HomeMy WebLinkAbout01/11/1988 Meeting (2)
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M I NUT E S
EUGENE CITY COUNCIL
CITY COUNCIL CHAMBER-CITY HALL
January 11, 1988
6:30 p.m.
PRESENT:
Debra Ehrman, Freeman Holmer, Ruth Bascom, Robert Bennett,
Jeff Miller, Emily Schue, Cynthia Wooten.
ABSENT:
Roger Rutan.
The work session of the City Council of the City of Eugene was called to
order at 6:40 p.m. by His Honor Mayor Brian B. Obie.
I. NUCLEAR FREE ZONE ORDINANCE
City Manager Mike Gleason introduced the item. Glen Potter,
Intergovernmental Relations, gave the staff report. He said at its
December 7 work session the council agreed to schedule final action on
the Nuclear Free Zone Ordinance at its January 11 meeting. He said the
council had reached a consensus to refer the issue back to the voters.
tit Mr. Potter reviewed the particulars of the two ordinances. Included in
the councills packet is election information from staff. He said staff
is recommending a May election in order to save money, give staff more
time to prepare a voter pamphlet, and in the hope of a greater voter
turnout.
Ms. Ehrman asked if the City Attorney's Office has completed the review
of the Minimally Revised Version (MRV). Tim Sercombe, City Attorneyls
Office, said his office has conducted a preliminary review of the MRV
and can have an opinion forwarded to the council if it would like.
Ms. Ehrman said she thought she had asked for such an opinion last month.
She asked Mr. Potter why staff have predicted that a May election would
attract a greater number of voters.
Mr. Potter said the prediction is based on figures that show a March
vote-by-mail election would produce a 40 percent turnout. He said staff
anticipates a higher turnout during the May general primary election
because it includes presidential and council races.
Ms. Bascom said she made the recommendation to move the election to
March. However, the cost factor and the staff prediction of a higher
turnout in May have persuaded her to withdraw her support for a March
date.
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MINUTES--Eugene City Council
January 11, 1988
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Mr. Holmer noted an apparent typographical error that states the draft
ordinances will take effect May 3. He asked what is meant by the phrase
"truly nuclear free" in Section 3 A of the MRV.
Mr. Holmer asked if the phrase "aggressive nuclear warfare" in subsection
b2 exempts prosecution of "defensive nuclear warfare."
Mr. Miller asked Mr. Sercombe whether he is prepared to give an opinion
now on the MRV. Mr. Sercombe said he is prepared to discuss issues in
the MRV. He said the City Attorney's Office is also prepared to draft a
written opinion of the ordinance. Mr. Sercombe said a written opinion
would focus on the constitutionality and enforcement problems of the
section that prohibits the preparation for nuclear war. In addition, he
said there is a technical problem in that the ordinance does not specify
a maximum limit for the fine. Both problems could be remedied with a
later amendment. He said the rest of the ordinance is consistent with
the opinion issued earlier in January.
Mayor Obie asked how the MRV and a second measure based on the Lane
County ordinance would appear on the ballot. Mr. Sercombe said both
ordinances would appear on the ballot for a yes/no vote. The ballot
titles and subsequent explanations would have to clearly distinguish for
voters the differences between the two. If both ordinances passed, the
one with the higher number of "yes" votes would be enacted. If both
ordinances failed, the current ordinance would continue in effect.
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Ms. Ehrman said she favors a March election date because of the lengthy
amount of time that has passed since the ordinance was orginally voted
on. She said that spending $10,000 to $20,000 on a special election is
not that significant in light of the fact the City has already spent
nearly $90,000 on the issue so far. She said the subject matter would
ensure a large number of voters regardless of the date. Ms. Ehrman said
that although she would like to have a voter1s pamphlet on the issue, she
said the council should not be put in the position of arguing for or
against either ordinance because the issue belongs to lithe people." She
said she will vote for a March election.
Mr. Holmer said it is important for the proposed ordinances to go to
voters with a voter's pamphlet. He said supports a vote during the May
primary election.
Ms. Schue said she agrees with Mr. Holmer in that the ordinances should
be placed on the May ballot. She said she is willing to save $10,000 to
$20,000 in City funds by going to a later election date.
Mr. Holmer said the proposed pamphlet will be mailed to every resident in
the City of Eugene. The pamphlet will contain the text and title of the
ballot measures with an impartial explanation compiled by proponents and
opponents of each version. He said the pamphlet will be on the council's
January 20 work session agenda.
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January 11, 1988
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Ms. Sercombe said information must be submitted 50 days prior to the
election date for inclusion in the pamphlets which are then mailed to
voters approximately two weeks before the election. Mr. Holmer said the
cost is about $6,500 per measure.
Ms. Wooten told members of the audience that the council is referring two
versions to voters because it has been unable to agree on anyone
ordinance. She said she is in support of a May election.
Mayor Obie said he also is in favor of giving voters two measures to
consider. He said to put only one proposal on the ballot would force a
significant amount of people to choose an issue they did not originally
vote for. He added it is time to reach a conclusion on the issue.
Ms. Bascom said she prefers a May election date because of the cost
involved in a special March election. She said the primary difference
between the two measures is the scope of the ordinance.
Ms. Ehrman asked other councilors if they had received feedback about the
council IS proposal to put only one of the task force's recommendations on
the ballot and substitute the other with a measure modeled after the Lane
County ordinance.
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Ms. Wooten said she has not recently received feedback from task force
members. She noted that both the MRV and a second version proposed by
Mr. Bennett were both voted upon by the task force.
Mr. Gleason said the council at this point can take a straw vote on the
issue and reaffirm the vote during its regular meeting beginning at 7:30
p.m.
Ms. Ehrman verified that the MRV has an appointed board rather than an
elected board. The council agreed to conduct a straw poll on the issue
of what proposals to forward to staff for finalization.
Ms. Ehrman moved, seconded by Mr. Holmer, to direct the
City Attorneyls office to prepare documents referring to
the voters Nuclear Free Zone Ordinance proposals A and C
(as presented) at this meeting for the May 17
primary election ballot.
Ms. Bascom said she noted discreet disapprovals from audience members
over the comment that there will be an appointed rather than elected
Nuclear Free Zone Board to oversee the ordinance. She said the
restrictions that would be placed on board appointees satisfy her that
the board will be effective proponents of the measure.
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January 11, 1988
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Ms. Wooten said she has appreciated serving on the task force during the
last year. She observed that she underrated the communityls emotions on
the issue. She said she regrets that the task force failed to reach a
unified conclusion. However, she said she is looking forward to
discussing the ordinances once more before the election.
Ms. Ehrman said she will be voting against the proposal because of the
May election date and the change from an elected to an appointed board.
Roll call vote; the motion carried 6:1, with councilors
Holmer, Bascom, Bennett, Miller, Schue, and Wooten voting
aye, and councilor Ehrman voting nay.
The work session was adjourned at 7 p.m. to the regular meeting of
January 11, 1988 at 7:30 p.m.
(Recorded by Todd Nissen)
MINUTES--Eugene City Council
January 11, 1988
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