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HomeMy WebLinkAbout02/24/1982 Meeting '. M I NUT E S e Eugene City Council City Council Chamber February 24, 1982 11:30 a.m. COUNCILORS PRESENT: Betty Smith, Mark Lindberg, D. W. Hamel, Brian Obie, Eric Haws, Gretchen Miller, Cynthia Wooten, and Emily Schue. Adjourned meeting of the City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor Gus Keller. I. ITEMS FROM MAYOR & COUNCIL~ APPOINTMENTS, ANNOUNCEMENTS, AGENDA ADJUSTMENTS . A. Legislative Subcommittee Meeting/NLC Considerations Ms. Smith stated that the Legislative Subcommittee met this morning. Paget Engen, Staff Services, gave an update on the legislative special session. They discussed priorities that Eugene's delegation will be focusing on when they attend the National League of Cities meeting in Washington DC. Councilor Hamel, Councilor Lindberg, and Ms. Engen will be attending. The six-point program is the main focus, with Airport funding, CETA re-authorization, Community Develop- ment Block Grants, and street and sewer funding as other concerns. They will work with the Oregon delegation. Additional suggestions for topics to be covered should be given to Councilors Lindberg or Hamel as soon as possible. B. NlC Steering Subcommittee on Human Services Mr. lindberg stated that he has been appointed to the National League of Cities' Steering Committee on Human Services which deals with the City's policies regarding CETA and other items. C. Economic Diversification/Mass Transit Mr. Lindberg stated that he has been thinking about the situation at 10th and Willamette and it occurred to him that mass transportation had not been included as a part of the City's six-point economic diversification program. He urged that the City Manager arrange for a presentation to the lTD Board and suggested that LTD be kept informed and involved in the City's program. D. Land Use Planning Decision Ms. Miller stated that one issue raised at the end of the Metropolitan Plan process was that cities would have more responsibility for land use plan- ning. The Court of Appeals ruled that cities and counties have that primary responsibility. - MINUTES--Eugene City Council February 24, 1982 Page 1 E. Boundary Commission Funding Update ~ Ms. Wooten asked what had occurred at the Boundary Commission meeting. Ms. Miller responded that valuable testimony was presented at that meeting. The assessments and the commission budget were reviewed. Staff of the Boundary Commission was directed to pursue additional cost-cutting methods. Diane Nechak will be following up on this. F. Potential for Use of Interest Money from Obligation Bond Ms. Wooten stated that she, as well as Ed Smith, Facilities Development, has requested the City Attorney to develop an opinion regarding the legal status of using obligation bond money interest for projects other than direct con- struction costs connected with the Performing Arts Center. That opinion will be forthcoming. G. Resource Recovery Advisory Committee Ms. Wooten stated that she has been a member of the Lane County Resource Recovery Advisory Committee. This is a very technical committee, and she can no longer attend these meetings. She suggest~d that Bill Guenzler, Public Works, be appointed to attend in her place. She would, however, be willing to act as a liaison. Ms. Smith stated her support for this arrangement, since Mr. Guenzler is now serving on the 208 Committee since she was in the same situation. Ms. Wooten stated that she would like to have Mr. Guenzler be appointed as a voting member. H. Request for Legal Opinion e Ms. Wooten requested the City Attorney to review the State bidding law with respect to artists. The prior interpretation of the requirements for bids was that in the case of artists, the City was dealing with non-professionals. This review should determine if artists are professionals and if the City can contract with them directly. I. Status Report on 1-1 Zoning Designation Mr. Obie noted that the Mayor had asked him to give a report on the subcommittee reviewing the proposed 1-1 zoning designation (Special Light Industrial Zoning). He, Ms. Smith, and the Mayor spent time going over the proposal with the Planning Commission and others yesterday. They have asked for additional information as well as expert input from consultants. There will need to be at least two future meetings. Other council members who would like to attend these meetings should contact the City Manager's Office. This will be a very thorough report when it is completed. J. Appointments Mr. Obie moved, seconded by Ms. Schue, to appoint Ann M. Kemrny, 3974 Josh, to the Sign Code Board of Appeals for a term ending January 1, 1985. Roll call vote; motion carried unanimously. e MINUTES--Eugene City Council February 24, 1982 Page 2 e Consideration of the Mayor's appointment to the Community Schools Coordinating Committee