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HomeMy WebLinkAbout09/21/1983 Meeting M I NUT E S e Eugene City Council City Council Chamber September 21, 1983 11:45 a.m. COUNCILORS PRESENT: John Ball, Richard Hansen, Freeman Holmer, Mark Lindberg. Emily Schue, Betty Smith, Cynthia Wooten. ABSENT: Councilor Brian Obie, Mayor R. A. "Gus" Keller. Adjourned meeting of the City Council of the City of Eugene, Oregon, was called to order by Councilor Schue in the absence of Mayor Keller. I. ITEMS FROM MAYOR & COUNCIL, APPOINTMENTS, ANNOUNCEMENTS, AGENDA ADJUSTMENTS A. Eugene Celebration Councilor Wooten reminded the council and those others present that the Eugene Celebration will have its first event, the Mayor's Invitational Fine Art Show, on September 23, 1983, in the Park Willamette Building, with a reception from 5:30 to 8:30 p.m. e B. Local Government Expenditure Limitation Councilor Wooten said the Financial Planning Committee met on September 19, 1983, with a report from Steve Bauer, the executive director of the League of Oregon Cities, on the activities of the House-Senate Conference Committee in regard to the property tax refinance program. She said the Financial Planning Committee agreed in its concern with any proposal which creates a "stand-alone" local government expenditure limitation. She said the exemptions for local government property tax and other revenue-generating sources are narrow. She said she has composed a letter in cooperation with the League of Oregon Cities for submission to the Lane County delegation. She said the letter states that the council does not want the enactment of a local government expenditure 1 imitation either by statute, constitution, or referraol to the voters as a separate item from other menu proposal s. She circul ated the letter to the council for input and asked the council to take action on the letter later in the meeting. She said she has also spoken to Senators Hendriksen and Frye and will report on those conversations at a later time. C. Job Training Partnership Act Councilor Lindberg said he had just returned from a meeting of the National League of Ci ties. He said that unless the Appropriations Committee changes its mind, Eugene may be cut by 27 percent in its Job Training Partnership Act fundi ng. He said the council should contact Senator Hatfield, the chairman of the commi ttee. e MINUTES--Eugene City Council September 21, 1983 Page 1 D. Downtown Manager e Councilor Hansen asked that the council be brought up to date on the Downtown Commission and where the council stands on the situation with the Downtown Manager. He also asked the council to consider some response to the letter received regarding the Woonerf project. He said the citizen had stated some , specific concerns which should be answered. E. Public Works Association Subcommittee Councilor Holmer said he attended a meeting of the American Public Works Associ- ation in Detroit last week. He said that he has been asked to serve on its subcommittee on state/local relations, partly in response to the council's Legislative Subcommittee recommendation against a bill which would have granted authority to the State Legislature to determine any goods or services provided by any local government. He said the bill did not receive a hearing before a legislative committee. F. Appointments 1. Mayor's appointment to the Joint Agency Committee for Review of Sanitary Sewer Fees (memo distributed) Councilor Schue announced that Ms. Smith has agreed to serve on this committee. 2. Mayor's appointment to the Bicycle Committee (memo distributed) e Councilor Schue announced that the Mayor has appointed Ruth BreMiller, 590 West 29th Avenue, to this committee. 3. Mayor's nominations to the Eugene Private Industry Council (memo distributed) Ms. Smith moved, seconded by Mr. Lindberg, to approve the Mayor's appointments of Pat Pooley, 2496 Harris Street; Sandra Rolene, 82 Howard Avenue; and Al Thompson, 1333 Oak Patch Road, Apt. 93, to the Private Industry Council. Ms. pooley's term to expire Dec. 31, 1985. Ms. Rolene's and Mr. Thompson's terms to expire Dec. 31, 1986. Roll call vote; the motion passed unanimously, 7:0. In response to a question by Mr. Holmer in regard to the Mayor's appointments to the Private Industry Council, Mr. Ball said there are specified slots on the council for private and other sectors. City Manager Micheal Gleason said that federal law requires the council to be the private/public partnership. He said that further information will be supplied on how the positions are solicited. 4. Balloting for Planning Commission finalists/Set interview time (ballot, applications distributed) Councilor Smith suggested that balloting for Planning Commission members be delayed until September 28, 1983. She asked staff to contact applicants on file to determine their willingness to serve prior to balloting. e MINUTES--Eugene City Council September 21, 1983 Page 2 G. Announcements from Staff e 1. Six-Year Transportation Plan Mr. Gleason said the City must continue to work to construct public projects. He said the State of Oregon recently released its Six-Year Transportation Plan which specifies its capital improvement projects. He said that Eugene is to receive a total of 2/10 of 1 percent of the allocation of the state highway system over the 6-year period. He explained that this is an improvement over past allocations, adding that it has been 10 years since