Loading...
HomeMy WebLinkAbout12/18/1985 Meeting (2) M I NUT E S - Eugene City Council City Council Chamber December 18, 1985 12:15 p.m. COUNCILORS PRESENT: Cynthia Wooten, Emily Schue, Freeman Holmer, Ruth Bascom, Debra Ehrman, Roger Rutan, Jeff Miller. COUNCILORS ABSENT: Richard Hansen. The adjourned meeting from December 16, 1985, of the City Council of the City of Eugene, Oregon, was called to order by His Honor Brian B. Obie. I. ITEMS FROM MAYOR AND COUNCIL AND CITY MANAGER A. Air Pollution in Eugene Councilor Holmer said an article in The Register-Guard had made him wonder if the council should be considering ways to alleviate the pollution caused by e automotive emissions and wood-burning stoves. Councilor Ehrman shared his concerns. B. Nominations to Budget Committee (memos distributed) Councilor Bascom said she has nominated Alan Contreras, who moved into her ward recently, for another three-year term on the Budget Committee. Councilor Wooten said she has nominated Shawn Boles for another three-year term on the Budget Committee. c. National League of Cities Councilor Schue reported on the recent National League of Cities meeting in Seattle. She said the message was loud and clear that cities are on their own. They will receive very little help from the Federal government. In some places, the State government may help cities, but she did not think it is realistic to expect that in Oregon. D. Recognition of Martin Luther King's Birthday Councilor Miller suggested the City cooperate with the University of Oregon in planning a community-wide celebration of Martin Luther King's birthday. Mr. Miller volunteered to serve on a committee to plan the event. Councilor Schue suggested the Minority Commission be contacted as to their plans for the e event. MINUTES--Eugene City Council December 18, 1985 Page 1 E. January Council Meetings e Ms. Freedman, City Manager1s Office, said the Airport Commission will meet with the council on January 15, 1986. In addition to the distributed sche- dule, a dinner work session has been planned for January 21, 1986, to consider the budget plan. F. Appointments 1. Mayor's Nominations to Various City Boards and Commissions (memo distributed) 2. Council Subcommittees' Nominations to Variou~ Human Rights Commissions (memo distributed) 3. Councilors' Nominations to the Eugene Budget Committee (memo distributed) Ms. Wooten moved, seconded by Ms. Schue, to approve the follow- ing nominations: AIRPORT COMMISSION Barbara McCarty, 1660 Stoney Ridge......Term to expire: 1 /1 /90 Gerald Schmidt, 545 Montara Way.........Term to expire: 1 /1 /90 e CONSTRUCTION CODE BOARD OF APPEALS Paul Edlund, 547 Ful Vue................Term to expire: 1/1/91 CITIZEN INVOLVEMENT COMMITTEE Chuck Bailey, 1627 Lawrence.............Term to expire: 12/31/88 Gretchen Schutz, 139 East 17th, No. 4...Term to expire: 12/31/88 Jonathan Stafford, 1060 Madison.........Term to expire: 12/31/87 (neighborhoods' representative) COMMUNITY SCHOOLS COORDINATING COMMITTEE Molly Stafford, 1060 Madison............Term to expire: 1 /1 /89 HISTORIC REVIEW BOARD Kip Amend, 4235 Kincaid.................Term to expire: 1 /1 /89 (replaces Daniel Sponn) LIBRARY BOARD Martha Rice, 2090 Jefferson.............Term to expire: 1 /1 /90 e MINUTES--Eugene City Council December 18, 1985 Page 2 METROPOLITAN AREA PLAN ADVISORY COMMITTEE e Barbara Edwards, 1785 East 19th.........Term to expire: 6/30/88 (replaces S. Voorhees) METROPOLITAN WASTEWATER MANAGEMENT COMMISSION Mark Westling, 1464 Russet Drive........Term to expire: 2/1/89 PERFORMING ARTS COMMISSION G10ryvette Cox, 1408 Russet Drive.......Term to expire: 1 /1 /90 Betty Olson, 302 Spyglass Drive.........Term to expire: 1 /1 /90 Thomas Sciarretta, 2616 West Windsor....Term to expire: 1 /1 /90 Circle SIGN CODE BOARD OF APPEALS David Hoffman, 2141 Prestwich P1ace.....Term to expire: 1 /1 /89 Sid Voorhees, 2489 Lincoln..............Term to expire: 1 /1 /89 YOUTH COMMISSION Mika1 Krummel, 2424 Charnelton..........Term to expire: 1 /1 /89 Cheryl Zwi11inger, 892 West 23rd........Term to expire: 1 /1 /89 e (Replaces Cindy Da h 1 ) Scott Wells, 1041 Cinnamon..............Term to expire: 1/1/89 (Replaces Ardeth Ho 11 0 ) Jon Si1vermoon, 2441 Madison............Term to expire: 1 /1 /89 (Replaces Carol Dawes) COMMISSION ON THE RIGHTS OF PERSONS WITH DISABILITIES lone Pierron,1360 Ferry.................Term to expire: 1 /1 /89 Jane Alward, 2100 Madison...............Term to expire: 1 /1 /89 Gigi Aaron, 770 East 38th...............Term to expire: 1 /1 /89 John Hall, 915 Ascot Drive..............Term to expire: 1 /1 /89 (Replaces Elizabeth LePine) Nancy Brawner, 452 West 10th, Apt. 4....Term to expire: 1 /1 /89 (Vacant position) Susan Stoner, 888 Almaden Drive.~.......Term to expire: 1 /1 /87 (alternate) e MINUTES--Eugene City Council December 18, 1985 Page 3 MINORITY COMMISSION e Anne Lomax Coulter, 4655 Larkwood.......Term to expire: 1 /1 /89 (replaces Coralie Washington) Patricia Stuart, 117 East 24th Place....Term to expire: 1/1//89 (replaces Harriet Nelson) Luata Lawrence, 191 Monroe..............Term to expire: 1/1/87 (alternate) Frank Mills, 3380 Buckingham............Term to expire: 1/1/87 (a1 ternate) WOMEN'S COMMISSION Suzanne Bunker, 2633 Harris.............Term to expire: 1 /1 /89 (replaces Jami1eh Stroman) Nancy Dunn, 115 Ash.....................Term to expire: 1 /1 /89 {replaces Keli Osborn} Maureen Shine, 1801 Sy1van..............Term to expire: 1/1/87 (reappointment as alternate) Patricia Stuart, 117 East 24th P1ace....Term to expire: 1/1/87 (alternate) e Julie Collis, 85145 South Wi11amette....Term to expire: 1/1/87 (alternate) Suzan Stern, 556 Pearl..................Term to expire: 1 /1 /87 (alternate) BUDGET COMMITTEE Rachel Mordhorst, 1760 01ive............Term to expire: 12/31/88 Shawn Boles, 105 North Adams............Term to expire: 12/31/88 Alan Contreras, 1870 Onyx, Apt. C.......Term to expire: 1 2/31 /88 Roll call vote; the motion carried unanimously, 7:0. II. PUBLIC HEARINGS A. City of Eugene Supplemental BUdget #2 (memo, background information distributed) City Manager Michea1 Gleason introduced the agenda item. Mayor Obie opened the public hearing. There being no requests to testify, he closed the public hearing. CB 2866--An ordinance adopting a supplemental budget; making appropriations for the City of Eugene for the fiscal year beginning July 1,1985, and ending June 30, 1986; -- and declaring an emergency. MINUTES--Eugene City Council December 18, 1985 Page 4 Ms. Wooten moved, seconded by Mr. Hansen, that the bill be read e 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. Ms. Wooten moved, seconded by Mr. Hansen, that the bill be approved and given final passage. Roll call vote; all counci- lors present voting aye, the bill was declared passed (and became Ordinance No. 19370). Mayor Obie recessed the meeting of the