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HomeMy WebLinkAbout05/24/1978 Meeting . e .e M I NUT E S EUGENE CITY COUNCIL May 24, 1978 Adjourned meeting from May 22, 1978, of the City Council of the City of Eugene, Oregon was called to order by Council President D. W. Hamel at 11:30 a.m., May 24, 1978, King's Table, Oakway Mall, with the following Councilors present: Tom Williams, Jack Delay, Scott Lieuallen, Brian Obie, and Betty Smith. Mayor Gus Keller and Councilors Eric Haws and Ray Bradley were absent. I. Items From Mayor and Council A. Agreement between ESP and City re: Building in Westmoreland Park-- Mr. Lieuallen requested Council reconsideration of the issue, as he had heard zoning was inappropriate and the site was not intended for that use. He requested information as to the proposed facilities) their appearance, and how soon construction would begin. B. Budget Committee Meeting--Ms. Smith and Mr. Hansen are co-chairing the efforts of the Budget Committee to get passage of the City budget June 27. She requested all Councilors contact Budget Committee members to meet Friday, June 2, noon, in the McNutt Room for preparati ons. C. Systems Development Tax--Mr. Obie requested Council's support in asking JHC to explore suggestions for alternate applications of the tax. Mr. Delay felt it might be an appropriate vehicle, but noted the JHC had taken a stand against the tax. He doubted also there could be anything done to avoid the front-end charge. Mr. Obie said he had the other areas of concern regarding the tax in mind for review, that if possibilities for avoiding that charge could be found it would be helpful. He felt City Council simply did not have the time to explore the possibilities. Mr. Obie is Council's presen- tative on the committee. Mr. Williams felt it fine for JHC to review possibilities, noting Council could do what it wishes with the materials presented from JHC. Mr. Williams moved, seconded by Mr. Obie, to request JHC to look at possible alternate applications in the systems develop- ment tax. Motion carried unanimously. 5/24/78--1 3r'f D. Liti~ation re1arding Bethel Water District--Assistant Manager noted in t e early 960's the Bethel Water District was absorbed by EWEB by a contract that said EWEB would continue to provide service. A map was distributed outlining the area in concern. In an effort to clarify the boundaries to be served, EWEB, and the Lane County Boundary Commission have been involved in litigation. The issue involves whether or not the contract and its obligations require water service no matter how the land is zoned or used. Land in concern was west of Highway 99, which is agricultural in use), and there are a number of City policies that have changed since the contract was signed. Staff feels there is need to seek some better balance between the contract and general City policies. Staff was asking Council's authorization to seek a modification of the Court of Appeals' decision. Cost would be $3,000 to $5,000 in attorney time. . There were several options open for Council: As separate parties, seek a rehearing; address the issue in the 1990 Update to ensure the land in question remains in agricultural use; or City could seek administrative review of Lane County actions regarding land use. He said none is exclusive and all three could be pursued simul- taneously. If the Court of Appeals' decision remains, the City's authority to limit water extension might be reduced. Thus staff would like to seek modication of the opinion and perhaps pursue insurance that the land remain agricultural in use. Mr. Delay wondered what EWEB had been failing to argue that was ~ important to the City. Assistant Manager said EWEB feels bound ~ and liable under the contract should property owners sue if they fail to provide water service in the entire district. Lane County Boundary Commission argued that it has State-mandated authority to control extension of water services. The court decision was in favor of EWEB. However, the City wishes the court to clarify for it the bounds of the contract versus various City policies, so the Citj is not in a position of extending water service to agricultural land. The language in the present contract seems to say that any part of that land has to be served at any time. There needs to be modi- fication of such broad language for liability, with a balancing of interest to preserve the contract rights but protect the author- ity of the City Council over water extension. This would be the most direct way to accomplish such, rather than on a case-by-case basis. He said Council's practice of controlling urbanization included the water extension policy and land-use controls. The decision, as it stands, would remove the water extension policy from having any application within the confines of the Bethel Water District. - 5/24/78--2 ~o - -- Stan Long, City Attorney, reviewed the issue. The contract in 1960 indicated EWEB would take over water services. In 1973, the Boundary Commission