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HomeMy WebLinkAbout02/09/1983 Meeting e e e M I NUT E S Eugene City Council City Council Chamber February 9, 1983 11:45 a.m. COUNCILORS PRESENT: John Ball, Richard Hansen, Freeman Holmer, Mark Linaberg, Brian Obie, Emily Schue, Betty Smith, Cynthia Wooten. Adjourned meeting of the City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor Gus Keller. I. ITEMS FROM MAYOR & COUNCIL, APPOINTMENTS, ANNOUNCEMENTS, AGENDA ADJUSTMENTS A. Possible Council Retreat to Discuss Process Councilor Obie said that he had heard there was a possibility that a council retreat to discuss process was being planned. He felt that the council's existing processes were good and that a retreat was not needed. B. Grouped Mailboxes Councilor Hansen noted that the City of Ashland had recently taken action to indicate its opposition to installation by the US Postal Service of grouped mailbox structures in residential areas. He said that he did not know whether this was an appropriate matter for council consideration but that he personally endorsed the position taken by the City of Ashland. C. Level of Activity in Eugene's Neighborhood Groups Councilor Hansen said that during the council's discussion of the neighborhood organizations' model charter at the January 26, 1983, council meeting he had neglected to raise his concerns regarding the number of people involved in making decisions at the neighborhood level. He felt it was possible that a few people might be making decisions and presenting testimony in the name of a neighborhood group, when that decision or opinion was not truly representative of the residents of that neighborhood area. He suggested that the council ask the Citizen Involvement Committee to look into this matter and make a recommen- dation to the council. Councilor Wooten said that this issue had been of concern to the CIC and to neighborhood groups. She said that the City Manager's staff and the Eugene Neighborhood Leaders Association were presently involved in surveying councilors, neighborhood organization members, and City staff to determine what efforts were needed to encourage broader participation in neighborhood organizations. She compared this survey effort to that conducted in development of recently adopted recommendations for restructuring of the human rights commissions. MINUTES--Euyene City Council February 9, 1983 Page 1 e e e Councilor Obie agreed that the Citizen Involvement Committee or the Eugene Neighborhood Leaders Association should be asked for a recommendation relative to the levels of credibility of neighborhood groups. He said that these City- recognized and -supported groups were designed to have much impact but that some distinction should be made between active, healthy groups and those in which only a few people are making decisions. Councilor Wooten said that as the council's representative on the Citizen Involvement Committee she would refer the matter to that group. She noted that the Neighborhood Leaders Association would also be reporting to the council on the results of its survey. D. City's Role in Coordinating Efforts to Serve the Homeless Councilor Lindberg noted that he was the Chairperson of the Vagrancy Task Force. He said that Secretary of Defense Caspar Weinberger had directed local military and Housing and Urban Development offices to provide facilities, as available, for the homeless. Mr. Lindberg said that the owner of the former Bethel School building had volunteered the building for use by the homeless if public and private agencies would provide resources necessary to operate the facility. Mr. Lindberg said that he had asked City staff to help in coordination of these efforts to house the homeless. E. Possibility of Flow-Based Sewer Rate Charges Councilor Lindberg said that he had been contacted by several people, particularly senior citizens, who were concerned about the possible sewer rate hike, which would be based on a flat rate rather than on actual use. He said he had advised these callers that the council had received a report on this matter during a work session and had concluded that for practical reasons it would be best, at present, to continue with a flat rate, with the intention of moving to a flow- based rate. He asked for confirmation that this was indeed the sentiment of the council. Councilor Schue said the Utilities Task force had met and discussed this matter but that, to date, no conclusion had been reached. She said that a major problem was that the Eugene Water and Electric Board's (EWEB) water consumption fee projections were based on flow and that water use conservation that could result from