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HomeMy WebLinkAbout03/14/1979 Meeting - M I NUT E S EUGENE CITY COUNCIL March 14, 1979 Adjourned meeting from March 12, 1979, of the City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor Gus Keller, March 14, 1979, 11:45 a.m., Council Chamber, City Hall, with the following Councilors present: Jack Delay, Betty Smith, Eric Haws, Scott Lieuallen (arrived late), Gretchen Miller, and Emily Schue. Councilors D.W. Hamel and Brian Obie were absent. I. ITEMS FROM MAYOR AND COUNCIL - A. Citizens Involvement Committee--Ms. Miller requested a status report on citizen applications. Manager's Office had been advertising for citizen applications, but only two had been received at this time. He suggested the recruitment period be extended another two weeks to April 13. B. Air Quality Article--Mr. Delay distributed to Councilors a copy of an article which dealt with questions regarding fine particulate fractions. He noted this was an air quality problem for the Eugene metropolitan area. The Federal Government is attempting to develop standards and strategy to deal with the problem. This issue will become increasingly to the forefront over the next two years. C. Kakegawa Sister City Committee--Mayor Keller appointed Dr. Robert Clark, 2105 Hubbard Lane; Jean Paul, 4390 Pearl; Don Mason, Eugene Area Chamber of Commerce; and Ernie Drapela, Parks and Recreation. Manager noted a high level of interest in the community for visiting Kakegawa. Mayor Keller said that Ms. Paul was out of town and those interested in getting more information could contact Dee Tipping, City Manager's office. Mr. Lieuallen arrived. D. Community Schools Coordinating Committee--Manager noted distribution of two reports for Council 's review. Mr. Lieuallen cautioned Council the evaluation report would be controversial and he would be willing to discuss it with any Councilors if they had questions. Mr. Delay suggested that Mr. Lieuallen report to the Council at a future Wednesday meeting. E. Council Meetings--March 21 meeting CANCELLED. Next Council meeting sCDeduled Monday, March 26. F. Civic Center Commission--Meeting scheduled Thursday, March 15, 7:30 p.m., Valley River Inn, for the presentation of the performing arts center schematics and design. e 3/14/79--1 I~~ G. Room Tax Committee--Meeting scheduled Wednesday, March 14, 4 p.m., in the Mayor's office. H. Legislative Subcommittee--Meeting scheduled Thursday, March 15, 11:30 a.m., McNutt Room. I. Metro Cable TV Commission--Meeting scheduled Thursday, March 15, 11:30 a.m. - J. Joint Parks Committee--Meeting scheduled today, 4 p.m. There was some question as to whether Mr. Lieuallen or Mr. Obie was the Coun- cilor appointed to serve with Gretchen Miller. Mr. Lieuallen noted some discussion about dissolving this particular committee and setting up another structure to deal with the issues. The Mayor nominated Mr. Lieuallen. Mr. Delay moved, seconded by Ms. Smith, to confirm the appointment of Mr. Lieuallen to serve on the Joint Parks Committee until such time as changes are made. Motion carried unanimously. K. Emerald Canal--Letter from Catherine Lauris distributed to Council requesting Councilors consider adopting a resolution in support and scheduling a slide presentation Monday, April 9. Manager noted the slide presentation was about 30-minutes, and ordinarily would be done at a Wednesday meeting. However, because of the amount of light in the Chambers during the day, it would be impossible to have a slide presentation. Mayor Keller suggested the slide presentation be shown Monday evening, April 9, perhaps with Council discussion the following ~ Wednesday, April 11. L. Metro Plan Update Public Forum Budget Appropriation--Memo distributed requesting authorization to retain the unused appropriation of $500 to prepare an audio-visual slide show in conjunction with hearing on the updated Plan proposal. No objections were presented by Councilors. M. Hearings Panel--Meeting scheduled March 19, 1979 with Councilors Lieuallen and Miller to attend. II. ROUTINE ITEMS FOR COUNCIL APPROVAL A. Council Minutes February 28, 1979 Mr. Delay moved, seconded by Ms. Smith, to approve Council minutes as noted. Motion carried unanimously. B. Legislative Subcommittee Minutes March 8, 1979--Distributed. Manager said a split vote had occurred on HB 2697. The bill would make available to the public all background documents related to public hearings. It would extend the present requirements to allow private parties to receive these documents prior to a hearing. He noted difficulties to the City had been outlined by Mr. Saul. Mr. Haws had supported the bill, with the other two Councilors opposing. - 3/14/79--2 150 e Mr,. Haws did not see there would be any problem for the City. As he understood the bill, it intended making full disclosure of all documents either before or at the time of the hearing. He felt this would allow for a faster and less expensive hearing process. e Jim Saul, Planner, said there was no statement of purpose in the bill, so it could only be surmised as to what the purpose of the bill was. He read a portion of the language which had to do with the responsibility of the City to provide documents to private par- ties. He said presently any material that the Planning Department receives pertinent to an application would be available to the public under the public records law. This bill enhances that position by saying that any party can request all materials that a particular application may have that relates to a project, including