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HomeMy WebLinkAbout03/01/1989 Meeting e e e M I NUT E S Eugene City Council McNutt Room--City Hall March 1, 1989 11:30 a.m. COUNCILORS PRESENT: Ruth Bascom, Roger Rutan, Rob Bennett, Shawn Boles, Debra Ehrman, Bobby Green, Freeman Holmer, Emily Schue. The adjourned meeting of February 27, 1989, of the Eugene City Council was called to order by His Honor Mayor Jeff Miller. I. ITEMS FROM THE MAYOR, CITY COUNCIL, AND CITY MANAGER A. Invitation to Reception for New Chancellor Mr. Rutan noted that councilors had received invitations to a reception for the new Chancellor of Higher Education and to the Convention Bureau. He said he feels it is important that a councilor represent the City at these events. B. Neighborhood Request Regarding Boundary Changes Mr. Rutan referred to a memo from Christine Donahue representing the neigh- borhood groups regarding boundary changes and consolidation. He asked if councilors wanted to discuss this issue. Mr. Boles said he was hoping that this discussion could wait until councilors receive the council goals working document. He asked City Manager Mike Gleason if a work session to address boundaries and alternatives to neighborhood newsletters might be appropriate. Barb Bellamy, Community Relations Director, suggested that this issue could either be addressed as part of a larger goal or in a separate work session. Councilors agreed to consider this item at a separate work session. C. Legislative Committee Agenda/Trip to Washington, DC Ms. Schue noted that the Legislative Committee met early this morning. She reported that the package for the trip to Washington, DC, is being arranged by staff. The finished agenda will be available on Wednesday, March 8. She asked that councilors contact Jody Miller within the next few days with any suggestions or comments. D. Portland Ordinance Regarding Vehicle Forfeiture for DUll Conviction Mr. Boles said he had requested a copy of the City of Portland's ordinance for vehicle forfeiture upon conviction for driving under the influence of intoxicants. MINUTES--Eugene City Council March 1, 1989 Page 1 e E. Memorandum Regarding Alternatives to Nuclear Free Zone Mr. Boles said that councilors would be receiving a memorandum from Councilor Green and him regarding alternatives to a nuclear free zone for Eugene. F. Infrastructure Committee Mr. Boles said he feels that the Infrastructure Committee needs to begin meeting soon. G. Emergency Shelter Support level Mr. Boles commented that during a recent tour, members of the Social Goals Committee had found the level of support available at emergency shelters in the city distressing. H. Clarification Regarding Urban Renewal Plan District Expansion Mr. Boles wished to clarify the action item from February 15 regarding urban renewal plan update district expansion. He said that while councilors had asked staff to prepare a proposal regarding expansion of the urban renewal area for council consideration in April, he felt that council had not commit- ted itself to expansion. e I. Citizens' Meeting On Gang-Related Activity in Eugene Mr. Green reported that he had attended a citizens' meeting on February 23 regarding community action to address gang-related activity in the city. He described the meeting as intense and informative. Eugene police officers had also attended the meeting to answer questions and offer suggestions. Mr. Green said that citizens had left that meeting with the impression that the Public Safety Department is taking the issue seriously. Mr. Boles com- mented that he feels it is important to pay close attention to the rate of growth of the problem. Mr. Miller noted that staff agrees. J. City Response to Basic Needs of City Residents Mr. Green said that he had recently seen a man on Coburg Road holding up a sign which read "I will work for food.1I He felt this reflects a larger problem that the City needs to address seriously. K. Invitation to Event Recognizing Trio Organization Mr. Green noted that he had attended an event recognizing the contributions of the Trio organization to the University of Oregon Upward Bound program. The Upward Bound program director had asked Mr. Green to express his appreci- ation to the City Council. Mr. Green said he hopes that other councilors will attend such events in the future. e MINUTES--Eugene City Council March 1, 1989 Page 2 e L. Recommendations of Downtown Development District Review Group Mr. Holmer explained that the Downtown Development District Review Group has made some recommendations on parking that are now being considered by the Downtown Commission. He noted that the group had considered a joint public hearing between the City Council and the Downtown Commission to consider the proposal so that only one hearing is necessary. Downtown commissioners had suggested that, if the City Council is willing, it be a joint hearing of the Downtown Commission and the Downtown Development Review Group. He asked