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HomeMy WebLinkAbout12/16/1981 Meeting -- e M I NUT E S Eugene City Council City Council Chamber December 16, 1981 11 :30 a.m. COUNCILORS PRESENT: Gretchen Miller, Brian Obie, Betty Smith, Mark Lindberg, D. W. Hamel, Cynthia Wooten, Eric Haws, and Emily Schue. Adjourned meeting of the City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor Gus Keller. 1. ITEMS FROM MAYOR & COUNCIL, APPOINTMENTS, ANNOUNCEMENTS, AGENDA ADJUSTMENTS A. Work Session on Special Light Industry Zone Mr. Obie stated that as a result of the Monday work session, he assumes the ordinance proposal for Special Light Industry zoning is going back to the Planning Commission for more work. The commission will be considering some items not discussed previously. Mayor Keller stated that he had asked that this e item appear on the council agenda for discussion before it goes anywhere else. Mr. Obie stated that there are issues that the Planning Commission has not had an opportunity to discuss and he would like for that to occur first. Ms. Wooten indicated that she thought the Planning Commission was asking for direc- tion from the council. She would be willing to see it occur either way. Ms. Miller agreed that she had no problems with it occurring either way. It would make some difference as to how long it would take, however. It would be good for the council to become more familiar with this proposal, but she does not want to cause a del ay. Dave Whitlow, Assistant City Manager, agreed with Mr. Obie's perceptions and added that the decision is up to the council. Mr. Obie stated that he would like to see the Planning Commission go ahead with their deliberations and give their recommendations for action to the council. Con- sensus was to follow Mr. Obie's suggestion. B. Proposed Building Permit Fee Increases Mr. Obie stated that there is a proposal to substantially increase building permit fees. He and the community would have a real problem with this in view of the current economic conditions. Mr. Hamel stated that people who want services should pay for them. He supports 100 percent of the cost being sup- ported by the fees. C. Emerald Canal Task Force Update Mr. Lindberg stated that in the councilors' packets, there is information on the current work plan from the Emerald Canal Task Force. The committee has met its e deadline. He would be willing to answer any questions. In regard to funding, MINUTES--Eugene City Council December 16, 1981 Page 1 / e the City and County have both indicated there is no funding available. The City Attorney has indicated that contributions for the task force study would be charitable contributions and tax deductible. The Accounting Division could set up an account to handle this. However, this may require a routine supplemental budget. D. West University Refinement Plan Mr. Lindberg stated that the West University Refinement Plan will be before the council in January. A compromise of sorts has taken place. It is not satisfac- tory to all parties in conflict and he would suggest that they hold a work session and discuss the matter prior to it appearing on the council agenda. E. Dinner with Legislative Delegation Ms. Smith stated that on Oecember 17, 1981, at 6:30 p.m., at Harry's, there will be a dinner meeting with the Lane County legislative delegation. Six councilors and the Mayor will attend, as will seven members of the delegation. The i~e~ is an informal discussion of past positions. Some of the council goals will be shared. The memo outlines the agenda which includes the University of Oregon, tourism, and property tax relief. If the council has problems with the agenda, please let her or Paget Engen, Staff Services, know. This should help establish a good communication pattern with the delegation. F. Councilor Absences e Mr. Lindberg stated that he would be on vacation from December 17 through December 29. Mr. Hamel indicated that he would be out of town December 17. G. Committee Assignment Requests Mayor Keller asked that councilors notify him of their desires to serve on committees or to contact Ann Malos in the City Manager1s Office. H. Appointments Ms. Miller moved, seconded by Mr. Obie, to appoint the following people to the Eugene Commission on the Rights of Women and the Eugene Commission on the Rights of Youth: WOMEN'S COMMISSION: As Members: Jean Names, 460 West 25th Avenue, Eugene, Oregon 97405, re-appointed to term expiring January 1,1985; Linda Sheryl Greene, 88 West 25th, Eugene, Oregon 97405, to term expiring January 1, 1985; Pat Graham, 360 Roan Drive, Eugene, Oregon 97401, to term expiring January 1, 1985. As Alternates: (For 1 year only) Kathleen Clark, 342 Palomino, Eugene, Oregon 97401; Eleanore Wootton, 1089 East 19th, Eugene, Oregon 97403; Marlene Drescher, 766 West 12th, Eugene, Oregon e 97402; Gail Wiemann, 751 West 12th #4, Eugene, Oregon 97402. MINUTES--Eugene City Council December 16, 1981 Page 2 YOUTH COMMISSION: e As Members: Sarah Dougher, 2840 Alta Vista, Eugene, Oregon 97403, to term expiring January 1, 1985; Terry Haines, 2112 West 16th, Eugene, Oregon 97402, reappointed to term expiring January 1, 1985; John McArdle, 1858 High Street, Eugene, Oregon 97401, to term expiring January 1, 1985. As Alternates: (For 1 year only) Stacey Connelly, 2350 Harris Street, Eugene, Oregon 97405. Roll call vote; motion carried unanimously. 