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HomeMy WebLinkAbout06/28/1978 Meeting , f M I NUT E S - EUGENE CITY COUNCIL June 28, 1978 ----- -~ Adjourned meeting from June 26, 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., June 28, 1978, at King's Table, Oakway Mall, with the following Councilors present: Ray Bradley (arrived late), Tom Williams, Eric Haws, Jack Delay, Scott Lieuallen, and Betty Smi th. Councilors Brian Obie and D.W. Hamel were absent. I. I terns for Mayor and Counci 1 A. June 27 Election Returns Mr. Delay expressed some confusion regarding the outcome of the election, noting the passage of the Civic Center bond measure and defeat of the City tax levy. He did not understand it nor did he feel comfortable with that outcome. With that kind of difficulty in getting a basic City budget passed, he wondered if it was responsible to further extend the City debt by building a Civic Center without the support of the community for basic city services. Ms. Smith was e pleased with the passage of a Civic Center project, noting it had been a major objective of the City Council. She wished Council to extend i~s thanks to Maurie Jacobs for the fine contribution he made. B. Economic Improvement Commission (EIC) Mr. Haws reported at a June 22 meeting, the LCOG Board, by a 7 to 5 vote adopted the EIC bylaws. It was consensus that the LCOG staff would pursue coordination and implementation of the EIC. Representa- tives will be selected from the various jurisdictions and lay-persons from throughout the community. He noted the success of the EIC depended a great deal on funding. Lane County has indicated it would provide $65,000, but it was the consensus of LCOG Board that funding and staffing should be a cooperative effort on the part of all juris- dictions involved. The various jurisdictions now will be observing the EIC operation to detennine their level of cooperation. Re,gardi ng membership, it will be primarily as before: each jurisdiction, one vote. Funding will be based on population. C. Ballot Measure 51: Civic Center Project Mayor Keller felt the Council owed a debt of thanks to many people who spent time, effort, and energy for passage of the ballot measure. Particularly he cited Les Anderson and the Civic Center Commission, and Maurie Jacobs. He expressed appreciation on behalf of the Council e for their efforts and felt they should be commended. He noted it had 6/28/78--1 Lfc I , . taken one year and 18 days to accomplish one of the City Council goa 1 s . He also commended the citizens in the community for supporting - the project and acknowledged Lane County Auditorium Association because they were responsible for keeping the project alive. It was detennined a fonnal recognition to Maurie Jacobs would be presented at the upcoming special awards ceremony. D. Budget Committee Meeting and Special Meeting of City Council Mr. Williams moved, seconded by Ms. Smith, to schedule a special City Council meeting Thursday, June 29, following the Budget Committee scheduled for 7:30 p.m. Motion carried unanimously. E. Council Meeti ng July 5 CANCELLED FOR LACK OF QUORUM. F. Home Rule Litigation Manager announced the Oregon Supreme Court had granted a rehearing on the Home Rule question, noting this to be a favorable step for the City of Eugene. G. Council Assistant Projects--Memo distributed. Manager noted reports on individual items were available for distribu- tion to Council upon request. e Mr. Bradley arrived. H. Change in Agenda Manager said Item VIII: Systems Development Tax Ammendment, would be delayed since Mr~ Obie was not in attendance. Manager will consult with Mr. Obie to reschedule the item. 1. Eugene Renewal Agency Interview date scheduled for 11:00 a.m., July 12, Wednesday, in the McNutt Room. Manager noted four applicants had received four or more votes; three more applicants had received three votes. Mr. Williams moved, seconded by Mr. Haws, to interview the four top applicants. Motion carried with all Councilors present voting aye, except Mr. Lieuallen voting no. The four finalists selected were: Dan Childress, 1845-1/2 University; Fran Gnose, 2223 Olive; David Rowe, 160U Crescent Drive; and Steven Shepard, 1941 B West 17th. - 6/28/78--2 I Lf12. . tit I!. Adoption of City of Eugene Budget for Fiscal Year 1978-79--Memo distributed. Mr. Lieuallen requesteq the memo regarding the Parks and Recreation maintenance be supplied to the Budget Committee for its meeting Thursday. Loren Stubbert, Budget Officer, said the first ordinance simply declares the City's election to participate in State revenue sharing program for 1978-79, required by State law. The second ordinance will adopt the 1978-79 annual budget and authorizes the property tax levy. He said the ordinance incorporated last-minute changes primarily as a result of the appropriation of prior year's budget items. Because of the defeat of the property tax levy at Tuesday's election, the total City levy will be changed to $6,951,334, the amount the City is now authorized to levy. An ordinance amendment to refl ect acti on by the voters to prov'i de the correct property tax levy will be considered by Council following the August 8 election. The third ordinance levies a property tax of $284,000 in the downtown dev el opment di stri ct. The levy passed by a substantial margin at Tuesday's election. C.B. 1704 -- Electing to receive State Revenue Sharing funds