Board. He said a 60-day delay would be suffi ci ent and it could begin, in his opinion, when the results of the November 4 election are proclaimed. Mayor Obie suggested a 75-day delay in appointing the board. Mr. Hansen said the ordinance raises many issues. He said applicants for the Nuclear Free Zone Board should know what thei r legal 1 iabil ities are. Replying to his questions, Mr. Sercombe said the City probably would have to amend its insurance policies to extend coverage to members of the Nuclear Free Zone Board. He said EWEB provides insurance for its board members. e Mr. Rutan said the legal issues are so broad that some people probably would not apply for positions on the Nuclear Free Zone Board if the legal issues are not resolved. He said a 120-day delay is prudent. Mayor Obie agreed with Mr. Rutan. Mr. Mi 11 er sa i d the council should indicate that it will implement the ordinance with dispatch. He said changes the council makes in the ordinance should be legal and substantive. He said citizens may have to vote on some of the changes and be informed about the costs of implementing the ordinance. Mr. Holmer said he is reluctant to make substantive changes in the ordinance unless those changes are approved by the voters. Ms. Schue said it would not be in the City's best interest to have issues raised by the ordinance settled in the courts. She said the council should remove the flaws from the ordinance and then implement it because the voters approved it. She suggested the council wait for a definitive legal analysis and then appoint a subcommittee to suggest changes. Ms. Wooten said the 120-day delay will provide time for a legal opinion and time to obtain participation from the supporters of the ordinance. She said she would like an opinion from the City Attorney about Sections 2 (b), 5, and 6. She said she would like a subcommittee to address limits to the authority of the Nuclear Free Zone Board. e MINUTES--Eugene City Council November 12, 1986 Page 5 Mayor Obie said a subcommittee prob~bly will not be appointed until January. e Mr. Hansen moved to accept the staff recommendation for a 120-day delay in appointing the Nuclear Free Zone Board and to direct the staff to obtain participation from supporters of the ordinance. The motion was not seconded and no vote was taken. Mayor Obie said most councilors seemed to favor some changes to the ordinance. He di rected the staff to prepare changes that conform to Mr. Hansen's position. Mayor Obie said the councilors can discuss specific time periods when they consider the changes. Mr. Hansen said the council should evaluate ballot measures that would have a big effect on the City before elections in the future. . Ms. Bascom said she would like a time line for the process of implementing the ordinance when the council considers the matter again. Mr. Holmer said a subcommittee that evaluates the ordinance or the proposed changes to it should include people with various points of view. Mayor Obie recessed the meeting at 12:45 p.m. and reconvened it at 12:50 p.m. VI. WORK SESSION: EXPANSION OF MAHLON SWEET AIRPORT City Manager Micheal Gleason said several councilors suggested the council e review the scope of the project, design changes, and estimated costs of the proposed expansion of Mahlon Sweet Airport. Therefore, the agenda of this meeting was changed. Public Works Director Christine Andersen distributed a packet of information about the expansion. She reviewed the estimated cost of $17.7 million for the project and several ancillary expenses. She said the City's share will be about $5.7 million. Ms. Andersen said funding from diverse sources has been sought and found. For example, funds from the Federal Aviation Authority (FAA), State lottery funds, and the Lane County Road Fund will be used for the expansion. In addition, the airlines that serve Eugene support the expansion. She said the City's share is about one-third of the estimated cost of the project. She revi ewed the contingency funds. Ms. Andersen said the cost of the air-side and land-side improvements has increased from $2.8 million to $5.5 million in the last year. The shift is because the original project emphasized improvements to the terminal. It did not include such things as increased parking areas and road improvements. However, efforts to diversify the funding and consideration of long-term effects on the road system resulted in funds that were dedicated to air-side and land-side improvements. Consequently, those parts of the project were increased. She discussed Douglas Drive. e MINUTES--Eugene City Council November 12, 1986 Page 6 Bob Shelby, Mahlon Sweet Aviation Director, said the passenger volumes at the airport this year have exceeded the projections. He revi ewed the cost e reductions in the terminal building that the Airport Commission presented to the council in January, 1986, and that were approved by the Airline Technical Committee. He also reviewed bid alternates and things that will be financed by private contributions. Answering questions from the councilors, Mr. Shelby said the bid alternates will be constructed if the bids are lower than anticipated. Ms. Andersen said the contingency funds could be used for bid alternates if the contingency funds are not needed for contingencies. Mr. Shelby said the walkway in the parking lot will be covered, the additional FAA funds cannot be used for the terminal, and the ticket lobby was reduced 30 feet at the request of the airlines and 30 feet because Frontier Airlines went out of business. Answering other questions, Mr. Shelby sa i d the counc il could decide to construct 30 feet of lobby space for another airline that might come to Eugene. Thirty feet of lobby space would cost the City about $300,000 to construct. However, Mr. Shelby said the terminal is designed so the ticket lobby can be expanded at one end and the baggage faCility can be expanded at the other end. Some of the changes suggested by the Airport Commission will increase maintenance. For example, the stucco will have to be painted about every eight years. Responding to other questions, Mr. Shelby said the windows were reduced on the north side of the terminal, instead of the south side, to keep air conditioning costs down. e Mr. Shelby said some consideration has been given to asking the council to defer the required art works. Mr. Holmer said he is dismayed at the things that have been eliminated. He said the council should think carefully about the changes suggested by the Airport Commission. Ms. Ehrman said the council definitely told the staff to maintain the $17.7 total cost of the project. She said the deletions are not devastating. She said she is comfortable with the project as proposed now. Ms. Schue agreed with Ms. Ehrman. Ms. Schue said she is pleased with the air- side and land-side improvements because the community will get a better project than originally planned for about the same cost. Mr. Miller said he did not understand previously that the State and additional Federal funds cannot be used on the terminal. Mayor Obi e sa i d several peop 1 e expected the State and Federal funds to decrease the City's share of the terminal expansion. Instead, the State and Federal funds seem to have expanded the air-side and land-side improvements. He said the communications do not seem to have been clear. He said the deletions are reasonable although they are disappointing. He said he will be sorry if the porte cochere has to be eliminated. He is also concerned about the reduction in the size of the ticket lobby. e MINUTES--Eugene City Council November 12, 1986 Page 7 Ms. Wooten said the reduction in toe size of the ticket lobby seems short- sighted. She said the council should consider the matter carefully before e reducing the requirement for art works. Answering questions from Ms. Wooten, Mr. Rutan said the Airport Subcommittee will recommend a funding source for the City's share as soon as possible. Ms. Schue said she would like to know the optional funding sources considered by the Airport Subcommittee when it reports to the council. Mayor Obie adjourned the meeting at 1:40 p.m. R~:~ ..~ '- . Micheal Gleason City Manager (Recorded by Betty Lou Rarick) mncc1112 e e MINUTES--Eugene City Council November 12, 1986 Page 8