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HomeMy WebLinkAbout04/11/1984 Meeting . e e ,\ M I NUT E S Eugene City Council City Council Chamber April 11, 1984 12:08 p.m. COUNCILORS PRESENT: Brian Obie, Cynthia Wooten, John Ball, Richard Hansen, Freeman Holmer, Joyce Nichols, Emily Schue, Betty Smith. The regular 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. Notification to Downtown Merchants of City Events Councilor Smith stated that several retailers and merchants in the downtown had expressed concern with the lack of coordination by the City in planning events which were held in the downtown. She felt that a stricter process for notifying the merchants of these events was needed when they may be impacted. She asked staff to develop a report addressing notification procedures to be used in the future, including the use of a contact person to convey a positive attitude to the downtown merchants. B. Council Participation in the Community Goals Conference Councilor Hansen, stating that he was troubled over the involvement of the City Council in the last Community Goals Conference, suggested that the councilors not actively participate in the structuring and go~s of the April 21 conference. He stated that he would not vote during the upcoming conference since he felt he would have that opportunity as part of the council review. While he felt the councilors should attend to gain input and answer Questions, he did not feel the council should vote. Ms. Schue said the issue should be settled as a group and, stating that reaching a decision would be difficult without studying the conference material, suggested that the council consider the question at the next Wednesday meeting. Mr. Obie suggested obtaining some input from the Community Goals Committee. Ms. Wooten said the issue had been discussed by the committee but no decision had been reached. She commented that the committee had voiced an opinion similar to that of Mr. Hansenls. Mr. Holmer suggested that councilors participate in the conference discussion but not vote. Mayor Keller agreed that it was an appropriate issue for a discussion; he stated that the item would be added to the council IS agenda for the following week. C. Earth Week Statement Councilor Wooten, referring to the information which she had distributed to the council, suggested that the City Council adopt the statement in recognition MINUTES--Eugene City Council April 11, 1984 Page 1 e - - of Earth Week. She said the council IS support taken by the City by ordinance and principle. of Oregon and Lane Community College will host Annual Earth Week. would reaffirm the position She added that the University events to celebrate the 14th Ms. Wooten moved, seconded by Mr. Obie, to adopt the state- ment concerning Earth Week as presented. The motion carried unanimously, 8:0. Mr. Ball announced that he would present a slide show on the Oregon desert as part of the Universityls activities. D. City Council Financial Planning Committee Meeting Councilor Obie stated that he will be traveling with Richard Hersch of the University of Oregon to Portland to meet with a series of venture capital firms in attempt to encourage such development in the Eugene area. He stated that he has asked staff to provide him a briefing on the council's Financial Planning Committee and has asked Roger Rutan to attend the council meeting. E. Eugene Representation on State Boards and Commissions In response to a question on the Economic Development Commission meeting the previous day, Mr. Obie stated that he had presented testimony as a private citizen. He said much of the testimony presented reflected the disappointment with the barriers to industry or the lack of facilitative economic development at the state level. He said he reinforced the comments addressing the trend in higher education and encouraged the commission to relay these basic concerns to the Governor. Ms. Wooten expressed the concern with the lack of representa- tion from the Eugene area on the State Board of Tourism and the Economic Development Commission. She recommended that a letter be sent to Governor Atiyeh requesting that he seek applicants from the City of Eugene to fill any vacancies on that board and commission. Mr. Obie agreed, stating that Ted Baker of Oregon Pacific had focused on that issue during the commission meeting. He said the commission had agreed to convey that thought to the Governor, to the extent of recommending that the size of the commission and board be expanded to allow that representation. He felt that a letter in follow-up would be appro- priate. He also voiced his disappointment with a film produced by the Oregon State Department which focused on Portland rather than being representative of the entire state. Ms. Wooten requested that a letter to the Governor be drafted to focus his attention on the need for representation by Eugene on the board and commission