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HomeMy WebLinkAbout08/03/1987 Meeting M I NUT E S e Eugene City Council Council Chamber--City Hall August 3, 1987 7:30 p.m. COUNCILORS PRESENT: Debra Ehrman, Freeman Holmer, Ruth Bascom, Jeff Miller, Roger Rutan, Cynthia Wooten. COUNCILORS ABSENT: Robert Bennett, Emily Schue. The regular meeting of the City Council of Eugene, Oregon, was called to order by His Honor Mayor Brian B. Obie. 1. PUBLIC FORUM Mayor Obie offered an opportunity for the public to address the council about subjects not scheduled for its consideration. He asked that speakers submit request forms. James Franklin Kahn, General Delivery, Eugene., said he was speaking in continuation of his comments at the last meeting. Mr. Kahn said that as he e stated at the last meeting, he had received indications from Mary Kay Hessel and from Sergeant Frank Bone, of the Internal Affairs section of the Eugene Police Division, that records did exist of three incidents in which he said he had incurred damages as a result of actions by Eugene Police. Mr. Kahn said a police vehicle on May 3, 1985, had hit him while he was riding his bicycle and had failed to stop. He said he had received a threat from Officer M. D. Olson on July 29, 1985, and a linear mi ss" had occurred on July 30, 1985. Mr. Kahn said Cathy Brown, of the Risk Management Division, had told him she was unable to find any records of the incidents, and that had occurred after he was told by others that records did exist. Mr. Kahn said he had filed a claim according to instructions from Barbara McDonald, of the City Manager's Office, rather than according to instructions stated by law, and he therefore could not file a court suit. He said he wished to settle the matter peacefully, and he said he had estimated his harassment, damages, and medi ca 1 bills to be about $1 million, in addition to tax liability and legal fees. Mr. Kahn said he had taken precautions in case something should happen to him, and if it should, he said he IIwould not want to bet on what might not happen to you and the po 1 ice. II He added that he was willing to settle peacefully if the City Council and the City government wanted to. Mr. Kahn requested that he be contacted, General Delivery. e MINUTES--Eugene City Council August 3, 1987 Page 1 Mayor Obie suggested that Mr. Kahn contact a lawyer if he felt he had a legal claim. Mr. Kahn said he had spoken with a lawyer, and he had been told that e because of the way his previous claim had been filed, his court rights had been waived. Mr. Kahn said he wanted to make it clear that he was dying from the side effects of the accident. II. INTRODUCTION OF PUBLIC SERVICE OFFICER City Manager Micheal Gleason introduced Deborah Evans, the new Public Service Officer. III. PUBLIC HEARING: STREET VACATION REQUEST FOR PORTION OF HENDERSON AVENUE (DALE AND RUTH FISCHER) (SV 87-2) City Manager Micheal Gleason introduced the agenda item. Terry Jones of the Planning Department presented the staff report. She said the street vacation request being considered had a long hi story and was fairly complex and controversial. She noted that councilors had received copies of a letter, dated August 3, 1987, from Michael Farthing and of a Springfield News article published on August 1, 1987, about a planned expansion of a rebar firm. She said the request for vacation had been made by Dale and Ruth Fischer, owners of Farwest Steel, and would affect the portion of Henderson Avenue between 19th and 21st avenues in the Glenwood area. Ms. Jones said the street was crossed by Southern Pacific railroad tracks, and Henderson Avenue was closed to vehicular traffic at that crossing. She said that because Henderson Avenue is a Lane County road, applicants were required to complete vacation e procedures before both Lane County and the City of Eugene. Ms. Jones said the Lane County Board of Commissioners had considered the item, and in December had voted 4:0 to recommend approval of the request. She said commissioners also had asked to retain a full public utility easement in the right-of-way and emergency access across the railroad tracks. Ms. Jones distributed maps of the area. She said Henderson Avenue served about 70 acres in the southwestern portion of Glenwood, and until about 1980 it had provided the only access to the homes and industries in the area. She said access had been moved to 22nd Avenue when Glenwood Boulevard had been built, and the Public Utility Commission had closed Henderson Avenue. She said that decision had been controversial within the neighborhood. She said neighbors had complained about problems with the 22nd Avenue access; for example, that Henderson Avenue was the best access to the bus route on Franklin Boulevard and that because 22nd was steep and curvy, it sometimes is difficult to use in bad weather. Ms. Jones said Phase I of the Glenwood Refinement Plan had attempted to address transportation issues, including pedestrian and emergency vehicle access. She said a blockage of 22nd Avenue would mean that an entire area would be outside the reach of emergency vehicles, and policies in the plan were intended to address those concerns through long-term and short-term strategies. Short-term strategi es addressed potential improvements that could occur while the area still was residential, and the long-term strategy e MINUTES--Eugene City Council August 3, 1987 Page 2 addressed plans for the area when it had become entirely industrial, she explained. Ms. Jones also said the lack of sidewalks and other pedestrian e facilities on 22nd Avenue meant that people were forced either to cross the railroad tracks illegally at Henderson Avenue, which they did, or to use 22nd Avenue and Glenwood Boulevard, which did not have sidewalks. Ms. Jones said criteria to be considered in deciding on the vacation request included whether the vacation met public interest and whether