HomeMy WebLinkAbout09/25/1989 Meeting (2)
e M I NUT E S
Eugene City Council
Council Chamber--Eugene City Hall
September 25, 1989
7:30 p.m.
COUNCILORS PRESENT: Ruth Bascom, Robert Bennett, Shawn Boles, Bobby Green,
Freeman Holmer, Roger Rutan, Emily Schue.
COUNCILORS ABSENT: Debra Ehrman.
The meeting of the Eugene City Council was called to order by His Honor Mayor
Jeff Mill er.
I. CONSENT CALENDAR
A. Approval of City Council Minutes of August 9, August 14, and
September 11, 1989, Council Meetings
e B. Findings and Recommendations of Hearings Official and Approval of
Improvement Project (Alley between 7th and 8th avenues) (Job
#2481)
Ms. Bascom moved, seconded by Mr. Rutan, to approve the items
on the City Council Consent Calendar. Roll call vote; the
motion carried 7:0, with Mr. Boles abstaining from voting to
approve the City Council meeting minutes of August 9 and
August 14 because he was absent from the meetings.
II. ORDINANCE CONCERNING PACIFIC NORTHWEST NATURAL GAS FRANCHISE
Assistant City Manager Dave Whitlow introduced the item. Tony Mounts,
Finance Division, was present to answer additional questions regarding the
information on the proposed ordinance that he presented to the council at its
work session earlier in the evening. The City now has the opportunity to
increase franchise fees from 3 percent to 5 percent of gross revenues at the
midpoint of its 20-year franchise agreement with Pacific Northwest Natural
Gas. This increase would reflect the growing cost of maintaining the public
way and represents a return on the public investment in the infrastructure.
It would provide approximately $100,000 in additional revenue in FY90.
- MINUTES--Eugene City Council September 25, 1989 Page 1
e CB 4159--An ordinance concerning the Pacific Northwest Natural
Gas Company Franchise, and amending Ordinance No. 18489; and
declaring an emergency.
Ms. Bascom moved, seconded by Mr. Rutan, that the bill be read
the first time only. Roll call vote; the motion carrying
unanimously, 7:0, a public hearing and second reading of the.
ordinance was scheduled for a regular meeting in late
October.
III. RESOLUTIONS REGARDING RESERVE FOR ENCUMBRANCES
Assistant City Manager Dave Whitlow introduced Rose Ellis, Finance Division,
who reported that the resolutions before the council are part of the audit
process to transition from Fiscal Year 1989 to FY90. She explained that the
reserves are in the FY90 adopted budget and were based on estimates provided
last spring on purchase orders that would be outstanding on June 30. The
resolutions would allow the transfer of funds in reserve to individual
departments for their actual June 30 outstanding purchase orders, with the
remaining balance transferred to contingency or balance available accounts.
Mr. Holmer observed that the items under consideration appear routine and may
be appropriate for the consent calendar.
Responding to Mr. Boles. question about why the funds need to be moved if
e they are for items that have been budgeted for in the current fiscal year,
Ms. Ellis explained that the purchase orders were issued last fiscal year and
now require appropriations to departments for their payment. Regarding the
movement of reserves to the balance available accounts, Mr. Whitlow said
those funds could be used for budgeted projects in the current fiscal year if
the council makes those appropriations in a future supplemental budget.
Res. No. 4140--A resolution authorizing the transfer of funds
from the Reserve for Encumbrances accounts to
departments.
Res. No. 4141--A resolution authorizing the transfer of the
balance of the Reserve for Encumbrance accounts
to Contingency or Balance Available accounts.
Ms. Bascom moved, seconded by Mr. Rutan, to adopt the
resolutions. Roll call vote; the motion carried unanimously.
IV. RESOLUTIONS REGARDING RESERVE FOR CAPITAL PROJECTS
Ms. Ellis explained that the resolutions before the council would allow the
transfer of funds to the departments administering those capital projects
that were incomplete as of June 30, 1989, with the unused portions of the
reserves being transferred to balance available accounts.
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e Res. No. 4142--A resolution authorizing the transfer of funds
from the Reserve for Capital Projects accounts
to departments.
Res. No. 4143--A resolution authorizing the transfer of the
balance of the Reserve for Capital Projects
accounts to Balance Available.
Ms. Bascom moved, seconded by Mr. Rutan, to adopt the
resolutions. Roll call vote; the motion carried unanimously.
Mayor Miller adjourned the meeting of the Eugene City Council and convened a
meeting of the Eugene Renewal Agency.
