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HomeMy WebLinkAbout01/30/1980 Meeting e e e '" M I NUT E S EUGENE CITY COUNCIL January 30, 1980 Adjourned meeting from January 28, 1980, of the City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor Gus Keller January 30, 1980, Council Chamber, 11:45 a.m., with the Councilors present: Betty Smith, D. W. Hamel, Jack Delay, Eric Haws, Brian Obie, Gretchen Miller, and Emily Schue. Councilor Scott Lieuallen was absent. 1. ITEMS FROM MAYOR AND COUNCIL, APPOINTMENTS, ANNOUNCEMENTS, AGENDA ADJUSTMENTS A. HUD Cut in Allocation--Ms. Schue explained that with the possible financial assistance of HUD, four developers were encouraged to pursue development plans within the metro area. They are now ready to proceed and HUD has reduced the allocation. She distributed the draft of a letter staff had prepared and suggested that the Mayor and Council send such letter explaining to HUD that they had followed their advice and recommend that HUD not cut back those funds. Mr. Obie wondered if the National League of Cities at their upcoming meeting, could take some action. The Mayor said he would be happy to pursue the issue. Consensus was to send such a letter to the appropriate individuals. B. EWEB Fee Explained--Mr. Hamel explained that residents of newly annexed areas are being charged $2.50 on their EWEB bill, even though they are not hooked up to the City sewer system. He asked that the City send information to those residents explaining the charges. c. Appointment of Harold Lannom to Budget Committee--Mr. Delay nominated Harold Lannom to the Budget Committee to replace Mary Jane O'Brien. Ms. Smith moved, seconded by Mr. Hamel, to appoint Harold Lannom to the Budget Committee. Motion carried unanimously. D. Appointments 1. Mayor's Appointment and Nominations to Boards/Commissions (Memo Distributed Under Separate Cover) Ms. Smith moved, seconded by Mr. Hamel, to approve the apPoint- ments as listed on the Mayor's memorandum of January 25, 1980. 1/30/80--1 Charitable/Public Solicitations Committee: Philip Miller--four-year term ending January 1, 1984. Downtown Development Board: 4It Navarre Davis, Vince Farina, William Martin--three-year terms ending January 1, 1983. Metropolitan Wastewater Management Commission: Mark Westling--three-year term ending February 1, 1983. Sign Code Board of Appeals: David Hoffman--three-year term ending January 1, 1983. Boxing Commission: Ray Bradley Zoning Board of Appeals: Jonathan Bates--five-year term ending January 1, 1985. Mr. Haws explained he was abstaining from voting on the Boxing Commis- sion. He was disappointed to see the resignation of Mr. Giustina from the Zoning Board of Appeals. He said he has had faith in Mr. Giustina1s judgment, although he did not always agree with his decisions. He wondered if Mr. Giustina might be persuaded to reconsider. Motion carried unanimously. E. Mayor's Attendance at League of Oregon Cities Meeting Mayor indicated that he would be leaving for the League of Oregon Cities meeting soon. He requested that Councilors discuss any appro- priate items with him this afternoon. e F. Announcements 1. Hearing Panel on Exemption to Condominium Conversion Moratorium Request, Wednesday, January 30, 1980, 2:00 p.m., Council Chamber 2. Condominium Conversion Task Force, Wednesday, January 30, 2:00 p.m., Conference Room F, Lane County Public Service Building 3. Room Tax Committee, February 12, 1980, 7:30 p.m., McNutt Room 4. Energy Board, tonight, 7:30 p.m., McNutt Room 5. Budget Committee, February 14, 7:30 p.m., McNutt Room 1/30/80--2 . II. ROUTINE ITEMS FOR COUNCIL APPROVAL e A. Segregation of Assessments 1. Located east on Calvin Street, north of Harlow Road; appli- cant: Schar Construction, Inc. (SE 80-1) Ms. Smith moved, seconded by Mr. Hamel, to approve segregation of assessments as noted. Motion carried unanimously. B. Exclusive Roadway Easement Res. No. 3304--To authorize the City Manager to execute an exclusive road easement for the Bureau of Land Management Manager explained this was done on behalf of EWEB. It is property located east of Eugene within the county. Ms. Smith moved, seconded by Mr. Hamel, to adopt the resolution. Roll call vote. Motion carried unanimously. e C. Transfer of Non-Contingency Appropriations (Material Distributed) Res. No. 3305--A resolution authorizing the transfer of non-contingency appropriations within a given fund between programs and/or object groups Manager referred to the data attached to the agenda. He introduced Mr. McGuire, Finance Director, to answer questions. III. PUBLIC HEARING A. Supplemental Budget (Material Distributed) Manager explained that the supplemental budget/has been before the Budget Committee. On Page 2 of the ordinance, he corrected it to read "CETA program agent fund from capital outlay to contractual services" in both cases. He noted a large item was the Performing Arts Parking Fund outlay reflecting money obtained since the first of the year. The supplementary budget contains grants and funds which had not originally been included in the budget since they had not been received prior to budget preparation last year and there was some question as to whether they would be