Loading...
HomeMy WebLinkAbout02/12/1986 Meeting e e e M I NUT E S Eugene City Council City Council Chamber February 12, 1986 Noon COUNCILORS PRESENT: Richard Hansen (12:00-1 :15 p.m.), Debra Ehrman, Emily Schue, Cynthia Wooten, Freeman Holmer, Ruth Bascom, Roger Rutan, Jeff Miller. The adjourned meeting of February 10, 1986, of the City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor Brian B. Obie. I. ITEMS FROM MAYOR AND COUNCIL, CITY MANAGER APPOINTMENTS, ANNOUNCEMENTS, AGENDA ADJUSTMENTS A. Mayor's Guest Mayor Obie introduced and welcomed Kia Cheleen, who is in the sixth grade at Cal Young Middle School. He said Kia was born in Vietnam and has lived in the United States for six years. Responding to a question from Mayor Obie, Kia said she won a classroom drawing. She could have chosen a stuffed animal or a helicopter ride, but she chose to have lunch with the Mayor. Mayor Obie said he will look forward to seeing the report she writes about the council. B. Crime in Eugene Councilor Wooten said The Register Guard recently published a good report on crime. She said there seems to be much duplication in crime prevention, efforts to alleviate substance abuse, and the Neighborhood Watch program. She asked the other councilors to consider forming an advisory committee to assess the resources of the City and the community and to find ways to work together to raise an awareness of crime and crime prevention. She suggested the committee operate much as the Task Force on the Homeless and Hungry operated. The other councilors and Mayor Obie agreed to Ms. Wooten's suggestion. She said she would like to meet with Police, Fire, and Emergency Services Director Everett Hall and City Manager Gleason to discuss the committee. She will present the results of the discussions to the council. MINUTES--Eugene City Council February 12, 1986 pa ge 1 e C. Improvements to the Fifth Avenue Historic District Ms. Wooten said she asked that improvements along Fifth Avenue in the historic district be given a priority about a year ago. She had suggested a Local Improvement District be used. She would like to see sidewalks constructed and street trees planted so the district will be attractive. Mr. Whitlow responded that the council will receive a recommendation from the Downtown Commission about the use of an assessment district for the improve- ments to Fifth Avenue. Councilor Bascom said City Engineer Bert Teitzel recently discussed the improvements to Fifth Avenue at a meeting of the Tree and Beautification Commission. D. Eradication of Gypsy Moths Councilor Rutan said BT will be sprayed from helicopters again this spring in the Hawkins Height area of Ward 8. He will work with the City staff to see that residents are warned of the sprayings. E. Birthday of Abraham Lincoln Councilor Holmer pointed out that today is the birthday of Abraham Lincoln. e F. National League of Cities Committee on Finance, Administration, and Intergovernmental Relations Mr. Holmer said he has been asked to serve for the third time as a member of the steering committee of the National League of Cities Committee on Finance, Administration, and Intergovernmental Relations. He said it is an important body and he is pleased to have the opportunity to serve on it. G. FY87 Budget Referring to a council work session on the budget which he was not able to attend, Mr. Holmer he said he applauded the council's decision to support adequate funding for the City's infrastructure. He said he supports a balanced budget and careful use of essential user fees. He said he will oppose asking the voters for a tax increase of any kind this year. He also opposes the proposal for a Lane County property tax levy part of which would be rebated to cities. H. Downtown Parking District Councilor Ehrman said she had asked for a report on enforcement of the Down- town Parking District. She hoped she would receive the report before the council considers changes in the district. e MINUTES--Eugene City Council February 12, 1986 Page 2 e e e I. Beautification of the Community Mayor Obie congratulated Ms. Bascom on the arrangements she made for the tree planting ceremony on Franklin Boulevard last week. Ms. Bascom thanked the staff of the Parks and Recreation Department for its help in arranging the ceremony. She said the trees planted on Franklin Boulevard were provided at cost by Olympic Landscape Co. Ms. Bascom said Project City Pride is underway. She hoped the City will acquire a banner to be hung during other beautification ceremonies. Ms. Bascom said a foundation titled "People for Parks" is being organized to acquire private capital for beautification projects. She asked the other councilors to recommend people for the Board of Directors of the foundation. Councilor Hansen said it is very important to recognize businesses