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HomeMy WebLinkAbout02/01/1978 Meeting e M I NUT E S EUGENE CITY COUNCIL February I, 1978 Adjourned meeting from January 25, 1978, 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 February 1, 1978, King's Table, Oakway Mall, with the following Council members present:D. W. Hamel, Ray Bradley, Tom Williams, Eric Haws, Jack Delay, Scott Lieuallen, Brian Obie, and Betty Smith. e I. Items from Mayor and Council A. EPA Clean Air Act Amendment of 1977--Mr. Delay reported on a recent meeting regarding revisions made by Congress. It is obvious that the amendments reaffirm the Federal intention that State and local jurisdictions make more favorable progress. Methods to be used would be to allow jurisdictions more time and to enact stricter laws. Also, EPA said Congress is trying to raise air pollution as a priority item among jurisdictions. As it relates to Eugene, revisions will have to be prepared and submitted by January I, 1979, and adopted by July 1979. A more stringent offset policy will be employed, as well as legal requirements for reasonable further progress. An offset policy is one in which a company must agree to reduce its present pollution by an amount greater than what it would add with a new plant expansion. Every year during this process, a city will have to demonstrate it is making progress toward attaining the goals by 1982. If a jurisdiction is not making progress, then sanctions will come into effect. Mr. Delay noted those sanctions could be brought by individuals. Principal sanctions used might be a total ban on con- struction or withholding of Federal funds for such things as mass transit. This raises a question regarding industrial growth, and two vehicles were suggested by EPA: I} offset policy; and 2} excess planning mechanism. Mr. Delay said this underlines the importance of the decisions to be made by Council to demand the existing Burning Limitations and Plan be upheld in good faith. In answer to a question from Mr. Lieuallen, Mr. Delay said there were many people working on these problems, and primarily on the intrusion problems from field burning. He noted Eugene has a situation which is different from other parts of the country, in that Eugene has a problem of parti- culates in the air versus such things as auto emissions, which are problems elsewhere. B. Energy Conservation Award--Mr. Obie presented to Greg Page a lamp constructed by the Junior Achievement group, to recognize Mr. Pagels efforts at energy conservation. c. Presidency of L-COG Board--Mr. Haws, having served as the Vice- President of the L-COG Board the past year, had been asked to serve as President, an honor he declined. Some concern had been expressed - 2/1/78--1 '3 that the L-COG Board President should be from the metro area. He reported Lois Prinzling will be serving, having the time and energy to do a very good job. Mr. Haws will continue as Vice-President. . D. Boards/Commissions Appointments for 1978--Mayor Keller distributed to Council a list of various appointments, with action to be taken by Council February 8. E. Meetings Scheduled--Manager announced the following meetings: Room Tax Committee meeting, Wednesday, February 1, 4:00 p.m., Mayor's office. Budget Committee meeting, Thursday, February 2, 7:30 p.m., McNutt Room. Lane County Boundary Commission, Thursday, February 2, 7:30 p.m. Wastewater Management Commission meetings, Thursday and Friday, February 2 and 3. Joint Meeting, Lane County-Springfield-Eugene Councils, Tuesday, February 7, 6:00 p.m., Rodeway Inn. F. National League of Cities Annual Legislative Meeting, Washington, D.C. Manager said for those Councilors interested in attending, please notify Manager's office. Dates are March 5-7, 1978. G. Planning Department Quarterly Report--Manager referred Council to page ~ 6 which dealt with PUD, minor partitions, and subdivisions. He noted the information included in the report indicated fewer PUD's had been approved in 1977 than in 1976, but that several had not been developed for a number of reasons; whereas, subdivision applications, in contrast, increased, resulting in many more available single-family lots as compared to the previous yea~ . In regard to minor partitions, a great many of them are being approved, creating in 1977 lots for about SOO new dwelling units. H. EPA Field-Burning Ruling Regarding State of Oregon--Stan Long reported on the recent ruling with respect to the City's continuing involvement. He reviewed Council's authorization of the City to pursue the matter in which the City had asked EPA to issue a notice of violation to the State based on excessive field-burning and also to reject the State amendments. The City based its case on the State failing to follow public hearing procedures, and the State failing to demonstrate a need for its revisions. The EPA indicated a notice of violation will be issued. The revised amendments of the State had been denied on the two issues which the City had argued. Mr. Long said unless further action is taken on someone's part, th~ State would be allowed to burn only 50,000 acres in 1978. However, EPA did give the State some alternatives: 1) to submit new amendments showing how the State intends to comply immediately with Federal standards; or 2) submit to the EPA a temporary control strategy for the 1978 burning season. It seemed likely the State officials will try to enter into an agree- ~ 2/1/78--2 w e ment regarding the amount of, field burning for next year. The City Attorney's office will monitor the project and developments of the agreement and advise City Council of