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HomeMy WebLinkAbout06/11/1990 Meeting (2) e e e M I NUT E S Eugene City Council Council Chamber--Eugene City Hall June 11, 1990 7:30 p.m. COUNCILORS PRESENT: Emily Schue, Robert Bennett, Ruth Bascom, Shawn Boles, Debra Ehrman, Bobby Green, Freeman Holmer, Roger Rutan. \ '~~UNCILORS ABSENT: Mayor Jeff Miller. The regular Eugene City Council meeting was called to order by Council President Emily Schue. I. PUBLIC FORUM Henry Rust, 505 Wimbledon Court, spoke as a representative of the Kakegawa Sister City Committee. He introduced members of the marathon team who competed recently in Kakegawa. Ms. Schue acknowledged the importance of the Sister City program and expressed appreciation to citizens who participate. Pat Langan, 1134 Sheraton Drive, identified himself as a property owner who would benefit if the council awards a contract for paving and sewering in his area at its June 25 meeting. Ms. Schue explained that the Hearings Official will determine whether the right-of-way acquisition needed for the project to move forward will occur and said Mr. Langan should provide his testimony at that public hearing. Mr. Gleason added that the council would receive a written summary of that testimony as background information when it considers awarding the contract. An appeal of the Hearings Official's decision would be to the Planning Commission. II. CONSENT CALENDAR A. Approval of Council Minutes of March 12 and May 9, 1990 B. Resolutions Calling for Public Hearings to Consider Proposed Withdrawal of Recently Annexed Properties from Water and Park Districts Res. No. 4182--A resolution calling for a public hearing to MINUTES--Eugene City Council June 11, 1990 Page 1 e ~ consider proposed withdrawal of territory (River Road Church of Christ, EC EU 90-6) from River Road Water District and River Road Park and Recreation District. Res. No. 4183--A resolution calling for a public hearing to consider proposed withdrawal of territory (Tuski, EC EU 90-9) from River Road Water District and River Road Park and Recreation District. Res. No. 4184--A resolution calling for a public hearing to consider proposed withdrawal of territory (Klemp, EC EU 90-4) from Santa Clara Water District. Res. No. 4185--A resolution calling for a public hearing to consider proposed withdrawal of territory (Henson, EC EU 90-7) from Santa Clara Water District. e c. Resolution Authorizing the Issuance of Bancroft Bonds Res. No. 4187--A resolution authorizing the issuance and sale of General Obligation Improvement Bonds, Series 1990-M, in an amount not to exceed $1,500,000, for the purpose of financing local improvements. Mr. Bennett moved, seconded by Mr. Holmer, to approve the items on the City Council Consent Calendar. Roll call vote; the motion carried unanimously. III. REPORT FROM SKATEBOARD TASK TEAM City Manager Mike Gleason introduced the topic. Ernie Drapela, Parks, Recreation and Cultural Services Department, reviewed the council's direction to staff on the skateboarding issue and how the issue was processed to result in the report before the council. Task team chair Donna Neal described the report as an example of cooperative problem-solving. She pointed out a number of young people who were in the audience to indicate their support of the report and requested that the council adopt the proposal and direct staff to pursue its implementation. Cheryl Zwillinger, member of the Youth Commission, introduced Aaron Lacy, an 8th grade student at Spencer Butte Middle School who won the design competition for a mini-street skateboard course. e MINUTES--Eugene City Council June 11, 1990 Page 2 e e e John Etter, Parks, Recreation and Cultural Services Department, showed councilors a drawing of the winning design. Mr. Lacy described its features. Mr. Etter noted that the City's Risk Manager was consulted and wa$~co~fortable with the proposal. Answering questions, Mr. Etter said the course would have a concrete surface and its deepest place would be three feet below its rim, but other details remain to be worked out. Mr. Etter did not envision the course being hazardous enough to require that protective gear be worn by users. In an effort to locate the initial facility in a park near the design winner's school, Amazon Park is being considered as a likely site, with Bethel as the probable location of a second course. Mr. Green commended Mr. Lacy for his design effort. Mr. Boles regarded the proposal as a confirmation of the