HomeMy WebLinkAbout04/18/1984 Meeting
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M I NUT E S
Eugene City Council
City Council Chamber
April 18, 1984
Noon
COUNCILORS PRESENT: Brian Obie, John Ball, Richard Hansen (from 12:04), Freeman
Holmer, Joyce Nichols, Emily Schue, Betty Smith.
COUNCILORS ABSENT: Cynthia Wooten.
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. City Appeal of County Land Use Decision
Councilor Obie questioned if the issue of the Lane County land use decision on
the application of David Whitus currently being appealed by the City had been
brought before the council. He requested that the issue be scheduled for
council discussion the following week. He also requested that the council
decide' if such appeals require council approval. City Attorney Tim Sercombe
stated that the notice of intent to appeal being filed with the Land Use Board
of Appeals (LUBA) was designed to preserve the right to appeal. He stated
that the need for council approval of such appeals was an issue of whether the
City Manager had charter authority in enforcing the ordinance in regard to the
appeal. He stated that a memorandum from the Planning Department on the
appeal will be distributed later in the week; the council will then have the
option of going into executive session the following week. In response to a
comment, Mr. Sercombe reviewed the appeal process time schedule. Mayor Keller
directed staff to schedule the item for council discussion on April 25.
Councilor Hansen had entered the meeting by this time.
B. Neighborhood Newsletters
Councilor Holmer stated that a City Council candidate was critical of a present
councilor for the use of a neighborhood newsletter in publishing a letter to the
constituents of that area. He stated the practice of councilors publishing
letters in that manner was commonplace. He asked that staff respond to the
criticism and inform the individual of the process by which letters from any
council candidate may be published in newsletters. Councilor Holmer stressed
that a balance of political views was sought for the newsletters and that the
criticism was unwarranted.
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April 18, 1984
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C. Items from the Mayor
~ Mayor Keller distributed two items to the council: a memorandum noting his
appointment of Wallace Donnelly, 2090 Providence, to the Traffic Safety Com-
mission for an indefinite term, and a letter from Hugh Prichard of the Downtown
Commission.
D. Announcements
Due to Memorial Day falling on May 28, City Manager Micheal Gleason reauested
that the regular council meeting scheduled for that date be rescheduled to
May 21. Consensus was to schedule the meeting.
II. ROUTINE ITEMS FOR COUNCIL APPROVAL
A. City Council Dinner/Work Session Minutes of February 27, 1984, Regular
Meeting Minutes of March 14, 1984, and Special Meeting Minutes of
April 2, 1984 (minutes distributed)
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Mr. Obie moved, seconded by Ms. Smith, to approve the City Council
minutes of February 27, 1984, March 14, 1984, and April 2, 1984.
Roll call vote; the motion carried unanimously, 7:0.
B. Improvement Petition: Centennial Boulevard (assessible costs:
paving and storm sewer--Park Place Subdivision--100%; sanitary
sewers--total square footage 1,593,070 feet/square footage in
favor, 731,308--45.9%; City cost--City-owned property--$16,800)
Res. 3849--A resolution authorizing sanitary sewer construction
to serve the area between Centennial Boulevard and
200 feet south of Bardell Street and 3,000 feet west
of Lindley Lane to Lindley Lane; and paving and storm
sewer within Eugenels Park Place Subdivision (2100).
Mr. Obie moved, seconded by Ms. Smith, to adopt the resolution.
Roll call vote; the motion carried unanimously, 7:0.
At 12:08 p.m., the meeting of the Eugene City Council was adjourned to a meeting
of the Urban Renewal Agency of the City of Eugene. The Mayor opened the meeting.
III. IMPROVEMENT PROJECT RESOLUTION (memo, map, resolution, background
information distributed
City Manager Micheal Gleason introduced the agenda item, stating that the
council had requested the item be brought back for further discussion of the
8th Avenue and Willamette Street construction project. Of the questions
previously raised on the project, Mr. Gleason recommended that the financial
settlement money be moved off the project and that the council vote only on
the substance of the project. He explained that staff will deal with the
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MINUTES--Eugene City Council
April 18, 1984
Page 2
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financial settlement money in another fashion. In regard to the timing of the
10th Avenue and Willamette Street project, he stated that any change would
require an amendment to the Urban Renewal Plan, further requiring a public
hearing. He stated that such a process could be accomplished so that con-
struction could be performed during the current year. However, since the
project was an integral part of the Downtown Plan, he suggested that the
council consider amending the Urban Renewal project prior to adopting the
plan. He also suggested that the council schedule a joint meeting with the
Downtown Commission to discuss the issue. Mr. Gleason stated that it was his
personal opinion that the council refer the issue back to the Downtown Commis-
sion to review the project in light of the adoption of the extended agreement
with the Price/Sonoma organization; otherwise, he said the council could proceed
with the project by approving the resolution.