that contribute to beautification projects. J. Public Forum Presentation Concerning Tobacco Product Samples Councilor Schue discussed a presentation made to the council on February 10 by Joyce Owen who represented the American Lung Association of Oregon. Ms. Owen asked the council to adopt an ordinance which would ban the distribution of free samples of tobacco products on streets, sidewalks, and parks in Eugene. Ms. Schue said most councilors seemed to approve of the idea. Ms. Schue asked the staff to draft an ordinance which would prohibit the distribution of free samples of all tobacco products on public property. Ms. Schue said the fine for violating the ordinance should be consistent with other City fines. Mr. Holmer said he would like to prohibit the distribution of free samples of tobacco products by anyone. Ms. Owen had suggested the ordinance apply to agents of the tobacco companies only. He also said the fine should be appro- priate. Ms. Ehrman said she would not want the regulations to apply to people who supply friends with cigarettes. K. Alder Street Area Councilor Miller said people have told him they are intimidated by two or three people begging together in the Alder Street area and the downtown mall. He said there is also a need for additional street lighting near Sacred Heart Hospital and the University because the area is becoming increasingly dangerous. He asked the staff to suggest solutions to these prOblems at another council meeting. MINUTES--Eugene City Council February 12, 1986 Page 3 e e e L. Airport Terminal Expansion Mr. Hansen said Bob Shelby, Director of Aviation at Mahlon Sweet Field, asked several people to go to Phoenix to see a new modular jetway which is less expensive than other jetways. He said the jetway might be used at Mahlon Sweet Field. Several councilors expressed interest in making the trip. M. Proposed Ordinance Concerning Weapons Mr. Miller thanked the staff for clarifying to the general public that the council asked to staff to get additional input about the proposed ordinance which would have regulated the use of weapons. He said some people were misinformed about the council's direction. City Manager Micheal Gleason asked City Attorney John Arnold to discuss the ordinance. Mr. Arnold said the ordinance as drafted probably would not survive judicial scrutiny because on February 4 the Oregon Supreme Court announced a far reaching decision in the City of Portland vs. Dollarhide case. Mr. Arnold said the decision indicates that state statutes preempt or control local criminal ordinances in the same area. As a result, the City staff has identified many sections of the Eugene code that overlap with State statutes. The City Attorney's office is analyzing the sections to determine if modifications to the City code are required. Responding to a question from Mayor Obie, City Attorney Tim Sercombe reviewed the reasons the council had directed that the ordinance be drafted. He said the council had previously rescinded the sections of the code which regulated the use of weapons because they were unconstitutional. The council became concerned about several incidents on the downtown mall in which knives, martial arts weapons, and other weapons were used. The police department indicated that current local and State laws are insufficient for enforcement and that there are enforcement problems in other areas of the city as well. Consequently, the council directed the staff to review the existing ordinances and to propose a new ordinance that would deal with the problems. The proposed ordinance would have applied to the whole city. Answering a question from Mr. Holmer, Mr. Sercombe said the review of current ordinances which the Supreme Court decision may have made unconstitutional will probably take sixty to ninety days. He said as many as 36 sections of the Eugene code may have been affected by the decision. He said the Supreme Court decision is not clear. The Eugene City Attorney will discuss the opinion with other City Attorneys in the state. The City may petition the Supreme Court to reconsider the opinion, but the Supreme Court does not usually reconsider decisions. He said the City Attorney will probably recommend that the City adopt ordinances which are similar to the State statutes. Mr. Hansen asked what would happen if the City approved the ordinance as proposed. Mr. Sercombe responded that there might be liability issues if the City adopted the ordinance, and Mr. Gleason said problems would be created by the council's willful violation of a judicial standard. MINUTES--Eugene City Council February 12, 1986 Page 4 e Mr. Miller would like the City to contact the people who will be affected by any ordinance which regulates the use of weapons before the council considers the ordinance. He would like the regulations