initiation of flow-based sewer charges could create a fiscal crisis situation for EWEB. Councilor Smith said it was important to indicate to concerned citizens that a decision on this matter would probably not be made for several months and that the flat rate would be probably imposed in the interim. Councilor Holmer noted that he had two concerns regarding the sewer rate issue that needed further discussion or clarification from staff. He said he needed more information on how the $10.30 figure was derived. He referred to the 90-cent portion of that figure that was earmarked for payment of notes on construction of the West Eugene Sewer Trunk lines and asked if that bonding should not occur over a period longer than two years. He also requested more information on the components of the items for administrative and operating costs as noted in the Metropolitan Wastewater Management Commission budget. He noted that substantial increases were shown from the previous year to this year and from this year to next year and asked for clarification of these increases. MINUTES--Eugene City Council February 9, 1983 Page 2 e e e Councilor Hansen said that he had received calls from a number of apartment owners and managers on this issue and that they felt the proposed $10.30 flat fee was an unfair charge to make on small apartment units. He hoped that steps to move to a flow-based rate system would be taken soon. F. Council Dinner Meeting with Representatives of the Oregon Pacific Economic Development Corporation Councilor Wooten reminded councilors of the council dinner meeting with representa- tives of the Oregon Pacific Economic Development Corporation at 5:00 p.m. on February 14, 1983. G. Appointments 1. Consideration of appointment to the Community Schools Coordinating Committee Ms. Schue moved, seconded by Mr. Obie, that Molly Stafford, 1060 Madison, Eugene, be appointed to the Community Schools Coordinating Committee, term to expire January 1, 1986. Roll call vote; motion carried unanimously. H. Announcements 1. February 15, 1983, Budget Committee Meeting Assistant City Manager David Whitlow reminded councilors of the Budget Committee meeting to be held at 7:30 p.m. on February 15, 1983. He said this quarterly budget report would involve a presentation from the public safety group. 2. National Crime Prevention Week Mr. Whitlow announced that this was National Crime Prevention Week. He noted that the City of Eugene and Lane County were involved in a number of crime prevention programs, including the Neighborhood Watch program. He said that there had been a 13 percent decrease in major crimes in Eugene in the past year and that this could be attributed, at least in part, to crime prevention efforts. II. ROUTINE ITEMS FOR COUNCIL APPROVAL A. Consideration of City Council minutes of December 15, 1982; and January 19, 1983; and Legislative Subcommittee minutes of January 27, 1983 (minutes distributed) Ms. Schue moved, seconded by Mr. Obie, to approve the City Council minutes of December 15, 1983. Roll call vote; motion carried unanimously, with Councilor Holmer abstaining. MINUTES--Eugene City Council February 9, 1983 Page 3 e Ms. Schue moved, seconded by Mr. Obie, to approve the City Council minutes of January 19, 1983, and the Legislative Subcommittee minutes of January 27, 1983. Councilor Wooten said that she had questions regarding the content of the minutes. She asked staff for more information on House Bill 2071, regarding Local Improvement District utility relocation, and House Bill 2126, regarding weatherization. She asked for clarification of the effect of the latter bill on the City of Eugene and asked whether the Legislative Subcommittee had taken a position on the bill. Councilor Smith said that early in the legislative session the subcommittee often agrees to monitor a bill but reserves taking a position on the bill until more information is available. Mr. Whitlow said that staff would provide the information requested by Ms. Wooten. Roll call vote; motion carried unanimously. III. RESOLUTION IN RECOGNITION OF SERVICE BY JOHN TIFFANY (resolution distributed) Mayor Keller said that the council wished to recognize the extraordinary term of service to the community of John Tiffany, who has served on the Eugene Water and Electric Board (EWEB) for 20 years. Mayor Keller read the text of the resolution and commended Mr. Tiffany for his excellent leadership skills. Res. No. 3749--A resolution in commendation of John Tiffany. e Ms. Schue moved, seconded by Mr. Obie, to adopt the resolution. Roll call vote; motion carried unanimously. Mayor Keller presented a plaque to Mr. Tiffany. Mr. Tiffany said that he was proud of EWEB's