Eugene City Council and convened a meeting of the Eugene Urban Renewal Agency. B. Eugene Urban Renewal Agency Supplemental Budget #1 (memo, resolution distributed) City Manager Michea1 Gleason introduced the agenda item. Mayor Obie opened the public hearing. There being no requests to testify, he closed the public hearing. Res. No. 917A--A resolution adopting a supplemental budget; making appropriations for the Eugene Renewal Agency for the fiscal year beginning July 1, 1985, and ending June 30, 1986. e Ms. Wooten moved, seconded by Mr. Hansen, to adopt the resolu- tion. Roll call vote; the motion carried unanimously, 7:0. Mayor Obie adjourned the meeting of the Eugene Urban Renewal Agency and reconvened the meeting of the Eugene City Council. C. Vacation of Street and Alley Rights-of-Way (City of Eugene: EWEB) (SV 85-2) (memo, map distributed) City Manager Micheal Gleason introduced the agenda item. Jim Croteau of the Planning Department gave the staff report. He said the Downtown Commission, the Planning Commission, and the City Council reviewed and commented on the Eugene Water & Electric Board (EWES) Master Plan which was adopted by the EWEB Board of Directors recently. The proposed vacation was indicated in the master plan. The area of the vacation will be used for outside storage and parking. Answering questions from Councilor Rutan, Mr. Croteau said EWEB will not com- pensate the City for the area to be vacated. Mr. Gleason said EWEB is a department of the City and the City's policy is that City departments are not billed for vacated public land. The requested vacation would transfer the land from street use to utility use. When the Parks Department requests a vacation, the department is not charged. Technically, the transfer of the property on the southwest corner of High Street and 8th Avenue was affected by an agreement between EWEB and the City involving charges to the general fund for water main use, a transfer of land from utility use to general government e MINUTES--Eugene City Council December 18, 1985 Page 5 e purpose use, and a transfer of money from the general fund to the utility fund. The net impact was not cash-negative to the general fund. It was dis- cussed as a sale, but it was not technically a sale. It was a value transfer. Responding to a comment from Ms. Wooten, Mr. Gleason said the City's relation- ship with EWEB has improved and, perhaps in the future, EWEB will follow the City's example and transfer land at no cost. Responding to a question from Ms. Ehrman, Mr. Croteau said apartment residents to the north of 4th Avenue will not be able to use the vacated alleys. Ms. Wooten asked why the City does not have a reciprocal agreement with EWEB for the exchange of property. She said there have been times when EWEB pro- perty would have been useful to the City. Mr. Gleason said administrative and legal work on the transfer of real property is being done. It is a complica- ted issue. He expects a policy statement will be negotiated that can be recommended by the staff. The policy statement will then be approved by the EWEB Board of Directors and the City Council. Mr. Gleason did not want to hold up the vacation until the whole issue is resolved. He thought the City should demonstrate appropriate interagency behavior when surplus property is transferred. Answering other questions, Mr. Gleason said an agreement on specific issues of reciprocity has not been reached but progress has been made. Mr. Croteau said the land in the requested vacation might be valued at $50,000 to $100,000. Mr. Gleason said the first step in the resolution of the reciprocity issue is - an agreement about the dispute; then the issue can be considered by the po1icymakers. He said the City charter indicates a relationship between the EWEB Board of Directors and the City Council and a direct relationship con- cerning land disposition. Several councilors asked if an EWEB representative would discuss the issue. Deborrah Brewer, EWEB Planning and Governmental Affairs Coordinator, was in the audience. She said the vacated area will replace the storage yard being lost at the east end of the EWEB site to the University of Oregon. A delay of one month might be acceptable. A longer delay would cause problems because EWEB plans to move some things into the area in February and March. She said the EWEB Master Plan indicates EWEB will respond to City concerns by providing open space near the river. The land area of the open space along the river is greater than the area of the requested vacation. Mr. Holmer did not see any advantage in deferring action on the proposal. He said EWEB is a separate entity engaged in a commercial activity. It is dif- ferent from other City departments. Mr. Miller said the City budget indicated payments to EWEB for the 8th and High Street property. Money was taken from other things to make the pay- ments. Mr. Gleason responded that the City considered the transaction a transfer of land uses. Keith Parks, former EWEB General Manager, considered the transaction a sale. Mr. Gleason said the City Charter does not indicate clearly whether the EWEB Board of Directors or the City Council has responsi- bility for land used by EWEB which is declared surplus. The City's policy is e clear. City departments are not charged for the transfer of surplus land. MINUTES--Eugene City Council December 18, 1985 Page 6 Commenting on the proposal, Ms. Wooten said the open space provided by EWEB in e the master plan responds to a public responsibility. She was concerned about the implications of the requested vacation. She said the council has strug- gled to improve its relationship with the EWEB Board, but the specific rela- tionship has not been defined. A reciprocal agreement about land exchanges would facilitate the definition of the relationship. It seems the City buys land from EWEB, but the City gives land to EWEB. It is not fair, and she is tired of it. Before the requested vacation is approved, she would like some progress toward a reciprocal agreement about land exchanges. Ms. Wooten moved, seconded by Ms. Schue, to postpone action to January 29, 1986, on the EWEB request for vacation of street and alley rights-of-way (SV 85-2). Mr. Rutan said the reciprocal agreement is important. However, it will not be easy to get the agreement if the comparatively minor vacation request is a hostage. He has confidence that the City Manager and the EWEB General Manager will effect a reciprocal agreement without a vacation request hanging over their heads. He would oppose the motion. Ms. Bascom appreciated the City Manager's efforts to negotiate with EWEB. She said the negotiations would be more effective without the postponement of the vacation request. Answering a question from Ms. Ehrman, Mr. Gleason said a tentative agreement may be achieved within a month. The council