it complied with an adopted plan. If the council determined that the vacation would meet the public interest, Ms. Jones said staff recommended retaining three easements: one for public utilities, one for emergency vehicle access, and one for a future pedestrian access. She said the council also could determine that the vacation request did not meet the public interest or the plan and could deny the request as premature and possibly reconsider it in the future. Ms. Jones also noted that councilors had received letters in opposition from Margie Marino, Paul Frith, Stephen Barton, and Jo Moynier, in addition to a petition signed by 15 persons opposed to the vacation. Mr. Rutan asked who owned the property south of the Southern Pacific tracks and east of Henderson Avenue. Ms. Jones said that was vacant property owned by Dale Fischer, and according to the news article distributed, it was the planned site of Farwest Rebar, which was to be moved from Springfield. Mr. Rutan asked when the property had been rezoned. Ms. Jones said she thought that most of the area had been rezoned industrial when it had been annexed, but a port ion of the area east of Henderson had been rezon_ed industrial a couple of years ago, by the County and before annexation. e Responding to Ms. Ehrman's question, Ms. Jones said the portion of Henderson Avenue under consideration already was closed to auto traffic. Ms. Ehrman asked whether retaining the easements and accesses would change the situation from what now exi sted. Ms. Jones said Henderson Avenue currently was accessible to pedestrians, with barricades in place only at the railroad tracks. She said that if the vacation were approved, the right-of-way and pedestrian easement could be fenced off, cutting off all pedestrian access. Ms. Wooten asked whether residents had been promised continued pedestrian, bicycle, or emergency access when auto access had been closed. Ms. Jones said she had heard such claims, but her research of Lane County records during 1979 and 1980 indicated that the Public Utility Commissioner who had made the decision had retained no accesses. She added that the area was not improved for access. Ms. Wooten asked whether pedestrian access had been addressed by specific language in the refinement plan. Ms. Jones said refinement plan policies stated generally that pedestrian access to the area was important and that attention should be paid to the use of the Henderson rail crossing for pedestrian access. Ms. Bascom asked whether any acceptable treatments for pedestrian access had been discussed. Ms. Jones said no unofficial treatments had been discussed, and she added that a path was used at present. She said some discussion had been held with representatives of Southern Pacific and the Public Utility Commission about 1 ega 1 pedestrian crossings, all of which were quite expensive. e MINUTES--Eugene City Council August 3, 1987 Page 3 Mayor Obie opened the public hearing and asked speakers to submit request form s . e Michael Farthing, P.O. Box 1147, spoke in favor of the vacation request and represented the applicants, owners of Farwest Steel and Farwest Rebar Company. He said Farwest Steel had been located in the Glenwood area since about 1965 and provi ded servi ce to the surroundi ng states. Mr. Farthing said Farwest Rebar's lease in Springfield had been terminated, and they had to relocate by March 1988. He said the property east of Henderson Avenue was the primary target and most logical site for relocation efforts. He said the vacation would be a positive factor in that relocation, and denial would be a negative factor. Mr. Farthing said the applicants believed the road vacation to be in the public interest for several reasons. He said it would allow consolidation of industrial parcels into larger, more usable parcels, as suggested by Economic Policy 14 of the Metropolitan Plan. The va cat ion woul d encourage the expansion and consolidation of an existing business with a high wage scale, as suggested by Economic Policies 1, 2, and 5 and would result in more assessed value to the City, not only in the street but in improvements east of Henderson Avenue. It would bolster Glenwood's position as a regional facility with excellent access to the freeway and the rest of the metro area, and he added that it could stimulate industrial activity in the area by allowing expansion of industrial sites. Mr. Farthing said the app 1 i cants were opposed to the emergency access easement. He sa i d no representatives of Southern Pacific or the Public Utility Commission supported the easement, and he noted that State ORS 763.013 e suggested eliminating at-grade crossings throughout the state whenever possible. He said the crossing was closed to the public for all purposes, and to the extent that the City encouraged illegal crossings, it could be exposed to liability. Mr. Farthing said he did not think reservation of the emergency access easement was required specifically by the policy in the Glenwood Plan, although it had been suggested by discussion. He said other alternatives existed, and the applicants did not believe the Henderson Avenue alternative was the best, the least expensive, or the most likely to occur. He sa i d if 22nd Avenue was blocked, emergency vehicles would be better off using the Farwest Steel or Pape property for access off of Glenwood Boulevard, rather than turning around and traveling via 17th Avenue to Henderson, where access again could be blocked by 20 to 30 daily trains that used the two sets of tracks. He said applicants did not think easements should be required, but if they were, he requested an indication about the time frame. He said applicants were even more opposed to pedestrian and bicycle access. He said the crossing had been completely removed, and he thought access would result in too much liability. Mr. Farthing suggested that an alternative crossing might be located at Seneca Street, to the east of Henderson, if the crossing could be obtained, which he said he thought was a very, very remote po s sib il i ty . Mr. Farthing said the applicants felt that the vacation was supported by several economic policies, he noted that the area was designated industrial, and he sa i d they bel i eved that the vacation was in accordance wi th Ci ty e MINUTES--Eugene City Council August 3, 1987 Page 4 .