the matter in order to make a judgment as to whether the State's agreement is acceptable. In addition, Mr. Long said some State officials feel bound to State law, not Federal law. If the State persists in that position, it may be necessary for the City to take some further action as the City feels Federal law does have priority. I. Troutdale Court Decision on Building Codes--Mr. Long reported the City of Troutdale wanted to pass an ordinance which would provide for double-wall construction rather than single-wall construction as pro- vided by State building codes. Troutdale took the position that State building code sets only minimum standards. The City prevailed and the court decided State law was not both minimum and maximum. However, Mr. Long continued the reasons for the decision were not that helpful. It would appear that Home Rule in Oregon has been cut back somewhat. However, as a result of the ruling, the cities are free to add addi- tional requirements for local construction, but the Legislature may choose to prevent that. He noted also that collective bargaining probably will become the lead case on Home Rule. e Mr. Long emphasized that these were initial reactions to both rulings, EPA and the Troutdale case, and he would be reporting back with a more complete assessment at a later date. II. Continued Discussion of Mid-Year Status Report on Goals, Priority Projects, Work Plans Report distributed 1/13/78. Manager noted Council, at its 1/25 meeting, had proceeded through Items I-IV. This would be a continuation through Item V. Mr. Delay, in regard to Item IV-F, Energy Conservation Program, wondered what was the responsibility of City to the community as a whole in terms of services being provided in this area. Manager said the issue should probably be broadened, and staff had been talking with EWEB in terms of better coordination with other agencies in the community. Assistant Manager noted the major issue at this time was a vehicle for implementation. Continuing with V, Manager said this was a breakdown by individual departments for special projects. The report indicated certain dates for goals to be accomplished, and department heads were available to respond to Council's questions. A. Airport: No comments or questions requested. B. Court: Manager said the major projects would be to automate procedures and processes, and noted No.6 (Revised Juror Information Brochure) was completed. c. Data Processing: Manager noted these were mostly technical improve- ments with the saving of many man-hours in the long run by automating acti viti es. 4It 2/1/78--3 (,5 D. Finance: Manager said under No.4, Room Tax Changes, those processes were being worked out. No.9, Election Ordinance, had been completed. No. 10 referred to the new central maintenance facility. No. 13, 10th and Oak Assessment District, an attempt will be made to construct ~ a more equitable system of assessments. Manager said this was a matter of legal research, whether or not, for example, bonds should be issued or alternatives which could be used for redistributing the assessments. E. Fire: Manager said No.1, Fund and Installation of Master Station and Satellite Station, attemptg are being made to acquire a several station sites at this point. Mr. Obie wondered if there were not presently sites that could be used for this. Chief Hall said there was a site at 28th and Polk; also staff was looking at a site in the Bethel area. He said this refers only to acquisition of site and development depends on the Budget Committee. Manager noted if money were made available, a portion of the City could go on the Master Satellite system next year. Mr. Delay asked for a clarifi- cation regarding the shift schedule 14/10 (No.2). Chief Hall said presently the shift is 24 hours on and 48 hours off. A trial shift of ten hours on day and 14 hours on night shift will be attempted for six months. He felt this would allow inclusion of a number of scheduled activities in the 24-hour shift period, and would be more cost effective. F. Housing and Community Development: Manager said No.1, Downtown Retail Expansion, a February 21 deadline date to receive proposals had been set, and the Renewal Agency will start reviewing as of - that date. No.2, Hotel Development, is dependent on the Civic Center development and decisions. No.3, Manager said the National Benevolent Association is seeking under State law a tax exemption for a project on the south side of 11th, and the others listed had already been acted upon by Council. Mr. Delay said he had not seen the question of the LTD transfer station and wondered where it would be dealt with. Manager replied one reason it was not shown on the report was because the decision probably would not be made in the next six months. Mr. Kupper said it is a very complicated issue, and there are many factors involved, including time, financing, and location of site. However, he noted it was a high priority for ERA and the Downtown Development Board. Mayor Keller questioned whether there was active interest in downtown retail expansion (No. 1). Mr. Kupper replied HCC will be receiving one proposal from a developer and were talking to five others with hopes that more proposals will be received. Ms. Smith wondered if that included a hotel. Mr. Kupper replied the retail expansion and hotel develop- ment were two separate offerings. Regarding hotel development, he said the issue of how that development will take place will have to be re-examined. In talking with major hotel chains across the country, it seems the development will have to be done locally as hotel chains simply