financial materials. He noted that the problems for the City would include privacy and disclosure, placing the City in the position of trying to deal with disclosure between two private parties, what would hap- pen if the City refused, and there was no mechanism provided for determining what is a reasonable request. However, he emphasized the City's involvement between two private parties was the main problem. He said this would apply to any hearing before the City Council, Planning Commission, or the Hearings Official. Mr. Saul gave the example of a party making application which included pre- paration of a financial evaluation that is clearly pertinent to the particular project. A competing party could request the finan- cial evaluation. The City would then be put in a position of trying to compel disclosure. e Ms. Miller did not see where the City would be put in a position to compel disclosure. She felt it would be the private party going to the other private party for information. She felt the bill would not make the City become any more involved than it is presently. Keith Martin, Assistant City Manager, said if one private party refuses to disclose materials, the remedy of the requester would be to come before the City Council and perhaps request suspension of the hearing and request the City make the materials available. That would place the City Council in the position of enforcing Oregon State Statutes. Mr. Haws said he interpreted the bill differently from City staff. He said if a private party did not want materials available to the public, then they should not be submitted to the City. However, if that private party did submit materials, those should be open to anyone. His interpretation of the bill was that any document on which a decision is based has to be available to all parties. He felt this necessary for parties to prepare for hearings and give the parties a chance to rebut at the hearing. Joyce Benjamin, City Attorney, said one thing that distinguishes this bill from court cases would be that, in a court of law, there are discovery proced~r~s. The court can rule on what's reasonable and what is not. However, the language in the present bill would put the City staff in that position, and might expose the City to potential 1 i abil ity. 3/14/79--3 15/ Mr. Saul explained under the current law that any material submitted is available to all parties and is a matter of public record. This ~ bill would enhance that and deals more with private parties. ,., Mr. Delay felt the City should not sJpport the bill. He noted it was vague and lacked clarity of purpose. He felt the City's quasi-judicial procedures allowed for an extensive public record of the proceedings. The particular bill could simply make the process more confusing and perhaps end up delaying decisions. He did not see any gain for the City to support the bill. Mr. Haws then requested Council make clear to the Legislative Commit- tee that they do support full disclosure and a speedy, inexpensive hearing process. Mr. Delay moved, seconded by Ms. Smith, to adopt the Legislative Subcommittee minutes March 8, 1979. Motion carried unanimously. C. Improvement Petitions Resolution No. 3092--Authorizing initiating process for storm sewer construction along south boundary of Delta Grove PUD from Happy Lane to 800 feet west (1587), was read by number and title. Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Motion carried unanimously. Resolution No. 3093--Authorizing initiating process for street paving, sanitary sewer, and storm sewer construction within Coburg Meadows Subdivision (1652), was read by number and title. e Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Motion carried unanimously. Resolution No. 3094--Authorizing initiating process for street paving and sanitary and storm sewer construction within Plainview Estates Subdivision, and storm sewer construction in Chambers Street from 260 feet south of 25th Avenue to 400 feet south of 25th Avenue (1653), was read by number and title. Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Motion carried unanimously. Resolution No. 3095--Authorizing initiating process for street paving, sanitary sewer, and storm sewer construction within and adjacent to Nolan Industrial Park (1611), was read by number and title. Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Motion carried unanimously. e 3/14/79--4 \52. e D. ~alling Public Hearings Re: Water Withdrawls Resolution No. 3096--Calling public hearing March 28, 1979, re: Withdrawal from Junction City Water Control District and Irvingdale Road Water District (All 78-5) (Hein), was read by number and title. Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Motion carried unanimously. Resolution No. 3097--Calling public hearing March 28, 1979, re: With- drawal from Irvingdale Road Water District (AI 77-10) (Blackstone), was read by number and title. Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Motion carried unanimously. No. 3098--Calling public hearing March 28, 1979, re: Withdrawal from Oakway Water District (Lane County) (All 78-12), was read by number and title. Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Motion carried unanimously. e Resolution No. 3099--Calling public hearing March 28, 1979, re: Withdrawal from Oakway Water District (Eugene Swim & Tennis Club) (All 78-16) (Hein), was read by number and title. Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Motion carried unanimously. E. Charter Amendments for Neighborhood Groups--Memo distributed. Manager referred to the memorandum indicating changes in the neigh- borhood charters. The Dunn Neighborhood Association was having some difficulties in maintaining its membership. Thus, changes were made in quorum and the number reduced for a referendum. Gary Dawson, representing Dunn Neighbors, reported the group was experiencing some difficulty in maintaining participating members. Thus, the amendments were requested to make the group more operational. Mr. Haws noted his oppostion to allowing non-residents to vote in neighborhood organizations. - Resolution No. 3100--Approving and accepting the South University Neighborhood Association amended Charter was read by number and title. Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Motion carried unanimously. 3/14/79--5 153 Resolution No. 3101--Approving and accepting the Dunn Neighborhood Association amended Charter was read by number and title. - Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Motion carried unanimously. F. Economic Development Committee--Resolution distributed. Manager said this resolution would implement the concepts adopted by the Council at its February 21 meeting. The resolution speaks to the purpose of the committee, the membership categories, and the mode of operation. Jim Farah, Planner, said the resolution responds to the concept Council previously adopted. The committee would receive a review and evaluation in one year. The makeup and categories in Section 2 are taken from the categories in the memorandum reviewed by Council February 21. He said the suggested membership was arrived at by looking for groups who are readily identifiable in the community, and who have some continuity to allow creation of a committee which will number from nine to 11 so they can work in a timely manner. Ms. Miller distributed a list of suggested membership for the commit- tee, received from various citizens that she had talked to in the last few days. She was not entirely satisfied with the proposed makeup of the committee as stated in the resolution. She noted on her list the top 14 listed were suggestions from the community; the bottom nine were those listed in the resolution. She felt if the Council is going to recognize the four category elements be economic development, then the makeup of the committee should be balanced in membership regarding ~ geographic location, types of interest, income levels, and occupations in order to speak to those four category elements. She was not sure which of those on the list she would choose at this time, and did not want to adopt a resolution that would lock the Council in with a set group. Mr. Haws was in favor of tabling the resolution. Ms. Smith wondered if the resolution would lock the Council into this particular member- ship, or whether the committee would be able to add additional members later. Mr. Farah said the resolution would request membership be sought from those specific groups as outlined in the resolution. Ms. Smith then said she hoped Council would act on the resolution today. She noted the Council had been talking about economic development for the last two years. She felt it was time a committee was formed so that it could begin working. If changes needed to be made, then Council could consider those later. Mr. Delay felt it important to act cautiously. He did not think delaying another two weeks to allow Councilors more indepth study would jeopardize the committee or its activities. He felt it would be a very important committee and hoped that it would be successful. If it is successful, he said, it is encumbant on the City Council to be deeply involved and he favored having two Councilors as members. Regarding the selection process, he wondered if the organizations were going to suggest names and Council would then interview and select. e 3/14/79--6 1511 - Ms. Miller agreed a delay of two weeks would be helpful. She also felt the committee should be small enough to be a good working com- mittee. She noted the selection process will not be easy. She was not against the proposal, but simply was not ready to proceed at this time. Mr. Lieuallen liked the proposal and did not feel rushed acting today. He felt it important to have the committee start working. Ms. Miller referred Council to her list and noted there were points of view that should be represented on the committee, i.e., appropriate technology. She was not as concerned about the appointment process as she said there would be some time yet to deal with that. Mr. Haws noted his efforts in the past and the present to promote economic development; however, he saw this present resolution as very inadequate. Ms. Schue noted she had some questions regarding the group's selected, i.e., Goodwill and specialized groups. She wondered how they had been selected. e Mayor Keller noted Goodwill was chosen because of the number of persons it employs. He said that group would be representing all the people in that particular specialized category, not just Goodwill Industries. He felt this would be a very successful committee and he would work hard to make sure that it was a success. He said it would be a policy carrier of City Council policies. He also noted the com- mittee has to be small enough to be working and successful. He felt the community would respond and there would be much public participa- tion from individual groups that may not have committee membership. Each of those special interest groups will be given the opportunity to participate. Mr. Farah noted the issues the committee will be facing will be coming from the City Council. He said special interest