HomeMy WebLinkAbout09/26/1979 Meeting
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e_ M I NUT E S
EUGENE CITY COUNCIL
September 26, 1979
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Adjourned meeting from September 24, 1979, of the City Council of the City of
Eugene, Oregon, was called to order by His Honor, Mayor Gus Keller, September 26,
1979, 11:45 a.m., Council Chamber, with the following Councilors present: Jack
Delay, Betty Smith, D.W. Hamel, Eric Haws, Scott Lieuallen, Brian Obie, and Emily
Schue, Councilor Gretchen Miller was absent.
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1. ITEMS FROM MAYOR AND COUNCIL, APPOINTMENTS, ANNOUNCEMENTS, AGENDA ADJUSTMENTS
A. National League of Cities Urban Design Project--Mayor Keller announced
that the City has been chosen to participate in the National League of
Cities Urban Design Project. Application had been filed along with
115 other cities. Eugene is one of 11, and the project is funded by
HUD and Johnson Foundation funds.
B. Human Rights Staff--Manager announced that Betsy Merck, after many
good years of service to the City, will be leaving the City to move to
(_ San Francisco. Her last day will be October 12. Also, Christine
Mahoney is now on board, replacing former Human Rights Specialist Andy
Clement.
C. Police Contract Settlement--Gary Long, Personnel Director, stated
there has been a tentative agreement on the Police successor contract
for a three-year period. The first year there will be a nine-percent
wage adjustment plus some fringes. The second and third years will be
negotiable. Bargaining has been continuing for the last 10 months,
and Mr. Long expressed appreciation to all who have been involved.
D. 1990 Update Plan--Councilors received a copy of the 1990 Update Plan.
Manager said that Planning would be pleased to provide a briefing for
Councilors if they so desire. The Planning boards of the three
jurisdictions will be meeting to layout the process.
E. Data Processing Acting Directorship--Manager announced that Paget Engen,
City Manager1s office, will be the acting Data Processing Department
Director until a permanent replacement is selected, due to the resigna-
tion of Joe Williams. An open recruitment process is underway.
F. Revenue Task Force Meeting--Manager announced there will be no Revenue
Task Force meeting this week. The next meeting will be held on
October 4.
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G. October Council Meetings--Due to conflicts with the October 22 meeting e
C and the fact that there will be no meeting on November 12, because
of the League of Oregon Cities meeting, Manager proposed, and Council
agreed, that the October 22 meeting be rescheduled for October 29.
H. Construction Warrants--Material has been distributed to Council
members on construction warrants. The item will appear on the
October 3 Council agenda. Manager said that six Councilors must
be present.
I. Program Agent Agreement--Council members received a memo on the
Program Agent agreement. No action is necessary; that matter is
progressing well. Certain amendments will be made to the existing
agreement.
J. Youth Commission Resignations--Manager announced the resignation
of two Youth Commission members, Rose Pike and Gale Orford. Randy
Stevens is the only available alternate, and Manager recommended that
he be selected to fill Rose Pike's position and that the normal
Citizen Interest Month process in January be used to fill the remain-
ing vacancy.
Mr. Delay moved, seconded by Ms. Smith, to appoint Randy Stevens
to complete the unexpired term of Rose Pike. Motion carried
unanimously.
( K. Class C Liquor Licenses--Councilors received a memo from the Manager's e
Office on the handling of Class C Liquor licenses. It appears that
they will be handled in the normal process as established for other
categories.
L. Governor's Housing Conference--Councilors received material on the
Housing Conference. Mr. Lieuallen said he thinks someone from the
Council, possibly Mrs. Schue, should go, particularly due to the
recent interest about downtown housing and the condominium issues.
Both Councilors Obie and Schue indicated a desire to attend the
conference.
II. ROUTINE ITEMS FOR COUNCIL APPROVAL
A. Approval of Council Minutes for September 19, 1979
Mr. Delay moved, seconded by Ms. Smith, to approve the Council
minutes of September 19, 1979. Motion carried unanimously.
B. Tri-Agency: Addendum to Lease Agreement--Manager explained that the
agreement changes the rental to reflect more accurately a 15-1/2 year
amortization of total construction costs of $443,262.03, at six
percent. The change amounts to approximately $700 a year.
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(_ Mr. Delay moved, seconded by Ms. Smith, to approve the agreement.
Motion carried unanimously.
Res. No. 3241--Authorizing easement of Tri-Agency Animal Regulation
Authority Property for EWEB purposes was read by number
and title.
Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution.
Ro 11 call vote. Motion carried unanimously.
C. Resolution--Transfer of Non-Contingency Funds
Manager explained that one of the major items in this transfer is
the transfer of Room Tax funds to specify the creation and funding in
part of the Eugene Arts Foundation. It had been previously determined
that they would be funded for one year from the Room Tax fund and
would be on their own after that. Their sole purpose is to solicit
funds for the Performing Arts Center. Other major transfer items
include the Visual Arts Committee budgeting, and 16 capital projects
on which there were specific over-runs requiring shifting, and also a
systems development tax transfer to accurately replace appropriations
encumbered by public improvement contracts.
