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HomeMy WebLinkAbout05/22/1989 Meeting (2) e e e M I NUT E S Eugene City Council Council Chamber--City Hall May 22, 1989 7:30 p.m. COUNCILORS PRESENT: Ruth Bascom, Robert Bennett (between 7:47 and 9:30 p.m.), Shawn Boles, Debra Ehrman, Bobby Green, Freeman Holmer, Roger Rutan, Emily Schue (after 8:05 p.m.). The regular meeting of the Eugene City Council was called to order by His Honor Mayor Jeff Miller. I. PUBLIC RECOGNITION Councilor Green welcomed members of Cub Scout Troupe 182 who were in the audience. Willamette High School student Bryce Ingman was introduced and recognized for his achievement in winning the 1988-89 State Forensics championship in two different competition categories (Humorous Interpretation and After Dinner Speaking). II. CONSENT CALENDAR Councilors agreed to move this item to the end of the agenda. III. PUBLIC FORUM 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. Randy Prince, PO Box 927, expressed support for students in China and asked the council to adopt a resolution stating its support for the Chinese student movement that is lIawakening China's people to the benefits of popular democracy. II MINUTES--Eugene City Council May 22, 1989 Page 1 e IV. PUBLIC HEARING: ORDINANCE CONCERNING LOCAL AND REGIONAL SEWER USER FEES City Manager Mike Gleason introduced the topic. George Jessie, Public Works Department, reported that the Metropolitan Wastewater Management Commission has reviewed regional sewer user rates and recommends a stepped-year rate schedule increasing the monthly fee for users by approximately 2.2 percent in FY90 and and 2.1 percent in FY91. The council held work sessions on the proposed revisions to the local sewer user rates on April 10 and May 10. The proposed local sewer user rates, discussed at those sessions, maintain the existing local Sewer Utility service levels plus allow for a moderate increase in the user fee support for capital projects. Staff's recommendation is to adopt the proposed ordinance changing the sewer user rates from a two-year rate to a single-year rate structure that will result in no overcharging in the first year to pay for cost increases in the second year and a smaller percentage increase in the first year for the majority of users. Staff also recommends repeal of Section 7.020 of the Code which presently sets sanitary and storm sewer rates and replacement of that section with procedures for administrative rate-making. Answering a question from Mayor Miller, Mr. Jessie said the average cost per home per month would rise to $11.51 the first year (from the present $11.04). Mr. Gleason noted that a two-year rate would still exist, with the increase being implemented sequentially. 4It Mayor Miller opened the public hearing. Randy Prince, PO Box 927, requested further consideration of the proposed increase because he maintained that a portion of the charge supports road drainage and he considered it inappropriate for sewer users to be charged for that. Mr. Prince called the rate increase a utility tax increase. He also opposed a flow-based charge because it fails to promote conservation. There being no additional requests to speak, Mayor Miller closed the public hearing. Councilors agreed to delay action on the item until May 24, 1989. V. PUBLIC HEARING: ESTABLISHMENT OF PERMANENT TRAFFIC DIVERTER ON 5TH AVENUE AT ALMADEN STREET City Manager Mike Gleason introduced the topic. Brant Williams, Transportation Division, gave the staff report. He reviewed the City's traffic diverter policy adopted by resolution (No. 2414) in 1975. A temporary diverter was installed at 5th and Almaden in November 1988 as a result of neighborhood requests and staff studies. Because a diverter in this location has been determined to meet the criteria for establishing a permanent diverter (i.e., it is effective in eliminating through traffic in a residential neighborhood thereby improving the neighborhood atmosphere; it e MINUTES--Eugene City Council May 22, 1989 Page 2 e e e separates commercial and residential activities; it will not impede pedestrian and bicycle circulation, emergency vehicle access, public service delivery, or adequate service of mass transit), staff recommends that the diverter be made permanent. Responding to Ms. Ehrman's inquiry about the impact of the Chambers Connector, Mr. Williams said the temporary diverter has been in place since the opening of the connector so there has not been a traffic count without it, but he would expect neighborhood traffic to increase significantly if it was removed. Mayor Miller opened the public hearing. Jean Reinhardt, 1433 West 5th Avenue, spoke as co-chair of the 5th Avenue Traffic Committee. She presented a letter with over 50 signatures in support of the establishment of a permanent traffic diverter. Scott