HomeMy WebLinkAbout10/09/1989 Meeting (2)
e M I NUT E S
Eugene City Council
Council Chamber--Eugene City Hall
October 9, 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 Council
President Ruth Bascom.
I. PUBLIC FORUM
There were no requests to speak.
II. CONSENT CALENDAR
e A. Approval of City Council Minutes of September 11 Dinner Work
Session; July 10, July 24, August 16, September 13, and September
18 Council Meetings.
Mr. Boles asked that the words II. .and negative. .11 be added to item G.
on page 3 of the minutes of September 18, after the word IIpositivell in the
sentence: "Mr. Boles viewed these charges as part of an equation that
recognizes the positive financial impact developers have on a community.1I
Ms. Schue moved, seconded by Mr. Holmer, to approve the items
on the City Council Consent Calendar as corrected. Ro 11 ca 11
vote; the motion carried unanimously, 7:0.
III. PUBLIC HEARING: ORDINANCE ESTABLISHING THE EUGENE HOSPITAL AUTHORITY
City Manager Mike Gleason introduced the topic.
Ms. Bascom excused herself from consideration of the matter because of a
perceived potential conflict of interest. Ms. Schue assumed the role of
chair.
Finance Director Warren Wong presented the staff report. ORS 441 authorizes
a municipality to establish a hospital facility authority as a separate
e MINUTES--Eugene City Council October 9, 1989 Page 1
e corporation from the city, to provide citizens with adequate access to
medical and hospital facilities. The authority is allowed to acquire, lease,
own or ~ll medical-related facilities, or issue debt to support the
establishment of hospitals or equipment acquisition, but is not authorized to
.- operate hospitals. Essentially, the process is what is known as conduit
financing, with the authority being capable of issuing tax-exempt debt with.
the credit of the issue based~on the applicant.
..
State statute requires the council to consider and take formal action on a
written petition received September 13, 1989, to form such a hospit~l
facil ity authority. ~','
The proposed ordinance to create the Eugene Hospital Authority has been
revised to allow the expansion of the field of applicants and includes the
definitions of the types of facilities that would qualify as applicants. The
proposed board must consist of a minimum of five members, at least one of
which must be an elected official. The board would initially consist of
Mayor Miller and councilors Bennett, Boles, Green, and Holmer. The powers of
the authority would not include the ability to levy a property tax. A 11 debt
issues would be revenue supported. Restrictions include that the facilities
are within the corporate limits of the City of Eugene, that there is a
demonstrated medical need for the facilities, and that the rating of the bond
issue be investment grade (an A-rating is recommended). Additionally, staff
recommended requiring a feasibility study, to be performed by the applicant's
staff or a nationally recognized firm, and audited financial statements from
e the applicant.
All costs incurred in operating the authority. staff, consultants, annual
audit, etc., will be recovered from the benefiting parties.
Referring to language in the proposed ordinance, Mr. Holmer asked if the word
"recitals" was the same as "findings."
Keith Martin, City Attorney's Office, explained that a recital is intended to
recite the procedures to date in compliance with the predicates established
in the ORS, in order to show that ORS procedure has been followed.
Mr. Holmer asked whether the Board of Directors as described in Section 4 (4)
could include members of the EWEB Board of Directors as elected officials of
the City of Eugene. Mr. Martin responded that the intent was for the Mayor
and City Council to be represented on the board.
Referring to Section 5 (2)(d)(i), Mr. Holmer asked why the City Manager, as
chief executive officer of the hospital authority, would be authorized to
find the feasibility study acceptable. Mr. Martin replied that the intent
was to reduce the volume of words in the ordinance and while the CEO would
establish standards for a feasibility study, the board would have the final
say on the study's acceptability. He emphasized that what was being
addressed was the initial presentation of a feasibility study and if the
staff could not recommend a proposed project because of a faulty feasibility
study (one that fails to meet the standard presented by the executive
- MINUTES--Eugene City Council October 9, 1989 Page 2
e officer), the issue could be brought to the board as an appeal from that
decision. He said the board would be expected to establish its own bylaws
and rules.
