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HomeMy WebLinkAbout03/06/1989 Meeting (2) e e e M I NUT E S Eugene City Council Council Chamber--City Hall March 6, 1989 7:30 p.m. COUNCILORS PRESENT: Ruth Bascom, Robert Bennett, Shawn Boles, Debra Ehrman, Bobby Green, Freeman Holmer, Emily Schue. COUNCILORS ABSENT: Roger Rutan. The regular meeting of the Eugene City Council was called to order by His Honor Mayor Jeff Miller. I. PUBLIC FORUM ( Mayor Miller 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 Miller 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. Russ Farley, 44 Club Road, spoke as Community Relations Manager for US West Direct. Mr. Farley presented a telephone book to the council and called attention to the inside back cover of the book. The donated space represented his company's partnership with businesses of the Eugene/ Springfield area. Mayor Miller thanked Mr. Farley and US West Direct for contributions to the business community. II. PUBLIC HEARING: AGREEMENT TO TRANSFER ELECTRIC SERVICE PROVISION IN THE WILLOW CREEK AREA FROM LEC TO EWEB City Manager Mike Gleason introduced the topic. Susan Brody presented the staff report. Ms. Brody described the agreement before the council as one reached by representatives of Eugene Water & Electric Board (EWEB), Lane Electric Co-operative (LEC), and the City of Eugene as the result of a six-month negotiation process begun folloWing the City Council's August 8 passage of an ordinance authorizing the acquisition by condemnation of LEC's facilities in the Willow Creek area. The proposed agreement transfers electric service in the area from LEC to EWEB and provides compensation to MINUTES--Eugene City Council March 6, 1989 Page 1 e LEC for the value of its existing facilities in the transferred area and for other facility costs relating to the transfer. EWEB would begin providing service to the area no earlier than October 1989. The proposed agreement also provides LEC with payments of eight percent of revenues from the area for 20 years and stipulates that there will be no other boundary changes sought with LEC for 25 years without LEe's consent. Mayor Miller opened the public hearing. Charles Fadeley, 1399 Franklin Boulevard, spoke as a representative of Lane Electric Co-operative. Mr. Fadeley did not speak for or against the agreement because he said there continue to be what he considered important, substantial, and material disagreements about the language of the proposed agreement. Jim Saul, 111 West 7th Avenue, spoke as the representative of the owners of the Willow Creek Industrial Park (approximately 50 percent of the area encompassed in the proposed transfer). Mr. Saul spoke in support of the transfer of electric service from LEC to EWEB and indicated appreciation for the work of the three parties in reaching the proposed agreement. There ,being no further requests to speak, Mayor Miller closed the public hearing. e Ms. Brody indicated that paragraph eight of the agreement contained the disputed language referred to by Mr. Fadeley. City Attorney Tim Sercombe added that additional minor modifications relating to editorial style had been agreed to by all three parties. Responding to Mr. Bennett1s inquiry, Mr. Fadeley said the draft agreement before the council contained several changes and all but one change in paragraph eight had been agreed to by counsel for the City. Mr. Bennett requested advice from Mr. Sercombe regarding the additional changes. Mr. Sercombe indicated that the disagreements remaining would not materially change the intent of the agreement and were more textual than substantive. The City's primary obligations under the agreement are to reduce the in-lieu-of-tax payments and to respect the boundary line that has been drawn, and the changes being considered would not affect those obligations. Ms. Ehrman supported the agreement as an alternative to the cond~mnation action. Ms. Schue expressed approval for resolving disagreement without going to court or seeking a legislative settlement. Ms. Bascom noted that the City had made a significant compromise by giving up revenue in order to avoid a prolonged court action. Mayor Miller commended the involved parties for undertaking a process which demonstrates that public bodies can cooperate. e MINUTES--Eugene City Council March 6, 1989 Page 2 e Ms. Bascom moved, seconded by Ms. Schue, to authorize the City Manager, subject to the approval of EWEB, to execute the agreement before the council with the Eugene Water & Electric Board and Lane Electric Co-operative relating to the change in the electric service boundary in Willow Creek and compensation for the change. The motion passed unanimously, 7:0. III. CONSIDERATION OF ALTERNATIVES CONCERNING EUGENE'S NUCLEAR FREE ZONE City Manager Mike Gleason introduced the item. Councilor Boles explained that he and Councilor Green share the opinion that the current ordinance does not reflect the voters' desire for a strong nuclear free zone ordinance. He said an initiative for a charter amendment will come before the voters no later than May 1990. The memo submitted by councilors Boles and Green proposed three alternatives for council consideration. Mr. Boles maintained that adoption of the minimally revised version (MRV) of the ordinance would represent a conciliatory gesture on the part of the council and would reduce support for the initiative. Mr. Boles said the language of the MRV would be satisfactory to supporters of the 1990 initiative. He said advantages of the MRV include the fact that it takes into consideration constitutionality issues, has a strength of language that moves beyond a token gesture, has an appointed rather than elected