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HomeMy WebLinkAbout12/06/1978 Meeting . M I NUT E S e EUGENE CITY COUNCIL December 6, 1978 Adjourned meeting from November 27, 1978, of the City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor Gus Keller December 6, 1978, 11:30 a.m., King's Table, Oakway Mall, with the following Councilors present: D.W. Hamel, Eric Haws, Tom Williams, Jack Delay, Scott Lieuallen, and Betty Smith. Coucilors Ray Bradley and Brian Obie were absent. I. Items from Mayor and Council A. Budget Committee--Betty Smith said the Budget Review Subcommittee had had two meetings and were proposing changes in the budget process. She noted the two new appointees to the Budget Committee should be made aware of heavy time commitments in April and May 1979. B. Community Schools Coordinating Committee--Mayor Keller nominated Chris Landgreen, 960 Tyler, to replace Ann Mention for a term ending April 1980. Mr. Hamel moved, seconded by Mr. Delay, to approve the appoint- ment. Motion carried unanimously. e Mayor Keller noted at a recent Congress of Mayor's meeting that community schools were designated as a high priority. C. A & X Appeal--Schedul ed for Heari ngs Parlel Monday, December 18. Councilor Hamel volunteered to serve in place of Ray Bradley. D. Status Report on LCDC Order re: Cone-Bl'eeden--Memo di stri buted. Manager noted the City sought, and obtained, a rehearing on the Cone-Breeden rezoning which resulted in a decision and order from LCDC approving the industrial zoning without any defect but stated the reported findings for housing and commercial rezoning were inadequate, although the decision was not questioned. A subsequent application for consideration of the rezoning of this sector has been approved by the Planning Commission and will come before Counci 1 in January. Staff was not recommendi ng appeal to the courts at this point, but rather processing the current application. Stan Long, City Attorney, said his office was recommending the City not initiate any further action unless the Council is inter- ested in getting involved in two broad questions: 1) The Commis- sion's jurisdiction to hear a challenge to any rezoning by any city - 12/6/78--1 151 on petition of a private party; and 2) the question of whether Eugene is or is not urban in character. He felt the latter issue could be clarified in the City's 1990 Update Plan. He noted the Commision has not found anything wrong with the Council's substan- e tive decision to rezone the Cone-Breeden property. The alleged error is its failure to document adequately the decision, i.e., insufficient findings on the need for housing. Regarding the Commission's jurisdiction to hear, a challenge on rezoning by a city, he noted the expense involved and felt tile City of Eugene alone should not use its resources. He felt the matter could be clarified by the Legislature if it so chooses, and perhaps other cities will raise that question at some future time. Mr. Williams wondered if the Cone-Breeden applicants had been aware of the City's suggested course of action. Mr. Long said that the applicants were not consulted. However, they had filed a new application for request for rezoning that portion where the zoning was found to be invalid. Mr. Williams indicated his astonishment at the idea of anyone finding a city of over 100,000 people not to be an urban area. Mayor Keller noted he would keep the issue in the forefront of the League of Oregon Cities. He hoped that through the League the issue would be kept in the forefront at the legislative level. Mr. Hamel moved, seconded by Mr. Delay, to accept the staff's report on the Cone-Breeden zone 'change appeal. Motion carried unanimously with Ms. Smith abstaining. E. Scobert Report--Manager noted there was to be a report from the . staff today regarding the details of errors in the survey infor- mation, and exploring whether or not some third party could pay for the errors related to this item. Staff is still exploring whether or not insurance will cover the legal fees. Mr. Haws said he was not concerned as to who made the error, but if the money could be paid from a fund other than the General Fund. The item will be discussed at the December 13 meeting. II. Routine Items for Council Approval A. Council Minutes November 22, 1978 Mr. Hamel moved, seconded by Mr. Delay, to approve Council minutes November 22, 1978. Motion carried unanimously. 12/6/78--2 . .::: 158 . B. Segregation of Assessments . 