statutes were amended to require that the City cannot extend water ,lines extraterritorily. EWEB has a contract that says it will do just that. The Boundary Commission claimed it could not. The question arose whether the applicant had to go to the Boundary Commission or to EWEB to seek water services. Boundary Commission argued it superseded EWEB; EWEB and the City argued it would abide by the contract. The court decision said the City and EWEB should abide by the contract. Staff was suggesting seeking a supreme court ruling to decide the conflicting policies that carne out of that decision. The plaintiff is the Lane County Boundary Commission and defendents are EWES and the City. The plaintiff is asking the court to order no water hookups in sites in the old Bethel area without Boundary Commis- sion approval. EWEB argued it had a contract and felt it should abide by that contract. The City is arguing it has a contract and a water policy which are at odds, and wishes the court to give clarification so it will not breach the contract or violate State law. e Mr. Lieuallen said the water and sewer extensions were critical to City control of the boundary extensions. He did not want to lose that control and felt Council had a responsibility to be involved. Mr. Obie was concerned regarding the moral and legal obligations created by the initial contract. Mr. Delay felt the situation was not a yes or no issue, but more a land-use planning question. It was more an issue of not denying access to water usage and making use of that service consistent with public policies. Ms. Smith moved, seconded by Mr. Delay, to authorize staff to file the appeal for clarification. Mr. Obie requested a written brief be provided to Council and dis- cussion at one more Council meeting before the filing. Mr. Long said this was an extremely unusual situation in that the City tech- nically won the case. The City is not really in a position to appeal. The Attorney General is, and is anxious to do so, if the City provides some support. He said once authorization to proceed is given by Council, there would not be much opportunity to stop the procedure. Vote was taken on the motion which carried unanimously. E. Introductions--Manager introduced, from Visalia, California: Ted Gaebler, Manager; Greg Dowds, Planning Director; and Ken Davenport, Pub 1 i c Works Di rector. - 5/24/78--3 3" F. Arran ement for Wednesda Council Meetin s--Manager distributed memo ln lcatlng consideration of ways to improve the ability of .... the audience to hear the City Council. He noted the cost of the ~ present arrangement was $50 per week. It seemed the best solution would be use of a portable public address system with microphones for City Council and microphone jacks for the news media, with an estimated cost of approximately $2,100. Mr. Obie wondered about the possibility of meeting at another res- taurant with adequate accommodations. Alice Rutter, Community Relations Director, said she had assessed that problem every 18 months for the past five years. Considerations had to be given to the choice of menu, flexibility of the number in attendance, space for graphic presentations, and news media hookups. The Finance Department had surveyed the possibility of this portable public address system which could also be used in the City Council chambers as an auxilliary system. It was affirmed that staff should proceed with the acquisition of a portable public address system. G. Youth Commission--Memo from Youth Commission indicating Robert Stratton had missed three meetings and by Commission bylaws should be replaced. The alternate was Anthony Wright. Mr. Williams moved, seconded by Ms. Smith, to accept removal of Mr. Stratton from the Commission for unexcused absenses, and to appoint Anthony Wright to fill the position for a term ending ~ 1-1-79. ~ H. ERA Applications--Manager reported the ERA application closing date is Friday, with only three applications received. There are two vacancies. He suggested continuing publicity for the two vacancies. Mr. Williams moved, seconded by Ms. Smith, to extend ERA appli- cation deadline to Friday, June 23, 5:00 p.m. II. Field Burning--Press release distributed 5-17-78. Stan Long, on behalf of the members of the staff who have been working on the field burning aspect of Eugene's Clean Air Program, reported the present posture of the efforts. He noted there was an EQC meeting scheduled Friday, which would include the opportunity for the commission action to resubmit a one-year interim control strategy proposal to the EPA. EPA suggested discussion by interested persons, and that the State give increased consideration to four items: 1) Revisions of the south priority burning rules; 2) moisture restrictions; 3) backfiring or strip lighting; and 4) acreage reductions. Thus, staff has been meeting with representatives of the seed industry to seek a compromise. The discus- sions had been mutually beneficial. A compromise agreement was not available for Council action