strength of the public design process. Ms. Zwillinger reported on the funding strategy included in the proposal. Community donations committed so far represent approximately one-third of the project's total cost, with additional requests for support pending (a mini-course is estimated at $6,000-$8,000). She mentioned grant applications and fund-raising events as additional possible sources of funding. She asked the council to commit to the construction of two mini-courses in summer 1990 at a total estimated cost of $12,000, to come from contingency funds. In addition, Ms. Zwillinger requested the commitment of a total of $75,000 from future capital budgets over the next two years for construction of the remaining proposed facilities. Mr. Bennett moved, seconded by Mr. Holmer, to direct staff to bring a recommended project location, budget, and funding source back to the council within 30 days. Mr. Bennett moved, seconded by Mr. Holmer, to accept the Planning Commission's recommendation to proceed with planning and, subject to available funding and other priorities, construction of eight street skateboard mini-courses, one centralized skateboard complex, and one indoor (or covered) skateboard ramp. Mr. Holmer observed that skateboarding appears to be a male-dominated sport. Ms. Neal responded that the development of safe locations should attract a younger and more broadly representative population to the sport. Mr. Holmer continued to be concerned with the dangers of the sport and the City's risk liability. Mr. Etter viewed the proposed facility as relatively safe. Mr. Bennett concurred with Mr. Boles' and Mr. Green's earlier comments praising the design process and said he fully and enthusiastically supported the development of skateboarding facilities. In response to questions from Ms. Ehrman, Mr. Etter described skateboarding as a sport with long-term appeal and explained that the number of proposed facilities coincides with the number of Eugene area middle schools. To Ms. Ehrman's further questions, Public Works Director Christine Andersen said the City has undertaken a number of projects that combined donations, volunteer MINUTES--Eugene City Council June 11, 1990 Page 3 e e - effort, and City staff work. More thorough study of this particular project will determine whether a contracted process or City staff support is most appropriate. Complimenting the involved parties for their cooperation, Mr. Green noted that he shares Mr. Holmer's concern regarding the liability issue. Bill Gary, City Attorney's Office, said the question that must be evaluated is the likelihood of an injured party being able to hold the City liable for negligence as a result of the injury. As long as the facility is designed is such a way that it does not create unreasonable risks of harm, and is maintained so that hazards that one could not reasonably see are not present, the risk is no greater than that of other situations in which equipment is made available to the public. The Risk Manager's assessment that the level of risk is acceptable recognizes that comparable level of risk. Roll call vote; the motions carried, 7:1, with Mr. Holmer voting nay. IV. PUBLIC HEARING: REVISIONS TO SKATEBOARDING ORDINANCE--CITY CODE 5.450 City Manager Mike Gleason introduced the topic. Sergeant Tim McCarthy, Public Safety Department, reported that the proposed revision provides definition of the mall area where skateboard use is prohibited and adds a section prohibiting skateboards from using public roadways reserved for motor vehicle traffic. Mr. Gary pointed out that under the proposed revisions, skateboarding would continue to be permitted in bicycle lanes, but in those places where bicycle lanes are not provided and bicycles are permitted to use traffic lanes, skateboards would not be permitted. Both pedestrians and skateboards could cross traffic lanes at right angles anywhere between the crosswalks. Ms. Bascom was interested in whether conflict will develop in bicycle lanes in busy corridors. Sergeant McCarthy said that there have been very few citations issued since the ordinance was enacted. Council President Schue opened the public hearing. M.V. Lazar, 57 West Broadway, had requested to speak but was no longer present. There being no additional requests to speak, Ms. Schue closed the public hearing. CB 4223--An ordinance concerning skateboards, amending Section 5.450 of the Eugene Code, 1071; and declaring an emergency. MINUTES--Eugene City Council June 11, 1990 Page 4 e Mr. Bennett moved, seconded by Mr. Holmer, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 8:0. Mr. Bennett moved, seconded by Mr. Holmer, 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. 