could indicate that it is pleased e with the EWEB Master Plan and does not intend to hold up its implementation, but that the council would like to start a practice with the requested vaca- tion. When the Gillespie Butte issue was discussed, irrelevant questions arose before the policy question could be resolved. Policies can be addressed better without irrelevant factors, Mr. Gleason said. Answering a question from Ms. Ehrman, Mr. Gleason said the council will have to request a vote on a bond issue to finance the office building EWEB plans to construct. Ms. Schue wanted the EWEB Board to understand that the council is serious about settling the problems. She intended to vote to approve the vacation, but she thought a postponement would indicate the council's concerns to the EWEB Board. She said the Gillespie Butte issue is still not solved. Mr. Gleason said a postponement would not be disastrous for EWEB if the coun- cil clearly indicates that it wants to resolve the issues and does not intend to impede implementation of the EWEB Master Plan. Mr. Miller also wanted to get the reciprocity issue resolved. He did not intend to hold up EWEB's development of its property. Mr. Holmer said the message will be clearest if the motion to postpone action is defeated, the vacation request is approved, and a resolution is passed that the council expects the issues to be resolved expeditiously. -- MINUTES--Eugene City Council December 18, 1985 Page 7 Ms. Wooten hoped the EWEB plan would be implemented with the council's assis- e tance. She said the property in the vacation request is worth about $100,000 and that is important. She hoped a beneficial reciprocal property agreement would be completed. She urged support of the motion. Mayor Obie supported the motion. He was not sure the City should give away property to EWEB. He asked for a legal opinion. Mr. Gleason responded that three opinions from Attorney Generals and two opinions from the courts indi- cate that EWEB is a department of the City. Therefore, land can be transfer- red to it without charge. The dispute involves surplus land. He expects an agreement about the disposition of surplus land which both the City Council and the EWEB Board can adopt. City Attorney John Arnold agreed with Mr. Gleason. Mr. Arnold said the issue is being pressed, but it is complicated by political history. Roll call vote; the motion carried 4:3, Councilors Wooten, Schue, Ehrman, and Miller voting aye and Councilors Holmer, Rutan, and Bascom voting nay. The specific date for reconsideration of the vacation request was added to the motion with the consent of all councilors present. Mayor Obie asked Ms. Brewer to convey the council's intent to the EWEB Board. e III. ORDINANCE CONCERNING STATE TRAFFIC LAWS (memo, ordinance distributed) City Manager Micheal Gleason introduced the agenda item. He said CB 2868 will adopt the Oregon Vehicle Code and permit the City to enforce its traffic ordi- nances in Municipal Court. CB 2868--An ordinance concerning traffic; amending Section 5.005 of the Eugene Code, 1971; declaring an emergency; and declaring an effective date. Ms. Wooten moved. seconded by Ms. Schue, that the bill be read the second time by council bill number only, with unanimous con- sent of the council, and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 7:0. Ms. Wooten moved, seconded by Ms. Schue, that the bill be approved and given final passage. Roll call vote; all counci- lors present voting aye, the bill was declared passed (and became Ordinance No. 19371). IV. HISTORIC FACADE EASEMENTS FOR AX BILLY BUILDING AND ALPHA TAU OMEGA HOUSE (memo, background information distributed) City Manager Michea1 Gleason introduced the agenda item. -- MINUTES--Eugene City Council December 18, 1985 Page 8 Mr. Holmer said the council's action would result in the developer receiving a e tax benefit. Therefore, for the record, he asked Rob Bennett, owner of the Ax Billy Building and the Alpha Tau Omega (ATO) House, to explain the tax advan- tages of historic facade easements. Mr. Bennett said the historic designation may reduce the value of a building because a future owner or tenant cannot change the historic parts of the building. The difference the historic facade easement makes in the value of the building can be an income tax deduction. He said the easements are encouraged by all levels of government as an incen- tive to maintain historic bUildings. Ms. Wooten moved, seconded by Ms. Schue, to authorize the City Manager to accept facade easements for the Ax Billy Building and the Alpha Tau Omega House. Roll call vote; the motion carried unanimously, 6:0. Ms. Ehrman abstained from the vote because she is part of a business which is a tenant in the ATO House. V. PROPOSED LOCAL PERIODIC REVIEW ORDER (memo, resolution, background information distributed) City Manager Michea1 Gleason introduced the agenda item. Planning Director Susan Brody gave the staff report. She said a periodic review is required by State law. It provides a process for reviewing comprehensive plans and assur- ing their consistency with State laws and changing circumstances. The order e presented to the council is a preliminary one. It was approved by the Lane County Board of Commissioners and will be considered by the Springfield City Council. The council will hold a public hearing on the final order in April 1986. Ms. Wooten wondered why references were made to annexations to the Urban Growth Boundary in the order and other issues were ignored. Ms. Brody respon- ded that changes in circumstances was a criterion of the order and the annex- ations were a change. Things that are not pertinent to the criteria for the order were not included. The discussion of the Growth Alternatives Study indicates that the LCC basin and the part of the Mohawk Valley close to Springfield will be included in the study. Answering Questions from Ms. Bascom, Ms. Brody said the requirement for a periodic review is a good one, but the administrative procedures for it are cumbersome. The Department of Land Conservation and Development will review the procedures in about a year. Ms. Bascom said the Periodic Review Order contains good data that rebuts testimony the council received about population projections. She urged the Planning staff to send the information to those who testified about the projects. Ms. Brody distributed a memo dated December 17, 1985, to the councilors. The memo was to the Metropolitan Elected Officials from Gary Darnie11e and indi- cated that the Eugene Planning Commission recommended approval of the draft order with the addition of the following introductory statement under Item 3 on page 4: - MINUTES--Eugene City Council December 18, 1985 Page 9 When the Metro Plan was acknowledged in 1982, there were many policies - that related to statewide goals, but only the three listed