Kayser, 91911 Highway 99, Junction City, identified himself as manager of Central Lane Building Supply, located west of the diverter. Mr. Kayser said the diverter makes access to his business difficult for customers coming from the east and he considered the diverter responsible for customers dis- continuing business with Central Lane. Vince LaRochelle, 1149 West 5th Avenue, urged the council to establish a permanent diverter. As a neighborhood resident, he found the resulting reduction in traffic worth the slight inconvenience caused by the diverter. Owen Kayser, 1593 West 5th Avenue, said he had lived in the neighborhood for 45 years and he thought the diverter created a hardship for property owners by making access difficult. He presented a petition opposing the diverter signed by over 470 customers of Central Lane Building Supply. Roni Coleman, 1457 West 5th Avenue, reported that the temporary diverter had improved the quality of life in the neighborhood and she strongly urged that it be made permanent. Ms. Coleman pointed out that 6th and 7th avenues are available for commercial use. Rich Snider, 1697 West 5th Avenue, identified himself as the owner of Eugene Mirror and Glass. Mr. Snider described the neighborhood as a mixture of residential and commercial property. He reported that he had spoken with an employee of the City at the diverter site and the conversation convinced him that the City had made a decision to establish a permanent diverter prior to the public hearing. Mr. Snider suggested prohibiting left turns off River Road between 7 and 9 a.m. John Burton, 1391 West 5th Avenue, supported a permanent diverter and said that major connectors can adequately handle commercial traffic. In Mr. Burton's opinion, too much emphasis is given to automobiles when establishing priorities. MINUTES--Eugene City Council May 22, 1989 Page 3 e Don Duwe, 265 Taylor, spoke as the owner of a business whose only access is from 5th Avenue. Mr. Duwe argued that it is unreasonable to purchase a home in a busy area and then attempt to change a busy street to a residential one. He maintained that traffic on 5th Avenue had been reduced as a result of the completion of improvements to 6th and 7th avenues. He encouraged the council to invest in an improved Council Chamber sound system instead of a permanent diverter. Jack Conklin, 2167 North Danebo, encouraged councilors to drive west on 5th Avenue from High Street. He considered the diverter a deterrent to customers of Eugene Mirror and Glass and Central Lane Builders Supply and he opposed its being established permanently. Lauren Heitzman, 2151 Golden Garden, identified himself as owning a business located two blocks away from the diverter and said that he had not received notice of the meeting nor had he been contacted by the Transportation Division in an attempt to determine the effect of the diverter on the area prior to a recommendation being made. He requested that consideration be given to the fact that 5th Avenue is a public street, not a private one. William Stril1zuk, 1410 West 5th Avenue, has resided in the area 48 years and while he admitted that the diverter is inconvenient, he thought its improvement of the residential area was worth the inconvenience. e Bill Snead, 2251 North 11th Street, Springfield, spoke as a Central Lane Building Supply employee who finds the diverter an impediment to business. Referring to a petition mentioned in earlier testimony, he said the 470 signatures were not solicited but were gathered by leaving the petition on a counter for customers to sign if they wished. Mr. Snead considered the diverter a hardship for businesses at the east end of 5th Avenue as well as for those closer to the diverter. Cheryle Hawkins, 1350 Bailey Avenue, expressed the support of the Whiteaker Community Council for establishing a permanent diverter. Ms. Hawkins suggested that affected businesses offer maps to their customers showing the alternative routes to their locations. Celeste Rauschert, 1473 West 4th Avenue, maintained that the diverter results in increased traffic on 4th Avenue. She suggested installing a half-diverter across Almaden that would allow 4th Avenue residents easier access to their homes. Margaret Backenheimer, 1424 West 5th Avenue, reported that traffic, trash, and damage to vehicles and shrubs have decreased significantly since the installation of the diverter and she considered the widened 6th and 7th avenues and the completion of the Chambers Connector adequate provision of access to businesses in the area. Ronald Wold, 1409 West 5th Avenue, said that without the diverter, he would expect the increase in traffic on 5th Avenue resulting from the Chambers Connector to make the neighborhood unlivable. He encouraged businesses which e MINUTES--Eugene City Council May 22, 