19693). V. RATIFICATION OF METROPOLITAN WASTEWATER MANAGEMENT COMMISSION BUDGET City Manager Mike Gleason introduced the topic. Warren Wong, Administrative Services Director, explained that the three governing bodies making up the Metropolitan Wastewater Management Commission (MWMC) need to ratify the proposed budget prior to the start of FY91. The City of Eugene has three representatives on the commission, including Councilor Bennett. Mr. Bennett moved, seconded by Mr. Holmer, to ratify the FY91 budget for the Metropolitan Wastewater Management Commission. Roll call vote; the motion carried unanimously, 8:0. - VI. PUBLIC HEARING: ORDINANCE ADOPTING SUPPLEMENTAL BUDGET NO.3 FOR THE CITY OF EUGENE Mr. Wong explained that this budget was approved by the Budget Committee May 8. An amendment should be made to transfer $5,000 from General Fund Contingency to the PARCS Department for a contract for services with the Oregon Track Club. Answering an inquiry from Mr. Boles, Mr. Wong said that money should be appropriated this fiscal year because it applies to activities which take place in FY90. Money identified for returned Peace Corps volunteers is included in this budget. Council President Schue opened the public hearing. There being no requests to speak, the public hearing was closed. CB 4224--An ordinance adopting a supplemental budget; making appropriations for the City of Eugene for the fiscal year beginning July 1, 1989, and ending June 30, 1990; and declaring an emergency. Mr. Bennett moved, seconded by Mr. Holmer, that the bill, amended to include moving $5,000 from the General Fund Contingency to the Parks, Recreation and Cultural Services Department for a contract with the Oregon Track Club, with unanimous consent of the council, be read the second time by e MINUTES--Eugene City Council June 11, 1990 Page 5 e council bill number only, and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 8:0. Mr. Bennett moved, seconded by Mr. Holmer, 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. 19694). Council President Schue adjourned the meeting of the Eugene City Council and convened a meeting of the Urban Renewal Agency. VII. PUBLIC HEARING: RESOLUTION ADOPTING SUPPLEMENTAL BUDGET NO.3 FOR THE URBAN RENEWAL AGENCY Mr. Wong reported that the Budget Committee approved this supplemental budget May 8. e Council President Schue opened the public hearing. W. J. Mason, 1803 West 34th Avenue, distributed written information to councilors and described the matter before the council as an example of abuse of the public process. Referring to a February 27, 1990, Downtown Commission meeting, Mr. Mason questioned staff's request for a supplemental budget of $25,000 for light poles for the Park Blocks at that time, when the work had been contracted for in January. He requested an explanation of the process of approving a budget after the fact. He also wondered why the lamp posts were still without their tops. There being no further requests to speak, Ms. Schue closed the public hearing. Regarding the lamp posts being placed without their finished tops, Assistant City Manager Dave Whitlow indicated that the equipment had not yet been delivered. Ms. Bascom recalled that the redesign of the Park Blocks had turned out to be more expensive than was originally anticipated and the renewal agency approved an additional $25,000 in order to complete the project. Mr. Gleason added that after the bids came in and the project was known to be more costly, the Downtown Commission supported the request to the Urban Renewal Agency for the additional support. Mr. Boles observed that if the equipment is not delivered, the contract would not be completed and the contractor would not receive payment. Mr. Holmer said the minutes of the Downtown Commission meeting referred to by Mr. Mason indicate that the commission was not involved in the design process for the project but only became involved when more indebtedness was incurred e MINUTES--Eugene City Council June 11, 1990 Page 6 e e e than was projected in the budget. He expressed concern about that lack of earlier involvement. Res. No. 946--A resolution adopting a supplemental budget; making appropriations for the Urban Renewal Agency for the fiscal year beginning July 1, 1989, and ending