1. South of Shasta View and east of North Shasta Loop; southeast of Canyon View Estates Subdivision; lpplicant--Paul Wilson; SE 78-08 2. Hawkins Height Road) 8-foot strip along west lot line; appli- cant--Jim Hale; SE 78-9 Mr. Hamel moved) seconded by Mr. Delay) to approve the segregations of assessments. Motion carried unanimously. C. Civic Center Capital Project Fund--Memo distributed. Manager said the resolution would establish the Civic Center Capital Project Fund. Oregon Revi sed Statutes ,and genera 1 governmental accounting principles recommend that when proceeds are received for a specific purpose) a fund be established by order of the govern- ing body. The fund will be used to record Civic Center construction costs. He said Council would be receiving a budget breakdown. Mr. Lieuallen did not understand the function of the fund. Manager said the proceeds would be placed in the fund for construction of the facility. Mr. Lieuallen then asked about the interest that accrues from the investment of the funds. Manager said tentatively) in accordance with the moral commitment of the Council and the Civic Center Commission) the interest money earned would go toward relieving e the tax burden to reduce the debt service. Interest to accrue was estimated at $2)200)000. Manager noted) however) the interest could be used legally to finance such a project. Res. No. 3055--Establishing a Civic Center Capital Project Fund was read by number and title. Mr. Hamel moved) seconded by Mr. Delay) to adopt the resolu- tion. Motion carried unaimously. III. Public Hearing Re: Easement Vacations--Materials distributed. A. Public utility easement vacation located near the terminus of Agate Street) south of East 27th Avenue (Thomas)(EV 78-10) Unanimously recommended by Planning Commission on August 28) 1978. Public hearing was held with no testimony presented. C.B. 1802--Authorizing public utility easement vacation located near the terminus of Agate Street) south of East 27th Avenue and declaring an emergency was read by council bill number and title only) there being no councilor present requesting it be read in full. . \ ... 12/6/78--3 '5~ . Mr. Hamel moved, seconded by Mr. Delay, that the bill be read the second time by council bill number only, with unani- . mous consent of the Counci 1, and tha-: enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bi 11 numbl~r only. Mr. Hamel 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 18308. B. Public utility easement vacation located between West 28th Place and Ardendale Lane, east of Chambers Street (Shehan)(EV 78-13) Unanimously recommended by Planning Commission on September 11, 1978. C.B. 1803--Authorizing public utility easement vacation located between West 28th Place and Ardendale Lane, east of Chambers Street was read by council bill number and title only, there being no Councilor present requesting it be read in full. Mr. Hamel moved, seconded by Mr. Delay, that the bill be read the second time by council bill number only, with unani- mous consent of the Council, and that enactment be considered at this time. Motion carried unaniwously and the bill was read the second time by council bill number only. Mr. Hamel moved, seconded by Mr. Delay, that the bill be e approved and given final passage. Roll call vote. All Councilors present voting aye, the till was declared passed and numbered 18309. IV. Affirmative Action Report: 1977--Memo and rraterials distributed. Managed noted his memorandum to Council indicated there were a variety of concerns and criticisms in the various reports from the commissions. A task force committee had been meeting to discuss the various reports and had a constructive exchange of information on these items. Four issues of concern still remained, three of which were pretty well resolved. However, the concern regarding slow affirmative action progress is the only item that may not be within the staff's control, particularly if the City becomes involved in service reduction. Both the staff and the Commissions share the objective of achieving a fully integrated work force, but he noted some difficult cultural and labor- market barriers. Mr. Lieuallen wondered if the data collection requested from the commis- sions could be provided. Gary Long, Personnel Director, said there is some concern that too much statistical data is being presented, but not enough regarding staff time related to affirmative action. . 12/6/78--4 ~:f 160 . . It is hoped, through a reformat of the annual report over the next few months, this information will be available. He said the Aging and - Handicapped commissions were asking for additional statistical infor- mation. He noted staff was trying develop an updated goals statement. However, the data base being used is the 1970 census, which in itself creates difficulties. A great deal has happened in the work force since 1970, but there is no way to make adjustments for those changes. He noted a need for more communication among the staff and the commissions. In response to a question from Mr. Delay, Mr. Long said he felt the communication among the staff and commissions had improved consider- ably. Several meetings had been taking place in the past several weeks, and the staff is committed in the area of a work program. Ms. Smith noted she and Mr. Williams had been serving on the task force for two years. Out of that task force a subgroup has been meeting with the staff and