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HomeMy WebLinkAbout12/21/1977 Meeting > M I NUT E S - EUGENE CITY COUNCIL December 21, 1977 Adjourned meeting from December 14, 1977, of the City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor Gus Keller at 11:30 a.m. on December 21, 1977, at King's Table, Oakway Mall, with the following Councilors present: Eric Haws, Bill Hamel, Ray Bradley, Jack Delay, Scott Lieuallen, Brian Obie, and Betty Smith. Councilor Tom Williams was absent. I. ITEMS FROM MAYOR AND COUNCIL A. Civic Center Architect--Mr. Haws said he has received no verifi- cation that the architect hired for the civic center project com- plies with affirmative action provisions. He would like that submitted as a written document. B. Panhandle Lots--Mr. Hamel referred to a letter he received from the president of the Willakenzie Neighborhood Association re- garding panhandle lots. He wondered if anything had been done to set up a meeting on panhandle lot policy. Manager responded that there was a discussion before the Planning Commission at a recent work session. No action was taken at that time. Planning Director said a response is being developed to send to the presi- e dent of the Willakenzie Neighborhood Association. At the time that response is sent, Council will receive a copy and can, at that point, decide how to proceed. He further explained that the Planning Commission had felt they did not want to look at the panhandle issue alone but, rather, wanted to look at the compact urban growth form issue in its entirety. C. Parking District Program--Mr. Delay said he would like to be in- volved in reviewing the current parking district program downtown. o. Planning Commission Finalists--It was decided that each Council member would bring a list of six recommendations to the January 4 Council meeting. Finalists will be chosen at that time and inter- views held January 11 at 5:00 p.m. E. Metro Plan Update Status Report--No Council action is necessary on this report which is an elaboration on decisions already made on the Plan Update process. F. Human Rights Appointments--Mr. Haws and Mr. Hamel have interviewed finalists for the five Human Rights Commissions. A list of recom- mendations was distributed to Council members. It was noted that there was disagreement on one of the appointments to be made to e 12/21/77 --1 931 0 the Women's Commission. Mr. Haws explained that all commissioners e who reapplied, as well as current alternates, are being recommended for appointment. For any additional vacancies, interviews were conducted from those who applied. Mr. Haws moved, seconded by Mr. Hamel, to accept recommendations for the Youth, Minority, Handicapped, and Aging Commissions, as well as the two agreed upon recommendations for the Women's Commission. Motion carried unanimously. Mr. Obie suggested that the entire Council interview the two candi- dates on which there was a difference of opinion for the Women's \ Commission. The two candidates are Linda Wilson and Doris Storms. Mr. Obie moved, seconded by Mr. Hamel, that the Linda Wilson and Doris Storms be interviewed by the entire Council at the time of the Planning Commission interviews. Mr. Haws said he didn't wish to interview the two people again. Ms. Smith said she would like to hear from Women's Commission president Sarah Lichtenstein. Mr. Bradley felt that, if Ms. Lichtenstein commented at this time, her remarks might be directed toward a certain applicant, which would be inappropriate. Vote was taken on the motion which carried, all Council members present voting aye except Mr. Haws and Mr. Lieuallen voting e no. Mr. Haws felt that in the future more action should be taken to make sure that qualified candidates apply. G. Joint County Commissioners-Council Meeting--February 7 at 6:00 p.m. is the tentative date set for a joint dinner meeting between the City Council and the County Commissioners with. Springfield. Agenda items will be distributed later. II. ANNEXATION REPORT AND DISCUSSION--A report was distributed December 9, 1977, and the LCDC staff-proposed draft rule was distributed with the agenda. Mr. Saul, Planner, explained that the report had a three-fold purpose: To apprise the Planning Commission and City Council what was not hap- pening regarding annexation proposals submitted already to Eugene; apprise the Planning Commission and City Council of some of the major questions and issues involved regarding review of annexations under recent changes in state legislation, particularly in Senate Bill 570 and the Peterson vs. Klamath Falls Supreme Court decision; apprise the Planning Commission and City Council of the draft rule prepared by LCDC dealing with the question of annexations and, more particularly, e .q3l 12/21/77--2 standards under which annexations should be evaluated with respect e to Statewide Goals and to request the Council to concur and support the draft rule. It was noted that no annexations privately initiated July 1 had been reviewed by the Planning Commission or the City Council. All have been held pending resolution of the questions. There are ten such annexations in the mill at the present time. Mr. Saul further