Loading...
HomeMy WebLinkAbout11/07/1988 Meeting (2) e M I NUT E S Eugene City Council Council Chamber--City Hall November 7, 1988 7:30 p.m. COUNCILORS PRESENT: Cynthia Wooten, Ruth Bascom, Robert Bennett, Debra Ehrman, Freeman Holmer, Jeff Miller, Roger Rutan, Emily Schue. The regular meeting of the Eugene City Council was called to order by His Honor Mayor Brian B. Obie. I. PUBLIC FORUM Mayor Obie welcomed those attending the meeting and said the council has a mandatory adjournment time of 10:30 p.m., unless extended by majority vote of the council. Mayor Obie said the public forum is an opportunity for people to express opinions and provide information to the council about issues that are not scheduled for council consideration. He said the council will not respond immediately to the concerns expressed in the public forum. e Bob Berkley, 2745-1/2 Lincoln Street, spoke as a representative of Oregonians for Clean Air, an organization whose objective Mr. Berkley described as the condemnation and cessation of field burning. Mr. Berkley presented a petition signed by 700 citizens to the council and asked for a response. He referred to a letter from the Mayor of Corvallis to the Governor which he said presented a reasonable position on the field burning issue. Mayor Obie responded that the City Council Legislative Committee is addressing the issue of field burning. Mayor Obie was unsure whether public hearings were scheduled. II. PUBLIC HEARING: ORDINANCE CONCERNING AN ALLEY VACATION REQUEST LOCATED BETWEEN 10TH AND 11TH AVENUES AND PEARL AND HIGH STREETS (SELCO CREDIT UNION) (AV 88-1) City Manager Micheal Gleason introduced the item. Jerry Jacobson, Planning Department staff, presented the staff report. Mr. Jacobson explained that Selco Credit Union requested the council's approval of an alley vacation to allow construction over the alley of a building corridor to link Selco's current structure with a planned office structure to be located north of the alley. Under the proposed vacating ordinance, the alley would continue to function as an access-way for use by the general public. e MINUTES--Eugene City Council November 7, 1988 Page 1 e Mr. Jacobson reported that the Downtown Commission had reviewed the request and recommended the council's approval. One letter was received from Benjamin Franklin Savings and Loan. No objections were expressed as long as an easement is reserved for public access. Responding to Ms. Ehrman's inquiry, Mr. Jacobson said the vacation would be permanent, but an easement would be reserved. The alley would continue to function as an alley, but a building would occupy the space over the alley. Answering questions from Mr. Bennett about why a vacation would be preferable to granting a permanent easement, Mr. Sercombe explained that when the City owns the alley, it also owns the air space above the alley. The vacation process allows public comment and participation and also gives the property owner some share in the responsibility for maintenance. Mr. Sercombe explained that there is no procedure for vacating a partial interest in a street or alley right-of-way. A procedure does exist for vacating all of the City's interests while retaining an easement. Mr. Sercombe continued by noting the unpopularity of a revocable permit procedure among property owners. Objections to the revocable permit option resulted in using the vacating procedure in a project at Sacred Heart Hospital. Mr. Jacobson agreed with Mr. Rutan that the vacation process would be more expensive for the applicant than would the revocable permit process. He said the applicant would be responsible for the vacation fee as well as an assessment for the alley, while the revocable permit process has no fee. e Mayor Obie opened the public hearing. Jim Saul, 111 West 7th Avenue, spoke on behalf of Selco Credit Union. Mr. Saul introduced members of the Selco board and its chief executive officer. Mr. Saul explained that Selco was seeking vacation because the City has no present mechanism for granting air rights above a street or alley. He said the revocable permit process could not be extended to incorporate the proposed development and allow vehicular traffic in the area. Mr. Saul noted that the proposed expansion is critical to Selco's business and he urged council approval. Gerald J. Resheske, 2730 Chad Drive, spoke as the branch manager of the Benjamin Franklin Savings and Loan. He read a letter from the Benjamin Franklin to Jerry Jacobson that acknowledged receipt of the notice