councilors for their comments on this suggestion. Mr. Rutan said he preferred to consolidate the hearings. with Mr. Rutan, but said she felt that the full council issue. Mr. Miller suggested that it be considered at a hearing. Mr. Holmer noted that the Planning Commission well, with Mr. Miller presiding. Ms. Schue agreed needs to hear this full council public should be there as M. Proposed Design Guidelines for Downtown e Mr. Holmer expressed his concern with design guidelines that were considered by the Downtown Commission at its February 28 meeting, noting that these guidelines are intended to provide a design framework to assist potential developers of publicly owned sites in developing projects which will enhance the quality of Eugene's downtown. He questioned the intended meaning of several guidelines and was particularly concerned with passages referring to shadow patterns, window and glare impacts, and minimizing removal of healthy, mature landscaping. He said he was uncomfortable with the regulatory capa- bility implied by these guidelines which have been developed by staff without the council's involvement. Councilors discussed the issue. Ms. Ehrman suggested that a councilor sit on the Downtown Commission. Mr. Boles asked that the council consider this at a work session addressing council goals. N. Public Comment Regarding Skateboard Ordinance Mr. Holmer said he had received a phone call from a person who felt that the skateboarding ordinance had not gone far enough in addressing the community.s demand. O. Proposed Installation of Lift at Shelton-McMurphey House Ms. Ehrman pointed out that Lane County commissioners today approved $26,000 to be spent on improvements to the Shelton-McMurphey House. She noted that council had promised to pay for installment of a lift costing about $15,000, conditional upon the County's contribution of funds. Based upon this action by the County, Ms. Bascom asked that the City proceed with its plans to install a lift, which should allow the house to open for business. Respond- ing to Mr. Holmer's question, Ms. Ehrman said that installation of a lift would bring the house into full compliance with City Code. Mr. Gleason noted that some persons with disabilities who have expressed a preference for a e MINUTES--Eugene City Council March 1, 1989 Page 3 e ramp may have objections to installation of a lift at the house. He also pointed out that councilors had tentatively agreed that this money should come from contingency funds which are processed through a supplemental budget. Councilors gave Mr. Gleason authority to proceed with plans to install a lift at the Shelton-McMurphey House. They also discussed the issue of a lift versus a ramp for access, noting that members of the Commission on the Rights of People With Disabilities had expressed a preference for a ramp while the Steering Committee for the Restoration of the Shelton-McMurphey House had recommended a lift. P. Complaints of Excessive Noise, Disorderly Conduct in City Parks Ms. Bascom referred to complaints she has received regarding excessive noise and drinking that have occurred in City parks, specifically the rhododendron gardens at Hendricks Park. She suggested that councilors consult with staff regarding programming that may address these problems. Mr. Holmer suggested that park users be notified that firm enforcement action will be taken if these problems continue. Q. Proposed City Celebration to Honor Paul Olum Ms. Bascom noted that plans are being made now for a City celebration, perhaps in the form of a banquet in late Mayor June, in honor of University ~ of Oregon President Paul Olum's retirement. R. Human Rights Task Force Membership Mr. Miller noted that councilors had received a memorandum from him regarding membership of the proposed Human Rights Task Force. This task force has been charged with investigating a restructuring of the City's human rights pro- gram. S. Additional Traffic Safety Officers Mr. Miller referred to his memo to councilors discussing the three additional traffic officers he proposes to add to the Department of Public Safety. He asked councilors for their comments on this issue. Ms. Schue said that she'd like councilors to discuss this issue. She said that discussion at a South Hills Neighborhood meeting she had attended the previous evening had addressed this subject. People present at this meeting had expressed concern that this action is a narrow focus on a broad problem. She suggested that councilors need more information before specific action is taken, specifically regarding additional costs such as additional time re- quired for traffic court judges and prosecutors that may not have been con- sidered in the original proposal. e MINUTES--Eugene City Council March 1, 1989 Page 4 e Other councilors expressed their preference that the hiring of the three traffic officers proceed as planned. Mr. Miller noted that traffic-related problems are a concern for officers and for the City.s