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HomeMy WebLinkAbout01/20/1988 Meeting e e e M I NUT E S Eugene City Council McNutt Room--City Hall January 20, 1988 11:30 a.m. PRESENT: Freeman Holmer, Ruth Bascom, Debra Ehrman, Jeff Miller, Cynthia Wooten, Emily Schue, Robert Bennett, and Roger Rutan. The work session of the City Council of the City of Eugene was called to order at 11:40 a.m. by His Honor Mayor Brian B. Obie. I. ITEMS FROM THE CITY COUNCIL, MAYOR, AND CITY MANAGER A. Nuclear Free Zone Ms. Schue said she received several telephone calls from citizens in her ward who are concerned that opponents of the nuclear free zone will be able to stop passage of any ordinance because of the way the ballot is structured. She said the council will have to address the question and instruct staff in some way. Mr. Rutan said he has also received phone calls regarding that issue. He said he is not sure if those who oppose any kind of ordinance will vote no on both of the versions presented on the ballot. Mayor Obie said he agrees with Ms. Schue in that there may be a flaw in the process that could defeat the ordinance altogether. Mr. Freeman said one way to address the problem is to vote on the measures one at a time. Ms. Bascom said she is disappointed to have the issue of the ordinance's scope confused with the merits of a nuclear free zone. With regard to Mr. Holmer's suggestion, Ms. Ehrman asked how it would be decided which measure to vote on first, and what would happen if the first version is approved. Tim Sercombe, City Attorney's Office, said State law does not allow the City to ask voters to choose one ordinance over another in a binding vote. He said the City Attorney's Office has been exploring the possibility of structuring the question as an advisory vote to the council. Another alternative is to give voters three options to choose from. MINUTES--Eugene City Council January 20, 1988 Page 1 e Mr. Sercombe said it is his oplnlon that the law does permit an advisory vote on the issue. However, he said he has been discussing potential legal objections to an advisory vote raised by the Lane County Elections Office and the Secretary of State's office. He said the legal problem stems from not including the advisory vote as a measure on the ballot. Even if an advisory vote is not permitted, he said the City of Eugene has the ultimate "home rule prerogative" to structure an election as it chooses. Mr. Sercombe summarized that 1) the council can legally ask voters to choose on an advisory basis one ordinance over the other; 2) it will take some time for him to work through the legal technicalities; and 3) the issue also involves the council's home rule powers. He said a council decision to have three choices on the ballot will present a mechanical problem to the Lane County elections department. Mr. Miller asked if it is possible to ask voters whether they want any type of nuclear free zone ordinance. Ms. Wooten asked about the extent of the home rule charter with regard to the advisory or nonadvisory vote. Mr. Sercombe said preliminary research has shown the State may be able to dictate the form of a ballot as part of its powers to protect voters. An advisory vote does not involve ballot titles and voter protection issues and thus would not be subject to the same State laws. e Ms. Wooten asked that Mr. Sercombe pursue the issue of a "vote for oneil question on the ballot. If that is only possible through an advisory vote, she suggested the council make a public commitment to honor the advisory vote prior to the election. Mayor Obie said he would like Mr. Sercombe to complete his research and submit a process explanation in the council's Friday packet. Mr. Rutan asked what the council's objective is on the nuclear free zone vote. Mayor Obie said the council needs complete direction from the citizens and the ballot should ask voters which ordinance, if any, they want. Mr. Bennett questioned whether it is appropriate to ask if voters want to repeal the nuclear free zone ordinance on the same ballot as the two proposed versions. Ms. Wooten said the question of whether there should be any nuclear free zone was answered in November 1986 when voters approved the measure declaring Eugene a nuclear free zone. She said this time the council is asking for an adaptation of the law that will determine to what degree it is enforced. - Mayor Obie said if people do not want a nuclear free zone they should have the right to repeal the law. He said it would be improper for the council to try to interpret the public's views on the issue. Ms. Wooten MINUTES--Eugene City Council January 20, 1988 Page 2 e responded that the public has already made its choice on a nuclear free zone. Ms. Ehrman said she agrees with Mr. Bennett that placing three questions on the same ballot might confuse voters. Mr. Gleason said an advisory ballot can be structured to first ask if voters want a nuclear free zone, and then ask which type they prefer. Mr. Bennett said he agrees with Ms. Wooten in that the public has already spoken with regard to the nuclear free zone. However, he said time has passed and citizens might have had the opportunity to review additional information on the issue. Ms. Wooten restated that she is not in favor of a ballot measure that asks voters if they support a nuclear free zone. She said the council's commitment to the public was that it would refine the original law. She said it should not be an issue if the public has changed its mind. Ms. Bascom said it is not wise to second-guess