distributed through the Oregon Liquor Control Commission Account for the fiscal year ending June 30, 1979; and declaring an emergency was read by council bill number and title only, there being e no Councilor present requesting it be read in full. Mr. Bradley 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 thi s time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Bradley moved, seconded by Mr. Delay, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18215. C.B. 17U5 -- Adopting the budget, making appropriations, determining and levying the annual tax for the City of Eugene for the fiscal year beginning July 1, 1978, and ending June 30, 1979; and declaring an emergency was read by council bill number and title only, there being no Councilor present requesting it be read in full. Mr. Bradley 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 thi s time. Motion carried unanimously and the bill was read the second time-by council bill number only. e Mr. Bradley moved, seconded by Mr. Delay, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18216. 6/28/78--3 '+'3 . C.B. 1706 -- Levying an ad valorem tax for fiscal year 1978-79 on the ownership of real property in the Downtown Development - District and declaring an emergency was read by council bill number and title only, there being no Councilor present requesting it be read in full. Mr. Bradley 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. Bradley moved, seconded by Mr. Delay, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered lB217. III. Transfers for Appropriation--Memo distributed. Manager noted all transfers applied to the current budget. Res. No. 2944 -- Authorizing transfer of non-contingency appropriations within a given fund between programs andlor object groups was read by number and title. Mr. Bradley moved, seconded by Mr. Delay, to adopt the resolution. Roll call vote. Motion carried unanimously. Res. No. 2945 -- Authorizing transfers of appropriations from General Fund - to Transient Room Tax Fund and within the Transient Room Tax Fund for the purchase of a modular play structure for the Downtown Mall was read by number and title. Mr. Bradley moved, seconded by Mr. Delay" to adopt the resolution. Roll call vote. Motion carried unanimously. Res. No. 2946 -- Authorizing transfer of appropriations from General Fund to the Sewer Utility Fund for the purchase of a pick-up truck for Public Works was read by number and title. Mr. Bradley moved, seconded by Mr. Delay, to adopt the resolution. Roll call vote. Motion carried unanimously. IV. Calling Public Hearings August 2, 1978 Re: Street-Easement Vacations C.B. 1707 -- Calling pUblic hearing August 2, 1978 re: Street vacation located between Danebo Street and Candlelight Drive (Wilder) (SV 78-10), retaining public utility easement was read by council bill number and title only, there being no Councilor present requesting it be read in full. e 6/28/78--4 *,~ I ~ Mr. Bradley moved, seconded by Mr. Delay, that the bill be read e 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. Bradley moved, seconded by Mr. Delay, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18218. C.B. 1708 -- Calling public hearing August 2, 1978 re: Easement vacation located south of Bell Avenue, between Davis Street and Wellington Street (Dutka) (EV 78-2) was read by council bill number and title only, there being no Councilor present requesting it be read in full. Mr. Bradley 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. Bradley moved, seconded by Mr. Delay, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18219. C.B. 1709 -- Calling public hearing August 2, 1978 re: Easement vacation e located from Dillard Road south to Fox Hollow Road, west of the intersection of the two roads (Welch-Nesbitt) (EV 78-3) was read by council bill number and title only, there being no Councilor present requesting it be read in full. Mr. Bradley 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. Bradley moved, seconded by Mr. Delay, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 1822U. V. Improvement Peti ti O'ns Res. No. 2947 -- Authorizing initiating process for paving Broadview Street from Hawkins Heights Boulevard to Sunrise Boulevard (440) was read by number and title. Mr. Bradley moved, seconded by Mr. Delay, to adopt the resolution. Motion carried unanimously. e 6/28/78-- 5 ~'5 , ~ Res. No. 2948 -- Authorizing initiating process for street paving on Jessen Drive from Highway 99N to 180 feet west of e Elizabeth Street (1064) was read by number and title. Mr. Bradley moved, seconded by Mr. Delay, to adopt the resolution. Motion carried unanimously. v!. Segretation of Assessment Located south side of Barger Avenue approximately 200 feet east of Danebo; School District #52, 4640 Barger Drive (by Richard Jones), SE 78-02 Mr. Bradley moved, seconded by Mr. Delay, to approve the segregation of the assessment. Motion carried unanimously. A short recess was taken. VI!. Willakenzie Island Annexations: Status Report--Report distributed. Manager said Council action today would be a motion approving Planning Commission initiating a study and hearings on the island annexations. He noted the Council would be considering a change in policy from previous annexation processes in that the City would be initiating major annexations and may be encountering considerable opposition. James Bernhard, President Planning Commission, said