HomeMy WebLinkAbout04/10/1989 Meeting (2)
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M I NUT E S
Eugene City Council
Council Chamber--City Hall
April 10, 1989
7:30 p.m.
COUNCILORS PRESENT: Ruth Bascom, Robert Bennett, Shawn Boles, Debra Ehrman,
Bobby Green, Freeman Holmer, Roger Rutan, Emily Schue.
The regular meeting of the Eugene City Council was called to order by His
Honor Mayor Jeff Miller.
Mayor Miller requested amendment of the agenda, moving item X. regarding the
minutes of the Legislative Committee to follow the Public Forum item, and
inserting item IX. regarding Hickory Avenue improvements following item IV.
Councilors agreed to the adjustment.
I. AWARD OF EXCELLENCE FOR LOCAL BASKETBALL TEAMS
Mayor Miller recognized the achievement of the North Eugene High School girls
basketball team for winning the State AAA Girls Basketball Tournament;
Northwest Christian College men's basketball team for winning the National
Bible College Athletic Association National Tournament; and the University of
Oregon women's basketball team for winning the National Women's Invitational
Tournament. Mayor Miller introduced the teams' coaches, Roy Bass, Jeff
Rodenburg, and Elwin Heiny, who introduced team members. Thanking the teams
for their contributions, Mayor Miller expressed hope that future
accomplishments of local teams would receive more recognition by the local
newspaper.
II. PUBLIC FORUM
Mayor Miller welcomed those attending the meeting and said the council has a
mandatory adjournment time of 10:30 p.m., unless extended by majority vote of
the council. Mayor Miller said the public forum is an opportunity for people
to express opinions and provide information to the council about issues that
are not scheduled for council consideration. Due to the length of the
evening's agenda, Mayor Miller asked those speaking to limit their comments
to one minute. He said the council will not respond immediately to the
concerns expressed in the public forum.
Dane Parrish, 2534 Emerald Street, identified himself as a dog owner and law-
abiding citizen. Mr. Parrish commented on the difficulty of providing
exercise for his dog and of taking his dog to the store with him under
MINUTES--Eugene City Council
April 10, 1989
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proVlslons of the current ordinance which requires that a dog be leashed and
the leash in-hand whenever the dog is taken off the owner's property. He
requested that dog control be reconsidered.
Thorn Alberti, 830 West 18th Avenue, referred to current concern within the
scientific community that Oregon is due for a significant earthquake and
requested that regulations for new buildings in Eugene include adherence to
earthquake codes.
David Oaks, PO Box 11284, described a statement attributed to Mayor Miller
following the election on the library location as an insult to the voters.
Robert Wolfe, 505 West 25th Avenue, commented that voting is a privilege and
a duty, and he urged the council to respect and adhere to the decisions made
by a majority of the voters.
Eva Edelman, 2979 West 15th Avenue, spoke about the principles of democracy
and requested council responsiveness and accountability to the voters.
Randy Prince, PO Box 927, requested council review of transportation
priorities and attention to the use of non-renewable resources.
David Zupan, 972 West 4th Avenue, addressed the council on the issue of
accountability and said elections are many citizens' only means of
communication with the council. He urged councilors to take positions that
reflect their beliefs.
~ S. Kelly Isgris, 2258 Agate Street, identified herself as owner of a market
at 24th Avenue and Agate Street. Ms. Isgris reported that her customers had
received citations for tying their dogs outside her store while they shopped.
She said there had been no bite or injury incidents prompting these citations
and she considered this method of animal control damaging to her business.
Ms. Isgris proposed further study of the issue and suggested that an area
could be designated for dog tie-up. She presented a petition which she said
had been signed by over 200 customers and which requested amendment of the
ordinance.
Bayard McConnaughey, 1653 Fairmount Boulevard, spoke about zoning
restrictions and said it is best to begin with the strictest possible
regulations rather than attempting to strengthen inadequate rules once they
have been implemented.
