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HomeMy WebLinkAbout07/11/1979 Meeting t~II~UTES EUGENE CITY COUNCIL e July 11. 1979 Adjourned meeti ng from July 9, 1979, of the Ci ty Council of the Ci ty of Eugene, Oregon, was called to order by His Honor t4ayor Gus Keller at 11:45 a.m., Council Chambers, with the following Councilors present: Jack Delay, Betty Smith. Eric Haws, Scott Lieuallen, Brian Obie. Gretchen Miller, and D. W. Hamel. Council or Emily Schue was absent. I. ITEMS FROM MAYOR AND COUNCIL A. Regulation of Roller Skating Mr. Delay said he had read an article in the Register-Guard that suggested roller skaters could use the bike paths. He had seen conflicts develop in California due to this activity and was con- cerned. He felt the City should anticipate conflicts between skaters, cyclists, and pedestrians, and establish regulations before people became accustomed to using traffic paths in certain ways. Manager replied that he had tentatively scheduled a discussion and proposals for the regulation of skating in the downtown mall area for the _. August 1, 1979, Council meeting. The Council could also consider the regulation of roller skating on bicycle paths. Mr. Drapela said the Parks and Recreation Department has received numerous complaints, and he had forwarded a memorandum to tvlr. Martin with a series of recom- mendations that could be considered simultaneously by the Council. Lane County has expressed a similar concern about skating within Alton Baker Park. B. New State Tax Measures Mr. Obie asked if the Council would be interested in an orientation to the various property tax measures passed in the recent legislative session and a report on what impact these tax measures may have on the Ci ty' s future. The Mayor, with a consensus of the Council, asked that it be put on a future agenda. C. City's Income and Expenditures: Five-Year Projection Mr. Obie asked the staff to prepare a five-year projection of income sources and compare it with future expenditures, so the Council and the Revenue Task Force can anticipate a revenue shortfall. He noted that the City did need to prepare a five-year projection for the State of Oregon. Manager and Mayor agreed this would be the first item on the agenda of the Revenue Task Force. - 7/11/79--1 373 \ D. Metro Plan Policy Committee Ms. Miller stated she would be unable to attend one meeting and noted e that alternates had, in the past, participated in MPPC meetings under these circumstances. Ms. Miller moved, seconded by Mr. Delay, to appoint Mr. Lieuallen as alternative representative to MPPC. Motion carried unanimously. E. City's Response to SB 361 Ms. Miller asked the City Attorney to prepare a statement in regard to the issues raised by SB 361 which dealt with free speech in mall areas, indicating what might be the position.of the City if it chose to ac tin th i s a rea. Mr. Sercombe said he would prepare it. F. Introduction of Cathy Freedman and Bill McGuire Manager introduced Cathy Freedman, the new Office Manager in the City Manager's Office. She was the office manager at the University of Oregon, Office of Student Financial Aid. Manager introduced Bill McGuire, new Assistant Finance Director, who had been the City Manager in Yuma, Arizona, for three years, until coming to Eugene. Prior to that, he was General Service Director. G. Vacation Schedule l. City Council vacation schedule; there will be no Council meetings - August 22 or 29, 1979. 2. City Council Goal Setting Session, September 21 or 28, 1979. Council would like to have Don Murray as speaker at Goal Setting Session. H. ApPointments--Metropolitan Area Plan Advisory Committee (Memo Distributed) Manager said Rob Robertson and Steve Wood have submitted applications for reappointment to MAPAC. Mary Sherriffs did not reapply; and it was reported that she was not interested in reappointment. Manager asked if the Council was interested in reappointing these candidates or would like to advertise and get more applicants. Manager said the new ordinance said, "appointment by Council." Mr. Lieuallen moved, seconded by Mr. Hamel, to reappoint Rob Robertson and Steve Wood. Motion carried unanimously. Mr. Lieuallen said that Jon Silvermoon, an appointment from the County to MAPAC, feels that he will not be reappointed by the County. Mr. Lieuallen said he is interested in keeping experienced people on the committee. - 7/11/79--2 3'7lf Mr. lieuallen moved, seconded by Ms. Miller, to appoint Jon -- Silvermoon since he is a city resident, to replace Mary Sherriffs as representative to MAPAC. Ms. Smith objected to starting this kind of process. She fel t the Council would be in trouble later if they did not go through the advertising, interviewing, recommendation, and appointment process. Mr. Lieuallen could understand that concern. He had felt his motion was doing something similar since it was appointing an experienced person. Manager noted the