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HomeMy WebLinkAbout09/24/1979 Meeting .- M I NUT E S e EUGENE CITY COUNCIL September 24, 1979 ---------- -- -~_._--------~,. ---.--.-..--.- Adjourned meeting from September 19, 1979, of the City Council of the City of Eugene, Oregon, was called to order by his Honor Mayor Gus Keller at 7:30 p.m., Council Chamber, September 24, 1979, with the following Councilors present; Jack Delay, Betty Smith, D.W Hamel, Eric Haws Scott Lieuallen, Brian Obie, Gretchen Miller, and Emily Schue. --.-.--- ---- --- _._---- ----- ------ ------- ,--,--- I. PLANNER RESIGNATION--Manager announced that Planner Jim Saul will be leaving the City December 31, 1979 to become a partner with Moreland/ Unruh/Smith. Mayor Keller praised Mr. Saul on his performance while with the City. II. PUBLIC HEARINGS -_._- - ---- - A. B,ezoni n_gs 1. Property located on the north side of Stewart Road from RA Suburban Residential District and M-2 Light Industrial District e to M-1/SR Limited Industrial District with Site Review Procedures (Safley)(Z 79-18) (Map distributed) ___,__ Recommended Approval by Planning Commission July 24, 1979. Vote 5:0 2. Property located east of Bailey Hill Road and north of West 11th Avenue from RA Suburban Residential District and M-2 Light Indus- trial District to M-l/SR Limited Industrial District with Site Review Procedures (Broughton/Walsh)(Z 79-21) JM~~tri~uted) Recommended Approval by Planning Commission July 24, 1979. Vote 4: 1 3. Property located north of Stewart Road and east of Bailey Hill Road from RA Suburban Residential District and M-3 Heavy Indus- trial District to M-l/SR Limited Industrial District with Site Review Procedures (Eugene Planning Commission) (Z 79-22) (Map distributed) Recommended Approval by Planning Commission'Ju13l21f;T979. Vote 5:0 Manager introduced the topics. Mr. Saul, Planner, said this particular area has been of concern for the last 10 years, due mainly to residen- tial zoning along the north side of Stewart and Bailey Hill Road. There is a mix of light industrial and heavy industrial as well. Over the last several years a number of zone change requests have come before the City. The City was consistent, denying all of them and directed further study to determine the appropriate type of development. - 9/24/79--1 522. I , ~ The West Eugene Industrial Study, approved by Council in March 1979, e has particular pertinence here. Since requests for rezoning on Parcels 1 and 2 were received about the same time, the Planning Commission thought it best to consider the proper zoning for the intervening parcel. So it initiated the rezoning for Parcel 3. Mr. Saul said the Safley property involves 6.5 acres; the Broughton- Walsh property involves 4.6 acres; and the property recommended for rezoning by the Planning Commission involves about 20 acres. All of the property is in Study Area 4 The Planning Commission recommended approval of these zone changes on July 24, 1979. On property 2, the request was for M-2, but the Planning Commission is recommending M-1j SR to remain consistent with the Study. No ex parte contacts or conflicts of interest were declared by Councilors. Staff notes and minutes were entered into the record. Public hearing was held with no testimony presented. CB 1995--Authorizing rezoning from RA Suburban Residential District and M-2 Light Industrial District to M-1jSR Limited Industrial District with Site Review Procedures for property located on the north side of Stewart Road was read by number and title only, there being no Councilor present requesting that it be read in full. e Mr. Delay moved, seconded by Ms. Smith, that findings supporting the rezoning as set forth in Planning Commission staff notes and minutes of July 24, 1979, be adopted by reference thereto; 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 18504. CB 1996--Authorizing rezoning from RA Suburban Residential District and M-2 Light Industrial District to M-1jSR Limited Industrial District with Site Review Procedures for property located east of Bailey Hill Road and north of West 11th Avenue was read by number and title only, there being no Councilor present requesting that it be read in full. Mr. Delay moved, seconded by Ms. Smith, that findings supporting the rezoning as set forth in Planning Commission staff notes and minutes of July 24, 1979 be adopted by reference thereto; 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. 9/24/79--2 523 -~ ./ e 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 18506. CB 1997--Authorizing rezoning from RA Suburban Residential District and M-3 Heavy Industrial District to M-1/SR Limited Industrial District with Site Review Procedures for property located north side of Stewart Road and east of Bailey Hill Road was read by number and title only, there being no Councilor present requesting that it be read in full. Mr. Delay moved, seconded by Ms. Smith, that findings supporting the rezoni ng as set forth in Planning Commission staff notes and minutes of July 24 1979, be adopted by reference thereto, 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 18507. B. Performi~ Arts Commission Ordinance--Manager mentioned that this ordinance had been revised considerably as a result of two previous presentations to the Civic Center Commission for their review and - was also discussed at the September 19 Council meeting. Changes include changing the name to Performing Arts Commission, the number of members