Mr. Boles called attention to page three of a memorandum from the City
Attorney's Office to Mr. Wong and Mr. Mounts and asked whether ambiguities
regarding the adult congregate living facility had been resolved. Mr. Martin
pointed out that the ordinance defines adult congregate living as being
operated lias a nonprofit corporation which undertakes through its ownership
or management to provide housing, meals, and the availability of other
supportive services for the elderly and handicapped." He emphasized the
limitation to those populations.
Answering another question from Mr. Boles, Mr. Martin said that decisions of
the authority would be subject to legal challenge if perceived to fall
outside the scope of the ordinance.
Ms. Ehrman asked whether a list of facilities that might perform services not
available at Sacred Heart General Hospital was available. Mr. Wong said that
analysis was not available yet.
Councilor Schue opened the public hearing.
Clark Winston Cox, Jr., 1085 Patterson Street, #9, spoke as a hospital
volunteer, neighborhood resident, and former patient. Mr. Cox supported the
proposal before the council as a means of reducing the cost of health care to
e residents of the community.
Kitty Piercy, 1371 West 4th Avenue, spoke against the proposed ordinance
which she said would benefit Sacred Heart General Hospital. She spoke on
behalf of organizations and individuals who view abortion as a fundamental
right of choice and said that Sacred Heart declines to perform first
trimester abortion services and requires that its aligned clinics under the
Oregon Medical Group also refuse to offer that service. Ms. Piercy urged the
council to refuse support to an institution which she said limits women's
constitutional rights and said such support would represent an encroachment
of religious philosophy in the community.
Richard Greene, 766 East 13th Avenue, identified himself as president of the
University Small Business Association and said he supported the establishment
of a hospital authority that would allow Sacred Heart to expand its
facilities in an effort to remain current with new developments in medical
technology. Mr. Greene considered Sacred Heart a good neighbor and cited its
creation of a citizen review panel to consider its latest expansion as an
example of its concern for the community's needs. He urged the council to
approve the creation of a hospital authority.
David Oaks, 330 Howard, #1, spoke against the City's credit being used by
Sacred Heart Hospital for a tax break. He considered the primary issue to be
one involving human rights (specifically the informed consent process for
electroshock) and accused the hospital of not being accountable to the
e MINUTES--Eugene City Council October 9, 1989 Page 3
e community. Mr. Oaks asked Sacred Heart to improve its informed consent
procedure for electro-shock, end the process of coerced electro-shock, create
a range of alternative treatments, meet with community members, and end other
violations of human rights such as forcible injections of neuroleptics.
Bob Fenstermacher, 3505 Spring Boulevard, submitted a letter on behalf of the
Eugene/Springfield Metropolitan Partnership which supported the establishment
of a Hospital Facility Authority. He said the authority would bring economic
development benefits to the community.
Marian Frank, 2009 Elk Drive, asked the council to delay its decision and to
allow more public consideration of the issue. She urged caution in lending
the City's bonding authority to a private out-of-state corporation over whose
policies the City has no control.
Delissa Morelli, 2141 West 16th Court, was joined by her husband in speaking
in favor of the proposal. She commended Sacred Heart Hospital's service and
was especially grateful for the maternity care she was receiving there
regardless of whether she had medical insurance.
Greg Bryant, PO Box 30097, said that Ward 2 would be economically affected by
the proposed ordinance and was not being adequately represented in the
council's discussion. He disagreed with claims that health care costs would
be reduced by the creation of a hospital authority and said a national health
insurance program is needed to address those spiralling costs.
e Bob Belknap, 85642 Svarverud Road, described his experiences as a patient of
the Oregon Rehabilitation Center and urged favorable consideration of the
creation of a hospital authority.
Steve Johnson, 1825 Longview, opposed using the City's bonding authority to
help a private corporation avoid taxes and claimed that creation of the
hospital authority would violate the constitutional principal of separation
of church and state. He suggested that a public board, possibly an elected
one, be established to make policy and set prices for hospital services. As
an alternative, he suggested that the City issue bonds in order to purchase
Sacred Heart General Hospital.
Larry T. Douglas, 3321 Shelton, spoke on behalf of the Eugene Chamber of
Commerce which supports creation of a hospital authority. He said that the
City's economic development strategic plan will be furthered by action that
will help establish Eugene as a regional medical center.
