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HomeMy WebLinkAbout12/02/1991 Meeting (2) ---- e M I NUT E S Eugene City Council Council Chamber December 2, 1991 7:30 p.m. COUNCILORS PRESENT: Roger Rutan, Shawn Boles, Ruth Bascom, Debra Ehrman, Bobby Green, Randy MacDonald, Paul Nicholson. The regular meeting of December 2, 1991, of the Eugene City Council was called to order by His Honor Mayor Miller. I. PUBLIC FORUM Mayor Miller opened the public forum. There being no requests to speak, the public forum was closed. II. CONSENT CALENDAR A. Approval of City Council Meeting Minutes of September 16, 1991, e Dinner Work Session; September 23, 1991, Dinner Work Session; October 9, 1991, Lunch Work Session; October 14, 1991, Dinner Work Session; October 25, 1991, Goals Session; and November 6, 1991, Lunch Work Session B. Resolutions Calling for Public Hearings to Consider Proposed With- drawal of Recently Annexed Properties from Special District Res. No. 4294--A resolution calling a public hearing to con- sider proposed withdrawal of territory (Gaskin, EC EU 91-10) from the River Road Water District and River Road Park and Recreation District. Res. No. 4283--A resolution calling a public hearing to con- sider proposed withdrawal of territory (McGee/Brown, C EU 91-11) from the River Road Water District and River Road Park and Recrea- tion District. Res. No. 4284--A resolution calling a public hearing to con- sider proposed withdrawal of territory (Metcalf, EC EU 91-15) from the River Road Water District and River Road Park and Recrea- tion District. e MINUTES--Eugene City Council December 2, 1991 Page 1 . Res. No. 4285--A resolution calling a public hearing to con- sider proposed withdrawal of territory (Bertorelli/Tait C EU 91-20) from the River Road Water District and River Road Park and Recreation District. Res. No. 4286--A resolution calling a public hearing to con- sider proposed withdrawal of territory (Div- ers/Green C EU 91-21) from the River Road Water District and River Road Park and Recreation District. Res. No. 4287--A resolution calling a public hearing to con- sider proposed withdrawal of territory (Gates, EC EU 91-25) from the River Road Water District and River Road Park and Recreation District. Res. No. 4288--A resolution calling a public hearing to con- sider proposed withdrawal of territory (City of Eugene/Walnut Grove, C EU 91-12) from the River Road Water District, River Road Park and Recre- ation District, and Junction City Water Control District. Res. No. 4289--A resolution calling a public hearing to con- sider proposed withdrawal of territory (River e Road Church of Christ, EC EU 90-06) from the Junction City Water Control District. C. Resolution Establishing an Interagency Narcotics Enforcement Team (INET) Special Revenue Fund Res. No. 4290--A resolution establishing an Interagency Nar- cotics Enforcement Team Special Revenue Fund Mr. Rutan moved, seconded by Mr. Boles, to approve the items on the consent calendar. Referring to the minutes of October 25, 1991, Goals Session, Ms. Bascom cor- rected the first sentence under item I.B, that reads "Ms. Bascom said her primary focus will be on public safety issues." Roll call vote; the motion to approve the items on the consent calendar carried unanimously, 8:0. e MINUTES--Eugene City Council December 2, 1991 Page 2 e III. PUBLIC HEARING: ANNEXATION/ZONING REQUEST FOR PROPERTY LOCATED IN THE HIGHWAY 99 INDUSTRIAL CORRIDOR AREA, ON THE NORTHEAST CORNER OF HIGHWAY 99N AND ENID ROAD WEST (AZ 91-11, R & B EQUIPMENT COMPANY) City Manager Mike Gleason introduced the topic. Cathy Czerniak, Planning and Development Department, presented the staff report. She summarized the code criteria necessary for annexation and zone change. She said that this was the first annexation/zone change to be processed under the Annexation and Urban Services Policy Agreement between the Industrial Corridor Community Organization (ICCO) and the City. The property is located on the northwest corner of Highway 99N and Enid Road West. A ten-year delay of effective date and a ten-year tax differential have been requested. Ms. Czerniak said the Planning Commission held a public hearing on this request and recommended approval. Responding to a question from Mr. Boles, Ms. Czerniak said staff did not receive a response from the