Paul Nicholson, 1855 East 28th Avenue, described the recent vote on the
library as an informed electorate's strong statement against the City
administration, library staff, and the media. Mr. Nicholson proposed paying
off the debts owed by the tax increment district, eliminating that district,
and submitting a direct levy for a library to the voters. He said the voters
should determine the location and type of library to be built.
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4It III. LEGISLATIVE COMMITTEE MINUTES OF MARCH 1 AND MARCH 27, 1989
City Manager Mike Gleason introduced the item. Councilor Schue requested
amendment of the motion as written to state that approval is being given to
lithe concepts as expressed in the minutes of the Legislative Committee," and
not to the minutes themselves.
Ms. Schue described the boundary commission as a State agency whose members
are appointed by the Governor and which is staffed by the Lane Council of
Governments and funded locally. Ms. Schue stated that the City has supported
the boundary commission because it serves as a neutral third party in
situations such as that involving the proposed incorporation of the River
Road/Santa Clara area, it supervises noncontiguous annexations, it prevents
the creation of special districts without a review, and it is the only agency
supervising the extension of extra-territorial services. Ms. Schue
considered the boundary commission effective in handling the problems
associated with a large urban area with a State-certified ground water
problem and which needs urban services.
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Ms. Schue introduced Representative Larry Campbell who represents the 43rd
District and resides in Eugene at 2435 Wilson Drive. Reporting that 59
members of the Legislature co-sponsored Senate Bill 100, Representative
Campbell asked the council to reconsider its continued support of the
boundary commission in light of present land use plans. He expressed
disappointment that the City had testified in opposition to HB 3413 without
conferring with him to address concerns with the proposed legislation.
Representative Campbell explained that his opposition to the continued
existence of the boundary commission was a result of his belief that property
tax payers are supporting a level of service that provides them little
benefit. He maintained that County services are available at a lower cost
and he encouraged the council to seek innovative and cost-efficient changes
in the way services are provided. Representative Campbell cited the example
of Marion County which successfully combined the duties of its boundary
commission with City of Salem staff functions, and he referred to a recent
174-acre annexation as evidence of that success. He said many of the most
difficult problems facing the Salem/Keizer governments were created by the
boundary commission's development of special service districts within the
urban growth boundary.
Representative Campbell invited councilors to pursue the question of the
continued existence of the Lane County Boundary Commission by contacting his
office.
Mr. Holmer suggested scheduling council discussion of the boundary commission
at the Wednesday meeting. Mr. Gleason said time would be available at the
April 19 work session.
Mr. Holmer listed his reasons for requesting further discussion as the
following: 1) language in the current statute exempts the boundary
commission from observing significant land use regulations; 2) annexation of
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property involving a zone change requires a hearing by both the boundary
commission and the council; 3) the commission members are appointed by the
Governor from lists recommended by City and commission staff; 4) testimony on
the issue included that heard from former Governor Straub who urged the
abolition of the boundary commission because of his experience with its delay
of operations; and 5) a majority of Lane County Commissioners support
abolition of the boundary commission.
Ms. Bascom moved, seconded by Mr. Rutan, to approve the
concepts expressed in the minutes of the Legislative Committee
meetings of March 1 and March 27, 1989. Roll call vote; the
motion carried unanimously, 8:0.
IV. PUBLIC HEARING: ORDINANCE ADOPTING SUPPLEMENTAL BUDGET NO.3
City Manager Mike Gleason introduced the topic. He said the issue had been
the topic of a public hearing before the Budget Committee a month ago and
adoption of the supplemental budget was recommended unanimously.
Mayor Miller opened the public hearing. There being no requests to speak,
Mayor Miller closed the public hearing.
CB 4133--An ordinance adopting a Supplemental Budget; making
appropriations for the City of Eugene for the fiscal
year beginning July 1, 1988, and ending June 30,
1989; and declaring an emergency.
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Ms. Bascom moved, seconded by Mr. Rutan, that the bill, with
unanimous consent of the council, be read the second time by
council bill number only, and that enactment be considered at
this time.
Mr. Bennett described the ordinance as difficult to read and understand and
suggested that a narrative could be prepared that would summarize significant
issues.