- policies. He said it was not known when emergency access would be acquired, and alternatives did exist, such as using property off of Glenwood Boulevard e on either side of 22nd Avenue. He said 22nd Avenue was too narrow and should be expanded, widened, and straightened out to solve the emergency access problem, as well as providing better access to everyone. He said applicants wanted to cooperate, but bicycle and pedestrian access on Henderson would defeat the purpose of the vacation application, putting people through the middle of an industrial operation. He said applicants would prefer to work on a solution rather than to be denied, but he said they now were under a deadline. He asked the council for resolution of policies and for granting of the vacation request. He also requested that he be allowed rebuttal. Margaret Marino, 3825 East 21st Avenue, spoke in opposition to the request. She said Jamie May and she had begun the Glenwood Community Organization in response to the closure of Henderson Avenue. She said the organization was a vital part of the area. Ms. Marino said she had served on the committee that had worked on Phase I of the refinement plan, and that group had considered many alternatives to Henderson Avenue for secondary emergency access or pedestrian access. She said the group had attempted to identify a solution that would be good for everyone, but every other alternative had been far more expensive than opening Henderson Avenue for limited access. She said the group had held several long meetings and had consulted many experts, and it had concluded that the vacation of Henderson Avenue prior to solving emergency and pedestrian access problems would be premature. Ms. Marino noted that Farwest Steel and Pape Cat employed hundreds of workers, none of whom would gain pedestrian or bus access to jobs in the area. She said the proposed expansion would result in even more employees being forced to e drive into the area, which then would have only one narrow, dangerous access. She said she wanted to emphasize that the area had only one access, with no pedestrian access. She said the vacation would separate neighbors, who now were part of a strong community. Ms. Marino said she thought decisions made so far had been "biased to the extreme" on the part of i ndustri a 1 concerns. She said residents were not oppo sed to industrial interests, but she cha racteri zed the vacation as eliminating industrial interests other than Farwest Steel because of the lack of a secondary emergency access. She added that she thought the City might be held liable for the lack of access, and that should be considered. Ms. Marino said the Public Utility Commission had not closed the intersection because it was unsafe, but it had been closed because Farwest Steel had wanted to put in a spur line. She said she was tired of fighting over the same issue repeatedly, and she hoped the council understood the residents' position and emotions over the situation. Jamie May, 2009 Seneca, said she had received her notification of the vacation request today at 1:30 p.m. She said every resident of the southern part of the neighborhood who had been asked had signed the petition she briefly drafted and circulated. e MINUTES--Eugene City Council August 3, 1987 Page 5 Ms. May described a series of decisions by Lane County Commissioners and State officials. She said the County Commissioners originally had voted to keep the e Henderson crossing open, but a later decision by State officials had favored closing the Henderson crossing, a lthough no fatalities or accidents had occurred in that area. Ms. May said a stopgate crossing had been installed on 19th Avenue, a site that she said had received no public attention but was on the way to UPS. She said the County Commissioners had reversed their vote and agreed to the closure after being told that a crossing would cost $80,000. She noted, however, that funds had been spent on a crossing that she said was of no concern to residents, but only to UPS. She said no public hearing had been held on the 19th Avenue crossing, which was located about 60 feet from the Henderson crossing, and she thought it was clear that the decision had been made on the behalf of Farwest Steel. Ms. May said she thought the area was destined to be industrial, but her main concern was that decisions were being made in a "policy vacuum" because the area was not incorporated. She said decisions were being made in a way that was piecemeal and premature. Ms. May said 70 to 80 percent of the residential property in the area was owner-occupied. She noted that two accesses already had been lost: at Judkins Point, which she said had not been posted or made the subject of a hearing; and Henderson Avenue. She said access had been provided at 22nd Avenue, but she said that had not been agreed to and was unsatisfactory because of its curves, its seven percent grade, and its possible blockage by accident. Ms. May said a planning committee had looked at several alternative crossings, e but they all would be more expensive than keeping Henderson open with a gate and some sort of bicycle and pedestrian access, which she said had been promised in 1975 when Henderson had been closed. Ms. May said she felt that if Eugene wanted to acqui re the area as an industrial park, it should buy residents' property. She said the vacation would reduce residential value. She said the area had one ingress/egress, which often was blocked; she also said