at this time because the seed industry has - 5/24/78--4 3'~ - not fully evaluated all of the probable affects on it of such a set of rules and regulations. For the time being, the City must attempt to persuade the EQC to require some actions that will improve Eugene's air qua 1 ity. In summary, he requested authority from Council to urge the following points to the EQC and, if necessary, to the EPA: 1) That there be improvements in the monitoring program to be put in place during this burning season; 2) that all annuals and bent grass perennials be back- fired/striplighted and tests of the aff~cts of such burning practices be conducted on perennials; 3) that moisture control restrictions of between 15 percent and 20 percent be in effect throughout the season; 4) that there be a revision of the south priority rules to ban the practice of permitting intrusions into Eugene of smoke from the north winds; 5) that there be a ban on the north wind burning of fields in the Silverton Hills area; 6) that there be an increased use of good burning days to burn whatever amounts are authorized; 7) that there be an acreage release system (a system that ties the amount of burning to air quality as measured by objective, scientific instrumentation). e If the foregoing restrictions were accepted, it would be justified to hold back as few as 30,000 of the 180,000 acres at the beginning of the season. The additional acres could be burned if there was a suf- ficient improvement in Eugene's air quality. If, on the other hand, the other restrictions are not accepted, more significant acreage reduc- tions would be required. The acreage release system is an important part of the overall program because it represents some hope of removing the issue from political consideration of acreage to resolving questions about when and how much to burn in terms of air quality. It was further recom- mended that staff be permitted to advise the EQC that their failure to consider an acreage release system would be viewed as requiring Eugene to pursue all available means to enforce the existing Federal limitation. It was recognized the 50,000-acre limitation may exist for only one year, but that it was very important that the resolution of the controversy be removed from an essentially arbitrary political arena. Mr. Delay moved, seconded by Ms. Smith, to give authorization for staff to proceed. Motion carried unanimously. III. Response to River Road/Santa Clara Letter--Letter and draft response distributed. Jim Saul, Planner, said the draft response was based on the position City Council took May 11, 1977, regarding annexation and exten- sion of water and sewer service. Regarding the specific questions raised by the Lane County Commissioners, question No.4 dealt with the creation of a special service district to provide water and sewers without annexation. The response, as drafted, would be that the City would oppose such but would encourage willing annexation. Regarding question No.1, consideration of River Road and Santa Clara being treated as a unit, the draft response indicated the City would consi- der a variety of options, i.e., looking at River Road or Santa Clara e 5/24/78--5 .3'3 each as an entity. However, it did not indicate the City was taking ~ a position that one should and one should not be annexed if water were ~ provided. Regarding question No.2, urban services essential under the various options for annexation, the draft response related the types of services, level of services, and rates. Regarding question No.3, whether or not the City would consider alternative financing arrangement (i.e., tax increments or bancrofting), the draft cited the City would be willing to consider a variety of possible solutions such as graduated tax rate over a period of up to ten years. The draft did ask that Lane County assume the financial responsibility for any difference in rates to provide funds for the City to provide services in the area, or the City could establish a special district and earmark funds for improvement in that area. However, Mr. Saul noted there might be one limitation in that home rule authority would be used for formation of such a district, and home rule is now in litigation in the courts. He reiterated the draft response was consistent with the policy state- ment Council adopted May 11, 1978. He also noted for Council this is a very early stage of discussion with the task force and could not be considered the final definitive statement of precise strategy. Mr. Delay moved, seconded by Ms. Smith, to authorize sending the response to the task force. In response to a question from Ms. Smith, Mr. Saul said it was assumed the Citizens Task Force would be able to use some of the recommendations as a starting point for discussion with Lane County. It was assumed ... staff would then respond further to either Lane County or the Citizens .., Task Force. Assistant Manager noted the staff had been meeting with the task force in discussing various items. Until