Loading...
HomeMy WebLinkAbout11/17/1986 Meeting (2) M I NUT E S e Eugene City Council City Council Chamber November 17, 1986 7:30 p.m. COUNCILORS PRESENT: Richard Hansen, Debra Ehrman, Emily Schue, Freeman Holmer, Ruth Bascom, Roger Rutan, Jeff Miller. COUNCILORS ABSENT: Cynthia Wooten. The adjourned meeting of November 12, 1986, of the Eugene City Council of Eugene, Oregon, was called to order by His Honor Mayor Brian B. Obie. I. PRESENTATION BY GIRL SCOUTS Melissa Powell and Donnielle James presented a 1987 Girl Scout calendar to Mayor Obi e. II. PRESENTATION OF FIRE MED AWARD e City Manager Micheal Gleason introduced Captain Tim Birr, Public Information Officer in the Eugene Police, Fire and Emergency Services Department. Mr. Birr said the Fire Med Ambulance subscription campaign resulted in 6,953 memberships which is 12,572 individual members. He said the campaign was more successful than initially expected. He said there are plans to expand the service into the county with the help of local legislators and the League of Oregon Cities. On behalf of the membership implementation Task Team, Mr. Birr presented plaques to Mayor Obie and City Manager Gleason to acknowledge their help in initiating the program. III. PUBLIC FORUM A. Great American Smoke Out Mayor Obie announced that the Public Forum was initiated by the council to give citizens an opportunity to express opinions and provide information about issues which are not scheduled for council consideration tonight or in the future. e MINUTES--Eugene City Council November 17, 1986 Page 1 Randy Hill, 1520 Skyline Park Loop, represented the American Cancer Society. He said the 10th anniversary of The Great American Smoke Out is being e celebrated by the American Cancer Society and Sacred Heart General Hospital. He said Mayor Obie joined the Smoke Out a year ago under the sponsorship of former Eugene Mayor Gus Keller. Mr. Hill presented lapel buttons, at-shirt, and balloons to Mayor Obie, who acknowledged that he has not smoked since he joined the Smoke Out a year ago. B. City Permit Processing Jim Saul, 111 West 7th Avenue, said his recent experience with the City.s permit processes has been excellent. He has worked with Willamette Oaks Associ ates in deve 1 opi ng a retirement center on Goodpasture Island. The process of obtaining City permits began with a pre-application conference in February 1986. By June 1986, the Planned Unit Development and major partition processes were completed and building permits were issued. He said the formal opening of the first units will be on December 5, 1986. Mr. Saul introduced Bill Reeve of Bellevue, Washington. Mr. Reeve is the managing partner of Willamette Oaks Associates. Mr. Saul said he and Mr. Reeve appreciate the cooperation of the City staff members involved in permit processing. Mayor Obie said two contractors recently told him of the excellent cooperation they have had from Eugene Building Official Larry Reed and the City staff. IV. PUBLIC HEARING: REQUEST FOR VACATION OF A PORTION OF SPRING e BOULEVARD (SV 86-3) City Manager Micheal Gleason introduced consideration of the bill. Mayor Obie opened the public hearing. There being no requests to testify, Mayor Obie closed the public hearing. CB 2921--An Ordinance authorizing vacation of a portion of Spring Boulevard, located between South Ridge Way and Johnson Avenue. Mr. Hansen moved, seconded by Ms. Ehrman, 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 questions from Ms. Ehrman, Bill French of the Planning Department said no payment for the land to be vacated was requested. There are no assessments or liens against the property. He said the City raised the fee for vacations last July. Mr. Gleason said the 6,662 square feet to be vacated will go on the tax roles. e MINUTES--Eugene City Council November 17, 1986 Page 2 Roll call vote. The motion carried unanimously, 7:0. e Council Bill 2921 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. Roll call vote; all councilors present voting aye, the bill was declared passed (and became Ordinance No. 19424). V. SECOND READING: PACIFIC NORTHWEST BELL FRANCHISE AGREEMENT City Manager Micheal Gleason said the council had a first reading on Council Bill 2980 on October 13, 1986. CB 2890--An ordinance granting to Pacific Northwest Bell