ordinance was specific in saying the Council Sub- committee (Mr. Delay and Ms. Smith) interviews, recommends. and the Council appoints the members for the Metropolitan Area Plan Advisory Committee. Mr. Lieuallen, with the concurrence of Ms. Miller, withdrew the motion to appoint John Silvermoon to replace Mary Sherriffs. Manager, with the agreement of the Council, decided to advertise and return to the Council with the applications on August 1, 1979. Ms. Miller asked if the process did not apply to the reappointment of Robertson and Wood as well. Manager and Mayor did feel that it did apply to reappointments. e Mr. Lieuallen expressed his concern in now advertising these positions since the Council had previously unanimously approved reappointment of Robertson and Wood. Mr. Obie moved, seconded by Ms. Smith. to reconsider the action taken on Mr. Robertson and Mr. Wood. Motion carried 5:2. Haws and Lieuallen voting no. Mr. lieuallen. with the concurrence of Mr. Hamel, withdrew the original motion. 1. Appointment to Revenue Task Force Manager noted Mr. Haws had recommended Jim Ellison; Ms. Smith had recommended Dick Hanson; Mr. Obie had recommended Jim Reinmuth; Ms. Schue would serve herself; Ms. Miller had recommended Susan Pease; Mr. Hamel had recommended Dick Olson; and Mr. Delay had recommended Brian Bauske. Mayor noted that he and Mr. lieuallen hope to have their appointments to finalize the list by Friday. J. Supplemental Agenda Items 1. Manager noted that on June 27, 1979, the City Council voted to consider the property tax relief measures for the November elec- tion, and asked that the measures be brought before them. e 7/11/79--3 315 \ CB 1935--A measure submitting to the voters an ordinance amending the Eugene Code. 1971, which imposes tax on transfers of interest - in real property. Mr. Delay moved, seconded by Ms. Smith, that the bill be read the first time and brought back for second reading and final action at next Wednesday's meeting. Motion carried 4:3 (Mr. Hamel, Ms. Smith, and Mr. Obie voting no). CB 1936--A measure submitting to the voters an ordinance amending the Eugene Code, 1971, which imposes a tax on gross receipts of businesses. Mr. Delay moved, seconded by Ms. Smith, that the bill be read the first time and brought back for second reading and final action at next Wednesday's meeting. Motion carried 4:3 (Mr. Hamel, Ms. Smith, and Mr. Obie voting no). 2. Calling public hearing re: Street Vacation. (Hugh Anderson-- SV 79-2) Manager explained that this item replaces Item III on the agenda: Calling public hearing for August 15, 1979, re: Street Vacation located on Spring Boulevard midway between Firland Boulevard and Kimberly Drive. The public hearing had not been properly advertised, so it was necessary to recall the hearing and advertise. CB 1930--Calling public hearing for August 15, 1979, re: Street Vacation e located on Spring Boulevard midway between Firland Boulevard and Kimberly Drive (Anderson--SV 79-2). 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 18442. K. Announcements: Report--Hearings Panel , Side Pocket Tavern, June 18, 1979 Manager said that the hearing had been held. This is an appeal of a denial of a liquor license. This denial was due to the number of incidents requiring police action and other problems making this an undesirable situation as a tavern operation. The hearings report was unavailable because ~s. Schue was in Scotland on vacation. The results will not be available until she returns. No action was taken on this matter. - 7/11/79--4 37b -------- Manager noted because of Ms. Schue's absence, the July 16 Assessment . Panel meeting needed a Councilor to take her place. Mr. De 1 ay vo 1 un teered. II. ROUTINE ITEMS FOR COUNCIL APPROVAL A. Minutes of June 20, 1979 Mr. Delay moved, seconded by 14s. Smith, to approve the minutes of June 20, 1979. Motion carried unanimously. B. Improvement Petition Res. No. 3187--Authorizing sanitary sewer construction in Flowerday Subdivision (1722) Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Roll call vote. Motion carried unanimously. Res. No. 3188--Authorizing street paving, sanitary sewer, and storm sewer construction within Somerset Hills VIII, Phase II (1760) Manager noted this will cost the City $20,000 because the sewer runs along a park. e Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Roll call vote. Motion carried unanimously. Res. No. 3189--Authorizing street paving, sanitary sewer, and storm sewer construction in Solar Heights Subdivision and in 52nd Avenue adjacent to Solar Heights Subdivision; and sanitary sewer construction in Willamette Street from Marlboro Lane to 52nd Avenue (1641) tAr. Delay moved, seconded by Ms. Smith. to adopt the resolution. Ro 11 ca 11 vote. Motion carried unanimously. C. Segregation of Assessments 1. Located east of Shasta Loop, approximately midway between East 43rd Avenue and Vine Maple Street; applicant: Dennis Hugh Anderson, SE 79-U2 Mr. Delay moved, seconded by Ms. Smith, to approve the segregation of assessment as noted. Motion carried unanimously. 