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HomeMy WebLinkAbout09/12/1984 Meeting ~ e M I NUT E S Eugene City Council City Council Chamber September 12, 1984 12:05 p.m. COUNCILORS PRESENT: Brian Obie, Cynthia Wooten (until 12:57), John Ball, Ruth Bascom, Debra Ehrman, Dick Hansen (until 12:57), Freeman Holmer, Emily Schue Adjourned meeting of the City Council of the City of Eugene, Oregon, was called to order by Council President Obie in the absence of His Honor Mayor Gus Keller. I. ITEMS FROM MAYOR & COUNCIL, APPOINTMENTS, ANNOUNCEMENTS, AGENDA ADJUSTMENTS A. Gypsy Moth Situation Councilor Holmer asked if the City had any role in dealing with the current local Gypsy moth infestation. City Attorney Tim Sercombe explained that the e State Forest Practices Act eliminated any local control over the spread or spraying of pesticides on trees or forests. B. Representation on City Boards and Commissions Councilor Holmer said the City Council had adopted a resolution in December 1983 which called for affirmative action in appointments to City boards and commissions. He commended staff for its revision of the respective application forms. He noted that the forms require answers to specific questions regarding age, sex, race, and related areas in order for the City to meet its affirmative action goals. Stating that the form allowed numerous responses for an individ- ual's race, he asked if it would be necessary to poll the local populace to determine the range of sexual preferences which the City may have to address in its affirmative action program. C. Harvest Fair Councilor Ehrman congratulated the Parks and Recreation Department on its recent Harvest Fair conducted at Skinner Butte. She said the fair was well attended and reflected the excellent effort of the staff. D. Ballot Measure No.2 Councilor Schue stated that she had been attending the local coalition meetings as a representative of the City. She asked for direction from the council on e MINUTES--Eugene City Council September 12, 1984 Page 1 , its desire for involvement with the Oregon Committee. She stressed the need e for the council to coordinate its actions in this area. She noted that the City unions were cooperating with the coalition in reaching its own members. Councilor Wooten said it was inappropriate for the council to establish an official liaison but said that Ms. Schue had the ability to represent the council at the coalition meetings. She reported that Jody Miller of Inter- governmental Relations was developing an educational campaign and speaking engagements for individual councilors on ,the effects of the ballot measure on the City. Ms. Wooten stated that she would work as an individual for the coalition. Ms. Schue said the focus of the Oregon Committee was informational and unbiased. She said individual councilors were not bound in their actions regarding the ballot measure except that no Ci~ funds could be spent supporting or opposing the measure. City Manager Micheal Gleason reported that staff was developing a speakers bureau to present a balanced, factual report on the ballot measure. He said that staff could also schedule a speaker to present an advocacy view. He said staff was concerned with presenting facts on the measure because of the cumbersomeness of the law. He felt that the factual arguments will be weak and that the City will have to depend on emotional arguments for its support. In response to a question by Councilor Holmer, Mr. Sercombe said the council could take a stand as long as no City funds were spent broadcasting that opinion. Councilor Wooten said the council could pass a resolution stating its position. She said the council should study measures in which that resolution could be distributed to the pUblic. She suggested that staff draft a resolution for council approval. She stressed that the council should seek e opportunities to present information and compile a list of civic groups and organizations. Councilor Schue stressed the need for coordination in this area because the Oregon Committee was already scheduling speaking engagements. She said the City may want to coordinate its actions with the committee's speakers bureau. She added that the council may want to distribute its resolution to the members of City boards and commissions. Councilor Bascom encouraged Ms. Schue in her suggestions. She said she was willing to respond to any requests for speakers in opposition to the ballot measure. Councilor Ehrman stressed the need to coordinate efforts to avoid any duplication. Councilor Obie