board, and would be an ordinance rather than a charter amendment. e Mr. Boles reported that Mr. Rutan requested that the issue be held over until he could be present. Councilors agreed to delay their consideration of the nuclear free zone issue. IV. EXTENSION OF THE TAX DIFFERENTIAL PLANS IN THE RIVER ROAD, SANTA CLARA, AND HIGHWAY 99 AREAS City Manager Mike Gleason introduced the item. Cathy ezerniak, Planning, Development, and Building Department, reported that the resolutions before the council would extend the tax differential plans for one additional year. Extension of these plans will allow a continuation of the existing program until a determination is made for a future direction of the annexation program. Staff is awaiting information from the Department of Environmental Quality (DEQ) on possible actions that may be taken with regard to sewer connections in the River Road and Santa Clara areas. Referring to findings contained in council resolutions, Mr. Holmer asked about the implications of stating that the council finds that lIeity staff considers the tax differential plans an important part of the annexation program and has recommended they be extended for an additional year. . .11 He wondered if findings being staff's recommendations reduces the council1s responsibility for them. Mr. Sercombe responded that by adopting the resolutions, council would not be limiting its discretion nor committing . MINUTES--Eugene City Council March 6, 1989 Page 3 ~ itself by the wordage. He did consider the language somewhat superfluous and said a more direct statement would be liThe tax differential plans are an important part of the City's annexation program." Res. No. 4114--A resolution extending the tax differential plans for the River Road and Santa Clara areas, and amending Resolution No. 4059. Res. No. 4115--A resolution extending the tax differential plan for the Highway 99 industrial area, and amending Resolution No. 4060. Ms. Bascom moved, seconded by Ms. Ehrman, to adopt the resolutions. Roll call vote; all councilors present voting aye, the motion passed unanimously, 7:0. V. RESOLUTION TO PROHIBIT THROUGH TRUCKS ON FAIRWAY LOOP City Manager Mike Gleason introduced the item. e Councilor Bennett said he had been involved in development work on Eastwood Lane and he is associated with the company that continues to own the undeveloped portion of Fairway Loop which is the property adjacent to the current R-2 residential development along Eastwood Lane. While he has no financial interest, Mr. Bennett said he is the property manager of record for the Eastwood Condominium development. Mr. Sercombe said it was appropriate for Mr. Bennett to declare a potential conflict of interest, but he would not be precluded from voting because he does not have a direct financial interest. Ms. Bascom asked that Mr. Bennett share his views on the issue, but she requested that he refrain from voting. Brant Williams, Transportation Division, reported that residents are disturbed by through traffic and delivery vehicles on streets in the area. Long-term solutions to the problems will best be found through the Ferry Street Bridge study. The resolutions before the council will provide interim improvements by eliminating on-street parking in the area of Eastwood Lane adjacent to Reed and Cross; providing Reed and Cross access from Southwood Lane; and eliminating through truck traffic on Eastwood Lane, Westwood Lane, and Fairway Loop. Responding to Ms. Ehrman1s recommendation for appropriate sign placement where traffic exits the freeway, Mr. Williams said that Southwood is a State highway and a request as been made that it be designated as a no through truck route. Expressing appreciation to staff, Mr. Holmer pointed out that the resolutions under consideration represent a small step in the Ferry Street Bridge project and he expressed hope that the residential character of Eastwood Lane can be e MINUTES--Eugene City Council March 6, 1989 Page 4 e retained. While he urged adoption of the resolutions, Mr. Holmer again called the council's attention to the findings which state what staff recommends and he encouraged the council to make direct findings in the future rather than adopting the findings of staff. Res. No. 4116--A resolution prohibiting through motor truck travel on Fairway Loop between Southwood and Oakway Road, and Eastwood Lane and Westwood Lane between Fairway Loop and Oakway Road. Ms. Bascom moved, seconded by Ms. Schue, to adopt the resolution. Roll call vote; the motion passed 6:0:1, with Councilor Bennett abstaining. VI. PROPERTY TAX EXEMPTION FOR WOMENSPACE AND CHICANO AFFAIRS CENTER eity Manager Mike Gleason introduced the item. Richie Weinman, Planning, Development, and Building Department, reported that following the council's February 13 adoption of an ordinance permitting the City to annually provide a property tax exemption to providers of low-income housing, Women space and the Chicano Affairs Center applied for the exemption prior to the March 1 deadline. He described the agencies as worthy and said their applications fulfilled all the requirements of the ordinance. e Before the tax exemptions can take effect, State statute requires that the City Council adopt a resolution specific to each organization. Res. No. 4117--A resolution exempting real property from ad valorem property taxes of the City of Eugene (pertaining to Womenspace, Inc.). Res. No. 4118--A resolution exempting real property from ad valorem property taxes of the City of Eugene (pertaining to Chicano Affairs center). Ms. Bascom moved, seconded by Ms. Schue, to adopt the resolutions. Roll call vote; the motion passed unanimously, 7:0. VII. 1989 FEDERAL PRIORITIES