groups that have expertise would be requested to give input to the committee as differ- ent issues were discussed. He noted the committee would be looking at the long-term economic interests of the community, and noted that those do change over time. As far as membership, he said the repre- sentation is in the area of interest groups, and the subject program areas will come from the Council. Manager said the committee membership would have to be very highly qualified people. Regarding the screening and appointment process, he felt that these particular groups would be asked to submit perhaps three names to the Council and then Council could conduct interviews and make appointments. Mr. Haws moved, seconded by Ms. Miller, to table the resolution. . Mr. Haws left the meeting. Manager requested point of order. He noted staff would prefer the motion establish a definite time. 3/14/79--7 155 Ms. Miller withdrew her second to the motion. Motion died for lack of a second. - Mr. Delay moved, seconded by Ms. Miller, to postpone action on the resolution until March 28. Motion carried with all Councilors present voting aye, except Ms. Smith voting no. Mr. Haws returned to the meeting. G. Business Licensing Ordinance--Distributed. Manager said when Council previously adopted the ordinance amending the business license requirements, some sections which needed to be deleted were not included. This ordinance today was simply a house- keeping matter to delete from the Code the sections that are no longer applicable because of prior amendments. CB 1851--Concerning business license regulations; repealing Sections 3.225, 3.230, and 3.340 of Eugene Code 1971; amending Section 3.005 of that Code 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. 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 18352. H. Calling Public Hearing Re: Street Vacation CB 1852--Ca1ling public hearing April 25, 1979, re: Street vacation located north of Cody Avenue, between Wisconsin and Dakota streets, retaining public utility easement over entire area and retaining bicycle and pedestrian path easement; repealing Ord. No. 18338 (McClarey) (SV 78-5) was read by council bill 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 18353. ~ \5b 3/14/79--8 e III. Consideration of Selection Process For Membership on City Board/Commissions-- Memo distributed. Manager reviewed memorandum distributed and noted the various methods Council now uses for appointments. He said staff would like direction from Council regarding the appointment and screening process in order that Ordinance No. 18001, Section 2013, could be updated. He said there were some committees listed in that section which needed to be deleted, and others needed to be added. Ms. Smith said she felt the total Council should be involved in selection of the Planning Commission, as it was an important committee. Mr. Delay was in favor of reducing the number of committees or commis- sions, if that were possible. Perhaps some could be consolidated or those that are not functioning could be deleted. Regarding the appointment process for Councilors on various intergovernmental agencies, he felt all Councilor representation should be arbitrated by the Mayor with the Councilors, with Mayor nominating, then Council confirming those appoint- ments. He suggested that Council decide what processes it wished to use. Then each Councilor could indicate his/her preference on that appointment for the various committees and boards. e Ms. Miller said the Council and Mayor, as a whole, provide the broadest perspective and input into the community. She said nine people would have more input and would also give the minority representation. Therefore, she felt the Council should playa fairly large role in the appointment process. That procedure more likely would result in a broader perspec- tive of community representation. Regarding Council representation on intergovernmental boards, she felt the Councilors should make appoint- ments to all those agencies and committees. Ms. Smith felt the changes that had been made in the last two years had relieved the Council of some responsibilities in regard to the time involved in the appointment process. She also felt the Mayoral appoint- ments were a very important part of the process and should not be deleted. She said the full Council involvement in screening was not completely necessary for all committees and commissions. She was comfortable with the present process, but was not opposed to suggested changes. Mr. Delay suggested the following five categories as a process for appoi ntments: 1. Mayor appointments: a. Mayor appoints. b. Mayor nominates, Council confirms. 2. Council appointments: e a. With no interview. b. With subcommittee interview and recommendation. c. With full Council interview. 3/14/79--9 157 He requested staff prepare a rating sheet for Councilors to indicate their preference, using the five appointment processes outlined, for ~ appointments to the various boards and commissions. They could list ~ first and second choices. This information could then be compiled and would give the staff an idea as to what processes the Council favors. Manager said the rating sheets would be prepared and distributed to Councilors, with the item placed on the agenda April 11, 1979. Mayor Keller noted he would like to reserve comments regarding Mayor appoi ntments. Upon motion duly made, seconded, and passed, the meeting was adjourned to March 26, 1979. . ~)~ Charl es To Henry City Manager (Recorded by Dee Ti ppi ng. ) DT:so/CM23a1 e e 3/14/79--10 15%