Eugene has received any funds. He said that in studying the primary projects which have occurred in Eugene, the City has not received any allocations from the state in the past 10 years, while the City has contributed $30,000,000 in gas tax monev He said the bulk of this money has been going to Portland and other parts of the state highway system. He announced that a meeting on the Six-Year Plan will be held in the Council Chamber at 7:30 p.m. on September 28, 1983, before its submission to the state. He said this lack of allocation is having a detrimental effect on the City's ability to maintain a traffic system. Mr. Gleason said he is going to have the City Attorney investigate the situation where the federal government has given entitlement grants to some cities for their primary highway systems after these cities rejected freeway systems while Eugene has received nothing. He said that the City of Eugene is the largest voting block in support of the state gas tax. Mr. Gleason said he wants the state to put the 6th/7th Couplet on the priority list of the Six-Year Plan, stating that the state has rated the 6th/7th maintenance program as the worst in the state. He said the only other system in the state, outside of a major highway, which approaches the 40,000 vehicles per day produced is the Highway 99 system out of Portland. He said the It accident rate of this area is 50 percent above the state highway system average. He stressed that Eugene must stop taking a back seat in the allocation system. Mr. Holmer said the Roads and Highways Committee and the Planning and Land Use Committee of the Chamber of Commerce will be meeting on September 22, 1983, to develop testimony supporting the issue of deficient state support of Eugene's roads. Mr. Hansen said the council and the public should show uniform support of the issue and attend the September 28, 1983, meeting. Ms. Smith asked that staff draft a statement on the issue for concurrence by the council in expressing its concerns. Ms. Schue directed that the statement be circulated to the councilors prior to the meeting. Mr. Gleason said the poor appearance of highway entrances to Eugene are a result of this lack of allocation. He said that a comprehensive landscaping program should be developed in conjunction with these other plans. He said that staff will be available for further information. 2. Clara Nasholm Mr. Gleason announced that Clara Nasholm, a former librarian for the City, had passed away. He said Ms. Nasholm had been a prominent citizen and had played an important role in the library. He said that it was a fitting memorial that the taxpayers supported the library levy. e MINUTES--Eugene City Council September 21, 1983 Page 3 , II. ROUTINE ITEMS FOR COUNCIL APPROVAL - A. Consideration of City Council Meeting Schedule for November 1983 (memo distributed) Mr. Gleason said that adjustments need to be made to the November meeting schedule due to conflicts with the scheduled meetings and the League of Oregon Cities and the National League of Cities conferences. Ms. Smith moved, seconded by Mr. Lindberg, to approve the sug- gested meeting schedule of the City Council for November, 1983. Roll call vote; the motion passed unanimously, 7:0. B. Consideration of City Council Minutes of July 25, 1983, and the regular/ work session meetings of August 8, 1983 (minutes distributed) Ms. Smith moved, seconded by Mr. Lindberg, to approve the City Council minutes of July 25, 1983, and August 8, 1983. Roll call vote; the motion passed unanimously, 7:0. C. Call for Public Hearing: Easement Vacation (Bob Meltebeke) (EV 83-2) (map distributed) Mr. Gleason introduced the agenda item, stating that there would be no staff report. CB 2681--An ordinance calling a public hearing for October 26, e 1983, to consider an easement vacation request for Bob Meltebeke for property located between Shaughnessy Lane and Spyglass Drive. Ms. Smith moved, seconded by Mr. Lindberg, 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; the motion passed unanimously, 7:0. Council Bill 2681 was read the second time by council bill number only. Ms. Smith moved, seconded by Mr. Lindberg, 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. 19179). D. Reconsideration of Rezoning Request for Addition of Emergency Clause (JB2 Properties) (Z 83-12) (memo, map, ordinance distributed) Mr. Gleason introduced the agenda item, stating that the request for the addi- tion of the emergency clause to the rezoning is to facilitate development of the property. CB 2682--An ordinance concerning land use classification and amending ordinance #19178; and declaring an emergency. - MINUTES--Eugene City Council September 21, 1983 Page 4 Ms. Smith moved, seconded by Mr. Lindberg, 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, the motion passed unanimously, 7:0. Ms. Schue said she was absent at the meeting when the rezoning request was originally heard but added that she had listened to the tapes and read the minutes of the meeting. She said she was prepared to vote on the issue. Mr. Holmer said he had listened to the tapes of the meeting and was prepared to vote on the issue. Council Bill 2682 was read the second time by council bill number only. Ms. Smith moved, seconded by Mr. Lindberg, 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. 