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HomeMy WebLinkAbout03/14/1984 Meeting . e e M I NUT E S Eugene City Council Regular Meeting City Council Chambers March 14, 1984 11:45 a.m. COUNCILORS PRESENT: Brian Obie, Cynthia Wooten, John Ball, Richard Hansen, Freeman Holmer, Joyce Nichols, Emily Schue COUNCILORS ABSENT: Betty Smith 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, ANNOUNCEMENT, AND AGENDA ADJUSTMENTS A. Unitary Tax Councilor Schue stated that she had attended a luncheon hosted by the Mayor of Portland on March 12 on behalf of Mayor Keller on the subject of the Unitary Tax. While there was no immediate need for action, she felt that the council. should give consideration to this issue in the future. Mayor Keller directed staff to develop an information packet for the council. B. Cemetery Closure Councilor Holmer stated that he had returned from Washington, DC, to find that one of the local cemeteries had closed due to bankruptcy. He stated that ORS 97.810, as of 1966, required that each endowment care cemetery, except those owned by a city or a county, must file a statement addressing several issues regarding the endowment care fund with the Secretary of State by April 15 of each year. Mr. Holmer stated that a gap had occurred between the most recent report on file and the events leading to the bankruptcy. He asked staff to present a brief report on the City's involvement in the regulation of ceme- teries or how it might be performed. C. Industrial Revenue Bond Councilor Holmer stated Senator Packwood had commented that Oregon should put its revenue bonds in order. Mr. Holmer stated that he was indicating his support for the related item later in the meeting and his concerns for the abuses to which industrial revenue bonds had been put. MINUTES--Eugene City Council March 14, 1984 Page 1 D. Urbanization Report e Councilor Holmer, referring to the minutes of the City Council meeting of January 25, 1984, stated that he had not clearly understood Ms. Wooten's comment about "concentric circle development charges" at that meeting. Having subsequently been advised that variations exist in the manner in which develop- ment charges are imposed, he noticed the words "strong emphasis on a review of concentric circle development charges II in a staff revision of the Urbanization Report. Mr. Holmer was not sure he would have accepted the statement without protest had he been aware of what Ms. Wooten was suggesting at that meeting. He wished this to be made a part of the record. E. Proposed Dinner Session with University of Oregon Officials Councilor Obie suggested that the City Council invite the University of Oregon president and his key department heads and officers to the next council dinner session to outline the impact in historic and foreseeable funding levels on the University's role in the community and the University itself and to develop a two-way dialogue relative to the University's perspective of its role in economic development and the council's areas of involvement. While he felt that a common desire existed, he also believed that a gap existed in communications relative to the capabilities and actions of the two groups. F. Announcements 1. 50th Anniversary Celebration of Eugene Junior Symphony Association tit Alice Dugan and Dick Long of the Eugene Junior Symphony presented a poster to Mayor Keller as part of the symphony's celebration activities during the week of April 3-7. She encouraged the council to participate in the activities. Mr. Long stated that a piece written especially for the symphony will be premiered at the April 7 concert. Mayor Keller congratulated the symphony for its work over the past 50 years, stating that it has provided a quality learning experience for the youth of the area. 2. Media Presentation City Manager Michea1 Gleason stated that the area media had been generous with their time and technology in assisting the Eugene Fire Department in its fire prevention program. In recognition of the effort provided through public service announcements, Mayor Keller presented plaques to representatives of KEZI-TV, KVAL-TV, KUGN, KEED, and KPNW. 3. "Shaping Up '8411 Campaign Mayor Keller encouraged the councilors to wear the "Shaping Up '84" buttons distributed to them. He said he would provide copies of the first report on the campaign to the councilors. - MINUTES--Eugene City Council r~arch 14. 1984 Page 2 4. Friends of the Library's Reading Marathon - City Manager Micheal Gleason announced that the Friends of the Library will be performing a reading marathon to celebrate the library and its friends during the week of April 9. G. Appointments 1. Mayor1s Announcement of City Council Board/Commission/Committee Assignments for 1984 (memo distributed) Mayor noted the following assignments: Joyce Nichols Affirmative Action Task Force Budget Committee City Council Community Development Goals Subcommittee Community Develolpment Committee (alternate) Community Goals Committee (alternate) Eugene Private Industry Council (alternate) Joint Social Services Budget Subcommittee Lane Regional Air Pollution Authority Legislative Subcommittee (alternate) Lenders Task Force Vagrancy Task Force Betty Smith e Budget Committee Eugene-Springfield Convention Bureau Financial Planning