it had no bus line and no bicycle access without a crossing at Henderson. She suggested that the area be incorporated and purchased for an industrial area, rather than dealing with it in a piecemeal fashion. David Moore, pastor of Temple Church of Christ on 21st Avenue, spoke in opposition to the request. He said his three children, in order to catch the school bus, either had to cross the tracks to get to 17th Avenue or had to use 22nd Avenue, which was narrow, crooked, and steep. He noted that Farwest Steel and Pape Cat both operated large trucks in the area, and he said several close calls had occurred between trucks and small chil dren. He said both sides of 22nd Avenue were high, steep cliffs. Mr. Moore said children also crossed the railroad tracks in order to get to Sunday School at the church. He said closing the crossing would result in a lack of access to the church and the school bus. e MINUTES--Eugene City Council August 3, 1987 Page 6 Mr. Moore said discussions with representatives of the school district had determi ned that school buses could not stop safely at 22nd and Glenwood e because of the freeway exit nearby, and if Henderson were closed, no other bus stop would be available without crossing the tracks. Mr. Moore said the church he led had been in the area since about 1963 and had gone from a congregation of about 150 to about 50 persons. He said he thought the reason for the difference was that people could not find the church. He asked the council to consider the effects of the closure on the community, the church, and the children in the area. Mr. Moore added that he also had received notice of the hearing only today, which he said was short but appreciated anyway. Mr. Farthing was given an opportunity to rebut issues raised in testimony. He said he had been informed that the school bus would pick up small children at 22nd and Henderson avenues. He also said a sign directing people to the church had been removed from Farwest Steel property because of City codes. Mr. Farthing said the area always had had a single access beyond Judkins Point Road. He said the promise of bicycle and pedestrian access had been made by Lane County Commissioner Jerry Rust after the crossing had been closed and residents had presented a petition. Mr. Farthing said Commissioner Rust had no authority to make such a promise, which was not favored by the Public Utility Commission or Southern Pacific. He said the crossing now was closed to all traffic, and he thought that encouraging people to use the crossing for any purpose was exposing the City to liability. , e Mr. Farthing said accidents had occurred at the crossing before it was closed, and that was one of Mr. Fischer's main concerns. He a 1 so sa i d the intersection at Henderson Avenue and Franklin Boulevard had a terrible accident pattern prior to the closure of the crossing. Mr. Farthing said icy conditions and steep hills were typical problems at several places in the city. He said he was aware of no efforts by staff, neighbors, or anyone to open the crossing. He asked how long activity was to be delayed. Mr. Farthing said he maintained that industrial development would occur in the area when present industrial users started expanding, which would increase the value and desirability of property and which he hoped would encourage improvement of the road system. He said industrial development was being hampered by the narrow width of 21st and 22nd Avenues, which did not allow access to the parcels that could be used. Mayor Obie closed the public hearing. Ms. Ehrman said she was sorry she had been unable to visit the area, and she asked whether other councilors would be interested in postponing a vote in order to schedule a tour. Ms. Wooten said she would agree to postpone action for a visit. Ms. Bascom said she had visited the area and she agreed that it would be useful for others. e MINUTES--Eugene City Council August 3, 1987 Page 7 Mr. Holmer asked whether the Planning Commission could offer advice on the issue. Ms. Jones said vacations went directly to the City Council. She added e that she would check but she thought the council could ask the Planning Commission for unofficial advice. Mr. Croteau said the Planning Commission was not part of the official vacation process, and it had not been following the issue for some time. He said referral would have both pros and cons. Mr. Rutan said he had served on the Planning Commission when the area had been rezoned. He said he had visited the site, and he thought it would be unfair to penalize the applicant for council delays. Ms. Jones reviewed the notification process. She said a call for a hearing had been sent on July 6, 1987, but she added several calls had been received about the confusing legal language in the notice. She said bright orange notices had been posted in the area on July 8, and staff notes had been sent on July 30. Mr. Miller asked about the possibility of streets in the area being used for emergency access. He also asked about City liability if pedestrian and bicycle access were allowed without any additional improvements or safety enhancements. Ms. Jones said the crossing would be difficult to negotiate, but when the plan had been developed, drafters had not wanted to eliminate flexibility for future use. She said the crossing had not been pursued since because implementation of the adopted plan was not yet on the work program. She added that further direction to pursue the issue could result in a quicker resolution. Kay Kiner James, of the City Attorney's Office, responded to the question e about City liability. Ms. Kiner James said the council had no exposure to 1 i abi 1 i ty because it was a policy-making body that was dealing with a discretionary decision. She said if litigation were being considered, the City Attorney's Office would provide confidential advice in a written form. She said she saw no liability