below were not carried out by completion of the Mid-Period Review as specified in the Metro Plan. These policies are not directly re~uired by the state- wide goals; however, the three local governments ob igated themselves to complete them prior to the completion of the mid-Period Review. Res. No. 3953--A resolution adopting a proposed periodic review order pursuant to ORS 197.640 (5) and ordering a public hearing. Ms. Wooten moved, seconded by Ms. Schue, to adopt the resolution subject to the addition recommended by the Eugene Planning Com- mission. Roll call vote; the motion carried unanimously, 7:0. VI. PLANNING COMMISSION'S RECOMMENDATION ON DRAFT TRANSPLAN/STAFF RESPONSE TO TESTIMONY AT ELECTED OFFICIALS' HEARING (memo, background informa- tion distributed) Mayor Obie said there was not time for discussion and staff response to testi- mony on the TransP1an draft. Ms. Brody asked councilors to indicate their concerns about the draft so the staff could prepare responses during the holidays. Mr. Rutan wanted to discuss the transit goal, the introduction to the Trans- e Plan, the Financial section, a transfer of projects numbered 121, 131, and 132 from the short-range to the long-range phase, Mr. Hansen's concerns, and the "Special Studies" section. He said the 8 percent transit goal is unrealistic. It should be no more than 5 percent and the computer modeling should be changed accordingly. He suggested that the introduction signify a change in transportation planning that indicates only necessary projects will be considered. He also thought the plan should include a statement indicating that the cooperation of the Oregon Department of Transportation and the Fede- ral government is needed to complete transportation projects. He liked the Planning Commission recommendation about the "Financial" section. He sugges- ted a special study of parking in the Sacred Heart Hospital and University of Oregon area be included in the plan. He would like a staff response to testi- mony from Sacred Heart Hospital about the addition of policies PklO and AM8. Ms. Ehrman suggested that copies of the TransPlan with the recommended changes, as well as the original wording in the draft, be prepared. Mr. Holmer said that woonerfs should not be included in the TransP1an. Mayor Obie suggested the council discuss the population projections and the public transit goal. - MINUTES--Eugene City Council December 18, 1985 Page 10 - Mayor Obie adjourned the meeting at 1:30 p.m. e :r..Respectfu11y submi tted, ~~ Ci ty Manager (Recorded by Betty Lou Rarick) BLR:ch/1927C e e MINUTES--Eugene City Council December 18, 1985 Page 11 .,. ..... . AGE N D A . EUGENE CITY COUNCIL CITY COUNCIL CHAMBER December 18, 1985 Noon Adjourned meeting from December 16, 1985; His Honor Mayor Brian B. Obie presiding. Councilors: Cynthia Wooten, President Freeman Holmer Richard Hansen, Vice President Jeff Miller Ruth Bascom Roger Rutan Debra Ehman Emi 1y Schue I. ITEMS FROM MAYOR AND COUNCIL AND CITY MANAGER A. Announcements B. Appointments l. Mayor's Nominations to Various City Boards and Commissions (memo . under separate cover) 2. Council Subcommittees' Nominations to Various Human Rights Commissions (memo under separate cover) 3. Councilor Ehrman's Nomination to the Eugene Budget Committee (memo under separate cover) II. PUBLIC HEARINGS A. City of Eugene Supplemental Budget #2 (memo attached to agenda; background information under separate cover) Manager--Introduces topic, presents background information Mayor--Opens public hearing Mayor--Closes pUblic hearing Manager--Reads council bill by number and title only, if no councilor present requests that it be read in full. CB 2866--An ordinance adopting a supplemental budget; making appropriations for the City of Eugene for the fiscal year beginning July 1, 1985, and ending June 30, 1986; and declaring an emergency. . AGENDA 12/18/85--1 ---. - .. '.";:" . moved, seconded by , 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. moved, seconded by , that the bill be approved and given final passage. Roll call vote. Mayor recesses the meeting of the Eugene City Council and convenes the meeting of the Eugene Urban Renewal Agency. B. Eugene Urban Renewal Agency Supplemental Budget #2 (memo; resolution attached) Manager--Introduces topic, presents background information Mayor--Opens public hearing Mayor--Closes public hearing Manager--Reads resolution by number and title only, if no councilor present requests that it be read in full. Res. No. 9l7--A resolution adopting a supplemental bUdget; making appropriations for the Eugene Renewal Agency for the fiscal year beginning July 1, 1985, and ending June 30, 1986. moved, seconded by , to adopt the resolution. Roll call vote. Mayor adjourns the meeting of the Eugene Urban Renewal Agency and reconvenes . the meeting of the Eugene City Council. C. Vacation of Street and Alley Rights-of-Way (City of Eugene: EWEB) (SV 85-2) (memo, map attached) Manager--Introduces topic, presents background information Mayor--Opens public hearing Mayor--C10ses public hearing Manager--Reads council bill by number and title only, if no councilor present requests that it be read in full. CB 2867--An ordinance authorizing vacation of street and alley rights-of-way located east of High Street, north of the Southern Pacific Railroad, and south of East 4th Avenue. moved, seconded by , 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. . AGENDA 12/18/85--2 - ------.- - ~ , moved, seconded by , that the bill be approved and given final passage. Ro 11 ca 11 vote. . I I I. ORDINANCE CONCERNING STATE TRAFFIC LAWS (memo, ordinance attached) CB 2868--An ordinance concerning traffic; amending Section 5.005 of the Eugene Code, 1971; declaring an emergency; and dec1ar~ng an effective date. moved, seconded by , 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. moved, seconded by , that the bill be approved and given final passage. Roll call vote. IV. HISTORIC FACADE EASEMENTS FOR AX BILLY BUILDING AND ALPHA TAU OMEGA HOUSE (memo attached; background information under separate cover) moved, seconded by , to authorize the City Manager to accept facade easements for the Ax Billy Building and the Alpha Tau Omega House. Roll call vote. V. PROPOSED LOCAL PERIODIC REVIEW ORDER (memo attached; resolution, . background information under separate cover) Res. No. 3953--A resolution adopting a proposed periodic review order pursuant to ORS 197.640 (5) and ordering a public hearing. resolution. moved, seconded by , to adopt the Roll call vote. VI. PLANNING COMMISSION'S RECOMMENDATION ON DRAFT TRANSPLAN/STAFF RESPONSE TO TESTIMONY AT ELECTED OFFICIALS' HEARING (memo attached; background information under separate cover) Adjourn to January 6, 1986. CF:je/EA24 . AGENDA 12/18/85--3 ~ . . M E M 0 RAN DUM December 17, 1985 TO: Budget Committee and City Council FROM: