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HomeMy WebLinkAbout08/05/1991 Meeting (2) . e M I NUT E S Eugene City Council Council Chamber--Eugene City Hall August 5, 1991 7:30 p.m. COUNCILORS PRESENT: Roger Rutan, Shawn Boles, Ruth Bascom, Bobby Green, Paul Nicholson, Kaye Robinette, Randy MacDonald, Debra Ehrman. The regular meeting of August 5, 1991, of the Eugene City Council was called to order by His Honor Mayor Jeff Miller. Mayor Mi1le~'askedthose testifying at the public hearings to limit their comments to three minutes to ensure that everyone has the opportunity to - speak. I. PUBLIC FORUM Mayor Miller questioned whether persons should be allowed to give testimony on the Alton Baker Golf Course proposal, noting that it would violate the e council's groundrule of hearing issues that are on an agenda within 30 days. The council agreed to hear testimony on this issue, but noted that it has no authority to take action on the golf course Request for Proposal (RFP) be- cause Alton Baker Park is under the jurisdiction of Lane County. Wilson Maynard, 2817 Lydick Way, offered testimony in opposition to the Alton Baker Park golf course RFP. He voiced concern that the golf course should not be built over a landfill and said that he knows of a golf course in Grand Island, Nebraska, which has had many problems because of its location over a landfi 11 . Cassandra Minaberri, 2261 Augusta Street, testified as a member of Alton Baker for All of Us in opposition to the golf course proposal, noting that it violates Criteria 2, 3, and 4, of the Alton Baker Park Masterplan. She said that the Eugene City Council should play an important part in the decision process because it has endorsed the masterplan and provided the council with a petition signed by over 1,800 citizens who oppose the proposal. She urged the City Council: 1) to pass a resolution that would request the Lane County Board of Commissioners to stop the RFP process and explore other options for the park area; and 2) to officially inform the County that the council does not support the proposal. Everett 'Brown, 1263 Main Street, Springfield, testified against the golf course proposal. He voiced concern that constructing a golf course on the area would preclude the opportunity for citizens to use the bike paths along e MINUTES--Eugene City Council August 5, 1991 Page 1 the river. In addition, he noted that Alton Baker~ark is to be used by the - entire community and stated that golf is a sport primarily for the wealthy. II. CONSENT CALENDAR A. Approval of City Council Minutes of May 6, 1991, Joint Meeting; June 5, 1991, Process Session; June 10, 1991, Dinner Work Session; and June 10, 1991, Meeting B. Approval of Findings and Recommendations of Hearings Official and Adoption of Resolution Forming a local Improvement District for Sanitary Sewers on Shirley Street from Irving Road to Approximate- ly 850 Feet North (Job No. 2761) (Job No. 2693) Res. No. 4265--A resolution forming a local improvement dis- trict for sanitary sewers on Shirley Street from Irving Road to approximately 850 feet north. C. Call for Public Hearing: Initiation of Street Vacation (City of Eugene: Richardson Bridge Housing) (SV 91-1) D. Approval of Minutes, Findings, and Recommendations of Hearings Official and Adoption of Resolution Forming a Local Improvement District for Paving on the East One Half of Woodside Drive from e Cal Young Road to 300 Feet South (Job No. 2712) Res. No. 4266--A resolution forming a local improvement dis- trict for paving on the east one half of Woodside Drive from Cal Young Road to 300 feet south. Mr. Rutan moved, seconded by Mr. Boles, to approve the items on the City Council Consent Calendar. Roll call vote; the motion carried unanimously, 8:0. III. PUBLIC HEARING: ANNEXATION/REZONING REQUEST FOR PROPERTY GENERALLY LOCATED IN THE RIVER ROAD AREA, ON THE WEST SIDE OF lAKE DRIVE BETWEEN AUDEl AVENUE AND HORN LANE (AZ 91-8) City Manager Mike Gleason introduced the topic. Carol Heinkel, Planning and Development Department, summarized the code criteria necessary for annexation and zone change. This is a property owner-initiated request involving a one-half acre parcel in the River Road area. If the annexation request is approved, the property owners plan to build a single-family home on the va- cant parcel. The Planning Commission held a publiC hearing on the request and recommended approval and rezoning to R-l. - MINUTES--Eugene City Council August 5, 1991 Page 2 . 