HomeMy WebLinkAbout07/12/1978 Meeting (2)
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M I NUT E S
e EUGENE CITY COUNCIL
July 12, 1978
Adjourned meeting from July 10, 1978, of the City Council of the City of
Eugene, Oregon, was called to order by His Honor Mayor Gus Keller at 12 noon,
July 12, 1978, King's Table, Oakway Mall, with the following Councilors present:
D.W. Hamel, Eric Haws, Scott Lieuallen, and Betty Smith. Councilors Ray Bradley,
Tom Williams, Jack Delay, and Brian Obie were absent.
Lacking a quorum, it was necessary for those Councilors present to form a
committee of the Council to make recommendations for Council approval July 19.
Mr. Hamel moved, seconded by Ms. Smith, to form an ad hoc
committee to conduct the remainder of the meeting. Motion
carried unanimously.
1. Items From Mayor and Council
A. Social Services Advisory Committee--Ms. Smith reported the County was
restructuring the Committee with a different focus in function. She
has been serving for the past year and one-half. She would like to
continue serving on the Social Services Committee that will be advis-
e ing CETA matters. She recommended Manager appoint a staff person to
serve in her place on the other restructured Social Services Advisory
Committee. It was consensus that manager would so appoint.
B. Eugene Rewewal Agency Appointments--Mr. Hamel said the Council inter-
views of the four finalists held at 11:00 today had been conducted by
a subcommittee of the Council consisting of himself, Ms. Smith, and
Mr. Li eua 11 en. They were recommending appointment by the Council of
Fran Gnose and Stephen Shepherd to ERA.
Ms. Smith moved, seconded by Mr. Hamel, to recommend the above
named appointments. Motion carried unanimously.
C. Field Burning--Mayor Keller noted the smoke intrusion in Eugene
yesterday, and wondered what was happening with field burning.
Assistant Manager said that litigation is in progress. The court
has not yet ruled on which parties will be allowed to make arguments.
At this point however, the City is operating under the proposed
150,000-acre burn. He noted there were some wind problems that came
up last night. Mr. Lieuallen said he hoped this would not be the
end result of all the efforts of the City, that the City would not
see a reduction of smoke intrusion this summer and fall.
D. Civic Center Project--Mayor Keller announced the agenda item would
be scheduled for Wednesday, July 19.
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E. Community Relations Director--Manager introduced Carol Baker
from the Parks Department who has been named to replace Alice e
Rutter.
F. Airport Experimental Burn--Memo distributed.
Manage~ noted the DEQ has had a difficult time finding grass seed
farmers with perennial crops that are willing to risk the crops in
the experimental back-burning and strip lighting. They have asked
if the City will allow burning on City property at the Airport.
Both the Airport Commission and DEQ have approved. The burns will
be in chunks of not more than 10 acres at a time. He said Council
must authorize this burn on an experimental basis.
In response to a question from Mr. Lieuallen, Assistant Manager
said the staff, DEQ, and many others will be very much involved
in the burn. The backburning of perennials is to be explored.
All data are going to be available to the grass seed growers.
Ms. Smith was concerned regarding the smoke impairing the operation
of the airport. Bob Shelby, Airport Manager, said there had been a
number of experimental burns in that area in the past. DEQ and
farmers have always been cooperative in timing the burning so the
wind will not carry smoke across the runways. He said all the
experimentation that had been done had never jeopardized or slowed
down aircraft operation at the airport.
Assistant Manager responded to Mr. Lieuallen that LRAPA and other e
technical people will/be very much involved in the burn. Mayor
Keller felt Council authorization to be very important for Eugene1s
case in the future. He said, in fact, he wished to be informed when
it was to occur, and other Councilors might also, in order for them
to watch the process.
Mr. Hamel moved, seconded by Ms. Smith, to recommend authori-
zation of the experimental burning on the airport property.
Motion carried unanimously.
F. Absences
Manager will be out of town starting Friday, July 14, and returning
to the office Monday, August 7. Mayor Keller will be out of town
July 24 through July 30. Councilor Eric Haws will be absent from
two Council meetings, August 2 and 9.
