Loading...
HomeMy WebLinkAbout11/21/1979 Meeting . ~ M I NUT E S e EUGENE CITY COUNCIL November 21, 1979 Adjourned meeting from November 7, 1979, of the City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor Gus Keller at 11:45 a.m., November 21, 1979, Council Chamber, with the following Councilors present: Jack Delay, Betty Smith, D. W. Hamel, Eric Haws, Scott Lieuallen, Brian Obie, Gretchen Miller, and Emily Schue. I. ITEMS FROM MAYOR AND COUNCIL, APPOINTMENTS, ANNOUNCEMENTS, AGENDA ADJUSTMENTS A. Citizens' Involvement Committee Meeting--Ms. Schue said that the Citizens' Involvement Committee has prepared a draft of the metro plan update. Details are available from Planning and copies of the map with attendant explanation are available as well. B. EWEB Power Line--Mr. Obie wondered about any City involvement regarding the planned power line along the Amazon Canal. Manager said that the City has been conferring with EWEB and is very interested in e appropriate development of the Amazon Canal. Mr. Obie wondered if the matter could be placed on a future agenda for discussion. Manager explained the results of an earlier meeting to Mr. Obie as Mr. Obie had not been in attendance. EWEB had advised at that time that the cost of putting the power line underground will be several times more costly than overhead. Also, service problems would be highly compli- cated . In addition, the cost to ratepayers would be much higher. Mr. Obie wondered if there were easements or rights-of-way at this time that would allow EWEB to put lines in the requested location. Public Works Director said that at this point the City is in control of the right-of-way and would be in a position to grant such right-of- way. Mr. Obie wondered if it would require Council action and Public Works Director said that it would if the Council so desired. Mr. Lieuallen said he is personally opposed to overhead lines and is interested in urging selection of an alternate route. Manager said that the Council has insufficient information to take any action at this point, and Ms. Smith concurred. Manager did note the expense of putting lines underground. Mr. Obie felt it would be satisfactory to discuss the matter in two weeks, provided that EWEB will not be making any definite decisions before that time. C. Memo Re: Annexations--Mr. Delay noted the distribution to Council members of a memo ~rom Council Assistant Sheila Arthur regarding ~eth~ds of annexa~lon, which explored annexing lands in lumps versus ln plecemeal fashlon. He would like Council IS viewpoint and suggested e 11/21/79--1 6/1f . . that perhaps it could be discussed at the next Council meeting. Mr. Lieuallen felt that a longer session at one of the Council study e sessions might be warranted on the subject. D. Council Study Session--Manager reminded Council of a study session to be held Wednesday, December 12, 1979, at the Valley River Inn, immediately following the Council meeting. Councilors were asked for their views on what they would like to discuss at that session. Ms. Schue said she is interested in discussion of downtown housing. Ms. Miller said that discussion will soon be needed on the Metro Plan Update process, but she also feels that attention needs to be given to the whole package of housing issues and revenue issues, as well as Council committee assignments. Mr. Obie said that downtown housing and revenue were his first priorities. Mr. Keller suggested that, for the December 12 meeting, the three suggestions by Ms. Miller would be good items to discuss--housing issues, revenue issues, and Council committee assignments. It was also agreed that the Council would try to reach some resolution on one issue before discussing the next item. It was agreed that the Mayor would moderate the session. II. REPORT OF REVENUE TASK FORCE (memo distributed) Mr. Ralph Cobb, Chairman of the Revenue Task Force Committee, was present to give a report on the actions of that committee. He said that the commitee first arrived at a consensus that there was not adequate time to determine whether to advise placing the two business and property transfer tax measures on the November ballot. Questions continually raised were e how much money the City really needs and what any new tax should include. The overwhelming feeling was that the tax should be broad-based, progres- sive, and should be able to be paid in small increments. Also, the revenue should keep up with inflation, and the anticipated revenue should be substantial. The various taxes discussed included sales tax, income taxes of various kinds, business tax, payroll tax, real estate transfer tax, utility user tax, and a change in the property tax structure. He said that, at the October 18 Task Force meeting, some Oregon State Legis- lative Revenue Committee members appeared and painted a very bleak picture of State budgetary problems. They pointed out that major changes in the tax system are very hard to come by, and that they are only implemented successfully in times of crises. Also, people tend not to vote for new taxes, particularly in western states where voters are rather conservative. Oregon does not seem to have animosity towards its government, which could hel p somewhat. The legislative committee said that, if a new tax is desperately needed, their advice would be to consider either a sales, property, or income tax of some kind. It might be advisable to