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HomeMy WebLinkAbout03/28/1979 Meeting e M I NUT E S EUGENE CITY COUNCIL March 28, 1979 Adjourned meeting from March 26, 1979, of the City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor Gus Keller, March 28, 1979, Council Chamber, 11:45 a.m., with the following Councilors present: Jack Delay, Betty Smith, Eric Haws, Scott Lieuallen (arrived late), Brian Obie, Gretchen Miller, and Emily Schue. Councilor D.W. Hamel was absent. I. ITEMS FROM MAYOR AND COUNCIL A. Metro Area Transportation Committee (MATC)--Ms. Miller attended a recent meeting. Action taken resulted in putting the Roosevelt Truckway and the 30-30 Connector on the Transportation Plan in order to get Federal financing. Some indication from the Federal Government indicated this would not be acceptable, since funding was being requested only for the Roosevelt Truckway at this time and the 30-30 Connector was not due for construction until well beyond five years from now. She said more information would be available later in the summer. - Assistant Manager said the Federal Government would probably delete those items on the City.s time line, and noted the 30-30 Connect~r was not to be implemented until after 1990. However, the Committee still chose to put them in the TIP. It is assumed the Federal Government may say that these are part of the T-2000 Plan and would rather wait until modifications of that plan are completed. Mr. Delay wondered what rationale was offered by the Committee for putting projects in the transportation plan that were not included in the T-2000 Plan. Ms. Miller responded that the majority of the Committee wanted to see those built. Jim Farah, Planner, said he understood the action of MATC to put those two proposals on the Functional Classification System which is different from the Federal Aid System. Staff had been directed to consider the 30-30 Connector in the update of the T-2000 Plan. He said it has been staff's con- tention that the decision is predicated on the action of the General Metro Update. B. Agenda Adjustments Item II-G (Council Bill 1862) for public hearing and easement vacation (A & X, Inc., EV 78-15) was deleted from the agenda because of inade- quate public notice given regarding a variance request for the property. The item will be rescheduled when action has been taken on the variance. Item VI--Appeal from Paul Osborn, HCC, was held over to the April 4 meeting by request of the owner. - 3/28/79--1 /15 C. Field Burning Status Report--Stan Long, City Attorney, said staff was not asking Council for any particular action at this time. However, he noted there Me a number of thi ngs occurri ng that may requi re .. Council to act quickly in the next ten days. He reviewed his last ,~ field burning report which was at the conclusion of a successful several months of field burning, negotiations, and interactions with others involved. The result had been a one-year interim control strategy which was adopted. The basis for that control strategy and changing of field-burning strategy was that the Federal law permits only 50,000 acres to be burned. The City negotiated 150,000 acres to be burned, with an additional 30,000 allowed if the per- formance was adequate on the first acreage burned. Mr. Lieuallen arrived. The Environmental Quality Commission mandated that system as negotiated by the City and the seed growers. It was hoped that approach might lead to a permanent strategy based on how much field burning would be allowed dependent upon how much smoke or pollution was in the air. Also, it was hoped a working relationship with the seed industry could be established. Mr. Long noted it would appear that these hopes are in the process of being dashed as Senate Bill 472 has been passed. The bill purports to remove field burning from Federal control and take it out of the State Implementation Program (SIP). Second, the bill purports to permit up to 250,000 acres to be burned in the next two years. He noted the bill had been assigned to the House Agricultural Committee this morning, and its fate is uncertain. Council alternatives and courses of action available were outlined. ~ First, the Council could seek to enforce the 50,000 Federal limit for field burning this summer. Second, he noted changes in the Clean Air Act could present other options. Council could attempt to seek to classify individual fields that are burned as major site-specific sources under the Clean Air Act. If so, it would set in motion a system whereby each grower would have to obtain a permit to burn more than authorized. This would be based on clean air considerations, and not political decisions. He noted the Federal Government has pena 1 t i-es if a seed grower were to burn wi thout a permi tin that the grower would forfeit his profit. A third alternative would be based on the argument present in the law. Mr. Long said he believed that Federal law requires that before any dispersion technique is used, all other methods of dispersion that are reasonable must be tried. The State has consistently used field burning before trying other techniques. The City thus could urge the Federal Government to enforce the law, saying the State must try all other available means and only then could it use smoke-management technique. Finally, Mr. Long said there were a number of administrative steps that could be taken including requesting control of carcinogens and control of visually-obstructing pollutions. e 3/28/79--2 \lb e He noted events are in a state of flux right now and staff did not know which alternatives to recommend. In response to a