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HomeMy WebLinkAbout02/08/1984 Meeting o M I NUT E S - Eugene City Council City Council Chamber February 8, 1984 11:45 a.m. COUNCILORS PRESENT: Brian Obie, Cynthia Wooten, John Ball, Richard Hansen, Freeman Holmer, Emily Schue, and Betty Smith. 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. Representation of Annexed Areas Councilor Wooten said she wished to know how councilors were being assigned to represent areas being annexed to the City. City Manager Micheal Gleason responded that staff will develop a report for presentation to the council on ward boundary adjustments. B. PCB Spill e Councilor Wooten expressed her concern over the recent PCB spill in the West Eugene area. She stated that she had spoken with DEQ personnel on the issue. She requested that the City: have an ongoing understanding of the monitoring of the groundwater in that area, determine if the PCB's going through the storm sewer system have been adequately treated, have an inventory of abandoned industrial lands to determine possible required action, and explore the pos- sibility of enforcement or penalty for abandoned industrial waste. C. Sales Tax - Councilor Obie, in response to the Oregon Supreme Court Decision to remove the sales tax proposal from the ballot, felt that the City Council should remind the Governor, Senate President, and Speaker of the House of the economic crisis which has been created by Oregon's tax system. He said the City has been spending much of its time retaining rather than attracting industry. He suggested that the three individuals meet as a group and make their recommendations for resolution of the problem. Mr. Obie said he recently met with one business owner who is moving to Vancouver, Washington, because of the taxing system. He said the BATeam apparently saved another business from leaving. Mr. Obie said the council has a responsibility to the community to deal with this economic crisis. Ms. Smith appreciated Mr. Obie's comments, adding that the Legislative Subcommit- tee had requested that the Finance Department prepare an impact analysis of the sales tax on the City of Eugene. She asked staff for the status of that report. City Manager Micheal Gleason responded that he did not know the status of the report; however, the issue of the analysis is moot since there is little chance that the Legislature will reconvene to vote on the proposal. Ms. Smith MINUTES--Eugene City Council February 8, 1984 Page 1 e e - said it would still be appropriate to have an understanding of the impact of having a sales tax or not. Mr. Obie said he preferred that any message sent address the economic problems created by the present tax system and that some action be taken to alleviate the problem. Ms. Schue agreed that something must be done. She said the impact of the financial difficulties affects the entire community and that pressure should be placed on the State leaders to resolve the situation. Ms. Wooten agreed that the message should not be limited to the issue of the sales tax, but should include the full range of the economic dilemma in which the City finds itself. In terms of the Supreme Court decision, she said many attorneys have judged that the sales tax proposal is unconstitutional and she was disappointed that the League of Oregon Cities did not test the constitutionality sooner. Mr. Ball commented that the legislative disorganization reflects the lack of consensus on Oregon's tax structure and that the relocation of businesses is an issue of much debate. He felt the argument is broader than just the relative tax advantages of the different jurisdictions. He said the council should focus on the financial future of the community. Mr. Holmer agreed that the issue is important and is a challenge to the Legislature. He said it might be possible to have the pro-sales tax coalition support an initiative measure. Based on the concerns stated, Mr. Obie suggested that staff prepare a memorandum addressing those concerns for council consideration next week to be forwarded to the leadership of the State. Mayor Keller added that the information should also be addressed to the League of Oregon Cities. Mr. Gleason said LaC had considered an initiative drive but it stalled because the Legislature was apparently moving toward agreement. He said the major cities might motivate LaC. Ms. Schue agreed with Mr. Holmer's ideas, stating that someone must act to redo the financing system. She suggested that the City might start with its leadership position within LaC. She said the Oregon Education Association would be an important part of the process. Ms. Wooten said she would like to have a letter for council consideration, but she did not want to go on record at this time to have LaC initiate a petition. Mayor Keller said his intent was to keep LaC informed. Mr. Gleason said staff will develop a memorandum for council consideration. Mayor Keller said the sales tax issue is a major concern to local jurisdictions and should remain a high priority. Mr. Gleason commented that the City has been stalled on the topic for three years due to the Legislature. He said the frustra- tion level at the organizational level is high. He stated that the council has the legal capacity to create any type of system to redistribute the tax burden. D. Aging