Ms. Schue pointed out that a bill being considered in the Legislature and
supported by the League of Oregon Cities is intended to simplify the
supplemental budget process.
Roll call vote; the motion carried unanimously, 8:0.
Council Bill 4133 was read a second time by council bill number and title
only.
Ms. Bascom moved, seconded by Mr. Rutan, that the bill be
approved and given final passage. Roll call vote; the motion
carrying unanimously, 8:0, the bill was declared passed (and
became Ordinance No. 19612).
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April 10, 1989
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~ V. FINDINGS AND RECOMMENDATIONS OF HEARING OFFICIAL/ORDINANCES LEVYING
ASSESSMENTS FOR CONTRACTS 88-02, 88-10, and 88-13
City Manager Mike Gleason reported that no significant issues had been raised
at the March 23 public hearing on these assessments and he recommended
passage of the ordinances.
CB 4134--An ordinance levying assessments for paving, sanitary
sewers, storm sewers, sidewalks, and street lights on
Gilham Road from Crescent Avenue to Honeywood Street
(Contract #88-02).
CB 4135--An ordinance levying assessments for paving,
sidewalks, and storm sewers for Dove Lane from
Highway 99 to Taney Street (Contract #88-10).
CB 4136--An ordinance levying assessments for paving,
sanitary, and storm sewers for Chad Drive from 300
feet east of Shadow View Drive to 1,800 feet east of
Shadow View Drive (Contract #88-13).
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Ms. Bascom moved, seconded by Mr. Rutan, to approve the
Hearings Official's findings and recommendations of March 23,
1989 (Contracts 88-02, 88-10, and 88-13) and that the bills,
with unanimous consent of the council, be read the second time
by council bill numbers only, and that enactment be considered
at this time.
Ms. Bascom directed questions to Les Lyle, Public Works staff, regarding the
46-foot width of the Gilham Road improvement and the amount being assessed to
the property owners. Mr. Lyle explained that because Gilham Road is a
collector, the code requires existing developed properties along it be
assessed for 20-foot equivalent roadways. Undeveloped, residential-
zoned properties are assessed at 36-foot wide. The City pays for the
additional width beyond what can be assessed. Mr. Lyle further explained
that the City of Eugene owns property with frontage on Gilham Road which is
being assessed just like any other property.
Roll call vote. The motion carried unanimously.
Council Bills 4134, 4135, and 4136 were read a second time by number and
title only.
Ms. Bascom moved, seconded by Mr. Rutan, that the bills be
approved and given final passage. The motion carrying
unanimously, 8:0, the bills were declared passed (and became
Ordinance Nos. 19609, 10610, and 19611).
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VI. FINDINGS AND RECOMMENDATIONS OF HEARING OFFICIAL AND APPROVAL OF
IMPROVEMENT PROJECT (HICKORY AVENUE) (JOB #2460)
City Manager Mike Gleason introduced the item.
Ms. Bascom moved, seconded by Mr. Rutan, to approve the
Hearings Official's findings and recommendations of March 23,
1989, and to approve the improvements for paving, curbs,
gutters, and sidewalks for Hickory Avenue from Garden Way to
140 feet west. Roll call vote; the motion carried
unanimously, 8:0.
VII. CONSIDERATION OF THE CITY'S NUCLEAR FREE ZONE STATUS
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City Manager Mike Gleason introduced the item. Glen Potter, Intergovern-
mental Relations Division, noted that the item had been postponed from the
March 6 meeting to allow all councilors to be present for discussion. Mr.
Potter reported that one ordinance before the council was proposed by
Councilors Boles and Green and differed from the earlier minimally revised
version (MRV) in that it calls for an appointed board rather than an elected
one. Mr. Potter referred to a third ordinance proposed by Mayor Miller and
to a charter amendment for future voter consideration that will incorporate
within the provisions of the Eugene City Charter the provisions of the MRV of
the original ordinance (providing for an elected board). Mr. Potter said
Councilors Boles and Green were asking the council to adopt the ordinance
they proposed, and/or refer that ordinance to the voters in May 1989, and/or
schedule a charter amendment vote at an earlier date than the required May
1990 election. He noted that the Lane County Election Office requires notice
within the next two days to hold an election in May 1989.