1989 Page 4 e feel access is reduced by the diverter to encourage their customers to change habits and drive an extra block. Mr. Wold maintained that the diverter will maintain 5th Avenue as a residential street and encourage the use of 6th and 7th avenues as the arterials they were designed to be. James R. McCoy, 1190 West 5th Avenue, said that making the diverter permanent would be an excellent policy, complying with the Whiteaker Refinement Plan and helping to revitalize a central neighborhood. He encouraged the council to approve the motion under consideration. Robert Emmons, 1064 West 5th Avenue, considered the ability to exit the Chambers Connector at 5th Avenue an error in the planning process. He said the diverter helps preserve the livability of the neighborhood. Mr. Emmons suggested that a business whose customers refuse to drive an additional block may have problems not associated with access. Mike Pierson, 1026 South 39th Street, Springfield, identified himself as an employee of Central Lane Building Supply. Mr. Pierson spoke of traffic congestion increasing as a result of the diverter. He encouraged consideration of all those affected by the diverter, not just residents of the neighborhood. David Payne, resident of 5th Avenue, cited Valley River Center as an example of a situation in which difficulty of access does not deter customers. He expressed concern that the issue appeared to be one of business versus the environment, and said the objective should be that of improving livability. e There being no additional requests to speak, Mayor Miller closed the public hearing. Mr. Williams pointed out that 5th Avenue, between Blair and Chambers streets is classified as a residential street. He reported that 300 letters had been sent to property owners and residents in the area bounded by Chambers, 6th Avenue, Polk, and 2nd Avenue. Funding for the diverter has been secured as part of the Chambers Connector. Prior to construction work on Chambers Street or 6th and 7th avenues, the traffic volume on 5th Avenue east of Almaden Street was 1,600. With construction completed and the diverter installed, that volume is now about 300-400. Staff's recommendation for a permanent diverter was based primarily on the availability of access to other arterials in the area. Mr. Williams apologized for miscommunication between the Engineering and Transportation divisions regarding survey work done last week. Mr. Williams submitted three letters and a petition. Ms. Ehrman wondered whether the diverter was putting more traffic on 4th Avenue. Mr. Williams said a moderate increase was possible, but counts taken east of the diverter indicate that area traffic is now minimal for any residential street. e MINUTES--Eugene City Council May 22, 1989 Page 5 e Mr. Green asked about recommendations from Lane Transit District regarding alternative access to the area. Mr. Williams responded that LTD had no proposed routing on 5th Avenue and had expressed no concern regarding the diverter. Answering a question from Ms. Bascom, Mr. Williams said there had been discussion of a raised crosswalk in the area, but the Transportation Division and neighborhood had concluded that would have no effect on traffic movements. Responding to an inquiry from Mr. Holmer, Ms. Schue recalled a public hearing at the time the council approved the installation of a temporary diverter. She added that the council, at that time, considered a permanent diverter inappropriate until the completion of construction on 6th and 7th avenues and on the Chambers Connector. Ms. Bascom described the issue as a complicated one. While she understood people's frustration at the inconvenience of access to businesses, she considered it important to protect streets adjacent to the Chambers Connector from spill-over traffic resulting from the improved arterials. She observed that as 5th Avenue is improved in the downtown area, additional traffic will be generated off the Chambers Connector. Mr. Boles commented that a permanent diverter would help assure that 5th Avenue continues to be considered a residential street in accordance with the adopted plan. e Mr. Green recommended that businesses contact those patrons who signed the petition opposing the diverter and offer a discount if they are able to continue doing business. He maintained that if residents are willing to be inconvenienced by the diverter, merchants also should be expected to accept it. Ms. Ehrman also expressed support for the diverter, but recognized the difficulty of balancing needs in a mixed neighborhood. Mr. Holmer said Resolution No. 2414 was the basis for the administrative order being considered. While it was appropriate for that order to come before the council for approval or rejection, he found it unnecessary to conduct a public hearing on installing