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HomeMy WebLinkAbout03/02/1992 Meeting (2) e e e M I NUT E S Eugene City Council Council Chamber--City Hall March 2, 1992 7:30 p.m. COUNCILORS PRESENT: Shawn Boles, Bobby Green, Ruth Bascom, Debra Ehrman, Paul Nicholson, Kaye Robinette. COUNCILORS ABSENT: Randy MacDonald, Roger Rutan. The regular meeting of March 2, 1992, of the Eugene City Council was called to order by His Honor Mayor Miller. Mayor Miller asked those testifying during the public hearings to limit their comments to three minutes to ensure that everyone has the opportunity to speak. I. PUBLIC FORUM Dave Sweet, 1273-1/2 Ferry Street, said he hoped the council had received a packet of information regarding downtown mall restrictions imposed on musi- cians. He said musicians who regularly played on the downtown mall have been driven out and noted that he has filed a lawsuit in US District Court over the restrictions. He asked that the council reevaluate the restrictions in the context of the rights guaranteed under the US Constitution and adopt an ordinance in the near future allowing musicians to play non-amplified music on the downtown mall. He said he would be willing to drop his lawsuit if the council adopted this kind of policy for the City. Ms. Bascom asked staff for a follow-up report on Mr. Sweet's request. II. CONSENT CALENDAR A. Approval of City Council Minutes of November 13, 1991, Lunch Work Session; December 2, 1991, Meeting; January 6, 1992, Meeting; and January 27, 1992, Meeting B. Approval of Minutes, Findings, and Recommendations of Hearings Official and Adoption of Resolution Forming a Local Improvement District for Sanitary Sewers to Serve Hilyard Street Between 21st Avenue and 22nd Avenue (Job #2621) MINUTES--Eugene City Council March 2, 1992 Page 1 ~ Res. No. 4307--A resolution forming a local improvement dis- trict for sanitary sewers to serve Hilyard Street between 21st and 22nd Avenue. C. Call for Public Hearing: Initiation of Street Vacation Requests (City of Eugene: Pleasant Highway) (SV 92-1) and (City of Eugene: Green Acres Road) (SV 92-2) D. Segregation Orders: Approval to segregate Map/Tax Lot 17-04-21-2 0--03100 for Royalwood Properties and Map/Tax Lot 17-04-24-3 2--03600 for Jane Williams E. Approval of Minutes, Findings, and Recommendations of the Hearings Official and Adoption of Resolution Forming a Local Improvement District for Existing Sanitary Sewers in the Santa Clara Area Res. No. 4308--A resolution forming a local improvement district for existing sanitary sewers in the Santa Clara area. Mr. Boles moved, seconded by Mr. Green, to approve the items on the City Council consent calendar. Roll call vote; the motion passed unanimously, 6:0. e III. PUBLIC HEARING: SUPPLEMENTAL BUDGET 2 City Manager Mike Gleason introduced the topic. Administrative Services Director Warren Wong presented the staff report and said this was a new pro- cedure for adopting supplemental budgets. Mayor Miller opened the public hearing. There being no requests to speak, the public hearing was closed. CB 4360--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. Boles moved, seconded by Mr. Green, 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, 6:0. Council Bill 4360 was read the second time by number only. Mr. Boles moved, seconded by Mr. Green, that the bill be ap- proved and given final passage. Roll call vote; all counc;l- e MINUTES--Eugene City Council March 2, 1992 Page 2 e e - ors present voting aye, the bill was declared passed and be- came Ordinance 19828. IV. APPROVAL OF MINUTES, FINDINGS, and RECOMMENDATIONS OF HEARINGS OFFICIAL AND PASSAGE OF AN ORDINANCE FOR SANITARY SEWERS IN THE RIVER ROAD BASINS "0," "E," AND "F," AND DECLARING AN EMERGENCY (CONTRACT 91-1003) City Manager Mike Gleason introduced the topic. Les Lyle, Public Works Engi- neering Division, presented the staff report. This assessment involves 1,255 properties in the River Road area, and construction is in its second year. An information session was held regarding the pending assessments, and a public hearing was held February 11, at which issues raised in testimony from eight property owners and other written testimony were discussed. Responding to a question from Ms. Ehrman, Mr. Lyle said most of the property owners will sign up for a ten-year assessment bond to pay for their share of the levied assessments. Mr. Boles moved, seconded by Mr. Green, to approve all Hear- ings Official minutes, findings, and recommendations of Febru- ary 11, 1992. Roll call vote; the motion passed unanimously, 6:0. CB 4361--An ordinance levying assessments for sanitary sewers in the River Road area for Basins "0," E," and "F"; and declaring an emergency. Mr. Boles moved, seconded by Mr. Green, 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, 6:0. Council Bill 4361 was read the second time by number only. Mr. Boles moved, seconded by Mr. proved and given final passage. ors present voting' aye, the bill came Ordinance 19829. Green, that the bill be ap- Roll call vote; all council- was declared passed and be- V. APPROVAL OF MINUTES, FINDINGS, AND RECOMMENDATIONS OF HEARINGS OFFICIAL AND PASSAGE OF ORDINANCE FOR SANITARY SEWERS IN THE SANTA CLARA AREA; AND DECLARING AN EMERGENCY (CONTRACT 91-1004) City Manager Mike Gleason introduced the topic. Les Lyle, Public Works Engi- neering Division, presented the staff report. This assessment is for the existing sewers in