matters become more specific, it is difficult to respond with any more specificity. However, staff is open and ready to work with them at any time. Mr. Obie suggested it might be a good idea to have an assigned staff person to work with this task force. He also expressed concern regarding the piecemeal approach to annexation. Mr. Saul said there might be some merit in treating River Road as a distinct entity from Santa Clara. Beyond that, however, there will have to be further dialog before consi- dering further fragmentation. Mr. Saul continued that the impression of the letter was to let the Task Force know the City is willing to consider a variety of options, but that judgment will have to be based on certain specific things. In response to Mr. Obie's question, he said if Council felt that was not the impression given by the letter, perhaps it should direct staff to rework that section of the letter. Mr. Delay felt the letter set a . tone for further consideration, noting the City is taking a highly responsive and highly responsible position. Vote was taken on the motion, which carried unanimously. It 5/24/78--6 3'''' e e - IV. Adopting Whiteaker Refinement Plan--Memo, exhibits, and resolution distributed. Manager said the resolution reflects the changes made by Council at its May 8 meeting. Pat Decker was available to answer questi ons. Res. No. 2899--Adopting Whiteaker Refinement Plan and amendments thereto was read by number and title only. Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Motion carried unanimously. V. Change of Procedures re: Liquor License Applications--Memo distributed. Manager said the proposed resolution would provide administrative approval of routine liquor license applications, which would include annual renewals, change of ownership, adding or dropping partners, or change of corporate officers. He noted the resolution, as drafted, would provide for Council consideration of greater privilege and administrative approval of change of location. He felt those should be interchanged. The purpose of the resolution was to expedite Council.s business by eliminating some of the routine matters from the agenda. Appeal from any administrative decision would go to the Hearings Panel, whose action would be final. It was consensus of Council that the resolution should provide for admini- strative approval of greater privilege, and Council approval of change of location; that appeal to the Hearings Panel would go through the normal process by omi tti ng "Hearing Panel Action woul d be fi nalll . Thus, the appeal would go through the hearings panel and on to Council for final approval. Res. No. 2917--Establishing procedures for recommendations on liquor license applications was read by number and title. Mr. Delay moved, seconded by Mr. Williams, to adopt the reso- lution. Motion carried unanimously. Mr. Lieuallen said he had attended the Governor's Task Force regarding OLCC restructuring held May 19 in Eugene. He felt the session was very productive, and some of the issues addressed were: 1) Balance of State and local authority; 2) enforcement, i.e., is it arbitrary, selective, should it be given to another agency; 3) the need for OLCC to establish clear criteria for application; and 4) expansion of the quota system. VI. Code Amendment re: Business License Application Review and Appeal Procedures--Ordinance distributed. Manager said this was another item to relieve Council of administrative details. The ordinance would apply to all general City business licensing processes, ranging from ambulances to vehicle wreckers to weapon dealers. The new ordinance would establish a new appeal procedure directed to the City Manager rather than Council, as previously requested by Council. It would establish specific review criteria for business license applications, clarify that failure to supply 5/24/78--7 .3'5 valid information will result in suspension or denial of license, and establish that a license renewal will be denied if licensee no longer meets criteria for issuance of license. One difficulty under the current ordinance is that suspension of a license does not go into effect until the notice is received by the licensee. The new ordinance addresses that by saying the suspension notice can be delivered to the license business address on the licensee's application, thus creating sufficient suspension notice delivery. Mr. Flogstad explained that under Section 3.055 the grounds for denial would be printed on the application itself. Mr. Williams questioned what "misleading" information meant. Sergeant Mel Olson, of the Police Depart- ment, said it was directed to failure to disclose prior criminal history of a significant nature. In subsequent discussion, it was suggested that, on the face of the application in bold print, it be stated that failure to provide complete information or false or misleading information would be basis for denial. e C.B. 1691--Regarding business licenses; amending Sections 3.050, 3.055, 3.065, 3.070, 