hire somebody to survey the voters on their views. - 11/21/79--2 tolS . . Mr. Cobb said that the recommendation of the committee was referral to the '_ voters of a personal and corporate income tax, to be collected as a surcharge on the State income tax, in a proportionate amount to a person's income, at a rate to be determined by the Council. The feeling was that that tax would be easy to collect, there would be low administrative expense, and the State is already equipped to collect it. There was some discussion as to whether to leave the corporate factor as a minority of committee members did not support this method of taxation. Mr. Obie expressed appreciation of the work of the committee, and Ms. Smith wondered about a recommendation on timing for placing the matter on the ballot. Mr. Cobb responded that February was the suggested date. III. ROUTINE ITEMS FOR COUNCIL APPROVAL A. Approval of Council Minutes of October 29, October 31, and November 7, 1979 Mr. Delay moved, seconded by Ms. Smith, to approve the Council minutes of October 29, October 31, and November 7, 1979. Motion carried unanimously. B. Improvement Petition (Affected property on petition: assessable costs: paving, 100 percent; sewers, 100 percent; City cost: none. ) e Res. No. 3273--Authorizing street paving, sanitary sewer, and storm sewer construction within Dillard Woods PUD (1736) was read by number and title. Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Roll call vote. Motion carried unanimously. C. Payment of Bills, Claims, and Progress Payments Res. No. 3274--Authorizing payment of bills, claims, and progress payments for the period October 29, 1979, through November 14, 1979, was read by number and title. Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Ro 11 ca 11 vote. Motion carried unanimously. IV. PUBLI C HEAR I NGS A. Vacation for Spencer's Crest Partnership (SV 79-6) (Map Distributed) Recommended approval by Planning Commission September 10, 1979. Vote 5:0 Public hearing was held with no testimony presented. e Iolb 11/21/79--3 . . CB 2020--Authorizing street vacation of a public right-of-way for property e located between Willamette Street and Donald Street, south of Marlboro Lane 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 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 18529. B. Easement Vacation for City of Eugene (EV 79-3) (Map Distributed) Recommended approval by Planning Commission September 10, 1979. Vote 5:0 r Public hearing was held with no testimony presented. CB 2021--Authorizing easement vacation of a public utility easement for property located between Chambers Street and Garfield Street north of 27th Place 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 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 18530. C. Easement Vacation for John Becker (EV 79-10) (Map Distributed) Recommended approval by Planning Commission September 10, 1979. Vote 5:0 Public hearing was held with no testimony presented. CB 2022--Authorizing easement vacation for John Becker for property located at the southwest corner of Martin Way and Center Way was read by number and title only, there being no Councilor present requesting that it be read in full. - ~11 11/21/79--4 . . e 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 18531. D. Easement Vacation for Schaudt Stemm and Walter, Inc. (EV 79-11) (Map Distributed) Recommended approval by Planning Commission, September 10, 1979. Vote 4:0. Public hearing was held with no testimony presented. CB 2023--Authorizing easement vacation of a publiC utility easement for property located at the northeast corner of Centennial Loop and a cul-de-sac extending north of this street 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 bill be read the second time by Council bill number only, with unanimous consent of e 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 18532. V. ORDINANCES FOR FIRST READING CB 2024--Levying assessments for paving, sanitary sewer, and storm sewer within first addition to Leahy Plat and on Pearl Street adjacent to first addition to Leahy Plat (78-51) was read by title and number only, there being no Councilor present requesting that it be read in full. CB 2025--Levying assessments for paving, sanitary sewer, and storm sewer to serve first addition to Sweetbriar Subdivision; sanitary sewer to serve area within 160 feet of the east boundary of first addition to Sweetbriar Subdivision, sanitary sewer and storm sewer within Sweetbriar Subdivision and sanitary sewer to serve area within 160 feet of the southeast boundary of Sweetbriar Subdivision; and storm sewer to serve Tom's Plat (78-52) was read by number and title only, there being no Councilor present requesting that it be read in full. e bIB 11/21/79--5 ~ . CB 2026--Levying assessments for storm sewer along south boundary of Delta Grove PUD from Happy Lane to 800 feet west (79-06) was e read by title and number only. there being no Councilor present requesting that it be read in full. CB 2027--Levying assessments for sanitary sewer in Banyan Subdivision and sanitary sewer construction 350 south of Cal Young Road from Hammock Street to 240 feet east (79-14) was read by title and number only, there being no Councilor present requesting that it be read in full. CB 2028--Levying assessments for paving on McKinley Street from approxi- mately 200 feet north of 20th Avenue to 250 south of 20th Avenue; and on 