to the City of Eugene. Mr. Gleason said he could have Risk Management staff assess the tort risks in encouraging people to use the crossing. Ms. Bascom asked whether it now was illegal to use the crossing. Ms. Jones said the crossing was closed to vehicular and other public access. Ms. Bascom said she expected that residents would continue to use the crossing as long as it was needed and unless a tremendous barricade was installed. Mayor Obie said an item coul d be postponed to the next meeting i f two councilors requested it. He said the next council meeting was scheduled for September 9. Mr. Miller said he had visited the area and found it to be in a transition of development. He said he was concerned about the danger that children were exposed to in crossing railroad tracks and about the danger of encouraging pedestrians to use the crossing. He said he did not favor giving public approval to those possibilities without contributing money for safety improvements, and he was willing to take action today. e MINUTES--Eugene City Council August 3, 1987 Page 8 Ms. Bascom said she was concerned about the timing of the issue and about lessening residents. property values. She said industries should purchase the e land if it was wanted, rather than continuing to decrease property values through actions like this vacation. Mr. Rutan said the Planning Commission had heard much testimony in considering zoning for the area. He said plans for the area designated it for eventual industrial use, but it now was in transition. He said he thought the vacation would enhance the long-term land use designation and property values by making it better industrial property. Mr. Rutan said he recalled rezonings of properties east of Henderson Avenue in which the vacation of Henderson was discussed. He said the applicant had requested several rezonings for an industrial complex, and the vacation of Henderson was a completely logical step in that process. He said he appreciated the concerns of residents in the area, but he thought the action was a prudent part of long-term land use planning. Mr. Rutan said improvements to 22nd Avenue might be considered when it became a City street, but he did not think it was dangerous. He said the PUC clearly had no interest in a crossing at Henderson, and pedestrian traffic at the crossing was "an accident waiting to happen." He said he thought that was an important consideration. Mr. Rutan said he felt the application was consistent with all land use plans and action taken in the past. He said he thought a decision could be made today, and he di d not thi nk the council should consider emergency or pedestrian access, but should do everything possible to discourage it. e Mr. Holmer said Section 1 of the ordinance stated that the City of Eugene found IIno valid objections made at the hearing or filed.1I He asked whether that language was legally necessary, adding that he thought seriously held objections had been expressed at the hearing. Ms. Ehrman requested that the item be held until the next council meeting. Ms. Wooten seconded the request, and the Mayor and counci 1 agreed to reschedule the item to September 9. Mayor Obie said a public hearing would not be held at that time, and he requested that staff organize a council tour of the area. He also requested that staff provide information about options for development of safety improvements on 22nd Avenue. Ms. Ehrman said she had requested the delay because she thought the vacation was an important decision for property owners in the area, and she did not see it as penalizing the applicant but rather as taking the time for a difficult decision. Mr. Rutan said he thought staff in the future should organize a tour for similar requests and items. e MINUTES--Eugene City Council August 3, 1987 Page 9 IV. FINDINGS OF HEARINGS OFFICIAL CONCERNING LOCAL IMPROVEMENT PROJECT (SAND AVENUE FROM COUNTRY CLUB ROAD TO POOL STREET AND WITHIN COUNTRY e CLUB WEST SUBDIVISION) City Manager Micheal Gleason introduced the item. He said staff was available to answer questions, and he recommended adoption of the findings. Ms. Ehrman moved, seconded by Mr. Holmer, to approve the findings of the Hearings Official dated July 27, 1987, and the local improvement project--Sand Avenue from Country Club Road to Pool Street and in Sand Avenue and Trap Lane within the Country Club West Subdivision. Roll call vote; the motion carried unanimously, 6:0. V. ORDINANCE REGARDING THE SETTING OF MUNICIPAL FEES City Manager Micheal Gleason introduced the item. Finance Director Warren Wong presented the staff report. Mr. Wong said the item was a continuation of a discussion begun approximately one year ago. He noted that work sessions had been held on February 11 and on March 11. He said Councilor Holmer had assisted with preparation of the ordinance, which set a policy framework for establishing user fees and charges. He said the ordinance was a logical step in the cost-of-services study that was being processed and that would be reported to the council in the next couple of months. He said the ordinance provided criteria for establishing fees and included consideration of policies adopted by council with regard to income qualifications, geographic areas, social considerations, etc., in addition to consideration of past e charges, costs of services, and charges of comparable jurisdictions. Mr. Wong said the ordinance provided for notice to affected fee or ratepayers, as well as notice and revenue reports to the counci 1. He said reports would be provided as part of the regular budget process. Mr. Wong said the ordinance excluded fees or charges that were intergovernmental or that were franchise-related. He said staff recommended that the council adopt the policy framework, and as fees were adjusted, staff would return with code changes to codify the policy framework and to delegate the council IS fee-setting