19180). E. Referral Response for Annexation Request (Beall/Walker) (AI 83-8) (memo, map attached; background information distributed) Mr. Gleason introduced the agenda item, stating that this is an unusual procedure in that the request went directly to the Boundary Review Commission because of the desire by the applicants to be considered as part of the River Road Annexation proposal. In response to a question, Planning Commission staffperson Tom Hayes stated that e the request does not require a public hearing before the Planning Commission or the City Council. He said the request was submitted directly to the Boundary Commission within the guidelines of ORS 199. He said the Boundary Commission requested the City coordinate the review of the request among the City depart- ments, EWEB, and the 4-J School District. He said that this was accomplished and a response to the Boundary Commission has been prepared for approval by the Planning Commission and the City Council. He further explained that the process is unusual in that it has remonstrance, allowing any residents within the area to be annexed 45 days to take legal steps beyond the Boundary Commission decision. He said that the request is voluntary and has the consent of 100 percent of the residents in the area. He said the Boundary Commission will hear the request on October 6, 1983. Ms. Smith moved, seconded by Mr. Lindberg, to forward the referral for annexation of property located south of Corliss Lane, east of River Road, to the Lane County Local Government Boundary Commission for consideration at its October 6, 1983, meeting. Roll call vote; the motion passed unanimously, 7:0. III. DAY CARE AND GROUP CARE CODE AMENDMENTS (memo, background information, ordinance distributed) Mr. Gleason introduced the agenda item, stating that it is a rediscussion of the item on which a public hearing was already held. He said the council had e MINUTES--Eugene City Council September 21, 1983 Page 5 referred some of the items back for consideration. He added that Gary Chenkin was present to answer any questions of the council. e Ms. Wooten said she was not present at the public hearing on this item and asked if the concerns of the Day Care Association in regard to fencing and hours had been complied with in this ordinance. Mr. Hayes said the code amendments as presented to the council on June 29, 1983, reflected the concerns of the day care and the group care agencies. He said that some concerns were expressed at that meeting which the Planning Commission could not address at that time. He said the council remanded the issue back to the Planning Commission for recon- sideration. He said the commission deleted the standards for fence and wall requirements and the hours of operation for day care centers, but recommended that the standard for day care centers for five or under be resident-operated. He said the commission had decided that the conditional use permit procedure would address the concerns of the original standards for facilities of six or more. Ms. Wooten asked for and received a visual signal of approval from Ms. Ewing that the differences have been worked out. Mr. Hayes stated that Eleanor Mulder, Planning Commission, was present for any questions. CB 2650--An ordinance concerning day care facilities and group care homes; amending sections 9.254, 9.310, 9.312, 9.324, 9.326, 9.338, 9.340, 9.352, 9.354, 9.366, 9.368, 9.380, 9.382, 9.394, 9.396, 9.402, 9.404, 9.408, 9.410, 9.422, 9.424, 9.436, 9.438, 9.443, 9.450, 9.496, and 9.586 of the Eugene Code, 1971; adding a new section 9.504 to that code; and declaring an emergency. e Ms. Smith moved, seconded by Mr. Lindberg, 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; the motion passed unanimously, 7:0. Council Bill 2650 was read the second time by council bill number only. Ms. Smith moved, seconded by Mr. Lindberg, 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. 19181). IV. CONSIDERATION OF FY83-84 METROPOLITAN WASTEWATER MANAGEMENT COMMISSION BUDGET (memo, budget distributed) Mr. Gleason introduced the item and stated that Bill Guenz1er would present the staff report. He also stated that Ed Black, the operational manager for the City of Springfield's MWMC, was present for questions by the council. Mr. Guenzler said that the budget is for nine months. He acknowledged that the budget does not meet the normal standards for preparation of a municipal budget, but staff is attempting to establish a nine-month budget with this - MINUTES--Eugene City Council September 21, 1983 Page 6 adoption in order to put it on the same fiscal basis as both municipalities. He said that in future cycles the expenditure will be integrated into the regular e budget. He said the nine-month expenditure for operations has already been approved in the FY84 Eugene budget and the nine-month expenditure for admini- stration is already represented in the Springfield budget. He said that this will be the only action on the capital budget of $27,000,000. Mr. Guenzler said that the MWMC adopted the budget on August 11, 1983, and forwarded it to the governing bodies. He said Lane County acted on the budget on August 31, 1983, and Springfield took action this week. He said there is an understanding that further work will be done in refining the contingency budget. He said that Lane County has requested that the City negotiate two additional contracts for efforts that have not been reimbursed in the past. He said that staff is presently negotiating an agreement for the county to perform specific services