the earlier vote. She said the council could discuss repealing the ordinance at a later date if it proves not workable. e Mayor Obie asked Mr. Sercombe to draft two proposals: 1) a ballot measure that gives voters the option to repeal the nuclear free zone itself in addition to asking which version they prefer; and 2) a measure that only asks voters to select one version of the ordinance. Mr. Sercombe clarified that the first option should not give voters three choices because of the problems posed to the Lane County Elections office. He said he will draft an option that first asks voters if they support a nuclear free zone, then secondly asks which version they favor. B. Master's Towing Service Complaints Ms. Wooten said she continues to receive complaints about the behavior and enforcement techniques of Master's Towing Service. She said she is frustrated about how the ongoing problem should be addressed. Mr. Miller said he met with representatives from Master's Towing and thought some solutions were being worked out. Mr. Holmer said the suggestions to improve relations included having the company do a better job posting parking zones. He said he has not received a report back from staff on the issue. Ms. Wooten said the most recent incident occurred at a duplex lot near the University of Oregon. She said a small moving van was towed away while unloading the occupants I furniture. Mr. Miller said one of the City suggestions in the case of an e MINUTES--Eugene City Council January 20, 1988 Page 3 e inappropriate towing was to have the owner of the property who requested the tow pay the fine. C. Lincoln School Public Hearing Ms. Wooten said she was unable to attend the public hearing on Lincoln School where there were apparently dissenting views expressed about the council IS earlier position. She said there has been convincing testimony urging the City to pay for a study that examines how the current building can be put to use. City Manager Mike Gleason said he is willing to go through design reviews on the Lincoln School. However, he said the City does not have any plans to operate the existing bUilding unless the council funds a new program. Ms. Wooten said the issue focuses around low-income day care for that part of Eugene. She said she would like to hear staff suggestions about how to accomodate low-income day care on the site in conjunction with a second use. Mr. Gleason said staff has examined the possibility of combining a day care facility with the head-injured housing project. He said complications arose with the high cost of funding the day care program. e Mr. Holmer asked who holds the title to the land. Mr. Gleason said it is currently school district property. Mayor Obie asked the council if there is a consensus to change its earlier instructions to staff. Mr. Holmer said he is interested in hearing more about the potential for a day care facility. Ms. Schue said she thinks everybody is interested in saving the building. But she said she does not forsee the council investing the amount of money it will take to renovate the structure. She added she is still open to hearing new information that decreases the cost of saving the building. Ms. Wooten reminded the council it has already requested cost estimate information from the school district. She said she is also not sure the building can be saved. However, she said the council should address the needs of the Westside Neighborhood Quality Project which has lost several public facilities at the Lincoln School site. Because of the significant amount of staff work that has already been done on the issue, Mr. Bennett said he is unsure if any new information will be generated from additional studies. He said he would like to know more about the timetable Eugene Emergency Housing must meet to maintain e MINUTES--Eugene City Council January 20, 1988 Page 4 e its funding commitment from Housing and Urban Development (HUD). In addition, Mr. Bennett recommended the council form a subcommittee to review the issue. Mr. Gleason said he has informed representatives from HUD about the council's latest decision. He said HUD is still interested in funding the head-injured housing project and is keeping the money in the region. Mr. Bennett noted that Eugene Emergency Housing has been put in the position of supporting the demolition of Lincoln School because it best fits their funding and site criteria. He said he attended the public hearing and is also wondering if it is necessary to set aside all the additional space for recreation use. Mr. Miller reiterated previous comments to the council that estimated it will cost $2 million to renovate the building for any purpose. Mayor Obie established a subcommittee of Ms. Wooten, Mr. Miller, and Mr. Bennett to further research the issue and return a recommendation to the council. D. EWEB Relations e Ms. Wooten said she is concerned about the relationship between the council and EWEB. She proposed that the council and EWEB commissioners hold a frank discussion about upcoming and present problems and concerns. She said she is frustrated with the apparent lack of public access to the EWEB plaza and 4th Street improvement projects. She said she is also concerned because she specifically asked for EWEB and Downtown Commission representatives to discuss the issues with the council, and so far that has not occurred. Susan Brody, Planning Department, said her department has been working with EWEB staff and the architect on the preliminary design for the 4th Street Plaza. The Planning