mentioned. She asked Jody Miller of Intergovernmental Relations to survey other relevant boards and commissions to determine the level of Eugene representation. Ms. Schue said she shared the concerns, stating that she had attended a meeting of the State Board of Tourism in Ashland. She said Doug Eveleth and Mike Hartnett had requested $30,000 in support of the Olympic Scientific Congress but Eugene did not receive any funding. Mayor Keller agreed, stating that the expectations from the Tourism Council were high six months ago but had recently been reversed. He stated that he had received a phone call from the Tourism Council in which he was informed that any expendi- tures were best spent outside the state. He commented that failure of the State to support the international conventions in Eugene would negatively impact the State. MINUTES--Eugene City Council April 11, 1984 Page 2 e e e Mayor Keller felt that a strong message should be sent to the Tourism Council, the Economic Development Commission, and the Governor. Ms. Schue felt that the refusal to fund the Olympic Scientific Congress implied that it was a Eugene rather than an Oregon project. City Manager Micheal Gleason stated he had recently met with the Coordinating Commission of the State Board of Higher Education. While the commission was allocated $1 million to match Portland consortium funds, he stated that the consortium has chosen over the past two years to give ten percent of the funds to the University of Oregon. He stated that no funding was given to the University's laser and computer programs, the funding going rather to Oregon State and Portland State, respectively. He stated that these actions pointed out that the State's focus was on the City of Portland. He stressed that the knowledge-based industries of the future are based around the universities rather than the deep-water port of Portland. He said the risk is for the City to become righteously indignant and become iso- lated, but he stressed that the barrier raised between Eugene and the State must be broken down. Ms. Wooten asked that staff draft a letter to be sent to the Governor, Tourism Council, and the Economic Development Commission to address these concerns. She felt the City's difficulty was that it has been undemanding, civil, and self-reliant, and therefore becoming increasingly ignored in terms of receiving State and Federal funds. She said the council IS attention must be focused on resolving the situation. Mayor Keller asked that Ms. Miller draft the letter to be included in the council packets on April 13. F. Impending Legislation on Industrial Revenue Bonds Councilor Holmer stated that he had been appointed to the Steering Committee for the National League of Cities Committee on Finance and Administration in Intergovernmental Relations (FAIR). He said the committee had focused its meeting the previous week on the impending legislation on industrial revenue bonds. He said the House of Representatives was about to pass a bill which would limit these bonds to $150 per capita in each state and would allow the state governments to allocate the bonds. Mr. Holmer said the general prin- ciple of the NLC was that the issuance of such bonds should be left to home-rule organizations such as the City Council. He said the NLC has directed the committee members to contact the members of the House Ways and Means Committee to convince them to eliminate the $150 limitation and to study other measures to correct misuse of the bonds. G. City Clean-Up Measures Because of the repeal of the Housing Code, Councilor Schue stated that some intermediate step short of the abatement procedures was needed to deal with properties that have become problems in the neighborhoods. Ms. Wooten said that Larry Reed and Mick Nolte of the Public Works Department had provided her with a draft of an intermediate policy. She suggested that the draft be distributed to the other councilors. City Manager Micheal Gleason stated that the council had previously directed staff to develop an instrument of inter- vention. He said that staff wi'l provide a report to the council, but he said the instrument will involve some cost to the City. MINUTES--Eugene City Council April 11, 1984 Page 3 H. Announcements - 1. "Shaping Up 184" Campaign Mayor Keller asked that the councilors study the memorandum regarding the "Shaping Up '8411 Campaign which was distributed to them. He stated that the program was working well and that the council should be supportive of the work being performed. 