with a maximum limit of $50,000. He said that this agreement will be back before the county board and the MWMC for later consideration and that the agreement is reflected in the budget's contingencies. Mr. Guenzler also stated that the Lane County Board has expressed an interest in examining its role and participation in MWMC and its role in the County Service District funding mechanism. He said that staff is presently in negotiation for an agreement to permit the county and other governing bodies to examine their roles and to determine if there is a satisfactory method of withdrawing the county from both participations. He said that the outside limit on this agree- ment is $125,000, but he added that the agreement is set up so that the City can terminate the contract if it will not be successful. He said the nine-month budget is for the period beginning October 1, 1983, so it would be desirable to adopt the budget prior to the beginning of the fiscal year. e Mr. Gleason said that the major projects included in the capital site budget are the Agripac project, the West Irwin Pump System, the Willakenzie Pump Basin, the Santa Clara/River Road Trunk,- and the On-Site Sludge Disposal Program. Mr. Guenzler said that an additional project is the completion of the drainage and the landscaping at the wastewater site itself. He said that staff hopes to be using the East Bank Interceptor before the peak of the winter season. He said that operational testing of the season will continue until next spring. He said the Eugene plant will continue to be operated through most of 1984 in order to establish the reliability of the new system prior to shutting down the old system. Mr. Gleason said that there are 41 pumping plants in addition to the main plant operation which have to be operating and controlled. In response to a question on the rate of 20.9 percent on the indirect charges, Mr. Guenzler said that the 20.9 percent was a reduction from 25 percent. He explained that both figures were developed by the Finance Office using the federal circular for indirect cost plans. He said an attempt was made to apportion all costs, stating that any departmental costs which are administrative in nature are included in the 20.9 percent rate. Mr. Gleason said the General Fund indirect costs sent out are principally for administrative charges, but that the rest of the General Fund expenses, i.e., staff time, are not allocated, although significant. He said the rate has to be a documented figure because it is a rate enterprise; he said the expenses have to be audited. e MINUTES--Eugene City Council September 21, 1983 Page 7 Councilor Smith stated that the Wastewater Commission has reviewed the budget and the commission feels that it is necessary for operations. She encouraged e support of the budget based on the transition being performed in the City of Springfield. Ms. Smith moved, seconded by Mr. Lindberg, to approve the FY83-84 Metropolitan Wastewater Management Commission budget. Roll call vote; the motion passed unanimously, 7:0. V. SIGN CODE REVIEW TO PERMIT SPECIAL BANNERS (memo distributed) Mr. Gleason introduced the agenda item. Mr. Jacobson, Planning, presented the staff report. Mr. Jacobson said that the council had received a memorandum from the City Manager's Office discussing the need to modify the sign ordinance as it relates to banners. He said that while the ordinance presently prohibits the use of banner-type signs, he said the City is intensifying efforts to make tourism and destination point activities a vital element of the Economic Diver- sification program. Based on such efforts, he said that it may be approp- riate to modify the Sign Code to allow temporary banners announcing conventions, conferences, and community events. He explained that destination point acti- vities were not a part of the City's program when the Sign Code was adopted in the early 1970's. He said staff is requesting direction to proceed with work to draft a Sign Code amendment to allow banners in certain circumstances. He added that the process would involve working with the Citizen Involvement Committee, presenting a draft to the Planning Committee for public hearing, and formulation of a recommendation to the council in approximately 90 days. He said that he e and Larry Reed of the Building Division were available to answer any questions. Councilor Wooten said she supported the request for the council to direct staff to propose and draft the ordinance amendment for consideration by the council. Mr. Lindberg echoed the sentiments of Ms. Wooten, adding that he has recently visited many cities that have used banners to add excitement to their streets. Ms. Smith moved, seconded by Mr. Lindberg, to direct staff to proceed with work in concert with the Planning Commission to draft a sign code amendment to allow banners in certain circumstances to enhance tourism and destination point activities. Roll call vote; the motion passed unanimously, 7:0. VI. ATTRACTIVE NUISANCE AND DANGEROUS BUILDING AT 2285 WEST 11TH AVENUE (memo, Attachment "A" distributed) Mr. Gleason introduced the agenda item. Larry Reed, presenting the staff report, said the item was presented to the council in terms of a resolution on June 13, 1983. He said it is being presented as an informational item only. He said, as stated previously at the public hearing, that no further action is required by the council. e MINUTES--Eugene