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HomeMy WebLinkAbout07/11/1984 Meeting , ~ M I NUT E S e Eugene City Council City Council Chamber July 11, 1984 Noon COUNCILORS PRESENT: Brian Obie, Cynthia Wooten, John Ball, Debra Ehrman, Richard Hansen, Freeman Holmer, Emily Schue COUNCILORS ABSENT: Betty Smi th The adjourned meeting of the City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor Gus Keller. 1. ITEMS FROM MAYOR & COUNCIL, APPOINTMENTS, ANNOUNCEMENTS, AGENDA ADJUSTMENTS A. Reque'st for Update on PCB Spi 11 Councilor Wooten asked staff to present an update on the monitoring of the PCB spill which had occurred in West Eugene and the status of any action on the - development of a hazardous toxic waste policy. City Manager Micheal Gleason responded that he had asked the Public Works Department to perform some addi- tional work on the report to be presented to the council. He sta ted tha t he would later inform Ms. Wooten when the report would be presented. B. International Society of Music Educators Annual Conference Councilor Holmer said the council should recognize that the International Society of Music Educators presently in Eugene was providing a variety of musical programs. He stated that he and his wife had hosted the conductor of the Lieksa Wind Orchestra from Finland which was performing that evening and at noon on July 12 at the Silva Concert Hall in the Hult Center. He stated that he had attended several concerts the previous evening, and he encouraged the other councilors to take advantage of the musical programs. Mayor Keller added that he had enjoyed the opening session of the annual conference. He stated that Eugene will have enjoyed a great variety of programs by the end of the summer. C. Appointments 1. Mayor's Recommendation of Council Committee Assignments for Councilor Ehrman (memo distributed) 2. Mayor's Nomination to Metropolitan Wastewater Management Commission (memo distributed) 3. Council Appointment to the Metropolitan Area Policy Advisory Commi ttee "e MINUTES--Eugene City Council July 11, 1984 Page 1 Councilor Obie stated that he and Councilor Wooten had interviewed three e applicants for the one position on the Metropolitan Area Policy Advisory Commit- tee and were recommending that the council appoint Gerry Gaydos, 2227 Fairmount Boulevard, to fill the vacancy. Mr. Obie moved, seconded by Ms. Wooten, to approve the following appointments: Appointment of Debra Ehrman to Boards/Commissions/Committee: Affirmative Action Task Force Budget Committee City Council Community Development Goals Subcommittee Community Development Committee (alternate) Community Goals Committee (alternate) Emerald Canal Task Force Eugene Private Industry Council (alternate) Joint Social Services Budget Subcommittee Lane Regional Air Pollution Authority Legislative Subcommittee (alternate) Lenders Task Force Vagrancy Task Force Appointment to MWMC Emily Schue to the Metropolitan Wastewater Management Commission e to replace Betty Smith who is resigning her position as Councilor as of August 1, 1984. Appointment to MAPAC Gerry Gaydos, 2227 Fairmount Boulevard, to the Metropolitan Area Policy Advisory Committee to fill the unexpired term of Jeff Wilson ending June 30, 1987. Roll call vote; the motion carried unanimously, 7:0. II. ROUTINE ITEMS FOR COUNCIL APPROVAL A. City Council Minutes of June 11, June 18, June 20, and Joint City Council/Planning Commission minutes of June 13, Work Session minutes of June 19, 1984 (minutes distributed) Mr. Obie moved, seconded by Ms. Wooten, to approve the City Council minutes of June 11, June 13, June 18, June 19, and June 20, 1984. Roll call vote; the motion carried unanimously, 7:0. e MINUTES--Eugene City Council July 11, 1984 Page 2 B. Call for Public Hearing re: Alley Vacation at 2055 Patterson (Gill and Peting) (AV 84-1) (map distributed) e CB 2758--An ordinance calling for a public hearing for August 15, 1984, to consider an alley vacation at Eugene Family YMCA, 2055 Patterson. 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 2758 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. 19263). III. RESOLUTION CONCERNING 10TH AND OAK ASSESSMENT DISTRICT--APPLICATION OF REMAINING FUNDS (memo, resolution distributed) City Manager Micheal Gleason introduced the agenda item. He stated that the resolution would formally reaffirm the City Council decision made on June 25, 1984, regarding the distribution of 10th and Oak Overpark funds. He stated that staff was present to answer any questions of council. e Res. No. 3868--A resolution authorizing that 10th and Oak Overpark special benefit assessments be extinguished and adjusted. Mr. Obie moved, seconded by Ms. Wooten, to adopt the resolution. Roll call vote; the motion carried unanimously, 7:0. IV. ROOSEVELT BOULEVARD PAVING PROJECT FROM BERTELSEN ROAD TO MAPLE STREET (memo, map, findings distributed) City Manager Micheal Gleason introduced the agenda item. City Engineer Bert Teitzel presented the staff report, explaining that the Roosevelt Boulevard Paving Project was a State project using Federal and State funds and that council approval of the improvement was required prior to the assessment of costs. Mr. Obie moved, seconded by Ms. Wooten, to adopt the findings as prepared by staff. In response to a question by Councilor Wooten, Mr. Teitzel explained that the Federal Aid Urban funds were allocated to the project based on priorities set by L-COG in the Capital Improvement Project adopted annually by the City Council. He explained that the Roosevelt Boulevard project was currently the - MINUTES--Eugene City Council July II, 1984 Page 3 counci1's first priority for such funds and that other projects included in e the first half of the project were the continuation of the project to Highway 99 and a computerized signal system