Robert Freeman, 690 West 31st Avenue, spoke against the creation of a
hospital authority and said the expansion of Sacred Heart General Hospital
threatens the community with a medical monopoly. He considered it dangerous
to allow a religious organization to determine which services are available
to the community and suggested that a citizen board, with consumer
representation, should be created to determine the financial structure of the
hospital and the services it offers.
e MINUTES--Eugene City Council October 9, 1989 Page 4
e Karen J. Kupel, 85488 Appletree Court, said she is a consumer who has
investigated hospital operations elsewhere and found that Sacred Heart
General ~Hospital serves the community well. She recommended approval of the
proposal before the council.
. Tom Heusel, 3318 Olive Street, said he has been employed by Sacred Heart .
General Hospital for the pas~ eight years and considers the care available
there to be of the highest qua1ity. He suggested adding a proviso to
approval of the hospital authority that would require Sacred Heart to drop
finance charges on the unpaid balance of medical bills to reduce the burden
on impoverished health care consumers. ~
Sister Barbara Haase, 574 East 14th Avenue, reviewed the process involved in
developing the proposal for the creation of a hospital authority. She noted
that the bonds to be issued by the hospital facility authority could be used
only for those capital projects which meet IRS tax-exempt criteria.
Qualifying projects could include facilities for the delivery of health care,
equipment used in patient care, and parking structures directly intended for
patient use. Medical office buildings would not meet the criteria. Sister
Barbara said the potential savings represented by the hospital authority may
help Sacred Heart reduce the rate of future increases and may enable the
hospital to continue providing needed services that are not self-supporting
(e.g., the prenatal clinic, the neo-natal intensive care unit,
rehabilitation, and treatment for adolescent substance abuse).
Sister Barbara said that the hospital is prepared to secure bond insurance to
e avoid any possibility of the hospital authority having an adverse effect on
the City's bond rating. She added that Sacred Heart intends to comply with
Oregon law that prohibits the use of bond proceeds for general operating
expenses or to offset charity or indigent care and emphasized that all
contemplated uses of those funds meet the criteria set forth in ORS 441.525.
There being no further requests to speak, Councilor Schue closed the public
hearing.
Answering Ms. Ehrman's questions, Bill Gary, City Attorney's Office, said
that by statute, the board of the hospital authority is prohibited from
operating a hospital faCility. Mr. Gleason said that the authority could
establish standards for its review of applications and could expect that the
corporation would meet those standards.
Mr. Bennett asked whether changing the scope and no longer limiting eligible
facilities to acute care, in-patient facilities would allow any sort of
out-patient care facility to qualify. Keith Martin responded that an
applicant must provide the type of care that meets the statutory definition
of in-patient or out-patient care. A distinction is made between domiciliary
care and a facility that provides some medical assistance.
Mr. Green asked about the authority's effect on competitive health care
providers. Mr. Martin replied that any provider of the types of care
identified in the definitions could apply. He pointed out that the ordinance
e MINUTES--Eugene City Council October 9, 1989 Page 5
e establishes scope and what the board actually does would be overseen by the
council which could, at any time, restructure the hospital authority board.
Mr. Gleason added that an applicant must meet State and Federal standards for
a nonprofit organization. He anticipated that the board would review whether
an applicant had certification that it was not providing duplication of
services.
Referring to Mr. Heusel1s testimony, Mr. Holmer asked about the board's
authority to regulate the interest rate charged to patients. Mr. Martin said
the ordinance does not restrain the board from establishing expectations
about an applicant's practices. Annual audits would indicate whether the
applicant had met those expectations. It would be up to the board to develop
regulations for dealing with failure to perform. Mr. Gary added that failure
to honor contractual obligations is addressed under contract law. Mr.
Gleason said that the practical remedy for failure to perform is found in the
next transaction.
CB 4164--An ordinance creating the Eugene Hospital Authority;
and Declaring an Emergency.
Mr. Holmer moved, seconded by Ms. Ehrman, 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.