2. Located east side of Fir Acres Road between Cal Young Road and Bond Lane; applicant: Grace Lawton, Cascade Escrow, for David M. and Joyce Alldredge, SE 79-03 e 7/11/79--5 377 ; Mr. Delay moved, seconded by Ms. Smith, to approve the segregation of assessment as noted. Motion carried unanimously. . III. NORTHWEST NATURAL GAS FRANCHISE RENEWAL (Memo Distributed) Manager noted this franchise will run for 20 years and will remain at three percent. Changes over the previous franchise are in Section 5, the City reserves the right to stop work on a public way or place if the work has a serious adverse effect on traffic flow or endangers public safety, and Section 12, concerning rates and permit fees which would make the franchisee subject to the same taxes and permits as other businesses operating in the city. Manager introduced Mr. Elbolin, representing Northwest Natural Gas. CB 1916~-Granting to Northwest Natural Gas, its successors and assigns, for the period of 20 years from and after the effective date of this ordinance, a non-exclusive right and franchise to lay, maintain, and operate gas mains, pipes, and appurtenances in the present and future streets, alleys, public easements, walkways, bikeways, and public places in the city of Eugene, Oregon, and thereof, and others, for light, heat, power, and other purposes; providing for the payment of compensation to the City; and providing for the repeal of Ordinance No. 11549, passed by the Common Council June 13, 1959, and approved by the Mayor July 14, 1959. Mr. Delay moved, seconded by Ms. Smith, to set August 13, 1979, as - a public hearing on CB 1916. Motion carried unanimously. IV. SYSTEMS DEVELOPMENT TAX EXEMPTIONS (Materials Previously Distributed) Manager referred to the memorandum of June 20 from the City Attorney. The Oregon Constitution forbids exempting one organization and, if a broad spectrum of organizations were exempted, they would include Sacred Heart, University of Oregon, etc., the Manager explained. The staff was not enthusiastic, he said. Mr. Obie, after reading the memorandum of the City Attorney and noting all the broad spectrum of interests that might be exempted, realized it was impossible from the legal point of view. He had hoped, originally, that it could be dealt with case by case. Brian Krog, State Program Director of the Easter Seal School, told the Council about the new pool and therapy center that will be available to the commun i ty . He noted that it will be paid for by private donations. He asked that the Easter Seal School be exempted from the systems devel- opment tax. In response to Mr. Krog, Mr. Obie said that the Council had been told that the City cannot exempt one organization, such as the Easter Seal School. e 7/11/79--6 318 -- ---- Ms. Smith expressed her original desire to exempt non-profit organizations e on an individual basis, but was pursuaded that to exempt such a class of organizations would be too broad. She noted that the City needs the income provided by the systems development tax. She said she was willing to support the Manager's recommendation to not exempt anyone particular non-profit organization. Manager said he would write a letter to the Easter Seal School explaining the Council's action. V. PEDESTRIAN EASEMENTS (Staff Report Distributed on Number of Unimproved Pedestrian Easements) Manager said this issue had been raised by the Council when they had been reviewing a specific request for a vacation of a pedestrian/bike easement. The Planning Commission recommended that if not vacated, it should be improved. The Council requested information on other methods of financing other than direct assessments of the property owners, since there is little benefit to the abutting property owners. Manager referred Council to the memorandum showing 17 pedestrian ways needing improvement, four future improvement, and nine for vacation. The total Ci ty cost woul d be $88,500. For the five-foot walk, the owner would pay one-third. I f the paving was over five feet, the City would pay the added cost. Manager suggested the City would work on this in next year's capital improvement program. In the meantime, the City could reconsider the assessment ordinance, bring it back for a public hearing and a final decision. e In answer to Ms. Miller's question concerning the developer's responsi- bility, Mr. Gilman said most of these easements are over ten years old. New easements are not the problem because they are paved by the developer and the cost is added to the cost of development. Councilors Hamel, Lieuallen, and Delay expressed a desire to consider each case individually. Manager felt the vote of the Planning Commission might be affected if there were a different financial arrangement. Possible changes in the assessment law ought