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HomeMy WebLinkAbout07/18/1984 Meeting '. .- M I NUT E S Eugene City Council City Council Chamber July 18, 1984 12:06 p.m. COUNCILORS PRESENT: Brian Obie, Cynthia Wooten, John Ball, Debra Ehrman, Richard Hansen, Freeman Holmer, Emily Schue, Betty Smi th ABSENT: Mayor Gus Keller The adjourned meeting of the Eugene City Council of the City of Eugene, Oregon, was called to order by Councilor Obie in the absence of His Honor Mayor Gus Keller. I. ITEMS FROM MAYOR AND COUNCIL, APPOINTMENTS, ANNOUNCEMENTS, AGENDA ADJUSTMENTS A. REVIEW OF CABLE TV RATE INCREASE Councilor Hansen said the Cable Commission was currently performing a review of the 31-percent rate increase requested by Group W Cable Company and had e contracted Touche Ross & Company to review the increase proposal. He stated that he will ask the City Council for guidance on the various issues involved at some future date. He explained that under the proposed contract Group W Cable would reduce its present yearly contribution to public access television. He stated that Touche Ross & Company had determined that Group W Cable was receiving a return of 4.6 percent from its capital investment over a three-year period, less than the 8 percent rate seen as acceptable by Touche Ross. Mr. Hansen stated that a public hearing was scheduled for 7:30 p.m. at the Spring- field City Council Chamber on July 19. He said the City Council should address the issues of continuing the three-percent franchise fee and the contribution to public access television, waiting for legislation that would increase the fee to five percent, or increasing in the contribution to public access television. Councilor Obie said he understood the frustration exper- ienced in the process. He said he would like to see an enhancement of the public access television funding and a consideration for the teleport concept. Mr. Obie said he had recently read several newspaper articles on the increasing importance of teleports, and he felt that it will be a significant issue for the communi ty. In response to a question, Mr. Hansen explained that the Cable Commission could either adopt, reject, or disregard the rate increase request, explaining that the rate increase would become effective after 90 days from the date of application if the commission did not take specific action. He said the commission was attempting to incorporate an increase of public access funding into the contract with Group W Cable. Councilor Wooten said that she supported public access and that the City must at least maintain its present level of support and enhance the funding level if possible. -- MINUTES--Eugene City Council July 18, 1984 Page 1 B. Request for Information on Municipal Golf Course Funding - Councilor Hansen referred to recent articles in the Oregonian addressing the funding of Portland's public golf courses. He said he understood that the funds were being reinvested to enhance related projects, resulting in the golf courses being self-sustaining. He asked staff to report on this issue and said he was particularly interested in knowing whether the City of Portland was receiving any income from the golf course operations. C. Council Support for University of Oregon Funding Councilor Smith stated that the Legislative Subcommittee had met on July 17 to review its legislative priorities to be addressed during the next year. She stated that one of the major priority issues was support for the University of Oregon and its relationship to the economy of Eugene. She stated that the council had the opportunity to review the budget to be submitted to the State Board of Higher Education on July 26 and 27. She requested staff to review the proposed budget and draft a letter for council submission to the State Board in support of the University's requests for funding of a high-technology center and faculty salary improvements. She also requested the councilors to personally contact members of the State Board to support those items. Ms. Smith stated that Jody Miller of Intergovernmental Affairs will provide pertinent information to the councilors. D. Request for Staff Review of Prohibited Activities in C-2 District e Councilor Obie stated that he had received a phone call from an individual operating a small business in a C-2 district which did not allow the display of commercial goods on the exterior of commercial property. While he recog- nized that the Building Division was properly enforcing the City ordinances involved, he felt that the City may have constructed a policy which restricted small businesses. He suggested that staff slow code enforcement and perform a review of the ordinances to consider some controlled outside display of goods. Councilor Schue agreed, stating that some leeway had already been given to mall restaurants and businesses. Councilor Ball said he was willing to review the ordinances and suggested that staff include any recommendations for not allowing such display. Councilors Hansen and Ehrman said they were uncomfortable with any slowing of ordinance enforcement. Councilor Ehrman said that some differences