a temporary diverter and then to repeat the process to decide whether it should become permanent. He held the City Manager completely accountable for the decision. Ms. Schue's opinion was that arterial traffic belongs on arterial streets and residential streets are designed for the use of those living on them. She observed that the petition from those opposing the diverter appeared to be signed primarily by citizens who do not reside in the affected area. Mr. Bennett concurred with Ms. Bascom's description of the issue as complex. He recalled that at the time the widening of 6th and 7th avenues was being planned, support of residents on adjoining streets was obtained with the e MINUTES--Eugene City Council May 22, 1989 Page 6 e pledge that adjacent streets would be protected. He felt the council had no choice now but to honor that pledge by establishing a permanent diverter on 5th Avenue at Almaden Street. Ms. Bascom moved, seconded by Mr. Rutan, to approve the administrative order of the City Manager and to adopt the findings therein establishing a permanent traffic diverter on 5th Avenue at Almaden Street. Roll call vote; the motion carried unanimously, 8:0. VI. PUBLIC HEARING: ESTABLISHMENT OF PERMANENT STREET CLOSURE ON DILLARD ROAD AT FOX HOLLOW ROAD e City Manager Mike Gleason introduced the topic. Brant Williams, Transportation Division, gave the staff report. Mr. Williams said that as a result of safety concerns, the City was asked to initiate street improvements on Dillard Road from Hilyard Street to Fox Hollow Road in 1983. Property owner input indicated that residents preferred to have the street closed to through traffic as a solution to the safety issue, and in 1987, a temporary closure was instituted. Since that time, the Transportation Division has studied the pattern of the displaced traffic, studied the effects on the surrounding streets, received comments from emergency services representatives and Lane Transit District and school district personnel, and from area residents. The division has received no unfavorable comments regarding the diverter. Mr. Williams said several issues concerning the diverter need to be addressed. These include the increase in traffic on East 39th Place (from 140 to 340 vehicles per day) and concern about the Fox Hollow and West Amazon intersection. Mr. Williams said the intersection will continue to be monitored and the two-way stop will continue until such time that the volume, delay, or accident warrants are met for a change of traffic control at that location. Mayor Miller opened the public hearing. Donald Lowdell, 4010 West Amazon Drive, reported that traffic in front of his house had increased significantly since the installation of the temporary diverter, making it difficult to exit his driveway onto West Amazon. He expressed concern about the increased hazard to neighborhood children crossing West Amazon on their way to Parker school and a neighborhood park. Mr. Lowdell considered it unfair to improve the lifestyle of residents on Dillard Road at the expense of his. David Cole, 3975 Dillard Road, reported improved safety and a reduced noise level on Dillard Road since the installation of the diverter and he encouraged the council to leave it in place. Robert Nickel, 882 Fox Glenn, supported leaving the diverter in place because it increases the safety of children who must walk on Dillard Road without the protection of sidewalks and curbs. e MINUTES--Eugene City Council May 22, 1989 Page 7 e Raymond Klein, 3990 Dillard Road, said its inadequacy (narrowness and lack of storm sewers and sidewalks) was the reason Dillard Road was closed. He said there was insufficient space to widen the road to meet code requirements. Tom Philip, 3973 Dillard Road, told of an accident involving a child that occurred before the diverter was installed and said the road's lack of sidewalks makes the diverter necessary. There being no further requests to speak, Mayor Miller closed the public hearing. Saying the council's role was one of making policy, Mr. Holmer maintained that it was inappropriate for the council to approve an administrative order. He suggested that the resolution should be rewritten. He said that matters dealing with the regulation and control of traffic are appropriately delegated to the City Manager. Mr. Bennett asked for staff comment on a letter that councilors received from Mr. Crafts regarding increased traffic on East 39th Place. Mr. Williams responded that Mr. Craft's concern was one of the impacts of the diverter that was identified as an issue to be monitored. e Responding to Mr. Bennett's further questions, Mr. Williams said that improvement of the street to City standards would be encouraged to facilitate bicycle and pedestrian traffic, but additional improvements have not been initiated at this