Public Safety Advisory Committee. He said he sees this as a minimum stage as the City begins a process of addressing law enforcement concerns in the community. Mr. Holmer suggested commit themselves to traffic enforcement. issue. that the councilors proceed with this action but also a broader view which considers law enforcement and Ms. Bascom also supported immediate action on this Mr. Boles suggested that councilors proceed with this proposal and direct staff to prepare a memorandum which addresses composite cost associated with intensified enforcement of traffic regulations. Ms. Schue added that she'd like to see statistics which relate enforcement levels to accident frequen- cies. Mr. Gleason felt it might be instructive for councilors to have a half-hour work session with City traffic enforcement and engineering staff to answer related questions. Mr. Miller noted that a certain amount of lead time is necessary to hire additional traffic officers. e Ms. Bascom moved, seconded by Mr. Rutan, that City staff be directed to proceed with hiring three additional police offi- cers to handle traffic enforcement and that a half-hour work session be scheduled with City traffic-related staff to dis- cuss the proposal. Roll call vote; motion passed 7:1, with Councilors Bascom, Rutan, Bennett, Boles, Ehrman, Green, and Holmer supporting the motion and Councilor Schue opposing it. Ms. Schue said that she was not necessarily opposed to the idea, but she preferred to have additional information before making a decision. T. Work Plan for Committee on Committees Mr. Boles asked if staff intended to draft a work plan for the council's Committee on Committees. Mr. Miller said he expected this committee to meet soon. Mr. Gleason added that he expected this to occur in two steps: 1) preparation of a draft for committee review, followed by a draft statement of goals and targets to go to councilors; and 2) development, consideration, and adoption of a work plan by councilors. Mr. Boles expressed his concern about the number of work sessions tentatively planned for councilors. II. RECOMMENDATIONS FROM LINCOLN SCHOOL ADVISORY COMMITTEE REGARDING RFP Mr. Gleason introduced Jan Bohman of the Eugene Development Department, who briefly reviewed the history of this issue for councilors. She noted that councilors had directed staff to work with an advisory committee in develop- ing a Request for Proposals (RFP) for the former Lincoln School that maximiz- es public and non-profit-oriented uses and minimizes the City's financial e MINUTES--Eugene City Council March 1, 1989 Page 5 e involvement. The committee met five times between December 1 and held its final meeting on February 16, she said. Ms. Bohman summarized the RFP, highlighting important features and details. Regarding the Project Goals section, Ms. Bohman pointed out that because Federal funds were used to purchase the building, the City is obligated to emphasize historic rehabilitation in evaluating proposals. She also noted that committee members had placed particular emphasis on community access in their discussion of possible uses for the building. Regarding Section VI, Selection Process, Ms. Bohman said that the committee had recommended that: 1) there be a selection committee composed at least partially of community representatives and staff; 2) advisory group members be given an opportunity to participate as members of that selection commit- tee; and 3) in the selection process, special emphasis be given to proposals which meet community goals. Ms. Bohman noted that the schedule being proposed reflects the nine-month time line suggested by councilors. She noted that some committee members had expressed concern that a time line this long might discourage some develop- ers, while other members had felt that nine months was a reasonable amount of time if interested groups and individuals without prior experience in project development are to have time to create feasible proposals. She also noted that staff is concerned with the continuing deterioration of the building while the RFP process occurs. e She expressed committee members' appreciation to the council for being invit- ed to participate in the development of the RFP. She also noted that she has reserved time on the council's March 6 agenda for action on this item if councilors wish more time to consider it. Responding to Mr. Rutan's questions, Ms. Bohman reviewed the committee's original charge and said that committee members had not considered the possi- bility that the building would not be restored or renovated as an option. She said it appeared to committee members that council was committed to looking at possibilities for redevelopment. Responding to Ms. Ehrman's question concerning whether a precedent exists for having a joint committee involved in the selection process, Ms. Bohman said that this had occurred in redevelopment of the Ax Billy building. Mr. Holmer commented that he felt the composition of the