II. Park Rules Ordinance--distributed.
Manager said the proposed ordinance is written in an attempt to secure
better enforcement and a sounder legal base for regulating use of park
facil ities. The Council is not passing on the actual rules and regula-
tions, but rather adopting an ordinance governing the process of estab-
lishing and enforcing rules. The ordinance is patterned after that used -
for the Oregon State Parks Rules and Regulations. The major change
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establishes a new process whereby the Director of Parks and Recreation
- will have authority to enact new rules, subject to public appeal by
petition to the Council, and provides the director with rule-making
authority to deal with future developments. It provides for a Hearings
Official to rule on the applicability of the rule to an individual
petitioner. Posted signs will be used to inform the public of the new
restrictions of park usage. Discussion would be held by Councilors
today, with passage of the ordinance at the July 19 meeting.
Mr. Haws questioned at what point does City property become a park.
Assistant Manager replied the determination would be made by the stated
purpose for which it was acquired.
Mr Haws then wondered if there had been any problems in posting on park
properties. Ernie Drapela, Parks Department, said if a neighbor has a
complaint about improper use of land which is not signed, then the Parks
Department would post and sign so the Police Department could enforce the
signing.
In answer to a question from Mayor Keller, Mr. Drapela said three or
four years ago the Council approved changing closure time of parks from
11 p.m. to midnight. He said that brings the City of Eugene into more
consistency with other parks in the state. He noted during the summer
months, 12 midnight is actually 11:00 suntime. He also noted the parks
enforcement includes observance of the City noise ordinances.
- Mr. Lieuallen requested that the Council be apprised of any problems
with park rules and any proposed changes in the next six months to a
year.
Mayor Keller wondered if the park rules had ever been printed. " Mr.
Drapela said they had been in various publications and postings in parks,
but not- as extensive as the ones distributed to Council. He said it was
expected the extensive park rules would be posted on a seletive basis in
some parks and printed in a small handout for public use. Mayor Ke 11 er
felt the public should be made aware of the new park rules and encouraged
the Parks Department to distribute the same. Mr. Drapela noted a good
example of rules being posted at this time are both on the mall and
Spencer Butte park.
Mr. Hamel moved, seconded by Ms. Smith, to recommend adoption
of the Parks Rule Ordinance. Motion carried unanimously.
III. Public Hearings: Street-Easement Vacations
Unanimously recommended by Planning Commission April 10, 1978. Manager
noted John Porter, Planning Director, was available to answer questions.
Public Hearing was opened.
Hal Leedom, Regional Consultants Inc., 1257 High Street, represented
Hendricks Hill Development Inc., and was available to answer questions.
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CB 1715--Vacating easement located on southeast and northwest corners
of Breezewood and Todd Streets (Westover) (EV 77-10) e
CB 1716--Vacating easement located between Pine Canyon Drive and
Emerald Street (Lemke) (EV 77-12)
CB 1717--Vacating easement located between Happy Lane and Russet Drive
(Wilson) (EV 78-1)
CB 1718--Vacating street, that portion located south of Riverview
Street and Augusta Avenue (Hendrick's Hill Development)
(SV 77-7)
Mr. Hamel moved, seconded by Ms. Smith, to continue
the public hearings July 19, and recommend approval
of the council bills. Motion carried unanimously.
IV. Public Hearing: Community Development Program Amendment (memos and
materials distributed)
Manager reviewed for Council that Community Development Block Grant
regulations require a program amendment be submitted to HUD whenever
fund transfers exceed 10 percent of any single grant and/or when any
programs not a part of the already approved grant are added. He said
this program amendment covers the last three program years. The last
program amendment was May 17, 1977. The Community Development Committee
held a public hearing and approved the amendment June 22. Charles Kupper e
and Paula Ross, HCC, were available to answer questions
Public hearing was held with no testimony presented.