time. Mr. Williams said typical residential streets are 28-feet wide and collector streets are 36-feet wide. He understood that enough room was available for Dillard Road to be a 28-foot wide street with sidewalks. He thought staff's recommendation would be the same if the street was improved. Ms. Schue commented that Dillard Road was a collector street prior to the connection of Fox Hollow Road to West Amazon in 1974, but that role was no longer necessary after improvements were made to those arterials. She regarded the solution under consideration preferable to any known alternative. Ms. Schue asked for staff review of the speed of traffic on West Amazon as part of the process of monitoring the intersection of Fox Hollow and West Amazon. Ms. Bascom also considered permanent closure of Dillard Road the best available solution. Ms. Bascom moved, seconded by Mr. Rutan, to approve the administrative order of the City Manager and to adopt the findings therein establishing a permanent street closure on Dillard Road at Fox Hollow Road. Roll call vote; the motion carried unanimously, 8:0. Mayor Miller called a five minute recess. Mr. Bennett left the meeting. e MINUTES--Eugene City Council May 22, 1989 Page 8 ; e e . VII. PUBLIC HEARING: ORDINANCE CONCERNING MOBILE HOME PARK CONVERSIONS City Manager Mike Gleason introduced the topic. Robin Johnson, consultant to the Planning and Development Department, gave the staff report. Ms. Johnson explained that the proposed ordinance incorporates recommendations of the Planning Commission which attempt to assist tenants of mobile home parks who may be displaced due to park closures in the future because of a change of use from residential to commercial or industrial. She said that the Holiday Park in Glenwood is the only park contemplating closure at this time. Ms. Johnson said the Planning Commission developed a series of policy statements regarding the issue of the supply of sites for older, smaller, mobile homes. Those policy recommendations are part of the proposed Glenwood Refinement Plan and the general housing policy strategy statement to be presented to the council at a later time by the Planning Commission. Ms. Johnson directed councilors' attention to a map showing mobile parks located in residential and nonresidential zones. Regarding costs to property owners, Ms. Johnson said the State uses a maximum figure of $2,500 per mobile home and she reviewed relocation reimbursements for different residential profiles. Mayor Miller opened the public hearing. John VanLandingham, 1172 West 5th Avenue, spoke as president of the Planning Commission. Mr. Vanlandingham said the proposal before the council represented a conservative compromise whose purpose was not to prevent parks from closing, but to assign some of the costs otherwise born by tenants (whom he described typically as older citizens with lower incomes) to the park owners who would profit from converting their land to other uses. Mr. Van Landingham described mobile homes as a form of low-income housing that constitutes a significant housing resource needing protection. Jean Beachtel, 2825 Miramonti, said she works with elderly people through Legal Services. She concurred with Mr. Van landingham's comments. Ms. Beachtel also raised a concern regarding low-income and elderly residents of mobile homes that cannot be moved. She requested that in addition to the proposed ordinance recommended by the Planning Commission, the council consider adding some protection for this group in the form of a relocation allowance in lieu of the moving expenses. Robert W. Smith, 951 East 36th Avenue, spoke as Legislative Chairman of the Lane County Chapter 447 of the American Association of Retired Persons. Mr. Smith supported the proposed ordinance which he said would help older, low-income mobile home residents. Helen A. Swenson, 04893 Gloria Gayle Way, Florence, Oregon, represented the Coalition for the Protection on the Rights of Mobile Home Park Tenants. She supported the Planning Commission1s recommendations which she said would benefit mobile home park tenants. MINUTES--Eugene City Council May 22, 1989 Page 9 e Les Williams, 1400 Candlelight Drive, Space 101, said newer mobile home parks with vacancies will not accept older mobile homes. Charles Strong, 1080 Patterson Street, read a letter he submitted expressing concern regarding equitable housing for the elderly, disabled, and low-income (described as special category 10). While the proposed ordinance demonstrates the council's concern for this population, Mr. Strong requested consideration of the needs of those tenants who have lived a long time at the site, whose mobile homes are in poor repair, who depend on neighbors for care, and are otherwise candidates for nursing homes. Wickes Seal, 494 West 10th Avenue, spoke