for the entire city. In response to another question by Councilor Wooten, Mr. Teitze1 explained that Franklin Boulevard was a State highway so that any construction would be a State project and would not be performed under FAU funding. Roll call vote; the motion carried unanimously, 7:0. V. ORDINANCE CONCERNING STATE REVENUE SHARING FUNDS (memo, ordinance distributed) City Manager Micheal Gleason introduced the agenda item. He explained that the council was required to formally adopt an ordinance in order to receive the City's portion of the Alcohol Tax funds. He stated that staff was available to answer any questions of the council. CB 2759--An ordinance electing to receive State Revenue-Sharing Funds pursuant to Oregon Revised Statutes (221.770), 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. e Council Bill 2759 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. 19264). VI. ORDINANCE RE: NEW FLYING SERVICE LEASE AGREEMENT (memo, ordinance distributed) City Manager Micheal Gleason introduced the agenda item. Director of Aviation Bob Shelby presented the staff report, reviewing his July 2, 1984, memorandum to the City Manager. He said the Airport Commission was recommending that the council accept the proposal submitted by H. M. Ruberg. He stated that the City Attorney's Office had prepared an ordinance reflecting that recommendation. CB 2760--An ordinance authorizing execution of full-service fixed-base operator lease with H. M. Ruberg. 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 2760 was read the second time by council bill number only. e MINUTES--Eugene City Council July 11, 1984 Page 4 Mr. Obie moved, seconded by Ms. Wooten, that the bill be e approved and given final passage. Roll call vote; all councilors present voting aye, the bill was declared passed (and became Ordinance No. 19265). VII. BALLOT MEASURE NO. 2--CONSTITUTIONAL REAL PROPERTY TAX LIMITATION (memo distributed) City Manager Michea1 Gleason introduced the agenda item. Finance Director Warren Wong presented the staff report, briefly reviewing his June 21, 1984, memorandum to the City Council which summarized the content of the proposed property tax limitation measure and the current steps being taken by the City to determine the possible impact of the measure. He said the preciseness of the estimated $11 to $17 million loss in current property tax revenue would be refined after the receipt of the State Attorney General's opinion on the ballot measure. He stated that a staff task force, headed by Susy Wagner of Risk Management and including representatives from the City Manager's Office, Personnel, Intergovernmental Relations, and the three major employee bargaining units, will be preparing a work plan for implementation of the ballot measure if passed and a public information program for staff, the council, and the general public. He explained that all financial decisions will be processed through the Budget Review Team to the City Manager and executive staff. He said a report addressing the fiscal and service implications of the ballot measure will be presented to the Budget Committee on September 11, 1984. e Councilor Obie said he was concerned with the pOSSible impact of the proposed ballot measure on the community. He stated that the community had strongly rejected a similar measure in the past. He asked whether the proposed measure met all legal requirements for placement on the November ballot and whether the use of paid individuals to solicit petition signatures was allowed under an interpretation by the State Attorney General or by a court order. City Attorney Tim Sercombe responded that a Federal Court had ruled that the prohi- bition against paid petition circulators was unconstitutional, resulting in subsequent changes to the Secretary of State regulations regarding that issue. In response to the question regarding the legal sufficiency of the proposed measure, Mr. Sercombe stated that his office had not received any data on whether the signature verification process was warranted; however, he said a significant legal issue existed in that the measure included two separate measures--the Social Security aspect and the property tax limitation. In response to another question by Councilor Obie, Mr. Sercombe stated that either the Finance or City Attorney's Office could determine the breakdown of petition signers by county, but he was unsure whether the signature verifica- tion process would include that information. He said his office had been monitoring the dual measure issue since the petition was first circulated. He said staff was trying to determine what type of advocacy positions were being taken by the proponents of the two measures, explaining that the State Consti- tution prOhibited two different measures being part of one measure to be voted on by the people. He stated that this issue was being investigated by the State Attorney General's Office and the teacher's union. e MINUTES--Eugene City Council July 11, 1984 Page 5 In response to a question by Mayor Keller, Mr. Wong stated that the property e tax limitation and assessed value provisions would become effective on July 1, 1985, while the remaining provisions would become effective immediately fOllowing the passage of the measure. He explained that the assessed property value would go to the FY81 level and then be adjusted for a two-percent growth for each year. He added that any construction performed after 1981 would be adjusted based on FY81 estimated costs. In response to another question by Mayor Keller with regard to the estimated loss of revenue, Mr. Wong stated that 50 percent of the the current General Fund budget was $20 million in property taxes. He said the range in the estimated loss reflected the extremes of how the tax limitation could be applied. In response