Committee Joint Agency Committee for Review of Sanitary Sewer User Fees Legislative Subcommittee Metropolitan Wastewater Management Commission National League of Cities Community and Economic Development Committee Room Tax Subcommittee Utilities Task Force - Cynthia Wooten Budget Committee Citizen Involvement Committee Community Development Committee Community Goals Committee Community Schools Coordinating Committee Council Committee on Economic Diversification Council Liaison for Eugene Action Forum Eugene Celebration Task Team Financial Planning Committee National League of Cities Energy, Environment, and Natural Resources Committee Room Tax Subcommittee MINUTES--Eugene City Council March 14, 1984 Page 3 Freeman Holmer - Budget Committee Boundary Commission Budget Representative City Council Community Development Goals Subcommittee Community Development Committee Community Goals Committee Lane Council of Governments (alternate) Legislative Subcommittee National League of Cities Finance, Administration, and Intergovernmental Committee Towing Practices Committee Richard Hansen Air Quality Maintenance Area Advisory Committee Community Goals Committee (alternate) Design Review Team-6th/7th Glenwood Jurisdictional Policy Committee Lane Regional Air Pollution Authority Representative Metropolitan Area Transportation Committee Metropolitan Cable Television Commission Spay-Neuter Clinic Advisory Committee John Ball e Budget Committee Affirmative Action Task Force Eugene Private Industry Council Glenwood Jurisdictional Policy Committee Joint City Council/4-J Board Task Force Joint Parks Committee National League of Cities Finance, Administration, and Intergovernmental Committee River Road/Santa Clara Policy Committee Spay-Neuter Clinic Advisory Committee Brian Obie Budget Committee Council Community on Economic Diversification Financial Planning Committee Emily Schue e Budget Committee Business Development Advisory Fund City Council Community Development Committee Financial Planning Committee Joint City Council/4-J Board Task Force Joint Housing Committee (to be dissolved in the immediate future) Joint Parks Committee Lane Council of Governments Legislative Subcommittee League of Oregon Cities Legislative Committee Lane Regional Air Pollution Authority Representative National League of Cities Human Development Committee Utilities Task Force MINUTES--Eugene City Council March 14, 1984 Page 4 e e e Mayor Keller stated that Ms. Nichols will serve on the LRAPA committee as well. Mr. Obie moved, seconded by Ms. Wooten, to approve City Council assignments for 1984 as listed. Roll call vote; the motion carried unanimously, 7:0. 2. Mayor's Nomination to the Downtown Commission Mayor Keller stated that he was recommending Bob Fraser to the Downtown Commission. Mr. Obie moved, seconded by Ms. Wooten, to appoint Bob Fraser. 1858 Fircrest Drive, to the Downtown Commission; term to expire December 30, 1987. Roll call vote; the motion failed, 4:3, Mr. Obie, Mr. Hansen, and Mr. Holmer voting aye and Ms. Schue, Mr. Ball, Ms. Wooten and Ms. Nichols voting nay. 3. Council Subcommittee Nomination to the Women's Commission (memo distributed) Mr. Obie moved, seconded by Ms. Wooten, to appoint Jamileh Stroman, 2232 Patterson #12, to complete the unexpired term of Justine Heavi10n, term ending January 1, 1986. Roll call vote; the motion carried unanimously, 7:0. 4. Public Solicitations Committee City Manager Michea1 Gleason announced the following staff appointments to the Public Solicitations Committee: Terri Vanderpoo1--Eugene Development Department SGT Ray Lennick--Eugene Police Department H. City Council Dinner/Work Session City Manager Micheal Gleason announced that a City Council dinner/work session was scheduled for that evening at 5:30 p.m. in the McNutt Room. II. ROUTINE ITEMS FOR COUNCIL APPROVAL A. City Council Minutes of January 18, 1984; January 23, 1984; January 25, 1984; February 8, 1984; February 13, 1984; Regular and Special Meetings of February 15, 1984; and Regular Meeting of February 22, 1984 (minutes distributed) Mr. Obie moved, seconded by Ms. Wooten, to approve the City Council minutes of January 18, 1984; January 23, 1984; January 25, 1984; February 8, 1984; February 13, 1984; February 15, 1984; and February 22, 1984. MINUTES--Eugene City Council Page 5 March 14, 1984 - e e Councilor Holmer said that he assumed the amendments that had been noted in the memorandum that had been distributed were included in the motion. These being: On page 5. sixth paragraph, the fourth line should read: Mr. Holmer stated that he had monitored the work of the Industrial Lands Task Force and was aware of the council sessions at which the general question of industrial lands were discussed. On page 7, last paragraph, first line should read: Councilor Holmer, while he finds the program professionally done, stated that he is still concerned with the City's support of this program. Ms. Wooten stated that she had some concern with one item in the minutes. The vote on the motion was held until later in the meeting. B. Segregation of Assessment for Property Located at 1816 Balboa; Applicant: Donald Stone (SE 84-2) Mr. Obie moved, seconded by Ms. Wooten, to approve the segregation of assessments as noted. Roll call vote; the motion carried