stated that he will address the issue of Ballot Measure No.2 in his scheduled election speeches. He felt the council could be a resource for the Oregon Committee in providing speeches. He asked staff to poll the individual councilors to determine their willingness to speak on the measure. Ms. Wooten suggested that each councilor develop suggestions or methods in which he or she can assist in this effort. She said she would contact the Eugene Action Forum to determine what other measures were possible. She asked staff to report to the council on September 19 on a possible meeting date. E. Farewell Comments to Beth Campbell and Ruth Miller Councilor Wooten thanked Beth Campbell and Ruth Miller for their service to the City and the neighborhoods in their roles as Neighborhood Liaison. She said their efforts will long be remembered. e MINUTES--Eugene City Council September 12, 1984 Page 2 l F. Appointments e Ms. Wooten moved, seconded by Ms. Ehrman, to approve the follow- ing appointments and nominations to the positions as indicated: Mayor's Appointments to the Citizen Participation Review Team: Emily Schue, 3122 Willamette Street Freeman Holme, 996 Lariat Drive Brian Bauske, 1012 West 8th Avenue Carol Cogswell, 1280 East 39th Place Guy DiTorrice, 85 East 26th Avenue Glen Purdy, 1405 Mill Street Elizabeth Beairsto, 2090 Floral Hill Drive Marilyn Odell, 750 West Broadway Mayor's Appointment to the Metropolitan Wastewater Management Commission Betty Smith, 286 Woodridge Drive, as Alternate for an indefinite te rm. Mayor's Appointment to the Eugene Arts Foundation Board of Directors Ruth Bascom, 2114 University. e Council Subcommittee Nomination to Aging Commission Georgia Higgins, 2555 Riverview, to fill the unexpired term of Richard White ending January 1, 1985. Council Appointment to Downtown Commission A. Dean Owens, 2160 Oakmont Way, to fill the unexpired term of David Filer ending December 30, 1985. Roll call vote; the motion carried unanimously, 8:0. II. ROUTINE ITEMS FOR COUNCIL APPROVAL A. City Council minutes of July 10, 1984, as amended; August 8, 1984; dinner session minutes of August 13, 1984; regular and special meeting minutes of August 15, 1984 (memo, minutes distributed) Ms. Wooten moved, seconded by Ms. Schue, to approve the City Council minutes of July 10, 1984, as amended; August 8, 1984; August 13, 1984; and August 15, 1984. Roll call vote; the motion carried unanimously, 8:0. e MINUTES--Eugene City Council September 12, 1984 Page 3 , B. Improvement Petition for Tivey Wheeler Road (assessable costs: e paving--100%; sanitary sewers--100%; City cost--none) Res. No. 3878--A resolution authorizing street paving and sanitary sewer construction on west side of Tivey Wheeler Road from Valley River Drive to 300 feet south; and sanitary sewer con- struction 300 feet south of Valley River Drive from 400 feet west of Tivey Wheeler Road to Tivey Wheeler Road (2144). Ms. Wooten moved, seconded by Ms. Schue, to adopt the resolution. Roll call vote; the motion carried unanimously, 8:0. C. Segregation of Assessment of Property Located at Shasta Loop North of 43rd Street; Applicant: Michael Kearney (SE 84~8) Ms. Wooten moved, seconded by Ms. Schue, to approve the segrega- tion of assessment as noted. Roll call vote; the motion carried unanimously, 8:0. III. PUBLIC HEARINGS . . A. Alley Vacation Located Between East 22nd Avenue and East 23rd Avenue, from Patterson Street East 160 Feet to Alley (Gi11and/Peting) (AV 84-1) (memo, map. background information distributed) e City Manager Micheal Gleason introduced the agenda item. Briefly reviewing the September 12, 1984, Planning Department memorandum, he stated that the council had postponed the item from August 15 to provide additional time for City staff and representatives of the applicant to resolve concerns regarding the assessment. He said the applicant has been satisfied with the easement and assessment. He said staff was available for any questions from the council. The public hearing was opened. There being no testimony presented, the public hearing was closed. CB 2773--An ordinance authorizing vacation of an alley located between East 22nd Avenue and East 23rd Avenue, from Patterson Street east 160 feet to alley. Ms. Wooten moved, seconded by Ms. Schue, 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, 8:0. Council Bill 2773 was read the second time by council bill number only. -- MINUTES--Eugene City Council September 12, 1984 Page 4 ~ ~ . e Ms. Wooten moved, seconded by Ms. Schue, 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. 