com- mented that Senate Bill 570 says annexations shall be reviewed in accordance with the Statewide Goals. Since adopted, there have been many suggestions as to what goals might be applicable to the review of annexations. At a meeting in November, LCDC discussed the whole issue of annexations and review under Statewide Goals and directed their staff to prepare a draft rule to consider in January. It represents a significant advancement and clarification in the overall questions associated with annexation review. It sets forth the basic , factors to be considered within the context of Statewide Goals and provides a realistic basis for review. Mr. Saul said that IV (8) particularly applies. He would hope Council would support that pro- vision which states that "the requirements of Goal No.3 (Agriculture) and Goal No. 14 (Urbanization) shall not apply to annexation of lands if the local government or local government boundary commission finds that adequate public facilities and services can be reasonably made available; and: (1) the lands are irrevocably committed to urban use; or (2) the lands are needed for an urban use and circumstances exist which make it clear that the lands in question will be within an urban e growth boundary when the boundary is adopted in accordance with the Goals. A suggested process for making this finding is to include docu- mentation of the factors required by Goal 14 for conversion of rural to urbanizable land." Mr. Saul said that if, in the review of any particular annexation one goal is isolated as being the only one to be considered, a distorted picture will be arrived at. This proposed rule clarifies that and balances many important factors. He feels the rule should be supported because it is entirely consistent with Eugene's policy, with Statewide Goals and Guidelines, and with the fundamental notion as to the role of cities. Mr. Delay referred to the sentence reading, "A suggested process for making this finding is to include documentation of the factors required by Goal 14 for conversion of rural to urbanizable land". He wondered what that represents to the City of Eugene. Mr. Saul felt the factors referred to are not slipshod. He said there is a difference in the effort required in the exception process and the effort required to document Goal 14 conversion. Mr. Delay wondered if all lands inside the existing General Plan Urban Service Boundary were capable of being demonstrated to meet the requirements of this section, and Mr. Saul said that is not necessarily an absolute, but generally would be a factor to be considered. e CJ33 12121/77 --3 Mr. Keller noted that the concerns of the LaC task force are basically e the concerns the City of Eugene has and he feels as positive about the proposed draft rule as does Mr. Saul. City Attorney Stan Long commented that, when the term exception process ;s heard, he thinks it is important to understand that, by terms of the Goals themselves, the exception process refers to the development of a comprehensive plan. It is an unsettled question as to whether the exception process should or will be applied to a particular land use action such as a particular annexation. He would therefore not consider the proposed rule an exception to the exception process be- cause there is no establishment that the exception applies to anything other than that it says it applies to, which is preparation of a com- prehensive plan. Mr. Saul felt it implicit in presenting the draft rule to the Planning Commission and City Council to request holding those existing appli- cations until the LCDC adopts the proposed rule and disposes of some questions. He said the Planning staff has reviewed the rule with the director of LCDC. Mr. Bernhard, Planning Commissioner, raised a question on the defini- tion of land within City boundaries. In Springfield there are islands in the city which are not incorporated, and he wonders if they are included in the boundaries or not. Mr. Saul said he did not believe they would be covered. e Mr. Delay said he supported Mr. Saul's request to hold the annexation applications until the Plan Update is finished. Mr. Saul noted that a draft of the Plan Update should be available by January 1, 1979. Mr. Long noted, however, that it may not be in effect at that time, as there could be appeals or litigation. Mr. Obie said he had a diffi- cult time agreeing to hold up annexation applications. He said those people need to be given direction. He really abhors the staff holding up annexations since July 1, feeling it is an extremely poor City management decision. He feel s it becomes "government by the staff." Manager noted that that is being done because of total confusion sur- rounding the matter and not knowing the procedures. Mr. Obie said he feels it is a Council decision, however. Mr. Long said that Council has been told at least twice that those requests were being withheld. He suggested waiting until after the January LenC meeting before ,making any further decisions on the pending annexation applications. Adrienne Lannom, Planning Commissioner, said she had trouble with terms such as "reasonably", which is included in IV (B). She would like it