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HomeMy WebLinkAbout01/27/1988 Meeting e e e M I NUT E S EUGENE CITY COUNCIL COUNCIL CHAMBER--CITY HALL January 27, 1988 Noon PRESENT: Freeman Holmer, Ruth Bascom, Robert Bennett, Jeff Miller, Roger Rutan, Emily Schue, Cynthia Wooten. ABSENT: Debra Ehrman. The business meeting of the City Council of the City of Eugene was called to order at noon by His Honor Mayor Brian B. Obie. I. ITEMS FROM THE THE CITY COUNCIL, MAYOR, AND CITY MANAGER A. Nude Dancing Mr. Miller said he would like to know the council's reaction to a letter in council members' packet about restricting nude dancing to certain areas of the city. Tim Sercombe, City Attorney's Office, said the issue of restricting nude dancing by zoning was recently argued before the Oregon Supreme Court. He said it will take from three to nine months for a decision to be handed down. Until that occurs, Mr. Sercombe said Oregon law in this area is uncertain. B. Tree Feature Ms. Bascom said the February issue of Sunset Magazine featured the City of Eugene and its Tree Identification brochure. C. Hult Center Concerts Ms. Bascom said she continues to get good comments about the Thursday free concerts and the feeling that the Hult Center is available to everybody. D. Committee on Committees Mayor Obie reminded councilors that the Council Committee on Committees will be reviewing committee appointments at its meeting at 1:30 p.m. today. MINUTES--Eugene City Council January 27, 1988 Page 1 e E. Annexation Review Mayor Obie said he was asked by Ms. Ehrman to appoint a council subcommitee that will review the annexation process. He said Ms. Ehrman feels the council should be closer to the annexation initiation procedure. Mayor Obie said it is his own feeling the issue does merit some review. Mr. Rutan said a subcommittee is not the most efficient way to proceed because of the amount of information that has already been forwarded to the council. He suggested instead that policy issues surrounding annexations be presented directly to the council Mr. Freeman said the policy issues have already been considered by the council. He said he is not sure a subcommittee would help council members unless they decide to change the existing annexation standards. Ms. Bascom said she is under the impression that annexation questions should be directed to the Legislature. Ms. Schue said questions about how to apply annexation rules and regulations should be considered by the entire council. Mr. Obie said he will tell Ms. Ehrman that the council is not in favor of tit appointing a subcommittee to investigate the annexation issue. Ms. Wooten said her primary concern about the annexation issue is that the council has not made enough effort to meet with the affected residents. She said there needs to be more direct communication between the council and those people. Ms. Schue said she recently attended a Boundary Commission meeting as a spokeswoman for the City. She said perhaps the council needs to make more such appearances. Mr. Holmer said having the mayor and council available to meet with residents is more effective than sending staff. Mr. Miller said there is some merit to having a council subcommittee address the annexation negotiation phase because of the misinformation and miscommunication that is occurring. Ms. Wooten suggested for now the council state through its public information office that council members are available to meet directly with members of the public. She said the council can decide to take more action at a later date. e MINUTES--Eugene City Council January 27, 1988 Page 2 e II. PUBLIC HEARING: ALLEY VACATION REQUEST (CITY OF EUGENE: STEVE BENNETT) (AV 87-1) City Manager Mike Gleason introduced the item. Mr. Bennett stated that Steve Bennett is his cousin and one of the property owners involved is a close friend. He said he can be objective about the issue and asked that he be allowed to participate in the council's discussion. Hearing no concerns from other councilors, Mayor Obie granted Mr. Bennett's request. Jim Croteau, Planning Department, presented the staff report. On August 24, 1964, the City Council approved the vacation of a north-south alley between Willamette and Oak streets north of East 27th Avenue. However, an error was recently discovered in the legal description of the vacation by a property owner involved in a pending land sale. He said the council is first being asked to initiate an ordinance revacating the alley and then to hold a public hearing. Mr. Croteau said staff has provided notice to the abutting property owners and affected neighborhood residents. He said he has received one request from a property owner for information on the orginal vacation. He said the Public Works and Planning departments are recommending the council ~ revacate the alley with the retention of public utility easements. Mayor Obie opened the public hearing. Lloyd Kruse, 3820 Spring Boulevard, said he owns property adjacent to the west side of the alley. Mr. Gleason informed the council that it needs to pass a motion initiating the vacation and opening a public hearing. Mr. Holmer moved, seconded by Ms. Bascom, to open the public hearing. Mayor Obie asked for an explanation of the proceedings. Mr. Sercombe explained that the alley vacation before the council is different from normal vacations because it is council-initiated. He said this type of vacation requires action by the council to first open a public