Mr. Boles clarified that his and Mr. Green's intent was to ask only for
council adoption of the MRV with an appointed board and not to consider the
other two alternatives.
Answering a question from Mr. Holmer, Mr. Potter said the charter amendment
would automatically be placed on the May 1990 ballot if the council takes no
other action.
Ms. Ehrman asked whether the council would become the proponent if it sets an
earlier date for the initiative (charter amendment) election. Mr. Sercombe
indicated that he believed the petitioners of the initiative measure would be
considered the proponents under the City's voters' pamphlet ordinance.
Responding to Ms. Bascom's inquiry about the recommendations of the Nuclear
Free Zone Task Force, Mr. Potter explained that the task force had forwarded
two proposed ordinances to the council for consideration, one of which was
the MRV with an elected board.
Mr. Potter described Mayor Miller's proposal as an adaptation of the second
proposal that came from the task force which differed from that earlier
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April 10, 1989
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proposal in that it did not provide for a nuclear free zone board. Mr.
Potter considered Mayor Miller's proposal one with a narrower and more
clearly defined scope of prohibitions than the ordinance proposed by
Councilors Boles and Green.
Mr. Boles moved, seconded by Mr. Green, to replace the current
Nuclear Free Zone ordinance with the minimally revised version
(MRV) with an appointed board, as developed by the Nuclear
Free Zone Task Force.
Ms. Schue said that because several proposals have been presented with
insufficient time to adequately review each, she found it difficult to make a
decision on the issue at this time.
Ms. Schue moved, seconded by Mr. Bennett, to table the motion
and to request staff to schedule a work session on the nuclear
free zone issue. Roll call vote; the motion carried, 5:3,
with Councilors Bascom, Rutan, Bennett, Holmer, and Schue
voting aye; and Councilors Boles, Ehrman, and Green voting
nay.
Mr. Gleason said the item would be on the council's April 19 agenda. Mr.
Boles expressed disappointment at the council's delay.
At this point, members of the public interrupted the meeting and Mayor Miller
called for a five-minute recess.
~ Mr, Rutan left the meeting at 8;35 p.m.
VIII. RESOLUTION AUTHORIZING SALE OF BANCROFT BONDS AND NOTICE OF SALE
City Manager Mike Gleason introduced the item. Warren Wong, Finance
Director, gave the staff report. Mr. Wong said the resolution would
authorize the issuance of up to $2,500,000 in Bancroft Bonds. The City's
last bond sale was in April 1985, and since that time, a letter of credit and
warrants have been used as interim financing for construction activity. He
said the new bonds will be used to repay the line of credit. Mr. Wong
reported that he, Mr. Gleason, Mayor Miller, and Planning, Development, and
Building Department Director Abe Farkas recently presented the issue to the
credit-rating agencies in New York and expect to receive a bond rating by
mid-May. The sale will not take place until May 31 and the exact amount will
be determined once a "cut date" is established and it is known what
assessment contracts will be included in the bond issue.
Mr. Bennett asked whether the City could continue using interim financing
while awaiting an improvement in the rate environment. Mr. Wong responded
that the letter of credit could be extended. He noted that warrants are
allowed for up to 24 months and the current line of credit expires on
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June 30, 1989. It would be necessary to project what the market rate will be
at that time. He anticipated receiving a general obligation bond rate of 7
to 7.5 percent.
At this point in the meeting, Mayor Miller called for another five-minute
break.
Mr. Bennett continued by asking whether Bancroft Bonds are always sold on a
100 percent finance basis or if they can be sold with a small down payment
required of the individual properties supporting the bond issue, and if doing
so would make a difference in terms of the bond rating. Mr. Wong responded
that cities do allow that, but usually the total assessment is financed or
payment is made in cash. He added that it would not affect the bond rating.