2. Ballot Measure 2 Mayor Keller, referring to a proposal on Ballot Measure 2 he had distributed the previous week, asked that the councilors provide any input to him. He hoped that the council would support the ballot measure. Mayor Keller directed staff to prepare a resolution for council consideration at the April 18 meeting. I. Appointment to Downtown Commission Councilor Obie, referring to the unresolved issue of the City Council appoint- ment to the vacant position on the Downtown Commission, stated that he had discussed the issue of possible reconsideration of the individual previously nominated. Mr. Sercombe had advised that it would be appropriate for Mr. Obie to make the motion under the appointments portion of any meeting after March. Mr. Obie moved, seconded by Mr. Hansen, to appoint Robert Fraser to the vacant position on the Downtown Commission. - Councilor Schue stated that it was a traditional rule of the council to honor any request by two councilors to hold over an issue for consideration. She stated that she had made the request on April 6 in conjunction with Ms. Wooten and Mr. Ball. Mr. Obie stated that he was unaware that the request had been made. Mr. Obie stated that the issue would be held over until the April 18 meeting if an appropriate motion were made and seconded. Ms. Wooten stated that she would probably be absent from the April 18 meeting. Ms. Nichols concurred with the request to hold the issue over until the meeting following April 18. Ms Schue moved, seconded by Mr. Obie, to hold over the issue of the appointment to the Downtown Commission until April 23. The motion carried unanimously, 8:0. J. Financial Planning Committee Meeting City Manager Micheal Gleason announced that the City Council Financial Planning Committee meeting will be held at 5:30 p.m. this evening in the McNutt Room. e MINUTES--Eugene City Council Apr il 11, 1984 Page 4 II. ROUTINE ITEMS FOR COUNCIL APPROVAL e A. City Council Work Session Minutes of February 13, 1984, and February 29, 1984, and Special Meeting Minutes of March 12, 1984, (minutes distributed) Mr. Obie moved, Council minutes March 12, 1984. 8:0. seconded by Ms. Smith, to approve the City of February 13, 1984, February 29, 1984, and Roll call vote; the motion carried unanimously, B. Segregation of Assessments for Property Located West on Willagillespie Road; applicant: Pete Lorenz (SE 84-3) Mr. Obie moved, seconded by Ms. Wooten, to aporove the segregation of assessments as noted. Roll call vote; the motion carried unanimously, 8:0. C. Improvement Petitions 1. Country Club Road (assessable costs: paving--total front footage, 567 feet/front footage petitioned, 315.4 feet--55 percent) - Res. No. 3844--A resolution authorizing paving and storm sewer in Country Club Road from Club Road to Coburg Road; and paving and storm sewer in Club Road from Country Club Road to 100 feet south (1979). 2. 6th Avenue (assessable costs: paving--total front footage/front footage petitioned, 406.28 feet--l00 percent; City cost--paving, $4,400, storm sewer, $1,600) Res. No. 3845--A resolution authorizing paving and storm sewer on 6th Avenue from 1,100 feet west of Garfield Street to 600 feet west of Garfield Street (2115). 3. Willagillespie Road (assessable costs: sanitary sewers--total square footage, 155,500 feet/square footage petitioned, 68,750 feet--44 percent; City cost: City-owned property--$3,800) Res. No. 3846--A resolution authorizing sanitary sewer construc- tion in Country Club Road from Willagillespie Road to 200 feet east; and 200 feet east of Willagilles- pie Road from 400 feet north of Country Club Road to Country Club Road (2134). Mr. Obie moved, seconded by Ms. Wooten, to adopt the resolutions. Roll call vote; the motion carried unanimously, 8:0. - MINUTES--Eugene City Council April 11, 1984 Page 5 e - e D. Call for Public Hearings to Consider Abatements at 5300 Fox Hollow Road and 1329 Rutledge Street (memos distributed) City Manager Micheal Gleason requested that both resolutions calling for public hearings concerning abatement issues be held over until April 18. This action was in agreement with the City Council. At 12:44 p.m. the meeting of the Eugene City Council was adjourned to a meeting of the Urban Renewal Agency of the City of Eugene. Mayor Keller opened the meeting. III. DOWNTOWN RETAIL EXCLUSIVE NEGOTIATING AGREEMENT (memo, resolution background distributed) Councilor Hansen stated that the issue had been raised whether he had conflicts of interest in the downtown retail activities. While he did not believe that he had any such conflicts, he felt it would be best to abstain in the Dresent and any future issues regarding the extensions of contracts with the Price organization but would continue to ask questions in the discussion of such issues. Mayor Keller believed Mr. Hansen could not participate in the discus- sion if he chose to abstain from the issue. City Attorney Les Swanson stated that he did not believe Mr. Hansen to have any conflict of interest in the issue although he said he understood the feeling behind Mr. Hansenls actions. He felt that allowing Mr. Hansen to continue to participate in the discussion while he abstained was a matter of council protocol. Again, he said he felt that there was no legal impediment to Mr. Hansen participating in the council action. Mr. Obie