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HomeMy WebLinkAbout09/14/1988 Meeting e M I NUT E S City Council Work Session McNutt Room--City Hall September 14, 1988 noon COUNCILORS PRESENT: Cynthia Wooten, Ruth Bascom, Freeman Holmer, Emily Schue, Roger Rutan, Rob Bennett, Debra Ehrman, Jeff Miller. Mayor Obie opened the meeting at 12:10 p.m. 1. ITEMS FROM THE COUNCIL A. Willakenzie Refinement Plan Mr. Bennett said he and his constituents are concerned about the Willakenzie Land Use Plan and the Neighborhood Refinement Plan. He said the impact of the plan on Harlow Road should be listed as an issue to be addressed. He said the Gateway project has no freeway access from the south so there would e be a substantial increase in traffic on Harlow Road. Mr. Holmer said those concerns cover his area as well and he would also like to discuss the issue. B. Swenson Brothers Mr. Rutan said that the Swenson Brothers have just opened a new pizzeria in West Eugene and he feels it is a great success. C. Hayward Field Mr. Rutan said the weight room and the practice track at Hayward Field are almost completed. D. Airport Expansion Mr. Rutan invited all councilors to tour the airport and view the major expansion and art work there. E. Historic Preservation Ordinance Mr. Holmer said that instead of supplying the comment that was requested of him on Monday evening, he wrote a two-page memo on the Historic Preservation Ordinance. He summarized by saying that there are some major issues the council needs to discuss. Mayor Obie said he requested that this issue be e MINUTES--City Council Work Session September 14, 1988 Page 1 f put on a process agenda and that Councilor Holmer's memo be distributed to council. e F. Curb Cuts Ms. Ehrman said that she has received some questions about the lack of curb cuts at the new construction on 13th Avenue. Ms. Bascom said that a pamphlet is being printed to explain the choice of only one curb cut, instead of two. The decision is based on traffic volume in the street and whether there is a ut il i ty present. G. Eugene Celebration Ms. Ehrman said she attended the Early Bird Kiwanas meeting and found the members to be supportive of the minimum City expenditure for the Eugene Celebration. H. Shelton-McMurphey House Ms. Ehrman said the dinner at the Shelton-McMurphy House netted $6,000 in one evening. 1. Correctional Facility Ms. Ehrman said there will be a meeting to determine the site for minimum facility correctional beds. She introduced Larry Salmony who said that Linn County has contacted the Governor and requested 200 beds (150 work camp-style e and 50 for alcohol/drug inmates). He said that will leave 50 free beds for Lane County to have, but Linn County may not be able to take all 200 beds, so the fall-back position would be for Linn to take 100 and Lane take 100. Ms. Wooten said she concurs with the Linn County option of 200 beds. Mr. Holmer asked if Benton County would take some beds. Mr. Salmony said that Benton has no interest in the beds because they account for only one percent of the total prison population. Mr. Rutan said it is important to know what the county needs and what social service capabilities are available. He asked Mr. Salmony if the State is seeking restitution. Mr. Salmony said that the debate is currently on the differences in short-term and long-term treatment. Responding to Ms. Schue's query, Mr. Salmony said that work camps receive 24-hour supervision of inmates, while restitution means that inmates are supervised only at night. Mr. Salmony said that the State views this as a regional issue. Ms. Ehrman said that the decision is up to the Governor to issue the certification of need and the City needs a fall-back plan in case he does not. Ms. Ehrman moved, seconded by Ms. Bascom, to approve Plan A as supporting Linn County1s request for 200 beds and the remain- ing 50 to Lane County and to approve alternate Plan B if necessary that would have 150 beds go to Linn County and 100 (50 work camp and 50 restitution) to Lane County. The motion carried unanimously, 8:0. e MINUTES--City Council Work Session September 14, 1988 Page 2 J. Field Burning e Ms. Schue said the Air Pollution Committee met with DEQ field burning repre- sentatives to discuss ideal ways of solving the field burning question. K. Seat Belt Legislation Ms. Bascom said the Legislative Committee may wish to address the seat belt legislation. L. Trees Ms. Bascom said 6th and 7th avenues have more trees surviving this year than the last two years. M. Commemorations Ms. Bascom