do not develop their own hotels any more. 2/1/78--4 " e - e G. Law: Manager noted progress on Items I (LCDC), No.2 (EPA Field Burning), and No.3 (Home Rule). In regard to No.4, Teleprompter Negotiations, Stan Long said it was hoped staff would have a status analysis developed from a recent study of the local system regarding financial and technical details. In response to a question from Mr. Haws, Mr. Long said the possibility of a translator was not out. Mr. Williams said the Commission was operating under the notion that if, at such time it feels negotiations will not result in satisfactory agreement with Teleprompter, then the Commission would proceed to look at the translator. However, he noted a problem in that some Commis- sion members had previously decided to negotiate in good faith with Teleprompter, but have since changed to favor a translator. Mr. Long said the whole issue is very complex in that there is a very active Federal regulatory agency which changes rules frequently; and an industry which understands itself better than the public does. He said the questions are being raised as to what is possible with Teleprompter or another company; would that be better than a translator; what is wanted, can it be obtained, and what it would cost. He said staff was just at a point now of putting together what is possible. Such a list of those kinds of issues will be presented for Council to make a judgment. Ms. Rutter noted one main issue was a public access channel on a first-come first-served basis. Under No.7, Ordinance Relating to Easement and Right-of-Way Vacations, Mr. Obie questioned what was being done. Assistant Manager replied it was presently a very cumber- some process, and the ordinance would attempt to improve the system, i.e., getting more information to people who are affected and allowing Council to act in a more effective manner. e H. Library: No.1, Capital Program for Further Development of Main Library, Manager said if this were going to proceed, there would be a need for money for land as well as for planning. Under No.2, Developing Branches, staff was working with the Planning Department as to where these branches might be located. Ultimately, it would lead to a bond issue. Ms. Smith wondered if that were something that needed to be looked at with the 1978-79 budget. Manager said yes, however, the planning could be completed, but it would take additional money to establish the branches. Ms. Smith expressed concern about . the major capital expenses being presented in many of the programs, and requested that those be segregated for the Budget Committee. Manager said Assistant Manager was doing that on a five-year projec- tion. Mayor Keller wondered if Items 1 and 2, Expanding the Main Library and Establishing Branches, were not in direct conflict. Mr. Meeks said the City was looking at a library program which was 25 years behind the times. He said the main library was heavily used and there was a need for activity in the neighborhoods. He would not like to choose one over the other, but felt Eugene could support at least three branch libraries in addition to the main one. He estimated a $5 million cost for the main library, but had no estimate of cost for branches. However, they might be set up in shopping centers and it might be possible that space would be donated. I. Manager's Office: No comments. . 2/1/78--5 ~1 ~ J. Parks: Mayor Keller asked Mr. Smith if he had any figure as to how much acquisition could be accomplished with the $5 million serial levy. Mr. Smith said that would be contingent upon two recent sales ~ which are being negotiated. After that time, he would have a better ,., estimate. He noted the acquisition process was being evaluated by the Joint Parks Committee. Mayor Keller questioned No.8, Renegotiate School-City Use Agreements. Mr. Smith said that referred to the joint use of playground areas, and every two years an in-depth study was conducted regarding the lack of facilities and the demand, with ways for better utilization. Manager noted as a result of some Federal regulations, there was less space available, and it was not known where that space would be made up. In response to a question from Mr. Obie, Mr. Smith said he estimated 35 percent of the acreage needed could be purchased with the $5 million. Mr. Delay questioned what was happening in terms of park planning and space develop- ment in the downtown central area of the City, noting the increased density will increase demand for park space. Mr. Smith said this is a high priority for the Joint Parks Committee. The circumstances of that area have been evaluated and some boundaries have been set to place priorities, with some recommendations being made at today's Joint Parks Committee meeting. K. Personnel: Manager noted the smallest department having the largest work plans. Ms. Smith wondered if it were realistic with the present staff that all of these goals could be accomplished. Manager said that problem is being assessed. L. Planning: Mr. Hamel questioned under No.3, Economic Development Studies, when action would be taken. Mr. Porter referred to Item ~ No.5, Westside Industrial Property Replanning, and said that would be the area where the Planning Department will first come back with a positive recommendation. M. Police: Manager said under No.1, Space Needs Short-Term, the problem exists with providing shooting range space; the area in the basement vacated by Data Processing was found not to be satisfactory. Mr. Hamel wondered how soon answers would be received, noting this prob- lem had been unresolved for quite some time. Assistant