stated that Mr. Hansen's position might be different from the historical practice since he did not have any true conflict. He asked Mr. Hansen to clarify if he planned to abstain from all issues involving the downtown. Mr. Hansen responded that he would participate in those issues not involving the commercial aspects of the downtown, but he believed that any statements he might make regarding the development of a downtown shopping center would be construed as containing other motives. He believed that the company selected by the City to develop the shopping center was quite competent. Mr. Hansen stated that he will abstain from the action. City Manager Micheal Gleason introduced the agenda item. Elaine Stewart of the Eugene Development Department presented the staff report, stating that the modification before the Eugene Renewal Agency was the next step in the downtown retail development process. While the development could take up to four years, she stated that this proposal was for the second six-month period to perform the terms of the modification as outlined in the April 6, 1984, Downtown Commission memorandum to the Urban Renewal Agency. She stated that negotiations for the disposition and the development of the property will begin after suc- cessful completion of the modification terms. James McCoy, Chair of the Downtown Commission, stated that the DC had voted unanimously in support of the modification of the negotiation agreement. He said the DC was pleased with the favorable results of the feasibility study conducted during the first six months and was ready to move forward. MINUTES--Eugene City Council April 11, 1984 Page 6 e Res. No. 902--A resolution authorizing the Cityls Executive Manager to act in its behalf and execute the modification to the Exclusive Right to Negotiate Agreement between the Urban Renewal Agency of the City of Eugene and a joint venture partnership of the Price Development Company and Sonoma Financial Corporation. Mr. Obie moved, seconded by Ms. Wooten, to adopt, as the Eugene Urban Renewal Agency, the resolution. Councilor Holmer, stating that two modifications had been presented to the council, requested some clarification of the limits of Paragraph 5 by which the agreement was administratively interpreted. He presumed that the intent of the paragraph was to limit the modifications that the Urban Renewal Agency was delegating to those individuals interpretating the policy substance of the existing and proposed agreement. Ms. Stewart stated that Mr. Holmerls des- cription was accurate. In discussing the agreement with the City Attorneyls Office, she stated that any administrative agreement made would be done so in terms of Items A through E which were based on the policy substance. Roll call vote; the motion passed 7:0, Mr. Hansen abstaining. IV. IMPROVEMENT PROJECT RESOLUTION (memo, map, resolution distributed) - City Manager Micheal Gleason introduced the agenda item. Robert Hibschman of the Eugene Development Department presented the staff report, reviewing the April 6, 1984, Downtown Commission memorandum to the Urban Renewal Agency. He stated that the $150,000 of the early financial settlement urban renewal funds were to be used to complete the central mall area. He added that any unused funds will be used for other improvements in the downtown area. Mr. Hibschman stated that the second and third phases of the project will include opening Willamette Street between 10th and 11th avenues using tax allocation funds, and then the conversion of Willamette Street to two-way traffic through to 20th Avenue using CDBG funds. He stated that a preliminary timetable for the 10th and Willamette project designated the period after the Christmas retail season as the best period for the construction. He stated that the Downtown Commission has recommended approval of the 8th Avenue project so that the process could begin within the next 30 to 40 days. Councilor Holmer stated that the figures for the current fiscal year showed an increase in the operating income of the tax allocation funds in excess of $400,000. He felt that the 10th and Willamette project would use up those funds accumulated during the current fiscal year. Mr. Hibschman responded that this statement was true, adding that the operating reserve funds carried over to the next year would be part of that project. In response to another question, Mr. Hibschman expected that the first phase would be substantially done in time for the Olympic Scientific Congress in July 1985. He did not expect there to be any major disruption of the pedestrian flow in the downtown area. e MINUTES--Eugene City Council April 11, 1984 Page 7 e e e In response to a question, Mr. Hibschman stated that the DC wished to start the second and third phases of the improvement project after January 1, 1985; therefore, the proposals would be presented to the Planning Commission and the City Council