as a member of the Advisory Committee on Senior Services of the Lane Council of Governments. She described the ordinance under consideration as a necessary addition to the ordinance on condominium conversions approved by the council last year. Ms. Beal referred to the housing shortage in Eugene and urged the council to extend to mobile home residents the protection provided to dislodged condominium residents. Peter Wotton, 350 Pearl Street, Number 202, spoke on behalf of the Lane Council of Governments. Mr. Wotton supported the ordinance, particularly the provisions protecting the interests of special category tenants, defined as elderly households over aged 70, disabled, and low-income at or below the median for the Eugene area. He said that individuals with insufficient financial resources to pay for relocation, limited mobility, and inadequate support systems need assistance from a housing counselor and compensation for e moving expenses. Ken Tollenaar, 1522 Russet Drive, concurred with the comments of the previous speakers. There being no additional requests to speak, Mayor Miller closed the public hearing. Responding to a question from Ms. Schue, Ms. Johnson said consideration had been given to the fact that a number of mobile homes would not be movable. She said in those instances, the tenant would receive benefits similar to those of a tenant in an apartment complex (i .e., the cost of moving possessions). Mr. Green said there could be an issue relating to making the owner responsible for relocation. He emphasized the importance of evaluating the ordinance after its enactment and suggested that tenant input on its success be solicited following some initial conversion activity. CB 4138--An ordinance concerning mobile home park conversions; amending Sections 2.1060 and 2.1990 of the Eugene Code, 1971; and adding a new Section 2.1086 to that code. e MINUTES--Eugene City Council May 22, 1989 Page 10 e Ms. Bascom moved, seconded by Mr. Rutan, that the bill, with unanimous consent of the council, be read the second time by council bill number and title only, and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 7:0. Council Bill 4138 was read the second time by number and title only. Ms. Bascom moved, seconded by Mr. Rutan, 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. 19614). VIII. PUBLIC HEARING CONCERNING ANIMAL CONTROL REGULATIONS e City Manager Mike Gleason introduced the topic. Mayor Miller opened the public hearing. Harold Hansen, 1755 West 9th Place, identified himself as the operator of a dog-training school. He concurred with Assistant City Manager Dave Whitlow's recommendation that the animal control ordinance not be changed to allow dogs to be tied up in front of a store while the owner shopped. Referring to Section 4.330 regarding field training, Mr. Hansen suggested the addition of the words ... . .or under demonstrable control of the owner," because some mixed breed dogs cannot receive an obedience title or certificate of obedience and because a certificate cannot be earned if it is prohibited to practice the required exercises. John Replinger, 41 West 35th Avenue, spoke in support of the amended ordinance and stressed the importance of off-leash work in advanced obedience training. He said the ordinance would allow this training to be done in a legal, responsible way. Douglas Card, 1272 Jackson Street, spoke as the owner of a well-trained dog who supported the proposed changes. Mr. Card suggested that dogs who have completed obedience or field training should also be allowed off-leash as long as they are under voice command. Melanie Rice, 1195 Tyler Street, urged passage of the proposed ordinance and commented on the need for dogs to train and practice in public. Shelley Reecher, 2226 Fairmount Boulevard, identified herself as the owner of Project Safe Run which loans dogs to accompany joggers. She reported that her training of dogs is hampered by a lack of places she can work with them both on and off the lead and she urged passage of the ordinance. Don Schuessler, 2590 Elysium, said that to advance a dog's training, it is necessary to work with it off-leash. In order to train dogs legally in e MINUTES--Eugene City Council May 22, 1989 Page 11 e parks, school yards, and other public places, he requested passage of the ordinance. Michael Todd, 2511 Hilyard Street, identified himself as an experienced dog trainer who supports leash laws in cities. He said responsible owners should be allowed to train their dogs in public and suggested that an "invisible leash law" be adopted that will allow dogs to be off-leash if under demonstrable control of their owners (which he defined as coming when called and walking beside the owner). There being no further requests to speak, Mayor Miller closed the public hearing. Answering a question