service and its excellent national reputation as an outstanding municipal utility. He commended EWEB's staff for its hard work and dedication and noted that the utility had had good management continuity with its two General Managers, Byron Price and Keith Parks. He said that Eugene had been kind to three generations of Tiffanys and that his service to EWEB was a way for him to repay this kindness. Mayor Keller noted that the council had been invited to Salem this evening to accept the Governor's Arts Award recognizing Eugene citizens and the city's new Performing Arts Center. He said that he would represent the City at this event. IV. PUBLIC HEARING: ORDINANCE CONCERNING ALCOHOL-RELATED OFFENSES (memo, ordinance distributed) Mr. Whitlow introduced Tim Sercombe, City Attorney's Office. Mr. Sercombe said that the first component of the proposed ordinance would bring the Eugene Code into conformance with State law. He said that the second component addressed tailgate gatherings traditionally held in the Autzen Stadium parking lot prior e MINUTES--Eugene City Council February 9, 1983 Page 4 e e e to University of Oregon football games. Mr. Sercombe said that annexation of the stadium to the City of Eugene was currently being considered at the planning Commission level and that the university had expressed concern that the tailgating activities be permitted to continue if the annexation takes place. He noted that the ordinance changes would make this possible. Mr. Sercombe said that a number of affected City departments, including the City Attorney's Office, the Police and Planning departments, and the Municipal Court, had reviewed the proposed ordinance changes and had recommended approval to the council. Councilor Wooten asked what statistical information was available on the numbers of automobile accidents or fights that could be attributed to the drinking of hard liquor at tailgating parties. Eugene Police Chief Jim Packard responded that Eugene Police had no record of accidents caused by people driving under the influence of liquor consumed at tailgating events and that problems, such as fistfights, occurring in the stadium would have been handled by the University security police or by the Lane County Sheriff's department, so Eugene Police would not have a record of them. Councilor Holmer suggested that the time mentioned in the ordinance for tail- gating parties (four hours before and two hours after stadium events) might be excessive. Chief Packard said that the university had suggested this time frame as a result of observations of actual practice. Mayor Keller and several councilors said they believed the suggested time frame was appropriate. Councilor Lindberg asked for clarification of the extent to which consumption of liquor in City parks is permitted. He said he believed that it was illegal to consume liquor in certain parks, such as West University Park, and asked whether this was specified elsewhere in the City Code. Mr. Sercombe responded affirma- tively. Mr. Lindberg said he understood that the ordinance amendments before the council made an attempt to define "visibly intoxicated" by describing behavior. He wondered if the Police or the City Attorney's Office have some concept in mind of what those terms, such as "loud" behavior mean. Mr. Sercombe said that the proposed language was taken from the State Statute and agreed that interpretation of "loud" could cause legal problems, which would have to be addressed as they occurred. Public hearing was opened. There being no public testimony, public hearing was closed. CB 2593--An ordinance concerning alcohol-related offenses; amending Sections 4.105, 4.110, 4.140, 4.160, 4.165, 4.190, 4.125, and 4.990 of the Eugene Code, 1971; repealing Sections 4.220, 4.230, and 4.235 of that code; and declaring an emergency. Ms. Schue moved, seconded by Mr. Obie, that the bill be read the second time by council bill number only, with unanimous consent of the council, and that enactment be considered at this time. Roll call vote; motion carried unanimously. MINUTES--Eugene City Council February 9, 1983 P ag e 5 e Council Bill 2593 was read the second time by council bill number only. Ms. Schue moved, seconded by Mr. Obie, that the bill be approved and given final passage. Roll call vote. All councilors present voting aye, the bill was declared passed and numbered 19092. PROPOSED AMENDMENTS TO THE METROPOLITAN AREA PLANNING ADVISORY COMMITTEE BYLAWS (memo, background distributed) Mr. Whitlow introduced Randall Hledik, chairperson of the Metropolitan Area Planning Advisory Committee. Mr. Hledik said that the amendments before the council were routine "housekeeping" matters