the commissions, and she felt this had produced a much better posture, with improved communications. Mr. Williams concurred there had been some useful interchanges, especially in the last meeting. However, he still was concerned about how that group, or any group, can effectively handle the parochialism of each group, and how to merge that into a coherent system. Mr. Lieuallen questioned the parity, or disparity, between salaries in the City work force and wondered if the task force had dealt with that quest i on. Mr. Long responded if employees were in the same job, they were in the same pay range. He noted a very extensive research conducted e in the past two years regarding pay ranges and job descriptions. However, he noted there still remained some differential between female and male workers. This resulted from a fundamental tendency of sex segregation in job areas, i.e., females are still predominately in the clerical fields, and males predominately in the fire and police, which pay more. He said equal pay requires integration of the work force. This is a complex issue that would have to be dealt with other than through the task force. Mr. Long assured the Council the City was very solid in its affirmative action program in not discriminating regarding age, sex, and race. Mr. Hamel moved, seconded by Mr. Delay, to accept and file the 1977 Equal Opportunity Report. Motion carried unanimously. Manager thanked the staff, Council, and Commission members who had worked very diligently on this project. e 12/6/78--5 ", , . V. Consideration of Code Amendment Re: Quasi-Judicial Hearings Manager said this was a house cleaning matter to amend the Code to - eliminate the need for a verbatium record of quasi-judicial hearings. A recent ruling against the City in an appea"' before the Hearings Panel was based on there being no such record. Thf~ amendment woul d be consi s- tent with State statutes and would apply to 111 quasi-judicial hearings. Mr. Delay said he was under the impression that land use decisions required a verbatium record. Stan Long, City Attorney, said the State statutes expressely do not require such, nor is there any constitutional requirement. He said minutes that state the substance of the meeting were adequate. He noted the reason for eliminating verbatium records was the expense and occasional difficulties with recording devices. C.B. 1804--Concerning quasi-judicial hearings; amending Sec. 2.399 of Eugene Code, 1971; 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. 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. Delay, that the bill be e approved and given final passage. Ro 11 ca 11 vote. All Councilors present voting aye, the bill was declared passed and numbered 18310. VI. Consideration of Initiative and Referendum Ordinance Manager said this was a continuation of Council discussion November 22, at which time Council requested consideration of changing two aspects of the proposed ordinance. The revised ordinance has been distributed in which Section 2.981(2) initiative proposals to repeal ordinances or charter amendments approved at November or first primary elections will be placed on a ballot only at subsequent primary or November elections, rather than applying this limitation to all initiative proposals. Second, Section 2.976(1)(c) indicates signatures must be obtained within 100 days rather than six months. Mr. Lieuallen said he was going to oppose the ordinance. His main concern was the question of the time period for obtaining signatures on an initiative or referendum to be placed on the ballot. He felt it a mistake to limit the opportunity for the public to an initiative~ e 12/6/78--6 1b1- . referendum, or opposition to Council's action in a timely manner. - He felt it tcr be a result of a specific issue (fluoride). There is not enough justification for change, which could now require up to 1-1/2 years before actually being placed on the ballot. Mr. Williams felt the ordinance applied only to an issue that had been decided at a primary or general election and would have to be again placed on those same type ballots. He said it did not affect other actions of the Council. Mr. Delay said there were two theoretical arguments for the time for voting on legislation. On one hand, it is argued that at a general election, the will of the people is reflected more clearly because of the larger number of persons voting. On the other hand is the argument that special elections are important because the major issue is not buried among other issues and actually draws only those persons who are interested in that particular issue. He felt by the passage of this ordinance the Council would be locking itself into either one or the other position. He did not know which to be true and did not want to be put in a position of preempting which is true. He felt the changes in the ordinance came about as a result of a particular issue, i.e., fluoride. He felt there was merit