from seven to nine, and an elaboration of'the duties particularly in reporting to the Council. He said the staff feels that if the two members added are Council members, there might be a risk of Council dominance. He summarized the duties of the Commission members as outlined in the ordinance and the other major elements of the ordinance. Public hearing was opened. Dory Lee McGi11ivary, 2275 Fairmount Boulevard, Commission member, said-She feels the City 1S the appropriate agency to run thererform- ing Arts Center. Jim~i11imans, 738 Sunnyside Drive, Com~~sion member, favors the ordinance and offered the following comments. He said that nonprofit status for the organization was never really researched. Only one direction was really researched and he feels he should probably have abstained on voting for the structure of the organization because of the lack of, information on various options. As to the make-up of the Commission, he feels representation should include Eugene's diverse artistic tastes, familiarity with the overall operation of the Performing Arts Center plus their long-range plans, background and knowledge in the business of performing arts with a business and/or e 9/24/79--3 52Lf '. educational background, familiarity with other relevant performing arts organizations in the area, as well as development programs for e the Center's operation, and a person of a fair mind and dedicated temperment who will provide aesthetic guidance. He said he is con- cerned as to whether the Council is clear on its goals for operation of the Performing Arts Center. He also questioned the center director operating both the performing arts and convention centers. He wonders if the economics of successfully operating a convention center would dictate the dominant theme of the style and preference of dates. Will the Performing Arts Center reflect more the needs of the community rather than the special interests of the hotel/convention center clien- te 1 e . He also said that> prior to the passage of the bond measure, a commitment was made to emphasize local access to the use of the f ac il it i es . At that time the concern was expressed as to the effect of unionization of the facilities on the cost of the facilities rela- tive to community groups. The large hall will certainly be unionized and it is unclear whether the small theater will be. The increased cost of union labor will seldom be necessary with the abundance of local theatrical talent, he said, and it may become a major deterrent to the high level of community use desired. Mr. Williams mentioned that annual operating costs would show a deficit for the theaters of $116,016 and a deficit for the conference center of $147,720, for q total of $263 736. He also mentioned that presently Room Tax Funds provide approximately $56,000 annually in service contracts from arts organizations and thereby subsidize their development. He wondered if the entire Room Tax fund will be used to cover the annual operating deficit and, if so, would the City cease to purchase other cultural e arts servi ces. Mr. Williams also feels that reliance on national touring companies should be minimized. IIWe should encourage high-quality local artistic events to keep the money here,1I he said. Frank Geltner, 5205 Nectar Way, said Council has not been presented with enough alternatives. It is unclear that this is the best of the research that could have been done on the project. ~enson Snyder, Eugene Arts Foundation Executive Director, but speaking as an individual, commented on the great amount of interest and enthu- siasm in the project. He said he endorsed the ordinance as presented, but did have some concerns. He feels the Commission should provide assistance and counsel in any way possible that is consistent with the Charter to support the Manager in his search for an Executive Director. He has concerns about the concept of a single individual taking on both the general management of the convention center and of the Performing Arts Center. They are not necessarily mutually exclusive, but he has not seen an operation of this nature fully successful where two differ- ent operations were under a single leadership. He also feels it is premature to hire a director until the Council and the Commission have determined the Center's main purpose--will it be a booking house, a , e 9/24/79--4 52.5 . a local performance theater, a support mechanism to stimulate high- e quality organizations; what type of balance is desirable. He feels that homework on those issues needs to be done before proceeding. Public hearing was closed. Manager said that all qualifications for candidates mentioned by Mr. Williams might be useful. In drafting the ordinance, he said it was felt it should be open-ended on the question of membership. It would be impossible to represent all interested groups in the Commission. The Council should weigh carefully the types of Commissioners they would like to appoint. The quality of the operation will depend greatly on the competency of the director and of Commission members. He said he hopes the Commission members will be appointed by January 1, so that they may get on with the business of what type of programming to emphasize. Manager said groundwork is being laid for the director1s appointment and professional assistance will be sought on some of the issues that Mr. Synder raised. Staff also is pursuing the union question. He said he hoped local groups could run the