to be considered and referred to the Planning Commission, along with some of the individual cases. The staff coul d then consider those which are critical and wait on the others to be brought to the attention of the City. Manager reque s ted Counc i 1 to formalize a financial proposal in ordinance form. and to look at those that need improvement and get them to the Planning Commission. Councilors' Obie and lieuallen expressed a desire to look at the financial responsibilities of each case individually. Manager noted there is a six- month lag time for implementing changes in financing policy under terms of the Charter and law on changing assessment practices. If the ordinance were passed, it woul d not take effect unti 1 six months later. The Planning Commission, currently, has no leeway for adjustment in these cases. It is a choice of the vacation or the abutting owners must pay for the improvement. The City cannot pay. e 7/11/79--7 379 Mr. Delay noted that when Council considered the easement, Councilors had wished to have the option of more City participation. - "Just so you do not create a mountain," Mr. Obie said, "all we were asked to do was to create a property easement and I am not sure that we need to go beyond that point." Ms. Miller agreed with Mr. Obie, but felt the Council should give consider- ation to changing the assessment policy. The consideration before them is a choice of vacation or assessment of property owners for improvement. If the decision is vacation, that is all right, but if the decision is for improvement, there should be a way for the City to share the cost. She said that this is not now possible with the six months' lag time. Mr. Gil man tol d the Counc il about one easement that is mai nta i.ned in a substandard way. He said having a policy would help with the maintenance of these easements, as well. Ms. Smith moved, seconded by Ms. Miller, to accept the recommen- dations as outlined in the staff notes and direct them to come back with changes to the Code. Mr. Hamel felt that the City should not pay for past issues. The property owners should pay for the paths if the neighborhood people are using them. He would vote against the motion. To Mr. Obie's question, "Where would the funds come from?", Manager replied, "capital outlay/street funds." Mr. Obie felt he would have e trouble voting funds for such projects, given the priorities for these funds. To Ms. Smith's observation that this motion was asking for additional information, Manager replied that his interpretation was that the Council was requesting staff to bring back a proposed ordinance as recommended in the memo. Mr. Delay felt the action proposed made good sense in enabling the City to fund projects that would benefit the general community. Motion carried 5:2 (Hamel and Obie voting no). VI. FIRE STATION 6 RELOCATION Manager noted the inadequacies of the old station at Coburg and Turnbull, saying the proposed new station is part of the satellite plan and would become a master station. He asked the Council to secure the lot at Cob~rg and Elysium for the proposed new station. He introduced Captain Boggs to answer questions. e .380 7/11/79--8 . Ms. Smith moved, seconded by Mr. Lieuallen, to authorize City - Manager to exercise option to purchase Lots 1 and 2, Coburg Meadows, for 'future fire station site. Motion carried unanimously. VIr. STANDARDIZING CITY.S VISUAL COMMUNICATIONS (Memo Distributed) Ms. Baker noted that there are 28 different letterheads on file. She said adopting a uniform and consolidated letterhead logo would save money and woul d present a uni form image. This would be implemented on a management level for all departments as supplies were used up. The Council had no objections and agreed that Ms. Baker should implement the adoption of the new logo. VIII. HUMAN RIGHTS COMMISSION.S CRITIQUE OF CITY'S EQUAL OPPORTUNITY REPORT 1977-78 Manager introduced Kent Gorham and Betsy Merck. and referred the Council to the report. Ms. Smith and Mr. Lieuallen expressed the feeling that because the report was not so critical as heretofore the City was making slow progress. Mr. Hamel asked why the minority opportunities were so low and if it were due to a lack of qualified applicants. - Manager said, in terms of other cities in Oregon, Eugene looks good, but that is no reason not to try harder. Manager said the minority hiring problem is related to the minority market in terms of availability. Betsy Merck said that Eugene has hired more minorities than are represented proportionately in the community. Ms. Smith moved, seconded by Mr. Hamel, to accept the Human Rights Commission's Critique of the City.s Equal Opportunity Report 1977-78. Motion carried unanimously. Upon motion duly made, seconded, and passed, the meeting was adjourned to July 18, 1979. Respectfully submitted. ~ )~ Charles T. Henry Ci ty Manager (Recorded by Beth Conant) BC:so/CM7b5 e 7/11/79--9 38/