Department has also been briefing the Downtown Commission on the design progress. She said there is no reason the council should also not have input on the design, which has not been finalized. Ms. Wooten, Ms. Bascom, and Mr. Holmer said they would like to be involved in the design process. Mr. Bennett said he hopes the City can make a contribution to the project, which is already well underway. However, he said he does not want the council to spend much more time on the issue. Mr. Holmer said he would like to add a review of the process the City has gone through on the two projects to the agenda of the Citizen Involvement Committee. He said both the council and the Downtown Commission have been shut out of the public policy process. e MINUTES--Eugene City Council January 20, 1988 Page 5 e Ms. Wooten said the council should take the initiative in setting up a meeting with EWEB commissioners. Mr. Bennett said the meeting should not be held in the context of the 4th Avenue improvements and EWEB Plaza issues. Ms. Bascom said one agenda item at the meeting should address progress that has been made on the projects. Mr. Gleason said the relationship between the City and EWEB is currently the best it has ever been since he joined the City. He said the relationship between the two organizations is unique because the City's management structure is not the same as EWEB's. The City Manager position does not have a direct counterpart at EWEB. Councilors agreed to have staff pursue an informal meeting with EWEB with approximately four agenda items. E. Thank You's Ms. Bascom thanked Mr. Miller for his work on the Martin Luther King Jr. Celebration. She also thanked Ms. Ehrman for her participation on the Future of Our Library Committee and the report that it presented to the counci 1. e Ms. Bascom thanked Ernie Orapela and John Etter for helping the private citizen interested in lighting the Amazon Jogging Trail. F. Committee on Committees Mr. Holmer said he will be convening a meeting of the Council Committee on Committees, and asked councilors to turn in any changes they would like to make regarding the committees they are currently on. G. Willamette Street Ms. Ehrman asked if there is going to be an agenda item on Willamette Street and the Urban Renewal Plan. Cathy Freedman, City Managers Office, said the Urban Renewal Plan has been scheduled for a March 9 work session, with the Willamette Street issue set for a later date. Ms. Ehrman said she would prefer having the Willamette Street issue first. Ms. Schue said she would also like to see the Willamette Street issue considered first since the council's decision might impact voter perception of one of the possible ballot measures. Mr. Holmer asked if the council should consider the issue early enough for a potential vote in May. e Ms. Freedman said she will discuss the matter with staff and determine if it can be placed on a February council agenda. MINUTES--Eugene City Council January 20, 1988 Page 6 e e e H. 13th Avenue Clean-up Ms. Ehrman thanked the Maintenance Division and other Public Works staff for developing a clean-up plan for 13th Avenue. She said merchants along the street are appreciative of the City's efforts. I. World Veterans Game Committee Mr. Rutan said he attended the first meeting of the World Veterans Committee Tuesday night. He said the committee has done an excellent job putting together representatives from the local area. He said the games, scheduled for 1989, will be one of the largest events held in the community. J. Room Tax Review Committee Mr. Rutan said Lane County is looking for advice on the room tax issue because the bonds on the Lane County fairgrounds are ready to mature. He said county officials are exploring ways to make the funds available for other projects. One such proposal is to expand the convention facilities at the fairground. He said the committee will be meeting twice a month to resolve the issues. K. Hayward Field Mr. Rutan said he and Assistant City Manager Dave Whitlow have received design development documents for the east grandstand at Hayward Field. He said it is an important part of the intergovernmental agreement that the City be able to review the plans and drawings. L. Airport Construction Mr. Rutan said bids for construction of the terminal will be going out February 9. He said the City is trying to put the bids out before another large set of construction bids are released. He said Chris Andersen, Director of Public Works, expects 1988 to be a busy construction year. Airport construction is scheduled to start in April. M. Election Announcement Mr. Rutan said he will be announcing his future political plans in the City Council Chamber at 9 a.m. Monday. N. Chancellor's Office Mayor Obie said he would like staff to investigate the current proposals to move the Chancellor's Office from Eugene to Portland or Salem and report back to the council at its January 27 meeting. MINUTES--Eugene City Council January 20, 1988 Page 7 ~ II. SUMMARY OF 1987 ANNEXATION LEGISLATION City Manager Mike Gleason introduced the item. Susan Brody, Planning Department, and Steve Gordon, L-COG, presented the staff report. Mr. Gordon said the past several years have proven interesting regarding annexation because of land use laws and comprehensive plans. He said annexation is the only way a city can geographically expand other than merging with another city. Land use laws and annexation laws are not compatible. Mr. Gordon said there is also friction in the Legislature over Boundary Commission law. He said