Warren G. Wong, Finance Director SUBJECT: SUPPLEMENTAL BUDGET #2 Attached is the Ordinance and supporting schedule to facilitate Supple- mental Budget #2 for the City of Eugene for FY86. The following schedule summarizes the impact of supplemental Budget #2. General/Federal Other Total Item Revenue Sharing Fund Funds Funds l. Budget/Accounting $ 331,986 $3,106,733 $3,438,719 Adjustments 2. Unanticipated Revenue 653,033 1,395,455 2,048,488 . Total $ ';85,019 $4,502,188 $5,487,207 --------- -------- --------- --------- -------- --------- Attachements fngrm009 Attachments . \.t I . M E M 0 RAN DUM . December 17, 1985 TO: City Council and Budget Committee FROM: Warren G. Wong, Finance Director SUBJECT: EUGENE RENEWAL AGENCY SUPPLEMENTAL BUDGET #2 Attached is the Resolution and supporting schedule to facilitate Supple- mental Budget #2 for the Eugene Renewal Agency for FY86. The following schedule summarizes the impact of Supplemental Budget #2. Eugene Item Renewal Agency 1. Budget/Accounting $ 903,767 Adjustments 2. Unanticipated Revenue 97 ,108 TOTAL $1,000,875 . --------- --------- fngmeram Attachments . . ~ RESOLUTION NO. 917 . A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET; MAKING APPROPRIATIONS FOR THE EUGENE RENEWAL AGENCY FOR THE FISCAL YEAR BEGINNING JULY I, 1985 AND ENDING JUNE 3D, 1986. The Eugene City Council, acting as the governing body of the Eugene Renewal Agency under ORS 457.045(3), finds that adopting the supplemental budget and making appropriations is necessary under ORS 294.480(3). NOW, THEREFORE, BE IT RESOLVED by the Eugene City Council, acting as the governing body of the Eugene Renewal Agency, as follows: Sect ion 1. The supplemental budget as approved by the budget committee for fiscal year beginning July I, 1985, set forth in attached Exhibit "A" is hereby adopted. Section 2. The supplemental amounts for the fiscal year beginning July I, 1985, and for the purposes shown in attached Exhibit "A" are hereby appropriated. . The foregoing resolution adopted this 18th day of December, 1985. -- Director . . EXHIBIT HAil . EUGENE RENEWAL AGENCY FUND OPERA nONS NON-DEPARTMENTAL: Interfund Operating Transfer $ 46,236 CAPITAL PROJECTS 89,000 OTHER REQUIREMENTS Reserve 8,308 Balance Available 857,331 TOTAL EUGENE RENEWAL AGENCY FUND $ 1,000,875 ---------- ---------- FNGMRES2 . . ME M 0 RAN 0 U M December 18, 1985 . To: Mayor and City Council From: Planning Department Subj: City of Eugene: EWEB Street and Alley Vacation (SV 85-2) The Eugene Water and Electric Board has applied for vacation of street and alley right-of-way on property located east of High Street, north of the Southern Pacifi c Railroad, and west of the Ferry Street overpass. The attached map shows the specific areas of the vacation request which are as follows: 1. Mill Street - Located south of East Fourth Avenue 2. East Fifth Avenue - Located east of High Street 3. The north/south alley - Located east of High Street between 4th and 5th avenues 4. The east/west alley - Located between High Street and the Ferry Street Overpass. Background The vacation of the above right-of-way follows adoption by the EWEB Board of a master site plan in November. The master plan was extensively reviewed by the . Downtown Commission, Planning Commission and City Council whicho made recommendations to the EWES Board prior to adoption of a master plan. The adopted master plan includes the following elements: 1. Recognition of the appropriateness of EWES's continued use of the site for utility operations. 2. Location of a future office building and public plaza adjacent to the Willamette River near Fourth Avenue. 3. Use of the west portion of the site (the area of the proposed vacation) for future parking and outside storage. 4. Retention of the Midgley's bUilding and associated parking area until it is needed for utility purposes. The master plan also commits EWES to work with the City at the time this area is needed, to look at joint uses including parking and street level commercial uses along High Street. 5. Coordination of EWES development of the east portion of the site with the adjacent Riverfront Park development. 6. Refinement in the deve 1 opment of the riverbank area with landscape treatment and bicycle/pedestrian access. The above elements are only a brief overview of some aspects of the master . plan. The staff will be available to provide more information if needed by the City Council or members of the public. . Evaluation of Vacation Request The proposed vacation was sent to the various referra 1 agencies and the Downtown CommJssion. Notice.of the request was also sent to all abutting . property owners and occupants. Based on the comments received from these parties and the following factors, the staff makes the following evaluation of this street and alley vacation request: 1. The subject area is not presently or in the future needed for public services, facilities, or utilities; The various public agencies including Eugene Public Works Department, Eugene Water and Electric Board, Northwest Natural Gas, Pacific Northwest Bell, and Group W Cable receieved notice of the vacation and indicate that there are existing utilities and public facilities within the areas of vacation. The staff is recommending that public utility easements be retained for all areas in this vacation request to cover the existing facilities. In the future if EWES wished to relocate these public facilities, the public utility easements could be vacated. 2. Such public services, facilities or utilities can be extended in an orderly and efficient manner; and Retention of public utility easements for the areas of this request will ensure the ability to provide public services in this area and opportunity for orderly and efficient extension of services in the future if needed. 3. The vacation is consistent with applicable transportation plans. As noted above, the entire EWES site was the subject of extensive review . during the master plan review. The portion of the site which covers the area of this vacation is planned for outside storage and surface parking along Fourth Avenue. In the future, if a parking structure is warranted, it will be situated on this property, west of the Ferry Street overpass. In all thi s planning, there was no indication for future need of the alleys of street rights-of-way for future public access. The master plan also allows for the future expansion of the Ferry Street bri dge and approaches by provi di ng a setback for future building and development in alignment with the existing overpass. EWES indicates that when this portion of the site is developed in conjunction with parking and the future office building, that pedestrian access would be provi de to connect the Fifth Street area with the main EWES office and riverfront area. This access will use the existing right-of-way along