of proposed vacation. The letter indicated no objection to the alley vacation so long as there is reserved for the general public an easement for ingress and egress and the use of the alley by Benjamin Frankline customers is uninterrupted. Restriction of vehicle traffic in the alley would impose a hardship on the Benjamin Franklin. Mr. Resheske asked that the letter be entered as part of the public record. There being no more requests to testify, Mayor Obie closed the public hearing. e MINUTES--Eugene City Council November 7, 1988 Page 2 e Ms. Bascom asked whether Selco could limit alley traffic to one-way. Mr. Sercombe answered that the easement would reserve control over auto traffic to the City. Mr. Jacobson answered Ms. Ehrman's inquiry about adequacy of the alley's clearance height by saying the Fire Department had requested a clearance of 13 feet, six inches and that is indicated in the vacating ordinance. Mr. Bennett welcomed Selco Credit Union's expansion, but he continued to question the process being employed. Ms. Ehrman commented that the alley is occasionally congested. She noted that access was to be preserved so it appeared that the concerns expressed by the Benjamin Franklin would be allayed. Mayor Obie asked Mr. Saul if financial considerations made ownership of the alley more attractive than an easement. Mr. Saul observed that it would be to the applicant's advantage financially not to go through the vacation proceeding, but code structure leaves that proceeding as the only option available. Mr. Gleason pointed out that State statute requires any release of rights of the street to be through vacation which requires a public process. Mr. Bennett urged caution in situations in which an easement is taken back. He said additional pressures on the area in the future could pose a difficult e problem. CB 4105--An ordinance vacating the eastern half of an east-west alley located between 10th and 11th avenues and Pearl and High streets. Ms. Wooten moved, seconded by Ms. Bascom, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. The motion carried unanimously, 8:0. Council Bill 4105 was read the second time by council bill number only. Ms. Wooten 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. 19582). e MINUTES--Eugene City Council November 7, 1988 Page 3 -- --~ e III. LEGISLATIVE COMMITTEE MINUTES OF OCTOBER 25, 1988 Linda Lynch, Intergovernmental Relations Division Manager, noted that a draft set of legislative policies and a "Regional Short List" of legislative priorities were attached to the minutes being considered for approval. She explained that the short list was intended to expand the "united front" coalition that had developed around transportation issues. The list of legislative priorities represents an early statement of the City's legislative agenda and she considered it a tool to guide her lobbying efforts. Ms. Lynch stressed that additional concerns would be identified during the course of the legislative session. Mr. Bennett asked about a building access issue and Ms. Lynch said staff work on that issue is incomplete so the Legislative Committee has not yet considered it. Mr. Holmer commended staff and the committee on the draft legislative policies. He commented that the systems development charge policy was appropriate. Ms. Schue invited additional council input on the draft policies. She said the field burning issue would come before the full council for direction. Ms. Wooten moved, seconded by Ms. Bascom, to approve the minutes of the October 25, 1988, meeting of the Council Legislative Committee. The motion passed unanimously, 8:0. e IV. ORDINANCE AMENDING THE UNIFORM FIRE CODE City Manager Micheal Gleason introduced the item. He explained that a clerical error in the preparation of Ordinance No. 19498 had omitted a new subparagraph regulating the water supply required for certain public buildings. The proposed ordinance corrects that error and makes it clear that the only change to Section 10.301 of the Uniform Fire Code is the addition of a new subparagraph (f). CB 4106--An ordinance concerning the Fire Code; amending Section 8.200 of the Eugene Code, 1971; and declaring an emergency. Ms. Wooten moved, seconded by Ms. Bascom, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. The motion passed unanimously, 8:0. Council Bill 4106 was read the second time by council bill number only. e MINUTES--Eugene City Council November 7, 1988 Page 4 e Ms. Wooten 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. 