existed between retail establishments exhibiting wares and sidewalk cafes and between 13th Avenue and the downtown mall. Councilor Obie stated that the consensus of the council was for staff to perform a review of the related ordinances. E. Request for Speaker to Address the Legislature's Emergency Board Subcommittee Councilor Obie asked if any of the councilors were available to address the Emergency Board Subcommittee the following day at 9 a.m. He said Jody Miller had been unsuccessful in locating a speaker on behalf of a funding request by the Olympic Scientific Congress. Councilor Smith stated that the Legislative Subcommittee had discussed the request and she explained that the request was for funding to cover a possible shortfall by the Congress. e MINUTES--Eugene City Council July 18, 1984 Page 2 F. Mayor's Notification of Metropolitan Policy Committee Appointments e (memo distributed) In response to Councilor Obie's request for clarification, City Manager Micheal Gleason explained that the Metropolitan Policy Committee will address the next steps in implementing the urban transition phase of the General Plan. He stated that the creation of a policy committee was included in the City Council review and approval of the Urban Transition Policies. Ms. Wooten moved, seconded by Ms. Smith, to appoint Gus Keller and Emily Schue to the Metropolitan Policy Committee concerning urban transition polices. Roll call vote; the motion carried unanimously, 8:0. G. Cancellation of City Council Dinner/Work Session City Manager Micheal Gleason announced that the July 23 City Council Dinner/Work Session had been cancelled. He stated that the regular council meeting will be held at 7:30 p.m. that evening. II. ROUTINE ITEMS FOR COUNCIL APPROVAL A. Improvement Petitions 1. Country Club Road (assessable costs: sanitary s~wers--total e square footage, 151,721 feet/square footage petition, 74,521-- 49 percent; City cost--none) Res. No. 3869--A resolution authorizing sanitary sewer con- struction in Country Club Road from Sand Avenue to Willagillespie Road (1994). Ms. Wooten moved, seconded by Ms. Smith, to adopt the resolution. Roll call vote; the motion carried unanimously, 8:0. 2. Rasor Avenue (assessable costs: sanitary sewers--100 percent; City cost--none) Res. No. 3870--A resolution authorizing sanitary sewer construc- tion in Rasor Avenue from River Road to the Willamette River (2142). Ms. Wooten moved, seconded by Ms. Smith, to adopt the resolutions. Roll call vote; the motion carried unanimously, 8:0. B. Segregation of Assessment for Property Located North on Willow Creek Circle, West on Willow Creek Road; Applicant: James A. Saul (SE 84-7) Ms. Wooten moved, seconded by Ms. Smith, to approve the segre- e gation of assessment as noted. Roll call vote; the motion carried unanimously, 8:0. MINUTES--Eugene City Council July 18, 1984 Page 3 I II. PUBLIC HEARING: REVISION OF NEIGHBORHOOD CHARTER--SOUTH HILLS NEIGHBORHOOD e ASSOCIATION (memo, resolution, charter distributed) City Manager Micheal Gleason introduced the agenda item. He briefly reviewed the July 13, 1984, memorandum from Ruth Miller and Beth Campbell, Neighborhood Liaison to the City Manager. He stated that the proposed revisions were consistent with the model charter recommended by the City Council. The public hearing was opened. There being no testimony presented, the public hearing was closed. Res. No. 3871--A resolution approving and accepting the South Hills Neighborhood Association Charter. Ms. Wooten moved, seconded by Ms. Smith, to adopt the resolution. Councilor Schue stated that the geographic description of the South Hills Neighborhood should state 37th Avenue instead of Ridgeway Avenue. Addressing Section 1 of the resolution, Councilor Holmer questioned the proposed language recognizing the South Hills Neighborhood Association as the official "vote" of the neighborhood area. Referring to the City Council minutes of November 16, 1983, Mr. Holmer reviewed the discussion in which the council had called for a review of the model recognition policy resolution at that time; he stressed that the review had not yet occurred. Based on his previously stated e concerns, he questioned how a quorum of 11 residents of a neighborhood could speak as lithe official voice" of that neighborhood. Mr. Holmer moved, seconded by Mr. Hansen, that the resolution be amended to identify the recognition of the South Hills Neighborhood Association as "an official voice of the neighborhood area designated therein. II Councilor Hansen agree with Mr. Holmer, stating that a review was long overdue. He said he had considered tabling the item until the issue was resolved, but he said he would support the motion. In response to a question by Councilor Wooten, City Attorney Tim Sercombe stated that the language of "official vote" as stated in Section 1 of the proposed resolution was incorrect and should be revised to "official voice." Ms. Wooten urged the council to defeat the motion because the council had not officially changed the recognition policy. In addition, individuals were being appointed to study the issues raised by the neighborhood