HomeMy WebLinkAbout11/22/1989 Meeting
e M I NUT E S
Eugene City Council
McNutt Room--City Hall
November 22, 1989
11:30 a.m.
COUNCILORS PRESENT: Ruth Bascom, Rob Bennett, Emily Schue, Debra Ehrmarr,
Bobby Green, Freeman Holmer.
COUNCILORS ABSENT: Shawn Boles, Roger Rutan.
The adjourned meeting of November 20, 1989, of the Eugene City Council was
called to order by His Honor Mayor Jeff Miller.
1. ITEMS FROM THE CITY COUNCIL, MAYOR, AND CITY MANAGER
A. WISTEC to Remain Open
Ms. Bascom announced that WISTEC, which closed its doors temporarily last
e August, has decided to remain open. She noted that the $10,000 grant which
WISTEC received from Lane County was instrumental in the decision to remain
open. Mr. Miller indicated that he will write a letter to the Governor on
behalf of the council encouraging the State to offer financial assistance to
WISTEC as well.
B. Initiative Measure to Presidents Council
Ms. Bascom said that at the November 20 public hearing the council made a
decision to send the proposed initiative petition measure to the Citizen
Involvement Committee for review. Ms. Bascom suggested that the council also
consider sending this measure to the Presidents Council, allowing them the
opportunity to offer input as well. Mr. Miller remarked that this issue
should be given serious consideration because members of these neighborhood
groups are not council-appointed. Ms. Schue said that although she is not
opposed to this idea, the council needs to discuss the extent of involvement
that such citizen groups will have in council activities before referring
decisions to them. Ms. Ehrman added that these groups should also be
directed to inform the council of their expectations about the role they
should play with respect to involvement in council activities.
C. Revisitation of Sign Code Issue
Ms. Bascom indicated that she was not satisfied with the council's action on
the Sign Code moratorium at the November 20 public hearing and asked for
e MINUTES--Eugene City Council November 22, 1989 Page 1
e council support on this issue. Mr. Holmer said that he was also dissatisfied
with council action on this issue.
Mr. Holmer moved, seconded by Ms. Ehrman, to reconsider Mr.
Bennett's motion mandating a 90-day moratorium on billboards
over 100 square feet. Roll call vote; the motion carried
unanimously, 6:0.
Mr. Sercombe, City Attorney, indicated that Mr. Bennett's motion attempted to
change three aspects of the ordinance proposed for Monday night: to change
the definition of billboard to designate any sign with a single face greater
than 100 square feet, to decrease the period of the moratorium from 180 days
to 90 days, and to except the Hilton's application for a billboard to be
located on 1-5 from this moratorium. Mr. Sercombe suggested that wording for
exception the Hilton's application should read lito except any applications
for permits for billboards for property abutting 1-5.11
Responding to a question from Mr. Miller, Mr. Sercombe said that if the
council wanted to impose a moratorium on mini-billboards only, they could do
so by amending the ordinance that was before the council at the public
hearing. These mini-billboards are defined as signs of a single face
greater than 100 square feet and less than 200 square feet.
Mr. Bennett indicated that the intention of his motion was to include a
moratorium on mini-billboards as well as standard-sized billboards. His
perception of the purpose of Planning Commission's Sign Code update was to
- make recommendations for change in a code that will serve as future poliCY
for all types of billboards.
Mr. Holmer said that he cannot support any motion which provides for a
moratorium on all billboards. He said that the Planning Commission has
failed to deal with this issue in a timely manner and felt that by not
adopting a moratorium, the council will be able to pressure the Planning
Commission into drafting an ordinance that will be acceptable to the entire
council.
Ms. Ehrman said that this is not the only issue that the Planning Commission
has to deal with, and its inability to deal with this issue in the specified
time frame should not be taken out on the community. She added that although
90 days might not be sufficient time for Planning Commission review, it is an
acceptable compromise. In light of the 20 billboard applications that are
exempted from this moratorium, she felt that the moratorium should include
all billboards that are 100 square feet or greater. Ms. Bascom agreed that
although 90 days might be restrictive, it should be sufficient time to
evaluate the success of such a moratorium on billboards.
Ms. Schue acknowledged that although a further proliferation of billboards is
unlikely if a moratorium were adopted, the council should not risk having any
number of billboards. She is, therefore, in favor of the proposed
moratorium.
e MINUTES--Eugene City Council November 22, 1989 Page 2
e Mr. Green indicated his opposition to the proposed moratorium for billboards
as they are currently defined. He said that he supports Mr. Bennett's
concern for the proliferation of mini-billboards and would support a 90-day
moratorium which should allow the Planning Commission some time to review the
issue of mini-billboards. ;~e added that if 90 days is not sufficientt the
time period can be extended.