hearing. Roll call vote; the motion carried unanimously, 7:0. Mayor Obie formally opened the public hearing. Mr. Kruse said the alley is used several hundred times each day by cars. He said he is in favor of not vacating the alley and is willing to assume any costs connected with leaving it unvacated. e MINUTES--Eugene City Council January 27, 1988 Page 3 e e . Mayor Obie asked what the alley is used for. Mr. Kruse said the Black Forest Tavern, located at the north end of the alley, uses the alley for rear access. L & M Sheet Metal is located across the alley from the tavern. He said the sheet metal business is currently being sold and he anticipates an automotive repair shop will be the next tenant. Pizza Pizza Italian Kitchen is located south of the tavern and also uses the alley for rear access. Next to the pizza restaurant is Northwest Mexican Foods that has approximately ten vehicles a day using the alley. Next to the Mexican restaurant is Reilly's Oak Furniture which also has a significant amount of traffic. Mr. Kruse said he owns the property on the entire west side of the alley. In response to a question from Ms. Schue, Mr. Kruse said it is not possible to drive through from 26th to 27th Avenue. Mr. Kruse added he also has an easement for a roadway on the east side of the alley. Sid Martin, 26401 Petzold Road, Veneta, said he owns the property on the east side of the alley. He speculated the original reason for vacating the alley was because it is a dead end. Mr. Martin said Mr. Kruse's tenants use the alley and Mr. Martinis property for parking. He questioned whether using the alley for parking is an appropriate use. Mr. Martin added he is suprised that Mr. Kruse wants to keep the alley open since it is already blocked by one of his tenantls structures. Mr. said it is his understanding that the original error could be corrected without initiating a new vacation motion. Mayor Obie closed the public hearing. Mr. Croteau said he researched the records but found almost no written rationale for the original vacation ordinance. He said alleys are typically used to provide properties with rear-loading access and some limited transportation access. Mayor Obie asked if there has been any change in the physical nature of the alley since 1964. Mr. Croteau said there has been no change from the City's perspective. Ms. Schue asked for an explanation of the differences between alleys and easements. Mr. Croteau said an alley is owned by the City and used for access purposes. An alley is not to be used for parking or storage. An easement is the right to use private land for other purposes, such as utilities. He said easements are also used for access purposes. Ms. Schue asked if a City access easement to the businesses will still exist if the alley is vacated. Mr. Croteau said the City is only retaining an easement for public utilities. He said access to the properties is already provided through a private easement. Mr. Croteau said the alley would be divided in half between the properties on the east and west if it was vacated. MINUTES--Eugene City Council January 27, 1988 Page 4 e Mr. Gleason said it was his understanding that the alley was already vacated except for a small portion that was mistakenly not included. Mr. Croteau said the "meets and bounds" legal description is vague because it does not encompass the entire vacation area. In response to a question from Mr. Rutan, Mr. Croteau said the 1964 ordinance does not have to be reenacted because it was never recorded. Mr. Rutan asked about the potential negative impacts on Mr. Kruse's tenants. Mr. Croteau said the tenants will still have access, although they might not have as much room for ingress and egress. Mr. Rutan said he is concerned that action by the council could result in the tenants not being able to reach their back doors. In light of the issues raised at the public hearing, Mr. Croteau recommended the council postpone action to a later date to allow staff to further research the matter and notify those property owners who will be affected. Mr. Holmer moved, seconded by Ms. Bascom, to delay any action and readvertise the public hearing. Roll call vote; the motion carried unanimously, 7:0. e III. NUCLEAR FREE ZONE ORDINANCE City Manager Mike Gleason introduced the item. Glen Potter, Intergovernmental Relations, presented the staff report. He reviewed the instructions from the council at its January 20, 1988, meeting that staff prepare two draft advisory questions. One would ask voters to choose between two nuclear free zone ordinances. The other would ask voters to consider whether Eugene should be a nuclear free zone and, if so, which version they prefer. Mr. Potter said there is a possibility that the nuclear free zone advisory question might be eliminated from the May ballot if there are too many other measures. If this occurs, the City would have to pay approximately $3,000 for a tabulation of a paper ballot. Mr. Holmer asked when the advisory ballot language would be finalized. Mr. Sercombe reviewed for councilors that they need to first pass a general ordinance that empowers them to ask for an advisory vote. Then, the council would pass a resolution putting the advisory questions on the ballot. He said it is his opinion an adivsory vote can be structured to ask beyond "yes/noll questions. He said he has not resolved the complications raised by the State Attorney Generalis Office last week. He reiterated comments from Dave