3.075, and 3.080 of Code, 1971; adding Sections 3.042 and 3.067 to Code; and declaring an emergency, was read by number and title only, there being no Councilor present requesting it be read in full. Mr. Delay moved, seconded by Ms. Smith, 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. Delay moved, seconded by Ms. Smith, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18197. VII. Improvement Petitions--Manager requested Council's approval of reading the resolutions by number only. Consensus of Council was for this pro- cedure to be followed on routine resolutions and ordinances. Res. No. 2918--Authorizing initiating process for street paving, sani- tary sewer, storm sewer, and pedestrian way construction in Seychelles West III Subdivision (1543) was read by number and title. Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Motion carried unanimously. Res. No. 2919--Authorizing initiating process for street paving, sani- tary sewer, and storm sewer construction in Garden Meadows Subdivision; and street paving on Crescent Avenue from the west boundary of Garden Meadows Subdivision to 300 feet west (1542), was read by number and title. 5/24/78--8 3<f~ - e Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Motion carried unanimously. Re s . No. 2920--Authorizing initiating process for street paving, sani- tary sewer, and storm sewer construction within Garfield Heights Subdivision; on Hayes Street from 25th Avenue to 25th Place; and on Garfield Street from 25th Place to approximately 300 feet south (1563), was read by number and ti tl e. Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Motion carried unanimously. Res. No. 2921--Authorizing initiating process for street paving, sani- tary sewer, storm sewer, and pedestrian way construction within Hollinger Plat and street paving on Nebraska Street adjacent to Hollinger Plat (1456), was read by number and ti tl e. Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Motion carried unanimously. VIII. Approval of Minutes-- e Mr. Delay moved, seconded by Ms. Smith, to approve Council minutes May 17, 1978. Roll call vote. Motion carried unanimously. A short recess was taken. IX. T-2000 Work Session--Manager said this discussion would center on issues from the joint meeting May 18, with no action required by Council at this time. The T-2000 Plan will appear on the June 7 Council agenda. A possible joint meeting is scheduled for Thursday, June 15, if Springfield and Lane County cannot work out their differences before that time. Jim Farah, Planner, said in regard to the transportation planning, staff would recommend that Council include in its final adoption the compromise wording on the transit goal as proposed by Mayor Keller. Regarding the Lorane Highway, staff has been working with the members of the Crest Drive Neighborhood Association. Staff would recommend inclusion in the final adoption a statement that detailed design for the Lorane Highway should respond to the local concerns, if appropriate. Regarding the two facilities discussed at the last joint meeting, Mr. Farah said Council could include recommendations in the final adoption or include those in the annual review next year. In regard to the proposed interchange of 30th and Spring Avenue, staff recommended a statement be inserted that through access not be allowed to the north e 5/24118--9 3" of the project. In regard to the Laurel Hill Valley connector and Glenwood interchange, traffic would be allowed to Augusta Street. The 4It Fairmount Neighbors are working with staff regarding the possibility of creating the necessary connector. Staff feels it is possible. It would connect with 1-5 as opposed to coming down the valley to Franklin. Regarding the Spring interchange at 30th, Mr. Lieuallen wondered what its function would be. Mr. Saul said it would provide safer access to the south. Ms. Smith felt a definite recommendation on 30th and Spring should be made by Council stating it is strongly opposed to access on 30th to the north through the residential area. She cited the danger of the extremely narrow streets and destruction of the character of the neighborhood. Mr. Lieuallen agreed, except he noted there is an area of potential development at the end of Spring, where an old dirt road now exists out to 30th. He felt if that area were annexed and developed, there should be access to 30th rather than down Spring. Dave Reinhard, Planning Engineer, said the staff would want access to that area. Another concern was for emergency access, which might be worked out by providing a bike path that would not be open to through traffic, but only for emergency use. Ms. Smith again requested such a statement from staff in regard to this connector so Council could incorporate it into the final recommendations. Mr. Obie complimented staff on its work with the neighborhood in regard to Lorane Highway, noting a plan was developed in which the neighbor- hood, as well as the entire city, would benefit. - Mr. Obie moved, seconded by