V. RESOLUTION REGARDING RESERVE FOR CAPITAL PROJECTS--EUGENE RENEWAL
AGENCY
ERA Res. No. 939--A resolution authorizing the transfer of funds
from the Reserve for Capital Projects to the
Planning and Development Department.
Ms. Bascom moved, seconded by Mr. Rutan, to adopt the
resolution. Roll call vote; the motion carried unanimously.
e Mayor Miller adjourned the meeting of the Eugene Renewal Agency and
reconvened the meeting of the Eugene City Council.
VI. RESOLUTIONS CALLING FOR PUBLIC HEARINGS ON THE PROPOSED WITHDRAWAL OF
RECENTLY ANNEXED PROPERTIES FROM WATER AND PARK DISTRICTS
Assistant City Manager Dave Whitlow introduced the topic. Cathy Czerniak,
Planning and Development Department, reported that the four resolutions
before the council concern properties that were recently annexed under
separate action by the Lane County Boundary Commission. She explained that a
recent legislative change requires that properties be withdrawn from water
and park districts under separate proceedings.
Answering Ms. Bascom's inquiry about the impact of these actions, Ms.
Czerniak explained that in the past, properties were automatically withdrawn
from special districts upon annexation. In some areas in the state, cities
do not want properties to be withdrawn from special districts because of the
existence of overlapping boundaries, but in Eugene's case the special
districts are separate from the City and there are no overlapping boundaries.
As properties are annexed, the City begins to provide urban services and the
properties no longer receive services from the special districts.
She added that through an intergovernmental agreement between the City and
some special districts in River Road and Santa Clara, the City pays an
e MINUTES--Eugene City Council September 25, 1989 Page 3
e in-lieu-of-tax payment after properties are annexed. Properties withdrawn
from the Glenwood Water District will be provided with EWEB service.
Res. No. 4144--A resolution calling a public hearing to
consider proposed withdrawal of territory
(Fischer, EC EU 89-22) from the Glenwood Water
District and Willamalane Park and Recreation
District.
Res. No. 4145--A resolution calling a public hearing to
consider proposed withdrawal of territory
(Arnold, EC EU 89-21) from the River Road
Water District and River Road Park and
Recreation District.
Res. No. 4146--A resolution calling a public hearing to
consider proposed withdrawal of territory
(Brown, EC EU 89-23) from the River Road Water
District and River Road Park and Recreation
District.
Res. No. 4147--A resolution calling a public hearing to
consider proposed withdrawal of territory
(Hall/Moore, C EU 89-08) from the River Road
Water District and River Road Park and
Recreation District.
e Ms. Bascom moved, seconded by Mr. Rutan, to adopt the
resolutions. Roll call vote; the motion carried unanimously.
VII. ORDINANCE CONCERNING METROPOLITAN PLAN AMENDMENTS RELATED TO THE
URBAN GROWTH BOUNDARY EXPANSION NORTH OF AWBREY LANE (MA 87-6)
Assistant City Manager Dave Whitlow introduced the topic. Teresa Bishow,
Planning and Development Department, reported that the Metro Plan amendments
before the council received tentative approval in May 1989 and are again
before the council for final action. Action by the Lane County Board of
Commissioners is expected in early October and final action by the
Springfield City Council is scheduled November 6.
The amendments to the Metro Plan would 1) expand the urban growth boundary
(UGB) north of Awbrey Lane and east of Highway 99 to include 200 acres of
land for industries that demonstrate a need for large sites and rail access;
2) change the Plan Diagram text affecting existing special heavy industrial
land within the UGB between Awbrey Lane and Enid Road and the Natron Site;
and 3) change the text of the Metro Plan to indicate the shift in the
characteristics of heavy industries, encourage a variety of heavy industrial
development, and study approaches to maintain the physical separation between
the Eugene-Springfield metropolitan area and smaller outlying communities.
e MINUTES--Eugene City Council September 25, 1989 Page 4
e Mr. Boles called attention to the amendment of finding #9 and asked for
evidence that IIchanges in technology and environmental regulations have
lessened the environmental impacts of these industries.1I Ms. Bishow
responded that testimony received from the Metro Partnership and
representatives of the property owner discussed, in general, changes in
industrial operations and their external impacts over time. She said that
the current finding in the Metro Plan states strongly that heavy industries
are for the most part obnoxious and polluting. Most companies that are
considering locating in this area have better control of their external
impacts as a result of new technology, more restrictive Federal regulations,
and improved enforcement.
