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HomeMy WebLinkAbout05/25/1983 Meeting e e e M I NUT E S Eugene City Council City Council Chamber May 25, 1983 11:45 a.m. COUNCILORS PRESENT: John Ball, Dick Hansen, Freeman Holmer, Mark Lindberg, Brian Obie, Emily Schue, Betty Smith, Cynthia Wooten. ABSENT: Mayor Gus Keller. Adjourned meeting of the City Council of the City of Eugene, Oregon, was called to order by Council President Emily Schue. I. ITEMS FROM MAYOR & COUNCIL, APPOINTMENTS, ANNOUNCEMENTS, AGENDA ADJUSTMENTS A. Funding for Human Rights Commissions Councilor Wooten noted that the Eugene Human Rights Commissions had held a group meeting on May 23, 1983. She said that several commission members had expressed concern with the final recommendation of the Budget Committee, which reduced staffing for the commissions from two positions to one. Ms. Wooten said commissioners wondered if they would be able to implement their proposed workplans with this reduction in staff assistance. She felt that the commissions had served the City well. She noted that she had asked the City Manager to meet with the presidents of the commissions to discuss their concerns and to make assurances that the City would work in good faith to make certain that the commissions would be able to implement their programs. Councilor Schue noted that the Budget Committee had had to make decisions that involved making cuts in a number of programs. She felt that the council was committed to having the human rights program continue. She recognized that the commissions would need to make best use of staff and implement additional efficiencies. Councilor Wooten invited any interested councilors to sit in on the meeting with commission presidents. Councilor Holmer said he would like to participate in the meeting. He expressed support for the work of the human rights commissions and felt the City should facilitate the work of these groups within reasonable budgetary bounds. B. Operation of Wading Pools in City Parks Councilor Wooten noted that funding was not available to keep wading pools in City parks open this summer. She asked if those enrolled in the Summer Youth Employment Program could supervise the wading pools, or, if not, whether the Parks Department could coordinate volunteer supervisors. Ernie Drapela, Parks Department Director, said that the department had communicated with neighborhood organizations and that, as a result of volunteer help and/or neighborhood fundraising efforts at least three or four of the wading pools would operate during the summer. Responding to a request from Ms. Wooten, Mr. Drapela said the West University Quality Project would be contacted for participation in these efforts. MINUTES--Eugene City Council May 25, 1983 Page 1 e C. Location and Timing of Staff Meetings/Retreats Councilor Holmer said that while he was generally supportive of City department heads and staff members holding staff meetings and retreats to discuss goals and other staff matters, he was concerned that discretion be used in the timing and selection of location for such meetings. D. Appointments 1. Appointment to Sign Code Board of Appeals Mr. Obie moved, seconded by Ms. Smith, following the recommenda- tion of Mayor Gus Keller, that Cindy Bussiere, 610 East 19th Avenue, Eugene, be appointed to the Sign Code Board of Appeals, to fill the unexpired term of William Frye; term to expire January 1, 1984. Roll call vote; motion carried unanimously. 2. Appointment to Library Board Mr. Obie moved, seconded by Ms. Smith, following the recommendation of Mayor Gus Keller, that Charles Stephens, 360 East 48th Avenue, Eugene, be appointed to the Library Board, to fill the unexpired term of Margaret Runkel; term to expire January 1, 1987. 3. Mayor's Appointments to Traffic Safety Commission e Ms. Schue announced that Mayor Keller had appointed Ira Spieler, 2925 Van Avenue, Eugene, and Carol Cunningham, 1400 Candlelight Drive, #169, Eugene, to the Traffic Safety Commission. E. Announcements 1. Donation of Art Works Assistant City Manager David Whitlow introduced Parks Director Ernie Drapela. Mr. Drapela announced that Winifred and Madeleine Liepe had donated two works of art to the City in recognition of the City's support for the arts and in hopes of establishing a City Hall art collection. He displayed the two works, a woodcut by La Verne Kraus and a watercolor by Madeleine Liepe. Councilor Schue accepted the artworks for the City and thanked the Liepes for their generous donation and their efforts to make City Hall more enjoyable for Eugene's citizens. 