question from Mr. Delay, Mr. Long agreed that any citizen or citizen's group could seek to enforce the Federal law in this regard. Mr. Delay expressed disappointment at the City's being in this situation. He noted the City has made a large investment both in staff time and dollars in an attempt to solve the problem. This resulted in a plan that was acceptable to most people and did an effective job resulting in better air quality for the entire area. He was disappointed that the the seed growers seemed to have lost sight of the efforts that have been made to date. He felt it might be dangerous for the seed growers to continue to push for passage of this bill as it might be more damaging to them. Mayor Keller said he felt the seed industry knows of the City's position in this issue. He expressed disappointment that the seed industry has again decided to take this route to address the issue. He felt the City's position has been very reasonable and should continue to be defended. Mr. Long said he might possibly have another report and request for Council action at next Wednesday's meeting. In any event, he would keep Council apprised. e D. Community School Program--Mr. Lieuallen had attended a recent School Board meeting. The context of a report by the District's Research and Development Committee regarding the Community School's program had been discussed. He was asked to get direction from Council regarding discussion/negotiation of the policies and direction of the program, since the City does participate in funding. He noted the policies that the Council had passed a year or so ago have some problems in that they are vague. He felt they do need to be more clearly looked at to establish a clearer policy. He noted the policy statement had been drawn up by the Community School's program and was adopted by both the School Board and the City Council. He said it was necessary to reevaluate, and perhaps negotiate with the School Board, the expectations of the program and what the responsibilities would be under that program. Ms. Schue had read the report and said, if it were accurate, she felt some adjustments needed to made in the goals. She would support review of the whole direction of the program. City Manager noted that the most constructive process would be to form a Councl subcommittee and act in time to take it through the budget process. Mayor Keller nominated Scott Lieuallen and Brian Obie to serve as a subcommittee to review the goals and policies of the program, with a report back to Council. e 3/28/79--3 117 1- Mr. Delay moved, seconded by Ms. Smith, to confirm the appoint- ments. Motion carried unanimously. Mr. lieuallen and Mr. Obie will present a report to Council next 4It Wednesday, April 4, as to the City's role, and any arrangements that might be considered for negotiation with the school. The report would include assessment of goals and purposes of the program. E. legislative Subcommittee--Meeting scheduled Thursday, noon, March 29, McNutt Room. Manager noted distribution of a questionnaire from the Senate Transportation Committee. He requested Councilors complete the questionnaire and return for discussion by the Legis- lative Subcommittee at this meeting. F. Budget Committee--Meeting scheduled Thursday, March 29, 7:30 p.m., McNutt Room. G. Lane Economic Improvement Comm;ss;on--Meeting scheduled Wednesday, March 28, 7:30 p.m. H. Council Appointment Process Questionnaire--Distributed to Council. Manager requested Councilors complete the questionnaire and return to Manager's Office by Monday, April 2. Staff will tabulate the information as a basis for Council's discussion regarding the appoint- ment process to City boards and commissions at its April 11 meeting. I. Civic Center Project--Memo distributed regarding the status of the project. Manager noted the issue was whether or not the Council wished a joint meeting with the Civic Center Commission Wednesday, April 4, 7:30 p.m. He suggested a process in which the Council could meet with the Civic Center Commission in a joint meeting for presen- tation and review of project design and related budget questions. Council could then schedule a public hearing Monday, April 9, with final action by Council Wednesday, April 11. e Les Anderson, Chairman of Civic Center Commission, requested Council's assistance in helping the Commission reach some crucial decisions regarding the project. It is necessary to expedite the design stage process to help minimize construction costs. He noted there had been considerable public discussion regarding the type of facility to be built and what the community wants in the project. He said the Commission presently was at the stage of making some very crucial decisions on schematics, which included the size, scope of facility, and cost. He said in light of voter's authorizing a certain amount of funding, the Commission was facing a number of options: size, space, capacity, type of facility within the structure, and quality. The Civic Center Commission and Council must reach agreement on these important matters. Mr. Anderson invited the Council to a joint meeting April 4, 7:30 p.m., at Valley River Inn, to hear presentations and have questions answered by staff and members of the project team. 3/28/79--4 . 