to focus on behavior which is intimidating and threatening. He suggested the staff present a position paper to the council when the issue has been studied. Ms. Wooten said she supports a request that the Dollarhide decision be reconsidered because the decision seems to erode the City's home rule charter. She suggested the council delay action on the matter until the Supreme Court's decision is clearer and then direct that the ordinance be rewritten. Ms. Bascom was surprised at the big reaction from the public about the proposed ordinance. She suggested the whole process be started again when more information is available. Mr. Holmer suggested the staff include a discussion of regulations which might control the use of weapons in the review of code sections which do not conform to State statutes. Mr. Hansen moved, seconded by Ms. Ehrman, to withdraw the proposed ordinance regulating to the use of weapons from the council's consideration. Mr. Hansen said he will oppose the motion because he thought the proposed ordinance was good. ~ Mr. Holmer will vote in favor of the motion, although he agreed with Mr. Hansen that the ordinance is needed. Answering a question from Mayor Obie, Mr. Sercombe said a list of options can be presented to the council in 60 days. Mayor Obie said the proposed ordinance went beyond the council's direction, although now the council's concerns have not been addressed. Mr. Gleason summarized the motion by saying a discussion of the impact of the Dollarhide decision and, perhaps, a position paper that will indicate a process for complying with the council's concerns about the use of weapons will be presented to the council in 60 to 90 days. Ms. Ehrman said the lack of a visible authority seems problem in the University area and the downtown mall. of a full-time police officer to serve that area will the budget process. The motion carried 7:1 with Ms. Ehrman, Ms. Schue, Ms. Wooten, Mr. Holmer, Mr. Rutan, Mr. Miller, and Ms. Bascom voting aye and Mr. Hansen voting nay. to be part of the She said the addition have to be considered in e MINUTES--Eugene City Council February 12, 1986 Page 5 e N. Appointments (memo distributed) Mr. Hansen moved, seconded by Ms. Ehrman, to approve the following appointment by Mayor Obie to the Bicycle Committee: Susan Schrieber Aller, 25 McDonald Court (replaces Don Diment) Ms. Bascom said members of the Bicycle Committee told her they thought Ms. Schrieber Aller would be an excellent committee member. She said Ms. Schrieber Aller and Mr. Recker, chairer of the committee, talked with representatives of Sacred Heart Hospital about encouraging bike travel. Roll call vote; the motion carried unanimously, 8:0. II. ROUTINE ITEMS FOR COUNCIL APPROVAL A. City Council minutes of: meeting of November 20, 1985; meeting of November 25, 1985; Dinner/Work Session of January 13, 1986; Joint Lunch/Work Session of January 15, 1986; Lunch/Work Session and Meeting of January 22, 1986 (minutes distributed) Mr. Hansen moved, seconded by Ms. Ehrman, to approve the City Council minutes of November 20, 1985; November 25, 1985; January 13, 1986; January 15, 1986; and January 22, 1986. Roll call vote; the motion carried unanimously, 8:0. e B. Improvement Petitions 1. Sanitary Sewer North of Pitchford Avenue (Job #2220) (assessable costs: sanitary sewers--100%; City cost--none) Res. No. 3957--A resolution authorizing sanitary sewer 280 feet north of Pitchford Avenue from Willow Creek Road to 700 feet west of Willow Creek Road (2220). 2. Sanitary Sewer in Willow Creek Road (Job #2218) (assessable costs: sanitary sewers--100%; City cost--none) Res. No. 3958--A resolution authorizing sanitary sewer in Willow Creek Road from 600 feet north of Pitchford Avenue to 300 feet north of Pitchford Avenue (2218). 3. Sanitary Sewer South of Valley River Drive (Job #2223) (assessable costs: sanitary sewers--100%; City cost--none) Res. No. 3959--A resolution authorizing sanitary sewer 300 feet south of Valley River Drive from 630 feet to 750 feet west of Tivey Wheeler Road (2223). e MINUTES--Eugene City Council February 12, 1986 Page 6 e e e Mr. Hansen moved, seconded by Ms. Ehrman, to adopt the resolu- tions. Answering a question from Mr. Hansen, City Engineer Bert Teitzel said there is enough capacity in the main trunk south of Valley River Drive for the addi- tional sewer. Roll call vote; the motion carried unanimously 8:0. III. EWEB REVENUE BONDS (memo, ordinance, resolution, background information distributed) City Manager Micheal Gleason introduced the agenda item. Finance Director Warren Wong gave the staff report. He said the Eugene Water and Electric Board (EWEB) Board of Directors asked the City Council to put a ballot measure on the March 25 special election for a $25,000,000 bond issue supported entirely by revenues from the electric