'Mayor Miller opened the public hearing. There being no requests to speak, the public hearing was closed. Res. No. 4267--A resolution furthering annexation to the city of Eugene and the Lane County Metropolitan Service District for property located in the River Road area, on the west side of Lake Drive between Audel Avenue and Horn Lane. (Withdraw- al from River Road Park and Recreation District and River Road Water District will be processed separately if the annexation is approved.) final Order AZ 91-8--A final order rezoning the property from County RA/UL to City R-l. Mr. Rutan moved, seconded by Mr. Boles, to adopt the resolu- tion and final order. Roll call vote; the motion carried unanimously, 8:0. IV. PUBLIC HEARING: CONSIDERATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR SHELTON-MCMURPHEY HOUSE City Manager Mike Gleason introduced the topic. Mary Winston, PAReS Depart- ment, gave the staff report. She stated that since the City took possession of the Shelton-McMurphey House last November, staff has been working to make e the building accessible. With the combined efforts of persons with disabili- ties and those interested in historic preservation, consensus was reached on a proposal for constructing a ramp on the north side of the building and renovating the interior of the building to enhance its accessibility. Responding to a question from Mr. Boles, Linda Dawson, Planning and Develop- ment Department, said that the council is being asked to formally approve the expenditure of $30,000 in CDBG funds earmarked last year for this project. Mayor Miller opened the public hearing. Alicia Hayes, 840 Randall Street, identified herself as a member of the task team that was involved in finding a solution to the Shelton-McMurphey acces- sibility project. She highlighted the cooperative efforts of the team, said that this is a workable plan, and urged the council to approve funding for it. There being no additional requests to speak, the public hearing was closed. Mr. Rutan moved, seconded by Mr. Boles, to approve the use of - $30,000 in Federal Community Development Block Grant funds to install a ramp and related accessibility improvements at the Shelton-McMurphey house, 303 Willamette Street. e MINUTES--Eugene City Council August 5, 1991 Page 3 Ms. Ehrman pointed out that at one time this was a controversial issue and e said that it is nice to see those involved working cooperatively to find a solution. Mr. MacDonald offered his appreciation for the work that has been done on this project and suggested that the council hold a meeting at the Shelton- McMurphey house after it has been opened. Roll call vote; the motion carried unanimously, 8:0. V. PUBLIC HEARING AND ADOPTION OF CODE AMENDMENT TO THE ORDINANCE CONCERNING DOGS AT LARGE City Manager Mike Gleason introduced the topic. Doug Post, PARCS Department, gave the staff presentation. He said that the code amendment before the council would give the City Manager or his designee the authority to estab- lish a dog-off-leash program and the authority to designate appropriate City properties for this proposal. He noted that staff has received numerous requests from the public to establish a dog-off-leash area in the city. He noted that the cities of Corvallis a~d Salem have implemented similar pro- grams and have had relatively few problems, thus far. Under the proposal, the following three areas would be designated initially for dog-off-leash areas: 1) Wayne Morris Ranch, east pasture; 2) an undeveloped parcel by Gilha~ School in the Willakenzie area; and 3) Candelight Park in the Bethel Area. Mr. Post stated that the Joint Parks Committee has endorsed this con- cept, if all of the details can be worked out.to successfully implement this e program. Mr. MacDonald inquired about the definition of a "potentially dangerous dog." In response, Mr. Post said that he believes that potentially dangerous dogs are designated by the Animal Control Agency. Any dog who has been determined to be dangerous would be excluded from the dog-off-leash program. He added that the dog owner would have the primary responsibility for maintaining control of the animal at all times. Mr. Green asked if the dogs using the area would be required to have any visual identification that they were under voice control. Mr. Post said that there would be no visible identification to show that a dog was under voice control. The City would have rules and regulations for use of the areas at each site. Responding to a question from Mr. Nicholson, Mr. Post said that under the conditions of the ordinance, the City Manager has the authority to designate other sites as dog-off-leash areas, after the pilot program has been moni- tored and evaluated over a several month period. If the program is success- ful, the criteria used to identify these sites could be used for additional sites. However, because of the stringent nature of the criteria, there are few City parcels left that would be suitable for dog-off-leash areas. If the program is successful, there may be some County parcels that might fit the criteria for dog-off-leash area. e MINUTES--Eugene City Council August 5, 1991 Page 4 . . e Mr. Nicholson commented that the exclusion of potentially dangerous dogs. from these areas is not practical because Animal Control officers would have.a difficult time distinguishing potentially dangerous dogs from other.dogs"by sight. Mr. Gleason