DOCUMENT City Manager Mike Gleason introduced the item. Jody Miller, Intergovern- mental Relations Division, reported that the council.s approval of the Federal priorities will enable those councilors traveling to Washington, DC for the National League of Cities (NLC) convention to lobby the issues with the Federal delegation and agencies. Ms. Miller reviewed the "short list" being recommended by the Legislative Committee, which includes wetlands study, Federal judge, EPA revolving loan funds for collector sewers, the e MINUTES--Eugene City Council March 6, 1989 Page 5 e e e airport runway extension, University of Oregon housing research, and transfer of the Lane Transit District (LTD) Garfield site to School District 4J. Ms. Miller explained that the top priorities are Eugene-specific, have a high financial impact, and will be the focus of lobbying efforts. She identified other issues that are not Eugene-specific but are important to the City as the Library Services and Construction Act, housing legislation, drug abuse funding, and funding for mass transit. Ms. Bascom indicated particular interest in housing research issues and in the possibility of funding for an off-street downtown transfer station and encouraged those making the trip to pursue these issues. Ms. Schue pointed out that John Moseley of the University and Phyllis Loobey of LTD also will be in Washington and will work on both issues. Mr. Boles commented that housing research should be integrated with those concerns addressed by the Social Goals Committee. Regarding mass transit, he stressed the importance of seeking funding for alternative transportation modes. Mr. Boles expressed concern with problems of timing in generating lists like the one being considered. Ms. Ehrman pointed out that the proposed list commits considerable effort to issue~, important to other agencies in the community. Mr. Holmer said that generation of a list as an annual activity to tie in with the NLC meeting seems irrelevant to getting adequate funding for projects such as the cable system on which there is council agreement. Ms. Bascom responded that important projects require considerable discussion and time to move up on the priority list. She discouraged councilors from formal lobbying for a cable car system (an idea discussed at the council.s recent goals session) at this time because other issues have already been identified as this year1s priorities. Mr. Boles said he hoped to work with other jurisdictions sometime in the future to approach the Federal government for a planning grant. He said this is a time of transition and it is important to act while resources are available. Mr. Bennett supported Mr. Boles's position regarding the need for alternative transportation downtown and he considered it appropriate to explore whether a project is feasible. Mr. Bennett asked that the message be carried to Washington, DC that the City is addressing housing issues but needs help in doing so. Mayor Miller explained that the list of priorities to be taken to Washington is purposely limited and he urged councilors to devote their time and attention to what the council has agreed are priority issues. He asked the council to decide whether the cable car idea should be identified as one of those priorities at this time. MINUTES--Eugene City Council March 6, 1989 Page 6 e While she supported further exploration of the cable car idea, Ms. Schue preferred discussing it with LTD and with our lobbyists before deciding whether to make it a priority to be lobbied in Washington. Ms. Miller said several other transportation issues are important and because a cable car facility would likely draw on the same funding sources, she advised against creating a situation in which different priorities would be competing among themselves. She said it would not be inappropriate to discuss the issue informally in order to gather information. Ms. Bascom moved, seconded by Ms. Schue, to approve the 1989 Federal Priorities Document. Roll call vote; the motion passed unanimously, 7:0. VIII. APPOINTMENTS: CONSIDERATION OF COUNCIL SUBCOMMITTEE'S NOMINATIONS TO THE HUMAN RIGHTS COMMISSIONS Mr. Gleason recommended adopting agenda items VIII. and IX. by a single motion. IX. APPOINTMENTS: MAYOR'S NOMINATIONS TO THE SOLID WASTE AND RECYCLING BOARD AND THE LOAN ADVISORY COMMITTEE ~ Ms. Bascom moved, seconded by Ms. Schue, to appoint those nominated by the council subcommittee to the Eugene Commission on the Rights of Minorities as outlined, and to appoint the Mayor1s nominations to the Solid Waste and Recycling Board and the Loan Advisory Committee as presented. Roll call vote; the motion passed unanimously. X. APPOINTMENTS: NOTIFICATION OF MAYOR'S APPOINTMENTS TO THE HUMAN RIGHTS TASK FORCE Mayor Miller notified the council that he had made appointments to the Human Rights Task Force. XI. CITY CDUNCIL MINUTES: DINNER/WORK SESSION DECEMBER 19 and JANUARY 23, AND MEETINGS OF JANUARY 9, JANUARY 18, JANUARY 23, AND JANUARY 25 Ms. Bascom moved, seconded by Ms. Schue, to approve the City Council meeting minutes of December 19, January 9, January 18, January 23, and January 25, and Dinner/Work Session minutes of December 19 and January 23. Roll call vote; the motion carried, with Councilor Green abstaining and Councilor Boles e MINUTES--Eugene City Counci 1 March 6, 1989 Page 7 e e - abstaining from voting on the December 19 meeting which he did not attend. The meeting was adjourned at 8:33 p.m. Respectfully submitt~, ~..::r-:m~'),/ :--" - "-_:;;1-.:"/,0- ,:j." .:Y" ". '1 0 o ~o~" M' e.~,},-;glea.6o ,1:~,~.' .... , ."" City Manager (Recorded by Mary Feldman) mncc 012389-730 ( MINUTES--Eugene City Council March 6, 1989 Page 8