utility system. If the ballot measure is approved, the bonds will be issued in the name of the City of Eugene. Mr. Wong said $22.1 million of the bond issue will be used for capital projects listed in the EWEB Master Plan. The balance of the bond issue will establish a debt service reserve and a $400,000 contingency account. Mr. Wong said part of the financing proposal is to pay off outstanding EWEB bonds. EWEB would then be released from restrictions in the old bonds and a more flexible investment program, with possibly a higher rate of return, would be permitted. He said a one-percent rate increase will be necessary to pay off the bond issue, but approval of the financing proposal will minimize future EWEB rate increases. He noted that some increases in Bonneville Power Administration rates will be passed on to customers. Mr. Wong recommended the council approve the ordinance authorizing the issuance of the revenue bonds and the other ordinance and a resolution referring the measure to the voters. He also recommended that EWEB submit more detailed information on the capital projects to the council when EWEB is ready to issue the bonds. Answering a question from Mr. Rutan, Mr. Wong said the EWEB bonds will not be backed by the full faith and credit of the City. However, the rating agencies will consider the EWEB bonds to be City of Eugene bonds, and the rating agencies will consider the City responsible if the bonds are not paid. He said the City Council is the only body that put bond measures on the ballot. Putting the EWEB bond measure on the ballot will not mean the City legally or officially stands behind the bonds. He said approval of CB 2874 authorizes the issuance of the bonds. He said the council will pass another ordinance or resolution allowing EWEB to issue the bonds after the election when EWEB officials have presented details of the bond issue to the council. Mr. Rutan noted that the council was not being asked to evaluate the proposal. MINUTES--Eugene City Council February 12, 1986 Page 7 e e e Responding to a question from Ms. Wooten, Don Vanderzanden, EWEB treasurer, said EWEB forecasts do not include future BPA rate increases because EWEB does not know if BPA will increase rates. However, EWEB usually passes about half of BPA rate increases on to EWEB customers. Peter Johnson, BPA Administrator, has indicated SPA is in a period of rate stability, Mr. Vanderzenden said, but no one knows what will happen if BPA is sold. Replying to questions from Mr. Hansen and Mr. Holmer, Mr. Wong said costs for the March 25 election will be shared with other jurisdictions on the ballot. The City will be charged between $6,000 and $7,000. Mr. Vanderzanden said the interest would be 8 percent if the bonds were sold today, although the ordin- ance indicates a maximum interest of 13 percent. If interest rates rise above 13 percent, the ordinance indicates the bonds cannot be sold. Ms. Bascom appreciated the presentation EWEB officials made to the City Council and she appreciated the enclosure in EWEB mailings which described the sewer charge. She hoped the garish red line on EWEB bills can be changed. CB 2874--An ordinance authorizing the City of Eugene, acting by and through the Eugene Water & Electric Board, to issue up to $25,000,000 aggregate principal amount of revenue bonds or other evidences of indebtedness of the City, payable solely from net revenues or any portion thereof of the electric utility system of the City, for the purpose of financing improvements to the electric utility system of the City; and providing for an effective date. Mr. Hansen moved, seconded by Ms. Ehrman, 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. Ms. Ehrman noted that the council action is pro forma. Her vote in favor of Council Bill 2874 would not indicate support or non-support for the ballot measure. Mr. Holmer and Mayor Obie said they support the ballot measure. Mayor Obie said he hoped the EWEB development will be an excellent example of what can be done on the riverfront. Roll call vote; the motion carried unanimously, 8:0. Council Bill 2874 was read the second time by council bill number only. Mr. Hansen moved, seconded by Ms. Ehrman, that the bill be approved and given final passage. Roll call vote, all councilors present voting aye, the bill was declared passed (and became Ordinance No. 19377) MINUTES--Eugene City Council February 12, 1986 Page 8 e Res. No. 3960--A resolution referring Ordinance No. 19377 authorizing issuance of $25 million aggregate principal amount of revenue bonds or other evidences of indebtedness of the City, payable solely from net revenues or any portion thereof of the electric utility system of the City, for the purpose of financing improvements to the electric utility system of the City to the electors of the City of Eugene. Mr. Hansen