in late summer. Councilor Ball questioned how the $300,000 deficit in the tax allocation fund would be balanced. Mr. Hibschman stated that rough projections had been performed for five years and that, given a reasonable level of capital improvement funding, he did not expect any carry- over of the deficit other than a reduction of the operating reserve amount. In response to another question, Mr. Hibschman stated that the period after January 1, 1985, would be the earliest the subsequent phases could be started based on the approval process, required hearings and the design process. Councilor Hansen questioned the action of reducing 8th Avenue to three lanes. Mr. Hibschman stated that four lanes of traffic created a barrier to pedes- trian movement; therefore, the reduction from four to three lanes would encourage traffic to move slower. He said the DC considered this proposal an important part in linking the downtown with the 5th Avenue area. He acknow- ledged that there has been no apparent problems with pedestrian crossings or vehicular traffic on 8th Avenue in the downtown area. Councilor Hansen stated that one of the major changes in the six-month extension given to the Price Development Company was to include the land to the east of the original project. Given that the shopping center might locate in that area, he asked what impact this action would have on the 8th Avenue project. Mr. Hibschman stated that staff has discussed the impact of the plantings of the mall work on any devel- opment on that parcel and did not feel that it would limit the development potential of the lot. He stated that the trees could be moved if necessary. He felt that any change of this nature would be an insignificant amount of the project budget. Councilor Smith asked if the funding for the 8th and Willamette project could be allocated to the 10th and Willamette project if the council decided it should be given higher priority. Mr. Hibschman stated the stipulation for the $150,000 was that it be used in the completion of the Central Eugene Project. He did not believe that a satisfactory proposal could be made to reallocate the funds to the 10th and Willamette project. While he stated that HUD per- sonnel had not been contacted on this issue, he said that staff has reviewed the language of the 1976 closeout agreement. Ms. Smith stated that she was con- cerned with the piecemeal approach of the project. She felt that the staff should pursue the opportunity of using the funds for the 10th and Willamette project. In addition, she said the council should be given an overall concept of the Downtown Plan. Mr. Gleason stated that the City has had the closeout money since 1976. He stated that HUD was not pleased with the use of the money; he felt confident that HUD would not allow the money to be used to tear up part of the mall. He stressed that the City had entered into a stipulated agreement to complete the mall. In response to a question, Mr. Hibschman stated the DC understood that opening Willamette Street between 10th and 11th Avenues was a priority of the City Council. He said the DC has recommended that the 8th and Willamette project precede the opening of Willamette Street at 10th Avenue because it wanted to follow through with the project started last year. He said the DC has also directed staff to take steps to develop the 10th and Willamette MINUTES--Eugene City Council April 11, 1984 Page 8 e e e project as soon as possible. He said the project could be brought back to the Urban Renewal Agency in two months if staff were to concentrate its efforts on the project. Ms. Wooten commented that the 8th and Willamette project was scheduled for completion in summer 1983 but the City Council had requested its delay because it would conflict with numerous mall activities. Mr. Obie stated that he was inclined to take no other action until the 10th and Willamette project was completed. Councilor Nichols stated she did not understand the relationship between the two projects. She stated that she might support the project if she was given this information, but she said the council has not yet received the Downtown Plan from the DC. Mr. Hibschman explained that both projects would affect portions of Willamette Street and the mall and that the intent of the projects were to solidify the mall. Ms. Nichols stated that she needed some assurance that the projects will not have to be redone at some future date. Mr. Hibschman said the 10th and Willamette project was preliminary to the Downtown Plan and was acknowledged by the DC. He said staff has studied other recommendations contained in the plan to assure that no conflicts existed. Ms. Nichols also questioned the reduction of 8th Avenue from four to three lanes; she felt that this reduction would create some problems in signaling. Mr. Hibschman stated that the Traffic Engineering Division had studied the project and had not found any