1. Presentation by Councilor Haws Councilor Haws read the following: liTo the City Council and the Voters of the Bethel Ward: liThe Reg i ster-Guard recently suggested that you, members of the City Council, confront me and request my resignation. I am sorry that the paper has put you in this rather embarrassing position, which implies that you have not been doing your civic duty. For a number of reasons, however, it will be unnecessary for you to consider the matter. "In the first place, the issue here is political. I have supported 1 i beral social causes and opposed those economic plans and policies that favor the rich e in the community and those who have inherited their wealth and power, such as the Register-Guard. In the past I have refused to energetically carry out policies that favor these groups, and I will not change now. I wi 11 not, however, be an obstructionist on the council. "When I miss meetings due to work obligations, the Register-Guard attacks because it is part of the closely knit political group that tries to control City Hall. Remember that when Mayor Keller missed 16 council meetings, the Register-Guard ran an article which was nothing more than a thinly disguised solicitation to obtain business for him. When Brian Obie was publicly scourged by citizens who thought he placed business before City Council duties, the Register-Guard ran an editorial defending him. "I refuse to be controlled by the Register-Guard or anyone else. All of us know that the Register-Guard's coverage is political, and I have been in politics long enough to know that you can never have the last word against a newspaper. II I have al so been around long enough to know that a newspaper cannot vote. Spring elections are approaching, and candidates are preparing for them. If the voters of the Bethel Ward wish to replace me with someone more conservative, they have that right. liTo the Register-Guard, however, I say, 'Don't try to force your political and economic viewpoints on me, nor on the citizens of the Bethel Ward. Desp ite the political pressures brought to bear by you and your followers, I will not quit. e Please note that the voters in my ward have not responded to your editorial.' MINUTES--Eugene City Council December 16, 1981 Page 3 e liThe second reason why the council should refrain from becoming involved in this dispute is that the Register-Guard has unleashed what amounts to a vindictive hate campaign. A few days after the inflammatory editorial was published, I received hate literature such as I had never received in the past. Enclosed is one piece entitled 'Enemy of the People--Stamp out Unethical Parasite Attorneys.' While the writer did not understand why the paper wanted me to be attacked, the picture and the tone used was similar to that in the Register-Guard's message. liThe trouble with creating a gun of hate, as the paper has done, is that it's hard to control who the victim will be. It may be an attorney, someone who's gay, or maybe a Jewish, Mormon, or black person. It doesn't matter if you're John Lennon, or the Pope, or'President Reagan, or Tom Williams, or Brian Obie, or Eric Haws--someone out there who doesn't like you will follow up the attack. "We on the council have been the subjects, in the 1 ast few years, of business boycotts, surveillances, innuendoes, and criticism from various hate groups, letters to the editor, and, now, tasteless editorials. Past history of the council would seem to indicate that it is only my turn now. last month it was B r i an Ob ie's. Which one of us will be next? "Even though some have suggested that the ed itori al was written before the article, the paper could have used its power in a different way. Instead of acting as the National Enquirer of Eugene, they could have praised all of the hard-working councilors, naming each and their contributions, and told of the long hours each puts in, their devotion to duty, the committees on which they serve--and left my name out. e "In the alternative, the paper could have offered constructive criticism by exploring the problems facing the council and suggesting solutions. But the ir approach was to attack with a sledgehammer and then ask for another warm body. "Furthermore, the Register-Guard missed the whole point of the problem. It failed to ask the most fundamental Question of journalism: Why? I would like to address this question by first outlining some