Noting the large volume of material required as a result of action taken by
the council a year ago, Ms. Bascom said she would be more cautious about
initiating such plan amendments in the future.
Mr. Boles continued by saying that nationally, heavy industries' emissions
and the government1s failure to adequately regulate them provide no evidence
that progress has been made in lessening the environmental impacts of these
industries. He next called attention to the statement on page 51 of
IIFindings--Awbrey/Meadowview UBG Amendmentll which claims that liThe long-term
environmental, economic, social, and energy consequences resulting from the
use at the proposed site with measures designed to reduce adverse impacts are
not significantly more adverse than would typically result from the same
proposal being located in areas requiring a goal exception other than the
proposed site.1I He asked what was meant by IIlong-termll and suggested that
e the site may be required for food production within the next ten years.
Ms. Bishow answered that the finding referred to by Mr. Boles compares the
impacts of the particular area with other similar sites surrounding the
metropolitan area on which industrial activity could occur. She emphasized
that there is no comparison being made between industrial and agricultural
use in the statement.
Mr. Bennett maintained that there is no evidence of viable agricultural
potential at the site in question and suggested that a reassessment of the
agricultural component may be incorporated into a future update of the Metro
Plan.
Mr. Bennett informed the council that the Lane Regional Air Pollution
Authority (LRAPA) is working on achieving compliance with Environmental
Protection Agency regulations of PM-IO. He reported that a subcommittee has
found no PM-I0 point source problem with heavy industry and said this is an
indication that industry efforts to address environmental issues on the local
level have produced significant improvements.
Mr. Boles referred to page 3 of "Findings--Text Amendments to Economy
Element,1I and asked for evidence of consistency with the Metro Plan's
Economic Goal that states: IIBroaden, improve, and diversify the metropolitan
economy while maintaining or enhancing the environment.1I He said that the
documentation mostly speaks to the first part of that goal (relating to the
e MINUTES--Eugene City Council September 25, 1989 Page 5
e economy) and he found nothing to support consistency with the goal relative
to maintaining or enhancing the environment.
In response to Mr. Boles' concerns, Tim Sercombe, City Attorney's Office,
said that on pages 55 to 63 in the main text, there is a separate
justification for the UGB expansion and the conversion to urbanizable land.
He said those findings discuss the effect and interaction between the UGB
change and the fundamental principles of the Metro Plan.
Mr. Boles referred to page 57 in IlFindings--Awbrey/Meadowview UGB Amendmentll
and said that the evidence cited supporting the goal referred to above is
anecdotal and speaks to the economy but not to the environment.
Ms. Bascom said she shared Mr. Boles. concern with the environment and said
her understanding was that the amendments would require more extensive air
and water-quality regulations and standards.
Answering Mr. Boles' final question, Ms. Bishow said that there are no
wetland issues pertaining to the site. The Planning Commission recommended
that at the time the area is developed, a drainage slough running through the
southwestern portion of the property should be enhanced to create a more
natural environment. She said that confirmation has been received from State
agencies that no wetlands exist on the site, with the exception of the slough
itself.
CB 4160--An ordinance amending the Eugene-Springfield
e Metropolitan Area General Plan Text and Urban Growth
Boundary and Taking a Statewide Land Use Planning
Goal 2 Exception to Goals 3 and 14.
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 only, and that enactment be considered at
this time. Roll call vote; the motion carried unanimously.
Council Bill 4160 was read the second time by number 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, except Councilor Boles who
voted nay, the bill was declared passed (and became Ordinance
No. 19635).
VII 1. ORDINANCE REGARDING COMMITTEE ON COMMITTEES RECOMMENDATION CONCERNING
CREATION OF A TREE COMMISSION
Ms. Bascom introduced the item. She said the ordinance would create a Tree
Commission to address urban forestry issues in Eugene. Beautification issues
would be delegated to the Joint Parks Committee.
e MINUTES--Eugene City Council September 25, 1989 Page 6
e Mr. Holmer questioned why the council would create a body to be advisory to
the Executive Director of PARCS and to City staff with respect to operational
matters and to the City Manager and Executive Director regarding policies
relating to the urban forest. PARCS Director Ed Smith responded that the
Tree Commission is patterned after other boards and commissions (specifically
the Airport Commission) that advise the City Manager, who in turn brings
matters to the City Council for approval.
Ms. Schue pointed out that the Public Safety Advisory Committee also serves
in an advisory capacity to City staff. Mr. Bennett shared Mr. Holmer's
concern about assigning an advisory group a role in developing policy. Mr.
