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HomeMy WebLinkAbout01/09/1980 Meeting e e e M I NUT E S EUGENE CITY COUNCIL January 9, 1980 Adjourned meeting from January 2, 1980, 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., Council Chambers, with the following Councilors present: Jack Delay, Betty Smith, D. W. Hamel, Eric Haws, Scott Lieuallen, Gretchen Miller, Brian Obie, and Emily Schue. I. ITEMS FROM MAYOR AND COUNCIL, APPOINTMENTS, ANNOUNCEMENTS, AGENDA ADJUSTMENTS A. Reopening of Applications for Positions on Eugene Renewal Agency Ms. Schue suggested that the open position on the Eugene Renewal Agency be advertised. She said Ms. Mulder was willing to serve until Council appoints a new member to replace her. Manager responded there were currently six applicants on file indica- ting the Renewal Agency as first choice, but that he had no objection to Ms. Schue's proposal. Mayor suggested accepting applications for the position until the end of January 1980. Council agreed with the Mayor's recommendation. B. Contemplated Clean Air Anti-Smoking Ordinance Ms. Schue reported that Sheila Arthur is researching the contemplated ordinance and collecting data on such ordinances in other cities. Coun- cilors that have a concern or wish information should contact Ms. Arthur. C. Council Officers and Assignments Mayor said that next Monday the Council could pick officers and make Council assignments. He asked that comments, concerns, and priorities of the Councilors with regard to assignments be relayed to him within the next week. He also asked for the Manager's evaluation form to be returned to him. D. Status of Federal Court Action Taken by Group Representing Willamette Towers and Patterson Towers Manager informed Council that the group representing Wi 1 lamette Towers and Patterson Towers has taken the City to court. 1/9/80--1 Mr. Long explained the people with interest in the two properties had filed an appeal before the Land Use Appeals Board, a State administra- tive agency. The owners intend to apply for a hardship exemption ~ under the moratorium ordinance itself. Last Thursday, those interests ~ filed a suit in Federal Court requesting the court to issue a temporary restraining order preventing enforcement of the ordinance. There will be a hearing within the week on the temporary restraining order. If the court grants a temporary restraining order to the plaintiff, the ordinance would be held in abeyance for approximately 10 days. At that time, there would be a further hearing on the preliminary injunc- tion or an injunction that would be in effect until the case could be heard on its merits. If the preliminary injunction is granted, the ordinance would, in effect, be a nullity because the conversion of those apartment units and others could occur during the likely term of the preliminary injunction. The City plans to resist in court the request for a temporary restraining order. E. Meetings Announced 1. Condominium Conversion Task Force, January 9, 2:00 p.m., McNutt Room 2. Energy Conservation Policy Board, January 9, 7:30 p.m., McNutt Room 3. Reception For Retirees and Council Meeting, January 14, 7:30 p.m., McNutt Room and City Council Chambers 4. Economic Development Committee, January 15, 7:30 p.m., McNutt Room - 5. Room Tax Committee, January 15, 4:00 p.m., McNutt Room 6. Energy Policy Conservation Board, January 16, 7:30 p.m., McNutt Room F. January 16, 1980, Council Meeting Manager indicated that a short agenda is scheduled for that meeting which should be completed by 12:30 p.m. At that time the Council will adjourn to the McNutt Room for a study session on housing develop- ment in the downtown area to be concluded by 3 p.m. G. Appointments 1. Council Consideration of Mayor's Recommendation on Ronald E. Hoff to Fill Unexpired Term of Marge Battleson on Private Industry Council . 1/9/80--2 -- tit e Mr. Delay moved, seconded by Ms. Smith, to appoint Ronald E. Hoff to fill the unexpired term of Marge Battleson on the Private Industry Council. Motion carried unanimously. 2. Council Consi derat ion of Mayor' s Recommendat ion to the Performi ng Arts Commission Mr. Delay moved, seconded by Ms. Smith, to appoint the Mayor's recommendations to the Performing Arts Commission. Mr. Lieuallen was conc~rned that the list did not have representa- tives from Lane Regional Arts Council, the Arts Alliance, or the arts community. He suggested expanding the Commission from 9 to 11 members. He was also concerned that the Mayor's list comprised people who live primarily in the University and South Hills areas. Recognizing that the Mayor did not want to have user groups included, Mr. Lieuallen pointed out that Mr. Saltzman did represent a user group. He urged Council to look to other groups who supported the original bond issue. Ms. Miller did not have a position on whether to expand the Commission to 11 members. She recalled that various performing artists had helped with the original funding