Councilor Obie stated that he had received several communications from members
of the Downtown Commission requesting that the issue be returned to the commis-
sion for revi ew.
Mr. Obie moved, seconded by Ms. Smith, to refer Resolution
No. 903 to the Downtown Commission.
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Councilor Holmer stated that he supported the motion, but he felt that another
issue involved was that the Downtown Plan was scheduled for public review and
discussion. He said the Downtown Commission should control the project until
the Downtown Plan has been reviewed and adopted.
Councilor Nichols also supported the motion. She said the 8th Avenue and
Willamette Street project should be considered in light of the overall Downtown
Plan.
Mayor Keller agreed that a joint meeting with the Downtown Commission would be
appropriate.
Roll call vote; the motion carried unanimously, 7:0.
Mr. Gleason stated that staff will continue to deal with the 10th Avenue and
Willamette Street project but will not proceed with any formal bid or con-
struction contracts until council has reviewed and adopted the Downtown Plan.
In response to a question, Mr. Gleason believed that the council action on the
plan was scheduled for December. He added that construction could be under way
in September or October if the council approved the resolution. Construction
would begin in March or May 1985 if the council waited to adopt the Downtown
Plan. Mr. Obie suggested that a letter be sent to the Downtown Commission
requesting approval and early completion of the 10th and Willamette project.
In response to a question, Mr. Gleason stated that the Urban Renewal Plan
would have to be amended for construction of the 10th and Willamette project
to occur; he explained that at least one public hearing would be required.
Mr. Hansen felt that individuals in that area would strongly support such
action; he urged that the 10th and Willamette project be undertaken during the
current year.
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MINUTES--Eugene City Council
April 18, 1984
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Councilor Schue felt that more public input was necessary on the issue. She
said she still had questions on the impact of the project on the Lane Transit
District. She suggested that the discussion on the Downtown Plan should
proceed to allow public input on the issue prior to any council action.
In response to a question, Mr. Gleason explained that the City did not cur-
rently have a Downtown Plan; however, as the Urban Renewal Agency, the City
had adopted a Downtown Urban Renewal Redevelopment Plan. Any amendment of
that plan would require statutory hearings. He explained that the Downtown
Plan process now took precedence over the Urban Renewal Plan. He suggested
that the council consider scheduling a joint meeting to address the logistical
cross between the review of the two plans. Mr. Gleason reviewed the adoption
process for the Downtown Plan, stating that some confusion may occur between
the Downtown Plan and the Urban Renewal Plan. To have constuction on the 10th
and Willamette project begin during 1984, he stressed that a sequence separate
from the Downtown Plan must be used.
Councilor Holmer stated that he was committed to opening both Broadway and
Willamette Street at 10th Avenue, but he felt that the confusion which might
result from proceeding with the 10th and Willamette project required the council
to carefully study the Downtown Plan. He suggested that the 10th and Willamette
project be delayed until the Downtown Plan was adopted.
In regard to the timing of the 10th and Willamette Street project, Councilor
Ball stated that having the construction completed prior to Thanksgiving would
be critical for the retail establishments in the area.
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Mr. Obie moved, seconded by Mr. Hansen, to schedule a joint
meeting of the City Council and the Downtown Commission at the
earliest possible date to discuss the ramifications of moving
ahead with the 10th Avenue and Willamette Street project, to
discuss the opening of Broadway, and to program the meeting
such that action on the issues can be taken by both bodies at
that time.
Councilor Hansen believed that the 10th and Willamette project could be
separated from the Downtown Plan. He agreed that any construction performed
that year should be completed before November 5.
Councilor Schue requested staff to provide the council with draft copies of
the Downtown Plan. She asked for clarification on the plan for Broadway.
Mr. Obie explained that the draft Downtown Plan recommended that Broadway be
converted to two-way traffic between High Street and Pearl Street.
Roll call vote; the motion carried unanimously, 7:0.
Mayor Keller directed that a work session with the Downtown Commission be
scheduled for a Wednesday meeting prior to the regular council session.
The meeting of the Urban Renewal Agency was adjourned at 12:28 p.m.
Mayor Keller reconvened the meeting of the Eugene City Council.
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April 18, 1984
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IV. RESOLUTION SUPPORTING BALLOT MEASURE 2 (memo, resolution distributed)
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City Manager Micheal Gleason introduced the agenda item, stating that the item
was presented at the request of Mayor Keller.
Res. 3850--A resolution supporting passage of State Ballot
Measure 2, increasing motor vehicle registration fees.
