HomeMy WebLinkAbout03/06/1989 Meeting (2)
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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
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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.
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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.
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MINUTES--Eugene City Council
March 6, 1989
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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.
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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
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March 6, 1989
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~ 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.
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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
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MINUTES--Eugene City Council
March 6, 1989
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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.
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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
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March 6, 1989
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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
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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
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MINUTES--Eugene City Counci 1
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abstaining from voting on the December 19 meeting which he did
not attend.
The meeting was adjourned at 8:33 p.m.
Respectfully submitt~,
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(Recorded by Mary Feldman)
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MINUTES--Eugene City Council
March 6, 1989
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