Mr. Bennett considered the issue not one of whether Sacred Heart General
e Hospital provides quality health care, but whether a compelling public
purpose ;s served by the City providing below-market rate financing that
would be of specific benefit to the applicant. He expressed concern that the
authority could receive applications for services that are being provided by
the private sector in a competitive market place.
While she supported the broadening of the ordinance to include any nonprofit
provider of services defined by statute, Ms. Ehrman said additional
information is needed before she could make a decision on the matter. She
urged caution in too closely aligning the City with a private organization
and said the City's goal in creating a hospital authority should be to
favorably affect the cost of health care and not to give preferential
treatment to a provider or to attempt to manage a hospital facility.
Mr. Boles said he had sufficient information to make a decision.
Mr. Green concurred with Mr. Bennett's statement that Sacred Heart General
Hospital provides outstanding medical care and said he preferred delaying
action.
Mr. Holmer again questioned delegating responsibility for determining the
acceptability of the feasibility study to the City Manager. He agreed to
defer a decision to the council's October 11 meeting.
e MINUTES--Eugene City Council October 9, 1989 Page 6
e Ms. Ehrman moved, seconded by Mr. Holmer, to table the matter
to the next regular council meeting (October 11, 1989). Roll
call vote; the motion carried 5:1, with Councilor Boles
voting against.
At this point, the council took a five-minute break and Ms. Bascom resumed
the role of chair. Councilor Bascom presided over the rest of the meeting.
IV. PUBLIC HEARING: AMENDMENT TO ADOPTED CAPITAL IMPROVEMENT PROGRAM
City Manager Mike Gleason introduced the topic. Teresa Bishow, Planning and
Development Department, reported that the amendment before the council
concerns a potential bridge connecting River Road to Goodpasture Island Road.
The current Capital Improvement Program (CIP) refers to this bridge as the
Valley River Bridge. The amendment would indicate the City's willingness to
participate in the project and would ensure the commitment of County and
private sector matching funds.
Written testimony was received from Cheryle Hawkins, president of the
Whiteaker Community Council.
Councilor Bascom opened the public hearing.
Dick Hansen supported the proposed amendment. He reviewed recent development
e on Goodpasture Island, specifically the construction of The Bon and an
additional expansion of Valley River Center that will add between 26,000 and
30,000 square feet. Mr. Hansen anticipated the construction of major medical
clinics, additional apartment projects, and another neighborhood shopping
center in the area and said it is important to plan now for the bridge that
will be needed to serve the additional traffic generated by these projects.
There being no additional requests to speak, Councilor Bascom closed the
public hearing.
Answering a question from Ms. Ehrman regarding Ms. Hawkins' testimony, Public
Works Director Chris Andersen said the preliminary studies for which the
amendment would secure funding will address many of Ms. Hawkins' concerns.
Citizen involvement and public review would be part of the planning process
for any project in the area. Ms. Andersen said that Federal and State
funding are not anticipated and that the project would be funded locally.
Ms. Bascom said it would be a mistake not to include reference to the east
bank bicycle/pedestrian trail as part of the environmental analysis that
would result from the amendment. She commented that the riverbank corridor
forms the spine of the bikeway system and should be included as part of the
initial study of transportation needs in the area.
Ms. Andersen said funding constraints limit the preliminary study to looking
e MINUTES--Eugene City Council October 9, 1989 Page 7
e at the road impact issue but the east bank trail would be looked at in the
vicinity of the project. She said the east bank trail itself is a separate
project and would require separate action and General Fund support. Staff
recommended including the east bank trail project in the eIP update and
capital budget adoption process. It is currently listed as an assessment
project in FY92.
Ms. Schue moved, seconded by Mr. Holmer, to direct staff to
include project funding in the update of the eIP for the
Environmental Assessment of the East Bank Trail. The intent
is to determine the environmental impacts, location, and cost
of the unbuilt portions of the East Bank Trail and to
establish time lines for construction of the trail.
Mr. Boles asked whether mass transit would be included as part of the study
of the use of gas tax and road funds. Ms. Andersen responded that the mass
transit implications would be considered as part of examining the opportunity
to provide for mixed use and offsetting trips by transit ridership. She
clarified that mass transit would be considered in the same way it is in
TransPlan, as a means of handling some trips. Ms. Andersen said that bike
lanes on the bridge would be included in the study.