Mr. Bennett said that he has had an opportunity to discuss the issue of
moratorium with members of the sign industry and noted that they do not seem
to oppose a 90-day moratorium.
Mr. Sercombe informed the council of the changes that would be required in
the Eugene Code under Mr. Bennett's motion. He said that it would be
necessary to create a new Section 4 within the ordinance and to renumber the
existing Section 4 to Section 5. Section 4 would read "the moratorium
imposed by Section 1 of this ordinance does not apply to application for
billboard permits for property abutting 1-5." Mr. Sercombe also discussed
some minor modifications in the existing code that would need to be made as a
result of decreasing the period of moratorium from 180 days to 90 days.
Mr. Sercombe said that the most direct means of removing the motion that Mr.
Bennett made at the public hearing is for the council to vote down the
motion.
Roll call vote; the motion failedt 6:0.
- CB 4178--An ordinance opposing moratorium on issuance of
certain sign permits.
Ms. Bascom movedt seconded by Mr. Bennettt that the billt with
unanimous consent of the council t be read the second time by
council bill number onlYt and that enactment be considered at
this time. Roll call vote; the motion carried unanimouslYt
6:0.
Ms. Bascom movedt seconded by Mr. Bennettt that the bill be
approved and given final passage. Roll call vote; the motion
carryingt 5:1t with councilors Bascomt Bennettt Schuet
Ehrman, and Green voting in favor; and councilor Holmer
voting against; the bill was declared passed (and became
Ordinance No. 19654)
D. National League of Cities
Mr. Green announced that he, Ms. Ehrmant and Mr. Boles will be representing
the Eugene City Council at the National League of Cities meeting in Atlanta.
e MINUTES--Eugene City Council November 22, 1989 Page 3
e E. Urban Renewal Adoption
Mr. Holmer indicated that at the November 8 City Council meeting, the council
voted to adopt the new Urban Renewal Plan for the Central Eugene Project. He
also noted that consideration of Resolution 941 on that agenda was deferred
to a later date and expressed concern that this issue has not rescheduled to
come before the council in the near future. Resolution 941 grants the City
the authority to execute a development and disposition agreement, ground
lease agreement, parking structure construction agreement, and reciprocal
easement agreement for property located at 8th Avenue and Willamette Street.
Mr: Holmer indicated that the council, as an Urban Renewal Agency, should act
on Resolution 941 soon and requested staff to provide the council with
additional background information that was not provided in the initial
packet; included in this request is a copy of Resolution 923.
Mr. Holmer said that information provided in Resolution 941 conflicts with
information in Resolution 923, especially in regard to the period and
compensation for property lease. He further stated that the council has been
given no indication to suggest why charging an amount greater than 10 percent
of net cash flow would make construction at this site economically
infeasible.
F. Chocolate Challenge
Mr. Miller noted that the University of Oregon football team was recently
- invited to the Independence Bowl in Shreveport, Louisiana, and offered a
challenge to the Mayor of Tulsa regarding the results of this game. Mr.
Miller indicated that he would send a letter to the Mayor wagering several
boxes of "homegrown" chocolate that the Oregon Ducks will be victorious in
this competition.
G. Southern Willamette Private Industry Council (SWIPIC)
Mr. Miller reminded council members that Mr. Rutan had requested that each
member of the council attend a SWIPIC meeting in his place and asked for a
volunteer to attend the November 30 meeting. Ms. Ehrman volunteered.
H. World AIDS Day
Mr. Miller informed the council that December 1 is World AIDS Day and said
that he has been asked to have a council representative present at this
ceremony. It was also requested that the City fly its flags at half-staff
in order to bring awareness of the tragedy that is occurring within our
nation as a result of AIDS. The council offered unanimous support for this
suggestion. Ms. Ehrman volunteered to represent that council at this
commemoration.
e MINUTES--Eugene City Council November 22, 1989 Page 4
. I. Improved Communication between the Council and Planning Commission
Mr. Miller suggested that council members should meet members of the Planning
Commission and Planning staff to discuss some of the activities that are a
part of the planning process and to foster improved communication between the
council and the Planning Commission. Ms. Schue said that she supports this
suggestion and hopes that any decisions made in this meeting will be brought
to the attention of the full council. Ms. Ehrman commented that a major
change in department heads has occurred over the past six months and
suggested that many of the communication problems may be simply related to
transitional changes.