Answering Mr. Holmer's request for clarification, Mr. Wong said the line of
credit will expire in the summer and bonds should be sold in June to provide
the cash to payoff or extend that line of credit. He added that, based on
market forecasts, the City's Financial Advisor's recommendation is to proceed
at this time.
Responding to Mr. Boles's statement that Bancroft Bonds are backed by the
full faith and credit of the City, Mr. Wong said the assessment contracts
become liens against a property and if those contracts become delinquent, the
City proceeds with foreclosure against the property liened. He pointed out
that as of today, there is more cash in the fund than outstanding Bancroft
Bonds because of the City's conservative financial approach of reinvesting
those funds accrued in the late 1970s and early 1980s by pre-assessment. He
described this as additional security to preclude a property tax levy.
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In reply to Mr. Boles's further questions, Mr. Wong explained that the City
restricted the use of Bancrofting several years ago and most Bancrofting
occurs in already-developed areas. It was previously possible to use the
Bancroft Act to develop raw land by putting in infrastructure for
subdivisions on a speculative basis. He said that was the source of the
majority of foreclosed property. Under the present ordinance, the City
provides improvements if the value of the improvement is at least equal to
the value of the land; but, if that is not the case, the developer is
required to provide additional financial security to meet the
improvement-to-land ratio.
Mr. Wong said the negotiation process is continuing on foreclosed property
referred to by Mr. Holmer. Mr. Gleason announced that a $200,000 agreement
had been signed earlier in the day and he anticipated another would be
finalized soon, with approximately 230 lots sold. Mr. Wong reported a high
level of interest in acquiring the Bancroft lots in question.
Ms. Bascom asked Mr. Bennett to comment further on the concerns he raised
earlier regarding the timing of the bond issue. Mr. Bennett responded that
while he does not object to Bancrofting as a financing mechanism, he
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MINUTES--Eugene City Council
April 10, 1989
Page 8
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anticipated that a better rate could be obtained at another time. He
suggested that requiring a down payment as City policy may be appropriate and
probably would not create a hardship on the affected properties.
Res. No. 4119--Resolution of the City of Eugene, County of
Lane, State of Oregon authorizing the issuance
of General Obligation Improvement Bonds for the
purpose of financing construction of various
local improvements.
Ms. Bascom moved, seconded by Mr. Boles, to adopt the
resolution. Roll call vote; the motion carried unanimously,
7:0.
IX. RESOLUTION CONCERNING DOWNTOWN DEVELOPMENT DISTRICT TAX ELECTION
City Manager Mike Gleason introduced the item. Mr. Wong reported that action
on this item had been deferred from the February 20 council meeting. The
proceeds of this tax are used to support downtown marketing, parking, and
security programs. The tax is levied on an ad valorem basis on the right to
own property within the confines of the Downtown Development District.
Although not a traditional property tax, legal counsel advises that this tax
be placed before the voters for approval each year. Mr. Wong said the
measure must be filed with the County Elections Officer by April 12 for the
May 16 ballot.
Res. No. 4120--A resolution of the City of Eugene, Lane
County, Oregon, calling a Special Election on
May 16, 1989, to submit to the voters of the
city a measure authorizing $190,500 tax on the
ownership of real property in the Downtown
Development District.
Ms. Bascom moved, seconded by Ms. Schue, to adopt the
resolution. Roll call vote; the motion carried unanimously,
7:0.
Responding to Mr. Bennett's question about calling for a special election
every year, Mr. Sercombe said 1987 legislation allows passing the Downtown
Development District tax on a three-year levy basis if the council chooses.
It was not recommended this year because of the ongoing review of the future
of the tax district.
Mr. Holmer pointed out that no voters' pamphlet is required for this
election.