Telephone Company the non-exclusive privilege to use the public way to construct and maintain public communication facilities within the city of Eugene and declaring an emergency. Council Bill 2980 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. Ro 11 ca 11 vote; all councilors present voting aye, the bill was declared passed (and became Ordinance No. 19425). e VI. ORDINANCE AMENDING THE NUCLEAR-FREE ZONE ACT City Manager Micheal Gleason said the council requested preparation of an amendment to the Nuclear-Free Zone Act on November 12, 1986. The amendment would extend the time period for appointing a Nuclear-Free Zone Board from 30 days to 120 days. CB 2922--An ordinance amending the Nuclear-Free Eugene Act; and declaring an emergency. Mr. Hansen moved, seconded by Ms. Ehrman, 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. Mayor Obie verified that approval of the amendment would extend the period for appointing the Nuclear-Free Zone Board to 120 days. Mr. Holmer said State law specifies that elections are held the first Tuesday after the first Monday in November but the Nuclear-Free Zone Act indicates that an election will be held the first Tuesday of November. He questioned the advisability of adopting the ordinance with that date in it. Mr. Gleason e MINUTES--Eugene City Council November 17, 1986 Page 3 responded that the council indicated on November 12 that a subcommittee will consider other changes to the act after an opinion from the City Attorney has e been received. Mayor Obie said the proposed change is to allow time to consider all aspects of appointments to the Nuclear-Free Zone Board. Ms. Ehrman said she will oppose the second reading of the bill because 120 days is too long to extend the time period for appointing the Nuclear-Free Zone Board. She said advertising for board members could be done sooner and a subcommittee of the board could work with councilors in eliminating flaws in the act. Answering a question from Ms. Bascom, Mr. Gleason said the City Attorney has contacted some people who supported the enactment of the ordinance and will work wi th them Mr. Miller said the purpose of the amendment is to define what Nuclear-Free Zone Board members can legally do before advertising for members. He said 120 days would be the maximum time period for appointing the board. I t may be done sooner. Roll call vote; the motion carried unanimously, 7:0. Council Bill 2922 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. e Mr. Holmer said he will oppose the bi 11 because a 120-day period is not essential. He said the legislation should not have been adopted, in his opinion, but he will not impede its implementation. Roll call vote; the motion carried 5:2 with Councilors Schue, Miller, Bascom, Rutan, and Hansen voting aye and Councilors Ehrman and Holmer voting nay. Responding to a question from Mayor Obie, Mr. Gleason said the City Attorney will investigate the effect of the vote with respect to the emergency clause in the ordinance. At the end of the meeting, Mr. Gleason said five votes is not enough to enact an emergency clause. Therefore, the ordinance passed by the council will not be effective for 30 days, or about two weeks after the appointment deadline in the ordinance passed by the voters. However, he sa i d the Ci ty Attorney assured him that no court would implement a writ of mandamus during the two- week period because another ordinance has been passed and will soon be in effect. Mayor Obie asked for a roll call vote on the motion again. e MINUTES--Eugene City Council November 17, 1986 Page 4 Roll call vote; the motion carried 5:2 with Councilors Schue, Miller, Bascom, Rutan, and Hansen voting aye and e Councilors Ehrman and Holmer voting nay; the bill was declared passed without the emergency clause (and became Ordinance No. 19426). VII. AMENDMENT TO CDBG STATEMENT OF OBJECTIVES City Manager Micheal Gleason introduced consideration of a recommendation from the Community Development Committee (CDC) concerning changes to the Community Development Block Grant 1986-87 Statement of Objectives. He said the Federal government decreased the City's block grant allocation and then reallocated some funds. The reallocation was $186,000. Mr. Miller said the CDC considered the $186,000 to be "one-timell funds