Mr. Gleason said it was important to distinguish between the public and
private issues. The public's issue is broader than this particular river
crossing. Mass transit and individual transit crossings that will be
impacted by this project should be examined as part of the study. Those
e areas of impact include the 1-105 interchange, Ferry Street Bridge, the Delta
interchange, Highway 99, and the Chambers Overpass. He said that there are
significant public policy questions that should be addressed by the
environmental impact study because they will directly affect future
opportunities for mass transit in and out of the corridor.
Mr. Bennett asked for clarification of the motion's authorization of
expenditures for the East Bank trail. Mr. Gleason said approval of the
motion before the council would add to the eIP a proposal to fund the
analysis for the project. A district could be formed later to assess the
property owners for the project. Ms. Andersen emphasized the importance of
initiating an analysis because of the wetland implications in the corridor.
Answering a question from Ms. Ehrman, Ms. Andersen said the East Bank Trail
project would compete for funding with the also-incomplete Fern Ridge Trail.
Mr. Boles asked about the requirement to hold a public hearing regarding any
proposed amendments to the eIP. Ms. Andersen responded that the motion under
consideration would give direction to staff for preparation of a proposal to
come back to the council which would then determine whether to amend the eIP
(as part of the eIP update process).
Mr. Bennett maintained that the issue was being approached in the wrong way
and said he did not consider the request to be in the public interest. He
suggested that the East Bank Trail project should be processed the same as
any other request for inclusion in the CIP.
e MINUTES--Eugene eity Council October 9, 1989 Page 8
e Roll call vote; the motion carried 4:3, with councilors
Bascom, Boles, Green, and Schue voting aye; and councilors
~. Bennett, Ehrman, and Holmer voting nay.
. Ms. Schue moved, seconded by Mr. Holmer, to amend the adopted
City of Eugene Capital Improvement Program concerning a study.
and analysis of a road and bridge connecting River Road and
Goodpasture Isl~nd Road.
Ms. Ehrman commented that private donations for specific items such as street
lights have been received on past projects. ~
Mr. Boles indicated that because he considered the proposed analysis to be
directed exclusively toward automobile transportation for a limited set of
beneficiaries, he was unable to support it.
Roll call vote; the motion carried 6:1, with Mr. Boles voting
nay.
V. PUBLIC HEARING: COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING POLICY AND
DUPLEX SITE ACQUISITION
City Manager Mike Gleason introduced the topic. Robin Johnson presented the
staff report. She said that the Council Social Goals Committee requests
e approval of a policy to guide the expenditure of Community Development Block
Grant Funds. Currently $500,000 is set aside for activities that relate to
new housing for lower income households and $8,000 of that would be used to
acquire a parcel of land on Marcum Lane on which a duplex to house two
low-income families will be built.
Councilor Bascom opened the public hearing.
Terry McDonald, 3063 Whitbeck Boulevard, spoke on behalf of St. Vincent de
Paul Society which proposes construction of a prototype duplex at the site on
which the City is being asked to provide CDBG funds for its acquisition.
There being no further requests to speak, Councilor Bascom closed the public
hearing.
Responding to a question from Mr. Green, Mr. McDonald said that the projected
$350 monthly rent on the duplex is based on the anticipated debt service.
Ms. Schue moved, seconded by Mr. Holmer, to adopt a policy for
expending the $500,000 Community Development Block Grant
(CDBG) funds identified for low-income housing purposes and
to allocate $8,000 in CDBG funds to acquire a parcel of land,
upon which a duplex to house two low-income families will be
bu il t. This parcel is located on Marcum Lane and is Tax Lot
17-04-28-27-23. Roll call vote; the motion carried
unanimously, 7:0.
. MINUTES--Eugene City Council October 9, 1989 Page 9
---
e
VI. P.UBLIC HEARING: ANNEXATION/REZONING REQUEST FOR PROPERTY LOCATED ON
SPRING CREEK DRIVE BETWEEN RIVER ROAD AND SCOTTSDALE STREET
. (SMITH, AZ 89-2)
.