Manager said this would be worked through the budget process. Mr. Hamel said he thought the issue was ready to be resolved, and wondered why it was going through the budget process again. Assistant Manager replied the decision to make money available was a year ago. However, then space had to be found, resulting in some departments moving to the Parcade. However, that program completion ran three months behind schedule. Staff was just now gathering remodeling costs for the space in the basement and exploring other options. Ms. Smith said under No.3, Installing CQPS Program, she thought that program was going to be started last year. Chief Brooks said that was his plan until he realized the problem of providing the minimum service to the community with the personnel available. He said it was his decision to delay, but he hoped the program would be implemented late spring or early summer. The major problem was characterized 2/1/78--6 . ~ ~ e as not having enough people to respond to problems in the commu- nity. He reviewed a Kansas City plan in which 60 percent of the policemen's time was free to work on preventative patrol; the national statistic was 40 percent free time to respond to preventative patrol. In Eugene, less than 18 percent exists now. He said the department could not afford to take six men out of that group to form such a team. Assistant Manager noted the recruitment cycle of six to nine months process had to be considered. Also, the program could not be implemented before the budget was approved. In regard to the noise enforcement program, Mr. Delay questioned what plans t~ere were to extend that program to other parts of the City. Chief Brooks responded the Willamette "gut" ar:ea has most of the complaint, and therefore, the noise enforcement program is mor~ active there. He said it was a matter of enough equipment and specially trained people. Assistant Manager noted staff was looking at possible Federal grants for this item. N. tit Public Works: Manager noted under No.4, Secure Greater Highway Aid for 6th and 7th, Highway 99, and Ferry Street Bridge, staff and mayor had been very active in recent weeks. Don Allen said staff was in the process of trying to get the State to recognize the needs in the community, and there were no completion dates for those projects. Mayor Keller noted in the six-year projections, Eugene had been on no priority list. Sixth and 7th Streets are in dire need of repair, and the State was starting to get the message that they are responsi- ble for these repairs. Manager said as a result of the hearings last week, he understood the State is redoing the six-year program. Mayor Keller expressed thanks to staff for sharing its goals and work plans with Council, and commended the staff on its very fine work, noting the high esteem with which the City of Eugene staff is held in other parts of the State. A short recess was taken. Mr. Haws left the meeting. Manager said agenda Items III, IV, and VII, would be postponed to another meeting. III. Minority Commission Report on Krugerrand Sale Minority Commission Report and resolution dated January 23 distributed. e Marjorie Colcord, President of the Minorities Commission, said some members of the Commission were present to address the issue. Thurston Briscoe, Minority Commission member, directed Council's attention to Item 4, paragraph 4 of the resolution. He said the Commission felt this was an important issue in the community and therefore not a foreign issue. He quoted Congressman Jim Weaver, lilt is counter to our humani- tarian interests to approve--or by our silence, condone--investments by American corporations in South Africa which help perpetuate the Vorster government's outrageous policies." He felt if the City Council did not respond on this issue, it would be negligent. 2/1./78--7 ~, ..-; Lewis Merrick, member of the Minorities Commission, gave a descrip- tive review of his earlier life in St. Louis, living under an apartheid policy. He described how all blacks were forced to live in a fenced compound area patrolled by white persons. The blacks were excluded Qy law from interacting with whites, from participating in a suitable ~ human existence. He said it was important that Council realize the ,., apartheid policy was not a foreign issue, but a very personal one. He challenged the Council now has a chance to respond to the issue and cited the tragedy that the people who enforce the apartheid system in South Africa do not look any different than the City Council. However, City Council was in a position to take a stand and oppose such a system. He felt this was not an irrelevant issue, but one in which Council should be directly involved. He felt it important any action of complicity with apartheid to be repudiated by Council saying "no" to apartheid in any form, in any pl aceJ in any countr,}j at any time. Marion Barnes, 2417 Friendly Street, spoke on behalf of the Clergy and Laity Concerned. She said Council has not had adequate public information on the issue. She noted Thursday, February 2, a South African visitor would be in Eugene, and the City Council was invited to attend that meeting being held in the HCC Conference Room at 3:00 p.m. The group asked that the issue be carried over to a Monday night meeting for a public hearing, so that the public could make its concerns known. She said other cities, such as Denver, Chicago, and San Antonio, had passed such a reso- lution. Many other large cities in the nation are considering passing such a resolution. She felt it an appropriate issue for City Council to address. Mr. Bradley requested