unanimously, 7:0. III. PUBLIC HEARINGS A. Withdrawal of Property located South of Corliss Lane, East of River Road from the River Road Water District (Beal/Walker) (A/l 83-8) (memo distributed) B. Withdrawal of Property Located West of the Willamette River and South of Stults Street from the River Road Water District (R. P. Clemens) (A/l 83-7) (memo distributed) City Manager Michea1 Gleason introduced the two agenda items. He reviewed the March 9, 1984, Planning Department memorandum, stating that the two actions were connected to the property annexations by the City. He stated that the two public hearings could be held concomitantly. The public hearings for both agenda items were opened. There being no testimony presented, the public hearings were closed. CB 2731--An ordinance authorizing withdrawal of property located south of Corliss Lane, East of River Road from the River Road Water District. CB 2732--An ordinance authorizing withdrawal of property located west of the Wi1lamette River and South of Stults Street from the River Road Water District. Mr. Obie moved, seconded by Ms. Wooten, that the bills be read the second time by council bill numbers only, with unanimous consent of the Council, and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 7:0. MINUTES--Eugene City Council March 14, 1984 Page 6 - Council Bills 2731 and 2732 were read the second time by council bill numbers only. Mr. Obie moved, seconded by Ms. Wooten, that the bill be approved and given final passage. Roll call vote: all councilors present voting aye, the bills were declared passed (and became Ordinance No. 19235 [CB 2731] and Ordinance No. 19236 [CB 2732]). IV. ORDINANCE READOPTING STATE TRAFFIC LAWS (memo, ordinance distributed) City Manager Micheal Gleason introduced the agenda item. He explained that once the Legislature makes changes, the City adopts certain ORS provisions concerning State traffic laws making them offenses against the City. He stated that City Attorney Tim Sercombe was present to answer any questions. CB 2733--An ordinance concerning State traffic laws; re-enacting section 5.005 of the Eugene Code, 1971; and declaring an emergency. Mr. Obie moved, seconded by Ms. Wooten, 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 carried unanimously, 7:0. Council Bill 2733 was read the second time by council bill number only. e Mr. Obie moved, seconded by Ms. Wooten, that the bill be approved and given final passage. Roll call vote; all coun- cilors present voting aye, the bill was declared passed (and became Ordinance No. 19237). V. RESOLUTION CONCERNING IMPROVEMENTS IN DANEBO AVENUE (memo, resolution distributed) City Manager Micheal Gleason introduced the agenda item. Bert Teitzel of the Public Works Department presented the staff report. He explained that the resolution was a re-enactment of a previous resolution due to changes in the assessment procedure and allowed for the pre-assessment of the projects as now conducted by the City. In response to a question, Mr. Teitzel explained that the pre-assessment eliminated the need for short-term notes; therefore, the pre-assessment eliminated the need to charge the property owners the additional interest from those notes. He said the pre-assessment would be less expensive for the property owner, although they would have to begin paying for the assessment at an earlier date. He added that it has been difficult for the City to obtain decent rates on short-term notes. Ms. Wooten stated that she had discussed the issue with the City Attorney.s Office which had responded with a memorandum. Ms. Schue stated that she had received the memorandum, but she had been unaware that the pre-assessment would be less expensive for the property owners. - MINUTES--Eugene City Council March 14, 1984 Page 7 e Res. No. 3840--A resolution authorizing street paving, sanitary sewer, storm sewer and sidewalk construction on Danebo Avenue from Royal Avenue to 11th Avenue (591). Mr. Obie moved, seconded by Ms. Wooten, to adopt the resolution. Roll call vote; the motion carried unanimously, 7:0. VI. RESOLUTION CONCERNING VARIOUS SIDEWALK CONSTRUCTION PROJECTS (memo, resolution distributed e City Manager Micheal Gleason introduced the agenda item. Bert Teitzel of the Public Works Department presented the staff report, reviewing the March 9, 1984, memorandum from Acting Public Works Director Don Gilman to Assistant City Manager Dave Whitlow. In response to a question, Mr. Teitze1 reviewed the policy under which the Public Works Department contacted the property owners. He stated that the department encouraged property owners to install the sidewalk in areas of a single lot or less than 50 percent of a block frontage if the area was not a critical location. In areas requiring a sidewalk on more than 50 percent of the block frontage, the department would first bring the issue to the City Council. He stated that the property owners would be notified of the council's decision to allow them additional time to act. In response to another question, Mr. Teitze1 stated that the department attempted to remain flexible on the issues and would encourage the property owners to install the needed sidewalks before the issue was brought to council. He said the department hoped that issues (areas including single