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HomeMy WebLinkAbout10/26/1992 Meeting (2) e M I NUT E S Eugene City Council Council Chamber--City Hall October 26, 1992 7:30 p.m. COUNCILORS PRESENT: Ruth Bascom, Debra Ehrman, Randy MacDonald, Roger Rutan, Paul Nicholson, Kaye Robinette. COUNCILORS ABSENT: Shawn Boles, Bobby Green. The adjourned meeting of the Eugene City Council of October 14, 1992, was called to order by His Honor Mayor Jeff Miller. I. CONSENT CALENDAR A. Approval of City Council Minutes of April 23, 1992, Dinner Work Session; July 27, 1992, Meeting; August 10, 1992, Dinner Work Session; and September 16, 1992, Lunch Work Session Ms. Ehrman moved, seconded by Ms. Bascom, to approve the items on the City Council Consent Calendar. Roll call vote; the motion e passed unanimously, 6:0. II. PUBLIC HEARING: ANNEXATION/REZONING REQUEST FOR PROPERTY LOCATED IN THE RIVER ROAD AREA (AZ 92-9. SPROAT TRUST) City Manager Mike Gleason introduced the item. Cathy Czerniak, Planning and Development Department, summarized the code criteria necessary for annexation and rezoning. This annexation/zone change was requested by the property owner to take advantage of urban services that are available in the area and to prepare the property for further development. The request includes two tax lots totaling slightly under one acre. The property is partially developed with a Taco Time restaurant and is contiguous with the city. The Planning Commission recommended approval of the annexation and C-2 General Commercial zoning with the Site Review Subdistrict attached to mitigate the impact of commercial development on the adjacent residential neighborhood. Mayor Miller opened the public hearing. Mike Evans, 1071 Harlow Road, representing the Sproat Trust, reiterated that the purpose of the request is to take advantage of the City's sewer system for e MINUTES--Eugene City Council October 26, 1992 Page 1 7:30 p.m. e the undeveloped portion of the property. He said there are no plans to sell the property. He expressed support for the Planning Commission's recommenda- tion. There being no other requests to speak, the public hearing was closed. Responding to a question from Mr. MacDonald regarding concerns expressed in correspondence related to the request, Ms. Czerniak stated that the site review criteria addressed some of those concerns and explained that rezoning the property to a residential district would be inconsistent with the Metro Plan and the River Road/Santa Clara Urban Facilities Plan. Mr. MacDonald hoped that efforts will be made to exceed the site review criteria in light of the neighbors' concerns. Responding to a question from Ms. Bascom, Ms. Czerniak said that under the Planning Commission's proposal for streamlining the annexation process, this request would have been submitted directly to the Boundary Commission, eliminating considerable staff work, two public hearings, and City Attorney time for preparation of the resolution. Responding to a question from Mr. Nicholson, Ms. Czerniak explained that the property is contiguous to six properties to the north, which are in the city, and to River Road and Hillcrest Road rights-of-way, which are also in the city. Ms. Czerniak explained that the Planning Commissioner voting in opposition to this request does not consider it to be contiguous to the main body of the city. e Res. No. 4350--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 southwest corner of River Road and Hillcrest Drive. Final Order Al 92-2--A final order rezoning the property from County C-l/UL and RA/UL to City C-2/SR. Ms. Ehrman moved, seconded by Ms. Bascom, to adopt the resolution and final order. Roll call vote; the motion passed 5:1, with Councilor Nicholson voting nay. III. PUBLIC HEARING: ORDINANCE CONCERNING CODE CHANGES, INITIATIVES, AND ELECTIONS City Manager Mike Gleason introduced the item. David Biedermann, Administra- tive Services Department, presented the staff report. As requested by the City Council, the proposed changes to the initiative/referendum code were reviewed by the Citizen Involvement Committee (CIC). The committee recommend- ed that Section 2.977, concerning City Attorney review of ballot titles for clarity and consistency, be returned to the CIC for further discussion. That e MINUTES--Eugene City Council October 26, 1992 Page 2 7:30 p.m. e section has been deleted from the current draft ordinance. The CIC approved all of the other proposed changes to the ordinance and, in addition, recom- mended that the City Council request that the committee review Section 2.972, concerning the requirements for the number of signatures for initiatives and referendums. Responding to a question from Mayor Miller, Mr. Biedermann explained that Section 2.972 was not among the proposed changes