the issue be set over for a public hearing at the next Monday night meeting. Mr. Delay was concurring second. e Mr. Williams expressed being uncomfortable with the pUblic hearing sugges- tion. He doubted any of the Councilors would change their minds as a result of such a hearing. He did not feel any of the Councilors supported the behavior of the South African government or any apartheid society, but also questioned whether this was an appropriate issue for City government. Mr. Bradley said possibly the public input, could change opinions on the Council, and noted there were many people in the community who were interested in this issue. He felt the philosophical issue of this being a human rights issue was important and Council had been challenged to make a decision. Mr. Obie requested clarification on procedures, saying the public had its opportunity to give input to the Council today. It was his under- standing to hold it over would mean just Council action, and a public hearing requires a motion to that effect. Stan Long said the bylaws provide upon the request of two City Councilors an item can be continued to the next evening meeting for further discussion. Ms. Smith agreed with some of the comments of Mr. Williams, also noting her sympathy with the issue. However, she felt Council should address the real concern of whether or not international issues were issues which should be brought before Council. She requested Council discuss the allocation of its priorities and the appropriateness of the amount of time spent on certain issues. ' 2/1./78--8 e 10 ~ e Mr. Williams felt City business had a very high priority and Council should not be dealing in international issues, but leave those to the Federal government to set foreign policy. He felt this issue was beyond Council1s charge in the Charter, the Bylaws, and the Federal Constitution. Mr. Delay did not agree with the idea of Council appropriating time and priorities to issues. He said that indicates a notion of prior censor- ship and limits freedom of expression. He felt Council should deal with items as they come before it and should not start laying arbitrary rules as to what it would or would not consider. Mr. Long reminded Council no action after a request to set an item over means it goes to the next meeting. No action to call a public hearing means the item is before Council for final action. Council will consider the resolution at the Monday, February 13, meeting. Mr. Obie left the meeting. IV. Placing Human Rights Amendment Re: Sexual Orientation on May 23 Primary Election Ballot C. B. 1599--0rdering a special election to be conducted by Lane County Election Department the 23rd day of May, 1978; submitting to legal voters a referendum measure re: sexual orientation and repealing Ordinance No. 18080 was read by council bill number and title only, there being no Council member present requesting it be read in full. 4It Mr. Hamel moved, seconded by Mr. Delay, 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. Motion carried unanimously, and the bill was read the second time by council bill number only. Mr. Hamel moved, seconded by Mr. Bradley, 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 18108. V. Public Hearing: Street Vacation, Olive Street located between West 34th Avenue and West 35th Avenue, west of McMillan Street (C & H Properties) (SV 77-11) Recommended unanimously by Planning Commission November 21, 1977. Jim Saul, Planner, said this was an old street right-of-way which had never been improved. A subdivision is pending which will result in a better alignment of Olive Street and the existing right-of-way is no longer needed. Public hearing was held with no testimony presented. - 2/3}78--9 11 C. B. 1600--Vacating that portion of Olive Street located between West 34th Avenue and West 35th Avenue, west of McMillan Street was read by council bi 11 number and ti tl e only, there bei ng no Council member present requesting it be read in full. Mr. Hamel moved, seconded by Mr. Williams, that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considereo at this time. Motion carried unanimously, and the bill was read the second time by council bill number only. Mr. Hamel moved, seconded by Mr. Bradley, that the bill be approved and given final passage. Roll call vote. All Council members present voti ng aye, the bill was declared passed and numbered 18109. -- VI. Improvement Petitions Res. No. 2825--Authorizing initiating process for sanitary sewer construction on Oxbow Way and the westerly extension thereof from Sunshine Acres Road to 500 feet east was read by number and title. Mr. Hamel moved, seconded by Mr. Bradley, to adopt the reso- lution. Motion carried unanimously. Res. No. 2826--Authorizing initiating process for street paving on Adams Street between Sycamore Avenue and Lewis Avenue was read by number and title. Mr. Hamel moved, seconded by Mr. Bradley, to adopt the reso- lution. Motion carried unanimously. - Res. No. 2827--Authorizing initiating process for street paving, sanitary sewer, and storm sewer construction within Linmar Subdi- vision; sanitary sewer construction within 160 feet of the east margin of Linmar Subdivision was read by number and title. Mr. Hamel moved, seconded by Mr. Bradley, to adopt the reso- lution. Motion carried unanimously. VII. Approval of Minutes Mr. Hamel moved, seconded by Mr. Bradley, to approve Council minutes January 18 and 25, 1978. Roll call vote. Motion carried unanimously. Upon motion duly made, seconded, and passed, the meeting was adjourned to F~9;~ Charles T. Henry J City Manager ,,/ 2/1 /78--10 - DT:ng/CM7b1 12.