the main problem is that cities have good tools for annexing vacant land, and not insufficient ways of annexing developed land. e Another issue being challenged in the Legislature and through the court system is whether there should be a right to vote on every annexation. The triple majority law was challenged but currently remains intact. The Legislature added the double majority method where the majority of the owners and the electors can petition to process the annexation and thereby avoid a vote. There are efforts, however, to challenge the double majority law as well as the island annexation law. Mr. Gordon said most of the annexations approved by the City in the River Road area are being challenged at the State Court of Appeals. He said the appeals are based on arguments that the residents have a proposed city in the area. Mr. Gordon advised the council that the legislators on the House Intergovernmental Affairs Committee and the Senate Elections and Government Operations Committee are important to the interests of the City. He said Glen Otto sits on a legislative interim committee that is considering putting the Portland Boundary Commission under the jurisdiction of the Metropolitan Service Oistrict. He urged the council to work with the League of Oregon Cities and other cities during the next legislative session. He said the City of Eugene continues to be where the majority of the work is done by the Lane County Boundary Commission. Ms. Bascom asked if any part of Item 4 in the staff report applies to Highway 99. Ms. Brody said there is an ambiguous provision in the legislation relating to the assessed value and water and sewer lines. She said the provision has not been interpreted by the state Attorney General's office. Ms. Brody said there has been no intent to annex the affected industrial firms along Highway 99 without their consent. Ms. Bascom asked what is included in the districts cited in the report. Mr. Gordon said the term district refers to agencies such as water districts, rural fire protection districts, and park districts. e Ms. Bascom asked if the City should try to use double and triple majority strategies in its annexation efforts. Ms. Brody said it is inadvisable MINUTES--Eugene City Council January 20, 1988 Page 8 e to use the triple majority issue because of the decision by the Court of Appeals. The City can legally use the double majority method, although she said she has some reservations about it. III. LOCAL VOTER'S PAMPHLET ORDINANCE City Manager Mike Gleason introduced the item. Mr. Holmer presented the report. He said the impetus for a pamphlet came from the two previous elections where staff has been criticized over the explanations describing ballot measures. He said the pamphlet has been suggested as one way to provide additional information to voters and give proponents and opponents of a measure a forum to state their arguments. Mr. Holmer said he, Mr. Rutan, and Mr. Miller have compiled a draft ordinance. He asked that the council review the pamphlet and suggest improvements as needed. In response to a question from Ms. Ehrman, Barb Bellamy, Community Relations Director, said 49,000 of the pamphlets will be mailed to residences. In addition, there will be extra pamphlets distributed to local post offices. Mr. Holmer said it is cheaper to mail the pamphlets by residence than to send them to registered voters only. e Ms. Schue asked about an apparent discrepancy between the number of days listed on page 2, 2.995 and page 3, paragraph 3. Mr. Sercombe said the two time periods should be synonymous. Ms. Bascom asked why only three councilors and not a council majority can overrule the City Manager in determining if a voter pamphlet should be published. Mr. Holmer said that provision is to assure that a significant minority of the councilors can request a pamphlet be published on a particular measure. He said it was felt that a majority of councilors is not needed to do so. Ms. Bascom said publishing a voter's pamphlet is significant enough that it warrants a majority of the council's favor. Ms. Ehrman asked why the council is involved in the process at all. Mr. Miller said the subcommittee is attempting to respect the diversity of views that might exist on the council. He pointed out the ordinance requires a significant minority to get an issue in the voter pamphlet. Ms. Schue said she does not want a precedent set whereby a minority of councilors can control issues before the council. Mayor Obie called for a straw vote on whether a majority or minority of councilors can overrule the City Manager in determining if a voter pamphlet should be published. Mayor Obie broke a 4:4 tie that it require a majority of councilors to overrule the City Manager. e MINUTES--Eugene City Council January 20, 1988 Page 9 e Mayor Obie called for another straw vote to determine whether the council or the Manager should determine if a voter pamphlet is warranted. Ms. Ehrman said she would prefer that the council have that authority because it concerns an election ballot. The council voted 5:3 to change the ordinance so that the council determines if the impact of a ballot measure is substantial enough to warrant the expense of publishing a voter pamphlet. Ms. Wooten said she would like to insure that initiative as well as referred issues are included in the pamphlet process. Mr. Holmer said the ordinance is explicit in the fact that it applies to both processes. Mr. Sercombe recommended that under 2.993 (b) the council retain the City Manager1s publishing