selection committee needs to be more specifically defined, though he felt this should not delay the RFP process. Further, he asked for clarification on which committee--the advisory committee or the selection committee--wi11 be interviewing the three finalists. Ms. Bohman replied that she felt the advisory committee had intended this to be done by the selection committee. Mr. Holmer said he felt that the interview process could be done with the advisory committee. Ms. Bohman noted that not all committee members had expressed interest in being involved in the selection process. e MINUTES--Eugene City Council March 1, 1989 Page 6 e e e Ms. Bascom expressed her concern with the implication that the City will be involved in weighting proposals, noting that she felt that the council.s original intent had been to avoid involvement in the redevelopment process. She felt that such an evaluation process would involve a lengthy selection process. Mr. Bennett expressed his appreciation for committee members' work. He noted his concerns with the extended time frame for RFP distribution and selection, with minimizing the City's costs, with the continuing deterioration of the building, and with reported trespassing within the building. He said he would prefer that an initial review occur within 60 to 90 days. He stated his opinion that several additional months would not be sufficient for inexperi- enced developers to acquire expertise to manage a development of this magni- tude. He also felt that RFP review should be done by councilor by a commit- tee of the council. He felt that strong development proposals with merit usually require quick responses. He suggested that if no proposals are received within a relatively short period of time, council should reconsider the issue. Mr. Boles shared Mr. Bennett's concern with the extended time frame and expressed his preference for a shortened time frame. He said he had spoken with several architects who have worked with community groups on proposals such as this. They had suggested that four months is a reasonable period of time. He added that the process might be shortened further if council were to make the selection. Mr. Rutan said that he had initially supported the City's investment in Lincoln School because he had thought the City was acquiring park space. He said he had understood that feasibility of development would be considered by the advisory committee. He stated his concern that the process is costing more money and taking more time than he had originally envisioned. He sug- gested that councilors need to carefully consider spending priorities before allocating any more resources to Lincoln School. He recommended that the RFP specifically state that: 1) the City will have no financial involvement in redevelopment of the building; and 2) that the RFP will be distributed for a period of 120 days, followed by City Council review within two weeks of the end of this period. Ms. Bascom shared other councilors. concern with added expense and also supported a condensed time line of 60 to 90 days for the RFP process. She also wanted to know if there might be a way to have public involvement in a council review of proposals, and she requested clarification on the issue of selection. Ms. Ehrman said she felt selection should be a council decision since coun- cilors have been making decisions on this issue all along. She also support- ed a shortened time frame for the selection process. She affirmed Develop- ment Department staff's responsible handling of the RFP development process. Mr. Gleason commended the committee's work in developing the RFP. He expressed his opinion that if the council decides it wants the building MINUTES--Eugene City Council March 1, 1989 Page 7 e developed with some type of housing, a slim, clean process is necessary so that the project can go through the RFP process and proceed efficiently. He noted that developers incur considerable risk and expenses and would probably not be willing to proceed, given a long time frame with many review stages. Mr. Gleason said he knew of one, and possibly two, significant proposals in the works. He noted that if no feasible proposals are received, the RFP process must be repeated. He reminded councilors that this had been the case with the Ax Billy building, which had gone through three RFPs before a pro- posal was received. He agreed that a condensed process makes it difficult for a community-based group to develop unique and innovative proposals that make use of Federal grants. He suggested that councilors need to decide between a traditional development, such as housing, and a more innovative but time-consuming project, as he felt that the two are mutually exclusive. He felt that trying to incorporate both potential development directions within the Lincoln School building endangers the building. He expressed his feeling that a community-based redevelopment of Lincoln School would be relatively expensive and take two