and included provisions for a process for replacing the vice-chairperson. He said that changes to the MAPAC bylaws needed to be approved by the governing bodies of each of the three participating jurisdictions--Eugene, Springfield, and Lane County--and, ultimately, by the board of the Lane Council of Governments. Mr. Hledik said that the Eugene Citizen Involvement Committee and the Planning Commission, as well as MAPAC, recommended approval of the amendments. V. Ms. Schue moved, seconded by Mr. Obie, to approve the proposed amendments to the Metropolitan Area Planning Advisory Committee bylaws and recommend final ratification to the Board of Directors of the Lane Council of Governments. e Councilor Holmer referred to Article III, Section 2, Subsection a of the bylaws and said he understood the proposed amendment would continue the practice of having one of the MAPAC representatives from each jurisdiction be a member of that jurisdiction's Planning Commission. He said that he had concerns about the burden of participation on public bodies, such as Planning Commissions, thus reducing the number of citizens who could find time to volunteer for service on such bodies. He was also concerned that duplication of service of one individual on a number of related bodies denies opportunity for others to serve. Mr. Holmer said that he would support the motion but wished to draw the council's and staff's attention to his concern with creating or supporting "interlocking directorates II in the commun ity. Roll call vote; motion carried unanimously. Mayor Keller thanked Mr. Holmer for his comments and noted that in some cases duplication of service by individuals was appropriate, despite increased demands on that person's time, due to the need for continuity and a sense of the back- ground and history involved in certain areas. VI. RISK MANAGEMENT ANNUAL REPORT Staff Presentation (memo, entire report distributed) Mr. Whitlow introduced Susy Wagner, Risk Manager. Ms. Wagner said that four years ago the City had established a Risk Management program for the purposes of containing insurance costs and protecting the City against losses. She said that the program had outperformed all expectations. She discussed highlights of - MINUTES--Eugene City Council February 9, 1983 Page 6 e the Risk program, noting that the program had included changes in the City's method of financing losses and implementation of loss control measures. Ms. Wagner said that in 1979 the City had changed from a fully insured program to a program of self-insurance for the first $100,000 and outside coverage beyond that amount to $5 million. She said the City had then initiated an employee education program to protect the base $100,000. She said that there had been a significant drop in number of claims in 1982 and that the average cost per claim had decreased since 1979. Ms. Wagner made special recognition of the efforts of the Police Department for its work in reducing the number of general liability and false arrest claims. Ms. Wagner said that in 1980 the City had changed the funding mechanism for workers' compensation, with self-insurance for the first $200,000 and unlimited insurance above that amount. She said that performance in this area could be measured by monitoring changes in the standard premium amount. She noted that this amount had dropped from $1,100,000 to $300,000 as a result of the program. She said that the success of this effort could be attributed to all departments and divisions but in particular to the Public Works Maintenance division, which, as a result of increased safety efforts and initiation of a health and fitness program, had shown outstanding progress in reduced workers' compensation claims. She noted that as a result of this program the average number of working days lost per claim had dropped dramatically and the average cost per claim had dropped from $1,465 in 1980 to $529 in 1982. Ms. Wagner said that, as a result of these programs, the cost of risk, expressed as a percent of the City's annual budget had dropped from 3 percent in 1977 to 1.14 percent in 1982. She said that the success of the Risk program was a e tribute to all City departments and divisions. Mayor Keller thanked Ms. Wagner for the excellent job and asked her to convey his appreciation and that of the council to all City employees. Mr. Whitlow said that in addition to the financial savings, the Risk program also regained lost work time which employees could then spend serving citizens. VII. EMERALD CANAL FEASIBILITY TASK FORCE REPORT (memo, entire report distributed) Mr. Whitlow said that Councilor Lindberg, who had served on the task force, would