19278). B. Supplemental Budget #1 (memo attached; background info~ation distributed) City Manager Micheal Gleason introduced the agenda item. He stated that the supplemental budget had been approved by the Budget Committee after a public hearing on September 11, 1984. He stated that Finance Director Warren Wong was available to answer any questions of council. The public hearing was opened. There being no testimony presented, the public hearing was closed. CB 2775--An ordinance adopting a supplemental budget; making appropriations for the City of Eugene for the fiscal year beginning July 1, 1984, and ending June 30, 1985; and declaring an emergency. Ms. Wooten moved, seconded by Ms. Schue, 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 e time. Roll call vote; the motion carried unanimously, 8:0. Council Bill 2775 was read the second time by council bill number only. Ms. Wooten moved, seconded by Ms. Schue, 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. 19279). IV. RESOLUTION ACCEPTING FAA GRANT OFFER (memo, resolution attached) City Manager Michea1 Gleason introduced the agenda item. Aviation Director Bob Shelby presented the staff report, explaining that the FAA grant will allow for the expansion, marking, and lighting of the terminal parking apron. He added that the project will also enlarge the number of gate parking positions from four to eight. He said staff recommended that the council accept the FAA grant offer. Res. No. 3879--A resolution authorizing acceptance and execu- tion of grant offer, AlP Project No. 3-41-0018-04 for improvements at Mah10n Sweet Field. Ms. Wooten moved, seconded by Ms. Schue, to adopt the resolution. e MINUTES--Eugene City Council September 12, 1984 Page 5 ;' . Councilor Ehrman suggested that letters of appreciation be forwarded to e Senator Packwood and Representative Weaver for their assistance in acquirfng thi s grant. Roll call vote; the motion carried unanimously, 8:0. v. STATUS REPORT: HISTORIC TREE BALLOT MEASURE (memo, background information distributed) City Manager Micheal Gleason introduced the agenda item. Dave Reinhard of the Public Works Department briefly reviewed the September 4, 1984, Public Works and Planning Department memorandum which provided the definition of a historic tree as used in the Historic Tree Ballot Measure and the areas and proposed projects which would be impacted by the measure. He summarized that the ballot measure would add another step and related delays to the implementation of transportation projects and the requirement of funds to be set aside for tree maintenance. City Attorney Tim Sercombe explained that the ballot measure would not affect the first phase of the 6th/7th Avenues Widening Project because the City's participation in that project was complete. He said. the charter amendment will prospectively affect the City's participation in the second and third phases because no contract wit~ the State for use of the right of way has been signed. While the ballot measure proposes to retroactively affect City measures, he said the City Attorney's Office felt that the measure could have little effect on the first phase of the 6th/7th Project which contained most e of the trees defined as historic by the measure. In response to a question by Councilor Hansen, Mr. Sercombe said the ordinance would require a vote of the people to approve any transportation project including a historic tree. Councilor Holmer suggested that a subcommittee be established to develop a possible counci.l position on the ballot measure. . In response to a question by Councilor Ehrman, Mr. Gleason stated that a separate election would cost between $15,000 and $20,000. He fe1 t that the real cost to the City would be in the sequencing of transportation projects. He explained that the State was required to develop an environmental impact statement (EIS) prior to any project and that alternatives must be considered prior to approving any alignment. He said the measure's requirement for the citizens to vote on the alignment would create a complex situation that would effectively negate any future transporation plans. Al though the charter amendment would allow the City to perform some preliminary engineering steps before a vote of the people, Mr. Sercombe said the EIS performed in the preliminary analysis would then have to be restudied based on the public vote. He said that the delay between the original and final EIS may cause the loss of State or Federal funding. Councilor Bascom said she was committed to both the city