lots at less than 50 percent frontage) brought to the council would be rubber-stamp decisions. Res. No. 3841--A resolution authorizing sidewalk construction at 1494 Goodpasture Island Road, on Echo Hollow Road at Boston Lane, on east 46th Avenue at 4590 Fox Hollow Road, at 3322 Storey Boulevard, on the north side of Kimberly Drive west of Spring Boulevard, and on the southeast corner of Clinton Drive at Willagillespie Road (2110). Mr. Obie moved, seconded by Ms. Wooten, to adopt the resolution. Roll call vote; the motion carried unanimously, 7:0. VII. RESOLUTIONS CONCERNING ROOSEVELT BOULEVARD PROJECTS (memo, resolutions distributed) City Manager Michea1 Gleason introduced the agenda item. Bert Teitzel of the Public Works Department presented the staff report, reviewing his March 2, 1984, memorandum to Assistant City Manager Dave Whitlow. He explained that the project was identified in the T-2000 Transportation Plan and was placed on the Federal Aid Urban (FAU) system to obtain funding at the Federal and State levels. Referring to maps of the area, Mr. Teitzel stated that the corridor will provide a buffer between the residential and industrial areas and an e MINUTES--Eugene City Council March 14, 1984 Page 8 e industrial arterial to take the heavy traffic off the residential streets. He then reviewed the three sections of the project as outlined in his memorandum. He explained that the two resolutions will authorize the project assessment district and will authorize the City Manager to enter into an agreement with the State on the project. Since the project will be a newly located road in most instances, Mr. Teitze1 explained that the owners will only be assessed for the project as they use the road system. He expected half of the property owners on the south side of the project but none of the owners on the north side to use the project as an arterial street. He stated that the section of the project between Maple Street and Highway 99 will be assessed normally. He stated that the Be1t1ine to Bertelsen section was ready for bids and the Bertelsen to Maple Street would be ready in a month or so; therefore, a com- pleted road section was expected by the end of the summer. The balance of the roadway between Highway 99 and Maple Street will be widened after 1987 when funds are available. In response to a question, Mr. Teitzel stated that the assessed property owners will be paying for only half the road, with the City and State paying for the other half. He did not expect any owners on the north side of the project to use the road due to the ditch. He said the City will study the property on the south side of the project for any potential use of the road and will possibly place a deferred assessment on those properties. Mr. Gleason added that the project will link up to the 6th/7th Widening, 6th/7th Extension, the Chambers Overpass, and the Beltline Extension as part of the T-2000 Transportation Plan. e Res. No. 3842--A resolution authorizing street paving and sanitary construction on Roosevelt Boulevard from Belt1ine Road to Highway 99 (1740, 1746, and 2018). Res. No. 3843--A resolution authorizing execution of Supplemental Agreement No. 7136, Traffic Signal Installation and Street Connection, Urban System Project. Mr. Obie moved, seconded by Ms. Wooten, to adopt the resolutions. Roll call vote; the motion carried unanimously, 7:0. VIII. BUSINESS LICENSES--GUIDELINES FOR REVISION AND AUTHORIZATION TO TRANSFER TO DEVELOPMENT ASSISTANCE CENTER (memo, ordinance, background information distributed) City Manager Micheal Gleason introduced the agenda item. Susan Smernoff of the Eugene Development Department presented the staff report, reviewing the February 24, 1984, memorandum from the City Manager to the City Council. She then reviewed the proposed guidelines for revisions to the business license processes. Ms. Smernoff explained that the review process will include the City working with the Chamber of Commerce and other interested parties. She anticipated that the review process will be completed by October or November of this year. e MINUTES--Eugene City Council March 14, 1984 Page 9 e Referring to Item 5 of the proposed guidelines, Councilor Holmer said that he preferred not having a set period for a review. He suggested that a process be developed that ensured that a review occurred as necessary. He felt the guidelines could remain as written. Mr. Obie moved, seconded by Ms. Wooten, to adopt the guidelines for revisions of the City of Eugene business license processes and approve the process and schedule for the review of the business license regulations. Councilor Holmer asked if the status reports to the interested committees as listed in the proposed revision schedule would provide an opportunity for input from the public, the JCED, and the CCED. Ms. Smernoff responded that staff will begin its study of business licenses and will be making its prelim- inary recommendations on the process this spring. She said these recommenda- tions will be presented to the various interested groups and that staff will be working closely with those groups in developing its final recommendations for presentation to the council. Roll call vote; the motion carried unanimously, 7:0. CB 2734--An ordinance temporarily transferring business license functions to the Eugene Development Department's Develop- ment Assistance Center; and declaring an emergency. e Mr. Obie moved, seconded by Ms. Wooten, 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 carried unanimously, 7:0. Council Bill 2734 was read the second time by council bill number only. Mr. Obie moved, seconded by Ms. Wooten, 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. 