2. Ride on the Goodyear Blimp Mr. Whitlow announced that two Eugene City councilors were invited to join two Springfield councilors and two Lane County commissioners in a ride on the Goodyear blimp at 6 p.m. on May 26. Ms. Schue asked councilors interested in the ride to contact her following the meeting. Councilor Obie asked Mr. Whitlow to find out if a trip could also be scheduled for Saturday morning, May 28. - MINUTES--Eugene City Council May 25, 1983 Page 2 II. ROUTINE ITEMS FOR COUNCIL APPROVAL e A. Approval of City Council minutes of April 27, 1983; and Special Meeting minutes of May 11, 1983 (minutes distributed) Mr. Obie moved, seconded by Ms. Smith, to approve the City Council minutes of April 27, 1983; and May 11, 1983. Roll call vote; motion carried unanimously. B. Improvement Petition in Glenwood Boulevard (assessable costs: pavlng-- total front footage, 2,631 ft/front footage petitioned, 1,385 ft--53%; sewers--total square footage, 323,961 ft/square footage petitioned, 277,442 ft--86%; City cost--intersection--$10,000) (2071) Assistant City Manager David Whitlow said that this was the first step in the improvement process and that the council would consider the matter again later in the process. Responding to a question from Councilor Obie, Mr. Whitlow said that the adjacent property owners had petitioned for the improvements. Res. No. 3779--A resolution authorizing paving, sanitary sewers and storm sewers in Glenwood Boulevard from Glen- wood Drive to 1100 feet south, and in Moon Mountain Drive from Glenwood Boulevard to Laurel Hill Drive; and sanitary sewer to serve Tax Lots 18-03-02-01100, 01200, 01301, and 01302. e Mr. Obie moved, seconded by Ms. Smith, to adopt the resolution. Roll call vote; motion carried unanimously. C. Call for Public Hearing: Abatement at 2285 West 11th Avenue (memo distributed) Mr. Whitlow said a staff presentation on this item would be made at the public hearing. Councilor Obie said he regretted that this matter could not be settled without initiation of abatement proceedings. Res. No. 3780--A resolution calling a public hearing for June 13, 1983, to consider abatement of property located at 2285 West 11th Avenue. Mr. Obie moved, seconded by Ms. Smith, to adopt the resolution. Roll call vote; motion carried unanimously. III. PUBLIC HEARING: AMENDMENT CONCERNING COMMERCIAL SOLICITORS (memo, ordin- ance, background information distributed) Mr. Whitlow introduced Terry Grondona, Business License/Tax Supervisor, and Bill Sloat, Business Assistance Team. Warren Wong, Finance Director, said he would make the initial presentation. He noted that representatives of the Police and Parks Department staff were also present to respond to questions from councilors. e MINUTES--Eugene City Council May 25, 1983 Page 3 e e e Mr. Wong said the Business Assistance Team (BATeam) had requested that considera- tion be given to making changes in the City Code regarding street vendors. He sai d that staff had prepared an amendment to the code to allow street vendi ng and that rules and regulations would be developed over the next 60 days to control such things as the time and location for such vending. Mr. Wong said that in the interim conditional licenses would be issued. Mr. Sloat said that the request for this amendment had been made by Arthur Golden and that the BATeam felt the change was appropriate because it would make Eugene's ordinance more like those of other Oregon cities, because it would provide a legitimate avenue for those wishing to start small businesses, and because a number of unregulated street vending activities are currently occurring in the City. He said staff recognized that regulations would need to be developed to accompany the amendment to control such things as the time, place, and manner of street vending. Responding to questions from Councilor Holmer, Tim Sercombe, City Attorney's Office, said that the change in Section 4.860 of the ordinance was proposed since the language was vague and the topic of amusements on public streets would be covered elsewhere in the code. Mr. Sercombe said that under Section 3.345 of the ordinance, only written orders for future delivery would be required to be made in duplicate, and duplicates of orders for present conveyance would not be required. Councilor Wooten asked how the ordinance would apply to flower vendors. She wondered if the owner of a street-corner flower vending business with a number of people working for him/her would need to get separate licenses for each vendor. Ms. Grondona responded that each vendor would need a license. Responding to further questions from Ms. Wooten, Ms. Grondona said that licenses would be issued through the Business License Office and that the City Manager would issue rules