City Manager Mike Gleason introduced the topic. Cathy Czerniak, Planning and
Development Department, reported that the change is being processed at the
request of the property owners, Mr. and Mrs. Smith. Ms. Czerniak summarized
the criteria the council uses to make decisions on annexations and zone
.
changes: the property proposed for annexation must be inside the urban
growth boundary and the annexation must be consistent with adopted plans and
policies; public services and facilities must be available; the uses and
densities that will be allowed by the change must be able to be provided with
services, and the change must be consistent with the Metro Plan and with
applicable neighborhood plans.
The property owners requested annexation because of serious problems with the
existing septic system and ask that the council request that the Lane County
Boundary Commission use the expedited processes for approving the annexation.
If the annexation receives final approval, the six-year tax differential plan
will be applied.
Councilor Bascom opened the public hearing.
Patricia Gehlhaar, 84 Spring Creek Drive, represented the property owners.
e As the tenant occupying the property proposed for annexation, Ms. Gehlhaar
reiterated the need for an expedited process to allow sewer hook-up.
There being no additional requests to speak, Councilor Bascom closed the
public hearing.
Res. No. 4148--A resolution furthering annexation to the City
of Eugene and the Lane County Metropolitan
Service District for property located on
Spring Creek Drive.
Final Order--A final order rezoning the property located on
Spring Creek Drive between River Road and
Scottsdale Street from County AG/UL to City R-l.
Redesignation from County Residential Sign
District to City Residential Sign District.
Ms. Schue moved, seconded by Mr. Holmer, to adopt the
resolution and final order. Roll call vote; the motion
carried unanimously, 7:0.
e MINUTES--Eugene City Council October 9, 1989 Page 10
.'-
e VII. PUBLIC HEARING: ORDINANCE CONCERNING AMATEUR RADIO ANTENNA STRUCTURES
City Manager Mike Gleason introduced the item. Jerry Jacobson, Planning and
Development Department staff, reported that the impetus behind the ordinance
is an order issued by the Federal Communications Commission requiring local
jurisdictions to reasonably accommodate amateur radio communications
facil ities. The FCC recognizes that amateur ("ham") radio is a vital,
noncommercial communication service with particular respect to providing
emergency communication as well as promoting international good will.
Currently, City Code regulates the placement of amateur radio and other
antenna structures through the conditional use permit process which is costly
and often prevents some citizens from being involved in amateur radio. The
proposed amendment would reasonably accommodate amateur radio antenna
structures in a consistent manner that will allow those structures in
residential areas subject to certain development standards pertaining to
heights, setback, and safety. These standards would be regulated through the
building permit process. The Planning Commission unanimously recommended
adoption of the proposed ordinance.
Mr. Boles asked about restrictions affecting guy wires placed on adjacent
property. Mr. Jacobson explained that the placement of guy wires must
conform to setback requirements and may not cross property lines. This may
preclude establishing towers on some lots.
e Councilor Bascom opened the public hearing.
Robert Bennett, 85334 South Willamette Street, described amateur radio
service as an effective way to stimulate a technical interest among young
people and to provide an opportunity for self-improvement and career
development. Because the conditional use permit process and its fee makes
that involvement difficult for many, he urged passage of the ordinance before
the council.
There being no additional requests to speak, Councilor Bascom closed the
public hearing.
CB 4165--An ordinance concerning amateur radio antenna
structures; amending Sections 9.015, 9.384, 9.386,
9.439, 9.440, and 9.536 of the Eugene Code, 1971;
and declaring an emergency.
Ms. Schue moved, seconded by Mr. Holmer, 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,
7:0.
Council Bill 4165 was read the second time by number only.
e MINUTES--Eugene City Council October 9, 1989 Page 11
---
e Ms. Schue moved, seconded by Mr. Holmer, that the bill be
approved and given final passage. Ro 11 ca 11 vote; all
!'. councilors present voting aye, the bill was declared passed
(and became Ordinance No. 19639).
... .
VII I. ORDINANCE CONCERNING TRAFFIC REGULATIONS
.
City Manager Mike Gleason introduced the topic. Bill Gary, City Attorney's
Office, explained that State law requires that the City traffic code conforms
to that of the State. This ordinance would reenact the State traf(,c code as
the City traffic code to adopt the amendments made in the 1989 Legislative
Session.