during the past six months the Planning Commission had heard a number of annexation . requests in the Willakenzie area. All were island annexation requests. He said during the hearings it was determined there was need to study annexations within the Willakenzie area. Planning Department staff was asked to prepare a report, with the Planning Commission receiving that repo rt . The Commission held lengthy discussions and unanimously recom- mended the attached report should be approved by Council before the Planning Commission proceedS any further in a study of these annexations. He said if action were taken by Council, there were several critical factors it should be apprised of. One, he noted a basic change in City policy. Annexations usually are done with the approval of property owners. Island annexations cannot be remonstrated by the property owners. A second concern was that annexations were usually brought before the Planning Commission because of a need for development and a need for basic City services such as sewers. The concern raised was: Is thi s the only reason for consideration of annexation? He noted the City provides many other services to its citizens such as schools, playgrounds, fire protec- tion, etc. The attendant cost of such annexations is a large problem to be considered. If these areas were to be considered for annexation, the Ci ty shoul d have an orderly growth and orderly boundary. He noted fu rthe r there is opposition to this kind of action, but noted the people in these unincorporated areas are enjoying some City services at the expense of those living within the City who are paying for those services. e 6/28/78--6 "41'- I ---- ---_.~..__.- , Mr. Bernhard said the Planning Commission would not take any action e on any kind of annexation of this scope unless it were approved by the City Council. If Council did give approval, the process would take approximately two years before the entire eight island annexations would be completed. He reitereated this was a major change in the City po 1 i cy . Mayor Keller expressed appreciation for the fine report which was prepared by the staff. Mr. Delay wondered how the two-year time frame was arrived at, and wondered if each island had to be considered separately. Mr. Bernhard said the Planning Commission would want to look at each in its own right and not lump them all together. Another concern expressed was not wanting to create an unnecessary tax burden if all were annexed at one time without City services being immediately available. He further explained the Planning Commission did not look at the report as precon- ceived that all parcels would be annexed. However it was hoped that eventually all would become part of the City at some future time. Planning Commission will initiate the annexations and hold public hearings; a recommendation would go to the City Council for further pUblic hearing; with a final recommendation and approval made by the Boundary Commission. In response to a question from Mr. Haws, Mr. Saul said there would be in excess of 500 acres involved. Mr. Haws felt the annexation should be done at one time to save staff time and effort. Mr. Saul said, in e addition to those remarks made by Mr. Bernhard, that the City would be trying to give proper attention and scrutiny to each area with different circumstances existing in each area. Staff wished to allot enough staff time and Planning Commission time to partially and fully developed areas to listen to their concerns. Secondly he said there will be other fairly major issues to come before the Planning Commission such as the Growth Study and the 1990 Update. It was hoped by scheduling the annexations individually, the Planning Commission would have additional time to work on these maj or items. Mr. Williams acknowledged that there would be con- siderable opposition. His advice to the Council was to listen carefully, and then annex all areas. He felt there was no logic in having a City with uflincoroorated areas inside city boundaries. Mr. Delay recognized the special considerations to be given regarding parcels 3, 4, 5, and 6. However he wondered if there was any reason why the remainder could not be considered at one time, noting he was in favor of comprehensive planning and equity of the tax base. Mr. Saul said background work would be provided to the residents, and meetings with those residents would help assess their concerns and explain the City's position. He noted if all were done together, it would present some major staffing problems. Mr. Lieuallen felt this was an exercise in chicanery, bascially a political tactic on the part of the City to attempt to pacify residents. He felt the residents had no choice in the annexations. John Porter, Planning Director, said a uniform service level was not available for all those - areas. The time frame for providing those services is unknown at this 6/2'13/78--7 "'1' I time. It was felt the residents should know more about City processes of development, and some land areas will require phasing and timing. However e staff does not yet know what that time frame would be. The Planning commission will be looking at a priority list for the annexations and perhaps Council would wish to review that priority list. He noted the City was not ready to accept all of the annexations at one time because the service level is not available. He also mentioned