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