High Street and Fourth Avenue. In addition, there will be opportunity for internal pedestrian ways through the EWES site. Recommendation Based on the above evaluation the staff recommends that the City Council approved the subject street and alley vacation retaining public util ity easements over the areas being vacated. Attachment: Vicinity Map . . . City of Euoene: EWES (SV 85-2) Assessor's Map 17-03-30-44, 17-03-31-1 1, and 17-03-32-2 2 Located east of High Street, north of the Southern Pacific Railroad and south --- of East 4th Avenue Requests vacation of the following street and alley rights-of-way: l. Mill Street - Located south of East 4th Avenue 2. East 5th Avenue - Located east of High Street 3. The north/south alley - Located east of High Street between 4th and 5th avenues 4. The east/west alley - Located between High Street and Mill Street Applicant: Eugene Water and Electric Board E. 4~ AVE. , I I I~I I~I :~I fU ~QT _ I~I _ l7'O"~'+f I I I I I YQrE. lIil' It. I I~I l All U\ \.QT'\ ~ !wn oWIIfP. I>! L- - -__ MWM.'.1"Ilf'1UIOI! lll4. I I \-l 1,1 1 ~ flll~t'lIJdo IlULllOI4t~ \S' I J "' :r! -.:J ~ I fAX LDl" IjlCJ I "olP n.o..fl.U " J I ca....... eu-...,.... "",.,...... .. ~ ... "fWIIIO" I' Oil'( ...- ~'U>.M. . ) " M E MaR AND U M . To: Mayor and City Councilors Date: ~12,l985 Subject: Readoption of State Traffic Laws Provisions of Oregon Laws, 1983 and Oregon Laws, 1985 substan- tially revised and renumbered the state traffic laws and will become effective on January 1, 1986. We have therefore prepared an Ordinance amending Section 5.005 of the Eugene Code, 1971 which adopts the state traffic laws, and provided an effective date of January 1, 1986. This Ordinance adopts all the ORS Chapters that will constitute the State Vehicle Code after January 1, 1986.. Once these laws have been codified and we ha ve specific ORS provisions to refer . to, we may be returning with an Ordinance that adopts less than the entire State Vehicle Code. In the meantime, this Ordinance insures the City's ability to continue to enforce state traffic laws within the City. BARRANG, LONG, WATKINSON & ARNOLD, p.e. - CITY ATTORNBYS ~~:ls~ TJS:jw . . ORDINANCE NO. AN ORDINANCE CONCERNING TRAFFIC; AMENDING SECTION 5.005 OF THE EUGENE CODE. 1971; DECLARING AN EMER- GENCY; AND DECLARING AN EFFECTIVE DATE. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Secti on l. Section 5.005 of the Eugene Code. 1971, is amended to read and provide: 5.005 Sta te Tra ffi cLaws. It is the policy of the city to conform its traffic laws as closely as feasible to the traffic laws of the State of Oregon. {aRS-2~S~42a;-486~8~S;-486~22%;-a"d-t}Ihe provisions of ORS Chapters {48%.-482.-483.-484,-48S-a"d-48T} 801, 802, 803, 805. 806. 807. 809. 810. 811. 813. 814. 815. 816, 818. 819, 820. 821, 822, and 823 as now enacted or hereafter amended. are hereby adopted. and violation thereof shall consti- . tute an offense against the city. Section 2. That the matters contained herein concern the public health, welfare and safety. and therefore, an emergency is hereby declared to exist. and this Ordinance shall become effective on January 1, 1986. which is the effective date of the ORS Chapters adopted herein. Section 3. The City Recorder is hereby authorized to delete or amend references contained elsewhere in the Eugene Code, 1971 to provisions of ORS which have been repealed. amended or renumbered by the chapters adopted herein. upon the request of. or with the concurrence of the City Attorney. Passed by the City Council thi s Approved by the Mayor this 18th day of December. 1985 18th day of December, 1985 . Cay Recorder Mayor Ordinance I ; M E M 0 RAN DUM . December II, 1985 TO: Mayor and City Council FROM: Eugene Development Department Staff SUBJECT: HISTORIC FACADE EASEMENTS FOR AX BILLY BUILDING AND ALPHA TAO OMEGO HOUSE Background Rob Bennett of Bennett Management Company, owner of the Ax Billy Building and the ATO house has proposed to donate facade easements for both these historic buildings to the City of Eugene. These facade easements would guarantee the City that no alterations would be made to the historic elements on the exterior of these buildings without first obtaining City approval. Both buildings are on the National Register of Historic Places. The ATO House has also been designated as a City landmark. The Ax Billy Building has not been through the City designation process, but the facade easement will provide much of the same protection that local designation would accomplish. Bennett Management Company would like to accomplish donation of the facade . easements by the end of the year in order to gain certain tax advantages. These tax advantages have been figured into the financial projections for the Downtown Athletic Club and are important to the success of that project. The City previously accepted a facade easement for the Eugene Hotel in 1983. Rob Bennett will be at the Council meeting to respond to questions. Facade easements for both buildings have been prepared and approved by the City Attorney's office. They are attached. Proposed Action Authorize the City Manager to accept facade easements for the Ax Billy Building and the Alpha Tao Omega House. . , . ~ L5Ei~ Council of Governments . NORTH PLAZA LEVEL PSil/IZ5 EAST EIGHTH AVENUE / EUGENE. OREGON 97401 I TELEPHONE (503) 687-4Z83 DATE: December 11, 1985 TO: Metropolitan Elected Officials FROM: Gary Darnielle, L-COG Program Manager SUBJECT: Periodic Review of the Metropolitan Plan Periodic review is a process designed by the 1981 Oregon Legislature to ensure that acknowledged comprehensive plans stay consistent with the statewide planning goals and state agency programs and plans. A consistency analysis is initially performed by local jurisdictions which must develop findings of fact regarding four statutory periodic review criteria and indicate what actions, if any, are necessary to reestablish consistency with the stateside planning goals. This preliminary analysis, formally called a 'proposed local periodic review order' , is submitted to the Department of Land Conservation and Development (DLCD) for review. The DLCD, which has the responsibility for administering . the periodic review process, has scheduled the submitta( of the periodic review order of the Metropolitan Plan for December 27, 1985. Oregon Administrative Rule Chapter 660, Division 19, requires that the local citizen involvement committee hold a public hearing on the periodic review order prior to the order's adoption by the appropriate local jurisdiction(s). The Metropolitan Area Planning Advisory Committee (MAPAC) conducted a public hearing on the draft periodic review order on Thursday, December 5 at the Springfield City Council Chambers. The local citizen involvement committee is not required to take any action on the proposed periodic review order and because of