surveys. She stated that the Citizen Involvement Committee and staff have been working on the review and that any delay was unintentional. She said it would be inappropriate for the council to change its mind about the status of the neighborhood associations before any formal review. Councilor Obie said he agreed with Mr. Hansen, stating that Mr. Holmer had been quite patient on the issue. He said he would favor a motion to table the issue but, failing that, would support the present motion. e MINUTES--Eugene City Council July 18, 1984 Page 4 The motion and the second were withdrawn. e Mr. Holmer moved, seconded by Mr. Hansen, to table the resolution. Roll call vote; the motion carried 5:3; Councilors Ball, Hansen, Obie, Smith, and Holmer voting aye; Councilors Wooten, Ehrman, and Schue voting nay. In response to a question by Councilor Ball, Mr. Gleason stated that the time schedule for the review was first amended based on council priorities, then amended due to the council's desire to involve the Community Involvement Committee in a broader agenda. With the establishment of a council sub- committee to review boards and commissions, the review was further delayed. He expected the issue to go before the CIC after the review by the Neighbor- hood Review Committee, and then to the City Council in September or October. Mr. Ball stated that he was comfortable with the process as outlined. He added that the City used the neighborhood groups as the official voices of those neighborhoods in its decision-making processes. Mr. Gleason added that the City's Citizen Participation Program made the City consistent with the Participation Goal of the Lane Conservation and Development Commission. Councilor Obie said it would be appropriate for the item to be presented to the council after the review was completed. He explained that any councilor could address the issue at any time. In response to a question by Councilor Obie, Mr. Gleason stated that staff was controlled by the review by the CIC and council subcommittees in scheduling the item for council presentation. Mr. Obie explained that the South Hills Neighborhood Association will operate under its present charter until the revision was reviewed by the council. e IV. 1984 EUGENE COMMUNITY GOALS AND POLICIES REVIEW PROCESS (memo distributed) City Manager Micheal Gleason introduced the agenda item. Referring to the July 12, 1984, Planning Department memorandum to the City Council, Mr. Gleason explained that staff had proposed a council process schedule to review the Community Goals and Policies. He added that staff was available to answer any questions of council. Councilor Holmer asked if any alternative or backup date had been scheduled to continue the work session if necessary. Pat Decker of the Planning Department stated that staff had tentatively scheduled a second work session for September 12, which would then postpone the council public hearing until September 24. Councilor Hansen said he was uncomfortable with the procedures. He asked if the council would address each item included in the goals and policies. Councilor Obie said he had previously recommended that the council address only those items agreed upon by six councilors. Councilor Wooten stated that the council should review those items identified by the Planning Commission, public testimony, and the council. She asked if agreement had been reached on Mr. Obie's suggested six-vote rule. Councilor Schue said that agreement among six councilors might be difficult. She added that two people could control an entire meeting if some councilors were absent. Mr. Hansen suggested that the council adopt the Community Goals document as developed at the conference and attach the suggested actions to the document for use and consideration, e precluding the need to argue over each item in the document. MINUTES--Eugene City Council July 18, 1984 Page 5 Mr. Gleason said the council should postpone any formal action on the item e until after the statutory time period had passed. He suggested that the council deal with the process at its work session if it did not reach a consensus at the present meeting. He added that staff will distribute a memorandum dealing with the process considerations raised by the council. He stressed that one constraint in the process was the council's break period. Councilor Obie said he agreed with that suggestion. Councilor Schue suggested council members review the Community Goals materials and come to the August 13 session prepared to identify those items that need further discussion. Councilor Holmer said he agreed with Councilors Wooten and Schue in regard to the council's decision-making process. He hoped that the council's goals and policies were based firmly enough to represent a consensus of the council. He hesitated to adopt any rule that would restrict the council. He also stated his support of Mr. Hansen's suggestion. Councilor Schue said Mr. Hansen's suggestion would not work as well as planned because it would be difficult for the council to incorporate the recommendations of various groups into one policy. Ms. Wooten moved, seconded by