and distributing responsibilities. Ms. Wooten asked if consideration was given to including city-wide or special district candidates. Mr. Rutan recommended that the council not include those candidates because of the cost and the fact that such a forum is already provided at the State level. He added it would also be difficult to determine which local candidates to include. Ms. Ehrman asked about the Statels interest in participating in the pamphlet. Mr. Holmer said there is a mechanical problem of distribution because State and county election districts don't always conform with city boundaries. e Ms. Wooten said the voter pamphlet should proceed on a trial basis and the council should reconsider the issue in a few months. Mr. Holmer suggested the council should pass a resolution to reconsider the issue to avoid having to re-enact the ordinance at a later date. Mayor Obie asked if the committee considered funding the pamphlet with outside funds. Mr. Holmer said the committee discussed commercial advertising but decided it would not be appropriate for the pamphlet. Mr. Bennett said he is concerned about making the pamphlet readable for the general public. Mr. Holmer said the material is limited to words and numbers. Mr. Bennett said the pamphlet should be a marketing piece for the City that is fun to read. Ms. Schue noted the State has made an effort to include cartoons and other graphics. She asked if the council should consider that type of approach. Mr. Miller said the first pamphlet should be simple. He said he would not like to see staff invest a great deal of time and money until the council decides to continue the pamphlet. Mayor Obie instructed staff to draft a proposal for a voter pamphlet. e MINUTES--Eugene City Council January 20, 1988 Page 10 e IV. ECONOMIC DEVELOPMENT STRATEGIC PLAN City Manager Mike Gleason introduced the item. Mr. Rutan presented a report. He said since the council's last update a draft strategic plan has been released. Committee members have held over 15 public presentations of the plan to various community and private groups. Mr. Rutan said the Council Committee on Economic Diversification (CCED) has been assembling the vast amount of information gathered at the public meetings and has produced a first version of a revised plan. He said CCED members have had two successful meetings with representatives from the Chamber of Commerce to discuss the revised plan as well as other concerns. He predicted the council and chamber will have improved relations as a result of those meetings. Mr. Rutan said the biggest task facing the committee is refining Chapter 4 which contains CCEDls plan for the future. He said CCED is proceding with the view that the community should build on its existing strengths and opportunities. This includes becoming a regional center for government, finance, education, research, transportation, and distribution. e He said CCED is hoping to present the revised draft to the council February 17 and hold a public hearing February 22. However, he said CCED is committed to doing a good job and will take the time it needs to produce a good quality document. He said the committee ;s trying to achieve a balance between ideas and specifics. Mr. Holmer said the committee is taking its time because it wants to achieve a document that represents a long-range strategy. Mr. Bennett said he hopes the revised draft does not recommend that the City avoid marketing and recruiting. He said he would like the draft to address the duplication of services and recognize the efforts of local businesses in economic development. He said he would also like the revised draft to separate the metropolitan area and the City of Eugene. He said economic efforts will not be successfull unless Eugene has a strong downtown. Mr. Bennett added he would like clarification in the document about the Southern Willamette Industry Council's role in job retention. Ms. Wooten said CCED has addressed concerns over the City's involvement in marketing and recruitment. She said the real issue is the need to subcontract the work versus adding new staff. She said the City will be doing nonindustrial recruiting in conjunction with other agencies. In addition, it will be taking part in marketing the Riverfront Research Project. She said the downtown area is not specifically addressed in the plan. However, she said the committee is open to suggestions regarding that issue. Mr. Bennett said he is interested in the cultural as well as e MINUTES--Eugene City Council January 20, 1988 Page 11 e e e financial development of the downtown area. Regarding job retention, Ms. Wooten said CCED has requested information from the Private Industry Council about its job retention program. However, she said it is more likely the committee will be getting direction and money from the State Economic Development Department. Ms. Bascom said she appreciated comments in the report that addressed the concerns of the partners who felt slighted. Mr. Rutan said the errors made in the draft were editorial and not philosophical omissions. Ms. Bascom said the City does too little to recognize local businesses. She said strengthening that part of the report will help address criticism in this area. She added she agrees with Mr. Bennett in the importance of recognizing the downtown area. The work session was adjourned at 1:26 p.m. to January 25. Respectfully submitted, ;J1t';/ fiv,"? ilL .~ . ~~~~'~e.l Micheal Gleason, City Manager (Recorded by Todd Nissen) MINUTES--Eugene City Council January 20, 1988 Page 12