the Boundary Commission will insist the City provide information as to how services will be provided for these areas before they are annexed. Ms. Smith hoped Council would provide staff and the Planning Commission with the flexibility needed. Mr. Bradley noted he was not sure he favored or opposed the annexations. Mr. Haws wondered if the Planning Commission and Planning staff could consider all the annexations in stages, but present them at one time for consideration by Council. Mayor Keller said generally speaking, because of the planning process and city policies, it seemed Council was saying it agreed that these areas should be annexed. However, recognizing planning had not been done and there was a time factor involved, Council would have to allow for those circumstances. Mr. Haws moved, seconded by Ms. Smith, to authorize the Planning Commission to proceed with the study and hearings for annexation of the Willakenzie islands areas. Mr. Saul noted if Council were to approve the motion, the Planning Commission would be setting a priority list. That priority list will be e presented to Council to indicate how the Planning Commission wishes to approach the issue. Vote was taken on the motion, which carried unanimously. VII I. Review of Hearings Official Process Re: PUD 6onsiderations--Report distributed. ,- - Mr. Bernhard said last September the Council had approved the transfer of PUDs to a hearings official from the Planning Commission, and wished a review of that process in six months' time. This report was in response to that request by Council. The Planning Commission had heard a report, interviewed the Hearings Official, and during the six-month interval had attended the PUDs hearings. The Planning Commission was basically pleased with the way the Hearings Official was handling the hearings. He noted of the 18 PUDs heard, about 11 did not have any public input. Of those 18, two were appealed to the City Council. One PUD is still pending and one was denied; 14 were approved. The Planning Commission agreed the process of the Hearings Official should be continued. It allows the Planning Commission more time for basic planning of policies and implementation; and the general public is served better by a single person. e 6/28/7'd--8 "'18 I --- " . Mr. Delay said the report indicated Mr. Spickerman was doing an excellent e job, but noted a question raised as to what would happen if Mr. Spickerman left the position. He wondered to what extent there could be confidence placed in the structure of the system rather than in a person. Mr. Bernhard said there were a number of capable people who could do the job. However, they would have to be trained. Mr. Lieuallen expressed concern about confidence in the system and not in a person also, and wondered if it was basically a good system. Mr. Bernhard said any interested citizen of the City could become a hearings official. He noted it took interest in the issues and understanding of the goals and policies of the City. Mr. Saul said in some ways it is difficult to properly evaluate the system because Mr. Spickerman is doing a good jOb. However, that should not be cited as the sole reason why this system works well. Some addi- tional factors to be considered were addressed. He noted the ease of scheduling a greater number of meetings per month, thus allowing fewer items on the agenda for each meeting. This offers greater access to the issues and more time to delve into the issues raised. A single person can engage in discussion and ask questions that directly respond to issues raised during the hearings. The requirement that the Hearings Official provide a written decision inclUding reasons why the decisions are made was an additional benefit. He noted all the above make the system more accessible to the pUblic. Mr. Delay congratulated the Planning Commission on the excellent job it was doing, noting the Hearings Official was an extension of that process. e He wondered if the Hearings Official provided adequate feedback for the Planning Commission. Mr. Bernhard said it is very good feedback. There are reports made to the Planning Commission about everyone and one-half months. which provide the Planning Commission with information regarding areas that are being developed and the kind of development involved. He said the Planning Commission did not have that information before. If there is interest in more detailed information from these reports, that information can be supplied by the Hearings Official. Mr. Bradley moved, seconded by Mr. Delay, to accept the Planning Commission's report regarding the Hearings Official process on PUDs. Motion carried unanimously. IX. Approval of Mi nutes Ms. Smith moved, seconded by Mr. Delay, to approve Council minutes June 21, 1978. Roll call vote. Motion carried unanimously. X. 1990 Plan Update Mayor Keller reminded Council the update report was to be distributed tonight at a joint meeting between MAPAC and MPPC at Harris Hall. e 6/28/78--9 "+1Q - -' . XI. Salary for City Manager Mayor Keller distributed to Council information regarding salaries and e requested authorization for a 6.5 percent increase for the City Manager for 1978-79. Mr. Haws moved, seconded by Mr. Delay, to approve the salary increase of 6.5%. Motion carried unanimously. Upon motion duly made, seconded and passed, the meeting was adjourned. ~HZ~ City Manager DT:sp/CM7a15 e -- 6/28/78--10 480