small hall as much as pos- sible, with provision for protection for the equipment. On the issue of Room Tax funds, he feels it is necessary to continue to develop local artistic industry and that Room Tax funds are good for more than simply the Performing Arts Center. He does not see the City completely withdrawing that program at this point, though those decisions are e ones the Council may have to make depending on the circumstances. In answer to a question from Mr. Obie, Manager said that the ordinance does not require the director to manage both facilities, but at one point it had been mentioned that that might be the most desirable arrangement. That decision lies in the future and might require amendments to the proposed ordinance at a later date. Mr. Lieua11en said he hopes that the Commission will debate the issues of purpose of the center and balance as well as level of community involvement early on and take responsibility for much of those deci- sions. He likes the way the ordinance is written. Ms. Smith wondered if the Commission or Council would be able to be involved at all in approving the job description for the Director and possibly giving some advice along the way. Manager responded that, in the area of profile development, he would like any input from the Council on their feelings. He said it will probably be a four- to five month recruitment process, and he does not feel that a director can be appointed by the January 1 deadline. Ms. Schue said she would like some review on the reasoning behind a public operation. Mr. Long, City Attorney, said that in the Dykstra Report, biases had been expressed that a public agency cannot effi- ciently run a public facility. Staff challenged that because surveys done allover the country do not bear that out. Secondly, the fear e 9/24/79--5 5U . that Council would inject itself politically into the process is not a reason to transfer control to a private enterprise. Such fear stems e from considering forms of government unlike Eugene. he feels. Also. because of a provision of the Oregon consitution. it will be necessary to find a way to legally transfer public funds to support that organi- zation if it is removed from public control. Councils are prohibited from giving away tax dollars. Finally. if the Council gives up control. there have been experiences over the years where the Council could not control a quasi-public organization and complaints that piled up could not be dealt with effectively. The only way would be to remove the entire board. It is much more efficient to be able to deal directly with concerns as they are raised. Ms. Miller feels that the public structure must be insulated from Council political domination. She does not feel there should be any Councilors serving on the Commission. She realizes the issue is one that will come up later; however. it is mentioned twice in the proposed ordinance, once in Section 2.634(1) and once in Section 2.636. In those sections the Mayor is referred to as an ex-officio member and is given the power to appoint the president of the commis- sion. Manager said it was felt that authority might facilitate getting the Commission off the ground. Mr. Long also responded. saying that in some instances in the past it was felt that the purpose of certain commissions was so broad that it was reasonable to have the city-wide elected person appoint the president and also serve as an ex officio member. CB 1994--An ordinance creating the Performing Arts Commission; e adding new sections 2.630, 2.632, 2.634, and 2.636 to the Eugene Code, 1971, amending Section 2.013 of that Code; and declaring an emergency was read by council bill number and title only. there being no Councilor present requesting that 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. Ms. Miller moved, seconded by Mr. Hamel, to amend the motion by changing Section 2.634(1) to read, lithe Commission shall consist of nine members nominated by the Mayor and appointed by the Council. The City Manager shall serve as an ex-officio member of the Commission." Mr. Lieuallen said he thinks the question is one of political involve- ment. This change would lessen that concern. Ms. Smith said she felt that, at the outset at least, it might be more helpful to have the Mayor be an ex officio member. Ms~ Miller said she has nothing against the Mayor being at the meetings. She does feel it would be wise for the Mayor to attend the meetings and give advice and counsel for at least the first two years. She simply does not want to build his membership into the long-term structure. e 9/24/79--6 52.1 . e Vote was taken on the amendment, which carried, all Councilors present voting aye, except Ms. Smith voting no. Ms. Miller moved, seconded by Mr. Hamel, to amend the motion and delete from Section 2.636 the four words, "appointed by the Mayor." Motion carried unanimously. Mayor Keller said it is necessary to weigh the economics along with providing an arena for local talent. On unionization, he thinks there is concern about the small theater. He hopes it can be used without too many union personnel. He feels the Council is sensitive to that, as well as to the entire charge given to the Council on the structure of the Commission. On the make-up of the Commission, he assured people that all possible users will be represented. No one group has a monopoly. He does not fee 1 however, that each member need represent a different user group, but rather they will be