referred to the CIC by the council, but the CIC recommended that the council refer that section back to the CIC for review. Responding to a question from Mr. MacDonald, Mr. Biedermann said there was some discussion by the CIC about possibly amending the ordinance in the future if the State adopts changes in statistical sampling methods for the verifica- tion of signatures. Responding to a question from Ms. Ehrman, Mr. Biedermann explained that the CIC recommended removing Section 2.977 for further review based on the public testimony at the earlier council public hearing. He said the CIC did not discuss that section in detail and felt it needed more time than what was available in one two-hour session. Responding to a question from Mr. MacDonald, Glenn Klein, City Attorney's Office, said that there were no proposed changes included in the current draft ordinance that would change the process for advisory elections. He said he would follow up to determine if the current draft ordinance would prohibit e citizens from using the initiative process to place an advisory measure on the ballot. Responding to a question from Mr. Nicholson, Mr. Biedermann said that the proposed changes which would increase the time period for verification of signatures would not affect the time for petitioners to gather signatures. Mr. Klein added that the time for verification of signatures is not included within the time period in which petitioners have to gather signatures. Mayor Miller opened the public hearing. Dave Sweet, 1237 Ferry Street, noted that the section he mainly objected to has been deleted from the current draft ordinance. He urged the council to exercise its leadership and remove any changes that would negatively affect the initiative/referendum process. William J. Mason, 1803 West 34th Avenue, expressed support for the CIC's recommendations. He felt that the City's initiative/referendum code violated the Eugene Decisions' concept of advocating intergovernmental cooperation, saying that the adoption of the Secretary of State's Manual for 1992 City Elections would save staff resources as well as keep the City in compliance with State law. He expressed concern about the short time frame in which the draft ordinance was referred to the CIC and brought back to the council. He submitted additional written testimony. e MINUTES--Eugene City Council October 26, 1992 Page 3 7:30 p.m. e Ken Tollenaar, 1522 Russett Drive, noted that he was not aware that the public hearing was continued on this item. He hoped that the council will refer Section 2.977 to the CIC for further review, citing the importance of ballot title review by legal counsel. He said he also hoped that the CIC would be allowed to consider suggestions that have been made, including those made by the City Club, to improve the initiative/referendum process. Richard Guske, 1005 Clark Street, CIC member, noted that the CIC also request- ed that the emergency clause be removed from the draft ordinance. He said that the CIC discussed concerns about the costs of ballot title review, especially if done by a private attorney to avoid a potential conflict of interest, and commented that if the City were required to pay those costs, the money would be well spent. There being no other requests to speak, the public hearing was closed. Responding to a question from Ms. Ehrman, Mr. Biedermann said that the proposed changes to the ballot title appeal process were included in Section 2.977, which was removed from the current draft ordinance to reflect the CIe recommendation. Responding to a question from Mr. Nicholson, Mr. Gleason requested that the cou~cil bring the Eugene Code into compliance with State law to avoid poten- tial lawsuits. Mr. Rutan recommended that the council act on the proposed changes. He e commented that the City's ordinance allows for an effective democratic initia- tive/referendum process and suggested considering that making the process easier does not necessarily make it better. CB 4419--An ordinance concerning election procedures; amending Sections 2.505, 2.515, 2.520, 2.9709, 2.971, 2.973, 2.975, 2.976, 2.979, 2.980, 2.981, 2.982, 2.983, 2.984, 2.987, 2.988, 2.990, 2.992, and 2.1990 of the Eugene Code, 1971; repealing Sections 2.974 and 2.978 of that Code; and adding Sections 2.1000 and 2.1005 to that Code. Ms. Ehrman moved, seconded by Ms. Bascom, that the bill, with unanimous consent of the council, be read the second time, and that enactment be considered at this time. Mr. Robinette moved, seconded by Ms. Bascom, to amend the bill to add Section 2.977. Speaking against the motion, Ms. Ehrman suggested referring Section 2.977 as a whole for further review. Responding to a question from Ms. Ehrman, Mr. Klein explained that the amendment would bring the Eugene Code