ICCO regarding this request. She said that if the Lane County Boundary Commission approves this request, annexation of the property would be effective ten years later. Upon the effective date of the annexation, the property will begin a ten year phase-in to the City of Eugene tax rate. Mayor Miller opened the public hearing. There being no requests to speak, the public hearing was closed. e Res. No. 4191--A resolution furthering annexation to the city of Eugene and Lane County Metropolitan Service District for property located on the northwest corner of Highway 99N and Enid Road West. A ten-year delay of effective date and a ten-year tax differential is requested. Withdrawal from Lane Rural Fire Protection District #1 and Junction City Water Control District will occur when the annexation becomes effective. Final Order AZ 91-11--A final order rezoning the property from County 12/UL to City 1-2. Mr. Rutan moved, seconded by Mr. Boles, to adopt the resolu- tion and final order. Roll call vote; the motion passed 6:2, with councilors Green, Ehrman, Rutan, Robinette, Bascom, and MacDonald voting in favor and councilors Boles and Nicholson vot i ng against. IV. PUBLIC HEARING: CITY OF EUGENE SUPPLEMENTAL BUDGET NO. 1 City Manager Mike Gleason introduced the topic. He said that Tony Mounts, Administrative Services Department (ASD), was present to answer questions. e MINUTES--Eugene City Council December 2, 1991 Page 3 e Mayor Miller opened the public hearing. There being no requests to speak, the public hearing was closed. CB 4343--An ordinance adopting a Supplemental Budget; making appropriations for the City of Eugene for the fiscal year beginning July 1, 1991, and ending June 30, 1992; and declaring an 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. Responding to a question from Ms. Bascom, Mr. Mounts said he would provide information about the FY91 Patron User Fee at the December 4 meeting. Mr. MacDonald asked staff for a follow-up report on the Amazon Channel clean- up project, particularly on the southern portion of the channel, and on how the clean-up project affects the west Eugene wetlands study. Roll call vote; the motion passed unanimously, 8:0. Council Bill 4343 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. Roll call vote; all council- e ors present voting aye, the bill was declared passed and be- came Ordinance 19811. V. RESOLUTION CONCERNING BALLOT MEASURE 5 FEE CLASSIFICATIONS City Manager Mike Gleason introduced the topic. David Biedermann, Adminis- trative Services Department (ASD), presented the staff report. He said the resolution would complete the final step in the implementation of Ballot Measure 5 regarding the classification of certain fees and charges of the City already existing. Res. No. 4292--A resolution classifying certain fees, charges, and bonded indebtedness of the City as exempt from or not subject to the limits of Article XI, Section lIb of the Oregon Constitution (Measure 5). Mr. Rutan moved, seconded by, Mr. Boles, to adopt the resolu- tion. Roll call vote; the motion was passed unanimously, 8:0. Mayor Miller adjourned the meeting of the the City Council and convened a meeting of the Urban Renewal Agency. e MINUTES--Eugene City Council December 2, 1991 Page 4 e VI. PUBLIC HEARING: URBAN RENEWAL AGENCY SUPPLEMENTAL BUDGET NO. 1 City Manager Mike Gleason introduced the topic. He said that staff was present to answer questions. Responding to a question from Mr. Nicholson, Abe Farkas, Planning and Devel- opment Director, said the fund adjustment for the Riverfront Capital Project Fund reflected State revenue awarded to the Urban Renewal Agency for capital improvements. Mr. Gleason said that a follow-up report will be provided to confirm this. Mr. Boles asked that the report include the City's portion of the construction costs to date. Ms. Bascom commended the success of the business that relocated from downtown to the Riverfront Research Park because of expansion needs. Mayor Miller opened the public hearing~ There being no requests to speak, the public hearing was closed. Res. No. 958---A resolution adopting a Supplemental Budget; making appropriations for the Urban Renewal Agency of the City of Eugene for the fiscal year beginning July 1, 1991, and ending June 30, 1992. Mr. Rutan moved, seconded by Mr. Boles, to adopt