looking for a cross section. Regarding the issue of Councilors serving, he said he is personally opposed to it. Also, he said that the issue of non-profit status has been dealt with for over a year and it has not been taken lightly. Mr. Delay mentioned that there will be many questions along the way. He feels it is healthy, however, because they are going after not just the Performing Arts Center, but investing in local artists as well. Mistakes will be made, but much will be learned as well. He has confidence in the skills of the community. He e feels the toughest duty for the Commission will be recommending whether the Center is meeting the needs of the Community to the fullest degree possible, and the Board's monitoring the community opinion in arriving at its evaluations. Vote was taken on the original motion which carried unanimously, and the bill was read the second time by council bill number on 1 y . 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 18508. C. New Liquor License Outlets 1. Sea Galley Stores, Inc. (Dispenser Class A); 4026 West 11th Avenue (Sea Galley Stores, Inc.) 2. PocketDeli Delicatessen (Package Store); 2445 Hilyard Street (Albert and Colette Esgate) Manager said both applications are in order. Public hearing was held with no testimony presented. e 9/24/79--7 52.8 . - Mr. Delay moved, seconded by Ms. Smith, to forward to OlCC with recommendation for approval, subject to conditions, if e any. Motion carried, all Councilors present voting aye, except Mr. Haws abstaining on Item 2 (PocketDeli Delicatessen). II. RECEIPT OF lIBRARY PETITION--Mayor Keller referred to receipt by Council members of a petition on expansion of Library physical facilities. He responded that the matter will be scheduled on a future Wednesday meeting agenda. III. RECOMMENDATIONS FOR JOINT PLANNING COMMISSION/COUNCIL MEETING ON U-lANE-O CREDIT UNION REZONING REQUEST (Z 79-6) (map distributed) Planning Commission had earlier recommended approval; Council had denied the request. Manager said this matter, therefore, went back to a joint meeting of the Planning Commission and Council and there was not a change of mind by the Planning Commission at the time. C.B. 1915--Authorizing rezoning from R-4 Highrise Multiple-Family Residen- tial District to C-2 Community Commercial District property located at 1148 Ferry between 11th and 12th avenues on the west side of Ferry was read by number and title only, there being no Councilor present requesting that it be read in full. Mr. Delay moved, seconded by Ms. Smith, that findings supporting the rezoning as set forth in Planning Commission findings and minutes of May 21, 1979, and reaffirmed August 27, 1979, be e adopted by reference thereto; 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. Motion was defeated, Mr. Hamel, Ms. Smith, and Mr. Obie voting aye; Mr. lieuallen, Ms. Schue, Ms. Miller, and Mr. Haws voting no, and Mr. Delay absta i ni ng. Mr. Delay moved, seconded by Ms. Smith, to approve staff notes of May 1, 1979, and deny the Planning Commission recommendation. Motion carried, Mr. Haws, Ms. Schue, Mr. Lieuallen, Mr. Obie, and Ms. Miller voting aye; Mr. Hamel and Ms. Smith voting no; and Mr. Delay abstaining. City Attorney clarified that Council would be approving staff notes which is consistent with incorporating them, they need to adopt them by reference thereto, not approve them. e 9/24/79--8 529 IV. ORDINANCES FOR FIRST READING e ---- -- A. Willakenzie Island Area 2 CB 1919--Authorizing rezoning from County AGT to City R-2/PD property located within Willakenzie Island Area 2 (part of Alltucker property) was read by number and title only, there being no Councilor present requesting that it be read in full. The Attorney's office has requested the matter be held over for two weeks because acquisition is not quite complete. Mr. Delay moved, seconded by Ms. Smith, to hold Council Bill 1919 over to the October 8 meeting. Motion carried unanimously. B. levying Assessments and Referring to Hearings Panel October 1, 1979 CB 1998--Levying assessments for paving, sanitary sewer, storm sewer, and pedestrian way to serve Souza Park 4th Addition and to serve Candlelight Park 4th Addition was read by number and title only, there being no Councilor present requesting that it be read in full. CB 1999--Levying assessments for sanitary sewer along south side of Beltline Road from Coburg Road to 3,000 feet east was read by number and title only, there being no Councilor present e requesting that it be read in full. CB 2000--Levying assessments for paving, sanitary sewer, and storm sewer in Garden Meadow Subdivision; and paving Crescent Avenue from west boundary of Garden Meadow Subdivision to 300 feet west was read by number and title only, there being no Councilor present requesting that it be read in full . Mr. Delay moved, seconded by Ms. Smith, that the bills be read the first time and referred to the Hearings Panel for hearing October 1, 1979, with panel recommendation to be brought back for Council consideration October 8, 1979. Motion carried unanimously. V. RESOLUTION - Res. No. 3240--Authorizing payment of bills and claims for the period September 10, 1979, through September 24, 1979, was read by number and title. Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Roll call vote. Motion carried unanimously. Upon motion duly made, seconded, and passed the meeting was adjourned to e s~' )~ Charles . enry City Manager CTH:DP:sp/CM7b19 530 9/24/79--9