authority to the City Manager. Ms. Wooten asked whether Wastewater Treatment Pl ant franchi se fees were included in the process. Mr. Wong said the ordinance stated that fees and charges set by intergovernmental agreement and those that concerned the use of public right-of-way remained under the jurisdiction of the council. He said fees to be set by the City Manager would include charges for users of the Hult Center, planning fees, and building permits. Ms. Wooten asked about municipal court fines, and Mr. Wong said that would come under the recommendation of the Municipal Court Judge. Mayor Obie noted that the proposal gave the council the authority to intercept the process after notice by the City Manager. . MINUTES--Eugene City Council August 3, 1987 Page 10 CB 2980--An ordinance regarding the setting of municipal fees; amending Section 2.020 of the Eugene Code, 1971; and e declaring an emergency. Ms. Ehrman moved, seconded by Mr. Holmer, 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, 6:0. Council Bill 2980 was read the second time by council bill number only. Ms. Ehrman moved, seconded by Mr. Holmer, 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. 19494). VI. ACQUISITION OF LINCOLN SCHOOL SITE City Manager Micheal Gleason introduced the item. Jody Miller presented the staff report for John Porter of the Intergovernmental Relations Division. Ms. Miller said staff recommended funding the purchase of the Lincoln School site from School District 4J with $50,000 of Community Development Block Grant funds and $130,000 in pub 1 i c works and pa rks services with the clear understanding that the school building will be demolished by the City. Ms. Miller said the staff is also recommending allocation of $25,000 from the General Fund contingency for demolition of the school as part of the purchase e agreement. She said the council previously had granted tentative approval for the purchase. Ms. Miller said that at the request of the City Council the purchase proposal had been referred to the Joint Parks Committee and to the Community Development Committee, which both unanimously had recommended proceeding with the purchase. She said acquisition of the site was consistent with the Parks Master Plan, the Westside Neighborhood Plan, and the City Capital Improvements Program. She also said a use for the site had not yet been designated. Res. No. 4050--A resolution authorizing the City Manager to acquire the Lincoln School site from School District 4J for $180,000. Ms. Ehrman moved, seconded by Mr. Holmer, to adopt the resolution. Ms. Wooten thanked staff and representatives of the school district for their work to retain public ownership of the property. Mr. Holmer said he appreciated receiving copies of the June 10 minutes, in which he had voted in favor of tentative approval. He said he now regretted hi s previ ous vote because the Ci ty budget for the next fi sea 1 year was projected to be about $2 million in debt. He said the purchase represented e MINUTES--Eugene City Council August 3, 1987 Page 11 - about 10 percent of that amount, and he did not see an immediate need for the acquisition. He added that other uses for the site were possible and that he e respected the recommendation from the advisory committees, but he did not favor the purchase. Mr. Rutan noted that the recommendation from the Joint Parks Committee had not been based on financial considerations. He added that he thought the school district had tried to assist with the acquisition and he thought the council should proceed with approval. Mr. Miller said the Community Development Committee had expressed strong interest in using the site for parks or for housing for the needy. He said he thought the acquisition was timely and would prove to be a good long-term decision. Roll call vote; the motion carried 5:1, with Councilors Ehrman, Bascom, Miller, Rutan, and Wooten voting aye and Councilor Holmer voting nay. Ms. Ehrman moved, seconded by Mr. Holmer, to instruct the City Manager to fund the purchase of the Lincoln School site with $50,000 in Community Development Block Grant funds as down payment, and $130,000 in services from Parks and Public Works Maintenance divisions over a two-and-one-half-year period and that the demolition of the school be funded from General Fund Contingency. Roll call vote; the motion carried 5:1, with Councilors Ehrman, Bascom, Miller, Rutan, and Wooten voting aye and Council Holmer voting nay. e Mayor Obie said he thought the acquisition represented a unique opportunity for parkland in a central or urban setting, and he hoped the site would be used for such a development. VII. REPORT FROM COUNCIL SUBCOMMITTEE ON CABLE ACCESS/METRO POLICY COMMITTEE City Manager Micheal Gleason introduced the item. Administrative Services Director Gary Long presented the staff report. He noted that councilors had received reports from the Council Subcommittee on Cable Access, on which Councilors Wooten, Rutan, and Bennett had served. He said Councilors Schue and Ehrman also had been involved with the issue through their roles on the Metropolitan Policy Committee. Mr. Long said the tri-annual review scheduled for September was an opportunity to assess comprehensively the relationship of TCI Cable Television and to set out any performance issues before the franchise with TCI was renewed in 1992. Mr. Long said the nature and components of the review had been discussed by the council subcommittee and would have to be negotiated with the other two parties, Lane County and Springfield. He said that if the City pursued some components of the review alone, it would assume those expenses. e MINUTES--Eugene City Council August 3, 1987 Page 12 ... Mayor Obie asked whether the review would be funded by cable fees. Mr. Long said fee revenues were put into the General Fund, and any expenses of the e special study would require renegotiation of existing budget