to three years. Mr. Boles stated his opinion that one reason why proposals have not been received from community-based groups in the public and private sectors is because the RFP has not been released. He felt that a condensed time frame would ~till allow competent community groups an opportunity to compete. He said he hoped that more than one proposal is submitted and that he wanted the council to participate in the final internal selection between proposals. He said he was not comfortable with the final decision being left entirely to staff. He felt that the larger issue is the public use of public space. e Ms. Bascom moved, seconded by Mr. Rutan, that staff be author- ized to distribute the RFP on March 15, 1989, that the dead- line for submission of proposals be June 15, 1989, and that the City Council be the body that reviews the proposals and makes the selection. Mr. Bennett said he felt that 90 days is sufficient, since he felt it unlike- ly that any individual or group would be starting from scratch on this pro- posal, given the length of time it has been discussed. He agreed with the provision that council review proposals. He reminded councilors that the original reason for the City's commitment to Lincoln School had been to save the building. He said he supports inclusion of language in the RFP which precludes City involvement. He said that he wanted to see a child care facility in the Lincoln School building, and could possibly support City involvement in such a program. Mr. Rutan moved to amend Ms. Bascom's motion so that the RFP states that there are no current City funds budgeted for development or operation of this facility and that any propos- al that would include participation by the City would necessi- tate City Council action and reallocation of resources. Mr. Boles seconded the amendment. e MINUTES--Eugene City Council March 1, 1989 Page 8 ~ Ms. Schue wished to note that to the extent that Community Development Block Grant funds are involved, reallocation of resources would not be necessary. The amendment passed unanimously, 8:0. The motion to authorize staff to distribute the RFP for a period of 90 days, from March 15 to June 15, 1989, with City Council review of proposals, passed unanimously, 8:0. III. TARGETED BUSINESS ASSISTANCE PROGRAM Mr. Gleason introduced the issue, noting that a recent Supreme Court decision regarding this issue has raised a Constitutional problem. He referred the issue to Bill Gary of the City Attorney's Office. Mr. Gary noted that on January 25, 1989, the Supreme Court decided in City of Richmond vs. Croson that a City of Richmond minority set-aside program on public work contracts was unconstitutional because it violated the Equal Protection Clause of the 14th Amendment. He pointed out that the Richmond program included IIbenevolent" racial categories, as does the program that council was to consider. Mr. Gary explained that the Supreme Court had ruled that for a city to adopt a program that is specific in identifying particular protected categories, tit such as ethnic groups, three conditions must be satisfied: 1. The city must make specific findings supported by persuasive evidence that a court would verify that demonstrate past discrimi- nation against the specific racial classifications involved and that would also show that the City has in some way exacerbated the discrimination or been a passive participant in the discrimina- tion. (Mr. Gary stressed that this finding must be very specific against a particular protected group.) 2. The city must develop a program that is flexible enough to permit non-minority participation under some circumstances, so that other applicants may compete if there are no qualified applicants who meet the criterion of the protected group. 3. The city must narrowly target the program to address the specific discrimination that has been found. Mr. Gary said that it is the City Attorney.s opinion that the City of Eu- gene's proposal to create sub-categories within the set-aside program creates an insurmountable obstacle in terms of a lack of flexibility required by the Supreme Court. Mr. Gary also noted that the current set-aside program has no findings and, because no findings exist, no court could conclude that the City has narrowly targeted its program on groups that have been discriminated against. e MINUTES--Eugene City Council March 1, 1989 Page 9 e Mr. Gary said he felt it to meet its objectives. staff develop a racially inadequate participation is possible that the City could recast the program He said the City Attorney's Office recommends that neutral program that addresses identified causes of by certain categories of contractors. Mr. Gary noted that the City Attorney's Office had contacted the US Depart- ment of Housing and Urban Development (HUD) which now claims that HUD regula- tions do not permit set-aside programs for HUD funds, due to the presence of a non-discrimination provision in the department's regulations. Mr. Miller