MINUTES--Eugene City Council
April 10, 1989
Page 9
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X. REPROGRAMMING REQUESTS FOR SPECIALIZED RECREATION CENTER AND
ACCESSIBLE PLAYGROUND
City Manager Mike Gleason introduced the item. Linda Dawson, Planning,
Development, and Building Department, presented the staff report. Ms. Dawson
said the two reprogramming requests were heard by the Community Development
Committee (CDC) in a public hearing last month. When the specialized
recreation center and the accessible playground at Amazon Park were approved
for funding, they were presented in a conceptual stage with preliminary cost
figures. As design work has proceeded and the projects are closer to
implementation, costs have been firmed up and the need for additional funding
has been identified. Ms. Dawson described the planning process for the
projects as interactive with users.
As council's representative on the CDC, Mr. Boles said he had expressed
concern about approving projects before total fixed costs are established.
While a commitment has been made to both projects, Mr. Boles urged the
council to require more exact construction cost estimates before approving
future projects. He said he supported these projects because they will
create model facilities that will be an asset to the community and because he
has received assurance that operating and maintenance money required to
support these facilities is already budgeted and no additional requests will
be made in that area.
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Mr. Green requested clarification on the two projects and learned that they
are both in Amazon Park.
Ms. Bascom inquired about private fund ralslng for the projects. Ms. Dawson
explained that private fund raising was associated with the expansion of
Celeste Campbell Senior Center and in that situation, the block grant funds
were considered seed money to match private contributions. The specialized
recreation center and accessible playground were presented as entirely block
grant-funded projects.
Mr. Gleason said the reprogramming requests under consideration should not be
referred to as a cost overrun because in order for the request to meet a
specific time table for committee consideration, it was presented prior to
design work being done. He added that obtaining fixed costs at an earlier
stage in the process would cost between five percent and ten percent of the
total project cost.
Answering Mr. Green's question, Ms. Dawson said the City receives
approximately $1 million in Community Development Block Grant (CDBG) funds
annually (in new entitlement dollars). Revolving funds are also generated
from the loan programs, bringing the total available for programs to several
million dollars each year. Of the two items under consideration, one
involves the transfer of capital funds from one project to another. The
other item will receive unallocated interest income earned on money held
longer than was originally anticipated.
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MINUTES--Eugene City Council
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Mr. Gleason noted that, based on recommendations from the CDC, the council
has adopted categories of funding which projects must fit in order to receive
CDBG funding. Mr. Gleason said a neighborhood survey of needs conducted as
part of the Capital Improvement Program is presented to the CDC and is
considered when the committee ranks projects within the categories approved
by council.
Mr. Boles said while the reprogramming requests may not represent a cost
overrun for the projects, he was nevertheless surprised at the size of the
cost increase over the original estimates.
Ms. Bascom moved, seconded by Ms. Schue, to reprogram $90,000
CDBG funds from Downtown Accessibility ($60,000) and CDBG
Interest Income ($30,000) to the Specialized Recreation Center
($75,000) and the Accessible Playground at Amazon Park
($15,000). Roll call vote; the motion carried unanimously,
7:0.
XI. CITY COUNCIL MINUTES: DINNER/WORK SESSION JANUARY 11, FEBRUARY 6,
MARCH 6 AND MEETINGS OF FEBRUARY 8, FEBRUARY 13, FEBRUARY 15, AND
MARCH 1, 1989
Mr. Bennett made a correction to the minutes of the January 11 work session.
On page 9, the 8th paragraph should be changed to read, IIMr. Bennett
encouraged the council not to lose a good development opportunity and he felt
the council had adequate information to make its decision.1I
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In the minutes of the March 1 meeting, Mr. Boles corrected page 8, paragraph
3, sentence 3 and 4, to read, IIHe 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.1I
Ms. Bascom moved, seconded by Ms. Schue, to approve the City
Council Dinner/Work Session minutes of January 11, February 6,
and March 6 and City Council meeting minutes of February 8,
February 13, February 15, and March 1, 1989, as corrected.
Roll call vote; the motion carried unanimously, 7:0.
The meeting was adjourned to April 12, 1989, at 9:13 p.m.
Respectfully submitted,
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(Recorded by Mary Feldman)
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MINUTES--Eugene City Council
Apri 1 10, 1989
Page 11