said the Eugene Skinner Birthday Celebration will be held in the cemetery on September 18, and the Maurie Jacobs Memorial Park from North Adams to Greenway Bridge is proceeding. N. Cultural Affairs Commission Mayor Obie said he will interview three people for the Cultural Affairs Commission. e O. Aubrey Meadowview Responding to the Mayor's question, City Manager Mike Gleason said the Springfield City Council has not yet voted on the Aubrey Meadowview issue because they are currently focusing on the plan amendment language and will hold a public hearing to work out all the details. Ms. Wooten said she appreciates helping Springfield but does not feel Eugene staff should try to accommodate it. P. Permit Process Mayor Obie said that there continue to be permit problems. Mr. Bennett asked if there is a set process to follow. Mr. Gleason said that a work session on permit process is scheduled on October 26. II. RECOMMENDATIONS FROM COUNCIL COMMITTEE ON COMMITTEES Cathy Freedman said that September is Citizen Participation month and the deadline for applications to committees and boards is October 7. She said the Council Committee on Committees included Mayor Obie and Councilors Bascom and Holmer. She said that if the full council approves the committee's recommendations, four ordinances will be necessary: 1) to no longer appoint a citizen to the Community Schools Coordinating Council, 2) to have a Lane County Commissioner appointed to the Youth Commission, 3) to increase the e MINUTES--City Council Work Session September 14, 1988 Page 3 Eugene Celebration Steering Committee to 21 members, and 4) to add a lay e member to the Emergency Services Board. Ms. Wooten said she has some concerns about the first recommendation. A 1- though the council is no longer contributing to the Community Schools Pro- gram, it may still be wise to continue to appoint a representative. Mr. Holmer said that Community Schools is a 4J activity and it should appoint its own members. Ms. Schue said that the City Manager's Office still coordinates with 4J and has staff contact with the coordinating council. Ms. Wooten said the Community Schools Program is important and if 4J is willing, it would be appropriate to at least maintain the spirit of commitment. Mr. Mill er sug- gested asking 4J if it wants the City to make an appointment even though there is no funding. Ms. Wooten moved, seconded by Ms. Ehrman, to have the City continue to appoint a member to the Community Schools Coordi- nat i ng Council. The motion failed 3:5, with Ms. Wooten, Ms. Ehrman, and Ms. Schue voting in favor; and Ms. Bascom, Mr. Bennett, Mr. Holmer, Mr. Miller, and Mr. Rutan voting nay. Ms. Ehrman asked if the Youth Commission must have a Lane County Commissioner as a member. Ms. Wooten said it was originally an elected official who was rotated in, not a commissioner. Ms. Bascom said the reason for this recom- mendation was that the money comes from the County and Lane County Commis- sioner John Ball has been serving effectively on the board for a long time. The council agreed that the member should be designated as "an elected offi- ci a 1 . II e Ms. Wooten asked about the rationale for expanding the eligibility of Eugene Celebration Steering Committee members to those outside the city limits. Mayor Obie said that many people are involved in the City and the Celebration activities but have no status on the committee because of where they live. Mr. Bennett said he supported the concept but felt that 30 miles may be too far. Ms. Wooten said she was offended by the suggestion that family status be added to the application questionnaire. She said this should have no bearing on whether a person is qualified. Mayor Obie said the intent was to get a cross section of people; the intent was not discriminatory. Ms. Ehrman said that she was not offended but felt that marital status was not a necessary question. Ms. Bascom observed that the question is marked as optional. Ms. Wooten said that a councilor with non-voting status should be appointed to the Downtown Commission and the Riverfront Commission. Ms. Schue added the Cultural Affairs Commission to the list. Mr. Holmer suggested that the council examine each of these individually a later date. Ms. Schue said that the City may want to appoint people to boards and commissions who are major property owners or involved in the City but not official residents. Ms. Wooten moved, seconded by Ms. Bascom, to approve the recommendations of the Council Committee on Committees as amended. The motion