the Santa Clara area, north of Beltline Road. An informa- tion session and a public hearing were previously held on the proposed as- MINUTES--Eugene City Council March 2, 1992 Page 3 e sessments at which staff responded to oral testimony from eight property owners and other written testimony submitted regarding this assessment. Responding to a question from Ms. Bascom, Mr. Lyle said the Hearings Official reviewed the hardship cases involving minor partition issues and concluded that those properties which had already gone through the preliminary stages of the partitioning process were, in effect, partitioned. He said minor partition issues will be addressed more specifically in the next series of basins that will be constructed this summer. Ms. Bascom expressed apprecia- tion for staff's efforts on the hardship cases. Mr. Boles moved, seconded by Mr. Green, to approve all Hear- ings Official minutes, findings, and recommendations of Febru- ary 12, 1992. Roll call vote; the motion passed unanimously, 6:0. CB 4362--An ordinance levying assessments for existing sani- tary sewers in the Santa Clara area; and declaring an emergency. Mr. Boles moved, seconded by Mr. Green, 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, 6:0. 4It Council Bill 4362 was read the second time by number only. e Mr. Boles moved, seconded by Mr. proved and given final passage. ors present voting aye, the bill came Ordinance No. 19831. Green, that the bill be ap- Roll call vote; all council- was declared passed and be- VI. APPROVAL OF FINDINGS AND RECOMMENDATIONS OF HEARINGS OFFICIAL AND PASSAGE OF ORDINANCE LEVYING ASSESSMENTS FOR SANITARY SEWERS IN SHIRLEY STREET FROM IRVING ROAD NORTH APPROXIMATELY 850 FEET; AND DECLARING AN EMERGENCY (CONTRACT 91-25) City Manger Mike Gleason introduced the topic. Les Lyle, Public Works Engi- neering Division, presented the staff report. An assessment hearing was conducted February 12, 1992. There were no property owners in attendance and no written testimony was submitted. Mr. Boles moved, seconded by Mr. Green, to approve all Hear- ings Official minutes, findings, and recommendations of Febru- ary 12, 1992. Roll call vote; the motion passed unanimously, 6:0. MINUTES--Eugene City Council March 2, 1992 Page 4 e e e CB 4363--An ordinance approving findings and recommendations of Hearings Official and levying assessments for sanitary sewers in Shirley Street from Irving Road north approximately 850 feet; and declaring an emer- gency. Mr. Boles moved, seconded by Mr. Green, that the bill, with unanimous consent of the council, be read a second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion passed unanimously, 6:0. Council Bill 4363 was read the second time by number only. Mr. Boles moved, seconded by Mr. proved and given final passage. ors present voting aye, the bill came Ordinance No. 19832. Green, that the bill be ap- Roll call vote; all council- was declared passed and be- VII. RESOLUTION CONCERNING THE SPECIAL ELECTION ON OPENING OLIVE STREET City Manager Mike Gleason introduced the topic. Bill Gary, City Attorney's Office, said a proposed ballot title was included in the council packets. The resolution included in the packet calls for a special election to submit an adVisory measure to the voters of the city on opening Olive Street, be- tween 8th and lOth avenues, to vehicular traffic. Reopening Olive Street does not require an affirmative vote of the public, as would reopening Broadway or Willamette streets. Copies of a substitute resolution and ballot title were distributed. The substitute resolution deletes the reference to submitting an "advisory" measure to the voters. The substitute ballot title also deletes the reference to the "advisory" nature of the vote. Neither measure is "binding" in the sense that the council would be obligated to open Olive Street if the measure passed or forbidden to open it if the measure failed. Only a charter amendment would be binding in that sense. If either measure passes, amendments to ordinances would be necessary to implement the vote of the public. Responding to a question from Ms. Ehrman, Mr. Gary said the substitute reso- lution is intended to conform to a binding vote from a political standpoint. Councilors Robinette and Nicholson expressed support for the substitute reso- lution. Mr. Nicholson said he would support the measure if the council would adopt a resolution expressing the council's intent to treat the rest of the downtown mall as a pedestrian mall. Mr. Boles moved, seconded by Mr. Green, to substitute Resolu- tion No. 4309 as follows: "A resolution of the City of Eu- gene, Lane County, Oregon, calling a special election to sub- mit a measure to the voters of the city on opening Olive MINUTES--Eugene City Council March 2, 1992 Page 5 e e e Street, between 8th and 10th avenues, to vehicular traffic." Roll call vote; the motion passed unanimously, 6:0. Mr. Boles moved, seconded by Mr. Green, to adopt the resolu- tion as substituted. Roll call vote; the motion passed unani- mously, 6:0. VIII. APPOINTMENTS: MODIFICATION OF MAYOR MILLER'S APPOINTMENTS TO THE EUGENE CELEBRATION STEERING COMMITTEE Mayor Miller said that notification of appointments to the Eugene Celebration Steering Committee was included in the council packets. The meeting adjourned at 7:55 p.m. " Micheal Gleason City Manager (Recorded by David Straub) mncc 030292-730 MINUTES--Eugene City Council March 2, 1992 Page 6