Mr. Obie moved, seconded by Ms. Smith, to adopt the resolution.
Roll call vote; the motion carried unanimously, 7:0.
Mayor Keller directed staff to forward the resolution to the appropriate
agencies.
V. APRIL 21 COMMUNITY GOALS CONFERENCE: CITY COUNCIL PARTICIPATION
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City Manager Micheal Gleason introduced the agenda item. Dorothy Anderson,
Chair of the Community Goals Committee, presented the staff report, stating
that the City Council and Planning Commission members have historically voted
and participated in the Community Goals Conference. She explained that the
issue for the April 21 conference would be the level of participation by these
individuals given the different conference format. While the Community Goals
Committee has not formally addressed the issue, Ms. Anderson stated that she
had contacted the members individually and that they agreed that the councilors
had the right to vote. In regard to participation, she suggested that each
councilor determine his or her level of participation based on the information
to be provided and the time available for presentations. She added that the
members of the City Council and the Planning Commission will have another
chance to present material after the conference.
Councilor Hansen stated that he had originally raised the issue of council
participation. He said he still believed that the councilors should not
participate in a lobbying manner. He stated that he will personally avoid
such participation, stressing that the conference was an opportunity for other
citizens to express themselves. He said staff will be present to address any
technical questions.
Mayor Keller said that the councilors can decide for themselves their level of
participation.
VI. ORDINANCE CONCERNING TOXIC VAPOR OFFENSES (memo, ordinance distributed)
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City Manager Micheal Gleason introduced the agenda item. Captain Bill DeForrest
of the Eugene Police Department presented the staff report, reviewing the
March 21, 1984, memorandum from Chief James Packard to the City Manager. He
said the ordinance was identical to the one repealed in 1983 with the exception
of the included definition of toxic vapors. He stressed that people under the
influence of toxic vapors were often violent and unpredictable. He added that
the penalty for violation of the ordinance as prescribed in the General Penal-
ties Section of Chapter 4 was a fine not to exceed $500 and/or confinement not
to exceed 100 days.
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April 18, 1984
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CB 2736--An ordinance concerning toxic vapor offenses; amending
Section 4.105 of the Eugene Code, 1971; adding Section
4.230 to that code; and declaring an emergency.
Mr. Obie 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, 7:0.
Council Bill 2736 was read the second time by council bill number only.
Mr. Obie 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. 19240).
VII. AMENDMENT TO LANDFILL DISPOSAL AGREEMENT (memo, resolution, amendment
distributed)
City Manager Micheal Gleason introduced the agenda item. He explained that the
resolution will allow the City Manager to make perfunctory amendments to the
agreement originally signed by the City for the disposal of sludge.
Res. 3851--A resolution authorizing the City Manager to execute
an amendment to the Lane County Intergovernmental
Agreement concerning sludge disposal.
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Mr. Obie moved, seconded by Ms. Smith, to adopt the resolution.
Roll call vote; the motion carried unanimously, 7:0.
VIII. ORDINANCE CONCERNNG THE FINANCIAL PLANNING COMMITTEE (memo, ordinance
distributed)
City Manager Micheal Gleason introduced the agenda item. He said the council
bill will amend the code to repeal sections that relate to the Financial Plan-
ning Committee as the council, as a whole, intends to address these issues as
opposed to a subcommittee.
CB 2737--An ordinance concerning the Financial Planning Com-
mittee; amending Section 2.013 of the Eugene Code,
1971; repealing Sections 2.366 and 2.368 of that code;
and declaring an emergency.
Mr. Obie 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, 7:0.
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MINUTES--Eugene City Council
April 18, 1984
Page 6
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Council Bill 2737 was read the second time by council bill number only.
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Mr. Obie 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. 19241).
IX. OTHER ITEMS FROM THE COUNCIL
A. Policy for Filling City Council Vacancies
Councilor Obie stated that the council had previously discussed developing a
policy to address the appointment process to fill council vacancies. He
requested that staff draft a policy which would be based on the process used
to fill the vacancy left by Mark Lindberg. Mayor Keller stated that the other
councilors could amend the process he had used with Councilors Obie and
Wooten.
B. Distribution of Articles to Council
Councilor Hansen distributed copies of a Wall Street Journal article on incubator
businesses to the councilors for their information. He also distributed copies
of the speech on the Hult Center presented by the Dean of the School of Music of
the University of Oregon.
The meeting was adjourned to April 23, 1984, at 12:35 p.m.
~ Respectfully submitted,
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Mic eal D. Gle n ---
City Manager
(Recorded by Thom Strunk)
TS:ky/CM7a1
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MINUTES--Eugene City Council
April 18, 1984
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