campaign. She felt that, in fairness to the performing artists, some of them should be on the Commission. She had no one in mind, nor did she object to anyone on the list, but could not vote for the list, since these people were not adequately represented. Mr. Haws suggested changing the selection process by having each Councilor appoint a member. Mr. Delay noted that those on the-list were well qualified. He did lean toward adding some new members. Although performing artists should be represented, he felt particular user groups should not be on the Commission. He suggeste9 having the user groups nominate a representative. He was not as concerned that the Commission would not be responsive. to the needs of the per- forming artists without their representation, but felt direct representation was in order. However, he was not critical of the Mayor' s 1 ist. Mr. Obie said the size of the Commissionwa'g.,not the real issue, but who was appointed. He respected all the Mayor's nominees, but was concerned that there was not more carryover; from the present Commission. Out of respect for the Mayor, he said he would vote for this list. \' Ii 'II,'" 1/9/80--3 ~ , " Ms. Smith did not want to change the original ordinance. She said that Mr. Saltzman represented the performing arts community. ~ She hoped that other members of user groups and the Civic Center ~ Commission will be used in subcommittees and the task force appointees. She urged approval of the Mayor's recommendations. Mayor replied that during the week of consideration he had heard nothing from the Councilors. He explained that he felt appointing users would give them priority. Although Mr. Saltzman represented one user group, he was well qualified and well rounded within the performing arts community. He did not feel user groups had been guaranteed a slot on the Board and that the problem of local artists being represented can be solved by open meetings. He indicated he had spent a great deal of time developing the list and thanked Councilors for their comments on the qualifications of the appointees. Mr. Lieuallen responded to Mr. Obie's comments by noting that half of those listed were from the old Commission. He urged expansion of the Mayor's list by two positions. Mr. Delay replied that adding members could be accomplished later if it becomes apparent that it is necessary. He explained the value of having user groups as part of the Commission. He urged action on the recommendations as presented and suggested that they might later address questions of committee expansion to ensure access for a broad segment of the community. Mr. Hamel congratulated the Mayor on his appointees. He did not wish to expand the Commission's membership and urged Councilor Lieuallen to have concerned people attend the meetings and apply for positions later as they open. - Ms. Miller felt there was a significant difference between being a member of the Commission and being a member of a subcommittee, task force, or attending a public hearing. Those on the Board have access to more information and can make more of an impact. She indicated she could not support the list as it now stands. Mr. Lieuallen supported Mr. Delay's comments. He said he would pursue the issue. Mr. Haws said he would vote against expansion, as well as the Mayor's recommendations. He urged that each Councilor appoint a member to the Commission. Motion to support the Mayor's recommendations to the Performing Arts Commission carried with Haws and Miller voting no. e 1/9/80--4 II. ROUTINE ITEMS FOR COUNCIL APPROVAL . A. Approve Council Minutes of December 10, 1979, and December 19, 1979 Mr. Delay moved, seconded by Ms. Smith, to approve Council minutes of December 10, 1979, and December 19, 1979. Motion carried unanimously. B. Improvement Petitions Res. No. 3299--A resolution authorizing street paving, sanitary sewer, and storm sewer construction within Sweetbriar Second Addition, and sanitary sewer construction to serve within 160 feet of the north, south, and east boundaries of Sweetbriar Second Addition (1720). Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Motion carried unanimously. Res. No. 3300--A resolution authorizing street paving, sanitary sewer, and storm sewer construction within Aldron Court Subdi- vision, and storm sewer construction 100 feet north of Aldron Court from 350 feet west of Bertelsen Road to 650 feet west of Bertelsen Road (1727). e Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Roll call vote. Motion carried unanimously. c. Bills, Claims, and Progress Payments (Materials Distributed) Res. No. 3301--Authorizing payment of bills, claims, and progress payments for the period December 19, 1979, through January 9, 1980. Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Roll call vote. Motion carried unanimously, with Mr. Haws abstaining. D. Call for Public Hearings 1. Alley Vacation for St. Mary's Catholic Church (AV 79-3) (Map Distributed) CB 2046--Call for public hearing for February 13, 1980, re: of a 14-foot-wide alley located from Lincoln Street Charnel ton Street between West 10th Avenue and West Avenue. vacation to 11th 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. 