said that potentially dangerous dogs are supposeij to have an identification collar and tag and noted that the number of potentially dangerous dogs that are catalogued is small. Mr. Boles expressed his appreciation for the speed with which this issue was dealt. Responding to a question from Mr~ Boles, Mr. Post said that all dogs are required to be licensed. Mr. Boles asked whether the ordinance deals with waste materials left by the dogs. In response, Hr. Gleason said that regardless of the leash policy, it ;s unlawful under the code for an owner to allow any dog, except seeing eye dogs, to deposit solid waste matter on any improved property except that of the dog owner. This would be spelled out in the park rules. Mayor Miller opened the public hearing. Cathy lacki, 4830 Garnet Street, identified herself as an Animal Welfare Officer, and offered her support fo~ the dog-off-leash proposal. She said that similar, programs have worked in other areas:because responsible dog owners use the parks. She urged the council to approve this plan. Mike Campbell, 3970 West 1st Avenue, spoke as an Animal Regulation Manager for lane County, in favor of the proposal. He emphasized that dogs which e have been identified as potentially dangerous must be restricted from these parks and all dogs which use the park must be licensed. In addition, the City should consider fencing the parks and requiring that all dogs that use the park be neutered. Susan Jerde, 2081 Monroe Street, spoke in favor of the proposal. She sup- . ported Hr. Campbell's suggestion for requirinq dogs who use the park to be neutered. She said that she is a responsible dog owner and would use the park in a responsible manner. She asked that another area in west Eugene be designated for a dog-off-leash area and suggested either an area east of Albertson's or an area south of the Fairgrounds. There being no additional requests to speak, the hearing was closed. CB 4323--An ordinance concerning dogs at large; amending Sec- tions 4.330 and 4.425 of the Eugene Code, 1971; and declaring and emergency Mr. Rutan moved, seconded by Mr. Boles, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. e MINUTES--Eugene City Council August 5, 1991 Page 5 Responding to a question from Ms. Bascom, Mr. Campbell said that there are e almost 10,000 licensed dogs in the City; approximately 73 percent of those , are steril i zed. Mr. Green offered his support for the proposal and suggested that the council explore some means of revenue generation in conjunction with this program. Mr. Nicholson concurred with Mr. Green's support for the proposal. Ms. Ehrman said that she supports implementation of this program on a trial basis. If the program is successful, the council may be able to explore possible revenues. Mr. MacDonald echoed Mr. Boles commendation for the speed with which this request was processed. He noted that he has received letters from property owners near the Wayne Morris ranch who support the proposal. He also said that the City's willingness and ability to provide flexible responses to community d~mands makes the community more liveable. Mr. Boles noted that this is an experimental proposal. If it is approved, the council should look next year at possible mechanisms for generating reve- nue associated with fencing and the possibility of restricting the park to only spayed and neutered animals. Roll call vote; the motion carried unanimously, 8:0. e Council Bill 4323 was read the second time by number only. Mr. Rutan moved, seconded by Mr. Boles, that the bill be ap- proved and given final passage. All councilors present voting aye, the bill was declared passed (and became Ordinan.ce 19792). VI. APPOINTMENTS: CONSIDERATION OF MAYOR MILLER'S NOMINATIONS TO THE HUMAN RIGHTS COMMISSION AND THE HUMAN RIGHTS COMMISSION'S NOMINATIONS TO THE COMMITTEE ON ACCESSIBILITY, THE COMMITTEE ON DISCRIMINATION AND HARASSMENT, AND THE COMMITTEE ON EDUCATION AND OUTREACH City Manager Mike Gleason introduced the topic and said that Greg Rikhoff, Intergovernmental Relations Division, was available to answer questions. Mr. Rutan moved, seconded by Mr. Boles, to appoint the Mayor's nominations to the Human Rights Commission and the Human Rights Commission's nominations to the committees on Accessi- bility, Discrimination and Harassment, and Education and Out- reach. Mr. MacDonald thanked the Mayor for acting on the recommendation of the com- mittee to appoint Rico Perez to the committee, noting that Mr. Perez has been very active in the community's Martin Luther King celebration. e MINUTES--Eugene City Council August 5, 1991 Page 6 e Roll call vote; the motion carried unanimously, 8:0. VII. ANNUAL BOARDS AND COMMISSIONS REVIEW AND RECRUITMENT City Manager Mike Gleason introduced the topic. Darcy Marentette, City Man- ager's Office, gave the staff presentation. She said that in its annual boards and commissions review, the council is being asked to approve the following