priorities or council approval through contingency. He said the maximum City of Eugene expense for the entire review was listed in the staff notes as about $16,000. Ms. Wooten asked how the feasibility analysis would be coordinated with that to be conducted by the Springfield Utility Board. Mr. Long said he had discussed the possibility of the two cities doing the review together and he thought that should be explored. Ms. Wooten said she agreed. Mr. Long said the Metropolitan Policy Committee had expressed interest in coordinating cable activities. Ms. Wooten said she thought pooling resources would be wise and could result in more thorough information. Responding to Ms. Bascom's question, Mr. Long said the franchise would be renegotiated in 1992. He said the City during its tri-annual review had an opportunity to reopen and discuss limited areas of the franchise. He added that if no analysis was done now, no grounds would exist in 1992 to discuss performance problems. Ms. Ehrman moved, seconded by Mr. Holmer, to request the Metropolitan Policy Committee conduct a comprehensive review and update of the local cable television franchise and that the MPC prepare for the franchise update by conducting a community needs assessment, financial analysis of TCI, industry comparisons, and an exploration of alternatives. Mr. Rutan said TCI services had been good and had been provided at a e reasonable price. He said he was hesitant about the expense of the review, but he thought its objectives were reasonable and he did not have an effective a lternat i ve. He said he was not interested in a "witch hunt" against TCl; however, he thought the study could help to identify other telecommunication and cable-related opportunities for the community. Mr. Rutan said he would support the motion. Ms. Ehrman said MPC had discussed the issue at its two previous meetings, a fter a County Commi s s i oner had ra i sed the issue. She said the City's proposal had been discussed at the last meeting, and one County Commissioner had expressed concern that the review "went too far." She said the council could request that the MPC conduct a review, but she noted that a problem could arise if the item were vetoed by a commissioner. She asked whether, if that occurred, the council would want to make an individual commitment. Ms. Ehrman said combining information with the Springfield Utility Board's review had been and was being discussed, but no guarantees existed that information had to be shared. Ms. Ehrman said she supported the proposal, but she wanted to point out that action by MPC was uncertain. Ms. Wooten sa i d she agreed wi th Mr. Rutan that the study should be of sufficient breadth to make it worth the time and effort. She said she also would appreciate more aggressive communication with SUB about collaborating on a feasibility analysis. Ms. Wooten added that she supported the review because telecommunications was "a sunrise industry" and the future, and the e MINUTES--Eugene City Council August 3, 1987 Page 13 Council needed to be aware of and on top of all issues in working with cable companies. e Ms. Bascom said she hoped the direction to MPC would be communicated as the council's desire for a workable process, and should not be interpreted, as Mr. Rutan had described it, as a "witch hunt" against TCI. Mayor Obie said that wi th budget cuts bei ng made to the Metropolitan Partnership and the Convention and Visitors Bureau, he did not think funds being requested were timely or appropriate. He said the cable industry could change dramatically by 1992, and he thought the review likely could be premature and could be considered a "witch hunt." He said he was not interested in that or in the City being in the cable business. Mayor Obie asked about the timing of the review. Mr. Rutan said the timing issue was that the tri-annual review was set for September, and that review provided opportunities to affect the agreement. Ms. Bascom asked whether all of the funds would be spent by September. Mr. Long said staff would work with other governments to perform a study, which probably would take about 60 to 90 days and would include several elements, such as a community survey and outside auditors. He said the tri- annual review would begin in September and probably would be complete by about the end of the year. Responding to Mayor Obie's question about existing City staff support for the cable, Mr. Long said Randy Kolb monitored cable issues for the City and the Lane Council of Governments (L-COG) provided contracted staff support for the e cab 1 e commi ss ion. Mr. Long also said the City contributed an incidental amount of staff time to cable issues, and a consultant would be hired for the study. Ms. Wooten said her intent was not to indicate that the City wanted service other than TCI, but she thought the study would be a useful tool for the negotiation. Responding to Ms. Bascom's question, Ms. Ehrman said the cable subcommittee had been created after MPC had approved changes, when council concerns had been expressed about continuing public access. Ms. Bascom asked whether any alternatives existed to spending $16,000 for the study. Mr. Long said that price would allow a thorough and comprehensive review of each of the four elements. He said discussions with other partners indicated that they were similarly reluctant to fund all elements completely. He said he doubted that other jurisdictions would agree to a full review, and the price identified was for the upper limit. Mr. Gleason asked whether the council could approve a different maximum cost. Mr. Long said it could do that, or it could approve the scope of the study but withhold final authorization until an agreement actually was reached with the other partners. Ms. Wooten said Councilor Bennett was not present tonight but was the third member of the council subcommittee. She said he had been extremely e