19238). IX. INDUSTRIAL DEVELOPMENT REVENUE BONDS (memo, background information distributed) City Manager Micheal Gleason introduced the agenda item. Susan Smernoff of the Eugene Development Department presented the staff report, reviewing the history of the Federal statutory changes and actions by the City of Eugene in regard to industrial revenue bonds as outlined in the March 14, 1984, CCED memorandum to the City Council. She explained that Federal legislation has recently placed greater restrictions on revenue bonds and that small issues will no longer be allowed after December 1986. She said the CCED was recommend- ing that the City seek a declaratory judgment to determine its status in issuing revenue bonds. She explained that an IRB program would allow appli- cants to have access to the City's tax exempt status as stated in the Federal Revenue Code. e MINUTES--Eugene City Council March 14, 1984 Page 10 e e e Councilor Wooten felt the IRB program would be good for local business and those attempting to relocate to Eugene. She said the program was another means for the City to participate in creating job opportunities. She strongly supported proceeding with the declaratory judgment. She also suggested that the City develop its eligibility criteria for the program while seeking that judgment. In response to a question, Ms. Smernoff stated that small issues are under $10 million. She explained that issues under $750,000 are not as efficient; however, "umbrella bonds II could be issued to a group of several firms applying together for the bond. Ms. Wooten added that this method could be used by existing businesses which required funds for capital expansion. Councilor Nichols also voiced her support for seeking the declaratory judgment. She requested that she be provided with the additional information on proposed further restrictions of the IRB program as mentioned in the staff report. Councilor Obie expressed his appreciation of the staff report and his support for the recommendation. He stated that 80 percent of the nation's jobs are created by small employers and the IRB program would be a tool to assist the small businesses. He also felt the program could place an additional burden on the Business Assistance Team through requests for counseling and guidance from small businesses on the application and use of bonds. He suggested that this assistance be provided through the University of Oregon or Lane Community College. Councilor Ball reinforced some of the comments made by Mr. Holmer. He felt that the IRS program has been abused throughout the country. While he stated that he would not oppose the action to seek the declaratory judgment, Mr. Ball said he would remain skeptical about the possibility for use of the program once obtained. He did not oppose the use of the program for small business development, but he stressed that the program has generally been used for the large chain stores. While he was not fully supportive of the program, he said the City could use it to assist the small businesses. Mr. Holmer agreed with Mr. Ball's comments. Councilor Wooten, speaking for the CCED, said it was not the committee's intent to encourage any loose application of the program. She said it was the hope of the committee to emulate the best applications of the program. Councilor Nichols stated that the past abuses of the program have occurred where abuses were anticipated. She felt the application of the program in Eugene would receive a good public hearing and would address any possible abuses. Mr. Obie moved to direct the City Manager that the City Attorney's Office seek a declaratory judgment on the City's ability to issue industrial development revenue bonds. Ms. Wooten seconded the motion with the understanding that the City will proceed with developing the eligibility criteria while the judgement is being sought. Roll call vote; the motion carried unanimously, 7:0. MINUTES--Eugene City Council March 14, 1984 Pa ge 11 - e " I. X. ROUTINE ITEMS FOR COUNCIL APPROVAl (CONTINUED) City Council Minutes of January 18, 1984; January 23, 1984; January 25, 1984; February 8, 1984; February 13, 1984; Regular and Special Meetings of February 15, 1984; and Regular Meeting of February 22, 1984 (minutes distributed) Mayor Keller stated that Ms. Wooten was unable to find any change as previously mentioned. Roll call vote on the motion with the amendment as noted; the motion carried 6:0, Ms. Nichols abstaining. XI. OTHER ITEMS FROM THE COUNCIL Mayor Keller exhibited a windsock which was being produced by a local business as part of the "Shaping Up '84" Campaign. He said that individuals with the proper incentive could develop ideas and products as part of the campaign. At 1:10 p.m., the meeting was adjourned until 5:30 p.m. (Recorded by Thorn Strunk) TS:pv/CM8aI7 MINUTES--Eugene City Council March 14, 1984 Page 12