moved, seconded by Ms. Ehrman, to adopt the resolu- tion. Roll call vote; the motion carried unanimously, 8:0. CB 2875--An ordinance ordering a special City election to be conducted by the Lane County Elections Department on the 25th day of March, 1986, for the purpose of referring to the legal electors of the City of Eugene for their approval or rejection an ordinance author- izing the City of Eugene, acting by and through the Eugene Water and Electric Board, to issue revenue bonds or other evidences of indebtedness of the City in an amount not exceeding $25 million aggregate principal amount in accordance with provisions of Ordinance No. 19377; adopting polling places, and providing for all acts necessary for the carrying on of said election; and declaring an emergency. Mr. Hansen moved, seconded by Ms. Ehrman, that the bill be read the second time by council bill number only, with unanimous consent of the council, and that enact- ment be considered at this time. e Council Bill 2875 was read the second time by council bill number only. Mr. Hansen moved, seconded by Ms. Ehrman, that the bill be approved and given final passage. Roll call vote; all councilors present voting aye, the bill was declared passed (and became Ordinance No. 19378). IV. PLANNING FOR AN EXPANDED LIBRARY FACILITY (memo distributed) City Manager Michea1 Gleason introduced the agenda item. Pat Decker of the Planning Department gave the staff report. She said some councilors met with representatives of the Library Board, Friends of the Library, and the Library Foundation in January. She said people at the meeting showed a great deal of interest in the expansion of the library; therefore, the staff developed a process to develop specific site and building plans for a library expansion and to establish a time frame and financial plan for the expansion. e MINUTES--Eugene City Council February 12, 1986 Page 9 e e e Referring to a chart on the last page of the agenda, she said the first phase in the process wi 11 be creati on of a commi ttee call ed IlFuture of Our Li brary. II She revi ewed the compos i ti on of the commi ttee. She sa i d the committee will develop an outline of future library needs, a preliminary building program, and criteria for mixed use on the future site if it is determined that the library should be part of a large development. In order to obtain citizen involvement, the committee will hold a Community Forum and then circulate a report describing the Ilfuture library" concept. She said the committee will present the report and public comment on it to the council in about six months. The second phase of the process, Ms. Decker said, will involve a site selec- tion study, a detailed building program, and a financing plan. The second stage will be completed in about 12 months. It will be reviewed by the Library Board, the Downtown Commission, and the Planning Commission and then adopted by the council. The final phase of the process will be implementation of the financing plan and development of a design for the future library. Charles Stephens, chairer of the Library Board, said he is pleased that a planning process for the library expansion has been proposed. He said the participation of City Councilors, the City Manager, and other City staff in the January 11 meeting was appreciated. He said the meeting focused on library growth and the direction it should take and the meeting started a dialogue about the needs of the public library. He urged approval of the proposal to formalize the planning process. Ms. Ehrman said the public meetings on the Eugene Agenda in the summer of 1985 indicated that the community considers expansion of the library a priority. She said the proposed process will address that concern. Mayor Obie added that Ms. Ehrman volunteered to take the lead position for the council on the library expansion. Answering Questions from Mr. Miller, Ms. Decker said existing library services will not be affected by the proposed planning process. Mr. Hansen said there are many unknowns about the financial condition of the library. He questioned the advisability of organizing a committee to consider something that will increase the City.s operating expenses funded by the property tax. He would like to delay approval of the committee at least until the 1987 Budget ;s approved. However, he will urge that a financial plan for the library expansion include provisions for the increased operating costs that will result if the council approves the proposal. Ms. Bascom said the community has evidenced a very strong interest in the library expansion and that interest has directed the council to begin the plans. She would like to represent the council in the second lead position for the project. MINUTES--Eugene City Council February 12, 1986 Page 10 e e e Ms. Schue