City Council September 21, 1983 Page 8 Councilor Ball asked why the bid was awarded to the owners if the City had adequate grounds to disqualify them as bidders. Mr. Reed responded that the bid e was awarded to the owners so that the City would not have to spend its money up front for the demolition. He added that the City is still trying to work with the owners to determine if they will demolish the building. Mr. Ball asked for further clarification as to why the bid was awarded to the owners. Mr. Reed explained that although the City could have disqualified the owners as bidders, it chose not to do so. VII. RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE AN AGREEMENT (memo, resolution, Exhibit "A" distributed) Mr. Gleason introduced the agenda item. Keith Martin, presenting the staff report, referred to the draft distributed to the council. He said that a change has been made to the draft since last presented to the council, the change being an attempt to clarify the extent to which the County would charge the agencies for the cost of any work performed by the County that is the responsibility of the Metropolitan Wastewater Management Commission. He said the actual change on page 10 cites that the rate for personnel services shall be the actual hours worked multiplied by the federally approved overhead billing rate used by Lane County for work on projects that are financed in part by federal grants. He said this change clarifies the issue of whether the County would be surcharging their hourly rate at the level of consultants. He said that the County is charging basically as they would bill on projects with federal grants. He said that the MWMC could have entered into the agreement with the County with no participation by the cities in the agreement, but that the County was adamant e that the two cities be obligated in the agreement along with the MWMC before they would allow use of the Short Mountain Landfill Site for sludge disposal. Mr. Reed said that efforts have been made to minimize the extent to which the cities are obligated. He said that insurance will be acquired to cover the risk that exists as a_result of the agreement. He added that the City is assuming a small amount of risk, but that the insurance covering any risk will be paid for by the MWMC. In response to a question by Councilor Wooten, Mr. Gleason said that the Environ- mental Protection Agency had reported that no significant impact would result from the use of the landfill. He also responded that the concerns of the residents in the area had been resolved. He said the major issue with the Department of Environmental Quality was the general operational issue related to the County permit, and not the sludge disposal itself. Res. No. 3799--A resolution authorizing the City Manager to execute a certain agreement with the Metropolitan Wastewater Management Commission, the City of Springfield, and Lane County regarding use of the Short Mountain solid waste landfill site. Ms. Smith moved, seconded by Mr. Lindberg, to adopt the resolution. Roll call vote; the motion passed unanimously, 7:0. e MINUTES--Eugene City Council September 21, 1983 Page 9 VIII. HUMAN RIGHTS COMMISSIONS' FY84 WORK PLANS (memo distributed) e Mr. Gleason said the Human Rights chairpersons were requesting that the item be held over to September 28, 1983, due to their inability to attend the present council meeti ng. Ms. Schue announced that the item would be held over as requested. IX. FINANCIAL PLANNING COMMITTEE LETTER Councilor Wooten said she had circulated the draft of the letters to the other councilors and had been attempting to incorporate the suggestions made by the councilors. Ms. Wooten read the draft of the letter which opposed any free- standing local government expenditure limitation. She said her concerns, like Councilor Holmer's, were that the council might not want to give the "stand alonell measure qualified support by permitting it to accompany a sales tax proposal on a ballot measure, and the idea of separate schedule votes on sales or income taxes may be a viable one. Mr. Holmer said it is important that the council address its objection to the "stand alone" measure to the legislature. He said another expenditure limitation in addition to the one presently in effect would not make sense. He said that the arguments of separately scheduling the income and sales taxes are not as clear as the council's concern over the expenditure limitation. Councilor Schue said she agrees with the comments made by Mr. Holmer. She added that the letter may be unduly long. Ms. Wooten suggested that the City Manager edit the letter to emphasize the council's objection to having a local government expenditure limitation standing alone on the ballot or being considered as a constitutional statutory independent element of any state revenue program. She added that the letter should be forwarded to e the legislature as soon as possible. Mr. Gleason said that copies of the edited version will be circulated to the councilors. Mr. Hansen suggested that the letter be sent out with the Mayor's signature rather than waiting for agreement by all the councilors. Ms. Wooten stated that she would ensure that the edited letter meets all the concerns of the councilors. The meeting was adjourned at 1 p.m. to September 26, 1983. .. ..... (Recorded by Thom Strunk) TS:vr/CM26b17 - MINUTES--Eugene City Council September 21, 1983 Page 10