the resolu- tion. Roll call vote; the motion carried unanimously, 8:0. e VII. RESOLUTION CONCERNING BALLOT MEASURE 5 FEE CLASSIFICATIONS City Manager Mike Gleason introduced the topic and said that staff was present to answer questions. Res. No. 959---A resolution classifying certain fees, charges, and bonded indebtedness of the Urban Renewal Agency as exempt from or not subject to the limits of Article XI, Section lib of the Oregon Constitution (Measure 5). Mr. Rutan moved, seconded by Mr. Boles, to adopt the resolu- tion. Roll call vote; the motion carried unanimously, 8:0. Mayor Miller adjourned the meeting of the Urban Renewal Agency and reconvened the meeting of the City Council. Mr. MacDonald said the following item was related to the University of Oregon and that he has been involved in discussions at the policy level. He ab- stained from discussion on the item. e MINUTES--Eugene City Council December 2, 1991 Page 5 e VIII. PUBLIC HEARING: ORDINANCE CONCERNING AN ALLEY VACATION REQUEST (UNIVERSITY OF OREGON, AV 91-2) City Manager Mike Gleason introduced the topic. Jean Hahn, Planning and Development Department, presented the staff report. She said the alley vaca- tion has been requested by the University of Oregon (U of 0) to vacate the north-south alley between 15th and 17th avenues and Columbia and Moss streets. The U of 0 has requested the vacation in order to allow for the redesign and expansion of the Bean parking lot. She said the U of 0 has requested that the council reduce the assessment figure of $34,700, set by Public Works staff, for the area to be vacated. The $34,700 assessment fig- ure already represents a reduction for the retention of an easement within the area to be vacated. Sample motions were distributed to the council regarding scenarios for ap- proving a reduction of the assessment figure. The motions outlined the fol- lowing rationale for meriting a reduction in the assessment figure: 1) the alley has never been improved and, as such, the public has not incurred any cost to improve the alley; 2) the area to be vacated would continue to pro- vide public access to the interior of the block; 3) the vacation would assist the U of 0 in its efforts to respond to the City's request for additional parking in the campus area; and 4) since the vacation involves the transfer of ownership of property from one public agency to another, a reduced assess- ment would be appropriate. Ms. Hahn said staff reviewed past street and alley vacations within the last five years and found that assessment' figures e have varied greatly. She said staff recommends that the council determine the appropriate assessment figure and approve this request. She said that U of 0 staff was present to answer questions. Responding to a question from Mr. Nicholson, Ms. Hahn said that a revocable permit was granted to the U of 0 for work within the public right-of-way after the U of 0 submitted the alley vacation application. She explained that if the alley vacation request was denied, the U of 0 may be required to incur the expense of reversing all work performed under the revocable permit. She said she understood that the initial work did not prohibit public access to the alley. Mr. Nicholson expressed concern about the City's procedure to grant revocable permits before land use applications are approved by the council. Mr. Boles said he was not aware that council policy included a position that the transfer of property between one public agency to another merited a re- duced assessment. Mr. Gleason clarified that this was based on the council's past practice in vacation requests by public agencies. Ms. Bascom felt that the council had an opportunity in the case of this request to exhibit good faith with a public agency. Mayor Miller opened the public hearing. He asked those testifying to limit their comments to three minutes. e MINUTES--Eugene City Council December 2, 1991 Page 6 e Chris Ramey, U of 0, said he and U of 0 Housing Director Mike Eister were present to urge the council to approve the alley vacation request and to ask the council to reduce the assessed figure. He said the U of 0 has requested the reduction for two reasons: 1) the U of 0 believes that the vacation should be viewed as the transfer of land from one public agency to another; and 2) the U of 0 