118 ". He noted the architects did present a schematic proposal with a cost exceeding the originally authorized cost by $1.5 million. The Commission took action to reexamine the schematic presentation in three areas: 1) the large hall balcony treatment; 2) the matter of flexibility of the small space--that the architects consider the traditional rectangular shape; and 3) that the sight lines be re- examined. The Commission also requested the architects bring back a presentation that would involve a limitation of $18.5 million on the project. The Commission hopes to take action at this meeting. The architects and other members of the project team will be present. He noted there was also a recommendation regarding the use of bond interest money for the project, and at the April 4 meeting it is hoped the Commission will take action on the final portion of that motion, which would include setting a priority list of items that could be specified for use of the bond interest money. Mr. Lieuallen said the three requests to the architects were not made as a result of any dollar amount, but as a result of a good discussion and testimony presented regarding what the project will look like, how it will function, and the quality of the building. Retaining the $18.5 million limitation is a separate question. He hoped the Council would attend the meeting. By a show of hands, it appeared a quorum of the Council would be attending the meeting. e Mr. Delay moved, seconded by Ms. Smith, to schedule a public hearing on the Civic Center Project, Monday, April 9. Motion carried unanimously. Mr. Long said he thought it best for the Council to establish the April 4 meeting as an adjourned meeting of the City Council. Any time a quorum of the Council will be present somewhere and will be engaging in discussion of issues, it is appropriate action to give public notice of an official Council meeting. Mr. Delay moved, seconded by Ms. Smith, to call an adjourned meeting of the City Council April 4, 1979, 7:30 p.m., at the Valley River Inn to meet jointly with the Civic Center Commission. There was some discussion as to whether or not Council could take action at that meeting, or whether it needed to hold a separate public hearing. Ed Smith, Civic Center Director, said there will be staff reports and presentations by the Civic Center Project Team. Informa- tion will be given to the Commission, as requested by the Commission, so they can take action. . He saw the meeting as a discussion between the Council and Civic Center Commission. It was determined Council should hold its own public hearing April 9, with possible final action no later than April 11. Vote was taken on the motion, which carried unanimously. " 3/28/79--5 11~ II. ROUTINE ITEMS FOR COUNCIL APPROVAL A. Cou~cil Minutes, March 14, 1979 Mr. Delay moved, seconded by Ms. Smith, to approve Council minutes as noted. Motion carried unanimously. . B. Legislative Subcommittee Minutes, March 15, 1979--Distributed. Mr. Delay moved, seconded by Ms. Smith, to approve minutes as noted. Motion carried unanimously. C. Improvement Petitions Resolution No. 3110--Authorizing initiating process for storm sewer construction 900 feet west of Norkenzie Road from 150 feet south of Bond Lane to Bond Lane (1709) was read by number and title. Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Motion carried unanimously. Resolution No. 3111--Authorizing initiating process for street paving and sanitary sewer construction on Elizabeth Avenue from Jessen Drive to Beltline Road (1717) was read by number and title. Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Motion carried unanimously. e D. Authorizing Transfers of Appropriations--Memo distributed. Resolution No. 3112--Authorizing the transfer of Non-Contingency appro- priations within a given fund between programs and/or object groups, was read by number and title. Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Motion carried unanimously. Resolution No. 3113--Authorizing transfer of Equipment Intragovernmental Service Fund contingency monies, was read by number and title. Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Motion carried unanimously. Resolution No. 3114--Authorizing transfer of appropriations from General Fund to General Capital Projects Fund and authorizing appropriations in the General Capital Projects Fund, was read by number and title. 3/28/79--6 .' \80 Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Motion carried unanimously. - E. FAA Grant Offer for Airport Development--Memo and bids distributed. Manager noted that two actions were requested from Council at this time: adoption of a resolution Which accepted the grant offer from the Federal government of approximately $2 million, and awarding the bid to the lowest bidder for doing the improvement work. He noted the bids had been distributed. Resolution 3115--Accepting grant offer of the United States of America through the FAA for Project 6-41-0018-05 for Mahlon Sweet Field, and authorizing City Manager to execute agreement, was read by number and title. Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Motion carried unanimously. Mr. Delay moved, seconded by Ms. Smith, to award the airport improvement contract to the low bidder, Morse Brothers, subject to FAA approval. Motion carried unanimously. F. Public Hearings Regarding: Water Withdrawals Manager said these were routine water withdrawals as a result of annexations to the City, and Jim Saul was available to answer questions. ~ Public hearing was held with no testimony presented. C.B. 1854--Authorizing withdrawal from Junction City Water Control District and Irvingdale Road Water District (Hein) (A/Z 78-5) 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. Rollcall vote. All Councilors present voting aye, the bill was declared passed and numbered 18361. C.B. 1855--Authorizing withdrawal from Irvingdale Road Water District (Blackstone) (A/Z 77-10) and declaring an emergency, was read by council bill number