made clearer as to what is reasonable. Mr. Long said he thought that probably meant "don't be arbitrary". Mr. Haws moved, seconded by Mr. Hamel, to adopt the draft. Motion carried unanimously. Mr. Long said he would bring a report back after the LCDC hears the matter. e ~3Lf 12/21/77--4 I II. COUNTERCYCLICAL FUNDS: RECOMMENDED PRIORITY LIST FOR APPROVAL--December -- IS, 1977, memo from the City Manager has been distributed to the Council members. Manager explained that the regulations are tighter than before and that this money should be viewed as one-shot money. He said there are doubts whether it will continue. The first group of suggested projects total $665,000. He said the staff has considered the follow- ing criteria in preparing the priority list for Council consideration: (1) improvement in the long-range financial circumstances of the City; (2) improvement in productivity of existing work forces; (3) improve- ment in the City's compliance with legal, safety, and other require- ments; (4) potential for disruption of services when funds are termi- nates; (5) likelihood that expenditure will be proposed as part of the 1978-79 budget if not financed by countercyclical funds. He said most projects will probably appear in departmental budgets if not funded through countercyclical funds. The priority list includes: (1) Library--automated circulation system, $313,000; (2) HCC--Renewa1 Agency staffing, $100,000; (3) Finance--financia1 accounting system improvement, $157,000; (4) Public Works--Centra1 Yard rehabilitation, $42,000; (5) P1anning--Whiteaker Neighborhood Model, $52,000. Mr. Haws moved, seconded by Mr. Hamel, to approve the prior- ities and authorize expenditures. Motion carried unanimously. I V. PUBLIC HEARINGS: STREET AND EASEMENT VACATIONS--Maps have been dis- tributed to Council members. Recommended by Planning Commission August e 29, 1977 (CB 1564, 1565, 1566) and October 10, 1977 (CB 1580). Public hearing was opened. B. J. Rogers, 1790 South A, Springfield, representing Robert W. Smith, spoke in favor of Council Bill No. 1566. Public hearing was closed. C.B. 1564--Vacating right-of-way located between South Wi11amette and Donald Streets, south of Coachman (Levitt) (SV 77-4) was read by number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved, seconded by Mr. Hamel, that the bill be read the second time by Council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. The motion carried unanimously, and the bill was read the second time by Council Bill number only. Mr. Haws moved, seconded by Mr. Hamel, that the bill be approved and given final passage. Roll call vote. All Council members present voting aye, the bill was declared passed and numbered 18091. e 12/21/77 --5 '135 ._---- tit C.B. 1565--Vacating portion of Spy Glass Drive located south of Cal Young Road, east of Hammock Street (Oakway Development Company) (SV 77-8) was read by number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved, seconded by Mr. Hamel, that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at thi.s time. The motion carried unanimously, and the bill was read the second time by council bill number only. Mr. Haws moved, seconded by Mr. Hamel, that the bill be approved and given final passage. Roll call vote. All Council members present voting aye, the bill was declared passed and numbered 18092. C.B. 1566--Vacating public utility easement located between Pattison and Avalon streets, between Jacobs and Hughes streets (Smith) (EV 77-4) was read by number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved, seconded by Mr. Hamel, that the bill be read the second time by council bill number only, with unanimous e consent of the Council, and that enactment be considered at this time. The motion carried unanimously, and the bill was read the second time by council bill number only. Mr. Haws moved, seconded by Mr. Hamel, that the bill be approved and given final passage. Roll call vote. All Council members present voting aye, the bill was declared passed and numbered 18093. C.B. 1580--Vacating portion of Jessen Street 176.25 feet east of Minnesota Street and retaining public utility and pedestrian/bicycle easements through the area (Jessen Street) (SV 77-10) was read by number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved, seconded by Mr. Hamel, that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. the motion carried unanimously, and the bill was read the second time by council bill number only. Mr. Haws moved, seconded by Mr. Hamel, that the bill be approved and given final passage. Ro 11 ca 11 vote. All Council members present voting aye, the bill was declared passed and numbered 18094. e q36 1 ?