feels that the land has no value. He added that the U of 0 has maintained the alley since it purchased the surrounding properties. Martin Dale Montoya, 1757 East 17th Avenue, said he resides in the house adjacent to the alley. He said he was amazed to learn that the City has not been receiving part of the revenue from the U of O's parking fees. He said that when he attended the council meeting last month, he was angry about the construction that had begun before the alley vacation request was approved by the council. He said he did not object to the alley becoming U of 0 proper- ty, but urged the council to not allow the U of 0 to use the alley uncondi- tionally. He expressed concern about the noise level produced by traffic in the alley. He said he did not agree with the U of O's statement that the alley was minimally used. He questioned how the volume of traffic would be monitored. There being no other requests to speak on this item, the public hearing was closed. Responding to a question from Ms. Bascom, Mr. Ramey said the parking lot would be paved to meet City standards. Ms. Ehrman said that paving the alley would reduce the noise level. e Responding to a question from Mr. Boles, Mr. Ramey discussed the avenues through which Mr. Montoya could have addressed his concerns. Mr. Montoya said that he attended meetings pertaining to this request. Referring to Mr. Ramey's testimony about the property not having any value, Mr. Green asked for a report on the costs of maintaining and policing the property. Mr. Gleason said that if the request is approved, the U of 0 would be responsible for maintaining the property. CB 4344--An ordinance vacating the north-south alley between 15th and 17th avenues and Columbia and Moss streets. 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. The motion passed unanimously, 8:0. Council Bill 4344 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. Mr. Boles asked if a buffer could be installed that would resolve Mr. Montoya's concerns about the traffic volume in the alley. Mr. Ramey said the e MINUTES--Eugene City Council December 2, 1991 Page 7 e U of 0 anticipates peak traffic loads to occur mostly during track meets and basketball games. He said that temporary barricades could be installed dur- ing all other times except peak demand times. He said the U of 0 hopes to eventually establish a long-term parking lot on the southern end. Roll call vote; the motion carried unanimously, 8:0. Mr. Rutan moved, seconded by Mr. Boles, that the council set the assessment figure for the University of Oregon alley vaca- tion request at 25 percent of the total assessment figure of $34,700. Mr. Rutan said the City has benefited from approving this request. He felt that a reduction in the assessment was warranted because the U of 0 has im- proved and maintained the alley. Mr. Boles said the City does not maintain gravel alleys. Roll call vote; the motion failed 4:3, with councilors Nicholson, Green, Boles, and Ehrman voting against and coun- cilors Rutan, Robinette, and Bascom voting in favor. Mr. Rutan moved, seconded by Mr. Boles, that the council set the assessment figure for the U of 0 alley vacation request at 50 percent of the total assessment figure of $34,700. Roll call vote; the motion passed 4:3, with councilors Rutan, Boles, Bascom, and Robinette voting in favor and councilors e Nicholson, Ehrman, and Green voting against, and became Ordi- nance No. 19812. IX. PUBLIC HEARING: SECOND READING OF ORDINANCE REGARDING BURLINGTON NORTHERN FRANCHISE City Manager Mike Gleason introduced the topic and said that staff was present to answer questions. Mayor Miller opened the public hearing. There being no requests to speak on this item, the public hearing was closed. CB 4331--An ordinance granting to the Burlington Northern Railroad Company, a Delaware corporation, its succes- sors and assigns, the franchise to maintain its rail- way tracks over certain streets in the city of Eu- gene, and to operate trains and cars thereover, and to transport passengers, freight, mail, baggage, and express thereon, and to maintain its present poles and wires over certain streets in the city of Eugene, Oregon. e MINUTES--Eugene City Council December 2, 1991 Page 8 - e Mr. Rutan moved, seconded by Mr. Boles, that the bill be ap- proved and given final