transportation system and the trees in the area. She said she will present a proposal to the e MINUTES--Eugene City Council September 12, 1984 Page 6 t . e council to form a Eugene Tree Commission with a limited duration of two years to study the existing tree ordinance and related issues. She felt that the commission would demonstrate the concern of the City for the trees but would also stress the need for the City to improve its transportation system. Councilor Hansen felt that the ballot measure would stop any opportunity for future planning by the City. He said the prospect was even worse than he had expected when he first asked for the report from staff. Councilor Wooten said she had suggested an idea to staff similar to Ms. Bascom1s but was informed that it would be unacceptable because staff did not want to. proliferate the number of boards and commissions. Ms. Bascom said she had been informed that a committee with a limited duration would be more acceptable. She asked for input from the council on her suggestion. Mr. Gleason did not believe there would be any staff resistance to a major tree program, stating that the Planning Commission had recommended a design review committee to address the issue of the trees bordering 6th and 7th avenues. He said the design review resulted in a proposed loss of six trees out of 31 and that 60Q additional trees were proposed for the three phases of the widening project. He stated that he has continually proposed a beauti.fi- ca ti on program for II ga teway s II into the ci ty . He warned that traffic will overflow into the neighborhoods if the 6th/7th Corridor is not constructed. He did not believe that four lanes in that corridor and the elimination of six marginal trees would destroy the livability of Eugene. e Councilor Ball said he would support Ms. Bascom's idea, stating.that the residents of his ward had shown interest in street beautification. Counci 1 or Obie encouraged Ms. Bascom to pursue her proposal and return to the council with a resolution that outlined the difficulties created by the initiative and the past council position regarding trees. He said the resolution should address future measures to deal with historic trees without prohibiting community development. Ms. Ehrman asked Ms. Bascom to contact those individ- uals involved with the initiative measure to keep them informed of her proposal. Councilor Hansen agreed with the comments of Mr. Gleason regarding the Design Review Committee for the 6th/7th Avenues Widening Project, stating that staff had worked to save the most number of trees within the project area. He fe 1t that staff was dedicated to the beautification of the streets. He commented that the real issue behind the initiative was not saving trees but stopping the orderly development necessary for Eugene. He said he would support Ms. Bascom's efforts. Councilor Wooten said she supported a committee or policy approach to address tree maintenance and planting efforts. She said the proposal should not be attached to an initiative for 6th and 7th avenues. Ms. Bascom said the intent of her proposal was to demonstrate that the council cared for both trees and transporta ti on. Councilor Holmer said he supported Ms. Bascom1s proposal but felt that the council must clearly address and assign some responsibility to the ballot measure. Mr. Obie said he understood that Ms. Bascom would prepare e MINUTES--Eugene City Council September 12, 1984 Page 7 - . a resolution addressing the entire issue. Ms. Bascom said the council e should separately take a position against the ballot measure but should also show its good intentions regarding trees. Mr. Holmer moved, seconded by Ms. Bascom, that staff develop a resolution stating the City Council position on the Historic Tree ballot measure for discussion on September 26, 1984. Councilor Wooten felt that there would not be a unanimous vote on the motion, thus weakening the stance of the council. Councilor Schue said she would support the motion but recognized that all councilors would not do so. She - said she would prefer not to vote on the measure, but she was sure how to vote on the measure. Councilor Obie said he felt strongly that the council must take leadership on the issue, whether divided or not. He said the council represented the community and it was important how the world outside Eugene perceived the community. He said he was afraid that the passage of the ballot measure would show Eugene as supporting the environment with no concern for its own future. Ms. Wooten questioned