governing street vending. Councilor Wooten asked what effect the ordinance would have on vending on the downtown mall. Mr. Sercombe responded that the regulations to be developed would probably exclude the mall and City Parks from coverage by the ordinance, since these areas are governed by existing, separate regulations and processes. Mr. Sercombe noted that the proposed regulations for the street vending ordinance would be brought to the council for information and comment. Councilor Wooten felt that the proposed ordinance was a good idea and would bring vitality to the City and encourage small business development. Councilor Hansen asked if regulations would be developed to prevent vendors from locating in such a way as to compete with existing businesses. Mr. Sercombe said this will need to be examined. He said vendors would not be allowed to locate in such a way as to prevent or limit access to commercial operations. He noted, however, that there were anti-trust concerns with the City's attempting to limit competition. Mr. Hansen said he was concerned with a vendor using the public right-of-way as a location from which to compete with an existing business. MINUTES--Eugene City Council May 25, 1983 Page 4 e e e Councilor Lindberg asked how the ordinance would affect existing businesses' holding sidewalk sales. Mr. Sercombe said that the ordinance would expand opportunities for holding such sales, subject to existing restrictions elsewhere in the code, but that he believed a permit would be needed. Councilor Ball asked if the BATeam had considered the issue of vendors competing with existing businesses. Mr. Sloat responded that the issue had been explored but that it was felt the amended ordinance was flexible enough to allow street vending with some controls. Councilor Smith said that she had received a letter from representatives of the florist industry who were concerned with competition from on-street flower vendors. She asked how the proposed amendment would affect this competition. Ms. Grondona responded that, under the amended ordinance, street vendors would need to pay a $45 annual licensing fee and post the $1,000 surety bond required under existing code for any commercial solicitor. Mr. Sloat said that he had talked with the owner of Oakway Florist, who was particularly concerned with the unregulated nature of street-corner flower sales and with the possible failure of owners of such vending operations to comply with State laws regarding employees. Mr. Whitlow emphasized that the City was trying to move cautiously in introduction of street vending and that this was just a first step, which would be followed by speCific rules and regulations. He said the City did not feel that the present situation could continue as is. Councilor Hansen said that the ordinance only deals with vendors on public property and asked how it would affect flower vendors who arrange to set up on private property. Mr. Sercombe responded that a commercial solicitor's license would be required no matter where a vendor did business. He said that the amendments being considered would also preclude vending on private property if this caused congestion that disturbed traffic patterns. Public hearing was opened. Arthur Golden, 1435 West 13th Avenue, commended Bill Sloat for his cooperation and fine work. Mr. Golden said that he had not wanted to raise an issue that would have an adverse effect on flower vendors. He noted that he had gotten permits for street vending in Springfield in four days, with no cost, and suggested that Eugene could learn something from Springfield's system. Mr. Golden said that his vending operations would not compete with existing small businesses, but that he would not hesitate to compete with large corporations that take money out of the community without returning anything. CB 2643--An ordinance concerning licensing of commercial solicitors; amending sections 3.010 and 4.860 of the Eugene Code, 1971; and declaring an emergency. Mr. Obie moved, seconded by Ms. Smith, 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. MINUTES--Eugene City Council May 25, 1983 Page 5 Council Bill 2643 was read the second time by council bill number only. e Mr. Obie moved, seconded by Ms. Smith, that the bill be given final passage. Roll call vote. All councilors present voting aye, the bill was declared passed and numbered 19145. IV. AWARD OF BANCROFT IMPROVEMENT SERIES "J" BONDS (memos, resolution, bid tabulation distributed) Mr. Whitlow introduced Warren Wong, Finance Director. Mr. Wong said that financial consultants Jim Breithaupt and Bob Moore, and David Coombs, General Accounting Manager, were present to respond to