carried unanimously. e MINUTES--City Council Work Session September 14, 1988 Page 4 e III . ORDINANCE CONCERNING PROPERTY FORFEITURE FOR CONTROLLED SUBSTANCE OFFENSES Public Safety Lieutenant Vic Mann made a flip chart presentation on the ordinance concerning property forfeiture for controlled substance offenses. He said the purpose of the ordinance is to remove profits from drug activity and to convert criminal assets into government resources. Lieutenant Mann said currently the department uses a Federal "adoption" forfeiture proceeding whereby seized assets are turned over to the Federal agency. He said there is currently an administrative proceeding, and the burden of proof lies with the defendant. He said the Federal government takes ten percent of what is seized. Lieutenant Mann said that Oregon state law on conveyances is processed through the District Attorney's Office which has a policy of not proceeding with forfeiture until the criminal trail is completed. The burden of proof is on the State. Forfeiture is also possible in criminal enterprise cases under the State "RICOII statute. Lieutenant Mann said there is some controversy about the ordinance, such as whether it is constitutional. He said that funds seized by a State official must go to the Common School Funds. The American Civil Liberties Union states that police officers are State officials. There are a number of cases pending, such as the Linn County Ordinance, in the State Court of Appeals that could affect the proposed ordinance. The type of conduct covered by the e ordinance is unlawful possession of a controlled substance, theft activity, and criminal conspiracy. Attempts were not included in the original draft because they usually involve entrapment issues. However, the department would like "attemptsll in the ordinance. Lieutenant Mann said that less than one ounce of marijuana is excluded. He said the burden of proof is at a civil, not a criminal, proceeding level and the City has the burden of proof. He added that unknowing or non-consenting parties have a defense. When real property is the subject of forfeiture, the City must prove its case "beyond a reasonable doubt" (the criminal law stan- dard) . Lieutenant Mann said that those with liens on vehicles receive notice and proceeds go to the General Fund. The council decides in the budget process how the funds should be used. Lieutenant Mann said the purpose of a local ordinance is to avoid loopholes in State and County laws. He said the coun- cil may wish to wait until the State cases are decided. Mr. Gleason said he recommends acting on the ordinance and then changing it if it is later judged unconstitutional. Ms. Ehrman asked if a City ordinance would take away from the County.s shares. Lieutenant Mann said that the County ordinance has not been adopted within the city limits; therefore the City does not currently use the County ordinance. Mr. Rutan asked if the City should adopt the County ordinance. Lieutenant Mann replied that the proceeds would then go to the County. Mr. Miller said he supports having a public hearing before adopting a City ordinance. e MINUTES--City Council Work Session September 14, 1988 Page 5 e Mr. Bennett moved, seconded by Mr. Miller, to adopt the City ordinance concerning property forfeiture for controlled sub- stance offenses. Mr. Rutan said it would be dutiful and fair to hold a public hearing first. Ms. Ehrman said she would like some input from the County. Mr. Miller said he favors the ordinance but feels it is prudent to go through the public hearing process first. Mr. Bennett said the ordinance is well-thought-out and is clearly needed. He said previously aired arguments will be aired again at the public hearing. Mr. Holmer agreed. Ms. Schue said she supports the ordinance but feels uncomfortable without a public hearing. Ms. Bascom asked if there is an advantage to waiting for the State ruling. Mr. Martin said that it seems appropriate to proceed because any outcome will surely be appealed. Mr. Miller said the public hearing should be held on September 26. Mr. Miller moved, seconded by Ms. Schue, to postpone the vote until after the public hearing on September 26. The motion carried 6:2, with Mr. Bennett and Mr. Holmer opposed. The meeting was adjourned at 1:40 p.m. , - Respectfully'submitted, - . ;;;r;,~ "b /,.~ /f.,!" .. '.. - , . ~,"",,)i' .., ...... ~.4.....'",., e ...... OJ!' ~...." Micheal D. Gleason City Manager recorded by Johnny Makosky mncc 091488 e MINUTES--City Council Work Session September 14, 1988 Page 6