a lack of a quarom did not do so. The three planning commissions are in the process of reviewing the proposed local periodic review order and forwarding a recommendation to their respective governing bodies. The governing bodies of the three metropolitan jurisdictions must adopt the proposed periodic review order, by resolution or order, and set a date for a final hearing on the proposed periodic review order. This final hearing must be at least 90 days after the date required for the submission of the proposed periodic review order to the DLDC. The DLCD must notify the metropolitan jurisdictions of any concerns regarding the proposed periodic review order at least 30 days prior to the final hearing on the order. The DLCD must review the final local periodic review order and objections thereto within 60 days of its receipt. At this time, the Director of the DLCD must either terminate the periodic review proceeding or submit a report and recomme n dation to the Land Conservation and Development . Commission (LCDC). The action taken by the DLCD Director and any action taken by LCDC may be appealed by persons who participated in the local government proceedings leading to the adoption of the final review order. A . , . . copy of a generalized ti'me frame for the metropolitan area's periodic review process and a flow chart and administrative rule for the periodic review process is enclosed. In general, the draft 'proposed local periodic review order' for the Metropolitan Plan concludes that either the periodic review criteria are not applicable or that they will be satisfactorily met through actions taken by the metropolitan jurisdictions prior to the conclusion of the next update of the Metropolitan Plan. This latter category includes the need to address new inventory materials, such as the Goodpasture Island Great Blue Heron Rookery and archaeological data, and proposed Mid-Period Review committments regarding the Growth Area Alternatives Study. clgdmemo . . . . ~ ~ ~@fE: -- La~ Council of Governments . NORTH PLAZA LEVEL PSB-I125 EAST EIGHTH AVENUE / EUGENE. OREGON 97401 /TELEPHONE (503) 687-4283 December 11, 1985 TO: Metropolitan Elected Officials FROM: Gary Darnielle, L-COG Program Manager SUBJECT: Public Hearing Testimony on the Proposed Periodic Review Order On Thursday, December 5, 1985 the Metropolitan Area Planning Advisory Committee (MAPAC) held a public hearing on the Proposed Local Periodic Review Order. The public hearing was opened and closed without any members of the public requesting to speak. Because of a prior comittment, Mr. Jon Silvermoon was unable to attend that portion of the public hearing which was open for public testimony. Since Mr. Silvermoon's request to reopen the hearing for public testimony was refused, staff feels that fairness dictates that Mr. Silvermoon's concerns be conveyed to the metropolitan planning commissions and . governing bodies. The following is a brief discussion of Mr. Silvermoon's comments: 1. Mr. Silvermoon felt that Section A.3. of the Proposed Local Periodic Review Order, which deals with decisions by the local government to delay or not carry out plan policies which relate to goal requirements, should address the following Plan policies: a. Environmental Resource Element Policy #9 (page 111-C-8) requires a study of the protection and buffering of agricultural lands prior to the next Plan Update. b. Transportation Element Policy #4 (page III-F-5) encourages the development of automobile-free urban areas and transportation corridors. Mr. Silvermoon felt that the reconversion of the Downtown Mall on Willamette Street, between 10th and 11th, was an example where this policy was violated. c. Public Utilities, Services and Facilities Element Policy #10 (page I I 1- G-5) "encourages support for central city schools. Mr. Silvermoon stated that the closure of various schools near the downtown core of Eugene indicated that this policy was not being implemented. d. Public Utilities, Services and Facilities Element Policy #13 (page IJI- G-G) requires a metropolitan-wide Water Master Program. . e. Parks and Recreation Facilities Element Policy #1 (page 111-H-5) requires a metropolitan recreational facilities plan. . i . f. Historic Preservation Element Policy #3 (page "1-1-2) encourages the development of a metropolitan nonprofit historic preservation development organization. Mr. Silvermoon noted that no steps have been taken to implement th is policy. g. Energy Element Policy #1 (page 111-J-4) calls for the development of a metropolitan energy management plan. h. Citizen I nvolvement Element Policy #2 (page III-K-3) requires adequate funding for a variety of citizen involvement programs. Mr. Silvermoon questioned whether the current citizen involvement program for the metropolitan area has been adequately supported financially or evaluated for effectiveness. 2. Mr.Silvermoon was also concerned that all of the policies of the Metro Plan were not formally addressed during the Mid-Period Review. While staff feels that Mr. S'ilvermoon's concerns are valid, it is felt that they are not within the scope of the Periodic Review criteria and are therefore not appropriate to the Periodic Review process. Staff wi II be available at the planning commission meetings to respond to Mr. Silvermoo'l's comments. . c1gdmem3 0 . . ,. . . M E M 0 RAN DUM December II, 1985 To: Mayor and City Council From: Departments of Planning and Public Works Subject: Planning Commission Recommendation on Draft TransPlan On December 10, 1985, the Planning Commission recommended that you adopt TransPlan with the changes outlined in thi s memorandum. Included in your packet under separate cover is a memorandum which summarizes staff responses to issues raised at your December 4 public hearing; all of the written testimony submitted at your December 4 public hearing; a memorandum on the population projections; and a summary of the recommendations of Lane County and Springfield Planning Commissions and the Lane County Roads Advi sory Committee (the Eugene Planning Commission recommendations are also included i n th i s memo). INTRODUCTION 1. The Eugene Planning Commission recommends the addition of a preface (page 1): . The automobile will continue to be the primary form of transportation used in our city for some years. Because of concerns about the cost and availability of fuel and the negative impact of combustible fuels on air quality, public policy as presented in this document will continue to address improving opportunities for people to wa 1 k, bi ke, use public trans it or carpoo 1. To accomodate increases in street and highway traffic, emphasis was placed on improving the existing road system rather than on construction of new routes. Due to unforseen circumstances which include lack of funding, not all projects shown in the Plan will necessarily be built. 