Commission Councilor Ball stated that the council had received a letter from the Aging Commission dealing with problems in the hiring of senior citizens. He asked if any follow-up has been performed. E. Response to Previous Item In response to Ms. Wooten's earlier comment on the representation of annexed areas, Councilor Holmer stated that he has been attempting to provide service to those annexed properties contiguous to Ward 5. He said he was informed by Karen Goldman that no official representation is possible until the ward boundaries are changed by ordinance. MINUTES--Eugene City Council February 8, 1984 Page 2 e e e F. Presentation of Willard Con~unity School Almanac Five students from the Willard Community School presented almanacs to Mayor Keller, the City Council, and the City Manager. The students stated that they were selling the almanacs to raise money to fund after-school activities. G. Appointments 1. Mayor's Appointments to Various Boards, Commissions, and Committees The Mayor noted he had made the following appointments: Spay/Neuter Clinic Advisory Committee Dick Hansen, John Ball Community Goals Committee Freeman Holmer Metropolitan Wastewater Management Commission Betty Smith 2. Mayor's Nominations to Various Boards, Commissions, and Committees Mr. Obie moved, seconded by Ms. Wooten, to approve the following nominations: Joint Parks Committee Steven Alberty, 2022 W. 26th Place, term to expire Jan. 1, 1985 Carroll Fentress, 3883 Blanton Road, term to expire Jan. 1, 1988; Michael Fox, 330 N. Adams Street, term to expire Jan. 1, 1988; Jennifer King, 1870 E. 27th Avenue, term to expire Jan. 1, 1988; William Korns, 1935 Orchard Street, to fill unexpired term of Suzanne McRobert ending Jan. 1, 1987 John Vlazny, 2525-1/2 Kincaid, term to expire Jan. 1, 1988 Performing Arts Commission Public Solicitations Committee Sign Code Board of Appeals Sam Frear, 4734 Brookwood, term to expire Jan. 1, 1987 The motion carried unanimously, 7:0. 3. Council Subcommittee Nominations to the Human Rights Commissions Ms. Wooten said she liked the interview process used and felt it improved the communication between the council and the cowmissions. Mr. Obie moved, seconded by Ms. Wooten, to approve the following nominations: MINUTES--Eugene City Council February 8, 1984 Page 3 To the Women1s Commission e As Members Ann Bunnenberg, 2902 Metolius, term to expire Jan. 1, 1987 Adeline Brunner, 3966 West Amazon, term to expire Jan. 1, 1987 As Alternates Jamileh Stroman, 2232 Patterson #12 Pamela Leeper, 2815 Tandy Turn Susan Hoyt, 2150 Lincoln Dyan Colven, 355-1/2 E. 15th Avenue #2 To the Aging Comission As Members Donna Payne, 1877 Brewer H-2, term to expire Jan. 1, 1987 Liz Boyington, 1670 Buck, term to expire Jan. 1, 1987 As Alternates LaVonne Stewart, 1324 Sunny Drive Georgia Higgins, 4059 Donald, Apt. D To the Commission on Disabled e As Members H. Marshal' Peter, 815 Almaden, term to expire Jan. 1, 1987 John Barret, 2535 Adams, term to expire Jan. 1, 1987 Patti Dewitz, 1430 Olive #2, term to expire Jan. 1, 1985 As Alternate Gigi Aaron, 770 East 38th Avenue To the Youth Commission As Members Jeff Budd, 1043 Jackson, term to expire Jan. 1, 1987 Scott Seibert, PO Box 215, term to expire Jan. 1, 1987 Rhonda Smith, 2335 Adams, term to expire Jan. 1, 1987 As Alternates Debra Jean Cook, 855 West 24th Avenue Susan Peck, 2040-A Emerald Mary Ann Holzer, 2620 Cresta de Ruta - MINUTES--Eugene City Council February 8, 1984 Page 4 To the Commission on Minorities e As Members Tigre Tividad, PO Box 1616, term to expire Jan. 1, 1987 James Campbell, 365 River Road, term to expire Jan. 1, 1987 Linda French, 2244 Jefferson, term to expire Jan. 1, 1987 The motion carried unanimously, 7:0. 3. Ballot for Interviewees for City Council Seat for Ward 3 Mayor Keller suggested that each councilor ballot for three individuals. 'Ms. Schue suggested that the council interview all five individuals. Mayor Keller said it is important that whoever is appointed should be prepared to campaign and be elected. He said indications are that one applicant has no desire to do so. Mr. Obie said he preferred to interview fewer people so that more time can be spent with those individuals. Ms. Wooten said she would prefer to interview all five applicants, but not less than three. She did not feel that it was a criterion for office that the individual be willing to run for election. Mayor Keller said it is inappropriate to have staff spend three months working with an individual for only a limited term on the council. Ms. Wooten suggested that the council remain open to all the applicants. Mr. Obie suggested that the councilors ballot for those applicants they wish to interview and then the council can choose those applicants with the majority of the ballots. Ms. Schue said she was comfortable with Mr. Obie's suggestion with the clarification that no assumption of ranking in the listing of applicants be made by staff. The councilors then submitted their ballots to the City Manager. e II. ROUTINE ITEMS FOR COUNCIL APPROVAL A. City Council minutes of January 9, 1984, and January 11, 1984, Special Meeting of January 23, 1984, and Legislative Subcommittee minutes of January 30, 1984 (minutes distributed) Mr. Obie moved, seconded by Ms. Wooten, to approve the City Council minutes of January 9, 1984, January 11, 1984, and