June 30, 1990; and declaring an emergency. Mr. Bennett moved, seconded by Mr. Holmer, to adopt the resolution. Roll call vote; the motion carried unanimously, 8:0. Council President Schue adjourned the meeting of the Urban Renewal Agency and reconvened the meeting of the Eugene City Council. VIII. RESOLUTION ESTABLISHING A LIBRARY TRUST FUND Mr. Wong reported that this resolution would establish an expendable trust fund for a $20,000 bequest from Hazel Wolf to the library. The principal could be used for library purposes and the library plans to use it for the acquisition of supplies and materials. Res. No. 4186--A resolution establishing a Library Trust Fund. Mr. Bennett moved, seconded by Mr. Holmer, to adopt the resolution. Roll call vote; the motion carried unanimously, 8:0. IX. RESOLUTION ESTABLISHING A STATE SEWER DEFERRAL FUND Mr. Wong asked that this item be combined with the one following in a single vote. X. RESOLUTION ESTABLISHING A CITY SEWER DEFERRAL FUND Mr. Wong told the council that the first resolution would establish a separate special revenue fund to receive and expend money from the State of Oregon State Assessment Loan Fund for sanitary sewer assessment deferrals. The second resolution would establish a City fund to receive and expend money for low-income sewer assessment deferrals. Revenues for the fund will initially be from the disposal of the old Springfield Sewage Treatment Plant. Mr. Wong reiterated that these moneys would be used for assessment deferrals for residents connecting to the sewer system. Res. No. 4188--A resolution establishing a State Sewer Deferral Fund. MINUTES--Eugene City Council June 11, 1990 Page 7 e Res. No. 4189--A resolution establishing a City Sewer Deferral Fund. Mr. Bennett moved, seconded by Mr. Holmer, to adopt the resolutions. Roll call vote; the motion carried unanimously, 8:0. XI. RESOLUTION ESTABLISHING A LOCAL IMPROVEMENT DISTRICT SPECIAL FINANCING FUND e Mr. Wong reported that this fund would receive and expend money from a lottery grant and loan agreement with the State of Oregon. Both grant and loan proceeds are designated for the construction of the Terry Street/Split Flow Channel projects. Responding to a question from Mr. Boles, Mr. Wong explained that the fund was not created at the time acceptance of the State money was authorized and the decision was reached to proceed with construction because it is not customary to establish a fund until receipt of the money is assured. Res. Np. 4190--A resolution establishing a Local Improvement District Special Financing Fund. Mr. Bennett moved, seconded by Mr. Holmer, to adopt the resolution. Roll call vote; the motion carried unanimously, 8:0. XII. PUBLIC HEARING: ORDINANCE CONCERNING FY91 STATE REVENUE SHARING Mr. Wong reported that this ordinance would certify the City's interest in receiving State Shared Revenue while the resolution that follows this item would certify that the City provides four or more eligible municipal services and is therefore eligible to receive its share of State taxes collected on liquor, cigarette, and gasoline purchases. Answering a question from Ms. Bascom, Mr. Wong said that with the exception of the gas tax, the allocations would go to the General Fund and may be used for any legal purpose desired by the City. The gas tax is restricted to road-related activities. Council President Schue opened the public hearing. There being no requests to speak, the public hearing was closed. CB 4225--An ordinance electing to receive State Revenue Sharing funds pursuant to Section 221.770 of Oregon Revised Statutes, and declaring an emergency. Mr. Bennett moved, seconded by Mr. Holmer, that the bill, with unanimous consent of the council, be read the second time by e MINUTES--Eugene City Council June 11, 1990 Page 8 e e e council bill number only, and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 8:0. Mr. Bennett moved, seconded by Mr. approved and given final passage. councilors present voting aye, the (and became Ordinance No. 19695). Holmer, that the bill be Roll call vote; all bill was declared passed XIII. RESOLUTION CONCERNING STATE SHARED REVENUES Res. No. 4191--A resolution certifying that the City of Eugene provides the municipal services required by Oregon Revised Statutes Section 221.760 in order to receive State Shared Revenues, and declaring an emergency. Mr. Bennett moved, seconded by Mr. Holmer, to adopt the resolution. Roll call vote; the motion carried unanimously, 