2. The Eugene Planning Commission recommends the addition of a sentence at the end of the first paragraph of the "Updating the Plan" section (page 1): Amendments to the Plan will be considered in accordance with procedures outlined in PCl of the Planning and Coordination section in the Goals, Objectives and Policies Element of the Plan. GOALS, OBJECTIVES AND POLICIES In the Land Use and Development Patterns section, the Eugene Planning Commission recommended changes to LU4 and LU5 (page 3). . , . . . 1. The Eugene Planning Commission recommends the following changes to LU4 (page 3): LU4. Develop an arterial street system which wi 11 attract through automobiles and trucks off local streets. 2. The Eugene Planning Commission recommends the addition of a new implementation strategy in LU5 (page 3). The other implementation strategies should remain intact but renumbered. LU5.a. provision of adequate arterial and collector streets; 3. The Eugene Planning Commission recommends the addition of a new policy (page 4) to the Planning and Coordination section: PC? Conduct a major update of TransPlan in conjunction with each major update of the Metropolitan Area General Plan, and provide for an annual review, endorsement and amendment process for TransPlan. The amendment and update process wi 11 provide opportunities for local governments, LTO and citizens to initiate amendments to the Plan. (See Appendix __ for amendment procedures). 4. The Eugene Planning Commission recommends the addition of a new policy: . pca. Prepare an Annual Report which summarizes transportation statistics . as they pertain to progress made in attaining the transportation goals of the Plan. 5. The Eugene Planning Commission recommends that a p roced u re for amending the Plan be included as an appendix to the Plan. Staff is studying and developing a recommended process which will be forwarded to you for eventual adoption. 6. The Eugene Planning Commission recommends that the Imp lementation policies should be reordered with Policy 113 being the first one (page 4 and 5). 7. The Eugene Planning Commission recommends the Funding section (page 5) be strengthened with language intended to highlight the need for additional revenue sources to fund th is Plan. Staff has drafted language for review of - the Planning Commission at its December 16 meeting; the approved language will be distributed to council on December 18. 8. The Eugene Planning Commission recommends that the Funding section policies be reordered so that F4 becomes F1 (pageS). 9. The Eugene Planning Commission recommends Pkl (page 5) be rewritten to include the words "when necessary" . The implementation strategies would remain intact. The recommended wording for Pkl is: . . 2 I . . Pkl. Limit parking on arterial streets when necessary for the safe and convenient movement of people and goods. 10. The Eugene Planning Commission recommends the following changes to policy Pk2 (page 5): Pk.2. Expand the percentage of parking spaces designed for compact automobiles. 11. The Eugene Planning Commission recommends changing Pk3 (page 5) to read as follows: Pk3. Investigate the possibility of changing the building and parking codes to promote alternative modes and transit usage by reducing the minimum number of parking spaces. 12. The Eugene Planning Commission recommended changes to the wording of policy Pk6 (page 6) and to implementation strategy lib" as follows: Pk6. Develop parking programs for congested, high-employment areas which promote transit and alternative modes. b. phasing in two-hour or less time limits for on-street parking. . 13. The Eugene Planning Commission recommends changing policy Pk8 (page 6) to make it clear that the policy is directed at public parking systems. The implementation strategies were not recommended for change. The revised policy is as follows: Pk8. Sa 1 ance the need for free or low cost short-term parking with transit and a ltenat i ve mode goals in establishing policies for publicly-owned parking in downtown areas. 14. The Eugene Planning Commission agreed with the Lahe Cou nty and Springfield planning commissions that policy AMJ and Imp.&ementation Strategy "b"should be modified (page 6) and suggested broadening the pol icy to include other than just the private sector: AM3. Provide incentives for businesses to subsidize transit fares for their employees, customers or occupants or provide incentives for the use of alternative modes. b. reducing parking requirements for employers that agree to subsidize employee transit fares or provide incentives for the use of alternative modes; 15. The Eugene Planning Commission recommends altering policy AM5 (page 6) in line with the Springfield and Lane Cou nty planning commission recommendation: .. 3 i . l .. AM5. Develop park and ride facilities within the metropolitan area and nearby communities with emphasis on using existing public parking lots and negotiating for the use of private parking lots. 16. The Eugene Planning Commission recommends adding a new policy to the Alternative Modes section (page 6) as suggested by Lane Transit District: AM8. Establish a permanent, central transit station in downtown Eugene that is located and designed to meet the needs of bus riders and to operate safely and efficiently. TRANSIT ELEMENT , . The Eugene Planning Commission recommends that staff develop additional wording to add to the introductory section of the Transit Element (page 19) to the effect that the transit goal will likely not be attained, that it is necessary to continually monitor ridership, and that a reevaluation of the goal in the next major update of the plan is appropriate. Staff will present draft language to that effect for the Planning Commission to review at its December 16 meeting, and it will be distributed to the Council on December 18. PARKING ELEMENT 1. The Eugene Planning Commission recommends the text of the fourth . paragraph of the Parki ng Element (page 24) have the following wording inserted to replace some of the existing wording: :1 ' II because of the di versi on of tri ps to other modes. However, as .. . delivery of servi ces changes in some businesses and as redevelopment occurs, the number of trips by auto could increase. Even if the community succeeds in attaining TransPlan's alternative mode goals, there is likely to be a need for new parking facilities in these areas. Refinement studies are appropriate to further define parking needs in areas such as these three. . APPENDIX B: SUGGESTIONS FOR ADDITIONAL STUDIES 1. The Eugene Planning Commission agreed with Springfield and Lane County Planning Commissions that the explanation of the Transit and Alternative Modes Study (page 31) be amp I ified to indicate it may lead to a recommendation to reconsider the transit and alternative mode assumptions used in TransPlan. plkmtp33 .: . 4