from Ms. Ehrman, Mr. Gleason said that to obtain an American Kennel Club (AKC) certificate of obedience, specific standards must be met. He considered "being under effective control" too vague. Mr. Whitlow added that carrying an AKC card would be considered having in one's possession proof of obedience title or certificate. While he supported the proposed ordinance, Mr. Boles suggested seeking a more obvious proof of obedience than a card (e.g., a certain colored collar or other type of identification) that certified dog owners could purchase. Mr. Boles asked for more information regarding a "pooper-scooper" law. e Mr. Whitlow agreed to obtain more information about the practicality of allowing a dog under demonstrable control of the owner to be exempt from a leash. Ms. Bascom confessed to violating the law by allowing her dog to be off the leash while in her presence. Ms. Ehrman pointed out the importance of educating dog owners about the circumstances in which a dog can legally be off-leash. Mr. Gleason clarified that the ordinance under consideration applies only to a dog in a training situation and that no provision of special privilege is being made to allow dogs to run without a leash. Responding to an inquiry from Mr. Green, Mr. Whitlow said the legitimacy of a dog owner1s certificate or title would be determined by a Lane County Animal Control Field Officer. CB 4139--An ordinance concerning animal regulations; amending Sections 4.330, 4.425, and 4.445 of the Eugene Code, 1971; and declaring an emergency. e Ms. Bascom moved, seconded by Mr. Rutan, that the bill, with unanimous consent of the council, be read the second time by council bill number and title only, and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 7:0. MINUTES--Eugene City Council May 22, 1989 Page 12 ~ Council Bill 4139 was read the second time by number and title only. Ms. Bascom moved, seconded by Mr. Rutan, 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. 19615). IX. ORDINANCE CONCERNING USE OF CITY STREETS FOR HORSE-DRAWN CARRIAGES City Manager Mike Gleason introduced the topic. Brant Williams was available to answer questions. CB 4140--An ordinance concerning use of city streets; amending Section 5.040 of the Eugene Code, 1971; and declaring an emergency. Ms. Bascom moved, seconded by Mr. Rutan, that the bill, with unanimous consent of the council, be read the second time by council bill number and title only, and that enactment be considered at this time. Mr. Holmer asked staff to advise him within the next two weeks of the charges by the City Attorney's Office for services in connection with this ordinance. e Roll call vote; the motion carried unanimously, 7:0. Council Bill 4140 was read the second time by bill number and title only. Ms. Bascom moved, seconded by Mr. Rutan, that the bill be approved and given final passage. Mr. Williams said that having the ordinance would allow effective regulation and address safety concerns associated with mixing horse drawn carriages with vehicular traffic. Roll call vote; all councilors present voting aye, the bill was declared passed (and became Ordinance No. 19616). X. FINDINGS AND RECOMMENDATIONS OF HEARINGS OFFICIAL/ORDINANCE LEVYING ASSESSMENTS FOR RIO GLEN DRIVE (CONTRACT #88-16) City Manager Mike Gleason introduced the item. Les Lyle, Public Works Department, was available to answer questions. CB 4141--An ordinance levying assessments for paving, sanitary and storm sewers in Rio Glen Drive from 600 feet easts of Debrick Road to 860 feet east of Debrick Road. (contract #88-16). e MINUTES--Eugene City Council May 22, 1989 Page 13 e Ms. Bascom moved, seconded by Mr. Rutan, to approve the Hearings Official's findings and recommendations of May 11, 1989, and that the bill, with unanimous consent of the council, be read the second time by council bill number and title only, and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 7:0. Council Bill 4141 was read the second time by number and title only. Ms. Bascom moved, seconded by Mr. Rutan, 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. 19617). II. CONSENT CALENDAR Councilors briefly discussed the procedure for removing items from the consent calendar and decided that all items appearing there may require further discussion. A. Minutes, Findings, and Recommendations of Hearings Official and Approval of Improvement Projects e 1) Paving, storm, and sanitary sewers in Taney Street from Marshall Avenue to Barger Drive (Job #2352) 2) Sanitary sewers in Bethel Drive from Ogle Street to 400 feet northwest, Ogle Street from Bethel Drive to 400 feet south of Allane Avenue, and Allane Avenue from Madera Street to Ogle Street (Job #2389) 3) Sanitary sewers in a portion of west 52nd Avenue beginning approximately at the west boundary of Solar Heights Subdivision and proceeding