received. Mr. Obie asked whether the projects under the Civic Emergency Fund were the same projects which the Council approved some time ago. e 1/30/80--3 Manager said that they were the same. He explained the boxing ring monies come from the Civic Emergency Fund, which is made up of revenues ~ received from all boxing and wrestling events held within the city. ~ Public hearing was held with no testimony presented. CB 2063--An ordinance adopting a supplemental budget; making appropria- tions for the City of Eugene for the fiscal year beginning July 1, 1979, and ending June 30, 1980; and declaring an emergency Ms. Smith moved, seconded by Mr. Hamel, 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. Ms. Smith moved, seconded by Mr. Hamel, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, except Mr. Delay voting no on the boxing ring item only, the bill was declared passed and numbered 18569. IV. ORDINANCES FOR FIRST READING CB 2064--Levying assessments for paving, sanitary sewer, storm sewer, and sidewalks on Bertelsen Road from 11th Avenue to Royal Avenue (77-40) Ms. Smith moved, seconded by Mr. Hamel, that the bill be read the first time and referred to the Assessment Panel for hearing February 4, 1980, with Panel recommendations to be brought back for Council consideration February 11, 1980. Motion carried unanimously with Mr. Obie abstaining. e CB 2065--Levying assessments for paving, sanitary sewer, and storm sewer within and adjacent to Maracott Manor; and storm sewer construc- tion from east plat boundary to 270 feet east (79-10) Ms. Smith moved, seconded by Mr. Hamel, that the bill be read the first time and referred to the Assessment Panel for hearing February 4, 1980, with Panel recommendations to be brought back for Council consideration February 11, 1980. Motion carried unanimously with Mr. Obie abstaining. CB 2066--Levying assessments for paving, sanitary sewer, and storm sewer to serve White Oak Heights Subdivision; and sanitary sewer within 160 feet of the west boundary of White Oak Heights (79-11) e 1/30/80--4 e Ms. Smith moved, seconded by Mr. Hamel, that the bill be read the first time and referred to the Assessment Panel for hearing February 4, 1980, with Panel recommendations to be brought back for Council consideration February 11, 1980. Motion carried unanimously with Mr. Obie abstaining. CB 2067--Levying assessments for alley paving between 5th Avenue and 6th Avenue from Jefferson Street to Madison Street (79-23) Ms. Smith moved, seconded by Mr. Hamel, that the bill be read the first time and referred to the Assessment Panel for hearing February 4, 1980, with Panel recommendations to be brought back for Council consideration February 11, 1980. Motion carried unanimously with Mr. Obie abstaining. CB 2068--Levying assessments for paving, sanitary sewer, and storm sewer in and adjacent to Harriet Park Subdivision (79-27) Ms. Smith moved, seconded by Mr. Hamel, that the bill be read the first time and referred to the Assessment Panel for hearing February 4, 1980, with Panel recommendations to be brought back for Council consideration February 11, 1980. Motion carried unanimously with Mr. Obie abstaining. CB 2069--Levying assessments for paving, sanitary sewer, and storm sewer within Sagewood Subdivision (79-32) e Ms. Smith moved, seconded by Mr. Hamel, that the bill be read the first time and referred to the Assessment Panel for hearing February 4, 1980, with Panel recommendations to be brought back for Council consideration February 11, 1980. Motion carried unanimously with Mr. Obie abstaining. CB 2070--Levying assessments for paving and sanitary sewer to serve 1st Addition to Oxbow Subdivision; sanitary sewer to serve area within 160 feet of the north boundary of 1st Addition to Oxbow; and storm sewer in Bonnie View Drive from 900 feet west of Sarah Street to existing drainage ditch approximately 100 feet east of Sarah (79-33) Ms. Smith moved, seconded by Mr. Hamel, that the bill be read the first time and referred to the Assessment Panel for hearing February 4, 1980, with Panel recommendations to be brought back for Council consideration February 11, 1980. Motion carried unanimously with Mr. Obie abstaining. CB 2071--Levying assessments for paving Berntzen Street from Pattison Street to Concord Street (79-36) e 1/30/80--5 Ms. Smith moved, seconded by Mr. Hamel, that the bill be read the first time and referred to the Assessment Panel for hearing ~. February 4, 1980, with Panel recommendations to be brought back ~ for Council consideration February 11, 1980. Motion carried unanimously with Mr. Obie abstaining. I v. WHITEAKER COMMUNITY COUNCIL CHARTER REVISIONS Memo Distributed, Additional Information Distributed Under Se arate Cover Res. No. 3306--A resolution approving and accepting the Whiteaker Community Council charter amendments Manager explained this was an attempt to more clearly define the types of activities the Whiteaker Council can participate in. It will make certain actions more accountable with respect to the expenditure of funds and the election of officers. Ms. Smith questioned whether the quorum of ten members was consistent with other neighborhood groups. Ms. Campbell said it was. Mr. Delay corrected a