present the report on this item. Mr. Lindberg said that the council was being asked to accept the report and direct staff to schedule a public hearing. He said that the work of the task force was terminated with production of the report. Mr. Lindberg said that the task force found that the Emerald Canal was feasible and recommended that it be considered further. He said that the task force had identified a number of possible unresolved problems, including financial issues, yet to be addressed and therefore further consideration and referral of the report to existing public bodies, such as the Downtown Commission. Mr. Lindberg said that the task force had recognized that the next phases involved in the canal proposal--implementation and design--were very costly and had therefore recommended establishment of a coordinating body to seek funds for these phases from outside sources. e MINUTES--Eugene City Council February 9, 1983 Page 7 e Councilor Smith noted that in accepting the report the council would not be accepting the recommendations of the task force or even the concept of the canal project. She said that the recommendations would be considered in the future. She expressed appreciation for the work of the task force. Councilor Hansen said he felt that it was appropriate for the council to accept the report but that the issue of the need to hold a public hearing should be addressed later. Councilor Holmer and Mayor Keller responded that council acceptance of the report would not indicate endorsement of the recommendations contained in the report. Mr. Hansen moved, seconded by Mr. Obie, to accept the report. Roll call vote; motion carried unanimously. Mr. Lindberg moved, seconded by Ms. Schue, that the council direct staff to set a public hearing date. Councilor Obie said he believed that during the current time of economic diffi- culty for the City and its citizens he was hesitant to hold a public hearing on the canal project, with an estimated cost of $22 million, since citizens might infer from the holding of such a hearing that the council was considering making this expenditure. He referred to the recent decision to purchase property at 8th Avenue and High Street and said that this purchase had sent a confusing fiscal message to City taxpayers. Councilor Smith agreed that it might be premature to hold a public hearing at this time and suggested waiting until there is a more specific proposal for the 4It public to respond to. Councilor Schue suggested that the report be referred to a council committee for review and monitoring. She felt that pursuit of outside funding was a good idea and noted that to date the project has been supported primarily by Federal funds. Councilor Hansen said he believed it was not in the best interests of the community to spend any staff time or City, Federal, or other tax dollars pursuing the canal project. Councilor Lindberg said that the task force had recommended referral of the report to existing boards and commissions, such as the Downtown Commission, the Joint Parks Committee, and neighborhood groups, for consideration in terms of their individual perspectives. Councilor Ball said that he personally did not wish to pursue the canal project but that he felt public discussion of the issues was healthy and that the council should give the public a chance to address the proposal before making a decision on disposition of the recommendations contained in the report. Councilor Holmer said he did not have problems with the council's holding a hearing on this matter, but he was uncomfortable with the notion of delegating coordination of the project to L-COG since that agency is already short-handed. - MINUTES--Eugene City Council February 9, 1983 Page 8 e e e Councilor Wooten supported holding a public hearing to allow the public to express its view on the project, but she concurred in not wanting to commit funds to pursue the project at this time. She felt the City might want to pursue the project at some future time. Councilor Obie said that at the time that the council had agreed to Councilor Lindberg's serving on the task force, the extent of the City's involvement in the project had been carefully outlined. Mr. Obie said he was personally not interested in having the City pursue the matter further. Mayor Keller suggested that the council discuss the matter further during a council work session, perhaps at a dinner meeting. Councilors concurred with this suqgestion. Mr. Whitlow said that staff would schedule this discussion within the next 60 days. Mr. Lindberg withdrew his motion, with the consent of the second, Ms. Schue. VIII. LEGISLATIVE SUBCOMMITTEE MINUTES OF FEBRUARY 3, 