January 23, 1984, and the Legislative Subcommittee minutes of January 30, 1984. Roll call vote; the motion carried unanimously, 7:0. B. Improvement petition for sewers in Bertelsen Road (assessable costs: sewers--total square footage, 708,000 feet/square footage petitioned, 66,300 feet, 10%; City cost--trunk sewer, $17,500 and deferred assess- ments, $20,500) Res. No. 3830--A resolution authorizing sanitary sewers in Bertelsen Road from 300 feet south of 18th Avenue to Bailey Hill Road (1922). - Mr. Obie moved, seconded by Ms. Wooten, to adopt the resolution. Roll call vote; the motion carried unanimously, 7:0. MINUTES--Eugene City Council February 8, 1984 Page 5 e III. CODE AMENDMENTS CONCERNING PARKING (memo, ordinances distributed) City Manager Micheal Gleason introduced the agenda item. Assistant Parking Administrator Jarvia Shu presented the staff report, stating that the revisions being made are to clarify terminology used in the ordinances and to reaffirm past practices. She said that the ordinances will not result in any practice or procedural changes. She reviewed the proposed changes as outlined in the February 1, 1984, memorandum from Acting Public Works Director Don Gilman to the Assistant City Manager. In response to a question, City Attorney Tim Sercombe stated that the emergency clauses are to give an immediate effect to the ordi- nances which would clarify any ambiguity that might exist in the issuance of parking citations during the next 30 days. CB 2716--An ordinance concerning parking citations; amending sections 2.770 and 5.275 of the Eugene Code, 1971; and declaring an emergency. CB 2717--An ordinance concerning parking facilities; amending section 5.540 of the Eugene Code, 1971; and declaring an emergency. Mr. Obie moved, seconded by Ms. Wooten, that the bills be read the second time by council bill numbers only, with unanimous consent of the Council, and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 7:0. Council Bills 2716 and 2717 were read the second time by council bill numbers only. ~ Mr. Obie moved, seconded by Ms. Wooten, that the bills be approved and given final passage. Roll call vote; all councilors present voting aye, the bill was declared passed (and became Ordinance No. 19219 [CB 2716] and Ordinance No. 19220 [CB 2717J). IV. DESIGNATION OF ALCOHOLIC BEVERAGE CONSUMPTION AREAS IN PARKS (memo, ordinance, background information distributed) City Manager Micheal Gleason introduced the agenda item. Parks and Recreation Director Ernie Drapela presented the staff report. He stated that in 1979 the City Council adopted certain sections of Chapter 2 in the Eugene Code which provide that Park rules and regulations be adopted by administrative authority. He said that Park rules were adopted that same day, in accordance with Section 2.813 (2), which provided an immediate effective date for those rules. He said the rules were published and distributed. In view of the interest of the public in the park rules and the addition of Alton Baker Park to the Parks rules administration, Mr. Drapela said a copy of the rules was submitted to the City Attorney's Office for review. He said the City Attorney recommended that Section 4.190 be deleted due to its conflict with the intent of the rules provided by administrative authority. This would allow the Code language on alcoholic beverage consumption to be corrected and incorporated in the new publication of the Parks rules. He said the current language will remain in effect, with the addition of Alton Baker Park. He then reviewed the addition e MINUTES--Eugene City Council February 8, 1984 Page 6 - e - .~ . to the Parks rules covering consumption of alcoholic beverages in certain buildings and structures. He said the new language was reviewed and approved by the Joint Parks Committee at its January meeting. In response to a question, Mr. Drapela stated that some posting of areas where alcohol consumption is allowed has occurred and that more extensive posting will be performed upon the approval of the proposed rules. Mr. Hansen stressed that the rule must be made clear in the various parks. In response to another question, Mr. Drapela said that the section could be interpreted such that the Parks Director or the City Manager could temporarily suspend the rules, but he added that the City has not chosen to do so. City Attorney Tim Sercombe said that a Parks rule would have to be adopted to allow for that suspension. He said that alcohol consumption is allowed only as authorized by a Parks rule under Section 4.190. Ms. Wooten stated that alcohol consumption is not currently allowed on the downtown mall but events may arise when some groups choose to do so, such as in the Eugene Celebration. Mr. Gleason said a rule consistent with OLCC regulations would be promulgated to meet that situation. Mr. Drapela commented that emergency authority exists under Section 2.813 (1) to allow alcohol consumption in specific areas. In response to another question, Mr. Drapela said that University Park is addressed by the proposed language. Mr. Holmer said he will vote to support the ordinance, but he expressed his concern with the lack of definition of "center supervisor" and "special authorization." Mr. Gleason said he will study the administrative regulations to clarify the issue. CB 2718--An ordinance concerning park