questions from councilors. Mr. Wong noted that on April 20, 1983, the council had authorized a $3.97 million bond issue. He distributed a memo documenting the bids and noted that the proceeds of the bond issue would be used to pay for assessment projects. e Mr. Wong said that the bid prospectus had been sent out on May 4, 1983. He said that Moody's had given the City an Aa rating, which was the highest rating a municipality the size of Eugene could receive. Mr. Wong noted that this retained the City's prior rating, but he indicated that it had been more difficult to obtain the Aa rating this time. He said that in discussing the rating, Moody's representatives had commented favorably on the City's conservative financial management policies and practices, on the cash carryforward, on the decision to apply revenue-sharing funds to capital or non-recurring expenditures, on the decision to fund current expenditures with current revenue, and on the practice of making interfund loans to support cash deficits. Mr. Wong said the City's strong, anticipatory financial management, good grasp of financial issues, and acceptance of short-term reductions in service and staffing to deal with revenue shortfalls had also been mentioned as strong points. He said that some negative points had also been cited, many of which were outside the City's control. These included 1) the continued depressed state of the local economy; 2) the position of the Lane County government; 3) the lack of aggressiveness in collecting delinquent property taxes; and 4) the allocation formula for distribution of property taxes, which calls for taxes to be distributed to jurisdictionns on the basis of the Lane County average rather than on an actual basis by jurisdiction. Mr. Wong listed the bids that had been received and said staff recommended awarding the bid to the low bidder, First Interstate Bank of California, at a rate of 7.7504. Councilor Holmer referred to the last sheet of the materials distributed by Mr. Wong and asked how the "low bidder" had been determined, since the firm offering the lowest interest rate did not offer the lowest total cost. Mr. Wong responded that this difference was due to the timing of interest payments. Mr. Moore added that determination of the true interest cost took into consideration the time value of money. Councilor Holmer suggested that in the future the council be presented with calculations detailed enough to make it clear that the City was making the award to the lowest bidder. Mr. Moore noted that the bid itself defined what figures the award would be based on. e MINUTES--Eugene City Council May 25, 1983 Page 6 e Res. No. 3781--A resolution awarding the sale of General Obliga- tion Bancroft Improvement Bonds, Series "J", in the principal amount of $3,970,000 to First Interstate Bank of California, at a net interest cost of $1,685,340 and a true interest rate of 7.7504 percent. Mr. Obie moved, seconded by Ms. Smith, to adopt the resolution. Roll call vote; motion carried unanimously. V. PLANTINGS WITHIN RIGHTS-OF-WAY (memo, ordinance distributed) Mr. Whitlow introduced Parks Director Ernie Drapela. Mr. Drapela said that the proposed ordinances were primarily of a "housekeeping" nature and would 1) correct a discrepancy between Section 6 and Section 7 of the City Code regarding the required setback for vision purposes, and 2) relax the provisions of Section 7.630 of the code, which currently require a permit for any planting in the strip between the curb and the sidewalk. Mr. Drapela noted that this would make the code comply with the existing practice of permitting flowers and vegetables to be grown in the parking strip without a permit. He said that the Joint Parks Committee had approved both changes and recommended them to the council . CB 2644--An ordinance concerning plantings within public rights- of-way; amending sections 6.010 and 7.635 of the Eugene Code, 1971; and declaring an emergency. e Mr. Obie moved, seconded by Ms. Smith, 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. Council Bill 2644 was read the second time by council bill number only. Mr. Obie moved, seconded by Ms. Smith, that the bill be approved and given final passage. Roll call vote. All councilors present voting aye, the bill was declared passed and numbered 19146. VI. JOINT PARKS COMMITTEE BYLAWS (memo, bylaws distributed) ~ir. Whitlow introduced Parks Director Ernie Drapela. Mr. Drapela said that since 1974 the Joint Parks Committee had functioned under specific assignments from the City Council. He said that the committee wished to maintain this status but that it had asked to adopt bylaws for conducting business according