passage. Roll call vote; the motion carried unanimously, 8:0, and became Ordinance No. 19813. x. PUBLIC HEARING ON HOME WOOD HEATING ORDINANCE City Manager Mike Gleason introduced the topic. Glen Potter, Administrative Services Department (ASD), presented the staff report. In November 1990, the council adopted an ordinance restricting the use of home wood heating devices during periods of high air pollution. The ordinance provided for a report on its effectiveness after one year. Mr. Potter noted that this report was included in the agenda packet. He said the ordinance was similar to ordi- nances adopted by Springfield and Lane County, except that it did not provide an exemption for the use of pellet stoves during periods of high air pollu- tion. He said that Councilor Rutan requested that this type of exemption be considered for Eugene. Mayor Miller opened the public hearing. Ron Crasilneck, representing National Steelcrafters of Oregon, the Craft Stove Center in Eugene, and the Solid Fuel Heating Industry, testified in support of the amendment. He said the exemption would make enforcement easi- er for the Lane Regional Air Pollution Authority (LRAPA) and would recognize that pellet stoves can be burned without significantly adding to the emis- sions inventory in the airshed. He said the exemption would also encourage e people to replace old stoves with newer, cleaner-burning appliances. He hoped that certified wood stoves would also be exempted in the future. Mayor Miller closed the public hearing. CB 4345--An ordinance concerning the use of solid fuel space heating devices during air pollution episodes; amend- ing Sections 6.250, 6.255, and 6.990 of the Eugene Code, 1971; adding a new Section 6.992 to that code; repealing Section 6.270 of that code; and declaring an 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. Responding to a question from Ms. Ehrman, Don Arkell, LRAPA, said there would be no practical differences in enforcing this ordinance, and that LRAPA does not anticipate problems if this ordinance were approved. Responding to a question from Mr. Boles, Mr. Potter said the ordinance does not stipulate a specific standard of allowable emissions, but requires that pellet stoves not emit visible emissions during stage two of the wood burning advisory. Mr. Boles asked if it would be possible to modify the ordinance to e MINUTES--Eugene City Council December 2, 1991 Page 9 e stipulate a specific standard. He said this would encourage people to con- vert to cleaner-burning appliances. Mr. Arkell said that pellet stoves do not contribute significantly to the airshed. He said pellet stoves emit more than gas stoves and a little more than oil stoves. Ms. Ehrman said she did not support any additional emissions during stage two of the wood burning advisory. Responding to a question from Mr. Boles, Mr. Crasilneck explained that pellet stoves are a generic type of stove and are tested under various conditions. He said that pellet stoves have been shown to not burn over two grams an hour. He explained that pellet stoves do not fall under certification rules because of their air-to-fuel ratios. Roll call vote; the motion passed unanimously, 8:0. Council Bill 4345 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. Mr. MacDonald recommended that the council revisit this ordinance if it ap- peared to be problematic in the future. He said that Mr. Arkell has indicat- ed that the community has reduced its burning in recent years. Ms. Bascom asked staff for a follow-up report after one year. Roll call vote; the motion passed 7:1, with Councilor Ehrman e voting against, and became Ordinance No. 19814. XI. ORDINANCE CONCERNING MEMBERSHIP ON LANE REGIONAL AIR POLLUTION AUTHORITY BOARD OF DIRECTORS City Manager Mike Gleason introduced the topic. He said that staff was present to answer questions. CB 4346--An ordinance concerning membership on the Lane Re- gional Air Pollution Authority; amending Section 2.013 of the Eugene Code, 1971; and declaring an 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. Roll call vote; the motion carried unanimously, 8:0. Council Bill 4346 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. Roll call vote, the motion passed unanimously, 8:0, and became Ordinance No. 19815. e MINUTES--Eugene City Council December 2, 1991 Page 10 e