Mr. Green requested clarification of the emergency declaration that appears
in ordinance language. Mr. Gleason explained that the emergency provision
allows a second reading to be dispensed with and an ordinance to be enacted
more qui ck ly.
In this particular situation, use of the emergency clause brings City law
into compliance with State law immediately upon passage.
CB 4166--An ordinance concerning traffic regulations; amending
section 5.005 of the Eugene Code, 1971; and declaring
an emergency.
e Ms. Schue moved, seconded by Mr. Holmer, 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,
7:0.
Council Bill 4166 was read a second time by number only.
Ms. Schue moved, seconded by Mr. Holmer, 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. 19640).
IX. RIVER ROAD ANNEXATION/ELECTION TIMELINE
City Manager Mike Gleason introduced the topic. Pat Decker, Planning and
Development Department, described the issue before the council as one of
timing. In July, the council directed staff to initiate the process for a
sewer construction project in the River Road area and to proceed with
preparation for a council-initiated annexation that would culminate in a May
1990 election. A revised sewer connection schedule is expected from the
Environmental Protection Agency (EPA) in the near future and the council was
asked to consider a revised time line to meet those requirements. The
recommendation would 1) result in the shortest gap between the City's
e MINUTES--Eugene City Council October 9, 1989 Page 12
e provision of services and the receipt of revenues to support those services;
2) avoid asking City residents to bear the cost on the increased tax base for
the first year; 3) increase likely participation in the election; and 4)
allow more time for providing information to residents on the issues
associated with annexation.
Ms. Schue moved, seconded by Mr. Holmer, to accept the staff
recommendation for revision of the time frame for a
council-initiated annexation of River Road.
Responding to a question from Mr. Boles, Ms. Decker said that the earlier
schedule would have initiated the annexation about four months sooner and the
election would have been held about six months earlier, thus resulting in a
longer period of time to bear the additional costs for the unannexed portion.
Roll call vote; the motion carried 6:1, with Mr. Holmer voting
against.
Mr. Holmer said that the issue had already been deferred too long and he saw
no reason to postpone it until November 1990.
X. MODIFICATION OF HOUSING AGREEMENT WITH EUGENE EMERGENCY HOUSING
City Manager Mike Gleason introduced the item. Jan Bohman, Planning and
e Development Department, reported that the agreement previously discussed by
the council authorized the Manager to enter into an agreement with DH, Inc.
that would include a clause that would have the property revert to the City
if the facility ceased to be operated as a head-injured facility. That
clause was not acceptable to HUD attorneys and a modified agreement was
proposed that would include covenants giving the City the right to file suit
if operation as a disabled facility is discontinued.
Ms. Schue moved, seconded by Mr. Holmer, to authorize the City
Manager to execute an agreement with DH, Incorporated, for
sale of a portion of the Lincoln School property for a
housing project for head-injured individuals. Roll call
vote; the motion carried unanimously, 7:0.
XI. AUTHORIZATION OF CONTINUATION OF COMMUNITY RESPONSE TEAM UNTIL
COMPLETION OF EVALUATION
City Manager Mike Gleason requested an expenditure of approximately $7,000
under the current authorization to allow continuation of the Community
Response Team (CRT) until the council completes its evaluation of the
program.
Mr. Bennett supported Mr. Gleason's request. Mr. Boles observed that Mr.
Gleason's proposal would maintain continuity of services up until the point
of evaluation.
e MINUTES--Eugene City Council October 9, 1989 Page 13
e Ms. Schue moved, seconded by Mr. Bennett, to authorize the
r City Manager to continue funding for personnel expenses of
the Community Response Team until the council makes a
" decision regarding its continuation past October 23, 1989.
Roll call vote; the motion carried unanimously, 7:0. .
The meeting adjourned at 10:3S p.m. to October 11, 1989.
Respectfully submitted, #,
:;#~ -. "
I~ -
Micheal Gleason,
City Manager
(Recorded by Mary Feldman)
mncc 100989-730
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e MINUTES--Eugene City Council October 9, 1989 Page 14