Spriggs, Lane County Elections Office, that legal measures take precedence over advisory votes on the ballot. e MINUTES--Eugene City Council January 27, 1988 Page 5 e e e Ms. Wooten said she has received several calls from citizens confused about why the council must phrase the nuclear free zone questions as advisory votes. Mr. Sercombe explained that State law regulates how questions are phrased on ballot titles. That law allows only questions that can be answered with lIyesll or "no.1I He said this means the council cannot ask voters an "either/or" question. He said it is his opinion the State requirements do not apply to advisory votes. Mr. Miller asked if it is still possible for the council to ask in a binding vote if voters favor any nuclear free zone and then use that outcome to determine which versions will be adopted. Mr. Sercombe said the council always has the option after an election to pass or rescind an ordinance. He said the question of whether voters want any nuclear free zone seems more like an advisory vote question. In response to a question from Ms. Wooten, Mr. Sercombe said the council can adopt a statement of intention to abide by the outcome of the advisory vote. Ms. Wooten said she would like the council to adopt such a statement. Ms. Bascom said it is unwise for the council to reconsider whether there should be any nuclear free zone. She said such a question makes a mockery of the original vote. She said people wishing to repeal the ordinance have the option of an initiative process. Mr. Rutan said the issue before the council is to determine what information it wants from the vote, and how to make that understandable to the average voter. He said the council is too concerned with the possible statistical outcomes of a yes/no vote. He said if there are enough people who support the ordinance, they will make a choice of one version over the other. He said he supports the move to ask voters if there should be any nuclear free zone ordinance at all. Mr. Miller said the whole question should be asked again because the council and the task force were unable to reach a compromise on which version to support. Ms. Wooten said it is unfair to ask voters to restate their original position because some people do not want the law. Ms. Schue said she agrees with Ms. Bascom and Ms. Wooten that the decision whether Eugene should be a nuclear free zone has already been made. She said she supports the advisory ballot that asks voters to choose between two versions of the ordinance. Mr. Holmer moved, seconded by Mr. Rutan, to call for an advisory ballot for May 17, 1988, on the Eugene nuclear free zone issue. Mr. Bennett reminded the council it still has the opportunity to enact a nuclear free zone ordinance that would alleviate the need for any ballot measures. MINUTES--Eugene City Council January 27, 1988 Page 6 ~ Mr. Miller asked what the probability is that the advisory vote will have to be done on a paper ballot. Mr. Sercome said it is difficult to predict how many measures will be on the ballot. He said the filing deadline is March 17, 1988. Mayor Obie noted the City has already spent over $100,000 studying the issue. In addition, it will cost the City $40,000 annually if a broad ordinance is enacted. He said $3,000 for a paper ballot is a small amount considering what has already been spent. Mayor Obie said he is in favor of an advisory ballot, and added the council is keeping its integrity by referring the issue back to voters. Roll call vote; the motion carried unanimously, 7:0. Mr. Holmer moved, seconded by Mr. Rutan, that the advisory ballot ask voters to indicate whether they wish to have a nuclear free zone ordinance in effect in Eugene and, if so, to indicate a preference for either Ordinance Proposal A or Ordinance Proposal C. Ms. Bascom said what needs to be clarified is the scope of the proposal. She said she would like the scope question to be answered and not the question of the nuclear free zone itself. e. Ms. Wooten urged the other councilors to vote no on the motion because it violates the spirit of the original nuclear free zone law. Mr. Miller said the motion does not break faith with the voters, and placing such a label on the council is unfair. He said asking the voters again if they favor a nuclear free zone is a more straightforward way to question the community about what it supports. Ms. Schue said the motion before the council would be appropriate if the community had never voted on the nuclear free zone issue. But since the community has already approved a nuclear free zone, she said she will oppose the motion. Mr. Bennett said he supports the motion because voters deserve a chance to vote again on the issue in light of all the new information that has been disseminated. He said it would be doing the community a disservice not to allow it to review its earlier decision. Mayor Obie said he is also in support of the motion. He said the council is keeping faith with voters by referring the entire issue back to them. Roll call vote; the motion carried 4:3 with Councilors Holmer, Bennett, Miller, and Rutan voting aye, and Councilors Bascom, Wooten, and Schue voting nay. e Mayor Obie noted the council has always tried to achieve consensus on the issue. MINUTES--Eugene City Council January 27, 1988 Page 7 4It Ms. Wooten urged the council to drop an earlier suggestion to repeal the existing ordinance prior to an election. Mayor Obie said he supports Ms. Wooten's position. Mr. Bennett