Ms. Smith, that the statement presented by Mr. Farah regarding Lorane Highway be included in the transportation plan. In a procedural question, Mr. Delay wondered technically if this was just ensuring that language be included in adopting or if this actually was changing the T-2000 Plan. Mr. Farah said it would ensure inclusion of the statement in the Plan. Vote was taken on the motion, which carried unanimously. Ms. Smith commended staff for its work with the Fairmount neighbor- hood group. Regarding Laurel Hill, Mr. Farah said a proposal has been reached with which the neighborhood feels comfortable, but there would be major pro- blems, i.e., getting rights-of-way. He noted that as a future concern that would be coming before Council in the implementation process. - 5/24/78--10 3'8 . e - Regarding the 30-30 Connector, Mr. James Bernhard, President, Planning Commission, said the Commission had spent considerable time looking at both the TPC and Community Meet proposals. After considerable study, the Commission recommended that the point of connection be at Bloomberg Road and that it be a limited access facility. Ollie Snowdon, L-COG, said in the original Community Meet proposal, the 30-30 Connector would go from 30th Avenue to Main Street in Springfield. Springfield was talking about extending it from Main to Marcola. At the joint meeting there was talk of extending it to Jasper Road. TPC is recommending that 57th Street be studied further and be addressed at the annual update, and it recommended Tuesday that the component phasing remain as originally proposed in the plan. He said there was definite need for access control. Lane County was proposing redesign of the interchange of 30th/ McVay/I-5 that would add another ramp to Lane Community College, therefore elimi- nating the need for Bloomberg Connector. The State is rejecting that solution that would have eliminated Bloomberg Connector. In regard to the extension to Jasper Road, Mr. Delay wondered if the modeling did not establish a transportation problem on that route, and whether the study will ensure that is an accurate projection. Mr. Snowdon said the study would validate projections and see if addi- tional need is created for the facllity. Mr. Delay spoke to the notion that there are from each of the jurisdictions accelerated projections for moving into the phasing. The rationale was that if Service Level E developed, it would take an amendment to the plan to move into the phasing, if funds were available. He felt it irresponsible to add those to the near side of phasing plan if no money was available. Mr. Williams left the meeting. Mr. Snowdon then spoke regarding air quality and the plan, noting Council would be facing the issue early this fall. The Federal Highway Admini- stration requires that every transportation plan be consistent with State implementation programs in effect. The Clean Air Act, passed in 1977, updated the old Federal Highway requirement because it requires more detail. It resulted in EPA having more power to require all areas that are not in compliance perform ,more detail in air quality control. There- fore, the City will have to design transportation air control strategies if it exceeds the limitations in 1983. It must be adopted in legally- enforceable form. Otherwise, EPA will mandate implementation of the strategies and could withhold sources of Federal funding. Mr. Snowdon said TPC is now in the process of monitoring air quality, but it is not known how severe the carbon monoxide or photochemical oxidents problems are; and there is not the local monitoring equipment available to make future forecasts regarding photochemical oxidents. Finally, there is no known acceptable method that is cheap and accurate to determine carbon monoxide concentration. 5/24/78--11 3'. The Federal Highway Administration still requires air quality consistency . programs, and the area must perform an analysis. TPC will recommend a statement now that air quality consistency is not determined but will be consistent by the end of the year. Further, if the auto industry meets national emission controls, it will help. Many of the control strategies are in the T-2000 Plan. It was not felt that the carbon monoxide problem is that great but that it could not be handled without inspection and maintenance performance. Mr. Delay said the air quality problem for the transportation plan is a separate issue from the Citizen Air Quality Committee consideration of total suspended particulates. However, he felt TPC should be cogni- zant that long-range transportation is a photochemical oxident problem and related to suspended particulates. Also, there is the long-range problem dealing with intrusion from other portions of the valley of all forms of air pollutants. President Hamel noted minutes of the joint meeting May' 18 would be available for Council. Upon motion duly made, seconded, and passed, the meeting was adjourned to May 31, 1978. Ch~ )~ Ci ty Manager e DT:so/CM7a14 .e 5/24/78--12 '"100