8:0. XIV. PUBLIC HEARING: ORDINANCE ADOPTING CITY OF EUGENE FY91 ANNUAL BUDGET Mr. Wong reported that the Budget Committee approved both the City of Eugene and the Urban Renewal Agency FY91 budgets after a public hearing May 8, 1990. The City's budget has undergone some adjustment since that time, specifically related to reserve for encumbrance items that carry forward outstanding purchase orders and the reserve for capital projects that have been approved for this year but not completed. In addition, the budget recognizes the impact of any annexations to the City's tax base. Mr. Wong noted the addition of two items having to do with social services: one is a $3,000 item for the William Ware Residence and the other is $10,000 for Food for Lane County. The City will contract directly with those agencies rather than running the allocation through the Joint Social Services Fund. Mr. Wong understood these to be one-time allocations that would go through the joint funding process in future years. As a result of the June 5 Budget Committee meeting, the amount for the Eugene/Springfield Convention and Visitors Bureau represents a base increase of $15,000. Another $15,000 will come before the council in a supplemental budget if the growth rate exceeds seven percent. Finally, Mr. Wong said that the budget makes provision for $413,000 for library services, to be funded through the passage of the Lane County Library Levy or through approval of a City levy. If both those levies fail, the manager has been instructed to identify an additional $50,000 to augment the book budget. MINUTES--Eugene City Council June 11, 1990 Page 9 e e e Mr. Green pointed out that Mr. Wong had referred to Food for Lane County as the recipient of an additional $10,000, when in fact that amount was to be allocated to the Community Soup Kitchen. Mr. Wong acknowledged that error. Responding to Mr. Green's further question, Mr. Wong said that mall maintenance is an ongoing addition. Mr. Gleason clarified that the maintenance represents an add-back item reestablishing a program previously reduced. Mr. Holmer requested clarification of the difference between the City contracting directly with social service organizations and allocating funds through the Joint Social Services Fund. Mr. Wong responded that Lane County contracts with the agencies when the joint fund is involved. In the situations referred to earlier, the City will be the primary contractor with the delivering agents. Mr. Boles said his understanding had been that the mall maintenance item would have to compete equally with other requests during the next budget cycle. He also asked that an allocation to WISTEC be flagged as a one-time situation and not an ongoing budget item. Mr. Boles wanted to be sure it was understood that an additional $15,000 for the Convention and Visitor's Bureau must be earned by the bureau. Ms. Bascom reminded councilors that they had decided a discussion of individual councilors' pursuit of additional funds for specific purposes should occur and she asked that questions relating to additional funding for agencies reached by the joint fund should be included in that discussion. She hoped to avoid jeopardizing the joint social services program that has been developed to deal with the individual agencies. Council President Schue opened the public hearing. Larry Williams, 2302 Patterson Street, supported the allocation to the William Ware Residence. He said the agency is aware that this is a one-time, emergency grant and is prepared to address future requests to the joint fund. Don Leslie, 925 Bobolink, spoke as a member of the Halfway House Services board that runs the William Ware Residence. He thanked the council for the one-time allocation in an emergency situation. Randy MacDonald, 3032 Ferry Street, commented on the Budget Committee's recent discussion of the growing deficit. He hoped that a long-term solution would be found and said that lay members on the committee are frustrated by their inability to influence significant budget issues. Acknowledging the council's responsibility for policy decisions, Mr. MacDonald encouraged councilors to initiate a process to discuss the growing gap between revenues and expenditures. There being no additional requests to speak, Council President Schue closed the public hearing. MINUTES--Eugene City Council June 11, 1990 Page 10 e CB 4226--An ordinance adopting the budget, making appropriations determining and levying the annual ad valorem property tax for the City of Eugene for the fiscal year beginning July 1, 1990, and ending June 30, 1991; and declaring an emergency. Mr. Bennett moved, seconded by Mr. Holmer, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 8:0. Mr. Bennett moved, seconded by Mr. Holmer, 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. 