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HomeMy WebLinkAbout06/06/1979 Meeting . M I NUT E S EUGENE CITY COUNCIL June 6, 1979 Adjourned meeting from May 30, 1979, of the City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor Gus Keller, June 6, 1979, 11:45 a.m., Council Chambers, with the following Councilors present: Jack Delay, Betty Smith, Eric Haws, Brian Obie, Gretchen Miller, Emily Schue, Scott Lieuallen, and D.W. Hamel. I. ITEMS FROM MAYOR AND COUNCIL - e A. East Skinner Butte Historic landmark Designation Mr. lieuallen said that citizens have filed a suit against the City and Otto Poticha, have gained a temporary restraining order against the construction project, and have asked the Court to make a declara- tory statement on whether the application that Mr. Poticha applied for was valid and complete at the time that the legislation went into effect on the historic district. He said that there will be a hearing on June 11 to determine whether the restraining order ought to be continued through the time the Court makes a determination on the building application. The City is a defendant in a suit that alleges that improper procedures are being used in granting permits and that, when a policy of the City changes and becomes an ordinance, the application has to be reviewed under the new legislation; the argument of the Attorney is that that is unfair. The City Attorney contends that the ordinance that was in effect at the time the permit was issued will be the ordinance that will be upheld. The lawsuit, he said, contends that the current law is what should be upheld. The lawsuit asks the City to suspend or revoke the building permit pending the legislation, and Mr. Lieuallen feels that the Council should take no action until the Court rules on the restraining order. He said that there may be policy implications involved and that Council should determine financial risk by involving the Council in matters other than being a defendant. He said that, if the Council were to revoke the permit, the suit would be moot; and if the developer is required to go back through the process and inadvertently lose financing and time then there could be a liability in the area of increased interest rates and delays in construction. Mr. Hamel is in favor of Mr. Lieuallen's suggestion to wait until the June 11 court decision. Ms. Miller feels comfortable suspending the permit now. June 6, 1979 Page 1 MINUTES--Eugene City Council 35 Mr. Haws wants the building permit retracted, but would also accept staff's review of the matter. Manager concurred with Mr. Lieuallen to wait until the outcome of the hearing. Mr. Tim Sercombe, City Attorney's office, said that the City will defend itself by stating that the issuance of the permit was proper and in conformance with the policy of the City. The merits of the suit won't be decided until the trial. Mr. Haws asked about the City's potential loss monetarily, and Mr. Sercombe said that he will not know until it is decided whether a preliminary injunction is issued. Mr. Haws feels that legal staff should issue a memorandum with the information that Council needs to know, and stated that his position is to do nothing if it doesn't cost anything. Ms. Smith agreed with Mr. Haws' position and asked if the Council has the power to revoke permits; Assistant Manager said that he cannot recall any instances. Mr. Lieuallen feels that any outcome if the court issues an injunction would be a losing situation for all parties concerned. He said that the neighborhood wants the developer to go through the Historic Designation Ordinance procedure, which may end up putting the City in a financial risk position. Mr. Delay apologized to the neighborhood for not listening to them at last week's meeting. . Ms. Miller feels an obligation to protect the integrity of the historic . zone. Ms. Miller moved that the building permit be revoked. Motion died for lack of a second. Ms. Miller is concerned with the date that is set for a policy to apply. She requested that staff report on other dates available; difficulties that would arise; the best legal structure, e.g., an ordinance added to the Code, or a written adopted policy. The Councilors were in agreement and Manager made note of it. Mayor Keller said that the outcome will be discussed at a later date. Mr. Delay asked staff to also outline the areas of potential conflict, which were accepted by Council. Mr. Lieuallen asked for public comment. Mr. Sercombe suggested that Council members not reply to public testimony due to public litigation. Mayor Keller allowed five minutes for public testimony and no Council reply. MINUTES--Eugene City Council June 6, 1979 Page 2 31b . . - . David Filer, 235 East 3rd