19583). V. SEGREGATION OF ASSESSMENT FOR PROPERTY LOCATED ON THE EAST SIDE OF RIVER ROAD BETWEEN BRIARCLIFF ROAD AND CROCKER LANE (LANE COUNTY DEPARTMENT OF PUBLIC WORKS) (SE 88-2) City Manager Micheal Gleason introduced the item. Ms. Wooten moved, seconded by Ms. Bascom, to approve the segregation of assessment for property located on the east side of River Road between Briarcliff Road and Crocker Lane. In response to a question from Mr. Bennett, Mr. Gleason explained that when land that has previously been assessed is being divided, there is a requirement to separate the assessment in an appropriate manner according to statute and ordinance guidelines. The motion passed unanimously, 8:0. VI. APPOINTMENTS: NOMINATION FOR THE BUDGET COMMITTEE e City Manager Micheal Gleason introduced the item. He noted that Ms. Ehrman and Ms. Bascom both had presented nominations for the council to consider. Ms. Wooten moved, seconded by Ms. Bascom, to appoint Joan Rich and Katherine Eaton to the Budget Committee for a term ending December 31, 1991. The motion carried unanimously, 8:0. VII. APPOINTMENTS: NOTIFICATION OF MAYOR'S APPOINTMENTS TO THE LINCOLN SCHOOL ADVISORY COMMITTEE Mayor Obie informed the council that Thomas Anderson, Maura Johnson, Sue Prichard, Patrick Robertson, Ted Allen, Glen Rea, and Jamie Counard had been appointed to the Lincoln School Advisory Committee. Ms. Wooten said she was confident that the committee would develop a meaningful recommendation for the future use of Lincoln School. She reviewed the charge to the committee as being to advise staff on the framework for requests for proposals to developers for the use of the school. Mr. Rutan commented that he hoped the committee would provide ideas in a framework that would be affordable. Ms. Wooten pointed out that the council had not limited the number of requests for proposals and several private sector proposals for different uses could be received. e MINUTES--Eugene City Council November 7, 1988 Page 5 e VIII. APPOINTMENTS: NOTIFICATION OF MAYOR'S APPOINTMENT TO THE COUNCIL COMMITTEE ON ECONOMIC DIVERSIFICATION Mayor Obie announced Ms. Bascom's appointment to the Council Committee on Economic Diversification. Mr. Gleason called councilors' attention to a draft report from County Administrator Jim Johnson, School Superintendent Margaret Nichols, and him that was included in the agenda packets. Mayor Obie informed the council that a recommendation on the Ferry Street Bridge Design Review Committee would be completed soon. He said seven men and seven women would be appointed and David Dix and Mr. Holmer were among those being considered. Mr. Bennett observed that the Ferry Street Bridge issue has a critical effect on the wards represented by Mr. Holmer and himself. He suggested that the representative councilors should serve automatically. Mr. Bennett indicated that his desire to participate in the Willakenzie Refinement Plan led to his request for appointment. Mayor Obie responded that the funding sources require that certain qualifications be met. Answering Ms. Ehrman's question, Mayor Obie said that the possibility of State funding was related to consideration of the appointment of Representative Dix. e Mr. Holmer suggested that the chair of the Cal Young Neighborhood group should be considered for appointment to the committee. He said he would be willing to serve as an authorized observer which might simplify the Mayor's dilemma of balancing male and female members of the committee. Mayor Obie described the Ferry Street Bridge issue to be considered by the committee as one requiring a long-term involvement. He said Mr. Bennett's interest was appropriate. Mayor Obie inquired about a scheduled public hearing on the Riverfront Refinement Plan and whether the council would make a recommendation to the Hearings Official. Mr. Gleason said that as an urban renewal authority, the council would be a partner in a development agreement. As a City Council, a public hearing could be held. He said he would respond with a memorandum on how the City officially passes its request on to the Hearings Official without creating a land use decision. The meeting was adjourned at 8:10 p.m. to November 9, 1988. e MINUTES--Eugene City Council November 7, 1988 Page 6 e Respectfully submitted, /i ~ ~? /. .------ - , -. .. - . .......'"'l" . ... y" ..,',',.'......' _.>'" ...' .~,>' 'Y ,;1i,ch~a+ ~"~a;s~n<~<:'~-';:"-'~<<- ~ ty Manager'" (Recorded by Mary Feldman> mncc 110788-730 e e MINUTES--Eugene City Council November 7, 1988 Page 7