to both arguments and felt by Council's passing this ordinance it would be making judgments that it is not capable of knowing. Mr. Williams said he had very little difficulty in making a choice e between the two arguments suggested by Mr. Delay. When 65 to 75 percent of the people have voted on a question, he felt that was more represen- tative and a more valid response of what the people want or do not want than would occur in a special election. Ms. Smith supported the ordinance based on the fact that a larger representation is a better indication of people's wishes than the l7to 20 percent turnout in special elections. Mr. Delay wondered then why the Council did not schedule all of its elections at primary or general elections, i.e., the budget, or charter elections. He supported fewer elections and more people turning out at those elections. Mr. Williams disagreed that the budget election is not an emergency. Ideally, he agreed with fewer elections. However, at the same time he said the budget has to be passed. He did not like the outcome of special elections where clearly a small group is permitted to distort the majority preferences. e 12/6/78--7 143 . In response to a question from Mr. Lieuallen, Assistant Manager said the Council could determine when any initiative petition could be placed e on the ballot, i.e., special, primary, or general election. Mr. Delay said he was going to vote against the ordinance because he could not agree with the particular section of placing measures on primary or general election ballots, especially when he felt this change was in response to a particular issue (fluoride). Mr. Wi 11 i ams did not see it as targeted to fluoride, but perhaps that issue triggered the change. He felt the ordinance change would deal more directly with the City's response when people speak and how to deal with that quest inn with some integrity. Stan Long said the ordinance came in response to uncertainties about what to do with these issues. He noted as a result of a recent ruling on Home Rule, the Council can expect a challenge to whatever it does with respect to initiative and referendum petitions because of the argument that issues must be placed on the next coming election ballot. C.B. 1794--Concerning exercise of the initiative and referendum; amending Sections 2.976 and 2.981 of Eugene Code, 1971; was read by council bill number and title only, there being no councilor present requesting it be read in full. 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 e this time. Mr. Delay moved to delete the following wording under Section 2.981(2). . . . "However, if the measure proposes repealing or amending a charter, charter amendment or ordinance previously approved by the voters at a primary or general November election, the measure shall be submitted to the electors at the first primary or general November election held more than 90 days after the finance officer certifies verification of the signa- tures on the petition." Motion died for a lack of a second. Mr. Lieuallen said he could now support the ordinance because he felt it more clear and the Council would still have some responsibility to determine when measures are placed on ballots. Mr. Delay agreed with the general intent of moving to fewer elections and having more people participate. However, he felt this one section of the ordinance related to the question of whether the only difference between general and special elections is the number of people voting. He did not feel that to be so. He noted the number of issues on a general e 12/6/78--8 1~'t , . - election ballot, and the value of a special election with one issue being the main focal point. He reiterated he still did not know which of his two theoretical arguments to be true. Vote was taken on the motion, which carried unanimously, and the bi 11 was read the second time by counci 1 bi 11 number only. Mr. Hamel moved, seconded by Mr. Delay, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye except Mr. Delay voting no, the bill was declared passed and numbered 18311. Mayor Keller recognized persons in the audience who had come to discuss the Scobert item. He noted the item for discussion was only related to the incorrect survey and staff suggestion as to payment of the attorney's bill. He said Assistant Manager had explained to Jo Lu Roberts how they must go about an appeal of Council's recent passage ofa resolution to acquire the site for a park. VII. Public Hearings Scheduled December 11, 1978 A. Street direction change: Fairway Loop; relocation of existing traffic diverter on Fairway Loop to allow access to Fairway Loop Planned Unit Development. B. Annexation/concurrent zoning; property located east of Willagillespie e Road to the southeast of Willagillespie School (Lane County) (A/Z 78-12) from County AGT to City R-l. Upon motion duly made, seconded, and passed, the meeting was adjourned. c~n~ City Manager DT: jm/CM27a14 e 12/6/78--9 "5