and title only, there being no Councilor present requesting it be read in full. e 3/28/79--7 /8/ Mr. Delay moved, second~d 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. Rollcall vote. All Councilors present voting aye, the bill was declared passed and numbered 18362. C.B. 1856--Authorizing withdrawal from Oakway Water District (Lane County) (A/l 78-12) 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. Rollcall vote. All Councilors present voting aye, the bill was declared passed and numbered 18363. C.B. 1857--Authorizing withdrawal from Oakway Water District (Eugene Swim & Tennis Club) (All 78-16) 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. Rollcall vote. All Councilors present voting aye, the bill was declared passed and numbered 18364. G. Public Hearings Re: Street/Easement Vacations--Materials and maps distributed. Unanimously recommended by Planning Commission January 8, 1979. Manager noted Mr. Saul was available to answer questions. Public hearing was held with no testimony presented. C.B. 1858--Authorizing easement vacation located west of Chambers, north of 34th Avenue (Wheeler/Barnes) (EV 78-16) was read by council bill number and title only, there being no Councilor present requesting it be read in full. 3/28/79--8 e l~'l. e 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. Rollcall vote. All Councilors present voting aye, the bill was declared passed and numbered 18365. C.B. 1859--Authorizing easement vacation located on west side of Lot 53 in Shasta Park First Addition (Speer) (EV 78-17) 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. Rollcall vote. All Councilors present voting aye, the bill was declared passed and numbered 18366. - C.B. 1860--Authorizing easement vacation located between Centennial Loop and Interstate Highway 105 (City of Eugene) (EV 78-18) 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. Rollcall vote. All Councilors present voting aye, the bill was declared passed and numbered 18367. C.B. 1861--Authorizing street vacation located on south end of Kenmore Street (Henke) (SV 78-6) and retaining 14-foot public utility easement over west portion was read by Council bill number and title only, there being no Councilor present requesting it be read in fu 11 . 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. e 3/28/79--9 183 Mr. Delay moved, seconded by Ms. Smith, that the bill be approved and given final passage. Rollcall vote. All Councilors present voting aye, the bill was declared passed and numbered 18368. III. Authorizing Purchase of Easements and Rights-of-Way: On Ca1 Young, from Wi11agi11espie Road to Norkenzie Road, and Wi11agi11espie Road from Valley River Way to Ca1 Young Road (memo distributed) e Manager said the memorandum explains the actual acquisition were being provided by the County. to proceed where necessary with eminent domain. were available to answer questions. Resolution No. 3116--Authorizing institution of proceedings in eminent domain for acquisition of property in vicinity of Ca1 Young Road from Wi11agi11espie Road to Norkenzie Road, and Wi11agi11espie Road from Ca1 Young Road to Valley River Way for purposes of street widening and construction of drainage and sewer systems; and declaring an emergency, was read by number and title. dollars for right-of-way Authority is being asked Stan Long and Don Allen Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Motion carried unanimously. IV. Eugene Economic Development Committe--Memo and resolution distributed. Manager noted Council had discussed the issue many times. The resolution distributed has been revised to reflect the consensus of Council from its March 14 meeting. He said under Section 2, there was a more generalized ~ category of appointees. .., Resolution No. 3102--Estab1ishing the Eugene Economic Development Committee was read by number and title. Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Ms. Miller said she preferred to see the selection process in Section 2 provide more information on which to base a decision. She felt the Committee has great potential to do many good things for the community, and felt in order for it to be successful, there must be a broad spectrum of community support. Ms. Miller moved, seconded by Ms. Smith, to amend the motion to have Section 2 read as follows: The Committee shall be chaired by the Mayor and shall include representatives whose applications will be reviewed by the Mayor and officers of the Council, appointed by the Mayor, and confirmed by the Council, from each of the following interest groups: Items A through H remain the same. Item I--to read, "Two members of the City Council"; and Item J to read, "One person represent i ng small er bus i ness interests." 3/28/79--10 e 184- . - - Ms. Miller defined a small business as being one with 15 or fewer employees or owners. Vote was taken on the amendment to the motion, which carried unanimously. Ms. Miller then suggested the Council consider requesting staff to bring back monthly written reports on the work of the Committee until the Committee establishes its own work program and is actually functioningp She felt Council needed to keep in close touch with what the Committee is doing until the Committee is firmly established. Jim Farah will supply Council with a monthly one-page summary, and noted he would distribute it to the Committee members also. Vote was taken on the main motion, which carried with all Councilors present voting aye, except Mr. Haws voting no. Upon motion duly made, seconded, and passed, the meeting was adjourned to April 4, 1979. Charles T. Henry ~e?~ CTH:DT:pm/CM23all 3/28/79--11 /85