IV. INITIATION OF RIVER ROAD SANITARY SEWER IMPROVEMENTS AND PROPOSED
TIME SCHEDULE FOR CONSTRUCTION PHASING
Assistant City Manager Dave Whitlow introduced the topic. Le s Ly 1 e, City
Engineer, provided a brief staff report. During a work session in July 1989,
the Mayor and council provided direction to staff to begin the process for
design of the sewer construction project to service the River Road area. On
October 24, an information session was held with River Road residents to seek
feedback on the proposed sewer construction phasing and schedule. During
this session, residents indicated some concern about a portion of the
phasing; residents were concerned with the installation of sanitary sewers
and its relationship to the improvement of Maxwell Road. Based on this
e input, staff modified schedule of construction mostly in the north area of
River Road.
Staff is requesting the Mayor and council to formalize the initiation of the
design process for sanitary sewers in the River Road area. This will enable
the City to meet the required Environmental Protection Agency sewer hook-up
schedule. In addition, staff is informing council of revisions made to the
original construction phasing plan.
Ms. Bascom moved, seconded by Mr. Bennett, that the City
Council initiate consideration of the proposed construction
of sanitary sewers by Local Improvement District in the River
Road area, as indicated on the attached map. Direct the City
Engineer to prepare plans and specifications and call for
bids. Roll call vote; the motion carried unanimously, 6:0.
III. ORDINANCE TO AMEND CHAPTER 7 OF THE EUGENE CODE
Mr. Lyle indicated that the primary reasons for the proposed changes are in
response to provision of sanitary sewer service in the River Road area.
These proposed amendments allowed the City to construct sanitary sewers
outside the incorporated limits of the city when authorized by the City
- MINUTES--Eugene City Council November 22, 1989 Page 5
e Council, allow equivalent assessments to be levied on sewers outside the
city, and provide for some general clarification changes that have arisen
since the 1986 revisions.
Referring to Section 7.185, Mr. Green said that some area residents have
expressed concern regarding the timing of notices. He noted that under this
ordinance, the property owner has until the third business day for the
hearing date and asked if this would provide enough time for the owner to
respond to the notice. Mr. Lyle responded that the City is implementing a
program whereby residents are provided with more detailed information at the
time of bid-award. This will give residents a period of time between
contract initiation and bid-assessment in which to seek additional
information, if needed. Responding to a question from Mr. Green, Mr. Lyle
said that this procedure mandates that hearings officials be present at the
identified location, regardless of whether anyone has indicated an intent to
testify.
Ms. Bascom said that residents of the River Road area have been given
estimates of what charges would be both with annexation and without, and he
inquired about the precision of these figures. Mr. Lyle said that because
the actual cost is based on bid, it is difficult to obtain a precise
estimate. He noted that residents of this area have been informed that these
figures are only estimates and that the actual figures will be made available
after bids have been awarded.
e CB 4177--An ordinance concerning assessments and development
charges, amending Sections 7.005, 7.010,7.050, 7.055,
7.060, 7.065, 7.070, 7.085, 7.012 5, 7.130, 7.135,
7.140, 7.145, 7.160, 7.165, 7.166, 7.175, 7.185,
7.190, 7.195, 7.250, 7.281, and 7.520 of the~Eugene
Code, 1971; and providing an effective date.
Ms. Bascom moved, seconded by Mr. Bennett, 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,
6:0.
CB 4177 was read the second time by bill number only.
Ms. Bascom moved, seconded by Mr. Bennett, that the bill be
approved and given final passage. Roll call vote; the motion
carrying unanimously, 6:0, the bill was declared passed (and
became Ordinance No. 19653).
IV. WORK SESSION: COUNTYWIDE LIBRARY SERVICES
Carol Hildebrand, Assistant Librarian for the Eugene Public Library, provided
a brief staff report. At the direction of the Board of County Commissioners,
the County Administrator has discussed with local governments that operate
e MINUTES--Eugene City Council November 22, 1989 Page 6
e libraries a proposal to restore library services. Rural non-City Lane County
residents have been without library service since the county library levy
failed in June, 1988.
The Board of County Commissioners appointed a countywide task force to
investigate possible ways to restore library services to members of the
county. The task force has drafted a proposal that will provide service to
county residents by contracting with the cities that currently have existing
libraries and library districts. Public library services would be provided
to county users without imposing a fee. The County would not reestablish a
library, but would simply administer the contracts. Rather than operate its
own library, the County would provide access to existing sources.
