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HomeMy WebLinkAbout09/26/1979 Meeting , e_ M I NUT E S EUGENE CITY COUNCIL September 26, 1979 --------------------------------------------------------------------------------- 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. --------------------------------------------------------------------------------- 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. ~- 531 9/26/79--1 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. '- ; e \. 532 9/26/79--2 ~ --------- (_ 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 9/26/79--3 583 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. 9/26/79--4 53~ . . ..-- --~. , " (. 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. \..e 9/26/79--5 535 . --- - - - - . -- -_.,-~ .._- 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 . . . 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. - .e ~ 53b 9/26/79--6 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. Cf~)~ Charles T. Henry ~ City Manager CTH:sp/CM12a7 e 9/26/79--7 537