was held over for one week. II. ROUTINE ITEMS FOR COUNCIL APPROVAL A. Consideration of legislative Subcommittee Minutes of February 10, 1982 (distributed) Mr. Obie moved, seconded by Ms. Schue, to approve the Legislative Subcommittee minutes of February 10, 1982. Roll call vote; motion carried unanimously. B. Payment of Bills and Claims (distributed) Res. No. 3633--A resolution authorizing the payment of bills and claims for the period February 17, 1982, through February 24, 1982. Mr. Obie moved, seconded by Ms. Schue, to adopt the resolution. e Mr. Haws stated that he is concerned about payments being made to the Eugene Sports Program for gym supervision when City firefighters are being laid off because of budget problems. Mr. Gleason stated that $60,000 from the recreation programs was removed and they are trying to remove all non-fee-supported programs. Others will have fees raised. He will bring back a report on the Eugene Sports Program. Roll call vote; motion carried unanimously. C. Amending Ordinance re: Daneland Mobile Home Park storm sewer assessment (memo distributed) CB 2433--An ordinance amending Ordinance 18829; levying assess- ments in connection with storm sewer construction 1,650 feet north of Royal Avenue from Terry Street to 900 feet east; and declaring an emergency. Ms. Wooten stated that she had served on this particular assessment panel with Mr. Hamel. She assumed that the judicial process upheld the correct decision. The information presented was confused and did not explain why the information that assessment panel members had when making their decision was incorrect. Councilors need to be able to rely on staff for correct information in these cases. Keith Martin, City Attorney, stated that a question was raised regarding cal- culating assessments and staff had said, at the time, the council could do it either way. There was a difference of opinion. The court took a more literal definition of the ordinance, where the City felt there was more latitude. The e MINUTES--Eugene City Council February 24, 1982 Page 3 e court determined that both parties were in error and in the wrong position. Some parts in the City process need to be changed, i.e., findings of fact by the panel. Also, there was no written agreement although it was alluded to in the staff minutes. Micheal Gleason, City Manager, added that the court changed the ground rules. The court said they understood the City's process better than the City did. Mr. Obie moved, seconded by Ms. Schue, that the bill be read the second time by council bill number only, with unanimous consent of the council, and that enactment be considered at this time. Roll call vote; motion carried unanimously. Council Bill 2433 was read the second time by council bill number only. Mr. Obie moved, seconded by Ms. Schue, that the bill be approved and given final passage. Roll call vote; all councilors present voting aye, the bill was declared passed and numbered 18934. III. AMENDMENT TO ASSAULT AND BATTERY ORDINANCE (memo, ordinance distributed) Mr. Martin stated that only one change was made to the assault and battery provisions. The phrase "physical harm" was previously included. The City Prosecutor has asked that it be removed. The ordinance and the offenses will be basically the same. The City Prosecutor did not feel that "physical harm" was a concise term. e CB 2434--An ordinance concerning assault and battery; amending Section 4.730 of the Eugene Code, 1971; and declaring an emergency. Mr. Obie moved, seconded by Ms. Schue, that the bill be read the second time by council bill number only, with unanimous consent of the council, and that enactment be considered at this time. Roll call vote; motion carried unanimously. Council Bill 2434 was read the second time by council bill number only. Mr. Obie moved, seconded by Ms. Schue, that the bill be approved and given final passage. Roll call vote; all counci lors present voting aye, the bill was declared passed and numbered 18935. IV. REVISION OF CHAPTER 5 (TRAFFIC SECTION) OF THE CITY CODE--INITIAL PRESENTATION (memo distributed) Mr. Gleason stated that this item is for information only, but that staff members were available to answer questions. A public hearing will be held on this item March 8, 1982. Mr. lindberg asked if we would be in violation of State law if this section was not revised. Mr. Martin responded that the City would be in violation of both State and Federal laws. Mr. Martin noted a correction on page 13 of the ordinance. The second line should read "charging," e not "discharging." MINUTES--Eugene City Council February 24, 1982 Page 4 ~. . , e e e Mr. Gleason announced that a work session on the Teleprompter franchise would be held immediately following this meeting in the McNutt Room. The meeting was adjourned. (Recorded by Lynda Nelson) MDG:LN:ce/CM8a1 MINUTES--Eugene City Council February 24, 1982 Page 5