Mr. Haws questioned the transfer of funds from Peterson Park Barn to the
Whiteaker Center. Ms. Ross explained the Peterson Park Barn had been
completed in 1976, with some funds remaining. Those were being trans-
ferred to the Whiteaker Center, which had an overrun. Mr. Haws then
wondered why there was an overrun and why so much had been transferred
to the Whiteaker Center. Mr. Kupper said the initial proposal was to
move a house to the Center location, which would have cost approximately
$25,000. That was decided to be impractical, and the cost of constructing
a new center was $40,000. He indicated he could have a more detailed
report for Mr. Haws in a week.
Mr. Hamel moved, seconded by Ms. Smith, to continue the
public hearing Wednesday, July 19, and recommend approval.
Motion carried unanimously.
V. Improvement Petitions
Res. No. 2954--Authorizing initiating process for street paving, sanitary
sewer, storm sewer, and sidewalk construction in Lewis
Street from Van Buren to Jackson Street (1597)
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Res. No. 2955--Authorizing initiating process for street paving,
-- sanitary sewer, and storm sewer construction within
and adjacent to CJH Estates Subdivision and Alban-Tate
Subdivision (1298 and 1493)
Res. No. 2956--Authorizing initiating process for street paving, sanitary
sewer, and storm sewer construction to serve 1st Addition
to Sweetbriar Subdivision; and sanitary sewer construction
to serve the area within 160 feet of the east boundary
of 1st Addition to Sweetbriar Subdivision (1584)
Mr. Hamel moved, seconded by Ms. Smith, to recommend approval
by Council July 19. Motion carried unanimously.
VI. Liquor License Application: New Outlet
Of Grape and Grain, 160 Oakway Road (PS); applicants: Roger and Karen
Rutan.
Mr. Hamel moved, seconded by Ms. Smith, to recommend approval
by Council at July 19 meeting. Motion carried unanimously.
VI I. Approval of Minutes
Mr. Hamel moved, seconded by Ms. Smith, to recommend approval
by Council at July 19 meeting. Motion carried unanimously.
- VIII. Acquisition of South Hills Park Land--Memo distributed
Manager said on June 14, 1978, the Council adopted a resolution authoriz-
ing the acquisition of South Hills park land from the receipts of the
Parks Open Space Serial Levy. The terms of the purchase was payment in
full, or annual payments for four years at 8 percent interest. It was
determined prudent to make the payment in full and save the Park Open
Space Fund aproximately $96,000 in interest costs. Therefore the balance
of this year's serial levy receipts as well as additional funds in the
amount of $480,000 had to be accumulated. The request is for an inter-
fund loan which is authorized by Oregon State Law. Transfer would be
from the Sewer Utility Fund to the Parks Open Space Acquisition Fund.
In response to a question from Mr. Hamel, Manager said the City purchased
the land through the combination of negotiation and condemnation proce-
dures. As part of that process, the City is to pay cash, which cannot be
taken out of the serial levy. If the inter-fund loan were not made, the
City would have to borrow the money from the banks.
Sherm Flogstad, Finance Director, said negotiations for the property pro-
vided payment for either four years at eight-percent interest, or cash.
To avoid paying interest, the City is electing to make the payment in full
through use of an inter-fund loan. In response to a question from Mr.
Lieuallen, he said if the City retains the cash itself, it probably could
get seven-percent interest on the outside. However, he noted there would
- still be savings to the City at the rate of one or two percent.
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In response to a question from Mayor Keller, Mr. Flogstad said the
total serial levy next year would be used to pay back the Sewer Fund. e
Therefore, there would be no funds available from the serial levy next
year except for that purpose. It would not jeopardize any Public Works
projects. He noted it is legal to loan money from a bond sale, and
this money would not come from operating funds.
Mr. Hamel moved, seconded by Ms. Smith, to recommend
approval by Council of the resolution July 19. Motion
carried unanimously.
Upon motion duly made, seconded, and passed, the meeting was adjourned to
July 19, 1978.
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Charl es T. Henry
City Manager
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