relevant personal information. "At the end of my last four-year term, I decided to follow the advice of my wife and not run again so that I might have more time to spend with my family. When I stated such, members of the council and publiC asked me to run again. I reluctantly decided to do so, but when I failed to gain a majority of the votes in the primary due to my outspoken support for civil rights and liberties, I publicly stated that I was through campaigning. Others then campaigned for me, raising more money on my behalf than that spent on any other council campaign. "At this point I even received the reluctant endorsement of the Register-Guard, although in my ward I am not sure whether this was to help or hinder me. The paper's policy, however, has always been to support someone they think they can control, and, if this is not possible, at least to end up on the winning side. liThe voters then gave me a vote of confidence and a mandate to return to office on my terms. But a few months later, some real problems began to occur. Most e MINUTES--Eugene City Council December 16, 1981 Page 4 e importantly, the economy of Lane County turned sour. As a bankruptcy attorney, I defend debtors and business people with cash flow problems. My bankruptcy business increased tenfold. liMy priorities in life are my family, my business, and my civic responsibilities. While I have some control over the first and last, I have no control over most aspects of my business, as these are controlled by the courts, not me. I would often be scheduled for court appearances that conflicted with council activities. It would not be unusual for me to have to appear in court outside of Lane County, and I have even had the court schedule me for Portland and Roseburg, or Eugene and Seattle, at the same time. liAs an attorney and a councilor, I have different civic duties and the two sometimes conflict with each other. Then last year, my law partner gave me short notice that he was going abroad and when he returned would be selling real estate. I then had to decide if I was going to lay off half of our staff or work harder. I decided to work harder. "I do not mean the above to be an excuse nor an apology for what I have done or not done. My problem isn't really different from any other councilor's. Many people do not realize that a position on the council has become almost a full-time commitment, but without pay. We who work cannot devote full time to the council. liThe basic issue, then, becomes how to resolve the conflict between a 20-30 hour work schedule per week and a council of citizens serving without pay. How are e councilors to serve eight years in a non-paying job without suffering from heart attacks and council burnout? Are we going to have a council of only one-term members? II It is not enough for voters to send good people to the council; we must be ab le to keep them here as well. The present council system not only weeds out the weak, it weeds out everybody. The decision of Jack Del ay two years ago and recently that of Gretchen Miller not to serve more than one term was a great loss to the council. liThe voluntary citizen council may bean its deathbed. My sources tell me that four of the present council members will not be around after this term. Two of us will not be around even that long. I have made no secret of my wish to res i gn as soon as the voters of my ward can select a rep 1 acement. If I resign before the next election, the council would make that selection and the voters in the Bethel Ward don't want that. liThe council might consider delegating more power to neighborhood groups and to other committees. One of the best committees we presently have is the Planning Commission, on which no councilor sits. II It strikes me as ironic that one of the 1 ast papers in the country to call for President Nixon's resignation should be so quick to call for mine. I see no reason why any of us should be subjected to public abuse and threats by this sort of newspaper. A City Councilor walks a path strewn with enough difficulties; he or she should not have to worry about the yellow poison of vipers as well. I e MINUTES--Eugene City Council December 16, 1981 Page 5 think that Gus Keller does have the right to feed his family, I think that Brian Obie does have the right to protect his property, and I think that I have the e same rights, even if I am a Democrat. "I know that I am not the most diplomatic and tactful of persons. I am blunt and to the point; these are my strong points, and also my weaknesses. I was elected to the council from the Bethel Ward, not because of my politics, but because of my personality. I may have said things in the past that some did not like, but the message of the editorial, like that of Mein Kampf, did not raise the level of discussion--it attempted to lower it into the gutter. Fortunately, this council and the voters are