20th Avenue from McKinley Street to City View Street (78-53) was read by title and number only, there being no Councilor present requesting that it be read in full. CB 2029--Levying assessments for paving Best Lane from lone Avenue to 1300 feet north (78-62) was read by title and number 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 for the first time and referred to the Hearings Panel for hearing December 3, 1979, with panel recommendations to be brought back for Council consideration December 10, 1979. Motion carried unanimous ly. VI. CONDOMINIUM CONVERSION ORDINANCE PROPOSAL--STAFF REPORT e Manager explained that the proposed ordinance, which was distributed today, can be discussed by the Council and staff at this time and a public hearing will be held Monday, November 26, 1979. Mr. Stan Long, City Attorney, said that staff views a moratorium as a device by which a status quo is maintained while long-range solutions are sought. The ordinance before Council probably does not respond directly to the earlier Council motion, which requests protection of those over 62, handicapped, or who have resided in a unit for two years or more. As staff studied the problem, they became convinced that such a system was not workable. Staff felt that, if protection were afforded only to limited classes, those classes might be the focus of efforts to remove them by other means so that condominium conversions could go forward. If the ordinance exempted people 62 or older, for example, the landlord could respond by raising those rents. Also, a landlord could be unwilling to rent to new people if they were a part of a protected class. Mr. Long said that an alternative system would be one of rent control, but staff felt that they could not grapple with all the complexities of rent control at this time. Therefore, staff drafted an ordinance that imposes a moratorium on the e bl9 11/21179--6 . condominium conversion process itself. He said Council has the authority to adopt the ordinance as presented, and Mr. Long reminded Council that there will be those who will disagree and that some litigation could be forthcoming. The ordinance would prevent filing or recording of a declaration of condominium conversion prior to June 1, 1980, and it prevents all condo- minium conversions from occurring indirectly as well as directly. He also noted that there is a $15,000 fine for failure to comply, or $1,000 per day, per apartment unit, whichever is greater. He mentioned the hardship exemption process in the ordinance, and that such hardship cases would be heard by a hearings panel. Mr. Delay wanted further discussion on not including protected classes in the ordinance. Mr. Long said that experience may prove it will be necessary to come back to the question of protected classes, but it would seem that those classes would be discriminated against anyway, and that the process would work in reverse. Mr. Obie agreed with Mr. Delay, saying that if rent control is the only other solution, he would hope that other alternatives could be found. Mr. Lieuallen said that if the alternative of rent control were used in this case, the City of Eugene would be in effect establishing city-wide rent controls. Mr. Long said that would be true only with respect to multi-family dwellings. Mr. Lieuallen wondered if there were any laws limiting rent increases over a certain period of time, and Mr. Long said there was none to his knowledge. Mr. Obie said it seemed that there should be an alternative available at least for discus- e sion that would provide protection for the seniors being displaced. Manager explained that the concept of rent control would apply to every unit in the City and would be impossible to monitor. If applied only where a protected class is involved, it would still involve many many units. Mr. Obie said the ordinance as presented seems much too broad and affects the entire market place. He thought Council had focused its concern on those adversely affected because they were disadvantaged. Mr. Long said that trying to use a precise approach in a short period of time is legally difficult. Mr. Haws said the question now becomes whether Council wants to interfere with the condominium conversion process in Eugene at all. He feels that perhaps it would be best not to interfere in condominium conversions, and let the marketplace decide. Ms. Miller wondered if there would be as adverse an impact on the marketplace as some are fearing there will be, should the moratorium be enforced. Mr. Obie said the only adverse impact he sees is a limit on rental opportunities and the lack of having that availability grow. Ms. Smith emphasized that new construction is not being affected by this process. It was understood that further discussion would take place at the Monday, November 26, 1979, Public Hearing. Mr. Haws and Mr. Lieuallen left the meeting. e ~20 11/21/79--7 e VI. EXECUTIVE SESSION ON LAND ACQUISITION FOR LIBRARY (Information provided under separate cover.) Mr. Delay moved, seconded by Mr. Smith, to authorize the Council to enter into Executive Session as provided for in ORS 192.660(2)(a). Motion carried, all Councilors present voting aye. After conclusion of Executive Session, Council returned to public session. Upon motion duly made, seconded and passed, the meeting was adjourned. Ch~ ~~)/ . City Manager (Recorded by Diane Price) CTH:DP:ky/CM8b7 e e 11/21/79--8 b21