said that he recommended that this proposal be returned to the Community Development Committee (eOC) for reconsideration and revision. Mr. Gleason voiced his concern that if the proposal returns to the COC, findings need to be very carefully written to avoid possible lawsuits. Referring to CCED minutes, Mr. Rutan pointed out that this program has re- ceived mixed reviews and deserves a chance to succeed. Given this, he said he wanted to be sure that the City does not spend $100,000 to maintain a $50,000-$100,000 program. He said he wanted to ensure a measured response to this problem. e Mr. Boles said he expected that the City Council must have written its loan agreement to include a hold harmless clause, in which case there would be no risk of lawsuits. Second, he asked if there was a quick way to develop findings. He noted that the original reason for development of the Targeted Business Assistance program had been because the loan pattern from available funds indicated that targeted groups were not competing successfully. He felt that this should provide a quick and narrow base for findings. He expressed his preference that the council not be significantly involved in legal aspects of this issue. He felt it should be possible to meet the community's expectations for the COBG program at $150,000 without having to go through a lengthy legal process. He added that he feels women should be included in the pool of targeted groups as well. Ms. Bascom commented that she is concerned with the City's involvement in development of findings and with potentially huge legal bills. Mr. Gary responded that he did not feel this to be a complicated legal prob- lem. He did not anticipate that his office would be involved substantially in development of findings. He recommended that the City develop a program which does not require that staff make the findings. He felt this might be possible as long as the council is not locked into classifications based upon race or ethnic origin or some other protected class. He said the City could attain its objective by directing staff to proceed in the least expensive, most efficient way without having to develop findings at all. Mr. Bennett said he agreed with Mr. Boles and wanted to be able to support a targeted business assistance program. He said he hopes it can be done legal- ly in such a way, even if findings are required, that it can be completed in a reasonable period of time. He said that his approach is to treat this e MINUTES--Eugene City Council March 1, 1989 Page 10 e program as an Affirmative Action grant program. He said that under any definition of the Targeted Business Assistance Program, the City takes a significant risk and cuts back on otherwise required review stages. Mr. Gleason responded that he does not feel that the City gives out high-risk loans. Rather, he said he sees this as very similar to the relationship between business loans and housing rehabilitation, in which the size of the loan and the parties involved are such that a bank could not return a profit. The City handles administration of such loans and has adequate resources to back up the loans, he said. Ms. Schue asked if it would be possible to create a program which addresses the groups the City would like to target without findings by offering a certain amount of money to people who do not qualify under other loan pro- grams or business assistance. She suggested that it might be possible to avoid all references to race or disability. She asked staff to respond. Mr. Gleason responded that such an approach would result primarily in appli- cations from businesses run by women. Eugene Development Department Director Abe Farkas suggested that applicants would be overwhelmingly Caucasian, given that the composition of the community is 95 percent white. e Mr. Rutan recommended that staff consult with Mr. Gary, redesign the Targeted Business Assistance Program so that it addresses the constitutional issue, and bring it back to the committee for further review. Mr. Bennett said he would find it very difficult to support a program if it did not target spe- cific groups. He questioned the value of establishing a program if some type of targeting does not result from it. Mr. Gleason said he felt that HUD presents the major obstacle to any program the City might propose. Mr. Miller suggested that staff explore the legal parameters and develop a program that encourages minority participation. Mr. Boles expressed his agreement with Mr. Bennett's position and requested that staff and legal counsel develop, as quickly as possible, an approach that meets Federal standards and council goals. Ms. Bascom suggested that councilors wait on designating the amount of money allocated to the program until it takes more definite form. The meeting was adjourned at 1:15 p.m. Respectfully sUb~tted, ?,,~/:::?:,'~!~~~'rff? ~:;:?~~- City Manager (Recorded by Jim Wright) e MINUTES--Eugene City Council March 1, 1989 Page 11