west for 300 feet (Job #2445) Answering a question from Ms. Bascom, Mr. Lyle said that council initiation would be required to improve Bethel Drive to City standards. Additional financing by the City would be necessary because a large part of the footage is along the railroad. B. Findings and Recommendations of Hearings Official and Approval of Improvement Project in Suncrest Avenue (paving, storm, and sanitary sewers in Suncrest Avenue (Panorama Sixth Addition) from City View Street to 450 feet west (Job #2465) c. Call for Public Hearing on June 26, 1989, Concerning a Street Vacation Request West of Garfield Street and North of West 26th Avenue (School District 4J) (SV 89-1) e MINUTES--Eugene City Council May 22, 1989 Page 14 e D. Community Development Block Grant Annual Statement of Objectives Ms. Ehrman asked for an explanation of the $3,000 being contributed to the Bethel Community Pals. She had understood that the Joint Social Services Fund also contributes and she was concerned that the City was now funding the entire budget ($6,000). John Van Landingham, Community Development Committee chair, explained that the committee recommends a block allocation to the joint fund but does not determine that fund's allocation to individual projects. Mr. Gleason added that the City's contribution to the joint fund comes from two sources: the General Fund and the Community Development Block Grant. The General Fund portion funds services only. The block grant funds services and agency capital improvements. The $3,000 allocated to Bethel Community Pals is the only City contribution to the agency. Ms. Schue requested that in the future, it would be useful to indicate the total amounts agencies receive from joint fund allocations of General Fund money and from COBG funds. Mr. Boles explained that it was recommended that the Friends of Lincoln School would receive $10,000, contingent on obtaining financing for the rest of the project and on being the successful competitor in response to the Request For Proposals. e Three members of the public (Ted Allen, Patrick Robertson, and Rich Reuter) indicated they wished to speak, but were not heard because the item was not scheduled as a public hearing. E. Approval of Concepts Reflected in Legislative Committee Minutes of May 8, 1989 Mr. Holmer expressed disappointment that SJR 010 relating to nude dancing did not receive at least priority 2 support. However, he predicted that the Legislature would take appropriate action on the measure. Mr. Boles thought HB 3446 relating to motor vehicle registration fees should have been assigned priority 2 status. Ms. Schue commented that the League of Oregon Cities supported that measure and that it is primarily a Portland metropolitan area issue. The bill did not appear to be a practical alternative in this county in which a large amount of road money comes to the county government. F. Segregation of Assessment for Property Located on the South Side of Elmira Road between Seneca Road and Maple Street (SE 89-01) G. Resolution Approving of an Advance Refunding Plan and Authorizing Submittal of the Plan to the State Treasurer - MINUTES--Eugene City Council May 22, 1989 Page 15 e Res. No. 4121--A resolution approving of an advance refunding plan and authorizing submittal of the advance refunding plan to the State Treasurer for his approval, appointing a financial advisor, and designating bond counsel. Mr. Holmer directed a question to Mr. Wong. Referring to Government Finance Associates of Portland being designated financial adviser to the City, he asked if a written recommendation had been made that this was the appropriate time to receive the most favorable interest rates for an advance refunding. Mr. Wong answered affirmatively and said both the financial adviser and the underwriting firm (Seattle-Northwest Securities Corporation) have been monitoring the refinancing of the certificate of participation for over 15 months and have determined that interest rates are at a favorable level. He added that the final sale date would be set after assessing the market to determine whether the issuance should proceed or be delayed. This determination would be based on professional judgment, in consultation with the City's financial advisor. Mr. Boles said it was not his intent that this type of item be included on the consent calendar. He asked about the escrow agent not being named and Mr. Wong said that would not influence the council's approval. e Ms. Bascom moved, seconded by Mr. Rutan, to approve the items listed under the consent calendar on the City Council agenda. Roll call vote; the motion carried unanimously, 7:0. The meeting was adjourned to May 24, 1989, at 10:30 p.m. Respectfully submitted, (Recorded by Mary Feldman) mncc 052289-730 e MINUTES--Eugene City Council May 22, 1989 Page 16