made of finer stuff. "At any rate, unlike the Register-Guard, I have asked .Why?' and identified two real problems: council burnout and overwork. Perhaps there are former councilors who would like to serve on a committee, or perhaps we need to commission a study, but the council must address these problems now. "In closing, I wish to thank my supporters in this attack upon me: fe 11 ow councilors, members of the staff, clients and voters, past and present, in my ward. "Remaining your City Council representative from the Bethel Ward, Eric Haws" II. ROUTINE ITEMS FOR COUNCIL APPROVAL e A. Approval of City Council minutes of September 23, 1981 and November 9, 1981 (distributed) Ms. Miller moved, seconded by Mr. Obie, to approve the City Council minutes of September 23, 1981 and November 9, 1981. Roll call vote; motion carried unanimously. B. Payment of Bills, Claims, and Progress Payments (listing attached) Res. No. 3614--A resolution authorizing payment of bills, claims, and progress payments for the period December 9, 1981 through December 16, 1981. Ms. Miller moved, seconded by Mr. Obie, to adopt the resolution. Roll call vote; motion carried unanimously. c. Call for Public Hearings 1. Easement Vacation for Michael Hopkinson (EV 81-8) (map distributed) e MINUTES--Eugene City Council December 16, 1981 Page 6 CB 2403--An ordinance calling a public hearing for January 27, 1982; re: Easement vacation for Michael Hopkinson e located west of Norkenzie, on the north side of Jeppeson Avenue. Ms. Miller moved, seconded by Mr. Obie, that the bill be read the second time by council bill only, with unanimous consent of the council, and that enactment be considered at this time. Roll call vote; motion carried unanimously. Council Bill 2403 was read the second time by council bill number only. Ms. Miller moved, seconded by Mr. Obie, that the bill be approved and given final passage. Roll call vote; all councilors present voting aye, the bill was declared passed and numbered 18902. 2. Alley Vacation for Judith Lindsey (AV 75-2) (map distributed) Mr. Gleason introduced Jim Croteau, Planning. Mr. Croteau stated that this item was considered previously and the council tabled it to give the planning team time to review. The staff recommendation is to take this item from the table. Ms. Miller moved, seconded by Mr. Obie, to take from the table Council Bill 2357 authorizing vacation of a 12-foot wide alley e located between Augusta Avenue and Riverview Avenue in the Laurel Hill Valley, and to call a public hearing for January 20, 1982. Roll call vote; motion carried unanimously. D. Dissolution of Eugene Economic Development Committee (memo distributed) CB 2404--An ordinance concerning City boards, commissions, and committees; and amending Section 2.013 of the Eugene Code, 1971. Ms. Wooten stated that she would vote in favor of this ordinance only if the committee could meet until the end of 1981. Ms. Miller moved, seconded by Mr. Obie, that the bill be read the second time by council bill only, with unanimous consent of the council, and that enactment be considered at this time. Roll call vote; motion carried unanimously. Council Bill 2404 was read the second time by council bill number only. Ms. Miller moved, seconded by Mr. Obie, that the bill be approved and given final passage. Roll call vote; all councilors present voting aye, the bill was declared passed and numbered 18903. e MINUTES--Eugene City Council December 16, 1981 Page 7 Mayor Keller stated that he would like for staff to write a letter thanking those on the committee for their fine service. e E. Ordinance Regarding the Open Meetings Law (memo and ordinance distributed) Mr. Gleason stated that at the last meeting, it was recommended that this be brought back. This is for consistency with the open meeting law. CB 2400--An ordinance concerning public meetings; amending Sections 2.007, 2.011, 2.399, and 2.510 of the Eugene Code, 1971; declaring an emergency. Ms. Miller moved, seconded by Mr. Obie, that the bill be read the second time by council bill only, with unanimous consent of the council, and that enactment be considered at this time. Roll call vote; motion carried unanimously. Council Bill 2400 was read the second time by council bill number only. Ms. Miller moved, seconded by Mr. Obie, that the bill be approved and given final passage. Roll call vote; all councilors present voting aye, the bill was declared passed and numbered 18904. III. PUBLIC HEARING: CONSIDERATION OF HISTORIC LANDMARK DESIGNATION LOCATED AT THE SOUTHEAST CORNER OF 10TH AVENUE AND WILLAMETTE STREET, 1001 WILLAMETTE e STREET (Schaefers Building) (H 81-2) (map and background information distributed) Mr. Gleason introduced Judith Rees, HCC. Ms. Rees stated that the Schaefer Building was unanimously recommended for historic designation by the Historic Review Board at their meeting of November 19, 1981. This building is