into compliance with State law with respect to the following: 1) required number of words in ballot titles; and 2) time for the city attorney to prepare ballot titles. e MINUTES--Eugene City Council October 26, 1992 Page 4 7:30 p.m. e Mr. Robinette said that he requested staff to prepare the amendment because those two provisions of Section 2.977 were housekeeping in nature. Roll call vote; the motion to amend passed unanimously, 6:0. Mr. Nicholson moved, seconded by Mr. MacDonald, to amend Section 2.979(2) to state that if a statistical sampling method is used, and the result predicts a margin of less than two percent, then an actual count will be mandated. Responding to a question from Mr. Robinette, Mr. Biedermann said he believed that verification of signatures, in the event that an actual count is required (if the margin is less than two percent), could be completed within the 15-day time period. Mr. MacDonald said he supported the amendment, particularly for the reason that it would provide further confidence for petitioners in their ability to qualify measures for the ballot. Roll call vote; the motion to amend failed 4:3, with Mayor Miller and councilors Bascom, Robinette, and Rutan voting nay; and councilors Nicholson, MacDonald, and Ehrman voting aye. Ms. Bascom suggested asking the CIC to review the report issued by the City Club regarding the initiative/referendum process. e Ms. Ehrman expressed concern about the method in which this item was pro- cessed. She said she would have preferred to have the CIC's latest recommen- dations discussed at a council work session first. Mr. Nicholson said he did not support an ordinance that allows a statistical sampling process which could potentially prevent a measure from being placed on the ballot. Roll call vote; the motion as amended passed unanimously, 6:0. Council Bill 4419 was read the second time by number only. Ms. Ehrman moved, seconded by Ms. Bascom, that the bill as amended be approved and given final passage. Roll call vote; by a vote of 4:2, with councilors MacDonald and Nicholson voting nay, the bill as amended was declared passed and became Ordinance No. 19883. Councilors agreed to postpone further discussion on this item until a future meeting at which the full council is present. e MINUTES--Eugene City Council October 26, 1992 Page 5 7:30 p.m. e IV. ORDINANCE CONCERNING A STREET VACATION REQUEST FOR THE NORTH END OF ELIZABETH STREET LOCATED SOUTH OF BELTLINE ROAD City Manager Mike Gleason introduced the item and explained that the two principal property owners have agreed upon the adjusted assessment. He said that staff was present to answer questions. CB 4388--An ordinance vacating the following described street, to wit: The unimproved portion of street right-of-way on the north end of Elizabeth Street, and south of Beltline Road, all in Eugene, Lane County, Oregon, more particularly described in Exhibit A attached hereto and incorporated herein by reference. (Paulson, SV 92-03) Ms. Ehrman moved, seconded by Ms. Bascom, that the bill, with unanimous consent of the council, be read the second time, and that enactment be considered at this time. Roll call vote; the motion passed unanimously, 6:0. Council Bill 4388 was read the second time by number only. Ms. Ehrman moved, seconded by Ms. Bascom, that the bill be ap- proved and given final passage. Roll call vote; all councilors e present voting aye, the bill was declared passed and became Ordinance No. 19885. V. APPROVAL OF FINDINGS AND RECOMMENDATIONS OF HEARINGS OFFICIAL AND PASSAGE OF THE ORDINANCE LEVYING ASSESSMENTS City Manager Mike Gleason introduced the item and said that les lyle, Public Works Department, was present to answer questions. Ms. Ehrman moved, seconded by Ms. Bascom, to approve the Hearings Official's findings and recommendations of October 13, 1992. Roll call vote; the motion passed unanimously, 6:0. CB 4420--An ordinance levying assessments for paving, curb, gutters, and storm sewer in 14th Avenue from lincoln Street to the alley 150 west; and declaring an emergency. Ms. Ehrman moved, seconded by Ms. Bascom, that the bill, with unanimous consent of the council, be read the second time, and that enactment be considered at this time. Roll call vote; the motion passed unanimously, 6:0. Council Bill 4420 was read the second time by number only. e MINUTES--Eugene City Council October 26, 1992 Page 6 7:30 p.m. e Ms. Ehrman moved, seconded by Ms. Bascom, that the bill be ap- proved and given final passage. Roll call vote; all councilors present voting aye, the bill was declared passed and became Ordinance No. 19884. The meeting adjourned at 8:36 p.m. Re~#~ /('~ Micheal Gleason City Manager (Recorded by David Straub) cc73026.102 e e MINUTES--Eugene City Council October 26, 1992 Page 7 7:30 p.m.