Ms. Smith, to adopt the proposed process of a Dinner/Work Session on August 13, with a backup date of September 12, for consideration of the 1984 Eugene Community Goals and Policies. Roll call vote; the motion carried 7:1, Mr. Ball voting nay. Adjourning the meeting of the Eugene City Council, Councilor Obie convened the meeting of the Eugene Urban Renewal Agency at 12:40 p.m. e V. ACCEPTANCE OF BID CONCERNING WILLAMETTE STREET IMPROVEMENT PROJECT (8th Avenue (memo distributed, bid tabulation attached) City Manager Micheal Gleason introduced the agenda item. He stated that staff was available to answer any questions of council. In response to a question by Councilor Wooten in regard to the construction schedule, Robert Hibschman of the Eugene Development Department stated that the downtown merchants in the vicinity of the project were aware that the project was under way. He said that staff would work with the contractors after the acceptance of the bid to inform the merchants of the project schedule. Ms. Wooten stressed that the merchants should understand the level of dis- ruption to be expected to preclude any later problems. In response to another question, Mr. Hibschman said the contracts included appropriate time lines and penalty clauses to ensure that the project would be completed by the end of September 1984. In response to a question by Councilor Smith, Mr. Hibschman stated that he had fully explained the scope of the project to one of the major merchants in the area. In response to a question by Councilor Ball, Mr. Hibschman explained that Alternative 1 was the intersection improvements to be performed as part of the project, dependent on the final bid accepted. Ms. Wooten moved, seconded by Ms. Smith, to award the contract to Kip Construction concerning the Willamette Street Improve- e ment Project at 8th Avenue. Roll call vote; the motion carried unanimously, 8:0. MINUTES--Eugene City Council July 18, 1984 Page 6 Councilor Obie adjourned the meeting of the Eugene Urban Renewal Agency at e 12:51 p.m. and reconvened the meeting of the Eugene City Council. VI. CONSIDERATION OF INITIATIVE PETITION ON INTERVENTION IN CENTRAL AMERICA (memo, petition distributed) City Manager Micheal Gleason introduced the agenda item. City Recorder Karen Goldman presented the staff report, reviewing her July 18, 1984, memorandum to the City Council which outlined the options open to the council. She explained that the council must take some action on the measure if it wished to include it on the November 6, 1984, general election ballot. She added that the next opportunity for the measure would be the May 1986 primary election. Ms. Goldman explained that the council could call for a special election on the ballot measure at a cost of $16,000 to the City. She stated that City Attorney Tim Sercombe was present to answer any legal questions. Ms. Wooten moved, seconded by Ms. Smith, to refer the initiative petition on Intervention in Central America to the voters in the November 1984 general election. Councilor Hansen, although he said he believed in the initiative petition, preferred that the council take no action because he did not feel the council should be involved in the formal movement of a petition. Councilor Ehrman said she supported the motion, stating that it was important e to the citizens involved that the measure be placed on the ballot in November 1984 rather than waiting until 1986. She felt that the council would be making a jUdgment if it chose to do nothing. Councilor Wooten agreed, stating that the council was merely part of the initiative process. She stressed that the council should not manipulate the process. Councilor Holmer stated that the process was the substance of the issue and that the council should have adequate discussion on the issue before it acted to place the measure on the November ballot. He did not think the council had been given sufficient information on which to make a decision. He said it would be a denial of due process for the council to act on the measure without a clear discussion, stating that military aid had been approved by the Congress and the present Federal administration. Councilor Schue agreed with Councilors Ehrman and Wooten, stating that the failure of the council to assist the voters in placing the measure on the ballot would be a position in opposition to the measure. She said the council has previously assisted voters in placing measures on a ballot without taking a formal position. Councilor Smith said a fine line was involved in the issue. She felt the council should focus its efforts on issues of immediate concern to the metropolitan area instead of the world in general. She said the issue will eventually be on the ballot; therefore, she did not feel that the council should spend its time debating the issue. She said she will support the motion to place the measure on the November 1984 ballot strictly as a process because the voters had fulfilled the necessary requirements. Councilor Ball agreed with Ms. Smith, stating that the action did not require e the council to take a formal position. He said the issue had raised a