to a standard process. Councilor Schue added that the Joint Parks Committee was becoming more active, with a wider range of interests, and that she felt the work of the committee was most helpful. Mr. Obie moved, seconded by Ms. Smith, to approve the Joint Parks Committee bylaws. Roll call vote; motion carried unanimously. e MINUTES--Eugene City Council May 25, 1983 Page 7 e e e VII. REPORT FROM COUNCILOR WOOTEN ON ACTIVITIES OF CITY COUNCIL TASK FORCE ON HULT CELEBRATION/EUGENE FESTIVAL (memo, informational materials distributed) Councilor Wooten distributed materials developed by the task force. She said that she had chaired the task force, and she introduced the task force members who were present in the Council Chamber: Elaine Stewart, Eugene Development Department; Tom Schott and David Filer, Downtown Commission; Ray McIver, Eugene Downtown Association; Mike Hartnett, Visitors' and Convention Bureau; and Mary Hudzikiewicz, University of Oregon and Eugene Action Forum. She noted that the other members of the committee were identified in Attachment B of distributed materials. Ms. Wooten said that the task force had met four times since her last report to the council and had developed proposals regarding the festival event, which were summarized in the materials. She noted the task force was recommending coordination of two weeks of events with a focus on events for the dates of September 29 and 30 and October 1 and 2. She said the task force had agreed to narrow the site for the events to downtown Eugene, with an eye toward expanding the area in future years. Ms. Wooten discussed the proposed organizational structure for the event, which included a volunteer committee which would be responsible for recruiting volun- teers to work on the event. She said that the theme would be Eugene's diversity and that it was hoped all types of groups would be involved. Ms. Wooten said that the task force had discussed expanding its membership to include represent- atives of additional groups but had agreed to keep the present membership composition, in order to retain a manageable size for the task force. She noted that additional groups would be included as needed. Councilor Wooten discussed the proposed calendar for festival events, which included events already planned for the Hult Center, sports events, a car show, bike races, children's activities, a parade, and possibly a carnival. She said that an official starting ceremony and pageant were proposed for Friday evening the 30th. She suggested that the ceremony repeat the tradition of past Eugene festivals of having participants carry lighted candles. She said the task force proposed that a box supper be held and that fireworks be set off from the top of the Parcade. Ms. Wooten said that a trade show was proposed for the festival that would bring toqether exhibits and booths from cottage industries, agriculture,and manufactur- ing. Ms. Wooten then presented a preliminary budget for the festival and noted this included anticipated receipts of $12,500 for booth rentals. She said the task force had suggested that the City maintain the beer and wine concession for the festival as an additional means of generating revenue. Mr. Schott said that the Downtown Commission supported the festival events as a means of meeting goals for increasing the vitality of the downtown and generating enthusiasm for the downtown area. He noted that the commission had voted at its May 24 meeting to provide financial support for the event. Councilor Wooten said that the task force had requested the assistance of staff members Elaine Stewart of the Eugene Development Department and Jim Williams of the Hult Center for initial work on the event, with additional staff help in the time just before the festival. She noted that Mike Hartnett had agreed to serve as liaison with the private sector for the the present. MINUTES--Eugene City Council May 25, 1983 Page 8 e Councilor Obie commented on the narrow geographic focus of the event and on the continued need for public subsidy for the only shopping area in the city that was built under public subsidy. He was concerned for the 100 merchants in the 5th Street Market who prosper without public subsidy but who would not be included in the festival activities. Ms. Wooten responded that it would be possible to expand the event but that the task force had felt the focus for this initial event should be on the Willamette Street area from the train depot to 11th Avenue. Responding to a question from Councilor Schue, Ms. Wooten said the task force was requesting that the council 1) give the task force official status through December 31, 1983, to allow an