1/9/80--5 " 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 18551. . 2. Street Vacation for Countryman, Inc. (SV 79-4) (Map Distributed) CB 2047--Call for public hearing for February 13, 1980, re: street vacation of a 50-foot-wide public right-of-way located between West 25th Avenue and West 25th Place, north of Garfield Street. 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 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 18552. 3. Easement Vacat~on for Land Dynamics (EV 79-13) (Map Distributed) CB 2048--Call for public hearing for February 13, 1980, re: easement vacation of a 30-foot-or-less-wide sanitary sewer easement ~ located north of West 37th Avenue between West 35th Place ~. and Lawrence Street.' 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 on 1 y. Mr. Del ay 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 18553. E. Long-Range Fiscal Projection (Information Distributed) Manager explained this was a routine requirement of the State. The long-range fiscal projection is obtained by using an established format where certain rules have been applied. It is a fairly meaning- less summary under those conditions. He said we hope to influence the League of Oregon Cities or the Intergovernmental Relations Division through the League to develop a more reasonable and rational form that would have some meaning for our operation. - 1/9/80--6 e III. e e Mr. Delay moved, seconded by Ms. Smith, to adopt the long-range fiscal projection. Roll call vote. Motion carried unanimously. PUBLIC HEARINGS A. Parking Management Report: Ordinance for Second Reading Manager explained that the Parking Management Report was approved by the Downtown Development Board and first presented to the Council in December. One change in the bill from the December meeting will be to change the effective date from December 31, 1979, to February 1, 1980. The report increases the maximum penalties from $50 to $200 for violation. In addition, the costs of certain downtown permits are increased. A business parking permit is being increased from $16 to $35. Included in the proposed ordinance is the adoption of a rate structure for the Performing Arts Center garage when it is built. The monthly parking rates would be increased. Parking meters would be increased from ten cents an hour to 25 cents an hour, and from 25 cents for five hours to $1.00 for five hours. Overtime violations would increase from $1.00 to $2.00, with a late penalty increase from $3.00 to $4.00. Rates for meter hoods will also be increased. Manager said it is the obligation of the City to introduce alternative forms of transportation. The Downtown Development Board has introduced the bus shuttle route and the carpool program (three people carpooling can get a free parking permit). Manager introduced Duane Bischoff, Parking Administrator, who headed the study; Jim Hanks, Traffic Engineer; and Navarre Davis, Downtown Development Board. Public hearing was opened. Speaking in opposition to the parking ordinance: Mr. Frank Sparrow, 1568 West 24th Place, read a letter from Governor Atiyeh, responding to Mr. Sparrow's letter asking the Governor to cancel and/or postpone the governing functions of the City of Eugene. Governor Atiyeh indicated he had no authority to take such action. He urged Mr. Sparrow to become involved in local issues, make his opinion known to local elected officials, and work with them and his fellow voters to resolve issues. He told Mr. Sparrow to always remember that his voice and vote affect the outcome of local elections. Mr. Sparrow objected to the parking rate increases outside the "oasis" of downtown. Mr. Sparrow read his letter to the Governor asking for the Governor1s intervention in the City government. 1/9/80--7 e e -- Speaking in favor of the parking ordinance: Dr. Robert Loomis, Chairman, Downtown Development Board, said this study was considered for two years by the Downtown Development Board. It offers alternatives needed in the downtown area to prevent building more parking structures. He felt it was an appropriate action for the Council to take. Public hearing was closed. CB 2045--An ordinance concerning parking; establishing certain fees; amending Sections 5.660 and 5.990 of the Eugene Code, 1971; repealing prior resolutions and ordinances; providing effec- tive dates; and declaring an emergency. Mr. Delay moved, seconded by Ms. Smith, to amend CB 2045 to read "February 1, 1980, II instead of "December 31, 1979, II and to change all relevant dates within the bill Motion carried unanimously. . . . 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 18554. Upon motion duly made, seconded, and passed, the meeting was adjourned. ~!nr~ City Manager (Recorded by Beth Conant) BC:ky:so/CM26b8 1/9/80--8