grammatical error--unexcused meeting--which should be changed to IIwithout being excused.1I In response to the Mayor's question of how expenditure of funds is handled, Ms. Filer said that if the resolution is passed, different persons will be dealing with each part of the financial process. They feel it will improve the accountability for the funds. Ms. Smith moved, seconded by Mr. Hamel, to adopt the resolution. Roll call vote. Motion carried unanimously. e VI. EWEB-CiTY-LANE COUNTY LAND TRANSFER (Memo Distributed) Manager indicated that there has been some problem with the statement concerning joint parking in the original resolution passed by the Council. He mentioned a letter from Steve McCullough of the Fair Board, distributed to the Council, which indicated acceptance on their part for joint use. Manager said that this resolution states that lithe City. . . and. Lane County may, by future separate document, agree to joint City-County parking.1I He sees this as a statement of future intent, not a binding agreement, and so it should be acceptable to those concerned. Res. No. 3307--Authorizing the transfer of property between the City of Eugene, EWEB, and Lane County; and repealing Resolution No. 3256 Ms. Smith moved, seconded by Mr. Hamel, to adopt the resolution and that in place of the conditions indicated as being part of the deed, Lane County will provide the City with a letter acknowledging the joint use of parking facilities. Motion carried unanimously. . 1/30/80--6 VII. . e PARK RULES (Additional Information Distributed Under Separate Cover) Manager explained this was simply a housekeeping item. They had neglected to include that violation of park rules was a violation of the City Code. That is what this council bill is doing. Ms. Miller said she would like to know more about the penalties and how they are incorporated in the code provisions. Manager said the code allows for penalties under a general penalty section at the end. Ms. Miller wondered what the particular penalties are. Mr. Long said he was unaware of the exact penalties. Mr. Delay asked why using a metal detector was included in the list of park violations. Mr. Drapela explained that in parks in other cities, park personnel had been required to fill in excavations resulting from metal detector use. It is not a major problem for the City of Eugene at this time. Ms. Miller asked how one finds out what the administrative rules are. Mr. Drapela replied the rules are posted at the parks and available in the Parks and Recreation and Finance departments. They are now in the process of publishing a brochure explaining the rules, and that was how they discovered this omission. CB 2072--An ordinance concerning the Department of Parks and Recreation; amending Section 2.812 of the Eugene Code, 1971; and declaring an emergency Ms. Smith moved, seconded by Mr. Hamel, 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. Ms. Smith moved, seconded by Mr. Hamel, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18570. VIII. CONDEMNATION AUTHORIZATION A enda Attachment; Ma Distributed Under Separate Cover Manager explained this was part of the Willamette Greenway bicycle path which will be constructed by the County. This is the last missing link. The City has offered more than the appraisal. The owner has asked for twice as much. Although the sum is small, it is felt that is is important to not set a precedent by meeting the owner1s asking price. Negotiations will continue. The question of whether the City goes to court remains to be seen. He introduced Mr. Drapela and Mr. Haniuk. e 1/30/80--7 e Mr. Obie asked how close the nearest structure is to the parcel, the total number of square feet involved, and the last price offered. Mr. Haniuk replied it was 2,500 square feet of riverbank, 4,000 square feet of property. There is a sewer easement and some of the area contains a sewer line. He indicated that the closest structure is approximately 400 to 500 feet from the river bank. They had offered $1,000 over the appraised price. The parcel was appraised at $4,100 and the City offered $5,100. That ;s where the negotiations stopped. They hope to make an administra- tive settlement. Mr. Hamel asked how the price compared with other properties. Mr. Haniuk replied that this was the most generous offer to da t e. e Mr. Obie asked whether this issue would come before the Council again if the motion passed. Mr. Long indicated that it would not. CS 2073--An ordinance authorizing the institution of proceedings in eminent domain for the acquisition by condemnation of property in the vicinity of the Willamette River, being a portion of Tax Lot 700, Assessor's Map 17-04-25-12, for a public riverfront park and a bicycle/pedestrian path; and declaring an emergency Ms. Smith moved, seconded by Mr. Hamel, 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. Ms. Smith moved, seconded by Mr. Hamel, that the bill be approved and given final passage. Roll call vote. Motion carried unanimously and the bill was declared passed and numbered 18571. Upon motion duly made, seconded, and passed, the meeting was adjourned to February 6, 1980. ~y)~ City Manager (Recorded by Beth Conant) BC:so/CM27b1 e 1/30/80--8