and the committee responded to some extraordinary needs in the community. He said the committee did not intend to set a precedent for the future allocation of Block Grant Funds. Mr. Hansen moved, seconded by Ms. Ehrman, to approve the amendment to the FY86-87 Community Development Block Grant final Statement of Objectives. Respondi ng to a question from Ms. Bascom, Mr. Mill er sa i d CDC members discussed the 18 percent cost for administration of the reallocated funds. He said CDC members decided that administrative costs.for such programs are high because of technical requirements and unanimously approved the recommendation. e The motion carried unanimously, 7:0. VIII. FINDINGS/MINUTES OF HEARING OFFICIAL AND RESOLUTION FOR GILHAM ROAD IMPROVEMENTS City Manager Micheal Gleason introduced the discussion. Les Lyl e of the Public Works Department gave the staff report. He said the improvements to Gilham Road include 46-foot-wide paving, curbs and gutters, sidewalks, and street lights from Crescent Avenue to Honeywood Street. He revi ewed the existing conditions on Gilham Road. He said the improvements are supported by 122 parents in the area who signed two petitions, the 4-J School District, the Bicycle Committee, the Cal Young Neighborhood Group, and the local Parent- Teacher Association. The proj ect is in the current Capi ta 1 Improvement Program (CIP). Mr. Lyle said a remonstrance petition signed by 40 percent of the property owners who will be assessed for the project was received. He said 50 percent of the owners who signed the remonstrance petition are subject to petitions which obligate them to participate in the future improvement of Gilham Road. He said the signers of the remonstrance petition are concerned about the costs of the project and the impact of the road on abutting properties. To address the impact of the improvements, the City has asked for five property owners to participate in the design of the improvements. e MINUTES--Eugene City Council November 17, 1986 Page 5 Mr. Lyle said five properties affected by the improvements are not within the city limits. Plans are being made to annex four of the properties and the City e will ask the Lane County Board of Commissioners to assess the improvements to the fifth property for the City. Answering questions from Mr. Holmer and Mr. Hansen, Mr. Lyle said seven-foot sidewalks are necessary for this project because mail boxes will be placed behind the curb and will use about two feet of the sidewalk and because street lights are included in the project and will use some of the sidewalk. He said property owners will be assessed for only a five-foot sidewalk. Responding to a question from Mayor Obie, Mr. Lyle said a staff hearing on the project was held at 7 p.m. on September 3, 1986. Replying to a question from Ms. Bascom, Mr. Lyle said the sidewalk will be beside the curb. Res. No. 4013--A resolution authorizing paving, storm sewers, sidewalks, and street lights on Gilham Road from Crescent Avenue to Honeywood Street (1980). Mr. Hansen moved, seconded by Ms. Ehrman, to approve the findings and minutes of the Hearing Official dated October 8, 1986, and to adopt the resolution. Mr. Holmer said he is concerned about the seven-foot-wide sidewalk. He would move to postpone the project if it were not needed so badly. He said he will rely on the mitigation procedures to decrease the impact on the neighborhood. e The motion carried unanimously, 7:0. IX. ORDINANCES AMENDING SPECIAL ASSESSMENTS City Manager Micheal Gleason said the final costs for the projects have been established and the final assessments will be less than the pre-assessments. CB 2923--An ordinance concerning assessments for paving and storm sewers in alley between Patterson Street and Hilyard Street from 22nd Avenue to 23rd Avenue; amending Ordinance Number 19345, and declaring an emergency. CB 2924--An ordinance concerning assessments for paving, sanitary sewers, storm sewers, and sidewalks on north side of West 11th Avenue from Tyinn Street to Seneca Road; amending Ordinance Number 19336, and declaring an emergency. CB 2925--An ordinance concerning assessments for paving and storm sewers on Sam R Street from 11th Avenue e MINUTES--Eugene City Council November 17, 1986 Page 6 to 12th Avenue; and on 12th Avenue