said she understood how both Mr. Hansen and Ms. Bascom felt. She will support the motion, but she would like the advocates of a new library to understand that the councilors do not know how to fund the expansion. She said councilors will probably be willing to go ahead with the planning, but it is a mutual problem and it would be unfortunate if no financial plans are included when the project is returned to the council. She said the councilors probably will be willing to take a "leap of faith" and authorize the planning because they believe in the project. Answering a question from Mayor Obie, Mr. Gleason said the planning process includes a financing element for both the construction of the expansion and its operation. Mr. Hansen moved, seconded by Ms. Ehrman, to approve the plan for an expanded library facility as detailed in the February 12, 1986, memo to the Mayor and City Council from the Planning Department. Roll call vote; the motion carried unanimously, 8:0. V. QUARTERLY EUGENE/SPRINGFIELD VISITORS AND CONVENTION BUREAU REPORT (background information distributed) City Manager Micheal Gleason introduced Scott Lieuallen, Executive Vice President of the Eugene/Springfield Visitors and Convention Bureau. Mr. Lieuallen introduced Betty Olson, president of the Board of Directors of the Bureau. He also introduced staff members of the Bureau and discussed their responsibilities. He said Eugene and Springfield contract with the Bureau to solicit visitors as vacation travelers and convention delegates because it is a public benefit. Discussing the meetings held in Eugene and Springfield during the last quarter, Mr. Lieuallen said 62 conventions were held and the 23,000 delegates probably spent about $100 a day or a total of $5 to $6 million. During the quarter, he said the Bureau staff also "closed" many conventions that will be here in the future. He said the University of Oregon has been identified as an excellent source of "leads" for meetings, and the Bureau has developed a process for encouraging the faculty and staff to make contacts. He emphasized that the Bureau also works with other organizations in the community to generate "leads." Mr. Lieuallen discussed the Bureau's efforts to attract tourists to the area by inserting ads in various publications. He distributed proofS of some cooperative ads. He enumerated many activities related to Expo 186 and said he considers Expo 186 an opportunity to familiarize people with this area. He said much of the economic impact of the Exposition probably will be felt in future years. MINUTES--Eugene City Council February 12, 1986 Page 11 . e ~ Discussing the economic impact of conventions, Mr. Lieuallen said about 87,000 delegates came through the community in 1985. The impact of their spending was between $25 and $30 million. He reviewed major track and field competi- tions that have been held here in the past and said there is a potential for many future competitions. He said the Eugene/Springfield area can become a national and international sports competition and training center if the public and private sectors work together. Answering questions from Ms. Ehrman and Ms. Wooten, Mr. Lieuallen said he will send information to the councilors about the special events at the Oregon Pavilion from August 10 to 14, the steam train that will be going from Eugene to Expo '86, and additional information about the economic impact of conven- tion delegates. Ms. Wooten said the revenue from the City's room tax has been stable for the last two years, and she wondered about the future. Mr. Lieuallen said hotel and motel representatives expect a five to seven percent increase in occupancy this year. Ms. Wooten indicated the City initiated a destination point program some time ago. She said the destination point activities blend well with the Bureau's efforts to bring convention delegates to the community. She said she looks forward to a program which defines roles in the community's efforts to have events that will be attractive to both tourists and convention delegates. Mr. Lieuallen added that he discussed with Mayor Obie the recreation of a group composed of representatives of the industry, City staff, City coun- cilors, and the Board of Directors of the Bureau. He said the group could address the difference between the organizing of activities and the promoting of activities by the Bureau. Mayor Obie said such a group should not be organized until the financing of the airport terminal expansion is determined. Responding to a comment from Mr. Miller, Mr. Lieullen said Bureau representa- tives are discussing the proposed addition to the Lane County room tax with County officials. /1i~~~fl:::: (~~/~ Micheal Gleason Ci ty Manager (Recorded by Betty Lou Rarick) 1972C MINUTES--Eugene City Council February 12, 1986 Page 12