Holmer responded that he hoped to see the council avoid invading the
administrative areas of the organization, but he expected advisory boards
created by the council to advise the council, and the City Manager to receive
policy direction from the council.
Mr. Bennett supported allowing an advisory group to interact directly with
staff with respect to already established policies. Ms. Bascom added that
she considered the role of the Tree Commission to be to respond to community
interest and to develop new policy. She said the group would appropriately
deal with both policy and administration.
Responding to Mr. Green's inquiry about expenses associated with the
commission, Mr. Smith said estimated costs are based on current expenses
which are approximately $200 monthly, which includes mailing, minutes, and
staff time.
e Mr. Holmer suggested amending Section 2.245 to read: liThe tree commission ;s
established to serve as an advisory body to the City Council for
preservation, enhancement, and maintenance of Eugene's urban forest." He
said that, in the process, the commission would advise PARCS staff and the
City Manager. Unless the ordinance states specifically that the commission
is advisory to the council, Mr. Holmer said there would be an invasion of the
administrative province.
Mr. Whitlow mentioned the three types of advisory boards and commissions now
existing: 1) those that are strictly advisory to the City Council (the
majority of boards and commissions); 2) those that are advisory only to the
City Manager (Public Safety Advisory Committee); and 3) those that advise the
City Manager on operational matters and the City Council on policy matters
(Cultural Affairs Commission). He proposed changing Section 2.245 to create
a Tree Commission that falls into the third category: liThe tree commission
is established to serve as an advisory body to the executive director of
PARCS and to city staff with respect to operational matters, and to the City
Council on the city's program for preservation, enhancement, and maintenance
of Eugene's urban forest.
CB 4161--An ordinance concerning the Tree Commission; amending
Section 2.013 of the Eugene Code, 1971; adding new
Sections 2.245, 2.247. 2.249, and 2.251 to that
code; and declaring an emergency.
e MINUTES--Eugene City Council September 25, 1989 Page 7
e Ms. Bascom moved, seconded by Mr. Rutan, that the bill,
including the amended language suggested by Mr. Whitlow, with
unanimous consent of the council, be read the second time by
council bill number only, and that enactment be considered at
this time. Roll call vote; the motion carried unanimously.
Council Bill 4161 was read the second time by number 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. 19636).
Mr. Boles said he hoped the Tree Commission would address urban forestry
issues soon and would bring recommendations to the council for legislation
that will ensure the preservation of older trees not currently protected by
City ordinance. Ms. Bascom responded that those issues referred to by Mr.
Boles are being reviewed but would take some time to resolve.
IX. FINDINGS OF HEARINGS OFFICIAL AND ORDINANCE LEVYING ASSESSMENTS FOR
WOODRUFF STREET (CONTRACT 89-01)
Assistant City Manager Dave Whitlow reported that this item was routine and
that staff was available to answer councilors' questions.
e CB 4162--An ordinance levying assessments for sanitary sewers
in Woodruff Street from Enid Road to 600 feet north.
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 only, and that enactment be considered at
this time. Roll call vote; the motion carried unanimously.
Council Bill 4162 was read a second time by number only.
Ms. Bascom moved, seconded by Mr. Rutan, that the bill be
approved and given final passage and to approve the Hearings
Official findings and recommendations of September 11, 1989.
Roll call vote; all councilors present voting aye, the bill
was declared passed (and became Ordinance No. 19637).
X. FINDINGS OF HEARINGS OFFICIAL AND ORDINANCE LEVYING ASSESSMENT FOR
STERLING VIEW PUMP STATION (CONTRACT #88-08)
Assistant City Manager Dave Whitlow reported that staff was available to
answer any questions about this routine item.
e MINUTES--Eugene City Council September 25, 1989 Page 8
/
~ CB 4163--An ordinance levying assessments for sewer pump
station on Walton Lane, 1300 feet north of Honeywood
Street, to serve Sterling View Estates Phase II and
contiguous property currently outside city limits.
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 only, and that enactment be considered at
this time. Roll call vote; the motion carried unanimously.
Council Bill 4163 was read the second time by number only.
Ms. Bascom moved, seconded by Mr. Rutan, that the bill be
approved and given final passage and to approve the Hearings
Official findings and recommendations of September 11, 1989.
Roll call vote; all councilors present voting aye, the bill
was declared passed (and became Ordinance No. 19638).
The meeting adjourned at 8:17 p.m. to September 27, 1989.
Respectf~Jly subm~tt~p~
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(Recorded by Mary Feldman)
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e MINUTES--Eugene City Council September 25, 1989 Page 9