/?1 /77 _ Co . V. PUBLIC WORKS BID CONTRACT AWARD--Tabulation has been distributed to Council members. Costs were high when the contract award was discussed at an earlier meeting and so the property owners were polled. Four yesses were re- - ceived as well as 11 non-votes. Staff recommends awarding of the contract. Public hearing was held with no testimony presented. The project is a sanitary sewer between Emerald Street and Nixon Street from 24th Avenue to 25th Avenue, Job No. 1491. Mr. Haws moved, seconded by Mr. Hamel, to award the contract to the low bidder, J. A. Hill, at a cost of $14,225.02. Motion carried unanimously. VI. ORDINANCE FOR SECOND READING AND HEARINGS PANEL REPORT OF DECEMBER 19, 1977 C.B. 1577--Levying assessments for paving, sanitary sewer, storm sewer, and sidewalk, Timberline Drive from Wilshire Lane to 2450 feet south; sanitary and storm sewers within Somerset Hills III; within area bounded by Somerset Hills Addition, Somerset Hills II, and Somerset Hills III; and within 160 feet of boundaries of Somerset Hills III (1142--76-17) There being no requests to be heard before panel, the meeting was cancelled. The following Council Bill heard the first time December 12, 1977, and --. referred to the Hearings Panel for hearing December 19, 1977, was brought back for second reading with Panel recommendation to levy assessments as proposed: C.B. 1577--Levying assessments for paving, sanitary sewer, storm sewer, and sidewalk; Timberline Drive from Wilshire Lane to 2,450 feet south; sanitary and storm sewers within Somerset Hills II I: within area bounded by Somerset Hills Addition, Somerset Hills II, and Somerset Hills III, and within 160 feet of boundaries of Somerset Hills III. Mr. Haws moved, seconded by Mr. Hamel, that the bill be approved and given final passage. All Council members present voting aye, the bill was declared passed and numbered 18095, VI I. APPROVAL OF IMPROVEMENT PETITIONS Res. No. 2808--Authorizing initiating process for street paving, sani- tary sewer and storm sewer construction to serve ~ara Hills Subdivision (1419) was read by number and tltle. Mr. Haws moved, seconded by Mr. Hamel, to adopt the resolution. Roll call vote. Motion carried unanimously. Res. No. 2809 -Authorizing initiating process for street paving, sanitary sewer and storm sewer construction within Sweetbriar Subdivision " and sanitary sewer to serve area within 160 feet of southeast boundary of Sweetbriar Subdivision was read by number and title. Mr. H~ws moved, seconded by Mr. Hamel, to adopt the resolution. Rollcall vote. Motion carried unanimously. 't37 12/21/77 --7 , Res. No. 2810--Authorizing initiating process for street paving on . Western Drive from Calvin Street to 70 feet west was read by number and title. Mr. Haws moved, seconded by Mr. Hamel, to adopt the resolution. Ro 11 ca 11 vote. Motion carried unanimously. Res. No. 2811--Authorizing initiating process for street paving, sanitary sewer and storm sewer construction to serve Shalar Subdivision (1454) was read by number and title. Mr. Haws moved, seconded by Mr. Hamel, to adopt the resolution. Roll call vote. Motion carried unanimously. VIII. CALLING PUBLIC HEARING FEBRUARY 1, 1978 RE: STREET VACATION (OLIVE) (SV 77-11)--Map has been distributed to Council members. C.B. 1581--Calling public hearing February 1, 1978 re: Street vacation located between West 34th Avenue and West 35th Avenue, west of McMillan Street (Olive) (SV 77-11) was read by number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved, seconded by Mr. Hamel, that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at /.- thi s time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Haws moved, seconded by Mr. Hamel, that the bill be approved and given final passage. Roll call vote. All Council members present voting aye, the bill was declared passed and numbered 18096. IX. PAYMENT OF BILLS AND CLAIMS--Tabulation has been distributed to Council members. Res. No. 2812--Authorizing payment of bills and claims for period December 12 through December 21, 1977, was read by number and title. Mr. Haws asked about the Golf and Industrial Vehicle Corporation bill for $8,289.00. Staff responded that that represents the three-wheeled ,?-.;:- """'- scooters that the maintenance people use in the parks. Finance Director noted that these were used particularly on the mall. Mr. Haws moved, seconded by Mr. Hamel, to adopt the resolution. Roll call vote. Motion carried unanimously. x. APPROVAL OF MINUTES Mr. Haws moved, seconded by Mr. Hamel, to approve the Council -_ minutes of December 14, 1977. Roll call vote. Moti on carri ed unanimously. 12/21177--8 q?>~ - -----.- XI. WASTEWATER MANAGEMENT COMMISSION RESOLUTION--At the December 14, 1977, . Council meeting, a resolution was adopted authorizing the formation of a County service district regarding wastewater management. The resolu- tion did not spell out that the previous resolution of June 13 was to be repealed. Therefore, a housekeeping resolution is presented for Council action which will repeal the June 13 Resolution No. 2680. Res. No. 2813--Repealing Resolution No. 2680 adopted June 13, 1977, and any other resolution in conflict with Res. No. 2799 adopted on December 14, 1977, was read by number and title. Mr. Haws moved, seconded by Mr. Hamel, to adopt the resolution. Roll call vote. Motion carried unanimously. It was noted that the King's Table will not be available for the January 11 Council meeting, and Council agreed to meet at North Chuck Wagon on that date. Upon motion duly made, seconded, and, passed, the meeting was adjourned to January 4, 1978. ~~ Charles T.~enry .. City Manager CTH:ng/CM8a1 -- --. .. 12/21/77--9 93'1