to another question by Mayor Keller, he said that the State Legislature could cover the possible shortfall if it took action to implement a new tax by July 1, 1985; however, he said that any traditional type of tax had a lengthy implementation period. Mr. Gleason added that the State would probably focus on the effect of the measure on school systems, thus leaving the cities and counties to their own devices in dealing with the impact. Councilor Schue, referring to Item 6 in the memorandum~ asked if the 50 percent turnout for any local election also applied at the state level. Mr. Wong responded that this issue was also being investigated by the State Attorney General. Councilor Holmer commented that the City should not depend on assistance from the State Legislature because the emergency clause could not be included in any revenue measure and the referendum policy would schedule any measure for the Spring 1986 election. Councilor Obie agreed that the community must realize e that it should not depend on the Legislature for a solution to the proposed measure. Responding to the comments of Mayor Keller, he said the impact of the ballot measure on the University of Oregon would permanently damage the University and would result in a greater exodus from a community that was already economically damaged. He stressed that the citizens of Eugene must realize that their participation would greatly affect the outcome of the election. Mr. Gleason commented that $11 million was equivalent to approximately 400 City employees. He did not foresee how staff could make the City system work under such a constraint. He said a special session of the City Council would be called to possibly cut whole programs to save the public safety system if the measure passed. He added that the $11 million estimated loss would not be easily replaced by another revenue source. Councilor Obie said the council must work to understand the possible damage that would be done to the community by the proposed measure, to include working with other groups that would be affected, as well as discussing what actions should be taken should the measure pass. Councilor Schue felt that Mr. Obie's comments were appropriate in that the council must presently address the issue and inform the public of the possible effects on City services. While she recognized the limitations placed on public employees with regard to working to oppose ballot measures, she said those limitations did not apply to the councilors. Mayor Keller agreed that the council should e MINUTES--Eugene City Council July 11, 1984 Page 6 not publicize the possible effects of the measure as a threat to the community; e he sai d the communi ty shoul d simply be informed of the facts. He sa i d he felt frustrated in that both the council and the legislature had failed to solve the economic problem presented by the community several years ago. He stressed that the council must develop an alternative to property taxes to fund local government and schools. He agreed that the council must discuss the possible effects of the ballot measure. In response to a question by Councilor Wooten regarding the defeated sales tax measure, Mr. Gleason explained that the expenditure limitation passed while the limitations on taxes which the City could impose had failed with the sales tax measure. He stated that Oregon cities have three separate limitations placed on them to complicate any revenue plan. Councilor Wooten asked if the councilors were limited in any effort to form an alliance of local individuals working to defeat the ballot measure if they did not expend any public funds. Mr. Sercombe stated that the council was limited by the Public Meetings Law in terms of meeting with other individuals as a collective body. In regards to the limitations on spending funds, he said the council was not limited in its private capacity but was limited as a public body. Councilor Holmer commented that the councilors acting as individuals in forming a pact among three public bodies could avoid certain legal obstacles. Mr. Sercombe stated that he was not aware of the intricacies involved in pact law but that staff could study the issue if directed. He stated that some limitations existed with regard to the reasons for the formation of the pact and the members of the pact. e VIII. RIVERFRONT PARK STUDY TASK FORCE Mayor Keller presented a list of suggested members for the Riverfront Park Study Team. The creation of a study team was previously approved by the council as part of the study program. Councilor Obie reviewed the list of individuals. Mr. Obie moved, seconded by Ms. Wooten, to approve the following appointments to the Riverfront Park Study Team: Cynthia Wooten, chair 966 Jackson Street Roger Rutan 2323 Panorama Drive Don Gena sci 980 East 19th Avenue Barbara Edwards Johnson Hall, University of Oregon Dennis Solin 2133 Centennial Plaza Leslie Pearson 1853 Garden Way Richard Chambers 1819 Garden Way George Crispin PO Box 5346, Salem Dave Pedersen PO Box 10543 Dick Hersch 125 Chapman Hall, University of Oregon Dave Reinhard Public Works Department, City of Eugene Deborrah Brewer PO Box 10148 Da ve Rowe 1295 Franklin Boulevard Roll call vote; the motion carried unanimously, 7:0. e MINUTES--Eugene City Council July 11, 1984 Page 7 IX. EUGENE CELEBRATION NEWS CONFERENCE e Councilor Wooten invited the council to attend a news conference for the Eugene Celebration to be held on the downtown mall at 9:30 a.m. on July 18, 1984. She added that she will be presenting an update on the Eugene Celebration to the council at its Wednesday meeting on that date. The meeting was adjourned at 12:35 p.m. to July 18, 1984. Respectfully . - ~'Gleason - City Manager {Recorded by Thorn Strunk} MDG:TS:pv/CM23a11 e e MINUTES--Eugene City Council July 11, 1984 Page 8