from Sam R Street to Wallis Street; and on Wallis Street e from 12th Avenue to 900 feet south; amending Ordinance Number 19167, and declaring an emergency. Mr. Hansen moved, seconded by Ms. Ehrman, that the bills 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 Bills 2923, 2924, and 2925 were read the second time by council bill number only. Mr. Hansen moved, seconded by Ms. Ehrman, that the bills be approved and given f!nal passage. Roll call vote; all councilors present voting aye, the bills were declared passed (and became Ordinances No. 19427 (CB 2923), No. 19428 (CB 2924), and No. 19429 (CB 2925.) X. APP'T: MAYOR'S NOMINATION TO COMMUNITY DEVELOPMENT COMMITTEE Mr. Hansen moved, seconded by Ms. Ehrman, to appoint Dean Owens as the Downtown Commission representative on the Community Development Committee. Mayor Obi e said Mr. Owens' appoi ntment was recommended by the Downtown e Commission. Roll call vote; the motion carried unanimously, 7:0. XI. SEGREGATION OF ASSESSMENT FOR: 1) PROPERTY LOCATED WEST OF FOX HOLLOW, NORTH OF SARATOGA (86-06); AND 2) PROPERTY LOCATED EAST OF TYNN STREET, NORTH OF 11TH AVENUE (86-04) Mr. Hansen moved, seconded by Ms. Ehrman, to approve the segregation of assessments as noted. Roll call vote; the motion carried unanimously, 7:0. XI I. CITY COUNCIL MINUTES OF SEPTEMBER 17, 1986 Mr. Hansen moved, seconded by Ms. Ehrman, to approve the City Council minutes of September 17, 1986. Roll call vote; the motion carried unanimously, 7:0. XIII. MINUTES OF THE LEGISLATIVE SUBCOMMITTEE MEETINGS OF NOVEMBER 4 e MINUTES--Eugene City Council November 17, 1986 Page 7 AND NOVEMBER 13, 1986 e City Manager Micheal Gleason introduced the item. Linda Lynch of the Intergovernmental Relations Division gave the staff report. She sa i d the minutes of November 13 include a list of the council1s positions during previous State legislative sessions. She said that in past years the council did not approve the positions it would take during a legislative session prior to the session. Mr. Hansen moved, seconded by Ms. Ehrman, to approve the minutes of the November 4 and November 13 meetings of the Legislative Subcommittee. Ms. Schue said the general direction of the City's 1987 lobbying efforts will be determined by the positions in the November 13 minutes of the Legislative Subcommittee. She said councilors should state any concerns they have about the positions. She emphasized that the subcommittee members need input from other councilors. Mr. Holmer commended the staff for the summary of policy positions in the November 13 minutes. He said the positions indicate a legislative program. Responding to a statement from Ms. Bascom, Ms. Schue said subcommittee members intend to have luncheon meetings with legislators about specific issues. She said other councilors and some staff will be asked to attend the meetings. Mayor Obie said he hopes the City will adopt a clear, short list of things to be accomplished in cooperation with partners during the legislative session. e He said the City's support of the University of Oregon during the last legislative session was very effective. Responding to Mayor Obie's statement, Ms. Schue suggested the council discuss priorities for the City's lobbying efforts. Mayor Obie directed that a discussion of legislative priorities be placed on a council agenda. Roll call vote; the motion carried unanimously, 7:0. XIV. ITEMS FROM THE MAYOR, CITY MANAGER, AND COUNCILORS A. Appointment Recommendations from the Mayor Mayor Obi e asked the council ors to comment 1 ater on appoi ntments he has recommended for committees, boards, and commissions. B. Reporting Class from University of Oregon Mayor Obie welcomed a reporting class from the University of Oregon School of Journalism. e MINUTES--Eugene City Council November 17, 1986 Page 8 C. Council Meetings e City Manager Micheal Gleason sa i d the staff is tryi ng to schedul e Ci ty business on Monday evenings so that work sessions can be held Wednesday noons. D. Pacific Northwest Bell Franchise Agreement Mr. Hansen said the contract with Pacific Northwest Bell will increase City revenues and the funds could be used to fund the expansion of Mahlon Sweet Airport. (Recorded by Betty Lou Rarick) mnccno17 e e MINUTES--Eugene City Council November 17, 1986 Page 9