1983--Approval/Decision (memo, minutes distributed) Ms. Schue moved, seconded by Mr. Obie, to approve the February 3, 1983, Legislative Subcommittee minutes. Councilors agreed to segregate discussion and voting on HB 2050, HB 2054, and HB 2116. Roll call vote on Ms. Schue's motion, with HB 2050, HB 2054, and HB 2116 segregated. Motion carried unanimously. Councilor Smith said that the three-member subcommittee was unable to agree on a recommendation on HB 2054--20-day registration--and that the procedure was for such items to be referred to the council-as-a-whole. She said that she and Mr. Holmer had voted to support the bill, which called for cutting off voter registration 20 days prior to elections, and that Mr. Lindberg, who had been sitting in for Ms. Schue, had felt the City should oppose the bill. Ms. Smith moved, seconded by Mr. Obie, to support the staff recommendation for priority 2 support for HB 2054. Mr. Lindberg said he believed the bill was an overreaction to the situation that had occurred in the City of Antelope. He felt that obstacles should not be placed in the path of people interested in voting. He felt that the proposed 20-day restriction would discriminate against less educated, less organized citizens. Councilor Holmer said it was necessary to have some type of registration cut-off if the proposed vote-by-mail was to be effective. He felt that voters should be informed and noted that the Voters' Pamphlet, which is intended as an information tool for voters, could not be mailed to all voters unless there is a registration cut-off. MINUTES--Eugene City Council February 9, 1983 Page 9 e e e Councilor Schue said that she had recently become less supportive of same-day registration. She said she was interested in the vote-by-mail experiments and would therefore support HB 2054. Councilor Wooten supported Mr. Lindberg's position and said she felt that most of those who registered late did so because they had changed addresses within the City or even within their precinct and did not realize until they actually went to the polls that they needed to re-register. She felt HB 2054 would discriminate against these voters. Councilor Ball suggested that the City's position on the 20-day cutoff could be reconsidered when vote-by-mail is implemented. Mayor Keller supported the staff position. He said that last-minute registration created real problems for the Election Office. He felt that those who were committed to exercising their right to vote would take the time to inform themselves of registration and re-registration requirements. Councilors Ball and Wooten asked for more information on the reasons behind the staff recommendation on this bill and on its possible impacts on the City. Karen Goldman, Assistant City Recorder, said that the bill would have no direct operational impact on the City. She said that the League of Oregon Cities had felt that the 20-day cutoff was in line with residency requirements for voting and had expressed concern with the abuse of last-day registration. Ms. Goldman noted that HB 2050--vote-by-mail--also included provisions for a 20-day cutoff. Roll call vote; motion carried 5:3, with Councilors Hansen, Holmer, Obie, Schue, and Smith voting in favor, and Councilors Ball, Lindberg, and Wooten voting in opposition. Councilors then discussed HB 2050. Ms. Wooten said she had objections to this bill similar to those she had voiced in opposition to HB 2054. Councilor Schue said that HB 2050 would allow experiments with vote-by-mail to continue. Responding to questions from councilors, Ms. Goldman explained that HB 2050 would allow vote-by-mail to be used in special district elections but not in general or primary elections. She said that individual County election offices set up the provisions for vote-by-mail. Councilor Smith suggested that the Legislative Subcommittee review HB 2050 again and return with a recommendation to the City Council. Councilors concurred with this suggestion. The council then discussed HB 2116. Councilor Holmer said that the City's share of the costs of general and primary elections was approximately $20,000. He said that the burden of this cost is borne by the County. He said that in view of time constraints he would suggest that the discussion be curtailed. MINUTES--Eugene City Council February 9, 1983 Page 10 e e - Mayor Keller said that the Legislative Subcommittee's position on HB 2116 would stand as noted in their minutes of February 3, 1983. Meeting was adjourned. Respectfully submitted, -- ,o;;~;E.~;~~~~~p~ ~ David Whitlow Assistant City Manager (Recorded by Darcy Marentette) MDG:DCM:ce/CM23b1 MINUTES--Eugene City Council February 9, 1983 Page 11