Avenue, requests that Council be provided with information regarding whether the City has legal authority from ordinances, statutes or case law for maintaining its present policy on the issuance of building permits. Senate Bill 915, Emission Banking Bill Mr. Delay requested that the Council change their decision on this bill and support it. Mr. Terry Smith, said that opposition to the bill led representatives of Associated Oregon Industry to present totally new language. Objectionable aspects have been removed and the revised bill gives the Environmental Quality Commission necessary rule-making powers in the area of emissions offset and banking procedures, in the prevention of significant deterioration of air quality, and in other strategy elements for the allowance of economic growth in an air shed currently not in compliance with economic standards. Rules developed by the Commission as a result of the bill will be viewed by. the legislative committee on trade and economic development. He said that as long as they review those rules there will be no conflict between the clean air requirements that necessitate local development and maintenance strategies for air quality and any actions of the state. Mr. Delay moved, seconded by Ms. Smith, that the Council support Senate Bill 915. Motion carried unanimously. c. Mayor Keller Attends Openings B. 1. West University Neighborhood Mayor Keller said that West University Park opened last Saturday. 2. Solar Home Development Mayor Keller turned the first spade of dirt for the first solar home in the city. He said that the home will be monitored by Boeing for two years. D. Allegation: Violation of Open Meeting Law Fred Webb, 2889 Tomahawk, contends that those Councilors who called a press conference on June 5 were in open violation of the Open Meetings Law in that improper notice was given, within 24 hours, action was taken, and no minutes were kept. He referred to ORS 192.660. Mr. Haws said that members of the Council who had displayed concern about property tax relief were invited to the press conference which he and Ms. Schue arranged. He said that he called Mr. Webb at KATR three times and the last time he left a message with his secretary. June 6, 1979 Page 3 MINUTES--Eugene City Council 3/7 Ms. Miller said that there was no discussion among Council members at the meeting, only answers to questions from the news media. E. Jefferson Pool--Increased pool fees and proposed closure . City Manager said that monthly passes represent 13.8 percent of City revenues from fees city-wide. Mr. Drapela said that the mechanical plant at the Jefferson Pool was designed for about five years of service and that it is now five years old. He said that they may receive two more years of service from the air bubble, and the mechani- cal plant may make it through the winter. He said that the replacement cost 'is well over $100,000. II. CETA Pilot Project--Memo distributed. Randy Miller presented the CETA pilot project to the Council for approval. He said that they hire older people, provide them with intensive counseling, with the understanding that they will be in the CETA position at the Employment Agency for only 90 days. He said that the Employment Agency feels that they can place 80 percent of them in unsubsidized jobs. Gene Matson said that the program is to place hard-to-place people who will learn how to find a job for themselves. He said there is a turnover before 90 days. Mr. Hamel asked if the project will continue after the 90-day period and, if not, whose obligation will it be to fund it. Mr. Miller said that their obligation is to fund the project until September 30, at which time an ~ evaluation of the project will be made and, if successful, the Council and the advisory council will become involved. Mr. Delay moved, seconded by Ms. Smith, to approve the pilot project to employ older workers as submitted and instruct the City Manager to enter into a sub-contract with the Oregon State Employment Division for its implementation. Motion carried unanimously. III. Boards and Commissions A ointment Process Ordinance Ordinance draft distributed Mr. Henry said that there has been some difficulty in developing the ordinance; therefore, he suggested that Council review it and that it be discussed at the next meeting. If it is passed, he said there will be a number of resolutions presented before Council for amendment dealing with those commissions which developed through resolution. He said that action taken on the resolutions will be apart from the ordinance itself. IV. Consideration of the Process for Development Non-Property Tax Revenue Alternatives RESCHEDULED FOR COUNCIL MEETING JUNE 13, 1979 . MINUTES--Eugene City Council June 6, 1979 .318 