evaluation of the event and 2) approve the proposed organizational structure, budget, and list of potential activities. Ms. Wooten said that the task force would report back to the council monthly as planning progressed. Councilor Ball asked why the task force was recommending that the City sell beer and wine. Ms. Wooten said that the City could generate revenues for the event and have control over consumption. Mr. Ball questioned how this would provide control and whether there would be a liability in the City's taking on this function. Tim Sercombe, City Attorney's Office, said that there was a question of liability. He noted that if alcohol were served to a person who was visibly intoxicated the City could be liable for resulting injury caused by that person. Mr. Sercombe said the City could possibly purchase insurance against such liability. He said that the City Attorney's Office could look into this and check with Risk Management. e Councilor Hansen questioned whether $12,500 could be generated from booth fees and suggested cautious budget estimating in this area. Ms. Wooten said that tents could be set up on the parking lot at 8th Avenue and Wi 1 lamette Street, with booth space inside the tents. She said that the $12,500 figure was based on square footage calculations for such booth space. Councilor Smith suggested that the council approve the report in concept and give the task force official status but ask the group to consider the concerns that had been raised during council discussion and return with proposed modifica- tions. Ms. Wooten said that the task force needed to proceed with budgeting, activity planning, and implementing the organizational structure and that council approval of these areas was needed. Councilor Obie discussed the proposed budget for the event, which included a $10,000 contribution from the Eugene Private Industry Council, an $8,500 contri- bution from the Downtown Commission, and $5,000 identified as a grant from a public agency. Ms. Wooten noted that the task force hoped to apply for grants from organizations such as the National Endowment for the Arts. Councilor Obie asked if the City of Eugene would be liable for covering any revenue shortfall for the event. Ms. Wooten said the task force would plan carefully to ensure that there was no shortfall. She felt it was worth the risk for the City to help initiate an event which the task force hoped would become an annual affair, possibly run by a non-profit organization. e MINUTES--Eugene City Council May 25, 1983 Page 9 e e e Councilor Hansen suggested that the proposed two-week time frame for the events be shortened for this initial activity, to conserve funds. Ms. Wooten said that the activiti es of the task force woul d focus on four days and that for the rest of the period the group would coordinate events organized by others. Councilor Hansen asked if the proposed parade would cross 6th and 7th avenues. Ms. Wooten responded that this was not the case and that the parade would generally move around the mall area. Councilor Obie was concerned that a motion to adopt the recommendations of the task force would include endorsement of the selling of beer and wine by the City. He did not feel that the council should take this action without first receiving information on liability from the City Attorney's Office. Councilor Hansen suggested leasing the right to sell beer and wine to an organiza- tion or to breweries and wineries. Mr. Holmer moved, seconded by Mr. Obie, that the council endorse the report made by Ms. Wooten, including the organizational structure, schedule, and budget, subject to further consideration by the task force of the concerns expressed by the council, and that a report back from the task force to the counci 1 be schedul ed for the fourth Wednesday in June. Councilor Lindberg said he believed councilors had expressed unanimous support for the event. He felt that risking the $10,000 in City funds involved was worth taking to get this event established on a long-term basis. Councilor Wooten said that this destination point activity was important to the City's economic diversification efforts and urged the council to support the event. Councilor Schue expressed thanks to Ms. Wooten and the members of the task force for thei r work. Roll call vote; motion carried unanimously. Councilor Wooten noted that a list of suggested names for the event had been distributed to councilors for their information. The meeting was adjourned. Re sp~ec 1J. 11 y ~....-, // - //~ "" $i " Mi c)feal D:' G Ci ty Manager ,-..... }#~. MDG:DCM:bm/CM26aI2 (Recorded by Darcy Marentette) MINUTES--Eugene City Council May 25, 1983 Page 10