large MINUTES--Eugene City Council July 18, 1984 Page 7 debate throughout the country and that the timeliness of the issue was a major e factor. Stating that some Eugene citizens had worked to raise the issue to public debate, he said the council must recognize those individuals for their efforts. He felt that the measure should be placed on the November 1984 ballot. Councilor Wooten urged the approval of the motion in order to facili- tate the process. In response to a question by Councilor Obie, Ms. Goldman stated that the petitioners had not made a written request to the City Council to place the measure on the November 1984 ballot although all other necessary requirements had been met. In response to another question, Ms. Goldman explained that the measure would normally be presented to the council after the petition signatures were verified, at which time the council would have the option of adopting the legislation without a vote of the people or taking no action, and that after 30 days the measure would be placed on the next available ballot. Councilor Schue stated that she had received a telephone call from the Alliance for Peace in Central America to provide information and to request her support. She said it was the intent of the alliance to present the measure to the council. Councilor Obie said his questions were an attempt to clarify the process; he said the council should have a process to address similar signifi- cant issues to ensure proper action by the council. Roll call vote; the motion passed 6:2, Mr. Obie, Ms. Wooten, Mr. Ball, Ms. Ehrman, Ms. Schue, and Ms. Smith voting aye; Mr. Hansen and Mr. Holmer voting nay. e VII. EUGENE CELEBRATION UPDATE (listing of events distributed) City Manager Micheal Gleason introduced the agenda items. Councilor Wooten stated that Mayor Keller and the Eugene Celebration Subcommittee had formally announced the 1984 Eugene Celebration scheduled for September 28-30 earlier that day. She introduced Al Denfeld of the Eugene Parks and Recreation Depart- ment who was coordinating the Celebration Program. Ms. Wooten briefly reviewed the scheduled celebration activities. She stated that the budget had been increased from $45,000 to $70,000, and that approximately 80 percent of the budget would be met through private sponsorships and the cooperation of the City of Eugene. She displayed the 1984 Eugene Celebration poster, stating that 100,000 were expected to particiate in the celebration which would be coordinated with the second anniversary of the Hult Center. Mr. Gleason presented to Councilor Wooten a photograph of her participation in the 1983 Eugene Celebration parade. Councilor Obie accepted a similar photo- graph of Mayor Keller in his absence. Councilor Ehrman stated that she was participating in the Parade Committee. She asked that anyone interested in entering the parade contact Bob Fenster- macher or Alana Probst. Councilor Wooten stated that she will present progress reports on the celebration. She said the council should show its appreciation for the work of the Steering Committee in planning the celebration. e MINUTES--Eugene City Council July 18, 1984 Page 8 Councilor Obie stated that the University of Oregon, Ed Smith of the Hult -- Center, and he were attempting to develop a package in which those Oregon mayors attending the celebration would be invited to view a University football game and then attend Hult Center activities. Councilor Wooten stated that LTD will be providing free bus transporation from Autzen Stadium to the downtown after the football game. VIII. ANNUAL REPORT--CITIZEN INVOLVEMENT COMMITTEE (memo, report distributed) City Manager Micheal Gleason introduced the agenda item. Pat Vallerand, chairperson of the Citizen Involvement Committee, presented the report. She stated that the report covered the work of the CIC during the past year, but she highlighted the involvement of the CIC in the revision of the Zoning Ordinance and the review of the neighborhood newsletters. Referring to a letter from the CIC to the City Council, she stressed that the Community Goals and Polices was the primary means of citizen invovlement for the residents of Eugene. She said the CIC was recommending that the document be adopted by the counci 1 . She added that the CIC had just selected a subcommittee to study the expansion of the CIC role beyond land use issues. She sta ted tha t the report of the subcommittee will be presented to the council at a later date. Ms. Vallerand said the CIC will host an open house in the fall for local teachers with workshops on local government. IX. SEVENTH ANNUAL SISTER CITY VISIT e Councilor Obie read a news release from Mayor Keller announcing the seventh annual visit of a 25-member delegation from Eugene's sister city of Kakegawa, Japan, during August 17 through 20. Councilor Holmer stated that the formal welcoming of the Kakegawa delegation was scheduled for 9 a.m. on August 18 in the Council Chamber. The meeting was adjourned to July 23 at 1:20 p.m. Respectfully submitted, ~~ Ci ty Manager (Recorded by Thom Strunk) MDG:TS:pv/CM23b1 - MINUTES--Eugene City Council July 18, 1984 Page 9