Page 4 - V. Consideration of Representatives of Valley River Center to Discuss Traffic Planning in their Area Letter and Memo distributed. Manager said that City staff should take the matter to Transportation Planning Committee and MATC~ and include it in the con~inuing process of updating the T-2000 Transportation Plan. - Richard Hansen, Manager Valley-River Center~ said that they testified berore the T-2000 Committee and none of the informatio1 was addressed in the final document or that meeting. Also, the County ~as given a temporary stop-gap with a proposed off-ramp that received negative support from the City, and now is receiving support from them. He feels that the City should support a system that would provide an off-ramp southbound on Delta Highway~ an on-ramp southbound on Delta Highway to the Goodpasture Island area~ and also a complete interchange that will allow ~eople coming in either direction on the Delta to get off at another exit. He feels that the City needs to support other ways of getting to the island rather than on the freeway--ways from River Road area and from Coburg Road area. Ken Tollenaar, 1022 Russet Drive, Chairman of Delta PO'1ds Committee of the Cal Young Neighborhood Association, spoke regarding the Cal Young neighborhood statement adopted two months ago. He distributed copies of the statement to the Councilors. He said that Point No. 5 proposes to encourage a special planning study of the Goodpasture Island area, includ- ing study of flood hazards. Because of their concern, the neighborhood group is in favor of City Manager's recommendation. John Eubank, 1500 Norkenzie, Vice President of Eugene Athletic Club, a development on Goodpasture Island Road, said that the athletic club and a new 56-unit apartment complex will be additions to the area, and will create a larger traffic flow problem, and feels that those two concerns should be taken into consideration. Richard Case, 2023 Goodpasture Island Road, District Manager, Northwest Natural Gas facility located west of the K-Mart complex, spoke to the concern of safety to the people in the area. He said that the only '.'Iay to go west on Goodpasture is to cross the eastbound lane, and also people make left turns across the eastbound lane to get down onto Delta, which he feels creates a traffic hazard. Mr. Haws said that he is sympathetic to Mr. Tollenaar's concern, but unsympathetic to any further Public Works Projects in that area. . In response to Mr. lieuallen's questions, Mr. John Porter, Planning Department, said that at the time that the Goodpasture Island Report was completed and the land-use area was changed from residential to commercial, the report indicated that the two interchanges, the north Goodpasture Island and south Goodpasture Island, would have to be improved~ that they weren't properly designed to handle the traffic. He said that they held off making suggested changes until the T-2000 Plan was reviewed. He said that his Department feels that the interchanges are ir.adequate. MINUTES--Eugene City Council June 6, 1979 Page 5 -3/7 '. f -e .. '- In answer to r~s. Sr.lith1s inquiry, r~r. Henry said that he reconmends that this request ~o through the normal process, but agrees that there should be more action than in the past. Ms. Miller left the meeting. Mr. Lieuallen asked who will pay for the study of the bridges and ponds and tk. Henry feel s that fundi ng shoul d come frc,.r:J the County. r~r. Obie moved, seconded by Ms.- Smith, to recommend that the City staff address the memo prepared by the City Manager and direct him to explore the subject with the County and other jurisdictions at the TPC level as part of the T-2000 Update process. In answer to Ms. Schue's question, Mr. Don Allen said that Public Works or Planning will not-engage themselves in this matter as a normal course of action, that they will wait for direction from Council. Ms. Miller returned. Mr. Delay does not feel that the project should receive special priority and suggested that the area needs a refinement plan. Mr. Henry said that, by directing attention to the matter, it is going into the normal process rather than giving it priority attention. Mr. Haws is not in favor of the motion, but does want a report on the ponds and the County's plan for changes in the intersections. Mayor Keller said that, as limited funds are viewed, a cooperative effort between the two jurisdictions would be a viable solution. Vote was taken on the motion, which passed with all Councilors voting aye, except Haws voting no. Upon motion duly made, seconded and passed, the meeting was adjourned to June 11, 1979. ~~ J - - Charles T. Henry, ~ City Manager CTH:SG:sp/CM12a14 MINUTES--Eugene City Council June 6, 1979 Page 6 02.0