Res. No. 3242--A resolution authorizing the transfer of non-contin-
gency appropriations 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.
Ms. Smith wondered about the $45,000 in Room Tax money. It was
explained that the money had already been appropriated and is simply
being shifted from one line item to another.
Vote was taken on the motion which carried, all Councilors present
voting aye, except Mr. Haws voting no.
I II. CONSIDERATION OF CONTRACT WITH ODOT ON ROOSEVELT BOULEVARD CONSTRUCTION
Don Allen, Public Works Director, explained that the project will be
funded with 88-percent Federal Aid Urban System funding, six-percent State
funding, and six percent City funding. The project conforms to the
Eugene-Springfield T-2000 Transportation Plan and will provide a four-lane
arterial truck route from Highway 99 to Beltline as well as a twelve-foot
wide bikeway adjacent to the flood control channel to be constructed north
of the arterial from Mapl~ to Beltline. He said that in 1980 the section
between Bertelsen Road and Beltline would be completed. They would also
try to acquire the right-of-way for Highway 99 to Beltline, also provide a
major drainage channel. The following year Bertelsen Road to Highway 99
~e would be completed which would also involve a section of Roosevelt between
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Garfield and Highway 99. A large portion will be assessed to the adjacent .
property owners. He added that the Active Bethel Citizens did adopt the
project as a first priority to take truck traffic out of that neighborhood.
Res. No. 3243--A resolution authorizing execution of contract no. 7136
with the State of Oregon, Department of Transportation,
concerning an urban system construction project was read by
number and title.
Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution.
Roll call vote. Motion carried unanimously.
IV. ORDINANCE FOR FIRST READING
CB 2001--An ordinance concerning parades; amending Sections 5.500, 5.505,
and 5.520 of the Eugene Code, 1979, and declaring an emergency.
Manager explained that there are still refinements to be made to the
ordinance and it has been requested that it be held over until October 3.
Tim Sercombe, City Attorney staff, explained that the present ordinance is
at least 20 years old. Supreme Court decisions since that time have
stipulated that free speech cannot be prohibited except with regard to the
time, place, and manner of restrictions. Also, whenever official discre-
tion is involved, conditions have to be fairly narrowly prescribed. Mr.
Sercombe said the draft outlines the definition of a parade, plus the .
conditions on when permits can be granted. Another provision would allow
the Police Chief to develop and issue administrative rules. Mr. Lieuallen
wondered if the rules would come before the Council. Mr. Sercombe answered
that they could but that the rules would give discretion to the Police
Chief exclusively. Mr. Lieuallen said he would like to hear more on the
role of the Police Chief in creating the rules. He felt it sounded like
the Council may not have any say in the process once the rules are in
effect. Mr. Sircombe said that the rules are designed to guide people who
are applying for parade permits. Mr. Lieuallen hoped that Council could
amend the ordinance with regard to the rules being used by the Police if
they appear to cause problems. In response to Mr. Lieuallen's contention
that this was in response to one particular incident, Assistant City
Manager mentioned numerous problems of late with parade-type matters. He
mentioned movie companies wishing to hold a parade in their film sequences,
marathon runners using the streets, as well as the need to protect the
rights of people who are picketing peacefully.
It was understood that the ordinance would be held over until
October 3.
V. GROWTH MANAGEMENT STUDY-~FURTHER DISCUSSION
Councilors received today a memo dated September 25, 1979, from Councilor
Mil'-er in which she submitted her ideas and suggestions in written form, ~
since she is on vacation, in the hope that they will be considered and that
appropriate motions will be made and passed.
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(. Jim Farah, Planner, briefly reviewed Council actions on the study as made
at the September 17, meeting. The review was then continued, starting
with Policy 3(c)(2) of Chapter 3.
Policies
Policy 3c(2)--The words "central business di~trict" were changed to
"downtown. II
Mr. Delay said he thinks a work session on the housing issues will be
needed to move forward on matters of housing in the downtown area.
Policy 3d(2)--Mr. Obie wondered about conversion of duplexes into condo-
miniums and if policies in Eugene were moving in that direction. He
clarified his statement by saying he meant the individual ownership of
separate units of newly-constructed duplexes. Mr. Farah said wording
could be brought back in that regard. Mr. Lieuallen said that, as data on
a possible moratorium on the condominium issue is developed, he would like
to know the trends in other areas such as duplexes. Ms. Schue said she
liked Mr. Obie's idea in terms of new construction.
Policy 3d(3)--Mr. lieuallen wondered what was meant by emphasis being
placed on siting and design criteria to ensure privacy and to permit use
of solar energy. Mr. Keller said siting and design criteria relates
to panhandle lots to assure that as duplexes on corner lots are dealt
with, there will be adequate protection for neighbors.