listed on the National Register of Historic Landmarks. This would not expand the C-3 uses. Deirdre Malarkey, is available ~o - answer questions. Public hearing was opened; there being no testimony, public hearing was closed. CB 2405--An ordinance designating the Schaefers Building a Historic Landmark within the City of Eugene, Oregon. Ms. Miller moved, seconded by Mr. Obie, that the bill be read the second time by council bill only, with unanimous consent of the council, and that enactment be considered at this time. Roll call vote; motion carried unanimously. Council Bill 2405 was read the the second time by council bill number only. e MINUTES--Eugene City Council December 16, 1981 Page 8 Ms. Miller moved, seconded by Mr. Obie, that the bill be approved and given final passage. Roll call vote; all councilors present e voting aye, the bill was declared passed and numbered 18905. IV. PARKING RATE ORDINANCE CHANGE (memo, ordinance distributed) Mr. Gleason introduced Jim Hanks, Traffic Engineer, Public Works. Mr. Hanks stated that staff has been concerned about the lack of parking lot use. The costs are too high for what the market will bear and this will keep parking rates at this year's rate. Mr. Obie asked if the charges vary from lot to lot from $16 to $40 per month. Mr. Hanks responded that they do. Mr. Obie asked if $30 is a competitive rate. Mr. Hanks responded that it is. CB 2406--An ordinance concerning parking fees; amending Section 5.285 of the Eugene Code, 1971; and declaring an emergency. Ms. Miller moved, seconded by Mr. Obie, that the bill be read the second time by council bill only, with unanimous consent of the council, and that enactment be considered at this time. Roll call vote; motion carried unanimously. Council Bill 2406 was read the second time by council bill number only. Ms. Miller moved, seconded by Mr. Obie, that the bill be approved and given final passage. Roll call vote; all councilors present e voting aye, the bill was declared passed and numbered 18906. v. CONSIDERATION OF PARK PROPERTY SALE (memo, map distributed) Mr. Gleason introduced Ernie Drapela, Parks and Recreation. Mr. Drapela stated that this proposed sale is for a very small triangular appendage on Hendricks Park. There has been minor encroachment by neighboring property owners. Staff has inspected this property and now recommends the sale. This piece of property is in an isolated location and the configuration does not allow access by other means because of the slope. This is an unimproved and unmaintained acre. The amount of the acreage is .08 acre and it has been appraised at approximately $2,000. The property owner who wishes to buy the property would also pay the survey costs, etc. This piece of property has functioned as part of their back yard as well as that for two other property owners. On the advice of the City Attorney, the proceeds from the sale of this land would create a special fund for improvements to Hendricks Park. Ms. Miller moved, seconded by Mr. Obie, to approve the sale of this piece of property. Roll call vote; motion carried unanimously. e MINUTES--Eugene City Council December 16, 1981 Page 9 e VI. AUTHORIZATION TO PURCHASE LAND FOR PARK PURPOSES (memo, map distributed) Mr. Gleason introduced Ernie Drapela, Parks and Recreation. Mr. Drapela stated that seven-eighths of the acquisitions approved in the park acquisition bond measure had been purchased by the last time he had appeared before the council. At that time, he had stated that the department would try to purchase all remaining purchases of the bond before the end of the year. He is bringing minor proposed purchases before the council today, and three major ones will come before the council next month. Parcel 1 is a combined dedication of six acres by Mr. and Mrs. Ed Cone near Northeast Coburg Road off Kinney Loop and a five-acre purchase of property adjacent to a proposed school site where there is about 35 acres. Walter Haniuk showed the location of the property on the map and indicated that it is in the Coburg-Crescent Special Study area. Mr. Drapela stated that Parcel 2 is a 2.5-acre parcel west of Highway 99 north of Barger. It is identified in the refinement plan and they would hope that it will eventually be a 4-5 acre park. Mr. Haniuk added that this property is bounded on the west by Beltline and on the south by Barger Drive. Mr. Haws asked for the exact location and Mr. Haniuk displayed it. Mr. Drapela said that Parcl 3 is at Cheshire and lawrence streets. This proposal is to work toward the expansion of Skinner Butte Park. This is one of the remaining parcels. All were recommended for purchase on October 30, 1981, by the Joint Parks Committee and are consistent with the intent of the bond measure. Mr. Obie asked who appraised Parcels 1 and 2 and how long ago they were appraised. Mr. Haniuk responded that both parcels were appraised by Charles Thompson