Reimbursement will be provided for permitting county residents to make use of
the library resources. Calculation for reimbursement will be based on actual
library use; the approximated reimbursement for the Eugene Public library is
$165,000 the first year. Because this service will need to be funded by a
serial levy, taxes collected in the cities and districts would be rebated to
them, over and above the contract payment. Eugene would receive a rebate of
about $400,000 a year. A three-year levy is assumed, with the contract
amount to be adjusted each year to reflect actual usage. Ms. Hildebrand said
that this proposal has been discussed and accepted by the staffs of these
libraries and cities and by the Lane Council of Librarians.
Mr. Holmer inquired about the way in which county participation in the
e library will be measured. Ms. Hildebrand responded that the Council of
Librarians has suggested that participation be calculated based on the number
of items checked out by county residents.
Ms. Ehrman asked whether the money obtained from the rebate would be
dedicated back to the library budget. Ms. Hildebrand replied that the use of
these funds in the future would be dictated by the council and budget
committee. The practical value of this proposal to the Eugene voter would be
evident in increased library service and enhanced resources. Ms. Hildebrand
said that library hours would be extended to include Tuesday evenings in the
summer and Wednesday evenings year-round. Additionally, the money obtained
from this rebate would be informally dedicated toward the book and materials
budget, thus increasing existing resources.
Mr. Bennett asked why the serial levy is calculated so that the rebate is
substantially higher than the cost. Mr. Kaplan, consultant on the issue,
said that the amount of money needed to be collected in rural areas in order
to provide service to rural residents and the tax rate to collect that amount
are figured first. Because it is a countywide service, the tax rate must be
collected on a countywide basis. Approximately $295,000 will be collected
from the rural areas and allocated among the seven existing public libraries
to pay for county service. Money will be collected at the same tax rate in
all seven cities and districts that have existing library services. This
money will be rebated to those districts, less a small amount for
interlibrary projects. Mr. Bennett said that he supports the reimbursement
e MINUTES--Eugene City Council November 22, 1989 Page 7
e notion but added that this proposal should be structured in a way that will
be comprehensible to the average citizen.
Mr. Holmer offered his support to the idea of subsiding County library
services through use of existing library resources but expressed displeasure
with the thought of having to deal with a serial levy every third year. He
asked about the possibility of offering such services through a tax increase.
Mr. Kaplan said that the decision for a serial levy was made because such
serial levies are often successful, whereas proposals for tax increase are
often not.
Mr. Bennett expressed concern that the levy funds are not dedicated
specifically to enhancing library resources, but rather would go directly
into the budget. Mr. Holmer responded that the library improvement needs
have always come from budgetary resources and it is his intention that these
funds be considered as committed to the library.
Ms. Bascom moved, seconded by Mr. Holmer, to direct staff to
draft an agreement for the terms of service and reimbursement
for a countywide library service plan.
Ms. Bascom said that she is pleased with this proposal and noted that this is
a step in the right direction to improving library service.
Roll call vote; the motion carried unanimously, 6:0.
e Ms. Schue asked Mr. Miller to write a letter to the County Commissioners on
behalf of the council expressing appreciation for the efforts made with
respect to this project and offering council support for this proposal.
V. APPOINTMENTS: PLANNING COMMISSION AND DOWNTOWN COMMISSION
Ms. Bascom announced the results of voting for member appointment to the
Downtown and Planning Commissions. Voting results for the Planning
Commission are as follows: Jenny Sirnio, 5 votes; Richard Duncan, 2 votes;
one vote for neither applicant. Results for the Downtown Commission are as
follows: Richard Larson, 8 votes; Brad Perkins, 8 votes.
Mr. Whitlow noted that a question was raised about whether a councilor who is
not present at the meeting is still eligible to vote. Mr. Sercombe said that
although he is unsure of the answer, past custom has allowed absent
councilors to cast ballots.
Ms. Bascom moved, seconded by Mr. Bennett, that the council
appoint Richard Larson and Brad Perkins to the Downtown
Commission; and that the council appoint Jenny Sirnio to the
Planning Commission. Roll call vote; the motion carried
unanimously, 6:0.
e MINUTES--Eugene City Council November 22, 1989 Page 8
~ The meeting adjourned at 12:55 p.m.
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Micheal Gleason
City Manager
(Recorded by Traci Northman)
MNCC 112289
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~ MINUTES--Eugene City Council November 22, 1989 Page 9