the amount of time being spent on the debate. The motion carried, 6:2; Councilors Obie, Wooten, Ball, Bascom, Hansen, and Holmer voting aye and Councilors Ehrman and Schue voting nay. Councilor Obie directed staff to draft a resolution reflecting the council's discussion for consideration on September 26. Mr. Obie said that the council will spend time debating the issue at that meeting. - The meeting was adjourned at 12:57 p.m. to a work session in theMcNu~t Room. Councilors Ehrman, Hansen, and Wooten left the meeting at thfs time. -The meeting was reconvened in the McNutt Room at 1 p.m. VI: WORK SESSION: DRAFT RIVER ROAD/SANTA CLARA LAND USE ELEMENT Tom Hayes of the Planning Department introduced the agenda item. Terry Smith of the Public Works Department reported that the Environmental Protection Agency (EPA) had issued an environmental assessment including a finding of no significant impact (FONSI). He said that the assessment concluded that a ground water problem existed, that the proposed solution was the most cost- effective approach, and that the project implementation was satisfactory. He said Lane County would be considering an ordinance that afternoon to require residents to connect to the sewer system upon installation of the system if it was installed beyond city limits. He said he was confident that the EPA will offer the $6 million grant for the system. Mr. Hayes stated that the North Eugene Residents for Annexation (NEAR) will be presenting its announcement initiating the petition drive to include the annexation proposal for River Road/Santa Clara on the March or June ballot. e MINUTES--Eugene City Council September 12, 1984 Page 8 If successful, he said the annexation proposal will go the Boundary Commission e in late fall or early winter of that year. He said it would require a special election in March 1985 and would include two proposals due to the different tax rate proposals for River Road and Santa Clara. Councilor Ehrman entered the meeting at this time. City Manager Micheal Gleason explained that if neither River Road nor Santa Clara wished to enter the city as a collective group, then the residents would study and examine voting patterns and initiate annexation petitions for those areas favoring annexation. He said the City was still willing to incrementally annex the area. Mr. Hayes stated that a joint resolution by the three jurisdictions in 1983 directed a service plan to be conducted for River Road/Santa Clara. He said staff first concentrated on the Sanitary Sewer Service Plan but has since been working on the Lane Use Element. He said the Urban Facilities Plan was composed of Land Use, Transportation, Public Service and Utilities, and Community Design elements. Referring to the time line attached to the materials distributed to the council, Mr. Hayes said it appeared that staff would meet its Fall 1985 adoption deadline for the Urban Facilties Plan. He explained that the Metro Plan required that a retirement plan be developed due to the metropolitan-wide signficance of the River Road/Santa Clara area. He sta ted that the refinement plan had been in the Lane County work plan for several years but that there had been insufficient staff resources to develop the plan. Mr. Hayes said the draft Land Use Element to be distributed to the public was e approved by the Citizen Advisory Team (CAT) and the Policy Committee. He sa i d a joint CAT/Policy Committee public hearing was scheduled for October 10 in the River Road/Santa Clara area. He said staff will then refine the draft as necessary and submit the element to the CAT and Policy Committee for final approval. The element will be forwarded to the three jurisdictions for their adoption independent of the rest of the Urban Facilities Plan because of the need for policy direction. Referring to the Land Use map, Mr. Hayes briefly reviewed the Whitus property issue in which LUBA had remanded the rezoning issue back to Lane County with the understanding that Lane County would change its approval of the zone change contingent on the outcome of the Urban Facilities Plan. Mr. Hayes then reviewed the major land use concerns and recommendations as contained in the draft Land Use Element. Planning Director Susan Brody stated that the City Council will have a work session on the Land Use Element prior to its public hearing on the issue. The work session was adjourned at 1:20 p.m. ::spe::~u~ ~, . ~ r Micheal D. Gleason Ci ty Manager e (Recorded by Thom Strunk) TS:pv/CM8a8 MINUTES--Eugene City Council September 12, 1984 Page 9