(_ Policy 3d(4)--This policy states that, in areas where there' is excess
school capacity, City policy should discourage conversion of residential
property to non-residential uses. Mr. Lieuallen wondered if there would
be mechanisms that the Planning Commission and Council could use to
discourage this conversion. Mr. Carlson, LCOG, said that a possible
concrete action would be to deny the zone change and use this policy as a
criteria. Ms. Schue said she feels the policy is pretty narrowly drawn as
non-residential uses may be appropriate in some instances. Mr. Lieuallen
said that there is a direct correlation between attracting families to an
area and the proximity of a school .If enrollment declines and the school
district feels the school should be closed, that somewhat seals the fate
of the neighborhood, making it go from residential to commercial and
promoting sprawl. The key is to maintain the residential element and the
school. "You cannot do one without the other," he said. Manager said
another complicating factor is that the same effect is achieved in convert-
ing to small apartments, units which affect the compact growth goal. It
was suggested that maybe people would be more comfortable if the wording
were more general with respect to converting single-family residences such
as "discourage extensive conversion." Mr. Lieuallen said he thought the
reference in the proposal was mainly to "elementary" schools. Mr. Farah
said perhaps adding the word "elementary" would help. Mr. Delay suggested
stating the policy in a more positive tone, such as "in areas having
excess elementary school capacity, City policies should encourage main-
taining residential properties in the area; which seemed to meet with
Council approval.
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Mr. Haws left the meeting. ~
Policy 8b: Ms. Smith suggested changing the words central business
district to "downtown." Ms. Miller's suggestion was incorporated, making
the policy read, "location of basic grocery stores in the downtown area
should be encouraged to complement the housing to be located there."
Policy 9: Ms. Miller's modification was incorporated, making the policy
read, "The City should encourage new and existing businesses which would
use the talents and efforts of existing residents as we seek to diversify
our employment base. We need not take steps deliberately to attract more
residents here; our efforts to preserve the livability of the area will
continue to act as a magnet to people seeking a better environment."
Po 1 icy 11: It was Council consensus to incorporate Ms. Miller's sugges-
tion, changing the word IIshallll to "should."
Policy 12: Ms. Miller, in her memo, proposed that a sentence be added to
policy 12 as follows. IIEugene should establish a schedule of continuous
reports to the Planning Commission and City Council aimed at providing
public officials with information and recommendations for actions directed
at continuous gro\~h management efforts. These reports should include
identification of any legislation and administrative procedures which have
been adopted which affect the concerns set forth in this chapter.1I
Manager suggested changing the word "Eugenell to IIStaff."
Ms. Miller also said in her memo that one policy in the existing Community (e
Goals document, Policy 8, has been omitted entirely from the proposed
growth management provision. She suggests the following wording: liThe
City should support and encourage State and County efforts to preserve
good farm lands through development controls, taxation, and other incen-
tives.1I
Policy 12b(l): Mr. Lieuallen reminded staff that he wants some discussion
on the relationship between land value and the urban service boundary.
Proposals
Proposal 4: Ms. Miller, in her memo, suggested that 4a be renumbered 4 so
that proposal 4 would read: Incentives should be explored to encourage
development at the full density for which the land is zoned, with sensi-
tivity to preventing or minimizing disruption to existing neighborhoods.
However, see chapter 8 . II She then suggested that the present start
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of proposal 4 reading "in the core area" and then the geographic descrip-
tion, be placed immediately before what is now numbered 4-a-l, reading:
"In the core area, since parking requirements are often a limiting factor,
reduction of parking requirements where demonstrably justified should
be allowed," and again, '~in the core area," the geographic description,
"urban renewal procedures should be modified to allow the agency to assist
in assembling land parcels," and so on.
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e Mr. lieuallen referred to proposal 4a, part of which says, liThe existing
supply of inexpensive standard housing should be carefully conserved by
Code enforcement, zoning practices to discourage conversion to non-
residential uses, and consideration of housing conservation as a determin-
ing factor in locating public facilites." He was concerned that the task
of enforcing the code would thereby do away with inexpensive housing.
Manager said he thinks that in Eugene at present there is a low-level
attempt to protect the neighborhoods except for apartments and motels.
Effort is made on a cyclical basis to preserve those facilities and
protect the health of the residents by enforcing code requirements without
increasing the cost substantially. He agrees that if there were a high-
powered upgrading the owner's cost would conceivably go up.
Proposal 4c, which states that action should be taken to establish more
livest pocket" parks to accommodate high-density residential area dwellers,
was discussed. Manager said the problem with the vest pocket parks is
that users come in at all hours and it is a constant nuisance, if not
crime, problem. Generally speaking, Parks administrators feel a park
should be able to be viewed from two sides from the street. Mr. Delay
referred to such problems in the West University Neighborhood Park. Mr.
Lieuallen said that he was bothered with the proposal's inclusion if it is
not being subscribed to. Assistant Manager said that, when discussing
such matters back in 1974, the thrust was to preserve open space in
high-density development projects. Mrs. Schue suggested changing the
words livest pocket parks" to "convenient recreational opportunities.
e It was decided that further review would begin at the next meeting with
Proposal number 7.
Upon motion duly made, seconded, and passed, the meeting was adjourned to
October~3, 1979.
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Charles T. Henry ~
City Manager
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