changes: 1) Creation of a Housing Rehabilitation loan Review Committee 2) Change in the composition and operations of the Construction Code Board of Appeals (CCBA) 3) Change the name of the Joint Parks Committee 4) Modifications to the balloting/interview process 5) Changes to the optional information section of the Boards and Commissions application form 6) Approve several housekeeping changes to the code 7) Development and review of annual work plans Mr. Green said that he supports the'Joint Parks Committee's request for a name'change, but asked what would happen to the cultural identity associated with the parks. In response, Ms. Marentette said that the Cultural Affairs Commission would continue to assume responsibility for the cultural aspect. e Regarding the change in CCBA composition, Mr. MacDonald said that he is con- cerned with the access of people with disabilities to public buildings and asked whether it might be appropriate to consider appointing a consultant with expertise on disabilities issues to serve as a member on CCBA. In re- sponse, Mr. Boles said that he originally supported a lay citizen appointment to the board, but explained that the nature of the issues that CCBA is in- volved in are highly technical. A lay citizen would not be very effective on the committee. Ms. Marentette added that there are at-large positions on the Building Construction Advisory Committee (BCAC). Ms. Bascom asked that the council consider retaining the optional sin- gle/married/number of children criteria. She said that this information is often useful and helps the City in its efforts to seek a diverse pool of applicants. Ms. Marentette said that it was staff's recommendation to delete this category because asking the question implies that there is some weight given to the category and might influence who is ultimately appointed. Mr. Rutan moved, seconded by Mr. Boles, to approve the re- cruitment schedule and changes to board and commission struc- ture and work planning proposed by council officers in a July 31, 1991, memo. e MINUTES--Eugene City Council August 5, 1991 Page 7 Ms. Bascom moved, seconded by Ms. Ehrman, to amend the motion 1 e by retaining the category single/married/number of children in the optional category. Mr. MacDonald asked that the term "married/partnership" be included in the category to aCknowledge the variety of relationships which exist in the com- munity. Mayor Mi 11 er vo iced concerflthat add; ngthe term mi ght be used as a source of bias against a person with an alternative lifestyle. Ms. Bascom said that in order to eliminate any opportunity for such bias, this would not be included in her motion. Roll call vote; the amendment carried 6:2, with councilors Boles and Nicholson voting opposed. Roll call vote; the motion carried unanimously, 8:0. CB 4324--An ordinance concerning City boards, commissions, And committees; amendi.ng Sections 2.013, 2.249, and 8.005 of the Eugene Code,. 1971; adding Section 2.215 to that code; repealing ordinances and re~olutions in conflict; providing an effective date; and declaring an emergency. Mr. Rutan moved, seconded by Mr. Boles, that the bill, with e unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 8:0. Council Bill 4324 was read the second time by number only. Mr. Rutan moved, seconded by Mr. Boles, that the bill be ap- proved and given final passage. All councilors present voting aye, the bill was declared passed (and became Ordinance 19793). VII I. APPROVAL OF FINDINGS AND RECOMMENDATIONS OF HEARINGS OFFICIAL AND PASSAGE OF ORDINANCE lEVYING ASSESSMENTS FOR PAVING AND SANITARY AND STORM SEWER ON GOODPASTURE LAKES LOOP ROAD FROM 1,100 FEET NORTH OF GOODPASTURE ISLAND ROAD TO GOODPASTURE ISLAND ROAD (CONTRACT NO. 90-24) City Manager Mike Gleason introduced the topic and said that Les lyle, Public Works Department, was available to answer questions. Mr. Green asked that Mr. Lyle be scheduled early on the agenda whenever pos- sible. Mr. Rutan concurred. e MINUTES--Eugene City Council August 5, 1991 Page 8 Mr. Rutan moved, seconded by Mr. Boles, to approve the Hear- e ings Official's findings and recommendations of July 24, 1991 (Contract No. 90-24). Roll call vote; the motion carried unanimously, 8:0. CB 4325--An ordinance levying assessments for paving and sani- tary and storm sewer on Goodpasture lakes Loop Road from 1,100 feet north of Goodpasture Island Road to Goodpasture Island Road; and declaring an emergency (Contract No. 90-24). Mr. Rutan moved, seconded by Mr. Boles, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 8:0. Council Bill 4325 was read the second time by number only. Mr. Rutan moved, seconded by Mr. Boles, that the bill be ap- proved and given final passage. All councilors present voting aye, the bill was declared passed (and became Ordinance 19794). e The meeting adjourned at 8:45 p.m. (Recorded by Traci Northman) mncc 080591-730 e MINUTES--Eugene City Council August 5, 1991 Page 9