said he has received a great many telephone calls regarding the nuclear free zone. He apologized for not being able to return all calls, but said he appreciates the communityls interest in the matter. IV. STATUS REPORT OF DISCUSSIONS CONCERNING CHANCELLOR'S OFFICE RELOCATION City Manager Mike Gleason introduced the item. Linda Lynch, Intergovernmental Relations, presented the staff report. The Board of Higher Education has appointed a subcommittee to investigate the possibilities of moving the Chancellor's Office from Eugene to Portland or Salem. The subcommittee met Monday and is scheduled to meet again in two weeks. e Ms. Lynch said subcommittee reports released at the Monday meeting indicate moving the Chancellor's Office is an expensive undertaking. Ms. Lynch said the board has held similar discussions periodically since 1937. The Chancellor's Office has been located at the University of Oregon since 1932, and there does not appear to be any overt political pressure to relocate it. Mayor Obie called the council's attention to two letters he has drafted to send to Governor Neil Goldschmidt and Robert Adams, chairman of the Subcommittee on Chancellor's Office Relocation, opposing any relocation of the Chancellorls Office. He said it is important for the council to voice a strong opinion about where the seat of higher education is located. Mayor Obie said he asked Governor Goldschmidt a week ago to bring the matter to a close. Mayor Obie said the governor responded that it is not his issue and he is not behind any move to relocate the Chancellor's Office. Mr. Holmer reminded the council about his past employment in the Chancellor's Office. He said the issue of moving the office to Salem has arisen numerous times before. He said he does not want the council to overreact to the boardls appointment of a subcommittee to explore the relocation issue. He said he agrees with sending letters, although he said the council should not take a formal stand on the matter. He added he is confident the Chancellorls Office will not be relocated. Mayor Obie said he is not so confident the relocation will not occur. He said his original motion was that the council formally oppose any relcation of the Chancellorls Office. - Ms. Bascom suggested adding to the letter the argument that it is MINUTES--Eugene City Council January 27, 1988 Page 8 - important to have the Chancellorls Office located where there is a long tradition of higher education. Ms. Schue said it is important for the Mayor to have the formal support of the council on the issue. Mr. Holmer moved, seconded by Ms. Bascom, that the City Council officially oppose all proposals to relocate the Office of the Chancellor of the State System of Higher Education and that the Mayor communicate with the State Board and the Governor stating the City's opposition to such a move. Roll call vote; the motion carried unanimously, 7:0. V. RECOMMENDATION FROM BOXING COMMISSION City Manager Mike Gleason introduced the item. Mayor Obie said two members of the audience have requested to speak on the issue. However, he said the agenda item is not open to public hearing. e Kim Larson, Boxing and Wrestling Commission, said the commission is turning over to the City $7,089.63 as the final payment of taxes collected by the commission. He said the commission recommended that $855 in taxes paid by the University of Oregon for its Pro Wrestling Card fundraiser be returned to the University. He said the commission recommended that the remainder of the 40 percent designated for amateur athletics ($1,981) go to the Parks and Recreation Trust Fund to be used as needed by the West Eugene Boxing Club youth program. The commission also asked that the council urge those veterans' organizations receiving the remaining 60 percent to consider using the money to support local youth programs. The veterans' organizations that will receive the $4,253.63 are American Legion Post #3, Amercian Legion Post #161, Veterans of Foreign Wars #293, and World War I Barracks #33. Mayor Obie thanked the members of the commission for their time and effort. He said a council subcommittee has suggested that a subcommittee on civic emergencies be created to follow up on recommendations like that of the Boxing Commission. VI. CALL FOR PUBLIC HEARING FOR MARCH 14, 1988, REGARDING STREET VACA- TION (MOUNT CALVARY CEMETERY) (SV 87-4) City Manager Mike Gleason introduced the item. CB 3019--An ordinance calling a public hearing for March 14, 1988, to consider vacation of a portion of Loma Linda Lane west of Willamette Street and south of Crest Drive. e Mr. Holmer moved, seconded by Ms. Ehrman, that the bill be MINUTES--Eugene City Council January 27, 1988 Page 9 e 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 Bill 3019 was read by council bill number only. Mr. Holmer moved, seconded by Ms. Bascom, 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. 19532). VII. CITY COUNCIL MINUTES: DINNER/WORK SESSION OF NOVEMBER 16, 1987; DINNER/WORK SESSION OF DECEMBER 8, 1987; AND MEETING OF JANUARY 4, 1988 Mr. Holmer moved, seconded by Ms. Bascom, to approve the City Council meeting minutes of November 16, 1987; December 8, 1987; and January 4, 1988. Roll call vote; the motion carried unanimously, 7:0. The meeting was adjourned at 1:16 p.m. to February 1, 1988. Respectfully submitted, e .~~ Micheal Gleason, City Manager (Recorded by Todd Nissen) mnccbc012788 e MINUTES--Eugene City Council January 27, 1988 Page 10