areas; amending Sections 4.105 and 4.190 of the Eugene Code, 1971; and declaring an emergency. Mr. Obie moved, seconded by Ms. Wooten, 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; the motion carried unanimously, 7:0. Council Bill 2718 was read the second time by council bill number only. Mr. Obie moved, seconded by Ms. Wooten, that the bill be approved and given final passage. Roll call vote; all councilors present voting aye, the bill was declared passed (and became Ordinance No. 19221). V. JOBS TRAINING SERVICE DELIVERY AREA MERGER (memo, background information distributed) City Manager Micheal Gleason introduced the agenda item. Eugene Job Training Center Manager Lee Beyer presented the staff report, reviewing the February 1, 1984, EDD memorandum to the City Council. He stated that one condition of the designation as a service delivery area is that Eugene and Lane County discuss a merger. Mr. Beyer said that the EPIC and the Lane PIC have met and discussed MINUTES--Eugene City Council February 8, 1984 Page 7 - e e possible goals of such a merger. He said staff has prepared a list of seven objectives, the main focus of the objectives being that Eugene continue its involvement in the Jobs Training Program. He said staff is requesting that the council approve or amend the objectives and direct staff and the EPIC to continue to work toward a merger. He stated that Mr. Ball is the council representative to the EPIC and has reviewed the objectives. In addition, Mr. Beyer said the JCED has reviewed, and generally agrees with, the objectives. In response to a question on Objective 3, Mr. Beyer said the discussion of the PIC's has been to have a partnership on an equal basis rather than on a representational basis. Ms. Schue questioned why equal weight should be given to the Cities of Eugene and Springfield. Mr. Gleason said the people on the PIC are not confined to the service delivery area; therefore, some overlap does occur. He said the actual representational split is a metropolitan focus and a balance of county (rural) focus. He said that it is really a metropolitan issue as opposed to the City of Eugene or Springfield. He added that there is a distinction between the metro- politan and the county foci and needs. Mr. Ball said the lines are indistin- guishable in determining jOb training strategy in the metropolitan area and that the rural/urban dichotomy is more important. He stated that there is no longer a council representative on the EPIC and that he sits on the commission as a business person. Mr. Ball felt the process has been encouraging and that room exists for consolidation of services. He said the PIC's and the staffs have been working together successfully toward the merger. Mr. Obie moved, seconded by Ms. Wooten, to approve the merger objectives as presented and to direct staff to forward the objec- tives on to the PIC's and to proceed with merger discussions. Roll call vote; the motion carried unanimously, 7:0. Mr. Gleason said a key ingredient will be how tightly the merger is tied to the economic agenda, stating that the PIC's and the old CETA program had previously failed because the program did not relate to the jobs being created. He said this will form the metropolitan focus of the program. VI. RESULTS OF BALLOTING FOR INTERVIEWEES TO FILL CITY COUNCIL SEAT Mayor Keller announced the following results of the balloting to select inter- viewees to fill the City Council seat for Ward 3: Joyce Nichols 7 Paul Gilbertson 6 Debra Ehrman 5 David E. Munz 2 George V. Stathakis 2 Mayor Keller recommended that interviews be scheduled for the three individuals who received the most votes. MINUTES--Eugene City Council February 8, 1984 Page 8 e e e Mr. Obie moved, seconded by Ms. Wooten, that the City Council interview Paul Gilbertson, Debra Ehrman, and Joyce Nichols for 30 minutes each, beginning at 7 p.m., February 15, 1984, in the McNutt Room (later, the council decided to hold these inter- views at 5:30 p.m.). In response to a question, Mr. Gleason stated that the official voting for the council seat will take place at the February 22, 1984, City Council meeting. Roll call vote; the motion carried unanimously, 7:0. VII. ADDITIONAL ITEMS FROM THE COUNCIL Councilor Hansen stated that the Supplemental Budget will deal with the replace- ment of dishes and other utensils used in the Conference Center. He asked that staff provide an update on the contract the City has with the Hilton Hotel in this regard. City Manager Mike Gleason stated that he would furnish the council with a review of the contract. Councilor Wooten asked for clarification as to the division of responsibility for the Conference Center between the City of Eugene and the Hilton Hotel. She said that a great deal of confusion by the public exists as to what is allowed by the City and the regulations by the Hilton for the rooms they handle. She would like some guidance. In response to a question, Mr. Gleason stated that a formal meeting will be scheduled for consideration of the Hult Center management study. He said his expectation is that the study will be discussed at a dinner session. The meeting was adjourned at 1 p.m. Respectful ~.z:~~~ - t;~;:f\J/ ..;7 ~?/?/~_R ~ Micheal D. Gleason City Manager ~ (Recorded by Thom Strunk) TS:vr/CM7b1 MINUTES--Eugene City Council February 8, 1984 Page 9