19696). Council President Schue adjourned the meeting of the Eugene City Council and convened a meeting of the Urban Renewal Agency. xv. PUBLIC HEARING: RESOLUTION ADOPTING URBAN RENEWAL AGENCY FY91 BUDGET e Mr. Wong had nothing additional to report. Council President Schue opened the public hearing. There being no requests to speak, the public hearing was closed. Res. No. 947--A resolution of the Urban Renewal Agency adopting the budget and making appropriations for the fiscal year beginning July 1, 1990, and ending June 30, 1991. Mr. Bennett moved, seconded by Mr. Holmer, to adopt the resolution. Roll call vote; the motion carried unanimously, 8:0. Ms. Schue adjourned the meeting of the Urban Renewal Agency and reconvened the meeting of the Eugene City Council. XVI. ORDINANCE AMENDING TELECOMMUNICATIONS FRANCHISE Mr. Wong noted that this item was brought to the council for a first reading on May 14, 1990. The ordinance would amend the City's franchise with US West to reflect the impact of HB3000, which established a uniform base for municipal charges for street use by telecommunications utilities. Unless the City amends its franchise agreement to increase the rate, the General Fund will lose revenue when the new revenue definition becomes effective July 1. e MINUTES--Eugene City Council June 11, 1990 Page 11 e Ms. Schue commented that the League of Oregon Cities has been involved in this issue and is making an effort to address issues of fairness. Council President Schue opened the public hearing. There being no requests to speak, the public hearing was closed. CB 4216--An ordinance concerning the Pacific Northwest Bell Telephone Company franchise; amending Ordinance No. 19425; and declaring an emergency. Mr. Bennett moved, seconded by Mr. Holmer, 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. 19685). XVII. ORDINANCE AUTHORIZING EWEB CONSERVATION BOND REFUNDING e Mr. Wong said that in 1984-85, voters approved $30 million in energy conservation bonds that were to be supported by Bonneville Power Administration (BPA) revenue. EWEB issued $17 million in bonds in 1985 and at this time, given the favorable market situation with respect to interest rates and a recent bond upgrade, recommends refinancing to recoup savings and take advantage of money available since the debt service reserve is no longer required. The EWEB Board adopted the Bond Refinancing Resolution at its May 14 meeting as a department of the City, and the council is now required to authorize the issuance of the bonds. Answering a question from Mr. Rutan, Mr. Wong said the bonds are fully supported by the BPA and are not backed by the good faith and credit of the City of Eugene. CB 4222--An ordinance providing for the issuance and sale by the City of Eugene, acting by and through the Eugene Water & Electric Board, of not more than $15,000,000 aggregate principal amount of revenue bonds for the purpose of (1) refunding $14,145,000 of electric utility system conservation revenue bonds, series 1985, and (2) paying the cost of an energy conservation program undertaken by said City, acting by and through the Eugene Water & Electric Board, to finance energy conservation measures and undertakings on behalf of customers served by the Eugene Water & Electric Board; providing for certain other matters in connection therewith; and declaring an emergency. Mr. Bennett moved, seconded by Mr. Holmer, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 8:0. e MINUTES--Eugene City Council June 11, 1990 Page 12 e e e Mr. Bennett moved, seconded by Mr. approved and given final passage. councilors present voting aye, the (and became Ordinance No. 19692). Ms. Bascom said two representatives from the Lane Literacy Coalition were in the audience and had expected to speak on the budget item. She hoped to schedule time at a future meeting to receive such input, after the council completes its policy discussion. Holmer, that the bill be Roll call vote; all bill was declared passed The meeting adjourned at 8:50 p.m. to June 13, 1990. ~ Mic eal Gleaso , City Manager (Recorded by Mary Feldman) mncc 061190-730 MINUTES--Eugene City Council June 11, 1990 Page 13