in e October or November. Mr. Obie asked who hired Mr. Thompson. Mr. Haniuk responded that the City did. Mr. Lindberg asked what the reaction was of the Joint Parks Committee. Mr. Drapela stated that they feel this is staying within the specific geographic areas of the bond measure and they realize the City is working with rapidly depleting funds. Ms. Schue added that the Joints Park Committee felt that the Parks Department was following the general policy outline. Mr. H ame 1 agreed and stated that he feels that the Parks Department staff is doing a fine job. Mayor Keller asked in regard to Parcel 3, if staff intends to purchase the remaining corner of the area by Skinner Butte Park. Mr. Drapela responded that they do and it is still under negotiation. Mr. Obie stated that he feels the purchase of Parcel 1 should be approved although $15,000 an acre is exceeding market value in a rapidly dropping market, so they might be better to wait on the other parcels. He noted that the bottom is falling out of the real estate market. Mr. Drapela added that that has helped them reach resolution on the property that will be appearing before the council in January. Mr. Gleason added that he feel s the future site acqui sit ions will reflect the market. In regard to the future school site, Ms. Wooten asked if staff has talked with School District 4-J staff and if they also recommend it. Mr. Drapela responded that staff has been involved with them on this property and on Bond Lane for e MINUTES--Eugene City Council December 16, 1981 Page 10 .: ,. e some time. City staff has stipulated that if they decide not to pursue the item, the City would like to use the land as a park until the school district is going to make use of it. Ms. Miller moved, seconded by Mr. Obie, to authorize acquisition. Roll call vote; motion carried unanimously. VI I. AMENDMENT TO THE METROPOLITAN WASTEWATER MANAGEMENT COMMISSION INTER- GOVERNMENTAL AGREEMENT (memo, resolution distributed) Mr. Gleason stated that this routine matter would allow the Metro Wastewater Commission to deal with their cash flow problem more expeditiously. Ms. Smith added that this is a housekeeping item for emergency problems since the Federal grant would be delayed. This would allow the local contractors to be paid. Res. No. 3615--A resolution approving and authorizing execution of addendum to Metropol it an Wastewater Management Commission Intergovernmental Agreement. Ms. Miller moved, seconded by Mr. Obie, to adopt the resolution. Roll call vote; motion carried unanimously. Mayor Keller stated that he would like a short report back on the transition program in January. Mr. Gleason assured him that this would occur. e VIII. CITY OF EUGENE STREET LIGHT PROGRAM (memos and background information distributed) Mr. Gleason introduced Jim Hanks, Public Works. Mr. Hanks stated that in November, EWEB transferred the ownership of street lights to the City. In the past, the City has paid monthly charges, including maintenance, repair, amortization, etc. Now the City has the ownership and will be billed only for electricity and EWEB charges when they are used to provide services. The staff recommendation is to take over maintenance and operation and to use EWEB as the power supplier. A $50,000 savings per year should result after the first year. This should enable the City to install lights faster than before. Staff will negotiate to facilitate this change. Mr. Hamel asked how delivery of the lights could be speeded up. Mr. Hanks responded that 62 lights were authorized by the City this last year which have not been installed because of EWEB's cash flow problem. Now this can be done with City staff, as will further installations. EWES is now over 400 requests behind. We are trying to come up with a street light master plan. Mr. Hamel asked if the same problems would occur as have in the past. Mr. Gl eason responded that new installations depend upon the budget appropriations. The Bonneville Power Administration decision to revamp to high-pressure sodium lamps has caused e MINUTES--Eugene City Council December 16, 1981 Page 11 -~,~~ - ~ ,e- a different energy rate. City staff may be able to rehabilitate existing fixtures and use them for repairs. The price of power will continue to go up and this is one way of saving. Mayor Keller asked if the additional costs would go into the operating budget. Mr. Gleason responded that they would but there is no way to avoid the power rate. Ms. Miller moved, seconded by Mr. Obie, to accept ownership and responsibility for maintenance and repair of the street lighting system. Roll call vote; motion carried unanimously. The meeting was adjourned to the McNutt Room to interview Planning Commission final i sts. ~.lY s~~~ 2:~~ Mic eal D. Gle~on City Manager (Recorded by Lynda Nelson) MDG:LN:pv/CM23bl e e., MINUTES--Eugene City Council December 16, 1981 Page 12 .--4 ~ ~/' - . >/