MINUTES--Eugene City Council August 3, 1987 Page 14 enthusiastic and supportive of the proposal and had pursued the issue with the most persuasive arguments. e Mr. Miller noted Mr. Rutan's comment that unless a review was thorough, it woul d be a waste of money, and he asked what woul d happen if the other jurisdictions did not approve the full review. Mr. Gleason said the proposal directed staff to negotiate an agreement, and if no agreement was reached, he said he expected MPC to bring a recommendation back to the council. Ms. Ehrman noted that the proposal was only a request and that no expenditure was being authorized. She said if MPC rejected participation, the decision would return to the council. Roll call vote; the motion carried unanimously, 6:0. VIII. EUGENE/SPRINGFIELD METROPOLITAN PARTNERSHIP QUARTERLY REPORT City Manager Micheal Gleason introduced the item. Chuck Nozi cka, of the Eugene/Springfield Metropolitan Partnership, presented the quarterly report for the second quarter of 1987. Mr. Nozicka said administrative issues included developing a specific work plan, which would consist of a list of priority activities not unlike those of the Eugene Development Department. He also said the partnership was expected to undergo an evaluation process to occur in early 1988, and likely to involve e trading directors with another agency outside of the area or the State. He said an evaluation then would be submitted to a commi ttee or to the Coordinating Council of the Metropolitan Partnership. Mr. Nozicka reviewed highlights of recruitment activity. He said partnership staff would be working with planning staffs on economic working papers for the Metropolitan Plan update. He said marketing activity included narrowing down a target list for active recruitment missions to California in the fall. Mr. Nozicka said the Metro Products Forest Council was planning for a November visit from a Swedish manufactured housing firm. He also said the Willamette Valley World Trade Center was underway meeting monthly and offeri ng import/export counseling to firms. He added that TCI cable advert is i ng recently had been contributed to the partnership and that a fundraising campaign was underway. Mr. Rutan said he had been involved with partnership efforts to recruit food product industries. He compl imented the partnership for operating in a thorough, professional fashion in recruiting. He also said he would welcome the industry. Mayor Obie said he agreed, adding that he had heard good reports about the presentation to a telecommunications company. He thanked the partnership for its wo r k . e MINUTES--Eugene City Council August 3, 1987 Page 15 IX. APPOINTMENTS: MAYOR'S NOMINATIONS TO THE METROPOLITAN AREA PLANNING ADVISORY COMMITTEE e Mayor Obie submitted nominations for appointments to the Metropolitan Area Planning Advisory Committee. Ms. Ehrman moved, seconded by Mr. Holmer, to approve the following nominations to the Metropolitan Area Planning Advisory Committee: Linda Korth, 12989 Aldridge Avenue...... .(term ending 6/30/90) Alan Evans, 978 Lincoln.... ..............(term ending 6/30/88) Roll call vote; the motion carried unanimously, 6:0. X. APPOINTMENTS: NOTIFICATION OF MAYOR'S APPOINTMENTS TO THE SISTER CITY COMMISSION Mayor Obie notified the council of the following appointments to the Sister City Commission: Greg Moore, 4200 Donald Street...................(term ending 12/31/88) Jane Scheidecker, 3685 Bardell..... ..... ... ..... .(term ending 12/31/89) XI. CITY COUNCIL MINUTES OF MEETING OF JUNE 22, 1987, AND LUNCH/WORK SESSION OF JUNE 24, 1987 e Ms. Ehrman moved, seconded by Mr. Holmer, to approve the Ci ty Counci 1 m; nutes of June 22, 1987, and June 24, 1987. Mr. Holmer noted that page 9 of the minutes of June 24 stated that Mr. Holmer had been the only councilor to vote against the use of tax increment financing. He said the minutes of the council's work session of December 8, 1986, contained a description of a straw ballot on support for incurring additional tax increment financing obligations within the boundaries of the renewal district. He said the motion had carried 4:2:1, with Councilors Holmer and Hansen opposed, and with Councilor Rutan abstaining. Mr. Holmer said he had raised the issue of tax increment financing because he did not believe it had been adequately discussed in connection with the draft urban renewal plan now being considered. He said he would like to hold a public hearing on the subject on September 23. Roll call vote; the motion carried unanimously, 6:0. e MINUTES--Eugene City Council August 3, 1987 Page 16 Mr. Holmer moved, seconded by Mr. Rutan, to incorporate into the September 23 agenda an opportunity for public e comment and council discussion of tax increment financing in the Urban Renewal Plan. Mayor Obie noted that a public hearing required adequate notice. Ms. Wooten said she thought information on tax increment financing had been requested of staff at the last lunch meeting, and she preferred to hold City Council discussion prior to a public hearing. Mr. Miller said he was not opposed to a public hearing, but he did not think it would accomplish anything at present. Ms. Bascom said the motion carried by two votes, even if it was not unanimous. She also said an extensive discussion had been held in December. Mr. Holmer said he did not think discussion of the issue had been adequate. He sa i d he agreed wi th Council or Wooten that more information should be available. Mr. Holmer said he had raised the issue because of the attitude that adequate council discussion had been held. He said it appeared that others on the council agreed with him, and he withdrew his motion, with the approval of Mr. Rutan. Mayor Obie adjourned the meeting at 9:30 p.m. Respectfully submitted, "-"" e ~~...~ Micheal D. Gleason City Manager (Recorded by Leslie Scales) mncc0803 e MINUTES--Eugene City Council August 3, 1987 Page 17