problems with the reduction. Mr. Gleason stated that the project has been before the council for the past year and was delayed at the council's request. He stated that the early settlement money must be committed or problems with HUD will develop. In regard to the opening of Willamette Street between 10th and 11th avenues, he stated that this project had first been proposed as part of the Downtown Plan. He said it was a major design problem and will affect businesses; he added that changing the street design will require some time. He did not feel that approving the 8th and Willamette project will delay either of the projects. He believed that the entire area will be torn up if that area is chosen as the site of the shopping center but added that the shopping center project will not take place for three to six years. Councilor Schue stated that she was not convinced on the 10th and Willamette project, adding that she needed more information to make a decision. She questioned what effect the project will have on the transit mall on 10th Avenue. She commented that removing the overhead structure on 10th Avenue will cost approximately $150,000 due to the signalization involved. She felt that a public airing of the issue was necessary. Councilor Smith stated that she wanted some assurances that the 10th and Willamette project would not be affected by proceeding with the 8th and Willa- mette project in terms of funding possibilities and the timing of the projects. She also questioned whether the early settlement money could be reallocated to the 10th and Willamette project. Mr. Hibschman stated that the design work for the 8th and Willamette project was almost completed and will soon go out for bid, freeing staff to concentrate their efforts on detailed design work on the 10th and Willamette project. He said staff felt that finances will not be an impediment to the project due to the adequate amount of operating reserves in MINUTES--Eugene City Council April 11, 1984 Page 9 e the budget. Mr. Gleason stated that the 8th and Willamette project would be an impediment only if the final closeout settlement could be allocated to the project. He stated that he would attempt to negotiate that reallocation if so directed, but he did not believe it would be possible. He said the switchover on 10th Avenue will be in excess of $150,000 and would have to be financed by the City. He said the City has $2 million in its Urban Renewal account which could be allocated for that project. In response to a question, Ms. Stewart stated that she could contact HUD to determine any loss by the City if it decided to explore the feasibility of reallocating the funding. She stated that it would depend on the initial response by HUD. She explained that the agreement between HUD and the City of Eugene was unique; therefore, HUD did not have any expertise in terms of the agreement. She said she could not anticipate what requirements HUD could place upon the City. Mr. Hansen moved, seconded by Mr. Obie, to table the resolution for six months. Roll call vote; the motion failed 3:5, with Mr. Obie, Mr. Hansen, and Ms. Smith voting aye; Ms. Schue, Mr. Holmer, Mr. Ball, Ms. Wooten, and Ms. Nichols voting nay. Mayor Keller directed that the item be placed on the council IS agenda for the following week to allow further discussion. Councilor Obie suggested that staff contact HUD to determine if the funding reallocation would be allowed or if the 10th and Willamette project could be incorporated by a plan amendment. 4It Councilors Obie and Hansen left the meeting at this time. Mayor Keller directed staff to distribute copies of a petition regarding concerns with the 8th and Willamette project to the other councilors. At 1:23 p.m., Mayor Keller adjourned the meeting of the Urban Renewal Agency and reconvened the meeting of the Eugene City Council. V. INTERIM COMMUNITY DEVELOPMENT COMMITTEE ORDINANCE (memo, ordinance distributed) City Manager Micheal Gleason introduced the agenda item. Elaine Stewart of the Eugene Development Department presented the staff report, reviewing the April 6, 1984, memorandum to the City Council. CB 2735--An ordinance creating an interim Community Development Committee; amending Sections 2.013 and 2.1105 of the Eugene Code, 1971; repealing Sections 2.240, 2.242, 2.244, 2.246, 2.248, 2.250, 2.252, 2.254, 2.256, and 2.258 of that code; and declaring an emergency. - MINUTES--Eugene City Council April 11, 1984 Page 10 e e - Ms. Wooten moved, seconded by Ms. Smith, 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, 6:0. Council Bill 2735 was read the second time by council bill number only. Ms. Wooten moved, seconded by Ms. Smith, 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. 19239). The meeting was adjourned at 1:25 p.m. Respectfully submitted, O/~ Mi cheal D. Gl eason City Manager (Recorded by Thom Strunk) TS:ky/CM7b12 MINUTES--Eugene City Council April 11, 1984 Page 11