XII. RESOLUTION ESTABLISHING EIGHTS WARDS FOR PURPOSES OF CITY ELECTIONS City Manager Mike Gleason introduced the topic. Jim Croteau, Planning and Development Department, said the council held a work session on this item earlier this evening. He said the resolution was generic and required that the council specify either Alternative One or Two. He said that if the coun- cil requested, a revised alternative could be presented at the December 4 meeting. Res. No. 4293--A resolution establishing eight wards in the city for purposes of City elections, and re- pealing Resolution 3613. Mr. Rutan moved, seconded by Mr. Boles, to adopt the resolu- tion, specifying Alternative 2 as provided by staff. Ms. Bascom supported reviewing a revised Alternative One at the December 4 meeting. Mr. MacDonald expressed concern about Alternative Two potentially being perceived as political gerrymandering by the public. Mayor Miller concurred. He supported using natural boundaries. Mr. Robinette concurred. Mr. Nicholson expressed positive comments about the diversity in his ward. Ms. Ehrman and Mr. Green said they did not have a strong preference for ei- ther alternative. Mr. Boles did not feel that Alternative Two represented political gerrymandering. e Roll call vote, the motion passed 6:2, with councilors Rutan and Robinette voting against. XIII. APPROVAL OF FINDINGS AND RECOMMENDATIONS OF HEARING OFFICIAL AND PASSAGE OF ORDINANCE LEVYING ASSESSMENTS FOR IMPROVEMENTS ON HARLOW ROAD FROM GARDEN WAY TO INTERSTATE 5 (CONTRACT 91-13) City Manager Mike Gleason introduced the item. He said that staff was present to answer questions. Mr. Rutan moved, seconded by Mr. Boles, to approve the Hear- ings Official's findings and recommendations of November 12, 1991. Roll call vote; the motion passed 6:2, with councilors Nicholson and MacDonald voting against. CB 4347--An ordinance levying assessments for paving, curb, gutters, sidewalks, and a traffic signal on Harlow Road from Garden Way to Interstate 5; and declaring an emergency (Contract 91-13). e MINUTES--Eugene City Council December 2, 1991 Page 11 I e 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 passed unanimously, 8:0. Council Bill 4347 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. Roll call vote; the motion carried 6:2, with councilors MacDonald and Nicholson voting against, and became Ordinance No. 19816. XIV. APPOINTMENTS: CONSIDERATION OF MAYOR MILLER'S NOMINATIONS TO THE AIRPORT COMMISSION, CITIZEN INVOLVEMENT COMMITTEE, COMMUNITY DEVELOP- MENT COMMITTEE, CONSTRUCTION CODE BOARD OF APPEALS, EUGENE CULTURAL AFFAIRS COMMISSION, HISTORIC REVIEW BOARD, HOUSING REHABILITATION LOAN REVIEW COMMITTEE, LIBRARY BOARD OF TRUSTEES, LOAN ADVISORY COMMITTEE, RIVERFRONT RESEARCH PARK, SOLID WASTE AND RECYCLING BOARD, SOUTHERN WILLAMETTE PRIVATE INDUSTRY COUNCIL, AND TREE COMMISSION Mr. Rutan moved, seconded by Mr. Boles, to appoint the Mayor's nominations to various City boards and commissions as outlined in the attachments. e Ms. Bascom asked staff to distribute letters of rejection or appointment to applicants as soon as possible. Roll call vote; the motion passed unanimously, 8:0. XV. NOTIFICATION OF MAYOR'S APPOINTMENTS TO THE BICYCLE COMMITTEE, PUBLIC SAFETY ADVISORY COMMITTEE, AND THE SISTER CITY COMMISSION Mayor Miller notified the council of his appointments. XVI. RICHARDSON BRIDGE CONDEMNATION City Manager Mike Gleason introduced the item. He said staff was present to answer questions. CB 4348--An ordinance authorizing the institution of proceed- ings in eminent domain for the acquisition by condem- nation of certain interests in real property to allow construction of low-income housing; and other public uses and declaring an emergency. Mr. Rutan moved, seconded by Mr. Boles, that the bill, with unanimous consent of the council, be read the second time by e MINUTES--Eugene City Council December 2, 1991 Page 12 e council bill number only, and that enactment be considered at this time. Roll call vote; the motion passed unanimously, 8:0. Council Bill 4348 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. Roll call vote; the motion carried unanimously, 8:0, and became Ordinance No. 19817. The meeting adjourned at 9:15 p.m. (Recorded by David Straub) mncc 120291-730 e e MINUTES--Eugene City Council December 2, 1991 Page 13